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AN ORDINANCE TO AMEND CHAPTER 11 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (1988) BY AMENDING SECTIONS 11-33, 11- 43(a)(5), 11-44(2), and 11-49 THEREOF AND BY ADOPTING NEW SECTION ll- 10(c) PERTAINING TO LAND DISTURBING ACTIVITIES. BE IT ORDAINED by the Council of the City of Portsmouth, Virgima: 1. That Sections 11-33, 11-43(a)(5), 11-44(2), and 11-49 of the Code of the City of Portsmouth, Virginia, be amended and reordained to read as follows: Sec. 11-33. Fee; number of copies; contents. A fee of $75.00 shall accompany an erosion and sedimentation control plan at the time of submission. If the plan is submitted in conjunction with a commercial or industrial site plan review, no fee shall be charged under this section. In addition, no fee shall be charged under this section for review of an erosion and sedimentation control plan for the development of an individual single-family residential lot. Three copies of the erosion and sedimentation control plan, along with a topographic survey and a plan showing the proposed development use, including but not limited to, subdivision, group housing project, commercial or industrial development, condominium or planned unit development, shall be submitted to the plan-approving authority. The plan shall include all information required by the handbook referred to in section 11-9 and required for subdivision preliminary layouts by the subdivision ordinances, excluding commercial and industrial developments. The plan for commercial and industrial developments shall conform to the requirements of the handbook and the general requirements for parking lots as set forth in the zoning ordinance. Sec. 11-43. Environmental compliance excavation permit; application procedures. (a) No environmental compliance excavation permit for excavation of soils within the Abex Superfund Site Operable Unit 1. (OU1)..Area shall be issued to any person unless such person has submitted an application for such a permit to the city engineer or his/her designee. An applicant for such a permit shall submit the following information, in writing to the city engineer or his/her designee: (5) Proof of receipt of written notice of the information described in (1) through (4) above, by the U.S. Environmental Protection Agency (EPA), Region III, Director, Hazardous Waste Management Division, 1640 Arch Street, Philadelphia, PA 19103-2029; Sec. 11-44. Environmental compliance excavation permit; terms and conditions.