ORD 1995-22IC
08/20/2001
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 9 5 — 2 2
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS REQUIRING A 300 POUND RATING OR A 40 YEAR
WARRANTY FOR SHINGLES: (1) INSTALLED ON THE
ROOF OF ANY BUILDING OR STRUCTURE FOR WHICH
A BUILDING PERMIT IS ISSUED ON OR AFTER THE
EFFECTIVE DATE OF THIS ORDINANCE, OR (2) USED
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;
PROHIBITING THE USE OF WOOD SHINGLES AND
WOOD SHAKES WITHIN THE TOWN EXCEPT FOR ROOF
REPAIR PURPOSES IN CERTAIN INSTANCES;
PROVIDING DEFINITIONS REQUIRING A PERMIT TO
REPAIR OR REPLACE A ROOF WHERE MORE THAN
TWENTY-FIVE PERCENT (25%) OF THE AREA OF THE
ROOF IS BEING REPAIRED OR REPLACED; REPEALING
ORDINANCE NO. 941 1 RELATING TO ROOF REPAIR
AND REPLACEMENT; PROVIDING A SAVINGS 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 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; and
WHEREAS, neighboring cities of Dallas and Plano have recently experienced severe
fires in single-family residential neighborhoods, which fires have spread as a result of, at least
in part, the residential dwellings having wood shingle or wood shake roofs; and
WHEREAS, it is generally recognized that wood shingles or wood shakes used as a roof
covering constitute a fire hazard; and
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.
DOC #: 315898
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. Type_ of shingles required. From and after the effective date of this
Ordinance, all shingles:
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%p) 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 have at least a 300 pound rating or a 40 year warranty.
Section 4. Wood shingles and wood shakes. Wood shingles or wood shakes shall not
be used:
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 the replacement.
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
Planing and Zoning Commission.
Section 5. Roof repair permit. 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 cost for such roof repair permit shall be as set forth
in the Town's Schedule of Fees.
DOC #: 315899
Section 6. 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. Savings. This Ordinance shall be cumulative of all other ordinances of the
Town affecting buildings and structures and shall not repeal any of the provisions of those
ordinances except in those instances where provisions of those ordinances are in direct conflict
with the provisions of this Ordinance; provided, however, that Ordinance No. 94-13 relating
to roof construction and replacement is hereby repealed, but provided that any complaint, action,
claim or lawsuit which has been initiated or has arisen under or pursuant to Ordinance No. _
9.4 - 7 - on the effective date of this Ordinance shall continue to be governed by Ordinance No.
94-13 , and for that purpose Ordinance No. 94 -13 shall remain in hall force and effect.
Section S. 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 upon each day during
or on which a violation occurs or continues.
Section 9. 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 10. Effective date. That this Ordinance shall become effective from and after
its date of adoption and publication as required by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this the 21st day of November , 1995.
Town of ter p Club, Texas
ATTEST:
Town Secretary,
Town of Trophy Club, Texas
DOC #: 315898
APPROVED AS TO FORM:
Town Att rney,
Town of Trophy Club, Texas
DOC #: 315898