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involved in the controversy in which the judgment shall be rendered and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of these regulations even without any such part, provision, or application which is judged to be invalid. Section 15.01.08 Saving Provision These regulations shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision 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, firms, or corporation by lawful action of the city except as shall be expressly provided for in these regulations. Section 15.01.09 Reservations and Repeals Upon the adoption of these regulations according to law, the Subdivision Regulations of the City of Batesville, adopted July 11, 1967, as amended, are hereby repealed, except as to those sections expressly retained in these regulations. Section 15.01.10 Amendments For the purpose of protecting the public health, safety, and general welfare, the Planning Commission may from time to time propose amendments to these regulations which shall then be approved or disapproved by the City Council at a public meeting following public notice. Section 15.01.11 Public Purpose Regulation of the subdivision of land and the attachment of reasonable conditions to any subdivision is an exercise of valid police power delegated by the state to this city. The developer has the duty of compliance with reasonable conditions laid down by the Planning Commission for design, dedication, improvement, and restrictive use of the land to conform to the physical and economic development of the city and to the health, safety, and general welfare of the future lot owners in the subdivision and of the community at large. Section 15.01.12 Variances,Exceptions,and Waiver of Conditions 1. General. Where the Planning Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances, exceptions, and waiver of conditions to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that the variance, exception, or waiver conditions shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Planning Commission shall not approve variances, exceptions, and waiver of conditions unless it shall make findings in writing, based upon the evidence presented to it in each specific case that: • a. The granting of the variance, exception, or waiver of conditions will not be detrimental to the public safety,health,or welfare or injurious to other property; -143 - Batesville Subdivision Regulations