An Interpretation of the Planning Commission
(May 7, 2001)
- Section 5.2-4, Balanced Cut and Fill Standards, was added to the Rivergrove Flood Damage Prevention Ordinance (Ordinance # 52) by Ordinance 62-98. It reads, in part, as follows:
“5.2-4 Balanced Cut and Fill Standards
- (i) All development, excavation and fill in the areas of special flood hazard (i.e., the flood plain) shall conform to the following balanced cut and fill standards:
- (iii) Any excavation below bankful stage shall not count toward compensation for fill since these areas would be full of water in the winter and not available to hold storm water;
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The term “bankful” is not defined in Ordinance 62-98 or in Ordinance # 52. The term “bankful” is not defined anywhere in the Rivergrove Land Development Ordinance.
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Ordinance 69-2000, which has been recommended by the Planning Commission to the City Council for adoption, has a balanced cut and fill standard which reads, in part, as follows:
“Section IV. Water Quality Resource Areas
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G. Development Standards All development, excavation and fill in the floodplain shall conform to the following standards:
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3. Any excavation below the 10 year flood elevation for the property shall not count toward compensating for fill.
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While Ordinance No. 69-2000 has not yet been adopted by the City Council, the Planning Commission wishes to currently interpret the term “bankful” in Section 5.2-4(1)(iii) consistently with the way balanced cut and fill requirements will be implemented by Section IV.G.3. of Ordinance 69-2000 above with respect to the limitations placed upon excavation below a certain level not counting toward compensating for fill in the floodplain. Note: When [Ordinance 69-2000 is adopted, the balanced cut and fill standards in Section 5.2-4(1)(iii) of Ordinance # 52 will be replaced by the balanced cut and fill requirements in Section IV.G.3. of Ordinance No. 69-2000.]
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The Planning Commission applied this interpretation on March 5, 2001, to its evaluation of the Development Permit Application for Land Division (18-Lot Subdivision) (Stark’s Landing Incorporated) (5050 SW Childs Road – Consolidated Application).
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In accordance with RLDO Section 3.090, this interpretation is hereby made in writing and will be available with copies of the applicable ordinance (Section 5.2-4, Balanced Cut and Fill Standards, as added to the Rivergrove Flood Damage Prevention Ordinance (Ordinance # 52) by Ordinance 62-98).
INTERPRETATION
Section 5.2-4(1)(iii) of Ordinance # 52
The Planning Commission hereby interprets Section 5.2-4(1)(iii) of Ordinance # 52 as follows:
The bankful stage referred to in Section 5.2-4(1)(iii) of Ordinance # 52 shall be equal to the 10-year flood elevation for the property as that phrase is used in Section IV.G.3. of Ordinance No. 69-2000.
To be Filed with Ordinance 62-98 in the Rivergrove Land Development Ordinance