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Ordinance No. 2938
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
t
The Beard 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. 19-11. Location of systems.
~_ Any sewage disposal system constructed under the provisions
,af this chapter shall be located in accordance with the
recommendations of the county health officer. The minimum separation
distances allowed are set forth in the Tables below. Table I shall
apply in all cases except those specified in subsection (b) below.
(b) If the health officer has determined that there is
inadequate area to obtain the distances required in Table I, he or she
may nevertheless approve the construction of the system if it is
located in a manner as consistent as possible with Table I but in no
event closer than the minimum separation distances set forth in Table
TI, and if the system is either: (1) an a subdivision lot 5 acres in
size or Larger created prior to July 1, 1949; (2) an a subdivision lot
created an or after July L, x.949 but prior to April 4 , 1974 ; or ( 3 )
the repair or replacement of an existing system constructed on a
parcel or lot created prior to April 4, 1974.
(c} No seepage pit shall Iae allowed on any parcel or lot created
an or after January 20, 1987.
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Minimum Separation Distances in Feet
Table I
Drainage
Course or
Public Individual Perennial Lake or Ephemeral Building Property
Well Well Stream Reservoir Stream Foundation Line
Septic
tank 100' S0' S0' S0' 25' 5' 5'
Leach
field 100' 100' 100' 200' 50' 5' 5'
Seepage
pit
150'
150'
100'
200'
50'
5 '
5'
Table II
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' S0' 150' S' 5'
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1 Section 2. Section 19-12 of the Butte County Code is amended to
~ read as follows:
3 sec. 19-12. Lot size,requfrements.
4 (a) Except as provided in subsection (b) hereof, no building
shall hereafter be constructed unless the following requirements, and
$ each of them, are met:
'7 The site actually to be utilized for such building is sufficient
g in area and dimension to provide for the proper installation,
g maintenance and expansion of a septic tank system of sufficient size
lg and design to service such building and to prevent the development of
11 a nuisance or any hazard to public health. If more than one {1}
12 building is to be constructed, extended or expanded on any single
13 site, then such site shall be sufficient in area and dimension to
14 provide for the proper installation, maintenance and expansion of a
15 septic tank system of sufficient size and design to serve all such
1~ buildings, and to prevent the development of a nuisance or any hazard
17 to public health arising out of the use of any one (1) or more of
~~ them. The required minimum lot size and area for sewage disposal on
ly subdivision lots less than five (5) acres in size created prior to
~~ July 1, 1949, shall be as specified in Section 26-7 of the Butte
21 County Code and in Appendix VII of the Improvement Standards ~'or
~2 Subdivisions, Parcel Maps and Site Improvements pursuant to Chapter 20
~~ of the Butte County Code, as adopted by Resolution No. 82-68 dated
~4 April 27, 1982 and amended by Resolution No. 82-3.73 dated November 2,
~r~ 1.982.
~~ (b) The provisions of subsection (a} hereof shall not apply to
`'7 any building which is to be connected prior to occupancy or use to a
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ublic sanitary sewer system or an approved community sanitary sewer
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~ ystem.
{c) As used in this section, the term "site" shall mean the
4 lot, lots parcel or area of land which is used or intended to be used
5 y the owner thereof as an appurtenance to the building or buildings
~ hereon, including front yard, side yards and back yard, and all areas
7 sed or to be used for a septic system.
~ Section 3. Section 26-4 is added to the Butte County Cade to
g read as follows
10 Section 26-4. Access_•
11 {a) Legal Access. Any person applying for a building permit for a
12 new living unit or new commercial building on a lot which does not
13 front on and have direct access to a publicly maintained road shall
14 submit with the application a report from a title company or a letter
15 from a licensed surveyor or registered civil eng~.neer attesting to the
15 fact that there is legal access from the lot upon which the building
maintained road. "Legal Access"
li is to be constructed to a publicly
l8 means the right of vehicular travel within a legal right-of-way,
established, created or approved by a recorded deed, court order or
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hp other document of record. If the Director of Public Works determines
` that the legal right-of-way is not of sufficient width to allow
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22 construction of a road of a width complying with the road improvement
~~~ standards specified in subsection (b) below, he or she maY
04 nevertheless approve issuance of the building permit, waive the
~~ width requirements of such standards, and allow construction of a road
~fi having a traveled way of a width less than that specified in such
~~~ standards .
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1 (b) Road Im rovement Standards.
~ 1. Lat Nat Framing Publicly Maintained.Road.
Any person applying for a building permit far a new living
9 unit or new commercial building an a lat which does not front an and
have direct access to a publicly maintained road shall be required to
6 demonstrate prior to issuance of the permit. (1} that any road
~ extending along the frontage of the lot where the building in
g question is to be constructed is improved to the same standard
g specified for subdivisions in the Improvement Standards for
lp Subdivisions, Parcel Maps and Site Improvements pursuant to Chapter 20
11 of the Butte County Code in effect as of the date of the building
12 permit application; and (2} that the road from said lot to a publicly
13 maintained road (ar to a road improved to county standards pursuant to
14 the requirements of a subdivision map recorded on or after July 1,
lr~ 1949 or of a parcel map recorded on or after March 4, 1972) is
lfi improved to the following standards:
~~ Urban Area: RS-8-LD-IV
Rural Area: RS-8-LD-III.
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2. Lot Fronting Publicly Maintained Road_
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Any person applying for a building permit for a new living
~p
4 unit or new commercial building on a lot which fronts on and has
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direct access to a publicly maintained road or roads shall be required
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to demonstrate prior to issuance of the permit that the property
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frontage along said publicly maintained road or roads is improved to
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the same standard specified for subdivisions in the Improvement
~5 Standards for Subdivisions, Parcel Maps and Site Improvements pursuant
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to Chapter 20 of the Butte County Code in effect as of the date of the
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building permit application.
~g
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I
1 (c) Lots Affected. The requirements of subsections {a} and (b)
~ above shall apply only to subdivision lots which are not developed
3 with legally constructed and maintained living units or commercial
4 buildings, which are less than five acres in size and which were
created prior to July 1, 1949, or to any portion or combination of
6 such lots. The requirements of subsections (a) and {b} shall not
~ apply to any portion or combination of such lots created by
g subdivision map on or after July 1, 1949 or by parcel map on or
g after March 4, 1972.
10 Section 4. Section 26-7 is added to the Butte County Code to
11 read as follows
12 section 26-7. Minimum Parcel Size.
13 Any person applying for a building permit for a new living unit
14 or new commercial building on a subdivision lot which is not developed
l5 with a legally constructed and maintained living unit or commercial
15 building and which is less than 5 acres in size created prior to July
lr 1. 1949, or on any portion or combination of such lots, shall
~8 demonstrate prior to issuance of the permit that said lot, portion or
19 combination meets the minimum parcel area and frontage requirements in
~~ the applicable zoning ordinance, unless:
21 1. Such lot or portion or combination is a merged lot
y2 resulting from a merger approved pursuant to Section 20-180.2 of the
~3 Butte County Code.
~,1 2. Such lot or portion or combination was created by
by subdivision map on or after July 1, 1949 or by parcel map on or after
~~ March 4, 1972; or
9~ 3. The applicant submits evidence establishing that he or
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1 she has a vested right to proceed with the development without
2 complying with such minimum parcel area and frontage requirements.
3 Section 5. Applications Affected. This ordinance shall apply
4 to applications for permits filed on and after the effective date of
5 this ordinance but not to applications accepted as complete prior to
6 the said effective date.
7 Section_ 6. Severability. If any part of this ordinance shall
g be held void by a court of competent jurisdiction, such part shall be
g deemed severable, and the invalidity thereof shall not affect the
lp remaining parts of this ordinance.
11 Section 7. Publication.
12 This Ordinance shall be and it is hereby declared to be in full
13 farce and effect from and after thirty (30) days after the date of its
14 passage, and before the expiration of fifteen (15) days after its
15 passage, this Ordinance shall be published once with the names of the
1~ members of the Board of Supervisors voting for and against it in the
17 Chico Enter~ri se Record __ , a newspaper published in the County of Butte,
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State of California.
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1 PASSED AND ADOPTED by the Board of Supervisors of the County of
ry Butte, State of California, on the 25th day of June ,
3 1991, by the following vote:
4 AYES: Supervisors McInturf, Noux, McLaughlin, Fulton and Chair Dolan
5 NOES : None
6 ABSENT: None
'] NOT VOTING: None
8 -_...
OLAN, Chair of the
9 Count Board of Supervisors
1(1
11 ATTEST:
12
WILLIAM H. RANDOLPH, Chief Administrative
13 Officer and Clerk of the Board
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15 By ~
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