HomeMy WebLinkAbout39651
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Ordinance No. ~y_.~~ __
aN ORDINANCL; AMENDINU CHAP"I~ER 35 PROTEC"hION OF 1~GRICUL"1'UfZ1~1: L,f1ND
OF THE BUI°TE COUN"I~Y CODE
hhe Board of Supervisors of the County of Butte ordains as follows:
Section 1. Butte County Code Section 35-1 is repealed and replaced as follows:
Sec. 35-1. Short title.
This article shall be known and may be cited as the Butte County Right to Farm Ordinance or the Right
to Farm Ordinance.
Section 2. Butte County Code Section 35-2 is repealed and replaced as follows:
Sec. 35-2. Findings.
(a) It is the declared policy of this county to conserve, protect, enhance, and encourage agricultural
operations on agricultural land within the unincorporated area of the county. Further, it is the intent of
this county to provide its residents proper notification of the county's recognition and support, through
I this article, of the right to farm;
I, (b) Where nonagricultural land uses, particularly residential and commercial development, extend onto
agricultural land or exist side by side with agricultural operations, agricultural operations are frequently
the subject of nuisance complaints. As aresult, some agricultural operations are forced to cease or curtail
their operations and many others are discouraged from making investments in improvements to their
operations, all to the detriment of adjacent agricultural uses and the economic viability of the county's
agricultural industrti- as a whole. It is the purpose and intent of this article to reduce the loss to the county
of its agricultural resources by limiting the circumstances under which properly cond~icted agricultural
operations on agricultural land may be considered a nuisance;
(c) It is the further purpose and intent of this article to promote agood-neighbor policy by requiring
notification of owners, purchasers, residents, and users of property adjacent to or near agricultural
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operations on agricultural land ofthe in}~crent potential problems associated with being located near Such
operations, including, without limitation, noise, odors, Nimes, dust, smoke, insects, operation of
machinery during any time of day or night, storage and disposal of manure, and ground or aerial
application of fertilizers, soil amendments, seeds and pesticides. It is intended that, through mandatory
disclosures, owners, purchasers, residents and users will better understand the impact of living or
working near agricultural operations and be prepared to accept attendant conditions from properly
conducted agricultural operations as a normal and necessary aspect of living in a county with a strong
rural character and an active agricultural sector;
(d) It is the fizrther purpose and intent of this article to carry out and advance the goals, objectives,
policies, and implementation programs of the agricultural element of the general plan.
Section 3. Butte County Code Section 35-3 is repealed and replaced as follows:
Sec. 35-3. Relationship to other laws.
This article is not intended to, and shall not be construed or given effect in a manner so as to modify or
abridge federal taw or regulation, or state law as set out in th.e Civil Code, Health and Safety Code, Fish
and Game Code, Food and Agricultural Code, Division 7 of the Water Cade, or any other applicable
provision of state law relative to nuisances; instead, this article is only to be utilized in the interpretation
and enforcement of provisions of this code and county regulations. Further, this article is not intended
to, and shall not be construed or given effect in a manner so as to, limit or restrict the county's authority
to revie~~~ and approve or disapprove proposals for agriculhlral operations nn agricultural land in
accordance with other provisions of this code or other laws.
Section 4. Butte County Code; Section 3s-4 is repealed and replaced as follows;
Sec. 35-~. Schedule of fees and charges.
The board of supervisors may from time to time establish a schedule of fees and charges following the
procedures required by law to recover the reasonable cost of providing services, issuing permits.
recording documents, and enforcing regulations pursuant to this article.
Section s. Butte County Code Section 3s-s is added as follows:
Sec. 35-5. Definitions.
lJnless the provision or context othertivise requires, the definitions contained in this section shall govern
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the construction of this article. 'fhe definition of a ti~ord or phrase applies to any of that word's or
phrase's v~u~iants,
"Adjacent to agricultural land" means within three hundred feet (300' j of agricultural land.
"Agricultural land" means all that real property within the unincorporated area of~ the county with a
general plan land use designation of Grazing and Open Lands and Orchard and Pield Crop and areas
abutting those two land use designations along the interior 300 feet of community boundaries and spheres
of influence lines.
"Agricultural operation" means and includes, but shall not be limited to, the cultivation and tillage of the
soil, dairying, the production, il~igation, frost protection, cultivation, growing, harvesting, processing
and storing of any agricultural commodity, including viticulture, horticulture, timber or apiculture, the
raising of livestock, fur bearing animals, fish or poultry, and any commercial agricultural practices
performed incident to or in conjunction with such operations, including preparation for market, delivery
to storage or to market, or delivery to carriers for transportation to market.
"Development approval" means all of the following:
(a) Any discretionary approval granted pursuant to Chapters 13, 20, 24 and 26 of this code to allow
residential or commercial development of land, including, ti~°ithout limitation, any approval of a zone
change, tentative map, lot line adjustment, use permit, or design revie~~~.
(b}Any building permit issued pursuant to Chapter 26 of this code to allow construction of a new single-
familydwelling, enlargement of an existing single-family dwelling by six hundred forty (640) square feet
or more of floor area, or installation of a manufactured home.
'`Director of Development Services" includes his or her authorized representative.
"General plan" means the Butte County general plan.
"Properly conducted agricultural operation" means an agricultural operation that is in conformance with
existing laws and regulations and proper and accepted customs and standards.
"Treasurer/tax collector" means thetreasurer/tax collector of the county or his or her authorized representative.
"Zoning ordinance" means the Butte County zoning ordinance set forth in Chapter 24 of this code.
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Section 6. Butte County Code Section 35-6 is added as follows:
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Sec. 35-6. Nuisance-Agricultural o~~eration.
No agricultural operation conducted or maintained on agricultural land in a manner consistent with
proper and accepted customs and standards, as established and followed by similar agricultural
operations in the county, shall be or become a nuisance for purposes of this code or county regulations
if it was not a nuisance when it began, provided that such operation complies with the requirements of
all applicable federal, state, and county statutes, ordinances, rules, regulations, approvals and permits.
The provisions of this section shall not apply where a nuisance results from the negligent or improper
management or operation of an agricultural operation.
Section 7. Butte County Code Section 35-7 is added as follows:
Sec. 35-7. llisclosure cif article to current owners.
The treasurerltax collector shall cause the following notice to be mailed to all owners of real property
within the county with the annual tax bill:
The County of Butte permits the operation of properly conducted agricultural operations on agricultural
land within the unincorporated area of Butte County and has declared this County policy in the Butte
County Right to Farm Ordinance (Butte County Code, Chapter 3S) to conserve, protect, enhance. and
encourage such operations. Residents or users of property located near an agricultural operation on
agricultural land may at times be subject to inconvenience or discomfort arising from that operation,
including, without limitation. noise, odors, fumes, dust, smoke, insects, operation of machinery during
any time of day or night, storage and disposal of manure, and ground or aerial application of fertilizers,
soil amendments, seeds, and pesticides. One or more of these inconveniences or discomforts may occur
as result of any properly conducted agricultural operation on agricultural land. The County of Butte has
determined in the Butte County Right to Farm Ordinance that inconvenience or discomfort arising from
a properly conducted agricultural operation on agricultural land will not be considered a nuisance for
purposes of the Butte County Code or County regulations, and that residents or users of nearby property
should be prepared to accept such inconvenience or discomfort as a normal and necessary aspect of living
in a county wish a strong rural character and an active agricultural sector. For more information about
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the Butte Co~mty Right to l~'arm Ordinance, please contact the Butte County ~lgrieultural Commissioner's
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oftic.e at 316 Nelson flue., Orovillc, Ct195965 or the Department ol~Developmcnt Services at 7 County
Center Drive, Oroville, C~~ 9.5965.
Section_8_.__ Butte County Code Scetion 35-8 is added as follows:
Sec. 35-8. Disclosure of article. in development approvals.
Where a development approval is sought on or adjacent to agricultural land, the property owner, as pa1-t
of the application for the development approval, shall execute a declaration acknowledging the right to
farm. The director of development services shall cause the declaration to be recorded in the office of the
county recorder upon granting of the development approval, unless a declaration acknowledging the right
to farm has already been recorded for the property pursuant to this section. in which case the declaration
need not be recorded. The declaration shall be in substantially the following form:
llECLARATION ACKNOWLCDGING RIGHT TO F~KM
The undersigned do hereby certify to be the owner(s) of certain real property located in Butte County,
California, and more particularly described in Exhibit "A", attached hereto and incorporated herein by
this reference ("the subject property").
The undersigned do hereby acknowledge that the subjectproperiy is located on or adjacent to agricultural
land, as defined in the Butte County Right to Farm Ordinance (Butte County Code, Chapter 35). The
undersigned do hereby further acknowledge that the County of Butte permits the operation of properly
conducted agricultural operations on agricultural land within the unincorporated area of Butte County
and has declared it County policy in the Butte County Right to Farm Ordinance to conserve, protect,
enhance, and encourage such operations. The undersigned do hereby further acknowledge that if the
subject property is located near an agricultural operation on agricultural land.. residents or users of the
subject property may at times be subject to inconvenience or discomfort arising from that operation,
including, without limitation, noise, odors, fumes, dust, smoke, insects, operation of machinen~ during
any time of day or night, storage and disposal of manure, and ground or aerial application of fertilizers,
soil amendments, seeds, and pesticides. The undersigned do hereby further acknowledge chat one or more
of these inconveniences or discomforts may occur as a result of any properly conducted agricultural
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operation on agricultural land. The undersigned do hereby further acknowledge that the County of l3uttc
has determined in the Butte County Right to farm Ordinance that inconti~enicnce or diseomlurt arisln~~
from a properly conducted agricultural operation on agricultural land will not be considered a nuisance
for purposes of the Butte County Code or County regulations, and that residents or users ol~ nearby
property should be preparedto accept such incom~enience or discomfort as a normal and necessary aspect
of living in a county with a strong rural character and an active agricultural sector.
"This Declaration shall rw~ with the subject property in perpetuity and shall be binding upon the I
undersigned and the undersigned's heirs, personal representatives, lessees, executors, successors, and
assigns. This Declaration and the acknowledgments contained herein shall be disclosed to prospective
transferees of any interest in the subjectproperty,including, without limitation, a leasehold interest, prior
to anv such transfer.
IN WITNESS WHEREOF, the undersigned has/have executed this Declaration this
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DECLAR~NT(S)
Dated:
Dated:
NOTE: ACKNOWLEDGMENTS MUST 13E ATTACHED FOIL ALL SIGNATORIES.
~ Section 9. Butte County Code Section 35-~ is added as follows:
Sec. 35-9. Disclosure of article to buyers of real property.
day of
(a) Where a transfer of real property by sale, exchange, installment land sale contract, lease with an
option to purchase, any other option to purchase, ground lease coupled with improvements, or residential
stock cooperative improved with one to four dwelling units is proposed for an}~ real property within the
unincorporated area of the county, the transferor shall disclose this article and the nature of its provisions
to the prospective transferee in one of the following ways:
(l) Deliver a general disclosures and disclaimers advisory to the prospective transferee pursuant to local
real estate practice that includes a statement disclosing this article and the nature of its provisions. The
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statement shall be in substantially the following form:
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I~he County ol`Butte permits the operation of properly conducted agricLiltlu-al operations on agricult~nal
land within the unincorporated area of B~rtte County, and has declared it County policy in the Butte
CowltyRight to Farm Ordinance (Butte County Code, Chapter 35) to conserve, protect.. enhance, and
encourage such operations. If the property you are purchasing is Located near an agricultural operation ~~,
on agricultural land, residents or users of the property may at times be subject to inconvenience or
discomfort arising from that operation, including, without ]imitation, noise, odors, fumes, dust, smoke,
insects, operation of machinery during any time of day or night, storage and disposal of manure, and
ground or aerial application of fertilizc;rs, soil amendments, seeds, and pesticides. One or more of these
inconveniences or discomforts may occur as a result of any properly conducted agricultural operation
on agricultural land. "hhe County of Butte has determined in the Butte County Right to Farm Ordinance
that inconvenience or discomfort arising from a properly conducted agricultural operation on agricultural
land will not be considered a nuisance far purposes of the Butte County Code or County regulations, and
that residents or users of nearby property should be prepared to accept such inconvenience or discomfort
as a normal and necessary aspect of living in a county with a strong rw~al character and an active
agricultural sector. For more information about the Butte County Right to Farm Ordinance, please
contact the Butte County Agricultural Commissioner's office at 316 Nelson Ave., Oroville, CAA 95965
or the Department of Development Services at 7 County Center Drive, Oroville, CA 95965.
(2) Deliver a disclosure statement to the prospective transferee pursuant to Article 1.5 (commencing with
Section 110?) of Chapter 2 of `hide 4 of Part 4 of Division 2 of the Civil Code disclosing this article and
the nature of its provisions. The disclosure statement shall be in substantially the following form:
LOCAL OP"hION
RIVAL ESTATE TRANSFER DISCLOSURF, STATF,MF,NT
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"fI1IS DISCLOSURE STATEMEN'T' CONCERNS THE REAL, PROPER"I'Y SI"I~UA"I'ED IN THE
UNINCORPORATED AREA OF THE COIJN`TY OF BU"1"l~E, STATE OF CALIFORNI:'~,
DESCRIBED AS LAdc~ress at~dAssessc~r's Paz°cel Number(s)). THIS STA'hEMENTIS A DISCLOSURE
OF THE CONDITION OF TILE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WI"1'H
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SECIION 35-9 OI~ I"II1? B11~1°1'E CUUNI"Y C'UDE AS O1~ cl~rle~. l1~ 1S NOT A WAIZRAN"1'Y Ol'
ANY KIND BY 1'III? SELLER(S) OR ANY AGIN`h(S) REPRI SEN'1'ING ANY PRINCIPAL(S) IN
"I~HIS 11ZANSACTION. ANi) IS NO"1~ A SUBS"I"II~I1T1? FOR ANY INSPEC"I10NS OIZ
WARRANTIES 'fI-IE PRINCIPAL(Sj MAY VdISI-I "1'O OBTAIN.
SELLERS IN1~~oRMA~r10N
`hhe Seller discloses the following information with the knowledge that even though this is not a
warranty, prospective Buyers may rely on this information in deciding whether and on what terms to
purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this '~
transaction to provide a copy of this statement to any person or entity in connection with any actual or
anticipated sale of the property.
TIIF, FOLLOWING ARI REPRESEN'I'A"LIONS MADE BY THE SELLERS} AS REQUIRED BY
THE COLINTI'Y OF BIJ"1,TE, AND ARI NOT TIIE REPRESENTATIONS OF "1'IIE ADEN"f(S), IF
ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT IN'hENDED "1~0 BE PART OF ANY
CONTRACT' BIB"I,~YEEN THE BUYER AND SELLER.
The County of Butte permits the operation of properly conducted agricultural operations on agricultural
land within the unincorporated area of Butte County, and has declared it Cowlty policy in the Butte
County Right to farm Ordinance (Butte County Code. Chapter 35) to conserve, protect, enhance, and
encourage such operations. If the property you are purchasing is located near a-~~ agricultural operation
on agricultural land, residents or users of the property may at times be subject to inconvenience or
discomfort arising from that operation, including, without limitation, noise, odors, fumes, dust, smoke,
insects, operation of machinery= during any time of day or night, storage and disposal of manure, and
ground or aerial application of fertilizers, soil amendments, seeds, and pesticides. One or more of these
inconveniences or discomforts may occur as a result of any properly conducted agricultural operation
on agricultural land. The County of Butte has determined in the Butte County Right to Farm Ordinance
that inconvenience or discomfort arising from aproperly conducted agricultural operation on agricultural
land wil l not be considered a nuisance for purposes of the Butte County Code or County regulations, and
that residents or users of nearby property should be prepared to accept such inconvenience or discomfort
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as a normal and necessary aspect of living in a county v<<iih ~~ strong rural character and an active ~~
agricultural sector. For more information about the Butte County Right to farm Ordnance, please
contact the Butte County Agricultural CO1n1111SSlot]er~S office at 316 Nelson gyve., Oroville, CA 95965
or the Department of Development Services at 7 County Center Drive, Oroville, CA 9x965.
Se11er certifies that the information herein is true and correct to the best of the Scllcr's knowledge as of
the date signed by the Seller.
Seller Daie
Seller Date
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BUYER(S) AND SELLER{S) MAY WISH 'I'O OB"PAIN PROFESSIONAL ADVICE AND;OR
INSPEC"hIONS OF THE PROPERTY AND TO PROVIDE FOK APPROPRIA'T'E PROVISIONS IN
A CONTR.~CT BE1'Vv'EEN BUYER{Sj AND SELI:IR(S} ~~v'ITH R1~SPI~C"I~ TO ANY
ADVICIIINSPEC7 IONSrDEFEC'1~5.
~ IIWE ACKNOWLEDGE RF,CEIPT OF A COPY OF THIS STATEMEN`I~.
Se11er Daie
Seller Date
Buyer Date
Buyer_ __ Date
Agent (Broker
Kepresenting Se11er) By Date
(Associate Licensee
~ or Broker-Signature)
~ Agent (Broker
Obtaining the Offer) By _ Date
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(Associate Licensee
or Broker-Signature)
A REAL ES"TATE BROKER IS QUALIFIED TO ADVISE ON 121;AI. ESTATE. IF YOU
DESIRE, LEGAL ADVICE, CONSULT YOUR ATTORNEY.
{b) If a prospective transferee refuses to sign the general disclosures and disclaimers advisory or
disclosure statement required by subsection (a), the transferor may comply with the requirements of this
section by delivering the advisory or statement to the prospective transferee as provided in subsection
(a) and affixing and signing the following declaration to the advisory or statement:
"l, (name , have delivered a copy of the foregoing j~eneral disclt~sures and disclaimers
advisory/dis°closure statement) as required by Section 35-9 of the Butte County Code to f~ran~eree 's
name ,who has refused to sigi~i.
I declare the foregoing to be true.
~~ Date:
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Signature:
Print Name:
Section 10. Butte County Code Se~ctian 3~-] 0 is added as follows:
Sec. 35-1Q. Noncompliance with article.
Noncompliance with any provision of this article shall not affect title to real property, nor prevent the
recording of any document.
~ Section 11 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
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 12. 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 authorised and directed to publish this
ordinance before the expiration of fifteen X15) 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 _
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]:rater}~~ i se R~fiL~~~paper of~general circ~~latian published in the County of Butte, State of California.
PASSI?D AN17 AnOP'I~I?D by the Board oi~ Supervisors ol~ the County of Buric, S1atc c~i'
Calif«rnia, on the 12th day oI~- June _ , 2007, by the fallowing vote.:
,~Y[:,5: Supervisors Conne7_ly, Kirk, Josi_assen, Yamaguchi, and Chair Dolan
NC)F,S: None
ABS1?N"]': None --
NO"f VO'hINU: None
a~~Trs~r:
PAUL McINTOS ,'Chief
Administr ~ e fi r
and ClerlC a '~ and
:- ,:
,;
G ~ORDINANC~L'hapmrlSPrometion of Ag Land Final Qrtiinance 5-14-U? ~~pd
..._ _
J N D~ L N C air o ~1~te----,.,
r' Butte County Board of Supervisors
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