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ST. TAMMANY PARISH COUNCIL
                                    
ORDINANCE

                                        
ORDINANCE CALENDAR NO. 2819     ORDINANCE COUNCIL SERIES NO. 04-

COUNCIL SPONSOR: Gould/Impastato/Billiot    PREPARED BY: COUNCIL OFFICE

INTRODUCED BY MR. GOULD     SECONDED BY MR. IMPASTATO
            
ON THE 1ST DAY OF APRIL 2004.
             

        ORDINANCE TO IMPOSE A SIX-MONTH MORATORIUM ON THE RECEIPT OF SUBMISSIONS BY THE PLANNING COMMISSION FOR THE OPENING AND/OR EXTENSION OF ANY UNOPENED PARISH RIGHT OF WAY WITHOUT THE INSTALLATION OF CENTRAL WATER AND COMMUNITY SEWERAGE FOR PROPERTIES LOCATED WITHIN COUNCIL DISTRICTS 5, 7 AND 10, UNINCORPORATED ST. TAMMANY PARISH (WARDS 3, 4, 6, 7, 9 AND 10)

    WHEREAS, the lack of regulation prior to July 28, 1967 permitted the platting of numerous subdivisions with lots of less than 50 feet in width; and

    WHEREAS, the provision of sewage disposal and water for properties located within these areas is predominantly provided by on-site sewage treatment systems and private wells; and

    WHEREAS, building sites for properties located in these areas generally lack the size necessary for the installation of on-site sewage treatment systems with no off-site discharge; and

    WHEREAS, the occupancy, density, and nearness of residential and commercial properties located in these areas result in a significant amount of treated sewage effluent being discharged in proximity to private wells and into the Parish's drainage ways; and

    WHEREAS, said poorly treated sewage effluent is nonpoint source pollution, the cumulative effect of which puts at risk the health, safety, and welfare of the public and the environment; and

    WHEREAS, it is in the best interest of public health and the environment that there be established a moratorium on the receipt of submissions by the Parish Planning Commission for the opening and/or extension of any unopened Parish right of way without the installation of central water and community sewerage for properties located within Council Districts 5, 7, and 10, unincorporated St. Tammany Parish, all as set forth hereinafter.

    THE PARISH OF ST. TAMMANY HEREBY ORDAINS that, in accordance with Section 2-14 of the Home Rule Charter, the Parish Council imposes a six-month moratorium on the receipt of submissions by the Parish Planning Commission for the opening and/or extension of any unopened Parish right of way without the installation of central water and community sewerage for properties located within Council Districts 5, 7, and 10, unincorporated St. Tammany Parish, Ward 3, 4, 6, 7, 9 and 10.
    
    BE IT FURTHER ORDAINED that the moratorium herein imposed may be vacated, in whole or in part, by Resolution of this governing body pursuant to Chapter 5, Article II, Section 5-056.00 of the Parish Code of Ordinances.
                    
    BE IT FURTHER ORDAINED that this Ordinance shall be effective immediately upon final adoption and remain in effect through November 6, 2004.

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


                            ORDINANCE CALENDAR NO. 2819

                            ORDINANCE COUNCIL SERIES NO. 04-

                            PAGE 2 OF 2

    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.

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

MOVED FOR ADOPTION BY: , SECONDED BY:

YEAS:     

NAYS:     

ABSTAIN:     

ABSENT:     

    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: April 8 , 2004

Published Adoption: , 2004

Delivered to Parish President: , 2004 at

Returned to Council Clerk: , 2004 at