1977_Ordinances - Laserfiche WebLink

Home Browse Search

• • As Recommended by the City Attorney AN ORDINANCE TO AMEND AND RFORDAIN SECTION 31 -120 OF THE CHARLOTTESVILLE CITY COnE, 1976 AND TO ADD A SECTION TO SUCH CODE NUMBERED 31- 120.1, THE AMENDED AND NEW SECTIONS DEALING WWTITH THE ALTERATION AND RELOCATION OF STREAMS PURSUANT TO THE FLOOD PLAIN PROVISIONS OF THE CITY ZONING ORDINANCE. BE IT ORDAINED by the Council of the City of Charlottesville: 1. That Section 31 -120 of the Charlottesville City Code, 1976, be amended and reordained as follows: Section 31 -120. Uses permitted subject to site plan review. * ** (b)(10) The- straightenineT -eE- any - stream -er- the - altering -e€ -its eesrse -n- any - way; - shall- be- subieet -te- the- appreval -e -the planning- eemmissien- threugh- the- proeedures -e- site -plan review- erevided- in- artiele- M+M;- previded - that- ne -sueh alteration -er- straghtening- shali- be- permittee -en -any- stream €er- wheh-a-lleed- plain- has - been - designated- as- erevided - -in seetien- 31- 1147-- {1P- 16- 4S7- § - 12137} 2. That Section 31 -120.1 be added as follows: Section 31- 120.1. Alteration of Stream Beds. a. b. Streams for which a flood plain and flood -way have not been designated as provided in Section 31 -117 may he relocated subject to the procedures of Article XIX Site Plan Review. Streams for which a flood nlain and flood -way have been designated as provided in Section 31 -117 may be relocated, subject to the Special Permit procedures of Article XX. The net effect of the relocation shall not result in any alteration in the character of the stream entering and leaving the project area, unless such alteration is deemed necessary by the approving authorities to minimize flood hazards. The planning commission and the city council shall evaluate the following criteria in order to minimize the potential adverse impact of such relocation: 1. Preservation of the cross - sectional area of the flood -way. 2. Minimization of adverse impact on the cross - sectional area of the flood plain. 3. Prevention of increased velocity of the stream. 4. Preservation of the holding capacity of the flood plain.