HomeMy WebLinkAbout29541
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ordinance No. 2954
AN ORDINANCE OF THE COUNTY OF BUTTE AMENDING SECTION 13-5
OF ARTICLE I OF CHAPTER 13 OF THE BUTTE COUNTY CODE AND ADDING
SECTION 13-5.1 TO SAID ARTICLE, REGARDING EXEMPTIONS
TO THE REQUIREMENT TO OBTAIN A GRADING PERMIT
The Board of Supervisors of the County of Butte, State of
California, ordains as follows:
Section 1. Section 13-5 of Article I of Chapter 13 of the Butte
County Code is amended to read as follows:
"Section 13-5. Exem bons. A grading permit
shall not be required if the work meets any of
the conditions specified below.
(a) Excavation and grading authorized
by a valid building permit as provided for
under Chapter 70 of the Appendix of the
Uniform Building Code, as adopted by Section
26-1 of Chapter 26 of this Code.
(b} An excavation that does not
exceed: (1) ten (10) feet ~.n vertical depth at
its deepest point, measured from the original
ground surface, or {2) one thousand (1,000}
cubic yards on any one lot or parcel of real
property.
(c) Fill on a slope of twenty (20)
percent or flatter that does not exceed: (1}
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1 ten (10) feet in vertical height at its
2 highest point, measured from the original
3 ground surface, or (2) one thousand (1,000}
4 cubic yards on any one lot or parcel of real
5 property.
~ (d) Exploratory excavations which do not
7 exceed one thousand (1,000.} cubic yards at .any
g one site.
g (e} Construction of roads for forestry
1(1 or fire protection purposes, as required by a
11 governmental fire protection agency.
12 (f) Excavations for: cemetery graves,
13 tunnels, wells, mining, quarrying,
14 undergrounding of utilities, public works
15 projects, archaeological sites, or dams and
16 public refuse disposal sites, controlled by
~~ other regulatory agencies.
18 (g) Emergency projects due to
ly landslides, road and ~ bridge washouts,
ng flooding or other natural disasters.
~1 (h) Routine maintenance of roads or man-
22 made or engineered f loud control channels and
2~ levees.
04 (i) Grading specifically authorized by
25 the terms of any discretionary permit or
2~ approval granted by the County of Butte.
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Section 2. Section 13-5.1 is added to Article Z of Chapter 13
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of the Butte County Code to read as follows:
"Section 13-5.1. Determination of Exem tion.
{a) Any person who has not obtained a grading
permit pursuant to this Article but is
proposing to perform grading of any of the
following types shall first obtain a
determination of exemption as specified in
subsection (b) below: (1) An excavation
exceeding 10 feet in vertical depth at its
deepest paint, measured from the original
ground surface, or exceeding one thousand
(1000) cubic yards on any one lot or parcel of
real property. (2) Fi11 on a slope
exceeding twenty percent (200) and exceeding
ten (10) feet in vertical height at its
highest point, measured from the original
ground surface, or one thousand (1000) cubic
yards on any one lot or parcel of real
property.
(b) Any person proposing to do grading
of a type described in Subsection {a) above
shall apply to the Director for a
determination whether such work is exempt
pursuant to Section 13-~ or whether a grading
permit is required pursuant to this Article.
The application for determination of exemption
shall describe the grading which is proposed
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1 including the following information: maximum
~ depth of excavations and fills, maximum slope
3 of area to be graded, volume of excavations
4 and falls, purpose of the grading, nature of
5 land use proposed an connection with the
6 grading and type of exemption claimed pursuant
7 to Section 13-5. The application for
g determination shall be made on a form approved
g by the Director, shall identify the property
lI} by Assessor Parcel Number and street address,
11 and shall be accompanied by a location map and
12 plot plan. Upon receipt of the completed
I3 application the Director shall review it and
I4 may make a site inspection and request any
I5 additional information necessary to determine
l~s whether or not the proposed grading is exempt.
~! The Director shall, within ten days from has
1~ receipt of all information reasonably
19 necessary, make his determination and mail
~~ notification thereof to the applicant stating
~1 whether the proposed grading is exempt or a
`2 grading permit is required.
~,~ {c) It shall be unlawful for any
~~ person to commence grading of a type described
~5 in Subsection (a) unless and until he or she
~~ has obtained a notification of exemption from
~~~ the Director or a grading permit, pursuant to
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1 this Article.
Section 3. Severability. If any part of this ordinance shall be
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held void by a court of competent jurisdiction, such part shall
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be deemed severable, and the invalidity thereof sha11 not affect
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the remaining parts of this ordinance.
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Section 4. Effective Date• Publication.
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This Ordinance shall be and it is hereby declared to be
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in fu11 force and effect from and after thirty (30) days after
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the date of its passage, and before the expiration of fifteen
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(15) days after its passage, this Ordinance shall be published
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once with the names of the members of the Board of Supervisors
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voting for and against it in the Paradise Post , a
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newspaper published in the County of Butte, State of California.
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PASSED AND ADOPTED by the Board of Supervisors of the County
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of Butte, State of California, an the 24th ~ day of
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September _, 1991, by the following vote:
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AYES: Supervisors Nlclnturf, Houx, ~icl.augh7 i n, Fulton and Chai r Dal an
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NOES: None
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ABSENT: Nane
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NOT VOTING : None
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`2 E DO Chair of the ___
Butt County Board of Supervisors
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ATTEST:
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WILLIAM H. RANDOLPH, Chief Admini rative
25 Officer and C e k of the Board
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By c
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~~ (grading.ord)
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