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May 19, 2022 <br />24 <br /> <br />128. Top of Bank. The elevation at which water overflows the natural banks of streams or the <br />waters of the state and begins to inundate upland areas. <br />129. Trip. A single or one-directional vehicle movement. <br />130. Unbuildable Lot. Those lots in a proposed subdivision or lots or parcels resulting from a <br />subdivision of land that are restricted from development due to environmental conditions <br />such as steep slopes, the presence or wetlands or waterways, or sending properties <br />restricted from development because of this Ordinance. <br />131. Variance. A process for alleviating specific requirements imposed by this Ordinance and <br />provided under this Ordinance. <br />132. Watercourse. A permanent topographic feature, whether natural or man-made, that serves <br />to gather and carry flowing surface water such as a permanent or intermittent stream, a <br />river, creek, brook, run, or ditch; and which measured by the width of the channel during <br />normal high water. <br />133. Watershed. All land and water within the confines of a drainage basin. <br />134. Wetlands. Areas that are inundated or saturated by surface or groundwater at a frequency <br />and duration sufficient to support and that under normal circumstances do support, a <br />prevalence of vegetation typically adapted for life in saturate soil conditions, including <br />swamps, marshes, bogs, and similar areas. <br />Section 3.04 Responsibility for Interpretation <br />(a) In the event a question of interpretation arises concerning any provision or the <br />application of any provision of this Ordinance, the County Planner, in consultation with <br />the State’s Attorney for Cass County as may be necessary, shall be responsible for such <br />interpretation. Such interpretation shall look to the Cass County Comprehensive Plan and <br />the overall purpose and intent of this Ordinance for guidance. The County Planner shall <br />provide such interpretations in writing upon request. Records of all such interpretations <br />shall be maintained at the County Planner’s office for future reference. If any person <br />having an interest in such an interpretation chooses to appeal such a decision, the matter <br />may be referred to the Planning Commission to be reviewed. The Planning Commission <br />shall make a recommendation to the Board of County Commissioners for a final decision <br />on the appeal. <br />