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AN ORDINANCE TO AMEND SUBPARAGRAPH (8) AND (9) <br />40-67.1 OF THE CODE OF THE CITY OF PORTSMOUTH, <br />TAINING TO EXCAVATION USE PERMITS, <br /> <br />OF SECTION <br />1973, PER- <br /> <br /> BE IT ORDAINED by the Council of the City of Portsmouth, <br />Virginia, that subparagraphs (8) and (9) of Section 40-67.1 <br />are amended and reordained to read as follows: <br /> <br />Section 40-67.1. Excavation Use Permit <br /> <br /> (8) Fee for Removal of Excavated Material: The owner <br />or operator shall make application in writing to the Comm- <br />issioner of Revenue for a license to excavate. The license <br />shall be obtained in advance of the beginning of each quarter, <br />January 1, April 1, July i, October if or portion thereof <br />that the owner or operator intends to excavate, and the <br />application shall include an estimate of the number of cubic <br />yards to be excavated. Each quarterr or portion thereof, <br />the owner or operator shall pay in advance into the treasury <br />of the City the fee for each cubic yard of material estimated <br />to be removed within that particular quarter or portion <br />thereof. At the end of the quarter, the actual records of <br />excavation shall be furnished the Commissioner of Revenue, <br />and adjustments shall be made to insure that the owner only <br />pays for the cubic yards removed. <br /> <br />(9) Operating and Development Requirements: <br /> <br /> (a) Access road. Access roads to any excavation <br />where hauling is being conducted shall be maintained in a <br />dust-free manner. All access roads shall be constructed so <br />as to intersect as nearly as possible at right angles <br />with public streets and highways~ and no access road shall <br />intersect any public road at any angle of less than sixty <br />~(60) degrees. <br /> <br /> (b) Operating hours. Operating hours of excavating <br />shall be restricted between 7:00 a. m~ and 7:00 po mo No <br />Sunday operations shall be permitted. However, in the case <br />of emergencies, or for reasons of safety or convenience~ the <br />Department of Engineering Services may permit operation beyond <br />7:00 p.m. and on Sundays. <br /> <br /> (c) Construction of buildings. Ail buildings used <br />for the production and processing of excavated material shall <br />be constructed and maintained as required by the building code. <br /> <br /> (d) Damage to public streets due to hauling. The <br />applicant shall submit as a part of his application a statement <br /> <br /> <br />