HomeMy WebLinkAbout32701
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Ordinance No. 3270
ORDINANCE AMENDING ARTICLE IV, ENTITLED "FLOOD HAZARD
PREVENTION", OF CHAPTER 26 OF THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte ordains asl
follows:
Section 1,_ Section 26-20 of Article TV of Chapter 26 of the Butte
County Code is amended to read as follows:
"Sec. 26-20. Enforcement authority.
The Department of Development Services hereby has these added
responsibilities and is authorized and directed to enforce all the
',provisions of this Article. The director of the Department of
Development Services or his duly authorized designee is designated as
the "Flood Plain Administrator."
Section,. Section 26-21 of Article IV of Chapter 26 of the Butte
County Code is hereby amended to read as follows:
"Sec 25-21. Official maps.
The Butte County Board of Supervisors hereby adopts the Flood
Insurance Study ("FIS"} produced by the Federal Insurance
Administration ("FIA") of the Federal Emergency Management Agency
("FEMA"), and accompanying Flood Insurance Rate Maps ("FIRM") and
Flood Boundary and Floodway Maps ("FBFM"} with Map Index dated
September 29, 1989, and all subsequent amendments and revisions, as
the official maps to be used in determining those areas of special
flood hazard. The FIS and attendant mapping present the minimum area
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of applicability of this Article and may be supplemented by studies
for other areas which allow implementation of this Article and which
are adopted by the Board of Supervisors based on recommendations from
the Flood Plain Administrator. The FIS, FIRMS, and FBFMs are on file
with the Butte County Department of Development Services at 7 County
Center Drive, Oroville, California."
Section 3. Section 2b-22 of Article IV of Chapter 26 of the Butte
County Code is amended to read as follows: -
"Sec. 26-22. Permits.
(A) Additional Requirements in Flood Hazard Zones. Within flood
'hazard Zones A, AE, AH, AO and "shaded" X on the official maps, there
are additional requirements in conjunction with the issuance of
development permits for new construction, substantial improvements and
other developments, including the placement of manufactured homes.
(B} Application. To obtain a development permit in said zones,
the applicant shall first file an application therefor in writing onl
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a county form furnished for that purpose by the Department of ',
Development services and approved by the Director of Development
Services. Every such application shall:
{1} Identify and describe the work to be covered by the permit
for which application is made.
(2) Describe the land on which the proposed work is to be done
by lot, block, tract and house and street address, or
similar description that will readily identify and
definitely locate the proposed building or work.
(3) Indicate the use or occupancy for which the proposed work
is intended.
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(4} Be accompanied by plans and specifications for the proposed
development drawn to scale, and showing the dimensions and
elevation of the site on which the proposed work is to be
done, existing and/or proposed structures, fill, storage of
materials and drainage facilities.
(5) Be signed by the permittee or his authorized agent who may
be required to submit evidence to indicate such authority.
{6) Be accompanied by {a) the proposed National Geodetic
Vertical Datum ( "NGVD" } elevation of the lowest floor of
all structures or in the case of any non-residential
structure which will be floodproofed the proposed NGVD
elevation to which it will be floodproofed; or (b) In AO
zones, the minimum vertical distance above the highest
adjacent grade for the lowest floor.
(7} Be accompanied by all appropriate certifications required
for lowest floor elevations for all structures,
f loodpraofing of non-residential structures, wet;
floodproafing and flaodway encroachments.
(8) Give such other information as reasonably may be required
by the County."
Section__4_._ Section 26-24 of Article IV of Chapter 26 of the Butte
County Code is amended to read as follows:
"8ec. 26-24. Same-Criteria for evaluation.
(A} The County, in reviewing all applications for new
construction, substantial improvements, pre-fabricated buildings,
placement of manufactured homes and other develapment(s} {as defined
in section 26-29 of this Article} will:
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(1) Obtain, review and reasonably utilize, if available, any
regulatory flood elevation and floodway data from federal,
state or other sources, until such other data is provided
by the Federal Insurance Administration in a flood
insurance study.
(2) Require the use of construction materials and utility
equipment that are resistant to flood damage.
(3} Require the use of construction methods and practices that
will minimize flood damage.
(4) Require buildings and manufactured homes be designed or
anchored to prevent the floatation, collapse or lateral
movement of the structure or portions of the structure due
to flooding.
(5) Assure electrical, heating, ventilation, plumbing and air
conditioning equipment and other service facilities shall
be designed and/or located so as to~ prevent water from
entering or accumulating within the components during
conditions of flooding.
(6) Assure encroachments, including fill, new construction,
substantial improvements, and other development, shall be
prohibited in any floodway unless a technical evaluation
demonstrates that the encroachments will not result in any
increase in flood levels during the occurrence of the base
flood discharge.
(7) Require, far all new construction and substantial
improvements, that fully enclosed areas below the lowest
floor that are subject to flooding shall be designed to
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~ Will:
automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be
certified by a registered professional engineer or
architect or meet or exceed the following minimum criteria:
A minimum of two (2) openings having a total net area of
not less than one (1} square inch for every square foot of
enclosed area subject to flooding shall be provided. The
bottom of all openings shall be no higher than one (1} foot
above grade. Openings may be equipped with screens,
louvers, valves, or other coverings or devices. provided
that they permit the automatic entry and exit of
floodwaters.
(B) The County, in addition to the requirements in paragraph (A)
(1) Require, within areas designated as Zones A, AE and AH on'
the official map, that the following standards are met:
(a) The lowest floor elevation of new residential
structures (including manufactured homes) and
substantial improvements to residential structures
shall be elevated one foot or more above the
regulatory flood elevation.
{b} The lowest floor elevation of new nonresidential
structures shall be elevated ane foot or more above
the regulatory flood elevation; or, such
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nonresidential structures, together with attendant utility
and sanitary facilities shall;
Z. Be floodpraofed so that below the base flood
elevation the structure is watertight with walls
substantially impermeable to the passage ofd
water;
2. Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of
buoyancy; and
3. Be certified by a registered professional
engineer or architect that the design and methods
of construction are in accordance with accepted
standards of practice for meeting the provisions
of this paragraph.
(2) Require within any Ao Zone that all new construction and
substantial improvements of residential structures have the
lowest floor elevated above the highest adjacent grade at
least one foot higher than the depth number specified in
feet on the official map (at least three (3) feet if no
depth number is specified). Nonresidential structures
shall either meet the requirements of this subsection or be
floodproofed in accordance with the requirements of
subsection B(1)(b) above.
(3) Assure that in regard to manufactured homes specific
anchoring requirements are as follows:
(a) Areas designated Zone A and AO:
1. The lowest floor elevation of new manufactured
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homes and substantial improvements toy
manufactured homes shall be elevated one foot orb
more above the regulatory flood elevation.
2. All manufactured homes and additions to
manufactured homes shall be anchored to resist
floatation, collapse or lateral movement by one
{1) of the following methods:
a. By providing an anchoring system designed to~
withstand horizontal forces of fifteen (l~)
pounds per square foot and uplift forces of
nine (9} pounds per square foot; or
b. By the anchoring of the unit's system
designed to be in compliance to the
department of housing and development mobile
home construction and safety standards.
(b) Areas designated Zones AE and AH; Require that all
manufactured homes to be placed or substantially
improved be elevated on a foundation such that the
lowest floor of the manufactured home is elevated one
foot or more above the base flood elevation, and be
securely anchored to an adequately anchored foundation
system in accordance with the provisions of paragraph
B(3)a.
(4) Require, within Zones AH and AO, adequate drainage paths
around structures on slopes, to guide floodwaters around
and away from proposed structures.
(5) Require, within any Shaded Zone X that the following
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standards are met:
(a) The lowest floor elevation of new residential
structures (including manufactured homes) and
substantial improvements to residential structures
shall be elevated one foot or more above the
regulatory flood elevation.
(b) The lowest floor elevation of nonresidential
structures shall be elevated or floodproofed to one
foot or more above the regulatory flood elevation; or,
such nonresidential structures, together with
attendant utility and sanitary facilities, shall:
1. Be floodproofed so that below the base flood
elevation the structure is watertight with walls
substantially impermeable to the passage of
water;
2. Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of
buoyancy; and
3. Be certified by a registered professional
engineer or architect that the design and methods
of construction are in accordance with accepted
standards of practice for meeting the provisions
of this paragraph."
Section 26-29 of Article IV of Chapter 26 of the Butte
County Code is amended to read as follows:
"Sec. 2C-29. Definitions.
Unless sp ecifically defined below, words or phrases used in this
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Article shall be interpreted sa as to give them the same meanings as
they have in common usage and so as to give this article its most
reasonable applications:
{1) Areas of special flood hazard: The land within a community
subject to a one (1) percent or greater chance of flooding
in any given year. This land is identified as Zones A, AE,
AH, Ao and shaded X on the official maps.
(2) Development: Any man-made change to improved or unimproved
real estate, including but not limited to buildings or
other structures, mining, dredging, filling, grading
(except grading in any A-5, A-10, A-3.5, A-20, A-40, A-160
or AI zone far agricultural purposes and which does not
increase flood levels upstream, or downstream), paving,
excavation or drilling operations.
(3} Flood: A temporary rise in stream's flow or state that
results in water overflowing its banks and inundating areas.,
adjacent to the channel, or an unusual and rapid
accumulation of runoff or surface waters from any source.
(4) Floodproofing: Any combination of structural and
nonstructural additions, changes or adjustments to
structures, including utility and sanitary facilities,
which would preclude the entry of water. Structural
components shall have the capability of resisting
hydrostatic and hydrodynamic loads and the effect of
buoyancy.
{5} Lowest floor: The lowest floor of the lowest enclosed area
(including basement). An unfinished or flood-resistant
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enclosure, usable solely for parking of vehicles, building
access or storage, in any area other than a basement area,
is not considered a building's lowest floor, provided that
such enclosure is not built so as to render the structure
in violation of the applicable non-elevation design
requirements of this article.
{6) Manufactured home: Far the purposes of this Article, a
structure, transportable in one (1) or more sections, which
is built on a permanent chassis and designed to be used
with or without a permanent foundation when connected to
the required utilities, including a recreational vehicle or
travel trailer placed on a site for more than one hundred
eighty (180) days.
(7) Manufactured home subdivision: "Manufactured home
subdivision" means a parcel (or contiguous parcels) of land'
which has been divided into two (2) ar more lots far rent
or sale and the placement of manufactured homes.
(8) Regulatory flood elevation: The water surface elevation of
the 100-year flood.
(9) Structure: A walled and roofed structure, including a gas
or liquid storage tank that is principally above the
ground, including but without limitation to buildings,
factories, sheds, cabins, and mobile homes.
(10) Substantial improvement: "Substantial improvement" means
any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds fifty (50} percent of
the market value of the structure either:
(a) Before the improvement is started; or
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(b) If the structure has been damaged and is being
restored before the damage occurred.
For the purposes of this definition "substantial
improvement" is considered to occur when the first
alteration of any wall, ceiling, floor or other structural
part of the building commences, whether or not that
alteration affects the external dimensions of the
structure. The term does not, however, include any
alteration to comply with existing state or local health,
sanitary, building or safety codes or regulations as well
as structures listed in national or state registers of
historic places.
(11) Z00-year flood: The condition of flooding having a one (1)
percent change of annual occurrence."
Section 6. Severabil,j,~y1
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.
,~ection__7__~ Effective Date and Publicati~n3 This Ordinance shall be
and it is hereby declared to be in full force and effect from and
after thirty {30) days after the date of its passage, and before the
expiration of fifteen (15) days after its passage, this Ordinance
shall be published
once with the names of the members of the Board of Supervisors voting
for and against it in the Ghica Enterprise ~tecord , a
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 of
Butte, State of California, on the 25~h day of ,Tune _~
1996, by the fallowing voter
AYES: Supervisors Dolan, Houx, Thous and Vice Chair Meyer
NOES : None
ABSENT : Chair McLaugh~.in
NOT VOTING: None
Butte Caunty
ATTEST:
JOHN S. BLACKLOCK
Officer and Clerk of the Board
By ~~ ~ ~_ ~J~-~~.
WP61\ORDINANC\FZOOD.CLN
' ~.ce Chair
f he
Supervisors
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