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HomeMy WebLinkAbout3989f~rdinance No. 3989 3 6 7 8 9 10 >> 1? ]3 i~ 1~ 16 li 18 19 ~p ~~ ~~ ~; ~~ fSn (3rdinan~~ ~~~nendaug Chapter 26 ~3uildir~gs:~I'the ~3utte C'ound~r CQfde ~ The Roard of Supervisors of the County of Butte ordains as follows: `section 1. Purp©se. This proposed ordinance amends Sections 12 and 13.1 in Chapter 26, ~ Buildings. It amends Section ] 2 to include new single family homes and duplexes to the uses ~ requiring the construction of road and frontage improvements and dedication of right of way within one of the urban areas described in Section 26-1 1. Also amended is Sectionl3.l which ~ replaces the negotiable fee for postponement of street improvements and the subsequent refund ~ of the fee if such other facilities are not constructed in the neighborhood within five (~) years with the requirement of an in-lieu-of fee which is held in a separate account for future ~ improvement in the area when conditions warrant. The in-lieu-of fee will not be refunded after (~) years. ~ Section B. ;~~a~e County Code Chapter 26 ~eetion 12 and Section 13.1 are amended to I read as follows: -12. Improvement requirements--~la~ban areas. When a building permit for a new building, including new single family homes and duplexes or other permits required for modular buildings or mobile homes are required for commercial or industrial uses or for multiple living unit uses having three (3) or more living units per parcel, or '' for substantial improvement to an existing building, and the project involved falls within one of the urban areas described in Section 2b-I l . "Substantial improvement" means any reconstruction, rehabilitation, addition or other improvement to a structure, the total cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. n addition to all other requirements set 1~rth in the Uniform Building Cede as amended and _~ 3 .t i 6 7 8 9 10 It 12 l3 l~ 15 l6 17 18 19 20 ~~ 23 23 idoptcd by reference in this chapter, the. lollow~ing shall be required: 1) The construction of curbs, gutters. sidewalks or walkways, public roads, proper access from aublic roads. and drainage facilities; 2) Dedication of any ~Zecessary rights-of-wa}~; and 3) For commercial or industrial uses or for multiple living unit uses having three (3) or more .wing units per parcel, or for substantial improvement to an existing building of this type the construction of an enclosure for containers used to hold solid waste and/or recyclable materials for collection is required. ['he technical standards and specifications of the aforesaid improvements shall be as provided for ~ubdivisians in Chapter 20 of the Butte County Code and a resolution or resolutions of standards adopted pursuant thereto. The Butte County Department of Public Works shall determine and approve the grade, width and location of all required improvements on colmty roads from purveys or other information submitted by the developer's engineer or from file information ih available. The developer may bond in an amount satisfactory to the Department of Public Works end enter into a Site Improvement Agreement for above referenced construction, in order to obtain building permits prior to said construction. All bonded construction shall be completed within one year of bonding, except in unusual circumstances where there are no improvements within five hundred (500) feet of the area the time limit may be extended to a maximum of five ;5) years. t6-13.1. Postponement of street improvements. 2 ~ Not~~~ithstandi»~~ the provisions of Section ?t~-12 or Section 26-12.1. street improvements may be 2 postponed at the discretion of the Board of Supervisors or the Director of Public Works upon the deposit of a in-lieu fee in the amount equal to the estimated cost of the required improvements 4 using the standard estimating rates as adopted by Resolution of the. Board of Supervisors and s approved by the Director of Public Works, which fee will be reserved in a separate account for 6 future improvement in the area when conditions warrant. 7 8 Section 3. authority. This ordinance is enacted pursuant to Government Code. Sections 4 660I7(a) and 66016(b), Article I, Section 1 of the Butte County Charter,. and Article XI Section to 7 of the Califol-~~ia Constitution. 11 l2 Section 4. Severability. If any provision of this Ordinance or the application thereof to any 13 person or circumstances is for any reason held to be invalid by a court of competent jurisdiction, i 4 such provision shall be deemed severable, and the invalidity thereof shall not affect the 15 remaining provisions or other applications of the Ordinance which can be given effect without 16 ~ ~ the invalid provision or application thereof. 17 18 Section 5. Effective llate and Publication. This Ordinance shall take effect thirty (30) day 19 after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed to 20 publish this ordinance before the expiration of fifteen (15) days after its passage. This Ordinanc 2l shall be published once, with the names of the members of the Board of Supervisors voting for 22 and against it, in the Chico Enterprise Record, a newspaper of general circulation published in 23 ~ ~ the County of Butte, State of California. 24 3 1 5 6 s 9 to 12 13 i~ ]~ 16 1? 18 19 20 P~SSI:I) ANI~ ~~UOI'7~1:ll by the }3oard of Supervisors of the Co~inty <~i~I3utte, State o1 Califarnia. on the 19`~' day of _!Au~ust 2008. b}~ the followin~~ vote: AYLS: Supervisors Connelly, Dolan, Yan~a~uchi. Kirk and Chair .losiassen NOES: None ~I3SEN"I~: None NOZ" VOTING: None J l J -..~.-_ =_---- ---- _~ _~ Curt Josiassen. Chair of the Butte County Board of Supervisors ATTEST: C. Brian Haddix. Chief administrative Officer and gy 4