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Title 14 - BUILDINGS AND CONSTRUCTION

Chapters:

I. - UNIFORM CODES

Chapter 14.04 - ADOPTION—CALIFORNIA STANDARDS AND CODES

Sections:

14.04.010 - Purpose.

This title is adopted pursuant to Sections 50022.1 through 50022.4 of the California Government Code to provide minimum standards to safeguard life or limb, health, property and public welfare, by regulating and controlling structural design, construction, materials, occupancy and location of all buildings and structures within the unincorporated area of the county.

(Ord. 598 § 3(part), 2004).

14.04.020 - Application.

This title shall apply to the erection, construction, demolition, enlargement, alteration, repair, relocation, conversion, occupancy, change of occupancy, and maintenance of buildings, structures, swimming pools, solar additions and also the installation of electrical, plumbing, heating and cooling facilities and appurtenances necessary thereto within the unincorporated area of the county.

(Ord. 598 § 3(part), 2004).

14.04.030 - Standardized codes.

The current edition of the California Building Standards Code of Regulations, Title 24, incorporating the following codes by reference and, except as otherwise provided herein, are adopted and shall govern standards for buildings and construction within their respective applications:

A. The California Building Code, current edition, including the appendices, as adopted by the International Conference of Building OfficialsCalifornia Building Standards Commission;

B. The California Mechanical Code, current edition, including all appendices thereto;

C. The Uniform Housing Code, current edition, including all appendices thereto, as adopted by the International Conference of Building Officials;

D. The California Plumbing Code, current edition, including all appendices thereto;

E. The California Electrical Code, current edition, including all appendices thereto;

F. The Uniform Code for the Abatement of Dangerous Buildings, current edition, including all appendices thereto, as adopted by the International Conference of Building Officials;

G. The Uniform Solar Energy Code, current edition, including all appendices thereto, as adopted by the International Association of Plumbing and Mechanical Officials;

H. The California Fire Code, current edition, including those sections and appendices as more specified in Chapter 14.35;

I. National Fire Codes, current edition, as adopted by the National Fire Protection Association;

J. Uniform Swimming Pool, Spa, and Hot Tub Code, current edition, as adopted by the International Association of Plumbing and Mechanical Officials.

(Ord. 598 § 3(part), 2004).

14.04.040 - Codes to be kept on file.

The copies of the codes adopted under Section 14.04.030 shall be kept on file in all offices of the building official for the use and convenience of the public during regular office hours.

(Ord. 598 § 3(part), 2004).

14.04.060 - Definitions.

Whenever the following terms appear in this article or in any of the codes referred to in Section 14.04.020, they shall have the meanings ascribed to them in this section:

"Administrative authority" means the county building official, Building Division except that when used in the Uniform Housing Code, "administrative authority" means the Madera County eEnvironmental Hhealth department Division within the Department of Community and Economic Development or its authorized assistants, deputies or inspectors, when used for abatement of residential structures.

"Board" means the board of supervisors.

"Building departmentDivision" means the department Building Division within of the engineering and general servicesCommunity and Economic Development Department.

"Building official" means the county building official or his authorized assistants, officers or inspectors. The term "building official" shall have the same meaning as that in Health and Safety Code § 18949.27 or later enacted statute, except that when used in the Uniform Housing Code, "building official" shall mean the director of environmental health or his authorized assistants, deputies or inspectors, when used for abatement of residential structures.

"Chairman" means the chairman of the board of supervisors.

"Ciounty" means the unincorporated area of the county of Madera.

"City attorneyCounty Counsel" means the county legal counsel of the County of Madera or other prosecuting attorney, as appropriate.

"City council" means the board of supervisors.

"Construction" includes erection, enlargement, repair, alteration, conversion and relocation, including replacement of roofing and siding.

"Dwelling" means any building or portion thereof that contains not more than two dwelling units, as deemed acceptable to the Community and Economic Development Director, or his/her designee.

"Dwelling unit" is any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by the relevant codes, for not more than one family, or a congregate residence for ten or fewer persons, as deemed acceptable to the Community and Economic Development Director, or his/her designee..

"Mayor" means the chairman of the board of supervisors.

"Municipality" means the cCounty of Madera.

"Substandard" shall have the same meaning as that in Health and Safety Code § 17920.3.

(Ord. 598 § 3(part), 2004).

Chapter 14.08 - CALIFORNIA BUILDING CODE

Sections:

FOOTNOTE(S):

--- (1) ---

For statutory provisions authorizing local governments to adopt building regulations which impose restrictions equal to or greater than those imposed by statute, see Health & Safety Code §§ 17951 and 17952; for the authority to adopt Uniform Codes by reference, see Gov. Code § 50022.1 et seq.

14.08.010 - Amendments generally.

The California Building Code, as adopted by this code, is amended as provided in the following sections and Chapter 14.12.

(Ord. 598 § 4(part), 2004).

14.08.020 - Section 104.1 amended—Organization.

The provisions of this code shall be administered by the Ddepartment of engineering and general servicesCommunity and Economic development, Building Division.

(Ord. 598 § 4(part), 2004).

14.08.050 - Section 106.4.1109.1 amended—Permits issuance.

No permit(s) shall be issued until and unless all applicable development fees, if any, have been paid or otherwise satisfied.

(Ord. 598 § 4(part), 2004).

14.08.055 - Section 106.4.4105.5 amended—Expiration of permits.

Section 106.4.4105.5 of the California Building Code is amended to read as follows:

106.4.4 Expiration. Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. "Suspension" or "abandonment" shall include a failure to pass a required inspectionshow appropriate and discernible progress towards completion within 180 days after the work is commenced. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore, shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.

Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the

time required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond to the control of the permittee have prevented action from being taken. No permit shall be extended more than onceThe County Building Official is authorized to grant one more or more extension of time for periods not more than 180 days each.

(Ord. 598 § 4(part), 2004).

14.08.060 - Section 106.4.5105.6 amended—Permit suspension or revocation.

The board of supervisors by resolution may order the building official to refuse to issue, or suspend, or revoke a building permit for a parcel or parcels of land for the following reasons:

The owners of the parcel or parcels have not complied with state statutes, or county ordinances or resolutions in connection with the improvement or development of said parcel or parcels.

(Ord. 598 § 4(part), 2004).

14.08.065 - Section 207.2 amended—Permit fees.

Notwithstanding the California Building Code, all fees shall be set by resolution of the board of supervisors.

(Ord. 598 § 4(part), 2004).

14.08.070 - Section 107.3 amended—Plan review fees.

Section 107.31.8.4.2 of the California Building Code is amended to read as follows:

107.3 Plan Review Fees. When documents are submitted as required by Section 106.3.21.8.4.2 of the California Building Code, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. The plan review fee shall be 65 percent of the building permit fee as established by resolution of the Board of Supervisors.

The plan review fees specified in this section are separate fees from the permit fees specified in Section 107.2105.1 and are in addition to the permit fees.

When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 106.3.4.2107.4 of the California Building Code, an additional plan review fee shall be charged as determined by the Building Official based on existing rates and upon the Building Official's estimate of time needed to conduct additional review.

(Ord. 598 § 4(part), 2004).

14.08.071 - Master plans.

Plans that are submitted for use on more than one building site shall be known as "master plans." The fee for checking a master plan shall be one hundred percent of the permit fee for the initial plan check. Once on file no other charges for plan check will apply. No changes are permitted to master plans.

(Ord. 598 § 4(part), 2004).

14.08.072 - Driveway construction.

A. In conjunction with any building permit, the Public Works Director, or his/her designee, county engineer shall, before making or authorizing any final inspection of the work or facility, have on deposit a certificate issued by the Ccounty road Public Works department Department attesting to one of the following:

1. A certificate issued by the Ccounty road Public Works department Department stating that the driveway approach(es), drainage facilities and related infrastructure, in connection with such driveway approach(es) has/have been completed, inspected and approved by the road County Public Works departmentDepartment; or

2. A certificate issued by the cCounty road Public Works department Department stating, in substance, that the property owner has complied with the provisions of subsections B and (C)(1) of this section.

B. Instead of the certificate specified in subsection (A)(1), of this section, the property owner for such building permit may apply to the Ccounty road Public Works department Department for an extension of time, not to exceed six months, within which to complete, and have inspected and approved, the driveway approach(es), drainage facilities and related infrastructure in connection with such driveway approach(es). Not more than one such six-months' extension of time shall be granted.

C. Deposit for Performance.

1. In conjunction with the application referenced in subsection B of this section, the property owner shall, at the time of application, place on deposit with the road departmentCounty Public Works Department, in cash or cash equivalent form, a deposit for the performance of the construction of the driveway approach(es), drainage facilities and related infrastructure in connection with such driveway approach(es).

2. The deposit for performance shall be established by resolution of the board of supervisors from time to time in an amount equal to two times the most recent cost estimate for such improvements as recommended by the county road commissionerCounty Public Works Director. The deposit for performance shall be retained by the road departmentCounty Public Works Department until the completion of construction of the driveway approach(es), drainage facilities and related infrastructure in connection with such driveway approach(es), and inspection and approval of same by the road departmentCounty Public Works Department.

D. If the driveway approach(es), drainage facilities and related infrastructure in connection with such driveway approach(es), are not completed, inspected and approved by the road departmentCounty Public Works Department within the time specified in subsection B of this section, the road departmentCounty Public Works Department may construct, or cause to be constructed, the driveway approach(es), drainage facilities and related infrastructure in connection with such driveway approach(es). If the County Public Works Departmentroad department has previously provided the property owner with written notice of the provisions of this subsection, such construction may commence without further notice to the property owner.

E. In the event the road departmentCounty Public Works Department proceeds as described in subsection D of this section, the property owner shall be responsible for all costs incurred by the road departmentCounty Public Works Department, including, but not limited to, administrative costs, remedial work done to the county road or road right-of-way at the location of the driveway approach(es), drainage facilities and related infrastructure in connection with such driveway approach(es). The road departmentCounty Public Works Department may proceed to recover all such costs incurred by any and all lawful means, including, but not limited to, offset of the sum of performance deposit moneys held by the road departmentCounty Public Works Department pursuant to subsection C of this section. If, after recovery by the County Public Works Department road department of costs incurred, there remains a balance of performance deposit moneys held pursuant to subsection C of this section, such balance shall be refunded to the property owner.

F. In the event that the driveway approach(es), drainage facilities and related infrastructure in connection with such driveway approach(es), are not completed at the time of final inspection, and such fact is overlooked in the course of such inspection, the property owner shall not be relieved of the responsibility of completing the construction of the driveway approach(es), drainage facilities and related infrastructure in connection with such driveway approach(es). The County Public Works Department road department is authorized, under such circumstances, to proceed as provided in subsections D and E of this section.

G. In the event the driveway approach(es), drainage facilities and related infrastructure in connection with such driveway approach(es), is/are completed, inspected and approved by the road departmentCounty Public Works Department within the time specified in subsection B of this section, the balance of the performance deposit held by the road departmentCounty Public Works Department shall be refunded to the property owner.

(Ord. 367-5 § 2, 2004).

14.08.073 - Driveway access.

A. Except as permitted by this chapter, driveway access to parcels shall be from the driveway location, if any, within the parcel's deeded frontage or offered for dedication frontage as depicted on the parcel map or subdivision map.

B. Driveway access shall be certified by a registered civil engineer, licensed in the state of California and shall include the following representations:

1. The driveway can be constructed in the location shown on the recorded map in compliance with the requirements of Public Resources Code Section 4290 and county development standards. If it is determined that a driveway cannot be constructed for a parcel, the applicant will be required to file an amended tentative map which will provide a driveway within the parcel's offered or deeded lot frontage as shown on the re-recorded map.

2. The driveway meets the AASHTO or Caltrans requirements for adequate sight distance to permit safe road access.

C. The road commissionerCounty Public Works Director or his/her designee, in his/her discretion, may

permit design exceptions to allow driveway access at other points within the parcel frontage so long as the driveway meets the requirements of Public Resources Code Section 4290, county development standards and AASHTO or Caltrans requirements for adequate sight distance, unless the access rights have been waived. If access rights have been waived, the driveway must be constructed in the exact location shown on the recorded parcel map or subdivision map.

(Ord. 610 § 3, 2005).

14.08.090 - Wrecking or demolition permit.

A. Any person or business entity wrecking or demolishing any building or structure shall first obtain a wrecking or demolition permit from the building official.

B. The permit fee for the demolition or wrecking of a structure shall be as set by resolution by the board of supervisors.

C. Prior to the start of any demolition work on any building or structure, the permittee shall have all utilities to such buildings or structures disconnected and inspected.

D. The permittee shall fill all excavations level with adjoining grade. Septic tanks, cesspools and underground tanks not being utilized or being made a part of new construction shall be pumped out, removed and filled. The fill shall be clean earth. The filling of such excavations shall not be required

when building permit has been issued for a new building on the site and construction thereof is to be started within sixty days after the completion of the wrecking or demolition operations.

E. The permittee shall take all reasonable precautions to prevent public nuisance during demolition: control dust by wetting; remove dust and mud tracked into public streets; remove all garbage, waste or litter and all other items likely to attract or harbor rats or vermin on the job site.

F. At the time of final inspection following completion of the work under the permit, the streets and the construction site shall be left free of organic, inorganic, combustible and noncombustible waste materials.

(Ord. 598 § 4(part), 2004).

14.08.100 - Change of ownership during construction.

If a change in ownership in the property under construction occurs prior to completion of the work covered in any applicable permit, the new owner must apply for a new permit unless the permit was obtained by a licensed contractor who is continuing to do the work permitted. The issuing department must be notified of the change of ownership and that information recorded on the permit.

(Ord. 598 § 4(part), 2004).

14.08.115 - House numbers.

Any structure assigned an address by the planning department shall have the address permanently posted as required by Section 11.04.200 of this code.

(Ord. 598 § 4(part), 2004).

14.08.130 - Required privy.

Every person engaged in performing construction or remodeling work of any kind within the unincorporated area of the county and where no sewer connection is available shall provide a temporary privy for each twenty persons or fractional part thereof working at each job site. Every sanitary privy installed in accordance with this section shall consist of a patented chemical type and shall be maintained

and operated in accordance with this code and the rules and regulations of the .Divisiondepartment of

Eenvironmental healthHealth within the Department of Community and Economic Development.

(Ord. 598 § 4(part), 2004).

14.08.142 - Drainage requirements.

A. Diffused surface waters are provided for as follows:

1. "Diffused surface waters" are those waters produced from rainfall, snow or springs which have not yet percolated into the soil or become part of a definite body of water or watercourse. Such water includes errant water flowing through swales, gullies and depressions and not yet collected into an established stream.

2. Upon the application for a building or grading permit under applicable law, the building officialCounty Public Works Director shall determine whether such work may alter established drainage gradients or patterns of diffused waters to adjoining property. Upon the County Public Works Directorbuilding official's determination that alteration of established drainage gradients or patterns may result, the applicant shall either:

a. Submit for approval a drainage plan prepared by a qualified civil engineer as defined by the California Business and Professions Code so as to provide adequate drainage; or

b. Comply with those recommendations made by the County Public Works Director building official for the provision of improvements necessary to adequate drainage.

B. Drainage channels are regulated as follows:

1. "Drainage channels" shall include any drainage ditch, watercourse, channel or conduit which carries storm or drainage water.

2. Any plan or proposal for the alteration of, or any plan or proposal for the placing of fill or obstructions in, a drainage channel shall be approved by the building official upon proper application. The applicant shall:

a. Submit for approval a drainage plan prepared by a qualified civil engineer as defined by the California Business and Professions Code; or

b. Comply with those recommendations made by the County Public Works Director building official for the provision of adequate drainage facilities.

3. Subsection B of this section shall not apply to stock ponds.

C. Site Drainage Standards.

1. The floor level of a building shall be set at an elevation above the highest flood elevation known at the building site. In the absence of flood data from a particular site the floor elevation may be determined by one of the following criteria:

a. The top of floor shall be at an elevation at least six inches above the elevation of the crown of the roadway fronting the building;

b. The top of floor shall be a minimum of two feet above the elevation of a drainage channel, measured at the property line, leading water to an established watercourse.

2. Drainage away from building pads shall be as required by the California Building Code.

(Ord. 598 § 4(part), 2004).

14.08.150 - Section 109.4 amended—Temporary occupancy.

These conditions are in addition to those in section 109.4 of the California Building Code.

A temporary certificate of occupancy may be issued by the building official upon the posting of a security deposit determined by the building official for the labor and materials needed to complete the construction. Such deposits shall be refundable at the time the construction is completed and the certificate of occupancy is issued for the building. If the permit becomes void or is violated, the deposit shall be forfeited. The permittee shall agree to complete the work within the time specified by the temporary occupancy permit, no temporary occupancy shall be issued for more than one hundred eighty days.

(Ord. 598 § 4(part), 2004).

14.08.215 - Section 1505.4 amended—Attics.

The following language is added to Section 1505.4 of the California Building Code, as permitted by the California Building Standards Commission:

"1505.4 Attics containing any gas or electric heater, water heater, air conditioner, heat pump, or air handler shall be supplied with a smoke/heat detector connected with an alarm in the habitable space of the building."

(Ord. 598 § 4(part), 2004).

Chapter 14.12 - BUILDING RELOCATION

Sections:

FOOTNOTE(S):

--- (2) ---

For provisions regarding moving buildings and structures, see Chapter 11.16 of this code.

14.12.010 - Board created.

A building relocation board is created and consists of the planning directorCommunity and Economic Development Director, the county engineerPublic Works Director and the e Community and Economic Development, Environmental hHealth department Division dDeputy Director, or their representatives. Such board shall consider whether the architectural and general appearance of such building or structure is in keeping with the character of the neighborhood where the purposed relocated construction will take place and whether the same will not be detrimental to the orderly and harmonious development of the neighborhood and complies with all applicable codes.

(Ord. 367Q-389C § 1(part), 1998: Ord. 389 § 1, 1974: Ord. 367 § 20, 1972).


A. "Relocate" means to move a building onto a lot or parcel of land situated in the county.

B. "Relocation site" is the lot or parcel of land in the county onto which a building is moved or to be moved.

(Ord. 389 § 2, 1974: Ord. 367 § 20.1, 1972).

14.12.030 - Permit—Required.

No person shall relocate any building containing more than one hundred twenty square feet of projected roof area within the unincorporated area of the county without first obtaining, in addition to other permits, a relocation permit from the building relocation board.

(Ord. 367Q-389C § 1(part), 1998: Ord. 389 § 3, 1974: Ord. 367 § 20.2, 1972).

14.12.040 - Permit—Application.

Applications for relocation permits shall be filed with the building relocation board and shall be accepted for this purpose by the county engineerCommunity and Economic Development Director, or his/her designee. Each application shall be in writing on a form provided by the board, and the information required to be set forth therein shall be as prescribed by the board. Each application shall be signed and the information therein contained declared to be correct under penalty of perjury by the owner or owners of the building to be relocated and by the owner or owners of the relocation site. No relocation permit shall be issued if there is another outstanding relocation permit at that location or if the same applicant is in violation or default on other permit issues.


14.12.050 - Relocation permit application—Fees and deposits.

A relocation permit shall be issued upon the following conditions:

A. The county engineerCounty Building Official shall not accept any application for a relocation permit unless the filing fee has been paid, and the county engineerCounty Building Official may refuse to accept any such application for filing unless all information is set forth as required by the form, and declared to be correct under penalty of perjury.

B. A minimum fee for two hours of special inspection at thirty-five dollars per hour, or at such rate as may be established in the resolution for engineering department fees, shall be payable at the time of application to cover the cost of investigation. If the actual time spent is in excess of two hours, the applicant shall pay the difference prior to further processing of the relocation permit at the special inspection rate referred to above.

C. A fee for publication and mailing notices of any hearings, in the amount of one hundred dollars per hearing or as established by the Board of Supervisors by resolution in the resolution for engineering department fees, shall be paid at the time of application.

D. Where a relocation investigation is conducted outside the physical limits of the county, an additional charge will be made for mileage and actual time spent performing the inspection in accordance with the fee schedule established by the county and this chapter.

E. After a relocation permit is approved and the appeal periods have passed, and before a building is relocated to the new site, building permits for the new or corrective work associated with the relocation must be obtained. Normal building permit fees for the work associated with the relocation apply, which fees shall be based on the valuation, as determined by the county, of the new or corrective to be done.

F. A cash deposit in an amount determined by the county engineerCommunity and Economic Development Director, or his/her designee, to be sufficient to pay for the costs of the installation of a well, pump and septic system, if required at the new location, will be required at the time of issuance of the building permits associated with the relocation; such cash deposit will be returned upon the county engineer's Community and Economic Development Director’s determination that the above described improvements have been completed in accordance with all requirements.

G. Cash, a corporative security bond, or any other form of security which may be deemed appropriate by the county, in the amount of the estimated cost of remodeling as established by the Community and Economic Development Director, or his/her designee,county engineer, plus an additional ten percent or one thousand dollars, whichever is higher, to cover any unanticipated costs, administrative or potential legal fees, will be required prior to the issuance of the building permits associated with the relocation. Said security shall guarantee that the repairs of remodeling shall be completed within twelve months of the date of issuance of the relocation permit, or said security shall be forfeited and used either to complete the repairs or demolish the structure as deemed appropriate by the county. Any remaining security shall be returned upon the completion of demolition or the issuance of an occupancy permit by the Community and Economic Development Director, or his/her designeecounty engineer.

H. Applicant shall enter into a performance agreement with county to insure that either the work is completed, or that the building is demolished, in accordance with this chapter.

(Ord. 367Q-389-C § 1(part), 1998: Ord. 389-B § 1, 1985; Ord. 389-A § 1, 1979: Ord. 389 § 5, 1974: Ord. 367 § 20.4, 1972).

14.12.060 - Hearing.

Within thirty days after the application is filed, the building relocation board shall conduct a public hearing before any relocation permit may be issued. Results of staff investigation shall be presented and considered at such public hearing.


14.12.070 - Hearing notice.

The planning directorCommunity and Economic Development Director, or his/her designee, shall give at least ten days' notice of the time, place, and purpose of a public hearing concerning the issuance of a relocation permit, by one publication in a newspaper of general circulation, and by mailing said notice by certified mail, postage prepaid, to the applicant and to the owners of parcels adjacent to the relocation site. Adjacent parcels shall be all those situated within three hundred feet of any portion of the relocation site. When the owner of the relocation site owns an adjacent parcel of parcels, for the purposes of determining adjacent parcels, such adjacent parcel or parcels shall be considered a part of the relocation site.

For the purpose of notice, the owners of adjacent parcels shall be shown on the last equalized assessment roll of the county on the date of application.


14.12.080 - Notice—Contents.

The notice of public hearing shall specify what is to be moved, where the buildings to be moved are located, and the relocation site. In addition to giving notice as specified in Section 14.12.070, the Community and Economic Development Director, or his/her designee,county engineer shall post the notice at the front and rear of the relocation site at least ten days prior to the date of the public hearing. Notices required to be posted on the relocation site shall be entitled, "Moving Notice."

(Ord. 389 § 8, 1974: Ord. 267 § 20.7, 1972).

14.12.090 - Findings required for permit issuance.

No relocation permit may be issued by the building relocation board unless two of its members agree to the issuance thereof. Said board shall not issue a relocation permit unless it finds that the relocation:

A. Will not impair the utility or the value of the property adjacent to the relocation site, or the general welfare of the neighborhood of the relocation site; and

B. Will not impair the integrity and character of the zoning district of the relocation site.

(Ord. 389 § 9, 1974: Ord. 367 § 20.8, 1972).

14.12.100 - Permit—Conditions.

The building relocation board may make any relocation permit issued by it subject to such conditions as the board may deem reasonably necessary to secure the general purposes of this chapter, and the zoning ordinance of the county. Such conditions may include, but are not limited to, architectural and site improvements, right-of-way dedications, street or road improvements, liability and indemnity insurance in favor of the county, and time limits for completion.


14.12.110 - Decision—Notice.

The decision granting or denying the relocation permit shall be made not later than five days after the public hearing. Not later than two working days after the decision, the Community and Economic Development Director, or his/her designee,county engineer shall mail notice of the decision, postage prepaid, to the applicant, and to any person who has filed a written request for such notice with the Community and Economic Development Director, or his/her designee, county engineer prior to the rendering of the decision.


14.12.120 - Appeal.

The applicant or any interested person may file an appeal with the Community and Economic Development Director, or his/her designee, county engineer within fifteen days of the date of the decision by filing a written notice of appeal and depositing a fee of twenty-five dollars, or such fee as listed in the engineering department fees set by resolution of the board of supervisors.

Upon receipt of a notice of appeal, the building relocation board shall immediately transmit to the clerk of the board of supervisors all maps, records, papers and files which constitute the record in the action from which the appeal is taken. The appeal shall be set for hearing by the clerk of the board of supervisors within thirty days after the filing of the notice of appeal. Notice of such hearing shall be given by the clerk of the board of supervisors as provided in Section 14.12.070. The board of supervisors shall hold a public hearing, on the appeal. The board of supervisors may affirm, reverse, or modify the decision of the building relocation board in conformance with this chapter. The decision of the board of supervisors shall be final.


14.12.130 - Effective date of permit.

Unless otherwise provided by the terms of a relocation permit, a relocation permit shall become effective upon expiration of the appeal period, or upon the decision of the board of supervisors to grant the issuance of a relocation permit if an appeal is taken.


14.12.140 - Completion or demolition.

Unless otherwise provided by the terms of a relocation permit, a relocation shall be completed within one year of the effective date of the relocation permit, including all new corrective work, regardless of when the building permit for the actual construction is issued, or renewed, or whether its term extends beyond the end of the life of the relocation permit.

If the relocation, including all new or corrective work, is not completed within the applicable time period, then the building relocation permit expires and no further work may be done on the building until and unless the applicant obtains a new building relocation permit in accordance with this chapter.

If the applicant fails to obtain a new building relocation permit within a reasonable time following the expiration of any building relocation permit, then the county may declare the relocation security forfeited and, at its election, may have the building relocation completed, including all necessary new or corrective work, or have the building demolished and removed from the site. The county may pay the cost of such completion or demolition out of the relocation security. Following such completion or demolition, the county shall refund any remaining security to the applicant. If the security is not sufficient to pay the full

cost of completion or demolition, then the county may pay the excess costs from any source available to it and the applicant immediately shall become liable to the county for such excess costs.


14.12.150 - Permit—Revocation.

The building relocation board may revoke any relocation permit for violation of the terms of such permit or the provisions of this code, or for any other cause. Proceedings to revoke a building relocation permit shall be initiated by the Community and Economic Development Director, or his/her designee, county engineer by giving the permittee notice of a time and place for a public hearing by the building relocation board concerning such revocation and the reasons therefore. Such notice shall be mailed to the permittee, postage prepaid, at the address shown for such purpose on the permit, at least five days before the date of the hearing.

The decision of whether to revoke a relocation permit shall be made not later than five days after the public hearing. Not later than two days after the decision, the Community and Economic Development Director, or his/her designee, county engineer shall mail notice of the decision, postage prepaid, to the permittee, and to any other person who has filed a written request for such notice with the Community and Economic Development Director, or his/her designee, county engineer prior to the decision.

The permittee or any interested person may file an appeal of the revocation within fifteen days from the date of the decision as provided in this chapter.

The appeal shall be heard by the board of supervisors, and proceedings on appeal shall be taken as provided in this chapter.

If a permit is revoked and the permittee fails to obtain a new permit within a reasonable period of time, then the county may declare the relocation security forfeited and, at its election, may have the building relocation completed, including all necessary new or corrective work, or have the building demolished and removed from the site, in accordance with the provisions of Section 14.12.140.


14.12.160 - Application to other licenses, permits, taxes, fees or charges.

Nothing contained in the provisions of this article applicable to relocation permits shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirement for any license, permit, fee, tax, or charge required by, under, or by virtue of any other provision of this article, or any other ordinance of the county. No relocation permit shall be construed as authorizing the conduct or continuance of any unlawful business, or any business in violation of any ordinance of the county.

(Ord. 389 § 17, 1974: Ord. 367 § 20.16, 1972).

14.12.170 - Failure to receive notice.

The failure of any person to receive any notice provided by this article shall not affect the validity of any proceedings taken under this article, or any action or decision of the building relocation board or board of supervisors taken under such proceedings, or prevent said boards from proceeding with any hearing at the time and place set therefor.

(Ord. 389 § 18, 1974: Ord. 367 § 20.17, 1972).

14.12.175 - Temporary relocation of building.

The applicant may apply for a temporary relocation permit to allow the relocation of a building to its proposed site, pending the processing of the relocation permit. A temporary relocation permit may be issued by the building relocation board under the following conditions:

A. The applicant has filed a completed building relocation permit application, paid all necessary fees, and the county staff's relocation investigation has been completed.

B. The applicant deposits cash or other security acceptable to the county in the amount determined by the Community and Economic Development Director, or his/her designee, county engineer necessary to complete the relocation or demolish the building should the relocation permit be denied.

C. The building shall not be placed on a foundation during the temporary relocation period.

D. The applicant shall fence the structure with a six-foot-high temporary fence within twenty-four hours of the building being placed on the site. The applicant shall maintain that fence in place until the appropriate permits are obtained and construction for the permanent installation of the structure has commenced or until the building is removed from the property if the relocation permit is denied.

If, after all appeals, the relocation permit application is denied, then within thirty days the applicant must move the structure from its temporary location to an approved site or the security deposit shall be forfeited to the county and used to complete the relocation or demolish the structure in accordance with the provisions of Section 14.12.140. If the county determines that the structure is a dangerous and hazardous building, then the county may order that the structure be demolished in accordance with the provisions of Chapter 14.30 of this code. The cost of said demolition shall be paid out of the security deposit which is deemed to have been forfeited by applicant for failing to comply with this chapter. Forfeiture of security does not relieve the applicant from additional civil or criminal penalties or claims which may be filed or processed in conjunction with the applicant's failure to perform the necessary reconstruction.

(Ord. 387Q-389C § 2, 1998).

14.12.180 - Violation deemed nuisance-Penalty.

Violation of the provisions of this chapter or the terms of any relocation permit is a misdemeanor punishable as provided in Chapter 1.12. Violation of the provisions of this chapter or of the terms of any relocation permit constitutes a nuisance. The remedy to abate such nuisance shall be as provided by Chapter 7.20, and shall be in addition to any other remedy provided by this chapter or by law.

In addition to any other remedy provided by this chapter or by law, any person who violates the provisions of this chapter or the terms and conditions of a relocation permit shall forfeit to the county all fees, deposits and bonds provided pursuant to Section 14.12.050.


Chapter 14.14 - UNIFORM HOUSING CODE

Sections:

14.14.020 - Section 201(a) amended—Administration.

Section 201(a) of the Uniform Housing Code is amended to read as follows:

"201(a) ADMINISTRATION - The Department of Environmental HealthCommunity and Economic Development Department, Environmental Health Division is hereby authorized to enforce the provisions of this code with respect to dwellings, and the Department of Engineering and General ServiceCommunity and Economic Development Department, Building Divisions is hereby authorized

to enforce the provisions of this code with respect to all other structures.residential rental dwellings. Prior to any proceeding to abate a substandard building, the person seeking enforcement may request a written report from the Department of Engineering and General ServicesPublic Works Department, or the Community and Economic Department, divisions of Planning Department, the Fire Department, and the Department of Environmental Health, for the territory where building is situated."

(Ord. 598 § 5, 2004).

Chapter 14.16 - CALIFORNIA MECHANICAL CODE

Sections:

FOOTNOTE(S):

--- (3) ---

For statutory provisions authorizing local governments to adopt building regulations which impose restrictions equal to or greater than those imposed by statute, see Health & Safety Code §§ 17951 and 17952; for the authority to adopt Uniform Codes by reference, see Gov. Code § 50022.1 et seq.

14.16.020 - Permit fees.

All permit fees shall be as set by resolution of the board of supervisors.

(Ord. 598 § 6, 2004).

Chapter 14.20 - CALIFORNIA PLUMBING CODE

Sections:

14.20.010 - Administration.

The provisions of this code shall apply to all new construction, relocated buildings and to any alterations, repairs or reconstruction except as provided for otherwise in this code.

(Ord. 598 § 7(part), 2004).

14.20.020 - Administrative authority defined.

Whenever the term "administrative authority" is used in the California Plumbing Code as amended herein, it means the building official or his authorized representative.

(Ord. 598 § 7(part), 2004).

14.20.040 - Dangerous and unsanitary construction.

A. Any portion of a plumbing system found by the administrative authority or the department of environmental Division of Eenvironmental Hhealth to be unsanitary as defined herein is declared to be a nuisance.

B. Whenever brought to the attention of the administrative authority that any unsanitary conditions exist or that any construction or work regulated by this code is dangerous, unsafe, unsanitary, a nuisance or a menace to life, health or property or otherwise in violation of this code, the administrative authority shall, upon determining such information to be fact, order any person, firm or corporation using or maintaining any such condition, or responsible for the use or maintenance thereof to repair, alter, change, remove or demolish same as the administrative authority may consider necessary for the proper protection of life, health or property and in the case of any gas piping or gas appliance may order any person, firm or corporation supplying gas to such piping or appliance to discontinue supplying gas thereto until such piping or appliance is made safe to life, health or property.

Every such order shall be in writing, addressed to the owner, agent or person responsible for the premises in which such condition exists, and shall specify the date or time for compliance with such order.

C. Refusal, failure or neglect to comply with any such notice or order shall be considered a violation of this code.

D. When any plumbing system is maintained in violation of this code and in violation of any notice issued pursuant to the provisions of this section or where a nuisance exists in any building or on a lot on which a building is situated, the administrative authority shall institute any appropriate action or proceeding in any court of competent jurisdiction to prevent, restrain, correct or abate the violation or nuisance.

(Ord. 598 § 7(part), 2004).

14.20.100 - Schedule of fees.

All plumbing permit fees shall be as set by resolution of the board of supervisors.

(Ord. 598 § 7(part), 2004).

14.20.110 - Private sewage disposal systems.

A. In areas where private sewage disposal systems are allowed, aerobic, alternative design or standard on-site wastewater treatment systems may be used except in Yosemite Lakes Park, in which only aerobic systems may be used.

B. Alternative on-site wastewater treatment system designs shall be required where conditions of soil, hydrology, topography or space make infeasible the installation of a standard on-site wastewater treatment system or aerobic treatment system. Alternative on-site wastewater treatment system designs shall be prepared by a registered civil engineer, registered geologist or registered environmental health specialist and shall be acceptable to the Community and Economic Department, eEnvironmental hHealth departmentDivision.

C. The minimum liquid capacity of septic tanks shall conform to the following tables. (These tables supersede Table K-2H-2.1 of the California Plumbing Code.)

Table K-2H-2.1 (Amended)

Capacity of Septic Tanks

Single Family

Dwellings

Multiple Dwelling Units

or Apartments Other Uses

Minimum Septic Tank

Capacity in:

Number of

Bedrooms1

Units (one Bedroom

each)1,2

Maximum Fixture Units

Served per Table 7-33 Gallons (liters)

1 to 4 1 to 3 33 1,500 (5,678)

4 45 2,000 (7,570)

5 55 2,250 (8,516)

6 60 2,500 (9,463)

7 70 2,750 (10,409)

8 80 3,000 (11,355)

9 90 3,250 (12,301)

10 100 3,500 (13,248)

1 Extra bedroom, 150 gallons (558 liters) each.

2 Extra dwelling units over 10, 250 gallons (946 liters) each.

3 Extra fixture units over 100, 25 gallons (95 liters) per fixture unit.

(Ord. 598 § 7(part), 2004).

14.20.111 - Section K-4H-4.0 amended, Sections KH-13 and KH-14 added-Disposal systems.

Section KH-4.0 of the California Plumbing Code is amended and Sections KH-13 and KH-14 are added to the California Plumbing Code to read as follows:

KH-4.0 Percolation Tests.

1. Percolation tests shall be performed by a registered civil engineer, registered geologist, or registered environmental health specialist and shall be acceptable to the Environmental Health Department Division and performed as set forth in the Manual of Septic Tank Practice, U.S. Public Health Service, the current Environmental Health Department Division handout regulating the design

and installation of septic systems, or as approved by the Administrative Authority. or its designee.

2. A minimum of 3 percolation tests in each primary and reserve area (total minimum of 6) shall be conducted. The percolation test holes shall be spaced uniformly in the undisturbed soil horizons

proposed for the disposal field(s). Percolation tests shall only be conducted under saturated soil conditions, as determined by the Administrative Authority or its designee.

KH-13 — Location of Sewage Disposal Systems.

Unless approved by the Deputy Director of Environmental Health, disposal systems are prohibited in:

1. Any area within any easement that is dedicated for surface or subsurface improvement.

2. Any area not owned or controlled by the system owner(s) unless approved by the Deputy Director of Environmental Health and said area is dedicated for waste disposal purposes.

3. Any area occupied or to be occupied by structures.

4. Any paved area.

5. Any area in which the percolation rate is greater than 60 minutes per inch for leach field, or greater than 30 minutes per inch for seepage pits, or less than 5 minutes per inch unless it can be shown that a sufficient depth and type of soil is available to assure proper filtration.

6. Any area in which the soil depth below the bottom of the leach field is less than 5 feet, or less than 10 feet below the bottom of the seepage pit.

7. Any area in which the depth to anticipated highest level of ground water below the bottom of the leach field is less than 5 feet, or less than 10 feet below the bottom of a seepage pit. (Greater depths are required if soils do not provide adequate filtration. Lesser depths may be allowed with alternative treatment if it is to "seasonal groundwater" and is approved by the Deputy Director of Environmental Health.)

8. Any area in which the ground slope is greater than 30%.

9. Any area where continued use of on-site systems constitutes a public health hazard, an existing or threatened condition of water pollution, or nuisance.

KH-14 Minimum Distances for Water and Wastewater Disposal Systems.

Table K-1H-1.7 (Amended) replaces Table K-1H-1.7 of the California Plumbing Code. If necessary to avoid pollution of groundwater, greater distances may be required. Lesser distances may be approved upon submission of evidence that the installation will not cause pollution.

Location of Sewage Disposal System

Minimum Horizontal Distance

in Clear Required From:

Building

Sewer Septic Tank Disposal Field Seepage Pit

Buildings or structures1 5 ft (1.52 m) 5 ft (1.52 m) 8 ft (2.44 m) 8 ft (2.44 m)

Front property line2 25 ft (7.62 m) 25 ft (7.62 m) 25 ft (7.62 m) 25 ft (7.62 m)

Side property line2 25 ft (7.62 m)

[10 ft (3.05 m)] 50 ft (15.3 m)

[10 ft (3.05

50 ft (15.3 m)

[10 ft (3.05 m)]

75 ft (22.9 m)

[10 ft (3.05 m)]

m)]

Back property line2 25 ft (6.72 m)

[20 ft (6.10 m)]

50 ft (15.3 m)

[20 ft (6.10

m)]

50 ft (15.3 m)

[20 ft (6.10 m)]

75 ft (22.9 m)

[20 ft (6.10 m)]

Domestic well not serving a

water system 50 ft (15.3 m)

100 ft (30.5

m) 100 ft (30.5 m) 150 ft (45.7 m)

Public or domestic well serving

a water system 100 ft (30.5 m)

150 ft (45.7

m) 150 ft (45.7 m) 150 ft (45.7 m)

Flowing stream3 50 ft (15.3 m) 100 ft (30.5

m) 100 ft (30.5 m) 150 ft (45.7 m)

Drainage course of ephemeral

stream9 25 ft (7.62 m) 50 ft (15.3 m) 50 ft (15.3 m) 50 ft (15.3 m)

Unlined pond, lake or reservoir 50 ft (15.3 m) 100 ft (30.5

m) 200 ft (61 m) 200 ft (61 m)

Storm water flood retention

basin that retains water for 48

hours or less

25 ft (7.62 m) 100 ft (30.5

m) 100 ft (30.5 m) 100 ft (30.5 m)

Large trees8 - 10 ft (3.05 m) 10 ft (3.05 m) 10 ft (3.05 m)

Seepage pit - 5 ft (1.52 m) 4,7 20 ft (6.10 m)7

Disposal field - - 4,7 5 ft (1.52 m)7

On site domestic water service

line 1 ft (341 mm) 5 ft (1.52 m) 5 ft (1.52 m) 5 ft (1.52 m)

Distribution valve - - 5 ft (1.52 m) 5 ft (1.52 m)

Pressure public water main 10 ft (3.05 m) 10 ft (3.05 m) 10 ft (3.05 m) 10 ft (3.05 m)

Downslope cut banks or major

slope changes5 10 ft (3.05 m) 10 ft (3.05 m) 6 6

1 Including porches and steps, whether covered or uncovered, breezeways, roofed porte-cocheres,

roofed patios, carports, covered walks, covered driveways and similar structures or appurtenances. Also see section 313.3, California Plumbing Code.

2 Distances apply unless otherwise allowed by administrative authority. Distances in brackets apply to

lots with a community water system. Where any side of a lot which is on a community water system faces or abuts a lot or parcel on individual water, setback distances shall be computed for such facing or abutting sides as if on individual water wells.

3 Measured from the line which defines the limit of a 10-year frequency flood.

4 Determined by rock depth of disposal field.

5 Measured from top of bank or major slope change.

6 Four times the elevation difference between the finished grade of the disposal field and the elevation

at the cut bank or major slope change.

7 Sidewall to sidewall.

8 Distances stated are a minimum as setbacks should be maintained from the dripline of the tree unless

otherwise allowed by administrative authority.

9 Measured from the edge of the drainage course or stream.

(Ord. 598 § 7(part), 2004).

14.20.150 - Alternative and aerobic on—site wastewater treatment systems.

A. Alternative and aerobic on-site wastewater treatment systems may be installed for the treatment of sewage from dwelling units when permitted by the Eenvironmental Hhealth department and the bBuilding Oofficial. The design and sizing of such plants treatment systems shall be subject to the approval of the environmental Environmental hHealth department Division and the building official, with final authority for approval reserved to the Community and Economic Development Director, or his/her designeecounty engineer.

B. The owner shall have in force at all times a maintenance contract with a qualified treatment plant system technician approved by the administrative authority or its designee. A copy of the current contract shall be on file with the administrative authority.

(Ord. 598 § 7(part), 2004).

14.20.171 - Section 312 311.0 amended—Independent systems.

Section 312 311.0 of the California Plumbing Code is amended to read as follows:

The drainage system of each new building and new work installed in any existing building shall be separate and independent of that in any other building. Every building shall have an independent connection with a public or private sewer.

Exception. Where one building stands in the rear of another building on an interior lot, and no private sewer is available or can be constructed to the rear building through an adjoining court, yard or driveway, the building drain from the front building may be extended to the rear building.

When more than one (1) building is placed on a lot in such a manner that the lot cannot be divided without violation of the Zoning Ordinance of the County of Madera, such buildings may then be served by a single building sewer. If the property is ever divided in ownership so that one (1) building is on property owned by one person and the other building is on property owned by another person, no person shall cause or permit the disposal of sewage, human excretion, or other liquid waste into the drainage system of the building farthest from the public or private sewer until the building has been provided with an independent connection to such a public or private sewer.

(Ord. 598 § 7(part), 2004).

14.20.193 - Section K-3H-3.0 amended and Tables K-4H-2.1 and K-5H-2.1 repealed-Minimum

areas for disposal field and seepage pits.

Section K-3H-3.0 of the California Plumbing Code is amended to read as follows:

Minimum areas for disposal fields and seepage pits shall be established by the Deputy Director of Environmental Health based on soil types, local conditions, and/or applicable law.

(Ord. 598 § 7(part), 2004).

Chapter 14.24 - CALIFORNIA ELECTRICAL CODE

Sections:


The California Electrical Code as adopted under Section 14.04.030 is amended as provided in the following sections.

(Ord. 598 § 8(part), 2004).

14.24.020 - Fees.

All fees for electrical permits shall be as set by resolution of the board of supervisors.

(Ord. 598 § 8(part), 2004).

14.24.030 - Connection of utilities.

A. No person shall connect any utility without receiving approval from the building official.

B. Permanent utilities shall not be connected until all of the requirements of this article have been met as verified by a tag placed by the building official giving approval to the service.

C. The building official may approve the use of utilities for the temporary occupancy of the building or structure subject to the provisions of Section 14.08.150. If the improvements necessary are not completed within the time specified, the building official shall order the utilities to be disconnected by the serving utility company.

D. The building official may, in his discretion, issue a "permit to activate power early." There shall be no occupancy of a building under a permit to activate power early. A security deposit, in an amount approved by the building official, shall be required for each "permit to activate power early" issued. In

no case shall the minimum deposit be less than five hundred dollars. Such deposits shall be refundable at the time the construction is completed and the certificate of occupancy is issued. If the building is occupied before the certificate of occupancy is issued, such "permit to activate power early" shall be void and deposit forfeited.

(Ord. 598 § 8(part), 2004).

14.24.050 - Administration of California Electrical Code.

A. The provisions of this code shall apply to all new construction, relocated buildings and to any alterations, repairs or reconstruction except as provided for otherwise in this code.

B. Whenever the term "administrative authority" is used in the California Electrical Code, it means the building official or his authorized representative.

C. The administrative authority and assistants shall carry proper credentials of their respective office, upon exhibit of which they shall have the right of entry, during usual business hours, to inspect electrical work whenever necessary to secure or determine compliance with or prevent a violation of any provision of this chapter.

D. Dangerous Electrical Equipment. Any electrical equipment existing in any type occupancy which has any or all of the conditions or defects hereinafter described shall be deemed dangerous, and said equipment shall be repaired, reinstalled, reconstructed or removed so as to eliminate the danger:

1. The service panels show visual evidence of an excessive number of overloads;

2. The working area in front of any service panel is insufficient for safe maintenance and repair of the equipment;

3. Live front panels are being maintained or used;

4. The fuses are rated higher than those permitted by the California Electrical Code, current edition;

5. The electrical equipment is in an unapproved raceway;

6. The electrical conductors from different classes of service are in a common raceway;

7. Drop cords greater than six feet in length are used to connect electrical appliances;

8. The electrical equipment is not properly grounded;

9. The electrical equipment is broken, cracked or not properly maintained to meet the standards existing at the time the equipment was approved;

10. The electrical equipment is unsafe for the use intended.

E. Authority to Condemn Installations.

1. When the administrative authority determines that an electrical installation is in violation of this chapter, an order shall be given to the owner or person in responsible charge of the installation to either remove or replace the installation. The order shall be in writing and mailed or personally delivered to such person; that it shall specify the particulars in which the installation is in violation and shall fix a reasonable time for compliance with the order. In cases of extreme danger to life or property, the order shall further require that all persons immediately cease using electric current through the installation and cause its disconnection at once.

2. If any violation continues to exist beyond the expiration of the time fixed by the order, or should the administrative authority find that persons are using an installation that has been ordered disconnected, the administrative authority is authorized to physically disconnect the portion of the installation in violation, or order the serving agency to disconnect electric service to the consumer's wiring system.

(Ord. 598 § 8(part), 2004).

14.24.070 - Right of entry—Inspections.

No person shall hinder or prevent any authorized representative of the building official from entering and making an inspection at a reasonable hour of any building or premises whenever necessary to secure or determine compliance with, or prevent a violation of, any provision of this chapter. No such representative shall enter any dwelling, apartment or guestroom when the same is occupied, without the consent of the occupants, except pursuant to lawful process or inspection warrant.

(Ord. 598 § 8(part), 2004).

14.24.090 - Stop work orders.

A. Whenever any electrical work is being done contrary to the provisions of this chapter, the building official or his duly authorized agent may order the work stopped by written notice, mailed or personally served on any persons engaged in doing or causing such work to be done, or his authorized representative, and any such persons shall forthwith stop said work until authorized by the building official to proceed with the work.

B. It shall be the responsibility of the permittee to submit any required plans proposed to correct violations noted on the stop work order.

(Ord. 598 § 8(part), 2004).

14.24.100 - Engineered plans.

Where the service is over four hundred ampere rating and/or six hundred volts, or the area of the building is in excess of fifteen thousand square feet, the plans shall be prepared by an electrical engineer licensed by the state except as defined in Section 6737.4 of the California Business and Professions Code.

(Ord. 598 § 8(part), 2004).

14.24.110 - General electrical requirements.

A. Electrical services shall be installed in accordance with this chapter and shall conform to the requirements of the utility supplier.

B. All wiring materials for installations shall be new, unless the building official, in the exercise of his discretion, grants permission for the use of used material prior to its installation.

C. If the permits required in this section are not obtained or become void, the building official shall order the utilities to be disconnected by the servicing utility company.

D. For all existing commercial and industrial establishments and places of assembly, when the service has been disconnected for one hundred eighty days or more, the service may not be reconnected without inspection and approval from the building official. If any of the items indicated in Section 15.16.060 are present, approval will not be granted. A permit is required for this inspection.

E. For all existing residential buildings and agricultural service poles where service has been disconnected for ninety days or more, the service may not be reconnected without inspection and approval from the building official. A permit is required for the inspection.

(Ord. 598 § 8(part), 2004).

Chapter 14.26 - CONSTRUCTION, MECHANICAL AND ELECTRICAL REQUIREMENTS

FORLABOR CAMP EMPLOYEE HOUSING

Sections:

14.26.010 - Authority.

The ordinance codified in this chapter is adopted pursuant to Sections 17001, 17951 and 17952 of the California Health and Safety Code, and Sections 50022.1 through 50022.4 of the California Government Code.

(Ord. 598 § 9(part), 2004).

14.26.020 - Scope.

The provisions of this chapter shall apply to all employee and labor camp housing provided for less than five employees. Labor camp housing provided for five or more employees is regulated under California Health & Safety Code Section 17000 et seq. and Title 25, Section 600 et seq. of the California Code of Regulations.

(Ord. 598 § 9(part), 2004).

14.26.030 - Enforcement.

Permits for construction, alteration, conversion or removal of buildings, and building inspections shall be under the procedure set forth in the California Building Code and other model codes as adopted in this title.

(Ord. 598 § 9(part), 2004).


Definitions shall be as set forth in California Health & Safety Code Section 17003 et seq. and Title 25, Section 600 et seq. of the California Code of Regulations except the definition of "labor camp" shall apply to premises provided for less than five employees.

(Ord. 598 § 9(part), 2004).

14.26.050 - Regulations.

The governing regulations shall be the State Employee Housing Regulations as found in Title 25, Section 600 et seq. of the California Code of Regulations.

(Ord. 598 § 9(part), 2004).

14.26.060 - Codes to be kept on file.

A copy of the regulations adopted under Section 14.26.050 shall be kept on file in the office of the building official for the use and convenience of the public during regular office hours.

(Ord. 598 § 9(part), 2004).

Chapter 14.28 - MOBILEHOME ACCESSORY BUILDINGS AND STRUCTURES

Sections:

l4.28.030 - Fees for mobilehome inspection.

Permit fees for mobile home installations shall be as set by resolution of the board of supervisors.

(Ord. 598 § 10, 2004).

Chapter 14.30 - UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS

Sections:

14.30.020 - Exceptions and superseding provisions—Uniform Code for the Abatement of

Dangerous Buildings.

Section 201(a) of the Uniform Code for the Abatement of Dangerous Buildings as adopted under Section 14.04.030 is amended to read as follows:

"201(a) ADMINISTRATION - The Community and Economic Development Department, Environmental Health Office Division is hereby authorized to enforce the provisions of this code with respect to dwellings, and the Community and Economic Development Department, Building Division Department of Engineering and General Services is hereby authorized to enforce the provisions of this code with respect to all other structures. Prior to any proceeding to abate a substandard building, the person seeking enforcement may request a written report from the Community and Economic Development Department,Department of Engineering and General Services, the Planning DirectorCommunity and Economic Development Director, County Building Official, the Fire OfficerMarshal, and the Environmental Health Office Deputy Director for the district where building is situated."

(Ord. 367-A § 20, 1975: Ord. 367 § 55, 1972).

Chapter 14.32 - FIRE ZONES

Sections:

14.32.010 - Designated.

The entire unincorporated area of the county is hereby declared and designated as Fire Zone Number 3.

(Ord. 367 § 80, l972).

II. - FIRE PREVENTION

Chapter 14.35 - FIRE CODES AND APPENDICES

Sections:


The California Fire Code and National Fire Protection Association Code (hereafter NFPA Code), as adopted by the board of supervisors, are amended as provided in this chapter and in Section 13.12.070.

(Ord. 598 § 11(part), 2004).

14.35.020 - Enforcement and duties.

The California Fire Code and NFPA Code, as supplemented by this chapter, shall be enforced by the

fire code official chief, who may detail such members of the Community and Economic Development Department or the fire department to enforce the requirements of this chapter as shall from time to time be necessary.

(Ord. 598 § 11(part), 2004).

14.35.030 - Additional sections of California Fire Code.

In addition to the California Fire Code and NFPA Code, the following provisions of the California Fire

Code, current edition, are hereby adopted and shall be enforced by the fire code official chief.

A. ChaptersArticles 3Articles 9, 11, 12, 13, 16, 46, 47, 48, 49, 86, and 90.

B. Appendices I-A, I-B, BB, I-C, CC, II-A, II-C, II-D, II-E, II-F, II-H, II-I, II-K, III-A (except as amended in Section 14.35.040), III-B, III-C, III-D, IV-A, IV-B, VI-C, and VI-D.

C. Guidelines: Appendices V-A, VI-A, VI-B, VI-G, VI-H, VI-I, VI-J, and VI-K.

(Ord. 598 § 11(part), 2004).

14.35.040 - Fire flow requirements—Exemption of certain structures.

The provisions of Appendix B III-A of the California Fire Code and Section 1142 of the NFPA Code, regarding water supplies and fire flow, shall not apply to the following types of structures:

A. Buildings within agricultural zoning districts in which at least fifty percent of the total floor space,

whether enclosed by walls or not, is used for the storage of farm equipment produced commodities and/or supplies that are used or produced solely for the benefit of the individual parcel.and supplies.

B. One- and two-family dwellings, if and only if those structures are located within five miles'

driving distance from a Madera County Fire Department water tender and further than 1000 feet of a municipal hydrant system meeting minimum residential fire flow standards of the California Fire Code.water tender or maintain an insurance services office

rating (ISO) of "Rural 8" or better. Any one- or two-family dwelling located more than five miles'

driving distance from a Madera County Fire Department water tender and further than

1000 feet of a municipal hydrant system meeting minimum residential fire flow standards of the California Fire Codewater tender or not maintaining an ISO of Rural 8 or

better shall store a minimum of two thousand five hundred gallons of water onsite at all times for fire suppression water storage..

(Ord. 598 § 11(part), 2004).

Chapter 14.38 - FIRE PROTECTION—SUBDIVISIONS

Sections:

14.38.010 - Grass and weeds—Discing.

Subdivisions within the unincorporated areas of the county of Madera with no development, or very little development, tend to promote the growing of grass and weeds that at various times during the year can become a serious fire hazard. Such grass and weeds can, with difficulty and great expense, be disced into the ground. However, that method of control requires the county or a person contracting with the county, to enter in and upon the property to so disc the property. There is statutory authority for the permitting of the county under certain conditions to so enter and perform such fire protection work. The fire protection project can be accomplished by the county in a less expensive manner, but more importantly, it promotes the production of food and fiber and does not waste the green forage which is accomplished by discing it into the ground. With fire protection uppermost in the minds of the board of supervisors and promoting additional production of food and fiber, it has adopted this law for the protection of certain county areas.

(Ord. 402 § l(part), 1975).

14.38.020 - Livestock grazing—Permit issuance.

The board of supervisors may, upon written application, issue a permit to graze livestock on those lands which are delineated on maps on file with the board clerk, which have been subdivided and on which little or no development has occurred.

(Ord. 402 § l(part), 1975).

14.38.030 - Livestock grazing—Permit required.

No such lands within such subdivision shall be grazed by livestock without the permit being issued as provided in this chapter.

(Ord. 402 § l(part), 1975).

14.38.040 - Livestock grazing—Permit fee.

The fee for such permit shall be established by the board at the time of granting the permit, based upon the conditions and restrictions placed upon the permittee by the issuance thereof.

(Ord. 402 § l(part), 1975).

14.38.050 - Livestock grazing—Disposition of funds.

The fees collected by the board of supervisors shall be deposited with the county auditor in a sheep grazing trust fund and may be used only for fire prevention, fire protection and health or emergency medical services projects as established by the board of supervisors.

(Ord. 402-D, 1986: Ord. 402-C § 1, 1979: Ord. 402-B § 1, 1976: Ord. 402 § 1(part), 1975).

14.38.060 - Livestock grazing-Conditions.

Each permit issued by the board shall, in addition to any other limitations imposed by the board, be subject to all of the following conditions:

A. A bond or a policy of liability insurance sufficient to pay for any damages caused by the use of the abovementioned lands shall be deposited with the board of supervisors.

B. A herdsman will be on duty at all times.

C. The permittee will construct any fencing which the county deems necessary for health, safety and welfare.

D. The permittee shall not use existing water systems unless prior approval is obtained from the owners of these systems.

E. The permittee shall give written notice of entry upon the property and written notice of leaving the property by his grazing livestock.

F. The permittee will not bed down or corral any livestock within two hundred yards of any residence or occupied pasture fence line irrespective of whether the residence or occupied pasture is within or without the area delineated as being within the purview of the permit. No livestock shall be grazed within one hundred yards of an occupied fenced pasture.

(Ord. 402 § l(part), 1975).

14.38.070 - Livestock grazing—Permit revocation.

The permit may be revoked at any time by the board upon the violation of any of the terms and conditions of the permit.

(Ord. 402 § l(part), 1975).

14.38.080 - Duties of animal control officer.

Upon any violation or any term or condition of this chapter, the Madera County animal control officer shall pick up and remove all livestock grazing or located upon the affected lands.

(Ord. 402-A § 1, 1976).

III. - UTILITIES

Chapter 14.40 - UNDERGROUND UTILITIES

Sections:

FOOTNOTE(S):

--- (4) ---

For statutory provision that counties may, by ordinance, require property owners to conform to designs for underground utilities, see Gov. Code § 38793.


Whenever in this chapter the words or phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions:

A. "Commission" means the Public Utilities Commission of the state of California.

B. "Person" means and includes individuals, firms, corporations, partnerships, and their agents and employees.

C. "Poles, overhead wires and associated overhead structures" means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a district and used or useful in supplying electric, communication or similar or associated service.

D. "Underground utility district" or "district" means that area in the county within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 14.40.030.

E. "Utility" includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

(Ord. 340 § 1, 1969).

14.40.020 - Hearings for removal of overhead structures.

The board of supervisors may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the county and the underground installation of wires and facilities for supplying electric, communication or similar or associated service. The county clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the board of supervisors shall be final and conclusive.

(Ord. 340 § 2, 1969).

14.40.030 - Underground utility district designation.

If after any such public hearing the board of supervisors finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the board of supervisors shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground

service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.

(Ord. 340 § 3, 1969).

14.40.040 - Erection of overhead structures after removal ordered.

Whenever the board of supervisors creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 14.40.030, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when said overhead facilities are required to be removed by such resolution, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 14.40.090, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter.

(Ord. 340 § 4, 1969).

14.40.050 - Exception—Emergency or unusual circumstance.

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten days, without authority of the board of supervisors in order to provide emergency service. The board of supervisors may grant special permission, on such terms as the board of supervisors may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.

(Ord. 340 § 5, 1969).

14.40.060 - Exception—Governmental agencies—Certain structures.

This chapter and any resolution adopted pursuant to Section 14.40.030 shall, unless otherwise provided in such resolution, not apply to the following types of facilities:

A. Any governmental facilities or equipment installed under the supervision and to the satisfaction of the county engineerPublic Works Director, or his/her designee,;

B. Poles or electroliers used exclusively for street lighting;

C. Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;

D. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand, five hundred volts;

E. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street;

F. Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services;

G. Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts;

H. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.

(Ord. 340 § 6, 1969).

14.40.070 - Notice to property owners and utility companies.

Within ten days after the effective date of a resolution adopted pursuant to Section 14.40.030, the county clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof. The county clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication or similar associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission.

Notification by the county clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 14.40.030, together with a copy of the ordinance codified herein, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

(Ord. 340 § 7, 1969).

14.40.080 - Utility company responsibility.

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 14.40.030, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the commission.

(Ord. 340 § 8, 1969).

14.40.090 - Property owner or occupant responsibility.

A. Every person owning, operating, leasing, occupying or renting a building or structure within a district shall perform construction and provide that portion of the service connection on his property between the facilities referred to in Section 14.40.080 and the termination facility on or within said building or structure being served, all in accordance with applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission.

B. In the event any person, owning, operating, leasing, occupying or renting said property does not comply with the provisions of subsection A of this section within the time provided for in the resolution enacted pursuant to Section 14.40.030, the county engineerPublic Works Director, or his/her designee, shall post written notice on the property being served and thirty days thereafter shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property.

C. In the event any person owning, operating, leasing, occupying or renting said property does not comply with the provisions of subsection A of this section within the time provided for in the resolution adopted pursuant to Section 14.40.030, the board of supervisors may direct the county engineerPublic Works Director, or his/her designee, to cause the work required by subsection A of this section to be done and assess the cost of the work against the property in accordance with Government Code § 26230. The assessment shall become a lien against the property and the

assessment may be collected at the same time and in the same manner as ordinary county ad valorem taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for these taxes. All laws applicable to the levy, collection and enforcement of county ad valorem taxes shall be applicable to the assessment.

(Ord. 340A § 1, 1995; Ord. 340 § 9, 1969).

14.40.100 - County responsibility.

The county shall remove at its own expense all county-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 14.40.030.

(Ord. 340 § 10, 1969).

14.40.110 - Extension of time.

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 14.40.030, cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation.

(Ord. 340 § 11, 1969).

14.40.120 - Penalty for violations.

The penalty for violations of this chapter shall be as provided in Chapter 1.12 of this code.

(Ord. 378 § 2(part), 1973: Ord. 340 § 12, 1969).

CHAPTER 14.45 - SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS

Section 14.45.010 - FINDINGS AND PURPOSE.

The Board of Supervisors finds and declares the following:

A. Subsection (a) of Government Code section 65850.5 states that the implementation of

consistent statewide standards to achieve the timely and cost-effective installation of

solar energy systems is a matter of statewide concern and it is the policy of the State to

promote and encourage the use of solar energy systems and to limit obstacles to their

use.

B. Subsection (a) of Government Code section 65850.5 further states that it is the intent of

the Legislature of the state that local agencies “not adopt ordinances that create

unreasonable barriers to the installation of solar energy systems, including, but not

limited to, design review for aesthetic purposes, and not unreasonably restrict the ability

of homeowners and agricultural and business concerns to install solar energy systems,”

and to “encourage the installation of solar energy systems by removing obstacles to, and

minimizing costs of, permitting solar energy systems.”

C. The purpose of this ordinance is to adopt an expedited, streamlined permitting process

for small residential rooftop solar energy systems that complies with the Solar Rights

Act, as amended by Assembly Bill 2188 (Chapter 521, Statues 2014) to achieve timely

and cost-effective installations of such small residential rooftop solar energy systems

while protecting public health and safety.

D. This ordinance shall apply to the permitting of all small residential rooftop solar energy

systems in the unincorporated area of the County. Small residential rooftop solar energy

systems permitted prior to the effective date of this ordinance are not subject to the

requirements set forth herein unless physical modifications or alterations are undertaken

that materially change the size, type, or components of a small residential solar energy

system in such a way as to require new permitting. Routine operation and maintenance

or like-kind replacements shall not require a permit.

Section 14.45.020. - AUTHORITY.

This ordinance is adopted pursuant to the authority granted by Article XI, Section 7 of the

California Constitution, Government Code section 65850.5, and Health & Safety Code section

17959.1.

Section 14.45.030. - DEFINITIONS.

As used in this ordinance, the following terms shall have all the following meanings:

A. Electronic submittal. The utilization of one or more of the following:

1. Email;

2. Internet;

3. Facsimile;

B. Small residential rooftop solar energy system. A solar energy system which meets all of

the following:

1. A solar energy system that is no larger than 10 kilowatts alternating current

nameplate rating or 30 kilowatts thermal.

2. A solar energy system that (i) conforms to all applicable state fire, structural,

electrical. And other building codes as adopted or amended by the County; (ii) all

state and County health and safety standards; and (iii) all applicable safety and

performance standards established by the California Electrical Code, the Institute

of Electrical and Electronics Engineers, and accredited testing laboratories such

as Underwriters Laboratories and, where applicable, rules of the Public Utilities

Commission regarding safety and reliability.

3. A solar energy system that is installed on a single or duplex family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building

height as defined by the County.

C. Solar energy system. A system which is an accessory use to any residential,

commercial, industrial, mining, agricultural or public use, used primarily (i.e. more than

50 percent) to reduce onsite utility usage, and which is either of the following:

1. Any solar collector or other solar energy device the primary purpose of which is

to provide for the collection, storage, and distribution of solar energy for electric

generation, space heating, space cooling, or water heating.

2. Any structural design feature of a building, the primary purpose of which is to

provide for the collection, storage and distribution of solar energy for electric

generation, space heating, space cooling, or water heating.

D. Specific, adverse impact. A significant, quantifiable, direct, and unavoidable impact,

based on objective, identified, and written public health or safety standards, policies, or

conditions as they existed on the date the application was deemed complete.

Section 14.45.040. - EXEMPTIONS.

This ordinance shall not apply to solar energy systems that are not small residential rooftop

solar energy systems.

Section 14.45.050. - SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS

CHECKLISTS AND STANDARD PLANS.

A. On or before September 30, 2015, the Community and Economic Development Director

shall adopt an administrative, nondiscretionary expedited review process for small

residential rooftop solar energy systems, including standard plans and checklists. The

checklists shall set forth all requirements with which the small residential rooftop solar

energy system must comply in order to be eligible for expedited review.

B. The small rooftop solar system permit process, standard plans, and checklists, shall

substantial conform to the recommendation for expedited permitting, including the

checklists and standard plans, contained in the most current version of the California

Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research.

C. The Director of Community and Economic Development may modify the checklists and

standard plans found in the California Solar Permitting Guidebook due to unique

climatic, geological, seismological, or topographical conditions.

D. The checklists and standard plans for small residential rooftop solar energy systems

adopted by the Director of Community and Economic Development as well as all other

required permitting documentation shall be published on the County’s website. If the

Director of Community and Economic Development modifies the checklists and standard

plans found in the California Solar Permitting Guidebook, he shall document the unique

climatic, geological, seismological or topographical conditions requiring such

modifications and shall also include such documentation on the County’s website.

Section 14.45.060. - APPLICATION REVIEW.

A. The applicant may submit the application and related documentation for a small

residential rooftop solar energy system by electronic submittal, with all required permit

processing and inspection fees, as specified on the County website. Electronic

signatures shall be accepted by the Community and Economic Development

Department on all electronic submittals in lieu of a wet signature.

B. An application for a small residential rooftop solar energy system shall be deemed

complete when the Community and Economic Development Department staff

determines that the application satisfies all the information requirements in the checklists

and standard plans.

C. If an application is deemed incomplete, a written correction notice detailing all

deficiencies in the application and any additional information or documentation required

to be eligible for expedited permit issuance shall be sent to the applicant for

resubmission.

D. Applications for small residential rooftop solar energy systems shall be administratively

reviewed and approved by the Director of the Community and Economic Development

Department as nondiscretionary permits within a reasonable time following receipt of a

complete application that meets the requirements of the County’s approved checklist,

standards plans, and payment of all required permit processing and inspection fees.

E. The Director of the Community and Economic Development Department may require the

applicant to apply for a plot plan if the Director finds, based on substantial evidence, that

the proposed small residential rooftop solar energy system could have a specific,

adverse impact upon the public health and safety.

F. Approval of an application for a small residential rooftop solar energy system shall not be

based or conditioned on the approval of an association, defined in section 4080 of the

Civil Code.

G. Approval does not authorize an applicant to connect the small residential rooftop energy

system to the local utilities electricity grid. The applicant is responsible for obtaining

such approval or permission from the local utility.

Section 14.45.070. - INSPECTION.

A. Only one inspection shall be required and performed by staff for small residential rooftop

solar energy systems eligible for expedited review.

B. The inspection shall be done in a timely manner.

C. A separate fire inspection may be performed if an agreement with the local fire authority

does not exist to perform safety inspections on behalf of the fire authority.

D. If a small residential rooftop solar energy system fails inspection, a subsequent

inspection is authorized but need not conform to the requirements of this section.

Section 14.45.080. - SEVERABILITY.

If any provision, clause, sentence or paragraph of this ordinance or the application thereof to

any person or circumstances shall be held invalid such invalidity shall not affect the other

provisions of this ordinance which can be given effect without the invalid provisions or

application, and to this end, the provisions of this ordinance are hereby declared to be

severable.

Section 14.45.090. - CEQA.

This ordinance is exempt from CEQA pursuant to guideline §15061(b)(3).

Section 14.45.100. - EFFECTIVE DATE.

This ordinance shall take effect thirty (30) days after its adoption.

Chapter 14.50 - GRADING AND EROSION CONTROL

Sections:

14.50.010 - Purpose.

The purpose of this chapter is to set minimum standards for the construction of landfills, excavations and related activities so as to prevent erosion, sedimentation and other environmental damage and to promote the public health, safety and general welfare of the community.

(Ord. 445 § 1(part), 1979).


Normal English usage shall apply in the interpretation of this chapter. The Glossary of the Erosion and Sediment Control Handbook, May 1978, Department of Conservation, Resources Agency, state of California, maintained by the county engineerPublic Works Director, or his/her designee, however, shall be controlling as to the terms and phrases contained in this chapter in the event of a dispute as to their meaning.

(Ord. 445 § 1(part), 1979).

14.50.030 - Requirements.

It is unlawful for any person, firm, corporation, local public agency or any political subdivision of the state of California to do, or cause to be done, any of the following without having first secured a permit from the county engineerPublic Works Director, or his/her designee:

A. Any leveling, grading or moving of earth that will change or obstruct natural or man-made drainage channels or change the natural course of water flow;

B. Any change of drainage that diverts water flow to a public road;

C. Any placing of fill or obstructions in a drainage ditch, watercourse, channel or conduit carrying storm or drainage water;

D. Placing of fill or excavated material in such a manner that it would become subject to excessive erosion;

E. Any leveling of land which would cause flooding of adjacent properties or public roadways;

F. Removal of natural vegetation or disturbance of the soil, except for cultivation of crops, where the area exceeds fifteen thousand square feet;

G. Excavating and grading for buildings and other development as provided for under Chapter 70, Uniform Building Code;

H. Excavation and grading for roads on private property.

(Ord. 445 § 1(part), 1979).

14.50.040 - Exceptions.

Exceptions from the requirements of this chapter are as follows:

A. Site grading, driveways, and other work authorized by a valid building permit;

B. Use of land for gardening primarily for home consumption;

C. Fire and fuel breaks as required by government agencies and/or brush removal for fuel reduction or range improvement;

D. Clearing of vegetation from canals and other water courses used for irrigation purposes;

E. Timber harvesting pursuant to and under the authority of federal or state law, contract or license;

F. Private road maintenance.

(Ord. 445A § 1, 1981: Ord. 445 § 1(part), 1979).

14.50.050 - Permit application.

A. Application for Permit. Each application for a permit that is required by this chapter shall be made by the property owner or the authorized agent to the county engineerPublic Works Director, or his/her designee, on a form furnished for that purpose.

B. Applications for permit shall include the following information where applicable:

1. An accurate plot plan showing the exterior boundaries of the area affected and the location of any buildings or improvements;

2. A description of the work to be done together with the materials to be used therefor;

3. A description and location of the pattern of drainage to and from the site, the location of culverts and natural watercourses and the directions of flow;

4. The relocation plan for any existing waterway or drainage facility proposed to be altered;

5. Details of any proposed drainage structures;

6. An erosion and sediment control plan including a time frame for implementation.

C. Where the complexity of the project requires additional information, the following additional information may be required:

1. Drainage flow computations giving volume of run-off to and from the site;

2. Present and proposed contours for the site;

3. Soils information describing type, depth, erodibility and capability for establishing vegetation.

D. Applications shall conform to land use regulations as required by Title 18 (Zoning), of the Madera County Code.

(Ord. 445 § 1(part), 1979).

14.50.060 - Granting of permit.

A. Applications for permits shall be reviewed by the Public Works Director, or his/her designee, county engineer and by such county officials and departments as are necessary to determine that the requirements of this chapter are met and that neither the proposed work nor the effects thereof will be detrimental to the public health, safety or welfare.

B. All permits except permits for excavation or grading on county roadways or road rights-of-way shall be issued by the county engineerPublic Works Director, or his/her designee. Permits for excavation or grading on county roadways or road rights-of-way shall be issued by the road commissionerCounty Public Works Director, or his/her designee.

C. The duration of the permit shall be stated on the face thereof. No permit shall be valid for more than two years from the date of issuance.

D. Because of special circumstances including, but not limited to, size, shape, topography, drainage, soil type, and gradient, an applicant may be required to furnish acceptable security to insure adequate soil stabilization and revegetation and to protect the public health, safety and welfare.

E. The Public Works Director, or his/her designee, county engineer and road commission may require that the applicant furnish such information as is reasonably necessary to thoroughly review and evaluate the application. The Public Works Director, or his/her designee, county engineer and road commission may issue a permit subject to such conditions as may be reasonably necessary to carry out the purposes of this chapter.

(Ord. 445A § 2, 1981: Ord. 445 § 1(part), 1979).

14.50.065 - Driveway access.

A. Except as permitted by this chapter, driveway access to parcels shall be from the driveway location depicted on the parcel map or subdivision map.

B. Driveway access shall be certified by a registered civil engineer, licensed in the state of California and shall include the following representations:

1. The driveway can be constructed in the location shown on the recorded map in compliance with the requirements of Public Resources Code Section 4290 and county development standards. If it is determined that a driveway cannot be constructed for a parcel, the applicant will be required to file an amended tentative map which will provide a driveway within the parcel's offered or deeded lot frontage as shown on the re-recorded map.

2. The driveway meets the AASHTO or Caltrans requirements for adequate sight distance to permit safe road access.

C. The road commissionerCounty Public Works Director or his/her designee, in his discretion, may permit design exceptions to allow driveway access at other points within the parcel frontage so long as the driveway meets the requirements of Public Resources Code Section 4290, county development standards and AASHTO or Caltrans requirements for adequate sight distance, unless the access rights have been waived. If access has been waived, the driveway must be constructed in the exact location shown on the recorded parcel map or subdivision map.

(Ord. 610 § 4, 2005).

14.50.070 - Standards.

A. The standards for erosion control of the Erosion and Sediment Control Handbook, May, 1978, Department of Conservation, Resources Agency, state of California may be considered acceptable for the purposes of this chapter.

B. The standards for excavating and grading shall be as set forth in Chapter 70 of the Uniform Building Code.

C. Watercourses and drainage facilities that are relocated shall conform to good civil engineering practices and standards.

D. Roads shall conform to the requirements of the county road departmentCounty Public Works Department or other approved standards.

(Ord. 445 § 1(part), 1979).

14.50.075 - Special circumstances.

The Public Works Director, or his/her designee, county engineer and road commissioner may modify the standards set forth in subsections A and B of Section 14.50.070 because of special circumstances including, but not limited to, size, shape, topography, drainage, soil type, and gradient.

(Ord. 445A § 3, 1981).

14.50.080 - Drainage and erosion control requirements.

A. Sediment Control. Sediment shall be retained on the site. Sediment basins, sediment traps, or similar sediment control measures shall be installed at the time of clearing and grading operations.

B. Native vegetation shall be retained, protected and supplemented wherever possible. When vegetation must be removed, the method shall be one that will minimize the erosive effects from the removal. Exposure of soil to erosion by removing vegetation shall be limited to the area required for immediate construction operations.

C. Grading operations shall be conducted so as to prevent damaging effects of sediment production on the site and on adjoining properties. Operations should be conducted during the period of May 1st through November 30th as much as possible. During the period of December 1st through April 30th, more stringent controls may be required.

D. Control of Runoff. Provisions shall be made to control the increased runoff caused by changed soil and surface conditions during and after development. To prevent excess runoff, the rate of surfacewater runoff shall be structurally retarded through use of sediment basins, silt traps or similar measures.

E. Slope Construction. Cuts shall be no steeper than 1:1 and fills shall be no steeper than 1½:1 unless soil conditions indicate a different slope is necessary for stability. Erosion control measures shall be specified to provide stabilization. Slopes shall not be constructed so as to endanger or disturb adjoining property.

F. Slope Stabilization. Earth or paved interceptors and diversions shall be installed at the top of cut or fill slopes where there is a potential for surface runoff. Temporary mulching, seeding, or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbance.

G. Structural Protection. Retaining walls shall be designed to retain steep embankments. Slope stabilization using flexible or rigid paving materials and channel lining are all acceptable methods of providing erosion and drainage control when designed according to good civil engineering practice and standards.

H. Grading. All land within a development shall be graded to drain and dispose of surfacewater. Where drainage swales are used to divert water they shall be vegetated or protected with rock, paving or other approved methods to prevent erosion.

I. Protection of Watercourses. Fills placed against watercourses shall have suitable protection against erosion during flooding. Excavated materials shall not be deposited or stored in or alongside any river or watercourse where the materials so deposited are likely to be washed away by high water or storm runoff.

J. Disposal of Cleared Vegetation. Vegetation removed during clearing operations shall be disposed of as follows:

1. Chipping all or some of the cleared vegetation for use as mulch or compost on the site;

2. Burning under fire permit;

3. Removing the material to an approved disposal site;

4. Burying the material on site except below building sites or parking areas;

K. Disposal of Excavated Materials. Excavated materials removed shall be disposed of as follows:

1. Topsoil may be stockpiled on the site for use on areas to be revegetated. Stockpiles shall be located far enough from streams or drainageways so as to insure that surface runoff cannot carry sediment downstream;

2. Backfill and compact soil promptly into trenches and pits to reduce the risk of erosion;

3. Apply mulch or protective coverings on stockpiled material which will be exposed to rains;

4. Remove material from the site to an approved location.

(Ord. 445 § l(part), 1979).

14.50.090 - Report and appeal to the board of supervisors.

A. A hearing may be set by the board of supervisors for purposes of reviewing the permit application if:

1. The applicant has been denied a permit or disagrees with the conditions imposed by the approving agency and requests an appeal to the board;

2. Any other person directly or adversely affected by the decision to grant a permit who requests a hearing within fifteen days after the mailing of notice of issuance of the permit. The filing of any appeal shall stay the issuance of the permit until such time as the appeal has been decided by the board. Notice of permit issuance shall be provided by mail to adjacent landowners within three hundred feet of the subject property in those cases where the county engineerPublic

Works Director, or his/her designee, determines that a change in the area drainage pattern may result from the work contemplated.

B. Cost of filing an appeal shall be thirty-five dollarsset by resolution of the Board of Supervisors.

(Ord. 445 § l(part), 1979).

14.50.100 - Inspection.

A. The Public Works Director, or his/her designee,county engineer and his authorized representatives shall conduct such inspections as deemed necessary to insure compliance with the approved plans and conditions of the permit. The Public Works Director, or his/her designee, county engineer or his/her representative shall have the right of entry upon the premises, the right of stoppage of any construction operation in violation of the permit and the right of clearing out or opening the stoppage of any drainage facility that is deemed to be contrary to the provisions of the permit or this chapter.

B. 1. Inspections shall be conducted upon notification to the county engineerPublic Works Director, or his/her designee, as follows:

a. After sediment control measures have been taken and at the time that clearing and grading operations begin;

b. Before pouring concrete or placing pavement or channel lining;

c. Prior to October 15th on erosion control work;

d. After vegetation removal and grading operations are complete or are temporarily stopped;

e. When slope stabilization and watercourse protection work are complete.

2. Other inspections shall be made as required by the time schedule of operations and as determined by the inspector.

(Ord. 445 § l(part), 1979).

14.50.110 - Permit fees.

The permit fees shall be as follows:

A. Land leveling:

1. Up to 20 acres $20.00

2. Between 20 and 80 acres 35.00

3. Over 80 acres 50.00

4. Over 160 acres 0.35/acre

B. Vegetation removal 20.00

C. Change of drainage where no other grading is done 25.00

D. Excavating and grading under Chapter 70 Uniform

Building Code

As per fee schedule in Chapter

70

(Ord. 445 § l(part), 1979)

14.50.120 - Violation—Enforcement—Penalty.

A. The Public Works Director, or his/her designee, county engineer is hereby authorized to interpret, apply and enforce the provisions of this chapter.

B. Whenever any grading work is being done contrary to the provisions of this chapter, or the terms and conditions of any permit issued under its authority, the Public Works Director, or his/her designee, county engineer may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop work until authorized by the Public Works Director, or his/her designee, county engineer to proceed with said work.

C. Violation of the provisions of this chapter or the terms and conditions of any permit issued under its authority is a misdemeanor punishable as provided by law. Each person violating this code shall be guilty of a separate offense for each and every day said violation is committed, continued or permitted by any such person.

D. In addition, violation of the provisions of this chapter or the terms and conditions of any permit issued under its authority constitutes a nuisance. The remedy to abate such nuisance shall be as provided by Chapter 7.20, and shall be in addition to any other remedy provided by law, including the filing of an action in the superior court of the county to restrain or enjoin any such violations.

(Ord. 445 § l(part), 1979).

IV. - FLOOD DAMAGE PREVENTION

Chapter 14.60 - FLOOD CONTROL

Sections:

14.60.010 - Findings and purpose.

A. The board of supervisors finds that the flood hazard areas of Madera County are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to flood losses.

B. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood prone, mudslide/mudflow, or flood related erosion areas. These regulations are designed

to protect human life and health; minimize expenditure of public money for costly flood control projects; minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; minimize prolonged business interruptions; minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard; help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; ensure that potential buyers are notified that property is in an area of special flood hazard; and ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

C. The legislature of the state of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the board of supervisors of the county of Madera does hereby adopt the following floodplain management regulations.

(Ord. 554A § 2(part), 2008).

14.60.020 - Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes regulations to:

A. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

D. Control filling, grading, dredging, and other development which may increase flood damage; and

E. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

(Ord. 554A § 2(part), 2008).


Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

A Zone. See "Special flood hazard area."

"Accessory structure, low cost and small" means a structure that is solely for the parking of no more than two cars, or for limited storage space (small, low cost sheds).

"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

"Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

"Apex" means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

"Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter.

"Area of shallow flooding" means a designated AO or AH zone on the flood insurance rate map. The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of Special Flood Hazard. See "Special flood hazard area."

"Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this chapter.

"Base flood elevation (BFE)" means the elevation shown on the flood insurance rate map for zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year.

"Basement" means any area of the building having its floor subgrade (below ground level) on all sides.

Building. See "Structure."

"Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of this chapter.

"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Flood boundary and floodway map (FBFM)" means 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 floodway.

"Flood insurance rate map (FIRM)" means 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 to the community.

"Flood insurance study (FIS)" means the official report provided by the Federal Insurance 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.

"Flood, flooding, or flood water" means:

1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and

2. The condition resulting from flood-related erosion.

"Floodplain administrator" is the Madera County Public Works Director, or his/her designeeengineer, who may delegate his authority to the appropriate county building officials to operate as the floodplain administrator in his/her absence.

"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source.

"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

"Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93.

"Floodway" or "regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

"Floodway fringe" is that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted.

"Fraud and victimization," as used in Section 14.60.150, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Board of Supervisors will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

"Governing body" is the board of supervisors of the county of Madera.

"Hardship" means the exceptional hardship that would result from a failure to grant a variance. The board of supervisors requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure" means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

"Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

"Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

"Lowest floor" means the lowest floor of the lowest enclosed area, including a basement. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable nonelevation design requirements, including, but not limited to the flood openings standard in Section 14.60.140(C)(3); the anchoring standards in Section 14.60.140(A); the construction materials and methods standards in Section 14.60.140(B); and the standards for utilities in Section 14.60.140(D). For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements. This prohibition includes below grade garages and storage areas.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. Recreational vehicles are not manufactured homes.

"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more lots for rent or sale, for purposes of placing or installing manufactured homes.

"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

"New construction," for floodplain management purposes, means structures for which the "start of construction" commenced on or after effective date of this chapter, and includes any subsequent improvements to such structures.

"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of this chapter.

"Obstruction" means and includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

One-Hundred-Year Flood or 100-Year Flood. See "Base flood."

"Program deficiency" means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations.

"Public safety and nuisance" as related to Section 14.60.150, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any lake, river, bay, stream, canal, or basin.

"Recreational vehicle" means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, that meets all of the following criteria:

1. Contains less than three hundred twenty square feet of internal living room area, excluding built-in equipment, including, but not limited to, wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;

2. Contains four hundred square feet or less of gross area measured at maximum horizontal projections;

3. Is built on a single chassis;

4. Is either self-propelled, truck-mounted, or permanently towable on the highways without a permit.

"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

"Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Sheet Flow Area. See "Area of shallow flooding."

"Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, or, AH.

"Start of construction" means and includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home, as determined by the Public Works Director, or his/her designee.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty 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:

1. 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 minimum necessary to assure safe living conditions; or

2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

"Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

"Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Ord. 554A § 2(part), 2008).

14.60.040 - Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazards within the unincorporated areas of the county of Madera.

(Ord. 554A § 2(part), 2008).

14.60.050 - Basis for establishing areas of special flood hazard.

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study, Madera County, California, Unincorporated Areas" dated August 4, 1987, with accompanying flood insurance rate maps (FIRM's) and flood boundary and floodway maps (FBFM's), dated August 4, 1987, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This flood insurance study and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the board of supervisors by the floodplain administrator. The department of engineering and general services shall keep copies of the flood insurance study, FIRM's and FBFM's on file for inspection and copying by the public.

(Ord. 554A § 2(part), 2008).

14.60.060 - Compliance and penalty.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations, including, but not limited

to, those building codes adopted by reference elsewhere in Title 14 of this code. Violation of this chapter shall constitute a misdemeanor. Nothing herein shall prevent the board of supervisors from taking such lawful action as is necessary to prevent or remedy any violation, including administrative action or nuisance abatement.

(Ord. 554A § 2(part), 2008).

14.60.070 - Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. 554A § 2(part), 2008).

14.60.080 - Interpretation.

In the interpretation and application of this chapter, all provisions shall be considered as minimum requirements, liberally construed in favor of the governing body; and deemed neither to limit nor repeal any other powers granted under state law.

(Ord. 554A § 2(part), 2008).

14.60.090 - Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the county, any officer or employee thereof, the state of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. 554A § 2(part), 2008).

14.60.100 - Severability.

This chapter and the various parts thereof are declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. 554A § 2(part), 2008).

14.60.110 - Administration by floodplain administrator.

The county engineerPublic Works Director, or his/her designee, is designated as the floodplain administrator and is appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions. The duties and responsibilities of the floodplain administrator shall include, but not be limited to the following:

A. Permit Review. Review all development permits to determine:

1. Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;

2. All other required state and federal permits have been obtained;

3. The site is reasonably safe from flooding;

4. 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 designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the county of Madera;

5. All letters of map revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

B. Development of Substantial Improvement and Substantial Damage Procedures.

1. Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings," develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining the market value of a building. The floodplain administrator may consult with the county assessor, as needed.

2. Assure procedures are coordinated with other departments/divisions and implemented by county staff.

C. Review, Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 14.60.050, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Section 14.60.140. A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995.

D. Notification of Other Agencies.

1. Alteration or relocation of a watercourse: notify adjacent communities and the California Department of Water Resources prior to alteration or relocation; submit evidence of such notification to the Federal Emergency Management Agency; and assure that the flood carrying capacity within the altered or relocated portion of that watercourse is maintained.

2. Base flood elevation changes due to physical alterations:

a. Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

b. All LOMR's for flood control projects must be approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

c. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

3. Changes in corporate boundaries: notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

E. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

1. Certification required by Section 14.60.140(C)(1) and Section 14.60.140(F) (lowest floor elevations);

2. Certification required by Section 14.60.140(C)(2) (elevation or floodproofing of nonresidential structures);

3. Certification required by Section 14.60.140(C)(3) (wet floodproofing standard);

4. Certification of elevation required by Section 14.60.140(E) (subdivisions and other proposed development standards);

5. Certification required by Section 14.60.140(H) (floodway encroachments); and

6. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

F. Map Determination. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this section.

G. Take action to remedy violations of this chapter as specified in Section 14.60.060.

H. Complete and submit a biennial report to FEMA.

I. Assure county general plan is consistent with floodplain management objectives herein.

(Ord. 554A § 2(part), 2008).

14.60.120 - Development permit.

A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 14.60.050. Application for a development permit shall be made on forms furnished by the county of Madera. The applicant shall provide the following minimum information:

A. Plans in duplicate, drawn to scale, showing:

1. Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;

2. Proposed locations of water supply, sanitary sewer, and other utilities;

3. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;

4. Location of the regulatory floodway when applicable;

5. Base flood elevation information as specified in Section 14.60.050 or 14.60.110;

6. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and

7. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 14.60.140(C)(2) of this chapter and detailed in FEMA Technical Bulletin TB 3-93.

B. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 14.60.140(C)(2).

C. For a crawl-space foundation, location and total net area of foundation openings as required in Section 14.60.140(C)(3) of this chapter and detailed in FEMA Technical Bulletins 1-93 and 7-93.

D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

E. All appropriate certifications listed in Section 14.60.110(E) of this chapter.

(Ord. 554A § 2(part), 2008).

14.60.130 - Appeals.

The board of supervisors of Madera County shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.

(Ord. 554A § 2(part), 2008).

14.60.140 - Standards of construction.

In all areas of special flood hazards, the following standards are required:

A. Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

B. Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed:

1. With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;

2. Using methods and practices that minimize flood damage;

3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and

4. Within Zone AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

C. Elevation and Floodproofing.

1. Residential Construction. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement:

a. In AE, AH, A1-30 zones, elevated to or above the base flood elevation.

b. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified.

c. In an A zone, without BFE's specified on the FIRM (unnumbered A zone), elevated to or above the base flood elevation, as determined under Section 14.60.110(C).

Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

2. Nonresidential Construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with subsection (C)(1) of this section or be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under subsection (C)(1) of this section, so that the structure is watertight with walls substantially impermeable to the passage of water; have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and be certified by a registered civil engineer or architect that the standards of this subsection are satisfied. Such certification shall be provided to the floodplain administrator.

3. Flood Openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria:

a. For non-engineered openings:

i. Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

ii. The bottom of all openings shall be no higher than one foot above grade;

iii. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and

iv. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or

b. Be certified by a registered civil engineer or architect.

4. Manufactured Homes.

a. Manufactured homes located outside of manufactured home parks or subdivisions shall meet the elevation and floodproofing requirement in subsection C of this section.

b. Manufactured homes placed within manufactured home parks or subdivisions shall meet the standards in subsection E of this section. Additional guidance may be found in FEMA Technical Bulletins TB 1-93 and TB 7-93.

5. Garages and Low Cost Accessory Structures.

a. Attached Garages.

i. A garage attached to a residential structure, constructed with the garage floor slab below the base flood elevation (BFE), must be designed to allow for the automatic entry of flood waters. Areas of the garage below the BFE must be constructed with flood resistant materials.

ii. A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.

b. Detached Garages and Accessory Structures.

i. "Accessory structures" used solely for parking (two car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 14.60.030, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:

(A) Use of the accessory structure must be limited to parking or limited storage;

(B) The portions of the accessory structure located below the BFE must be built using flood-resistant materials;

(C) The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;

(D) Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;

(E) The accessory structure must comply with floodplain encroachment provisions in subsection H of this section; and

(F) The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with subsection (C)(3) of this section.

c. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in this section.

D. Utilities. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

E. Subdivisions and Other Proposed Development.

1. All new proposed subdivision maps and other proposed development, including proposals for manufactured home parks and subdivisions, greater than fifty lots or five acres, whichever is the lesser, shall:

a. Identify the special flood hazard areas (SFHA) and base flood elevations (BFE).

b. Identify the elevations of lowest floors of all proposed structures and pads on the final plans.

c. If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a letter of map revision based on fill (LOMR-F) to the floodplain administrator:

i. Lowest floor elevation;

ii. Pad elevation;

iii. Lowest adjacent grade.

2. All subdivision proposals and other proposed development shall:

a. Be consistent with the need to minimize flood damage;

b. Have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

c. Provide adequate drainage to reduce exposure to flood hazards.

F. Manufactured Homes. All manufactured homes in special flood hazard areas shall meet the anchoring standards in subsection A of this section, construction materials and methods requirements in subsection B of this section, flood openings requirements in subsection (C)(3)

of this section, and garages and low cost accessory structure standards in subsection (C)(5) of this section. Manufactured homes located outside of manufactured home parks or subdivisions shall meet the elevation and floodproofing requirement in subsection C of this section.

1. All manufactured homes that are placed or substantially improved on sites located in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood shall, if within Zones A1-30, AH, or AE on the community's flood insurance rate map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

2. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, and AE on the community's flood insurance rate map that are not subject to the provisions of subsection (F)(1) of this section will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the lowest floor of the manufactured home is at or above the base flood elevation, or the chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade.

3. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

G. Recreational Vehicles. All recreational vehicles placed in Zones A1-30, AH, and AE will either be on the site for fewer than one hundred eighty consecutive days, or be fully licensed and ready for highway use, or meet the permit requirements of Section 14.60.120 of this chapter and the elevation and anchoring requirements for manufactured homes in subsection (F)(1) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

H. Floodways. Since floodways are an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

1. Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one foot at any point within the county of Madera.

2. Within an adopted regulatory floodway, the county of Madera shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

3. If subsections (H)(1) and (H)(2) of this section are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this section.

(Ord. 554A § 2(part), 2008).

14.60.150 - Variances—Standards and procedures.

A. The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance. The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the board of supervisors to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

B. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 14.60.050 and 14.60.140 of this chapter have been fully considered. the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

C. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

D. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

E. Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the board of supervisors need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the board of supervisors believes will both provide relief and preserve the integrity of the local ordinance.

F. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars for one hundred dollars of insurance coverage; and

2. Such construction below the base flood level increases risks to life and property.

It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the office of the Madera County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

G. The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

H. In passing upon requests for variances, the board of supervisors shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and these criteria:

1. Danger that materials may be swept onto other lands to the injury of others;

2. Danger of life and property due to flooding or erosion damage;

3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

4. Importance of the services provided by the proposed facility to the community;

5. Necessity to the facility of a waterfront location, where applicable;

6. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

7. Compatibility of the proposed use with existing and anticipated development;

8. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9. Safety of access to the property in time of flood for ordinary and emergency vehicles;

10. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

I. Variances shall only be issued upon a:

1. Showing of good and sufficient cause;

2. Determination that failure to grant the variance would result in exceptional "hardship" to the applicant; and

3. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance under California law, defraud or victimize the public, or conflict with existing county ordinances.

J. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsections A and B of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

K. Upon consideration of the factors and the purposes of this chapter, the board of supervisors may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(Ord. 554A § 2(part), 2008).

14.60.160 - Protection for agricultural uses and areas.

The board of supervisors of Madera County finds that agriculture and related activities are of critical importance to the economy and culture of Madera County. The board of supervisors further finds that many agricultural activities are conducted in flood-prone areas, particularly in western Madera County. Therefore, it is the policy of the county of Madera that nothing in this chapter shall be interpreted or construed as restricting, preventing or interfering with agriculture and related activities in Madera County.

(Ord. 554A § 2(part), 2008).

V. - DEVELOPMENT IMPACT MITIGATION

Chapter 14.70 - ROAD IMPACT FEES

Sections:

14.70.010 - Short title, authority and applicability.

A. This chapter shall be known and may be cited as the "road impact fees ordinance."

B. The board of supervisors of Madera County has the authority to adopt this chapter pursuant to Article 11, Section 7 of the Constitution of the state of California, and Chapter 5 of Division 1 of Title 7 (commencing with Section 66000) of the California Government Code.

C. This chapter shall apply only to the unincorporated area of Madera County, and applies only to permit applications accepted by the county of Madera after the effective date of the ordinance codified in this chapter.

(Ord. 367-O § 2(part), 1996: Ord. 367N-1 § 3(part), 1995).

14.70.020 - Intents and purposes.

A. This chapter is intended to implement and be consistent with the Madera County general plan.

B. The purpose of this chapter is to regulate the use and development of land to ensure that it bears a proportionate share of the cost of capital expenditures necessary to provide adequate levels of service on roads in Madera County as contemplated by the Madera County general plan.


14.70.030 - Rules of construction.

A. The provisions of this chapter shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare.

B. For the purposes of administration and enforcement, unless otherwise stated in this chapter, the following rules of construction shall apply to the text of this chapter:

1. In case of any difference of meaning or implication between the text of this chapter and any caption, illustration, summary table or illustrative table, the text shall control.

2. The word "shall" is always mandatory and not discretionary; the word "may" is permissive.

3. Words used in the present tense shall include the future; and words in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

4. The phrase "used for" includes arranged for, designed for, or maintained for or occupied for.

5. The word "person" includes an individual, a corporation, a partnership, an incorporated association or any other similar entity.

6. Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunctions "and," "or," or "either…or," the conjunction shall be interpreted as follows:

a. "And" indicates that all the connected terms, conditions, provisions or events shall apply.

b. "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

c. "Either … or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

7. Any road right-of-way used to define road impact fee areas of benefit may be considered to be within any area it bounds for purposes of calculating fees under this chapter.

8. All transportation terms used in this chapter shall have the same meaning as in the Madera County general plan, the Madera County zoning ordinance, and the Madera County subdivision ordinance, unless otherwise indicated.



For the purposes of this chapter:

A. "1995 road impact fee study" means the Madera County Road Impact Fee Study dated March 30, 1995, as may be updated and adopted by the board of supervisors from time to time, copies of which are on file and available for public inspection and purchase at the offices of the Madera County planning department, road departmentCounty Public Works Department, and engineering and general services department.

B. "Agricultural buildings" means miscellaneous agricultural outbuildings which will be used primarily for the storage of farm equipment and supplies.

C. "Apartments" means rental dwelling units that are located within the same building with at least three other dwelling units. Examples of sites included in this land use include quadruplexes and all types of apartment buildings. The apartments in this land use include both low rise or walk-up dwellings and high-rise multifamily dwellings.

D. "Approved road" means an arterial road, collector road, freeway or expressway which, if constructed in whole or in part by a nongovernmental entity, or the right-of-way which is dedicated to the county or some other government approved by the county, may entitle the person constructing the road or dedicating the right-of-way to a road impact fee credit. Approved roads are limited to those roads included in the current road impact fee study and for which fees are charged under this chapter.

E. "Area of benefit" means one of six geographic sub-areas of the county encompassing a locality having generally similar characteristics with respect to future development as described by the 1995 road impact fee study, or successor studies.

F. "Building official" means that officer who is so defined in Chapter 14.04 of this code.

G. "Building permit" means an official document or certification issued by the building official who authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure. In the case of a change in use or occupancy of an existing building or structure, the term shall specifically include certificates of occupancy and occupancy permits, as those terms are defined by the Uniform Building Code incorporated in this code by Section 14.04.030.

H. "Capital improvements" means transportation planning, transportation-related financial planning, environmental review, preliminary engineering, engineering design studies, land surveys, right-of-way acquisition, engineering, permitting and construction of all the necessary features for any road construction project including, but not limited to:

1. Construction of new through lanes;

2. Construction of new turn lanes;

3. Construction of new frontage or access roads;

4. Construction of new bridges;

5. Construction of new drainage facilities in conjunction with new roadway construction;

6. Purchase and installation of traffic signalization (including both new and upgraded signalization);

7. Construction of curbs, medians, sidewalks, bicycle paths and shoulders in conjunction with new roadway construction; and

8. Relocating utilities to accommodate new roadway construction.

I. "County" means the county of Madera, a general law county organized and existing under the Constitution and the laws of the state of California and a subdivision of the state of California.

J. "Expansion of the capacity of a road" means all road and intersection capacity enhancements and includes, but is not limited to, extensions, widening intersection improvements, upgrading signalization and improving pavement conditions.

K. "Fee payer" means a person commencing a land development traffic-generating or attracting activity who is applying to Madera County for the issuance of a building permit, mobile home installation permit, or equivalent permit for a type of land development activity specified in Section 14.70.070(A) of this chapter, regardless of whether the person owns the land to be developed.

L. "Land development activity generating traffic" means any change in land use, or any construction of buildings or structures, or any change in the use of any building or structure that attracts or produces vehicular trips.

M. "Level of service (LOS)" means a qualitative measure that represents the collective factors of speed, travel time, traffic interruption, freedom to maneuver, safety, driving comfort and convenience, and operating costs provided by a highway facility under a particular volume condition. Levels of service vary from A to F. Level of service D, for example, represents high-density, but stable, flow; speed and freedom to maneuver are severely restricted, and the driver or pedestrian experiences a generally poor level of comfort and convenience. Small increases in traffic flow will generally cause operational problems at this level.

N. "Madera County general plan" means the Madera County general plan which was adopted by the board of supervisors in 1995, as it may be amended from time to time.

O. "Mobile home" has the same meaning given to "manufactured home" from time-to-time in the Madera County zoning ordinance.

P. "Mobile home installation permit" means an official document or certification authorizing any purchaser, owner, mover, installer or dealer to move a mobile home or manufactured home onto a particular site.

Q. "Site-related improvements" means capital improvements and right-of-way dedications for direct access improvements to the development in question. Direct access improvements include, but are not limited to, the following:

1. Site driveways and roads;

2. Median cuts made necessary by those driveways or roads;

3. Right turn, left turn and deceleration or acceleration lanes leading to or from those driveways or roads;

4. Traffic control measures for those driveways or roads;

5. Access or frontage roads that are not shown as planned county-built and/or publicly owned roads on the county's required access road map, as amended; and

6. Road or intersection improvements the primary purpose of which at the time of construction is to provide access to the development.

(Ord. No. 367-P, § 2, 11-10-09; Ord. 367-O § 2(part), 1996: Ord. 367N-1 § 3(part), 1995).

14.70.050 - Imposition of road impact fees.

A. Except as provided in Section 14.70.120 of this chapter, any person who, after the effective date of the ordinance codified in this chapter, seeks to develop land by applying to Madera County for the issuance of a building permit, mobile home installation permit or any equivalent permit, to make an improvement to land for any use which will generate or attract additional traffic including, without limitation, the uses specified in Section 14.70.070 of this chapter shall be required to pay road impact fees in the manner and amounts set forth in this chapter.

B. No building permit, mobile home installation permit or equivalent permit for any activity requiring payment of an impact fee pursuant to subsection A of this section shall be issued by Madera County unless and until the road impact fees required by this chapter have been paid.

C. In the case of structures or mobile homes which are moved from one location to another, road impact fees shall be collected for the new location if the structure or mobile home is a type of land development listed in Section 14.70.070 of this chapter, regardless of whether road impact fees were paid at the old location, unless the use of the new location is a replacement of an equivalent use. If the structure or mobile home so moved is replaced by an equivalent use, no road impact fees shall be owed for the replacement use. In every case, the burden of proving past payment of road impact fees or equivalency of use rests with the fee payer.


14.70.060 - Road impact fee areas of benefit established.

There are established three road impact fee areas of benefit as shown in Figure 14.70.060, following this section. The boundaries of the respective areas of benefit are described as follows:

"(A) Valley Floor 99 is bounded by the Madera County line on the north, south and west, and on the east by a line running from the Madera County line northwesterly along the Burlington Northern Santa Fe Railroad to its intersection with Avenue 12; thence east along Avenue 12 to its intersection with Road 34½ thence north along Road 34½ to its intersection with Avenue 13½ and continuing north along a projected line being the prolongation of Road 34¼ (alignment) to its intersection with Avenue 15; thence east along Avenue 15 to its intersection with Road 36; thence north on Road 36 to State Route 145; thence west on the current alignment of State Route 145 to its intersection with Road 33; thence north along Road 33 to its intersection with Road 400; thence northeasterly along Road 400 to Road 603; thence northwesterly and west along Road 603 to Road 29; thence north along Road 29 for approximately 1½ miles and continuing north on a projected line being the prolongation of Road 29 (alignment) to the Madera County line, excepting those portions of property which lie within the incorporated areas of the Cities of Madera and Chowchilla.

(B) South 41 is bounded on the west by the Valley Floor 99 area of benefit, on the south and east by the Madera County line, and on the north by a line running east along State Route 145 from its intersection with Road 36 to the present alignment of State Route 41 and intersection with Road 145; thence east on Road 145 to its intersection with Road 211; thence northeasterly along Road 211 to its intersection with Road 210; thence northeasterly along Road 210 to its intersection with Road 216; thence southeasterly along Road 216 to its intersection with the North line of Section 23, Township 10 South, Range 21 East, Mount Diablo Base and Meridian; thence east along the North line of Section 23 to the Northeast corner of Section 23; thence south along the East line of Section 23 to its intersection with the San Joaquin River, also being the Madera County line.

(C) North 41 is bounded on the south by the Valley Floor 99 and South 41 areas of benefit, and on the northwest, north and southeast, by the Madera County line."

(Ord. No. 367-P, § 3, 11-10-09; Ord. 367-0 § 2(part), 1996: Ord. 566 § 1, 1995: Ord. 367N-1 § 3(part), 1995).

14.70.070 - Computation of the amount of road impact fees.

A. 1. Except as otherwise provided in this chapter, the amount of the fees shall be determined by the schedule attached to this section as Table 14.70.070. The reference in the schedule to square feet shall refer to the gross square footage of each floor of a building measured to the exterior walls, and not to usable, interior, rentable, noncommon or other forms of net square footage, but for restaurants includes patios and other outdoor dining areas. The terms used in the schedule, while they in most cases are identical with terms defined in the Madera County zoning ordinance, are not necessarily definitive but are intended to be broad categories into which similar projects will fall. These use classifications are described more fully in Trip Generation, 7th Edition, published by the Institute of Traffic Engineers.

2. If a use classification covers more than one land use type listed in the schedules, the impact fees shall be determined by reference to the actual use of the building or structure as determined by the use of the definitions used in the zoning ordinance or in Trip Generation. However, if a use classification is used exclusively with only one land use type, then the impact fees shall be based on that particular land use regardless of how the fee payer would choose to characterize the use for purposes of marketing, land sale registration, permit applications or any other purpose. If the use classification of all or part of a building or structure changes, impact fees shall be recalculated to reflect the change and any net increase paid before the building, structure or part in question may be occupied.

3. If a building permit or equivalent permit is requested for a building with mixed uses, the fees shall be determined according to the schedules by apportioning the space committed to uses specified on the schedule.

4. The county road commissionerCounty Public Works Director, or his/ or her designee, shall be responsible for calculating the amount of the road impact fees that apply to building permit, mobile home installation permit or equivalent permit applications or projects. The total amount of fees for a particular permit application or project shall be calculated by using the applicable use classifications and areas of benefit.

5. If the type of development activity for which a building permit or equivalent permit is applied is not specified on the above-referenced fee schedules, the county road commissionerCounty Public Works Director shall use the fees applicable to the most nearly comparable type of land use on the above fee schedules. The county road commissionerCounty Public Works Director shall be guided in the selection of a comparable type by the Institute of Transportation Engineers' (ITE) Trip Generation: An Informational Report (5th edition) and studies or reports done by the United States Department of Transportation, the California Department of Transportation, the Madera County road departmentCounty Public Works Department and articles or reports appearing in the ITE Journal. If the county road commissionerCounty Public Works Director determines that there is no comparable type of land use on the above fee schedules, the county road commissionerCounty Public Works Director shall determine the fee in accordance with the rules and guidelines adopted under this chapter.

B. When a change of use, redevelopment or modification of an existing use requires the issuance of a building permit, mobile home installation permit or equivalent permit, the road impact fee shall be based upon the net increase of the impact fee for the new use as compared to the previous use. However, should the change of use, redevelopment or modification result in a net decrease, no refunds or credits for past impact fees paid shall be made or created. The county road commissionerCounty Public Works Director shall be guided in this determination by the above-named sources.

C. If the road impact fee has been calculated and paid based on error or misrepresentation, it shall be recalculated and the difference refunded or paid to the then-current record owner or owners of each unit of development, whichever is applicable. If road impact fees are owed, no county permits of any type may be issued for the building or structure in question, or for any other part of a development of which the building or structure in question is a part, while the fees remain unpaid, and the building official may bring any action permitted by law or equity to collect unpaid fees.

D. A fee payer may elect not to have the impact fees determined according to subsection A of this section. In such event, the fee payer may request the county to have prepared an independent fee calculation study for the land development activity for which a building permit, mobile home installation permit or equivalent permit is sought. The independent fee calculation study shall measure the impact of the development in question on the roads for which fees are charged under this chapter by following the prescribed methodologies and formats for the study established by the rules and guidelines adopted under this chapter by the board of supervisors.

Upon a receipt of a request to have an independent fee calculation study prepared, the road commissionerCounty Public Works Director, or his or / her designee, shall solicit competitive bids from qualified professionals who have been pre-approved by the county for the preparation of such studies, and shall select one such consultant or consulting firm to prepare the required study. The applicant shall make a cash deposit with the road commissionerCounty Public Works Director in an amount equal to the bid of the selected consultant and thereafter, the road commissionerCounty Public Works Director shall award the bid and have the study performed by said consultant. Following completion and acceptance of the study by the road commissionerCounty Public Works Director, the applicant shall thereafter be charged road impact fees equal to the amounts determined by the independent fee study.

Table 14.70.070 Trip Generation Rates and Road Impact Fees

Calculation of Fees by Land Use—All Projects (SR 41 and Other Projects)—12/12/13

Assumes Additional Trips and Increased Housing Trip Cost (+58%) & Reduced Other Land Use

Costs (-51%)

FEE PER

DAILY TRIP FEE PER LAND USE

Land Use ITE

Code Units

Daily

Trip

Genera

tion

Ad

jus

t-

ed

Da

ily

Tri

ps/

Ne

t

Tri

ps

*1

V

all

ey

Fir

S

R

99

N

E

W

S

R

41

S

O

14

5

NEW

SR 41

NO 145

Valley

Fir

SR 99

NEW

SR 41

SO 145

NEW

SR 41

NO 145

RESIDENTIAL

Single Family

Detached — Per

Unit

210 d/u 9.57

$2

34

$1

,1

01

$687

$2,23

$10,5

$6,57

8 39

7

Residential Condominium/Townhouse

230

d/u

5.86

$2

34

$1

,1

01

$687 $1,370 $6,453 $4,028

Multi-Family —

Per Unit 220 d/u 6.72

$2

34

$1

,1

01

$687 $1,571 $7,400 $4,619

Mobile Home

Park — Per Unit 240 d/u 4.99

$2

34

$1

,1

01

$687 $1,167 $5,495 $3,430

Assisted Living

— Per Unit 254 d/u 2.74

$2

34

$1

,1

01

$687 $641 $3,017 $1,883

INDUSTRIAL

Gen. Light

Industrial/

Industrial Park

110 1,000 ft 6.97 6.

41

$7

3

$3

42 $213 $465 $2,190 $1,367

Gen. Heavy

Industrial 120 1,000 ft 4.00

3.

68

$7

3

$3

42 $213 $267 $1,257 $784

Business Park 770 1,000 ft 12.76

11

.7

4

$7

3

$3

42 $213 $851 $4,009 $2,502

Mini-Warehouse 151 1,000 ft 5.00 4.

60

$7

3

$3

42 $213 $334 $1,571 $980

RETAIL/COMMERCIAL

Retail Shopping 820 1,000 ft 42.94

23

.5

0

$7

3

$3

42 $213 $1,704 $8,026 $5,009

New and Used

Car Sales 841 1,000 ft 33.34

25

.0

1

$7

3

$3

42 $213 $1,813 $8,540 $5,330

Service Station 945 Fuel

Station 150.00

21

.0

0

$7

3

$3

42 $213 $1,523 $7,172 $4,476

Convenience

Retail 852 1,000 ft 40.00

9.

60

$7

3

$3

42 $213 $696 $3,279 $2,046

OFFICE

Office 710 1,000 ft 11.01 9.

58

$7

3

$3

42 $213 $695 $3,271 $2,042

MEDICAL

Medical Offices 720 1,000 ft 36.13 27

.1$7 $3 $213 $1,965 $9,255 $5,776

0 3 42

Hospitals 610 1,000 ft 17.57

13

.5

3

$7

3

$3

42 $213 $981 $4,621 $2,884

Nursing Homes 620 1,000 ft 6.10 4.

51

$7

3

$3

42 $213 $327 $1,542 $962

INSTITUTIONAL

Religious Institution

560

1,000 ft

9.11

$7

3

$3

42 $213 $661 $3,111 $1,942

LODGING

Hotel/Motel 310 Room 8.92 6.

33

$7

3

$3

42 $213 $459 $2,163 $1,350

*1 Adjusted Daily Trips considering Pass-By and Linked Trips. Percentages applied to estimate net trips were identified by VRPA considering information contained in the ITE trip generation manual and referencing other traffic impact fee studies.

Farm buildings are exempt from road impact fees.

(Ord. No. 367T, §§ 1, 2, 4-8-14; Ord. No. 367-P, §§ 4—8, 11-10-09; Ord. 367-O § 2(part), 1996: Ord. 367N-1 § 3(part), 1995).

14.70.080 - Payment of fees.

A. Except as otherwise provided in this chapter, the fee payer shall pay the road impact fees required by this chapter to the building official prior to the issuance of a building permit, mobile home installation permit or equivalent permit for which the fees are imposed. Except as otherwise provided in this chapter, no building permit, mobile home installation permit or equivalent permit may be issued for any development referred to in Section 14.70.070 of this chapter by Madera County until such fees have been paid.

B. In lieu of cash, up to ninety-five percent of the road impact fees may be paid by the use of credits created in accordance with the provisions of Section 14.70.120(B) of this chapter.

C. All funds collected pursuant to this chapter shall be properly identified by road impact fees area of benefit and promptly transferred by the building official for deposit into the appropriate road impact fee trust fund to be held in separate accounts as determined in Section 14.70.090 of this chapter and used solely for the purposes specified in this chapter.

D. For permit applications for general light industrial, research and development, or other industrial uses, the fee payer may elect to defer payment of the required road impact fees until a certificate of occupancy is requested for the uses. Any fee payer so electing shall be required to enter into a written agreement with the county whereby the fee payer agrees that if prior to the expiration of one year from the date of the issuance of a final certificate of occupancy the required road impact fees have not been paid, or have not been paid in full, the county shall have the authority to record a lien against the real property for which the certificate of occupancy was issued and that such lien may be enforced in the same manner and by following the same procedures applicable to the levying, collection and enforcement of regular county ad valorem property taxes. The county counsel shall prepare a standard form of agreement for such use.

(Ord. No. 367-P, §§ 9, 10, 11-10-09; Ord. 367-O § 2(part), 1996: Ord. 566 § 2, 1995; Ord. 367N-1 § 3(part), 1995).

14.70.090 - Road impact fee trust funds established.

A. There are established two road impact fee trust funds, one for improvements to State Route 41 and the other for improvements to all other state and local highways and roads identified in the current road impact fee study and for which fees are charged under this chapter.

B. Funds withdrawn from these accounts must be used in accordance with the provisions of Section 14.70.100 of this chapter.


14.70.100 - Use of funds—Update of capital improvement plan for roads.

A. Funds collected from road impact fees shall be used for the purpose of capital improvements to approved roads as shown in the current road impact fee study and for the purpose of developing and administering this chapter. Such improvements shall be of the type made necessary by the new development. No funds shall be used for periodic or routine maintenance. Except as provided in subsection C of this section, funds shall be used exclusively for capital improvements to the approved roads for which the fees were collected. Funds may be used or pledged in the course of bonding or other lawful financing techniques, so long as the proceeds raised thereby are used for the purpose of capital improvements to the approved roads described in the then-current county road impact fee study and for which fees are charged under this chapter. If these funds or pledge of funds are combined with other revenue sources in a dual- or multipurpose bond issue or other revenue-raising device, the proceeds raised thereby shall be divided and segregated in such a fashion that

the amount of such proceeds reserved for road purposes bears the same ratio to the total funds collected that the road impact fee funds used or pledged bear to the total funds, used or pledged.

B. At the meeting of the board of supervisors required by Section 14.70.150(A), the county road commissionerCounty Public Works Director shall present to the board of supervisors a proposed capital improvement program for roads, assigning funds, including any accrued interest, from the road impact fee trust funds to specific road improvement projects. At that same meeting, the county road commissionerCounty Public Works Director shall also present an updated capital improvement plan for roads. The board of supervisors shall conduct a noticed public hearing on and adopt an updated capital improvement plan for roads in the manner required by law. Moneys, including any accrued interest, not assigned in any fiscal period shall be retained in the same road impact fee trust funds until the next fiscal period, except as provided by the refund provisions of this chapter. An updated capital improvement plan for roads shall also be prepared and presented to the board of supervisors concurrently with the updated road impact fee study required or allowed by Section 14.70.170. The cost of preparing and presenting such an updated capital improvement plan for roads shall be borne by the general plan amendment applicant.

C. Upon written request of the road commissionerCounty Public Works Director, moneys placed in one road impact fee trust fund may be borrowed and placed in another road impact fee trust fund so long as the board of supervisors first determines in a noticed public meeting that such loans will not materially disrupt or otherwise alter the timing of provision of capital facilities to be paid for from the lending trust fund and will be repaid from specifically identified revenue sources within five years, either from the borrowing trust fund or from some other designated source, with interest at a rate established by the board at the time it authorizes the loan; provided, however, that if the interest is to be paid from road impact fees deposited in the borrowing trust fund, the board first finds that the amount of such interest so paid will be equal to or less than the benefit given to fee payers of the borrowing trust fund by virtue of the accelerated provision of capital facilities paid for by the borrowing trust fund made possible by virtue of the loan. Upon authorization of any loan, the county's fiscal officers are authorized and directed to perform all acts necessary to comply with said loan terms. Loans may be extended or renewed by the board of supervisors upon findings that such extensions or renewals will not materially disrupt or otherwise materially delay the timing of provision of capital facilities by the lending trust fund. Failure to comply with the terms of a loan shall cause the collection of road impact fees otherwise required by this chapter to be paid to the borrowing trust fund to be paid over to the lending trust fund for all building permits, mobile home installation permits or equivalent permits applied for during the period when the loan is in default.

D. The county shall be entitled to retain from road impact fees it collects an amount equal to its administrative costs of developing and administering this chapter, which amount shall not exceed three percent annually. This administrative change shall be approved by the board of supervisors in connection with its annual findings under Section 14.70.150.


14.70.110 - Refund of fees paid.

If a building permit, mobile home installation permit or equivalent permit expires, is revoked or is voluntarily surrendered and is, therefore, voided, no construction or improvement of land (including moving a mobile home onto land) has been commenced, and no written agreement waiving a refund has been entered into, then the then-current record owner or owners of each unit of development shall be entitled to a refund of the road impact fees paid as a condition for its issuance. No interest shall be paid on refunds due to non-commencement.


14.70.120 - Exemptions and credits.

A. The following shall be exempted from payment of the road impact fee:

1. Alterations or expansion of an existing building or land use where no additional living units will be produced over and above those in the existing use of the property, the use is not changed and where no additional vehicular trips will be produced over and above those produced by the existing use;

2. The construction of accessory buildings or structures which will not produce additional vehicular trips over and above those produced by the principal building or land use;

3. The replacement of a lawfully permitted building, mobile home or structure, the building permit, mobile-home installation permit or equivalent permit for which was issued on or before the effective date of the ordinance codified in this chapter; or the replacement of a building, mobile home or structure that was constructed subsequent thereto and for which the correct road impact fee, which was owed at the time the building permit, mobile home installation permit or equivalent permit was applied for, was paid or otherwise provided for, with a new building, mobile home or structure of the same use and at the same location, provided that no additional vehicular trips will be produced over and above those produced by the original use of the land;

4. Agricultural buildings as defined in Section 14.70.040;

5. A building permit obtained by or for the United States of America, the state of California, Madera County or any school district, community college district or other public district or agency;

6. A building permit, mobile home installation permit or equivalent permit for which the road impact fee has been or will be paid or otherwise provided for pursuant to a written agreement, general, area, or specific plan amendment, conditional use permit, zoning approval, or subdivision or parcel map condition which, by the written terms thereof, clearly and unequivocally was intended to provide for the full mitigation of such impact by enforcement of the agreement, plan amendment, zoning approval, conditional use permit or map condition, and not by the application of this chapter;

7. A building permit, mobile home installation permit or equivalent permit which does not result in any additional generation or attraction of traffic.

B. Credits.

1. No credit shall be given for site-related improvements, local roads, dedication of right-of-way which is a condition of approval of a general plan, area plan or specific plan amendment, rezoning, conditional use permit, parcel or subdivision map, or payments to special assessment or taxing districts, unless otherwise specifically provided in the plan amendment, rezoning, conditional use permit or map approval or in the levy of the special assessment or tax.

2. All other capital improvements for approved roads, except for those improvements deemed site-related, shall be credited against road impact fees in amounts to be established pursuant to subsection (B)(3) of this section. However, the right to determine whether a capital improvement will be approved for credit purposes lies exclusively with the county.

3. When a person requests that a credit be created for construction of an approved road and/or the dedication of right-of-way for an approved road permitted by subsection (B)(2) of this section, he shall submit a project description in sufficient detail and with complete cost estimates prepared by qualified professionals to be utilized by the county road commissionerCounty Public Works Director in determining the amount of the credit the county road commissionerCounty Public Works Director will recommend be authorized by the board of supervisors. When a person requests credit for land dedication for approved roads, he shall present a specimen of the deed which he proposes to use to convey title to the county; a title report rendered no more than sixty days prior to the submission thereof, the content of which is satisfactory to the county counsel and verifying that the proffered deed will convey unencumbered fee simple title to the appropriate government body, property appraisals prepared by qualified professionals; and a certified copy of the most recent assessment of the property for tax purposes to be used by the county road commissionerCounty Public Works

Director in making his decision or recommendation for the amount of the credit. In preparing their reports, appraisers shall value the land at its then-current zoning and without the improvements for which the dedication is offered or the permit in question is sought, unless the land in question is subject to a valid agreement, zoning approval or map condition which prescribes a different valuation, in which case the agreement, zoning approval or map condition shall control. However, the county road commissionerCounty Public Works Director retains the right to independently determine the amount of credit to be approved or recommended by securing other engineering and construction cost estimates and/or property appraisals for those improvements and/or right-of-way dedications through the use of the methodology described in Section 14.70.070.

4. In every case, road impact fee credits shall be calculated so as to be consistent with any state of California statutory requirements. The amount of credits given for construction of or dedication of land for an approved road shall not exceed ninety-seven percent of the costs identified in the then-current road impact fee study for the particular road.

5. Credits for construction shall be created when the construction is completed and accepted by the appropriate governmental body for maintenance or when the fee payer posts security, as provided in this section, for the costs of such construction. Credits for land dedication shall be created when the title to said land has been accepted by the appropriate governmental body and recorded in the official records of the county recorder of Madera County. Security in one of the forms authorized by the Subdivision Map Act (Chapter 5, commencing with Section 66499, of Division 2 of Title 7 of the Government Code) shall be posted with the board of supervisors, made payable to the county, in an amount approved by the county road commissionerCounty Public Works Director equal to one hundred and ten percent of the full cost of such construction. If the road construction project will not be constructed within one year of the acceptance of the offer by the county, the amount of the security shall be increased by ten percent compounded for each year of the life of the security. The security shall be reviewed and approved by the county counsel's office prior to acceptance of the security by the county.

6. Road impact fee credits may be used to pay or otherwise offset road impact fees required by this chapter provided that unless otherwise authorized by the board of supervisors, such credits must be used in the same road impact fee area of benefit in which they are earned. Unless a longer period is specifically authorized by the board of supervisors, such credits must be used within five years of the date they are created, which date is the date the instruments conveying legal title to the land or improvements, which were given in exchange for credits, were recorded in the county's official records. If, during this period, road impact fees are increased, unused credits shall also be increased proportionately. Credits not used during this period shall be canceled by the county road commissionerCounty Public Works Director. Any person who accepts credits in exchange for the dedication of land or improvements does so subject to the limitations on the use, duration, nonrefund provisions, and other restrictions prescribed in this chapter.

7. Pursuant to the procedures established in the rules and guidelines adopted under this chapter, fee payers who would otherwise be entitled to credits for the building of capital improvements or dedication of land may enter into reimbursement agreements with potential fee payers, whereby the first fee payer will agree to build capital improvements and/or dedicate land for the benefit of the second fee payer; in lieu of credits, the second fee payer will agree to reimburse the first fee payer for the costs of capital improvements and/or value of land dedicated for his benefit.

C. Fee payers claiming credits shall submit documentation sufficient to permit the county road commissionerCounty Public Works Director to determine whether such credits claimed are due and, if so, the amount of such credits.

D. Exemptions, credits or waivers must be claimed by the fee payer at the time of the application for a building permit, mobile home installation permit or equivalent permit. Any exemptions, credits or waivers not so claimed shall be deemed waived by the fee payer.

E. Waivers.

1. Part or all of the road impact fees otherwise payable for a particular project may be waived by the board of supervisors pursuant to this section and procedures and standards established in the rules and guidelines adopted under this chapter.

2. The purpose of any fee waiver shall be to encourage industrial development, affordable housing projects or other projects meeting the standards established in the rules and guidelines adopted under this chapter.

3. There shall automatically be granted a fee waiver for industrial and research and development projects that will create new, full-time jobs. The waiver shall be in the amount of one percent of the fee otherwise due for each new, full-time job that will be created by the project, up to a maximum waiver of one hundred percent of the fee otherwise due for such a project if it will create one hundred or more new, full-time jobs. Requests for fee waivers for other projects and uses shall be considered on a case-by-case basis pursuant to the rules and guidelines adopted under this chapter.

(Ord. 367-O § 2(part), 1996: Ord. 566 § 3, 1995: Ord. 367N-1 § 3(part), 1995).

14.70.130 - Appeals.

Any decision made by the county road commissionerCounty Public Works Director, planning directorCommunity and Economic Development Director or building official in the course of administering this chapter may be appealed in accordance with those procedures set forth in Title 18 of this code, Sections 18.108.110 through 18.108.180.


14.70.140 - Fee increases.

Commencing on the first anniversary of the effective date of the ordinance codified in this chapter, each component of the road impact fees may be increased by the board of supervisors from time to time in accordance with Chapter 5 (commencing with Section 66000) and Chapter 8 (commencing with Section 66016) of Division 1 of Title 7 of the Government Code. Commencing on the first anniversary of the effective date of the ordinance codified in this Chapter, on an interim basis, the county may increase each component of the road impact fees pursuant to Chapter 12.5 (commencing with Section 54985) of Part 1 of Division 2 of Title 5 of the Government Code to reflect cost increases of road facilities and improvements using relevant data provided by the latest available edition of the Engineering News Record Cost Index, ENR Twenty Cities Building Cost (base month shall be July, 2009), or any other indices determined relevant by the county road commissionerCounty Public Works Director. At the meeting of the board of supervisors required by Section 14.70.150(A), the road commissionerCounty Public Works Director shall present any proposed fee increase.

(Ord. No. 367-P, § 11, 11-10-09; Ord. 367-O § 2(part), 1996: Ord. 367N-1 § 3(part), 1995).

14.70.150 - Annual findings.

A. For each applicable separate trust fund established under this chapter, the county road commissionerCounty Public Works Director shall, within sixty days of the close of each fiscal year, make available to the public the beginning and ending balance for the fiscal year and the fees, interest and other income and the amount of expenditure by road improvement or facility and the amount of refunds made under Government Code Section 66001(e) and this chapter during the fiscal year, together with detailed information on all fee credits and fee waivers. The board of supervisors shall review this information at its next regularly scheduled public meeting not less than

fifteen days after the availability of the information required by this section. Notice of the time and place of the meeting shall be given as required by law. The board of supervisors may establish a reasonable annual charge for sending such notices based on the estimated cost of providing that service.

B. At the meeting required by subsection A of this section, the board of supervisors shall make findings with respect to any portion of the county road impact fees remaining unexpended or uncommitted five or more years after deposit of the fees, which findings must identify the purpose to which the fees are to be put and to demonstrate a reasonable relationship between the fees and the purposes for which they were charged.

C. Except as provided in subsection D of this section, the county shall refund to the then-current record owner or owners of each unit of development on a prorated basis the unexpended or uncommitted portion of the road impact fees, and any interest accrued thereon, for which need cannot be demonstrated under Section 14.70.150(A). Such refund of unexpended or uncommitted revenues may be made by direct payment, by providing a temporary suspension of fees or by any other means consistent with the intent of Government Code Section 66001.

D. If the administrative costs of refunding unexpended or uncommitted revenues under Section 14.70.150(B) exceed the amount to be refunded, county, after public hearing, notice of which has been given as required by law, may determine that the revenues shall be allocated for some other purpose for which fees are collected under this chapter.


14.70.160 - Rules and guidelines.

The board of supervisors shall, by resolution, adopt rules, regulations, guidelines, standards and procedures for the administration of this chapter (in this chapter, "rules and guidelines"). The rules and guidelines shall address issues including, but not limited to, fees to be levied on existing projects; procedures and standards for variances, exemptions, credits and/or waivers; dedications of property in lieu of fees; guidelines for projects which will require additional traffic analysis; more detailed accounting procedures including procedures for the use of funds retained for development and administration of this chapter; coordination among county departments; fees to be levied in the event of additions, modifications or replacement of existing structures; and other matters relevant to the administration of the road impact fee program adopted by this chapter.


14.70.170 - Road impact fee study updates.

At not less than five-year intervals, or upon approval of a major amendment to the land use element of the Madera County general plan, the county road commissionerCounty Public Works Director shall cause the then-current road impact fee study to be updated to take account of changes in the cost of improvements, growth patterns and rates, demographic variables and other changes in circumstances. The cost of such updates shall be charged to the trust funds established under this chapter in proportion to the balance of funds in each such fund, or to the applicant for the major amendment to the land use element of the general plan, whichever is applicable.


14.70.180 - Penalty and enforcement provision.

A violation of this chapter shall be a misdemeanor punishable according to law; however, in addition to or in lieu of any criminal prosecution, Madera County, or any road impact fee payer, shall have the

power to sue for relief in civil court to enforce the provisions of this chapter. Knowingly furnishing false information to the county road commissionerCounty Public Works Director, planning directorCommunity and Economic Development Director, the building official or any official who is charged with the administration of this chapter or any matter relating to the administration of this chapter shall constitute a violation thereof. Prior to the expiration of one year from the date of issuance of a final certificate of occupancy for which the required road impact fees have not been paid, or have not been paid in full, the county road commissionerCounty Public Works Director shall have the authority to record a lien against the real property for which the certificate of occupancy was issued.

(Ord. 367-O § 2(part), 1996: Ord. 566 § 4, 1995: Ord. 367N-1 § 3(part), 1995).

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