TITLE 11
SUBDIVISION REGULATIONS

CHAPTER 1
GENERAL PROVISIONS

SECTION:

11-1-1: Short Title

11-1-2: Intent And Purpose

11-1-3: Application And Interpretation

11-1-4: General Requirements

11-1-5: Rules Of Word Construction

11-1-6: Definitions

11-1-1: SHORT TITLE:

This title shall be known and may be cited and referred to as the SUBDIVISION REGULATIONS for the village and is hereby made a part of the official comprehensive plan of the village. (1976 Code §§ 152.001, 152.002)

11-1-2: INTENT AND PURPOSE:

This title is adopted for the following purposes:

   A.   To ensure sound, harmonious subdivision development and community growth, and to safeguard the interests of the homeowner, the subdivider, the investor and the village.

   B.   To provide permanent assets to the locality and to the village.

   C.   To prevent scattered development beyond existing public utilities and prevent excessive development costs.

   D.   To assure the development of land for the highest possible use with all the necessary protection against deterioration and obsolescence.

   E.   To provide common grounds of understanding and a sound working relationship between the village and the developer. (1976 Code § 152.003)

11-1-3: APPLICATION AND INTERPRETATION:

   A.   Application Of Regulations:

      1.   No person shall subdivide any tract of land which is located within the village or in any unincorporated area which is located entirely or in part within one and one-half (11/2) miles of the nearest limits of the village except in conformity with the provisions of this title.

      2.   The subdivision plans and plats, proposed improvements to be installed, and all procedures relating thereto, shall in all respects be in full compliance with these regulations. (1976 Code § 152.004)

   B.   Interpretation:

      1.   In their interpretation and application, the provisions of this title shall be held to be the minimum requirements. If or wherever this title is silent on technical definitions and standards, reference should be made to appropriate sections of the building code, zoning code or manuals depicting standard professional engineering practice.

      2.   Where the conditions imposed by any provision of this title upon the use of land are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this title or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

      3.   This title is not intended to abrogate any easement, covenant or any other private agreement; provided, that where the regulations of this title are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements, the requirements of this title shall govern.

      4.   If any section, division, sentence, clause, phrase or portion of this title is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and the holding shall not affect the validity of the remaining portions. (1976 Code § 152.005(F))