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Home My WebLink About29221 3 4 5 6 7 R 9 l0 I1 ~~ 13 14 1~ 16 Ii 18 I ~) ~n 21 ~2 `?3 2~ `?5 2~, `?7 2~ Ordinance No .2822 ORDINANCE AMENDING CHAPTERS 19 (SEWAGE DISPOSAL} AND 26 (BUILDINGS} OF THE BUTTE COUNTY CODE TO PROVIDE ENHANCED STANDARDS FOR THE PROTECTION OF THE PUBLIC HEALTH, SAFETY AND WELFARE The Board of Supervisors of the County of Butte ordains as follows: section 1. Section 19-11 of the Butte County Code is amended to read as follows: Sec. 19-i1. Location of systems. Any sewage disposal system constructed under the provisions of this chapter shall be located in' accordance with the recommendations of the county health officer. The minimum distances allowed are set forth in Table I below; provided, however that no seepage pit shall be allowed on any parcel or lot created on or after January 20, 1987. Except that sewage disposal systems constructed on subdivision lots 5 acres in size or larger created prior to July 1, 1949, sewage disposal systems constructed an subdivision lots created on or after July 1, 1949 but prior to April 4, 1.974, sewage disposal systems constructed on all other parcels created prior to April 4, 1974, and repair or replacement of existing sewage disposal systems constructed on parcels or lots created prior to April 4, 1974, and upon which the health officer has determined that there is inadequate area to obtain the distances required in Table I, shall be located in accordance with the minimum distances set forth in Table iI below. ~,_ Minimum Separation Distances in Feet Table. T _ __ Drainage Course or Public Individual Perennial Lake or Ephemeral Building Property Well Well Stream Reservoir Stream Foundation Line Septic . tank 100' S0' .50' 50' 25' 5' S' Leach field 100' 100' 100' 200' S0' 5' 5' Seepage pit 150' 150' 100' 200' 50' S ' 5' Table TT Water Perennial Lake or Building Property Well Stream Reservoir Foundation Line Septic tank 50' 50' S0' 5' S' Leach field 50' S0' 100' S' S' Seepage pit 150' 50' 150' 5' 5' _~_ ~i ~ Section 2. Section 19-12 of the Butte County Code is ~ amended to read as follows: sec. 19-12. Lot size requirements. q (a) Except as provided in subsection (b) hereof, no building 5 sha11 hereafter be constructed unless the following requirements, 6 and each of them, are met: 7 The site actually to be utilized for such building is g sufficient in area and dimension to provide for the proper g installation, maintenance and expansion of a septic tank system 1~ of sufficient size and design to service such building and to ~l prevent the development of a nuisance or any hazard to public 12 health. If more than one (1) building is to be constructed, ~~ extended or expanded on any single site, then such site shall be 14 sufficient in area and dimension to provide for the proper ~~ installation, maintenance and expansion of a septic tank system 15 of sufficient size and design to serve all such buildings, and to li prevent the development of a nuisance or any hazard to public ~~ health arising out of the use of any one (1) or more of them. The ~y required minimum area for sewage disposal an subdivision lots og less than five (5) acres in size created prior to July 1, 1949, ~~ shall be as specified in Appendix VII of the Improvement ~~ Standards For Subdivisions, Parcel Maps and Site Improvements ~~~ pursuant to Chapter 20 of the Butte County Code, as adapted by ~~ Resolution No. 82-68 dated April 27, 1982 and amended by `~5 Resolution No. 82-173 dated November 2, 1982. ~~ Section 3. Section 26-4 is added to the Butte County `'7 Cade to read as follows: ~~ Section 26-4. Access. -7- I (a} Le al Access. Any person applying for a building permit ~ for a building on a lot or parcel which does not front an and have direct access to a publicly maintained road shall submit 4 with the application a report from a title company or a letter 5 from a licensed surveyor or registered civil engineer attesting 6 to the fact that there is legal access from the lot ar parcel 7 upon which the building is to be constructed to a publicly g maintained road. "Legal Access" means the right of vehicular g travel within a legal right-of-way established, created or Ig approved by a recorded deed, court order or other document of II record. I2 (b) Road Improvement Standards. I3 1• Lat or Parcel Not Frontin Publics Maintained Raad. I4 Any person applying for a building permit for a 15 building on a lot or parcel which does not front on and have I5 direct access to a publicly maintained road shall be required to 17 demonstrate prior to occupancy of the building: (1) that any road I~ extending along the frontage of the lot or parcel where the Iy building in question is to be constructed is improved to the same ~p standard specified for subdivisions in the Improvement Standards ~I for Subdivisions, Parcel Maps and Site Improvements pursuant to ~2 Chapter 2 0 of the Butte County Code in effect as of the date of `~3 the building permit application; and {2) that the road from said ~q lot or parcel to a publicly maintained road is improved to the t~r~ following standards: 9_~ Urban Area: RS-B--LD-TV Rural Area: RS-8-LD-III. `? 7 2. Lot or Parcel Frontin Publicl Maintained Road. ~~ -^- 1' 3 4 5 6 7 8 9 1~ 11 12 13 14 15 l6 1i 18 19 ~~ 21 ry9' `?3 ~q r~ 9~ `? 7 ~3 Any person applying far a building permit for a building on a lot or parcel which fronts on and has direct access to a publicly maintained road or roads shall be required to demonstrate prior to occupancy of the building that the property frontage along said publicly maintained road or roads is improved to the same standard specified for subdivisions in the Improvement Standards for Subdivisions, Parcel Maps and Site Improvements pursuant to Chapter 20 of the Butte County Cade in effect as of the date of the building permit application. (c) Exemptions. The requirements of subsections (a) and (b) above shall not apply to any iot created by a recorded subdivision map approved by the Butte County Board of Supervisors on or after July 1, 1949, and shall not apply to any lot or parcel five acres in size or larger. Section 4. A lications Affected. This ordinance shall apply to applications for permits filed on and after the effective date of this ordinance but not to applications accepted as complete prior to the said effective date. section 5. Severability. If any part of this ordinance shall be held void by a court of competent jurisdiction, such part shall be deemed severable, and the invalidity thereof shall not affect the remaining parts of this ordinance. Section 6. Uraency Ordinance; Publication_ (a) This ordinance is an urgency ordinance for the immediate preservation of the public peace, health and safety, and shall take effect- immediately pursuant, to Section 25123 of the Government Code of the State of California. The facts -~- 1 3 4 5 6 7 8 9 1 E1 11 12 13 14 1~ 151 li 1~ 1~ ~n 21 ~~ `?3 ~~ `?5 ~~, `? 7 ~~ constituting the urgency are as follows: 1. There are currently thousands of undeveloped subdivision lots and other parcels in the County of Butte which were created prior to the existence of subdivision improvement standards, sewage disposal requirements, zoning ordinances and environmental review procedures. 2. There are many thousands more undeveloped subdivision lots and other parcels which were created at a time when there were subdivision improvement standards, sewage disposal requirements, zoning ordinances and environmental review procedures, but due to the increasing pressures of development and population growth the standards applicable at the time of creation of such lots or parcels are inadequate to protect the public health, safety and welfare, 3. The pressure to develop such existing subdivision lots and other parcels is increasing due to the ease under current county policy of doing so, when compared to the difficulty of creating and developing new subdivision lots or parcels. 4. The County of Butte does not presently have adequate procedures to review and control the development of existing subdivision lots and other parcels and to assure that sewage disposal thereon and access thereto, including access by emergency vehicles, is adequate to protect the public health, safety and welfare. Therefore, risks to the public health, safety and welfare can and will continue to exist unless and until this ordinance is adopted and effective, and it is necessary to adopt the procedures and requirements set forth in -~- 1 this ordinance on an urgency basis. ~ (b) Before the expiration of fifteen (15) days after its passage, this ordinance shall be published once with the names of 4 the members of the Board of Supervisors voting for and against~it 5 in the Chico E/R a newspaper published in the County of ~ Butte, State of California 7 PASSED AND ADOPTED by the Board of Supervisors of the County 8 of Butte, State of California, on the 2nd ~ day of 9 ~N April , 1991, by the following vote: 1 it AYES: Supervisors P1cInturf, Campbell, Fulton and Chair Doran 11 NOES : Bone 12 ABSENT: 5upervi sor P1cLaughl i n 13 NOT VOTING; None 14 \ 15 ~ ~. lei DO Chair of the Butt County Board of Supervisors li IH ATTEST: 1 ~3 WILLIAM H. RANDOLPH, Chief Administrative 20 Officer and Clerk of the Board 21 `?2 BY `__>3 (oldsub.ord) ~q `? 5 2~i `'7 ~~ -~-