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Ordinance No. 3909
AN ORDINANCE AMENDING PORTIONS OF CHAPTER 19 ENTITLED
"SEWAGE DISPOSAL" AND PORTIONS OF ARTICLE IV, ENTITLED
"FLOOD HAZARD PREVENTION" OF CHAPTER 26, ENTITLED
`BUILDINGS", OF THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Chapter 19, entitled "Sewage Disposal", of the Butte County Code, is amended
to read as follows:
1.9-11 Location of systems.
{a) Any sewage disposal system constructed under the provisions of 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 1, 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 sepazation distances set forth in Table II, and if
the system is either:
(1) On a subdivision lot five (5) acres in size or lazger created prior to July 1,
1949;
(2) On a subdivision lot created on or after July 1, 1949, 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 be allowed on any parcel or lot created on or after January
20, 1987.
Minimum Separation Distances in Feet
Table I
Drainage
Course or ~
Building Property
Public Individual Perennial Lake or Ephemeral
,
Well ~ Well Stream Reservoir Stream ~ Foundation Line
~ Septic ~ 100' S0' S0' ~ 50' 25' 5' 5'
tank
Leach 100' 100' 100' 200' S0' S' S'
field I ~;
Seepage 150' 150' 100' 200' ~ 50' 1 5' S'
pit
Flood Plain Administrator Ordinance
Apri126, 2005
Page 1 of 7
Separation Distances in Feet
Table II ~
Water Perennial Lake or Building Property
Well Stream Reservoir Foundation Line
Septic 50' S0' S0' S' S'
Leach 50' 50' 100' S' S'
field
Seepage 150' S0' 150' 5' 5'
pit
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{d) In addition to the above requirements, any sewage disposal system
constructed within an identified flood plain, pursuant to §Z6-21 of this Code,
shall comply with the provisions of §26-2C of this Code.
Section 2. The following Sections of Article N, entitled "Flood Hazard Prevention", of
Chapter 26, entitled "Buildings", of the Butte County Code, are amended to read as
follows:
26-20 Enforcement authority.
The department of Development Services is authorized and directed to enforce all
the building provisions of this article. The director of the Department of Public
Works or his duly authorized designee is designated as the "flood plain
administrator".
26-2i 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 boundazy and floodway maps ("FBFM"} with map
index dated June 8, 1998, and alI subsequent amendments and revisions, as the
official maps to be used in determining those areas of special flood hazazd. 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
FIS, FIRM's, and FBFM's are on file with the Butte County Department of Public
Works at 7 County Center Drive, Oroville, California.
Flood Plain Administrator Ordinance
April 26, 2005
Page 2 of 7
26-22.1 Review pursuant to CEQA.
2 An application for a permit pursuant to this Article, except a huiIding permit as
3 def ned in the California Building Code or a sewage disposal or well permit issued
4 by the Environmental Health Division of the Public Health Department, shall be
5 subject to review pursuant to the California Environmental Quality Act.
6
7 26-23 Review of development permit applications--Generally.
8 {a) The Department of Development Services and Department of Public Works
9 shall review all development permit applications to determine that:
10 (1) The site of the proposed development is reasonably safe from flooding;
11 {2) All necessary permits have been received as required by federal or state law;
12 (3) The proposed development does not adversely affect the carrying capacity of
13 azeas where base flood elevations have been determined but a floodway has not
14 been designed. For purposes of this article, "adversely affects" means that the
15 cumulative effect of the proposed development when combined with all other
16 existing and anticipated development will increase the water surface elevation on
17 neighboring properties. The County will not allow development to increase the
18 water surface elevation of the base flood more than one {1) foot at any point, nor
19 will it allow any increase in the base flood elevation which adversely affects any
20 neighboring property.
21 {b) The Environmental Health Division of Public Health shall review the proposed
22 location of sewage disposal systems to determine if they are within 100 feet of
23 the~10 year flood plain.
24 26-24 Same--Criteria for evaluation.
25 (a) The county, in reviewing all applications for new construction, substantial
26 improvements, prefabricated buildings, placement of manufactured homes and other
27 development{s) (as defined in section 26-29 of this article) will:
28 (1) Obtain, review, and reasonably utilize, if available, any regulatory flood
29 elevation and floodway data from federal, state or other sources, until such other
30 data is provided by the Federal Insurance Administration in a flood insurance
31 study;
32 (2) Require the use of constnzction materials and utility equipment that are
33 resistant to flood damage;
34 (3) Require the use of construction methods and practices that will minimize flood
35 damage;
36 {4} Require buildings and manufactured homes to be designed ar anchored to
37 prevent the flotation, collapse or lateral movement of the structure or portions of
38 the structure due to flooding;
39 (S) Assure electrical, heating, ventilation, plumbing and air conditioning
40 equipment and other service facilities shall be designed andlor located so as to
41 prevent water from entering or accumulating within the components during
42 conditions of flooding;
Flood Plain Administrator Ordinance Page 3 of 7
Apri126, 2005
1 (6) Assure encroachments, including fill, new construction, substantial
2 improvements and other development, shall be prohibited in any floodway unless
3 certification by a registered professional engineer demonstrates that the
4 encroachments will not result in any increase in flood levels during the occurrence
5 of the base flood discharge;
6 (7} Require, for all new construction and substantial improvements, that fully
7 enclosed areas below the lowest floor that are subject to flooding shall be
8 designed to automatically equalize hydrostatic flood forces on exterior walls by
9 allowing for the entry and exit of floodwaters. Openings in foundation walls shall
10 comply with FEMA Technical Bulletin 1-93.
11 (b) The county, in addition to the requirements in paragraph {a) will:
12 (1) Require, within areas designated as Zones A, AE, AH, and shaded X on the
13 official map, that the fallowing standards are met;
14 a. The lowest floor elevation of new residential structures (including
15 manufactured homes) and substantial improvements to residential
16 structures shall be elevated a minimum of one (1} foot or more above the
17 regulatory flood elevation. Upon completion of the structure, the elevation
18 of the lowest floor including basement shall be certified by a registered
19 professional engineer or surveyor, and verified by a county building
20 inspector to be properly elevated. Such certification and verification shall
21 be provided to the Director of Development Services or designee.
22 b. The lowest floor elevation of new or substantially improved
23 nonresidential structures shall either meet section 26-24{b}(1)a; or, such
24 nonresidential structures, together with attendant utility and sanitary
25 facilities, shall:
26 1. Be flood proofed so that below the regulatory flood elevation the
27 structure is watertight with walls substantially impermeable to the
28 passage of water;
29 2. Have structural components capable of resisting hydrostatic and
30 hydrodynamic loads and effects of buoyancy; and
31 3. Be certified by a registered professional engineer ar architect
32 that the design and methods of construction are in accordance with
33 accepted standards of practice for meeting the provisions of this
34 paragraph.
35 {2) Require within any area designated as Zone AO on the official map, that the
36 following standards are met;
37 a. The lowest floor elevation of new and substantially improved residential
38 structures shall be elevated above the highest adjacent grade at least one
39 (1) foot higher than the depth number specified in feet an the official map
40 (at least three (3) feet if no depth number is specified). Upon completion
41 of the structure, the elevation of the lowest floor including basement shall
42 be certified by a registered professional engineer ar surveyor, and verified
43 by a county building inspector to be properly elevated. Such certification
44 and verification shall be provided to the Director of Development Services
45 or designee.
46 b. The lowest floor elevation of new or substantially improved
47 nonresidential structures shall either meet section 26-24{b)(2)a; or, be
Flood Plain Administrator Ordinance Page 4 of 7
Apri126, 2005
1 flood proofed below the elevation as specif ed under section 26-24{b)(2)a
2 in accordance with the requirements of FEMA Technical Bulletin 3-93.
3 {3} Assure that in regard to manufactured homes that the following standards are
4 met:
5 a. Areas designated Zone AO:
6 1. All manufactured homes that are placed or substantially
7 improved shall be elevated on a permanent foundation system such
$ that the lowest floor is elevated above the highest adjacent grade at
9 least one (1) foot or more than the depth number specified in feet
10 on the official map {at least {3) feet if no depth number is
11 specif ed).
12 2. All manufactured homes that are placed or substantially
13 improved shall be anchored to resist flotation, collapse or lateral
14 movement, and installed in accordance to FEMA Publication 85
1 S entitled "Manufactured Home Installation in Flood Hazard Areas".
16 3. Upan completion of the structure, the elevation of the lowest
17 floor including basement shall be certified by a registered
18 professional engineer or surveyor, and verif ed by a county
19 building inspector to be properly elevated. Such certif cation and
20 verification shall be provided to the Director of Development
21 Services or designee.
22 b. Areas designated Zones A, AE, AH, and Shaded "X":
23 I. Require that all manufactured homes to be placed or
24 substantially improved be elevated on a permanent foundation
25 system such that the lowest floor of the manufactured home is
26 elevated one (1) foot or more above the regulatory flood elevation,
27 and shall meet the provisions of paragraph (b)(3)a. 2 and 3 of this
28 subsection.
29 (4) Require, within Zones AH and AO, adequate drainage paths around structures
30 on slopes, to guide floodwaters around and away from proposed structures.
31 (c) The Director of Development Services or designee shall, upon completion of
32 building construction, certify to the floodplain administrator, compliance with the
33 provisions of this section.
34 26-25 Subdivision applications.
35 All subdivision applications filed in Zones A, AE, AH, AO and Shaded "X" on the
36 official map shall be reviewed, by the Department of Public Worlcs, to assure that:
37 (A} All such proposed developments are consistent with the need to minimize
3 8 flood damage.
39 (B} Subdivisions and parcel maps shall, as a condition of approval, establish
40 regulatory flood elevations and note same on final map prior to recordation of the
41 final map.
42 {C) Adequate drainage is provided so as to reduce exposure to flood hazards.
43 {D) All public utilities and facilities are located so as to minimize or eliminate
44 flood damage.
Flood Plain Administrator Ordinance Page 5 of 7
April 2b, 2005
1 26-26 New water and sewage disposal systems.
2 New and replacement water and sewage disposal systems, to be installed under
3 permit(s) issued by the Environmental Health Division of the Public Health
4 Department, shall be constructed to eliminate or minimize infiltration of
5 floodwaters into systems, and discharge from systems and will be designed and
6 located to avoid impairment to them or contamination from them during flooding.
7 New or replacement conventional sewage disposal systems, except for tight lines,
8 are not allowed within a 10-year flood plain. When feasible sewage disposal
9 systems should be located a minimum of 100 feet from the 10-year flood plain.
10 Mitigation measures, such as an engineered designed system, may allow placement
11 of a sewage disposal system within a 10-year flood plain, subject to approval by
12 Environmental Health Division.
13 26-27`.1 Notice of proposed permit issuance.
i4 Prior to issuance of any permit pursuant to this Article, except a building ,notice
15 shall be given as follows:
16 (a) Notice shall be mailed by first class mail to the board of supervisors, the
17 applicant, and all landowners owning real property within two thousand (2,000)
18 feet of the boundaries of the property on which the development is proposed, not
19 less than thirty (30) days prior to the proposed issuance date.
20 (b) Notice shall be published in a newspaper of general circulation in the County
21 of Butte pursuant to Government Code section 6062a.
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23 Section 3. Severabili
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25 7f any provision of this Ordinance or the application thereof to any person or
26 circumstances is for any reason held to be invalid by a court of competent jurisdiction,
27 such provision shall be deemed severable, and the invalidity thereof shall not affect the
28 remaining provisions or other applications of the Ordinance which can be given effect
29 without the invalid provision or application thereof.
30 Section 4. Effective Date and Publication
31 This Ordinance shall take effect thirty (30) days after the date of its passage. The
32 Clerk of the Board of Supervisors is authorized and directed to publish this Ordinance
33 before the expiration of fifteen (15) days after its passage. this Ordinance shall be
Flood Plain Administrator Ordinance Page 6 of 7
April 26, 2005
1 published once, with the names of the members of the Board of Supervisors voting for
2 and against it, in the ~nterprise-
3 Recora , a newspaper of general circulation published in the County of Butte, State
4 of California.
5 PASSED AND ADOPTED by the board of Supervisors on the County of Butte,
6 State of California, on the -24th day of May , 2005, by the following
7 vote:
$ AYES: Supervisors Conne7.l.y, Dolan, Houma, Jasiassen and Chair Xamaguchi
9 NOES: None
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ABSENT: None
NOT VOTING: None
f
Kim K. Yamaguchi, Chair of the
Butte County Board of Supervisors
ATTEST:
PAUL McINTOSH
Officer and Clerk of the Board
~.
u y
Flood Piain Administrator Ordinance
Apri126, 2005
Page 7 of 7