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AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH, <br />VIRGINIA, 1973, BY ADDING TO CHAPTER 40 THEREOF ARTICLE XIV, <br />PERTAINING TO REGULATING THE USE AND DEVELOPMENT OF WE~LANDS~ <br /> <br /> BE IT ORDAINED by the Council of the City of Portsmouth, <br />Virginia: <br /> <br /> 1. That Article XIV be added to Chapter 40 of the Code <br />of the City of Portsmouth, Virginia, to read as follows: <br /> <br />ARTICLE XIV: Wetlands Zoning Ordinance <br /> <br />Section 40-300. Intent. <br /> <br /> The Council of the City acting pursuant to Chapter 2.1 of <br />Title 62.1 of the Code of Virginia, for purposes of <br />fulfilling the policy standards set forth in such Chapter, <br />adopts this Article regulating the use and development of <br />wetlands. <br /> <br />Section 40-301. Definitions. <br /> <br />For the purpose of this Article: <br /> <br /> (a) Commission means the Virginia Marine Resources <br />Commission. <br /> <br /> (b) Commissioner means the Commissioner of Marine <br />Resources. <br /> <br /> (c) Person means any corporation, association or <br />partnership, one or more individuals, or any unit of <br />government or agencies thereof. <br /> <br /> (d) Governmental activity means any or all of the <br />services provided by this City to its citizens for the purpose <br />of maintaining the City and shall include but shall not b~ <br />limited to such services as constructing, repairing, and I <br />maintaining roads, sewage facilities, supplying and treating <br />water, street lights and construction of public buildings~ <br /> <br /> (e) Vegetated wetlands means all that land lying between <br />and contiguous to mean iow water and an elevation above m~an <br />iow water equal to the factor 1.5 times the mean tide range at <br />the site of the proposed project in this City; and upon which <br />is growing on the effective date of this Article or grownI <br />thereon subsequent thereto, any one or more of the following: <br />Saltmarsh codgrass (SPartina alterniflora), saltmeadow ha? <br />(Spartina patens), saltgrass (Distichlis spicata), black <br />needlerush (Juncus roemerianus), saltwort (Salicornia sp.i, <br />sea lavender (limonium sp.), march elder (Iva frutescens), <br />groundsel bush (Baccharis halimifolia , wax myrtle (Myrci~ <br />sp.), sea oxeye (Borrichia frutescens , arrow arum (Pelta~dra <br /> <br /> <br />