§ 40-181. Application requirements and review procedures for department of inspection and code enforcement permits.

(a)

General. Permits within the MRTPD are broken into three (3) types with specific application requirements. The three (3) types of application are tree removal only, minor construction activities, and major construction activities, all as defined in this article.

(1)

Tree removal only permits. The property owner or his agent shall submit a complete Metairie Ridge Tree Preservation District Tree Removal application and three (3) copies to the department of inspection and code enforcement for review by the parish arborist. The application shall include the following information:

a.

Name, address, and telephone number of property owner

b.

Name, address, and telephone number of property owner's agent, if applicable

c.

A copy of the contract transferring authority shall be attached to the application as well as an affidavit by the property owner stating that he understands that he retains responsibility for the requirements of Article X.5

d.

The protected tree(s) outside the uncontested area that the owner proposes to remove, subject to the following requirement:

1.

Certification shall be submitted by a landscape architect, landscape contractor or an arborist licensed as such by the State of Louisiana that there are good reasons for the removal of such tree(s) from the site including a brief statement of those reasons.

2.

Supporting documentation may be submitted as to why the tree should be removed. This documentation may include, but is not limited to, reports by a Louisiana state licensed structural engineer regarding existing or certain future damage caused by the tree to a structure, or other Louisiana state licensed professional documenting why the tree should be removed. Any documentation provided by a Louisiana state licensed professional shall include his official seal or license number, as applicable.

e.

Color photos of tree(s) requested to be removed showing the location of such tree(s) on the site in comparison to the property lines, structures on the site, and other pertinent features related to those trees

f.

Current survey of site stamped by a registered land surveyor

g.

Site plan, with all dimensions, showing the following:

1.

All property lines, including required yards and buildable area of lot

2.

Location of existing buildings, structures, driveways, sidewalks, fences, chainwalls and similar features

3.

Location of base of tree, size, drip line, and name of all trees indicating which one(s) are proposed for removal

4.

Proposed location of any required replacement trees

h.

Certification by a landscape architect, landscape contractor or an arborist licensed as such by the State of Louisiana that the information shown on the site plan is an accurate representation of the property owner's site regarding the identification, description and location of trees and the existing structures and proposed construction activity

i.

If determined by the parish arborist to be necessary, a tree protection plan that complies with the tree protection minimal requirements set forth in this article, including both graphics and text, and prepared, signed and affixed with seal or license number, by one of the following, as appropriate and in compliance with all state laws pertaining to professions regulated by the Louisiana Horticultural Commission:

1.

A state licensed landscape architect

2.

A state licensed landscape contractor

3.

A state licensed arborist

(2)

Minor construction activities permits. For applications for minor construction activity as defined in this article, the property owner or his agent shall submit a complete Metairie Ridge Tree Preservation District application and two (2) copies to the department of inspection and code enforcement. There will be no review of the application or site by the parish arborist. A complete MRTPD application shall be attached to the applicant's building permit. The application shall include the following information:

a.

Name, address, and telephone number of property owner.

b.

Name, address, and telephone number of property owner's agent, if applicable.

c.

A copy of the contract transferring authority shall be attached to application as well as an affidavit by the property owner stating that he understands that he retains responsibility for the requirements of Article X.5.

d.

Name, address, and telephone number of builder/contractor, if applicable.

e.

Address of site for which permit is requested.

f.

Zoning district.

g.

Type of request.

h.

Total number of trees within site area.

i.

Number of trees located on abutting properties within ten (10) feet of property line.

j.

An affidavit signed by a state licensed landscape contractor, state licensed landscape architect, or state licensed arborist which states that the proposed minor construction activity will not impact any protected tree(s) outside the uncontested removal area or on abutting properties within ten (10) feet of property line.

k.

Current survey of site stamped by a registered land surveyor.

l.

Site plan, with all dimensions, showing the following:

1.

All property lines.

2.

Buildable area of the property.

3.

Location of existing buildings, structures, driveways, sidewalks, fences, chainwalls and similar features.

4.

All proposed construction activity.

5.

Location of base of tree, size, drip line and name of all trees.

6.

All trees on abutting properties within ten (10) feet of the property line, if any.

7.

Any trees within the uncontested removal area that are to be removed.

m.

Certification by a landscape architect, landscape contractor or an arborist licensed as such by the State of Louisiana that the information shown on the site plan is an accurate representation of the property owner's site regarding the identification, description and location of trees and the existing structures and proposed construction activity.

n.

An affidavit by the property owner that any possible secondary construction activities shall not impact the RPZ of any protected tree(s) outside the uncontested area. Secondary activities may include:

1.

Parking of vehicles or equipment or storage of building materials

2.

Mixing or dumping of building materials, chemicals or paints

3.

Rinsing of tools or equipment

4.

Contractor vehicles and equipment access route in and out of the property unless this access route is the existing driveway

o.

Color site photos that adequately show existing trees located on the following:

1.

The applicant's property.

2.

Abutting properties within ten (10) feet of the property line, if any.

(3)

Major construction activities permits. For applications for major construction activity as defined in this article, the property owner or his agent shall submit a complete Metairie Ridge Tree Preservation District application and three (3) copies to the department of inspection and code enforcement for review by the parish arborist. The application shall include the following information:

a.

Name, address, and telephone number of property owner.

b.

Name, address, and telephone number of property owner's agent, if applicable.

c.

A copy of the contract transferring authority shall be attached to the application as well as an affidavit by the property owner stating that he understands that he retains responsibility for the requirements of Article X.5.

d.

Name, address, and telephone number of builder/contractor, if applicable.

e.

Address of site for which permit is requested.

f.

Zoning district.

g.

Type of request.

h.

Total number of trees within site area.

i.

Number of trees located on abutting properties within ten (10) feet of property line.

j.

Written authorization from abutting private property owners regarding activities related to trees, if applicable.

k.

The protected tree(s) outside the uncontested area that the property owner proposes to remove, subject to the following requirement:

1.

Certification shall be submitted by a landscape architect, landscape contractor or an arborist licensed as such by the State of Louisiana that there are good reasons for the removal of such tree(s) from the site including a brief statement of those reasons.

2.

Supporting documentation may be submitted as to why the tree should be removed. This documentation may include, but is not limited to, written reports by a Louisiana State licensed structural engineer regarding existing or certain future damage caused by the tree to a structure, or documentation by other Louisiana state licensed professional documenting why the tree should be removed. Any documentation provided by a Louisiana State licensed professional shall include his official seal or license number, as applicable.

m.

Current survey of site stamped by a registered land surveyor.

n.

Site plan, with all dimensions, signed and affixed with seal of a state licensed landscape architect, license number of a state licensed landscape contractor, or signed and affixed with the seal of a design professional as established in the Jefferson Parish Building Code, showing the following:

1.

All property lines.

2.

Buildable area of the property.

3.

Location of existing buildings, structures, driveways, sidewalks, fences, chainwalls and similar features.

4.

All proposed construction activity.

5.

Location of base of tree, size, drip line and name of all trees.

6.

All trees on abutting properties within ten (10) feet of the property line.

7.

Any tree(s) proposed for removal and the proposed location of any replacement trees.

o.

A tree protection plan that complies with the tree protection minimal requirements set forth in this article, including both graphics and text, and prepared, signed and affixed with seal or license number, by one (1) of the following, as appropriate and in compliance with all state laws pertaining to professions regulated by the Louisiana Horticultural Commission:

1.

A state licensed landscape architect.

2.

A state licensed landscape contractor.

3.

A state licensed arborist.

This tree protection plan may be shown on the required site plan.

p.

Color site photos that adequately show existing trees located on the following:

1.

The applicant's property.

2.

Abutting properties within ten (10) feet of the property line, if any.

Permit applications for special permitted uses that have already been approved by the parish council may use the approved site plans and tree protection plans in lieu of the requirements of this article.

(b)

Graphic materials. In addition to other submitted requirements, all applicants are required to submit a reduction of all submitted plans and drawings no larger than eleven (11) by seventeen (17) inches.

(c)

Fees. Except as otherwise provided in this article, a fee of fifty dollars ($50.00) shall be assessed for any and all applications for review under this section.

(d)

Deadlines. The department of inspection and code enforcement shall forward applications for tree removal and the tree protection plan component of major construction activity applications to the parish arborist within three (3) working days of receipt of a completed application as determined by the department of inspection and code enforcement. The parish arborist shall provide a recommendation in writing, after inspecting the site, to the department of inspection and code enforcement within ten (10) working days of receipt of application. The property owner or his agent may, in writing to the department of inspection and code enforcement, request a specific number of additional working days for the review in order to resolve any outstanding issues regarding his application including the submission of a tree protection plan if one was not submitted with the application.

(e)

Reviewed applications. Upon receipt of the recommendation of the parish arborist, the director of inspection and code enforcement shall make a decision regarding the issuance of the requested permit. For permits, if approval is granted a copy of the tree protection plan and application with a statement of additional tree preservation or replacement requirements for the permit, if any, will be attached to any permit issued by the department of inspection and code enforcement. Violation of the attached tree protection plan and additional preservation and replacement requirements shall be a violation of this article subject to the penalties outlined in this article.

(f)

Appeals. Decisions of the director of inspection and code enforcement, including those based on the recommendations of the parish arborist, may be appealed to the board of zoning adjustments within thirty (30) days following the decision of the director in accordance with the procedures established by Chapter 40, Article XLII. Board of Zoning Adjustments.

(Ord. No. 22419, § 2, 2-2-05; Ord. No. 22707, § 1, 3-8-06)