Livingston Parish Council approves/denies subdivisions (but Parenton says Ascension CANNOT)

Legal Counsel O’Neil Parenton (File photo)

Livingston Parish has a planning commission, but its council is the decision maker when it comes to approval/denial of subdivision developments.  Meanwhile, here in Ascension, the Parish Attorney insists state law prohibits our parish council from doing the same.

Like Ascension, Livingston is a Home Rule Charter municipality.  Its charter, at Section 7-06, includes:

A. The council, by resolution, and the president may appoint advisory boards and commissions to provide advice regarding the operations of the parish government. No such board or commission shall have any administrative or legislative authority.

Livingston’s Subdivision Regulations, Section 13-50 reads:

The preliminary plat must be submitted in accordance with subsection 13-49.3(c), and placed on the planning commission agenda for a public hearing. After the planning commission has held a public hearing, and made its recommendation to the parish council, the preliminary plat proceeds to the council for consideration. The planning director will submit the completed checklist to the council with its recommendation.

Time in which the council acts. Following the submission of the preliminary plat and other material submitted in conformity to these regulations, the Livingston Parish Council shall, within sixty (60) days, approve, disapprove, or defer thereon as submitted or modified, and if approved, the parish council shall express its approval on the preliminary plat or give its reasons for disapproval.

Livingston’s Section 13-67 deals with Commercial Developments (Generally).  It includes:

After the planning commission has held a public hearing they will make a recommendation to the parish council and forward the development to the parish council for approval. Upon parish council approval, the drainage impact study shall be submitted and approved by the review engineer.