On motion of Johnston, seconded by Mr. Roberts, the following ordinance was
offered:
A SUMMARY NO.
24199 ORDINANCE NO. 24900
An ordinance to amend Chapter 8, Buildings and Building Regulations,
Article III Preliminary and Other Building Requirements, Division C. Other
Restrictions, Subdivision C Permit for Construction, etc. on Mississippi
River of the Code of Ordinances, to eliminate duplication of review for the
development of the Mississippi River batture. (Parishwide)
WHEREAS, Jefferson Parish Comprehensive Plan Policy 12.2.7 cites avoiding
“needless duplication of government and regulatory activities” in an effort to process
applications for development more efficiently; and
WHEREAS, Council Resolution No. 120571, adopted January 13, 2013, as
amended by Council Resolution No. 121726, adopted October 2, 2013, authorized the
Planning Department and Planning Advisory Board to conduct a study of the
regulations regarding the use and development of the Mississippi River batture; and
WHEREAS, Chapter 8 Buildings and Building Regulations includes a review
and approval process for permitting development activities on the unprotected side of
the Mississippi River levee, informally known as the batture permitting process; and
WHEREAS, the Ch. 8 batture permitting process, which dates to circa 1960,
requires the Department of Inspection and Code Enforcement (ICE) to coordinate
interdepartmental review of activities on the river batture and to hold a public hearing;
and
WHEREAS, compared to today’s more sophisticated regulatory approaches, the
Ch. 8 batture review process, which has been used infrequently, has procedural and
substantive shortcomings; and
WHEREAS, in 2007 the Parish Council created the PIER process in Chapter 39
of the Code of Ordinances and the Chapter 8 process is duplicative of the PIER
procedure; and
WHEREAS, the Department of Environmental Affairs administers the PIER
procedure, which coordinates interdepartmental review of proposed activities along the
River batture, and, once all departmental and inter-agency comments are received, the
Environmental Department places the PIER certificate on a Council agenda for
approval; and
WHEREAS, in addition to the PIER, the zoning districts that are mapped on the
batture make uses that have potential risk to the public special permitted uses, a
designation which requires the Planning Advisory Board to hold a public hearing and
the Council to grant approval, including the imposition of conditions to mitigate any
potential negative impacts; and
WHEREAS, the Planning Department has concluded that the PIER and special
permitted use procedures provide adequate inter-departmental and inter-agency
review and opportunities for the public to provide comments, as well as appropriately
providing approval authority to the Council; and
WHEREAS, the Planning Department has concluded that the outdated and
duplicative Chapter 8 battture permitting procedure should be deleted and replaced
with a reference to the Chapter 39 PIER certification procedure so that users of the
Code of Ordinances are aware that batture activities are subject to PIER, and, further,
that ICE may require copies of approval letters from other agencies with batture
jurisdiction; and
WHEREAS, eliminating the duplication of review for development of the
Mississippi River batture is consistent with the Parish’s Comprehensive Plan and will
provide clarity and efficiency to the review of batture projects.
NOW, THEREFORE,
THE JEFFERSON PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That Chapter 8. BUILDINGS AND BUILDING REGULATIONS,
Article III. Preliminary and Other Building Requirements, Division 3. Other Restrictions,
Subdivision C. Permit for Construction, etc. on Mississippi River is hereby amended to
delete Sections 8-3-110.14 through 8-3-110.19 and to amend Section 8-3-110.13 to
read as follows:
Subdivision C. Permit for Construction, etc. on Mississippi River
Sec. 8-3-110.13. Required Parish Infrastructure and Environmental Review (PIER)
certificate required.
In accordance with Section 39-10 of this Code, a Parish Infrastructure and
Environmental Review (PIER) certificate from the Jefferson Parish Council shall be
required prior to the performing of any land-altering activity on the unprotected side of
the Mississippi River and Tributaries Protection levee.
As part of an application for a permit for land-altering activity on the unprotected
side of the Mississippi River and Tributaries Protection levee, the Department of
Inspection and Code Enforcement may require a letter of approval from the U.S. Army
Corps of Engineers, Port of New Orleans, Louisiana Department of Environmental
Quality, Louisiana Department of Transportation and Development, Louisiana
Department of Health and Hospitals, State Fire Marshall, or the East Jefferson or West
Jefferson Levee District, as appropriate, and any other agency whose review and
approval is necessary as determined by the Department of Inspection and Code
Enforcement.
It shall be unlawful for any person to maintain, proceed with, install, construct,
excavate or erect or place any structure of any kind, including piling, deadmen, or any
other type of moorings, on that area along the Mississippi River, within the limits of the
parish, lying between the Orleans-Jefferson Parish line, without first obtaining a permit
from the parish council. This permit shall be required for all new and existing facilities
or locations.
Sec. 8-3-110.14. - Application
(a)
All applicants for permits shall file applications with the department of inspection
and code enforcement which shall be accompanied by a fee in the amount to be
determined by the department, on the basis of fees now being charged for
similar construction and/or renovation work. Such fee shall be for the period of a
full year or any part thereof.
(b)
The department of inspection and code enforcement shall provide forms for
such permits giving the applicant's name, address, telephone number and other
pertinent information. The application shall be accompanied by detailed
drawings indicating the exact location of the work, the nature of the work to be
accomplished and purpose for which the work will be used.
Sec. 8-3-110.15. - Public hearing.
After applications are submitted, a public hearing will lie held by the departments
of inspection and code enforcement, planning, law and public utilities, within twenty
(20) days after receipt of the applications and all applicants will be notified as to the
time and place of the hearing.
Sec. 8-3-110.16. - Disapproval by a department; appeals to council.
All applications must be approved by each of the departments listed in section
8-48. Should any one (1) department disapprove the application, the applicant shall
appeal to the parish council within fifteen (15) days, and the parish council thereafter
shall hold a public hearing by placing the matter on its next agenda, giving proper
notice to all parties as to time and place of the hearing.
Sec. 8-3-110.17. - Term; expiration; renewal.
Each permit under this division shall be valid for a period of time of one (1)
calendar year. Each permit shall expire on December thirty-first of the year of issue
and renewal applications must be filed with the department of inspection and code
enforcement prior to January thirty-first of the following year. Failure to comply with the
above prescribed time period will result in a ten dollar ($10.00) delinquent fee in
addition to the set permit fee. Failure to submit a renewal application in the consecutive
year following the original application or former renewal application will require
applicant to again comply with requirements set forth herein in sections 8-46-8-49.
Sec. 8-3-110.18. - Applicability to existing operations.
This article shall apply to any person presently operating in the herein defined
area, as well as nay new applicant. Those persons presently operating a business
within the defined area shall apply for a permit within thirty (30) days from the effective
date of this article.
Sec. 8-3-110.19. - Violations.
(a)
Violations of this division shall be subject to the penalties set forth in the
Code. Each day that the violation continues shall be considered a new violation.
(b)
In addition to penalties provided herein, the parish shall have available
any and all civil remedies provided for in the Code for the parish and the laws of the
state and the United States.
SECTION II.
That the Municipal Code Corporation correct any crossreferences within the code that are affected by this ordinance.
This ordinance having been submitted to a vote, the vote thereon was as
follows:
YEAS: 7
NAYS:
None
ABSENT: None
This ordinance was declared to be adopted on the 11th day of February, 2015, and
shall become effective as follows, if signed forthwith by the Parish President, ten (10)
days after adoption; thereafter, upon the signature by the Parish President, or, if not
signed by the Parish President, upon expiration of the time for ordinances to be
considered finally adopted without the signature of the Parish President, as provided in
Section 2.07 of the Charter. If vetoed by the Parish President and subsequently
approved by the Council, this ordinance shall become effective on the day of such
approval.