Public notices for February 19

Staff Writer
Gonzales Weekly Citizen

NOTICE OF A PUBLIC HEARING

NOTICE IS HEREBY GIVEN, that the Zoning Commission of the City of Gonzales will hold a Public Hearing on March 1, 2010 at 6:00 P.M. in the conference room at city hall to consider the request of Crescent City Daquiri for a special use permit to operate a Daquiri Shop at the northwest intersection of US 61 and N. Burnside Ave.

All interested parties are encouraged to attend.

Please Publish Friday February 12, 19, & 26.

Board of Adjustments

Public Hearing – February 23, 2010

The Board of Adjustments of Ascension Parish will hold a public hearing on February 23, 2010 at 6:00p.m. in the Courthouse Annex, Council Meeting Room 2nd Floor , at 828 S. Irma Gonzales, LA  to consider the following variances:

Zoning Review ID 2057.10 Lot 3 of the Matthew J. Gautreau Tract for Joseph & Lisa Miller

Located on the east side of Dee Gautreau approximately 750’ north of Cannon Road to request a variance of the Ascension Parish Development Code, Section 17-2073 Site Requirements (F) Purpose and Intent: Setback and yard requirements Table B Site Requirements by District, Residential.  Located in Section15, T-9-S, R-3-E, Southeastern Land, District East of the Mississippi River Ascension Parish, Louisiana

Zoning Review ID 2058.10 The Remainder of Tract 22-A-1-A Pelican Point Golf Community for Pelican Pont Properties, LLC

Located on the south side of Courtyard Drive approximately 300’west of Green Court to request a variance of the Ascension Parish Development Code, Section 17-2073 Site Requirements (F) Purpose and Intent: Setback and yard requirements Table B Site Requirements by District, Residential.  Located in Section 7, T-10-S, R-3-E, Southeastern Land, District East of the Mississippi River Ascension Parish, Louisiana

Zoning Review ID 2059.10 Lot 188 Trailerland for Danny Gautreau Sr. 

Located on the east side of Donna Street approximately 500’ north of Pauline Street to request a variance of the Ascension Parish Development Code, Section 17-2073 Site Requirements (F) Purpose and Intent: Setback and yard requirements Table B Site Requirements by District, Residential.  Located in Section 20, T-8-S, R-2-E, Southeastern Land, District East of the Mississippi River Ascension Parish, Louisiana

Zoning Review ID 2060.10 Tract 1  of the Renee M Williams Property for Renee M. Williams

Located on the south side of Highway 935 (Stringer Bridge Road) approximately 300’west of Tannis Road to request variances of the Ascension Parish Development Code, Section 17-2041 Secondary Residences and Section 17-2073 Site Requirements (F) Purpose and Intent: Setback and yard requirements Table B Site Requirements by District, Residential. Located in Section 30, T-9-S, R-4-E, Southeastern Land, District East of the Mississippi River Ascension Parish, Louisiana

Publish:

February 5, 2010

February 12, 2010

February 19, 2010

00010-INVITATION

Sealed bids will be received by Ascension Parish Purchasing Department, 120 East Railroad Street, Gonzales, Louisiana (P.O. Box 2392, Gonzales, Louisiana 70707) Tuesday, March 16, 2010, until 11:00 A.M., and then at said office publicly opened and read aloud for construction of the project described as follows:

Ascension Parish 2010-AO81-01

STATEMENT OF WORK:

This project consists of public roadway asphalt rehabilitation.  Construction shall include cold planning, asphalt patching, and asphalt overlay at various locations across the parish.

All Bids must be in accordance with the Contract Documents on file at the Parish of Ascension, Public Works Department, 42077 Churchpoint Road, Gonzales, Louisiana 70737.

Copies of Specifications, Bid Documents, Contract Documents and Construction Plans for use in preparing Bids may be obtained from the Ascension Parish Department of Public Works, 42077 Churchpoint Road, Gonzales, LA 70737, (225) 621-5743 upon payment of One Hundred Fifty Dollars ($150.00) dollars per set made payable to ASCENSION PARISH GOVERNMENT. Documents can be mailed to bidders for an additional $5.00 per set.  No refunds will be made for returned plans.

Where bids are to be received on forms furnished by the awarding authority, no contract documents shall be issued to anyone except a Licensed Contractor or his authorized Representatives.  In no event shall any documents for bidding be issued later than twenty-four (24) hours prior to the hour and date set for receiving bids.

Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his/her address, contractors’ state license number and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed to the Ascension Parish Purchasing Department, 120 East Railroad Street, Gonzales, Louisiana 70737 (P.O. Box 2392, Gonzales, Louisiana 70707)., mailed certified mail and must be received no later than the bid opening date and time.

Contractors desiring to bid shall submit to the Engineers, with their request for Contract Documents, contract documents deposit and evidence that they hold State License of proper classification and in full force and effect.

Bid security in the amount of five percent (5%) of the Total Bid must accompany each Bid, and shall be made payable to the Owner. 

The Owner reserves the right to waive any informalities or to reject any or all bids.

No bidder may withdraw his bid within forty-five (45) days after the actual date of opening thereof.

A Non Mandatory Pre-Bid Conference is scheduled for Monday, March 1, 2010 at 10:30 a.m. at the Department of Public Works, 42077 Churchpoint Road, Gonzales, LA 70737.

In addition to paper bids, electronic bids and electronic bid bonds for the followings project will be downloaded by the Ascension Parish Department of Public Works.  Electronic bids and electronic bid bonds must be submitted through http://www.centralauctionhouse.com/rfp.php?cid=69 prior to the electronic bidding deadline. 

All addenda, Amendments, Letters of Clarification, and Withdrawal Notices will be posted online in addition to paper copies being distributed.  Construction proposal information may be accessed via the internet at http://www.centralauctionhouse.com/rfp.php?cid=69.   Users must click on Login and create a New User Registration to view and download plans.  Once logged in, users must click on Ascension Parish Government to view current advertisement listings.  This listing is titled “Ascension Parish 2010-SC81-02”. Registered users will have access to view Project Information, submit a question concerning the project, and view the plans.  All project specific notices are found here.  It will be the responsibility of the bidder to check for updates.  All submitted questions will be forwarded by email to the Project Manager and the Project Engineer for a response.

The U.S. Department of Transportation (DOT) operates a toll free “Hotline” Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern Time.  Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should call 1-800-424-9071.  All information will be treated confidentially and caller anonymity will be respected.  

Ascension Parish Government shall not be responsibility if the bidder cannot complete and submit a bid due to failure or incomplete delivery of the files submitted via the internet.

Ascension Parish Government reserves the right to reject any and all bids for just cause.

ASCENSION PARISH GOVERNMENT

TOMMY MARTINEZ, PARISH PRESIDENT

WEEKLY-    Please publish 02/12, 02/19, 02/26

00010-INVITATION

Sealed bids will be received by Ascension Parish Purchasing Department, 120 East Railroad Street, Gonzales, Louisiana (P.O. Box 2392, Gonzales, Louisiana 70707) Tuesday, March 16, 2010, until 10:00 A.M., and then at said office publicly opened and read aloud for construction of the project described as follows:

Ascension Parish 2010-SC81-02

STATEMENT OF WORK:

This project consists of public roadway asphalt rehabilitation.  Construction shall include cold planning, asphalt patching, and asphalt overlay at various locations across the parish.

All Bids must be in accordance with the Contract Documents on file at the Parish of Ascension, Public Works Department, 42077 Churchpoint Road, Gonzales, Louisiana 70737.

Copies of Specifications, Bid Documents, Contract Documents and Construction Plans for use in preparing Bids may be obtained from the Ascension Parish Department of Public Works, 42077 Churchpoint Road, Gonzales, LA 70737, (225) 621-5743 upon payment of One Hundred Fifty Dollars ($150.00) dollars per set made payable to ASCENSION PARISH GOVERNMENT. Documents can be mailed to bidders for an additional $5.00 per set.  No refunds will be made for returned plans.

Where bids are to be received on forms furnished by the awarding authority, no contract documents shall be issued to anyone except a Licensed Contractor or his authorized Representatives.  In no event shall any documents for bidding be issued later than twenty-four (24) hours prior to the hour and date set for receiving bids.

Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his/her address, contractors’ state license number and the name of the project for which the bid is submitted.  If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed to the Ascension Parish Purchasing Department, 120 East Railroad Street, Gonzales, Louisiana 70737 (P.O. Box 2392, Gonzales, Louisiana 70707)., mailed certified mail and must be received no later than the bid opening date and time.

Contractors desiring to bid shall submit to the Engineers, with their request for Contract Documents, contract documents deposit and evidence that they hold State License of proper classification and in full force and effect.

Bid security in the amount of five percent (5%) of the Total Bid must accompany each Bid, and shall be made payable to the Owner. 

The Owner reserves the right to waive any informalities or to reject any or all bids.

No bidder may withdraw his bid within forty-five (45) days after the actual date of opening thereof.

A Non Mandatory Pre-Bid Conference is scheduled for Monday, March 1, 2010 at 9:00 a.m. at the Department of Public Works, 42077 Churchpoint Road, Gonzales, LA 70737.

In addition to paper bids, electronic bids and electronic bid bonds for the followings project will be downloaded by the Ascension Parish Department of Public Works.  Electronic bids and electronic bid bonds must be submitted through http://www.centralauctionhouse.com/rfp.php?cid=69 prior to the electronic bidding deadline. 

All addenda, Amendments, Letters of Clarification, and Withdrawal Notices will be posted online in addition to paper copies being distributed.  Construction proposal information may be accessed via the internet at http://www.centralauctionhouse.com/rfp.php?cid=69.   Users must click on Login and create a New User Registration to view and download plans.  Once logged in, users must click on Ascension Parish Government to view current advertisement listings.  This listing is titled “Ascension Parish 2010-SC81-02”. Registered users will have access to view Project Information, submit a question concerning the project, and view the plans.  All project specific notices are found here.  It will be the responsibility of the bidder to check for updates.  All submitted questions will be forwarded by email to the Project Manager and the Project Engineer for a response.

The U.S. Department of Transportation (DOT) operates a toll free “Hotline” Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern Time.  Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should call 1-800-424-9071.  All information will be treated confidentially and caller anonymity will be respected.  

Ascension Parish Government shall not be responsibility if the bidder cannot complete and submit a bid due to failure or incomplete delivery of the files submitted via the internet.

Ascension Parish Government reserves the right to reject any and all bids for just cause.

ASCENSION PARISH GOVERNMENT

TOMMY MARTINEZ, PARISH PRESIDENT

WEEKLY-    Please publish 02/12, 02/19, 02/26

ADVERTISEMENT FOR BID

Sealed bids will be received by the Ascension Parish School Board, Attention Carl W. Fontenot, Purchasing Department, 1100 Webster Street, P.O. Box 189, Donaldsonville, LA 70346, not later than 10:00 a. m., Thursday, March 11, 2010, for the following:

Spanish Lake Primary Playground

Outer envelope and bid form must be marked:

SB-10336

A mandatory Pre-Bid Conference will be held at 10:00 a. m., Thursday,                                     March 4, 2010, at Spanish Lake Primary School, 13323 Bluff Road, Geismar, LA  70734.  No bid will be accepted from any contractor who does not attend and sign-in at the Pre-Bid Conference.  The Bids will be opened at the School Board Office immediately following the close of bid time on the above noted date.

Preliminary bid information may be obtained by contacting Mr. Carl Fontenot, Purchasing Manager, 1100 Webster Street, P.O. Box 189, Donaldsonville, Louisiana 70346, 225/391/7133.

It is the policy of the Ascension Parish School Board to provide equal opportunities without regard to race, color, national origin, sex, age, disabilities, or veteran status in educational programs and activities.  This includes, but is not limited to, admissions, educational services financial aid and employment.

        ASCENSION PARISH SCHOOL BOARD

/s/Donald A. Songy   

Superintendent

Insertion Dates:

February 12, 2010

February 19, 2010

February 26, 2010

NOTICE OF A PUBLIC HEARING

NOTICE IS HEREBY GIVEN, that the Zoning Commission of the City of Gonzales will hold a Public Hearing on March 1, 2010 at 6:00 P.M. in the conference room at city hall to consider the request of Boone Parsons Enterprises to rezone the following described property from its existing R-15 zone to a C-1 zone:

Lot 47-A situated on the southern end of S. Ruby Ave.

All interested parties are encouraged to attend.

Please Publish Friday February 12, 19, & 26.

SUCCESSION

OF

MERRITT P. EVANS, JR.

PROBATE NUMBER:

14,630

23RD JUDICIAL

DISTRICT COURT

PARISH OF ASCENSION

STATE OF LOUISIANA

______________

SUCCESSION

OF

RUTH WALKER EVANS

PROBATE NUMBER:

14,983

23RD JUDICIAL

DISTRICT COURT

PARISH OF ASCENSION

STATE OF LOUISIANA

************************

NOTICE OF

APPLICATION FOR AUTHORITY

TO LIST AND TO SELL REAL ESTATE AT

PRIVATE SALE

*************************

NOTICE IS GIVEN that Donald T. Carmouche, Joshua H. Burnett, and Leona Hall Roberson, the co-executors of the Succession of Merritt P. Evans, Jr., and Donald T. Carmouche, the executor of the Succession of Ruth Walker Evans, have petitioned this Court for authority to sell real estate belonging to the Succession of Merritt P. Evans, Jr. and the Succession of Ruth Walker Evans at private sale, in accordance with the provisions of Article 3281 of the Code of Civil Procedure, said property being described as follows:

A) The immovable property proposed to be sold at private sale is described as follows:

A certain tract of land situated in the Southeast, Southwest, and Northwest quarter of Section 22, Township 10 South, Range 3 East, and in the Northeast, Southeast, and Southwest quarter of Section 46, Township 10 South, Range 3 East, Southeastern District, East of the Mississippi River, in Ascension Parish, Louisiana, being Tract B comprising 268.58 acres, as shown on a survey by Clint J. Cointment, PLS, land surveyor, dated October 31, 2009.

B) The price of the sale, the name of the purchaser, and all other terms and conditions of the sale are set forth in the Petition for Authority filed herein, and in the Agreement to Purchase attached to the Petition;

C) The executors seek authority to sell the property, to sign the sale and any related documents;

D) The executors further seek approval of the Listing Agreement with Coldwell Banker Mackey and the Purchase Agreement, both relating to the subject property and sale thereof.

Any heir, creditor, or legatee who opposes the proposed sale must file his/her or their opposition within seven (7) days from the date of the last publication of this notice.

PUBLISH: January 29 and February 19, 2010

BID NOTICE

Sealed bids will be received by the Ascension Parish Government at the Ascension Parish Government Purchasing Office, 120 East Railroad Street, Gonzales, Louisiana 70737 (mailing address PO Box 2392, Gonzales, LA 70707-2392) on March 16, 2010 at 2:00 p.m. for the following:

3M TRAFFIC

CONTROL SIGNS AND SUPPLIES

All signs must meet specifications according to the U.S. Department of Transportation manual on Uniform Traffic Control Devices Publication No. FHWA-sa-89-006 HTO-21/2-89 (15M)P.

All signs must be 3M Diamond Grade.

A sample sign must be provided at the bid opening.

All specifications must be adhered to, no variances will be accepted.

Vendor must be able to provide road name signs in one (1) working day due to the fact that it is Ascension Parish Government’s responsibility to maintain street signs for the 911 Emergency Response System.

A list of commonly used signs and estimated quantities can be obtained from the Ascension Parish Government, Purchasing Department at the above address.  Signs will be ordered as needed.

Quantities are estimated quantities.  Bid will be accepted for a one year period.

Ascension Parish Government reserves the right to reject any and all bids for just cause.

This bid can also be submitted online at http://www.centralauctionhouse.com/rfp.php?cid=69

ASCENSION PARISH GOVERNMENT

TOMMY MARTINEZ, PARISH PRESIDENT

WEEKLY-    Please publish 02/19, 02/26, 03/05

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCILMEN OF THE CITY OF GONZALES, STATE OF LOUISIANA, TAKEN ON FEBRUARY 8, 2010, 5:30 P.M. AT CITY HALL.

MEMBERS PRESENT:

Mayor Barney D. Arceneaux

Councilman Kenneth Matassa                      

Councilman John Cagnolatti

Councilman Ronald Waguespack

Councilman Terance Irvin

Councilman Kirk Boudreaux

MEMBERS ABSENT:  NONE

ALSO PRESENT: 

Clay Stafford, City Clerk

Ryland Percy, City Attorney

Lisa  Babin, Admin Clerk

Sherman Jackson, Chief of Police                                      

Motion by Councilman John Cagnolatti, seconded by Councilman Kirk Boudreaux to adopt the consent agenda.

UNANIMOUS

Motion by Councilman Kirk Boudreaux, seconded by Councilman Terance Irvin to accept the Minutes from the Council Meeting held on January 25, 2010.

UNANIMOUS

Motion by Councilman John Cagnolatti, seconded by Councilman Kirk Boudreaux to Introduce Ordinance # 2941:

AN ORDINANCE AMENDING THE CODE OF ORDINANCE CHAPTER 22.  ZONING.  SEC. 22-4  BOUNDARIES OF DISTRICTS TO APPROVE THE REZONING REQUEST OF THE PLANNING AND ZONING COMMISSION TO REZONE THE FOLLOWING DESCRIBED PROPERTY FROM  ITS EXISTING C-2 AND R-15 ZONES TO AN  I-1 ZONE.

BE IT ORDAINED BY Mayor and Councilman of the City of Gonzales, Louisiana:

That the Code of Ordinance Chapter 22.  Zoning.  Section 22-4  Boundaries of Districts be hereby amended as follows:

Chapter 22.  ZONING.

Sec. 22-4.  Boundaries of Districts:

Tracts 7 situated on the east side of S. Darla Avenue.

Final vote on the foregoing amendment to be taken at the next regular Council Meeting scheduled for February 22, 2010.

Motion by Councilman Kenneth Matassa, seconded by Councilman Ronald Waguespack to approve reducing the speed limit on E. Silverleaf Street from 25 MPH to 15 MPH. 

UNANIMOUS

Motion by Councilman Kenneth Matassa, seconded by Councilman Kirk Boudreaux to provide notice to the owner of the dangerous and dilapidated structure considered for condemnation located at 231 N. Pleasant to appear before the City Council at the next Council Meeting, scheduled for February 22, 2010. 

UNANIMOUS

Motion by Councilman Terance Irvin, seconded by Councilman John Cagnolatti to adopt the Intergovernmental Agreement between the City of Gonzales and the Ascension Parish Sheriff Office for the location, installation and maintenance of radio antennae and related equipment upon the city’s Water Tower located at 3135 S. Outfitter’s Drive.

UNANIMOUS                    

Motion by Councilman Kenneth Matassa, seconded by Councilman Kirk Boudreaux to adopt Resolution # 2793:  A Resolution of the City of Gonzales approving the application for Grant Funds from the FHWA Recreational Trails Program for Louisiana (FRTPL).

UNANIMOUS

Motion by Councilman Kenneth Matassa, seconded by Councilman Terance Irvin to approve the Collection Agency Agreement with SCR Southern Credit Recovery, Inc. for the collection of delinquent accounts for the Gonzales Fire Department, contingent upon legal review.

UNANIMOUS

Motion by Councilman Kenneth Matassa, seconded by Councilman John Cagnolatti to Introduce Ordinance # 2942:                                                              

AN ORDINANCE AMENDING THE CODE OF ORDINANCE CHAPTER 9 FIRE PREVENTION AND PROTECTION* ARTICLE II. FIRE PREVENTION CODE (CHANGE) SEC. 9-16.

ADOPTION TO READ:

BE IT ORDAINED BY Mayor and Councilman of the City of Gonzales, Louisiana:

That the Code of Ordinance Chapter 9 FIRE PREVENTION AND PROTECTION.  Section 9-16 Adoption be hereby amended as follows:

Chapter 9

FIRE PREVENTION AND PROTECTION*

ARTICLE II.  FIRE PREVENTION CODE

(Change) Sec. 9-16. Adoption to read:

Sec. 9-16. Adoption

There is hereby adopted by the city for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion that certain codes known as the National Fire Protection Association 1 Fire Prevention Code, 2009 Edition and National Fire Protection Association 101 Life Safety Code, 2009 Edition. Thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended of which code not less than three (3) copies have been and are now filed in the office of the city clerk and the same are hereby adopted and incorporated as fully as if set out at length herein.

(Code 1965, § 7-1; Ord. No. 2135, 2-24-92; Ord. No. 2674, 6-25-01; Ord. No. 2816, 2-28-05)

State law references:  Authority to adopt codes by reference, R.S. 33:1368.

Final vote on the foregoing amendment to be taken at the next regular Council Meeting scheduled for February 22, 2010.

Motion by Councilman Ronald Waguespack, seconded by Councilman John Cagnolatti to Introduce Ordinance # 2943:

AN ORDINANCE AMENDING THE CODE OF ORDINANCE CHAPTER 20 UTILITIES ARTICLE III. WATER (CHANGE) Sec. 20-51. METERS TO BE READ MONTHLY. TO READ:

BE IT ORDAINED BY Mayor and Councilman of the City of Gonzales, Louisiana:

That the Code of Ordinance be hereby amended to read:

Chapter 20

UTILITIES*

ARTICLE III. WATER

(Change) Sec. 20-51.  Meters to be read monthly to read:

Sec. 20-51.

Water meters shall be read monthly by a duly authorized employee of the utility department and bills shall be issued monthly at such times as may be directed by the mayor and city council. (Code 1965, § 13-30)

Final vote on the foregoing amendment to be taken at the next regular Council Meeting scheduled for February 22, 2010.

Motion by Councilman Councilman John Cagnolatti, seconded by Councilman Kirk Boudreaux to Introduce Ordinance # 2944: 

AN ORDINANCE AMENDING THE CODE OF ORDINANCE TO (ADD) CHAPTER 28.  STORMWATER MANAGEMENT: DURING CONSTRUCTION AND POST-CONSTRUCTION FOR NEW DEVELOPMENT AND REDEVELOPMENT AS FOLLOWS:

BE IT ORDAINED BY Mayor and Councilman of the City of Gonzales, Louisiana:

That the Code of Ordinance be hereby amended to (ADD) Chapter 28.  Stormwater Management: during construction and post-construction for new development and redevelopment as follows:

(ADD)

Chapter 28

STORMWATER MANAGEMENT: DURING CONSTRUCTION AND POST-CONSTRUCTION FOR NEW DEVELOPMENT AND REDEVELOPMENT

Article I.    General Provisions

Article II.    Definitions

Article III.    Permits

Article IV.    Review And Proposal

Article V.    Erosion And Sediment Control Plan

Article VI.      Design Requirements

Article VII.      Inspection

Article VIII.    Enforcement

Article I.    GENERAL PROVISIONS

Sec.  28-1    Introduction, Purpose and Intent

During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates repair of sewers and ditches and the dredging of lakes. Clearing and grading during construction can also cause the loss of native vegetation necessary for terrestrial and aquatic habitat.

Post-Construction, new developments have a tendency to increase impervious land surfaces due to the addition of hard surface roads, sidewalks and foundations, which may lead to increased volume and levels of pollutants in storm water discharges.

The purpose of this ordinance is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased stormwater runoff and nonpoint source pollution associated with new development and redevelopment during construction and post-construction. 

Additionally, it has been determined that proper management of construction stormwater runoff and post-development stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety, environment and general welfare of the public, and protect water and aquatic resources.  This ordinance seeks to meet that purpose through the following objectives:

Establish decision-making processes surrounding land development activities that protect the integrity of the watershed and preserve the health of water resources;

Require that new development and redevelopment maintain the pre-development hydrologic response in their post-development state as nearly as practicable in order to reduce flooding, stream bank erosion, nonpoint source pollution and increases in stream temperature, and maintain the integrity of stream channels and aquatic habitats;

Establish minimum construction and post-construction stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality;

Establish design and application criteria for the construction and use of structural stormwater control facilities that can be used to meet the minimum construction and post-construction stormwater management standards;

Encourage the use of nonstructural stormwater management and stormwater better site design practices, such as the preservation of green space and other conservation areas, to the maximum extent practicable;

Establish provisions for the long-term responsibility for and maintenance of structural stormwater control facilities and nonstructural stormwater management practices to ensure that they continue to function as designed, are maintained, and pose no threat to public safety; and,

Establish administrative procedures for the submission, review, approval and disapproval of stormwater management plans, and for the inspection of approved active projects, and long-term follow up.

Sec. 28-2    Applicability

This ordinance shall be applicable to all land development, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless exempt pursuant to Subsection 2 below.  These standards apply to any new development or redevelopment site that meets one or more of the following criteria:

New development that involves the creation of 1 acre or more of impervious cover, or that involves other land development activities of 1 acre or more;

Redevelopment that includes the creation, addition or replacement of 1 acre or more of impervious cover, or that involves other land development activity of one (1) acre or more;

Any new development or redevelopment, regardless of size, that is defined by the City of Gonzales to be a hotspot land use; or,

Land development activities that are smaller than the minimum applicability criteria set forth in items (a) and (b) above if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules.

Sec. 28-3    Administration

The City of Gonzales shall administer, implement, and enforce the provisions of this ordinance. Any powers granted or duties imposed upon the City of Gonzales may be delegated in writing by the Superintendent of Drainage to persons or entities acting in the beneficial interest of or in the employ of the agency.

Sec. 28-4    Compatibility with Other Regulations

This ordinance is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law.  The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.

Sec. 28-5     Severability

The provisions of this ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this ordinance.

Sec. 28-6 Ultimate Responsibility

The standards set forth herein and promulgated pursuant to this ordinance are minimum standards; therefore this ordinance does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.

Article II.    DEFINITIONS

For the purposes of this ordinance, the following shall mean:

Applicant - A person submitting a post-development stormwater management application and plan for approval.

Certified Contractor - A person who has received training and is licensed by State of Louisiana to inspect and maintain erosion and sediment control practices

Channel  - A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

Clearing - Any activity tha removes the vegetative surface cover

Conservation Servitude - An agreement between a land owner and City of Gonzales or other government agency or land trust that permanently protects open space or green space  on the owner’s land by limiting the amount and type of development that can take place, but continues to leave the remainder of the fee interest in private ownership.

Detention - The temporary storage of stormwater runoff in a stormwater management facility for the purpose of controlling the peak discharge.

Detention Facility - A detention basin or structure designed for the detention of stormwater runoff and gradual release of stored water at controlled rates.

Developer - A person who undertakes land development activities.

Development - A land development or land development project.

Drainage Servitude - An servitude appurtenant or attached to a tract or parcel of land  allowing the owner of adjacent tracts or other persons to discharge stormwater runoff onto the  tract or parcel of land subject to the drainage servitude.

Drainage Way - Any channel that conveys surface runoff throughout the site

Erosion Control - A measure that prevents erosion

Erosion and Sedimentation Control Plan - A plan that is designed to minimize the accelerated erosion and sediment runoff at a site during land disturbance activities

Extended Detention - The detention of stormwater runoff for an extended period, typically 24 hours or greater

Extreme Flood Protection - Measures taken to prevent adverse impacts from large low-frequency storm events with a return frequency of 100 years or more

Flooding - A volume of surface water that is too great to be confined within the banks or walls of a conveyance or stream channel and that overflows onto adjacent lands

Grading - Excavation or fill of material, including the resulting conditions thereof

Green space or Open Space - Permanently protected areas of the site that are preserved in