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AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (1988) BY AMENDING CHAPTER 9.1, PERTAINING TO THE CHESAPEAKE BAY PRESERVATION AREA OVERLAY DISTRICT. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That Chapter 9.1 of the Code of the City of Portsmouth, Virginia (1988) be amended and reordained to read as follows: CHAPTER 9.1 CHESAPEAKE BAY PRESERVATION AREA OVERLAY DISTRICT Section 9.1-1. Findings of Fact. The Chesapeake Bay and its tributaries is one of the most important and productive estuarine systems in the world, providing economic and social benefits to the citizens of the City of Portsmouth and the Commonwealth of Virginia. The health of the Bay is vital to maintaining the city's economy and the welfare of its citizens. The Chesapeake Bay waters have been degraded significantly by many sources of pollution, including nonpoint source pollution from land uses and development. Existing high quality waters are worthy of protection from degradation to guard against further pollution. Certain lands that are proximate to shorelines have intrinsic water quality value due to the ecological and biological processes they perform. Other lands have severe development constraints from flooding, erosion, and soil limitations. With proper management, they offer significant ecological benefits by providing water quality maimenance and pollution control, as well as flood and shoreline erosion control. These lands together, designated by the City Council as Chesapeake Bay Preservation Areas (hereinafter "CBPAs"), need to be protected from destruction and damage in order to protect the quality of water in the Bay and consequently the quality of life in the City of Portsmouth and the Commonwealth of Virginia. Section 9.1-2. Purpose and Intent. (a) This ordinance is enacted to implement the requirements of Section 10.1- 2100, et seq., of the Code of Virginia (The Chesapeake Bay Preservation Act). The intent of the City Council and the purpose of the Overlay District is to: (1) protect existing high quality state waters; (2) restore all other state waters to a condition or quality that will permit all reasonable public uses and will support the propagation and growth of all aquatic life, including game fish, which might reasonably be expected to inhabit them; (3) safeguard the clean waters of the Commonwealth from pollution; (4) prevent any increase in pollution; (5) reduce existing pollution; and (6) promote water resource conservation in order to provide for the health, safety, and welfare of the present and future citizens of the City of Portsmouth.