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Agenda Packet TC 07/18/2005Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, July 18, 2005 6:00 P.M. A.1 Call to order and announce a quorum. A.2 EDC B call to order and announce a quorum. A.3 EDC Task Force to present their Mission Statement and their vision for Trophy Club's future to the Town Council. A.4 Discuss and take appropriate action in regard to a Resolution to allow participants in economic incentives for the development of Trophy Wood Business Center, (PD-25). A.5 EDC B to adjourn. B.1 Invocation. B.2 Pledge of allegiance to the American Flag, lead by Roanoke/Trophy Club Boy Scout Troop 328. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." B.3 Discuss and take appropriate action in regard to a Proclamation to recognize outstanding achievement by the Roanoke/Trophy Club Boy Scout Troop 328, who represents our town and who by their participation in the Boy Scouts of America, bring high honor to the Town and to all of our residents; recognizing and congratulating them on their achievements of the Eagle Scout Award. B.4 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: New Employee - Jim Buxton, Financial Analyst RFP Updates - Auditor and Banking Services Community Development: Indian Creek Road Construction Miscellaneous Road Repairs Building Permits Svore Municipal Building Additions Public Works Advisory Group Volunteers Planning and Zoning: Gas Well Fracing Update Regency Realty Corporation (PD21) Signage Police and Fire Services: National Night Out Public Safety Advisory Committee update on: Street Pedestrian and Bicycle Striping Project B.5 Citizen presentations: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. B.6 Items for Future Agenda. 1. Tax abatement policy. 2. Pilot project for street striping. 3. Discussion and direction to staff for an ordinance and policies regarding parkland dedication, parkland standards and money in lieu of dedication. 4. Long term capital project list, projected fiscal impact and surveys for resident input on potential projects. 5. Discussion and appropriate action regarding proceeding with electronic signs and contribution from developer. C.1 Public Hearing - Town Council to conduct a Public Hearing relative to the following: An Ordinance regulating Fencing, Retaining Walls and Screening Standard Regulations. D.1 Discuss and take appropriate action regarding an Ordinance regulating Fencing, Retaining Walls and Screening Standard Regulations. D.2 Discuss and take appropriate action regarding the potential reconsideration by Council of the passage of Resolution Number 2005-14: A. Discuss and take appropriate action regarding the method used for evaluating applicants for appointments to commissions and boards. B. Discuss and take appropriate action regarding Resolution No. 2005-14 appointing citizens to four seats on the Planning and Zoning Commission. D.3 A. Receive nominations for appointment to Economics Development Corporation 4A. B. Discuss and take appropriate action regarding a Resolution appointing citizens to three (3) seats on EDC 4A. D.4 A. Receive nominations for appointment to Economic Development Corporation 4B. B. Discuss and take appropriate action regarding a Resolution appointing citizens to four (4) seats on EDC 4B. D.5 A. Receive nominations for appointment to the Tree Board. B. Discuss and take appropriate action regarding a Resolution appointing citizens to three (3) seats on the Tree Board. D.6 Discuss and take appropriate action on a National Recreational Trails Fund Grant Agreement funded by the Texas Parks and Wildlife Department. D.7 Discuss and take appropriate action regarding an amendment to Town Ordinance No. 2005-10, adopting a schedule of fees for the Town. D.8 Discuss and take appropriate action authorizing the purchase of a Ford F350 diesel truck to be used by the Community Development for street repairs and maintenance with the first payment due in fiscal 2005-06. D.9 Consent Agenda: Discuss and take appropriate action regarding an Ordinance, repealing Ordinance Nos. 1987-06 and 1997-05, relating to flood damage prevention, and adopting new rules, regulations and standards regarding flood damage prevention within the Town. D.10 Consent Agenda: Discuss and take appropriate action regarding a Resolution to appoint a Town Secretary. D.11 Consent Agenda: Town Council to discuss and take appropriate action regarding the Settlement Agreement in the lawsuit of Perfection Homes Inc., and Mark Carr v. Town of Trophy Club, Cause No. 2003-50345-367. D.12 Consent Agenda: Discuss and take appropriate action to approve financials dated June 2005. D.13 Consent Agenda: Discuss and take appropriate action to approve Minutes dated June 20, 2005. D.14 Additional Information for Council E.1 Ways and Means call to order. E.2 Joint Budget Workshop: Town Council and Ways and Means to review preliminary 2005/06 operating and capital budgets. E.3 Ways and Means to adjourn. F.1 Adjourn. COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.A.1 Call to order and announce a quorum. (lr) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.A.2 EDC B call to order and announce a quorum. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lr) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.A.3 EDC Task Force to present their Mission Statement and their vision for Trophy Club's future to the Town Council. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: For discussion only, no action to be taken. (lr) Attachments: 1. None COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.A.4 Discuss and take appropriate action in regard to a Resolution to allow participants in economic incentives for the development of Trophy Wood Business Center, (PD- 25). EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lr) Attachments: 1. Resolution TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AND THE TROPHY CLUB ECONOMIC DEVELOPMENT CORPORATION 4B, REPEALING RESOLUTION NO. 2003-04 AND AUTHORIZING AN ECONOMIC DEVELOPMENT AGREEMENT WITH MIDWEST COMMERCIAL REALTY; DESIGNATING TERMS OF THE AGREEMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas, recognizes the need to attract and retain economic development projects; WHEREAS, the construction of community property such as restaurants and hotels as proposed by Midwest Commercial Realty (hereinafter “Project”) will promote new and expanded business development, which will be beneficial to the Town, and will also increase the sales tax revenue to the Town and the EDC4B; WHEREAS, Midwest Commercial Realty is currently in negotiations with a national hotel chain on a proposed project on the site; WHEREAS, the EDC4B currently has funds available for the proposed Project and has agreed to funding as specified in Exhibit “A”, a copy of which is attached hereto and incorporated herein; and WHEREAS, the EDC4B and the Town of Trophy Club believe it to be in the best interests of the Town of Trophy Club and its’ residents to pursue the Project with funding specified in Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1: That the Town Council of the Town of Trophy Club authorizes and approves the expenditure of EDC4B funds in the manner outlined on the attached Exhibit “A” and such approval is evidenced by the Mayor’s signature on the document. Section 2: That the subsequent agreement memorializing the terms specified in Exhibit “A” is between Midwest Commercial Realty and the EDC4B, and does not run with the land and is not assignable and terminates at such time that Midwest Commercial Realty ceases to be the principal developer. Such agreement shall contain provisions allowing EDC4B the opportunity to recover funds paid on this Project in the event of breach or default under the agreement by Midwest Realty. Section 3: That a substantial copy of the funding provisions of the agreement between Midwest Commercial Realty and EDC4B is attached hereto as Exhibit “A” and that such amount shall not exceed $100,000. Section 4: That if this development incentive is not initiated within one year of the effective date shown on the attached signature page the agreement automatically terminates. Section 5: That the passage of this Resolution is only an expression of the interest of the Town and of the EDC4B to enter into an agreement with Midwest Commercial Realty and does not evidence a binding obligation on EDC4B or the Town to enter into an agreement to provide funding for the Project unless the nature and quality of such Project is approved for economic development incentives and the terms of such agreement are approved by Town Council. Section 6: That this Resolution shall become effective from and after its date of passage in accordance with law, and it is so resolved. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this ___ day of __________, _____. ____________________________________ Mayor Town of Trophy Club, Texas ________________________________ James Hicks President, Economic Development 4B ATTEST: ___________________________ Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: ___________________________ Town Attorney Town of Trophy Club, Texas EFFECTIVE: _________________ EXHIBIT A Ground Breaking: Fifty Thousand dollars to be paid at the time of ground breaking on any Project expected to produce an annual income of more than $20,000 of combined Town of Trophy Club sales tax, (EDCA, EDCB, and Town) within three years of completion. Second Project: Twenty Five Thousand dollars to be paid at ground breaking on the second Project expected to produce an annual income of more than $20,000 of combined Town of Trophy Club sales tax (EDCA, EDCB, and Town) within three years of completion. Third Project: Twenty Five Thousand dollars to be paid at ground breaking on the third project expected to produce an annual income of more than $20,000 of combined Town of Trophy Club sales tax (EDCA, EDCB, and Town) within three years of completion. Alternative “A”: Total annual sales tax revenue to the Town of Trophy Club including EDCA and EDCB generated by the first project to be rebated after completion of the first year of operation and subsequent years through the end of operation in year four. Total aggregate amount of sales tax rebate will not exceed $50,000 over the entire four-year period nor will it exceed $25,000 in any individual year. Maximum total incentive: The maximum amount of incentive utilizing any combination of the above proposals will not exceed $100,000. Agreement: A final agreement shall be required to memorialize the full and final terms and conditions of the grant of economic development incentives for the Project outlined in this Exhibit “A”. Such agreement shall be subject to Council approval, upon recommendation by the EDC4B, and shall comply with all requirements of law. COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.A.5 EDC B to adjourn. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lr) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.B.1 Invocation. (lr) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.B.2 Pledge of allegiance to the American Flag, lead by Roanoke/Trophy Club Boy Scout Troop 328. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." (lr) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.B.3 Discuss and take appropriate action in regard to a Proclamation to recognize outstanding achievement by the Roanoke/Trophy Club Boy Scout Troop 328, who represents our town and who by their participation in the Boy Scouts of America, bring high honor to the Town and to all of our residents; recognizing and congratulating them on their achievements of the Eagle Scout Award. EXPLANATION: To date Troop 328 has 40 Scouts on the roster. Over the past 20 years Troop 328 has produced 45 Eagle Scouts. 2004/2005 Eagle Scouts Sean Murphy 02/04 Harrison Scoville 04/04 Tyler Simmons 10/04 Mitchell Gries 11/04 Alex Bolls 12/04 Ryan Fowler 05/05 Scout Master Mike Gillham Adult Leaders Andrew Bolls Larry Dew Kyle Fogle Matthew Thomas Carol Fowler Jim Fowler Kenny Herman Lynn Ann Main Sally Michaiak Jill Morrison Dan Rechmeyer Denise Sanchez Diane Spies Linda Streck Danny Thomas Kent Turner Paul Van Gorp Rick Gilliland RECOMMENDATION: ACTION BY COUNCIL: (lr) Attachments: 1. Proclamation TOWN OF TROPHY CLUB, TEXAS PROCLAMATION 2005- A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, TO RECOGNIZE THE LEADERS AND MEMBERS OF BOY SCOUT TROOP 328 WHO REPRESENT OUR TOWN AND THEIR TROOPS; WHO BY THEIR PARTICIPATION AND DETERMININATION BRING HIGH HONOR TO THE TOWN AND ALL OF OUR RESIDENTS; RECOGNIZING AND CONGRATULATING THEM ON THEIR ACHIEVEMENTS FOR EARNING THE EAGLE SCOUT AWARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is fortunate to be home to residents of all ages who participate, lead, coach and in other ways support organized Scouting activities in the Town; and WHEREAS, the Town of Trophy Club is fortunate to have the support of the Troop leaders and the parents who support our scouts in these activities; and WHEREAS, the Town Council of the Town of Trophy Club desires to recognize Troop 328 and the following Scouts for their outstanding achievements and perseverance. NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town of Trophy Club, Texas, recognizes and congratulates the following individuals for their attainment of the Eagle Award as the highest rank that Scouting offers. 1. Sean Murphy 02/04 2. Harrison Scoville 04/04 3. Tyler Simmons 10/04 4. Mitchell Gries 11/04 5. Alex Bolls 12/04 6. Ryan Fowler 05/05 Section 2. That the Town of Trophy Club acknowledges these individuals as having distinguished themselves through their continued, active service in Scouting. Their outstanding effort, their dedication and their commitment to excellence that are the source of high community pride and that have resulted in significant positive recognition for our Town. Section 3. That this Proclamation shall become effective from and after its date of passage in accordance with law. __________________________________________ C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: [SEAL] __________________________________________ Town Secretary Town of Trophy Club, Texas COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.B.4 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: New Employee - Jim Buxton, Financial Analyst RFP Updates - Auditor and Banking Services Community Development: Indian Creek Road Construction Miscellaneous Road Repairs Building Permits Svore Municipal Building Additions Public Works Advisory Group Volunteers Planning and Zoning: Gas Well Fracing Update Regency Realty Corporation (PD21) Signage Police and Fire Services: National Night Out Public Safety Advisory Committee update on: Street Pedestrian and Bicycle Striping Projects COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.B.5 Citizen presentations: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. (lr) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.B.6 Items for Future Agenda. 1. Tax abatement policy. 2. Pilot project for street striping. 3. Discussion and direction to staff for an ordinance and policies regarding parkland dedication, parkland standards and money in lieu of dedication. 4. Long term capital project list, projected fiscal impact and surveys for resident input on potential projects. 5. Discussion and appropriate action regarding proceeding with electronic signs and contribution from developer. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lr) Attachments: 1. None COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 07-18-20057-18- 2005 Subject: Agenda Item No.CC.11 Public Hearing - Town Council to conduct a Public Hearing relative to the following: An Ordinance regulating Fencing, Retaining Walls and Screening Standard Regulations. Public Hearing - Town Council to conduct a Public Hearing relative to the following: An Ordinance regulating Fencing, Retaining Walls and Screening Standard Regulations. EXPLANATION: The Fence Ordinance revision has prompted a re-examination of the Ordinance in general. It is commonplace in most cities to place fence guidelines in the zoning document. In fact, five sections of the current Fence Ordinance are presently in the Town’s zoning ordinance, verbatim. As a result, the guidelines in the current Fence Ordinance have been moved to Section 45 of the zoning ordinance, entitled “Screening & Fencing”. The following draft of a new Section 45 relates to fencing, retaining walls and screening. Following is a summary of the changes: The definitions pertaining only to fences will be added to the Definitions section of the Zoning Ordinance. Definitions that no longer appear in the text have been deleted. New definitions have been added to define new materials. A. Purpose: Section generally remains the same; reference to retaining walls has been added. B. Fences: Section pertains to height and where measurement is taken. Total height increased to 8 feet. C. Location: Section broken down into subsections for: Front Elevation remains the same Side Yard remains the same Parallel Fences, added (c) Golf Course Lots remains the same***total height of 6 feet left intentionally*** Public Park Lots added – matches the requirements of golf course lots Perimeter Fencing generally remains the same – the section is in both the current Fence Ordinance as well as the current Section 45 of the Zoning Ordinance D. Materials: New section broken out into Acceptable and Prohibited. Scope of materials is larger than present standards in order to provide residents with a wider variety of materials to choose from. E. General Construction Requirements: Section remains the same. F. Construction Requirements for Pre-Cast Concrete Fences: New section added requiring pre-cast fences to be designed by professional engineer. G. Animal Runs: Section generally remains the same; Maintenance section defined. H. Retaining Walls: Additional permitting criteria added; materials expanded; maintenance clarified; survey requirement added. I. Inspection: Section remains the same. J. Screening Standards: Section remains the same – the section is in both the current Fence Ordinance as well as the current Section 45 of the Zoning Ordinance. K. Non-Living Screening: Section remains the same – the section is in both the current Fence Ordinance as well as the current Section 45 of the Zoning Ordinance. L. Maintenance and Repair of Non-Living Material: Section remains the same – the section is in both the current Fence Ordinance as well as the current Section 45 of the Zoning Ordinance. M. Living Screening: This section remains the same – the section is in both the current Fence Ordinance as well as the current Section 45 of the Zoning Ordinance. N. Maintenance of Living Material: Section remains the same – the section is in both the current Fence Ordinance as well as the current Section 45 of the Zoning Ordinance. O. Additional Screening, Fencing, Landscaping: Section remains the same – the section is in both the current Fence Ordinance as well as the current Section 45 of the Zoning Ordinance. P. Special Exception: Section replaces current waiver provision. This section designates the Zoning Board of Adjustment to hear and take action on Fence/Retaining Wall and Animal Run exceptions. The process will not require a public hearing and will only be one step for the applicant, instead of the current two-step process of the Commission and then the Town Council. The fee will remain the same as it is presently and is addressed in the Town’s Fee Schedule. (kcf) Attachments: 1. Information Memorandum 2. Ordinance TOWN OF TROPHY CLUB ORDINANCE NO. 2005 - __ P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2005-14 P&Z, THE SAME BEING AN AMENDMENT TO TOWN ORDINANCE NO. 2000-06 P&Z, BY AMENDING PARAGRAPH A(1)(d) OF ARTICLE 5, SECTION 35, ENTITLED “ACCESSORY STRUCTURES”; AND REPEALING ORDINANCE NO. 2002-42 IN ITS ENTIRETY AND AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING ARTICLE 2, SECTION 10 OF ORDINANCE NO. 2000-06 ENTITLED “GENERAL DEFINITIONS” TO PROVIDE DEFINITIONS RELATING TO FENCING; AND BY REPEALING ARTICLE 7, SECTION 45, OF ORDINANCE NO. 2000-06, ENTITLED "SCREENING & FENCING", IN ITS ENTIRETY AND ADOPTING A NEW SECTION 45 OF ORDINANCE NO. 2000-06 ENTITLED “FENCING, RETAINING WALLS & SCREENING”; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING A PURPOSE; PROVIDING PERMIT REQUIREMENTS FOR FENCES; PRESCRIBING CRITERIA FOR LOCATION; PROVIDING CRITERIA REGULATING ACCEPTABLE AND PROHIBITED MATERIALS; ESTABLISHING GENERAL CONSTRUCTION REQUIREMENTS; PRESCRIBING CONSTRUCTION REQUIREMENTS FOR PRE-CAST CONCRETE FENCES; PRESCRIBING CRITERIA FOR ANIMAL RUNS, INCLUDING PERMIT REQUIREMENTS AND TYPE OF OUTDOOR ANIMAL RUN AND CONSTRUCTION; PRESCRIBING CRITERIA FOR RETAINING WALLS, INCLUDING PERMIT, HEIGHT, LOCATION, MATERIALS, MAINTENANCE AND SURVEY REQUIREMENTS; ESTABLISHING INSPECTION GUIDELINES; PROVIDING REGULATIONS GOVERNING SCREENING STANDARDS FOR FENCES, WALL AND HEDGES; PROVIDING STANDARDS FOR NON-LIVING SCREENING; PROVIDING FOR THE MAINTENANCE AND REPAIR OF NON- LIVING MATERIALS; PROVIDING STANDARDS FOR LIVING SCREENING; PROVIDING FOR THE MAINTENANCE OF LIVING MATERIAL; PROVIDING CRITERIA FOR ADDITIONAL SCREENING, FENCING AND LANDSCAPING; ESTABLISHING CRITERIA FOR SPECIAL EXCEPTIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING 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 A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, on March 21, 2000, the Town adopted Ordinance No. 2000-06 P&Z, the same being the Comprehensive Zoning Ordinance (hereinafter referred to as “CZO”) for the Town; and WHEREAS, on December 2, 2002, the Town adopted Ordinance No. 2002-42 P&Z, an Ordinance establishing regulations governing the construction, regulation and permitting of Fences and Retaining Walls; and WHEREAS, both Ordinance Nos. 2000-06 P&Z and 2002-42 P&Z contained criteria for fences, retaining walls and screening; and WHEREAS, in an effort to ensure that all Town Ordinance provisions are easily accessed by the public, staff has determined it appropriate to amend Ordinance No. 2000-06 P&Z, and repeal Ordinance No. 2002-42 P&Z, in its entirety to include all criteria relating to Fences, Retaining Walls and Screening in the CZO, under Section 45 of Article 7, entitled “Fences, Retaining Walls and Screening”; and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to amend the Comprehensive Zoning Ordinance came before the Planning & Zoning Commission and the Town Council; and WHEREAS, 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, the Planning & Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to the Comprehensive Zoning Ordinance as set forth in this Ordinance; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT Ordinance No. 2000-06 P&Z, of the Town of Trophy Club, Texas, the same being the Town’s Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: Article 5, Section 35 – Accessory Structures, (A)(1)(d) is amended as follows: d. An accessory use shall not be located within any identified easement. In addition, accessory structures permitted in these districts shall not exceed one story in height, except for storage/utility structures which shall not exceed six eight feet (6’8’) in height. Article 2, Section 10 – General Definitions is amended as follows: Animal Run: A structure or barrier for the purpose of containing a dog or other animal as authorized in the Town’s Animal Control Ordinance. Barrier: A fence, wall, building wall or combination thereof which completely surrounds a swimming pool or spa and obstructs or restricts access to such swimming pool or spa. Architectural Grade Metal: A non-flat, non-reflective metal panel specifically designed for the use as a fence. Building Official: The Building Official for the Town of Trophy Club, Texas or his or her designee. Colored and Embossed Poured-in-Place Concrete: A site constructed concrete panel with a raised design and colored to complement the surrounding structures. Design shall encompass eighty (80) percent of the wall facing and shall be installed on both sides of the wall. Concrete Masonry Unit with Facing: A manufactured concrete masonry unit with a facing that is designed to resemble cut stone. Facing shall be installed on both sides of the unit. Decorative Pre-Cast Embossed Concrete: A pre-cast concrete panel with a raised design. Design shall encompass eighty (80) percent of the wall facing and shall be installed on both sides of the wall. The use of corrugated tin shall not be allowed to constitute a design. Dilapidated: The condition of a building or structure that has fallen into a state of disrepair, ruin or decay as to render it a menace to public safety such that it promotes fires or houses rodents or insects. Facing: A veneer of masonry material with the appearance of brick, stucco, limestone or other materials similar to the foregoing that may be applied to the surface of a building or structure. Fence: Any wall or structure more than three feet (3’) in height constructed or placed for the purpose of enclosing, screening, restricting access, or decorating any real property, building or structure. In no event shall “fence” mean any wall or structure constructed or placed in the front yard of a residence. Maintenance: The All work necessary or appropriate to of keeping a building or structure in proper condition and in compliance with this Ordinance or other applicable law, codes or regulations. Masonry Materials: Materials that shall include stone, brick, faux stone or brick, and concrete masonry units with decorative facing. Opaque: A fence material that is impenetrable by light; neither transparent nor translucent. Planning & Zoning Administrator/Coordinator: Shall mean the Planning & Zoning Manager of the Town of Trophy Club Texas, or his or her designee. Picket Fence: Any fence, which has any two (2) adjacent slats or pickets more than one-half inch (½”) apart. Repair: The reconstruction or renewal of any part of an existing building or structure for the purpose of maintenance Retaining Wall: A wall designed to resist the lateral displacement of soil or other materials; said materials being substantially equal in height to the height of the wall. Screening: To conceal an object from public view by means of landscaping materials or an opaque fence. Vinyl Fence: A prefabricated fence made of PVC plastic that imitates a variety of fence designs, including board, rail, picket, lattice, and wrought iron. Wrought Iron: A manufactured metal fencing material designed to resemble hammered iron. Wood Rail Fence: A fence made of wood, typically with vertical support posts and horizontal wooden posts or split rails. The horizontal rails typically consist of two or three parallel rails with open space between the rails. Article 7, Section 45 – Screening & Fencing is amended as follows: SECTION 45 – SCREENING AND FENCING, RETAINING WALLS & SCREENING A. Purpose: In order Tto encourage the most appropriate use of land and to conserve and protect the privacy and value of adjacent permitted uses, regulations are prescribed herein for the location and type of various screening devices and retaining walls to be used when required or allowed in the various zoning districts or in this Section in accordance with the following standards. Provided, however, that nothing in this Section shall be deemed to repeal any provision of the Town fence ordinance, and all provisions of said ordinance shall be compiled with and are hereby ratified, verified, approved, and affirmed. No fence shall be constructed in violation of any of the regulations contained herein B. Fences: 1. Permit Requirement: It shall be unlawful for any person, corporation, partnership or other legal entity to place, construct or have constructed any type of new fence without having first secured a permit for the placement or construction of the same from the Town’s Permitting Department. Each permit shall be valid for a period of ninety (90) days from the date of issuance, during which time the construction must be completed and final inspection requested. This ninety (90) day time limitation shall not apply to fence permits applied for by homebuilders at the same time they apply for a residential building permit. Fence permits applied for in conjunction with residential building permits shall be valid until the house has passed it’s final inspection by the Building Official or his designated representative. a. Maintenance/Replacement: A permit shall be required for the maintenance of at least thirty percent (30%) of a fence fronting or facing any right-of-way or roadway. A permit shall not be required for the maintenance of a fence which does not front or face any right-of-way or roadway. Additionally, fences shall be maintained according to the requirements set forth in Section L - Maintenance & Repair of Non-Living Materials, of this Ordinance. 21. Height Requirements: The height of the fence shall be taken from the inside of the fence on the property aton which it is installed and shall be measured from the natural grade of the ground to the top of the fence if there is no retaining wall. In the event that a retaining wall is utilized, the fence shall be measured from the upper most surface of the retaining wall. a. Front, Side & Rear Yards: Eight feet (8’) is the , maximum height allowed for front, side and rear yard fences, except as otherwise provided in Section C - Location, (4)(a) and (5)(a), of this Ordinance. C. Location: No fence shall be constructed in a manner that obstructs proper visual clearance for vehicular traffic. 1. Front Elevation: All fences shall be located a minimum of Tten feet (10’) behind the front elevation of the primary structure. 2. Side Yard Adjacent to Side Street: Side yard fences shall be located Wwithin the side yard building setback, and shall not extend beyond the building line of the side yard adjacent to a side street. 3. Parallel Fences: Fences shall not be constructed parallel to and within twenty feet (20’) from an existing fence, with the following exceptionsexcept where the following conditions exist. A fence:: a. Surrounding a transformer; b. Providing a barrier for pools and spas as required by applicable law; c. The fenceThat shares a common post with the an existing fence; 4. Golf Course Lots: a. All fences on lots facing or abutting a golf course lots shall be constructed of ornamental metal and shall be a minimum of four feet (4’) and a maximum of six feet (6’) in height. 5. Public Park Lots: a. All fences on lots facing or abutting a public park or other land designated for public recreational purposes shall be constructed of ornamental metal and shall be a minimum of four feet (4’) and a maximum of six feet (6’) in height.. 65. Perimeter Fencing: Perimeter fencing along the official Town boundary line shall be provided allowed according to the following requirements: a. A decorative masonry or ornamental wall or wood fence consisting of masonry posts at eight foot (8’) intervals with sealed Western Red Cedar Welco wooden insets or equivalent, shall be constructed on property lying along the perimeter boundary Town Limits line of the Town in conjunction with development of that property, unless otherwise provided in this ordinance. b. The extent to which fencing or walls are constructed shall be determined by the Planning and Zoning Commission upon consideration of a sSite Plan submitted as part of a zoning specific request and upon the submission tting of appropriate documentation material. c. b. Where a tract of land has been platted or is owned under single ownership or under single control, which tract of land touches any part of the perimeter or corporate limits of the Town, Tthe owner, subdivider or developer of that a tract of land to which this Section applies shall have the sole responsibility to build, erect or place a continuous wall or fence at least eight feet (8’) in height along the perimeter of the boundary of the subdivision or the perimeter of the corporate boundary of the Town. Such fence or wall shall be erected simultaneously with the commencement of construction of at the time any street improvements are constructed within the subdivision, at the commencement of any other construction, or upon the development of any kind upon the said such tract of land. This provision applied where a tract of land has been platted or is owned under single ownership or under single control, and where such tract of land touches any part of the perimeter or corporate limits of the Town. d. c. Construction material for the extension and design of perimeter fences shall be subject to the approval of the Town Council, upon recommendation by the Planning and Zoning Commission as part of a Site Plan submitted as part of a zoning request and upon the submission of appropriate documentation. i. Maintenance: Following the installation and final acceptance of a Town boundary or perimeter fence installed by the owner, subdivider or developer of a tract of land, the property owner shall have the sole responsibility of maintaining such fence. Perimeter fences shall be maintained according to the requirements set forth in Section L - Maintenance & Repair of Non-Living Materials, of this Ordinance. D. Materials: 1. Acceptable Materials: a. Brick, stone, wrought iron or wood are allowed in accordance with the requirements of the applicable zoning district. b. Architectural-grade metal, decorative pre-cast embossed concrete, concrete masonry unit with decorative facing, colored and embossed poured-in-place concrete, a combination thereof, vinyl or similar materials shall be submitted for consideration to the Planning & Zoning Coordinator or their designee prior to fence permit approval. i. Prior to the approval of items listed in D(1)(b) above, detailed plans indicated the height, width, and design shall be submitted for review and approval. Additional information shall be provided to substantiate compliance if requested. 2. Prohibited Materials: Unless specifically provided in D(1)(a)&(b) above, all other materials shall be prohibited. E. General Construction Requirements: All requirements of the International Residential Code, and all amendments thereto, 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. 1. A fence shall not be constructed in a manner which alters the natural drainage or existing planned drainage of the land or the surrounding land upon which it is constructed. 2. In order to allow for entrance and exit of fire and police department personnel, each fence must contain at least one (1) gate not less than three feet (3’) wide. 3. Fences constructed, repaired or maintained on common street rights-of-way and property lines in all subdivisions shall have the finished side of the fence facing the street. Fences on interior lot lines that are not common facing with street rights-of- way shall be constructed with the finished side faced according to the discretion of the property owner constructing the fence. F. Construction Requirements for Pre-cast Concrete Fences: All Pre-cast concrete fences shall be designed by a professional engineer licensed by the State of Texas. G. Animal Runs: A permit is required for the construction of an outdoor animal run for the containment of a dog or other animal authorized in the Town’s Animal Control Ordinance. Such outdoor animal run shall be for the sole purpose of containing an authorized animal. 1. Construction Requirements: a. The animal run shall be fully contained within an opaque privacy fence; b. The animal run shall be constructed only of: i. Top-rail galvanized chain link fencing with a gauge of 11½, 12½ or 14 inches and posts, or ii. Ornamental iron. c. The animal run shall not: i. Have metal or fiberglass roofing; ii. Exceed eight feet (8’) or the height of the perimeter fence; iii. Shall not be visible from any public right-of-way. d. Maintenance: Animal runs shall be maintained according to the requirements set forth in Section L - Maintenance & Repair of Non-Living Materials, of this Ordinance. H. Retaining Walls: A retaining wall permit shall be required for any such wall four feet (4’) or higher, or for any such retaining wall height as required by the most recent adopted version of the International Building Code, whichever is more restrictive. 1. Permit Requirements: Permit applications for retaining walls must be accompanied by a site plan indicating the following: a. The location of all existing and planned structures on the subject property and the approximate locations of all structures on adjoining property within one hundred feet (100’); and b. Height of all structures; and c. The location of all existing building lines, easements, watercourses, etc.; and d. Additional information as required by the Building Official. 2. Height Requirement: For the purpose of this Ordinance, the height of a retaining wall shall be determined by measuring the bottom of the footing to the top of the wall. a. Any retaining wall exceeding four feet (4’) in height must be a structurally engineered wall. Only the seal of a professional engineer licensed by the State of Texas will be accepted. b. Retaining walls below four feet (4’) in height, as measured by the requirements of this Ordinance shall not require a permit, unless the retaining wall is located within a drainage easement, floodplain, floodway or other watercourses. In such case, the permit requirements of this Section H shall apply. 3. Location: Retaining walls located along public roadways must provide sufficient area between the retaining wall and the roadway for landscaping to be provided between the retaining wall and the roadway and must be in compliance with the Town’s Sight- Visibility requirements, located in the Appendix of the Zoning Ordinance. 4. Materials: a. Acceptable Materials: Concrete, pavestone, stone, or brick materials shall be allowed for the construction of retaining walls. Other materials similar to the foregoing, including some types of man-made materials may be allowed if such materials are suitable to maintain appearance, soundness, safety, and resistance to decay or weather. Such materials shall be approved the Planning & Zoning Coordinator or their designee prior to permit approval. All retaining walls constructed of formed concrete, concrete block, cinder block or similar materials shall have facing added to their exposed surface(s). b. Prohibited Materials: The use of treated railroad type cross-tie material, wood of shape and dimension resembling railroad cross-ties or landscape timbers is prohibited for new construction and is also prohibited for replacement work if more than thirty percent (30%) of an existing retaining wall must be replaced or is being replaced. 5. Maintenance: Retaining Walls must be maintained in their original design, placement and structural integrity. 6. Survey Required: Following the issuance of any permit by the Town for retaining walls a minimum of four feet in height (4’), and prior to the inspection by the Town of such retaining wall, the applicant shall submit to the Town a Forms Survey as approved by the Building Official. Such survey shall be prepared by a registered and licensed professional surveyor, and shall: a. Locate all easements, including underground easements, roads, streets, alleys, and other right-of-ways or watercourses, and building set-back lines and other matters located on or affecting the property; and b. Show all proposed and existing improvements (such as buildings, power lines, fences, etc.), and c. Show any portion of the property within any floodplain, floodway or other watercourses. I. Inspection: During construction and/or installation of a fence, retaining wall or outdoor animal run for which a permit is required, the property owner shall contact the Permitting Department to request all required inspections. Failure to request any required inspection shall be a violation of this Ordinance. The Building Official shall “pass” the inspection if the structure meets with the requirements of the Ordinance, or “fail” the inspection for defects in construction, materials or procedure. The property owner shall remedy all defects specified in the failure notice and call for a re-inspection, prior to the expiration of the permit. GJ. Screening Standards: Fences, walls and dense landscaped hedges or plantings are permitted in any zoning district as a screening element; however, such screening elements shall conform to the restrictions set forth herein. The following screening standards shall be compiled with: K. Non- Living Screening: 1. Non- living screening, as herein referred, shall mean any material constructed of masonry, or of a concrete or metal frame, or wood base which supports a permanent type material, the vertical surface of which is not more than thirty percent (30%) open; or 2. A solid fence. 3.2. Where a non-residential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be solidly fenced to a height of eight feet (8’) by the non-residential use with a wall of masonry construction, unless other material has been approved by the Town Council upon recommendation of the Planning and Zoning Commission, so as to obscure the view from the residential lot, use or district to the non-residential use. The developer of the non-residential property shall erect the fence or wall required by this Section. Where the district boundary dividing a residential district from a non-residential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the non-residential use, the said parking lot or parking area facing the residential lot, use or district shall be suitably screened with a wall of masonry construction, unless other material has been approved by the Town Council upon recommendation of the Planning and Zoning Commission, to a height of not less than four feet (4’). 34. In non-residential areas, garbage, refuse and trash collection/storage areas shall be gated and fully screened from public view by a masonry fence or wall of at least eight feet (8’) in height. 45. Off-street loading areas shall be adequately screened from the public view of any residential dwelling and from any other adjacent land use, as indicated in Section 50 - Parking and Loading Area Development Standards for Non-Residential Uses, item D. 56. In allny districts, exterior appliances and equipment shall be screened so as not to be visible from any street. All utility and mechanical equipment shall be screened with a masonry fence or wall, unless other material has been approved by the Town Council upon recommendation of the Planning and Zoning Commission.Planning & Zoning Coordinator. L. Maintenance and Repair of Non-Living Material: All required screening materials shall be maintained and repaired in a neat and orderly manner at all times. Screening areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the screening or landscaping. Fences, walls and animal runs must be maintained in their original design and placement. The maintenance and repair of any fences, wall or animal runs shall be constructed of the same materials as the existing fence, wall or animal run. M. Living Screening: 1. Any dense evergreen hedge or plant material suitable for providing an opaque visual barrier, for which such material shall be maintained in a healthy growing condition. 62. On lots abutting a golf course or public parks in residentially zoned areas, dense evergreen hedges or plant material screening along the golf course or park shall be limited to a the maximum height of the six feet (6’)fence and shall meet all other requirements of this Ordinance. 38. No screening element shall be constructed, erected, placed, planted or maintained in such position or location so as to be dangerous or detrimental to the health or safety of persons, or in any way obstruct the view so as to constitute a traffic hazard to or on any public or private street or driveway. Provided, however, that the natural existing terrain which cannot be removed by reasonable landscaping techniques, including retaining walls constructed below or at the same grade of said natural existing terrain, shall be excluded from the objects otherwise prohibited. 94. Landscaped earth berms may, when appropriate in scale, be used as a screening element in conjunction with a fence, wall, hedge or other dense planting material. 105. Fences, Walls, Hedges: With the exception of otherExcept as otherwise restricted by the provisions of this Oordinance, fences, walls, and hedges may be permitted in any required rear or side yard, or along the edge of any such yard as a screening, decorative or containment element, and shall not exceed a maximum of eight feet (8’) not to exceed six feet in height, provided and the following requirements shall also apply be observed: a. Nothing shall be erected placed, planted or maintained on a corner lot or parkway adjacent thereto so as to interfere with the visual line of sight at an elevation between two and one-half feet (2-1/2') and eight feet (8') above the top of the adjacent street curb, or if there is no curb then from the average street grade, within a triangular area formed by the intersection of the adjacent street right-of-way lines and a line formed by connecting a point thirty-five feet (35’) from the street intersection on one street right-of-way line with a corresponding point on he other street right-of-way line. Any object so erected, placed, planted or maintained shall be a prima facie evidence that said object, or combination of objects, is an obstruction constituting a traffic hazard. b. At Interior Lots: On an interior lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision or in any way create a traffic hazard to motorists, whether the impediment includes entering or exiting any public highway, street, alley or private street or highway, driveway from or to adjacent private property. c. Any object or combination of objects placed, planted or maintained in violation of this Oordinance, shall be removed upon written notice by certified mail from the Town’s Planning and Zoning OfficialCoordinator, or their representative, to the owner, agent or occupant of the premises or property where such obstruction has been erected, placed, planted or maintained. d. Railroad cross-ties and landscape timber shall not be allowed as construction material. N. Maintenance of Living Material: All screening materials shall be maintained and repaired in a neat and orderly manner at all times. This shall include, but not be limited to pruning, fertilizing, watering, mowing, weeding, and other such activities common to the maintenance of landscaping. Appropriate facilities for watering any plant material shall be installed at time of planting. Screening areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the screening or landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. All plant material which dies shall be replaced with plant material of similar variety and size. JO. Additional Screening, Fencing, Landscaping: The Planning and Zoning Commission may recommend and the Town Council may require screening, fencing and landscaping requirements on any zoning case in addition to or in lieu of screening or fencing requirements set out specifically in each use district when the nature and character of surrounding or adjacent property dictates a need to require such devices in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general. P. Special Exception: The Zoning Board of Adjustment shall have the power to grant a Special Exception waiving or modifying these regulations where the literal enforcement of this Ordinance would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and would be in accordance with the spirit of this Ordinance. A public hearing is not required for Zoning Board of Adjustment consideration of a Special Exception under this Section. 1. For the purpose of this Ordinance, the following are established as general conditions, ALL of which are to be met upon the granting of any special exception. a. No diminution in value of surrounding properties would be suffered; and b. Granting the permit would be of benefit to the public interest or surrounding properties; and c. Denial of the permit would result in unnecessary hardship to the owner seeking it;; and d. A zoning restriction as applied to the owner’s property interferes with the reasonable use of the property, considering the unique setting of the property in its environment; and e. By granting the permit, substantial justice would be done; and f. The use must not be contrary to the spirit of the Ordinance. 2. The burden of demonstrating that all general conditions have been met and that a Special Exception is appropriate is upon the person requesting the Special Exception. The Zoning Board of Adjustment may require a person requesting a Special Exception to provide proof as the Board determines necessary and appropriate for the Board to evaluate the application for Special Exception. SECTION 3. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting Fences, Retaining Walls and Screening regulations which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 4. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance; provided, however, that Ordinance Nos. 2000-06 P&Z and 2004-02 P&Z are hereby repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to Ordinance Nos. 2000-06 P&Z and 2004-02 P&Z on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance 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 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. SECTION 6. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase 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 it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 7. 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 8. ENGROSSMENT & ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 9. 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 18th day of July, 2005. Mayor Town of Trophy Club, Texas Effective Date: [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas TOWN OF TROPHY CLUB ORDINANCE NO. 2005 - __ P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2005-14 P&Z, THE SAME BEING AN AMENDMENT TO TOWN ORDINANCE NO. 2000-06 P&Z, BY AMENDING PARAGRAPH A(1)(d) OF ARTICLE 5, SECTION 35, ENTITLED “ACCESSORY STRUCTURES”; AND REPEALING ORDINANCE NO. 2002-42 IN ITS ENTIRETY AND AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING ARTICLE 2, SECTION 10 OF ORDINANCE NO. 2000-06 ENTITLED “GENERAL DEFINITIONS” TO PROVIDE DEFINITIONS RELATING TO FENCING; AND BY REPEALING ARTICLE 7, SECTION 45, OF ORDINANCE NO. 2000-06, ENTITLED "SCREENING & FENCING", IN ITS ENTIRETY AND ADOPTING A NEW SECTION 45 OF ORDINANCE NO. 2000-06 ENTITLED “FENCING, RETAINING WALLS & SCREENING”; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING A PURPOSE; PROVIDING PERMIT REQUIREMENTS FOR FENCES; PRESCRIBING CRITERIA FOR LOCATION; PROVIDING CRITERIA REGULATING ACCEPTABLE AND PROHIBITED MATERIALS; ESTABLISHING GENERAL CONSTRUCTION REQUIREMENTS; PRESCRIBING CONSTRUCTION REQUIREMENTS FOR PRE-CAST CONCRETE FENCES; PRESCRIBING CRITERIA FOR ANIMAL RUNS, INCLUDING PERMIT REQUIREMENTS AND TYPE OF OUTDOOR ANIMAL RUN AND CONSTRUCTION; PRESCRIBING CRITERIA FOR RETAINING WALLS, INCLUDING PERMIT, HEIGHT, LOCATION, MATERIALS, MAINTENANCE AND SURVEY REQUIREMENTS; ESTABLISHING INSPECTION GUIDELINES; PROVIDING REGULATIONS GOVERNING SCREENING STANDARDS FOR FENCES, WALL AND HEDGES; PROVIDING STANDARDS FOR NON-LIVING SCREENING; PROVIDING FOR THE MAINTENANCE AND REPAIR OF NON- LIVING MATERIALS; PROVIDING STANDARDS FOR LIVING SCREENING; PROVIDING FOR THE MAINTENANCE OF LIVING MATERIAL; PROVIDING CRITERIA FOR ADDITIONAL SCREENING, FENCING AND LANDSCAPING; ESTABLISHING CRITERIA FOR SPECIAL EXCEPTIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING 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 A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, on March 21, 2000, the Town adopted Ordinance No. 2000-06 P&Z, the same being the Comprehensive Zoning Ordinance (hereinafter referred to as “CZO”) for the Town; and WHEREAS, on December 2, 2002, the Town adopted Ordinance No. 2002-42 P&Z, an Ordinance establishing regulations governing the construction, regulation and permitting of Fences and Retaining Walls; and WHEREAS, both Ordinance Nos. 2000-06 P&Z and 2002-42 P&Z contained criteria for fences, retaining walls and screening; and WHEREAS, in an effort to ensure that all Town Ordinance provisions are easily accessed by the public, staff has determined it appropriate to amend Ordinance No. 2000-06 P&Z, and repeal Ordinance No. 2002-42 P&Z, in its entirety to include all criteria relating to Fences, Retaining Walls and Screening in the CZO, under Section 45 of Article 7, entitled “Fences, Retaining Walls and Screening”; and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to amend the Comprehensive Zoning Ordinance came before the Planning & Zoning Commission and the Town Council; and WHEREAS, 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, the Planning & Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to the Comprehensive Zoning Ordinance as set forth in this Ordinance; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT Ordinance No. 2000-06 P&Z, of the Town of Trophy Club, Texas, the same being the Town’s Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: Article 5, Section 35 – Accessory Structures, (A)(1)(d) is amended as follows: d. An accessory use shall not be located within any identified easement. In addition, accessory structures permitted in these districts shall not exceed one story in height, except for storage/utility structures which shall not exceed eight feet (8’) in height. Article 2, Section 10 – General Definitions is amended as follows: Animal Run: A structure or barrier for the purpose of containing a dog or other animal as authorized in the Town’s Animal Control Ordinance. Architectural Grade Metal: A non-flat, non-reflective metal panel specifically designed for the use as a fence. Building Official: The Building Official for the Town of Trophy Club, Texas or his or her designee. Colored and Embossed Poured-in-Place Concrete: A site constructed concrete panel with a raised design and colored to complement the surrounding structures. Design shall encompass eighty (80) percent of the wall facing and shall be installed on both sides of the wall. Concrete Masonry Unit with Facing: A manufactured concrete masonry unit with a facing that is designed to resemble cut stone. Facing shall be installed on both sides of the unit. Decorative Pre-Cast Embossed Concrete: A pre-cast concrete panel with a raised design. Design shall encompass eighty (80) percent of the wall facing and shall be installed on both sides of the wall. The use of corrugated tin shall not be allowed to constitute a design. Dilapidated: The condition of a building or structure that has fallen into a state of disrepair, ruin or decay as to render it a menace to public safety such that it promotes fires or houses rodents or insects. Facing: A veneer of masonry material with the appearance of brick, stucco, limestone or other materials similar to the foregoing that may be applied to the surface of a building or structure. Fence: Any wall or structure more than three feet (3’) in height constructed or placed for the purpose of enclosing, screening, restricting access, or decorating any real property, building or structure. Maintenance: All work necessary or appropriate to keep a building or structure in proper condition and in compliance with this Ordinance or other applicable law, codes or regulations. Masonry Materials: Materials that shall include stone, brick, faux stone or brick, and concrete masonry units with decorative facing. Opaque: A fence material that is impenetrable by light; neither transparent nor translucent. Planning & Zoning Administrator/Coordinator: Shall mean the Planning & Zoning Manager of the Town of Trophy Club Texas, or his or her designee. Repair: The reconstruction or renewal of any part of an existing building or structure for the purpose of maintenance Retaining Wall: A wall designed to resist the lateral displacement of soil or other materials; said materials being substantially equal in height to the height of the wall. Screening: To conceal an object from public view by means of landscaping materials or an opaque fence. Vinyl Fence: A prefabricated fence made of PVC plastic that imitates a variety of fence designs, including board, rail, picket, lattice, and wrought iron. Wrought Iron: A manufactured metal fencing material designed to resemble hammered iron. Article 7, Section 45 – Screening & Fencing is amended as follows: SECTION 45 –FENCING, RETAINING WALLS & SCREENING A. Purpose: In order to encourage the most appropriate use of land and to conserve and protect the privacy and value of adjacent permitted uses, regulations are prescribed herein for the location and type of various screening devices and retaining walls to be used when required or allowed in the various zoning districts or in this Section in accordance with the following standards. No fence shall be constructed in violation of any of the regulations contained herein. B. Fences: 1. Permit Requirement: It shall be unlawful for any person, corporation, partnership or other legal entity to place, construct or have constructed any type of new fence without having first secured a permit for the placement or construction of the same from the Town’s Permitting Department. Each permit shall be valid for a period of ninety (90) days from the date of issuance, during which time the construction must be completed and final inspection requested. This ninety (90) day time limitation shall not apply to fence permits applied for by homebuilders at the same time they apply for a residential building permit. Fence permits applied for in conjunction with residential building permits shall be valid until the house has passed it’s final inspection by the Building Official or his designated representative. a. Maintenance/Replacement: A permit shall be required for the maintenance of at least thirty percent (30%) of a fence fronting or facing any right-of-way or roadway. A permit shall not be required for the maintenance of a fence which does not front or face any right-of-way or roadway. Additionally, fences shall be maintained according to the requirements set forth in Section L - Maintenance & Repair of Non-Living Materials, of this Ordinance. 2. Height Requirements: The height of the fence shall be taken from the inside of the fence on the property on which it is installed and shall be measured from the natural grade of the ground to the top of the fence if there is no retaining wall. In the event that a retaining wall is utilized, the fence shall be measured from the upper most surface of the retaining wall. a. Front, Side & Rear Yards: Eight feet (8’) is the maximum height allowed for front, side and rear yard fences, except as otherwise provided in Section C - Location, (4)(a) and (5)(a), of this Ordinance. C. Location: No fence shall be constructed in a manner that obstructs proper visual clearance for vehicular traffic. 1. Front Elevation: All fences shall be located a minimum of ten feet (10’) behind the front elevation of the primary structure. 2. Side Yard Adjacent to Side Street: Side yard fences shall be located within the side yard building setback, and shall not extend beyond the building line of the side yard adjacent to a side street. 3. Parallel Fences: Fences shall not be constructed parallel to and within twenty feet (20’) from an existing fence, except where the following conditions exist. A fence: a. Surrounding a transformer; b. Providing a barrier for pools and spas as required by applicable law; c. That shares a common post with an existing fence; 4. Golf Course Lots: a. All fences on lots facing or abutting a golf course shall be constructed of ornamental metal and shall be a minimum of four feet (4’) and a maximum of six feet (6’) in height 5. Public Park Lots: a. All fences on lots facing or abutting a public park or other land designated for public recreational purposes shall be constructed of ornamental metal and shall be a minimum of four feet (4’) and a maximum of six feet (6’) in height. 6. Perimeter Fencing: Perimeter fencing along the official Town boundary line shall be allowed according to the following requirements: a. A decorative masonry wall shall be constructed on property lying along the perimeter boundary of the Town in conjunction with development of that property, unless otherwise provided in this ordinance. b. The extent to which fencing or walls are constructed shall be determined by the Planning and Zoning Commission upon consideration of a Site Plan submitted as part of a zoning request and upon the submission of appropriate documentation material. c. The owner, subdivider or developer of a tract of land to which this Section applies shall have the sole responsibility to build, erect or place a continuous wall or fence at least eight feet (8’) in height along the perimeter of the boundary of the subdivision or the perimeter of the corporate boundary of the Town. Such fence or wall shall be erected simultaneously with the commencement of construction of any street improvements within the subdivision, at the commencement of any other construction, or upon the development of any kind upon such tract of land. This provision applied where a tract of land has been platted or is owned under single ownership or under single control, and where such tract of land touches any part of the perimeter or corporate limits of the Town. d. Construction material for the extension and design of perimeter fences shall be subject to the approval of the Town Council, upon recommendation by the Planning and Zoning Commission as part of a Site Plan submitted as part of a zoning request and upon the submission of appropriate documentation. i. Maintenance: Following the installation and final acceptance of a Town boundary or subdivision perimeter fence installed by the owner, subdivider or developer of a tract of land, the property owner shall have the sole responsibility of maintaining such fence. Perimeter fences shall be maintained according to the requirements set forth in Section L - Maintenance & Repair of Non-Living Materials, of this Ordinance. D. Materials: 1. Acceptable Materials: a. Brick, stone, wrought iron or wood are allowed in accordance with the requirements of the applicable zoning district. b. Architectural-grade metal, decorative pre-cast embossed concrete, concrete masonry unit with decorative facing, colored and embossed poured-in-place concrete, a combination thereof, vinyl or similar materials shall be submitted for consideration to the Planning & Zoning Coordinator or their designee prior to fence permit approval. i. Prior to the approval of items listed in D(1)(b) above, detailed plans indicated the height, width, and design shall be submitted for review and approval. Additional information shall be provided to substantiate compliance if requested. 2. Prohibited Materials: Unless specifically provided in D(1)(a)&(b) above, all other materials shall be prohibited. E. General Construction Requirements: All requirements of the International Residential Code, and all amendments thereto, 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. 1. A fence shall not be constructed in a manner which alters the natural drainage or existing planned drainage of the land or the surrounding land upon which it is constructed. 2. In order to allow for entrance and exit of fire and police department personnel, each fence must contain at least one (1) gate not less than three feet (3’) wide. 3. Fences constructed, repaired or maintained on street rights-of-way and property lines in all subdivisions shall have the finished side of the fence facing the street. Fences on interior lot lines that are not facing street rights-of-way shall be constructed with the finished side faced according to the discretion of the property owner constructing the fence. F. Construction Requirements for Pre-cast Concrete Fences: All Pre-cast concrete fences shall be designed by a professional engineer licensed by the State of Texas. G. Animal Runs: A permit is required for the construction of an outdoor animal run for the containment of a dog or other animal authorized in the Town’s Animal Control Ordinance. Such outdoor animal run shall be for the sole purpose of containing an authorized animal. 1. Construction Requirements: a. The animal run shall be fully contained within an opaque privacy fence; b. The animal run shall be constructed only of: i. Top-rail galvanized chain link fencing with a gauge of 11½, 12½ or 14 inches and posts, or ii. Ornamental iron. c. The animal run shall not: i. Have metal or fiberglass roofing; ii. Exceed eight feet (8’) or the height of the perimeter fence; iii. Shall not be visible from any public right-of-way. d. Maintenance: Animal runs shall be maintained according to the requirements set forth in Section L - Maintenance & Repair of Non-Living Materials, of this Ordinance. H. Retaining Walls: A retaining wall permit shall be required for any such wall four feet (4’) or higher, or for any such retaining wall height as required by the most recent adopted version of the International Building Code, whichever is more restrictive. 1. Permit Requirements: Permit applications for retaining walls must be accompanied by a site plan indicating the following: a. The location of all existing and planned structures on the subject property and the approximate locations of all structures on adjoining property within one hundred feet (100’); and b. Height of all structures; and c. The location of all existing building lines, easements, watercourses, etc.; and d. Additional information as required by the Building Official. 2. Height Requirement: For the purpose of this Ordinance, the height of a retaining wall shall be determined by measuring the bottom of the footing to the top of the wall. a. Any retaining wall exceeding four feet (4’) in height must be a structurally engineered wall. Only the seal of a professional engineer licensed by the State of Texas will be accepted. b. Retaining walls below four feet (4’) in height, as measured by the requirements of this Ordinance shall not require a permit, unless the retaining wall is located within a drainage easement, floodplain, floodway or other watercourses. In such case, the permit requirements of this Section H shall apply. 3. Location: Retaining walls located along public roadways must provide sufficient area between the retaining wall and the roadway for landscaping to be provided between the retaining wall and the roadway and must be in compliance with the Town’s Sight- Visibility requirements, located in the Appendix of the Zoning Ordinance. 4. Materials: a. Acceptable Materials: Concrete, pavestone, stone, or brick materials shall be allowed for the construction of retaining walls. Other materials similar to the foregoing, including some types of man-made materials may be allowed if such materials are suitable to maintain appearance, soundness, safety, and resistance to decay or weather. Such materials shall be approved the Planning & Zoning Coordinator or their designee prior to permit approval. All retaining walls constructed of formed concrete, concrete block, cinder block or similar materials shall have facing added to their exposed surface(s). b. Prohibited Materials: The use of treated railroad type cross-tie material, wood of shape and dimension resembling railroad cross-ties or landscape timbers is prohibited for new construction and is also prohibited for replacement work if more than thirty percent (30%) of an existing retaining wall must be replaced or is being replaced. 5. Maintenance: Retaining Walls must be maintained in their original design, placement and structural integrity. 6. Survey Required: Following the issuance of any permit by the Town for retaining walls a minimum of four feet in height (4’), and prior to the inspection by the Town of such retaining wall, the applicant shall submit to the Town a Forms Survey as approved by the Building Official. Such survey shall be prepared by a registered and licensed professional surveyor, and shall: a. Locate all easements, including underground easements, roads, streets, alleys, and other right-of-ways or watercourses, and building set-back lines and other matters located on or affecting the property; and b. Show all proposed and existing improvements (such as buildings, power lines, fences, etc.), and c. Show any portion of the property within any floodplain, floodway or other watercourses. I. Inspection: During construction and/or installation of a fence, retaining wall or outdoor animal run for which a permit is required, the property owner shall contact the Permitting Department to request all required inspections. Failure to request any required inspection shall be a violation of this Ordinance. The Building Official shall “pass” the inspection if the structure meets with the requirements of the Ordinance, or “fail” the inspection for defects in construction, materials or procedure. The property owner shall remedy all defects specified in the failure notice and call for a re-inspection, prior to the expiration of the permit. J. Screening Standards: Fences, walls and dense landscaped hedges or plantings are permitted in any zoning district as a screening element; however, such screening elements shall conform to the restrictions set forth herein. The following screening standards shall be compiled with: K. Non- Living Screening: 1. Non- living screening, as herein referred, shall mean any material constructed of masonry, or of a concrete or metal frame, or wood base which supports a permanent type material, the vertical surface of which is not more than thirty percent (30%) open; or 2. A solid fence. 3. Where a non-residential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be solidly fenced to a height of eight feet (8’) with a wall of masonry construction, unless other material has been approved by the Town Council upon recommendation of the Planning and Zoning Commission, so as to obscure the view from the residential lot, use or district to the non-residential use. The developer of the non-residential property shall erect the fence or wall required by this Section. Where the district boundary dividing a residential district from a non-residential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the non- residential use, the said parking lot or parking area facing the residential lot, use or district shall be suitably screened with a wall of masonry construction, unless other material has been approved by the Town Council upon recommendation of the Planning and Zoning Commission, to a height of not less than four feet (4’). 4. In non-residential areas, garbage, refuse and trash collection/storage areas shall be gated and fully screened from public view by a masonry fence or wall of at least eight feet (8’) in height. 5. Off-street loading areas shall be adequately screened from the public view of any residential dwelling and from any other adjacent land use, as indicated in Section 50 - Parking and Loading Area Development Standards for Non-Residential Uses, item D. 6. In all districts exterior appliances and equipment shall be screened so as not to be visible from any street. All utility and mechanical equipment shall be screened with a masonry fence or wall, unless other material has been approved by the Planning & Zoning Coordinator. L. Maintenance and Repair of Non-Living Material: All required screening materials shall be maintained and repaired in a neat and orderly manner at all times. Screening areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the screening or landscaping. Fences, walls and animal runs must be maintained in their original design and placement. The maintenance and repair of any fences, wall or animal runs shall be constructed of the same materials as the existing fence, wall or animal run. M. Living Screening: 1. Any dense evergreen hedge or plant material suitable for providing an opaque visual barrier, for which such material shall be maintained in a healthy growing condition. 2. On lots abutting a golf course or public parks in residentially zoned area, dense evergreen hedges or plant material screening along the golf course or park shall be limited to a maximum height of six feet (6’) and shall meet all other requirements of this Ordinance. 3. No screening element shall be constructed, erected, placed, planted or maintained in such position or location so as to be dangerous or detrimental to the health or safety of persons, or in any way obstruct the view so as to constitute a traffic hazard to or on any public or private street or driveway. Provided, however, that the natural existing terrain which cannot be removed by reasonable landscaping techniques, including retaining walls constructed below or at the same grade of said natural existing terrain, shall be excluded from the objects otherwise prohibited. 4. Landscaped earth berms may, when appropriate in scale, be used as a screening element in conjunction with a fence, wall, hedge or other dense planting material. 5. Fences, Walls, Hedges: Except as otherwise restricted by the provisions of this Ordinance, fences, walls, and hedges may be permitted in any required rear or side yard, or along the edge of any such yard as a screening, decorative or containment element, and shall not exceed a maximum of eight feet (8’) in height, and the following requirements shall also apply be observed: a. Nothing shall be erected placed, planted or maintained on a corner lot or parkway adjacent thereto so as to interfere with the visual line of sight at an elevation between two and one-half feet (2-1/2') and eight feet (8') above the top of the adjacent street curb, or if there is no curb then from the average street grade, within a triangular area formed by the intersection of the adjacent street right-of-way lines and a line formed by connecting a point thirty-five feet (35’) from the street intersection on one street right-of-way line with a corresponding point on he other street right-of-way line. Any object so erected, placed, planted or maintained shall be a prima facie evidence that said object, or combination of objects, is an obstruction constituting a traffic hazard. b. On an interior lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision or in any way create a traffic hazard to motorists, whether the impediment includes entering or exiting any public highway, street, alley or private street or highway, driveway from or to adjacent private property. c. Any object or combination of objects placed, planted or maintained in violation of this Ordinance shall be removed upon written notice by certified mail from the Town’s Planning and Zoning Coordinator, or their representative, to the owner, agent or occupant of the premises or property where such obstruction has been erected, placed, planted or maintained. d. Railroad cross-ties and landscape timber shall not be allowed as construction material. N. Maintenance of Living Material: All screening materials shall be maintained and repaired in a neat and orderly manner at all times. This shall include, but not be limited to pruning, fertilizing, watering, mowing, weeding, and other such activities common to the maintenance of landscaping. Appropriate facilities for watering any plant material shall be installed at time of planting. Screening areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the screening or landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. All plant material which dies shall be replaced with plant material of similar variety and size. O. Additional Screening, Fencing, Landscaping: The Planning and Zoning Commission may recommend and the Town Council may require screening, fencing and landscaping requirements on any zoning case in addition to or in lieu of screening or fencing requirements set out specifically in each use district when the nature and character of surrounding or adjacent property dictates a need to require such devices in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general. P. Special Exception: The Zoning Board of Adjustment shall have the power to grant a Special Exception waiving or modifying these regulations where the literal enforcement of this Ordinance would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and would be in accordance with the spirit of this Ordinance. A public hearing is not required for Zoning Board of Adjustment consideration of a Special Exception under this Section. 1. For the purpose of this Ordinance, the following are established as general conditions, ALL of which are to be met upon the granting of any special exception. a. No diminution in value of surrounding properties would be suffered; and b. Granting the permit would be of benefit to the public interest or surrounding properties; and c. Denial of the permit would result in unnecessary hardship to the owner seeking it; and d. A zoning restriction as applied to the owner’s property interferes with the reasonable use of the property, considering the unique setting of the property in its environment; and e. By granting the permit, substantial justice would be done; and f. The use must not be contrary to the spirit of the Ordinance. 2. The burden of demonstrating that all general conditions have been met and that a Special Exception is appropriate is upon the person requesting the Special Exception. The Zoning Board of Adjustment may require a person requesting a Special Exception to provide proof as the Board determines necessary and appropriate for the Board to evaluate the application for Special Exception. SECTION 3. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting Fences, Retaining Walls and Screening regulations which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 4. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance; provided, however, that Ordinance Nos. 2000-06 P&Z and 2004-42 P&Z are hereby repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to Ordinance Nos. 2000-06 P&Z and 2004-42 P&Z on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance 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 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. SECTION 6. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase 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 it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 7. 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 8. ENGROSSMENT & ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 9. 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 18th day of July, 2005. Mayor Town of Trophy Club, Texas Effective Date: [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.D.1 Discuss and take appropriate action regarding an Ordinance regulating Fencing, Retaining Walls and Screening Standard Regulations. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lr) Attachments: 1. None COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.D.2 Discuss and take appropriate action regarding the potential reconsideration by Council of the passage of Resolution Number 2005-14: A. Discuss and take appropriate action regarding the method used for evaluating applicants for appointments to commissions and boards. B. Discuss and take appropriate action regarding Resolution No. 2005-14 appointing citizens to four seats on the Planning and Zoning Commission. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lr) Attachments: 1. Resolution TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2005 - 14 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING CITIZENS TO FOUR (4) SEATS TO SERVE ON THE PLANNING & ZONING COMMISSION; DESIGNATING TERMS OF SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in local government through service on Commissions; and WHEREAS, the Trophy Club Town Council is charged with the responsibility of making appointments to Commissions serving the Town. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town Council hereby appoints the following individuals to serve on the Planning & Zoning Commissions as indicated, with a term of service that expires in the year specifically provided below: Planning & Zoning Commission 1. Gene Hill (2007) 2. Jim Moss (2007) 3. Clayton Reed (2007) 4. Scott Smith (2007) Section 2. That this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 20th day of June, 2005. Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.D.3 A. Receive nominations for appointment to Economics Development Corporation 4A. B. Discuss and take appropriate action regarding a Resolution appointing citizens to three (3) seats on EDC 4A. EXPLANATION: This year, three (3) terms are expiring for members currently serving on the Economics Development Corp. 4A. Those members are: 1.) Gary Cantrell 2.) Dwight Morrow; and 3) Bob Fair. Mr. Cantrell and Mr. Morrow, both wishes to renew their appointment, Mr. Fair does not. Please consider candidates Matthew Graham and Wendy Hill for an appointment to EDC 4A. (RAU) Attachments: 1. Resolution 2. Applications RESOLUTION NO. 2005 - A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING CITIZENS TO THREE (3) SEATS ON THE BOARD OF ECONOMIC DEVELOPMENT CORPORATION 4A FOR A TWO YEAR TERM EXPIRING ON JUNE 30, 2007; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in local government through service on Boards and Commissions; and WHEREAS, the Trophy Club Town Council is charged with the responsibility of making appointments to the Board for the Economic Development Corporation 4A; and WHEREAS, the Town Council has considered the qualifications of each of the applicants who have volunteered to serve on the Board for Economic Development Corporation 4A. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town Council hereby appoints the following individuals to serve on the Board of the Economic Development Corporation A to complete a two year term, expiring June 30, 2007: Economic Development Corporation 4A 1. 2. 3. Section 2. That this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 18th day of July, 2005. _______________________________________ C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: ___________________________________ Town Secretary Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Town Attorney Town of Trophy Club, Texas COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.D.4 A. Receive nominations for appointment to Economic Development Corporation 4B. B. Discuss and take appropriate action regarding a Resolution appointing citizens to four (4) seats on EDC 4B. EXPLANATION: This year, four (4) terms are expiring for members currently serving on the Economics Development Corp. 4B. Those members are: 1.) Jim Hicks 2.) Andy Hayes 3.) Doyle Nicholson; and 4.) Rebecca Shuman. All four members wish to renew their appointment. Applications for all candidates are attached. ACTION BY COUNCIL: (RAU) Attachments: 1.Resolution 2. Applications RESOLUTION NO. 2005 - A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING CITIZENS TO FOUR (4) SEATS ON THE BOARD OF ECONOMIC DEVELOPMENT CORPORATION 4B FOR A TWO YEAR TERM EXPIRING ON JUNE 30, 2007; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in local government through service on Boards and Commissions; and WHEREAS, the Trophy Club Town Council is charged with the responsibility of making appointments to the Board for the Economic Development Corporation 4B; and WHEREAS, the Town Council has considered the qualifications of each of the Applicants who have volunteered to serve on the Board for Economic Development Corporation 4B. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town Council hereby appoints the following individuals to serve on the Board of the Economic Development Corporation B to complete a two year term, expiring June 30, 2007: Economic Development Corporation 4B 1. 2. 3. 4. Section 2. That this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 18th day of July, 2005. _______________________________________ C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: Town Secretary Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Town Attorney Town of Trophy Club, Texas COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.D.5 A. Receive nominations for appointment to the Tree Board. B. Discuss and take appropriate action regarding a Resolution appointing citizens to three (3) seats on the Tree Board. EXPLANATION: This year, three (3) terms are expiring for members currently serving on the Tree Board. Those members are: 1,) Darin Davis 2.) Steven Kohs; and 3.) Rick Merrill. All three wish to renew their appointments. ACTION BY COUNCIL: (AA) Attachments: 1.Resolution 2. Applications TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2005 - A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING CITIZENS TO THREE (3) SEATS TO SERVE ON THE TREE BOARD; DESIGNATING TERMS OF SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in local government through service on Boards; and WHEREAS, the Trophy Club Town Council is charged with the responsibility of making appointments to Boards serving the Town. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town Council hereby appoints the following individuals to serve on the Tree Board as indicated, with a term of service that expires in the year specifically provided below: TREE BOARD Section 2. That this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 18th day of July, 2005. Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.D.6 Discuss and take appropriate action on a National Recreational Trails Fund Grant Agreement funded by the Texas Parks and Wildlife Department. EXPLANATION: This is an 80/20 trail grant that would enable the Town to improve the existing infrastructure in Marshall Creek Park. The grant allows for the creation of three paved parking areas, and the improvement of the existing roads in the park. RECOMMENDATION: Staff recommends that Council approve the grant as it would enhance the safety of the current roads that connect to the trail systems, increase the parking capacity to better accommodate current users, and allow for greater expansion in the future. The cost to the Town should be no greater than 10% ($5,640) as we may charge equipment usage and employee and volunteer time against the Town’s portion of the grant. Pending Council approval the grant is allowed for in the Marshall Creek Park 2005-06 budget. ACTION BY COUNCIL: (Initials) Attachments: 1. Development Project Instructions and Procedures 2. TPWD Trails Fund Agreement TEXAS RECREATIONAL TRAILS FUND PROJECT APPLICATION DUE - JUNE 1, 2004 PROJECT NAME: Marshall Creek ORV Park CITY / COUNTY: Trophy Club / Denton 1. SPONSORING ENTITY: Town of Trophy Club CONTACT PERSON: Mr. Adam Adams TITLE: Parks and Recreation Administrator MAILING ADDRESS: 100 Municipal Drive Trophy Club, TX 76262 HOME TELEPHONE: 682-831-4690 CELL TELEPHONE: 817-538-3021 FAX NUMBER: 817-490-0705 E-MAIL ADDRESS: aadams@trophyclub.org 2. INTENDED USES: Motorized Use + Non-Motorized Use 3. TYPES OF USE: Hiking/Walking Equestrian Motorcycles All Terrain Vehicles Four Wheel Drive Vehicles 4. PROJECT LENGTH: New construction - 1.4 mile trail and three trailheads 5. GRANT FUNDS REQUESTED: $ 45,120.00 6. DESCRIPTION OF PROJECT: The Town of Trophy Club would like to begin Phase One development, according to our approved Marshall Creek Park Master Plan, of the 877 acre section of Marshall Creek Park designated primarily for Off Highway Vehicle (OHV) trail use. This will also include trailhead support for equestrian trail use in other portions of Marshall Creek Park. The first project is to develop the existing 1.4 miles of trails running parallel to the main access road in the park to provide for dirtbike, ATV and other OHV traffic between trailheads and help eliminate law enforcement issues. This trail will be developed with a hardening technique that uses existing compacted and graded soil and a “flex road base material” made up of recycled asphalt, sometimes referred to as “rip-rap” by county road construction crews. The second project is to develop hardened surfaces for three trailheads. All of these trailheads will use the same flex road base material as the main access trail. There will be new trail signage added as well, but the park will not be constructing any new trail interpretation kiosks or other similar structures. The park does not plan to extend or develop water or electricity service at these trailheads until the next phase of park development. Trailhead “A” is a pre-existing dirtbike and ATV trailhead that is very popular, but is not paved or developed in any way. This area covers about 12,000 square feet and is constantly subject to standing water and mud. We need to provide drainage slope and lay down a hardened surface. Trailhead “B” is the area on both sides of a pre-existing restroom facility. The larger west side of this trailhead, which is about 14,000 square feet, will be reserved primarily for equestrian use only. The Cross Timbers Equestrain Club has trail systems in Marshall Creek and on Grapevine Lake, so the addition of this trailhead will give them access to a new trail system they have been working on, and for future expansion of equestrian trails. The smaller east side covers about 4,000 square feet. It will be surfaced and bike racks provided, so dirtbike and ATV riders can access the restrooms without using the main access road or having to cross over and enter the more sensitive equestrian area. Trailhead “C” is to be designated primarily for 4x4/Jeep/OHV use. This area covers about 10,000 square feet. The adjacent area has been set aside for their use, so we would like to provide a permanent trailhead and encourage the local clubs to help develop the area. This general area is already heavily used, mostly by fishermen who park their cars and trucks in this area and walk to access Grapevine Lake. This grant will not attempt to provide for those recreationists, but we hope this development will encourage other forms of development later. The final project is to provide new trail signage. The park has been neglected during the years and trail systems need rehab, redirection, and some closures. We will begin the transition of existing trail systems with new signage. We will also provide new signage to help local riders understand the requirements of local law enforcement and encourage better relations. 7. ITEMIZED BUDGET: The flex road base material we intend to use – the recycled asphalt material – is currently in use extensively by many county road crews and is easily available, delivered at reasonable prices. For the purposes of estimating, this is our base price structure: Flex road base material – delivered @ $18 per ton (one unit) Each unit, compacted, covers 50 square feet of trail or trailhead Materials: Main Road Access Trail – 1.4 mile = 7,400 ft 7,400 linear ft x 6ft wide = 44,400ft 890 tons (units) of road base material – $16,020. Planning and Design – $ 2,400. Trailhead “A” – 12,000sf – 240 units – 4,320. Trailhead “B” – 18,000sf – 360 units – 6,480. Trailhead “C” – 10,000sf – 200 units – 3,600. Trail signage – Signs and posts – 1,800. Picnic Tables – (12) @ $300 each 3,600. Bike Racks – (3) @ $300 each 900. Materials – $39,120. Equipment: Shape and compact existing soil Shape and compact road base material Equipment rental – 4 weeks @ $1500 per week $ 6,000. Labor: Operator – 160 hrs at $30 per hr 4,800. Laborers – 4 men x 120 hrs @ $10 per hr 4,800. Signage Installation – 60 hours @ $10hr 600. Labor – (Paid for by Trophy Club match) $16,200. Total: $61,320. 8. PROJECT COSTS AND REQUESTED FUNDS: Total Itemized Costs $ 61,320.00 Federal Funds Requested (73% of Itemized Costs) $ 45,120.00 Local Match Required (27% of Itemized Costs) $ 16,200.00 9. PROPOSED METHOD OF FINANACING SPONSOR’S SHARE: The Parks and Recreation Department of the Town of Trophy Club Labor for heavy equipment operator – paid for by Town of Trophy Club Laborers needed for any hand work – paid for by Town of Trophy Club 10. MAINTENANCE: All maintenance will be performed, as part of normal operations, by the Parks and Recreation Department of the Town of Trophy Club in accordance with Town of Trophy Club Ordinances and the agreements of the lease with the U.S. Army Corp of Engineers. 11. PROJECT USE AND BENEFITS: Marshall Creek Park is a 877 acre park on Grapevine Lake, right in the heart of the huge Dallas/Ft.Worth Metro area. The 250 acre OHV portion offers unique OHV recreation that can serve the growing population of DFW. Over the years prior to the Trophy Club taking over the lease from the USACE, this park never reached it’s full service potential. With this grant, and the main trail and trailhead work we will do, we hope to re-enforce to the trail enthusiasts in the DFW area that Marshall Creek Park can be made better to serve thousands of families. This project has been requested by the user groups that regularly use the park for years and we are glad to have the opportunity to help make improvements to this OHV landmark in Texas. As a co-op between a Town and local ORV/OHV organizations, this is a first for the RTF program in Texas and we hope this will help set a precedent for future co-op projects. This project is supported by and in cooperation with the Texas Motorized Trails Coalition, the Cross Timbers Equestrian Club and local OHV/ORV groups. Additional support will be provided by the local Boy Scouts of America and the Grapevine Lake Preservation Association. The original Master Plan for Lake Grapevine revised Resource Management objectives and identifies Environmentally Sensitive Areas (ESA’s). The most recent Environmental Assessment was released in May, 2001. It was prepared with assistance from the following agencies and resource personnel: USACE, U.S. Fish & Wildlife, Texas Parks & Wildlife, Towns of Trophy Club, Marshall Creek and Flower Mound, Cities of Grapevine, Roanoke, Southlake, Northlake, Cross Timbers Equestrian Trails, Texas Trails Network, Marinas International, University of North Texas and the Dallas Water Utilities. The 2003 Master Plan which includes this OHV project concludes, “there would no significant adverse impacts to the natural environment associated with the proposed project” and “the proposed action would not affect any federal species listed or proposed for listing as threatened or endangered in accordance with the Endangered Species Act”. 12. TRAIL CORRIDOR INFORMATION: Grapevine Lake is a Corps of Engineers lake located in the heart of the Dallas-Fort Worth Metroplex. As of October 1, 2002, Marshall Creek Park has been leased out to the Town of Trophy Club. This municipality is now responsible for the daily operations of this area. The USACE has accessed and agreed to the Master Plan for this project and fully supports the project. Any questions regarding this park or project should be directed to Trophy Club. COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.D.7 Discuss and take appropriate action regarding an amendment to Town Ordinance No. 2005-10, adopting a schedule of fees for the Town. EXPLANATION: (kcf) Attachments: 1. Information Memorandum 2. Ordinance TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2005-__ AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2005-10, ADOPTING A SCHEDULE OF FEES FOR THE TOWN, BY REPEALING ALL FEES RELATED TO NEW CONSTRUCTION, AND ADOPTING A NEW FEE SCHEDULE FOR NEW CONSTRUCTION; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING 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 A PUBLICATION CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, on August 7May 2, 20032005, the Town Council (hereinafter “Town”) enacted Ordinance No. 20032005-1310, adopting a new Schedule of Fees for the Town; and WHEREAS, on August 30, 2004, the Town adopted the 2003 Edition of the International Building Code, (hereinafter “IBC”); and WHEREAS, Section 108.2 of the IBC calls for the governing authority to establish a Fee Schedule for all work requiring a permit; and WHEREAS, the Town has conducted a study of fees to insure the Town is accurately recovering the costs associated with the services provided; and WHEREAS, the fee study relating to new construction building fees has been completed and the Town Council finds the study to be an accurate assessment of reasonable fees for services provided; and NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES/PURPOSE The foregoing premises are hereby adopted in their entirety and there is hereby adopted a Schedule of Fees, including any schedule thereto, and incorporated herein for all purposes for the Town of Trophy Club, Texas, the payment of which shall be a condition precedent to the issuance of any permit, any inspection or the provision of a copy of any ordinance, resolution or any other Town record or document. Such fees represent the reasonable administrative costs of the Town in providing services to the public. SECTION 2. APPLICABILITY/CONFLICT The provisions of this Ordinance shall apply to all fees established herein and shall be levied by the Town of Trophy Club, Texas, immediately upon the effective date of this Ordinance. Separately adopted ordinances may also address applicable fees for other permit requirements and services provided within the Town of Trophy Club. In the event there is a conflict between the amount of a fee enacted by a separately adopted Ordinance, the fee amount set forth herein shall apply unless the separately adopted Ordinance specifically provides that it controls. This Ordinance should not be construed to be all inclusive of required permits or fees within the Town of Trophy Club. SECTION 3. DEFINITIONS When used in this Ordinance, the following terms shall have the respective meanings ascribed to them: Accessory Building: A subordinate building or structure of masonry and/or wood construction, detached from the main building, and customarily incidental to the principal building. Addition: An extension or increase in floor area or height of a building or structure. Apartment: Any building, or portion thereof which is designed, built, rented, leased, let or hired out to be occupied as three (3) or more apartments or which is occupied as the home or residence of three (3) or more families living independently of each other and maintaining separate cooking facilities. Assembly Group: A building or portion of a building used for the gathering together of fifty (50) or more persons for such purposes as entertainment, education, worship, amusement, drinking or dining. Commercial Carport: A permanent roofed structure constructed on a commercially zoned tract of land, entirely open on at least two sides, designed or used to shelter not more than two private passenger vehicles. Condominium: The separate ownership of single units or apartments in a multiple unit structure or structures with common elements as defined in Article 1301a, Texas Revised Civil Statutes Annotated, as amended. Congregate Care: Any building or portion thereof that contains facilities for living, sleeping and sanitation that may include facilities for eating and cooking, for occupancy by other than a family. A congregate care building may be a convent or monastery, but does not include jails, hospitals, nursing homes, hotels or lodging houses. Day Care Facility: An establishment where more than three (3) unrelated children under fourteen (14) years of age are left for care, training, education, custody, or supervision during the day or any portion thereof. The term “day care center” shall not include overnight lodging, medical treatment, counseling, or rehabilitative services, and does not apply to any school, public or private, as herein defined. Such facility shall be operated in a manner as required by Chapter 42 of the Human Resources Code of the state of Texas, as amended, and in accordance with such standards as may be promulgated by the Texas Department of Human Resources. Educational Building: A building reserved for the use of primary and secondary students (ages 5 to 18). Guest House: A secondary structure on a lot which may contain dwelling accommodations for the temporary occupancy by guests and not for rent or permanent occupancy, and such building not having a separate utility meter. Hospital/Medical 24 Hour Care: A facility providing health services primarily for human in- patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities. Hotel/Motel: A building or group of buildings designed and occupied as a temporary abiding place for individuals. To be classified as a hotel an establishment shall contain a minimum of six (6) individual guest rooms or units and may furnish customary services such as linen, maid service, telephone, use and upkeep of furniture. a. High Rise: Any building, as defined above, exceeding five stories. b. Low Rise: Any building, as defined above, with one to four stories. Office: Office space used for indeterminate purposes which may include corporate, governmental, medical, or other forms of usage. Medical/24 Hour Care: Refer to “Hospital”. Multi-Family Residential: A building or buildings containing or aggregating four or more single-family dwelling units. Repair Garage: A repair garage is any building or part thereof which is used for painting, body and fender work, engine overhauling or other major repair of motor vehicles. This occupancy shall not include motor vehicle service stations. Residential Garage: An accessory building or a portion of a main building for the storage or parking of motor vehicles as may be required in connection with the permitted use of the main building. A private garage shall be totally enclosed with the only exceptions being openings used for access or ventilation, shall be constructed of similar style and material as the main structure. Service Station: A retail place of business engaged primarily in the sale of motor fuels, but also supplying goods and services required in the operation and maintenance of automotive vehicles. These may include petroleum products, tires, batteries, automotive accessories and replacement items, washing and lubrication services, the performance of minor automotive maintenance and repair, and the supplying of other incidental customer services and products, but excluding major automotive repairs, painting, and body and fender work. Shell Building: The construction of a functioning building, including site work, the building envelope and public areas, with operating elevators and core utility systems, but excluding work in the areas reserved for tenant occupancy. Single Family: A portion of an enclosed building having accommodations for and occupied by only one family, attached to like units, which units may be sold individually provided that the entire building meets all lot area, front yard, side yard, rear yard, height and other zoning requirements. Tennant Improvement: The completion, remodeling or altering of a space within an existing building. SECTION 4. NEW BUILDING CONSTRUCTION FEE SCHEDULE Construction Types: Construction Types: Construction Types: I A, I B II A, III A, V A II B, III B, IV, V B IBC/ICC Class IBC/ICC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 s.f. * Base Cost @ Threshold Size Cost for Each Additional 100 s.f. * Base Cost @ Threshold Size Cost for Each Additional 100 s.f. * - Assembly Group - Theaters 2,000 $1,707 $4.56 $1,423 $3.80 $1,138 $3.04 - - 10,000 $2,072 $12.34 $1,727 $10.28 $1,381 $8.23 - - 20,000 $3,306 $3.57 $2,755 $2.97 $2,204 $2.38 - - 40,000 $4,020 $1.73 $3,350 $1.44 $2,680 $1.16 - - 100,000 $5,060 $1.74 $4,216 $1.45 $3,374 $1.16 200,000 $6,800 $3.40 $5,666 $2.83 $4,534 $2.27 A-2 Assembly Group: Churches, Restaurants 500 $1,612 $17.23 $1,343 $14.36 $1,074 $11.49 A-3 - 2,500 $1,956 $46.57 $1,630 $38.81 $1,304 $31.05 A-4 - 5,000 $3,121 $13.52 $2,601 $11.27 $2,080 $9.02 E - 10,000 $3,797 $6.51 $3,164 $5.42 $2,531 $4.34 - - 25,000 $4,773 $6.61 $3,978 $5.51 $3,182 $4.41 50,000 $6,426 $12.85 $5,355 $10.71 $4,284 $8.57 Construction Types: Construction Types: Construction Types: I A, I B II A, III A, V A II B, III B, IV, V B IBC/ICC Class IBC/ICC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 s.f. * Base Cost @ Threshold Size Cost for Each Additional 100 s.f. * Base Cost @ Threshold Size Cost for Each Additional 100 s.f. * A-5 Assembly Group - Stadium 5,000 $3,756 $4.02 $3,130 $3.35 $2,504 $2.68 - - 25,000 $4,560 $10.86 $3,800 $9.05 $3,040 $7.24 - - 50,000 $7,275 $3.15 $6,063 $2.63 $4,850 $2.10 - - 100,000 $8,850 $1.53 $7,375 $1.27 $5,900 $1.02 - - 250,000 $11,138 $1.55 $9,281 $1.29 $7,425 $1.03 500,000 $15,000 $3.00 $12,500 $2.50 $10,000 $2.00 A Assembly Group - TI 250 $642 $13.73 $535 $11.44 $428 $9.15 - - 1,250 $779 $37.12 $649 $30.93 $520 $24.74 - - 2,500 $1,243 $10.75 $1,036 $8.96 $829 $7.17 - - 5,000 $1,512 $5.20 $1,260 $4.33 $1,008 $3.47 - - 12,500 $1,902 $5.26 $1,585 $4.38 $1,268 $3.50 25,000 $2,559 $10.24 $2,133 $8.53 $1,706 $6.82 R-4 Congregate Care - Complete 1,000 $2,459 $13.14 $2,049 $10.95 $1,639 $8.76 - - 5,000 $2,984 $35.54 $2,487 $29.61 $1,990 $23.69 - Residential Care/Assisted Living 10,000 $4,761 $10.29 $3,968 $8.58 $3,174 $6.86 - more than 5, less than 17 Clients. 20,000 $5,790 $4.98 $4,825 $4.15 $3,860 $3.32 - - 50,000 $7,283 $5.06 $6,069 $4.21 $4,855 $3.37 100,000 $9,810 $9.81 $8,175 $8.18 $6,540 $6.54 E Educational Building - Complete 2,000 $2,335 $6.25 $1,946 $5.21 $1,557 $4.17 B - 10,000 $2,836 $16.86 $2,363 $14.05 $1,890 $11.24 - K-12, Private 20,000 $4,522 $4.90 $3,768 $4.08 $3,014 $3.26 - Daycare included elsewhere. 40,000 $5,501 $2.37 $4,584 $1.98 $3,667 $1.58 - - 100,000 $6,924 $2.39 $5,770 $1.99 $4,616 $1.59 200,000 $9,312 $4.66 $7,760 $3.88 $6,208 $3.10 E Educational Building - TI 250 $631 $13.49 $526 $11.24 $421 $8.99 B - 1,250 $766 $36.48 $638 $30.40 $511 $24.32 - - 2,500 $1,222 $10.57 $1,018 $8.81 $815 $7.05 - - 5,000 $1,486 $5.10 $1,239 $4.25 $991 $3.40 - - 12,500 $1,869 $5.18 $1,558 $4.32 $1,246 $3.46 25,000 $2,517 $10.07 $2,098 $8.39 $1,678 $6.71 R-1 Hotel Low- Rise - Complete 1,000 $1,967 $10.52 $1,639 $8.76 $1,311 $7.01 - - 5,000 $2,387 $28.43 $1,990 $23.69 $1,592 $18.95 - Hotel and Motel low-rise 10,000 $3,809 $8.23 $3,174 $6.86 $2,539 $5.49 - Structure of less than 5 floors. 20,000 $4,632 $3.98 $3,860 $3.32 $3,088 $2.65 - - 50,000 $5,826 $4.04 $4,855 $3.37 $3,884 $2.70 100,000 $7,848 $7.85 $6,540 $6.54 $5,232 $5.23 R-1 Hotel Low-Rise - TI 250 $983 $21.03 $820 $17.53 $656 $14.02 - - 1,250 $1,194 $56.86 $995 $47.38 $796 $37.90 - Hotel and motel low-rise 2,500 $1,904 $16.49 $1,587 $13.74 $1,270 $10.99 - structure of less than 5 floors. 5,000 $2,317 $7.95 $1,931 $6.63 $1,544 $5.30 - - 12,500 $2,913 $8.06 $2,428 $6.72 $1,942 $5.38 25,000 $3,921 $15.68 $3,268 $13.07 $2,614 $10.46 Construction Types: Construction Types: Construction Types: I A, I B II A, III A, V A II B, III B, IV, V B IBC/ICC Class IBC/ICC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 s.f. * Base Cost @ Threshold Size Cost for Each Additional 100 s.f. * Base Cost @ Threshold Size Cost for Each Additional 100 s.f. * B Offices, etc. - Complete 1,000 $2,288 $12.24 $1,907 $10.20 $1,525 $8.16 - - 5,000 $2,777 $33.05 $2,314 $27.54 $1,852 $22.03 - - 10,000 $4,430 $9.59 $3,691 $7.99 $2,953 $6.39 - - 20,000 $5,388 $4.64 $4,490 $3.87 $3,592 $3.09 - - 50,000 $6,780 $4.68 $5,650 $3.90 $4,520 $3.12 100,000 $9,120 $9.12 $7,600 $7.60 $6,080 $6.08 B Offices, etc. - TI 100 $738 $39.43 $615 $32.86 $492 $26.29 - - 500 $895 $106.58 $746 $88.81 $597 $71.05 - - 1,000 $1,428 $30.92 $1,190 $25.76 $952 $20.61 - - 2,000 $1,737 $14.92 $1,448 $12.43 $1,158 $9.94 - - 5,000 $2,185 $15.14 $1,821 $12.61 $1,457 $10.09 10,000 $2,942 $29.42 $2,451 $24.51 $1,961 $19.61 S-1 Repair Garage & Service St - Complete 1,000 $2,424 $12.97 $2,020 $10.81 $1,616 $8.65 M - 5,000 $2,943 $35.04 $2,453 $29.20 $1,962 $23.36 - - 10,000 $4,695 $10.14 $3,913 $8.45 $3,130 $6.76 - - 20,000 $5,709 $4.92 $4,758 $4.10 $3,806 $3.28 - - 50,000 $7,185 $4.98 $5,988 $4.15 $4,790 $3.32 100,000 $9,675 $9.68 $8,063 $8.06 $6,450 $6.45 S-1 Repair Garage & Service St - TI 100 $720 $38.53 $600 $32.11 $480 $25.69 M - 500 $875 $104.12 $729 $86.76 $583 $69.41 - - 1,000 $1,395 $30.20 $1,163 $25.16 $930 $20.13 - - 2,000 $1,697 $14.58 $1,414 $12.15 $1,131 $9.72 - - 5,000 $2,135 $14.79 $1,779 $12.33 $1,423 $9.86 10,000 $2,874 $28.74 $2,395 $23.95 $1,916 $19.16 M Retail Sales - Complete 500 $1,656 $17.72 $1,380 $14.76 $1,104 $11.81 - - 2,500 $2,010 $47.87 $1,675 $39.89 $1,340 $31.91 - - 5,000 $3,207 $13.89 $2,673 $11.58 $2,138 $9.26 - - 10,000 $3,902 $6.69 $3,251 $5.58 $2,601 $4.46 - - 25,000 $4,905 $6.81 $4,088 $5.68 $3,270 $4.54 50,000 $6,608 $13.22 $5,506 $11.01 $4,405 $8.81 M Retail Sales - TI 100 $720 $38.53 $600 $32.11 $480 $25.69 - - 500 $875 $104.12 $729 $86.76 $583 $69.41 - - 1,000 $1,395 $30.20 $1,163 $25.16 $930 $20.13 - - 2,000 $1,697 $14.58 $1,414 $12.15 $1,131 $9.72 - - 5,000 $2,135 $14.79 $1,779 $12.33 $1,423 $9.86 10,000 $2,874 $28.74 $2,395 $23.95 $1,916 $19.16 - Public Construction - Complete 250 $1,677 $35.86 $1,397 $29.88 $1,118 $23.91 - - 1,250 $2,035 $96.90 $1,696 $80.75 $1,357 $64.60 - Pump Buildings, etc. 2,500 $3,246 $28.10 $2,705 $23.41 $2,164 $18.73 - - 5,000 $3,949 $13.58 $3,291 $11.31 $2,633 $9.05 - - 12,500 $4,967 $13.76 $4,139 $11.46 $3,311 $9.17 25,000 $6,686 $26.75 $5,572 $22.29 $4,458 $17.83 Construction Types: Construction Types: Construction Types: I A, I B II A, III A, V A II B, III B, IV, V B IBC/ICC Class IBC/ICC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 s.f. * Base Cost @ Threshold Size Cost for Each Additional 100 s.f. * Base Cost @ Threshold Size Cost for Each Additional 100 s.f. * R-1 Hotel High Rise - Complete 5,000 $2,413 $2.59 $2,011 $2.15 $1,609 $1.72 - - 25,000 $2,930 $6.96 $2,442 $5.80 $1,953 $4.64 - Hotel and Motel high-rise 50,000 $4,670 $2.02 $3,892 $1.68 $3,113 $1.35 - structure of 5 floors or more. 100,000 $5,680 $0.98 $4,733 $0.82 $3,787 $0.65 - - 250,000 $7,150 $0.98 $5,958 $0.82 $4,767 $0.65 500,000 $9,600 $1.92 $8,000 $1.60 $6,400 $1.28 R-1 Hotel High Rise- TI 1,000 $968 $5.18 $806 $4.31 $645 $3.45 - - 5,000 $1,175 $13.97 $979 $11.64 $783 $9.31 - Hotel and Motel high-rise 10,000 $1,873 $4.05 $1,561 $3.37 $1,249 $2.70 - structure of 5 floors or more. 20,000 $2,278 $1.96 $1,898 $1.63 $1,519 $1.30 - - 50,000 $2,865 $1.99 $2,387 $1.66 $1,910 $1.33 100,000 $3,860 $3.86 $3,217 $3.22 $2,573 $2.57 I-2 Hospital and Institutional - Complete 5,000 $2,823 $3.03 $2,352 $2.52 $1,882 $2.02 - - 25,000 $3,428 $8.15 $2,856 $6.79 $2,285 $5.43 - Physical limitation based on age 50,000 $5,465 $2.37 $4,554 $1.97 $3,644 $1.58 - or health, NOT capable of self 100,000 $6,650 $1.13 $5,541 $0.94 $4,434 $0.76 - preservation. 250,000 $8,350 $1.16 $6,958 $0.97 $5,567 $0.77 500,000 $11,250 $2.25 $9,375 $1.87 $7,500 $1.50 I-2 Hospital and Institutional - TI 1,000 $1,127 $6.03 $939 $5.02 $751 $4.02 - - 5,000 $1,368 $16.28 $1,140 $13.57 $912 $10.85 - Physical limitation based on age 10,000 $2,182 $4.72 $1,818 $3.93 $1,455 $3.15 - or health, NOT capable of self 20,000 $2,654 $2.29 $2,212 $1.91 $1,769 $1.52 - preservation. 50,000 $3,340 $2.30 $2,783 $1.92 $2,227 $1.53 100,000 $4,490 $4.49 $3,742 $3.74 $2,993 $2.99 I-1 Medical/24 Hour Care - Complete 1,000 $1,889 $10.10 $1,574 $8.42 $1,260 $6.74 - - 5,000 $2,294 $27.31 $1,911 $22.76 $1,529 $18.21 - Physical limitation based on age 10,000 $3,659 $7.91 $3,049 $6.59 $2,439 $5.27 - or health, capable of self 20,000 $4,450 $3.82 $3,708 $3.18 $2,967 $2.54 - preservation with 17 or more 50,000 $5,595 $3.89 $4,662 $3.24 $3,730 $2.59 100,000 $7,540 $7.54 $6,283 $6.28 $5,027 $5.03 I-1 Medical/24Hour Care - TI 100 $537 $28.72 $448 $23.93 $358 $19.15 - - 500 $652 $77.64 $543 $64.70 $435 $51.76 - Physical limitation based on age 1,000 $1,040 $22.51 $867 $18.76 $694 $15.01 - or health, capable of self 2,000 $1,265 $10.87 $1,054 $9.06 $844 $7.25 - preservation with 17 or more 5,000 $1,592 $11.03 $1,326 $9.19 $1,061 $7.35 10,000 $2,143 $21.43 $1,786 $17.86 $1,429 $14.29 I-4 Day Care Facility - Complete 250 $1,403 $30.00 $1,170 $25.00 $936 $20.00 E - 1,250 $1,703 $81.14 $1,420 $67.61 $1,136 $54.09 R-3 - 2,500 $2,718 $23.54 $2,265 $19.61 $1,812 $15.69 - Custodial care on less than 24 5,000 $3,306 $11.35 $2,755 $9.45 $2,204 $7.56 - hour basis of any age. 12,500 $4,157 $11.54 $3,464 $9.61 $2,771 $7.69 25,000 $5,599 $22.40 $4,666 $18.66 $3,733 $14.93 Construction Types: Construction Types: Construction Types: I A, I B II A, III A, V A II B, III B, IV, V B IBC/ICC Class IBC/ICC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 s.f. * Base Cost @ Threshold Size Cost for Each Additional 100 s.f. * Base Cost @ Threshold Size Cost for Each Additional 100 s.f. * I-4 Day Care Facility - TI 100 $652 $34.88 $543 $29.07 $435 $23.25 E - 500 $792 $94.23 $660 $78.53 $528 $62.82 R-3 - 1,000 $1,263 $27.35 $1,052 $22.79 $842 $18.23 - Custodial care on less than 24 2,000 $1,536 $13.19 $1,280 $10.99 $1,024 $8.79 - hour basis of any age. 5,000 $1,932 $13.38 $1,610 $11.15 $1,288 $8.92 10,000 $2,601 $26.01 $2,168 $21.68 $1,734 $17.34 - High-Rise Office - Complete 2,000 $1,969 $5.26 $1,641 $4.39 n.a. n.a. - - 10,000 $2,390 $14.22 $1,992 $11.85 n.a. n.a. - - 20,000 $3,812 $4.14 $3,177 $3.45 n.a. n.a. - - 40,000 $4,640 $1.98 $3,867 $1.65 n.a. n.a. - - 100,000 $5,830 $2.03 $4,858 $1.69 n.a. n.a. 200,000 $7,860 $3.93 $6,550 $3.27 n.a. n.a. - High-Rise Office - TI 500 $728 $7.79 $607 $6.49 n.a. n.a. - - 2,500 $884 $21.05 $737 $17.54 n.a. n.a. - - 5,000 $1,411 $6.11 $1,175 $5.09 n.a. n.a. - - 10,000 $1,716 $2.94 $1,430 $2.45 n.a. n.a. - - 25,000 $2,158 $2.99 $1,798 $2.49 n.a. n.a. 50,000 $2,905 $5.81 $2,421 $4.84 n.a. n.a. R-2 Condominium/Apt. - Standard Plan 1,000 $1,229 $6.57 $1,024 $5.48 $820 $4.38 - - 5,000 $1,492 $17.77 $1,244 $14.81 $995 $11.85 - Sq ft of entire building not 10,000 $2,381 $5.14 $1,984 $4.28 $1,587 $3.42 - relative to # of units 20,000 $2,894 $2.49 $2,412 $2.08 $1,930 $1.66 - - 50,000 $3,642 $2.53 $3,035 $2.11 $2,428 $1.69 100,000 $4,908 $4.91 $4,090 $4.09 $3,272 $3.27 - Condominium/Apt. Unit - Model 100 $522 $27.90 $435 $23.25 $348 $18.60 - - 500 $633 $75.38 $528 $62.82 $422 $50.26 - No plan review completed on 1,000 $1,010 $21.88 $842 $18.23 $674 $14.58 - individual units. 2,000 $1,229 $10.55 $1,024 $8.79 $819 $7.03 - - 5,000 $1,546 $10.70 $1,288 $8.92 $1,030 $7.14 10,000 $2,081 $20.81 $1,734 $17.34 $1,387 $13.87 - Condominium/Apt. Unit - Production 100 $382 $20.45 $319 $17.04 $255 $13.63 - - 500 $464 $55.26 $387 $46.05 $309 $36.84 - - 1,000 $741 $16.02 $617 $13.35 $494 $10.68 - No plan review completed on 2,000 $901 $7.74 $751 $6.45 $600 $5.16 - individual units. 5,000 $1,133 $7.85 $944 $6.54 $755 $5.23 10,000 $1,525 $15.25 $1,271 $12.71 $1,017 $10.17 R-2 Condominium/Apt. Unit Completion - TI 100 $481 $25.71 $401 $21.43 $321 $17.14 - - 500 $584 $69.47 $486 $57.89 $389 $46.31 - Used only when submitted 1,000 $931 $20.16 $776 $16.80 $621 $13.44 - separately from "Standard Plan" permit. 2,000 $1,133 $9.73 $944 $8.11 $755 $6.49 - - 5,000 $1,424 $9.86 $1,187 $8.22 $950 $6.58 10,000 $1,918 $19.18 $1,598 $15.98 $1,278 $12.78 Construction Types: Construction Types: Construction Types: I A, I B II A, III A, V A II B, III B, IV, V B IBC/ICC Class IBC/ICC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 s.f. * Base Cost @ Threshold Size Cost for Each Additional 100 s.f. * Base Cost @ Threshold Size Cost for Each Additional 100 s.f. * R-2 Condominium/Apt. - Common Area - TI 100 $658 $35.20 $549 $29.34 $439 $23.47 A-2 - 500 $799 $95.12 $666 $79.27 $533 $63.42 B Used only when submitted 1,000 $1,275 $27.59 $1,062 $22.99 $850 $18.39 - separately from "Standard Plan" permit. 2,000 $1,551 $13.31 $1,292 $11.09 $1,034 $8.87 - - 5,000 $1,950 $13.51 $1,625 $11.26 $1,300 $9.01 10,000 $2,626 $26.26 $2,188 $21.88 $1,750 $17.50 IRC SFD Single-Family - Standard Plan 1,000 $1,494 $6.60 $1,245 $5.50 $996 $4.40 - - 1,500 $1,527 $18.54 $1,273 $15.45 $1,018 $12.36 - (includes townhouses, duplexes, 2,000 $1,620 $3.29 $1,350 $2.74 $1,080 $2.19 - attached residences, etc.) 3,000 $1,653 $8.26 $1,377 $6.88 $1,102 $5.51 - - 5,000 $1,818 $3.96 $1,515 $3.30 $1,212 $2.64 10,000 $2,016 $20.16 $1,680 $16.80 $1,344 $13.44 IRC SFD Single-Family - Model 1,000 $1,256 $0.00 $1,047 $0.00 $838 $0.00 - - 1,500 $1,256 $6.65 $1,047 $5.54 $837 $4.43 - - 2,000 $1,289 $0.00 $1,075 $0.00 $860 $0.00 - - 3,000 $1,289 $1.65 $1,074 $1.38 $860 $1.10 - - 5,000 $1,322 $0.00 $1,102 $0.00 $882 $0.01 10,000 $1,323 $13.23 $1,103 $11.03 $882 $8.82 IRC SFD Single-Family - Production 1,000 $1,560 $6.60 $1,300 $5.50 $1,040 $4.40 - - 1,500 $1,593 $18.51 $1,328 $15.43 $1,062 $12.34 - - 2,000 $1,686 $3.30 $1,405 $2.75 $1,124 $2.20 - - 3,000 $1,719 $8.29 $1,433 $6.91 $1,146 $5.53 - - 5,000 $1,885 $2.12 $1,571 $1.76 $1,257 $1.41 10,000 $1,991 $19.91 $1,659 $16.59 $1,327 $13.27 IRC SFD Single-Family - Custom 1,000 $1,593 $0.00 $1,328 $0.00 $1,062 $0.00 - - 1,500 $1,593 $18.51 $1,328 $15.43 $1,062 $12.34 - - 2,000 $1,686 $3.30 $1,405 $2.75 $1,124 $2.20 - - 3,000 $1,719 $8.29 $1,433 $6.91 $1,146 $5.53 - - 5,000 $1,885 $3.98 $1,571 $3.31 $1,257 $2.65 10,000 $2,084 $20.84 $1,736 $17.36 $1,389 $13.89 IRC SFD Guest House - Custom 100 $686 $36.69 $572 $30.58 $458 $24.46 - - 500 $833 $99.18 $694 $82.65 $555 $66.12 - - 1,000 $1,329 $28.77 $1,108 $23.98 $886 $19.18 - - 2,000 $1,617 $13.89 $1,347 $11.57 $1,078 $9.26 - - 5,000 $2,033 $14.09 $1,694 $11.74 $1,356 $9.39 10,000 $2,738 $27.38 $2,281 $22.81 $1,825 $18.25 U Residential Garage 50 $533 $56.97 $444 $47.48 $355 $37.98 - - 250 $647 $153.95 $539 $128.29 $431 $102.63 - - 500 $1,031 $44.66 $860 $37.21 $688 $29.77 - - 1,000 $1,255 $21.55 $1,046 $17.96 $837 $14.37 - - 2,500 $1,578 $21.87 $1,315 $18.23 $1,052 $14.58 5,000 $2,125 $42.50 $1,771 $35.41 $1,417 $28.33 U-1 Accessory Building - Commercial 50 $533 $56.97 $444 $47.48 $355 $37.98 - - 250 $647 $153.95 $539 $128.29 $431 $102.63 - Fire pump, restrooms, storage, 500 $1,031 $44.66 $860 $37.21 $688 $29.77 - maintenance, etc. 1,000 $1,255 $21.55 $1,046 $17.96 $837 $14.37 - Include those associated with 2,500 $1,578 $21.87 $1,315 $18.23 $1,052 $14.58 5,000 $2,125 $42.50 $1,771 $35.41 $1,417 $28.33 Construction Types: Construction Types: Construction Types: I A, I B II A, III A, V A II B, III B, IV, V B IBC/ICC Class IBC/ICC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 s.f. * Base Cost @ Threshold Size Cost for Each Additional 100 s.f. * Base Cost @ Threshold Size Cost for Each Additional 100 s.f. * U-1 Commercial Carport 50 $444 $47.47 $370 $39.56 $296 $31.65 S-2 - 250 $539 $128.30 $449 $106.91 $359 $85.53 - Site and structure review - 500 $860 $37.22 $716 $31.01 $573 $24.81 - Comm. & MF developments 1,000 $1,046 $17.97 $871 $14.97 $697 $11.98 - - 2,500 $1,315 $18.23 $1,096 $15.19 $877 $12.15 5,000 $1,771 $35.42 $1,476 $29.51 $1,181 $23.61 Single-Family Residential - Addition 50 $512 $54.77 $427 $45.64 $341 $36.51 - 250 $622 $148.04 $518 $123.36 $414 $98.69 - 500 $992 $42.93 $827 $35.78 $661 $28.62 Single- Family Residential Addition - 1,000 $1,206 $20.72 $1,005 $17.27 $804 $13.81 - - 2,500 $1,517 $21.03 $1,264 $17.53 $1,012 $14.02 5,000 $2,043 $40.86 $1,703 $34.05 $1,362 $27.24 R-2 Multi-Family Residential - Addition 50 $635 $67.91 $529 $56.59 $423 $45.27 - - 250 $771 $183.57 $642 $152.98 $514 $122.38 - - 500 $1,230 $53.22 $1,025 $44.35 $820 $35.48 - - 1,000 $1,496 $25.70 $1,247 $21.41 $997 $17.13 - - 2,500 $1,881 $26.06 $1,568 $21.71 $1,254 $17.37 5,000 $2,533 $50.66 $2,111 $42.21 $1,689 $33.77 U-1 Accessory Building - Residential 50 $478 $51.12 $398 $42.60 $319 $34.08 - - 250 $580 $138.15 $484 $115.13 $387 $92.10 - - 500 $926 $40.08 $771 $33.40 $617 $26.72 - Storage, playhouse, cabana, etc 1,000 $1,126 $19.33 $938 $16.11 $751 $12.89 - typically with SFR. 2,500 $1,416 $19.62 $1,180 $16.35 $944 $13.08 5,000 $1,907 $38.13 $1,589 $31.78 $1,271 $25.42 SHELL All Shell Buildings 1,000 $1,041 $5.58 $868 $4.65 $694 $3.72 - - 5,000 $1,265 $15.03 $1,054 $12.53 $843 $10.02 - - 10,000 $2,016 $4.38 $1,680 $3.65 $1,344 $2.92 - - 20,000 $2,454 $2.10 $2,045 $1.75 $1,636 $1.40 - - 50,000 $3,083 $2.15 $2,569 $1.79 $2,055 $1.43 100,000 $4,155 $4.16 $3,463 $3.46 $2,770 $2.77 * Each additional 100 square feet, or portion thereof, up to the next highest project size threshold. SECTION 6. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance and where such other ordinances(s) does not specifically state that fees contained therein take precedence; provided however, that Ordinance No. 20032005-13 10 is hereby repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance unless such ordinance specifically states that it controls over this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to Ordinance No. 2005-10 on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 7. SAVINGS All rights and remedies of the Town of Trophy Club are expressly saved as to any and all violations of the provisions of any Ordinances affecting fees and as to any and all claims or causes of action regarding any fees imposed by Ordinance or other Town regulation which have accrued prior to or at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending causes of action, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 8. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase 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 it would have passed such remaining portions of this Ordinance despite such invalidity or unconstitutionality and that such remaining portions shall remain in full force and effect. SECTION 9. PENALTY CLAUSE 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 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. SECTION 10. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 11. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 12. EFFECTIVE DATE That this Ordinance shall be in full force and effect from and after its date of passage and publication, in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 15th 18th day of Julyrch, 20042005. Mayor Town of Trophy Club, Texas Effective Date: March 20, 2004 [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED AS TOO AS FORM: Town Attorney Town of Trophy Club, Texas COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.D.8 Discuss and take appropriate action authorizing the purchase of a Ford F350 diesel truck to be used by the Community Development for street repairs and maintenance with the first payment due in fiscal 2005-06. EXPLANATION: Approval of this purchase will enable us to order the vehicle and accept delivery in 6-8 weeks. The purchase price will be approximately $26,000 on a 4-year lease\purchase at an annual payment of approximately $7,100. This purchase will result in no net change in the total budget. The miscellaneous street repair budget line will be reduced and the capital expenditure line increased by the same amount. If approved, the vehicle will be purchased in accordance with applicable Town purchasing policies and state law. RECOMMENDATION: Staff recommends approval ACTION BY COUNCIL: (bg) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.D.9 Consent Agenda: Discuss and take appropriate action regarding an Ordinance, repealing Ordinance Nos. 1987-06 and 1997-05, relating to flood damage prevention, and adopting new rules, regulations and standards regarding flood damage prevention within the Town. EXPLANATION: RECOMMENDATION: Staff recommends approval. ACTION BY COUNCIL: (mm) Attachments: 1. Redlined Ordinance 2. Ordinance in Final Form TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 97-052005- AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING ORDINANCES NO. 1987-06 AND NO. 1997-05 RELATING TO FLOOD DAMAGE PREVENTION AND ADOPTING NEW RULES, REGULATIONS AND STANDARDS REGARDING FLOOD DAMAGE PREVENTION WITHIN THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES; PRESCRIBING CRITERIA FOR FINDINGS OF FACT; PRESCRIBING CRITERIA FOR STATEMENT OF PURPOSE; PRESCRIBING CRITERIA FOR METHODS OF REDUCING FLOOD LOSSES; PRESCRIBING CRITERIA FOR APPLICABILITY; ESTABLISHING DEFINITIONS; PRESCRIBING CRITERIA FOR STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS; ESTABLISHING GENERAL PROVISIONS INCLUDING APPLICABILITY, ___; PRESCRIBING CRITERIA FOR GENERAL PROVISIONS; PROVIDING CRITERIA FOR THE ADMINISTRATION OF THE FLOODPLAIN ADMINISTRATOR AND PERMIT REQUIREMENTS; ESTABLISHING PROVISIONS FOR FLOOD REDUCTION; REPEALING ORDINANCE NO. 91-02A OF THE TOWN RELATING TO FLOOD DAMAGE PREVENTION; PROVIDING 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 A SAVINGS CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a home rule municipal corporation and the Town Council is empowered under § 16.311-16.318 of the TEX. LOC. GOV’T ANN. (Vernon 2004) and the laws of the State of Texas to adopt regulations designed to minimize flood losses; and, WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”), is authorized and empowered by law, in accordance with the National Flood Insurance Program/Federal Emergency Management Association to regulate the development of land and property development within the Town; and, WHEREAS, on March 23, 1987, the Town Council of the Town of Trophy Club, Texas, approved Ordinance No. 87-06, adopting regulations relating to Flood hazard prevention; and, WHEREAS, on March 18, 1997, the Town Council of the Town of Trophy Club, Texas, approved Ordinance No. 1997-05, adopting new provisions relating to Flood damage and prevention; and, WHEREAS, since the passage of Ordinance Nos. 1987-06 and 1997-05, the Town has evaluated the regulations regarding Flood damage and prevention; and, WHEREAS, the Town Council hereby finds that the repeal of Ordinance Nos. 1987-06 and 1997-05 and the adoption of this Ordinance is in the best interests 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 OF PREMISES All of 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. FINDINGS OF FACT 1. The Special Flood Hazard Areas of the Town of Trophy Club are subject to periodic inundation which may result in loss of life and property, health and safety hazards, in disruption of commerce and governmental services, and in extraordinary public expenditures for Flood protection and relief, all of which adversely affect the public health, safety and general welfare. 2. These Flood losses are created by the cumulative effect of obstructions in Floodplains which cause an increase in Flood heights and velocities, and by the occupancy of Special Flood Hazard Areas by uses vulnerable to Floods and are hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from Flood damage. SECTION 3. STATEMENT OF PURPOSE It is the purpose of this Ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to Flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of future public money for costly Flood- control projects; 3. Minimize the need for rescue and relief efforts associated with Flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone, storm drainage and sanitary sewer lines, streets and bridges located in a SFHA; 6. Help maintain a stable tax base by providing for the sound use and Development of Flood-prone areas in such a manner as to minimize future Flood-blight areas; and 7. Insure that potential buyers are notified when a property is in a Special Flood Hazard Area. SECTION 4 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this Ordinance employs the following methods, techniques and/or provisions: 1. Restrict or prohibit uses that are dangerous to health, safety or property in times of Flood, or cause excessive increases in Flood heights or velocities; 2. Require that uses vulnerable to Floods, including facilities that serve such uses, be protected against Flood damage at the time of initial construction; 3. Control the alteration of natural Floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters; 4. Control filling, grading, dredging and other Development, which may increase Flood damage; 5. Prevent or regulate the construction of Flood barriers which will unnaturally divert floodwaters or which may increase Flood hazards to other lands. 6. Conserve in perpetuity the waterways where the 100-year Floodplain and BFEs have been designated, throughout the Town, as a natural protection against the hazards and losses connected with Flooding. SECTION 5 APPLICABILITY This Ordinance shall apply to all Areas of Special Flood Hazard within the jurisdiction and control of the Town of Trophy Club. SECTION 6 DEFINITIONS Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. Alluvial Fan Flooding: Flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. Apex: A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. Appeal: A request for a review of the Floodplain Administrator’s interpretation of any provision of this Ordinance or a request for a Variance. :A Area of Shallow Flooding: A designated AC, AH, or Vo zone on a community’s Flood Insurance Rate Map (FIRM) with a one-percent change or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of Special Flood Hazard: The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones, A, AE, AH, AO, A1-00, VO, V1-30, VE or V. Base Flood: The floodFlood having a one percent (1%) chance of being equaled or exceeded in any given year. Base Flood Elevation (BFE): The elevation for which there is a one-percent (1%) chance in any given year that Flood levels will equal or exceed it. The BFE is determined by statistical analysis for each local area and designated on the Flood Insurance Rate Maps. It is also known as the 100-year Flood elevation. Basement: Any area of the building having its floor subgrade (below ground level) on all sides. Breakaway Wall: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. CLOMR – Conditional Letter of Map Revision: A letter from FEMA commenting on whether a proposed project, if built as proposed, would meet FEMA minimum standards and which could result in a Federal Insurance Rate Map (FIRM) Letter of Map Revision (LOMR). Compliance: No Structure or land shall hereafter be located, altered, or have its use changed without achieving full compliance with the terms of this Ordinance and other applicable regulations. Critical Feature: An integral and readily identifiable part of a flood protection systemFlood Protection System, without which the floodFlood protection provided by the entire system would be compromised. Development: Any man-made change in improved and unimproved real estate, including but not limited to buildings or other structureStructures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. Elevated Building: A nonbasement building that is: 1. Built, in the case of a building in Zones A1-30, AE, A, A00, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structureStructure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), foundation walls or shear walls parallel to the floor of the water; and 2. Adequately anchored so as not to impair the structural integrity of the building during a floodFlood of up to the magnitude of the base floodBase Flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, “elevated buildingElevated Building” also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodFlood waters. In the case of Zones V1-30, VE, or V, “elevated buildingElevated Building” also includes a building otherwise meeting the definition of “elevated buildingElevated Building,” even though the lower area is enclosed by means of breakaway wallBreakaway Walls, oif the breakaway wallBreakaway Walls met the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations. Elevation Certificate: FEMA Form 81-31. An administrative tool of the NFIP used to provide elevation information necessary to ensure Compliance with community Floodplain management oOrdinances, to determine the proper insurance premium rate, and to support a request for a Letter of Map Amendment or Revision (LOMA or LOMR-F). Existing Construction: For the purpose of determining rates, structureStructures for which the “start of constructionStart of Construction” commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. “Existing constructionExisting Construction” may also be referred to as “existing structureStructures.” Existing Manufactured Home Park or Subdivision: A manufactured homeManufactured Home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homeManufactured Homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulationsFloodplain Management Regulations adopted by a community. Expansion to an Existing Manufactured Home Park or Subdivision: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homeManufactured Homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.). Federal Emergency Management Agency (FEMA): The federal agency responsible for the emergency evaluation and response to natural disasters caused by earthquakes, hurricanes, floodFloods, tornadoes, snowstorms, hail, forest fires, drought and weather-related phenomenon. Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters, 2. The unusual and rapid accumulation of runoff of surface waters from any source. Flood Elevation Study: An examination, evaluation and determination of Flood hazards and, if appropriate, corresponding Water Surface Elevations, or an examination, evaluation and determination of mudslide (i.e. mudflow) and/or Flood-related erosion hazards. Flood Hazard Boundary Map (FHBM): An official map of a community, issued by FEMA, where the areas within the boundaries of special Flood hazards have been designated as Zone A. Flood Insurance Rate Map (FIRM): An official map of a community, on withwhich the Federal Emergency Management Agency (FEMA) has delineated both the areas of special food hazardAreas of Special Flood Hazards and the risk premium zones applicable to the community. Flood Insurance Study: The official report provided by the Federal Emergency Management Agency (FEMA). The report contains floodFlood profiles, water surface elevationWater Surface Elevation of the base floodBase Flood, as well as the Flood Hazard Boundary – Floodway Map. Floodplain Administrator: The Floodplain Administrator of the Town of Trophy Club, or their designee. Floodplain Development Permit: A permit for property located in an SFHA issued by the Floodplain Administrator that is required to ensure conformance with the provisions of this Ordinance. Floodplain or Flood-Prone Area: Any land area susceptible to being inundated by water from any source (see definition of fFlooding). Floodplain Management: The operation of an overall program of corrective and preventive measures for reducing floodFlood damage, including but not limited to emergency preparedness plans, floodFlood control works and floodplain management regulationsFloodplain Management Regulations. Floodplain Management Regulations: Zoning ordinancesOrdinances, subdivision regulations, building codes, health regulations, special purpose ordinances Ordinances (such as a floodplainFloodplain ordinanceOrdinance, grading ordinance Ordinance and erosion control ordinanceOrdinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of floodFlood damage prevention and reduction. FLOOD PROTECTION SYSTEM – means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a “special flood hazard” and the extent of the depths of associated flooding. Such a system typically include hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. Floodproof: Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, Structures and their contents. Flood Protection System: Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify Flooding in order to reduce the extent of the areas within a community subject to a “special Flood hazard” and the extent of the depths of associated Flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, Levee s or dikes. These specialized Flood-modifying works are those constructed in conformance with sound engineering standards. Floodway (Regulatory Floodway): The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base floodBase Flood without cumulatively increasing the water surface elevationWater Surface Elevation more than a designated height. Functionally Dependent Use: A use whichuse that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. Highest Adjacent Grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic Structure: Any structureStructure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the Natural Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district of a district preliminarily determined by the Secretary to qualify as a registered historic district. 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either; a. By an approved state program as determined by the Secretary of the Interior, or b. Directly by the Secretary of the Interior in states without approved programs.; Levee: A man-made structureStructure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary floodFlooding. Levee System: A flood protection system which consists of a levee, or levees, and associated structures, such as closure drainage devices, which are constructed and operated in accordance with sound engineering practices. LOMR – Letter of Map Revision: A letter from FEMA officially revising the current FIRM to show changes to Floodplains, Floodways, or Flood elevations. Lowest Floor: The lowest floorLowest Floor of the lowest -enclosed area (including basementBasement). An unfinished or floodFlood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basementBasement area is not considered a building’s lowest floorLowest Floor; provided that such enclosure is not built so as to render the structureStructure in violationViolation of the applicable non-elevation design requirement of Section 60.03 of the National Flood Insurance Program regulations. Manufactured Home: A structureStructure transportable in one or more sections, which is built on a permanent chassis and is designed for use with our without a permanent foundation withwhen connected to the required utilities. The term “manufactured homeManufactured Home” does not include a “recreational vehicleRecreational Vehicle.” Manufactured Home Park Oor Subdivision: A parcel (or contiguous parcels) of land divided into two or more manufactured homeManufactured Home lots for rent or sale. Mean Sea Level (MSL): For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base floodBase Flood elevations shown on a community’s Flood Insurance Rate Map are referenced. National Flood Insurance Program (NFIP): The program of Flood insurance coverage and Floodplain Management administered under the National Flood Insurance Act of 1968 and any amendments to it. and applicable Federal regulations promulgated in Title 44 of the Code of Federal Regulations, Subchapter B. New Construction: For the purpose of determining insurance rates, structureStructures for which the “start of constructionStart of Construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structureStructures. For fFloodplain Mmanagement purposes, “new constructionNew Construction” means structureStructures for which the “start of constructionStart of Construction” commenced on or after the effective date of a fFloodplain Mmanagement regulation adopted by a community and includes any subsequent improvements to such structureStructures. New Manufactured Home Park Or Subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. Permanent Construction: To include, but is not limited to, the pouring of slab or footing, the installation of piles, the construction of columns, any work beyond the state of excavation or filling; or the placement of a Manufactured Home on a foundation. Permanent Construction does not include land preparation, such as clearing, grading, and filling; the installation of streets and /or walkways; and excavation for Basement, footings, piers or foundations or the erection of temporary forms. Recreational Vehicle: A vehicle whichthat is: 1. Built on a single chassis; 2. Four hundred (400) square feet or less when measured at the largest horizontal projections; 3. Designed to be self-propelled or permanently towable by a light- duty truck; and, 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Regulatory Flood: The Flood having a one-percent (1%) chance of being equaled or exceeded in any given year (100-year Flood) as determined from an analysis of Floods on a particular stream and other streams in the same general region. The upstream watershed shall be assumed to be fully urbanized in accordance with the current land use plan adopted by the Town. For the portions of the upstream watershed outside the Town, reasonable assumptions relating to urbanization shall be made by the Floodplain Administrator. Regulatory Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the Water Surface Elevation more than a designated height. Riverine: The condition of a body of water; relating to, formed by, or resembling a river, stream brook, etc., which is channelized and flowing either in a natural or improved condition. Special Flood Hazard Area (SFHA): The land in the Floodplain within a community subject to a one percent (1%)or greater chance of Flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones, A, AE, AH, AO, A1- 00, VO, V1-30, VE or V. Start of Construction: (For other than new constructionNew Construction or substantial improvementSubstantial Improvements under the Coastal Barrier Resources Act (Pub. L. 97- 348).) Includes substantial improvementSubstantial Improvement and means the date the building permit was issued, provided the actual start of constructionStart of Construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one- hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent constructionPermanent Construction of a structureStructure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured homeManufactured Home on a foundation. Permanent constructionPermanent Construction does not include land preparation, such as clearing, grading and filing; nor does it include the installation of streets and/or walkways; nor does it include excavation for basementBasement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structureStructure. For a substantial improvementSubstantial Improvement, the actual start of constructionStart of Construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure: A walled and roofed building, including a gas or liquid storage tank, than is principally above ground, as well as a manufactured homeManufactured Home. Substantial Damage: Damage of any origin sustained by a structureStructure whereby the costs of restoring the structureStructure to its before -damaged condition would equal or exceed fifty percent (50%) of the market value of the structureStructure before the damage occurred. Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structureStructure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structureStructure before “start of constructionStart of Construction” of the improvement. This includes structureStructures whichthat have incurred “substantial damageSubstantial Damage,”, regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structureStructure to correct existing violationViolations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or, 2. Any alteration of a “historic structureHistoric Structure,”, provided that the alteration will not preclude the structureStructure’s continued designation as a “historic structureHistoric Structure.” Town: The Town of Trophy Club, Texas. Variance: A grant of relief to a person from the requirement of this ordinance Ordinance when specific enforcement would result in unnecessary hardship. A varianceVariance, therefore, permits construction or developmentDevelopment in a manner otherwise prohibited by this Ordinance. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) Violation: The failure of a structureStructure or other developmentDevelopment to be fully compliant with the community’s floodplain management regulationsFloodplain Management Regulations. A structureStructure or other developmentDevelopment without the elevation certificateElevation Certificate, other certifications, or other evidence of complianceCompliance required in Section 60.3(b)(5), (c)(4), (c)(3), (c)(10), (d)(3), (e)(2), (3)(4), or (e)(5) of the National Flood Insurance Program Regulations, and is presumed to be in violationViolation until such time as that documentation is provided. Water Surface Elevation: The height, in relation to the National GoedeticGeodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floodFloods of various magnitudes and frequencies in the floodplainFloodplains of coastal or riverineRiverine areas. SECTION 3. STATUTORY AUTHORIZATON, FINDINGS OF FACT, PURPOSE AND METHODS A. Statutory Authorization The Legislature of the State of Texas has in V.T.C.SA. Water Code § 16.3115-16.318 delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the Town Council Government of the Town of Trophy Club, Texas, does ordain as follows: (MOVED TO A WHEREAS CLAUSE) BA. Findings of Fact (Should this be its own section moved in front of DEFINITIONS? 1. The flood hazard areas of the Town of Trophy Club are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. 2. These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazards areas by uses vulnerable to floods and hazardous to other lands because they re inadequately elevated, floodproofed or otherwise protected from flood damage. CB. Statement of Purpose (Should this be its own section moved in front of DEFINITIONS? It is the purpose of this oOrdinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood control projects: 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; 6. Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and 7. Insure that potential buyers are notified that property is in a flood area.DC. Methods of Reducing Flood Losses In order to accomplish its purposes, this ordinance uses the following methods: 1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; 2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; 4. Control filling, grading, dredging and other development which may increase flood damage; 5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. SECTION 47. GENERAL PROVISIONS A. Lands To Which This Ordinance AppliesApplicability This article/oOrdinance shall apply to all areas of special flood hazard with the jurisdiction of the Town of Trophy Club. (Should we move this up to the front…maybe under Incorp of Prem? BA. Basis For Establishing The Areas of Special Flood Hazard The Areas Oof Special Flood Hazard identified by the Federal Emergency Management Agency in a the current scientific and engineering report entitled, “The Flood Insurance Study (FIS) for Denton County, Texas and Incorporated Areas,” dated April 2, 1997December 6, 2002, with accompanying Flood Insurance Rate maps and Flood Boundary Floodway Maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinanceOrdinance. The latest FIRM Panels, including: 48121C0515F dated 03/30/98; 48121C0655E dated 04/02/97; 48121C0520E dated 04/02/97; 48121C0660E dated 04/02/97; and 48121CIND0A dated12/06/02. BC. Establishment of Floodplain Development Permit A. A Floodplain Development Permit shall be required for all Development taking place within the area of the 100-year Floodplain (Special Flood Hazard Areas) as shown on the current Flood Insurance Rate Maps and Flood Boundary-Floodway Maps, published by the Federal Emergency Management Agency (FEMA). These maps are available for public inspection in the Community Development Department. to ensure conformance with the provisions of this Oordinance. B. Any permit issued in accordance with this Ordinance shall automatically expire after the expiration of two (2) years from the date of the permit unless Development is completed or the Town Council reinstates such permit after permit applicant’s written request prior to the conclusion of the two-year period. CD. Compliance No structureStructure or land shall hereafter be located, altered, or have its use changed without full complianceCompliance with the terms of this Ordinance and other applicable laws, codes or regulations. DE. Abrogation and Greater Restrictions This Oordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where in this Ordinance and another Ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (PAA: Does this conflict with the Cum Rep Clause? EF. Interpretation In the interpretation and application of this Ordinance, all provisions shall be: 1. cConsidered as minimum requirements; 2. lLiberally construed in favor of the governing body; and 3. dDeemed neither to limit nor repeal any other powers granted under State statuteslaw. FG. Warning and Disclaimer of Liability The degree of floodFlood protection required by this ordinance Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floodFloods can and will occur and floodFlood heights may be increased by man-made or natural causes. This ordinance Ordinance does not imply that land outside the Areas Of Special Flood Hazards or uses permitted within such areas will be free from floodFlooding or floodFlood damage. This ordinance Ordinance shall not create liability on the part of the community Town or any official or employee thereof for any floodFlood damages that result from reliance on this ordinance Ordinance or any administrative decision lawfully made thereunder. G. Dumping and Obstructions Prohibited The placement or dumping of any material (including but not limited to dirt, rock, construction debris, rubbish, refuse, tree and brush cuttings, grass clippings, or any other waste, material, or device which may obstruct or impede flow) in a SFHA that regularly or periodically carries surface water is prohibited. SECTION 58. ADMINISTRATION A. Designation of the Floodplain Administrator The Building Official Community Development Director or her designee is hereby appointed as the Floodplain Administrator to administer and implement the provisions of this Ordinance and other appropriate sections of $$44CFR (National Flood Insurance Program Regulations) pertaining to floodplain management. B. Duties and Responsibilities of the Floodplain Administrator Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: 1. Maintain and hold open for public inspection all records pertaining to the provisions of this Ordinance. Records will be held on file in the Town Offices at 100 Municipal Drive, Trophy Club, Texas 76262. 2. Review permit applications to determine whether proposed building sites, including the placement of manufactured homeManufactured Homes, will be reasonably safe from flooding. 3. Review, approve, or deny all applications for development permits required by adoption of this Ordinance. 4. Review permits for proposed developmentDevelopment to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S. C. 1334) from which prior approval is required. 5. Where interpretation is needed as to the exact location of the boundaries of the Areas Oof Special Flood Hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Floodplain Administrator shall make the necessary interpretation. a. When such interpretation results in a determination that an area is NOT in a Special Flood Hazard Area, the issuance of any building permit for any part of the area subsequent thereto shall be subject to the applicant’s agreement to indemnify, hold harmless, and defend the Town of Trophy Club, the Town Engineer, and the Floodplain Administrator for any adverse consequences resulting from or related to such determination. 6. Notify, in riverineRiverine situations, adjacent communities, and the State Coordinating Agenciesy, which isare Texas Commission on Environmental Quality (TCEQ) Natural Resource Conversation Commission, and the Texas Water Commission, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). 7. Assure that the floodFlood- carrying capacity with the altered or relocated portion of any watercourse is maintained or increased. 8. When base floodBase Flood elevationElevation data has not been provided in accordance with Article IIISection 74, subSsection BA, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article Vobtain, review and reasonably utilize Base Flood Elevation data and Flood elevation data which shall be provided in the form of a Hydrologic and Hydraulic Flood Elevation Study from the developer and/or property owner. The study shall be performed and sealed by a Registered Professional Engineer.. 9. When a regulatory floodRegulatory FloodwayFloodway has not been designated, the Floodplain Administrator must require that no new constructionNew Construction, substantial improvementSubstantial Improvements, or other developmentDevelopment (including fill) shall be permitted with Zones A1-30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed developmentDevelopment, when combined with all other existing and anticipated developmentDevelopment, will not increase the water surface elevationWater Surface Elevation of the base floodBase Flood more than one foot at any point within the community. If the provisions of this paragraph are exceeded, all of the requirements of NFIP Regulation Section 65.12 must be accomplished prior to the commencement of Development. 10. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community’s FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA. C. Permit Procedures 1. Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/herthe Floodplain Administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the exact location, dimensions, and elevation of proposed landscape alterations, existing and proposed structureStructures, including the placement of manufactured homeManufactured Homes, and the location of the foregoing in relation to Areas Oof Special Flood Hazard. Additionally, the following information is required: a. Elevation (in relation to mean sea levelMean Sea Level), of the lowest floorLowest Floor (including basementBasement) of all new and substantially improved structureStructures. b. Elevation in relation to mean sea levelMean Sea Level to which any nonresidential structureStructure shall be floodproofed; c. A FEMA certificateElevation Certificate from a registered professional engineer or architect surveyor that the non- residential floodproofed structureStructure shall meet the floodproofing criteria of Article VSection 96, Section B(2); d. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed developmentDevelopment; Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; e. Maintain a record of all such information in accordance with Article IVSection 85, Section (B.)(1). f. Neighboring communities that are known to be affected by proposed Development in a watercourse that are in a Special Flood Hazard Area shall be notified of any proposed alterations prior to construction. 2. Approval or denial ofdenial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance Ordinance and the following relevant factors: a. The danger of life and property due to floodFlooding or erosion damage;. b. The susceptibility of the proposed facility and its contents to floodFlood damage and the effect of such damage on the individual owner; c. The danger that materials may be swept onto other lands to the injury of others persons or property; d. The compatibility of the proposed use with existing and anticipated developmentDevelopment; e. The safety of access to the property in times of floodFlood for ordinary and emergency vehicles; f. The costs of providing governmental services during and after floodFlood conditions including maintenance and repair of streets, and bridges, and public utilities; and facilities such as sewer, gas, electrical and water systems; g. The expected heights, velocity, duration, rate of rise and sediment transport of the flood watersfloodwaters and effects of wave action, if applicable, expected at the site; h. The necessity to the facility of a waterfront location, where applicable; i. The availability of alternative locations, not subject to floodFlooding or erosion damage, for the proposed use; j. The relationship of the proposed use to the comprehensive plan for that area. k. No more than one (1) building shall be constructed per acre of Floodplain. l. The cumulative effects of Development and the associated loss of storm water storage and/or detention. D. Variance Procedures 1. The Building Appeals Board as established appointed by the Community (?)Town Council shall hear and render judgment on requests for varianceVariances from the requirements of this Ordinance. Upon consideration of the factors noted in this Section and the intent of this Ordinance, the Building Appeals Board may attach such conditions to the granting of Variances, as it deems necessary to further the purpose and objectives of this Ordinance (Section 5). 2. The AppealBuilding Appeals Board shallBoard shall hear and render judgment on an appealAppeal only when it is alleged there is an error in any requirement, decision, or determination made my by the Floodplain Administrator in the enforcement or administration of this ordinanceOrdinance provided that written notice of such Appeal is filed with the Floodplain Administrator within ten (10) business days of the date of the decision or a determination by the Floodplain Administrator.. 3. Any person or persons aggrieved by the decision of the Building Appeals Board may appealAppeal such decision in the courts of competent jurisdiction. 4. The Floodplain Administrator shall maintain a record of all actions involving an appealAppeal and shall report varianceVariances to the Federal Emergency Management Agency upon requests. 5. Variances may be issued for the reconstruction, rehabilitation or restoration of structureStructures listed on the National Register of Historic Places or the State Inventory of History Places, without regard to the procedures set forth in the remainder of this ordinanceOrdinance. 6. Variances may be issued for new constructionNew Construction and substantial improvementSubstantial Improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structureStructures constructed below the base floodBase Flood level, providing the relevant factors in Section C(.2) of this Article Section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the varianceVariance increases. 7. Upon consideration of the factors noted above and the intent of this ordinanceOrdinance, the Appeal Board may attach such conditions to the granting of varianceVariances as it deems necessary to further the purpose and objectives of this oOrdinances (Article ISection 3, Ssubsection CD). 8. Variances shall not be issued within any designated floodwayFloodway if any increase in floodFlood levels during the base floodBase Flood discharge would result. 9. Variances may be issued for the repair or rehabilitation of historic structureHistoric Structures upon a determination that the proposed repair or rehabilitation will not preclude the structureStructure’s continued designation as a historic structureHistoric Structure and the varianceVariance is the minimum necessary to preserve the historic character and design of the structureStructure. 10. Prerequisites for granting varianceVariances are as follows: a. Variances shallmay only be issued upon a determination that the varianceVariance is the minimum necessary, considering the floodFlood hazard, to afford relief. b. Variances shallmay only be issued upon, i. Showing a good and sufficient cause; ii. A determination that failure to grant the varianceVariance would result in exceptional hardship to the applicant, and, iii. A determination that the granting of a varianceVariance will not result in increased floodFlood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinancesOrdinances. c. The granting of a Variance by the Building Appeals Board is contingent upon meeting all requirements of NFIP Regulation, Section 65.12 prior to the commencement of any Development. c.Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 11. Variances may be issued by a communitythe Town for new constructionNew Construction and substantial improvementSubstantial Improvements and for other developmentDevelopment necessary for the conduct of a functionally dependent useFunctionally Dependent Use provided that: a. The criteria outlined in Section 85, subsection D (1.)-(9.) are met, and b. The structureStructure or other developmentDevelopment is protected by methods that minimize floodFlood damages during the base floodBase Flood and create no additional threats to public safety. 12. Written notice shall be mailed by certified mail, return receipt requested, to an applicant prior to the granting of a Variance, stating that should a Structure be permitted to be built with the Lowest Floor elevation below the standard minimum floor elevation, the cost of flood insurance will be commensurate with the increased risk resulting from the reduced Lowest Floor elevation. Such notice shall be effective upon deposit in United States mail. SECTION 96. PROVISIONS FOR FLOOD REDUCTION A. General Standards In all Areas oOf Special Flood Hazards, the following provisions are required for all new constructionNew Construction and substantial improvementSubstantial Improvements.: 1. All new constructionNew Construction or substantial improvementSubstantial Improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movements of the structureStructure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; 2. All new constructionNew Construction or substantial improvementSubstantial Improvements shall be constructed by methods and practices that minimize floodFlood damage; 3. All new constructionNew Construction or substantial improvementSubstantial Improvements shall be constructed with materials resistant to floodFlood damage; 4. All new constructionNew Construction or substantial improvementSubstantial Improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of floodFlooding;. 5. All new and replacement water supply systems shall be designated to minimize or eliminate infiltration of flood watersfloodwaters into the system and discharge from the systems into flood waters; and, 6. All Nnew and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood watersfloodwaters into the system and discharge from the systems into flood watersfloodwaters; and 7. All new and replacement Oon-site waste disposal systems shall be located to avoid impairment to them or contamination from them during floodFlooding; and,. (8) All new critical facilities, such as emergency centers, hospitals, fire stations, power stations, hazardous materials storage sites or other sites determined by the Town, are prohibited from the 500-year Floodplain. B. Specific Standards In all Areas Oof Special Flood Hazards where base floodBase Flood elevationElevation data has been provided as set forth in (i) Article IIISection 74, subSsection Ba, (ii), ArticleSection 85 IVv, subSsection B(8), or (iii) Article VSection 69, Ssubsection C(3), the following provisions are required: 1. Residential Construction: ew constructionNew Construction and substantial improvementSubstantial Improvement of any residential structureStructure shall have the lowest floorLowest Floor (including basementBasement), elevated a minimum of two feet (2’) to or above the base floodBase Flood elevationElevation. A registered professional engineer, architect, or land surveyor shall submit a FEMA Floodplain elevation certification to the Floodplain Administrator that the standard of this subsection, as proposed in Article IVSection 58, Section subsection C(1)a., is satisfied. 2. Nonresidential Construction: ew constructionNew Construction and substantial improvementSubstantial Improvements of any commercial, industrial or other nonresidential structureStructure shall either have the lowest floorLowest Floor (including basementBasement) elevated two feet (2’) or more above the base floodBase Flood level or together with attendant utility and sanitary facilities, shall be designed so that below this level (minimum two feet (2’) above the Base Flood Elevation) the base flood level the structureStructure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification, which includes the specific elevation (in relation to mean sea levelMean Sea Level) to which such structureStructures are floodproofed, shall be maintained by the Floodplain Administrator. 3. Enclosures: New constructionNew Construction and substantial improvementSubstantial Improvements, with fully enclosed areas below the lowest floorLowest Floor that are usable solely for parking of vehicles, building access or storage in any area other than a basementBasement and which are subject to floodFlooding shall be designed to automatically equalize hydrostatic floodFlood forces on exterior walls by allowing for the entry and exit from of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a. A minimum of two (2) openings on separate walls having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to floodFlooding shall be provided. b. The bottom of all openings shall be no higher than one foot (1’) above grade. c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 4. Manufactured Homes a. No Manufactured Home will be allowed to be placed in a Floodway. b. Require that all manufactured homeManufactured Homes to be placed within Zone A on a community’s FHBM or FIRM shall be installed using methods and practices whichpractices that minimize floodFlood damage. For the purposes of this requirement, manufactured homeManufactured Homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. bc. Require that all manufactured homeManufactured Homes that are placed or substantially improved within Zones A1-30, AH, and AE ion the community’s FIRM on sites: i. Outside of a manufactured homeManufactured Home park or subdivision, ii. In a new manufactured homeManufactured Home park or subdivision, iii. In an expansion to an existing manufactured home parkExisting Manufactured Home Park or subdivisionor Subdivision, or iv. In an existing manufactured home parkExisting Manufactured Home Park or subdivisionor Subdivision on which a manufactured homeManufactured Home has incurred “substantial damageSubstantial Damage” as a result of a floodFlood, be elevated on a permanent foundation such that the lowest floorLowest Floor of the manufactured homeManufactured Home is elevated to a minimum of two feet (2’) be above the Base Flood eElevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. d. Require that manufactured homeManufactured Homes be placed or substantially improved on sites in an existing manufactured home parkExisting Manufactured Home Park or subdivisionor Subdivision with Zones A1-30, AH and AE on the community’s FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either: i. The lowest floorLowest Floor of the manufactured homeManufactured Home is a minimum of two (2) feet (2’) at or above the base floodBase Flood elevationElevation, or ii. The manufactured homeManufactured Home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36thirty-six inches (36”) in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 5. Recreational Vehicles a. Require that recreational vehicleRecreational Vehicles placed on sites within Zones A1-30, AH, and AE on the community’s FIRM either: i. Be on the site for fewer than one-hundred eighty (180) consecutive days, or ii. Be fully licensed and ready for highway use, or iii. Meet the permit requirements of Article IVSection 85, subsSection C(1)., and the elevation and anchoring requirements for “manufactured homeManufactured Homes” in paragraph (4) of this section. A recreational vehicleRecreational Vehicle is ready for highway use if it is on its wheels or jacking system,; is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. 6. Floodplain Compensation: a. Whenever any portion of a Floodplain is authorized for use, the space occupied by the authorized fill or Structure below the Base Flood Elevation shall be compensated for by a hydraulically equivalent volume of excavation taken from below the Base Flood Elevation. All such excavations shall be constructed to drain freely to the watercourse. 7. Foundation Protection a.a. Engineered Fill – All new buildings constructed in Zone A, A1-30, AH and AE on the community’s FIRM must be constructed on properly designed and compacted fill. C. Standards For Subdivision Proposals 1. All subdivision proposals including the placement of manufactured homeManufactured Home parks and subdivisions shall be consistent with Article Sections I2 and 53, subsSections BC, CD, and D E of this ordinanceOrdinance. 2. All proposals for the developmentDevelopment of subdivisions including the placement of manufactured homeManufactured Home parks and subdivisions shall meet Floodplain Development Permit requirements of Article IIISection 47, Section subsection C; Article IVSection 58, Section subsection C; and the provisions of Article VSection 96 of this Ordinance. 3. Base- floodFlood elevationElevation data shall be generated for subdivision proposals and other proposed developmentDevelopment including the placement of manufactured homeManufactured Home parks and subdivisions which isare greater than fifty (50) lots or five (5) acres, whichever is lesser, if not otherwise provided pursuant to Article IIISection 47, Section subsection AB or Article IVSection 85, Section Subsection B (8.) of this ordinanceOrdinance. 4. All subdivision proposals including the placement of manufactured homeManufactured Home parks and subdivisions shall have adequate drainage provided to reduce exposure to floodFlood hazards. 5. All subdivision proposals including the placement of manufactured homeManufactured Home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate floodFlood damage. 6. Compensatory Storage requirement (cut and fill) is required by developers to compensate for the loss of conveyance (storage) caused by filling in the Floodplain fringe by removing the hydraulically equivalent amount of material in the Floodplain near the proposed Development. This will help to maintain Flood storage and ensure that floodwaters will not be displaced onto another property as the result of a Floodplain fill. Section D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/EO ZONES) Located within the areas of special flood hazard established in Article III, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with the base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community’s FIRM (at least two feet if no depth number is specified). (2) All new construction and substantial improvements of non-residential structures: (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community’s FIRM (at least two feet if no depth number is specified), or; (ii) together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article IV, Section C(1)a., are satisfied. (4) Require within Zones AH and AO adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. D. Floodways Floodways located within Areas Oof Special Flood Hazard established in Article IIISection 47, Section subsection BA, are areas designated as floodwayFloodways. Since the floodwayFloodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles and erosion potential, the following provisions shall apply: 1. Encroachments are prohibited, including fill, new constructionNew Construction, substantial improvementSubstantial Improvements and any other developmentDevelopment within the adopted Regulatory Floodway. within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. 2. If a Variance to Article VSection 96, Ssubsection ED (1) above is satisfied granted, all new constructionNew Construction and substantial improvementSubstantial Improvements shall comply with all applicable floodFlood hazard reduction provisions of this ArticleSection Vand all of the requirements of NFIP Regulation, Section 65.12 must be accomplished prior to the commencement of Development.. (3) Under the provisions of 44CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, a community may permit encroachments with the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA. . EFSECTION 10 PENALTY CLAUSE No Structure or land shall hereafter be erected, located, extended, modified, converted, altered, or have its use changed without full Compliance with the terms of this Article/Ordinance and other applicable laws, codes and regulations. Violation of the provisions of this Article/Ordinance by failure to comply with any of its requirements (including Violations of conditions and safeguards established in connection with conditions) will constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more that two thousand dollars ($2,000.00) for each Violation, and each and every day the Violation occurs shall constitute a separate Violation. Nothing herein contained in this section or any other section of this article shall prevent the Town of Trophy Club from taking such other lawful action as is necessary to prevent or remedy any Violation, including but not limited to refusal to approve a plat or issue a building permit, or to obtain injunctive relief against the violator pursuant to Texas Civ. Stat. Ann Art. 1175f (Vernon’s 1986) or any other statute, or any other legal remedy available to the Town. SECTION 117. CUMULATIVE REPEALER CLAUSE This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance; provided, however, that Ordinance Nos. 87-06 and 97-05 isare hereby repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to Ordinance Nos. 87- 06 and 97-05 on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 812. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase 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 it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 139. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violationViolations of the provisions of any other Ordinance affecting floodFlood damage prevention regulations which have secured at the time of the effective date of this Ordinance; and, as to such accrued violationViolations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 14.0. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 151. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. SECTION 126. 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 the 18th day of March, 1997_____ day of _____, 2005. ___________________________________ Mayor, Town of Trophy Club, Texas EFFECTIVE DATE: [SEAL] ATTEST: __________________________________________ Town Secretary, Town of Trophy Club, Texas APPROVED AS TO FORM: ___________________________________________ Town Attorney, Town of Trophy Club, Texas TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2005- AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING ORDINANCES NO. 1987-06 AND NO. 1997-05 RELATING TO FLOOD DAMAGE PREVENTION AND ADOPTING NEW RULES, REGULATIONS AND STANDARDS REGARDING FLOOD DAMAGE PREVENTION WITHIN THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES; PRESCRIBING CRITERIA FOR FINDINGS OF FACT; PRESCRIBING CRITERIA FOR STATEMENT OF PURPOSE; PRESCRIBING CRITERIA FOR METHODS OF REDUCING FLOOD LOSSES; PRESCRIBING CRITERIA FOR APPLICABILITY; ESTABLISHING DEFINITIONS; PRESCRIBING CRITERIA FOR GENERAL PROVISIONS; PROVIDING CRITERIA FOR THE ADMINISTRATION OF THE FLOODPLAIN ADMINISTRATOR AND PERMIT REQUIREMENTS; ESTABLISHING PROVISIONS FOR FLOOD REDUCTION; ; PROVIDING 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 A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a home rule municipal corporation and the Town Council is empowered under § 16.311-16.318 of the TEX. LOC. GOV’T ANN. (Vernon 2004) and the laws of the State of Texas to adopt regulations designed to minimize flood losses; and, WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”), is authorized and empowered by law, in accordance with the National Flood Insurance Program/Federal Emergency Management Association to regulate the development of land and property development within the Town; and, WHEREAS, on March 23, 1987, the Town Council of the Town of Trophy Club, Texas, approved Ordinance No. 87-06, adopting regulations relating to Flood hazard prevention; and, WHEREAS, on March 18, 1997, the Town Council of the Town of Trophy Club, Texas, approved Ordinance No. 1997-05, adopting new provisions relating to Flood damage and prevention; and, WHEREAS, since the passage of Ordinance Nos. 1987-06 and 1997-05, the Town has evaluated the regulations regarding Flood damage and prevention; and, WHEREAS, the Town Council hereby finds that the repeal of Ordinance Nos. 1987-06 and 1997-05 and the adoption of this Ordinance is in the best interests 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 OF PREMISES All of 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. FINDINGS OF FACT 1. The Special Flood Hazard Areas of the Town of Trophy Club are subject to periodic inundation which may result in loss of life and property, health and safety hazards, in disruption of commerce and governmental services, and in extraordinary public expenditures for Flood protection and relief, all of which adversely affect the public health, safety and general welfare. 2. These Flood losses are created by the cumulative effect of obstructions in Floodplains which cause an increase in Flood heights and velocities, and by the occupancy of Special Flood Hazard Areas by uses vulnerable to Floods and are hazardous to other lands because they are inadequately elevated, Floodproofed or otherwise protected from Flood damage. SECTION 3. STATEMENT OF PURPOSE It is the purpose of this Ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to Flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of future public money for costly Flood- control projects; 3. Minimize the need for rescue and relief efforts associated with Flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone, storm drainage and sanitary sewer lines, streets and bridges located in a SFHA; 6. Help maintain a stable tax base by providing for the sound use and Development of Flood-prone areas in such a manner as to minimize future Flood-blight areas; and 7. Insure that potential buyers are notified when a property is in a Special Flood Hazard Area. SECTION 4 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this Ordinance employs the following methods, techniques and/or provisions: 1. Restrict or prohibit uses that are dangerous to health, safety or property in times of Flood, or cause excessive increases in Flood heights or velocities; 2. Require that uses vulnerable to Floods, including facilities that serve such uses, be protected against Flood damage at the time of initial construction; 3. Control the alteration of natural Floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters; 4. Control filling, grading, dredging and other Development, which may increase Flood damage; 5. Prevent or regulate the construction of Flood barriers which will unnaturally divert floodwaters or which may increase Flood hazards to other lands. 6. Conserve in perpetuity the waterways where the 100-year Floodplain and BFEs have been designated, throughout the Town, as a natural protection against the hazards and losses connected with Flooding. SECTION 5 APPLICABILITY This Ordinance shall apply to all Areas of Special Flood Hazard within the jurisdiction and control of the Town of Trophy Club. SECTION 6 DEFINITIONS Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. Appeal: A request for a review of the Floodplain Administrator’s interpretation of any provision of this Ordinance or a request for a Variance. Base Flood: The Flood having a one percent (1%) chance of being equaled or exceeded in any given year. Base Flood Elevation (BFE): The elevation for which there is a one-percent (1%) chance in any given year that Flood levels will equal or exceed it. The BFE is determined by statistical analysis for each local area and designated on the Flood Insurance Rate Maps. It is also known as the 100-year Flood elevation. Basement: Any area of the building having its floor subgrade (below ground level) on all sides. Breakaway Wall: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. CLOMR – Conditional Letter of Map Revision: A letter from FEMA commenting on whether a proposed project, if built as proposed, would meet FEMA minimum standards and which could result in a Federal Insurance Rate Map (FIRM) Letter of Map Revision (LOMR). Compliance: No Structure or land shall hereafter be located, altered, or have its use changed without achieving full compliance with the terms of this Ordinance and other applicable regulations. Critical Feature: An integral and readily identifiable part of a Flood Protection System, without which the Flood protection provided by the entire system would be compromised. Development: Any man-made change in improved and unimproved real estate, including but not limited to buildings or other Structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. Elevated Building: A nonbasement building that is: 1. Built, in the case of a building in Zones A1-30, AE, A, A00, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal Structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), foundation walls or shear walls parallel to the floor of the water; and, 2. Adequately anchored so as not to impair the structural integrity of the building during a Flood of up to the magnitude of the Base Flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, “Elevated Building” also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of Flood waters. In the case of Zones V1-30, VE, or V, “Elevated Building” also includes a building otherwise meeting the definition of “Elevated Building,” even though the lower area is enclosed by means of Breakaway Walls, if the Breakaway Walls met the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations. Elevation Certificate: FEMA Form 81-31. An administrative tool of the NFIP used to provide elevation information necessary to ensure Compliance with community Floodplain management Ordinances, to determine the proper insurance premium rate, and to support a request for a Letter of Map Amendment or Revision (LOMA or LOMR-F). Existing Construction: For the purpose of determining rates, Structures for which the “Start of Construction” commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. “Existing Construction” may also be referred to as “existing Structures.” Existing Manufactured Home Park or Subdivision: A Manufactured Home park or subdivision for which the construction of facilities for servicing the lots on which the Manufactured Homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the Floodplain Management Regulations adopted by a community. Expansion to an Existing Manufactured Home Park or Subdivision: The preparation of additional sites by the construction of facilities for servicing the lots on which the Manufactured Homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA): The federal agency responsible for the emergency evaluation and response to natural disasters caused by earthquakes, hurricanes, Floods, tornadoes, snowstorms, hail, forest fires, drought and weather-related phenomenon. Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters, 2. The unusual and rapid accumulation of runoff of surface waters from any source. Flood Elevation Study: An examination, evaluation and determination of Flood hazards and, if appropriate, corresponding Water Surface Elevations, or an examination, evaluation and determination of mudslide (i.e. mudflow) and/or Flood-related erosion hazards. Flood Hazard Boundary Map (FHBM): An official map of a community, issued by FEMA, where the areas within the boundaries of special Flood hazards have been designated as Zone A. Flood Insurance Rate Map (FIRM): An official map of a community, on which the Federal Emergency Management Agency (FEMA) has delineated both the Areas of Special Flood Hazards and the risk premium zones applicable to the community. Flood Insurance Study: The official report provided by the Federal Emergency Management Agency (FEMA). The report contains Flood profiles, Water Surface Elevation of the Base Flood, as well as the Flood Hazard Boundary – Floodway Map. Floodplain Administrator: The Floodplain Administrator of the Town of Trophy Club, or their designee. Floodplain Development Permit: A permit for property located in an SFHA issued by the Floodplain Administrator that is required to ensure conformance with the provisions of this Ordinance. Floodplain or Flood-Prone Area: Any land area susceptible to being inundated by water from any source (see definition of Flooding). Floodplain Management: The operation of an overall program of corrective and preventive measures for reducing Flood damage, including but not limited to emergency preparedness plans, Flood control works and Floodplain Management Regulations. Floodplain Management Regulations: Zoning Ordinances, subdivision regulations, building codes, health regulations, special purpose Ordinances (such as a Floodplain Ordinance, grading Ordinance and erosion control Ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of Flood damage prevention and reduction. Floodproof: Any combination of structural and non-structural additions, changes, or adjustments to Structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, Structures and their contents. Flood Protection System: Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify Flooding in order to reduce the extent of the areas within a community subject to a “special Flood hazard” and the extent of the depths of associated Flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, Levee s or dikes. These specialized Flood-modifying works are those constructed in conformance with sound engineering standards. Floodway (Regulatory Floodway): The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the Water Surface Elevation more than a designated height. Functionally Dependent Use: A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. Historic Structure: Any Structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the Natural Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district of a district preliminarily determined by the Secretary to qualify as a registered historic district. 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either; a. By an approved state program as determined by the Secretary of the Interior, or b. Directly by the Secretary of the Interior in states without approved programs. Levee: A man-made Structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary Flooding. LOMR – Letter of Map Revision: A letter from FEMA officially revising the current FIRM to show changes to Floodplains, Floodways, or Flood elevations. Lowest Floor: The Lowest Floor of the lowest-enclosed area (including Basement). An unfinished or Flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a Basement area is not considered a building’s Lowest Floor; provided that such enclosure is not built so as to render the Structure in Violation of the applicable non-elevation design requirement of Section 60.03 of the National Flood Insurance Program regulations. Manufactured Home: A Structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term “Manufactured Home” does not include a “Recreational Vehicle.” Manufactured Home Park or Subdivision: A parcel (or contiguous parcels) of land divided into two or more Manufactured Home lots for rent or sale. Mean Sea Level (MSL): For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which Base Flood elevations shown on a community’s Flood Insurance Rate Map are referenced. National Flood Insurance Program (NFIP): The program of Flood insurance coverage and Floodplain Management administered under the National Flood Insurance Act of 1968 and any amendments to it. and applicable Federal regulations promulgated in Title 44 of the Code of Federal Regulations, Subchapter B. New Construction: For the purpose of determining insurance rates, Structures for which the “Start of Construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such Structures. For Floodplain Management purposes, “New Construction” means Structures for which the “Start of Construction” commenced on or after the effective date of a Floodplain Management regulation adopted by a community and includes any subsequent improvements to such Structures. Permanent Construction: To include, but is not limited to, the pouring of slab or footing, the installation of piles, the construction of columns, any work beyond the state of excavation or filling; or the placement of a Manufactured Home on a foundation. Permanent Construction does not include land preparation, such as clearing, grading, and filling; the installation of streets and /or walkways; and excavation for Basement, footings, piers or foundations or the erection of temporary forms. Recreational Vehicle: A vehicle that is: 1. Built on a single chassis; 2. Four hundred (400) square feet or less when measured at the largest horizontal projections; 3. Designed to be self-propelled or permanently towable by a light-duty truck; and, 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Regulatory Flood: The Flood having a one-percent (1%) chance of being equaled or exceeded in any given year (100-year Flood) as determined from an analysis of Floods on a particular stream and other streams in the same general region. The upstream watershed shall be assumed to be fully urbanized in accordance with the current land use plan adopted by the Town. For the portions of the upstream watershed outside the Town, reasonable assumptions relating to urbanization shall be made by the Floodplain Administrator. Regulatory Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the Water Surface Elevation more than a designated height. Riverine: The condition of a body of water; relating to, formed by, or resembling a river, stream brook, etc., which is channelized and flowing either in a natural or improved condition. Special Flood Hazard Area (SFHA): The land in the Floodplain within a community subject to a one percent (1%)or greater chance of Flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones, A, AE, AH, AO, A1- 00, VO, V1-30, VE or V. Start of Construction: (For other than New Construction or Substantial Improvements under the Coastal Barrier Resources Act (Pub. L. 97-348).) Includes Substantial Improvement and means the date the building permit was issued, provided the actual Start of Construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one- hundred eighty (180) days of the permit date. The actual start means either the first placement of Permanent Construction of a Structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a Manufactured Home on a foundation. Permanent Construction does not include land preparation, such as clearing, grading and filing; nor does it include the installation of streets and/or walkways; nor does it include excavation for Basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main Structure. For a Substantial Improvement, the actual Start of Construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure: A walled and roofed building, including a gas or liquid storage tank, than is principally above ground, as well as a Manufactured Home. Substantial Damage: Damage of any origin sustained by a Structure whereby the costs of restoring the Structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the Structure before the damage occurred. Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement of a Structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the Structure before “Start of Construction” of the improvement. This includes Structures that have incurred “Substantial Damage,” regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a Structure to correct existing Violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or, 2. Any alteration of a “Historic Structure,” provided that the alteration will not preclude the Structure’s continued designation as a “Historic Structure.” Town: The Town of Trophy Club, Texas. Variance: A grant of relief to a person from the requirement of this Ordinance when specific enforcement would result in unnecessary hardship. A Variance, therefore, permits construction or Development in a manner otherwise prohibited by this Ordinance. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) Violation: The failure of a Structure or other Development to be fully compliant with the community’s Floodplain Management Regulations. A Structure or other Development without the Elevation Certificate, other certifications, or other evidence of Compliance required in Section 60.3(b)(5), (c)(4), (c)(3), (c)(10), (d)(3), (e)(2), (3)(4), or (e)(5) of the National Flood Insurance Program Regulations, and is presumed to be in Violation until such time as that documentation is provided. Water Surface Elevation: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of Floods of various magnitudes and frequencies in the Floodplains of coastal or Riverine areas. SECTION 7. GENERAL PROVISIONS A. Basis For Establishing Areas of Special Flood Hazard The Areas of Special Flood Hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, “The Flood Insurance Study (FIS) for Denton County, Texas and Incorporated Areas,” dated December 6, 2002, with accompanying Flood Insurance Rate maps and Flood Boundary Floodway Maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this Ordinance. The latest FIRM Panels, including: 48121C0515F dated 03/30/98; 48121C0655E dated 04/02/97; 48121C0520E dated 04/02/97; 48121C0660E dated 04/02/97; and 48121CIND0A dated12/06/02. B. Establishment of Floodplain Development Permit A. A Floodplain Development Permit shall be required for all Development taking place within the area of the 100-year Floodplain (Special Flood Hazard Areas) as shown on the current Flood Insurance Rate Maps and Flood Boundary-Floodway Maps, published by the Federal Emergency Management Agency (FEMA). These maps are available for public inspection in the Community Development Department. B. Any permit issued in accordance with this Ordinance shall automatically expire after the expiration of two (2) years from the date of the permit unless Development is completed or the Town Council reinstates such permit after permit applicant’s written request prior to the conclusion of the two-year period. C. Compliance No Structure or land shall hereafter be located, altered, or have its use changed without full Compliance with the terms of this Ordinance and other applicable laws, codes or regulations. D. Abrogation and Greater Restrictions This Ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where in this Ordinance an easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. E. Interpretation In the interpretation and application of this Ordinance, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under State law. F. Warning and Disclaimer of Liability The degree of Flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater Floods can and will occur and Flood heights may be increased by man-made or natural causes. This Ordinance does not imply that land outside the Areas of Special Flood Hazards or uses permitted within such areas will be free from Flooding or Flood damage. This Ordinance shall not create liability on the part of the Town or any official or employee thereof for any Flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. G. Dumping and Obstructions Prohibited The placement or dumping of any material (including but not limited to dirt, rock, construction debris, rubbish, refuse, tree and brush cuttings, grass clippings, or any other waste, material, or device which may obstruct or impede flow) in a SFHA that regularly or periodically carries surface water is prohibited. SECTION 8. ADMINISTRATION A. Designation of the Floodplain Administrator The Community Development Director or her designee is hereby appointed as the Floodplain Administrator to administer and implement the provisions of this Ordinance and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management. B. Duties and Responsibilities of the Floodplain Administrator Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: 1. Maintain and hold open for public inspection all records pertaining to the provisions of this Ordinance. Records will be held on file in the Town Offices at 100 Municipal Drive, Trophy Club, Texas 76262. 2. Review permit applications to determine whether proposed building sites, including the placement of Manufactured Homes, will be reasonably safe from flooding. 3. Review, approve, or deny all applications for development permit required by this Ordinance. 4. Review permits for proposed Development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. 5. Where interpretation is needed as to the exact location of the boundaries of the Areas of Special Flood Hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Floodplain Administrator shall make the necessary interpretation. a. When such interpretation results in a determination that an area is NOT in a Special Flood Hazard Area, the issuance of a building permit for any part of the area subsequent thereto shall be subject to the applicant’s agreement to indemnify, hold harmless, and defend the Town of Trophy Club, the Town Engineer, and the Floodplain Administrator for any adverse consequences resulting from or related to such determination. 6. Notify in Riverine situations, adjacent communities, and the State Coordinating Agencies, which are Texas Commission on Environmental Quality (TCEQ), and the Texas Water Commission, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). 7. Assure that the Flood-carrying capacity with the altered or relocated portion of any watercourse is maintained or increased. 8. When Base Flood Elevation data has not been provided in accordance with Section 7, subsection A, the Floodplain Administrator shall obtain, review and reasonably utilize Base Flood Elevation data and Flood elevation data which shall be provided in the form of a Hydrologic and Hydraulic Flood Elevation Study from the developer and/or property owner. The study shall be performed and sealed by a Registered Professional Engineer. 9. When a Regulatory Floodway has not been designated, the Floodplain Administrator must require that no New Construction, Substantial Improvements, or other Development (including fill) shall be permitted within Zones A1-30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed Development, when combined with all other existing and anticipated Development, will not increase the Water Surface Elevation of the Base Flood more than one foot (1’) at any point within the community. If the provisions of this paragraph are exceeded, all of the requirements of NFIP Regulation Section 65.12 must be accomplished prior to the commencement of Development. C. Permit Procedures 1. Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by the Floodplain Administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the exact location, dimensions, and elevation of proposed landscape alterations, existing and proposed Structures, including the placement of Manufactured Homes, and the location of the foregoing in relation to Areas of Special Flood Hazard. Additionally, the following information is required: a. Elevation (in relation to Mean Sea Level) of the Lowest Floor (including Basement) of all new and substantially improved Structures. b. Elevation in relation to Mean Sea Level to which any nonresidential Structure shall be Floodproofed; c. A FEMA Elevation Certificate from a registered professional engineer or surveyor that the non-residential Floodproofed Structure shall meet the Floodproofing criteria of Section 9, B(2); d. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed Development; e. Maintain a record of all such information in accordance with Section 8, B.1. f. Neighboring communities that are known to be affected by proposed Development in a watercourse that are in a Special Flood Hazard Area shall be notified of any proposed alterations prior to construction. 2. Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this Ordinance and the following relevant factors: a. The danger of life and property due to Flooding or erosion damage; b. The susceptibility of the proposed facility and its contents to Flood damage and the effect of such damage on the individual owner; c. The danger that materials may be swept onto other lands to the injury of other persons or property; d. The compatibility of the proposed use with existing and anticipated Development; e. The safety of access to the property in times of Flood for ordinary and emergency vehicles; f. The costs of providing governmental services during and after Flood conditions including maintenance and repair of streets, bridges, public utilities; and facilities such as sewer, gas, electrical and water systems; g. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and effects of wave action, if applicable, expected at the site; h. The necessity to the facility of a waterfront location, where applicable; i. The availability of alternative locations, not subject to Flooding or erosion damage, for the proposed use; j. The relationship of the proposed use to the comprehensive plan for that area. k. No more than one (1) building shall be constructed per acre of Floodplain. l. The cumulative effects of Development and the associated loss of storm water storage and/or detention. D. Variance Procedures 1. The Building Appeals Board as appointed by the Town Council shall hear and render judgment on requests for Variances from the requirements of this Ordinance. Upon consideration of the factors noted in this Section and the intent of this Ordinance, the Building Appeals Board may attach such conditions to the granting of Variances, as it deems necessary to further the purpose and objectives of this Ordinance (Section 5). 2. The Building Appeals Board shall hear and render judgment on an Appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Ordinance provided that written notice of such Appeal is filed with the Floodplain Administrator within ten (10) business days of the date of the decision or a determination by the Floodplain Administrator. 3. Any person or persons aggrieved by the decision of the Building Appeals Board may Appeal such decision in the courts of competent jurisdiction. 4. The Floodplain Administrator shall maintain a record of all actions involving an Appeal and shall report Variances to the Federal Emergency Management Agency upon request. 5. Variances may be issued for the reconstruction, rehabilitation or restoration of Structures listed on the National Register of Historic Places or the State Inventory of History Places, without regard to the procedures set forth in the remainder of this Ordinance. 6. Variances may be issued for New Construction and Substantial Improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing Structures constructed below the Base Flood level, providing the relevant factors in Section C.2 of this Section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the Variance increases. 7. Variances shall not be issued within any designated Floodway if any increase in Flood levels during the Base Flood discharge would result. 8. Variances may be issued for the repair or rehabilitation of Historic Structures upon a determination that the proposed repair or rehabilitation will not preclude the Structure’s continued designation as a Historic Structure and the Variance is the minimum necessary to preserve the historic character and design of the Structure. 9. Prerequisites for granting Variances are as follows: a. Variances may only be issued upon a determination that the Variance is the minimum necessary, considering the Flood hazard, to afford relief. b. Variances may only be issued upon, i. Showing a good and sufficient cause; ii. A determination that failure to grant the Variance would result in exceptional hardship to the applicant, and, iii. A determination that the granting of a Variance will not result in increased Flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or Ordinances. c. The granting of a Variance by the Building Appeals Board is contingent upon meeting all requirements of NFIP Regulation, Section 65.12 prior to the commencement of any Development. 10. Variances may be issued by the Town for New Construction and Substantial Improvements and for other Development necessary for the conduct of a Functionally Dependent Use provided that: a. The criteria outlined in Section 8, subsection D 1-9 are met, and b. The Structure or other Development is protected by methods that minimize Flood damages during the Base Flood and create no additional threats to public safety. 11. Written notice shall be mailed by certified mail, return receipt requested, to an applicant prior to the granting of a Variance, stating that should a Structure be permitted to be built with the Lowest Floor elevation below the standard minimum floor elevation, the cost of flood insurance will be commensurate with the increased risk resulting from the reduced Lowest Floor elevation. Such notice shall be effective upon deposit in United States mail. SECTION 9. PROVISIONS FOR FLOOD REDUCTION A. General Standards In all Areas of Special Flood Hazards, the following provisions are required for all New Construction and Substantial Improvements: 1. All New Construction or Substantial Improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movements of the Structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; 2. All New Construction or Substantial Improvements shall be constructed by methods and practices that minimize Flood damage; 3. All New Construction or Substantial Improvements shall be constructed with materials resistant to Flood damage; 4. All New Construction or Substantial Improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of Flooding; 5. All new and replacement water supply systems shall be designated to minimize or eliminate infiltration of floodwaters into the system; 6. All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; 7. All new and replacement on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during Flooding; and, 8. All new critical facilities, such as emergency centers, hospitals, fire stations, power stations, hazardous materials storage sites or other sites determined by the Town, are prohibited from the 500-year Floodplain. B. Specific Standards In all Areas of Special Flood Hazards where Base Flood Elevation data has been provided as set forth in Section 7, subsection A, Section 8, subsection B 8, or Section 9, subsection C 3, the following provisions are required: 1. Residential Construction: New Construction and Substantial Improvement of any residential Structure shall have the Lowest Floor (including Basement), elevated a minimum of two feet (2’) or more above the Base Flood Elevation. A registered professional engineer or land surveyor shall submit a FEMA Floodplain elevation certification to the Floodplain Administrator that the standard of this subsection, as proposed in Section 8, subsection C(1)a., is satisfied. 2. Nonresidential Construction: New Construction and Substantial Improvements of any commercial, industrial or other nonresidential Structure shall either have the Lowest Floor (including Basement) elevated two feet (2’) or more above the Base Flood level or together with attendant utility and sanitary facilities, shall be designed so that below this level (minimum two feet (2’) above the Base Flood Elevation) the Structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification, which includes the specific elevation (in relation to Mean Sea Level) to which such Structures are Floodproofed, shall be maintained by the Floodplain Administrator. 3. Enclosures: New Construction and Substantial Improvements, with fully enclosed areas below the Lowest Floor that are usable solely for parking of vehicles, building access or storage in any area other than a Basement and which are subject to Flooding shall be designed to automatically equalize hydrostatic Flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a. A minimum of two (2) openings on separate walls having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to Flooding shall be provided. b. The bottom of all openings shall be no higher than one foot (1’) above grade. c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 4. Manufactured Homes a. No Manufactured Home will be allowed to be placed in a Floodway. b. Require that all Manufactured Homes to be placed within Zone A on a community’s FHBM or FIRM shall be installed using methods and practices that minimize Flood damage. For the purposes of this requirement, Manufactured Homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. c. Require that all Manufactured Homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community’s FIRM on sites: i. Outside of a Manufactured Home park or subdivision, ii. In a new Manufactured Home park or subdivision, iii. In an expansion to an Existing Manufactured Home Park or Subdivision, or iv. In an Existing Manufactured Home Park or Subdivision on which a Manufactured Home has incurred “Substantial Damage” as a result of a Flood, be elevated on a permanent foundation such that the Lowest Floor of the Manufactured Home is elevated to a minimum of two feet (2’) above the Base Flood Elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. d. Require that Manufactured Homes be placed or substantially improved on sites in an Existing Manufactured Home Park or Subdivision with Zones A1-30, AH and AE on the community’s FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either: i. The Lowest Floor of the Manufactured Home is a minimum of two feet (2’) at or above the Base Flood Elevation, or ii. The Manufactured Home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than thirty-six inches (36”) in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 5. Recreational Vehicles a. Require that Recreational Vehicles placed on sites within Zones A1-30, AH, and AE on the community’s FIRM either: i. Be on the site for fewer than one-hundred eighty (180) consecutive days or ii. Be fully licensed and ready for highway use, or iii. Meet the permit requirements of Section 8, subsection C 1, and the elevation and anchoring requirements for “Manufactured Homes” in Paragraph 4 of this section. A Recreational Vehicle is ready for highway use if it is on its wheels or jacking system; is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. 6. Floodplain Compensation a. Whenever any portion of a Floodplain is authorized for use, the space occupied by the authorized fill or Structure below the Base Flood Elevation shall be compensated for by a hydraulically equivalent volume of excavation taken from below the Base Flood Elevation. All such excavations shall be constructed to drain freely to the watercourse. 7. Foundation Protection a. Engineered Fill – All new buildings constructed in Zone A, A1-30, AH and AE on the community’s FIRM must be constructed on properly designed and compacted fill. C. Standards For Subdivision Proposals 1. All subdivision proposals including the placement of Manufactured Home Parks and Subdivisions shall be consistent with Sections 2 and 5, of this Ordinance. 2. All proposals for the Development of subdivisions including the placement of Manufactured Home Parks and Subdivisions shall meet Floodplain Development Permit requirements of Section 7, subsection C; Section 8, subsection C; and the provisions of Section 9 of this Ordinance. 3. Base-Flood Elevation data shall be generated for subdivision proposals and other proposed Development including the placement of Manufactured Home parks and subdivisions which are greater than fifty (50) lots or five (5) acres, whichever is lesser, if not otherwise provided pursuant to Section 7, subsection A or Section 8, Subsection B 8 of this Ordinance. 4. All subdivision proposals including the placement of Manufactured Home Parks and Subdivisions shall have adequate drainage provided to reduce exposure to Flood hazards. 5. All subdivision proposals including the placement of Manufactured Home Parks and Subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate Flood damage. 6. Compensatory Storage requirement (cut and fill) is required by developers to compensate for the loss of conveyance (storage) caused by filling in the Floodplain fringe by removing the hydraulically equivalent amount of material in the Floodplain near the proposed Development. This will help to maintain Flood storage and ensure that floodwaters will not be displaced onto another property as the result of a Floodplain fill. D. Floodways Floodways located within Areas of Special Flood Hazard established in Section 7, subsection A, are areas designated as Floodways. Since the Floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles and erosion potential, the following provisions shall apply: 1. Encroachments are prohibited, including fill, New Construction, Substantial Improvements and any other Development within the adopted Regulatory Floodway. 2. If a Variance to Section 9, subsection D 1 above is granted, all New Construction and Substantial Improvements shall comply with all applicable Flood hazard reduction provisions of this Section and all of the requirements of NFIP Regulation, Section 65.12 must be accomplished prior to the commencement of Development. SECTION 10 PENALTY CLAUSE No Structure or land shall hereafter be erected, located, extended, modified, converted, altered, or have its use changed without full Compliance with the terms of this Ordinance and other applicable laws, codes and regulations. Violation of the provisions of this Ordinance by failure to comply with any of its requirements (including Violations of conditions and safeguards established in connection with conditions) will constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more that two thousand dollars ($2,000.00) for each Violation, and each and every day the Violation occurs shall constitute a separate Violation. Nothing herein contained in this section or any other section of this article shall prevent the Town of Trophy Club from taking such other lawful action as is necessary to prevent or remedy any Violation, including but not limited to refusal to approve a plat or issue a building permit, or to obtain injunctive relief against the violator pursuant to Texas Civ. Stat. Ann Art. 1175f (Vernon’s 1986) or any other statute, or any other legal remedy available to the Town. SECTION 11. CUMULATIVE REPEALER CLAUSE This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance; provided, however, that Ordinance Nos. 87-06 and 97-05 are hereby repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to Ordinance Nos. 87-06 and 97-05 on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 12. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase 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 it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 13. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all Violations of the provisions of any other Ordinance affecting Flood damage prevention regulations which have secured at the time of the effective date of this Ordinance; and, as to such accrued Violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 14. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 15. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. SECTION 16. 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 _____ day of _____, 2005. ___________________________________ Mayor Town of Trophy Club, Texas EFFECTIVE DATE: [SEAL] ATTEST: __________________________________________ Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: ___________________________________________ Town Attorney Town of Trophy Club, Texas COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.D.10 Consent Agenda: Discuss and take appropriate action regarding a Resolution to appoint a Town Secretary. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (Initials) Attachments: 1.Resolution TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2005 – A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, SHALL APPOINT A TOWN SECRETARY TO HOLD OFFICE AT THE PLEASURE OF THE COUNCIL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Town Council, by majority vote of the entire Council qualified and serving, shall appoint a Town Secretary who shall act as the Secretary to the Council. WHEREAS, The duties of the Town Secretary shall include: recording of the minutes of all official meetings of the Council; hold and maintain the Town Seal and affix to all instruments requiring such seal; verify the sufficiency of any petition for recall, initiative, or referendum based upon the requirements of the Town Charter and all applicable laws; and, perform such other duties as may be required by the Council, the Town Manager, the Town Charter or the laws of the State of Texas. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town Council of Town of Trophy Club, Texas, agrees that the following individual is hereby duly appointed to shall act as the Secretary to the Council and shall hold office at the pleasure of the Council. He shall be entitled to a seat at the Council table at all official meetings: Lisa Ramsey Section 2. That this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 18th day of July, 2005. _______________________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: ___________________________________ Town Secretary Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Town Attorney Town of Trophy Club, Texas COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.D.11 Consent Agenda: Town Council to discuss and take appropriate action regarding the Settlement Agreement in the lawsuit of Perfection Homes Inc., and Mark Carr v. Town of Trophy Club, Cause No. 2003-50345-367. EXPLANATION: (kcf) Attachments: 1. Information Memorandum 2. Settlement Agreement COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.D.12 Consent Agenda: Discuss and take appropriate action to approve financials dated June 2005. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lr) Attachments: 1. None COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.D.13 Consent Agenda: Discuss and take appropriate action to approve Minutes dated June 20, 2005. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lr) Attachments: 1. 6/20/05 Minutes MINUTES OF JOINT BUDGET WORKSHOP/JOINT SESSION OF THE TOWN COUNCIL, ECONOMIC DEVELOPMENT CORPORATION A AND ECONOMIC CORPORATION B AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, June 20, 2005 6:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in Joint Budget Workshop/Joint session of Town Council, EDC-A, EDC-B and Regular Session on Monday, June 20, 2005. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Scott Spence Mayor Pro Tem Roger Williams Council Member Beverly Foley Council Member Pam Cates Council Member TOWN COUNCIL MEMBERS ABSENT: Susan Edstrom Council Member STAFF AND GUEST(S) PRESENT: Donna Welsh Town Manager Lisa Ramsey Interim Town Secretary Roger Unger Finance Director Beth Ann Gregory Community Development Manager Patricia Adams Town Attorney Mike Pastor IS Manager Adam Adams Parks and Recreation Director Randy Briggs Police and Fire Services Director Kerin Fleck Planning and Zoning Coordinator EDC 4A EDC 4B J.D. Harvey T. Dwight Morrow James Hicks Rebecca Shuman Neil Twomey Gary Cantrell Bill Devlin Ralph Scoggins Andy Hayes Doyle Nicholson A.1 Call to order and announce a quorum. Mayor Nick Sanders called the Regular Session to order at 6:11 p.m. noting a quorum was present. A.2 Invocation. Randy Briggs gave the invocation. A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." Donna Welsh led the pledges. A.4 Joint Budget Workshop: Town Council, Economic Development Corporation A and Economic Development Corporation B to discuss EDC 2005/06 budgets. J.D. Harvey, EDC 4A called the Workshop Session to order, noting a quorum was present. Jim Hicks, EDC 4B called the Workshop Session to order, noting a quorum was present. The budgets for both EDC’s were reviewed. It was noted that EDC 4A had not met about their budget. Roger Unger advised that he will start the process for the Public Hearing, and the EDC’s will be able to approve their budget in August. A.5 Town Council, EDC A and EDC B to close budget workshop and open a joint regular session. Council convened into Joint Regular Session at 6:30 p.m. A.6 Town Council to consider a Resolution to allow participants in economic incentives for the development of Trophy Wood Center. Larry Stewart, Midwest Commercial Realty addressed the Council and the members of EDC Boards, presenting the possibility of developing a Holiday Inn Express on the 15 acre development at Trophy Wood Drive. The Town Council advised EDC B that they are all in favor of offering incentives for the development of Trophy Wood Center. EDC B is concerned that they have not been given adequate information in order to make an informed decision. Larry Stewart and the developer will be attending EDC B’s July 11th, 2005 meeting to provide additional information and answer the Board’s questions. Council urged EDC B to make a decision immediately following this meeting in order to finalize the agreement. A.7 Town Council to discuss and take appropriate action in regard to a Resolution that would allow the town to abate taxes. Council member Williams made the motion to approve a Resolution that would allow the town to abate taxes and develop a tax abatement policy; Mayor Pro Tem seconded. Motion carried unanimously. A.8 Budget Workshop: 2005/06 budget. A.9 EDC A and EDC B to adjourn. JD Harvey, EDC A made the motion to adjourn, Neil Twomey seconded. EDC A adjourned at 7:26. Doyle Nicholson, EDC B made the motion to adjourn, Jim Hicks seconded. EDC B adjourned at 7:26. Town Council and Ways and Means convened into a Budget Workshop at 7:28. Council reconvened into Regular Session at 8:32 p.m. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION *REGULAR SESSION B.1 Citizen presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. Item was moved before A.8 Margi Cantrell, 1105 Sunset Drive addressed the Council seeking support for them to move forward with the consideration of striping several thoroughfares in the town to enhance the safety of citizens when walking or bicycling where there are no sidewalks. Kathleen Wilson, 34 Meadowbrook Lane addressed the Council in reference to revision to the Committee Handbook, as discussed at the June 6th meeting. Ms. Wilson requested that the people, who serve the Town, strive to build upon everything good in it, to improve it. She asked Council to require that the representatives of our Town express their freedom of speech in dignified, well thought out manner with a level of discretion befitting the office in which they serve. Larry Tatorowicz, 217 Fresh Meadow Drive addressed the Council about his concern about the decline of his property value if a hotel such as the Holiday Inn Express comes in as opposed to a higher end hotel. B.2 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Departmental Updates: Administration: Administrative Advisory Committee meeting topics Nextel NEFDA Community Development: Indian Creek Road Construction Highway 114 Detour Building Permits Police and Fire Services: Roadway Education and Marking Scan USA Neighborhood Crime Watch Programs Scooter and Bicycle Safety Town B.3 Discuss and take appropriate action relative to: a. Preliminary Plat for an 11.002 acre tract of land in the M. Medlin Survey, Abstract No. 832 to be known as Eagles Ridge Phase II, located generally to the north of Clear Vista Drive and Panorama Circle. (PP-05-006) b. Final Plat for an 11.002 acre tract of land in the M. Medlin Survey, Abstract No. 832 to be known as Eagles Ridge Phase II, located generally to the north of Clear Vista Drive and Panorama Circle. (FP-05-004) Council member Williams made the motion to approve the Preliminary Plat or an 11.002 acre tract of land in the M. Medlin Survey, Abstract No. 832 to be known as Eagles Ridge Phase II, located generally to the north of Clear Vista Drive and Panorama Circle. (PP-05-006) and the Final Plat for an 11.002 acre tract of land in the M. Medlin Survey, Abstract No. 832 to be known as Eagles Ridge Phase II, located generally to the north of Clear Vista Drive and Panorama Circle. (FP-05- 004); Council member Spence seconded. Motion carried unanimously. B.4 Items for Future Agenda. Council member Williams suggested: Discussion and direction to staff regarding parkland dedication ordinance and discussion of policies with regard to parkland dedication standards and money in lieu of dedication Council member Foley suggested: Discussion and appropriate action regarding projects to be included on a long term capital projects list and projected fiscal impact and resident survey to obtain citizen input on potential projects Council member Spence suggested: Discussion and appropriate action regarding proceeding with electronic signs and contribution from developer. Council member Foley suggested: Discussion and appropriate action striping several streets in the town to enhance the safety of citizens when walking or bicycling where there are no sidewalks pending specific recommendation for the Public Safety and Public Works Committee. B.5 Discuss and take appropriate action regarding a resolution appointing citizens to four (4) seats on the Planning & Zoning Commission. Gene Hill, P & Z Chairman requested for Council’s recognition and appreciation of the sitting commissioners whose dedication has been shown through their service. He recommended that Council, through due diligence and consideration reappoint the three members currently serving the Commission whose terms expire this month. Chairman Hill requested that the vacant position be determined by Council based on his recommendation furnished as a result of his interview with each candidate and with Council’s knowledge of citizen Smith, who has long served the Town. (Summaries were provided by Chairman Hill on three of the five candidates; Steve Stamos, Alan Bailey and Robert Monroe. Chairman Hill was not able to prepare the summaries for Robert Monroe and Scott Smith in time to include in the packet.) Council member Foley made the motion to approve Resolution 2005-14 to reappoint Clayton Reed, Gene Hill, Jim Moss and to appoint Scott Smith; Council member Spence seconded. There was no discussion. Motion carried 3 to 1 with Mayor Pro Tem Cates opposing. D.1 Discuss and take appropriate action regarding an Ordinance, repealing Ordinance No. 95-12 in its entirety, and adopting a new Ordinance establishing regulations governing the construction of swimming pools. Council member Foley made the motion to approve Ordinance 2015 repealing Ordinance No. 95-12 in its entirety, and adopting a new Ordinance establishing regulations governing the construction of swimming pools; Council Member Spence seconded. Motion carried unanimously. D.2 Discuss and take appropriate action regarding termination of the 2005 Annual Miscellaneous Concrete Repair contract with Driveway Maintenance. Council member Spence made the motion to approve the termination of the 2005 Annual Miscellaneous Concrete Repair contract with Driveway Maintenance; Council Member Foley seconded. Motion carried unanimously. D.3 Consent agenda: Discuss and take appropriate action to approve financials dated May 2005. D.4 Consent agenda: Discuss and take appropriate action to approve Minutes dated June 6, 2005. Council member Spence made the motion to approve Consent items D.3 and D.4; Council member Williams seconded. Motion carried unanimously. D.5 Additional Information for Council All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. Council convened into Executive Session at 9:15 p.m. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION EXECUTIVE SESSION E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (a) & (b) "Consultation with Attorney", the Council will enter into executive session to discuss the following: (A) Consultation with Town Attorney on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 (b)). (1) Legal Advice Relative to Purchasing Laws and Policies Applicable to Consultant and Professional Services Agreements, including the Municipal Building Addition. Council reconvened into Regular Session at 9:45 p.m. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION *REGULAR SESSION E.2 Staff to provide an update, as directed by Council at their 6/6/05 meeting, to determine the feasibility of the construction project within budget constraints for the Svore Municipal Building addition and for Council to discuss and take appropriate action regarding the update and the award\rejection of proposals for a Construction Manager at Risk for the building addition. Council member Williams made the motion to award the Construction Manager at Risk to Steel Freeman; Council member Spence seconded. Motion carried unanimously. E.3 Discuss and provide direction to Staff regarding architectural services for municipal projects, including the Municipal Additions and Alterations project. Council member Williams made the motion to approve and move forward with the Teagnull and Perkins team project development and construction; Council member Spence seconded. Motion carried unanimously. F.1 Adjourn. Council member Williams made the motion to adjourn at 9:50 p.m.; Mayor Pro Tem Cates seconded. Motion carried unanimously. * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 ___________________________________________ Mayor, Town of Trophy Club ______________________________________ Town Secretary, Town of Trophy Club COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.D.14 Additional Information for Council EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (rcb) Attachments: 1. Information Memorandum 2. Fire Services Monthly Report 3. Police Services Monthly Report 4. Court Monthly Report TROPHY CLUB DEPARTMENT OF PUBLIC SAFETY MONTHLY REPORT FOR INFORMATION ONLY JUNE 2005 TROPHY CLUB DEPARTMENT OF PUBLIC SAFETY MONTHLY REPORT FOR INFORMATION ONLY JUNE 2005 Police Patrol Division Dispatched Calls 27.92% Felony Arrests 0.12%Accidents 0.58%DWI Investigations 0.12% Vehicle Searches 1.40% Parking Citations 1.87% Warning Citations 8.88% Traffic Citations (Non-moving) 9.93% Misdemeanor Arrest 0.70% Number of Written Reports 3.04% Traffic Citations (Moving) 12.03% Traffic Stops 31.31% Out of City Assistance Calls 2.10% Monthly Crime/Patrol Statistics - June 2005 Tr a f f i c S t o p s Tr a f f i c C i t a t i o n s (M o v i n g ) T ra f f i c C i t a t i o n s (N o n - m o v i n g ) Wa r n i n g C i t a t i o n s Pa r k i n g C i t a t i o n s Ve h i c l e S e a r c h e s DW I I n v e s t i g a t i o n s Ac c i d e n t s Fe l o n y A r r e s t s Mi s d e m e a n o r Ar r e s t Di s p a t c h e d C a l l s Nu m b e r o f W r i t t e n Re p o r t s Ou t o f C i t y A s s i s t a n c e Ca l l s Da y s W o r k e d TOTAL 268 103 85 76 16 12 1 5 1 6 239 26 18 177 CID June 2005 Theft Count 11.11%Suicidal Person Count 5.56% Recovered Stolen Prop Count 5.56% Poss Drug Para Count 11.11% Identity Theft Count 5.56% Harassment Count 11.11% False Statement/Credit Count 5.56% DWI - MVA Count 5.56% Disturbance Count 5.56% BMV Count 11.11% Burglary Habitation Count 5.56% Burglary Count 5.56% Criminal Mischief Count 5.56% Criminal Trespass Count 5.56% BMV Count 2 Burglary Count 1 Burglary Habitation Count 1 Criminal Mischief Count 1 Criminal Trespass Count 1 Disturbance Count 1 DWI - MVA Count 1 False Statement/Credit Count 1 Harassment Count 2 Identity Theft Count 1 Poss Drug Para Count 2 Recovered Stolen Prop Count 1 Suicidal Person Count 1 Theft Count 2 Theft - Shoplifting Count 1 Grand Count 19 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.E.1 Ways and Means call to order. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lr) Attachments: 1. None COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.E.2 Joint Budget Workshop: Town Council and Ways and Means to review preliminary 2005/06 operating and capital budgets. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lr) Attachments: 1. None COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.E.3 Ways and Means to adjourn. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lr) Attachments: 1. None COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-18-2005 Subject: Agenda Item No.F.1 Adjourn. (lr)