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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. B11-84. Life extending construction.

(a) Major expansion and/or major intensification of use. Where construction associated with an existing structure will result in a major expansion of the structure (greater than 500 cumulative square feet of all additions since March 2, 1982) or where the construction will result in a major intensification of the use of the property, the on-site sewage disposal system must meet the minimum prevailing sewage disposal requirements of this Code.

(b) Minor expansion. Where construction associated with an existing structure will result in a minor expansion of the structure (500 cumulative square feet or less of all additions) the Director will:

(1) Conduct an on-site inspection to determine adequacy and safe functioning of the existing sewage disposal system.

(2) Require exposure and pumping of the existing septic tank except where the applicant can document that the tank has been pumped within the last three years; a receipt for service from a licensed septic tank pumping firm may be considered sufficient documentation.

(3) Determine the location of existing leachlines and identification of area where future leachline expansion may occur; the septic tank file will then be updated.

(4) Require improvement and/or expansion of the existing sewage disposal system when, in the judgment of the Director, the system is determined to be inadequate to accept current and/or projected waste flows. The determinations are to be made based on size and functioning of the current system, coupled with slope, soil, hydrological, and related factors. Where inspection results in a determination that the sewage disposal system is failing, can reasonably be expected to fail or to contaminate surface waters or groundwaters, the Director will require the replacement or improvement of the sewage disposal system pursuant to Section B11-65 of this Code.

Where improvement and/or expansion of the sewage disposal system is required, but required repairs cannot be made, the Director will disallow the application.

(c) Remodeling or repair. Where the existing sewage disposal system does not meet requirements of this chapter, but is functioning safely and cannot be improved, construction will be limited to the remodeling or repair (as defined in the Uniform Building Code) of the existing structure provided:

(1) The construction will not constitute any expansion or intensification of the use of the property or structure.

(2) Construction will not result in conversion of uninhabitable area(s), such as a garage, deck, porch, patio, or similar area(s), to habitable area(s).

For purposes of implementing this section, the term "intensification of use" means a change that may place an additional demand on the sewage disposal system of a property. The magnitude of the intensification (major or minor) will be determined by the Director.

The restrictions in this section also apply in the event of accidental or natural damage to a structure.

For purposes of implementing this section, the terms "remodeling" and "repair" are as defined in the Uniform Building Code which is adopted by reference into the County's Building Ordinance.

(Ord. No. NS-517.72, § 2, 4-15-03)

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