§ 40-749. Regulations for the enclosing of private canals on commercial property with public drainage servitude.

(a)

General. Only developments with privately owned canals that have Parish servitude, within the development site, shall be allowed to enclose, modify or relocate the entire length of the canal or parts of the canal within the development site, subject to the criteria in paragraph (b), listed below.

(b)

Criteria for review:

(1)

Consistency with master drainage plan. All requests to enclose, modify or relocate canals must be consistent with the Master Drainage Plan for Jefferson Parish, as determined by the director of public works and citizens drainage advisory board. Developments which are determined to reduce below existing capacity or eliminate the drainage capacity of a canal shall not be permitted to enclose, modify or relocate canals within the development site. Requests not consistent with the master drainage plan and approved by the department of public works and citizens drainage advisory board shall not be brought before the council for consideration as a special permitted use.

(2)

Soil subsidence. All requests to enclose, modify or relocate canals must provide an evaluation of the soil and potential subsidence as a result of the proposed project. Any proposed project that will cause or worsen existing subsidence in the area will not be brought before the council for consideration as a special permitted use.

(3)

Permitted structures:

a.

No permanent structure, except parish owned bridges or buildings necessary for drainage or sewerage operations may be located over an enclosed canal structure or within the maintenance servitude of the modified or relocated portion of a canal. Only required parking, landscaping and fences shall be allowed over an enclosed canal or adjacent to the modified or relocated canal, subject to review and approval by the citizens drainage advisory board, the director of public works, and other appropriate parish agencies or departments.

b.

All buildings and structures on the development site must be adequately designed and constructed so as to prevent any undue pressure on the enclosed, modified or relocated portion of the canal. The developer will be held responsible for any damage to buildings or property adjacent to the site. Jefferson Parish will not be held responsible in the event of damage to the enclosed canal, including damage to buildings and structures constructed adjacent to the enclosed, modified or relocated canal. Any repair, alteration or modification required by the master drainage plan, to the enclosed, modified or relocated canal will be the responsibility of the developer or property owner.

(4)

Vehicular access. Developments which are adjacent to, across the street from or abut all or part of a residential use or zoning district, when enclosing, modifying or relocating canals, shall not be allowed vehicular access to the adjacent residential districts or uses. All vehicular traffic must be contained within the site and routed through the commercially zoned property.

(5)

Permitted height. All buildings within the development site shall be subject to the height restrictions set in the zoning district.

(6)

Setback from canal structure, relocation or modification. All buildings within the development site shall be set back from the edge of box culvert/canal structure a distance of thirty-five (35) feet from the edge of bank or as determined by the director of public works based on the site and the design of the commercial building and drainage structure.

(7)

Landscaping criteria. All developments located in the Commercial Parkway Overlay Zone (CPZ), which are adjacent to, across the street from or abut a residential district shall comply with the landscaping provisions for property abutting residential uses outlined in section 40-476, Commercial Parkway Overlay Zone. All developments located in the Mixed Use Corridor District (MUCD) shall comply with the landscaping provisions for property abutting residential uses outlined in section 40-446, Mixed Use Corridor District. Developments in other zoning districts shall comply with the landscaping provisions outlined in section 40-476, of the Commercial Parkway Overlay Zone.

(8)

Buffering criteria. All developments located in the Commercial Parkway Overlay Zone (CPZ), which are adjacent to, across the street from or abut a residential district shall comply with the buffer provisions for property abutting residential uses outlined in section 40-476, Commercial Parkway Overlay Zone. All developments located in the Mixed Use Corridor District (MUCD), shall comply with the buffering provisions for property abutting residential uses outlined in section 40-446, Mixed Use Corridor District. Developments in other zoning districts shall comply with the buffering provisions outlined in section 40-476, Commercial Parkway Overlay Zone. Additionally, on the perimeter(s) of the lot adjacent to abutting residential property, a continuous unbroken fence is required for the purpose of buffering off-street parking or other vehicular use areas exposed to the abutting residential property. All fences shall be made of wood, brick or masonry. No page fence shall be allowed.

(9)

Parish access to enclosed, modified or relocated canals. Jefferson Parish will maintain servitude adjacent to the enclosed, relocated or modified canal, as approved by the director of public works, for maintenance services. Should the parish need to remove anything on the development site in order to access any portion of the enclosed, modified or relocated canal, the cost of the removal and replacement shall be strictly the responsibility of the property owner.

(10)

Signs. No signs will be permitted on any portion of the enclosed, modified or relocated canal or maintenance servitude except for parking directional signs. Directional signs will be subject to the requirements of section 40-477 of this chapter.

(c)

Exemptions. The following are exempt from these special permitted procedures:

(1)

Culvert crossings at ingress/egress points of the commercial site; provided the flow meets or exceeds the master drainage plan criteria and is not reduced from its existing capacity as determined by the department of public works.

(2)

Privately owned ditches less than fifteen (15) feet in width measured from the top of the banks provided there is no reduction in existing flow and the flow meets or exceeds the master drainage plan criteria as determined by the department of public works.

(d)

Submittal guidelines.

(1)

Applications for special permitted uses shall be filed with the planning department as per Article XL, Special Permitted Uses.

(2)

A survey of the site showing all existing improvements and drainage features.

(3)

An engineering report on the proposed enclosure, modification or relocation which gives the existing and proposed capacity and flow of water through the proposed enclosure, modification or relocation of the canal as it relates to the Master Drainage Plan and the Corps of Engineers drainage model.

(4)

An engineering report assessing soil subsidence in the area of the proposed enclosed, modified or relocated canal area. This report will evaluate the potential soil subsidence during construction and after completion of the project. Any proposal that is determined to cause or aggravate subsidence in the area will not be considered by the council.

(5)

A bond shall be posted, in an amount determined by the director of public works, adequate to insure completion of the proposed project.

(6)

Liability insurance, in an amount approved by the director of public works and the citizens drainage advisory board, that will cover damage caused by soil subsidence as a result of the enclosing, modifying or relocating of the canal. The coverage will be maintained during construction and for two (2) years after completion.

(e)

Approval. Approval as a special permitted use is contingent upon review and approval of engineering plans by the director of public works and the citizens drainage advisory board. Approval is also required in accordance with the provisions of Article XL, Special Permitted Uses, of the Comprehensive Zoning Ordinance for Jefferson Parish. In addition to the criteria specified in Article XL, Special Permitted Uses, applications for special permitted uses shall contain any additional information required by the department of public works, planning advisory board, planning department, department of inspection and code enforcement and the Jefferson Parish Council. Proposals not consistent with the master drainage plan or proposals which would further exacerbate the soil subsidence of area properties and that approval by the department of public works and citizens drainage advisory board has not been granted shall not be brought before the council for consideration as a special permitted use.

(Ord. No. 20783, § 3(XX(13)), 9-22-99; Ord. No. 22962, § 15, 1-10-07; Ord. No. 24364, § LII, 11-7-12)