This chapter shall be known and may be cited as the "The Delaware
County Subdivision and Land Development Ordinance of 2016."
This Subdivision and Land Development Chapter (chapter) shall
become effective on August 13, 2016, and shall remain in effect until
modified, amended, or rescinded by Delaware County.
The provisions of this chapter shall be deemed to be the minimum
requirements necessary to meet the foregoing purposes. However, when
interpreting such requirements, the following shall be noted:
A. Where, owing to special or unique conditions, life, health, safety,
or property of persons may be threatened or endangered by the application
of any of the requirements of this chapter, more stringent or restrictive
requirements necessary to eliminate or alleviate such menace or jeopardy
may be applied or imposed by the municipality.
B. Where, owing to special or unique conditions, the provisions of this
chapter will inflict unnecessary hardship upon the applicant, reasonable
exceptions to such provisions which will not be contrary to the foregoing
purposes or to the public interest and will be in conformance with
the existing character of the community may be made by the municipality.
C. Where the provisions of this chapter impose more stringent requirements
than those of any statute, ordinance, code, or regulation, the provisions
of this chapter shall prevail; where the provisions of any statute,
ordinance, code, or regulation impose more stringent requirements
than those of this chapter, such statute, ordinance, code, or regulation
shall prevail.
D. Where it is desirable to effect economy and ingenuity in the layout of subdivisions and land developments and to protect sensitive natural and historic resources, modifications of site requirements may be made in accordance with the guidelines set forth in §
195-1105 of this chapter, and the municipality may alter site requirements to encourage other practices which are in accordance with modern and evolving principles of site planning and development.
Should any court of competent jurisdiction decide that any section
or provision of this chapter is unconstitutional or invalid, this
decision shall not affect the validity of this chapter as a whole
or any part thereof other than the part so decided to be unconstitutional
or invalid. Moreover, should any court of competent jurisdiction decide
that the application of any provision of this chapter to any premises
is unconstitutional or invalid, this decision shall be limited to
the person, property, or situation immediately concerned and shall
not affect the applicability of the relevant provision to other persons,
properties, or situations.