HomeMy WebLinkAbout35431
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
1$
19
2Q'
21
22
23
24
25
26
2~
28
Ordinance Na . 3543
ORDINANCE AMENDING CHAPTER 3 OF THE BUTTE COUNTY CODE
REGARDING CERTAIN FEES CHARGEABLE BY THE DEPARTMENT OF WATER AND
RESOURCE CONSERVATION FOR PROCESSING APPLICATIONS FOR GROUNDWATER
EXPORT AND GROUNDWATER SUBSTITUTE PUMPING PERMITS
The Board of Supervisors of the County of Butte ordains ash
follows:
Article XIII, Comprised of Sections 3-113 - 3-116, entitled
"Water and Resource Conservation Department Fees", of the Butte County
Code, is added to read as follows:
"ARTICLE XIII. WATER AND RESOURCE CONSERVATION DEPARTMENT
FEES
Section 3-113. Groundwater Ex ort and ar Substitute Pum in
~Perinit A lication Processin Fees.
(a) The fee for those services provided in regard to the
processing of an application for the Groundwater Export and/or
Groundwater Substitute Pumping Permits required pursuant to Butte
County Code Chapter 33 shall be that amount which represents the
actual time spent by County personnel or consultants in processing the,
application. The Board of Supervisors shall review this fee not less~l
than every two years in order to determine its appropriateness and/or
sufficiency in regard to facilitating the objective of this
ordinance."
Subsections (1) - (7) of Section 3-113 (a) are added to read as
follows:
"(1). The applicant sha11 submit with his or her application a
deposit of seven thousand dollars ($7,000), plus the sum of one
1
1
2
3
4
5
6
7
8
9
la
11
lz
13
14
15
i6
17
18
19
20
21
2z
23
24
25
26
27
hundred dollars ($100) multiplied by the number of wells which the
applicant proposes to utilize for substitute pumping.
(2). If multiple applications are submitted concurrently as part
of a larger "project," and if such applications share the common
elements specified below in Subsection (a)(3), the Director of Water
and Resource Conservation or his or her designee may waive a portion)
of the deposits, such that only the first applicant for the project
sha11 be required to submit the full deposit of seven thousand dollars
($7,000), plus the sum of one hundred dollars ($100} multiplied by the
number of we11s which the applicant proposes to utilize for substitute
pumping and each subsequent applicant for the project must submit with
his or her application a deposit of one thousand dollars ($1.,000) plus
the sum of one hundred dollars ($100} multiplied by the number of
(wells which the applicant wi11 utilize for substitute pumping.
(3). The Director or his or her designee may waive a portion
of an individual applicant's deposit only if the individual
application has been submitted concurrently with others as part of a
larger "project," and all such applications share the following common
elements required by Butte County Code Section 33-8: common surface
water rights; a common list of all parcels of land where surface water
deliveries are to be reduced; a common list of all we11s identified]
~in Section 33-8(c), (d) and (e); a common map showing the location of
~a11 parcels and wells identified in Section 33-8(c), (d} and (e); al
common groundwater hydrology report which meets the requirements of
Section 33--8(g); a common description of proposed monitoring and
pumping curtailment programs and a common description of a proposed
mitigation program which meets the requirements of Section 33-8(~}.
28 ~~ 2
{4). When the initial deposited funds are depleted to an amount
equal to twenty-five {25) percent of the original deposit, no
additional processing of the application will occur until the
applicant deposits with Butte County sufficient funds to restore a
balance equal to the amount of the initial deposit, unless a lesser
amount is approved by the Director of Water and Resource Conservation
7
8
9
10
11
12
13
14
15
16
17
18,
19
2Q
21
z2
23
24
25
26
27
or his or her designee. Tn the event the applicant does not provide
sufficient funds to continue processing an application, the
application will be denied.
(5). Deposited funds shall be maintained in a separate budget
control account.
(6). When all processing of the application and the proposed
eased includin all rocessin of ro'ect
project (if approved) has c g p g P 7
monitoring and mitigation measures, if necessary, and after final
action on the application and proposed project (if approved) by the
appropriate adjudicatory body, any funds remaining in the account not
required for processing shall be returned to the applicant.
(7). Applicant will be notified to deposit the estimated
publication cost of any required public notices. Tf the actual casts
for County employees' time and publishing are less than the amount
deposited, the remaining amount of the money shall be~returned. Tf
the costs are greater than the estimate, the applicant shall pay the
additional amount. Tn the event that payment is not received far the
additional amounts within thirty (30) days' notice by the Clerk of the
Board, by registered mail, the Clerk of the Board will immediately
notify Central Collections."
28 ~~ 3
1
2
3
Q-
5
6
7
8
9
10
11
12
i3
14
15
16
17
1S
19;
2Q
21
22
23
24
..............................
25
26
27
28
Section 3-1.14. Authority. This ordinance is enacted pursuant to
Government Code Section 66018, Article I, Section 1 of the Butte
County Charter, and Article XI, Section 7 of the California
Constitution.
Section 3-115. Findings_ The Board of Supervisors finds that the
fees as enacted by this ordin:axace do not exceed the estimated
reasonable costs of providing the service far which each such fee is
to be charged.
Section 3-116. Severability. If any provision of this Ordinance or
the application thereof to any person or circumstances is for any
reason held to be invalid by a court of competent jurisdiction, such
provision shall be deemed sevezable, and the invalidity thereof shall
snot affect the remaining provisions or other applications of the
Ordinance which can be given effect without the invalid provision or
application thereof.
Effective Date and Publication. This Ordinance shall. take effect
sixty (60) days after the date of its passage. The Clerk of the Board
of Supervisors is authorized and directed to publish this ordinance
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 Chico
Enterpri~ea newspaper of general circulation published in the County of
Butte, State of California.
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 10th day of August _,
1999, by the €ollowing vote:
AYES: Supervisors Beelex, Roux, ,Tosiassen, Davis
NOES : Chair Dolan
ABSENT : None
NOT VOTING : None ("'~~~
Do1ai'i1, Chair of the
Butt County Board of Supervisors
ATTEST : ~.~
JOHN S. BLACKLOCK
Officer and C1er the Board
r
~w
5
g=\docs\ordinance\waterfe3.ord