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. . . ORDlflANC[ NO.1 0 0 5 ~~_ AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (1988) BY AMENDING SECTIONS 9.1-3, 9.1-4(d), 9.1-7(c), 9.1-9, 9.1- 10(b)(I), 9.1-10(b)(9), 9.1-10(c)(2), (3), AND (5), 9.1-11(c), 9.1-11(d)(4), 9.1-11(f)(3)- (5), 9.1-11(g)-(i), and 9.1-12 OF CHAPTER 9.1, PERTAINING TO THE CHESAPEAKE BAY PRESERVATION AREA OVERLAY DISTRICT. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: I. That the definitions of "Nontidal wetlands" and "Public Roads" contained in Section 9.1-3 of the Code of the City of Portsmouth, Virginia (1988) be amended to read as follows: Section 9.1-3. Definitions. "Nontidal wetlands" means those wetlands other than tidal wetlands that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U.S. Environmental Protection Agency pursuant to Section 404 of the federal Clean Water Act, in 33 C. F. R. 328.3b "Public Road" means a publicly owned road designed and constructed in accordance with water quality protection criteria at least as stringent as requirements applicable to the Virginia Department of Transportation, including regulations promulgated pursuant to Section 10.1-560 et seq. of the Code of Virginia (the Erosion and Sediment Control Law) and Section 10.1-603.1 et. seq. of the Code of Virginia (the Virginia Stormwater Management Act). This definition includes those roads where the Virginia Department of Transportation exercises direct supervision over the design or construction activities, or both, and cases where secondary roads are constructed or maintained in accordance with the standards of the City of Portsmouth. 2. That Sections 9.1-4(d), 9.1-7(c), 9.1-9, 9.1-10(b)(l), 9.1-10(b)(9), 9.1- 10(c)(2),(3), and(5), 9.I-ll(c), 9.1-11(d)(4), 9.1-1 I (f)(3),(4),(5), 9. I-II (g)-(i), and 9.1-12 be amended and reordained to read as follows: Section 9.1-4. Chesapeake Bay Preservation Area Overlay District Map; Applicability (d) Portions of RP As and RMAs designated by the City C::ouncil as Intensely Developed Areas shall serve as redevelopment areas. Areas so designated shall comply with all erosion and sediment control requirements and the performance standards for redevelopment in Section 9.1-10.