Bargersville City Zoning Code

SUBDIVISION REGULATIONS

§ 154.130 ESTABLISHMENT OF CONTROLS.

Subdivision plats, replats, amendments or corrections to a recorded plat cannot be recorded until approved according to this chapter. Approval must be in writing on the plat by the Administrator. Amendments or corrections to a recorded plat must be cited as an addendum to the approved plat.

(Ord. 2022-17, passed 7-19-2022)

§ 154.131 SUBDIVISION TYPES.

This subchapter establishes the process for subdividing land to ensure conformity to the standards of this chapter. Subdivision applications will generally be considered favorably by the Plan Commission and Administrator. There are four types of subdivisions: exempt subdivisions, administrative subdivisions, minor subdivisions, and major subdivisions. Subdivisions of all types are permitted in all zoning districts except in the AG Agriculture District where minor subdivisions and major subdivisions are prohibited.

(A) Exempt subdivisions. Exempt subdivisions are one of the following types of land division:

(1) A division of land for the sale or exchange of tracts to correct errors in an existing legal description, provided that no additional lots are created by the division;

(2) A division of land pursuant to an allocation of land in the settlement of a decedent's estate or a court decree for the distribution of property;

(3) A division of land for the acquisition of street right-of-way or easement;

(4) A division of land for the sale or exchange of tracts between adjoining landowners, provided no additional lots are created by the division and the lots meet the minimum standards of the zoning district of the land's location;

(5) A division of land into cemetery plots for the purpose of burial of corpses.

(B) Administrative subdivisions. This process applies to proposed adjustments to property lines when no new lots are created or when parcels are merged. The following situations qualify:

(1) Adjusting lot lines where the resulting lots conform to the standards of this chapter. When the existing lots currently do not conform, the adjustment should not increase nonconformance;

(2) Combining common ownership lots to lessen the total number of buildable lots;

(3) Adjusting lot lines to address issues of property line encroachment or buildings across property boundaries.

(C) Minor subdivisions. A minor subdivision results in four or fewer lots (including the parent parcel) and does not involve the creation of new interior streets, adjustments to design standards, or the creation of common areas.

(D) Major subdivisions. A major subdivision is any subdivision other than an exempt subdivision, administrative subdivision, or a minor subdivision.

(Ord. 2022-17, passed 7-19-2022)

§ 154.132 APPROVAL PROCESS OVERVIEW.

(A) The approval process varies based upon the type of subdivision.

(1) Exempt subdivision. No approval is required for exempt subdivisions.

(2) Administrative subdivision. Approval of an administrative subdivision is a one-step process involving the approval of a secondary plat. The approval or disapproval of an administrative subdivision is delegated to the Administrator.

(3) Minor subdivision. Approval of a minor subdivision is a one-step process involving the approval of a secondary plat. The approval or disapproval of a minor subdivision is delegated to the Administrator. The Plan Commission may approve a waiver allowing the creation of more than four lots if the other requirements for a minor subdivision are met.

(4) Major subdivision. Approval of a major subdivision is a two-step process including the approval of a primary plat and a secondary plat. The approval or disapproval of a primary plat is delegated to the Plan Commission. After a primary plat approval, a property is eligible for secondary plat approval. The approval or disapproval of a secondary plat is delegated to the Administrator.

(B) Appeal. If the applicant does not agree with the approval conditions or disapproval of a subdivision by the Administrator, the applicant may file a petition of appeal to the Plan Commission. Appeals must be filed in writing at least ten days before the next Plan Commission meeting.

(C) Requirement for site plan approval. Primary plat approval will not be granted unless a site plan addressing the entire parent parcel is approved prior to or simultaneously with the primary plat. Secondary plat approval will not be granted unless a detailed site plan is approved prior to or simultaneously with the secondary plat.

(Ord. 2022-17, passed 7-19-2022)

§ 154.133 SKETCH PLAN REVIEW PROCEDURE.

(A) Purpose. The sketch plan review helps minimize development planning costs, avoid misinterpretation, identify required approvals, discuss checkpoint agency and technical reviews, identify the need for modifications or variances, and ensure compliance with the requirements of this chapter.

(B) Application requirements. Sketch plan review is required for major subdivisions and recommended for the other types of subdivisions. The applicant files: (1) an application provided on forms provided by the Department; (2) a sketch plan; (3) all applicable fees; and (4) any supplemental information required by the Administrator.

(C) Review process. The Administrator reviews the application for completeness and sends a copy to the Town Engineer for review. The Administrator may send the application to other members of the Technical Advisory Committee for their review and comment. Within 20 days of the submittal, the Administrator reviews the proposal, assembles comments from the Town Engineer and other reviewers, and meets with the applicant to discuss the proposed subdivision and possible modifications required to comply with the requirements of this chapter.

(Ord. 2022-17, passed 7-19-2022)

§ 154.134 SKETCH PLAN SUBMITTAL REQUIREMENTS.

(A) The sketch plan must include at least the following items:

(1) Location of the property, name of the subdivision, lot, section, township, range and county, graphic scale, north arrow, and date;

(2) Name, address, and telephone number of the owner and the professionals responsible for the design of the subdivision, its public improvements, and surveys. If the application is made by an owner's authorized agent, a consent form signed by the owner and notarized must accompany the application;

(3) Citation of the last instrument conveying title to each parcel of property involved in the proposed subdivision;

(4) Location of property lines drawn at a scale of no more than one inch equals 100 feet, existing easements, pipelines, transmission lines, burial grounds, railroad rights-of-ways, water courses, floodplains, floodway, wetlands and boundaries of wooded areas, and individual trees eight inches or more in diameter within areas to be impacted by site disturbing activities;

(5) Location, width, and names of all existing or platted streets or other public ways within or immediately adjacent to the tract;

(6) Names of adjoining property owners within 600 feet of any perimeter boundary of the subdivision;

(7) Location, sizes, elevations, and slopes of existing sewers, water mains, culverts, and other underground structures within and adjacent to the tract;

(8) Existing permanent buildings and utility poles on or adjacent to the site and utility easements;

(9) Topography at two-foot contour intervals unless otherwise approved by the Administrator;

(10) The approximate location and widths of proposed streets;

(11) The approximate location, dimensions, and areas of proposed lots and parcels proposed to be set aside for parks or other common areas;

(12) Preliminary designs for water, sanitary, and storm water systems.

(B) Supplemental information.

(1) Existing covenants or zoning commitments recorded on the property.

(2) Whenever a sketch plan covers only a part of an applicant's contiguous property, the applicant submits a plan showing the proposed subdivision and the future street and infrastructure layout for the remaining property.

(3) A vicinity map showing streets and other general development of the surrounding area.

(4) A report from Johnson County Soil and Water Conservation District indicating limitations of the soils within the proposed subdivision regarding building development, road construction, drainage, erosion control, or other information to assist in the review of the subdivision.

(5) An area map showing the total drainage area containing the proposed subdivision.

(Ord. 2022-17, passed 7-19-2022)

§ 154.135 PRIMARY PLAT APPROVAL PROCEDURE.

(A) Submission dates. Applications must be filed according to the schedule of meetings and filing deadlines and in the format specified by the Department.

(B) Application requirements. Following the sketch plan review, the applicant files: (1) an application provided on forms provided by the Department; (2) a primary plat; (3) all applicable fees; and (4) supplemental information required by the application or Administrator.

(D) Phasing. A primary plat may include all or only a part of a larger overall development. However, a primary plat must include the entire parent tract being subdivided unless otherwise deemed unnecessary by the Administrator or Plan Commission. This requirement seeks to avoid the creation of remainder parcels not complying with this chapter or inhibiting orderly development.

(E) Placement on the Plan Commission agenda. The Administrator reviews the application for completeness. Applications determined to be in proper form are numbered and docketed for a public hearing by the Plan Commission.

(F) Review of complete applications. The Technical Advisory Committee may review any primary plat prior to the Plan Commission's consideration. The Administrator may submit a written report to the Plan Commission stating facts concerning the characteristics of the area involved in the primary plat, surrounding land uses, public facilities available to service the area, or other pertinent facts. The report may also contain the Administrator's opinions concerning the primary plat proposal and a report from members of the Technical Advisory Committee. A copy of the report is made available to the applicant and the public.

(G) Preliminary drainage approval. Before the public hearing, the applicant is encouraged to obtain preliminary approval from the Storm Water Utility Board. If preliminary drainage approval has not been secured prior to the public hearing, the Plan Commission may condition approval of the plat on obtaining drainage approval from the Storm Water Utility Board.

(H) Public hearing notice. A public hearing by the Plan Commission is required for all primary plats. Notification of the public hearing must comply with the Plan Commission's Rules of Procedure. A certificate of mailing issued by the U.S. Postal Service is evidence notice has been given. A date stamped photograph of the public notice sign at the subject property also constitutes evidence of notice.

(I) Public hearing and Plan Commission action. The Plan Commission will hold the public hearing and review the application and supporting information and act on the application according to this chapter, Indiana law, and the Plan Commission's Rules of Procedure.

(J) Written commitments. The Plan Commission or Administrator may require the applicant to prepare written commitments concerning the primary plat prior to formal action on the application. If written commitments are part of the primary plat approval, they must be recorded in the office of the Johnson County Recorder within 90 days of primary plat approval. A copy of the recorded commitments must be provided to the Department within 30 days of being recorded.

(K) Effect of approval. Approval of a primary plat does not authorize the development, construction, alteration or moving of any structure. The approval allows the filing and processing of applications for approvals, such as a secondary plat, detailed site plan, improvement location permit, building permit, or certificate of occupancy.

(L) Effective period of primary approval. Unless extended, the approval of a primary plat is valid for a period of three years. At the end of this time, primary approval is null and void, and the applicant is required to resubmit a new application beginning with sketch plan review and subject to all the zoning restrictions and subdivision regulations in effect at the time of resubmission. Prior to the expiration of the approval period, the applicant may submit a written request to extend the approval period. The Plan Commission may extend the approval of a primary plat in increments of up to 12 months beyond an expiration date without further notice and public hearing.

(Ord. 2022-17, passed 7-19-2022)

§ 154.136 PRIMARY PLAT SUBMITTAL REQUIREMENTS.

(A) Preparation. The primary plat is prepared by a land surveyor licensed by the State of Indiana at a scale of no more than one inch equals 100 feet and the sheets must be numbered in sequence if more than one sheet.

(B) General. The primary plat includes:

(1) A vicinity map showing the location of the site and surrounding property and streets, the names of adjoining streets, and the names of all adjoining property owners and adjoining developments;

(2) Legal description of the subject property;

(3) The names and addresses of: (a) the owners of the land being subdivided; (b) the applicant if other than the owner; and (c) the consultants involved in the preparation of the plat. If the application is made by someone other than the owner, a consent form signed by the owner and notarized must accompany the application;

(4) Signature, seal, and certification of a land surveyor registered in the State of Indiana;

(5) The date of the plat, approximate true north point, and scale.

(1) Topography in two-foot contour intervals unless otherwise approved by the Administrator;

(2) The location, bearings, and dimensions of all boundary lines of the property to be expressed in feet and tenths of a foot with references to section, township, and range lines or corners;

(3) The location of existing streets, walkways, easements, pipelines, transmission lines, water bodies, streams, and other pertinent features such as swamps, jurisdictional wetlands, flood plains, floodways, railroads, buildings, parks, cemeteries, drainage ditches, bridges, boundaries of wooded areas, and individual trees eight inches or more in diameter within areas to be impacted by site disturbing activities;

(4) Location and size of existing water, storm water, and sanitary sewer systems;

(5) The location and width of all existing rights-of-way;

(6) The locations, dimensions, and areas of all existing lots;

(7) Designated wetland areas;

(8) A soil survey map showing the soil limitations based upon the intended usage of the development land.

(D) Site improvements.

(1) Names of the subdivision and all new streets;

(2) Indication of the use of any lot (single-family, two-family, multifamily, townhouse) and all nonresidential uses proposed by the applicant;

(3) The location and width of proposed streets, alleys, other public ways, rights-of-way, easements, and building setback lines;

(4) Proposed changes in streams, lakes, floodplains, etc.;

(5) Proposed location of surface and subsurface drains;

(6) Proposed location of storm sewers, storm water management facilities, and sanitary sewers. If the Town Council permits a private sewage system, a statement from the County Health Department confirming private septic system can be used on the property;

(7) A statement concerning the location and size or capacity of utilities to be installed;

(8) Building and structures to be removed or relocated;

(9) The locations, dimensions, and areas of all proposed lots;

(10) Building setback line with dimensions;

(11) Legends and notes;

(12) Blocks must be consecutively numbered or lettered in alphabetical order. The blocks in numbered additions to subdivisions bearing the same name must be numbered or lettered consecutively throughout the several additions;

(13) All lots in each block must be consecutively numbered and the area of each lot indicated. Outlots must be lettered in alphabetical order. The location and dimensions of all property proposed set aside for common areas, park, or playground use, or other public or private reservation including conditions of the dedication;

(14) Topography in two-foot contour intervals unless otherwise approved by the Administrator;

(15) Sufficient data acceptable to the Town Engineer determining the location, bearing, and length of all lines and the location of all proposed monuments.

(E) Supplemental information. The Plan Commission, Town Engineer, or Administrator may require the following information:

(1) Landscape plan;

(2) Traffic impact analysis;

(3) Sanitary sewer analysis;

(4) Existing covenants or zoning commitments recorded on the property;

(5) Proposed covenants and restrictions if they are cross-referenced or incorporated on the plat or if they establish or grant rights related to the plat (e.g., easements);

(6) Recorded deed, instrument number, and date recorded;

(7) Additional information necessary to evaluate the proposal.

(Ord. 2022-17, passed 7-19-2022)

§ 154.137 CONSTRUCTION PLAN APPROVAL PROCEDURE.

(A) Submission dates. Construction plan approval occurs after primary plat approval and prior to secondary plat approval. Applications must be filed according to the schedule of meetings and filing deadlines in the format specified by the Department. Applications for construction plan approval may be filed concurrently with applications for secondary plat approval.

(B) Submission procedure and requirements. The applicant files: (1) an application provided on forms provided by the Department; (2) detailed construction plans and specifications; (3) the outside plan review agreement; (4) all applicable fees; and (5) supplemental information required by the Administrator. Plans are submitted in electronic format as specified by the town.

(D) Review of complete applications. The Administrator reviews the application for completeness. Applications determined to be in proper form are docketed for review by the Technical Advisory Committee. The Technical Advisory Committee members review the plans and provide comments on modifications needed for the plans to comply with the requirements of this chapter, written commitments made regarding the property, and any other development requirements. These comments are provided to the Administrator and the applicant and are made available to the public.

(E) Revised plans. The applicant revises the plans as needed and resubmits them to the Administrator. The Administrator determines if the revised plans need to go to any of the Technical Advisory Committee members for review. When the Administrator determines the plans comply with all applicable development standards, the plans and specifications are approved by the Administrator. Construction Plan approval is required prior to starting work on any improvements.

(F) Written commitments. The Administrator may require the applicant to prepare written commitments concerning the construction plans prior to formal action on the application. If written commitments are part of the plan approval, they must be recorded in the office of the Johnson County Recorder within 90 days of plan approval. A copy of the recorded commitments must be provided to the Department within 30 days of being recorded.

(G) Approved plans. After approval of construction plans and before the installation of improvements, a preconstruction meeting is scheduled with the Administrator. Three sets of approved construction plans and specifications are stamped "APPROVED Town of Bargersville." The stamped plans are the only official plans approved for construction.

(Ord. 2022-17, passed 7-19-2022)

§ 154.138 CONSTRUCTION PLAN SUBMITTAL REQUIREMENTS.

Construction plans are drawn at a scale of no more than one inch equals 50 feet unless otherwise approved by the Administrator. The plans show:

(A) Profiles showing existing and proposed elevations along centerlines of all streets at 50-foot intervals including low points. Exact radii of all curves, lengths of tangents, and central angles of all streets;

(B) Where steep slopes exist, the Administrator may require cross-sections of all proposed streets at 100-foot stations;

(C) Plans and profiles showing the locations and typical cross-section of street pavements including curbs and gutters, sidewalks, drainage facilities and easements, rights-of-way, manholes, and catch basins; the locations of street trees, street lighting standards, and street and traffic signage; the location, size, and invert elevations of existing and proposed sanitary sewers, storm water drains, and fire hydrants, showing connection to any existing or proposed utility systems; and exact location and size of all water, gas, or other underground utilities or structures;

(D) Location, size elevation, and other appropriate description of any existing facilities or utilities including existing streets, sewers, drains, water mains, easements, water bodies, streams, wetlands, flood plains, and other pertinent features such as railroads, buildings, or features noted on the Official Map or Comprehensive Plan, at the point of connection to proposed facilities and utilities within the subdivision, and each tree with a diameter of eight inches or more within areas of land disturbing activity;

(E) The water elevations of adjoining lakes or streams at the date of the survey, and the approximate high and low water elevations of such lakes or streams. All elevations are referred to the United States Coast and Geodetic Survey datum plane. If the subdivision borders a lake, river or stream, the distances and bearings of a meander line established at least 20 feet back from the ordinary high-water mark of such waterways;

(F) Topography in one-foot contour intervals unless otherwise approved by the Administrator. All data provided is the latest applicable United States Coast and Geodetic Survey data;

(G) All specifications and references required by the town's construction standards and specifications, including a site grading plan for the entire subdivision;

(H) Title, name, address, and signature of the professional engineer and/or surveyor, and date, including revision dates.

(Ord. 2022-17, passed 7-19-2022)

§ 154.139 SECONDARY PLAT APPROVAL PROCEDURE.

(A) Submission dates. Secondary plat approval occurs after approval of the primary plat and construction plans. Applications must be filed according to the schedule of meetings and filing deadlines in the format specified by the Department. Applications for secondary plat approval and construction plan approval may be filed concurrently. Secondary plat applications may be submitted within the time provided for appeal under I.C. 36-7-4-708. However, approval of a secondary plat will not be granted until 30 days after the approval of a primary plat.

(B) Submission procedure and requirements. The applicant files: (1) an application provided on forms provided by the Department; (2) a secondary plat; (3) all applicable fees; and (4) supplemental information required by the Administrator. Plans may also be submitted in an electronic format acceptable to the town.

(D) Review of complete applications. The Administrator reviews the application for completeness. The Technical Advisory Committee may review any secondary plat prior to approval. The Administrator reviews the secondary plat and notifies the applicant in writing of revisions or changes needed for approval.

(E) Approval. The applicant revises the secondary plat as needed and resubmits it to the Administrator. The Administrator determines if the revised plat needs reviewed by any of the Technical Advisory Committee members. When the Administrator determines the plat complies with the requirements of this chapter, the plat is approved by the Administrator.

(F) Effect of approval. Approval of a secondary plat does not authorize the development, construction, alteration or moving of any structure. The approval allows the filing and processing of applications for permits including an improvement location permit, building permit, and a certificate of occupancy.

(G) Signing of plat. Unless otherwise approved by the Administrator, a secondary plat will not be signed until: (i) streets, curbs, gutters, sanitary sewers, fire hydrants, storm sewers and like infrastructure are constructed per the town's construction standards, and maintenance sureties for public improvements are secured according to this chapter; or (ii) performance sureties are secured assuring the installation of public improvements (see § 154.161).

(H) Recording of secondary plat. No secondary plat or amendment of a subdivision will be recorded until the plat is approved and signed according to this chapter. Upon approval, the applicant must record the signed secondary plat within 90 days of plat approval. The applicant must record the plat, covenants, and any applicable homeowner association documents in the Office of the Recorder of Johnson County, Indiana, within 30 days of receiving the fully signed plat. The applicant must provide electronic copies of the recorded plat and associated documents to the Department within 30 days of being recorded.

(Ord. 2022-17, passed 7-19-2022)

§ 154.140 SECONDARY PLAT SUBMITTAL REQUIREMENTS.

(A) Preparation. The secondary plat is prepared by a land surveyor licensed by the State of Indiana at a scale of no more than one inch equals 50 feet. A scale of one inch equals 100 feet may be used to make the drawing no larger than 18 inches by 23 inches so the plat may be inserted in the plat books of the County Recorder without folding.

(B) General. The secondary plat includes:

(1) Proposed name of the subdivision;

(2) Names and addresses of the owners and consultants involved in the preparation of the plat;

(3) Title, scale, north arrow, and date;

(4) Accurate boundary lines, with dimensions and angles, to provide a survey of the tract;

(5) Accurate distances and direction to the nearest established street corners or official monuments. Reference corners must be accurately described on the plan;

(6) Accurate locations and names of all existing and recorded streets intersecting the boundaries of the tract;

(7) Accurate metes and bounds description of the boundary;

(8) Source of title to the land to be subdivided as shown by the books of the Office of the Recorder of Johnson County, Indiana;

(9) Complete curve notes for all curves included in the plan;

(10) Street lines and street names with accurate dimensions in feet and hundredths of feet, with angles to street and lot lines;

(11) Lot and block numbers and dimensions;

(12) Accurate locations and limitations of easements;

(13) Accurate dimensions for any property to be dedicated or reserved for public, semi-public, or community use;

(14) Building setback lines and dimensions;

(15) Building pad elevations. For building pads near flood hazard areas, the Flood Protection Grade elevations for buildings;

(16) Location, type, material, and size of all monuments and lot markers;

(17) Plat certificates and deeds of dedication, as set forth in§ 154.163;

(18) Notation of any self-imposed restrictions and locations proposed building lines if required by the Plan Commission, according to this chapter;

(19) Monuments erected or to be erected, corner, and other points are noted by representation or by legend; metal monuments must indicate type of metal, and diameter, length, and weight per lineal foot of the monuments;

(20) Contain a statement to the effect that the Town Council, Plan Commission, or Board of Zoning Appeals may enforce subdivision covenants concerning public easements (e.g., drainage and utility easements).

(1) A financial surety for public improvements according to this chapter;

(2) A copy of the covenants and restrictions if they are cross-referenced or incorporated on the plat or if they establish or grant rights related to the plat (e.g., easements).

(Ord. 2022-17, passed 7-19-2022)

§ 154.141 AS-BUILT DRAWINGS SUBMITTAL REQUIREMENTS.

(A) Preparation. After improvements installed on a site are approved by the town, as-built drawings must be prepared and certified by a surveyor or engineer licensed by the State of Indiana. The applicant provides one PDF digital copy, one CAD digital copy (.dwg format version 2004 or higher) or other file type compatible with the town's GIS software, one mylar copy, and one hard copy set of as-built drawings in accordance with these standards. The names for the files should allow someone unfamiliar with the consulting firms naming conventions to determine the content of the file. The .dwg files must use the NAD83, Indiana State Plane Coordinate System, East Zone projection using U.S. Survey feet. The vertical datum for the files must be NAVD 88. All pertinent drawing elements must reside in the primary drawing file. There cannot be any cells, nodes, blocks, or reference files (x-refs) attached to the drawing.

(B) As-built plan contents. As-built plans must contain:

(1) Grades for the following locations:

(a) Major drainage swales and percent of slope;

(b) Lot corner and grade brakes;

(d) Street grades along the centerline and curb (maximum 50-foot spacing);

(e) Street sag and crest points;

(f) Paved swales, if any, at 50-foot intervals;

(g) Lakes or ponds at the top of bank, normal pool, safety ledge, bottom, and spillway;

(h) Locations of sidewalk ramps.

(2) Sanitary sewer system plans and profiles, including:

(a) Invert elevations and percent of slope;

(b) Top of casting elevations;

(d) Locations of each manhole or structure;

(e) Designate any material changes from approved construction plans. Where plans show alternates, indicate the alternate constructed.

(3) Storm sewer plans and profiles, including:

(a) Invert elevations and percent of slope;

(b) Top of casting elevations;

(d) Designate any material change from design plans. Where plans show alternates, indicate the alternate constructed.

(4) Street plans and profiles, including:

(a) Grades;

(b) All low and high points;

(d) Any deviation of alignment;

(e) Grades and dimensions on accel and decel lanes, if applicable.

(Ord. 2022-17, passed 7-19-2022)

§ 154.142 COMMERCIAL AND INDUSTRIAL SUBDIVISIONS.

(A) Review. It is recognized that commercial and industrial subdivisions face unique problems of lot design not normally encountered in residential subdivisions. For this reason, the initial emphasis when reviewing non-residential subdivisions is on the street layout, block arrangement, and infrastructure design.

(B) Process. The initial secondary plat is expected to show the street and block layout. Then, as prospective buyers express interest in lots sized to their required specifications, the applicant submits for approval to amend the recorded secondary plat. Approval of the re-plat follows the procedural requirements for a secondary plat. Improvements built following an approved set of construction plans associated with a previously approved secondary plat do not have to be rebuilt if changes in design standards and specifications have been adopted by the town.

(Ord. 2022-17, passed 7-19-2022)

§ 154.143 RE-SUBDIVISION OF LAND.

Any change affecting the street layout, area reserved for public use, or a lot line of an approved secondary plat must be approved by the Plan Commission as a major subdivision unless the proposed change qualifies as an exempt subdivision, administrative subdivision, or minor subdivision. The Administrator may refer any case to the Plan Commission for review and approval.

(Ord. 2022-17, passed 7-19-2022)

§ 154.144 VACATION OF PLATS.

The procedure to vacate a recorded secondary plat follows the requirements of Indiana Code (see I.C. 36-7-4-711). The vacation of a secondary plat cannot be used to vacate rights-of-way or easements. Rights-of-way are vacated following the requirements of I.C. 36-7-3-12. Easements are vacated following the requirements of I.C. 36-7-3-16.

(Ord. 2022-17, passed 7-19-2022)

§ 154.145 MODIFICATIONS.

(A) General. The Plan Commission or Town Council may approve modifications if they do not conflict with the intent and purpose of this subchapter.

(B) Authority.

(1) Town Council. The Town Council may modify or waive construction and utility standards.

(2) Plan Commission. The Plan Commission may modify or waive submittal requirements or subdivision standards in this subchapter.

(3) Board of Zoning Appeals. Plats must meet all applicable standards prescribed in this chapter unless the Board of Zoning Appeals grants a development standards variance (see § 154.180).

(1) The applicant submits a written petition for modification with the primary plat application. The petition must clearly state the conditions requiring the modification and provide proposed findings of fact for the approval.

(2) If modifications are required for exempt, administrative, or minor subdivisions, the modification must be approved by Plan Commission prior to approval of the subdivision. If modifications require Town Council approval, the modification must be approved by the Town Council prior to subdivision approval.

(D) Decision criteria. When evaluating petitions for modifications, the Plan Commission or Town Council considers whether:

(1) The proposed modification results in a development that enhances the use or value of area properties;

(2) The proposed modification is not injurious to the public safety, health, or welfare;

(3) The strict application of the ordinance standard results in a development less desirable when compared to the proposed development;

(4) The proposed development is consistent and compatible with other development located in the area; and

(5) The modification is consistent with the purpose and intent of the Comprehensive Plan and this subchapter.

(E) Conditional approval. In approving a modification, the Plan Commission or Town Council may require conditions to comply with requirements of this subchapter. The Plan Commission or Town Council may require written commitments to be recorded in the Johnson County Recorder's Office. A copy of the recorded written commitments must be provided to the Administrator before any future approvals for the project will be granted.

(Ord. 2022-17, passed 7-19-2022)

§ 154.146 DESIGN PRINCIPLES AND STANDARDS.

(A) Conformance. When reviewing plat applications, the Plan Commission or Administrator, as applicable, determines if the plat conforms to the principles and standards required in this subchapter.

(B) Natural design. When subdividing land, regard must be shown for natural features such as wooded areas, watercourses, historic sites, or similar conditions which, if preserved, add attractiveness and value to the proposed development.

(C) Environmental protection. Consideration is given to preventing air and stream pollution, proper treatment and disposal of refuse and other waste, and the elimination of other blighting characteristics.

(D) Sanitary sewers and public water supply. Subdivisions are required to have public sanitary sewers and public water supply. Only the Town Council is authorized to waive this requirement.

(E) Layout. The subdivision layout cannot be injurious to the health, safety or welfare of the community.

(F) Improvement location permits, site plans, and subdivisions must conform to the principles and standards established by this chapter.

(G) All site plans and subdivisions must conform to the Town of Bargersville Construction Standards and Specifications ("Construction Standards"), see § 154.200.

(H) The applicant is responsible for installing all required public improvements at the applicant's expense without reimbursement, unless otherwise agreed upon in writing by the Town Council. The applicant is required to maintain all public improvements and provide for snow removal on streets and sidewalks until the public improvements are accepted by the town.

(Ord. 2022-17, passed 7-19-2022)

§ 154.147 RESIDENTIAL ARCHITECTURAL STANDARDS.

(A) Architectural standards for small-scale residential dwellings.

(1) General provisions. The purpose of these design standards ensures quality construction for developments and create variation and interest in the built environment. These standards apply to all residential buildings containing one to four dwelling units located on a parcel or within a subdivision containing five or more dwelling units.

(a) Front facades, street side facades, and rear facades of residential buildings must be articulated to avoid flat building facades. These variations in the fagade plane may be achieved through:

1. Projections or recessions created by (a) one offset at least four feet deep and a minimum height equivalent of one story or (b) two offsets at least two feet deep and a minimum height equivalent of one story;

2. Front-load garage doors recessed at least two feet behind the front facade of the building or four feet behind the posts of the front porch;

3. A covered porch at least 40 square feet in area on the front facade or street side facade;

4. A sunroom or screened porch at least 64 square feet in area on the street side facade or rear facade;

5. An exterior fireplace chase extending at least 18 inches from the building facade, finished in masonry material, and extending above the roofline;

6. A bay window projecting at least 12 inches from the wall;

7. A second-floor cantilever projecting at least 12 inches over the first floor for at least 30% of the length of the building facade;

8. A covered patio or covered porch, as a projection or recession, at least 120 square feet in area.

(b) At least three exterior color, materials, or patterns must be used on each building facade. A well-chosen selection of contrasting trim and accent colors can draw attention to architectural details. Care should be taken in selecting a color palette that accents the building's architecture while being harmonious in the context of the surrounding neighborhood.

(2) Architectural diversity standards along streetscapes.

(a) To improve the architectural diversity along a streetscape, homes of the same elevation and color scheme are not permitted next to or directly across the street from each other. Additionally, the home color scheme may not be repeated for two homes on either side of the subject home and the five homes directly across the street from the subject home. Figure 6-1 illustrates this requirement.

1. Lots indicated with the number one must use a different elevation and color scheme than the subject property, however, they may use the same trim color as the subject property.

2. Lots indicated with the number two must use a different color scheme than the subject property, however, they may use the same trim color and brick or stone color as the subject property. These lots may use the same building elevation as the subject property.

3. Lots indicated with the number three may use the same elevation and color scheme as the subject property.

(b) In determining if a building elevation meets these standards, the reviewer evaluates differentiation in the colors of the (1) siding; (2) siding accents; (3) trim; (4) front door; (5) shutters; and (6) brick or stone.

(3) Perimeter lot enhancements. These standards are intended to improve the appearance at the interface between new residential developments and existing perimeter streets. Long, straight lines of homes, berming, or landscaping parallel to perimeter streets is discouraged. Homes facing the perimeter street and variation in the distance between homes and perimeter streets is encouraged.

(c) For purposes of this section, a perimeter lot includes lots abutting a perimeter street or a common area abutting a perimeter street. If a lot abutting a common area is not within the viewshed from the perimeter street, then the perimeter lot standards do not apply.

(d) Homes of the same elevation and color scheme are not permitted next to each other. Additionally, the home color scheme may not be repeated for two homes on either side of the subject home. In Figure 6-1, the homes located on the same side of the street as the subject lot illustrate this requirement.

(4) Corner lot enhancements. Corner lot side facades adjacent to the street must have similar architectural design and detailing as the front facade. Additionally, landscape plantings of at least one shade tree, one ornamental or evergreen tree, and five shrubs may be installed in lieu of the architectural detailing.

(B) Architectural standards for non-residential uses in residential districts. All nonresidential uses in a residential district must comply with the following:

(1) To ensure compatibility of nonresidential uses with surrounding residential uses in residential districts, all nonresidential uses must use exterior building materials, roof line treatments and roofing materials compatible and consistent with the residential character and building materials of the surrounding residential area.

(2) Loading spaces or loading docks must not face a street.

(3) Loading spaces or loading docks facing a side or rear lot line of an adjoining residential district must be screened from view from the residential district (see § 154.110(H)).

(C) Architectural standards for multi-family dwellings. All new multi-family buildings containing five or more dwellings must comply with the following:

(1) Design detailing must continue completely around the building consistent with the intended architectural style. Detailing elements include, but are not limited to, number and style of windows, window placement, trim detailing, roof design, and exterior materials.

(2) Permitted exterior materials include Exterior Insulation and Finish System (EIFS), synthetic stucco, masonry materials, wood, fiber cement siding, and polymeric cladding. Aluminum and vinyl siding are prohibited.

(3) At least 75% of each building facade, excluding windows and doors, must be masonry materials or fiber cement siding.

(4) Each building facade must utilize at least two different exterior building materials (excluding window, door, and roofing materials), colors, or patterns.

(5) Windows: A building facade must incorporate a minimum of one window (a minimum of 15 square feet) per dwelling unit located along the building fagade. Required windows may be located anywhere on the building facade, as architecturally appropriate. All windows must have shutters matching the size of the window or casing at least three inches in width. Windows in a building facade of a masonry material must have a casing or sill of natural or masonry material. Windows in a building facade of a non-masonry material must be trimmed to match the architectural style of the building.

(6) Roof design.

(a) The roof pitch of the main roof must be at least 6:12. Elements such as porches, bays, walkways, may have a lower roof pitch. Lower roof pitches may occur on rear elevations if concealed by side roof elements.

(b) The roof overhangs must be at least 11 inches, as measured prior to the installation of masonry materials.

(c) The roof form and pitch design of a building must include, where appropriate, varied pitches and ridge levels according to the intended architectural style of the building and the building facade projections.

(7) Streetscape diversity.

(a) Building elevations of similar floor plans must have variety in style, massing, use of materials, and detailing of elements. The same elevation may occur as buildings are grouped together if each building plan has a minimum of two different elevation styles.

(b) If more than one building is proposed, then the building(s) must be located so no more than two buildings are in a straight, unbroken line. An unbroken line includes an offset in the building setback at least one-third the height of the adjacent building.

(D) The Plan Commission may adjust or waive the above requirements to allow a cohesive design consistent with the architectural style of the building and the intent of these regulations.

(Ord. 2022-17, passed 7-19-2022)

§ 154.148 BUSINESS AND MIXED-USE ARCHITECTURAL STANDARDS.

All new nonresidential buildings or additions located within a business district must comply with the following:

(A) Buildings and structures within a single development should have complementary architectural themes.

(B) All roof or ground mounted mechanical equipment must be completely enclosed. Ground-mounted enclosures must be landscaped on all sides not facing the building being served according to § 154.110(H).

(1) One hundred percent masonry materials, excluding window, door, roofing, fascia, and soffit materials; or

(2) Incorporate two or more building materials, excluding window, display window, door, and roofing materials, provided 60% of the building facade is masonry materials.

(3) For all other building facades, up to 25% of the facade, exclusive of windows (including faux windows and glazing), doors and loading berths, may be covered with metal, fiber cement siding, polymeric cladding, EIFS, stucco, or vinyl exterior building materials.

(4) The exterior building material selection for all building facades must be further enhanced with: (i) the use of multiple colors, multiple textures (e.g., rough, smooth, striated, etc.); or (ii) the addition of architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.).

(5) Loading spaces, loading docks, or oversized service doors are prohibited on building facades facing public streets. However, if all building facades are determined to be facing public streets, then loading spaces, loading docks, or oversized service doors may be permitted on the facade least visible from a public street if screened according to § 154.110(H).

(D) All building facades visible from an adjacent lot or street must be constructed with the same building material quality and level of architectural detail on all building facades (e.g., 360-degree architecture).

(E) All building facades must have a defined base or foundation, a middle or modulated wall, and a top formed by a pitched roof or articulated, cornice or molding. Building facades 90 feet or greater in length must have offsets at intervals no greater than 60 feet apart. Buildings less than 10,000 square feet in gross floor area must have offsets at no more than 40-foot intervals. Offsets can project or recess. They must extend the entire vertical plane of the building facade. The offset must be at least four feet in depth and at least 20% of the overall building facade length. Architectural elements (e.g., arcades, columns, piers, etc.) meeting the offset requirements may be used to fulfill this requirement.

(F) Gutters and downspouts must be visually integrated with the architectural style of the structure. The color of gutters and downspouts should complement or be consistent with the building materials.

(G) Pitched roof designs must have a main roof with a minimum 5:12 pitch, contain three or more roof slope planes, and be covered with high quality roofing materials such as natural clay tiles, slate, concrete tiles (with natural texture and color), high quality standing seam metal roofing, wood shakes or shingles (with adequate fire protection), three-dimensional asphalt or fiberglass shingles.

(H) Metal roofs must have a low-gloss finish to reduce glare.

(I) Flat roof designs must be edged by a parapet wall with an articulated, three-dimensional cornice or molding. Parapet walls must be fully integrated into the building's architectural design to create seamless transitions between the main building mass and roof-mounted architectural elements. Modulation or variation of the roofs and/or roof lines is required to eliminate the appearance of box-shaped buildings. Flat roofs are prohibited for one-story buildings unless otherwise approved by the Plan Commission after consideration of the building architecture, context, and sensitivity to the character of the area.

(J) All visible vents, attic ventilators, turbines, flues, and other visible roof penetrations must be painted to match the color of the roof or flat black; and oriented to minimize their visibility from adjacent lots and streets.

(K) Building entrances must be clearly defined and articulated by multiple architectural elements such as lintels, pediments, pilasters, columns, awnings, porticos, and other design elements appropriate to the architectural style and details of the building. The location, orientation, proportion, and style of doors must complement the style of the building.

(L) Window designs must be compatible with the style, materials, color, details, and proportion of the building. The number of window panes, the number of window openings, window trim and other design elements to accent the windows must be consistent and complementary to the architectural style of the building.

(M) Window trim and other design elements to accent the windows are required for all windows. Acceptable design elements include shutters, keystones, masonry arches, awnings, decorative stone frames, masonry rowlock frames, or other trim or design elements as approved by the Plan Commission or Administrator.

(N) Fixed or retractable awnings are permitted if they complement the building's architectural style, material, colors, and details. Awnings must be made of a nonreflective material kept in good repair. Awnings used to comply with the architectural design requirements of this chapter cannot be removed unless the building facade otherwise complies with the architectural design requirements without the awnings.

(O) The support structures for gasoline service station canopies must be wrapped in material(s) complementing the principal building and the canopy roof materials must match the color and texture of the principal building. To reduce the visual impact of the canopy, the clearance between the underside of the canopy and ground cannot exceed 16 feet and the canopy facia cannot be more than 30 feet wide.

(P) The Plan Commission may adjust or waive the above requirements to allow a cohesive design consistent with the architectural style of the building and the intent of these regulations.

(Ord. 2022-17, passed 7-19-2022)

§ 154.149 INDUSTRIAL ARCHITECTURAL STANDARDS.

All new nonresidential buildings or building additions located within an industrial district must comply with the following:

(A) Buildings and structures within a single development should have complementary architectural themes.

(B) All roof or ground mounted mechanical equipment must be completely enclosed. Ground-mounted enclosures must be landscaped on all sides not facing the building served according to § 154.110(H).

(C) Each building facade visible from a street or oriented to an adjoining residential district, must have at least 60% masonry materials on the building facade (exclusive of window and doors).

(D) Building facades 90 feet or greater in length, must have offsets at intervals no greater than 60 feet apart. Offsets can project or recess. They must extend the entire vertical plane of the building facade. The offset must be at least 12 inches in depth and be at least 20% of the overall building facade length. Architectural elements (e.g., arcades, columns, pilasters, etc.) meeting the offset requirements may be used to fulfill this requirement.

(E) Loading spaces, loading docks or oversized service doors are prohibited on a facade visible from a public street.

(F) If materials other than masonry materials are used on any building facade, then the building facade must be enhanced with: (i) the use of multiple colors and textures (e.g., rough, smooth, striated, etc.); or (ii) the addition of architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.).

(G) The Plan Commission may adjust or waive the above requirements to allow a cohesive design consistent with the architectural style of the building and the intent of these regulations.

(Ord. 2022-17, passed 7-19-2022)

§ 154.150 BLOCK STANDARDS.

(A) Dimensions. Block length and width within bounding streets must be sufficient to accommodate the lot sizes required by the zoning district and to provide convenient access, circulation, and safety of vehicular and pedestrian traffic.

(B) Length. The maximum block length is 800 feet. This requirement does not apply to blocks containing lots abutting the boundary lines of the parent track of a subdivision. In granting modifications to allow blocks longer than 800 feet, the Plan Commission may require crosswalks and traffic calming measures where useful to facilitate pedestrian circulation.

(C) Depth. Residential blocks must have sufficient depth to accommodate two tiers of lots, except where reverse frontage lots bordering on a freeway, arterial street or floodplain are used.

(D) Shape. Blocks should fit easily into the overall design of the subdivision and their design must reflect consideration of lot layout, configuration, traffic flow, and public areas.

(Ord. 2022-17, passed 7-19-2022)

§ 154.151 DRAINAGE STANDARDS.

A drainage system is required for proper drainage of new developments. The system must be designed and constructed per § 154.300.

(Ord. 2022-17, passed 7-19-2022)

§ 154.152 EASEMENT STANDARDS,

This section applies to all development.

(A) Drainage and utility easements. All developments submitted for approval must allocate areas for drainage and utility easements. All easements and corresponding utility location plans must be complete and approved prior to the final approval of any plan. When located between lots, easements should be centered on the lot line so each lot is encumbered by half the easement width, unless otherwise approved by the Administrator or the appropriate utility provider. Before determining the location of easements, the plan must be discussed with the local public utility companies to assure proper placement and installation of such services. No improvements (e.g., accessory buildings, buildings, driveways, fences, retaining walls, structures) are permitted within a drainage and utility easement, unless otherwise granted an encroachment permit.

(B) Surface drainage. If any stream or necessary surface drainage course is within the development area, an easement is established along all sides of the drainage course according to the County Surveyor or Indiana law if a regulated drain, or 20 feet per side (measured from the top of bank) if not a regulated drain. The easement is for widening, deepening, sloping, improving, or protecting the stream or surface drainage course.

(C) Easement instrument specifications. Where an easement is required by this chapter but the standards for the easement type are not specified, or an easement is required per a commitment or condition of approval, then the property owner ("grantor") must execute the easement instrument in favor of the appropriate party or entity ("grantee"). The instrument must:

(1) Specify the docket numbers of the complete applications of the associated with the easement;

(2) Specify the activities the grantee is authorized to perform in the easement;

(3) Specify the activities the grantor is prohibited from performing in the easement;

(4) Be binding on all heirs, successors, and assigns to the property where the easement is located;

(5) Be enforceable by the grantee and the town;

(6) Specify other specially affected persons and classes of specially affected persons entitled to enforce the easement;

(7) Provide for modification in the manner stipulated in this chapter;

(8) Be cross-referenced to the most recently recorded deed to the property where the easement is to be established;

(9) Include a metes and bounds description of the easement;

(10) Be signed by an authorized representative of the property owner of record granting the easement and by an authorized representative of the grantee accepting the easement.

(D) Easement certificate.

(1) When a secondary plat is being recorded, the applicant may print an easement certificate on the secondary plat, the content of which has been approved by the Administrator or Town Council.

(2) If a declaration of covenants, conditions, and restrictions is included or cross-referenced on the secondary plat, an easement certificate must be clearly separate from, and not incorporated into, the declaration of covenants, conditions, and restrictions.

(E) Cross-access easements.

(1) Easement instrument specifications. When required by this chapter, each property owner ("grantor") must execute a cross-access easement instrument in favor of the adjoining property owner ("grantee"). The instrument must:

(a) Specify the docket numbers of the complete applications and/or the project numbers of the permits associated with the easement;

(b) Grant the public the right to utilize the easement for purposes of accessing adjoining parking facilities;

(d) Prohibit any person from placing any obstruction within the easement;

(e) Be binding on all heirs, successors, and assigns to the properties where the easement is located;

(f) Be enforceable by each party to the easement and by the town;

(g) Specify any other specially affected persons and classes of specially affected persons that are entitled to enforce the easement;

(h) Provide for modification or termination in the manner stipulated in this subchapter;

(i) Be cross-referenced to the most recently recorded deeds to the properties where the easement is to be established;

(j) Include a metes and bounds description of the easement;

(k) Be signed by an authorized representative of each property owner granting the easement and by an authorized representative of each property owner accepting the easement.

(2) Cross-access easement certificate. When a secondary plat is being recorded, the applicant may print the following cross-access easement certificate on the plat: "There are shown on this instrument areas designated as 'Cross-Access Easement' or abbreviated as 'C-A.E.' Such easements are established in favor of the adjoining property owner ('grantee') and grant the public the right to enter the easement for purposes of accessing adjoining parking facilities. These easements prohibit any person from parking vehicles within the easement and prohibit the property owners or any other person from placing any obstruction within the easement. These easements are binding on all heirs, successors, and assigns to the property where they are located. The grantee or the town may enforce the provisions of the easement. [ ] is also entitled to enforce the provisions of the easement. The easement may only be modified or vacated in the manner stipulated in the Bargersville Development Code, or its successor ordinance."

(a) The dedication and acceptance of easements shown on a recordable instrument must be accomplished via a certificate of dedication signed by the property owner, and a certificate of acceptance signed by the grantee or its agent.

(b) If a declaration of covenants, conditions, and restrictions is included on the secondary plat, then the cross-access easement certificate be clearly separate from, and not incorporated into, the declaration of covenants, conditions, and restrictions.

(F) Private street easements.

(1) Easement instrument specification. When required by this chapter, the property owner ("grantor") must execute a private street easement instrument in favor of the owner of the lot ("grantee") to which the private street provides access. The instrument must:

(a) Specify the docket numbers of the complete applications and/or the project numbers of the permits associated with the easement;

(b) Grant the grantee the right to access the easement to access their lot;

(c) Specify the grantee's financial responsibilities with respect to the alteration, repair, maintenance, and removal of the improvements;

(d) Prohibit any person from placing any obstruction within the easement;

(e) Require the private street be built to the standards of the town;

(f) Be binding on all heirs, successors, and assigns to the property where the easement is located;

(g) Be enforceable by the grantee and the town;

(h) Specify other specially affected persons and classes of specially affected persons entitled to enforce the easement;

(i) Provide for modification or termination in the manner stipulated in this subchapter;

(j) Be cross-referenced to the most recently recorded deeds to the properties where the easement is to be established;

(k) Include a metes and bounds description of the easement;

(l) Be signed by an authorized representative of each property owner granting the easement and by an authorized representative of each property owner accepting the easement;

(m) Include the following language: "The property owner expressly covenants and warrants on behalf of itself and all future owners of lots within this subdivision, because the streets are private, that all maintenance, repairs and replacement now and forever must be undertaken at the expense of the lot owners according to the terms and conditions set forth in the owners association bylaws and articles. No governmental entity has any duty or responsibility to maintain, repair or replace any private street."

(2) Private street easement certificate.

(a) When a secondary plat is being recorded, the applicant may print the following easement certificate on the plat: "There are shown on this instrument areas designated as 'Private Street Easement' or abbreviated as 'P.S.E.' Such easements are hereby established in favor of the adjoining property owners ('grantee') and grant the grantee the right to enter the easement for purposes of accessing their lot. These easements prohibit the property owners or any other person from placing any obstruction within the easement. These easements are binding on all heirs, successors, and assigns to the property where they are located. The grantee or the town may enforce the provisions of the easement. [ ] is also entitled to enforce the provisions of the easement. The easement may only be modified or vacated in the manner stipulated in the Bargersville Development Code, or its successor ordinance."

(b) In addition, the secondary plat must include the following language: "The subdivider expressly covenants and warrants on behalf of itself and all future owners of lots within this subdivision that because the streets are private all maintenance, repairs and replacement now and forever must be undertaken at the expense of the lot owners according to the terms and conditions set forth in the owners association bylaws and articles. The subdivider, and their successors and assignees, hereby waive all rights to petition a governmental entity to be responsible for the maintenance and ownership of such private streets. No governmental entity has any duty or responsibility to maintain, repair or replace any private street."

(c) The dedication and acceptance of easements shown on a recordable instrument must be accomplished via a certificate of dedication signed by the property owner, and a certificate of acceptance signed by the grantee or its agent.

(d) If a declaration of covenants, conditions, and restrictions is included on the secondary plat, then the private street easement certificate must be clearly separate from, and not incorporated into, the declaration of covenants, conditions, and restrictions.

(G) Shared driveway easements.

(1) Easement instrument specifications. When required by this chapter, each property owner ("grantor") must execute a shared driveway easement instrument in favor of the adjoining property owner ("grantee"). The instrument must:

(a) Specify the docket numbers of the complete applications and/or the project numbers of the permits associated with the easement;

(b) Grant the adjoining property owners the right to access the easement to maneuver vehicles;

(c) Specify the adjoining property owners' financial responsibilities with respect to the alteration, repair, maintenance, and removal of the improvements;

(d) Prohibit any person from placing any obstruction within the easement;

(e) Be binding on all heirs, successors, and assigns to the properties where the easement is located;

(f) Be enforceable by the parties to the easement and the town;

(g) Specify other specially affected persons and classes of specially affected persons entitled to enforce the easement;

(h) Provide for modification or termination in the manner stipulated in this subchapter;

(i) Be cross-referenced to the most recently recorded deeds to the properties where the easement is to be established;

(j) Include a metes and bounds description of the easement;

(k) Be signed by an authorized representative of each property owner of record granting the easement and by an authorized representative of each property owner accepting the easement.

(2) Shared driveway easement certificate.

(a) When a secondary plat is being recorded, the applicant may print the following shared driveway easement certification the plan: "There are shown on this instrument areas designated as 'Shared Driveway Easement' or abbreviated as 'S.D.E.' Such easements are hereby established in favor of the adjoining property owners ('grantee') and grant the grantee the right to enter the easement for purposes of maneuvering vehicles. The easement prohibits the property owners or any other person from placing any obstruction within the easement. These easements are binding on all heirs, successors, and assigns to the property where they are located. The grantee or the town may enforce the provisions of the easement. [ ] is also entitled to enforce the provisions of the easement. The easement may only be modified or vacated in the manner stipulated in the Bargersville Development Code, or its successor ordinance."

(b) The dedication and acceptance of easements shown on a recordable instrument must be accomplished via a certificate of dedication signed by the property owner, and a certificate of acceptance signed by the grantee or its agent.

(c) If a declaration of covenants, conditions, and restrictions is included on the secondary plat, then the shared driveway easement certificate must be clearly separate from, and not incorporated into, the declaration of covenants, conditions, and restrictions.

(H) Subdivision sign easements.

(1) Easement instrument specification. When required by this chapter, the property owner ("grantor") must execute a subdivision sign easement instrument in favor of the subdivision's homeowners' association ("grantee"). The instrument must:

(a) Specify the docket numbers of the complete applications and/or the project numbers of the permits associated with the easement;

(b) Grant the grantee the right to alter, repair, maintain, or remove the improvements;

(c) Prohibit any person from placing any obstruction in front of, altering, removing, or otherwise impairing the improvements within the easement;

(d) Be binding on all heirs, successors, and assigns to the property where the easement is located;

(e) Be enforceable by the grantee and the town;

(f) Specify other specially affected persons and classes of specially affected persons entitled to enforce the easement;

(g) Provide for modification or termination of the easement in the manner stipulated in this chapter;

(h) Be cross-referenced to the most recently recorded deed to the property where the easement is to be established;

(i) Include a metes and bounds description of the easement;

(j) Be signed by an authorized representative of the property owner granting the easement and by an authorized representative of the grantee accepting the easement;

(2) Conflict. Subdivision sign easements must be exclusive of drainage and utility easements. Improvements within such an easement must comply with § 154.099.

(3) Subdivision sign easement certificate.

(a) When a secondary plat is being recorded, the applicant may print the following subdivision sign easement certificate on the plat: "There are shown on this instrument areas designated as 'Subdivision Sign Easement' or abbreviated as [' ']. Such easements are hereby established in favor of the [ ] Homeowners' Association ('grantee') and grant the grantee the right to enter the easement for purposes of altering, repairing, maintaining, or removing the improvements. These easements prohibit the property owner or any other person from placing any obstruction in front of, altering, removing, or otherwise impairing the improvements within the easement. These easements are binding on all heirs, successors, and assigns to the property where they are located. The grantee or the Town may enforce the provisions of the easement. [ ] is also entitled to enforce the provisions of the easement. The easement may only be modified or vacated in the manner stipulated in the Bargersville Development Code, or its successor ordinance."

(c) If a declaration of covenants, conditions, and restrictions is included on the secondary plat, then the subdivision sign easement certificate must be clearly separate from, and not incorporated into the declaration of covenants, conditions, and restrictions.

(I) Tree preservation easement. When a secondary plat is being recorded and an easement is required or proposed for tree preservation, then an applicant must record an easement, or an applicant may print the following tree preservation easement certificate on the plat: "There are shown on this instrument an area(s) designated as 'Tree Preservation Easements' or abbreviated as 'T.P.E.'. These easement(s) must be regulated and maintained according to the following:

(1) Permitted activities. The following activities are permitted:

(a) Removal of invasive species (e.g., bush honeysuckle), where appropriate, including the use of professionals to apply herbicides or identify and remove such invasive species;

(b) Removal of an overabundance of combustible material (e.g., dead, fallen trees, and leaves);

(d) Removal of hazardous, exotic and invasive species and/or dead, hazardous and at risk trees;

(e) Planting of native trees;

(f) Removal of trees directed to be removed by municipal, county, state or federal agencies or departments or by a public utility;

(g) Installation of minor improvements such as identification signs; provided such are designed and installed in a manner that does not removed or damage any trees to the greatest extent possible; and

(h) Installation, mowing, and maintenance of access easements paved or unpaved trails, or utility and drainage improvements; provided, however, that any such improvements and easements must be as narrow or small as reasonably possible with no blanket easements.

(2) Prohibited activities. The following activities are prohibited:

(a) Mowing any portion of existing, naturally vegetated areas;

(b) Dumping of leaves or other debris;

(d) The construction of permanent structural improvements including, but not limited to: pools, sheds, garages, fences, playground equipment, tree houses, fire pits, and other permanent or semi-permanent structures; and

(e) Active recreational activities that adversely impact the natural characteristics of the preservation area, including the placement of playground equipment, paving for basketball or tennis courts or swimming pools.

(3) All maintenance activity must be completed according to industry standards using the latest ANSI Z133.1 and A-300 approved practices and methods.

(4) Signs identifying a "Tree Preservation Area" must be posted every 1,000 feet near the perimeter of all tree preservation easements. Such signs must state "Natural Preservation Area. No mowing or spraying. Restricted Area."

(5) Any person or entity causing damage or destruction or that violates the provisions of this easement is responsible for replacing removed or damaged trees with trees (a minimum of three inches in caliper) of an equivalent caliper to the removed or damaged vegetation, and to return the damages areas of the easement to its original natural state.

(Ord. 2022-17, passed 7-19-2022)

§ 154.153 MONUMENT AND MARKER STANDARDS.

(A) General standards.

(1) Monument and markers must be installed per 865 I.A.C. 1-12-18, and the standards set forth in this section.

(2) Permanent reference monuments must be placed so the center of the pipe or marked point coincides exactly with the intersection of lines to be marked and the top of the monument or marker is level with the finished grade.

(3) Required monuments and markers must include a surveyor's cap as required by Indiana law, and at a minimum, must include a substantial plastic or metal cap permanently affixed showing the registered professional surveyor's surname and professional license number or firm/agency identification number.

(4) Upon completion of the development, as-built drawings must be submitted showing where monuments and markers were placed. This must be accompanied by an affidavit by the surveyor, registered in the State of Indiana, attesting to the accuracy of installed monuments and markers and certifying that the monuments and markers are still accurately in place and were not removed, moved, or buried such that they do not accurately denote surveyed lines or cannot be easily located.

(5) Monuments which are damaged or altered must be reset by the party responsible for damage/alteration. If a responsible party cannot be readily determined, then the active developer will bear the costs of having the monument(s) reset.

(B) Monument standard. Monuments must be of stone, pre-cast concrete, or concrete poured in place with minimum dimensions of four inches by four inches by 30 inches, set vertically in place. They must be marked on top with an iron or copper dowel set flush with the top of the monument or deeply scored on top with a cross.

(1) At the intersection of lines forming angles in the boundary of the subdivision;

(2) At least two monuments must be set on each side of a straight section of a street and on lot corners near each end of the street;

(3) At least two monuments must be set on any straight line over 400 feet in length and on lot corners near each end of the line; and

(4) Any location a bearing changes.

(D) Marker standard. Markers must consist of iron pipes or steel bars at least 30 inches long, and not less than five-eighths inch in diameter.

(E) Marker locations. Markers must be set on boundaries not covered by required monument locations, including:

(5) At the beginning and ending of all curves along street lot lines;

(6) At all points where lot lines intersect curves, either front or rear;

(7) At all angles in lot lines; and

(8) At all other lot corners not established by a monument.

(Ord. 2022-17, passed 7-19-2022)

§ 154.154 OPEN SPACE AND AMENITY STANDARDS.

(A) Applicability. This section applies to all residential major subdivisions containing five or more dwelling units. All residential developments must set aside open space according to this section.

(B) Minimum open space.

(1) Minimum. The minimum open space required for each development, as a percentage of its gross acreage:

Zoning District	Minimum Open Space Required
R-1	5%
R-2	8%
R-3	10%
R-4	12%
R-5	15%

(2) Exemption. Residential developments with a gross density of 0.33 dwelling units per acre or less are exempted from providing open space under this article.

(3) Plantings. Open space must be supplemented with tree plantings according to the minimum lot landscaping requirements of § 154.110.

(C) Access. A public way, crosswalk, or easement not less than 15 feet in width must be provided for access to required open space.

(D) Connectivity. Open space should be placed adjacent to or connected to existing or proposed open space located within the development and/or on adjoining properties. The town's goal is an interconnected open space network throughout the town, not islands of green space within individual subdivisions. (See Town of Bargersville Parks and Recreation Master Plan). Open space should be located within reasonable walking distance to the uses it serves, except when the open space is used to preserve existing features.

(E) Open space ownership. The ownership and maintenance of open space, common areas, and amenities must be documented and recorded to protect them from future development and to make sure they are properly maintained.

(F) Open space and development amenity improvements.

(1) Approval. Open space and amenity improvements (e.g., fencing, walls, mounds, pathways, playgrounds, amenities) must be installed according to a site plan reviewed and approved by the Administrator, according to § 154.180.

(2) Timing of installation. Open space and amenity improvements must be installed within 12 months of the issuance date of the first building permit in the secondary plat containing the open space and amenity improvements.

(G) Qualifying site features.

(1) A maximum of 50% of required open space may come from: wetlands, third party regulated utility easements existing prior to the development of the property (e.g., gas or oil pipelines) and equivalent land, as determined by the Plan Commission or Administrator.

(2) Detention and retention areas may only qualify as open space if they are located and designed for public use and benefit as an amenity to the development, such as providing active or passive recreation opportunities accessible to the residents of the neighborhood.

(3) Tree preservation areas, as set forth in § 154.110, may qualify towards required open space if placed within common areas or recorded protective easement such as a landscape easement, tree preservation easement, or conservation easement.

(4) Required perimeter buffer yards and external street frontage landscaping areas do not qualify toward the required open space.

(H) Amenity center construction timing. Amenity center facilities must be installed or constructed the earlier of: (1) the sale of 75% of the total lots in the subdivision; (2) upon construction of 65% of the primary structures; or (3) upon construction of 95% of the primary structures within any given phase of the subdivision.

(Ord. 2022-17, passed 7-19-2022)

§ 154.155 PEDESTRIAN NETWORK STANDARDS.

(A) Applicability. All developments must have a pedestrian network of sidewalks and/or asphalt pathways for pedestrian transportation and recreation.

(B) General standards.

(1) All concrete sidewalks, asphalt pathways, and crosswalk improvements must be constructed per the town's Construction Standards and comply with requirements of the Americans with Disabilities Act (ADA), as amended.

(2) Curb ramps for handicapped accessibility must be provided at all intersections of streets, alleys, and drives (excluding individual residential driveways) and comply with ADA requirements. Curb ramps are not permitted in driveways.

(1) Sidewalks must be at least five feet wide. When abutting a curb, sidewalks must be at least 6 feet wide.

(2) Sidewalks are required on both sides of internal streets in all developments.

(3) When a proposed development abuts an existing development or pathway, connection to the sidewalks or pathways is required.

(4) Connector sidewalks must be provided from the sidewalk or path adjacent to the street to the front entrance of all non-residential structures. Where the sidewalk intersects driving lanes or parking aisles within the parking facility, then crosswalks and ramps must be installed according to ADA requirements.

(D) Perimeter pedestrian network standards. Developments must participate in the establishment or improvement of the pedestrian network along streets adjacent to their perimeter according to the following:

(1) Where a proposed site plan or subdivision abuts an existing right-of-way, multi-use pathways must be provided along the perimeter streets according to the Thoroughfare Plan and constructed per the town's Construction Standards.

(2) Required multi-use pathways should be located within the right-of-way. Pathways located outside the right-of-way must be located within an access easement approved by the Administrator or Town Council.

(Ord. 2022-17, passed 7-19-2022)

§ 154.156 STREET AND RIGHT-OF-WAY STANDARDS.

(A) Applicability. Proposed developments must allocate adequate areas for new streets in conformity with the town's Construction Standards and the Thoroughfare Plan.

(B) Thoroughfare Plan. The Bargersville Thoroughfare Plan, as amended, (the "Thoroughfare Plan") is declared to be a part of this chapter. The Thoroughfare Plan is available for review in the office of the Clerk/Treasurer and in the office of the Department.

(C) Compliance with Thoroughfare Plan. In addition to meeting requirements of the Americans with Disabilities Act (ADA), developments abutting or adjoining streets designated on the Thoroughfare Plan must conform to the requirements of the Thoroughfare Plan regarding: The dedication of rights-of-way; building setback lines; and any other development or design standards in the Thoroughfare Plan or this chapter.

(D) Dedication of right-of-way. Developments adjoining or including existing streets not conforming to the minimum right-of-way dimensions established in the Thoroughfare Plan, must dedicate enough additional right-of-way along the streets to meet the requirements of the Thoroughfare Plan. If the development only contains property on one side of the street, then sufficient right-of-way must be dedicated to bring the half right-of-way up to the dimensions required in the Thoroughfare Plan.

(1) Passing blister. Where a passing blister is required and inadequate right-of-way exists to install the passing blister, then the developer must make a good faith effort to acquire property sufficient for the installation of the passing blister. If the property owners where the passing blister is to be installed refuses to sell the property, then the developer must provide the Administrator copies of all surveys, appraisals, and written offers made by the developer to the property owners, and correspondence from the property owners.

(2) Acceleration and deceleration lanes. Where an acceleration lane and/ or deceleration lane is required and the development does not contain street frontage needed to install the lane, then the developer must make a good faith effort to acquire property sufficient for the installation of the acceleration lane and/or deceleration lane. If the property owners where the acceleration lane and/or a deceleration lane is to be installed refuses to sell the property, then the developer must provide the department copies of all surveys, appraisals, written offers made by the developer to the property owners, and correspondence from the property owners.

(3) Eminent domain. The installation of passing blisters, acceleration lanes, and deceleration lanes is vital to the health, safety, and welfare of the motoring public. The town may, but is not obligated to, begin eminent domain proceedings according to I.C. 32-24 for the acquisition of public right-of-way sufficient for the installation of the passing blister, acceleration lane and/or deceleration lane upon receipt of documentation illustrating the developer's failure to acquire the needed property. Upon completion of the eminent domain proceedings, the developer reimburses the town the price paid by the town for the right-of-way acquisition, including professional and legal expenses, any condemnation and relocation within the acquired right-of-way. The developer then installs the passing blister, acceleration lane and/or deceleration lane according to the town's Construction Standards.

(E) Private streets.

(1) Private streets are prohibited unless approved by the Town Council.

(2) If approved by the Town Council, private streets must conform to the street and right-of-way standards of this chapter and be constructed according to the town's Construction Standards.

(3) Private streets must be established within access easements complying with § 154.157(E).

(4) When a private street easement appears on a secondary plat, a private streets certificate (see § 154.152(F)) must be printed on the plat. Unplatted easements for private streets must have the same language included on a recorded easement instrument.

(5) Financial sureties are required according to § 154.161 and the town's Construction Standards.

(6) When the term right-of-way is used in this chapter, it also applies to private street easements in the context of this chapter only.

(E) Design principles.

(1) Street and alley layout must provide access to all lots and parcels of land within a development. Streets must be laid out on the parent parcel:

(a) In a manner that creates conditions favorable to health, safety, convenience, and the harmonious development of the community;

(b) In an orderly and logical manner;

(d) With concern for pedestrian and vehicular safety;

(e) To provide reasonably direct access to the primary circulation system.

(2) Streets should adjust to the contour of the land to produce useable lots and streets of reasonable gradient. Consideration must be given to natural features, such as existing wooded areas, streams and creeks, historic locations, or similar conditions that, if preserved, will add attractiveness and value to the community.

(3) Streets must align and connect with existing or planned streets and provide for connections with adjacent property. Where appropriate, proposed streets must extend to the boundary line of the premises to provide for normal circulation of traffic within the vicinity. Regard must be given to the Thoroughfare Plan and Comprehensive Plan. Cul-de-sacs are discouraged and are only permitted where street continuation is prevented due to topography or other physical condition, or unless the Plan Commission finds such extension is unnecessary for the coordination of development within the development or between the development and adjoining property.

(G) Improvement standards. Streets must conform to the following:

(1) Street and right-of-way widths. Widths of streets and minimum rights-of-way widths must conform to the Thoroughfare Plan and the town's Construction Standards.

(2) Construction. Street improvements, must be designed, constructed, and installed according to the town's Construction Standards.

(a) Streets and alleys must be completed as shown on approved plans, profiles, and cross-sections.

(b) Streets must be graded, surfaced, and improved to the dimensions required by the cross-sections and the work must be performed in the manner prescribed in the Indiana Department of Transportation's Standard Specifications.

(c) Where parkways or special types of streets are involved, the Plan Commission may apply special standards to be followed in their design.

(3) Cul-de-sac design. Cul-de-sacs must conform to the following standards:

(a) The maximum length of a cul-de-sac is 600 feet, measured along the centerline from the center of the circle to the intersection of the nearest through street.

(b) The cul-de-sac terminus must be designed according to the town's Construction Standards.

(c) A clear area 20 feet wide and ten feet deep adjacent to the paved street and located opposite the cul-de-sac entrance must be provided to accommodate snow removal. This clear area must be free of above ground improvements (e.g., driveways, mailboxes, fire hydrants, landscaping, and public utility installations), unless otherwise approved by the Administrator.

(d) A temporarily dead-ended street is permitted if a street is proposed to be extended but is not yet constructed. An adequate easement or right-of-way for a turn-around must be provided if the dead-end street extends 150 feet or more in length. If an easement, is used it must automatically vacate to the abutting property owners when the street is extended.

(e) The Plan Commission or Administrator may require a pathway or sidewalk to connect a cul-de-sac to an adjacent cul-de-sac or street to provide reasonably direct connection between likely pedestrian destinations. Such connection must be constructed according to § 154.155 and located within an easement or common area.

(4) Alleys. Alleys must be constructed according to the § 154.200, unless otherwise approved by the Town Council.

(5) Intersections. Street intersections must be designed and improved according to § 154.146. Lot line corners must be rounded by arcs with minimum radii in accordance § 154.146.

(6) Access points. The following standards apply to access points for a development. The Plan Commission, Town Council, or Administrator may approve access points if, due to the size of the development, or appropriate to improve traffic circulation:

(a) Only one street, driveway or point of vehicle access is permitted from a development onto an arterial or collector;

(b) The primary access for a multifamily development must be from an arterial or collector, if available, and at least two access points must be provided for adequate accessibility for emergency vehicles and school busses;

(c) Direct access from a residential driveway to any arterial or collector is discouraged unless it is the lot's only means of access.

(7) Traffic control devices. Traffic control devices must comply with the current edition of the Indiana Manual on Uniform Traffic Control Devices.

(8) Subsurface drainage. Subsurface drainage for streets must be designed according to the town's Construction Standards.

(H) Delay of surface layer. Installation of the surface layer of asphalt may be delayed with permission of the town up to the earlier of: (1) one year or (2) until 80% of the lots within a section have been issued a building permit. A separate performance bond covering the cost of installing the surface layer of asphalt is required prior to approving the delayed installation.

(I) Fire hydrants. Fire hydrants must be provided throughout the development as determined by the Bargersville Fire Department.

(J) Acceptance of improvements. Before any financial surety (see § 154.161) covering a street installation is released, the Plan Commission, Town Council, or Administrator may request core borings for thickness determination. The developer must engage the services of an independent testing laboratory to take cores at locations selected by the town. The results of the testing must be provided to the Administrator for review and approval.

(K) Rail corridors. The following regulations apply to all property abutting a current or former railroad property line ("rail corridor"):

(1) The Administrator will work with owners of property adjacent to a rail corridor should any question of development arise. Any new development proposal adjacent to a rail corridor requiring an improvement location permit or site plan review must be brought to the attention of the Administrator, who will address this section with the applicant. The Administrator will then inform the Director of the Parks Department and Town Council of the proposed development.

(2) For any activity requiring an improvement location permit, the Administrator will work with owners of property adjacent to a rail corridor regarding setback, landscaping and any other development standards deemed appropriate for the future development of the rail corridor and for the property owner. For new development proposals adjacent to a rail corridor requiring an improvement location permit or site plan review, the Administrator will work with the applicant to determine how the rail corridor will be used regarding setback, landscaping and any other development standards deemed appropriate by the Administrator.

(3) The town will work with any rail corridor property owner that can show best title as determined by a court of law with the intent of protecting the rail corridor right-of-way for the use as presented in the Thoroughfare Plan in a way that is beneficial to all.

(4) Any agreement must be approved by the Council and incorporated into the town's plan approval process.

(Ord. 2022-17, passed 7-19-2022)

§ 154.157 STREET STANDARDS.

(A) Principles. In designing a street system, the applicant is guided by the following principles:

(1) Adequate vehicular and pedestrian access must be provided to all parcels.

(2) Street connections into and from adjacent areas may be required.

(3) Local street patterns must provide reasonable direct access to the primary circulation system.

(4) Interior circulation systems and land development patterns cannot conflict with the efficiency of bordering arterial routes.

(5) Elements in the local circulation system should be designed with the least amount of interruptions possible in order to function effectively and safely.

(6) Planning and construction of streets must clearly relate to their local function.

(7) Local streets are designed to discourage excessive speeds.

(8) Pedestrian-vehicular conflict points should be minimized.

(9) The number of intersections should be minimized.

(10) Local streets are designed to minimize impacts to significant topographic features.

(B) Standards.

(1) Current INDOT standards, guides, and manuals are followed as design standards unless otherwise specified in this chapter.

(2) Only one street, driveway or point of vehicle access is permitted from a subdivision onto a collector street or road or an arterial street or road for a subdivision of 50 or fewer lots. Two or more streets, driveways, or points of vehicle access are required by the Plan Commission for subdivisions with over 50 lots to improve the safety and traffic circulation in the area.

(3) Subdivisions with over 50 lots must include streets with a boulevard design if a second entrance is not feasible due to the character of the land, provided the internal street geometrics provides two access points at its termination inside the development. Stub streets must be provided for any future undeveloped land.

(4) Subdivisions with over 100 lots must provide internal circulation routes which provide redundant or alternative access to multiple entrances.

(5) Half streets are not permitted.

(6) All street names and lot addresses are coordinated through the 911 Coordinator for the County and local postal service. No street names may be used which will duplicate or be confused with names of existing streets, unless considered exceptions by the Plan Commission. The streets, which are logical extensions, continuations of, or alignment with any existing streets, either constructed or appearing on any validly recorded plat, must bear the names of such existing streets. Street addresses must be provided for every lot conforming to the town and 911 coordinator's addressing standards.

(7) Rights-of-way and paving for proposed streets must be extended to the boundary lines of the proposed subdivision so a connection can be made to all adjacent properties unless such extension is not feasible because of topography or other physical conditions, or unless, in the Plan Commission's opinion, such extension is not necessary or desirable for the coordination with existing streets or the most advantageous development of adjacent tracts.

(8) Subdivisions cannot be designed to create or perpetuate the land-locking of adjacent undeveloped land. Connectivity must be considered and planned.

(9) A temporarily dead-end street is permitted in any case where a street is proposed to be and should logically be extended but is not yet constructed. A stub street with a dead-end sign is provided in this case terminate in a temporary cul-de-sac with a minimum street radius of 50 feet or hammerhead turnaround unless otherwise waived by the Plan Commission.

(10) In subdivisions that adjoin or include existing streets that do not conform to the minimum right-of-way dimensions as established by this chapter, the subdivider dedicates additional width along either one or both sides to ensure conformance, provided the area to be used for widening is owned by the subdivider or under the subdivider's control.

(11) Refer to § 154.099 for line-of-sight design requirements on corner lots.

(Ord. 2022-17, passed 7-19-2022)

§ 154.158 STREET LIGHT STANDARDS.

(A) Street lights must be installed at all intersections, development entrances, and along internal streets as required by the provisions of this section. The Plan Commission may direct street lights at other locations if it determines they are necessary to provide vehicular or pedestrian safety.

(B) Street lights providing the illumination necessary for vehicular and pedestrian safety at all intersections within the development must be installed per the town's Construction Standards and the public utility providing the lighting. The Plan Commission may reduce the number of intersections required to have street lighting. The provision of street lights at major intersections involving collectors or arterials within the development cannot be waived.

(1) Installing street lights at the midpoint of the block or every 15 lots, whichever provides the shorter spacing between street lights;

(2) Installation of dusk-to-dawn lights on the street-side of each home with such lights maintained in good operating condition by the property owner in perpetuity; or

(3) A combination of the above options.

(D) If the town has established a street light standard along the street where the entrance is located, the development must install the same lighting standard. Luminaires must be shielded to prevent glare on residential properties.

(E) Decorative street lights may differ from the town's Construction Standards if approved by the Town Council. Decorative street lights must be installed at the expense of the developer and maintained by the property owners' association. An agreement between the town and the property owner's association is required establishing that the property owner's association is responsible for replacing the decorative street lights and poles when the original street lights installed are lost or damaged. If the town or public utility providing the lighting must replace a street light, it is not obligated to use a decorative street light.

(Ord. 2022-17, passed 7-19-2022)

§ 154.159 STREET SIGN STANDARDS.

(A) Streets must have the minimum number of street signs necessary to create a safe environment for drivers and pedestrians and convey information to efficiently find a certain street or address.

(B) A street name sign is required at each intersection within and at the perimeter of the development.

(C) Street signs must comply with the current edition of the Indiana Manual on Uniform Traffic Control Devices and the town's Construction Standards. A street sign cannot be installed on top of stop signs.

(D) Street name and regulatory signs must be installed prior to any street being opened to the public or the issuance of building permits within the development section.

(E) Decorative street signs may differ from the town's Construction Standards if approved by the Town Council. Decorative street signs must be installed at the expense of the developer and maintained by the property owners' association. An agreement between the town and the property owner's association is required to establish that the property owner's association is responsible for replacing the decorative street signs and poles when the original signs installed are lost or damaged. If the town must replace a street sign, it is not obligated to install a decorative sign.

(Ord. 2022-17, passed 7-19-2022)

§ 154.160 UTILITY STANDARDS.

(A) This section applies to all development including, subdivisions, improvement location permits and site plans.

(B) Public sanitary sewer and water hook-ups are required for development in all zoning districts. Private septic systems must be approved by the Town Council.

(D) Prior to approval of the primary plat or site plan, the applicant must provide proof that each utility provider has the capacity and ability to serve the property.

(E) Development must provide for the collection of all sanitary sewage discharges by the installation of sanitary sewers. These sewers must be tied into a public sanitary sewer system and constructed within right-of-way and/or dedicated sewer and utility easements. When a public sanitary sewer is not available, the Town Council may approve a septic sewer system on an individual lot provided it is constructed to the requirements of the County Health Department.

(F) Development must provide a complete water main supply system connected to a municipal or a community water supply system approved by the County Health Department. When a municipal or community water supply is not available, the Town Council may approve an individual water supply on each lot provided it is constructed to the requirements of the County Health Department.

(Ord. 2022-17, passed 7-19-2022)

§ 154.161 SURETY STANDARDS.

(A) As a condition of approval of a subdivision, site plan, special exception, or planned development, a financial guarantee may be required to assure the installation the improvements such as streets, curbing, landscaping, fencing, walls, screening, lighting, drainage facilities, sidewalks, driveways, utilities, and similar items.

(B) A bond, irrevocable letter of credit, or other guarantee acceptable to the town ("financial surety") must be executed prior to issuing an improvement location permit for single site developments or recording a secondary plat prior to the completion of improvements.

(1) A performance surety to the town must include any street, sidewalk, pathway, storm sewer, erosion control, drainage facility, or any other facility to be dedicated to the town. On-site and off-site improvements shown on the approved plans must be covered by the performance surety.

(2) The performance surety must:

(a) Be 120% of the estimated costs determined by the town to be sufficient to complete the improvements in compliance with this chapter and the town's Construction Standards;

(b) Provide surety satisfactory to the town;

(d) Specify the time for the completion of all improvements; and

(e) Be on a form approved by the Council.

(3) Performance sureties must be effective from the date of approval to begin construction of the project and must not terminate until released by the Town Council. The performance surety must not be released until the Department certifies the improvements have been installed according to the intent of the approved construction plans.

(4) A dedicated account is created in a form acceptable to the State Board of Accounts to hold and accumulate all funds paid pursuant to the provisions of this section. Funds appropriated from the account must only be used for the completion of infrastructure improvements approved by the town and which had not been completed after having been initiated.

(5) The town may consider alternative forms of ensuring the proper completion of improvements to be dedicated to the town or for the benefit of the public.

(6) Upon completion of all improvements and installations as required by this subchapter, the subdivider furnishes appropriate documentation indicating that required improvements and installations have been constructed, installed, and completed in compliance with the provisions of this subchapter, the requirement of the Plan Commission and the provisions of other applicable ordinances of the Town of Bargersville. The Plan Commission prescribes procedures for determining whether all improvements, installations, and lot improvements have been constructed and completed as required by this subchapter.

(7) Upon acceptance of required improvements or installation, the accepting agency or department of the Town of Bargersville provides a completion letter to the subdivider that officially accepts maintenance responsibility, subject to the terms of the required maintenance guarantees.

(8) Two months prior to the expiration of the performance or maintenance guarantee, the Town Council determines if the public improvements have been installed consistent with applicable standards and special conditions or requirements, if any, established by the Town Council in approving the plat. If the improvements have not been installed to the satisfaction of the Town Council, the Council notifies the subdivider of their intent to secure the funds pledged by the performance or maintenance guarantee, or at their discretion, to grant one extension for a period up to 12 months, and the subdivider files with the Town Council a new performance or maintenance guarantee within the extension period. The Council may upon proof of difficulty, grant one additional extension of the completion date for a maximum period of up to 12 additional months, provided that the performance or maintenance guarantee submitted for this extension period meets all other requirements herein and the extension has been requested in writing prior to the expiration of the first extension.

(9) Failure to complete public improvements. In cases where a performance guarantee has been posted and the required public improvements have not been installed within its terms, or if the Council finds upon inspection that any of the improvements have not been constructed according to the approved construction plans, then the Council may thereupon declare the performance guarantee to be in default and cause all public improvements to be installed according to secondary approval regardless of the extent to which development has occurred at that point in time.

(10) Release or reduction of performance guarantee. A performance guarantee may be reduced upon actual acceptance of public improvements and any conditions imposed on the plat and then only by the amount originally estimated for the completion of said public improvements. The Town Council cannot accept required public improvements, nor reduce a performance guarantee, until the subdivider has submitted a certificate attesting to satisfactory completion and the subdivider's engineer or surveyor has provided the Council with certified "as built" construction plans of the public improvements including the utilities, indicating location, dimensions, materials, and other information required by the Council and reviewed by the Town Engineer or representative. Upon certification and evidence of satisfactory completion, the Administrator recommends acceptance to the Town Council and the Town Council accepts the applicable public improvements for maintenance according to established procedures.

(11) Temporary public improvements. The subdivider must build and pay all costs for temporary public improvements required by the Town Council and must maintain the same for the period specified. Prior to construction of any temporary public facility or improvement, the subdivider files with the Town Council a separate suitable performance guarantee for temporary facilities, which insures that the temporary facilities will be properly constructed, maintained, and removed (except for turnaround at ends of the peripheral stub streets intended for connection into adjacent future subdivisions).

(D) Maintenance surety.

(1) When the improvements are completed and accepted by the town, the performance surety may be released. For three years after the date of improvements were accepted by the town or applicable agency, the developer must make all repairs to the improvements which may become necessary due to improper workmanship or materials. Such maintenance does not include any damage to improvements resulting from forces or circumstances beyond the control of the developer.

(2) The developer must provide a maintenance surety to the town for any street, sidewalk, pathway, storm sewer, erosion control, drainage facility, or any other facility dedicated to the town. On-site and off-site improvements shown on the approved plans must be covered by the maintenance surety.

(3) The maintenance surety must:

(a) Run to and be in favor of the town;

(b) Be in a sum of not less than 25% of the performance bonds amount;

(d) Warrant the workmanship and materials used in the installation of the improvements;

(e) Include a certification from the developer that all improvements have been made according to the approved plans.

(4) Maintenance sureties are effective from the date of acceptance and must not terminate until the Public Works Department certifies inspection and approval of the improvements.

(E) Waiver of required public improvements. The Town Council may defer or waive at the time of primary approval, subject to the appropriate conditions, the provision of any or all such public improvements as in its judgment, are not requisite in the interest of the public health, safety, and general welfare, or are inappropriate because of inadequacy or lack of connecting facilities.

(F) Use of funds. Any funds received from the performance and maintenance guarantees can only be used for making improvements, installations or repairs that were guaranteed by a bond or irrevocable letter of credit.

(Ord. 2022-17, passed 7-19-2022)

§ 154.162 APPEAL.

Any person aggrieved by action of the Plan Commission may invoke any legal, equitable, or special remedy in an action brought under this section. Actions may be filed in any court having jurisdiction.

(Ord. 2022-17, passed 7-19-2022)

§ 154.163 PLAT CERTIFICATES AND DEED OF DEDICATION.

The following forms must be used:

(A) Plan Commission certificate.

Under authority provided by I.C. 36-7, enacted by the general assembly of the State of Indiana, and all acts amendatory thereto, and an ordinance adopted by the Town Council of the Town of Bargersville, Johnson County, Indiana, this plat was given approval by the Bargersville Advisory Plan Commission, as follows:

Approved by the Administrator of the Department of Development of the Town of Bargersville, Johnson County, Indiana, pursuant to the Bargersville Development Code, on the day of , .

Bargersville Plan Commission

By:

(Name), Director, Department of Development

(SEAL)

(B) Town Council certificate.

This plat and the acceptance of any public rights-of-way dedicated herein is hereby approved on the day of , 20 , by the Town Council of the Town of Bargersville, Indiana.

(Name), Member

I, , hereby certify that I am a Registered Land Surveyor, licensed in compliance with the laws of the State of Indiana:

That this plat correctly represents a survey completed by me on , that all the monuments shown thereon actually exist or bond has been posted to cover the later installation of these monuments, and that all other requirements specified herein, done by me, have been met.

(Name)

(SEAL)

(D) Engineer's certificate.

I, , hereby certify that I am a Registered Professional Engineer or Land Surveyor, as the case may be, licensed in compliance with the laws of the State of Indiana, and that I have inspected during their construction and installation all improvements and installations required for this subdivision, designated specifically as , and that such required improvements and installations have been made and installed according to the specifications heretofore approved therefore.

(Name)

(SEAL)

(E) Deed of dedication. Each Secondary Plat submitted for approval must carry a deed of dedication in substantially the following form:

We the undersigned owners of the real estate shown and described herein, do hereby certify that we have laid off, platted, and subdivided, and do hereby lay off, plat and subdivide, said real estate according to the within plat.

This subdivision must be known and designated as , an addition to Bargersville, Indiana. All rights-of-way shown and not heretofore dedicated are hereby dedicated to the public.

Front and side yard building setback lines are hereby established as shown on this plat, between which lines and the property lines of the street, there must be erected or maintained no building or structure.

There are strips of ground shown on this plat and marked "easement", reserved for the use of public utilities for the installation of water and sewer mains, poles, ducts, lines and wires, subject at all times to the proper authorities and to the easement herein reserved. No permanent or other structures are to be erected or maintained upon said strips of land, but owners of lots in this subdivision must take their titles subject to the rights of the public utilities.

[Additional easement certificates, dedications and protective covenants, or private restrictions would be inserted here upon the applicant's initiative or the recommendations of the Plan Commission, Town Council; important provisions are those specifying the use to be made of the property, rights and authority of grantees, and, in the case of residential use, the minimum living area.]

The foregoing covenants, or restrictions, are to run with the land and must be binding on all parties and all persons claiming under them until January 1, , (a 25 year period is suggested), at which time said covenants, or restrictions, must be automatically extended for successive periods of ten years unless changed by vote of a majority of the then owners of the building sites covered by these covenants, or restrictions, in whole or in part. Invalidation of any of the foregoing covenants, or restrictions, by judgment or court order must in no way affect any of the other covenants or restrictions, which must remain in full force and effect.

The right to enforce these provisions by injunction, together with the right to cause the removal, by due process of law, of any structure or part thereof erected, or maintained in violation hereof, is hereby dedicated to the public, and reserved to the several owners of the several lots in this subdivision and to their heirs and assigns.

Witnessed our hands and seals this day of , .

State of Indiana

Johnson County

Before me the undersigned Notary Public, in and for the County and State, personally appeared , , and each separately and severally acknowledge the execution of the foregoing instrument as his or her voluntary act and deed, for the purposes therein expressed.

Witness my hand and notary seal this day of , .

(SEAL)

(F) Easement certificate. Each secondary plat submitted for approval must include easement certificates, where appropriate and according to § 154.152.