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2010 Ordinances
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1/18/2011 12:06:48 PM
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<br />ARTICLE I. GENERAL PROVISIONS <br /> <br />Sec. 33.1-1. Short Title. <br /> <br />This chapter shaH be known and may be cited as the "Subdivision Ordinance of the City of <br />Portsmouth, Virginia," or simply as the "Subdivision Ordinance." <br /> <br />Sec. 33.1-2. Purpose. <br /> <br />This chapter is adopted pursuant to the terms and provisions of Code of Virginia, S 15.2-2240 et <br />seq. The purpose of this chapter is to provide for the harmonious and economic development of <br />the city; for the orderly subdivision of land and its development; for the orderly development of <br />the general area surrounding such subdivision; for the coordination of streets within such <br />subdivision with other existing or planned streets within the general area; for adequate provisions <br />for drainage, flood control, light, air, protection of the waters of the Chesapeake Bay and its <br />tributaries, and other public purposes; for the adequate and proper installation of streets, drainage, <br />sanitary sewers, water and other utilities and facilities; for the dedication to the city of land for <br />streets, alleys or other public purposes or the transfer to the city of easements or other rights or <br />privileges; and for the reservation for the city of land to be acquired for public facilities. <br /> <br />Sec. 33.1-3. Compliance with chapter mandatory. <br /> <br />(a) No person shall subdivide land without making and recording a plat of subdivision and fully <br />complying with the provisions of this chapter, except that condominiums or conversion <br />condominium plats shall be prepared in accordance with Code of Virginia, S 55-79.58 and a copy <br />of all documents filed with the state real estate commission shall also be filed with the Planning <br />Director. <br /> <br />(b) No plat of any subdivision shall be recorded unless and until it shall have been submitted to <br />and approved by the Agent. <br /> <br />(c) No person shall sell or transfer any land of a subdivision before such plat has been duly <br />approved and recorded as provided herein unless such subdivision was lawfully created prior to <br />the adoption of a subdivision ordinance applicable thereto; provided, that nothing herein <br />contained shall be construed as preventing the recordation of the instrument by which such land is <br />transferred or the passage of title as between the parties to the instrument. Under no <br />circumstances shall a subdivision of land be recorded by Deed only. <br /> <br />(d) No clerk of any court shall file or record a plat of a subdivision required by this chapter until <br />such plat has been approved by the Agent as required herein. <br /> <br />(e) The requirements of this chapter shall be considered separate from, and supplementary to, any <br />requirements otherwise specified by this Code or by state or federal law. Nothing contained <br />herein shall excuse compliance with other applicable ordinances or laws. Where local <br />requirements are in conflict with mandatory state or federal requirements, the state or federal <br />requirements shall prevail. <br /> <br />Page I of 33 <br />
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