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AN ORDINANCE TO AMEND ARTICLE IV OF CHAPTER 40 OF THE CITY CODE BY ADDING SECTION 40-67.1 PERTAINING TO EXCAVATION USE PERMITS° BE IT ORDAINED by the Council of the City of Ports- mouth, Virginia:. That the Code of the City of Portsmouth, Virginia~ 1973, be amended by adding thereto Section 40-67.1 to read as follows: Section 40-67.1. Excavation Use Permit. (1) Excavation Use Permit Required: It shall be unlawful for any person to excavate or remove soils, sand, clay, gravel or any combination of these from any area within the City for the purpose of operating a borrow pit from which the excavated material will be sold without first obtaining a use permit from City Council as prescribed by the Zoning Ordinance. This chapter shall not apply to excavation of building construction for which a building permit has been obtained. Nor shall it apply to the construction of streets, driveways, utilitiest agricultural farm ponds, or sanitary disposal systems for which permits have been issued. (2) Application for Excavation Use Permit: Application for a permit to excavate may be submitted for any zoning district. The fee for filing an application for an excavation use permit shall be fifty dollars. Application for excavation permit shall be filed with the City Planning Commission on forms approved by the City Planning Commission and shall include the following information: (a) The names and addresses of owners of all property abut- ting on property for which excavation permit is sought. (b) Identification plat, prepared by an engineer or land surveyor, certified by the Commonwealth, drawn to a scale of not less than one inch equals one hundred feet, submitted in five copies. This plat shall show: (i) The means of vehicular access to the proposed ex- cavation. (ii) The number of cubic yards to be excavated.