2007-0196
INTRODUCED BY: "RAM" RAMCHANDRAN, COUNCILMAN, DISTRICT III
ORDINANCE NO. ___________
Title
An ordinance of the Parish of St. Charles providing that the Code of Ordinances, Parish of St. Charles, be amended by revising Appendix A, Section XX., Flood damage prevention, A. 4. d. and e, to add verbage that follows Article 667 of the Civil Code of 1870 of the State of Louisiana, Limitations on use of property and to add A. 4. f. g. h. and i.
Body
WHEREAS, the purpose of this ordinance is to minimize the alterations of the natural ground profile to reduce the cumulative adverse impact resulting from the use of excessive fill in all flood zones of St. Charles Parish; and,
WHEREAS, a proprietor may do with his estate whatever he pleases, still he cannot do any work on it, which may deprive his neighbor the liberty of enjoying his own, or which may be the cause of damage to him; and,
WHEREAS, if work on his estate deprives his neighbor of enjoyment or causes damage to him, he is answerable for damages only upon a showing that he knew or, in the exercise of reasonable care, should have known that his work would cause damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care; and,
WHEREAS, FEMA base flood elevation, BFE requirements call for a height increase of 3 feet above surrounding elevation irrespective of area elevation above mean sea level, MSL. This will result in added run off to neighboring properties in developed areas of the parish; and,
WHEREAS, run off from neighbor's property to other home owners is governed by state statutes and parish administration usually recommend civil action by property owners in local courts when complaints are received. Enforcements of state regulations are beyond the regulatory authority of the local government. This results in civil law suites costing home owners considerable cost and delay.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That the Code of Ordinances, Appendix A, Section XX Flood damage prevention A. 4. is hereby amended by revising d. and e. and adding f., g., h., i., as follows:
revise:
d. the placement of fill, grading, dredging, and other development which may increase food damage on any parcel in St. Charles Parish shall be permitted only when a development plan has been submitted and approved by the Parish Engineer and Planning and Zoning. A building permit is required for the placement of fill, grading, dredging and other development in St. Charles Parish.
e. fill for any site improvements exceeding an average of twelve inches (12") above natural ground grade shall be retain in a fully enclosed retaining wall system so as not to allow spillage on the remainder of the site and infringe on neighboring property thus depriving the enjoyment of adjacent property. Backfilling for foundations shall taper from the foundation edge at a slope of (3) horizontal feet for every one (1) vertical foot. In any case, this fill material shall not extend out from any improvement or foundation more than three feet (3').
add:
f. All building permits shall detail the existing, pre-construction natural and man made drainage features located on the parcel in question. This application shall also detail all proposed drainage and site improvements.
g. Natural Drainage Channels shall not be altered, realigned, or encroached upon with fill material. Prevent and regulate the construction of flood barriers which will naturally divert floodwaters or which may increase flood hazards to other lands.
h. Residential Construction and building improvements at no time shall fill for any primary residence, apartment, pool house, swimming pool or other building improvement exceed an average of twelve inches (12") above natural ground grade.
i. Commercial Construction and building improvements at not time shall fill for any building improvement exceeds an average of twenty-four inches (24") above natural ground grade. Fill for any site improvement exceeding an average twelve inches (12") above natural ground grade shall be retained in a fully enclosed retaining wall system as not to allow spillage of fill material on the remainder of the site.
j. The aforementioned fill heights will be used as a guide to meet Base Flood Elevation, BFE to comply with FEMA regulations.
k. Any run off from the improvements will be channeled by a retaining wall or drainage pipe suitably designed to handle a 100 year rain event to common drainage system approved by the public works director.
Vote
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted this ______ day of ____________, 2007, to become effective five (5) days after publication in the Official Journal.
Amend Code-fill for flood control
CHAIRMAN: _________________________________
SECRETARY: ________________________________
DLVD/PARISH PRESIDENT: ____________________
APPROVED: ________ DISAPPROVED: __________
PARISH PRESIDENT: _________________________
RETD/SECRETARY: __________________________
AT: _______________ RECD BY: ________________