§ 17-5. Procedures

The planning commission (city and parish) will use the following procedures for the purpose of reviewing and approving the development of subdivisions within the area and as a step toward sound planning in the development of the City and Parish of Natchitoches.

(1) Informal consideration. it is recommended that, prior to the preparation of a subdivision plan, or at least while such plan is still in sketch form, the subdivider and his surveyor or engineer consult with the planning commission to ascertain what provisions are required by this section.

(2) The subdivider or his representative shall confer with the planning commission regarding the type and character of development that will be permitted in the subdivision and discuss with the planning commission the minimum restrictions to be placed upon the property to prevent the construction of substandard buildings, to control the type of structures, or the use of the lots which, 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 submitted to provide for the proper protection and maintenance of the development; provided, however, that such 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 such restrictions shall accompany the plat for final approval.

(3) The subdivider shall retain the services of an engineer licensed in the State of Louisiana, acceptable to the Parish and City of Natchitoches, to prepare all designs, plans and specifications and to represent the subdivider or developer in all negotiations pertaining to the technical aspects of the proposed development. However, in the case of subdividing a pre-existing lot, it shall be sufficient to retain the services of a licensed land surveyor rather than an engineer.

(4) The subdivider's or the developer's engineer or surveyor, where permitted, shall review the proposed development with the planning commission before proceeding with the plan for a subdivision. The purpose of this review is to consider the proposed land use, in particular, the subdivision of large, contiguous tracts of undeveloped land with respect to the master plan.

Preliminary Approval.

(a) All plans for the subdivision of land shall conform with the requirements of the laws of the State of Louisiana governing surveying, platting and subdivision of land, and to the subdivision regulations as contained herein and to all other applicable ordinances of the city and parish of Natchitoches and all amendments thereto.

(b) The purpose of the preliminary phase is to consider the subdivision from the point of view of layout and configuration of lots, streets, easements and geometric relationships with existing streets and easements which may join or cross the proposed subdivision. The preliminary plan shall show graphically all facts needed to enable the respective planning commission, the City or Parish of Natchitoches and other agencies including the school board and the city-parish health unit, to determine whether the proposed layout of the land under consideration is satisfactory from the standpoint of public interest and will meet the requirements of these regulations.

(c) Changes may be necessary in the preliminary plan before it can be tentatively approved. Approval of a preliminary plan is a tentative approval only and does not constitute the approval of a record plat. 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 and sixty (160) acres, the preliminary plan may be drawn to a scale of one inch equals two hundred (200) feet.

(1) Submission.

a. The subdivider or his agent shall submit to the planning commission secretary a written application on a form supplied by the planning commission, along with five (5) copies of the preliminary plan at least ten (10) calendar days prior to the regular monthly meeting of the commission. It shall be the responsibility of the subdivider to secure a letter from each of the utility companies—electric, gas, water, telephone, and sewage, as the case may be—stating that service is available and will be supplied to the development and that sufficient capacity exists to serve the proposed development. These letters shall be submitted with the application for preliminary approval.

b. A public hearing shall be called on the proposed submission prior to the commission meeting. Notification shall be sent by the staff by registered mail to the developer(s) and all adjacent property owners at least five (5) calendar days prior to the hearing. The notice shall advise the purpose, date, time and place of the hearing. The developer shall present the preliminary subdivision proposal at the public hearing. If future addenda to the subdivision are submitted, then an additional public hearing shall be called.

c. It shall be the responsibility of the developer or his agent to furnish the commission with the names and addresses of all adjacent property owners when submitting the preliminary plan.

d. The subdivider will be required to pay a filing fee of fifty dollars ($50.00) to cover the newspaper advertisement, cost associated with public hearing notices sent to adjacent property owners. Any additional cost incurred will be billed to the subdivider.

e. The staff of the planning commission shall review the comments of public and private utility companies along with the comments received at the public hearing and prepare its recommendations in writing prior to the next commission meeting. The review process will include the relation of the preliminary plat to these regulations, to the topography of the area, to the general requirements of the community, and will consider the best use of the land to be subdivided. Particular attention will be given to specific requirements for parks, playgrounds, playfields, school sites, major streets and collector streets, the adequacy of street connections and the suitability of land for development.

(2) Composition of the preliminary plan. The following items normally will be required to be shown on the preliminary plat:

a. Title. The title under which the proposed subdivision is to be recorded; the location of the property to be subdivided; the name of the owner or owners and/or the subdivider; and the name of the engineer or surveyor, if any, who is platting the tract.

b. Boundary lines and existing improvements. Boundaries of the subdivision location; width and names of streets adjoining the subdivision; section and township lines; indication of incorporated areas, sewer districts; all water courses, drainage ditches, wooded areas, and other features within the area to be subdivided, as well as the same facts regarding adjacent property.

c. Adjoining property. The names of all adjoining subdivisions and the names and record owners of adjoining tracts of unsubdivided land.

d. Features of proposed subdivision. The proposed location, names and width of streets; layout, and approximate dimensions of lots; any other necessary descriptions of lots, servitudes and easements; and location and dimensions of existing buildings, if any; and subdivider's front building lines with setbacks. The lots shall not encroach on major drainage servitudes or rights-of-way and all such servitudes or rights-of-way shall be excluded from lot area.

e. Sewers, water lines 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, bridges, and contours from USGS Quadrangle Maps or better, and first floor elevation requirements.

f. Public utilities. The location of all existing and proposed public utilities, including storm and sanitary sewers, water, gas, and power lines.

g. Streets. Statement of proposed street improvements.

h. Special use areas. Location and size of proposed parks, playgrounds, church or school sites or other special uses of land.

i. North point, scale and date.

j. Vicinity map. A key or vicinity map at 2,000′ scale for subdivisions of more than twenty (20) lots, or at 500′ scale for subdivisions or resubdivisions of less than twenty (20) lots, showing existing streets, roads, drainage channels and buildings within at least 1,000′ from the boundaries of the property being subdivided.

(3) Action. The planning commission will communicate in writing to the subdivider its tentative approval or disapproval, giving:

a. The specific changes which it will require in the preliminary plat; and,

b. The character and extent of the required improvements.

(4) Tentative approval. Tentative approval of the preliminary plat by the planning commission does not constitute acceptance of the plat of the proposed subdivision but is to be considered only as approval of the general design thereof. Upon receipt of preliminary approval, the subdivider may proceed with engineering plans for the construction of the subdivision.

(5) Effective period of preliminary approval. Tentative approval of the preliminary plat by the planning commission shall be effective for a maximum period of six (6) months, unless, upon application by the subdivider, the commission grants an extension. If engineering approval has not been applied for within this time limit, the preliminary plat shall again be submitted to the planning commission for approval.

(b) Engineering approval. The purpose of this phase is to review the construction plans of the proposed subdivision prior to construction. The subdivider's or the developer's engineer shall confer with the city parish public works director and/or engineer, the respective directors of utilities and the city-parish health unit to determine the standards and specifications which shall govern proposed improvements.

(1) Submission. After preliminary approval of the geometric layout has been granted by the planning commission, the project engineer shall submit four (4) complete sets of 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 along with an application form for engineering approval supplied by the planning commission to the secretary of the planning commission at least fifteen (15) calendar days prior to the regular monthly meeting of the commission. The secretary of the commission shall immediately distribute one (1) complete set of construction plans to each of the following: city-parish public works director and/or engineer, respective directors of utilities, and the city-parish health unit for their review and approval. These agencies/departments will evaluate the construction plans and submit their comments and recommendations in writing prior to the next commission meeting. Changes may be necessary in construction plans before they can be approved by the planning commission.

a. Utility servitudes. The developer's engineer shall submit also plats signed by the appropriate utility company, showing the location of the utility servitudes. The signature indicates the concurrence of the utility company with the location and width of the servitude.

b. The subdivider or developer shall not sell or lease any lots in the subdivision until the final plat has been approved. However, the subdivider/developer may petition the planning commission to vary from their regulation if a hardship can be demonstrated and if the following conditions are met and strictly adhered to: upon receipt of engineering approval, the developer may record the approved plat with the Natchitoches Parish clerk of court provided, however, a contract for the completion of the required improvements in the subdivision has been duly executed and recorded and has been secured by a one hundred-percent performance bond through a bonding company duly authorized to conduct bonding business in the State of Louisiana. This performance bond shall be made payable jointly to the respective planning commission and to the Natchitoches Parish police jury and the City of Natchitoches, as the case may be. This bond will guarantee completion of the required improvements as shown in the construction plans, which are the responsibility of the subdivider/developer. In the absence of a performance bond, no sale or lease is to take place until final approval for the subdivision has been granted by the planning commission.

(2) Composition of construction/engineering plans. The following will normally be required to be included in subdivision construction/engineering plans;

a. Complete design of the sanitary sewerage system;

b. The street system for the entire area to be subdivided;

c. The water distribution system; and

d. The storm drainage system.

Specifically, the basic requirements on plans for street and drainage improvements are as follows:

a. Contour map: Contour map of the area comprising the subdivision and sufficient additional area to include all watershed which might be a factor in the design of the storm sewer system.

b. Layout plan of storm sewer system and/or ditch draining system including culvert locations.

c. Layout plan of water and sanitary sewer system.

d. Plan-profile: Plan and profile of all streets, including the following:

1. Profile along the center line and each property line;

2. Proposed curb grade;

3. Grade of storm sewer and/or ditch drainage system.

4. Grade of sanitary sewers;

5. Design details of street and sewerage improvements.

It shall be recognized as a principle that the sanitary sewerage, water and storm drainage facilities cannot be properly designed on a piecemeal basis and that the entire area shall 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. Typical sections showing the reservation of spaces for all utilities shall be included in the construction plans.

(3) Action

a. After construction plans and specifications have been reviewed and approved by city/parish engineer or public works director and water and sewer construction plans have been approved by the department of public health and/or the health unit, the developer or subdivider shall be notified of such approval in writing by the planning commission.

b. The planning commission shall give or deny engineering approval based on the comments and recommendations made by the reviewing agencies. If approval is granted, construction of the development may begin. If approval is denied, the project engineer shall make the required revisions prior to resubmitting plans for engineering approval.

c. If more than one (1) year lapses between engineering and final approval, engineering plans must be resubmitted for review and approval according to these regulations.

(4) Construction. Construction shall at all times be subject to inspection by representatives of the Parish or the City of Natchitoches; 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 inspector acceptable to the Parish or City of Natchitoches shall be maintained continuously on the site during all phases of the construction of sanitary sewers, underground storm drains and street pavements. The parish or city may require that any inspector who appears incompetent or otherwise unsatisfactory shall be replaced by a satisfactory inspector. The parish or city shall establish detailed regulations governing the inspections to be furnished by the developer or his engineer, and may refuse to accept work which was done without proper inspection. The parish or city shall not accept any construction work which is in such a condition that it will require immediate and excessive maintenance by the parish or city.

C. Final approval.

Final approval and acceptance of the subdivision consists of the inspection of the subdivision as constructed and submission of engineering certification to the planning commission.

(1) Submission.

a. The request for final approval and acceptance shall be made by the developer's/subdivider's engineer in writing on a form supplied by the planning commission at least fifteen (15) days prior to the date of the requested final inspection.

b. When construction is complete and in accordance with the approved plans and specifications and complies with the provisions of these regulations, the project engineer shall submit certification that the construction was completed as per plans previously approved, under his seal as a registered professional civil engineer in the State of Louisiana.

c. If significant changes were made during construction, as-built plans shall be submitted to the planning commission at least fifteen (15) days prior to final inspection.

d. The planning commission shall not grant final approval for any plat which has not been submitted for approval and inspected in accordance with these regulations.

e. Whenever the commission shall have granted any variance(s) to the developer with respect to any of these regulations with regard to lot size, streets, drainage, fire hydrants, street lighting, utility service, contours of elevation, or whenever any development shall not provide or have available a particular utility service, such as natural gas, or whenever said development is in a flood zone and contains

elevations below the standards set for flood zones, the developer shall make mention of said variance(s), unavailability of a particular utility service or subpar elevation on the final plat which is to be recorded with the clerk of court.

2. Composition of the final plan. The final plan submitted to the planning commission for approval shall contain and consist of the following:

a. Name of the subdivision.

b. Legal description of location.

c. Scale of the layout or plat.

d. Date.

e. Every plat shall show a note giving reference to the basis of the bearing, i.e., "Bearings shown refer to true North" or "Bearings shown refer to Grid North as established for the Louisiana Plane Coordinate System by the U.S.C. & G.S." or "Bearings shown refer to assumed North based on a bearing of S 10° 30′ 10″ W used for the centerline of State Highway 100", or "Bearings shown refer to the map (or deed) call N30 E for the easterly line of the Smith Tract, "etc. In all cases the bearings used shall be referenced to some well established line.

f. Boundary lines of the subdivision with length and bearing of lines.

g. The location, widths, and names of streets or other public ways, easements, railroad and utility rights-of-way, pipelines, section and corporation lines within or adjacent to the tract, airport approach zones, hazard areas, and height restrictions, and distances and bearings to the nearest official monuments which shall be accurately described.

h. Location of land intended to be dedicated to public use or reserved in the deeds for the use of all property owners in the subdivision.

i. Numbers and dimensions of lots and blocks.

j. Building setback lines, both front and side.

k. Accurate location of watercourses and other important features.

l. Contours to conform to accepted local engineering practices.

m. Name and address of owner and subdivider.

n. Accurate location and reference of at least one (1) permanent benchmark (monument) for each block in the subdivision. The elevation of each benchmark shall be set to mean sea level datum and shown on the final plan. Permanent bench marks shall be concrete, four (4) inches by four (4) inches and thirty (30) inches long properly centered and sunk to grade level, with a brass plug embedded in the top. The brass plug shall have the elevation stamped on its surface. Each benchmark shall be placed within public right-of-way but not more than two (2) feet from any property line measured perpendicular to the property line which parallels the right-of-way.

o. Distances and angles, or true bearings, if available, to the established street lines or official monuments, which shall be accurately described on the plat; municipal, range, township, parish and section lines accurately tied to the lines of the subdivision by distances and angles, or true bearings, if available.

p. All curve date, the lengths of all arcs, radii, internal angles, points of curvature, lengths and bearings of tangents.

q. All dimensions, both linear and angular, necessary for determining the exact boundary of all lots in the subdivision; all angles must either be given directly or indicated by the bearings shown; where any lot line is curved, the significant elements of the curve, such as the arc length and the subtending central angle, bearing and dimensions of side lot lines and where a curve is involved, an indication if it is a radial line and any and all mathematical information and data necessary to locate all interior and exterior boundary lines of any lot.

r. All block indications, if any; lot numbers; 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." Each lot shall contain a mailing address number (either municipal number or box number) previously approved by the local post office.

s. 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 or sale for public use, and all property that may be designated by deed and covenants for the common use of the property owners in the subdivision, along with a statement for responsibility for maintenance.

t. Description of the tract being subdivided.

u. A 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, sewage disposal or other proper purpose in the general interest of the public. Said statement shall further provide that no trees, shrubs, or other plants may be planted, nor shall any 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.

v. Restrictions: Private restrictions, restrictive covenants or trusteeships and their periods of existence to apply to lots in the subdivision shall be signed by the owner or his agency and recorded in the office of the clerk and recorder of Natchitoches Parish, and references to such instrument shall be made on the plat and a copy shall be furnished to the planning commission.

w. When the area subdivided lies at such elevation that without additional drainage facilities not then available it will become inundated or overflowed by rain or storm water, a statement shall be lettered on the subdivision plat, setting forth these facts, and portions that have been overflowed shall be indicated by shading on the plat. In addition, the Final Plat shall show the final lot elevation at the building line for each lot and note on the plat the required first floor elevation for flood protection purposes as established by the Federal Emergency Management Administration.

x. Certification shall be a statement by a registered land surveyor licensed to practice in the State of Louisiana to the effect that the plan is based upon an actual survey made by him and that the distances, courses, and angles and all other required survey information are shown correctly, that the monuments have been set and the lot and block corners staked correctly on the ground and that he has fully complied with the provision of the Revised Statutes 33:5051, et seq., as amended, and regulations governing platting. The land surveyor's seal shall also be shown.

y. Spaces for official approval signatures shall be provided for the following:

1. Mayor of City of Natchitoches, or chairman (president) of Natchitoches Parish police jury, as the case may be;

2. City or Parish public works director, or city parish engineer, as appropriate;

3. City/parish utilities director, as appropriate;

4. Chairman of the planning commission.

(3) Surveying and permanent control monuments.

a. All surveying for perimeter, street centerline, property line and control monumentation of a subdivision shall be performed with the precision of a Second-Order Traverse in accordance with the following specifications prescribed in ASCE Manual of Engineering Practice No. 10, Technical Procedure for City Surveys:

1. The average angular error shall not exceed ____________ per instrument station, and the maximum shall not exceed ____________ per instrument station, N being the number of the instrument stations on the line.

2. The average position closure, after distribution of two (2) azimuth errors, shall not exceed one (1) in fifteen thousand (15,000) and the maximum shall not exceed one (1) in ten thousand (10,000).

b. Permanent control monuments of materials approved by the City of Natchitoches shall be placed at all of the following locations and shown on the final plat:

1. At the corners, control points and angle points around the perimeter on boundary of the subdivision at intervals no further than six hundred (600) feet apart.

2. At all points where the perimeter or boundary of the subdivision intersects street right-of-way lines.

3. At all street corners formed by the intersection of street right-of-way lines. On curved street corners, monuments shall be placed on the right-of-way line at each end of the curve.

4. On all property lines at the point of curvature and the point of tangency of all horizontal curves.

5. The submission of the final plat for checking by the Parish or City of Natchitoches shall be accompanied by a complete survey of the outer perimeter or boundary of the plat, including copies of complete field and computation notes, description of all monuments, a sketch showing all distances, angles and calculation required to determine the corners and distances of the plat together with the calculations on all traverses showing error closure and method of balancing. Complete calculations shall be also submitted for all distances, angles, arc lengths, the central angle, the length and bearing of the chord subtending the property line arc and all other pertinent and necessary calculations for lots having frontage on horizontal curves. The required submission of the survey data and computation is for the purpose of placing all such data and information concerning the subdivision in the public records of the Parish and City of Natchitoches and it is so stipulated that the responsibility for the correctness and accuracy of said survey data and computation rests with the registered land surveyor submitting the final plat of the subdivision.

(4) Action.

a. Based upon staff recommendation, the planning commission shall grant or deny final approval.

b. Upon receipt of written notice of final approval the developer/subdivider may record the approved plat and begin the sale of lots in the subdivision. No lots, nor portion thereof, may be sold, rented or leased from a plat which has not been duly approved by the planning commission and recorded with the clerk of court of the parish.

c. Approval of the final plat by the planning commission shall not be deemed to constitute or effect any acceptance by the public of the dedication of a street or other public way, a park, playground, or playfield, or any other space shown on the plat. Acceptance by the public shall be accomplished by duly adopted ordinance of the City of Natchitoches or the Parish of Natchitoches only.

d. Approval of the final plat by the planning commission shall be null and void if the plat is not recorded in the office of the clerk and recorder of the parish within thirty (30) days after the date of final approval, unless application for an extension of time is made in writing during such thirty-day period to the planning commission, and granted by it.

e. The planning commission shall forward to the police jury of Natchitoches Parish or to the mayor and city council of the City of Natchitoches, as the case may be, its recommendations for approval or denial together with the engineering certification. Acceptance of the subdivision for maintenance may be expected upon approval. However, for a period of twelve (12) months after acceptance of the work the subdivider shall keep all filled trenches, pipes, manholes, structures, paved or unpaved surfaces, etc., constructed by the subdivider in good condition, making repairs to such defects in materials or workmanship as may develop or be discovered. If pumping stations are constructed, the subdivider or developer shall guarantee materials and workmanship of these facilities for a period of twelve months. The subdivider or developer shall file with the parish or City of Natchitoches, as the case may be, a maintenance agreement and surety bond securing to the parish or city the satisfactory performance of this work for a period of one (1) year from the date of such bond. The amount of the bond shall be ten (10) percent of the cost of the improvements as determined by the parish or City of Natchitoches and the form of the bond shall be approved by the parish or city attorney. The bond shall be subject to cancellation only upon the written approval of the parish or city of Natchitoches, as the case may be.

(Mo. of 2-19-92, § V)