ORD 2018-27 P&Z Landscape Regulations TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2018-27 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SUBSECTION (D)(5) AND ADDING SUBSECTION (G)(5)
OF SECTION 14.02.352 "LANDSCAPING REGULATIONS" OF
DIVISION 7 "DEVELOPMENT AND DESIGN STANDARDS" OF
ARTICLE 14.02 "ZONING ORDINANCE" OF CHAPTER 14 "ZONING"
OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES TO
ALLOW FOR AND PROVIDE REQUIREMENTS FOR THE USE OF
ARTIFICIAL TURF; PROVIDING FOR INCORPORATION OF
PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING FOR
SAVINGS AND REPEALER; PROVIDING FOR SEVERABILITY;
PROVIDING FOR A PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town"),
is authorized and empowered by law, in accordance with Chapter 212 of the Texas
Local Government Code, to regulate the subdivision of land and property development
within the Town; and
WHEREAS, all legal requirements and conditions were complied with, and after
public notices were given in compliance with State law and public hearings were
conducted, and after considering the information submitted at those public hearings and
all other relevant information and materials, and after due deliberations and
consideration of the recommendation of the Planning and Zoning Commission, the
Town Council has concluded that the adoption of this Ordinance allowing for and
providing requirements for artificial turf is in the best interests of the Town of Trophy
Club, Texas and of the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
2.01 Subsection (d)(5) of Section 14.02.352 entitled "Landscaping Regulations" of
Division 7 entitled "Development and Design Standards" of Article 14.02 entitled "Zoning
Ordinance" of Chapter 14 entitled "Zoning" of the Town of Trophy Club Code of
Ordinances is hereby amended as follows in order to allow artificial turf and all other
subsections not expressly mentioned hereafter shall remain the same:
"Section 14.02.352 Landscaping Regulations
(d) General standards. The following criteria and standards shall
apply to landscape materials and installation:
(5) Ground cover. Ground covers used in lieu of grass in whole
and in part shall be of live material and shall be planted in such
a manner as to present a finished appearance and reasonably
complete coverage within one year of planting. Artificial turf is
considered ground cover in residential districts when in
compliance with Section 14.02.352(g)(5). Artificial turf is defined
as a surface of synthetic fibers made to simulate the
appearance of natural/organic turf grasses.
2.02 Subsection (g)(5) of Section 14.02.352 entitled "Landscaping Regulations" of
Division 7 entitled "Development and Design Standards" of Article 14.02 entitled "Zoning
Ordinance" of Chapter 14 entitled "Zoning" of the Town of Trophy Club Code of
Ordinances is hereby added to provide requirements for the use of artificial turf and all
other subsections not expressly mentioned hereafter shall remain the same:
"Section 14.02.352 Landscaping Regulations
(g) Requirements for residential districts. In addition to the above-
listed requirements, all areas within the town which are zoned for
residential use, by either "straight zoned" districts or by planned
developments, shall have the following requirements.
(5) Artificial turf. The use of artificial turf is allowed in
residential districts if the conditions below are met:
(A) Obtain a permit for review by the Town prior to
installation. Application shall include submittal of the
manufacturers installation specifications, infill type, weight
(70 minimum) and thread backing.
(B) Submission of grading plan for review and approval
by the Building Official.
ORD 2018-27 P&Z Page 2 of 4
(C) Artificial turf damaged during the repair, replacement,
or addition of public utilities, streets, and sidewalks will be
the responsibility of the homeowner.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting fees and shall not repeal any of the provisions of such Ordinances except in
those instances where provisions of those Ordinances are in direct conflict with the
provisions of this Ordinance; whether such Ordinances are codified or uncodified, and
all other provisions of the Ordinances of the Town of Trophy Club, codified or
uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force
and effect. Notwithstanding the foregoing, any complaint, action, cause of action or
claim which prior to the effective date of this Ordinance has been initiated or has arisen
under or pursuant to such repealed Ordinance(s) shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance shall be deemed to
remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or
word in this Ordinance or application thereof to 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 that it would have passed such remaining portions of this Ordinance
despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
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 hereof shall be fined, upon
conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed each day
during or on which a violation occurs or continues. The penalty provided by this section
shall be cumulative of all other penalties allowed by law, including without limitation, civil
remedies available for enforcement of this Ordinance.
ORD 2018-27 P&Z Page 3 of 4
SECTION 6.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of
the Texas Local Government Code.
SECTION 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 13th day of November 2018.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
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Holly Fimbres, Town Secretary co
Town of Trophy Club, Texas P`
APPR�VED T' AS FORM:
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J. liIv : :odd Ill, Town Attorney
Tdn of Trophy Club, Texas
ORD 2018-27 P&Z Page 4 of 4