(A) More Restrictive Requirements Apply: Whenever the requirements of this chapter differ from those of any statute, lawfully adopted ordinance or regulation, easement, covenant, or deed restriction, the more stringent requirement shall prevail. Thus, in accordance with State law 1 , whenever this chapter imposes higher standards than the County Subdivision Ordinance, said higher standards shall supersede the County regulations in the unincorporated territory located within the City of East Moline's subdivision jurisdiction.
This chapter is not intended to abrogate any easement, covenant, deed restriction, or any other private agreement or restriction; provided, that, where the provisions of this chapter are more restrictive or impose higher standards or regulations than such easement, covenant, deed restriction, or other private agreement or restriction, the provisions of this chapter shall govern. Where the provisions of the easement, covenant, deed restriction, or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of this chapter or the determinations of the City in approving a subdivision or in enforcing this chapter, and such private provisions are not inconsistent with this chapter or determinations thereunder, then such private provisions shall be operative and supplemental to this chapter and determinations made thereunder. The City does not purport to enforce any such private provisions not reflected on the plat and its supporting documents and unless there is expressed in the nature of the document and the approval process an intent to give the City enforcement rights over same. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)
Notes
| 1 | 2. 65 ILCS 5/11-12-11. |