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PROCEEDINGS OF THE MEETING OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF BREAUX BRIDGE HELD AT THE CITY HALL, 101 BERARD STREET, AT 6:00 P.M. ON TUESDAY, OCTOBER 10, 2017.
Mayor Ricky Calais called the meeting to order, the Invocation and Pledge of Allegiance were recited.
Present: Brenda Castille Hobbs, Howard Alexander, Ernest Ledet, Glenn Michael Angelle and Gary Champagne.
Upon motion of Howard Alexander, duly seconded by Glenn Michael Angelle, and unanimously carried, the Board of Aldermen approved the following additions to the October Meeting Agenda:
Item #19: Resolution Supporting the City of Breaux Bridge Grant Application to Cleco
Item #20: Resolution Supporting the Community-Wide Brownfields Assessment Grant
Breaux Bridge Area Chamber of Commerce spoke briefly about the cook-off being successful and thanked the City of Breaux Bridge for their support.
Upon motion of Gary Champagne, duly seconded by Glenn Michael Angelle, and unanimously carried, the minutes of the September 12, 2017 City Council meeting were approved with the following changes: Approved Mayor to move forward with the proposed improvements of Parc Hardy Master Plan as presented by Glenn Angelle. (Authorized Payment, And) were the three words deleted.
A presentation was given by architect Glenn Angelle to consider a variance to the St. Martin Parish School Board Breaux Bridge Junior High property for the construction of additional buildings.
Upon motion of Glenn Michael Angelle, duly seconded by Howard Alexander, and unanimously carried, the Board of Aldermen approved a variance to the St. Martin Parish School Board Breaux Bridge Junior High School property for the construction of additional buildings.
The Engineer with Atchafalaya Trace, Joseph Fournet, spoke to the Council and asked for a variance for Atchafalaya Trace Development. He asked for a variance from 60 feet to 32 feet Right of way and presented subdivision plat to council.
Upon motion of Gary Champagne, duly seconded by Howard Alexander, and carried, the Board of Alderman did not approve the variance for Atchafalaya Trace Development.
Upon motion of Howard Alexander, duly seconded by Brenda Castille Hobbs, and unanimously carried, the Board of Aldermen approved the hiring of Lauren Taylor (Part-time dispatcher), Gerald Bouquet (Full-time police officer) and Craig Gregory II (Full-time police officer).
Upon motion of Gary Champagne , duly seconded by Howard Alexander, and unanimously carried, the Board of Aldermen opened a public hearing for Ordinance #2235 (An ordinance to amend Chapter 23 of the Code of Ordinances by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 23-3.1, 23-4.19, 23-4.20, 23-4.26, 23-5.7, 23-5.8, 23-5.9, 23-5.10, 23-10a, 23-5.16 through 23-5.16.8, 23-10.1, 23-10.3 and 23-11.1 regarding zoning regulations).
Attorney Hebert stated that he has made one change under Gateway Improvements. He stated that he changed that the Community Icon to be recommended instead of required. He then noticed that another change also needed to be changed. The change is under Sec. 23-5, 16.5 Community Icon, that the word require needs to be changed to recommend.
Mayor commented that there are enough truck stops/casinos in the City of Breaux Bridge. He stated maybe that it should be considered city-wide. He suggest that it be taken out of the I-10 Corridor. Councilman Champagne agreed. He spoke on how he has issues in the past with truck stops/casinos and truck washes. He also stated that it was originally zoned Light Industrial and has been moved to C-5. He would like to petition the council to move it back to light industrial because of the risks that trucks carry hazardous materials. Councilman Champagne also stated the last truck wash did not pass because, hazardous materials would be washed into the ground and would threaten the lake in North Bridge. Councilman Alexander commented, that last time they wanted a truck stop behind the Shell station the council denied it. Mayor stated that this would be removing it completely.
Mr. Zaunbrecher spoke to the council, and stated the ordinance that is being reported on actually creates a commercial district on I-10. He said the new wording in the ordinance encourages truck stops. He would like the council to eliminate truck stops/casinos and truck washes from coming into the city.
Councilman Champagne asked Attorney Hebert if they can legally say the city does not want any truck stops/casinos and truck washes. Attorney Hebert stated the council can say any kind of zoning regulations that the city wants and remove it from the allowed usage.
Mr. Latiolais spoke to the council and gave his opinion about the truck stops. He said that truck stops do not add anything to the city. He said that the city has valuable property that can be used for a lot of other things beside truck stops. Mr. Latiolais stated, once you put a truck stop or plaza you start a whole other development in that area. He spoke about how it is a hazard with the truck stop that is already in the city by I-10 and how hard it is to get out with all the trucks pulling in and out from the truck stop. He would be against building more truck stops.
Councilman Angelle asked Mr. Hollier to give his definition of a truck stop. Mr. Hollier stated the truck stop reference is to the 18-wheelers. He said generally Interstate truck stops usually come in a comprehensive package, where you usually find along highways. He said a truck stop can be written into the ordinance that we are talking about 18-wheelers. His opinion is that the city would remove the permitted use.
Attorney Hebert recommends under 23-5.16 to add prohibited usage for truck travel and truck washes.
Councilman Hobbs wanted the public to hear what was in writing. She read the last two sentences under section 23.5-5.16.1 to the audience. She stated that is the wording used for truck stops, and it is not transparent.
Attorney Hebert further explained about adding the prohibited usage for truck travel service infrastructure, truck stops and truck washes.
Having no further discussion, upon motion of Howard Alexander, duly seconded by Glenn Michael Angelle, and unanimously carried, the Board of Aldermen closed the Public Hearing on Ordinance #2235.
Council decided that additional time should be allowed to review the ordinance to then be taken up at later meeting.
Chad LaComb briefly explained the Brownfields Assessment Grant Program.
Upon motion of Glenn Michael Angelle, duly seconded by Howard Alexander, and unanimously carried, the Board of Aldermen moved to adopt the following Resolution in support of a Brownfields Assessment Grant Program.
CITY OF BREAUX BRIDGE BOARD OF ALDERMEN
RESOLUTION NO. 2017-00
A RESOLUTION OF THE CITY OF BREAUX BRIDGE BOARD OF ALDERMEN ENCOURAGING AND ENDORSING AN APPLICATION FOR A BROWNFIELDS GRANT FOR THE CITY AND REQUESTING THE MAYOR TO SUBMIT NECESSARY FORMS AND DOCUMENTS TO COMPLETE SAME IN A TIMELY MANNER.
WHEREAS, the Board of Aldermen acknowledge there are numerous potential Brownfield sites located within the corporate limits of the city; AND
WHEREAS, the Board of Aldermen understand the federal Brownfields assessment and remediation program can assist local public and private property owners identifying problems and facilitate redevelopment opportunities; AND
WHEREAS, establishment of a Breaux Bridge Brownfields Redevelopment Program for the City of Breaux Bridge has been determined to be an appropriate vehicle to accomplish same; AND
WHEREAS, the Mayor and Board of Aldermen have determined qualifications for and expense of Brownfield Phase I assessments are at no cost to the city or property owner; AND
WHEREAS, an inventory of brownfield properties within the corporate limits of the City of Breaux Bridge is ultimately beneficial to the community and affected property owners for redevelopment and economic viability; AND
WHEREAS, this initial Brownfields Assessment Grant application is viewed and considered a beginning for new viable redevelopment opportunity and initiative; AND
Whereas, Mayor and Board of Aldermen agree the purpose and intent of the Brownfields grant application is in the best interests of the City of Breaux Bridge and local property owners;
NOW THEREFORE BE IT RESOLVED BY THE BREAUX BRIDGE BOARD OF ALDERMEN that the Breaux Bridge Brownfields Redevelopment Program is hereby established;
BE IT FURTHER RESOLVED the Breaux Bridge Board of Aldermen agree, endorse and support the Brownfields grant application through the Acadiana Planning Commission and request the Mayor to submit all necessary forms and documents to accomplish;
BE IT FURTHER RESOLVED the Mayor shall be interim administrator of the Breaux Bridge Brownfields Redevelopment Program and shall provide an annual progress report to the Board of Aldermen in September of each year;
THIS RESOLUTION HAVING BEEN VOTED AND APPROVED BY THE BREAUX BRIDGE BOARD OF ALDERMEN ON THE 10TH DAY OF OCTOBER, IN THE YEAR 2017.
ATTEST: ________________________________
Upon motion of Glenn Michael Angelle, duly seconded by Howard Alexander, and unanimously carried, the Board of Aldermen opened a Public Hearing for Ordinance #2236 (An ordinance to amend Chapter 19 of the Code of Ordinances by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 19-2 through 19-55 regarding the regulation of development of subdivisions).
City Engineer Chris stated the subdivision owners are responsible to maintain detention ponds. He explained to Councilman Angelle, the subdivision submits a drainage impact analysis on the entire subdivision which is prepared by their engineer. Chris also confirmed the plan meets all the requirements.
Mayor asked Attorney Hebert and City Engineer Chris Richard to insert a sentence or paragraph of provisions, that if a permit is not issued on the back end until an inspection is made to verify that you complied with what you presented on the front end.
City Engineer Chris informed the Council and Mayor that the city does not accept the subdivision and infrastructure until he completes his final inspection and recommends acceptance.
Having no further discussion, upon motion of Glenn Michael Angelle, duly seconded by Howard Alexander, and unanimously carried, the Board of Aldermen closed the Public Hearing on Ordinance #2236.
Upon motion of Howard Alexander, duly seconded by Gary Champagne, and unanimously carried, the Board of Aldermen adopted Ordinance #2236 (An ordinance to amend Chapter 19 of the Code of Ordinances by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 19-2 through 19-55 regarding the regulation of development of subdivisions).
An ordinance to amend Chapter 19 of the Code of Ordinances by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 19-2 through 19-55 regarding the regulation of development of subdivisions.
BE IT ORDAINED by the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana duly convened in regular session on the 10 day of October 2017, that:
The Code of Ordinances for the City of Breaux Bridge, Louisiana be amended by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 19-2 through 19-55 as follows:
ARTICLE II – SUBDIVISION OF LAND
DIVISION I – GENERAL PROVISIONS
Any sale or contract of sale or agreement to purchase any lot or division of land either by lot description or by metes and bounds as defined in this subsection shall constitute a subdivision of land and require, prior to any sale or contract of sale or agreement to purchase and before the recordation of a deed, the submission of a plat to the planning commission. The term "subdivision" does not include those subdivisions of land exempt in R.S. 33:106.1.
Sec. 19-3 – Authority.
These subdivision regulations and minimum standards for the development of land are adopted by the City of Breaux Bridge as authorized by Louisiana Revised Statutes 33:101-119 and as amended.
If the parcel of land to be subdivided is of such unusual qualities (e.g., size, shape or topography), or is surrounded by such development or unusual conditions, that the strict application of the requirements included in this Chapter would result in an undue hardship, or inequity, the Planning Commission, with the approval of the City Council, may vary or modify such requirements of design, but not of procedure or off-site improvements, so that the developer may develop his property in a reasonable manner, but at the same time protecting the public welfare and interests of the city while preserving the general intent and spirit of this chapter.
(a) Any authorized variance is required to be entered in writing in the minutes of the Planning Commission along with the reasons for granting such variance.
Whoever, being the owner or agent of the owner of any land located within a subdivision, transfers or sells or agrees to sell any land by reference to or exhibition of or by use of a plat of a subdivision, before such plat has received final approval as provided in this Chapter and recorded or filed in the Clerk of Courts office of St. Martin Parish, shall forfeit and pay a penalty of $500.00 for each lot or parcel so transferred, or sold, or agreed to be sold. The other documents used in the process of selling or transferring shall be except the transaction from the penalty provided in this section.
Sec. 19-7 through 19-9. Reserved.
DIVISION II – PROCEDURE FOR PLAT APPROVAL
Sec. 19-10 – Pre-application Meeting.
Prior to the submission of the required plats for approval, it is recommended that the owner or developer of any land to be subdivided meet with the planning staff to discuss any potential problems with the proposed subdivisions and the requirements contained in the subdivision regulations of the City of Breaux Bridge. This is of particular importance for developers who are not familiar with these regulations.
Sec. 19-11 – General Requirements.
(a) Any owner/developer of land to be subdivided shall submit eight (8) copies, and one electronic submission, of a preliminary plat of the subdivision a minimum of ten (10) working days prior to the meeting of the Planning Commission, which shall conform to the minimum requirements as set forth in these regulations.
Should the Planning Commission fail to report within sixty (60) days to the City Council, the lack of action shall be deemed approval of the plat.
No plat of a subdivision within the City of Breaux Bridge shall be filed and recorded in the St. Martin Parish Clerk of Court's office, and no subdivider may proceed with improvements or sale of lots in a subdivision, until such subdivision plat has received final approval from the City Council and such approval entered in writing on the plat by the City Council. The developer shall record the approved plat and Act of Dedication in the St. Martin Parish Clerk of Court's office and provide a certified copy of these to the City of Breaux Bridge Planning and Zoning Department. No building permits shall be issued until the City is provided the approved, recorded plat and act.
Provided that other provisions of these regulations or other law to the contrary do not prohibit such action, the Planning Director, with the concurrence of the Mayor, may grant approval and certify plats involving minor modifications of existing parcels of land. Such approval and certification shall not require submission to the Planning Commission and City Council and shall have the same effect as approval by the City Council. Modifications qualifying for such administrative approval are:
(1) The realignment of shifting of lot lines, including removal, addition, alignment or shifting of interior lot boundary lines, or the redesignation of lot numbers provided the application meets the following requirements.
(i) It will not involve the creation of a new street, or any other public improvement.
(ii) It will not involve more than five (5) lots of record.
(iii) It will not violate the City's Zoning Ordinance and otherwise meets the requirements of these subdivision regulations.
(e) All plats approved, or certified, by an administrative procedure provided for herein shall designate such fact on the plat and the plats shall be recorded in the Clerk of Court's office of the parish. Any plat so approved shall have the same force and effect and legal status of a subdivision approval in the regular procedures outlined in these regulations.
Sec. 19-12 – Preliminary plat.
The following items must be shown on the preliminary plat with no exceptions:
(a) The proposed name of the subdivision and the names and addresses of the owners.
Plats shall be prepared and stamped by a registered professional land surveyor licensed by the State of Louisiana Board of Registration for Professional Engineers and Land Surveyors to practice in Louisiana.
(b) The date, a north arrow, and a graphic scale.
(c) The location of existing and platted property lines, streets, buildings, watercourses, railroads, sewers, bridges, culverts, drainpipes, water mains and any public utility servitudes, both on the land subdivided and on the adjoining land, and the names of adjacent subdivisions and the names and addresses of the owners of record of adjoining parcels of land as they appear on the current tax records.
(d) The plat shall delineate any 100-year flood zones including flood plain and floodway boundaries that may exist within the area of the proposed subdivision. The 100-year zone shall be as shown on the latest edition FEMA Flood Maps. The flood zone elevation indicated on the FEMA Map or as calculated by the Corps of Engineers shall be shown on the subdivision plat.
(e) The proposed plans for utility servitude layouts (sewer, water, electricity, natural gas, cable television) showing where possible proposed connections to proposed and existing utility systems.
(f) The proposed street names and locations, widths and other dimensions of proposed streets, alleys, servitudes, parks and other open spaces, reservations, lot lines and building lines.
(g) At the discretion of the Planning Commission or City Council, a statement of proposed street improvements may be required, including a contour map where terrain might affect the location of streets showing natural and finished grades, drawn to a scale of not less than one inch equals 100 feet horizontal and one inch equals 20 feet vertical.
(h) The acreage of the land to be subdivided.
(i) A vicinity map showing the location of the subdivision site.
Sec. 19-13 – Review and Approval.
Upon receipt of the preliminary plat, the Planning Director will provide copies of the plat for review to the appropriate city directors, the parish health unit, city consulting engineer, utility companies and anyone else the Planning Director deems appropriate.
Once the preliminary plat receives approval by the City Council, the developer must submit complete design documents (plans, specifications, permits, etc.), including calculations as required herein (see Article III – Design Standards and Requirements) to the City for review and approval by the City Engineer. The Developer shall address all requirements conveyed until approval is recommended by the City Engineer.
After the preliminary plat receives approval by the City Council and approval of the design documents is recommended by the City Engineer, the developer may install all required improvements, or guarantee installation of all required improvements as outlined elsewhere in the regulations.
Sec. 19-14 – Plat.
Eight (8) copies and one electronic submission shall be submitted to the Planning Commission, of which one copy shall be the original drawing and unless this is done within one calendar year of the City Council's approval of the preliminary plat, such approval shall lapse. These plats shall be submitted at least ten (10) working days prior to the meeting at which final plat approval is requested.
It is the intent of this chapter that the sale of building lots, or the issuance of building permits for the purpose of building speculative buildings of any type, should be contingent upon all public improvements being made and all these improvements should be installed to the size and quality acceptable to the City department or agency having jurisdiction.
Certification of installation of improvements, bond required or approval granted for development in phases. With the provisions of subsection (a) of this section in mind, the City Council will consider approval of the final plat only after receipt of:
(1) Certification by the City Council that all improvements have been installed in accord with the regulations of this chapter, and with the action of the City Council giving conditional approval of the preliminary plat; or
(2) Certification by the City Clerk that a bond has been posted, available to the city and in sufficient amount to ensure the completion of the required improvements; or
(3) Development by phases has been approved by the City Council. No phase shall receive final approval until all improvements have been installed and approved, or a bond has been posted in sufficient amount to ensure the completion of the required improvements.
(c) Requirements:. The final plat shall be drawn on tracing cloth or paper on sheets not larger than 24 inches by 36 inches and shall be at a scale of 200 feet to one inch or larger. Where necessary the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. The final plat shall show the following:
(1) The township, range and section in which the subdivision is located. If a section corner, township line or range line falls within the Subdivision, it shall be shown.
(2) Primary control points, or descriptions and ties to such control points, to which all dimensions, angles, bearings and similar data on the plat shall be referred.
(3) Tract boundary lines, right-of-way lines of streets, servitudes and other rights-of-way, and property lines of residential lots and other sites, with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves.
(4) The name and right-of-way width of each street or other right-of-way.
(5) The location, dimensions, and purpose of all servitudes.
(6) A number to identify each lot or site.
(7) The purpose for which sites, other than residential lots, are dedicated or reserved.
(8) The minimum building setback line on all lots and residential sites.
(9) Any areas which have been flooded within a period of ten years prior to the date of the final plat.
(10) Location and description of monuments.
(11) The names of record owners of adjoining unplatted land.
(12) Reference to recorded subdivision plats of adjoining platted land by record name, date and number.
(13) Certification by a surveyor or engineer certifying to the accuracy of the survey and plat.
(14) A statement by the owner dedicating streets, rights-of-way and any site for public uses. Statement shall include wording stating that construction of improvements on or over servitudes is prohibited.
(15) Title, scale, north arrow and date.
(16) Certification of approval by the City Council.
(d) Disposition of copies following approval. Upon approval of the plat, the original drawings shall be returned to the subdivider, and one copy shall be retained in the files of the City Council and one copy shall be filed in the Office of the Clerk of Court for St. Martin Parish.
(e) Effect of failure of board to take action; notice of disapproval. Failure of the City Council to approve or disapprove the final plat within sixty (60) days after receipt of the recommendation and report from the planning commission shall be deemed to be concurrence with the recommendation of the planning commission, be it for approval or disapproval of the plat. If the plat is disapproved, the grounds for disapproval shall be stated upon the records of the City Council and a letter transmitted to the subdivider stating the reasons for such disapproval.
Sec. 19-15 through 19-19. Reserved.
ARTICLE III – DESIGN STANDARDS AND REQUIREMENTS.
Sec. 19-20 – Conformance with city plan and City standards.
All proposed subdivisions shall conform to any city plan which has been officially adopted by the planning commission, or may be adopted in the future. Whenever a tract to be subdivided embraces any part of a highway, major street, secondary street or parkway so designated on any city plan which has been officially adopted by the planning commission, such part of such proposed public way shall be platted by the subdivider in the same location and at the same width as indicated on such city plan.
All proposed improvements that are to be dedicated to the City for acceptance and perpetual maintenance shall be in accordance with the City standards in effect at the time of review or as determined to be applicable by the City Engineer.
Sec. 19-21 – Lots.
(a) Arrangement. As far as practical, side lot lines shall be at right angles to straight street lines or radial to curved street lines. Except as otherwise provided each lot must front upon a public street/right of way which is not less than 50 feet in width and which is connected with the public street system. Each lot must face a public or private street built in accordance with the City Standards stated herein.
(b) Minimum size. Within the subdivision jurisdiction limits of the city, the size and shape of residential lots shall be such as the City Council deems appropriate for the type of building development contemplated. Building plots shall have a minimum width of 50 feet at the building setback line and the minimum area required for the zoning classification that the proposed development is located in. Corner lots shall have extra width sufficient to permit establishment of a building line at least 15 feet from the side street property. The distance from the side street property line shall be measured from the street right-of-way paralleling the long dimension of the lot. Townhouses or condominiums may be built on lots having less street frontage and area, provided that the plans are approved by the city zoning commission after public hearing and that the plans comply with criteria adopted by the commission and the zoning ordinance.
Sec. 19-22 – Public use areas: Servitudes.
(a) Reservation of land for public use. Where a park, neighborhood recreational open space, school site or other area for public use shown on a plan which has been officially adopted by the planning commission is located in whole or in part in a proposed subdivision, the board of trustees shall seek to secure the reservation of the necessary land for such use. Special consideration shall be given to schools and parks in subdivisions larger than 25 acres or 100 lots.
(b) Utility servitudes. Servitudes for public utilities and drainage ways shall be provided in the widths and locations deemed necessary by the City. A minimum 10 foot utility servitude shall be provided on along both sides of all public road rights-of-way.
Except where alleys are provided for the purpose, the City will require servitudes sufficient for poles, wires and conduits, or where feasible for storm and sanitary sewers and gas, water or other utility lines, on each side of the common rear lot lines, and may require servitudes alongside lot lines where necessary unless the utility company certifies this to be impractical or unless it is not feasible in the opinion of the City.
The servitudes shall be dedicated to the City of Breaux Bridge for its use and benefit, as well as for the benefit of such utility providers as the City of Breaux Bridge may authorize to utilize same.
Encroachments including but not limited to balconies and overhangs shall not be allowed in any servitudes that include or may include major utility equipment (i.e., transformers, fire hydrants, major valves, switching cabinets, etc.)
(c) Dedication of right-of-way along drainage courses. Whenever any stream or improved surface drainage course is located in an area that is being subdivided, the subdivider shall dedicate an adequate right-of-way along each side of the stream for the purpose of widening, deepening, sloping, improving or protecting the stream, or for drainage maintenance. For all drainage courses having a bottom width of five feet or more, the subdivider shall dedicate a right-of-way having a width of five feet for every one foot of bottom width. For example, a25 foot right-of-way shall be dedicated for all drainage courses having a bottom width of five feet, a 50 foot right-of-way shall be dedicated for all drainage courses having a bottom width of ten feet, etc.
(d) Dedication of reserve strips. There shall be no reserve strips except those which are conveyed to the government having jurisdiction.
Sec. 19-23 – Building restrictions and building setback lines.
(a) No final plat of land within the force and effect of the zoning ordinance shall be approved unless the building restrictions to be established conform with the minimum requirements of such zoning ordinance.
(b) Minimum building setback lines shall be provided for all lots designated as residential lots. Such building setback lines shall be not less than 20 feet unless otherwise specified in other sections of the regulations or in the zoning ordinance.
Sec. 19-24 – Comprehensive group housing developments.
(a) A comprehensive group housing development including the construction of two or more buildings together with the necessary drives and ways of access and which is not subdivided into the customary lots, blocks and streets may be approved by the City Council, if in the opinion of the City Council any departure from the regulations of this chapter can be made without destroying the intent of the regulations. Plans for all such developments shall be submitted to and approved by the City Council whether or not such plat is to be recorded, and not building permits shall be issued until such approval has been given.
Sec. 19-25 – Subdivisions with private gated (controlled access) streets.
Notwithstanding any contrary provisions in this chapter, a subdivision as defined herein may contain private gated street(s) not dedicated to public use or accepted for public maintenance, provided that:
(a) The subdivision and the street improvements must conform to all requirements of this chapter, except that private gated (controlled access) streets established in compliance with this section need not be dedicated to public use; and
(b) Prior to the recordation of a plat of survey of a subdivision with a private gated (controlled access) street, the subdivider shall cause the surveyor to clearly denote the following language on said plat:
"Private ownership of the street(s) as shown herein in hereby reserved and the city has no responsibility or liability for maintenance, use or failure of said streets, and does not warrant that said streets will be accessible or open. All use, maintenance and liability therefore shall be subject to the rules and regulations set forth in an agreement among the owners of the property fronting on said street(s). Any purchaser is placed on notice that some public services may not be available on private streets."
(c) Prior to approval of a subdivision with a private street the owners of the property fronting on said private street must execute and file on record an agreement providing for maintenance of the private street and payment of the cost of maintenance of the private street.
(d) Any private gated (controlled access) street established under this chapter must at all times remain open to emergency and public safety vehicles.
Sec. 19-26 – Effective date.
The preceding section shall become effective upon adoption and publication as provided by law, but shall have no retroactive application to any unfinished phase of any existing subdivision within the city.
Sec. 19-27 – Streets.
(a) Relation to adjoining system.
Proposed new streets shall extend existing streets on their projections at the same or greater width, but in no case less than the minimum required width, unless variations are deemed necessary by the City Council for reasons of topography design or otherwise specified in other sections of these regulations. Where, in the opinion of the City Council, it is desirable to provide street access to adjoining property, proposed streets shall extend to the boundary of such property. Half streets along the boundary of land proposed for subdivision will be permitted.
(b) Width.
The minimum width of proposed streets, measured from lot line to lot line, shall be shown on the major street plan, or, if not shown on such plan, not less than 80 feet for major streets and 50 feet for other streets.
(c) Intersections.
As far as practical, acute angles at a street intersection shall be avoided. Where an acute angle of less than 75 degrees occurs between streets at their intersection, the City Council may require the property lines to be rounded or otherwise set back to permit curb construction of a desirable radius without curtailing the sidewalk at the street corner to less than normal width. Submission of a grading plan showing existing and proposed contours at one-foot intervals and a detailed design for the intersection may be required by the City.
(d) Entrance requirements.
Two entrances/exits must be provided for ingress and egress in all subdivisions except for gated communities.
(e) Dead-end streets.
Streets longer than 150 feet designed to have one end permanently closed shall be provided with a turnaround (cul-de-sac). The turnaround shall be adequate to accommodate all city and utility equipment. A street with a cul-de-sac shall not be more than 500 feet in length unless approved by the City Council for specific reasons of topography or design.
(1) A minimum driving surface of 38 feet shall be required in residential subdivisions to handle fire department equipment.
(2) Upon review of subdivision plats for multi-family, commercial or industrial developments, a driving surface radius of 38 feet or greater may be required.
(f) Names.
Proposed streets obviously in alignment with existing and named streets shall bear the names of existing streets. In no case shall the name for the proposed streets duplicate existing street names, irrespective of the suffix used. It is the developers responsibility to provide a letter of approval from the Emergency 911 Office approving the proposed street names and numbers assigned to each lot.
(g) Improvements.
Street improvements shall be required as set forth in Article IV of this chapter.
(h) Blocks.
Blocks shall not be more than 900 feet in length, unless there is provided a public crosswalk with not less than a ten-foot right-of-way. If such crosswalk is provided, blocks may not be longer than 1,500 feet.
The design engineer shall obtain, prior to submittal of design documents for review, any and all required permits for connections to state or federal highways. Any and all required environmental permits shall also be obtained prior to submittal. All permits shall be provided to the City Engineer with the submittal of the design document package. The submittal shall include a Storm Water Pollution Prevention Plan (SWPPP) for construction sites that will result in the disturbance of one acre or more, and documentation that a Notice of Intent has been filed for NPDES storm water permit coverage.
Sec. 19-28 and 19-29. Reserved.
ARTICLE IV: REQUIRED IMPROVEMENTS
The improvements listed in this article shall be installed prior to approval of the final plat and construction permits shall not be issued until the installation is complete and accepted by the city unless the planning commission and City Council approve one of the following options:
(b) The developer obtains a letter of credit or a bond guaranteeing the installation of all required improvements.
Sec. 19-31 – Erosion Control and Sediment Control Plan
No person shall be granted a site development permit for land-disturbing activity that would require the uncovering of 10,000 square feet of vegetative surface cover without the approval of an Erosion and Sediment Control Plan by the City of Breaux Bridge (Ordinance #2189).
No site development permit is required for the following activities:
Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
Existing nursery and agricultural operations conducted as a permitted main or accessory use.
Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm and shall be accompanied by a filing fee.
Each application shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the Erosion and Sediment Control Plan.
The applicant will be required to file with the City a faithful performance bond, letter of credit, or other improvements security in an amount deemed sufficient by the City to cover all costs of improvements, landscaping, maintenance of improvements for such period as specified by the City Planning & Zoning, and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site.
Sec. 19-32 – Monuments and Markers.
(a) All subdivision boundary corners, all lot corners and the four corners of all street intersections shall be marked with permanent monuments. A permanent marker shall be deemed to be a steel pipe with a minimum of ½" outside diameter which extends a minimum of two feet below the ground line. Should conditions prohibit the placing of monuments on-line, offset marking will be permitted provided that exact offset courses and distances are shown on the subdivision plat. Other monuments meeting the minimum standards of the Professional engineering and Land Surveying Board may also be used.
(b) For all subdivisions larger than five lots, a permanent benchmark shall be accessible placed, the elevation of which shall be on the North American Vertical Datum of 1988 (NAVD 88) as determined by the National Geodetic Survey (NGS), and accurately noted on the subdivision plat. Such permanent benchmark shall be of concrete with a minimum dimension of four inches and shall extend a minimum of two feet below the ground line.
(a) Surfacing. All streets shall be surfaced in accordance with one of the following methods except that major arterial streets shall only be surfaced according to subsection (1) of this section and streets surfaced according to subsection (2) of this section shall only be used in residential subdivisions.
Street Pavements shall be designed in accordance with The AASHTO Guide for Design of Pavement Structures (or AASHTO's latest adopted design procedure). Base courses shall be a minimum 12" thick soil/cement processed into a soil material that will stabilize with cement in accordance with DOTD TR 432 or an approved equivalent section. Soil material used for soil/cement base course shall have a Liquid Limit less than 35 and a Plasticity Index of less than 12 or shall be treated with lime to properly condition the soil. The soil/cement base course shall be constructed on a tested, compacted and approved sub-grade. Prior to the design of the roadway section the design engineer shall have the soil tested by an approved soil testing laboratory to determine if the sub-grade is suitable for roadway construction and if the soil is suitable for stabilizing with Portland cement. The soil testing reports shall be submitted by the design engineer along with the plans and specifications to the City Engineer and approved prior to construction.
Asphaltic Concrete Pavement wearing course for street construction shall be a minimum 3" thick for residential streets and a minimum of 4" for commercial and industrial streets in thickness and shall be Superpave Asphalt Concrete (Level 1) in accordance with Section 502 of the latest edition of the Louisiana DOTD "Standards Specifications for Roads and Bridges". The streets paved with asphaltic concrete shall be cored at intervals along the completed streets not to exceed 500 linear feet with a minimum of three (3) cores in the total subdivision street system. The core samples shall be tested by an approved testing laboratory for asphalt thickness, base thickness, strength and quality and reported to the City Engineer. Additional cores may be required by the City Engineer to isolate thickness, strength, or other pavement deficiencies. All core holes shall be patched immediately after the coring operation. The cost of coring, testing and patching the core holes shall be paid by the developer or his contractor.
Portland Cement Concrete Pavement for streets shall be a minimum 6" in thickness and shall have a minimum compressive strength of 4000 psi at 28 days. Concrete for inlets, curbing and sidewalks shall also have a minimum compressive strength of 4000 psi at 28 days. Proposed joint layout showing the spacing and design of expansion and contraction joints shall be included in the construction plans. The streets paved with Portland cement concrete shall be cored at intervals along the completed streets not to exceed 500 linear feet with a minimum of three (3) cores in the total subdivision street system. The core samples shall be tested by an approved testing laboratory for thickness and compressive strength and reported to the City Engineer. Additional cores may be required by the City Engineer to isolate thickness, strength, or other pavement deficiencies. All core holes shall be patched immediately after the coring operation. The cost of coring, testing and patching the core holes shall be paid by the developer or his contractor.
Roadway Trench Backfill
When trenches are cut across existing paved streets or under the area proposed to be paved in the subdivision development, the trenches shall be backfill with fill-crete material. The fill-crete is a 2-bag concrete mix used for fill material. The adjusted batch weights for the fill-crete shall be as follows:
Portland Cement 188 Lbs.
Sand 3248 Lbs.
Water 46.2 Gal.
(a) Base course. Base course work is to begin only after all trenching for utilities has been completed and backfilled. All trench backfill is to be compacted to 95 percent of the maximum density as determined by the Modified Proctor Test. All soil to be used for the base course shall be tested to determine its classification. If the base course is to be constructed from off-site material it shall conform to the requirements for Selected Soils. If the base course is to be constructed from existing on-site materials and its plasticity index is greater than 15, it shall be treated with the appropriate amount of lime in accordance with the state Department of Transportation and Develop (LA DOTD) standard specifications. Soils having a plasticity index greater than 35 shall not be used for the base course. After the base course material has been corrected, if necessary, it shall be brought to the required grade and section. The outer six feet of road bed shall be compacted to 95 percent of maximum density as determined by the Modified Proctor Test and the inner area shall be stabilized with ten inches of soil cement constructed in accordance with the state Department of Transportation and Development (LA DOTD) standard specifications.
(b) Concrete curbs and gutters. After the perimeter base course work and subsurface drainage are complete but before the soil cement base course is started, the concrete curbs and gutters are to be constructed as described in the state Department of Transportation and Development (LA DOTD) specifications. If the concrete for the curbs and gutters is poured monolithically, no reinforcing will be required. If the curb is poured separately, no. 4, grade 60, deformed bars, two feet long and bent into a U shape located on two-foot centers are to be continuously placed between the base slab and the curb. The concrete gutter shall consist of a concrete slab six inches thick and two feet, eight inches wide placed at a transverse slope of 0.08 foot per foot. The roll-over type curb shall be eight inches wide placed on the outer side of the concrete gutter. Its transverse section shall begin with a one-inch vertical rise; then a three-inch vertical to six-inch horizontal slope; then a two-inch horizontal surface; then a four-inch drop to the outside edge of the gutter slab. If a barrier-type curb is to be used, its section begins with a six-inch vertical to two-inch horizontal slope; then a six-inch horizontal surface, then a six-inch drop.
(c) Asphaltic concrete. After all base course, curb and gutter work has been completed and the prescribed curing time has elapsed, the asphaltic concrete surface is to be applied in accordance with the state Department of Transportation and Development (LA DOTD) standard specifications. Note that the asphalt is to have a thickened area along all curb and gutter concrete and along any areas that abut existing pavements. The thickened areas are to be two feet wide and eight inches thick. The transverse slope of the asphalt riding surface is to be 0.025 foot per foot. Any areas where the new asphaltic concrete is to be in contact with existing asphaltic concrete will be appropriately coated with a tack coat.
An inspector certified by LA DOTD shall be present at the asphalt batch plant or concrete batch plant whenever material is prepared for use in construction of the development infrastructure and shall certify that the material used was of the approved quality and in conformity with the specifications.
The developer's design engineer shall submit to the City Engineer, the soil test reports and recommendations for the soil/cement base course or for any other base course that he proposes to use, with the submittal of the plans and specifications.
Laboratory testing reports shall be approved by the developer's design engineer and provided to the City Engineer for his review and approval. Required reports are as follows:
Atterberg limits of the soil at the sub-grade and base course grade
lime and/or cement determination for the base course
compaction tests of road sub-grade and base course
design mix of asphaltic concrete
design mix for Portland cement concrete
coring of finished roadways
(d) Testing. Prior to acceptance by the city, the developer shall submit copies of all testing data covering all phases of the work. Testing shall be conducted in accordance with the state Department of Transportation and Development (LA DOTD) standard specifications. Along with the test data will be a certification by a civil engineer licenses in the state verifying that all work and tests were performed in accordance with the above-described requirements.
(e) Warranty. The developer will supply a warranty to the city guaranteeing the project to be free of defects for a period of two years after acceptance.
(f) Grading. The full right-of-way shall be graded.
(g) Sidewalks. Concrete sidewalks shall be provided on all streets. Sidewalks shall be a minimum of four feet wide and four inches thick. Sidewalks must be constructed prior to the acceptance of the development by the City Council.
(h) Markers. Street markers bearing the names of the streets shall be provided and installed at each street intersection in the subdivision.
(i) Roadway lighting.
It is in the public interest for the developer of a residential subdivision within the corporate limits of the city, who elects to provide underground service lines for the distribution of electricity in a subdivision, to be required as a condition precedent to the approval of such subdivision by the city to make provision in the plan of such subdivision for the installation, at the developer's expense, of street lighting facilities within said subdivision. Streetlights shall be installed at locations and in accordance with specifications approved by the City Engineer and the holder of the franchise for the furnishing of electricity within the corporate limits of the City. The ownership and subsequent maintenance thereof is to be assumed by the holder of the franchise for the furnishing of electricity within the corporate limits of the City in accordance with the appropriate rate schedule in effect and on file with the Louisiana Public Service Commission.
All roadways and/or streets shall have roadway lighting. The purpose of street lighting is to promote safety and convenience for vehicular and pedestrian traffic through adequate visibility during darkness. All roadway lighting system shall be designed per the latest requirements of the Illuminating Engineering Society (IES) in conformity to the roadway classification per the IES definitions, of the roadway for which the lighting is being installed.
The local franchised utility company shall design all roadway lighting systems. Equipment used shall be manufactured specifically for streetlight application and repair parts shall be available for the projected life of the installation. Any standard equipment and any equipment other than the standard equipment used by the franchised servicing authority shall require that utility's approval prior to that utility's accepting the installation for connection to its system. The franchised utility company upon acceptance of any installation for connection to its system shall at that date forward by fully responsible, including but not necessarily limited to the proper operation, maintenance and replacement of the installation. All component parts, including but not necessarily limited to poles when replaced, shall match and be equal to the existing installation in performance, design, pattern and color. The utility company shall ensure that the degree of illumination in divided or boulevard-type streets is consistent with the degree of illumination required by this subsection for undivided streets.
In addition to all requirements of the provisions of this chapter, an effort shall be employed in the design of the roadway lighting system to locate light poles on property lines where possible, to use the highest efficiency components as practical and to use reasonable care to utilize lighting sensitive to the environment that it illuminates whenever practical and possible.
The provisions of this chapter shall not be construed to impose a duty on either the city or franchised servicing utility as to the public regardless of the activity in which the public or any member thereof is engaged.
No roadway lighting facilities shall be installed by any person, or by any utility company, within dedicated rights-of-way in any approved subdivision until and unless an application therefore has been submitted to and approved by the department of planning under the conditions and circumstances provided in this subsection.
If any person or any utility company shall install roadway lighting facilities in any subdivision in violation of the provisions of this chapter, the director of planning shall give such person or utility company, as the case may be, ten days written notice to remove the roadway lighting facilities from the dedicated rights-of-way, and upon failure of such person to remove such facilities, the director of planning is authorized to remove same without further notice. All costs of such removal shall be chargeable to the owner of such facilities or to the person installing same, as the case may be.
Sec. 19-34 – Sewage disposal system.
(a) If the subdivision is located where a public sanitary sewer is accessible, the subdivider shall connect with such sanitary sewer and provide adequate sewer lines accessible to each lot. Sewer connections and subdivision sewer systems shall comply with the regulations of the Louisiana Department of Health requirements and shall be constructed under the supervision of and approved by the parish health unit and engineer for the city.
(b) If no sanitary sewer is accessible, sewage disposal facilities shall be approved by and constructed under the supervision of the parish health unit. If sewage disposal is to be by septic tank or other similar individual means, the plat shall carry the notation that such individual means of sewage disposal shall be constructed according to the specifications of and under the supervision of the parish health unit.
(c) Sanitary sewer systems shall be designed in accordance with the latest edition of the Louisiana State Sanitary Code. Sanitary sewer system improvement plans and specifications shall be approved by the City Engineer and the Louisiana Department of Health (LDH) prior to starting construction. A copy of the LDH approval letter shall be sent to the City Engineer prior to starting construction.
(d) Lift stations where required shall comply with the latest design requirements of the City of Breaux Bridge.
Sec. 19-35 – Water supply.
The subdivider shall connect with a water supply approved by the parish health unit and the engineer for the city and make it available for each lot within the subdivided area. Fire hydrants shall also be installed by the subdivider. The location of the fire hydrants by the subdivider shall be in accordance with the requirements set forth by the Property Insurance Association of Louisiana (PAIL) rating, the St. Martin Parish Fire District and the City Engineer and in no case shall spacing be more than 500' between hydrants. Water mains for fire protection shall be a minimum size of 8" in diameter for dead end systems and 6" in diameter for looped systems. All water mains shall be in accordance with the latest revision of AWWA C900, Class 160. As these requirements differ for residential, commercial and undeveloped property, the developer of any property in the City of Breaux Bridge must have the subdivision plans reviewed by and receive the approval of the St. Martin Parish Fire District and the City Engineer.
Water systems shall be designed in accordance with the latest edition of the Louisiana State Sanitary Code. Water system improvement plans and specifications shall be approved by the City Engineer and the Louisiana Department of Health (LDH) prior to starting construction. A copy of the LDHH approval letter shall be sent to the City Engineer prior to starting construction.
ARTICLE V – DRAINAGE
Sec. 19-40 – Drainage Plan.
The subdivision plat shall delineate any 100 year flood zone that may exist within the area of the proposed subdivision, as shown on the 100 year flood zone on the latest edition of the FEMA Flood Maps. The flood elevation indicated on the FEMA Map, or as calculated by the Corps of Engineers shall be shown on the subdivision plat. The subdivision plat shall be prepared and stamped by a registered professional land surveyor licensed by the State of Louisiana Board of Registration for Professional Engineers and Land Surveyors to practice in Louisiana.
Drainage Impact Analysis Required: A drainage study shall be performed by a State of Louisiana licensed engineer to determine the drainage impact on the proposed development and surrounding affected areas. The development construction plans shall not be approved and construction shall not begin until a favorable written approval of the drainage impact by the City Engineer is given.
Drainage Design Criteria: All drainage systems shall be designed by a civil engineer licensed to practice in the State of Louisiana. Subsurface storm sewer systems for developments shall be designed for a minimum storm of five years. Storm sewers for outfall channels shall be designed for a ten-year storm (minimum). Developments with open ditch drainage systems shall be designed for a storm of five-year occurrence intervals except that cross drains for drainage channels within developments shall be designed for a ten-year storm. Drainage designs shall be in conformance with the latest edition of the State of Louisiana Department of Transportation and Development's Hydraulics Manual.
Runoff Determination Methods: For drainage areas less than 200 acres, the design engineer shall use the Rational Method (Q=ciA) procedure for determining runoff rates.
For drainage areas between 200 and 2,000 acres, the design engineer shall use the most recent Soil Conservation Service (SCS) method, as modified by the State of Louisiana Department of Transportation and Development's procedure for determining runoff rates. For drainage areas greater than 2,000 acres, the design engineer shall use the most recent USGS procedure for determining runoff rates.
Determination of Rainfall Intensity and Duration: Rainfall intensity and duration shall be taken from the latest edition of the State of Louisiana Department of Transportation and Development's Hydraulics Manual.
Runoff Coefficients: The runoff coefficients to be used in the Rational Method shall be the common runoff coefficients shown in the latest edition of the State of Louisiana Department of Transportation and Development's Hydraulics Manual.
General Engineering Design Requirements: All residential and commercial developments that results in increased storm water runoff exceeding the predevelopment runoff rate shall be required to mitigate the increases through drainage improvements. The drainage improvements shall be based on the design criteria in addition to any other stated provision. The development drainage design shall be based on the five-year storm event for residential development and a ten-year storm event for commercial developments. Storm drain outfalls and drainage channels across the development shall be designed for a ten-year storm.
Detention Requirements for Commercial and Residential Subdivisions
Detention requirements for commercial and residential subdivision developments are as follows:
Detention basins shall be designed with sufficient storm water storage volumes and controls to keep the storm water discharge rates from the completed development at or less than eighty-five percent (85%) of the predevelopment (i.e. reduce post development discharge to 85% of predevelopment discharge) level for developments two and a half (2.5) acres and larger. Developments less than 2.5 acres are required to retain the applicable residential or commercial design storm event and not the 25-year storm event. The applicable design storm shall be as described in the table below. Detention basins shall be designed with controlled overflows to direct storm water in excess of the basins capacity to the outfall without negatively impacting adjoining properties.
DESIGN STORM EVENT
Type Design Event (minimum) Retention Event Evaluated for –
Drainage system and outfalls for commercial or multi-use subdivision 10-year storm (10%) 10-year storm (10%)1
25-year storm (4%)2 100-year storm (1%)
Drainage system and outfalls for residential subdivision 5-year storm (20%) 5-year storm (20%)1
Channel/System modifications 10-year storm (10%) 25-year storm (4%) 25-year and 100-year storm (4%; 1%)
Collector street crossings 10-year storm (10%) N/A 25-year and 100-year storm (4%; 1%)
Arterial Street Crossings 25-year storm (4%) N/A 100-year storm (1%)
Channel crossings in excess of 100 square feet 25-year storm (4%), if feasible N/A 25-year and 100-year storm (4%; 1%)
Relocated Natural Drainage Features/Channel3 100-year storm (1%) N/A 100-year storm (1%)
* Additional requirements may be specified based on the project's scope.
1 for developments up to and including 2.50 acres
2 for developments larger than 2.50 acres
3 or as approved by City Engineer
The volume needed to meet a retention/detention requirement cannot be counted towards a volumetric analysis for fill obstruction requirements in a special flood hazard area.
The hydraulic grade line shall be used to determine the extent of flooding, depth of flooding, and efficiency of the system.
The capacity of all existing ditches, culverts, sub-surface and surface drainage structures that will be utilized by new or relocated outfall points downstream of the development to allow passage of storm water to the first outfall, coulee, canal or river shall be determined and analyzed for the development runoff. In no case shall a developer evaluate the capacity of the outfall, coulee, canal or river less than 1,000 feet downstream of the development.
Tailwater (TW) is defined as the flow depth of the downstream channel measured from the flow line of the outlet structure or culvert. It is considered to be an important factor in outfall structure or culvert hydraulic design because a submerged outlet may cause structures or culverts to flow full, rather than partially full, impacting the hydraulic efficiency of the drainage system.
Therefore, the hydraulic analysis of the drainage system shall address the tailwater elevation of the outfall channel/system.
The tailwater elevation of the outfall channel/system shall be set at top bank for open channel systems and/or flowing full for sub-surface drainage systems unless, through a hydraulic analysis for a 25-year design storm event, it is determined to be
All public inverts are determined by dry
The cleansing velocity of 3 ft/sec is the desired velocity and must be met within a drainage It is understood that the beginning of the system may not achieve this velocity due to the 15″ culvert minimum requirement, but shall be achieved within the first 3 structures of the system.
Developments for which a subsurface drainage system has hydraulically proven to be impractical will utilize an open ditch drainage design such that:
Maximum depth of ditches is limited to thirty inches (30″).
Minimum ditch grade along streets is 0.20%, and those ditch grades which directly advance erosion of the ditch or adjacent properties are strictly
Design is based on culvert flow when culverts are placed within sixty feet (60′) of each other.
Any channel relocation may not alter the flood hazard limits and impact adjacent properties without the full notification and letter of map amendment process as described by FEMA/NFIP All channel relocation/improvements must be supported by a Hydraulic Analysis that indicates there is no hydraulic impact outside the platted boundaries for the applicable design storm.
Any development that has rear lot drainage that traverses through multiple lots shall be sub-surface.
No encroachments of permanent structures are permitted within public drainage
The City reserves the right to require information on all developments to ensure future structures are protected from flooding.
Open ditch subdivisions. Permissible subdivision detention basins for open ditch subdivisions that will remain open ditch are as follows:
Roadside ditch.
Perimeter ditches.
Other design options developed by the developer and approved by the City Engineer.
Curb and gutter subdivisions. Permissible residential subdivision detention basins for curb and gutter subdivisions are as follows:
Curb side; detention area shall be curb to curb but flood depth is not to exceed three inches above the centerline of the roadway.
Curb to curb and underground storm drainage system.
Curb to curb, underground storm drainage system and detention pond.
Maintenance of storm water management facility.
The owner of the detention facility or any successor who acquires title to the storm water management facility shall at all times maintain the design section of the storm water management facility as indicated on the site drainage plan and in the drainage impact analysis report. If the City determines that the storm water management facility has not been maintained, the owner shall make the necessary modifications to conform to the original approved design sections, requirements, etc., within a 30-day period from written notification from the City.
Maintenance of the storm water management facility shall be included on the site drainage plan as well as within the drainage impact analysis report and shall be acknowledged in writing by the owner of the development. The developer shall provide the City with an approved agreement or other contractual arrangement evidencing that adequate provision has been made for future maintenance of the facility in those instances where the facility is to be acquired by an owners' association or other similar entity.
Sec. 19-41 – Hydraulic Standards for the Designated 100 Year (1 percent) Special Flood Hazard Area.
The following general standards shall apply in addition to any other stated provisions for all proposed development within the City and the designated one percent {1%) chance storm event or one hundred (100) year Special Flood Hazard Area:
Flood Plain Analysis shall be required for all developments/projects greater than 50 lots or 5 acres, whichever is the lesser, located within a Designated Flood Hazard Zone. The complete analysis must be conducted after Preliminary Plat approval by the Planning Commission and before Final Plat approval or issuance of a commercial building
Any Flood Plain Impact Analysis conducted for a development/project located in the Designated Flood Hazard Area Zone "A" shall include, as an integral part of the Flood Plain Impact Analysis, a Base Flood Elevation Determination in accordance with the FEMA NFIP document, "Managing Floodplain Development in Approximate Zone A "
No development, fill, or obstruction of any type on or over any portion of a Designated Floodway shall be permitted which alone or cumulatively with other such development, fill, or obstructions would cause or result in an obstruction or otherwise adversely affect the efficiency of or restrict the flow or capacity of a Designated Floodway so as to cause foreseeable damage to others, wherever located. Any such development application shall include hydrologic and hydraulic HEC-RAS data (or other models acceptable to the applicable regulatory agency) confirming that no adverse flood effects will result from a proposed development in the Designated Flood way. This certification is subject to review and approval or denial by the City and/or
All development which fill or modify a designated Special flood Hazard Area must mitigate that development activity volumetrically.
Mitigation is to provide equivalent storage volume (acre-ft) as is proposed to be filled/modified below the established base flood elevati Documentation shall be provided which determines the volume of the fill material/modification placed above natural grade to the determined base flood elevations for the development. The storage volume facility shall result in an effective "zero net fill" of the pre-development storage capacity of the Special Flood Hazard Area. Provisions shall be made for the retention/detention pond to accept storm water during the 100-year (1%) storm event from the adjacent properties of an equal volume of that consumed from the development activities.
If the stormwater retention facility is used as the storage mitigation area, the storage volume is to be calculated as the volume above the 25-year (4%) water surface elevation of the pod.
If a separate facility is provided for the storage volume, the storage volume may be calculated from the invert or standing water surface elevation.
Fill or other materials placed within a known flood hazard area or flood plain area shall be protected against erosion. Acceptable means of protection include, but are not limited to: Rip rap, vegetation covers, hydro-mulch, erosion control matting and bulk heading. See above for more information on proposed fill in flood ways as defined by the latest NFIP I.R.M.
Elevation Requirements: All structures or applicable public infrastructure enclosed on three or more sides, built on property in the one hundred (100) year Flood Zone shall be elevated to ensure the lowest floor elevation is located at a minimum of one foot (1') above the base flood elevation height for that area at the time of project
No Net Fill Requirement: For residential, industrial, commercial and other nonresidential developments which are located in the 100-year flood zone, according to the latest Federal Emergency Management Agency flood insurance rate map, there is a no net fill requirement. No net fill means that the total net flood storage volume below the base flood elevation that exist in the predevelopment condition shall not be reduced in any way by the construction of the development facilities. The design and construction of the development may include fill and excavation for the construction of the development. Such fill and excavation proposed for construction may change the location and size of the flood storage areas but must not in any way reduce the flood storage volume that existed in the predevelopment condition. The design engineer for the development shall provide the City Engineer with calculations of flood storage volume below the base flood elevation for both the predevelopment condition and for the final grading plan. The volume calculations shall be submitted to the City Engineer and approved prior to the start of construction.
Filling Within the 100-Year Floodplain: When filling is allowed within the 100-year floodplain, in compliance with the no net fill requirements, it shall be designed, planned and constructed without causing floodplain restrictions. Floodwaters must be able to flow freely in and out of the natural or constructed flood storage areas within the designated floodplain. The drainage impact analysis must show that the improvements will not increase the upstream flood elevations.
Development Within A Regulatory Floodway: For proposed developments within a regulatory floodway, a complete drainage impact analysis will be required by a Louisiana licensed engineer showing that the proposed development will not increase upstream flood elevations. The drainage impact analysis shall be submitted to the City Engineer and approved prior to any construction within the floodway.
ARTICLE VI – DESIGN, CONSTRUCTION AND CERTIFICATION OF DEVELOPMENT FACILITIES AND IMPROVEMENTS
Sec. 19-46 – Design of Development Facilities.
The design and planning of all development facilities such as drainage, streets and all utilities proposed to be public facilities located within right of ways, easement and servitudes shall be performed by a licensed engineer registered to practice in Louisiana. Plans and specifications shall be submitted to the City Engineer for approval prior to construction. All testing reports, design data and information critical to making design decisions shall be submitted to the City Engineer for approval along with the plans.
Sec. 19-47 – Construction of Development Facilities.
The construction of the development facilities shall be accomplished in strict conformance with the plans and specifications. Construction inspection shall be provided by the design engineer, to the extent necessary, to certify that the facilities were constructed in accordance with the plans and specifications. Copies of all testing and inspection reports and record drawings shall be submitted to the city and the City Engineer when the construction is completed. All record drawings for all improvements shall be provided in the following formats: full size (24"x 36") plan sheets AND electronic copy in PDF format.
(a) Construction Quality Control of the Subdivision Improvements
The latest edition of the Louisiana DOTD "Standards Specifications for Roads and Bridges" shall be used as a guide for construction quality and is hereby incorporated in the regulations by reference.
(1) A preconstruction conference shall be held prior to the start of construction. The conference will be held at the City Hall. The developer, the selected contractor, the design engineer, the City Engineer and the City Superintendent must be present at the conference. The preconstruction conference will held to inform the developer and contractor about the quality control requirements during construction.
(2) The Contractor shall obtain from the City of Breaux Bridge a permit to construct the proposed subdivision improvements within the City limits of Breaux Bridge. The permit fee shall be determined based on 5% of the estimated construction cost of the proposed improvements to be dedicated to the City for perpetual maintenance. The estimated construction cost (determined by bid prices or the engineer's cost estimate) of the proposed improvements must be reviewed and approved by the City Engineer prior to the determination of the 5% permit fee.
(3) The permit fee will be utilized to cover the expenses associated with the City of Breaux Bridge providing construction observation and testing services required to give the City assurances that the improvements are constructed in accordance with the approved plans and specifications. The testing services and construction observation by the City are not intended to replace those testing and inspection requirements required by the design engineer. The City will not be responsible for performing utility testing (e.g. pressure testing, bacteriological testing, TV inspection, etc.) or roadway coring and other testing required by the Subdivision Regulations. The number and type of test performed is at the sole discretion of the City of Breaux Bridge and is not intended as substitution for the testing required by the design engineer or the contractor to properly construct the proposed improvements.
(4) An inspector certified by LA DOTD shall be present at the asphalt batch plant or concrete batch plant whenever material is prepared for use in construction of the development infrastructure and shall certify that the material used was of the approved quality and in conformity with the specifications.
(5) The Contractor shall submit a construction schedule to the City Engineer prior to beginning construction. The City Engineer shall be notified when construction of a subdivision commences and when the drainage, utilities, base course and pavement construction is to be done.
(6) The developer's design engineer shall submit to the City Engineer, the soil test reports and recommendations for the soil/cement base course or for any other base course that he proposes to use, with the submittal of the plans and specifications.
(7) Laboratory testing reports shall be approved by the developer's design engineer and provided to the City Engineer for his review and approval. Required reports are as follows:
(8) The design engineer shall certify as acceptable, materials proposed to be used for storm sewers. These materials shall be submitted to the City Engineer and approved prior to the start of construction.
(9) The developer shall, at his own expense, have all subsurface storm sewer features and sanitary sewer system constructed features closed circuit television inspected. The videos shall be provided to the City Engineer in DVD format acceptable to the City Engineer for his review and approval. The videos shall be accompanied by television inspection reports that denote all features. The following are minimum requirements:
The sewer system shall be thoroughly pre-cleaned prior to TV inspection. Sewer system will be rejected if not sufficiently cleaned prior to TV.
Videos and reports must be correctly labeled with inlet/manhole numbers that match the construction plans.
The record drawings of the sewer system must include labeled wye/service locations based on the television inspection, with the correct sewer lengths and any changes in the system configuration.
Full video of the manholes/inlets/catch basins should be furnished, panning the entire structure. The structure should be panned at the beginning and end of each segment TVed.
Provide records of all testing (pressure, infiltration/exfiltration, etc.) performed on the sewer system (determined by City Engineer during plan review).
(10) The developer shall provide to the City Engineer record drawings accurately depicting all constructed improvements, dimensioning all surbsurface features. The location of all services shall be depicted and dimensioned on the plans (stationed from upstream manhole for sanitary sewer services, based on the television inspection performed).
The design engineer shall submit three (3) sets of construction plans updated to show the record locations of all the subdivision improvements to the City Engineer for the City. Building permits will not be issued for building construction in the subdivision until record drawings are submitted to the City. For open ditch drainage systems, a culvert table shall be included as described in Section 5.1(b).
Sec. 19-49 – Reserved.
ARTICLE VII – ACCEPTANCE OF IMPROVEMENTS AND EXTENDED WARRANTY
(a) Warranty and Maintenance Agreement & Performance Bonds
When the construction of the subdivision improvements are completed, the developer and his contractor shall prepare a written request to the City of Breaux Bridge asking the City to accept the completed improvements. With the request, the developer and his contractor shall file an agreement with the City of Breaux Bridge to provide a warranty of two (2) years from the date of acceptance by the City as complete (Note this does not constitute acceptance for perpetual maintenance). The developer and his contractor further agree that they are responsible for the proper maintenance of the improvements during the warranty period. The developer and contractor shall provide a Performance Bond covering the first year of the warranty, equal to 100% of the construction cost of the public subdivision facilities constructed. The developer and contractor shall also provide a second Performance or a letter of credit equal to 10% of the construction cost of the public subdivision facilities constructed, covering the second year of the warranty. The performance bonds and/or letter of credit shall specifically cover any and all corrective and maintenance work required during the two (2) year warranty period. These Performance Bonds and/or letter of credit shall be utilized by the City if the developer and contractor do not provide the required corrective and maintenance work. Perpetual Maintenance by the City of Breaux Bridge shall not be assumed until the end of the warranty period. The City Attorney shall approve the developer's and contractor's warranty, maintenance agreement, performance bonds and/or letter of credit prior to the City' acceptance.
An inspection shall be made by the developer, the contractor and the City Engineer sixty (60) calendar days prior to the expiration of the warranty period to determine if any corrective and/or maintenance work is required. Corrective and/or maintenance work shall be completed by the developer and contractor or by use of the performance bonds and/or the letter of credit prior to the end of the warranty period. At the end of the warranty period the City Engineer shall make a final inspection. If he finds that no failures or problems exist he will then recommend acceptance of the subdivision facilities by the City of Breaux Bridge for perpetual maintenance. Upon acceptance, the City shall then provide written approval for the cancellation of the performance bonds and/or release of the letter of credit.
The City of Breaux Bridge requires an extended warranty of two (2) years from the date of acceptance by the city on all improvements that are public facilities located in public right of ways, easements and servitudes. This extended warranty shall be provided by the developer in the form of an Irrevocable Letter of Credit for the purpose of guaranteeing to the City of Breaux Bridge the availability of funds for the purpose of warranty against faulty construction of improvements. The amount of the Irrevocable Letter of Credit shall be equal to twenty percent (20%) of the total cost of construction of the street and drainage.
BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, duly convened in regular session on the day of October 10, 2017, that the provisions of this ordinance are hereby declared to be severable, and if any provision, word, phrase, or clause of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the validity of the remaining portions thereof.
BE IT FURTHER ORDAINED by the Board of Alderman for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 10th day of October, 2017, that this ordinance shall become effective immediately upon the signature of the Mayor.
UPON MOTION of Howard Alexander seconded by Gary Champagne, and upon verification and assurance that the foregoing ordinance was:
Introduced on September 12, 2017, at the regular meeting of the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana;
Presented at a public hearing held on the 12th day of September, 2017, the Board of Aldermen, on the 10th day of October, 2017, adopted Ordinance Number 2236 by virtue of the following votes:
YEAS: Brenda Castille Hobbs, Howard Alexander, Ernest Ledet, Glenn Michael Angelle and Gary Champagne
ABSTENTIONS: None
PATTIE B. DUPUIS, RICKY CALAIS,
__October 11, 2017_________ ___October 11, 2017_________
Upon motion of Gary Champagne, duly seconded by Glenn Michael Angelle, and unanimously carried, the Board of Aldermen opened a Public Hearing for Ordinance #2237 (An ordinance to amend Chapter 14, Article III of the Code of Ordinances for the City of Breaux Bridge, Louisiana, by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 14-37 through 14-43, relative to nuisances and junk, wrecked or used automobiles or motor vehicles).
Attorney Hebert stated the City's requirements regarding junk vehicle and debris requires an actual hearing at this time. He said the City does not need a hearing. The state law does not require a hearing. The City can actually ticket someone without going through a hearing.
Mr. Blanchard made a comment that tickets or fines should be given out. Attorney Hebert told him that this allows it to be done without a public hearing. Mayor also informed him that the City is putting it in place to avoid public hearings.
Upon motion of Glenn Michael Angelle, duly seconded by Howard Alexander, and unanimously carried, the Board of Aldermen closed the Public Hearing for Ordinance #2237.
Upon motion of Glenn Michael Angelle, duly seconded by Howard Alexander, and unanimously carried, the Board of Aldermen adopted Ordinance #2237 (An ordinance to amend Chapter 14, Article III of the Code of Ordinances for the City of Breaux Bridge, Louisiana, by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 14-37 through 14-43, relative to nuisances and junk, wrecked or used automobiles or motor vehicles).
An ordinance to amend Chapter 14, Article III of the Code of Ordinances for the City of Breaux Bridge, Louisiana, by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 14-37 through 14-43, relative to nuisances and junk, wrecked or used automobiles or motor vehicles.
BE IT ORDAINED by the Board of Alderman for the City of Breaux Bridge, Louisiana duly convened in regular session on the 10th day of October 2017, that:
Article III of chapter 14 of the Code of Ordinances for the City of Breaux Bridge, Louisiana, be amended by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 14-37 through 14-41, and the repeal of Sections 14-42 and 14-43, as follows:
Section 14-37. – Notice to remove nuisance, junk, wrecked or used automobiles or motor vehicles.
No person in charge of or in control of premises, whether as owner, lessee, tenant, occupant, or otherwise, shall allow any junk, wrecked or used automobiles or motor vehicles to remain on such property longer than ten days; and no person shall leave any such vehicle on any property within the city for a longer time than ten days. For the purposes of this article, "junk, wrecked or used automobiles or motor vehicles" shall have the same meaning as provided in La. R.S. 33:4786(B), as may be amended from time to time.
This section shall not apply with regard to any vehicle in an enclosed building or so located upon the premises as not to be readily visible from any public place or from any surrounding private property. This section shall further not apply with regard to any vehicle on the premises of a business enterprise operated in a lawful place, other than in a residential district, and operated in a lawful manner, when the keeping or maintenance of the vehicle is necessary to the operation of the business enterprise; or with regard to a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the city or any other public agency or entity.
Section 14-38. – Abatement after notice to owner
The utility superintendent is authorized to remove any nuisance (other than junk, wrecked or used automobiles or motor vehicles which is governed by Section 14-38(b)) on any sidewalk or banquette, or on any lot, place or premises. No such work shall be undertaken by the utility superintendent until the person owning, leasing, occupying or having charge, as applicable, of the lot, place or premises, or of the property abutting the sidewalk or banquette shall have had the opportunity to do the work himself within at least ten days after previous notice has been given to him, or in his absence from the city, to the agent of the leased or occupied premises; or if the agent is not known, to the occupant thereof; or if not leased or occupied, by one advertisement in the official journal of the city.
The utility superintendent is authorized to remove any junk, wrecked or used automobiles or motor vehicles on any sidewalk or banquette, or on any lot, place or premises. No such work shall be undertaken by the utility superintendent until the owner of the vehicle or person owning, leasing, occupying, or having charge of the lot, place or premises, or the property abutting the sidewalk or banquette where the vehicle is located shall have had the opportunity to remove the vehicle himself within at least ten days after previous notice has been placed on the vehicle, given to the owner of the vehicle, if known, or the person owning, leasing, occupying or having charge of premises, as applicable, or if not leased or occupied, by one advertisement in the official journal of the city.
Sec. 14-39. – Liability for costs of city removing nuisance; collection procedure; lien on property authorized.
The actual costs, but not to exceed the sum afforded under La. R.S. 33:4876(c), as may be amended from time to time, to the City in having work performed as set forth in section 14-38 is declared to be a charge, cost or expense of the property abutting the sidewalk or banquette or of the lot, place or premises where such nuisance is removed, and owner of the nuisance or junk, wrecked or used automobiles or motor vehicles, if different than the property owner.
The costs and expenses shall be collected in any manner fixed by law, including the manner fixed by law for the collection of property taxes, and shall be subject to the same penalties for delinquencies.
The utility superintendent shall demand of the owners of the property, and owner of the nuisance or junk, wrecked or used automobiles or motor vehicles, if different than the property owner, the payment of the charges, costs or expenses. After the removal of the nuisance as shall have been done by the utility superintendent, after due notice as above stated, if the costs or expenses thereof shall not have been paid within ten days after demand, the utility superintendent shall send an attested bill of the costs and expenses to the City Clerk, who shall add the amount of the bill to the next property tax bill of the owner. The clerk shall also cause to be recorded in the mortgage office of the parish, an attested bill showing the cost and expense incurred for the work and the place or property on which the work was done, so as to establish for the city a lien and privilege securing the payment by the property owner of the charges, costs and expenses.
Sec. 14-40. – Enforcement procedure, responsibility of corporations.
For the purposes of enforcing the provisions of this article, a corporation shall be deemed to be represented by its president, or in his absence, by its vice president, or in the absence of both, by the officer or individual in charge of the affairs of the corporation. Any such representative shall be held responsible and punished for any violation by the corporation of the provisions of this article.
Each of the managers and members of a firm, partnership or limited liability company shall be held responsible and punishable for any violation by the firm, partnership or limited liability company of the provisions of this article.
Sec. 14-41. – Criminal penalties.
No person in charge of or in control of any property, whether as owner, lessee, tenant, occupant, or otherwise, shall permit any nuisance or junk, wrecked or used automobiles or motor vehicles, as defined in this Chapter 14, Article III, on the said property or on any abutting sidewalk or banquette. Additionally, no owner of any nuisance, including any junk or wrecked or used automobiles or motor vehicles, shall leave said nuisance or vehicle on any property.
Any owner, lessee, tenant, or occupant of any property, and owner of any nuisance, including any junk, wrecked or used automobiles or motor vehicles, if different than property owner, who, within ten calendar days after notice of the offending condition referenced herein, or within ten calendar days after mailing of the notice referenced herein, fails to remove such nuisance or vehicle from the property shall be subject to the criminal penalties set forth in subsection (d) of this section. If mailed, the mayor or his designee shall send by certified mail, return receipt requested, notice of the offending condition to the owner of the nuisance, including any junk, wrecked or used automobile or motor vehicle, and/or the owner, lessee, tenant, or occupant of the property where such nuisance or vehicle is located at the respective address reflected by the utility records maintained by the City or by its ad valorem rolls. Any notice provided for in this section shall advise the owner of such nuisance or vehicle and/or the owner, lessee, tenant, or occupant of the necessity to remove such nuisance or vehicle.
The term "property" as used in this article shall mean any occupied or unoccupied premises located within the municipal limits of the City of Breaux Bridge, Louisiana. Moreover, the term "owner", as used in this article, shall mean any person who has any ownership interest whatsoever in the subject property irrespective of the percentage of that ownership interest or the manner in which the ownership interest has been acquired.
In addition to the civil penalties set forth in sections 14-36—14-40, whoever violates this article shall be fined not less than $100.00, nor more than $500.00, and any such fine imposed shall not be subject to suspension. Moreover, the conviction of any person for a second or subsequent violation of this article occurring within 18 calendar months of a prior conviction therefor shall result in a fine of not less than $250.00, nor more than $500.00, imprisonment for not more than 60 days, or both, and any fine imposed shall not be subject to suspension.
The term "person" as used in this article shall be interpreted to include any natural person, corporation, limited liability company, partnership, or other similar juridical entity.
Sec. 14-42. – Repealed.
UPON MOTION of Glenn Michael Angelle seconded by Howard Alexander, and upon verification and assurance that the foregoing ordinance was:
Presented at a public hearing held on the 10th day of October, 2017,
The Board of Aldermen, on the 10th day of October, 2017, adopted Ordinance Number 2237 by virtue of the following votes:
_October 11, 2017______ ______October 11, 2017_______
Upon motion of Gary Champagne, duly seconded by Glenn Michael Angelle, and unanimously carried, the Board of Aldermen opened a Public Hearing for Ordinance #2238 (An ordinance to amend Chapter 6, Article VII of the Code of Ordinances for the City of Breaux Bridge, Louisiana, by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 6-162, 6-165, 6-166 and 6-168, relative to buildings or structures in a dilapidated and dangerous condition).
Attorney Hebert explained about streamlining the process by serving the property owners via certified mail instead of going through the police.
Upon motion of Gary Champagne, duly seconded by Glenn Michael Angelle, and unanimously carried, the Board of Aldermen closed the Public Hearing for Ordinance #2238.
Upon motion of Glenn Michael Angelle, duly seconded by Ernest Ledet, and unanimously carried, the Board of Aldermen adopted Ordinance #2238 (An ordinance to amend Chapter 6, Article VII of the Code of Ordinances for the City of Breaux Bridge, Louisiana, by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 6-162, 6-165, 6-166 and 6-168, relative to buildings or structures in a dilapidated and dangerous condition).
An ordinance to amend Chapter 6, Article VII of the Code of Ordinances for the City of Breaux Bridge, Louisiana, by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 6-162, 6-165, 6-166 and 6-168, relative to buildings or structures in a dilapidated and dangerous condition.
Article VII of chapter 6 of the Code of Ordinances for the City of Breaux Bridge, Louisiana, be amended by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 6-162, 6-165, 6-166 and 6-168 as follows:
Sec. 6-162. – Notice to owner; absent owner; hearing; notice filed with recorder of mortgages binds transferees.
Before the mayor and Board of Aldermen may condemn any building or structure there must be submitted to it, a written report recommending the demolition or removal of the building signed by some city official or other person authorized to act in such matters for the city. The Mayor or his designee shall thereupon serve notice on the owner of the building or structure requiring him to show cause, at a meeting of the governing authority regular or special, why the building or structure should not be condemned. The date and hour of the meeting shall be stated in the notice which shall be served at least ten days prior to the date of the hearing, except in the case of grave public emergency as provided in Subsection (d) of this Section.
The notice may be served by mailing it via the United States Postal Service, by either registered or certified mail, return receipt requested, to the owner at the owner's last known address. Service by registered mail shall be considered personal service if the certified return receipt or the return form is signed by the addressee. Service by registered or certified mail shall be considered domiciliary service if the certified return receipt or the return form is signed by anyone other than addressee. If the registered or certified mail is returned for failure to obtain a signature on the return receipt form or returned due to refusal of delivery, service may be accomplished by first class mail, with a certificate of mailing. Service by first class mail in accordance with this subparagraph shall be considered personal service and is effective when mailed. The notice may also be served by the City Marshal, Chief of Police or by any Sheriff or Deputy Sheriff or Constable having jurisdiction and power to serve legal process where the owner of the building or structure is found in the state and the officer shall make return of service as in ordinary cases.
If the owner is absent from the state or unrepresented therein, notice shall be served upon the occupant of the condemned building or structure, if any, and also upon an attorney at law appointed by the mayor to represent the absentee. Domiciliary service may be made as in ordinary cases.
In case of grave public emergency where the condition of the building is such as to cause possible immediate loss or damage to person or property, the governing authority may condemn the building after 24 hours' notice served upon the owner or his agent or the occupant and attorney at law appointed to represent the absentee owner. Any such notice may be attached to a door or main entrance of the premises or in a conspicuous place on the exterior of the premises and shall have the same effect as delivery to or personal service on the owner, occupant, or attorney at law appointed to represent the absentee owner.
Any notice served pursuant to this section shall be filed with the recorder of mortgages where the property is located. Once filed, the notice shall be deemed notice to all subsequent transferees. Any transferee of such property takes the property subject to all recorded liens, mortgages, and notices thereunto pertaining.
For the purposes of Sections 6-162 through 6-167, the term "owner" shall mean any person who has any ownership interest whatsoever in the subject property irrespective of the percentage of that ownership interest; and the term "person" shall be interpreted to include any natural person and/or corporation, limited liability company, partnership, or similar juridical entity.
Sec. 6-165. —Compliance with decision by owner; demolition or repair by city when owner fails to comply; notice.
The owner or his designated agent may proceed to demolish and remove the building, or have it repaired, in accordance with the order of the mayor and board of aldermen provided the owner or his agent executes a contract in writing obligating himself to have the work done within the required time and files with the mayor a copy of the contract, together with a bond to guarantee performance.
If the owner or occupant of the building or structure fails or refuses to comply with the decision of the mayor and board of aldermen and fails to appeal therefrom within the legal delays provided herein, then, in that event, the mayor may proceed with the demolition or removal of the condemned building or structure, in which case neither the mayor nor the city shall be liable in damages. Prior to the demolition or removal of the building or structure by the City, the Mayor or his designee shall serve notice on the owner, in accordance with the notice requirements under Section 6-162(b), or his agent, and on the occupant of the building, if there be any, or upon the attorney at law appointed to represent the minor, interdict, or absentee owner, giving the time when work will begin upon the demolition or removal of the building, structure, or public nuisance. Notwithstanding the foregoing, in cases of grave public emergency, the posting of the notice attached to the door or main entrance of the premises or in a conspicuous place on the exterior of the premises giving the time when the work will begin upon the demolition or removal of the building, structure, or public nuisance shall be considered sufficient notice to the owner, occupant or attorney at law appointed to represent the absentee owner.
The Board of Alderman may request and the adjutant general may assign, subject to the approval of the governor, National Guard personnel and equipment to assist in the removal and demolition of condemned buildings, structures, or public nuisances. The provisions of this Subsection shall be applicable when the budget for the demolition and removal of condemned structures has been expended by the Board of Alderman. However, the request must be accompanied by documentation that all procedural protections and substantive restraints have been adhered to by the Board of Alderman. In the event all procedural protections and substantive restraints have been adhered to by the Board of Alderman, the City and their personnel and the National Guard and their personnel shall not be liable to the owner of the building, structure, or public nuisance for any damages sustained resulting from the demolition of the building, structure, or public nuisance.
As an alternative to demolition or removal, after a demolition or removal order has been issued and the delay for a legal appeal has run, or an appeal has been denied, the Board of Alderman may, at its discretion, if it finds that such action will restore the structure to a state of usefulness to the community, make the repairs necessary to correct the defects in a condemned structure within its jurisdiction. The decision of the Board of Aldermen to repair the structure may be appealed in the same manner as provided under Sec. 6-164. The costs of repairs associated with such repair and a ten percent penalty shall be reimbursed by the owner of the property, and such costs and penalty shall operate as a lien and privilege on the property in favor of the City. Until such time as costs and penalty have been paid, the City may lease such property and apply all revenue to the amount owed by the property owner and to the necessary maintenance of the property.
Sec. 6-166. – Lien and privilege for cost of demolition, removal and maintenance by city; interest.
The city shall have a lien and privilege upon an immovable and its improvements for the cost of demolishing, removing, or both, the building or structure, all attorney fees incurred by the parish or municipality in connection with such demolition or removal, and for the cost of maintaining property against the lot and improvements upon which the building or structure was situated. Maintenance costs may include grass cutting, weed abatement, and trash and garbage removal. Such lien shall be placed on the property only in the event of the owner's refusal to pay any of these costs incurred by the city after notification to the owner and opportunity to be heard. In order to preserve the lien and privilege, it shall be the duty of the mayor to prepare and sign a sworn statement of facts, giving the description of the property and the approximate cost of demolishing, removing, or both, the building or structure and maintaining the property subsequent to demolition, which he shall cause to be filed and recorded in the mortgage office of the parish in which the property is located.
The privilege and lien shall be enforced by ordinary process in the district court having jurisdiction over the property within 3 years after it is perfected. Alternatively, the privilege and lien may be enforced by assessing the amount of the privilege and lien against the immovable as a tax against the immovable, to be enforced and collected as an ordinary property tax lien; the lien and privilege may be collected in the manner fixed for collection of taxes and shall be subject to the same civil penalties for delinquencies. The lien obtained by the municipality pursuant to proper notification and filing shall include not only the costs provided for in subsection (a) of this section, but shall include all attorney fees and all costs of court incurred in the locating of the owner, the notification of the owner, and the enforcement and collection of the amount secured by the lien against the immovable and improvements.
The City shall also recover interest on the amounts secured by the lien. The interest shall not exceed the rate of legal interest provided in R.S. 9:3500 and shall be computed from the date of recordation of the lien until paid. The privilege and lien of the City shall prime all other liens or privileges against the property filed after the notice and rule to show cause is filed with the recorder of mortgages, regardless of the date on which the lien and privilege is perfected, except that it will not prime other tax liens against the property.
In addition to the lien and enforcement procedures authorized under this Section, the City has a cause of action against the owner personally for the costs incurred by the City, if such owner is not indigent and has the ability to pay a judgment obtained by the City. Such action may be brought by ordinary proceeding in any court of competent jurisdiction.
Sec. 6-168. – Criminal penalties.
No unoccupied building or structure located within the municipal limits of the city shall be maintained in a dilapidated and dangerous condition which endangers the public welfare.
For the purposes of this article, the term "dilapidated and dangerous condition which endangers the public welfare" shall mean, in addition to the ordinary meaning of the said term, any abandoned structure which is unfit for human occupancy, structurally unsound and unsafe, infested with rodents, and/or constitutes a fire hazard. Moreover, the term "owner", as used in this section, shall mean any person who has any ownership interest whatsoever in the subject property, irrespective of the percentage of that ownership interest.
No person shall be liable for the criminal penalties set forth in subsection (d) below, nor shall any action be adopted to initiate criminal charges in connection with this section until and unless any owner, lessee, tenant, or occupant of any property is provided notice of the offending condition in compliance with Section 6-162 (a)-(d). Furthermore, any notice shall advise the said party of the right to appear before the board of aldermen on a date and at a time specified in the said notice to refute or rebut any contention that the property is in a dilapidated and/or dangerous condition which endangers the public welfare. At the said meeting, the board of aldermen for the City shall decide whether the property should be declared by it to be in a dilapidated and/or dangerous condition which endangers the public welfare, setting forth the specific factual bases for that determination. Thereafter, formal criminal proceedings can be instituted in accordance with this section.
In addition to the civil penalties relative to the condemnation proceedings, as set forth in Sections6-161 through 6-167 herein, any person who violates this section shall be fined not less than $250.00, nor more than $500.00, and any such fine imposed shall not be subject to suspension. Moreover, the conviction of any person for a second or subsequent violation of this section occurring within 12 calendar months of a prior conviction therefor shall result in a fine not less than $400.00, nor more than $500.00, imprisonment for not more than 60 days, or both. Additionally, any such fine imposed shall not be subject to suspension.
For purposes of this section, the term "person" shall be interpreted to include any natural person and/or corporation, limited liability company, partnership, or similar juridical entity.
UPON MOTION of Glenn Michael Angelle seconded by Ernest Ledet, and upon verification and assurance that the foregoing ordinance was:
October 11, 2017______ _____October 11, 2017________
Upon motion of Glenn Michael Angelle, duly seconded by Gary Champagne and unanimously carried, the Board of Aldermen approved the opening and awarding bids on City Surplus Equipment.
1998 John Deere Backhoe 310E T0310EX842296
$900.00 minimum bid on 1998 John Deere Backhoe
Karl Douet $ 1,500.00
Doggett $ 5,000.00 award to
Lynn's $ 2,277.00
Dixie Surplus $ 1,678.00
2009 Kubota Tractor
$750.00 minimum bid on 2009 Kubota Tractor
Lynn's $1,077.00 award to
2004 Ford F250 30L14EC87909
$150.00 minimum bid on 2004 Ford F250 Crew Cab
Karl Douet $200.00 award to
2006 Chevrolet Pickup Crew Cab 1GCEC19216E221378
$200.00 minimum bid on 2006 Chevrolet Pickup Crew Cab
no bid
1999 Ford F250 Pickup 1FTSW30L9XCED71707
$150.00 minimum bid on 1999 Ford F250 Pickup
Upon motion of Gary Champagne, duly seconded by Ernest Ledet and unanimously carried, the Board of Aldermen Introduced Ordinance #2239 (An ordinance to amend Article II Chapter 4 of the Code of Ordinances for the City of Breaux Bridge, Louisiana, by the repeal of Sections 4-16 through 4-18 and Sections 4-31 through 4-41, and by the enactment and/or re-enactment of Sections 4-16 through 4-29, relative to the regulation of Parades and Footraces.)
Upon motion of Ernest Ledet, duly seconded by Glenn Michael Angelle and unanimously carried, the Board of Aldermen Introduced Ordinance #2240 (An ordinance to amend Chapter 15 of the Code of Ordinances by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 15-1, 15-2, 15-4, 15-9, and 15-18 regarding the regulation of public parks and recreational facilities.)
Upon motion of Glenn Michael Angelle, duly seconded by Ernest Ledet and unanimously carried, the Board of Aldermen removed to Introduce Ordinance #2241 from the agenda.
Upon motion of Glenn Michael Angelle, duly seconded by Brenda Castille Hobbs and unanimously carried, the Board of Aldermen adopted A Resolution Supporting the City of Breaux Bridge Grant Application to Cleco.
A RESOLUTION SUPPORTING THE
CITY OF BREAUX BRIDGE GRANT APPLICATION TO CLECO
WHEREAS, it is important to provide our youth with recreational opportunities during the summer break from school; and
WHEREAS, the City of Breaux Bridge is committed to meeting the recreational needs of our community's youth through its Youth Summer Recreation and Enrichment Program; and
WHEREAS, CLECO has provided the opportunity for grant funds to be applied for and used for this purpose.
NOW THEREFORE BE IT RESOLVED by the Board of Aldermen of the City of Breaux Bridge that it does hereby support a grant application to CLECO for funds to be used in support of its Youth Summer Recreation and Enrichment Program.
By motion of Alderman Glenn Michael Angelle, duly seconded by Alderman Brenda Hobbs, the above Resolution was adopted by the following vote on this 10th day of October 2017.
YEAS: Brenda Castille Hobbs, Ernest "E.J." Ledet, Howard Alexander, Glenn Michael Angelle,
and Gary Champagne
AND THIS RESOLUTION was declared adopted as of the 10th day of October 2017.
Signed: _____________________________________________
I, Pattie Dupuis, City Clerk of the City of Breaux Bridge, do hereby certify that the above is a true and exact copy of a resolution adopted by the City Council of the City of Breaux Bridge on October 10, 2017, at which time a quorum was present and voting.
PATTIE DUPUIS, CLERK
Upon motion of Gary Champagne, duly seconded by Ernest Ledet and unanimously carried, the meeting was adjourned.
___________________________ ________________________
Pattie B. Dupuis Ricky J. Calais

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