Title 16 SUBDIVISIONS*
Chapter 16.04 GENERAL PROVISIONS
16.04.060 Interpretation, conflict and separability.
A. In their interpretation and application, the provisions of
these regulations shall be held to be the minimum requirements for the promotion
of the public health, safety and general welfare.
B. Conflict with Public and Private Provisions.
1. Public Provisions. These regulations are not intended to
interfere with, abrogate, or annul any other ordinance, rule, or regulation,
statute or other provision of law. Where any provision of these regulations
imposes restrictions different from those imposed by any other provision of
these regulations or any other ordinance, rule or regulation, or other
provisions of law, whichever provisions are more restrictive or impose higher
standards shall control.
2. Private Provisions. These regulations are not intended to
abrogate any easement, covenant or any other private agreement or restriction,
provided that where the provisions of these regulations are more restrictive or
impose higher standards or regulations than such easement, covenant or other
private agreement or restriction, the requirements of these regulations shall
govern. Where the provisions of the easement, covenant or private agreement or
restriction impose duties and obligations more restrictive, or higher standards
than the requirements of these regulations, or the determinations of the
planning commission of the village in approving a subdivision or in enforcing
these regulations, and such private provisions are not inconsistent with these
regulations or determinations thereunder, then such private provisions shall be
operative and supplemental to these regulations and determinations made
thereunder.
3. Separability. If any part or provision of these
regulations or application thereof to any person or circumstances is adjudged
invalid by any court of competent jurisdiction, such judgment shall be confined
in its operation to the part, provision, or application directly involved in
controversy in which the judgment shall have been rendered and shall not affect
or impair validity of the remainder of these regulations or the application
thereof to other persons or circumstances. The village board declares that it
would have enacted the remainder of these regulations even without any such
part, provision or application. (Subdivision Ordinance dated 6/3/03 §
1-6)