§ 89-59. Acceptance of improvements for perpetual maintenance.

(a)

When does this process apply?

(1)

These procedures apply to all subdivision applications with public improvements or right-of-way relative to land which the LCG has jurisdiction.

(2)

For purposes of this section, a "dedication" means the appropriation of land by the owner to some public use.

(3)

This section establishes the procedures to transfer the maintenance of the development's improvements as granted to the public from the developer to LCG.

(4)

A public and/or private street, utility or other servitude, right-of-way or other right granted to the public, is established when designated on a final plat. The recorded plat does not establish an obligation of perpetual maintenance by the governing body.

(b)

How do I start the process?

(1)

An act of dedication shall be submitted to the administrator in compliance with appropriate submission requirements.

(2)

Property is to be dedicated at the time of plat approval, the dedicated public or private property shall be shown on the plat submitted for recordation.

(3)

The plat shall contain the information required for final plats generally, and, with regard to the areas dedicated, shall contain the additional data required by article 10.

(c)

How do I know if the act of dedication is complete? See section 89-48. No application is required.

(d)

What kind of public notice is required? Formal public notice is not required.

(e)

How are decisions made?

(1)

Water, sewer, and electricity.

a.

The administrator will forward the proposal to the LUS, for the approval authority for utilities under its jurisdiction.

b.

The LUS shall either accept or reject the offer of dedication.

(2)

Streets and drainage.

a.

Prior to completion of the one-year warranty period, the developer shall notify the PW, in writing and request an inspection.

b.

The PW shall inspect the improvements and shall provide the developer a list of items to be completed or corrected. The PW will then reinspect the improvements and, when the items are completed, provide a letter to the PZD that they are accepting maintenance of the improvements, and a report to the planning and zoning commission.

c.

The planning and zoning commission will consider the report and render a decision as to whether to accept the improvements.

(3)

Until the developer has obtained written acceptance for perpetual maintenance of the improvements, the developer is responsible for all maintenance and repair to the improvements. The planning and zoning commission will not consider perpetual maintenance by LCG until one year has elapsed since the plat is recorded, and then only if the improvements pass inspection and are accepted in writing by the PW.

(4)

If public infrastructure failure or deficiency occurs within one year of the date that the plat is recorded (the warranty period), the developer shall perform satisfactory repairs prior to acceptance for perpetual maintenance. Acceptance for perpetual maintenance will not be considered for any development with an outstanding letter of credit associated with the public infrastructure (i.e. roadway, drainage, sidewalks, street lights, etc.)

(5)

After LCG accepts the improvements for perpetual maintenance, a certificate identifying the public street(s) or other improvement which have been accepted for perpetual maintenance shall be recorded with the Clerk of Court of Lafayette Parish.

(f)

What are the criteria for approval?

(1)

Acceptance by LUS for the perpetual maintenance of utilities systems requires certification of the engineer that all improvements are complete and in compliance with LUS standards. This requirement applies to all subdivisions and commercial building sites.

(2)

Construction quality control. For a subdivision to be recommended for acceptance by PW, certification must be received from the design engineers that the subdivision and the commercial building site was constructed according to the approved construction plans.

a.

The latest edition of LCG's "Standard Specifications for Roads, Drainage, Bridges and Other Infrastructure Improvements" shall be used as a guide for construction quality. However, since LCG does not inspect the construction of developments, the construction tolerances stated in the standard specifications do not apply. The design engineers must certify the completeness and acceptance of the improvements.

b.

The developer shall retain the inspection service of the design engineering firm or independent testing laboratory to assure compliance with construction plans and specifications and standard construction practices for the following nonexclusive particulars:

1.

Back-fill of culverts or utility lines crossing roadway;

2.

Compaction of roadway sub-grade;

3.

Processing of road base, including application of lime if deemed necessary;

4.

Installation of storm sewers, especially line and grade;

5.

Roadway surface construction;

6.

Post-construction testing of water and sewerage collection system;

7.

Resident inspection of water, wastewater, and electrical systems for the acceptance of LUS.

c.

The cost of inspection services shall be borne by the developer. All test results shall be reported to PW and LUS with copies to the developer and/or his representative.

d.

A certified inspector shall be present at the asphalt or concrete batch plants whenever material is prepared for use in construction of the development infrastructure and shall certify that the material used was of approved quality and in conformity with the specifications.

e.

PW shall be notified when construction of a subdivision commences and when base course (if asphaltic concrete is used) construction is to be done.

f.

The developer's design engineer shall submit the geotechnical reports and recommendations for the roadway typical section(s) to PW before construction of the soil cement base course.

g.

Laboratory testing reports shall be approved by the developer's design engineer and provided to public works. Required reports are as follows:

1.

Atterberg limits of soil at the base course grade;

2.

Lime and/or cement determination for base course;

3.

Compaction tests of road sub-grade and base course;

4.

Design mix for asphaltic concrete;

5.

Design mix for Portland cement concrete;

6.

Compressive strength testing for structural concrete and concrete pavement;

7.

Coring of roadways.

(3)

The design engineer shall certify as acceptable and submit to the city-parish engineer for approval of materials to be used for storm sewers.

(g)

What are my next steps?

(1)

A dedication shall irrevocably vest the public with title to the items so dedicated, subject to the right of the governing authority to abandon, revoke or dispose of any public property or dedication. This is done at final plat recordation when the act of dedication is recorded.

(2)

When a private street is established in a subdivision, the designated private street shall be owned by the developer or another private entity or entities.

(3)

Nothing contained herein shall operate to negate or alter the provisions of R.S. 33:5051, or any other statutory provisions relative to dedication or the jurisprudence interpreting same.