§ 89-55. Subdivision plats, generally.

Purpose: these regulations implement the Comprehensive Plan and this chapter by —

•  establishing a procedure to approve plats and maps that subdivide or resubdivide real property, and

•  examining subdivision plats and maps to ensure that they comply with this chapter; and

•  protecting the health, safety and general welfare of the people of the City and Parish of Lafayette and their property.

These subdivision regulations are authorized under R.S. 33:101—33:119, as amended, and this ordinance is declared to be in accordance with all provisions of those statutes.

(a)

When does this process apply?

(1)

Except as provided below, this division applies to any "subdivision" as defined in La. R.S. 33:101, i.e.:

"Subdivision" means the division of a lot, tract, or parcel of land into two or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale or of building development, and, with regard to parishes, for the purpose of sale or of building development for purposes other than agricultural. It includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.

"Resubdivision," in addition to being synonymous with "subdivision", means and shall also include the consolidation of two or more lots, plats, tracts, parcels, or other divisions of land into one or more lots, plats, tracts, parcels, or other divisions of land.

(2)

This division does not apply to any subdivision exempt from regulation by LRSA Title 33, Chapter 1, Part 4, Subpart A, but only to the extent that the statute provides an exemption.

(3)

This division applies to all lands located within —

a.

The legal boundaries of the City of Lafayette as now exists or as may subsequently be changed by future annexation, and

b.

The unincorporated areas of Lafayette Parish.

(b)

How does the overall process work?

(1)

The purpose of these subdivision processes is to assure the orderly development of property and reduction of blight in existing neighborhoods within the City of Lafayette and unincorporated Lafayette Parish. The requirements for approval set forth in this division do not imply an inherent right to subdivide property or to create building sites except as consistent with the public health, safety and welfare of the entire community. It is intended that the review processes of this division and any decision to approve a subdivision plat shall include an evaluation of all aspects that might relate this decision, including but not limited to: infrastructure capacity or impact, current growth management policies, traffic congestion, and environmental impacts. Moreover, it is specifically within the authority of the planning and zoning commission to require specific improvements, easements or other limitations to development rights that further these public interests as a condition of an approval.

(2)

There are two steps for subdivision plat review:

a.

Preliminary plat approval by the planning and zoning commission, and

b.

Final plat review by the PZD prior to recording the plat.

(3)

The usual type and sequence of actions is as follows:

a.

The planning and zoning commission—

1.

Approves or tentatively approves the preliminary plat with conditions, or

2.

Defers approval of the preliminary plat until the next regular meeting (not to exceed 60 days) if necessary, and

3.

Approves, approves with conditions, or disapproves the preliminary plat.

b.

The final plat is submitted to PZD for recording.

(4)

The planning and zoning commission may allow the concurrent processing of preliminary plats and final plat if —

a.

A preliminary plat has expired and the resubmitted plat is prepared in final form in full compliance with the previous approval conditions, and no changes are proposed within the original plat boundary. This only allows concurrent processing, but not approval. The resubmitted plat must comply with all regulations in effect when it is resubmitted.

b.

The plat is prepared in final form and covers a single tract or unrestricted reserve contained within a general overall plan or street dedication plat previously approved by the commission, and where no new or additional streets or lots are proposed to be created and established.

c.

An application is received containing an instrument to vacate a subdivision to convert it to acreage rather than replat or resubdivide the property.

d.

The plat is a correction plat.

e.

The plat submitted contains five lots or less.

f.

The entire subdivision fronts on an existing dedicated, constructed, and accepted parish or municipal street or road.

g.

The planning and zoning commission finds that other special circumstances exist, after considering the question of special circumstances at a public meeting.

(5)

The applicant for a subdivision approval has the burden of proof to demonstrate full compliance with the applicable requirements of this chapter.