[Ord. No. 95-12 §7.1, 3-7-1995]
A.
Interpretation. 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.
B.
Conflict with Public and Private Provisions.
1.
Public provisions. These regulations are not intended
to interfere with, abrogate or annul any other ordinance, rule or
regulation, statute or other provision of law. Where any provision
of these regulations imposes restrictions different from those imposed
by any other provision of these 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 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 or impose higher standards or regulations that
such easement, covenant or other private agreement or restriction,
the requirements of these 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 regulations, and such private provisions
are inconsistent with these regulations or determinations thereunder,
then such private provisions shall be operative and supplemental to
these regulations and determinations made hereunder.
C.
Separability. If any part or provisions of these regulations
or application thereof to any person or circumstances is adjudged
invalid by any court of competent jurisdiction, such judgement shall
be confined in its operation to that part, provision, or application
directly involved in the controversy in which such judgement shall
have been rendered and shall not affect or impair the validity of
the remainder of these regulations or the validity of the remainder
of these regulations or the application hereof to other person or
circumstances. The Governing Body hereby declares that it would have
enacted the remainder of these regulations even without any such part,
provision, or application found to be unlawful or invalid.
[Ord. No. 95-12 §7.2, 3-7-1995]
These regulations shall not be construed as abating any action
now pending under, or by virtue of, prior existing regulations, or
as discontinuing, abating, modifying or altering any penalty accruing
or about to accrue, or as affecting the liability of any person, firm
or corporation, or as waiving any right of the City under any Section
or provision existing at the time of adoption of these regulations
or as vacating or annulling any rights obtained by any person, firm
or corporation, by lawful action of the City, except as shall be expressly
provided for in these regulations.
[Ord. No. 95-12 §7.3, 3-7-1995]
For the purpose of providing for the public health, safety and
general welfare, the Governing Body may, from time to time, amend
the provisions of these regulations.
[Ord. No. 14-2015 §1, 3-17-2015]
A certain document, a copy of which is on file in the office
of the Building Inspector of the City of Neosho, Missouri, being marked
and designated as "Best Management Practices (BMP) Manual for Land
Disturbance Activity Revised December 2014," as published by the City
of Springfield Department of Environmental Services is hereby adopted
as the BMP for Land Disturbance Activity Guide Book of the City of
Neosho, Missouri.
[Ord. No. 95-12 §7.4, 3-7-1995]
A.
Any
person aggrieved by a decision of the City Building Inspector may
appeal any order, requirement, decision or determination first to
the Technical Review Committee and then to a court of competent jurisdiction
in accordance with the procedures set forth below:
1.
A hearing before the Technical Review Committee may be required within
ten (10) days of a final order, requirement, decision or determination
of the City Building Inspector. The Technical Review Committee shall
consider any information offered by the aggrieved person bearing on
the dispute and may recommend to the City Building Inspector an appropriate
course of action: Either reversal, modification, or confirmation.
The City Building Inspector, who shall be present at the hearing,
shall act on the recommendation in a manner consistent with his/her
responsibilities under these regulations.
2.
Any person aggrieved by any final decision of the City Building Inspector
following review by the Technical Review Committee may seek review
by a court of competent jurisdiction in the manner provided by the
laws of the State of Missouri.
[Ord. No. 95-12 §7.5, 3-7-1995]
A.
The
Technical Review Committee on Stormwater Management, which shall be
appointed by the Governing Body, shall consist of three (3) members
from the fields of hydrology, geology, environmental science, civil
engineering or physical planning. The Chairman shall be elected by
the members of the Committee. The Committee shall have the following
responsibilities:
1.
Participate in the review of appeals as provided in Section 430.250(1),
above;
2.
Mediate disputes regarding the interpretation and applicability of the technical provisions of the ordinance, particularly with respect to design criteria and performance standards set forth in Article IV; and
3.
Submit recommendations and findings pertinent to any dispute to the
City Building Inspector.
