Butte County Municipal Code § 26-13 Postponement of drainage improvements

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Editor's note— Section 1 of Ord. No. 3127, adopted March 8, 1994, amended this article to read as herein set out. Formerly, this Art. II consisted of §§ 26-10—26-13.1, 26-14, and 26-15, which pertained to additional improvement requirements for certain buildings in urban areas and derived from § 1 of Ord. No. 1453, adopted May 14, 1974; § 1 of Ord. No. 1738, adopted July 20, 1976; § 1 of Ord. No. 2013, adopted April 3, 1979; and §§ 10 and 11 of Ord. No. 3001, adopted May 5, 1992.

The board of supervisors finds that additional building and development requirements are necessary in order to protect the health, welfare, and safety of the general public in the unincorporated area of Butte County as specified in this Article II. The board further finds that such additional requirements are necessary in order to protect the health, welfare and safety of the general public, including but not limited to those people residing within said areas as well as those using the county roads in said areas.

(Ord. No. 3127, § 1, 3-8-94)

The urban areas to which this article is applicable are hereby described as those certain areas surrounding Chico, Durham, Gridley, and Oroville urban areas, as shown on a map established by a resolution or resolutions of standards adopted by the board of supervisors pursuant to Chapter 20 of the Butte County Code as being the said urban areas. A copy of said maps shall be on file with the county clerk, county planning division, county health department and public works department. The urban areas as established in said resolution of standards may be amended by the board of supervisors by resolution, and the amended map shall then be filed in the aforesaid county offices.

The rural areas to which this article applies are hereby described as all unincorporated areas outside of the designated urban areas.

(Ord. No. 3127, § 1, 3-8-94)

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 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 (1) of the urban areas described in section 26-11. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement to a structure, the total cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement.

In addition to all other requirements set forth in the Uniform Building Code as amended and adopted by reference in this chapter, the following shall be required:

(1) The construction of curbs, gutters, sidewalks or walkways, public roads, proper access from public roads, and drainage facilities;

(2) Dedication of any necessary rights-of-way; and

(3) 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 of this type the construction of an enclosure for containers used to hold solid waste and/or recyclable materials for collection is required.

The technical standards and specifications of the aforesaid improvements shall be as provided for subdivisions 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 county roads from surveys or other information submitted by the developer's engineer or from file information if available. The developer may bond in an amount satisfactory to the Department of Public Works and 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 (1) 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.

Pursuant to Butte County Code Section 50-21, applicants for building permits that involve ground-disturbing activities within the unincorporated MS4 permitted area of the County are required to submit an Erosion and Sediment Control Plan (ESCP). The ESCP shall conform to Butte County Code Chapter 13 and contain appropriate BMPs to provide for effective control of erosion and prevent the discharge of sediment and other pollutants from the site into the County storm drain system, natural surface waters, or watercourses. The ESCP shall be submitted in a form acceptable to the Administrator. The Administrator has the authority to establish BMPs and ESCP requirements and guidance. Implementation of an approved ESCP shall be a condition of the issuance of the Building Permit. The ESCP shall be implemented year-round and must be updated to reflect changing conditions on the project site. Modifications to the ESCP shall be submitted to the County for review and approval.

Pursuant to Butte County Code Section 50-21, any person proposing a development project within the unincorporated MS4 permitted area of the County shall be required to implement the Small MS4 General Permit post-construction measures and BMPs to control the volume, rate, and potential pollutant load of stormwater runoff. Development project applicants shall submit a Post-Construction Stormwater Control Plan that includes a Stormwater Facilities Operation and Maintenance Plan to the County for review and approval. The Post-Construction Stormwater Control Plan shall be submitted in a form acceptable to the Administrator. The Administrator has the authority to establish guidance and requirements for the Post-Construction Stormwater Control Plan. Approval of the of the Post-Construction Stormwater Control Plan by the County shall be a condition of the issuance of development approvals and/or County permits for the development project.

(Ord. No. 3844, § 16, 2-11-03: Ord. No. 3127, § 1, 3-8-94; Ord. No. 3394, § 1, 2-10-98; Ord. No. 3989, § 2 (part), 8-19-08; Ord. No. 4263, § 6, 5-27-25)

When a building permit for a new building 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, and the project involved falls outside one of the urban areas described in Section 26-11, in addition to all other requirements set forth in the Uniform Building Code as amended and adopted by reference in this chapter, the following shall be required:

(1) The construction of the public roads, proper access from public roads, and drainage facilities;

(2) Dedication of any necessary rights-of way; and

(3) The construction of an enclosure for containers used to hold solid waste and/or recyclable materials for collection.

The technical standards and specifications of the aforesaid improvements shall be as provided for subdivisions 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 county roads from surveys or other information submitted by the developer's engineer or from file information if available. Any relocation caused by county alignment or grade changes for future road construction shall be the responsibility of the county.

(Ord. No. 3844, § 17, 2-11-03: Ord. No. 3127, § 1, 3-8-94; Ord. No. 3394, § 1, 2-10-98)

Notwithstanding the provisions of Section 26-12 or Section 26-12.1, drainage improvements may be postponed at the discretion of the Board of Supervisors or the Director of Public Works on the deposit of a drainage fee in an amount determined by the Board of Supervisors (by resolution), which fee shall be reserved for the cost of the required drainage facilities, provided that an interim drainage solution is available on the property in question.

(Ord. No. 3127, § 1, 3-8-94)

Notwithstanding the provisions of Section 26-12 or Section 26-12.1, street improvement requirements may be postponed at the discretion of the Board of Supervisors or the Director of Public Works under the following criteria:

(1) Deposit of an in-lieu fee in the amount equal to the estimated cost of the required improvements using the standard estimating rates as adopted by resolution of the Board of Supervisors and approved by the Director of Public Works, which fee will be reserved in a separate account for future improvement in the area when conditions warrant.

(2) When a permit is requested for a new single-family residence or duplex that results in no more than two (2) living units per parcel, and the parcel is not within two hundred fifty (250) feet of existing curb, gutter and sidewalk located on the same side of the road as the new single-family residence or duplex, the owner may enter into a covenant to defer the requirements of Section 26-12 until such time as deemed necessary and appropriate by the Director of Public Works. In entering into the covenant, the owner consents to the formation of a special assessment district for the purpose of financing installation of improvements required by Section 26-12.

(3) When a new single-family residence or duplex replaces an existing single-family residence or duplex that was removed under a valid demolition permit within twelve (12) months of the date of application for the building permit and has substantially the same livable area as the preexisting dwelling, the owner may enter into a covenant to defer the requirements of Section 26-12 until such time as deemed necessary and appropriate by the Director of Public Works. In entering into the covenant, the owner consents to the formation of a special assessment district for the purpose of financing installation of improvements required by Section 26-12.

(4) When a new single-family residence or duplex replaces an existing single-family residence or duplex that was destroyed by fire within twelve (12) months prior to application for the building permit and has substantially the same livable area as the preexisting dwelling, the requirements of Section 26-12 are waived.

(Ord. No. 3127, § 1, 3-8-94; Ord. No. 3989, § 2 (part), 8-19-08)

(Ord. No. 4023, § 2, 6-8-10)

Notwithstanding anything to the contrary in Sections 26-12, 26-12.1 and 26-13, the requirements contained therein shall not be applicable if their application would adversely affect the health, safety and welfare of the general public because of special circumstances applicable to the immediate area of the improvement, including the topography and the nature of other developments in the area. The determination whether the requirements in a particular case would cause such adverse affect on the health, safety or welfare shall be made by the director of development services after consultation with the director of public works and subject to appeal to the board of supervisors in the manner specified in Article IX of Chapter 20 of the Butte County Code.

(Ord. No. 3127, § 1, 3-8-94)