§ 25-420. Consistency requirements.

Upon the effective date of the plan, or element or portion thereof, there shall be consistency between the plan and all decisions or actions taken by the parish council, planning advisory board, Old Metairie Commission, planning department, finance department, or public works department in regard to the growth and development of land covered by such plan or element as adopted. However, if criteria for implementation of a goal, objective, or policy within the plan is not yet contained in an ordinance or administrative policy, consistency with the plan will not be required until specific criteria is adopted for implementation. The provisions of this section shall not apply to those actions performed, or applications submitted, prior to the effective date of the plan.

(a)

Criteria. A proposed regulation, amendment, or other action is consistent with the plan when the regulation, amendment, or other action:

(1)

Furthers, or at least does not interfere with, the goals, objectives, and policies contained in the plan; or

(2)

Is compatible with the goals, objectives, and policies contained in the plan; or

(3)

Carries out, as applicable, any specific proposals for community facilities, including transportation facilities, other specific public actions, or actions proposed by nonprofit and for-profit organizations that are contained in the plan.

(b)

Types of regulations, amendments, or other actions. Regulations, amendments or other actions that must be consistent with the plan include, but are not limited to, the following types:

(1)

Decisions regarding capital improvements, including construction of improvements and acquisition of land for public infrastructure and community facilities, shall be consistent with the plan in order to ensure the availability and appropriate location of public facilities and the efficient utilization of parish funds.

(2)

Development regulations and land use actions, as outlined within Chapter 33 and Chapter 40.

(c)

Written recommendation and procedures. Before the parish council may enact or amend regulations, and before the parish council, planning advisory board, Old Metairie Commission, planning department, public works department, or finance department may take any action relevant to the items outlined within the plan, the planning department, public works department, or finance department, whichever department(s) is responsible for findings, recommendations, papers, correspondence, or records related to the regulation, amendment or action, shall provide a written recommendation to the parish council, planning advisory board and, as appropriate, the Old Metairie Commission, regarding the consistency with the plan. The written recommendation shall be advisory to the parish council, planning advisory board and, as appropriate, the Old Metairie Commission. The written recommendation shall state whether, in the opinion of the planning department, public works department, or finance department, the proposed regulation, amendment, or other action is consistent with the goals, objectives, and policies of the plan, as well as whether to approve, deny, or revise the proposed regulation, amendment, or other action.

(1)

In determining whether the proposed regulation, amendment, or other action satisfies the requirements of subparagraph (a) above, the planning department, public works department, or finance department may take into account any relevant guidelines contained in the plan.

(2)

If the planning department, public works department, or finance department determines that the proposed regulation, amendment, or other action is not consistent with the plan:

a.

It shall state in the written recommendation any changes or revisions in the proposed regulation, amendment, or other action necessary to make it consistent; and

b.

It may state in the written recommendation any amendments to the plan that are necessary to eliminate any inconsistency between the plan and the proposed regulation, amendment, or action.

(3)

The parish council, planning advisory board, or Old Metairie Commission shall, upon receipt of the written recommendation as outlined above, review the recommendation, giving the recommendation due regard in its deliberations, findings and decisions. If the council, planning advisory board, or Old Metairie Commission rejects the recommendation in its deliberations, findings or decisions:

a.

It shall state whether the proposed regulation, amendment or other action is consistent with the plan;

b.

If the council, planning advisory board, or Old Metairie Commission determines that the proposed regulation, amendment, or other action is not consistent with the plan:

i.

It shall state any changes or revisions in the proposed regulation, amendment, or other action necessary to make it consistent; and

ii.

It may state any amendments to the plan that may be necessary to eliminate any inconsistency between the plan and the proposed regulation, amendment, or action.

(Ord. No. 22140, § 7, 3-17-04)