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§ 151.05 APPLICABILITY.
   This chapter shall regulate all land disturbances, including disturbances without improvements, occurring within the corporate limits of the Town of Brownsburg. No land disturbance or land disturbing activity shall be started until the plans required by this chapter have been accepted in writing by the Town of Brownsburg's Development Services Department. Exemptions for agriculture, silviculture, oil and gas facilities, county drainage board ditch maintenance, individual single family residential disturbing less than one (1) acre, and certain activities conducted under other applicable state permits are defined in § 151.22.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
§ 151.06 BASIS FOR ESTABLISHMENT OF STANDARDS.
   (A)   The Town of Brownsburg has adopted the Town of Brownsburg Construction Standards, which is incorporated herein by reference. This manual shall contain the technical standards for compliance with construction requirements and may be amended from time to time.
   (B)   Other references include the following:
      (1)   HERPIC-County Storm Drainage Manual.
      (2)   USDA NRCS Technical Release 55 (TR-55): Urban Hydrology for Small Watersheds.
      (3)   Indiana Drainage Handbook.
      (4)   Indiana Stormwater Quality Manual.
      (5)   Hendricks County Stormwater Technical Standards Manual.
      (6)   FHWA Hydraulic Design Series Number 5 (HDS-5): Hydraulic Design of Highway Culverts.
      (7)   FHWA Hydraulic Engineering Circular No. 14 (HEC-14): Hydraulic Design of Energy Dissipators for Culverts and Channels.
      (8)   USDA NRCS Part 654 Stream Restoration Design National Engineering Handbook, Chapter 10: Two-Stage Channel Design.
      (9)   USDA NRCS WinTR-20: Computer Program for Project Formulation Hydrology.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
§ 151.07 ADMINISTRATION.
   The Development Services Department is appointed to administer and implement this chapter by granting or denying applications in accordance with the provisions of the chapter.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
§ 151.08 DUTIES OF DEVELOPMENT SERVICES DEPARTMENT.
   (A)   The duties and responsibilities of the Development Services Department shall include, but not be limited to, the following:
      (1)   Review each stormwater management application to determine that the requirements of this chapter have been satisfied.
      (2)   Ensure that post-construction stormwater quality measures are appropriately planned.
      (3)   Review all applications to assure that all land is temporarily guarded by sediment and erosion control measures and pollution prevention practices during the construction phase.
      (4)   Review all applications to assure permanent erosion control measures are planned to prevent future erosion problems.
      (5)   Review all applications to assure that stormwater from upstream and through the downstream properties has been properly considered.
   (B)   Town personnel have the authority to inspect the site and evaluate the site plan. If the Town determines that the site plan does not satisfy the provisions of this chapter, it shall notify the applicant of the plan's disapproval and give the applicant its reasons for disapproving the plan in writing.
   (C)   The review shall consider the nature of the soil types at the site and the inherent limitations of each one.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
§ 151.09 REMEDIES.
   The Town of Brownsburg, any designated enforcement official, or any person or persons, firm, or corporation, jointly and severally aggrieved, may institute a suit for injunction in the circuit or superior courts of the county, to restrain an individual or government unit from violating the provisions of this chapter. The Town of Brownsburg may also institute a suit for mandatory injunction directing an individual, corporation, or a governmental unit to remove a structure erected in violation of the provisions of this chapter. Any building erected, raised, or converted, or land or premises used in violation of the provisions of this chapter or the requirements thereof, is declared to be a public nuisance and as such, they may be abated in such a manner as nuisances are now or may hereafter be disposed of under existing law.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
§ 151.10 ABROGATION AND GREATER RESTRICTIONS.
   (A)   This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes a more stringent restriction shall prevail.
   (B)   This chapter shall be construed whenever possible as consistent with the Unified Development Ordinance and regulations of the Town, and in conformity with its Master Plans.
   (C)   If a project site is determined to impact or discharge to a sensitive area the Town may, at its discretion, require more stringent stormwater quantity and quality measures than detailed in this chapter or the references listed in § 151.06. Sensitive areas include highly erodible soils, wetlands, threatened or endangered species habitat, outstanding waters, impaired waters, recreational waters, and surface drinking water resources.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
§ 151.11 INTERPRETATION.
   In the interpretation and application of this chapter, all provisions shall be:
   (A)   Considered minimum requirements;
   (B)   Liberally construed in favor of the governing body; and
   (C)   Deemed neither to limit nor repeal any other powers granted under the statutes of the state.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
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