ORD 2001-18TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2001-18
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ORDINANCE NO. 95-22, ESTABLISHING ROOFING
REQUIREMENTS; AND ADOPTING NEW PROVISIONS TO INCLUDE
DEFINITIONS; REQUIREMENTS FOR ARCHITECTURAL OR
LAMINATED SHINGLES; PROHIBITING THE USE OF WOOD
SHINGLES AND WOOD SHAKES AND PROVIDING EXCEPTIONS
FOR SAME; PROVIDING REQUIREMENTS FOR ROOF REPAIR
PERMITS; PROVIDING FOR COMPLIANCE WITH THE UNIFORM
BUILDING CODE; PROVIDING AN APPEALS PROCESS;
PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING
FOR SAVINGS; PROVIDING SEVERABILITY; 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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (the "Town") is primarily a single-family
residential community, with single-family residential dwellings generally located in relatively
close proximity to one another;
WHEREAS, neighboring cities of Dallas and Plano have experienced severe fres in
single-family residential neighborhoods, which fires have spread as a result of, at least in part,
the residential dwellings have wood shingles or wood shake roofs;
WHEREAS, it is generally recognized that wood shingles or wood shakes used as a roof
covering constitute a fire hazard;
WHEREAS, due to such safety hazard, the Town Council of the Town desires to
prohibit the future and further use of wood shingles or wood shakes as a roof covering, except as
provided for herein, and finds that the adoption of this Ordinance is in the best interests of the
health, safety and welfare of the citizens of the Town;
WHEREAS, on November 21, 1995 the Town Council passed and approved Ordinance
No. 95-22, adopting provisions establishing roofing requirements; and
WHEREAS, it has been determined to be in the best interest of the Town of Trophy
Club, Texas, to repeal Ordinance 95-22 in its entirety and establish and adopt new provisions for
roofing requirements.
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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 in
their entirety.
SECTION 2.
DEFINITIONS
The terms "wood shingles" and "wood shakes" shall have the same meaning as those
terms are given in the Uniform Building Code, 1991 Edition, as adopted by Ordinance No. 92-
04A of the Town. A true and correct copy of such definitions is attached hereto and incorporated
herein.
SECTION 3.
ARCHITECTURAL OR LANHNATED SHINGLES REQUIRED
From and after the effective date of this Ordinance, all shingles that are:
A. installed as a roof covering on any building or structure for which a building
permit is issued by the Town on or after the effective date of this Ordinance; or
B. used to replace twenty-five percent (25%) or more of the roof covering on any
building or structure for which a building permit was issued or which was
constructed or erected prior to the effective date of this Ordinance;
shall be architectural or laminated shingles.
SECTION 4.
WOOD SHINGLES AND WOOD ,SHAKES PROHIBITED
4.1 Wood shingles or wood shakes shall not be used as follows:
A. as a roof covering on any building or structure for which a building permit
is issued by the Town on or after the effective date of this Ordinance; or
B. to replace more than twenty-five percent (25%) of the roof covering on
any building or structure for which a building permit was issued or which
was constructed or erected prior to the effective date of this Ordinance,
which building or structure has a wood shingle roof at the time of
replacement.
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4.2 Wood shingles or wood shakes may be used to replace wood shingles or wood
shakes on any roof or structure, provided that: (i) all such replacements shall be
deemed cumulative over a consecutive three (3) year period such that no more
than twenty-five percent (25%) of a roof on any building or structure may be
replaced with wood shingles or wood shakes during any such three (3) year
period, and (ii) the wood shingles used as a replacement shall have equal or
greater characteristics of a 30 year fire retardant warranty and must be approved
by the Town's Planning and Zoning Commission,
SECTION S.
ROOF REPAIR PERMIT REQUIRED
No person shall replace or cause to be replaced more than twenty-five percent (25%) of
the roof covering on any building or structure located, placed, constructed or erected within the
Town without first securing from the Town a roof repair permit authorizing such replacement.
The costs for such roof repair permit shall be as set forth in the Town's Schedule of Fees.
SECTION b.
COMPLIANCE WITH UNIFORM BUILDING CODE
The terms of the Uniform Building Code, as adopted by the Town, shall apply to the
repair or replacement of roofs; provided, however, that where there is a conflict between this
Ordinance and the Uniform Building Code, the terms of this Ordinance shall apply.
SECTION 7.
APPEALS PROCESS
Any decision made by the Director of Public Works or his/her designee pursuant to this
Ordinance may be appealed to the Town Council within five (5) working days of receipt of
written notice of such decision by filing such appeal with the Town Secretary. An appeal filed
pursuant to this Ordinance shall specifically state the basis for the aggrieved party's challenge to
the decision under this Ordinance. Decisions of the Town Council shall be final,
SECTION S.
CUMULATIVE REPEALER
That 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 No. 95-22 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. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to Ordinance No. 95-12 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.
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SECTION 9.
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 roofing requirements 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 10.
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 11.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision of this Ordinance shall be fined, upon
conviction, not less than One Dollar ($1.00) nor more than 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 12.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish in
one issue of the Official newspaper of the Town of Trophy Club, the Caption, Penalty Clause
and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local
Government Code.
SECTION 13.
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, Penalty 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.
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SECTION 14.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with
law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the wnof� y Club, Texas,
this the 20th day of August 2001. ,1
ATTEST:
1;41 ;
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
a YY ,8
Town Attorney T
Town of Trophy Club, Texas
Town of Trophy Club, Texas
t9v
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