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.
(A) Public provisions. These regulations and ordinance are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation. If these regulations imposes a restriction different from any other ordinance, rule or regulation, or other provision of law, those provisions that are more restrictive or impose higher standards shall control.
(B) Private provision. 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 than such easement, covenant, or other private agreement or restriction, the requirement of these regulations shall govern. Where the provisions of the easements, 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 Commission in enforcing these regulations, or the determinations of the Commission in enforcing these regulations, and such private provisions are not inconsistent with these regulations and such private provisions are not inconsistent with these regulations or determinations there under, then such private provisions shall be operative and supplemental to these regulations and determinations made there under. Generally private provisions can only be enforced privately unless a public agency such as the City Council or Plan Commission has been made a party to such agreements.
(C) 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 the controversy in which such judgment shall have rendered and shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have rendered and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances. The city hereby declares that it would have enacted the remainder of these regulations even without any such part, provision or application.
(D) Acceptance of streets and infrastructure. Regardless of any other provisions of this chapter, neither the city nor county are required to accept for maintenance or repair any street or road, platted or unplatted, until all other infrastructure associated with the development, such as sanitary sewers and water system, has been accepted by the city or county, as the case may be. After acceptance of other infrastructure, the city or county may accept dedication of the streets and roads; provided that:
(1) A deed of dedication, executed by the owner, has been prepared for all proposed public right-of-way in which streets and roads have been constructed;
(2) There exist no know violations of this chapter and the appropriate maintenance surety have been submitted;
(3) There is a written acceptance of the deed of dedication by the city or county; and
(4) The completely executed deed of dedication is recorded in the office of the Recorder of the county.
(Ord. 2001-1478, passed 11-19-2001)