(A) Interpretation. In their interpretation and application, the provisions of these subdivision 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. The subdivision regulations are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provisions of law. Where any provision of these subdivision regulations imposes restrictions different from those imposed by any other provision of these subdivision regulations or any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
(2) Private provisions. These subdivision regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of these subdivision regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restriction, the requirements of these subdivision 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 subdivision regulations, or the determinations of the Commission or the city in approving a subdivision or in enforcing these subdivision regulations, and such private provisions are not inconsistent with these subdivision regulations or determinations thereunder, then such private provisions shall be operative and supplemental to these subdivision regulations and determinations made thereunder.
(C) Separability. If any part of the provisions of these subdivision 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 operations to the part, provision or application directly involved in all controversy in which such judgment has been rendered and shall not affect or impair the validity of the remainder of these subdivision regulations or the application thereof to other persons or circumstances. The Commission hereby declares that it would have enacted the remainder of these subdivision regulations even without any such part, provision or application.
(Ord. passed 2-2-2010)