ORD#12,257

ORDINANCE 

 

STATE OF LOUISIANA                 NO.  12,257

CITY OF MONROE  

 

The following Ordinance was offered by McFarland who moved for its adoption and was seconded by Muhammad.

AN ORDINANCE ESTABLISHING A SITE CLEARING PERMITTING PROCESS AND APPLICATION FEE AND FURTHER PROVIDING WITH RESPECT THERETO.
WHEREAS, the City does not have a permitting process, established policies, or an application fee for site clearing within the City;
WHEREAS, the City wishes to establish regulations governing site clearing to provide oversight, ensure compliance with applicable environmental and land use standards, and mitigate adverse effects on the community;
WHEREAS, it is necessary to institute an application fee to cover the costs of processing these permit applications; and
WHEREAS, the City of Monroe desires to add Sections 9-27 through 9-33 to the City of Monroe Code to establish a site clearing permitting process and application fee.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Monroe, Louisiana, in legal session convened, that the Code of Ordinances of Monroe, Louisiana, is hereby amended by adding an article and three sections, to be numbered 9-27 through 9-33, which said article and sections read as follows:
Article III. Site Clearing
Sec. 9-27. Purpose.
The purpose of this article is to establish regulations and permitting processes governing site clearing in the city that minimize adverse impacts on the public welfare and the city’s aesthetic resources.
Sec. 9-28. Definitions.
Clearing means the removal of debris, trees, brush, vines, sod, and other vegetative growth at or above the ground surface for development, maintenance, or change of land use.
Grading means any land excavation or filling or combination thereof, or the removal, plowing under or burial of vegetative groundcover.
Grubbing means the removal of vegetative growth or natural wooden items at or below ground surface, which remain after clearing work.
Demolition means the removal of fences, portion of structures, pavements, stairs, utilities, and other such manmade items at or below the ground surface.
Disposal means the removal of refuse resulting from clearing, grubbing, and demolition work.
Site clearing permit means the permit issued for clearing and grubbing land within the city of Monroe.
Sec. 9-29. Administration.
The Planning & Zoning Director, or his designee, shall be responsible for administering and issuing permits under this article. A site clearing permit shall be issued by Planning & Zoning Director upon determining that the application meets the requirements of this article and that the work will adhere to any conditions or requirements imposed by this article.
Section 9-30. Permit Required.
An applicant must obtain a site clearing permit before conducting any clearing or grubbing activities. A site clearing permit does not authorize any demolition or grading activities at the site.
Site clearing permits shall become invalid unless the work authorized by such permit commences within six (6) months after the date of issuance, or if the work authorized by such permit is suspended or abandoned for a period of six (6) months after the time work is commenced.  One extension of time, for a period not to exceed six (6) months, may be allowed by the Planning & Zoning Director, or his designee, upon a showing of good cause. The extension shall be requested in writing to the Planning & Zoning Director at least thirty (30) days prior to the expiration of the site clearing permit.
Sec. 9.31. Application Requirements.
Applicants for a site clearing permit must file an application and pay the permitting fees for a zoning certificate, site plan review, and site clearing permit.
The following documents must be included in all applications, to the extent applicable:
A copy of the contractor’s license.
A certificate of insurance indicating that the contractor maintains contractors general liability insurance.
A copy of the contractor’s occupational license.
A map drawn to scale showing property boundaries and any existing structures.
Description of work, including:
i.   A statement concerning whether the property is located in a historic district;
ii. The number of acres to be cleared;
iii. The proposed start and estimated completion date;
iv. The means and methods that will be used to conduct clearing and grubbing
      activities; and
v.  A disposal plan.
Sec. 9.32.  Conditions.
All work conducted under a site clearing permit shall adhere to the following requirements and conditions:
The work perimeter shall be visibly marked.
An entrance to the work area shall be established.
Erosion control measures (e.g., silt fence/hay bales) shall be installed and maintained to prevent site run-off onto adjacent properties and rights-of-way.
Erosion control measures shall be inspected daily to ensure they are functioning properly, until such time as vegetative cover is in place to prevent run-off.
Existing on-site vegetation shall be preserved to the maximum extent practicable.
Louisiana One Call shall be contacted and the site marked prior to conducting any excavation.
Clearing and grubbing work shall not have an adverse effect on any public utilities, including sewer, water, or other public utility systems.
All documentation associated with the site clearing permit shall remain attached to the permit certificate and shall be available for review, when requested, by a representative of the city.
Any other requirements or conditions imposed by the Planning & Zoning Director that are related to the work being performed and are necessary to ensure fulfilment of the purposes of this article.
Sec. 9.33. Application Fees.
Unless otherwise provided by law, all applications for permits pursuant to this article shall be accompanied by a fee for actual, direct, and reasonable costs incurred by the city related to processing the application.  An application fee of one hundred dollars ($100.00) shall be paid when the application for the permit is filed (nonrefundable).
BE IT FURTHER ORDAINED, that this Ordinance shall become immediately effective upon final adoption of this Ordinance and the Mayor’s approval.
This Ordinance was introduced on March 11, 2025.
Notice published on the  14th       day of  March , 2025.
This Ordinance was submitted in writing and was then submitted to a vote as a whole. The vote thereon being as follows:
AYES: Harvey, Ezernack, Woods, McFarland & Muhammad
NAYS: None.
ABSENT: None.
And the Ordinance was declared ADOPTED on March 25, 2025.

 

Juanita Woods  

CHAIRPERSON 

 

Carolus S. Riley  

CITY CLERK 

 

Oliver Friday Ellis  

MAYOR’S APPROVAL 

 

 

MAYOR’S VETO