(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.
(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.
(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;
(c) With concern for connectivity to adjacent parcels;
(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.
(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)