Questione giuridica chiave
Whether the project site qualified as a densely built area allowing an exception under the watercourse setback rules.
Decisione estratta
No. The area was peripheral within the municipality and not densely built within the meaning of the ordinance.
Motivazione estratta
The concept must be interpreted restrictively and uniformly under federal law. Peripheral areas adjacent to a watercourse generally do not justify an exception merely because the river is already built over or revitalization options are limited.