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x'~~~: ~~ AN ORDINANCE TO AMEND ARTICLE III OF CHAPTER 36 OF .THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (2006) (TREE PLANTING AND REPLACEMENT) BY AMENDING AND REORDAINING SUBSECTIONS 36- 52(1), (3) AND (4), SECTION 36-56, AND TABLE 36.1 FOR THE PURPOSES OF CORRECTING CERTAIN REFERENCES TO THE ZONING ORDINANCE, THE SUBDIVISION ORDINANCE, AND OTHER GOVERNING DOCUMENTS, AND DESIGNATING THE BOARD OF ZONING APPEALS AS THE VENUE FOR APPEALS OF DETERMINATIONS M~DE UNDER THE ARTICLE. BE IT ORDAINED by the Council of the C~i~y of Portsmouth, Virginia: 1. That subsections 36-52(1), 36-52(3), and 36-52(4) of the Code of the City of Portsmouth, Virginia (2006) are hereby amended and reordained as follows. Section 36-52 is not otherwise amended. Sec. 36-52. -Standards for planting and replacement of trees. The following standards shall apply to the planting and replacement of trees: (1) Any preliminary or final subdivision plat submitted in accordance with the subdivision ordinance (chapter 33.1 of the city Code), which creates a lot any site development plan submitted in accordance with the zoning ordinance (chapter 40.1 of the city Code), and any application for a building permit for a principal residential structure shall include a landscape plan. The landscape plan must be drawn to the same scale as the plat or site development plan and shall clearly indicate trees to be retained or planted to meet the requirements of this article. Trees to be retained on the site shall be clearly indicated by common and botanical names; their actual location on the site; and the extent of the site covered by the canopy of each tree. Stands of five or more trees maybe grouped together and shall indicate the overall area to be encompassed by their canopies. Critical protection zones for all trees to be retained, as well as a description of any protective devices proposed to comply with subsection (10) of this section, shall be indicated. Trees to be planted on the site shall be clearly indicated by botanical and common names, their proposed locations on the site; and caliper and height. The plan shall include a note indicating that trees shall be planted in conformance with subsections (9)a and (9)b of this section. When a landscape plan for a site has already been approved as part of a subdivision or site development plan for a larger development, no new landscape plan shall be required, provided that the development of the site shall comply with all other provisions of this article. (3) The area of a site to be used in calculating canopy cover shall be the area of the zone lot or the actual size of the lot at the time of elan submittal as defined in chapter 40.1.