§ 33-7.5.11. Private streets.

Private streets may be permitted subject to the provisions of this UDC.

(1)

Applicability . The provisions provided by this section shall apply to all newly created subdivisions with private streets.

(2)

General .

a.

A notation shall be affixed to the subdivision plan which clearly indicates that all streets are private and not dedicated for public use. The Section of this UDC and the COB/Folio at which it is recorded in the office of the Jefferson Parish Clerk of Court shall be cited on the notation.

b.

All private streets and sidewalks shall be constructed in accordance with all parish requirements and shall be inspected for compliance. A certificate of compliance shall be issued to the developer by the appropriate parish agency or department.

c.

The proposed streets shall not interfere with or obstruct any public interstate, arterial, or collector street (proposed or existing), shall not interfere with traffic circulation outside the boundaries of the subdivision, shall not cause a sudden end to an existing public street (being protruded for future street), and shall not prevent an extension of an existing street that would otherwise enhance the traffic flow in the area.

(3)

Emergency access . Within the confines of a private subdivision, means of access for fire department apparatus shall consist of fire lanes, private drives or streets, streets, parking lot lanes or a combination thereof.

a.

A servitude of passage shall be granted by the association of homeowners to Jefferson Parish solely for the use by personnel of the Jefferson Parish Public Works Department, Fire Department and the Department of Inspection and Code Enforcement while acting in their official capacity so as to provide services to the residents within the subdivision and/or to maintain public utilities located within the subdivision and, in addition, to all local, state or federal law enforcement officers while acting in their official capacity.

b.

Means of access for fire department apparatus shall be constructed of a hard, all-weather-surface or roadway adequately designed to support the heaviest piece of fire apparatus likely to be operated on the fire lane, private street or drive, street or parking lot lane.

(4)

Gated streets . Electrical, motorized, remote, manual, guard or any other entrance gates to subdivisions with private streets may be permitted, subject to the following emergency response requirements:

a.

The homeowner's association shall be responsible for notifying, in writing, applicable law enforcement, fire and emergency medical agencies required to respond to areas within a subdivision with private streets, a universal code for the use by all emergency response agencies for ingress and egress to the subdivision with private streets and shall maintain and update said information in writing when and where applicable. All motorized or electrically operated gate systems shall be provided with an emergency KNOX or similar box for emergency crews in addition to a universal code(s).

b.

A standard method of addressing and/or identifying properties within the gated community shall be developed by the inspection and code enforcement director and applied accordingly. Said addressing methodology and/or assigned addresses to any specific gated community shall be maintained and forwarded to the respective emergency response agencies by the homeowner's association.

c.

The homeowner's association shall be responsible for providing continuous (twenty-four hour, seven (7) day per week, three hundred sixty-five (365) day per year) operation of all gate systems in subdivisions with private streets.

1.

The homeowner's association shall be responsible to keep all gate systems in good working order and protected from vandalism and/or adverse weather conditions.

2.

The homeowner's association shall be responsible for the installation, periodic testing of, repairing of and routine maintenance checks of all parts and components of all such motorized or electrical gate assemblies at each of their respective locations.

d.

All motorized or electrically operated gate systems shall provide a battery backup and a manual override in the event of a power failure that will provide for easy access to open said gates automatically and remain in the open position until normal power is restored.

e.

All motorized or electrically operated gated systems shall provide each homeowner with a remote method of opening said entrance and/or exit gate from every residence for emergency response access in addition to the universal code(s) provided and the KNOX or similar box.

f.

The homeowner's association shall indemnify Jefferson Parish, the 911 Communication District, its members, employees, agencies, and/or law enforcement, medical, fire and/or other emergency response groups for any action, damage or delay as a result of malfunctioning gates caused by any reason, including, but not limited to, inoperable gates, the lack of emergency codes and/or any required information necessary to ensure ingress or egress to the subdivision with private streets.

(5)

Utilities .

a.

All utilities, public and private, shall be maintained by the respective agencies where it is determined by the public works director that these utilities may be tied to, or may be a continuation of, utility lines outside the boundaries of the subdivision. Otherwise, utilities within the subdivision shall be self-contained without reliance on or relationship to the utility lines located outside the boundaries of the subdivision.

b.

Water supply systems not publicly owned and installed shall meet the requirements of Jefferson Parish Public Works Department and shall include fire hydrants where required or requested.

c.

Adequate servitudes and access shall be provided by dedication to Jefferson Parish (and identified on the plan) for every utility, drainage canal or water course that is publicly owned and maintained within the private subdivision as determined by the public works department, in addition to any private utility companies.

(6)

Homeowner's association .

a.

An association of homeowners (which shall require one hundred (100) percent participation) shall be formed and incorporated as a legal entity to be responsible for maintenance, repairs and decisions affecting the private streets. Property owned by the parish, public utilities and public franchises shall be excluded from participation in the homeowners' association.

b.

The articles of incorporation shall clearly outline the responsibilities of individual home/property owners and said article, prior to the parish council approval of the subdivision request, shall be reviewed and approved by the parish attorney to insure that all requirements of this section have been satisfied.

c.

The subdivision developer or applicant shall prepare a disclosure document which details the responsibilities and financial obligations of all homeowners regarding maintenance of the private streets.

d.

All private streets approved pursuant to this section and any street transferred to a homeowner's association shall not be maintained, constructed, reconstructed, resurfaced, etc., by Jefferson Parish, but shall be owned maintained, constructed, reconstructed, resurfaced, etc., solely by an association of homeowners. Cost of such shall be borne by the private organization or association responsible for maintaining the streets if the utilities are private. If the parish, its agents, employees or contractors damage the private street or drive during any repair of a public utility, the parish shall be responsible for repair of such damage.

e.

The homeowner's association shall be responsible for maintenance, repairs and decisions on mail and other parcel deliveries, garbage collection, grass cutting, tree trimming, etc., relative to the street.

(Ord. No. 24989 , § VII, 8-12-15)