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ST. TAMMANY PARISH COUNCIL

ORDINANCE

ORDINANCE CALENDAR NO. 2683     ORDINANCE COUNCIL SERIES NO.                                     
COUNCIL SPONSOR: MR. BILLIOT     PROVIDED BY: COUNCIL OFFICE

INTRODUCED BY: MR. STEFANCIK     SECONDED BY: MR. BAGERT

ON THE 7TH DAY OF AUGUST 2003.

    ORDINANCE TO AMEND PARISH CODE OF ORDINANCES, APPENDIX C, ORD. NO. 523 LAND USE REGULATIONS, TO PROVIDE FOR ADDITIONAL REQUIREMENTS IN ZONING DISTRICT STANDARDS REGARDING REZONING AND CONDITIONAL USES OF PROPERTY THAT HAVE A REASONABLE POTENTIAL TO ADVERSELY AFFECT NATURAL AND SCENIC RIVERS (ZC03-10-062)

    WHEREAS, the Legislature of Louisiana has established the Louisiana Natural and Scenic Rivers System for the express purposes of (1) preserving, protecting, developing, reclaiming, and enhancing the wilderness qualities, scenic beauties, and ecological regime of certain free-flowing streams or segments thereof and (2) for the purpose of preserving aesthetic, scenic, recreational, fish, wildlife, ecological, archaeological, geological, botanical, and other natural and physical features and resources found along these streams or segments thereof; and

    WHEREAS, the following rivers, or segments thereof, located within St. Tammany Parish, are currently included in the Natural and Scenic Rivers System: The Bogue Chitto River from the Louisiana-Mississippi state line to its entrance into the Pearl River Navigation Canal; the Tchefuncte River and its tributaries from its origin in Tangipahoa Parish to its juncture with the Bogue Falaya River; the Tchefuncte River from the Bogue Falaya River to Louisiana Highway No. 22, excluding tributaries thereto from the Bogue Falaya south to Louisiana Highway No 22; the Tchefuncte River from the Highway 22 bridge to Lake Pontchartrain (except as otherwise excluded); the West Pearl River from the state line to its entrance into Lake Borgne; Homes Bayou; Bradley Slough (Bayou); Wilson Slough (Bayou); Morgan River from its juncture with the Porters River to its reentry into the West Pearl River; Bayou Lacombe from its headwaters to Lake Pontchartrain; Bayou Cane from its headwaters to Lake Pontchartrain; the Bogue Falaya River from its headwaters to Louisiana Highway 437; Bayou Chinchuba from the West Causeway Approach south to Lake Pontchartrain; and the Abita River; and

    WHEREAS, the state has required that in all planning for the use and development of water and water-related land resources consideration shall be given by local, state and federal agencies to the potential natural and scenic river areas, and all plans should discuss such potential and all economic evaluations should consider aesthetic values as well as monetary values; and

    WHEREAS, the St. Tammany Parish Council, as the final zoning authority in St. Tammany Parish, recognizing the unique character, quality and value of the waterways included in the Natural and Scenic Rivers System and all properties situated along these natural and scenic rivers, and in order to preserve, promote and protect the scenic qualities, wildlife, recreational, ecological, botanical and other natural and physical features, and in order to insure compatible uses and development of such property, so as to maintain the natural and physical features and aesthetic values of the property situated along and accessible to the natural and scenic rivers in St. Tammany Parish.

    THE PARISH OF ST. TAMMANY HEREBY ORDAINS to amend all zoning districts of the St. Tammany Parish Land Use Ordinance to provide for the following additional requirements in the district standards of each zoning district concerning property that has a reasonable potential to affect natural and scenic rivers:


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    Rezoning and Conditional Uses of Property Affecting Natural and Scenic Rivers:

    Whenever application is made for rezoning or to be granted a conditional use of property that is situated along a waterway included in the Natural and Scenic Rivers System, or for the rezoning or conditional use of property which has been determined to have the potential for an adverse impact on such waterways, or on any property situated thereon, in addition to complying with all other applicable provisions of the St. Tammany Parish Land Use Ordinance, the following provisions and requirements shall apply:

    1) The applicant for rezoning shall comply with all rules and regulations governing the applicable zoning district.

    2) The applicant for a conditional use permit shall comply with the minimum standards for conditional uses in Section 3.02

    3) All applicants shall file a copy of all permits required by the state, a state agency and the federal government.

    4) Prior to any final decision on any application for a permit for those activities that may have the potential for significant impact on such waterways or property, a written evaluation, by the Department of Planning, shall be made of the impact that the activities may have on the unique character and value of such waterways and properties and upon the unique scenic qualities, wilderness qualities, wildlife, recreational activities, ecology, botanical qualities, other natural and physical features and economics.

    5) The evaluation and final determination on any such application should insure compatible uses and development of such property, so as to maintain the natural and physical features of the waterways that are included in the Natural and Scenic Rivers system and the aesthetic values of the property situated along and accessible to the natural and scenic rivers in St. Tammany Parish.

    REPEAL: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.

    SEVERABILITY: If any provision of this Ordinance shall be held to be invalid, such invalidity shall not affect other provisions herein which can be given effect without the invalid provision and to this end the provisions of this Ordinance are hereby declared to be severable.

    DATE OF ENACTMENT: This Ordinance shall become effective fifteen (15) days after adoption.

    MOVED FOR ADOPTION BY , SECONDED BY

    WHEREUPON THIS ORDINANCE WAS SUBMITTED TO A VOTE AND RESULTED IN THE FOLLOWING:

YEAS:

NAYS:

ABSTAIN:

ABSENT:


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    THIS ORDINANCE WAS DECLARED DULY ADOPTED AT A REGULAR MEETING OF THE PARISH COUNCIL ON THE DAY OF 2004 AND BECOMES ORDINANCE COUNCIL SERIES NO. 04- .

                            
                            PATRICIA BRISTER, COUNCIL CHAIRMAN

ATTEST:


DIANE HUESCHEN, COUNCIL CLERK

                            
                            KEVIN DAVIS, PARISH PRESIDENT

    

Published introduction: , 2004
Published adoption: , 2004

Delivered to Parish President: , 2004 at
Returned to Council Clerk: , 2004 at