§ 40-173. Fill and foundation requirements.

To protect and preserve the existing tree canopy and to prevent sediment and construction debris runoff and sediment accumulation onto adjacent property, sidewalks, streets, and into storm drains, the following regulations shall be met:

(1)

Foundation design. The following limitations shall apply:

a.

Only buildings, including accessory buildings, shall be raised or elevated.

b.

Buildings, including accessory buildings, shall only be raised or elevated within the boundary of the footprint of the structure.

c.

Only retaining wall foundations, encapsulated fill foundations, slab foundations, or pier-style foundations shall be permitted to elevate buildings, including accessory buildings.

d.

If the area beneath the floor of the lowest livable area is not filled with soil, built as a solid slab foundation, or built as a crawl space, this area shall only be used for the parking of vehicles, storage, or building access.

e.

Encapsulated fill foundations shall be engineered and constructed so that the walls of the foundation containing fill are built prior to the fill being added.

(2)

Fill limitations. Notwithstanding the tree preservation provisions of this district, portions of the lot or development site may be filled or cut subject to the following limitations:

a.

General.

1.

The entire lot shall not be filled and no loose fill shall be used to elevate structures above the existing grade.

2.

The use of retaining walls shall be minimized; where the required drainage plan indicates the need for retaining walls, the maximum height of any retaining wall shall be a maximum of six (6) inches in height or as is determined to be necessary on the required drainage plan.

3.

Silt fencing. Silt fencing shall be installed prior to any activity that disturbs soil, including landscaping or any construction activity, and shall comply with the following installation and maintenance procedures:

i.

Fence material shall be a minimum of sixteen (16) inches in height above existing grade and no greater than thirty-six (36) inches above existing grade.

ii.

A minimum of eight (8) inches of fence material shall be anchored into a trench no less than four (4) inches wide by six (6) inches deep on the upslope side of the fence.

iii.

Stakes or posts supporting the fence material shall be spaced no farther apart than six (6) feet unless fence material is reinforced with a wire or chain link backing, in which case posts shall not be spaced farther apart than ten (10) feet.

iv.

All sediment shall be removed once it reaches one-half (½) of the height of the fence.

v.

Fence or segments of the fence that are worn, torn, or otherwise damaged shall be replaced.

vi.

No silt fence shall be used longer than a period of twelve (12) months unless replaced with a new fence.

vii.

Fencing must be removed only after affected upslope area has been permanently stabilized.

4.

All other applicable limitations on the placement of fill shall apply including but not limited to limitations on filling within the root protection zone (RPZ) of significant trees.

b.

Lot leveling and drainage.

1.

Fill may be used to replace soil lost to ground subsidence, erosion, or to accommodate other ground unevenness. Fill used to replace soil lost due to erosion shall be stabilized with proper mitigation measures to ensure that erosion will not continue.

2.

Existing grade may be minimally altered to clear or level the ground and to provide adequate drainage.

3.

The determination of appropriate minimal filling and cutting for adequate lot leveling and lot drainage by the Jefferson Parish Director of Inspection and Code Enforcement shall prevail.

c.

Landscaping.

1.

Lot fill may be used as a landscaping element in the form of terracing or elevated planting beds.

2.

The maximum height of terraced fill for landscaping shall be three (3) feet above existing grade.

3.

The maximum slope for landscaping fill shall be twenty-five (25) percent.

4.

No landscaping fill shall be permitted in required side yards.

5.

No landscaping fill shall be permitted within five (5) feet of front and rear lot lines.

6.

Tree preservation regulations of this district, including limitations on filling and cutting within the RPZ of significant trees, shall supersede regulations pertaining to the placement of landscaping fill.

7.

Fill used for landscaping must be stabilized with landscaping plants or other landscaping materials prior to the removal of silt fencing.

d.

Driveways. Fill may be used underneath driveways as a transition between the property line and the garage entrance and adjacent to driveways to soften the transition between the elevated driveway and existing grade, subject to the following limitations:

1.

Driveway fill shall not exceed slope of eleven (11) percent as measured from the existing elevation of the front lot line.

2.

The highest point of any driveway shall not exceed an elevation equal to eighteen (18) inches above the crown of the street or base flood elevation, as determined by the Federal Emergency Management Agency (FEMA) National Flood Insurance Program (NFIP) Flood Insurance Rate Maps for Community No. 225199, whichever is higher.

3.

The entire front yard shall not be filled.

4.

Driveway fill and adjacent driveway fill for new development shall not be located within the required side and rear yard setbacks for elevated accessory buildings.

5.

The slope of adjacent driveway fill shall be subject to approval by the department of inspection and code enforcement.

6.

Driveway fill and adjacent fill shall not impede drainage, and mitigation measures shall be installed to improve drainage, as is determined by the department of inspection and code enforcement.

7.

Tree preservation regulations of this district, including limitations on filling and cutting within the RPZ of significant trees, shall supersede regulations pertaining to the placement of driveway and adjacent driveway fill.

8.

The placement and slope of driveway fill and adjacent driveway fill shall be subject to approval by the department of inspection and code enforcement.

(3)

Variances. Restrictions on the use and placement of fill and restrictions on retaining walls stated in this section shall apply unless a variance is granted by the Board of Zoning Adjustments (BZA) in accordance with Article XLII, Board of Zoning Adjustments, and subject to the following:

a.

Review.

1.

Old Metairie Commission review. Applicants requesting a variance shall apply initially to the Old Metairie Commission (OMC). The OMC shall review the proposed variance for neighborhood compatibility by determining compliance with the design guidelines of this article and considering the views of abutting property owners.

2.

BZA review. The BZA shall not review or grant a variance under this section unless the proposed variance has received a recommendation of approval from the OMC. Upon receiving a recommendation of approval, the BZA shall review the technical aspects of the proposed variance as shown on plans submitted by design professionals identified in this section. Technical aspects include, but are not limited to, impacts to the applicant's lot and the abutting lots with regard to drainage, protected trees, fill runoff, and construction design.

3.

Notification and letters of no objection. With the application for Old Metairie Commission review, the applicant shall notify, via certified mail, all abutting property owners of the proposed variance.

b.

Criteria.

1.

Retaining walls. The BZA shall not grant a variance to retaining walls located in the front yard, retaining walls located on the front lot line, or retaining walls located on the side or rear lot lines that exceed twenty-four (24) inches in height.

2.

Fill containment. The BZA shall not grant a variance to the requirement that all fill shall be contained on-site during construction with appropriate containment methods as per the silt fencing regulations established in this district.

c.

Submittals.

1.

Abutting property owners. The applicant shall submit letters from all abutting property owners to the OMC and BZA, prior to the respective public hearings, stating either no objection or a valid objection in compliance with the following criteria:

i.

Objection must be made in writing and signed by the abutting property owner(s) objecting to the proposed variance.

ii.

Objection must be received in the planning department office within ten (10) working days of date on certified letter notifying abutting property owner(s) of application for the proposed variance.

iii.

All letter(s) to the planning department objecting to the proposed variance must specify the abutting property owner's concerns regarding the specific impacts the proposed variance may have on the abutting property. Objections to application shall be considered valid only if related to the following:

A.

Loss of tree canopy.

B.

Loss of tree(s) on abutting property.

C.

Loss of street trees.

D.

Drainage problems for abutting property.

E.

Drainage problems for neighborhood.

F.

Other potential demonstrable damage to abutting property.

2.

Design professionals. Letters from the following design professionals, stating that the proposed variances will not adversely affect the abutting properties, shall be submitted by the applicant to the Old Metairie Commission prior to the OMC public hearing:

i.

Architect recommendation. An architect licensed by the State of Louisiana shall recommend the variance proposal and deem the proposal necessary as an alternative to the fill and foundation requirements of this section.

ii.

Landscape architect certification. Variance proposals shall be certified by a landscape architect licensed by the State of Louisiana that street trees, on-site trees, and trees on abutting properties shall not be adversely affected by the construction of a chain wall and terraced fill; however trees approved for removal by the Old Metairie Commission, subject to tree protection guidelines of this district, shall not require certification.

iii.

Civil engineer certification. A civil engineer licensed by the State of Louisiana shall certify that the use of fill and chain wall alternative shall not adversely affect the drainage of abutting properties, and shall submit the following:

A.

Certified plans and specifications for chain walls.

B.

A certified topographic survey of the fill contours and the design and construction details for any chain walls.

C.

A drainage plan showing containment of all runoff from the filled site from impacting abutting properties.

(Ord. No. 23201, § 2, 12-12-07; Ord. No. 24169, § V, 12-7-11)