§ 33-2.34. Abandonments.

(a)

Purpose. When deemed to be in the public interest, and where no private rights will be injured or endangered and neither the public nor abutting property owners will suffer significant loss or inconvenience thereby, all or a portion of any street, alley, or public reservation, including, but not limited to, public utility or drainage servitudes, dedicated building setback lines and access control, or subdivision plat may be vacated, in conformance with state law. Applications for abandonment of any street, alley or a public reservation or subdivision plat may be made by the parish or by any owner of property on which the street, alley, or public reservation lies or adjoins.

(b)

Applicability. A street or servitude may be vacated if the street, alley, or public reservation, or servitude is not necessary for the public safety or convenience and meets the review criteria set forth below. A plat may be abandoned if it has not been developed or has been partially developed and the owner desires to abandon the undeveloped portion thereof.

(c)

Application and procedure. Any street, alley, or public reservation, or portion thereof, certain public rights-of-way, or subdivision plat may be abandoned by ordinance adopted by the parish council. An application for abandonment shall be filed with the parish attorney, who shall review and forward the application to the LURTC for findings and recommendations. The parish attorney shall forward copies of the application to relevant agencies not represented on the LURTC. Agency comments shall be advisory and do not constitute approval or denial of the application. However, the parish council may address agency comments in its conditions of approval. Following the adoption of any ordinance abandoning any street, alley, or public reservation, or portion thereof, or subdivision plat, the parish clerk shall file a copy thereof for recording. Any abandonment of right-of-way, reservation or servitude occurring on a recorded plat shall be noted on the plat.

(d)

Reservation of servitudes. In abandoning any street, alley, or public reservation, or portion thereof, either by plat or by ordinance, the parish council may reserve such rights-of-way and other servitudes as in the judgment of the council are necessary or desirable for public service.

(e)

Reversion of land abandoned. Streets, alleys or other public reservations that have been abandoned shall be sold or shall revert to the owners of adjoining properties as provided by state law and any amendments thereto.

(f)

Review criteria.

(1)

The proposal is in conformance with state law.

(2)

The proposal is consistent with the comprehensive plan, Jefferson Parish Thoroughfare Plan, and other adopted plans and policies of the Parish;

(3)

The proposal shall not create any parcel of land without parish-approved access to public right-of-way;

(4)

The proposal shall not restrict access to any parcel so that such access is unreasonable, economically prohibitive, or devalues any property affected by the proposed vacation;

(5)

The proposal shall have no adverse impacts on the health, safety, and/or welfare of the general community, and shall not reduce the quality of public services provided to any parcel of land; and

(6)

There is evidence that the right-of-way, reservation, or servitude or subdivision plat is no longer needed by any of the parties having an interest in same.

(g)

Decision-maker . The parish council shall review the application in the same manner as a plat at a public hearing and approve, approve with conditions, or deny the application.

(Ord. No. 24989 , § II, 8-12-15)