2016-0095
INTRODUCED BY: PAUL J. HOGAN, COUNCILMAN-AT-LARGE, DIV. B
ORDINANCE NO.
Title
An ordinance to amend the Code of Ordinances Appendix C. Section I.B, Definitions, and Section II.C. and Section II. D to remove conflicts between the definitions of different types of subdivision of land and their procedures.
Body
WHEREAS, the St. Charles Parish Subdivision Regulations of 1981 defines two types of subdivision of the land, "major" and "minor"; and,
WHEREAS, the Subdivision Regulations go on to describe three different procedures by which land can be resubdivided; and,
WHEREAS, as-written, the definitions do not align directly with the procedures; and,
WHEREAS, the St. Charles Parish Council wishes to resolve this conflict.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That the Code of Ordinances, Appendix C, Subdivision Regulations, Section I.B Definitions is amended to replace and re-order the definitions of "major subdivision," "minor subdivision," "resubdivision," and "subdivision," with words shown in strikethrough to be deleted and words shown in bold to be added as follows:
Major subdivision. Any resubdivision action resulting in more than five (5) lots (including the remainder of original tract), and/or any resubdivision containing a proposed street, and/or any resubdivision in which public improvements are required. (Ord. No. 06-1-23, § I, 1-23-06)
Minor Subdivision. Any resubdivision that results in the creation of no more than five (5) lots and does not require new or extending public improvements, and is not in conflict with any provision of the Zoning Ordinance, as amended or the Subdivision Ordinance, as amended.
Resubdivision. Any change to an approved or recorded subdivision plat that affects any lot line, street layout, or area reserved for public use; or that affects any survey, map, plan, deed, or property transferred and legally recorded prior to the adoption of the Subdivision Ordinance of 1981. (Ord. No. 06-1-23, § I, 1-23-06)
Subdivision. Any land, vacant or improved, which is divided into two (2) or more lots, parcels, sites, units, plots, tracts, or other division of land.
Resubdivision. Resubdivision is synonymous with "subdivision," and shall also include the consolidation of two or more lots, plats, tracts, parcels, or other divisions of land into one or more lots, plats, tracts, parcels, or other divisions of land.
Subdivision. The division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development. It includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or area subdivided.
Subdivision, Major. Any subdivision or resubdivision resulting in six (6) or more lots, including any remainder of the original lot, plat, tract, parcel, and/or any subdivision or resubdivision requiring dedication of public improvements.
Subdivision, Minor. A subdivision or resubdivision creating a net increase of five (5) or fewer lots and which does not require dedication of public improvements due to the necessary improvements being in place.
SECTION II. That the Code of Ordinances, Appendix C. II.C. Minor Resubdivisions. 1 is amended with words shown in strikethrough to be deleted and words shown in bold to be added as follows:
In instances where a net increase of five (5) or fewer lots is proposed by subdivision or resubdivision and no new or additional public improvements are required, no formal preliminary plat shall be required. However, the presented The plan of resubdivision shall conform to comply with requirements outlined in section II.C.3 of this section, and shall have spaces provided for the signature of the Council Chairman and the Parish President. Approval requires a recommendation to the Council by the Planning and Zoning Commission, an ordinance by the Council, and certification by the Parish President. The proposal shall be in compliance with all relevant land use regulations, including the St. Charles Parish Zoning Ordinance and Subdivision Regulations, as amended. The Planning and Zoning Commission may approve or deny the application. The basis for denial shall be stated at the meeting and on the record of the Planning and Zoning Commission. (Ord. No. 14-8-3, § I, 8-4-14)
SECTION III. That the Code of Ordinances, Appendix C. II. C. Minor Resubdivisions. 2. is removed.
SECTION IV. That the Code of Ordinances, Appendix C. II. D. Major Resubdivisions is amended with words shown in strikethrough to be deleted and words shown in bold to be added as follows:
D. Major Resubdivisions. If any public improvements are required for resubdivision into more than five (5) lots, For any subdivision or resubdivision resulting in six (6) or more lots, including any remainder of the original lot, plat, tract, parcel, and/or any subdivision or resubdivision requiring dedication of public improvements, approval shall consist of Preliminary Plat Approval and Construction Approval by the Planning and Zoning Commission, and Final Approval by the Parish Council.
SECTION V. That the Code of Ordinances, Appendix C. II. D. Major Resubdivisions item 1 is deleted (shown in strikethrough below for clarity):
1. In instances where a net increase of more than five (5) lots is proposed, and /or the required public improvements are deemed by the Planning Director to be insignificant, and where no new public streets are to be dedicated, approval shall require certification by the Planning and Zoning Commission, public improvements installed to completion, determination and mitigation of impacts to drainage, sewer, and recreation, ordinance by the Council, and certification by the Parish President.
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted this day of , 2016, to become effective five (5) days after publication in the Official Journal.
CHAIRMAN:_________________________________________
SECRETARY:________________________________________
DLVD/PARISH PRESIDENT:____________________________
APPROVED:______________ DISAPPROVED:_____________
PARISH PRESIDENT:_________________________________
RETD/SECRETARY:__________________________________
AT:_______________ RECD BY: _______________________