ORD 1992-061:7 �1 iT�\ 11 dTi7
ORD. 1995-12
(SWIMMING POOL PORTION - 0711811995)
ORD. 199516
(FENCE PORTION - 09105/1995)
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 92-06
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
ESTABLISHING REGULATIONS GOVERNING THE
CONSTRUCTION OF SWIMMING POOLS AND FENCES;
PROVIDING DEFINITIONS; AS TO SWIMMING POOLS:
(1) PROVIDING LIGHTING REQUIREMENTS, (2)
REQUIRING A PERMIT FOR THE USE OF A PUBLIC
ADDRESS SYSTEM, (3) REQUIRING SWIMMING POOL
CONTRACTORS TO PRESENT PROOF OF A SURETY BOND
PRIOR TO CONSTRUCTION, (4) ADOPTING THE
UNIFORM POOL CODE, AND (5) REQUIRING THAT
WATER FROM SWIMMING POOLS BE DRAINED IN STORM
SEWERS OR NATURAL DRAINAGE AND NOT ONTO
ADJOINING PROPERTY; AS TO FENCES: (1)
REQUIRING A PERMIT AND PAYMENT OF A PERMIT
FEE, (2) ESTABLISHING HEIGHT REQUIREMENTS,
(3) PROVIDING REGULATIONS REGARDING THE
LOCATION, TYPE AND CONSTRUCTION OF FENCES,
(4) ESTABLISHING REGULATIONS REGARDING THE
CONSTRUCTION OF FENCES AROUND SWIMMING POOLS,
(5) PROHIBITING THE CONSTRUCTION OF A FENCE
ACROSS PUBLIC PROPERTY, (6) PROVIDING FOR AN
INSPECTION, (7) PROVIDING MAINTENANCE
REQUIREMENTS, (8) PROVIDING FOR AN APPEAL;
PROVIDING A SAVINGS CLAUSE; REPEALING
ORDINANCE NOS. 91-09 AND 91-12 RELATING TO
SWIMMING POOLS AND ORDINANCE NOS. 89-04, 91-10
AND 91-14 RELATING TO FENCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY OF
NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN
FIVE HUNDRED DOLLARS ($500.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas
(the "Town") recognizes the need for proper construction and
maintenance of swimming pools and the need to protect citizens and
other members of the public from the dangers inherent in the use of
swimming pools within the Town; and
WHEREAS, the Town Council desires to regulate the construction
of fences for the purposes of insuring traffic safety, reducing
drainage problems, helping to protect citizens and other members of
the public from the dangers inherent in the use of swimming pools
and restricting the visual blight caused by certain fences; and
WHEREAS, the Town Council hereby finds that the regulations
established herein are in the best interest of the health, safety
and welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS.
Section 1. Incorporation. That all the above premises are
found to be true and correct and are incorporated into the body of
this Ordinance as if copied in their entirety.
Section 2. Definitions. When used in this Ordinance, the
following terms shall have the respective meanings ascribed to
them:
A. "Swimming pool" shall mean a body of water in an artificial
or semi -artificial receptacle or other container located outdoors,
used or intended to be used for public semi-public or private
swimming or bathing by adults or children, or both adults and
children, operated and maintained by any person, whether he be an
owner, lessee, operator, licensee or concessionaire, and shall
include swimming pools used or intended to be used solely by the
owner or guests invited to use it without payment of any fee.
B. "Fence" shall mean any wall or structure more than
eighteen (18) inches in height constructed for the purpose of
enclosing, screening, restricting access, retaining or decorating
any lot, building or structure.
section 3. Swimming Pools.
A. Certificate of Completion. A certificate of completion
shall be obtained from the Town as a condition of approval of
construction of the swimming pool. No certificate of completion
shall be .issued unless the final construction meets local and state
law requirements and the sanitary facilities and water supply
comply with the applicable local and state health department
regulations. Final construction shall mean that a permanent fence
shall be in place as required herein.
B. Id hting. All lighting of a swimming pool shall be
shielded or directed to face away from adjoining residences. If
lights are not individually shielded they shall be so placed, or
the enclosing wall or fence shall be so designed, that direct rays
from the lights shall not be visible from adjacent or contiguous
properties.
C. Public Address System. No public address system shall be
used for any purpose without a permit from the Town. The Town
Secretary shall establish a form for such application and require
therein information relevant to the issuance of such a permit.
D. Pool Contractors. All swimming pool contractors shall
provide proof of a surety bond in the amount of $5,000.00, which
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bond shall be valid for a period of not less than one (1) year from
the last project completed. It shall be the responsibility and
duty of either the contractor or the bonding company to notify the
Town in writing thirty (30) days in advance of any cancellation of
said bonds.
E. Location; Adoption of Uniform Pool Code. Swimming pools
shall not be constructed within a public easement, utility easement
or other easement except to the extent that the easement allows
such construction. There is hereby adopted the Uniform Pool Code,
the regulations of which shall be applicable to all swimming pool
within the Town.
F. Draining Pools. All swimming pools shall be equipped to
drain the water therefrom into storm sewers or natural drainage and
not onto adjoining property. The water drainage from swimming
pools shall not adversely affect the natural environment, such as
trees, shrubs and other vegetation.
G. screening. All pool equipment shall be screened from
view from the street.
H. Clarity of Water. The water in all swimming pools within
the Town, public or private, shall be of sufficient clarity such
that the bottom of the swimming pool is visible to the naked eye.
In order to help achieve this objective, each swimming pool shall
have the minimum fee residual chlorine of one (1) part per million.
In addition, no swimming pool water shall have an acid reaction to
a standard pH test.
I. Above Ground Pools. Above ground pools are prohibited;
provided, however, that a hot tub or whirlpool with a capacity of
not more than 1,500 gallons shall be allowed.
Section 4. Fences.
A. Permit. It shall be unlawful for any person, corporation,
partnership or other legal entity to construct or have constructed
any type of fence, or any part of a fence, without having first
secured a permit for the construction of the same from the Town
Secretary. The following information shall be required in the
permit application:
(1) Applicant's name and address, and if the person
represents a partnership, corporation, or other legal entity, the
name and address of the president of the same, together with the
name of the foreman;
(2) Name of owner of the property;
(3) Local address where fence is to be erected;
(4) Type of fence
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(5) Height of fence;
(6) Graphic outline of the property to be fenced, with the
fence signified by dark lines and location of adjacent fences; and
(7) Approximate value.
A permit fee in the amount of twenty-five dollars ($25.00)
shall be required to construct a fence; however, should the Town
Building Code require a greater fee, the greater fee shall control.
If a fence is constructed at the time of the construction of a
residential dwelling or other structure or building, no additional
fee shall be required for the construction of a fence; provided,
however, that a permit to construct a fence shall be required in
any event. If a fence is to be constructed by the holder of a
building permit during the life of said permit, a fence permit
shall be applied for at the same time a building permit is applied
for.
B. Height Requirements.
(1) It shall be unlawful to erect or have erected a fence at
a height exceeding six (6) feet in or on any side or rear yard.
(2) It shall be unlawful to erect or have erected a fence in
any front yard.
(3) 4n all corner lots where the rear yard lot line is
adjacent to a side yard lot line or across an alley from such side
yard lot line, no fence exceeding three (3) feet in height shall be
constructed outside the designated building line along the side or
rear yard which is next to the street.
C. Type of Fence and Construction.
(1) It shall be unlawful for any fence to be constructed that
is electrically charged in any manner.
(2) It shall be unlawful for any fence to be constructed or
maintained that is composed of wire fencing.
(3) In order to allow for the entrance and exit of fire and
police department personnel, there must be at least one (1) gate
not less than three ( 3 ) f eet wide on each fence that is adj acent or
parallel to a public alley, utility easement or other public right-
of-way. This requirement shall not apply to easements which the
Town has authorized to be completely fenced in.
(4) In all residential developments with rear or side entry
access to a garage or carport, a visibility clip measured five (5)
feet from the corner of the driveway, alley or street, in both
directions, shall be provided on both sides of the drive.
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(5) All fences on golf course lots shall be constructed of
ornamental iron. It shall be unlawful to construct any fence on a
golf course lot which restricts the view to the golf course, as
determined by the Town.
(b) It shall be unlawful to erect a fence which alters the
natural drainage or planned drainage on any residential lot.
(7) It shall be unlawful to construct a fence parallel to
another fence and closer than twenty (20) feet to said other fence
unless the new fence is the same height, without permission from
the Planning and Zoning Commission.
(8) No fence shall be constructed on a corner lot that does
not afford proper visual clearance for traffic approaching the
intersection in either direction.
(9) All parts of a fence shall have the finished side facing
the outside of the property on which it is constructed.
(10) All wood fences shall maintain natural wood tones, except
that picket fences may be white.
(11) All requirements of the Uniform Building Code adopted by
the Town shall be applicable to the construction of a fence and are
hereby incorporated herein and made a part of this Ordinance.
D. Swimming -Pool Regulations.
(1) Fence Required. Every outdoor swimming pool must be
enclosed by a wall or fence not less than four (4) feet in height.
Said wall or fence shall be constructed in such a manner that there
are no gaps or openings, other than gates or doors, larger than
four (4) inches measured in any direction. Such fence shall be
permanent, shall be set and anchored firmly in the earth, and all
gates or doors in said fence shall be equipped with self-closing
and self -latching devices capable of keeping the gate or door
securely closed when not in use. Such latching devices shall be
attached to the upper quarter of the gate or fence on the inside
thereof.
Rigid lock down covers may be allowed in connection with spas
in lieu of a fence, provided prior approval is given through
application for a fence permit and further provided that the cover
is kept locked at all times the spa is not in use.
(2) Temporary Fence. During the construction of a swimming
pool, a temporary fence shall be provided during the construction
phase, which shall limit access to the construction site at all
times except when construction is actually in progress. A
permanent fence shall be in place before final inspection.
E. Public Property. No fence, guy wires, braces or brackets
on such fence shall be constructed upon, or extend over, any
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property belonging to the Town except as permitted by the Town.
F. Deed Restrictions. Where residential developments within
the Town have deed restrictions, or other restrictive covenants on
file for the benefit of the neighborhood, that are more restrictive
than the provisions of this Ordinance, the provisions of said
restrictions and covenants shall prevail.
G. Inspection. Upon completion of the installation of the
fence, the Building inspector shall be called for the purpose of
making an inspection. A Certificate of Acceptance shall be issued
for compliance with this ordinance or a rejection slip will be
issued for defects in construction materials or procedure. Once
the Certificate of Acceptance is received, the fence shall be
maintained so as to comply with the requirements of this Ordinance
at all times. Any appeal from a decision of the Building Inspector
shall be made to the Town Council.
H. Maintenance.
(1) Any person, group of persons, corporation, partnership or
other legal entity, owning or having control of any fence within
the Town shall be responsible to maintain the fence in a safe and
presentable condition. This shall include replacement of broken or
defective boards, posts, or other fence parts that may cause the
fence to be unsafe or unsightly.
(2) No permit will be required for normal fence maintenance.
However, if the fence has deteriorated beyond fifty (50) percent of
the fence value, and is not in compliance with the provisions of
this Ordinance, the terms of this Ordinance.
I. Appeal. Any person aggrieved by the terms of this
Ordinance shall have the right to petition the Town Council and
seek a variance from the same. A variance may be authorized as
will not be contrary to the public interest, where, owing to
special conditions, the literal enforcement of the provisions of
this Ordinance will result in unnecessary hardship, so that the
spirit of this Ordinance shall be observed and substantial justice
done. A decision of the Town Council shall be final.
J. Exceptions. Fences constructed prior to September 15,
1986 are hereby declared lawful and valid; provided, however, that
such fences shall be subject to the following subsections of this
Section 4: B(3), C(1), C(3), C(4), C(6), C(8), C(10), D., E., and
H.
Section 5. Savings; Repealer. That this Ordinance shall be
cumulative of all other ordinances of the Town affecting swimming
pools or fences and shall not repeal any of the provisions of
ordinances except in those instances where provisions of ordinances
are in direct conflict with the provisions of this Ordinance;
provided, however, that ordinance Nos. 87-16, 91-09 91-12 relating
to swimming pools and that Ordinance Nos. 89-04,9002, 91-10 and 91-
14 relating to fences are hereby repealed in their entirety, but
provided however that any complaint, action, cause of action or
claim which has been initiated or has arisen under or pursuant the
said repealed Ordinances shall continue to be governed by the
provisions of those Ordinances, and for that purpose the repealed
Ordinances shall be deemed to remain in full force and effect.
Section 6. Severability. If any section, article, paragraph,
sentence, clause, phrase or word in this ordinance, or application
thereto, any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding
shall not affect the validity of the remaining portions of this
Ordinance; and the Town Council hereby declares it would have
passed such remaining portions of the ordinance despite such
invalidity, which remaining portions shall remain in full force and
effect.
Section 7. Penalty. It shall be unlawful for any person to
violate any provision of this Ordinance, and any person violating
or failing to comply with any provision of this ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more
than Five Hundred Dollars ($500.00), and a separate offense shall
be deemed committed upon each day during or on which a violation
occurs or continues.
Section 8. Effective Date. This Ordinance shall take effect
from and after its date of passage and publication as provided by
law.
PASSED AND APPROVED by the Town Council of the Tow f T
Club, Texas this the igtL day
ATTEST:
n o rophy
of 1992.
L
Town Secretar ,
Town of Trophy Club, Texas
[SEAL]
Town ttoL-ney,
Town f Trophy Club, Texas
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