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impact of the activity on the ability of the city to provide <br />governmental services and on the rights of any other person and <br />~o carry out the public policy set forth in chapter 13 of title <br />28.2 (section 28.2 1300 et seq.) of the Code of Virginia and <br />in this article. <br /> <br />Nothing in this section shall be construed as affecting the <br />right of any person to seek compensation for any injury in fact <br />incurred by him because of the proposed activity. If the <br />wetlands board finds that the anticipated public and private <br />benefit from the proposed activity is exceeded by the <br />anticipated public and private detriment or that the proposed <br />activity would violate the purposes and intent of chapter 13 of <br />title 28.2 (section 28.2 1300 et seq.) of the Code of <br />Virginia and of this article, the board shall deny the permit <br />applicatmon with leave to the applicant to re-submit the <br />application mn modified form. <br /> <br /> 2. Tha5 Section 39-23 of the Code of the City of <br />Portsmouth, Virginia (1988), be amended by amending the <br />definition of "Wetlands board" contained therein ko read as <br />follows: <br /> <br />Sec. 39-23. Definitions. <br /> <br /> "Wetlands board" or "board" means the wetlands board <br />created by this article in accordance with section 28.2 <br />of the Code of Virginia. <br /> <br />1300 <br /> <br /> 3. That this ordinance shall take effect on the date of <br />its adoption. <br /> <br /> Adopted by the Council of the City of Portsmouth, <br />Virginia, at a meeting held on March 22, 1994. <br /> <br />Teste: <br /> <br />City Clerk <br /> <br /> <br />