(A) This chapter shall regulate all development and redevelopment occurring within the town. No permit shall be issued and no land disturbance started for any construction in a development, as defined in this chapter, until the plans required for such construction have been accepted, in writing, by the town. With the exceptions provided for in this chapter, single-family dwellings (attached and detached) within accepted subdivisions, and land disturbing activities less than 10,000 square feet of area shall be exempt from the requirements of this chapter. All land disturbing activities associated with agriculture shall also be exempt from this chapter.
(B) In addition to the requirements of this chapter and its companion Stormwater Technical Standards Manual, compliance with all applicable ordinances of the Town of Bargersville as well as with applicable federal, State of Indiana, and other local statutes and regulations shall also be required. Unless otherwise stated, all other specifications referred to in this chapter shall be the most recent edition available. If the project is located within a Town of Bargersville County Regulated Drain Watershed, the applicant is required to verify requirements of the Johnson County Surveyor's Office to learn if additional requirements, specific to that regulated drain, would apply to the site. In the event of a conflict between requirements contained in this chapter and applicable requirements contained in other regulatory documents, the most restrictive shall prevail.
(C) Any construction project which has had its final drainage plan accepted by the Town of Bargersville within a two-year period prior to the effective date of this chapter shall be exempt from all requirements of this chapter that are in excess of the requirements of ordinances in effect at the time of acceptance. Such an exemption is not applicable to the requirements detailed in this chapter.
(D) The Town of Bargersville has the authority to modify, grant exemptions, and/or waive any and all the requirements of this chapter and its associated technical standards document. A pre-submittal meeting with the Department of Development may be requested by the applicant to discuss the applicability of various provisions of the chapter and its associated technical standards document with regards to unique or unusual circumstances relating to a project. However, any initial determination of such applicability shall not be binding on future determinations of the Town of Bargersville that may be based on the review of more detailed information and plans.
(Res. 2024-03, passed 7-22-2024; Ord. 2024-15, passed 8-13-2024)