5.3 Requirements for Infrastructure Improvements

The improvements listed below shall be installed prior to approval of the Final Plan.

5.3.1 Assurance for Completion of Improvements   

1. Bond. In lieu of the completion of the improvements, the subdivider shall file a surety bond with the Commission to secure the actual installation of sewer, water, sub-surface drainage, paving of streets, and sidewalk intersections in a satisfactory manner, within a period not exceeding two years from the Preliminary Plan approval date.  Monuments (permanent markers) may be in a separate bond.  All such bonds shall be in an amount adequate to cover the cost of the improvements, as determined by the Commission, with surety and conditions satisfactory to the Commission.

Surety bonds for the installation of electrical and telephone distribution systems may be waived in those instances where franchised utility companies and the subdivider certify that satisfactory financial arrangements between the subdivider and the franchised utility companies have been made and that the said utilities will be installed in accordance with the requirements of this section.

2. Maintenance of Common Areas or Facilities.  For a subdivision which contains sewers, sewage treatment plants, water supply systems, stormwater management systems, park areas, street trees or other physical facilities necessary or desirable for the welfare of the area, or that are for common use or benefit, which are not or cannot be satisfactorily maintained by any existing public agency, provision shall be made by trust agreement for the proper and continuous maintenance and supervision by the subdivider of such facilities.  The trust agreement shall become a part of the deed restrictions, acceptable to any agency having jurisdiction over the location and improvement of such facilities. (see Section 3.2.11.g and i).

5.3.2 Phasing of the Development and Improvements   

The owner of the tract may prepare and secure tentative approval of a subdivision plat of the entire area and may install the above improvements only in a portion of such area, but the improvements must be installed or bond posted to cover such installations in any portion of the area for which a final plan is approved for recording.  The owner may only sell or lease, or offer for sale or lease, lots located in the improved portion of said property, provided, however, that streets, trunk sewers and sewage treatment plants and other utilities are either designed and built to serve the entire area or designed and built in such a manner that they can be expanded easily, or extended, as the case may be, to serve the entire area.

5.3.3 Permanent Markers   

All intersections of the subdivision boundary property line and all intersections of street property lines within the subdivision shall be marked with permanent monuments.  Monuments of ferrous material must have at least a one-half inch diameter, and must be at least 18 inches in length (longer in soft or unstable soil). Concrete monuments shall be at least 4 inches in width by 24 inches in length, reinforced with an iron rod at least one-fourth inch in diameter.  All monuments shall contain a precise mark on top indicating the exact location of the corner. Should conditions prohibit the placing of monuments in line, off-set marking will be permitted, provided, however, that exact off-set courses and distances are shown on the subdivision plat.  Where a benchmark is not existing within reasonable distance, a permanent benchmark shall be accessibly placed, the elevation of which shall be based on the North American Datum of 1983 (NAD 83) for horizontal control and the North American Vertical Datum of 1988 (NAVD 88) for vertical control, as determined by the National Geodetic Survey (NGS), and accurately noted on the subdivision plat.

5.3.4 Street Improvements   

1. All streets (private or public) shall be prepared in accordance with the City of New Orleans, Department of Public Works “Roadway Design Guide” latest revision, with construction work supervised by a registered Civil Engineer.  The type of surfacing shall be determined by the Department of Public Works and the Department’s approval shall be indicated by the stamp and signature on all such plans. All grading, surfacing and sidewalk intersection construction must be completed prior to final acceptance by the Department of Public Works. On all streets, offered or not-offered for dedication,  it shall be the duty of the subdivider to furnish to the Department of Public Works a certificate from a registered engineer certifying that such streets have been constructed under his/her supervision and in accordance with the specifications furnished by the Director of the Department of Public Works.
2. Reservation of Land.  There shall be no reservation of land that is intended for future dedication to street or other public use except where the control over the reserved land is placed in the appropriate governing body under conditions approved by the Commission.

5.3.5 Water Lines   

a. Public Water Supply System. If water house connections are not available to serve each lot in the proposed subdivision, the property owner is responsible for their installation. All water facilities located within dedicated public streets will become the property of the Sewerage & Water Board upon final inspection and final dedication of the street.

For any individual lot of record, the property owner shall bear all costs, inclusive of meter boxes, for initial connections extended from the sewer and water main to the property line. Any additional costs from the property line to on-site facilities including but not limited to expanded connections or new or additional meter boxes, shall be installed and maintained at the cost of the property owner.

Each owner may contract with a licensed plumber in the state of Louisiana for the installation of connections and any subsequent work, but all such work shall be subject to the regulation, inspection, and control of the board.

In the event that the Sewerage & Water Board performs physical work that causes a disruption of the water or sewer connection from the main to the property line, including but not limited to proactive repairs, moving or replacing a meter box, or replacing a lead water line, the Sewerage & Water Board shall bear the cost of repairing the disrupted connection.

For lots of record developed in compliance with the voluntary inclusionary zoning provisions of the Comprehensive Zoning Ordinance, as certified by the Director of the Department of Safety and Permits, the board shall bear the cost of the initial connections from the sewer and water main to the property line. All other provisions of this Section shall remain in effect.

b. Private Water Supply System. Pending availability of a public water supply, the subdivider shall construct a private water supply system in such a manner that an adequate supply of potable water will be available to every lot within the subdivision.  The source of water supply and the distribution system shall comply with the requirements of the Sanitary Code of the State of Louisiana for a public water supply system and is subject to approval by the Louisiana Department of Health and Hospitals, Office of Public Health, City Sanitarian.  It is understood, however, that there shall be no obligation, on the part of the Sewerage and Water Board, to incorporate the said private system of water supply, or any part thereof, into any public system of water supply that may be built in the future.

5.3.6 Sewers   

1. Extension of Public Sanitary Sewer.  If the subdivision is so located that it can reasonably be served by the extension of an existing public sanitary sewer, the subdivider shall enter into an agreement with the Sewerage and Water Board for the extension of the said sewer so that sanitary sewer service shall be available for each lot within the subdivided area. All sewer facilities located within dedicated public streets will become the property of the Sewerage and Water Board upon final inspection and final dedication of the street.
2. Individual Sewage System.  Where no sewers are accessible the subdivider shall secure a written permit from the Louisiana Department of Health and Hospitals, Office of Public Health, to install septic tanks or other mechanical means of sewage disposal for each lot or group of lots, provided that such septic tanks or similar mechanical means of sewage disposal must be approved by the Office of Public Health, City Sanitarian, and shall be installed in accordance with the Sanitary Code of the State of Louisiana, as amended.  For Major Subdivisions, an individual sewer system must be installed prior to final approval of the plat. On-site waste disposal systems are to be located to avoid impairment to them or contamination from them during flooding (see Appendix 4).

5.3.7 Drainage   

All drainage structures shall be constructed in accordance with plans and specifications approved by the Department of Public Works, the Department of Safety and Permits, and Sewerage and Water Board, and no new subdivision shall increase the runoff to any adjacent property.

Drainage facilities of 36 inches in diameter or greater located within dedicated public streets will become the property of the Sewerage & Water Board upon final inspection and final dedication of the street. (see Appendix 3).  Drainage facilities of less than 36 inches in diameter will become property of the Department of Public Works.

5.3.8 Electrical, Telephone and Cable Communications Systems   

1. Underground wiring services from an underground distribution system located within a public or private street right-of-way shall be provided for all subdivision and/or resubdivision of land involving new streets.  Such systems shall provide underground wiring services to each lot.  All such underground wiring systems shall be in accordance with the requirements of the Mayor’s Office of Utilities, the Council Utility Regulatory Office, or successor entities.  This section shall apply to all cables, conduits or wires used as feeders, primaries, secondaries or similarly designated conductor systems forming part of an electrical distribution system; provided further that it shall not apply to wires or conductors, and associated apparatus and supporting structures, whose exclusive function is the transmission of electrical energy between generating stations, substations and transmission lines or other utility systems.
2. Underground wiring services from an underground distribution system shall be provided for Street Lighting Systems which must be designed in accordance with the Illuminating Engineering Society of North America, ANSI, AASHTO, and IEEE standards and installed in accordance with the requirements of the Department of Utilities under the conditions set forth above in Section 5.3.9.a.
3. Subdivisions located in Heavy Industrial Zoning Districts will be exempted from the above requirements of underground electrical and telephone distribution systems, provided such subdivisions will be serviced by overhead utilities located within servitudes along rear or side lot lines.  Such overhead utility systems shall be mounted on poles without cross arms or extensions.
4. Underground cable communication system service from an underground distribution system located within a street right-of-way shall be provided for all subdivision and/or resubdivision of land involving new streets.  Such systems shall be installed so as to provide the opportunity of underground cable communications to each lot.  All such underground cable systems shall be in accordance with the applicable regulations and subject to approval by the Department of Utilities.