§ 33-7.5.12. Conversion of public streets.

Conversion of public streets to private streets may be permitted subject to the provisions of this UDC.

(1)

Applicability .

a.

An ordinance shall be adopted in which the street or road shall be deemed no longer needed for a public purpose by the Jefferson Parish Council and transferred to the adjacent owners pursuant to state law by declaration of revocation contemporaneous with the execution by the owners adjacent to the revoked street of an act of donation to the homeowners' association which has made application for the conversion of that existing public street or road to privately-owned and maintained road. All acts of revocation of public streets will include a declaration by destination of the parish reserving a servitude for all existing subsurface public utilities.

b.

At the time of application, an affidavit shall be submitted to the planning department certifying that:

1.

Each property owner whose lot has access to the street sought to be declared no longer needed for public purpose supports the revocation of the entire portion of street as described in the application;

2.

Each owner of the lots provided access by the street sought to be revoked in the application supports and is willing to accept the responsibility of maintenance of said portion of street or roadway through participation in the homeowner's association making the application;

3.

Each property owner whose lot has legal access to the road sought to be converted by the application shall certify that they will assign all right, title and interest to the portion of previously dedicated street adjacent to their lot of record which may be revoked under provision of state law by the parish council to the homeowner's association submitting the application for reversion of the public street or roadway.

c.

The planning advisory board shall review and conduct a public hearing on each application to convert publicly-owned street to a privately-owned and maintained street.

d.

Provisions of this UDC dealing with utilities and emergency access shall also apply where an existing public street is intended to become privately owned and maintained.

e.

Provisions of this UDC dealing with gated streets shall also apply where an existing public street is intended to become privately owned and maintained.

(2)

Generally . Public streets may be converted to private streets, provided that:

a.

The street is privately owned and maintained.

b.

The street shall have been built in accordance with the standards required by the parish codes for rights-of-way width and construction.

c.

All off-site improvements shall have been installed in accordance with parish code requirements.

d.

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

e.

The zoning and land use provisions of the district within the street is located shall apply; and all zoning, land use, and building code provisions of such district shall apply without prejudice.

(Ord. No. 24989 , § VII, 8-12-15)