HomeMy WebLinkAbout3598Ordinance No. 3598
~ AN ORDINANCE AMENDING ARTICLE 1V, ENTITLED "FLOOD HAZARD PREVENTION"
OF CHAPTER 26, ENTITLED "BUILDIlVGS", OF THE BUTTE COUNTY CODE
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The Board of Supervisors of the County of Butte ordains as follows:
Section i. Article N, entitled "Flood Hazard Prevention", of Chapter 26, entitled "Buildings", of the
~ Butte County Code, is amended to read as follows:
"ARTICLE IV. FLOOD HAZARD PREVENTION
Sec. 26-20. Enforcement authority.
The Department of Development Services 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."
Sec. 26-21. 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 Tune $, 199$, 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 of applicability of this Article, which area may be
supplemented by ordinance adopted by the Board of Supervisors based on studies and on
recommendations from the flood plain administrator. The F1S, FIRM's, and FBFM's are on file with
the Butte County Department of Development Services at 7 County Center Drive, Oroville, California.
'~~ 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
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issuance of development perznats far new construction, substantial improvements and other
developments, including the placement of manufactured homes, as set forth in this Article.
(b} Application. To obtain a development permit in said zones, the applicant shall first file an
application therefor in writing on 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, ar
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;
{4) Be accompanied by plans and specifications far 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;
(b} Be accompanied by:
a. The proposed National Geodetic Vertical Datum ("NGVD") elevation of the
lowest floor of all structures ar, in the case of any nonresidential structure which
will be floodproofed, the proposed NGVD elevation to which it will be flood
proofed; or
b. In AO zones, the minimum vertical distance above the highest adjacent grade far
the lowest floor;
(7) Be accompanied by all appropriate certifications required for lowest floor elevations for
all structures, floodproofing of nonresidential structures, wet floodproofing and floodway
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encroachments;
(8) Give such other information as reasonably may be required by the County.
Sec. 26-23. Review of development permit applications-Generally
(a} The Department of Development Services shall review all development permit
applications to determine that
{1) the site of the proposed development is reasonably safe from flooding;
{2) all necessary permits have been received as required by federal or state law;
{3) the proposed development does not adversely affect the carrying capacity of areas
where base flood elevations have been determined but a floodway has not been',
designed. Far purposes of this ordinance, "adversely affects" means that the
cumulative effect of the proposed development when combined with all other
existing and anticipated development will increase the water surface elevation on
neighboring properties. The County will not allow development to increase the
water surface elevation of the base flood more than one foot at any point, nor will
it allow any increase in the base flood elevation which adversely affects any
neighboring property.
Sec. 26-24. Same-Criteria for evaluation.
(a) The county, in reviewing all applications for new construction, substantial improvements,
prefabricated buildings, placement of manufactured homes and other development(s) (as defined in
section 26-29 of this article) will:
(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 to be designed or anchored to prevent the
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flotation, 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 andlor 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 certification by a
registered professional engineer demonstrates that the encraachments will not result in
any increase in flood levels during the occurrence of the base flood discharge;
(7) Require, for all new construction and substantial improvements, that fully enclosed areas
below the lowest floor that are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces an exterior walls by allowing for the entry and exit of
floodwaters. Openings in foundation walls shall comply with FEMA Technical Bulletin
1-93.
(b) The county, in addition to the requirements in paragraph (a) will:
(1) Require, within areas designated as Zones A, AE, AH, and shaded X 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
a minimum of one (1) foot or more above the regulatory flood elevation. Upon
completion of the structure, the elevation of the lowest floor including basement
shall be certified by a registered professional engineer or surveyor, and verified
by a county building inspector to be properly elevated. Such certification and
verification shall be provided to the Flood plain Administrator.
b. The lowest floor elevation of new or substantially improved nonresidential
structures shall either meet Section 26-24(b)(1)a; or, such nonresidential
structures, together with attendant utility and sanitary facilities, shall:
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1. Be flood proofed so that below the regulatory 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.
(2) Require within any area designated as Zone AO on the official map, that the
following standards are met;
a. The lowest floor elevation of new and substantially improved residential
structures shall be elevated above the highest adjacent grade at least one (I) foot
higher than the depth number specified in feet on the official map (at least three ~~
(3) feet if no depth number is specified). Upon completion of the structure, the
elevation of the lowest floor including basement shall be certified by a registered
professional engineer ar surveyor, and verified by a County building inspector
to be properly elevated. Such certification and verification shall be provided to
the Flood plain Administrator.
b. The lowest floor elevation of new or substantially improved non-residential
structures shall either meet section 26-24(b}(2}a; or, be flood proofed below the
elevation as specified under section 26-24{b}{2)a in accordance with the
requirements of FEMA Technical Bulletin 3-93.
(3} Assure that in regard to manufactured homes that the following standards are met:
a. Areas designated Zone AO:
1. All manufactured homes that are placed or substantially improved
shall be elevated on a permanent foundation system such that the
lowest floor is elevated above the highest adjacent grade at least
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one (1}foot or mare than the depth number specified in feet on
the official map (at least (3} feet if no depth number is specified}.
2. All manufactured homes that are placed or substantially improved
shall be anchored to resist flotation, collapse or lateral movement,
and installed in accordance to FEMA Publication 8S entitled
"Manufactured Home Installation in Flood Hazard Areas".
3. Upon completion of the structure, the elevation of the lowest
floor including basement shall be certified by a registered
professional engineer or surveyor, and verified by a County
building inspector to be properly elevated. Such certification and
verification shall be provided to the Flood plain Administrator.
b. Areas designated Zones A, AE, AH, and Shaded "X":
1. Require that all manufactured homes to be placed or substantially
improved be elevated on a permanent foundation system such that
the lowest floor of the manufactured home i s elevated one (1)
foot or more above the regulatory flood elevation, and shall meet !,
the provisions of paragraph (b}(3)a2 and 3 of this subsection.
(4) Require, within Zones AH and AO, adequate drainage paths around structures on
slopes, to guide floodwaters around and away from proposed structures.
Sec. 25-25. Subdivision applications.
All subdivision applications filed in Zones A, AE, AH, AO and Shaded "X" on the official map
I shall be reviewed to assure that:
(A} All such proposed developments are consistent with the need to minimize flood damage.
(B) Subdivisions and parcel maps shall, as a condition of approval, establish regulatory flood
elevations and note same on final map prior to recordation of the final map.
(C} Adequate drainage is provided so as to reduce exposure to flood hazards.
(D} All public utilities and facilities are located so as to minimize or eliminate flood damage.
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Sec. 26-25. New water and sewer systems.
New and replacement water and sewer systems shall be constructed to eliminate or minimize
infiltration of floodwaters into systems, and discharge from systems into floodwaters. Moreover, on-site
waste disposal systems will be designed and located to avoid impairment to them or contamination from
them during flooding.
Sec. 26-27. Cooperation with other agencies.
The County will work with appropriate state and federal agencies in every way possible in
complying with the National Flood Insurance Program in accordance with the National Flood Disaster
Protection Act of 1973.
Sec. 26-28. Conflicting ordinances.
This Article shall take precedence aver conflicting ordinances or parts of ordinances. The Butte
County Board of Supervisors may, from time to time, amend this Article to reflect any and all changes
in the National Flood Disaster Protection Act of 1973. The regulations of this Article are in compliance
with the National Insurance Program Regulation as published in the Federal Register, Volume 41,
Number 207, dated October 2b, 1976.
Sec.26-29. Definitions.
Tez-rns or words as used in this chapter shall have the meaning as defined in 44 Code of Federal
Regulations {CFR), Chapter 1, Subchapter B, Insurance and Hazard Mitigation, National Flood
Insurance Program, Part 59-General Provisions, Subpart A-General unless specifically defined below.
Words or phrases used in this article not defined in 44CFR or below 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 the County 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 manmade change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling, grading {except grading in any
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A-5, A-10, A-15, A-20, A-40, A-160 or AT zone for agricultural purposes and which does not increase
flood levels upstream or downstream), paving, excavation, drilling operations or storage of equipment
I or materials.
(3} Flood: A temporary rise in a stream's flaw 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}Flood Insurance Rate Map: The official map on which the Federal Emergency Management
~ Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and
the risk premium zones applicable.
(5}Flood Insurance Study: The official report provided by the Federal lnsurance Administration
~ that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and
the water surface elevation of the base flood.
(6) Floodproojing: Any combination of structural and nonstructural additions, changes or
~ adjustments tonon-residential 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.
(7}Floodway: The channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the regulatory flood without cumulatively increasing the water surface
elevation more than one foot.
($} Highest Adjacent Grade: The highest natural elevation of the ground surface prior to
~ construction next to the proposed walls of a structure.
(9} Lowest floor: The lowest floor of the lowest enclosed area (including basement). An
unfinished orflood-resistant 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.
(10) Manufactured home: For the purposes of this Article, a structure, transportable in one (1}
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or mare 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 and does not include a recreational
~ vehicle, or travel trailer.
11 Manufactured home park (subdivision): "Manufactured home subdivision" means a parcel
~ {or contiguous parcels) of land which has been divided into two (2} or more lots for rent or sale and the
~ placement of manufactured homes.
(12) New Construction: For the purposes of this article, means structures for which the "start of
~ construction" commenced on or after the effective date of flood plain management regulations adopted
by this County, and includes any subsequent improvements to such structures.
(13) Regulatory flood elevation: The water surface elevation of the 100-year flood.
(14) 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
manufactured homes.
(15) Substantial Damage: Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the market
value of the structure before the damage occuzred.
(16) Substantial Improvement: "substantial improvement" means any reconstruction,
rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or
exceeds 50 percent of the market value of the structure before the "start of construction" of the
improvement. This term includes structures which have incurred "substantial damage", regardless of
the actual repair work performed. The term does not, however, include either
a. Any project for improvement of a structure to correct existing violations or state or local
health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the rninrrnum necessary to assure safe living conditions; or
b. any alteration of a "historic structure", provided that the alteration will not preclude the
structure's continued designation as a "historic structure."
{17)100-year flood: The condition of flooding having a one (1) percent chance of annual
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occurrence.
Sec. 2G-30. Records; notice of water course alteration.
(1} The Department of Development Services will maintain a record of elevation information
required by section 26-22{b)(6).
(2) The Department of Development Services will notify, in riverine situations, adjacent
communities and the California Department of Water Resources (DWR} prior to any alteration or
relocation of a watercourse, and will submit copies of such notification to the Federal Insurance
Administration.
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(3} The Department of Development Services will assure that the flood-carrying capacity within any
altered or relocated portion of any watercourse is maintained."
Section 2. SeverabiIity.
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
severable, and the invalidity thereof shall not affect the remaining provisions or other applications of the
Ordinance which can be given effect without the invalid provision or application thereof.
Section 3. Effective Date and Publication. This Ordinance shall take effect thirty (30) 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 far and against it, in the
Chico Enterprise
a newspaper of general circulation published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the l Ith day of April , 2000, by the following vote:
AYES: Supervisors Beeler, Hoax, ,Tosiassen, Davis and Char- Dolan
NOES: None
ABSENT: None
NOT VOTING: None r..
~"A~TE DOL~.N, Chair of the
Bu e County Board of Supervisors
I ATTEST:
JOHN S. BLACKLOCK
Officer and Clerk of the Board
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