Both the City Charter and State legislation charge the City Planning Commission (CPC) with establishing and administering regulations governing the subdivision of land within the city. Subdivision requests often involve combining multiple lots into a single new lot or dividing an existing lot into multiple new lots. Any shifting of an existing lot line and any change to a street or right-of-way line also necessitates a subdivision request.
The CPC has adopted Subdivision Regulations that classify all subdivision requests as either minor or major. Minor subdivisions are those that create 5 or fewer lots; major subdivisions are those that create more than 5 lots or involve the dedication or revocation of a street. Minor subdivisions that meet the criteria of the policies in the subdivision regulations may be approved administratively, while some that fall under special policies must be approved by the CPC. The CPC makes a decision on all major subdivisions following a public hearing. Decisions of the CPC are final, but they may be appealed to the City Council.
Required documents/steps
To begin processing a minor subdivision request, the following items must be submitted to the CPC staff. The staff will not accept or process incomplete applications. The applicant shall submit the following items as a formal request for subdivision approval:
- LETTER OF REQUEST The application must be signed by all property owner(s) listed on the title of the existing lots of record. If the property is owned by a corporation, a resolution authorizing the subdivision or authorizing an individual to request such approval shall be submitted. If the property is owned by a partnership, a copy of the Article of Partnership shall be submitted, indicating who is authorized to make such a request on the behalf of the partnership. Appropriate documentation is also required for successions.
- SUBMITTAL PROTOCOL: One electronic copy of the subdivision plan for the creation of a maximum of 5 lots to CPCinfo@nola.gov. This plan is an actual survey prepared specifically for the purpose of resubdivision by a land surveyor registered in the State of Louisiana bearing his or her official stamp. The scale shall not be more than 1 inch equals 100 feet. The plan should show:
- a current date (within 60 days prior to the date of submission),
- existing and proposed property lines,
- existing and proposed lot dimensions (including lot area),
- existing and proposed lot designations,
- square number or tract identification,
- the municipal district (and address if applicable),
- bounding streets, servitude, easements, existing improvements, existing sewer and water lines, house connections, and complete details of any encroachments onto the public right-of-way. This includes but not limited to trees, steps, porches, overhangs, roofs, buildings, fences etc.
- in rural areas such as Lake Catherine, Lower Coast Algiers, some of the remote heavy industrial areas, and other large parcels (greater than 2 acres), final plats should include at least four (4) control points evenly distributed across the property or located at survey property corners. Control points shall be defined as a known geographic location (X,Y coordinates) obtained in the field using either GPS or other location-determining equipment with sub-meter precision. The coordinate system utilized should be State Plane Louisiana South North Datum 1983 (NAD83) with U.S. survey feet as the unit of measure.
- FEES FOR PROCESSING SUBDIVISION APPLICATION: Please see fee schedule
- The planner receiving the application shall review the application and survey and determine the zoning, indicating same on application as well as the Zoning Base Map and initial the application.
Processing the Subdivision Request
Upon determination that an application is complete, the Commission staff shall review the plan for compliance with the Subdivision Regulations and Comprehensive Zoning Ordinance. The application shall then be assigned a docket number.
Copies of the plan will be mailed to various City/State/Federal agencies for review for comments with respect to compliance with each department’s regulations. Revisions to the submitted Plan may be required for further review and final approval. Reviewing agencies include: Sewerage and Water Board, Departments of Public Works, Entergy, State Office of Hospitals, Safety and Permits, Real Estate and Records, Historic District Landmarks Commission, Vieux Carre Commission, Corps of Engineers and Department of Natural Resources when wetlands may be involved.
Planning Commission Meetings
Most minor subdivisions can be approved administratively by the City Planning Commission staff. Occasionally, a minor subdivision request will require review and approval of the City Planning Commission. The City Planning Commission meets every 2nd and 4th Tuesday of each month.
Appeals
The decision of the City Planning Commission to approve, approve with conditions, or deny the Tentative or Final Subdivision Plan may be appealed to the City Council within 30 days following the decision. Appeals shall be made by filing a Notice of Appeal with the Clerk of Council, with a copy to the Planning Commission and shall state specifically how the City Planning Commission failed to properly evaluate the proposed subdivision plan (see attached fee form for cost of appeal).
Prior To Final Or Certified Approval
Prior to final or certified approval the applicant shall obtain and submit the following items to the staff to complete the applicant’s file:
- A reproducible copy (on tracing, film, or sepia) and two (2) prints of the Final Plan to which approval may be signed. A digital copy of the survey (CD) shall be provided by the applicant’s surveyor and shall be submitted as part of the final approval process.
- Mortgage Certificate, available from Bayou Title, bearing a date within sixty (60) days of the date of Tentative Approval or of the date of notification by the staff of Certified Approval. It will be necessary to provide that office with a copy of the survey as well as a legal description of the property to be subdivided. If a legal description is not immediately available one can be obtained at the Office of Conveyances, 1340 Poydras St. Amoco Building, Ste. 410.
In order to apply for a mortgage certificate, please complete the Mortgage Certificate Request Form and send it to Bayou Title:
Email (recommended):
tony@bayoutitle.com
Mail/In-Person:
1820 St. Charles Avenue
Suite 201
New Orleans, LA 70130
OR
1700 Belle Chasse Hwy.
Suite A200
Gretna, LA 70056
Fax:
(504) 393-0332
For questions related to obtaining the mortgage certificate, please contact Tony Dalmado at (504) 393-0315 or tony@bayoutitle.com.
Note: If the applicant does not meet all of the criteria, conditions, and provisos required for final approval within the sixty (60) days after notification of tentative or certified approval and has already submitted a mortgage certificate, that certificate will be considered void, and an updated mortgage certificate shall be required before final approval.
Note: Any mortgages on the existing lots shall require a consent letter from the mortgage holder. Liens and judgments should be cleared or written consent from the holder obtained and provided to City Planning.
- A City Tax Statement (for each existing lot) can be downloaded here. All city taxes, charges assessed must be paid up to date prior to final approval.
Once all of these conditions and provisos have been met, final or administrative approval may be granted. The applicant will be notified that the subdivision has been approved and is ready for recordation. See process for recording a subdivision attached.