?CITY OF DEQUINCY
ORDINANCE NO. 955
The City Council of the City of DeQuincy, State of Louisiana, met in regular session on the 11th day of September 2023, to repeal and replace Ordinance as an addition to the Code of Ordinances.
WHEREAS, the City of DeQuincy desires to update and modernize its Code of Ordinances regarding the regulation of Subdivision.
THEREFORE, BE IT ORDAINED by the City Council that Chapter 19 Subdivision is hereby repealed and replaced to read as follows:
Sec. 19-1. Authority and purpose
(a) In accordance with the provisions of Act 300 of the Laws of the State for the Year 1946, and particularly Section 12 thereof (R.S. 33:112), and in order to promote the health, safety, convenience, morals, and general welfare of the community, to provide for the proper arrangement and width of streets in relation to other existing or planned streets and to the master plan, and to provide for adequate and convenient open spaces for traffic, vehicular parking, utilities, access of fire-fighting apparatus, recreation, light and air for the avoidance of congestion of population, the following regulations are adopted by the city council.
(b) The city’s department of public works and or City Engineer shall be authorized to develop standard construction details and material specifications establishing minimal standards applying to construction of subdivisions. These standards shall be periodically reviewed and updated by the department of public works and or City Engineer and adopted by the city council.
(c) These regulations are intended to supplement other regulations applicable to the construction of subdivisions and therefore are not all inclusive. The developer must adhere to all other applicable regulatory requirements. These requirements include, but are not limited to, those affecting the public health, safety and welfare and the protection of the environment.
Sec. 19-2. Applicability.
(a) Subject to the exceptions hereinafter provided, 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 shall constitute a subdivision of land and require, prior to any sale or contract of sale or agreement to purchase and before the delivery of a deed, the submission of a plat to the council as required by law.
(b) The applicable provisions of this chapter shall apply to any “regulated development” as defined in the city’s zoning ordinance.
(c) These regulations shall not apply to:
(1) Land in subdivisions previously legally recorded, except in the case of resubdivision;
(2) Subdivisions in which a building exists on each proposed lot, provided that the owner certifies on the plat that all such existing buildings were constructed prior to December, 1983, and provided that such plat is submitted to the council for signature by the secretary prior to filing with the clerk of court;
(3) The subdivision of land to be used for orchards, forestry, or the raising of crops, provided that the owner certifies upon the plat that such land is to be used only for orchards, forestry, or the raising of crops;
(4) Small parcels of land sold to or exchanged between adjoining property owners, where the sale or exchange does not create additional lots provided that the secretary of the council certifies upon the plat that the sale or exchange does not create additional lots;
(5) Partition of land between or among co-owners unless such partition results in the division into two (2) or more lots, any of which is less than three (3) acres in area.
Sec. 19-3. Approval of town engineer required.
The commission council shall decline to accept any plats, dedication of streets, alleys, public ways or other public places contained within a new subdivision, created or sought to be created within the town until the written approval of such subdivision has been given by the town engineer, which approval shall be made known to the commission council in a regular or special session duly convened after legal notice to all members of the commission council. The town engineer shall give his approval to such newly created subdivision within the town if all of the provisions and regulations contained in this chapter are complied with by the owner or owners, or promoters, of said subdivision. The town engineer shall be allowed reasonable time to inspect and examine the proposed subdivision prior to the meeting of the commission council at which the information of the said subdivision shall be presented.
Sec. 19-4. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alley shall mean a dedicated right-of-way not less than twenty (20) feet in width to provide access to the back or side of properties whose principal frontage is on a street.
Applicant shall mean the owner, or authorized representative of the owner, of any land proposed to be subdivided or developed subject to the provisions of these regulations.
Arterial streets shall be those streets intended to move traffic from one (1) urban area to another, typically with trips in excess of one (1) mile. Arterial streets may be specifically identified in the city’s zoning ordinance. Direct access to adjacent properties may be limited.
City standards refers to subdivision standards for urban areas in incorporated city limits which are served by or capable of being served by present central sewerage systems and present central water supply systems.
City shall be understood to mean DeQuincy, Louisiana.
Collector streets shall be those streets intended to move traffic from local streets to arterial streets or highways. These streets are intended to carry traffic from one (1) urban area to another as well as provide access to adjacent land. Collector streets may be specifically identified in the city’s zoning ordinance.
Developer shall be understood to be the applicant.
Development shall mean the use of land including change or enlargement of any use or disturbance of any land and the performance of any building or mining operation.
Duplex shall mean two (2) single-family residential dwelling units attached to form one (1) single unit. The unit shares a common wall.
Expressway shall mean a street shown on a major street plan adopted by the council, or any revision thereof, which street has an existing or proposed right-of-way width of one hundred twenty (120) feet or more.
Local streets shall be those streets intended to provide access to other streets from individual properties and to provide right-of-way for public utilities and drainage facilities. Local streets may be specifically identified in the city’s zoning ordinance.
Lot shall mean a portion of a subdivision or other parcel of land, intended as a single building site or unit for transfer of ownership or for development, including the development of one (1) ownership with two (2) or more buildings for separate occupancy.
Major street shall mean a street which serves or is intended to serve as a major traffic way and is shown on a major street plan and adopted by the commission or a revision thereof.
Major subdivision shall mean:
(1) The division of a lot, tract, or parcel of land into more than five (5) lots, plots, sites, or other division of land for the purpose of immediate or future development or any subdivision which does not meet the definition of a minor subdivision;
(2) The dedication of a public road, highway, street, alley, or servitude through a tract of land regardless of area;
Minor subdivision shall mean the division of a lot, tract, or parcel of land into five (5) or less lots, plots, sites or other division of land for the purpose of immediate or future development where the development does not require the construction of any public or private infrastructure, and in which all lots conform with the city’s zoning ordinance.
Neighborhood unit development shall mean a self-contained subdivision or a group of subdivisions designed to accommodate four hundred (400) or more families and requiring a separate elementary school.
Parkway shall mean a route intended to be used primarily by passenger vehicles which may have a varying width of right-of-way and which right-of-way is, or is intended to be developed with a park-like character.
Paved shall be understood as being a wearing course for a street, alley, walkway, bike path, or other transportation route constructed of asphaltic concrete pavement or portland cement concrete pavement, to applicable city construction standards.
Right-of-way shall mean a strip of ground dedicated by the subdivider for public use, title to which shall rest in the public for the purposes stated in the dedication.
Regulated development shall mean a proposed development, other than a subdivision as defined in this chapter, which the zoning ordinance requires to comply with the standards and requirements of this chapter.
Rural area shall mean the areas within the city limits between the thickly urbanized central areas and the city limit boundaries; commonly referred to as suburban areas.
Servitude or easement shall mean a strip dedicated by the subdivider for public utilities, drainage and other public purposes, the title to which shall be in the public.
Street shall mean a right-of-way dedicated to public use which provides principal vehicular and pedestrian access to adjacent properties.
Subdivider shall be understood to be the applicant.
Townhouse shall mean two (2) or more attached living units attached to form a single unit. Units share common walls.
Triplex shall mean three (3) single-family residential dwelling units attached to form one (1) single unit. The unit shares a common wall.
Utility space allocation shall refer to a diagram indicating physical locations inside a public right-of-way or easement for the installation of various public utilities.
Sec. 19-5. Standards for lot development.
(a) Lot dimensions shall:
(1) Comply with the minimum requirements of the zoning ordinance;
(2) Be sufficient to allow for yard or setback requirements on any and all sides;
(3) Provide for off-street parking and loading for the intended use of the lot as required by the zoning ordinance.
(b) Reserved.
(c) All side lines of lots shall be at right angles to straight street lines, or radial to curved street lines, unless a variation to this rule will give a better street and lot plan.
(d) Corner lots shall have extra width to permit the establishment of front building setback lines, on both the front and the side of the lots adjoining the streets, irrespective of whether the rear lot lines of the corner lots abut lots fronting on the side streets. This extra width shall allow for the established setback in a neighborhood or zoning regulations setbacks, whichever is more restrictive.
(e) Lots on major street intersections and at all acute angle intersections which, in the opinion of the council, are likely to be dangerous to the traffic movement shall have a radius of twenty (20) feet at the street corner, where grade separate structures are proposed at the intersection of major streets, the lots and improvements in the subdivision shall be arranged so as to make adequate provision for the structures.
(f) Double or reversed frontage lots are to be avoided. Their use is restricted to providing separation of residential development from arterial streets or to overcome other specific disadvantages of lot orientation.
(g) Lot arrangement shall allow for driveway access to streets in conformity with applicable regulations.
(h) Residential lots shall not generally derive access from an arterial street. Where such access is necessary for commercial, industrial or multi-family residential uses, the number of access points shall be minimized to limit traffic hazards. Driveways providing access from arterial streets shall be arranged to avoid the need for vehicles to back into the street to exit.
(i) Grading of lots shall be sufficient to:
(1) Provide drainage away from all adjacent structures
(2) Avoid concentration of storm water on any lot
(3) Provide for access of surface water runoff to a drainage outfall without the reliance on surface drainage across adjacent lots without the provision of dedicated drainage easements
(j) No construction debris or other waste material shall be buried on site or left deposited on any lot or other surfaces of the development.
(k) Fences shall be installed by the developer to provide protection from adjacent hazardous locations, if determined to be present.
(l) The development’s deed restrictions or covenants shall prevent the diversion of surface water runoff from the manner indicated in the approved plan.
Sec. 19-6. Blocks.
(a) No blocks shall be longer than one thousand five hundred (1,500) feet between street lines. For blocks over seven hundred fifty (750) feet in length the city council may require a paved crosswalk near the center of the block with a minimum right-of-way width of ten (10) feet where the nearest portion of the block is within one thousand five hundred (1,500) feet of the existing school, or playgrounds.
(b) Where it is desired to subdivide a tract of land which because of its size or location does not permit an alignment directly related to a normal street arrangement there may be established one (1) or more places. Such a place may be in the form of a court, a street with a cul-de-sac or other arrangement; provided, however, that proper access shall be given to all lots from a dedicated street or court. A turning circle shall be required at the end of dead-end streets which provide access to subdivided lots. Dead-end streets which are intended as a permanent feature shall not exceed six hundred (600) feet from the intersection to the center of the turning circle. Temporary dead-end streets (those proposed to connect with future streets indicated on approved plats but not yet constructed) shall not exceed one thousand two hundred (1,200) feet from the intersection to the end of the street. The end of the street and the subdivision boundary or platted phase boundary shall be identical points.
Sec. 19-7. Street and alley rights-of-way.
(a) Major street and major parish road rights-of-way shall conform to the widths designated on the major street plan as adopted by the council and on all subsequent amendments and additions thereto.
(b) Minimum rights-of-way are as follows:
(1) Alleys: Twenty (20) feet
(2) Local streets: Fifty (50) feet
(3) Collector streets: Sixty (60) feet
(4) Arterial streets: Seventy-five (75) feet
(c) Turning circles at the end of dead-end streets shall be open, paved spaces, preferable circular, equivalent to a circle having a right-of-way radius of sixty-eight (68) feet, with a minimum inside turning radius of thirty-five (35) feet.
(d) Alleys shall be provided at the rear of all commercial and industrial lots, except that the council may waive this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading, and parking consistent with and adequate for the uses proposed.
(e) Alleys at the rear of residential lots are not recommended except under unusual conditions.
(f) Alley intersections and sharp changes in alignment shall be avoided but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement (minimum five (5) feet).
(g) Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turnaround facilities at the dead end, as determined by the council.
Sec. 19-8. Off-street parking and loading spaces.
Off-street parking and loading space shall be indicated on the plat for every lot or group of lots proposed or developed for business or commercial usage to provide a minimum of parking space for each lot and otherwise as called for in the land use ordinance. Off-street parking and loading space shall be provided outside of street rights-of-way on private property and shall be reserved by private subdivision restrictions shown on the plat.
Sec. 19-9. Servitudes or easements.
Where alleys are not provided, a servitude or easement shall be provided as directed by the council according to the utility company needs in a particular area.
Sec. 19-10. Location of utilities.
All utility poles for electric power, telephone and other purposes and pipelines for water and gas shall be located in the servitude, with adequate additional servitudes for the location of guy wires and braces, unless it is certified by the utility companies concerned that the location is impractical, or unless this placement is not feasible in the opinion of the council.
A utility space allocation drawing shall be submitted for city approval. The drawing shall indicate the proposed relative location of all utilities within or adjacent to the street or alley right-of-way. Drawing shall indicate both a sectional and plan view of the utilities and adjacent improvements (streets, walks, etc.). Developer shall confer with and accommodate the city as to the preferred location for the utilities to be dedicated to the city for operation and maintenance. All utilities to be accepted by the city for operation and maintenance must be directly adjacent to and accessible from a dedicated, paved, public street or alley.
Sec. 19-11. Location of new streets in relation to existing and proposed streets.
The arrangement of streets in new subdivisions shall make provision for the continuation of the principal existing streets in adjoining areas (or their proper projection where adjoining land is not subdivided) insofar as they may be deemed necessary by the council for public requirement. The street and alley arrangement must also be such as to cause no hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it. In general, provisions should be made for through streets at intervals of approximately one-half (?) mile or less and offset traffic streets at intervals of approximately one-half (?) mile or less and offset traffic streets avoided. In cases where the subdivision includes or adjoins an existing major and secondary street of width less than the minimum widths established herein, the council may require the dedication of additional right-of-way width.
Where a development is adjacent to an existing arterial route, direct access to residential lots within the subdivision and adjacent to the arterial route should not rely on the arterial route. A parallel local or collector street or alley should be provided within the development for access to those lots.
Deed restrictions or covenants shall be included to provide measures preventing driveways or other access routes from connecting to arterial streets.
Street intersections shall conform with the following:
(1) Angles of intersection shall approximate ninety (90) degrees. New streets shall not intersect at an angle of less than seventy-five (75) degrees.
(2) Wherever practicable, proposed new intersections along an existing street shall coincide with any existing intersection (street, alley or major commercial/industrial driveway) on the opposite side of the existing street. Centerline offsets of new streets shall not be less than one hundred fifty (150) feet, except when the opposite approach is separated by a continuous raised median on the intersected street.
(3) A street or alley intersection shall not be within one hundred fifty (150) feet of an at-grade intersection with a railroad.
Sec. 19-12. Street names.
Two (2) suitable street name signs as provided by the city council shall be placed at all street intersections, at locations to be designated by the engineering department. The proposed street names shall be checked against duplication of street names and approved by the council, with final approval by the city council.
Sec. 19-13. Character of development.
The subdivider shall confer with the council regarding the type and character of development that will be permitted in the subdivision and may agree with the council as to certain minimum restrictions to be placed upon the property to prevent the construction of substandard buildings, and to control the type of structures, or the use of the lots which, unless so controlled, would clearly depreciate the character and value of the proposed subdivision and of adjoining property. Deed restrictions or covenants shall be included to provide for the proper protection and maintenance of the development in the future; provided, however, that the deed restrictions or covenants shall not contain reversionary clauses wherein any lot shall return to the subdivider because of a violation thereon of the terms of the restrictions or covenants. A copy of the restrictions shall accompany the plat for final approval.
Sec. 19-14. Parks, playgrounds, school sites, etc.
In subdividing property, consideration shall be given by the developer to the dedication or reservation of suitable sites for schools, parks, playgrounds, and other areas for public use so as to conform to the recommendations of the council in its adopted master plan for the city. Areas to be dedicated or reserved for schools, parks, and playgrounds should be indicated on the preliminary plan in order that it may be determined when and in what manner such areas will be dedicated to or acquired by the appropriate taxing agency. In general, whenever the proposed subdivision contains twenty (20) acres or includes more than one hundred (100) lots, consideration shall be given to the reservation of dedication of a suitable area for school and recreation purposes.
Sec. 19-15. Street and sidewalk improvement standards.
Final authority and approval of all street improvement standards and specifications shall belong to the city engineer based on the following generally accepted criteria set forth here to facilitate preliminary subdivision design.
All streets, alleys and sidewalks shall be paved. Wearing course shall be asphaltic concrete pavement or portland cement concrete pavement. Structural pavement sections shall be based on a geotechnical investigation of subsurface conditions and an engineering report recommendation. Pavement design shall be based on a twenty-year functional life. Pavement sections identified below are minimum requirements and do not address construction traffic during development nor site specific subsurface or traffic conditions. All sections shall be curb and gutter (portland cement concrete) with subsurface drainage.
(1) All local streets shall be a minimum of twenty-five (25) feet in width, measured from back of curb to back of curb. Minimum structural section shall not be less than two (2) inches of asphaltic concrete pavement wearing course supported on six (6) inches of base course and prepared subgrade or six (6) inches of portland cement concrete pavement wearing course supported on a prepared subgrade.
(2) All collector streets shall be a minimum of twenty-six (26) feet in width, measured from back of curb to back of curb. Minimum structural section shall not be less than two (2) inches of asphaltic concrete pavement wearing course supported on eight (8) inches of base course and prepared subgrade or six (6) inches of portland cement concrete pavement wearing course supported on eight (8) inches of a prepared subgrade.
(3) All alleys shall be a minimum of fourteen (14) feet in width, measured from back of curb to back of curb. Minimum structural section shall not be less than one and one-half (1?) inches of asphaltic concrete pavement wearing course supported on six (6) inches of base course and prepared subgrade or six (6) inches of portland cement concrete pavement wearing course supported on a prepared subgrade.
(4) Commercial and industrial subdivision. In those subdivisions, portions of subdivisions or groups of lots where no lots will be sold or used for residential purposes, and all such lots are declared by appropriate instrument to be used for commercial or industrial purposes only, as spelled out in the zoning regulations, all streets shall be a width of twenty-eight (28) feet, measured from back of curb to back of curb. Minimum structural section shall be constructed with an eight-inch portland cement concrete pavement supported on a six-inch base course and prepared subgrade, unless it is determined by the city engineer and planning commission, based on the developer’s engineering report, that the nature of the anticipated traffic load and of the subsurface conditions warrants a variance from this standard.
(5) Reserved.
(6) Boulevard-type streets. Where the street is of the boulevard type, that is, two (2) lanes of traffic separated by a neutral ground, the paving on each traffic lane shall be not less than eighteen (18) feet in width, measured from back of curb to back of curb.
(7) Authority of commission to require higher street standards. Where an existing or proposed major street is located in or adjacent to the suburban area, the council reserves the right to require higher street standards and specifications so as to have the street of such construction as will adequately carry the traffic which can reasonably be anticipated to use such existing or proposed major street. The subdivider shall dedicate the area as is required by the council for the proposed major street, however, should the construction requirements be higher than those set forth herein, the addition cost of such construction shall be borne by the city, if immediate construction to major street standards is required. Profiles of all streets and ditches shall be submitted with construction plans.
(8) Sidewalks. Sidewalks may be required along officially designated major streets and along all other streets where deemed essential for the public safety by the council. Such sidewalks shall be constructed in accordance with the standards and specifications of the city street department. Sidewalks shall be a minimum width of four (4) feet.
(9) Minimum specifications shall include the following:
a. Minimum horizontal curvature shall be:
1. Fifty (50) feet for local streets. (Eighty (80) feet preferred as typical minimums)
2. One hundred (100) feet for collector streets. (Three hundred twenty-five (325) feet preferred as typical minimums)
3. The latest design standard for urban arterial streets as published by the Louisiana Department of Transportation and Development for Arterial Streets.
4. Forty (40) feet for alleys.
b. Minimum profile grades shall be:
1. 0.35% for local streets.
2. 0.4% for collector streets.
3. 0.4% for arterial streets.
4. 0.3% for alleys.
c. Minimum curb radii at intersections shall be:
1. Twenty (20) feet for local streets.
2. Thirty (30) feet for collector streets.
3. As required for turning movement for high truck volume intersections.
(10) A lighting plan shall be submitted by the developer indicating the layout for street illumination fixtures.
Sec. 19-16. Sewerage and water supply.
The installation of all sewer connections, subdivision sewer systems, sewage disposal systems and devices shall be constructed under the supervision of and approved by the city sewerage department, and the connections, systems and devices shall meet the requirements of the state health and human resources administration.
Sec. 19-17. Sanitary sewer—accessible.
(a) When a subdivision is located in an existing sewer district where a public sewer is accessible, the subdivider shall connect with such sanitary sewer and provide adequate sewer lines to the property line of each lot.
(b) When a subdivision is partially located within the existing city limits where a public sanitary sewer is accessible, the regulations of subsection (a) shall govern.
Sec. 19-18. Sanitary sewer—not accessible.
Where no public sanitary sewers are accessible the developer shall construct the necessary transport system to connect to the nearest public sanitary sewerage system. Said system may include pump station(s) and pressure mains or gravity transport mains. Should the public system be any other than the City of DeQuincy’s system, the developer shall present to the city signed agreements indicating the public system will accept the connection and transport the wastewater to a permitted treatment facility.
Sec. 19-19. Wastewater collection and transport systems.
Wastewater collection, transport, pumping and treatment systems shall conform to all specifications and requirements of the City of DeQuincy. All wastewater plans must be reviewed and approved by the office of public health (OPH). Minimum standards, in addition to those required by the OPH include:
(1) Minimum service line for single residential connection is six (6) inches in diameter.
(2) No dual or common service shall be allowed.
(3) Minimum service line serving commercial or industrial users is six (6) inches in diameter.
(4) At least forty-two (42) inches of cover shall be provided over sanitary sewerage collection mains.
(5) There shall be no physical connection between a potable water system and the sewerage system. Parallel water and sewerage mains shall be separated horizontally by at least ten (10) feet.
(6) Water mains shall cross over sewerage mains by at least two (2) feet or the sewer main shall be constructed of ductile iron pipe encased in concrete for twenty (20) feet, centered on the crossing.
(7) All gravity mains and pressure mains shall be tested for leakage and be within specified tolerances. All flexible pipe gravity mains shall be tested for roundness (deflection) and found to be within specified tolerances (Five (5) percent unless specified otherwise in city standards). All manholes shall be inspected for water tightness and be within specified tolerances. All pump stations shall be given an operational start up inspection in the presence of the city.
(8) All service lines shall terminate in a clean out assembly and be marked with an above ground utility marker and a below grade magnetic marker.
Sec. 19-20. Water supply.
The water supply system shall be constructed under the supervision of the health unit and shall comply with the requirements of the state health and human resources administration and fire protection authorities.
All subdivisions shall be provided with a water distribution system serving every lot. Every proposed building site shall be within five hundred (500) feet of a fire hydrant. Minimum water main size shall be sufficient to provide a minimum of twenty (20) psi residual pressure during design fire flow events. Minimum sizes shall not be less than the following:
(1) No main shall be less than six (6) inches in diameter
(2) No dead end main longer than five hundred (500) feet shall be less than eight (8) inches in diameter.
(3) No dead end main serving more than one (1) hydrant shall be less than eight (8) inches in diameter.
(4) No looped main over one thousand five hundred (1,500) feet in length serving two (2) hydrants or more shall be less than eight (8) inches in diameter.
(5) No looped main over one thousand (1,000) feet in length serving three (3) hydrants or more shall be less than eight (8) inches in diameter.
(6) No looped main serving four (4) hydrants or more shall be less than eight (8) inches in diameter.
Sec. 19-21. Drainage.
(a) Master plan. The developer shall plan all drainage for his subdivision in accordance with the area plan for drainage and in accordance with the drainage district area plan.
(b) Changing or altering existing drainage channels. No person shall deepen, widen, fill, reroute or change the location of any existing ditch, stream, drain, or drainage canal without first obtaining written permission from the city engineering department. Plans for the deepening, widening, filling, rerouting or changing the location of any existing ditch, stream, drain or drainage canal shall comply with the area drainage plan and shall be constructed under the supervision of and be approved by the city engineer. Adequate servitudes or rights-of-way must be dedicated for the construction and maintenance of any channels which may be relocated.
(c) Servitudes for existing drainage channels. 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 as determined by the city council or governing drainage district.
(d) Stormwater. Adequate provision shall be made for the disposal of stormwater subject to the approval of city engineer or governing drainage district.
(e) Contour map and drainage of adjacent areas. A contour map shall be prepared for the area comprising the subdivision and such additional area as may be required or necessary to include all watersheds which drain into the property to be developed, provided that this map of the adjacent area may be prepared from U.S.G.S. datum and data. In the design of the drainage for the subdivision, provision must be made to adequately take care of adjacent watershed areas which drain across or through the development or receive storm waters from the development.
All drainage structures installed as part of the development must be sufficient for the drainage of the entire watershed, both that portion being developed and the areas outside of the development which drain across or through the development. As a minimum, areas outside of the development which drain across or through the development shall be accounted for in the development’s drainage design based on the land use in effect at the time of submittal of final plans on the development to the city. If preliminary or final development plans have been submitted to the city for the area outside of the development prior to preliminary or final plans being submitted to the city on the development, then areas outside of the development which drain across or through the development shall be accounted for in the development’s drainage design based on the land use indicated in the preliminary or final plans submitted to the city at a minimum. Adequate easements and construction servitudes shall be provided for future needs, however, the developer shall be required to construct necessary drainage structures of sufficient hydraulic capacity to cover drainage needs of the development and adjacent areas as previously defined.
(f) Offsite drainage. Drainage of storm water runoff from the development shall discharge into a publicly maintained drainage structure or feature. Developer shall obtain consent of the appropriate public entity for connection to its facility. The rate of storm water discharge from the development shall not exceed the capacity of the receiving structure. All drainage structures or features transporting storm water runoff from the development to a point of discharge, as previously defined, shall be located in a dedicated drainage right-of-way, easement or servitude.
(g) Rights-of-way. Wherever drainage ditches or canals or similar drainage areas exist or are provided within the subdivision plan, adequate rights-of-way shall be dedicated on either side of such drainage facilities for maintenance and construction purposes. The width of such dedicated rights-of-way shall be determined by the planning director and the city engineer, based upon established criteria after review of the drainage requirements of the subdivision and consultation with engineer designing the subdivision and drainage district officials.
(h) All subsurface drainage for local and collector streets shall be designed on the basis of a ten (10) year design frequency for the storm water runoff event as a minimum.
(i) Subsurface drainage for arterial streets and some collector streets (dependent upon ADT and intended primary usage) shall be designed on the basis of a ten-year design frequency for the storm water runoff event.
(j) Maximum length of pipe without an access structure is four hundred (400) feet.
(k) Minimum pipe size for road drainage is fifteen (15) inches in diameter.
(l) Curb inlet spacing shall be sufficient to limit lane flooding to:
(1) Two-thirds (?) of the width of the outside travel lane on local streets.
(2) One-half (?) of the width of the outside travel lane on collector and arterial streets.
(m) A design drainage map and drainage calculations shall be submitted with the drawings, indicating drainage areas included in the drainage design and other factors pertinent to the design.
(n)Prior to the commencement of any construction, site improvements, or landscape alterations for any development, the developer shall submit all drainage plans to Consolidated Gravity Drainage District No. 1 (West Calcasieu).
Sec. 19-22. Permanent markers.
(a) All subdivision boundary corners and the four (4) corners of all street intersections in subdivisions of previously unsubdivided tracts shall be marked with permanent monuments of concrete with a minimum dimension of four (4) square inches, extending a minimum of three (3) feet below the ground line, or steel pipe firmly imbedded in concrete which extends a minimum of three (3) feet below the ground line. Should conditions prohibit the placing of monuments on line, off-set marking will be permitted, provided however, that exact off-set courses and distances are shown on the subdivision plat.
(b) A permanent benchmark shall be accessibly placed, and its elevation shall be based on mean sea level datum as determined by the U.S. Geological Survey, and accurately noted on the subdivision plat.
Sec. 19-23. Procedures.
Procedure for major subdivisions.
(a) Conference with commission staff. The subdivider or his engineer is invited to review his proposed development with the staff of the council before proceeding with his plans for a subdivision.
(b)Preliminary plan. After a conference with the council staff, the subdivider shall submit four (4) black and white prints of the preliminary plans to the secretary of the council who will check the preliminary plan for compliance with the geometric standards and the preliminary plan requirements. When these requirements are fulfilled, the secretary will submit the preliminary plan to the council for approval of the subdivision. Upon approval by the council, the secretary will return to the subdivider an approved copy of the preliminary plan. If the subdivider fails to proceed with the steps required in subsections (c) through (e) below within six (6) months from the date of preliminary approval, the council reserves the right to cancel its preliminary approval. The preliminary approval of all incomplete subdivisions on file with the city at the time of adoption of these regulations shall be canceled six (6) months after adoption of these regulations unless application is made by the subdivider for renewal of the preliminary approval.
(c) Final plat and construction plans. The subdivider or his engineer shall confer with the city council and the health unit to determine the standards and specifications which will govern proposed improvements. After preliminary approval of the geometric layout has been granted by the council, the developer shall submit complete construction plans for the entire development of the area given preliminary approval together with a complete and accurate contour map using mean sea level datum, to the city engineer for their review and approval. The construction plans shall include the complete design of the sanitary sewer system, storm drainage system, and the street system for the entire area to be subdivided. It shall be recognized as a principle that the sanitary sewer and storm drainage facilities cannot be properly designed on a piecemeal basis and that the entire area should be studied and worked out as a unit giving due consideration to the problems which may be created by the subdivision of adjacent lands, especially as pertains to drainage. The subdivider shall do no construction work until his completed construction plans have been approved by the city engineering department, and a reasonable time must be allotted for the proper study of the plans submitted. After the construction plans have been approved, the subdivider and his engineer shall proceed with the preparation of the final plat. The subdivider shall not sell any lots in the subdivision until the final plat has been approved.
(d) Distribution of final plat and construction plan. When the final plat and construction plans are complete, the subdivider shall distribute black and white prints as follows:
(1) Two (2) copies of the final plat and one (1) copy of construction plans to the secretary of the council;
(2) Two (2) copies of the final plat, one (1) set of linen or reproducible tracings of construction plans and two (2) copies of construction plans to the city engineer;
(3) One (1) copy of the final plat and two (2) copies of sewer construction plans to the health unit.
(e) Approval of construction plans. After construction plans have been approved by the city engineer and sewer construction plans have been approved by the department of public health and the health unit, the secretary of the council shall be notified of the approval in writing.
(f) Construction of improvements. After approved construction plans have been filed with the secretary of the council, the subdivider may construct the required improvements. The city engineer shall be notified in advance of the date that the construction shall begin. Construction shall be performed under the supervision of the city engineer and shall at all times be subject to inspection by that department. However, this in no way shall relieve the subdivider and his engineer of close field supervision and final compliance with approved plans and specifications. A field inspection shall be maintained continuously on the site during all phases of the construction of sanitary sewers, underground storm drains and street pavements. The city engineer may demand that any inspector who appears incompetent or otherwise unsatisfactory shall be replaced by a satisfactory inspector. No construction work shall be undertaken prior to notifying the city engineer of the date on which the work will be commenced. The city engineer shall not accept any construction work which is in such a condition that it will require immediate and excessive maintenance by the city.
(g) Acceptance of improvements. When construction is complete and in accordance with the approved plans and specifications and complies with the provisions of these regulations, the subdivider shall submit to the city the following for review prior to any consideration of acceptance of the improvements:
(1) Written certification from the professional of record that the constructed work, including, but not limited to, any roadways or utilities, conforms with city approved plans and specifications.
(2) All quality control test reports on infrastructure improvements including any utilities and roadways, and then obtain written final approval and acceptance from the city engineer and submit such written approval to the secretary of the council.
(3) As-built drawings of al infrastructure improvements in an electronic format.
(4) An executed agreement providing a warranty for the improvements that runs for two (2) years from the date of the city’s formal acceptance of the improvements, wherein the subdivider’s contractor and/or subdivider (as specified by the city engineer) guarantees that the improvements are free from defects and fit for their intended purpose.
(h) Approval of final plat. Upon completion and acceptance of improvements, the secretary of the council shall check the final plat for conformity with the preliminary plans and for compliance with section 19-26. He shall then submit the plat to the council for final approval, and will indicate the approval by his signature on the plat.
(i) Filing and distribution of final plat. The subdivider shall furnish the secretary of the council with one (1) full size black and white print and one (1) ledger size black and white print of the signed final plat, and the subdivider shall record a copy of the final plat at their expense in the office of the clerk and recorder for Calcasieu Parish within thirty (30) after final approval.
(j) Exceptions. The following exceptions to certain provisions of this section are permissible:
(1) Bond in lieu of immediate construction. In lieu of immediate construction of improvements as required in subsection (f), the subdivider may file with the council a surety bond securing to the city council the actual satisfactory construction of proposed improvements within a period of not more than two (2) years from the date of the bond. The amount of the bond shall be approved by the city engineer and the form of the bond shall be approved by the city attorney. The bond shall be subject to cancellation only upon written approval of the director of the department of public works.
(2) Subdivision or portion of a tract. The owner or developer of a tract shall prepare a preliminary plan for the entire tract and then may submit a final plat for only a portion of the tract. No construction shall be started until construction plans for the entire area covered by the final plat have been approved. Improvements must be installed for all of that area for which a final plat is submitted and the owner may sell, lease or offer for sale or lease only those lots in the improved portion of the property. In such cases of partial development of a subdivision, the street system, drainage system, trunk sewers and sewerage treatment plans shall be designed and built to serve the entire area or designed and built in such a manner as to be easily expanded or extended to serve the entire area.
(3) Subdivisions not involving improvements. After preliminary approval has been granted and it is determined by the council that no improvements are required, the subdivider may eliminate the steps required by subsections (c) through (g), except to prepare the final plat and submit two (2) black and white or blue lines to the secretary of the council.
(4) Subdivisions consisting of five (5) lots or less. For subdivisions consisting of five (5) lots or less, the final plat may be submitted in lieu of a separate preliminary plan.
Procedures for minor subdivisions.
(a) Final plat and construction plans. The subdivider shall follow the requirements set forth in section 19-25, Information required for minor subdivisions on final plat. The final plat shall be submitted to the director of public works for review. The subdivider shall not sell any lots in the subdivision until the final plat has been approved and recorded.
(b) Distribution of final plat and construction plan. When the final plat is complete the subdivider shall distribute two (2) copies of black and white prints to the secretary of the council.
(c) Approval of final plat. The director of public works shall check the final plat for conformity with city zoning ordinances. If approved in writing by the council person(s) for the city council district(s) where the property is situated, the public works director (or their designee) and the mayor shall have the authority to approve all minor subdivisions if the minor subdivision conforms with all City of Zoning Requirements and Ordinances.
(d) Filing and distribution of final plat. The subdivider shall furnish the secretary of the council with one (1) full size black and white print and three (3) ledger size black and white print of the signed final plat, and the subdivider shall record a copy of the final play at their expense in the office of the clerk and recorder for Calcasieu Parish within thirty (30) after final approval.
Sec. 19-24. Information required for major subdivisions on preliminary plat.
(a) The purpose of the preliminary plan is to provide the subdivider and the council with sufficient information to study the proposed development and to determine that the subdivision will meet the requirements of these regulations. The preliminary plan shall be drawn to a scale of one (1) inch equals one hundred (100) feet or less. If the subdivision contains more than one hundred sixty (160) acres, the preliminary plan may be drawn to a scale of one (1) inch equals two hundred (200) feet.
(b) The following specific information shall be required on the preliminary plan:
(1) Title. The title under which the proposed subdivision is to be recorded; the description of the property to be subdivided; the name of the owner or the subdivider; and the name of the engineer, surveyor or landscape architect, if any, who is platting the tract;
(2) Boundary lines and existing improvements. The present property, section and township lines; indication of incorporated areas, sewer districts, zoning districts, school district and other legally established districts, streets, buildings, water courses, drainage ditches, wooded areas, and other features within the area to be subdivided as well as similar facts regarding existing conditions on land immediately adjacent;
(3) Adjoining property. The names and boundaries of all adjoining subdivisions and the names and record owners of adjoining tracts of unsubdivided land;
(4) Features of proposed subdivision. The proposed location, approximate grade and gradient, width and names of streets and alleys; proposed location, width and other description of lots, building lines, servitudes and easements; and location and dimensions of existing buildings;
(5) Sewers, waterlines and drainage ditches. Existing drainage ditches, sanitary and storm sewers, water mains, culverts and other underground structures within the tract or immediately adjacent; statement of proposed plans for drainage and sewage disposal, including location of proposed culverts and bridges and a contour map where terrain might affect location of sewers and ditches;
(6) Public utilities. The location of all proposed public utilities including storm and sanitary sewers, water, gas and power lines;
(7) Streets. Statement of proposed street improvements, including contour map where terrain might affect location of street;
(8) Special use areas. Location and size of proposed parks, playgrounds, church or school sites or other special uses of land to be considered for dedication to public use;
(9) North point. Scale and date;
(10) Vicinity map. A key or vicinity map, showing the area to be subdivided in relation to the nearest major street or road.
Sec. 19-25. Final plat.
Information required for major subdivisions on final plat.
(a) The final plat shall be drawn in ink to a scale of one (1) inch equals one hundred (100) feet or less, from an accurate survey and on one (1) or more sheets whose maximum dimensions are eighteen (18) inches by twenty-four (24) inches. In certain instances where the subdivided area is of unusual size or shape, the council may permit the variation in the scale or size of the final plat. If more than two (2) sheets are required, an index sheet of the same dimensions shall be filed showing the entire subdivision on one (1) sheet.
(b) In addition to the information required in subsection (a) for the preliminary plan, the following specific information shall be required on the final plat:
(1) Linear and angular dimensions. All dimensions, both linear and angular, necessary for locating boundaries of subdivisions, lots, streets, alleys, servitudes, easements, building lines or any other areas for public or private use. Linear dimensions shall be expressed in feet and decimals of a foot;
(2) Curve data. Radii, arcs, chords, points of tangency, and central angles for all curvilinear streets; radii for all rounded corners;
(3) Permanent markers and bench marks. Location and description of all permanent markers; location, description and elevation of bench marks, based on mean sea level datum as determined by U.S.G.S. Where no recognized bench mark exists, a permanent bench mark shall be established on the property at mean sea level datum and shown on the plat;
(4) Identification of lots. All lot lines and identification system for all lots and blocks. All individual areas shall be designated by number or letter, and lots in new subdivisions shall be numbered consecutively. No tract or portion of land shall be indicated as “reserved”;
(5) Date and seal;
(6) Certification and seal by civil engineer or surveyor. Certification and seal by a civil engineer or surveyor licensed to practice either of these professions in the state. Such certification shall be to the effect that the plat represents an actual survey made by the civil engineer or surveyor, that it conforms to R.S. 33:5051 and that all the necessary survey monuments are correctly shown on the plat;
(7) Statement of dedication. Statement signed by the owner to the effect that the streets and rights-of-way are dedicated to the perpetual use of the public for proper purposes, and that all areas shown as servitudes are granted to the public for use of utilities, drainage, removal of septic tank effluent or sewage or other proper purposes for the general interest of the public. The statement shall provide no trees, shrubs or other plants may be planted, nor shall any building, fence, structure or improvements be constructed or installed within or over any servitude or right-of-way so as to prevent or unreasonably interfere with any purpose for which the servitude or right-of-way is granted;
(8) Statement regarding sewage disposal. Statement signed by the owner and subdivider to the effect that no person shall provide or install a method of sewage disposal, except connection to an approved sanitary sewer system, until the method of sewage treatment and disposal has been approved by the health unit;
(9) Restrictions. Private restrictions, restrictive covenants or trusteeships and their periods of existence to apply to lots in the subdivision shall be lettered on the plat and signed by the owner or his agent for recording in the office of the city clerk. Should the restrictions and trusteeships be of such length as to make the lettering of same on the plat impracticable and thus necessitate the preparation of a separate instrument, references to the instrument shall be made on the plat and the copies shall be furnished to the secretary of the council as he requests;
(10) Inundation. When the area subdivided lies at such low elevation that without additional drainage facilities not then available it will become inundated or overflowed by rain or stormwater, a statement shall be lettered on the subdivision plat, setting forth these facts, and portions that have been overflowed shall be indicated on the plat.
Information required for minor subdivisions on final plat. In addition to the information required in subsection (a) for the preliminary plan, the following specific information shall be required on the final plat:
(a) The final plat shall be drawn in ink to a scale of one (1) inch equals one hundred (100) feet or less, from an accurate survey and on one (1) or more sheets whose maximum dimensions are eighteen (18) inches by twenty-four (24) inches. In certain instances where the subdivided area is of unusual size or shape, the council may permit the variation in the scale or size of the final plat. If more than two (2) sheets are required, an index sheet of the same dimensions shall be filed showing the entire subdivision on one (1) sheet.
(1) Linear and angular dimensions. All dimensions, both linear and angular, necessary for locating boundaries of subdivisions, lots, streets, alleys, servitudes, easements, building lines or any other areas for public or private use. Linear dimensions shall be expressed in feet and decimals of a foot;
(2) Permanent markers and bench marks. Location and description of all permanent markers; location, description and elevation of bench marks, based on mean sea level datum as determined by U.S.G.S. Where no recognized bench mark exists, a permanent bench mark shall be established on the property at mean sea level datum and shown on the plat;
(3) Identification of lots. All lot lines and identification system for all lots and blocks. All individual areas shall be designated by number or letter, and lots in new subdivisions shall be numbered consecutively. No tract or portion of land shall be indicated as “reserved”;
(4) Date and seal;
(5) Certification and seal by civil engineer or surveyor. Certification and seal by a civil engineer or surveyor licensed to practice either of these professions in the state. Such certification shall be to the effect that the plat represents an actual survey made by the civil engineer or surveyor, that it conforms to R.S. 33:5051 and that all the necessary survey monuments are correctly shown on the plat;
(6) Restrictions. Private restrictions, restrictive covenants or trusteeships and their periods of existence to apply to lots in the subdivision shall be lettered on the plat and signed by the owner or his agent for recording in the office of the city clerk. Should the restrictions and trusteeships be of such length as to make the lettering of same on the plat impracticable and thus necessitate the preparation of a separate instrument, references to the instrument shall be made on the plat and the copies shall be furnished to the secretary of the council as he requests;
(7) Inundation. When the area subdivided lies at such low elevation that without additional drainage facilities not then available it will become inundated or overflowed by rain or stormwater, a statement shall be lettered on the subdivision plat, setting forth these facts, and portions that have been overflowed shall be indicated on the plat.
Sec. 19-26. Information required for construction plan.
All designs shall be made in accordance with design standards of the city engineer and copy of complete design data shall be submitted for permanent record. The basic requirements on plans for streets and drainage improvements are as follows:
(1) Contour map. Contour map of the area comprising the subdivision and sufficient additional area to include all water sheds which might be a factor in the design of the storm sewer system;
(2) Layout plan of storm sewer system or ditch drainage system. To include culvert locations;
(3) Layout plan of sanitary sewer system. If it is to be built;
(4) Plan profile. Plan and profile of all streets, including the following:
a. Profile along the center line and each property line;
b. Proposed curb grade;
c. Grade of storm sewers or ditch drainage system;
d. Grade of sanitary sewers;
e. Design details of street and sewer improvements.
Sec. 19-27. Variations and exceptions.
Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in these regulations would result in real difficulties and substantial hardships or injustices, the council may vary or modify the requirements, so that the subdivider is allowed to develop his property in a reasonable manner, but so that at the same time, the public welfare and interest of the city are protected and the general intent and spirit of these regulations are preserved.
Sec. 19-28. Penalties.
Whoever, being owner or agent of the owner of any land located in a subdivision, transfers or sells, or agrees to sell any land by reference to, or exhibition of, or by other use of a plat of a subdivision, before such plat has been approved by the council and recorded or filed in the office of the city clerk, shall forfeit and pay a penalty of one hundred dollars ($100.00) for each lot or parcel so transferred or sold or agreed or negotiated to be sold. The description of the lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from the penalties. Where decisions are left herein to the city engineer, any person dissatisfied with the decision may appeal therefrom to the council. The appeal shall be made by letter addressed to the council through its secretary, with sufficient copies to go to all members of the council. Upon receipt of such an appeal, the secretary shall notify the members of the council of the appeal on the agenda of the council for a hearing.
Sec. 19-29. Alternate penalty provision.
(a) It shall be unlawful for any person to violate or fail to comply with any provision of this chapter. In the alternative to any specific penalty provided therefor, the violation of, or failure to comply with, any provision of this chapter shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment for a term not to exceed six (6) months or by both such fine and imprisonment within the discretion of the court, together with court costs and expenses.
(b) Each day any violation of, or failure to comply with, any provision of this chapter continues, each such violation or failure to comply shall constitute a separate offense.
(c) The City of DeQuincy, through the office of property standards, shall have the right to enter upon any and all premises to ascertain whether the terms of this chapter are being complied with and any person denying or obstructing such entry shall be subject to the penalties provided herein.
(d) Nothing in this chapter shall affect any criminal remedy provided by law or any legal power to inflict penalties for contempt.
Be it further ordained that all Ordinances or parts of Ordinances in conflict with this Ordinance be and the same are hereby repealed.
Said Ordinance having been introduced on the 14th day of August, 2023, notice of Public Hearing having been published on the 6th day of September , 2023, said Public Hearing having been held on the 11th day of September, 2023 with the title having been read and Ordinance considered, on motion by Jim Smith_______, seconded by Cameron Smith____ to adopt the Ordinance. A record vote was taken, and the following result was had:
YEAS: 5
NAYS: 0
ABSENT: 0
ABSTAIN: 0
This Ordinance was declared duly adopted this 11th day of September, 2023.
/s/ Eddy Dahlquist
Chairman of the Council
I hereby certify that the foregoing Ordinance has been presented to the Mayor on this 11th day of September, 2023, at 5:30 p. m.
/s/ Sherri Breaux
Sherri Breaux,
Secretary of the Council
and City Clerk
I have reviewed the above and foregoing Ordinance on this 11th day of September, 2023, and do hereby Approve/Veto same.
s/ Riley Smith Riley Smith,
Mayor
I hereby certify that I have received from the Mayor at 5:30 p. m., on this 11th day of September, 2023, the foregoing Ordinance which has been Approved by the Mayor.
/s/ Sherri Breaux
Sherri Breaux,
Secretary of the Council
and City Clerk
Run: Sept. 27, 2023 (S-4)
