3.2.11 Final Subdivision Plan Approval (All Types)

For all subdivision types, the following shall be required for the City Planning Commission staff to grant final approval to the subdivision:

1. Agency Approvals. The applicant shall have addressed all agency review comments from Section 3.2.5.

2. Property Tax Payment. The property owner shall pay all delinquent property taxes prior to Final Subdivision Plan Approval. If there are unpaid property taxes, then approval of the Chief Administrative Office and/or the Finance Director shall be required.

3. Proviso Compliance. The applicant shall submit documentation addressing all of the provisos that were part of the City Planning Commission’s approval.

4. Landscape Plan Approval. If required as part of the subdivision, the applicant shall have a landscape plan approved by the Department of Parks and Parkways for the installation of parkway trees in the public right-of-way. The trees shall be installed prior to the issuance of the Certificate of Occupancy for the principal structure on the adjacent lot.

In addition to the requirements above, the following items are required for the City Planning Commission staff to grant final approval of Major Subdivisions that will create new streets or public improvements/infrastructure:

5. Completion of Infrastructure Improvements. All infrastructure improvements (streets, sidewalks, water, sewer, drainage, sidewalks, utilities, stormwater management best management practices, etc.) must be completed subject to the approval of the appropriate agency. If the applicant is proposing private streets, then approval of the agencies is required. If the applicant is proposing public streets, then the agencies shall accept the improvements. Alternatively, if the applicant is proposing public streets, then the applicant can provide adequate bonding in lieu of completing the streets prior to the Final Subdivision Plan approval. The applicant shall include the estimated cost(s) for each of the improvements in the bond (letter of credit). That cost estimate shall be approved by the applicable agency, and the Bond/Letter of Credit must be approved by the Departments of Law and Purchasing.

6. Street Dedication and Dedication of Other Improvements or Land. If the applicant desires to dedicate streets or other improvements (playgrounds, parks, recreation parcel, etc.) to the public, such intent shall be indicated in the Letter of Request for approval of the subdivision plan, and all such parcels and uses clearly marked on the Subdivision Survey Plan submitted as part of the application. If such a dedication is approved by the Commission and shown on the Preliminary Subdivision Plan Approval, a dedication plan and a draft of the ordinance authorizing dedication shall be submitted to the Division of Real Estate and Records and the Commission for review and approval. If the submitted plan and ordinance are in accordance with the approved plans and specifications, the draft of the Ordinance shall be submitted to the City Council for consideration and adoption. All property offered for dedication shall be free and clear of all liens and encumbrances, and title insurance shall be issued prior to actual acceptance and recordation.

7. Covenants and Agreements. If common space, recreational areas, communal facilities, stormwater management lots, private streets, and/or other improvements within the proposed subdivision are to be privately owned and not offered for dedication to the City, the Applicant shall submit agreements, covenants, or other legal instruments stating the ownership and setting forth the manner and means for permanent care and maintenance of the stated common spaces, etc., for review and approval of the Law Department and City Planning Commission. The responsible party for the care and maintenance should be a Homeowner’s Association (HOA) or a similar entity that has a long-term interest in the subdivision. If approved, the documents shall be recorded at the Land Records Division of the Clerk of Civil District Court. Reference to recorded covenants or any agreements shall be indicated on the Final Subdivision Plan prior to its recordation.

Sewer and water facilities located within private streets or private servitudes shall not become the property of the Sewerage and Water Board. The Homeowner’s Association or other party responsible for care and maintenance may enter into an agreement with the Sewerage and Water Board for maintenance of the facilities, with the Home Owner’s Association or other responsible party paying the cost of any work. Alternatively, the Homeowner’s Association may hire a private contractor to perform maintenance.

8. Requirements for Infrastructure Improvements. Plans for the improvements required in Section 5.3 shall be prepared by a licensed and registered engineer or surveyor, as applicable. The improvements listed below in Section 5.3 shall be installed prior to the approval of the Final Plan.  All public utilities and facilities, such as sewer, gas, electrical, and water systems, shall be located and constructed to minimize or eliminate flood damage. 

1. Self-Imposed Restrictions. If the owner places restrictions on any of the land contained in the subdivision greater than those required by the Zoning Ordinance or these regulations, such restrictions or reference to those restrictions shall be indicated on the subdivision plan and Restrictive Covenant specifying the restrictions recorded at the Land Records Division of the Clerk of Civil District Court . It will not be a duty of the City to enforce the self-imposed restrictive covenants.

10. Municipal Numbers and Street Names. Prior to the Final Subdivision Plan approval, municipal numbers not existing shall be assigned by the Department of Safety and Permits, and placed on the Final Subdivision Plan. Names of all new streets shall be done in accordance with the City Planning Commission’s street naming policy, which is found in the New Orleans City Planning Commission: Administrative Rules, Policies, & Procedures.
11. Demolition Permit. When a subdivision is predicated upon demolition of a structure, a demolition permit must be approved by the Department of Safety and Permits, the structures must be removed, and the demolition inspected by the Department of Safety and Permits prior to final approval being granted by the City Planning Commission

Final approval by the City Planning Commission shall be indicated by the Executive Director’s, Deputy's Director, or Planning Administrator's signature on the City Planning Commission’s stamp on the Final Subdivision Plan.