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1 . <br />As Recommended by the Citv Attorney <br />• AN ORDINANCE TO AMEND AND RFORDAIN SECTION 31-120 OF <br />THE CHARLOTTESVILLE CITY COnR, 1976 AND TO ADD <br />A SECTION TO SUCH CODE NUMBERED 31-120.1, <br />THE AMENDED AND NEW SECTIONS DEALING WITH THE <br />ALTERATION AND RELOCATION OF STREAMS PURSUANT TO THE <br />FLOOD PLAIN PROVISIONS OF THE CITY ZONING ORDINANCE. <br />• <br />BE IT ORDAINED by the Council of the City of Charlottesville: <br />1. That Section 31-120 of the Charlottesville City Code, 1976, be <br />amended and reordained as follows: <br />Section 31-120. Uses permitted subject to site plan review. <br />(b)(10) Abe-stra}gbten£nq-e€-any-stream;-er-the-a}ter€ng-e€-its <br />eedrse-is-anp-wap;-steal€-be-snb3eet-te-the-agereea}-e£-the <br />g}aria}ag-eemm#ss£ea-threxe3h-the-preeednres-e€-site-g}an <br />red#ew-arevided-€n-artse}e-3f�3f;-prev€ded;-that-ae-sneh <br />e}test#en-er-stra€ahtex#net-sha}�-be-perm#tied-en-enp-stream <br />£er-6ab}eh-a-£}eed-pie}n-has-bees-des#gnated-as-srev4dei-in <br />2. That Section 31-120.1 be added as follows: <br />Section 31-120.1. Alteration of Stream Beds. <br />a. Streams for which a flood plain and flood -way have not been <br />designated as provided in Section 31-117 may be relocated subject <br />to the procedures of Article XIX Site Plan Review. <br />b. Streams for which a flood plain and flood -way have been <br />designated as provided in Section 31-117 may be relocated, <br />subject to the Special Permit procedures of Article XX. The <br />net effect of the relocation shall not result in any alteration <br />in the character of the stream entering and leaving the project <br />area, unless such alteration is deemed necessary by the approving <br />authorities to minimize flood hazards. The planning commission <br />and the city council shall evaluate the following criteria in <br />order to minimize the potential adverse impact of such relocation: <br />1. Preservation of the cross-sectional area of the flood -way. <br />2. Minimization of adverse impact on the cross-sectional area <br />of the flood plain. <br />3. Prevention of increased velocity of the stream. <br />4. Preservation of the holding capacity of the flood plain. <br />I. <br />