Interpretation, conflict, and severability
(a) In their interpretation and application, the provisions of this article shall be held to be the minimum requirements. More stringent provisions may be required if it is demonstrated that different standards are necessary to promote the public health, safety and welfare.
(b) Where the permitting authority recognizes the approval and/or procedural requirements for development plan review approval outlined in this article and the land development and subdivision regulations cannot be fully met, the permitting authority has the authority to approve site plans incorporating a balance of the design standards in a manner which maximizes the achievement of the stated objectives of this article. Compensating amenities and features exceeding standards and objectives must be identified within such a site plan. The permitting authority shall address these offsetting features in writing as part of its statement of final decision.
(c) Where the conditions imposed by any provisions of this article are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this article or of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.
(d) The provisions of this article are severable. If a section, sentence, clause, or phrase of this article is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the remaining portions of this article.
(Ch. 914, § I(Att.), 12-19-23)