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Agenda Packet TC 02/09/2016 - Part 2Trophy Club Code of Ordinances Chapter 3: Building Regulations 3-191 (3) Transfer of property by developer. If the landowner sells all of the lots in a subdivision, that purchaser becomes the responsible party for the subdivision, is liable for compliance with this article and for violations of this article, and shall post an erosion control deposit as required by this article. The balance remaining in the original account shall be released as provided herein upon the submission of written proof of transfer of lots or a new erosion control deposit by the purchaser. As required by this article, the new landowner shall post an erosion control deposit with the town. (4) Notice of noncompliance; stop work order; deductions from deposit. (A) The town will inspect the erosion control devices located at a site for compliance with the approved erosion control plan. If a landowner fails to implement or maintain erosion control devices as specified in the approved erosion control plan, the town shall provide such person with written notice of noncompliance identifying the nature of the noncompliance. Such notice shall also inform the person of the circumstances under which a deduction from his deposit account will be made and the time frame for the filing of an appeal of such action by town. The person shall have twenty-four (24) hours to bring his erosion control devices into compliance with the approved erosion control plan for the site to which notice of noncompliance was issued. Correction shall include sediment cleanup, erosion control device repair, erosion control device maintenance and/or installation of additional erosion control devices to prevent reoccurrence of the violation. The twenty-four (24) hour cure period may be extended for inclement weather or other factors at the discretion of the designated official. (B) At the end of the twenty-four (24) hour cure period, town shall reinspect the site and shall deduct a reinspection fee as set by the town council from the person’s erosion control deposit account. If, at the time of such reinspection, the erosion control devices at the site have not been brought into compliance with the approved erosion control plan, the town may issue a stop work order for each violation of this article. All deductions from a person’s erosion control deposit account may be appealed as provided in this article. (5) Refund of deposit. (A) Upon determination by the designated official that no further hazard of erosion, silting, or debris being deposited on streets, alleys, utility facilities, rights-of- way or easements exists by reason of the condition of land for which a deposit is made, so much of such deposit that is not required to reimburse the town for the expense of removal of soil, mud, rock, and debris from its streets, alleys, utility facilities, rights-of-way or easements by reason of work performed on such land shall be refunded. The reasonable charge of such removal by the town shall be billed to the depositor. (B) Upon the sale of a lot or lots by a landowner who has an erosion control deposit, the town shall refund a pro-rata portion of the erosion control deposit less any amount for costs incurred by the town in enforcing the requirements of this article with regard to the lot or lots sold. Town Council Page 619 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 3: Building Regulations 3-192 (6) Interest on deposit. Erosion control deposits posted pursuant to the requirements of this article shall not accrue interest. (b) Land-disturbing activities associated with construction on single residential lot. When land- disturbing activities are conducted on a residential lot for which a building permit must be issued, the person to whom the building permit is issued shall comply with the following: (1) Erosion control plan. Prior to approval of a building permit for a residential lot by the town, the person obtaining the building permit shall submit an erosion control plan for approval by the town. No inspection may be performed on a project until a town- approved erosion control plan is implemented. (2) Notice of noncompliance; stop work order; issuance of citation. The town shall inspect the erosion control devices located at a site for compliance with the approved erosion control plan submitted for such site. If a person fails to implement or maintain erosion control devices as specified in the approved erosion control plan, the town shall provide such person with written notice of noncompliance identifying the nature of such noncompliance. Such person shall have twenty-four (24) hours to bring the erosion control devices into compliance with the intent of the approved erosion control plan for the site where the violation occurred. Modifications to the approved erosion control plan may be required to maintain all sediment on-site. Correction shall include, without limitation, sediment cleanup, erosion control device repair, erosion control device maintenance, and/or installation of additional erosion control devices to prevent reoccurrence of the violation. The twenty-four (24) hour cure period may be extended for inclement weather or other factors at the discretion of the designated official. If the intent of the approved control plan (maintaining sediment on-site) is not met, then such person shall take action within twenty-four (24) hours to control soil eroding from the site and clean up any sediment and shall have one (1) week to submit a new erosion control plan. Work may continue during the review period. Implementation of this plan will be required within twenty-four (24) hours of plan approval by the designated official. If no plan is submitted within one week, then construction activities shall be halted until a new plan is submitted and approved. At the end of the twenty-four (24) hour cure period, the town shall reinspect the site and may assess a reinspection fee. If, at the time of such reinspection, the erosion control devices at the site have not been brought into compliance with the approved erosion control plan, the town may issue a stop work order and issue a citation for each violation of the town’s erosion control requirements. When a stop work order has been issued, a reinspection fee shall be assessed. To obtain a reinspection for removal of the stop work order, a request must be submitted and a reinspection fee as set by the town council shall be paid. (c) Stormwater pollution prevention and erosion control plan. (1) Generally. Stormwater pollution prevention plans shall be prepared in accordance with the requirements of the “iSWM Design Manual for Construction Activities,” North Central Texas, latest edition, as published by the North Central Texas Council of Governments. Each erosion control plan required by this article shall clearly identify all erosion and sediment control measures to be installed and maintained throughout the duration of the project for which that plan is submitted. Cut and fill slopes shall be no greater than 2:1, except as approved by the town to meet other community or environmental objectives. A person shall install and maintain erosion Town Council Page 620 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 3: Building Regulations 3-193 control devices in accordance with the town-approved erosion control plan as required by this article. (2) Modifications. Modifications to a plan may be authorized by the town by written authorization to the person, and may include: (A) Major amendments of the erosion and sediment control plan submitted to the town; and/or (B) Field modifications of a minor nature. (3) Off-site borrow, spoil and staging areas. Where applicable, off-site borrow areas, spoil areas and construction staging areas shall be considered as part of the project site and included as part of the disturbed land area and shall be subject to the regulations of this article. (4) Related land areas. The erosion control requirements of this article shall apply to all related land areas. Additionally, when land-disturbing activity occurs on premises, all disturbed land areas related to the premises shall have permanent erosion control measures established before final occupancy of structures located thereon or final acceptance of the subdivision may be obtained. This section applies whether or not a building permit is required. (5) Below-ground installations. All discharges resulting from below-ground installations shall be passed through town-approved erosion control devices or removed from the site for proper disposal. (6) Erosion control plan implementation and compliance. Each person shall implement and maintain the erosion control measures shown on his approved erosion control plan in order to minimize erosion and the transport of silt, earth, topsoil, etc., by water runoff or construction activities, beyond the limits of the person’s site onto town streets, drainage easements, drainage facilities, storm drains or other town property prior to beginning any land-disturbing activity. (7) General guidelines for erosion control plans; implementation. (A) Maximum use shall be made of vegetation to minimize soil loss. (B) Natural vegetation should be retained wherever possible. (C) Where inadequate natural vegetation exists, or where it becomes necessary to remove existing natural vegetation, temporary controls should be installed promptly to minimize soil loss and ensure that erosion and sedimentation does not occur. (D) Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. (E) Wherever possible during construction, erosion controls should be used on hillsides to slow drainage flow rate. Town Council Page 621 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 3: Building Regulations 3-194 (F) Erosion control elements should be implemented as soon as practical in the development process. (G) Waste or disposal areas and construction roads should be located and constructed in a manner that will minimize the amount of sediment entering streams. (H) Frequent fording of live streams will not be permitted; therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossings are necessary. (I) When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the sediment transport into a stream. (J) Should preventative measures fail to function effectively, a person shall act immediately to bring the erosion and/or siltation of premises under his ownership or control under control by whatever additional means are necessary. (K) Erosion control devices shall be placed to trap any losses from stockpiled topsoil. (L) The selection and timing of the installation of erosion controls shall be based upon weather and seasonal conditions that could make certain controls not practicable. (M) Vegetation used for vegetative cover shall be suitable for local soil and weather conditions. Ground cover plants shall comply with listings from the Texas Agricultural Extension Service for North Central Texas. (N) Runoff shall be diverted away from construction areas as much as possible. (O) Stripping of vegetation from project sites shall be phased so as to expose the minimum amount of area to soil erosion for the shortest possible period of time. Phasing shall also consider the varying requirements of an erosion control plan at different stages of construction. Phasing shall be required on all sites disturbing greater than thirty acres, with the size of each phase to be established at plan review and as approved by the town as determined appropriate by the town engineer. (P) Developers, builders, or owners of property shall install all utilities, including franchised utilities, before final acceptance of a subdivision, property and/or structure. Final acceptance will also be contingent upon having all necessary erosion control measures installed to minimize off-site sediment. A site may be accepted without erosion control measures if perennial vegetative cover is actively growing, at the discretion of the town’s designated official. Town Council Page 622 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 3: Building Regulations 3-195 (Q) Silt fencing in place longer than sixty (60) days and silt fencing placed on slopes shall be wire-backed. (8) Erosion control requirements shall include the following: (A) Stabilization requirements. Any area of land from which the natural vegetative cover has been either partially or wholly cleared or removed by development activities shall be revegetated within fourteen (14) days from the substantial completion of such clearing and construction. The following criteria shall apply to revegetation efforts: (i) Reseeding must be done with an annual or perennial cover crop accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until such time as the cover crop is established over ninety percent (90%) of the seeded area. (ii) Replanting with native woody and herbaceous vegetation must be accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion. (iii) Any area of revegetation must exhibit survival of a minimum of seventy- five percent (75%) of the cover crop throughout the year immediately following revegetation. Revegetation must be repeated in successive years until the minimum seventy-five percent (75%) survival for one (1) year is achieved. (B) Special techniques that meet the design criteria outlined in the “Design Manual for Construction” published by the North Central Texas Council of Governments on steep slopes or in drainageways shall be used to ensure stabilization. (C) Soil stockpiles must be stabilized or covered at the end of each workday. (D) The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season. (E) Techniques shall be employed to prevent the blowing of dust or sediment from the site. (F) Techniques that divert upland runoff past disturbed slopes shall be employed. (9) Sediment control requirements shall include: (A) Settling basins, sediment traps, or tanks and perimeter controls. (B) Settling basins that are designed in a manner that allows adaptation to provide long-term stormwater management, if required by the town. Town Council Page 623 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 3: Building Regulations 3-196 (C) Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls. (10) Waterway and watercourse protection requirements shall include: (A) A temporary stream crossing installed and approved by the town if a wet watercourse will be crossed regularly during construction. (B) Stabilization of the watercourse channel before, during, and after any in- channel work. (C) Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels. (D) Restrict clearing within twenty-five (25) feet of waterways. (11) Construction site access requirements shall include: (A) A temporary access road provided at all sites. (B) Other measures required by the town in order to ensure that construction vehicles do not track sediment onto public streets or washed into storm drains. (12) Erosion hazard setbacks. Erosion hazard setback determinations will be made for every stream in which natural channels are to be preserved. Natural channel banks will be protected by use of the determined setbacks unless a plan to stabilize and protect stream banks is approved by the designated official. (d) Certificated telecommunication providers and franchised utility companies. Subject to the terms of its franchise agreement with the town, including but not limited to terms regarding permits, a certificated telecommunication provider and a franchised utility company (hereinafter collectively referred to as “utility”) engaging in land-disturbing activities within the town shall comply with the following: (1) Erosion control plan. Prior to beginning any land-disturbing activity or upon the effective date of this article, an erosion control plan shall be submitted for approval by the town. (2) Notice of noncompliance; stop work order; issuance of citation. (A) The town designated official shall inspect the erosion control devices located at a site for compliance with the approved erosion control plan submitted for such site. If a utility fails to implement or maintain erosion control devices as specified in the approved erosion control plan, the town shall provide such party with written notice of noncompliance identifying the nature of such noncompliance. The utility shall have twenty-four (24) hours to bring its erosion control device(s) into compliance with the approved erosion control plan for the site where the violation occurred. Correction shall include sediment cleanup, erosion control device repair, and erosion control device maintenance. The twenty-four (24) hour cure period may be extended for inclement weather or other factors at the discretion of the inspector. Town Council Page 624 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 3: Building Regulations 3-197 (B) At the end of the twenty-four (24) hour cure period, the town shall reinspect the site. If, at the time of such reinspection, the erosion control devices at the site have not been brought into compliance with the approved erosion control plan, the town may issue a stop work order and issue a citation for each violation of the approved erosion control plan for said site. To obtain a reinspection for removal of the stop work order, a request for reinspection must be submitted along with payment of a reinspection fee as set by the town council. (e) Removal of erosion control devices. Upon final occupancy or upon establishing permanent ground cover on a lot, all temporary erosion control devices shall be removed. Failure to do so shall be a violation of this article. (Ordinance 2005-04, sec. VII, adopted 3/21/05; 2006 Code, ch. 11, sec. 6.06) Sec. 3.14.009 Maintenance of control devices; records (a) Maintenance of erosion and sediment control devices. (1) All persons subject to the requirements of this article shall maintain the required erosion and sediment control devices in a clean and operational state. Such person shall inspect each erosion and sediment control device after each rainfall event that exceeds one-half inch (1/2") in twenty-four (24) hours, or every fourteen (14) calendar days, whichever occurs first. Such person shall repair, replace, or remove sediment as necessary. (2) Such person shall also comply with any maintenance or repair directive given by the town’s inspector. Failure to comply with a town directive may result in deductions from the erosion control deposit account or stop work orders as provided by this article. (b) Records. Persons responsible for the operation of a stormwater management facility shall make records of the installation and repairs, and shall retain the records for at least two (2) years. These records shall be made available to the town during inspection of the facility and at other reasonable times upon request. (Ordinance 2005-04, sec. VIII, adopted 3/21/05; 2006 Code, ch. 11, sec. 6.07) Town Council Page 625 of 1236 Meeting Date: February 9, 2016 Town Council Page 626 of 1236 Meeting Date: February 9, 2016 4-1 CHAPTER 4 BUSINESS REGULATIONS ARTICLE 4.01 GENERAL PROVISIONS.................................................................................4-7 Sec. 4.01.001 Firearms dealers.....................................................................................4-7 ARTICLE 4.02 ALARM SYSTEMS...........................................................................................4-7 Division 1. Generally.................................................................................................................4-7 Sec. 4.02.001 Disclaimer.............................................................................................4-7 Sec. 4.02.002 Definitions.............................................................................................4-7 Sec. 4.02.003 Offenses; penalty...................................................................................4-8 Sec. 4.02.004 Applicability to government bodies......................................................4-9 Sec. 4.02.005 Proper operation and maintenance; duties of permittee........................4-9 Sec. 4.02.006 Manual reset..........................................................................................4-9 Sec. 4.02.007 Use of relaying intermediary...............................................................4-10 Sec. 4.02.008 Alarm reporting...................................................................................4-10 Sec. 4.02.009 Records of alarm businesses................................................................4-10 Sec. 4.02.010 Automatic dialing prohibited...............................................................4-10 Sec. 4.02.011 Operating instructions to be maintained at alarm site.........................4-10 Sec. 4.02.012 Dispatch records..................................................................................4-11 Sec. 4.02.013 System performance reviews...............................................................4-11 Sec. 4.02.014 False alarm service fees.......................................................................4-11 Sec. 4.02.015 Responsibility for acts by agents.........................................................4-12 Division 2. Permit....................................................................................................................4-12 Sec. 4.02.041 Required; application; issuance...........................................................4-12 Sec. 4.02.042 Duration; transfer.................................................................................4-13 Sec. 4.02.043 Grounds for revocation........................................................................4-13 Sec. 4.02.044 Appeals................................................................................................4-14 Sec. 4.02.045 Forfeiture of fee upon revocation of permit........................................4-14 Sec. 4.02.046 Reapplication after revocation.............................................................4-14 ARTICLE 4.03 PEDDLERS AND SOLICITORS....................................................................4-15 Division 1. Generally...............................................................................................................4-15 Sec. 4.03.001 Definitions...........................................................................................4-15 Sec. 4.03.002 Penalty.................................................................................................4-16 Sec. 4.03.003 Hours and days of operation................................................................4-17 Sec. 4.03.004 Do-not-solicit/no knock list.................................................................4-17 Division 2. Commercial Solicitation.......................................................................................4-18 Sec. 4.03.031 Permit required....................................................................................4-18 Sec. 4.03.032 Exceptions...........................................................................................4-18 Sec. 4.03.033 Application for permit.........................................................................4-18 Sec. 4.03.034 Issuance of permit; bond.....................................................................4-19 Sec. 4.03.035 Identification cards; possession and display of identification card and permit..........................................................................................4-20 Sec. 4.03.036 Appeals................................................................................................4-21 Sec. 4.03.037 Prohibited conduct...............................................................................4-21 Town Council Page 627 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-2 Sec. 4.03.038 Sale of fresh or frozen meats or seafood.............................................4-21 Sec. 4.03.039 Soliciting on street or public property.................................................4-22 Sec. 4.03.040 Supervision of child solicitors.............................................................4-23 Division 3. Charitable Solicitation..........................................................................................4-24 Sec. 4.03.071 Permit required; possession and display..............................................4-24 Sec. 4.03.072 Exceptions...........................................................................................4-24 Sec. 4.03.073 Application for permit.........................................................................4-24 Sec. 4.03.074 Issuance of permit; duration; renewal.................................................4-26 Sec. 4.03.075 Appeals................................................................................................4-26 Sec. 4.03.076 Responsibility of permittee for acts of persons soliciting...................4-27 Sec. 4.03.077 Prohibited methods of solicitation.......................................................4-27 Division 4. Religious Solicitation............................................................................................4-28 Sec. 4.03.101 Registration required...........................................................................4-28 Sec. 4.03.102 Registration information; duration......................................................4-28 Sec. 4.03.103 Proof of registration.............................................................................4-28 Sec. 4.03.104 Prohibited methods of solicitation.......................................................4-29 ARTICLE 4.04 SEXUALLY ORIENTED BUSINESSES........................................................4-30 Division 1. Generally...............................................................................................................4-30 Sec. 4.04.001 Purpose and intent...............................................................................4-30 Sec. 4.04.002 Definitions...........................................................................................4-30 Sec. 4.04.003 Classifications.....................................................................................4-33 Sec. 4.04.004 Enforcement; penalties; defenses........................................................4-34 Sec. 4.04.005 Injunctive relief...................................................................................4-34 Sec. 4.04.006 Amendments........................................................................................4-35 Division 2. License..................................................................................................................4-35 Sec. 4.04.031 Required; application...........................................................................4-35 Sec. 4.04.032 Issuance...............................................................................................4-36 Sec. 4.04.033 Fee.......................................................................................................4-38 Sec. 4.04.034 Inspections...........................................................................................4-38 Sec. 4.04.035 Expiration............................................................................................4-38 Sec. 4.04.036 Suspension...........................................................................................4-38 Sec. 4.04.037 Revocation...........................................................................................4-39 Sec. 4.04.038 Appeals................................................................................................4-40 Sec. 4.04.039 Transfer...............................................................................................4-40 Division 3. Location................................................................................................................4-40 Sec. 4.04.061 Restrictions..........................................................................................4-40 Sec. 4.04.062 Exemption from location restrictions..................................................4-41 Division 4. Operational Regulations.......................................................................................4-43 Sec. 4.04.091 Additional regulations for nude escort agencies..................................4-43 Sec. 4.04.092 Additional regulations for nude model studios....................................4-43 Sec. 4.04.093 Additional regulations for adult theaters and adult motion picture theaters...............................................................................................4-43 Sec. 4.04.094 Additional regulations for adult models..............................................4-43 Sec. 4.04.095 Exhibition of sexually explicit films or videos....................................4-44 Sec. 4.04.096 Display of sexually explicit material to minors...................................4-45 ARTICLE 4.05 GRAVEL PITS AND MINING OPERATIONS..............................................4-46 Sec. 4.05.001 Penalty.................................................................................................4-46 Sec. 4.05.002 Zoning regulations; permit..................................................................4-46 Sec. 4.05.003 Reclamation and restoration of land....................................................4-46 Town Council Page 628 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-3 ARTICLE 4.06 FOOD ESTABLISHMENTS...........................................................................4-46 Division 1. Generally...............................................................................................................4-46 Sec. 4.06.001 Adoption of state rules.........................................................................4-46 Sec. 4.06.002 Definitions...........................................................................................4-47 Sec. 4.06.003 Penalty; injunctive relief......................................................................4-49 Sec. 4.06.004 Enforcement........................................................................................4-49 Sec. 4.06.005 Inspections...........................................................................................4-49 Sec. 4.06.006 Examination and condemnation of food; procedure when disease is suspected........................................................................................4-51 Sec. 4.06.007 Submission and review of plans..........................................................4-52 Sec. 4.06.008 Food protection manager.....................................................................4-53 Sec. 4.06.009 Mobile units.........................................................................................4-54 Division 2. Permit....................................................................................................................4-55 Sec. 4.06.041 Required; transfer; exemptions............................................................4-55 Sec. 4.06.042 Issuance; fee; duration; offenses.........................................................4-56 Sec. 4.06.043 Suspension...........................................................................................4-57 Sec. 4.06.041 Revocation; appeals.............................................................................4-58 [Next page is 4-7.] Town Council Page 629 of 1236 Meeting Date: February 9, 2016 Town Council Page 630 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-7 ARTICLE 4.01 GENERAL PROVISIONS* Sec. 4.01.001 Firearms dealers (a) Generally. A person making application to hold or holding any federal firearms license to conduct business in the town shall: (1) Comply with all federal, state, county, and local regulations regarding all applicable license applications and/or the operation of such firearm or firearm related business. (2) Advise the chief of police or his or her designee of the theft or loss of any firearm in the possession or control of such person and shall supply the make, model, and serial number of any such firearm stolen or lost. (3) Secure all firearms in his or her possession in a secure device designed for the purpose of storing firearms. (b) Storage of black or smokeless powder. No person holding any federal firearms license to conduct business in the town shall store black or smokeless powder for retail sale. (Ordinance 2011-21, sec. 2 (5.03), adopted 6/6/11) ARTICLE 4.02 ALARM SYSTEMS† Division 1. Generally Sec. 4.02.001 Disclaimer (a) The permit requirements and regulations set forth in this article in no way constitute an endorsement of any business or of the concept of alarm systems as a positive aid to law enforcement, and do not obligate the town emergency personnel to respond in any manner to any notification as a result of a summons based on an alarm system. (b) The fact of emergency personnel response(s) to one or more alarm system notifications in no way is to be construed as the policy of the town or the intent of this article. The establishment of such policy by this article is expressly denied. (Ordinance 92-16, sec. II, adopted 5/19/92; Ordinance 92-21, sec. II, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.01) Sec. 4.02.002 Definitions Alarm notification. A communication intended to summon emergency personnel, which is designed either to be initiated purposely by the person or by an alarm system that responds to a stimulus characteristic of unauthorized intrusion. * Charter reference–Franchises, section 10.00. † State law references–Burglar alarm systems, V.T.C.A., Local Government Code, sec. 214.191 et seq.; municipal authority to enact ordinances regulating alarm systems, V.T.C.A., Local Government Code, sec. 233.095; Private Security Act, V.T.C.A., Occupations Code, ch. 1702. Town Council Page 631 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-8 Alarm permit holder. A person who has received an alarm system permit as required by this article. Alarm site. A single premises or location (one street address) served by an alarm system or systems. An alarm site will include a multi-unit dwelling where the owner of such dwelling provides or makes available an alarm system for his tenants. For purposes of the issuance of a permit, such multi-unit dwelling shall be considered one property requiring only one permit. Alarm system. A device or system that emits, transmits, or relays a signal intended to summon, or that would reasonably be expected to summon, emergency personnel of the town, including but not limited to local alarms. Alarm system does not include: (1) An alarm installed on a motor vehicle; (2) Any device or system designed solely to detect or give notice of fire, smoke or water flow; (3) An alarm system designed solely to alert the occupants of a building or residence which will not emit a signal either audible or visible from outside the building or residence. Alarm system user. A person who owns or controls the premises upon which an alarm system is located. For example, this would include a real estate agent acting on behalf of the owner of the premises. Chief. The chief of police of the town, or his representative. Emergency personnel. Police personnel or fire personnel in the town. False alarm notification. The activation of an alarm system that results in notification to town emergency personnel, and response by emergency personnel at a time when the responding personnel find no evidence of unauthorized intrusion, attempted unauthorized intrusion, robbery, attempted robbery, or any other violation that the alarm system was intended to report. Local alarm. An alarm system that emits a signal at an alarm site that is audible or visible from the exterior of a structure. Person. An individual, corporation, partnership, association, organization or similar entity. (Ordinance 92-16, sec. III, adopted 5/19/92; Ordinance 92-21, sec. III, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.02) Sec. 4.02.003 Offenses; penalty (a) It shall be unlawful to operate an alarm system during the period in which an alarm permit is under revocation. Each day of such operation shall constitute a separate offense. (b) It shall be unlawful for any person to operate an alarm system without a permit or in violation of any provision of section 4.02.041 or for a violation of section 4.02.014(a) and (b). Each day of such operation shall constitute a separate offense. Town Council Page 632 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-9 (c) Any person in violation of subsection (a) or (b) of this section shall be fined, upon conviction, not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. (Ordinance 92-16, sec. XXIII, adopted 5/19/92; Ordinance 92-21, sec. XXIII, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.20) Sec. 4.02.004 Applicability to government bodies The United States government, the state, the town or any county government or school district situated within the corporate limits of the town shall comply with the requirements of this code; provided, however, that they shall be exempt from the payment of any fees. (Ordinance 92-16, sec. XIX, adopted 5/19/92; Ordinance 92-21, sec. XIX, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.19) Sec. 4.02.005 Proper operation and maintenance; duties of permittee (a) A permit holder or alarm system user shall: (1) Maintain the premises containing an alarm system in a manner that ensures proper operation of the alarm system; (2) Maintain the alarm system in a manner that will minimize false alarm notifications; (3) Respond or cause a representative to respond within a reasonable period of time when notified by the town to repair or inactivate a malfunctioning alarm system, to provide access to the premises or to provide security for the premises. For purposes of this article, it shall be a rebuttable presumption that more than thirty (30) minutes constitutes an unreasonable period of time to respond; (4) Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report. (b) A person in control of an alarm system shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal will sound for no longer than fifteen (15) minutes after being activated. (Ordinance 92-16, sec. VI, adopted 5/19/92; Ordinance 92-21, sec. VI, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.05) Sec. 4.02.006 Manual reset A permit holder or person in control of an alarm system which has an automatic resetting device, and which system causes three (3) or more alarms within a twenty-four (24) hour period, shall manually reset the system. (Ordinance 92-16, sec. VII, adopted 5/19/92; Ordinance 92-21, sec. VII, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.06) Town Council Page 633 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-10 Sec. 4.02.007 Use of relaying intermediary A permit holder or person in control of an alarm system shall not allow signals to be reported through a relaying intermediary that does not comply with the requirements of this code and any rules and regulations promulgated by the chief, or is not licensed by the state private security bureau. (Ordinance 92-16, sec. VIII, adopted 5/19/92; Ordinance 92-21, sec. VIII, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.07) Sec. 4.02.008 Alarm reporting A person who is engaged in the business of relaying alarm notifications to the town shall: (1) Make notification by a human operator; and (2) Communicate alarm notifications to the town in a manner and form designated by the chief. (Ordinance 92-16, sec. IX, adopted 5/19/92; Ordinance 92-21, sec. IX, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.08) Sec. 4.02.009 Records of alarm businesses (a) A person engaged in the business of selling, leasing, installing, or otherwise distributing alarm systems shall maintain records at its place of business which will show the names and addresses of persons to whom an alarm system was sold, leased, installed or otherwise distributed, as well as the date of such transaction. (b) Said business shall make said records available during regular business hours to the chief or his designated representative for inspection. The purpose of this section is to assure that alarm system users are in compliance with this code, but not to regulate in any manner any person engaged in the alarm business. (Ordinance 92-16, sec. X, adopted 5/19/92; Ordinance 92-21, sec. X, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.09) Sec. 4.02.010 Automatic dialing prohibited No person shall operate or cause to be operated any automatic dialing device which, when activated, uses a telephone device or attachment to automatically select a telephone line leading into the police department of the town and then transmit any prerecorded message or signal. (Ordinance 92-16, sec. XI, adopted 5/19/92; Ordinance 92-21, sec. XI, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.10) Sec. 4.02.011 Operating instructions to be maintained at alarm site A permit holder or person in control of an alarm system shall maintain at each alarm site a complete set of written operating instructions for each alarm system. Special codes, combinations, or passwords shall not be included in these instructions. (Ordinance 92-16, sec. XII, adopted 5/19/92; Ordinance 92-21, sec. XII, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.11) Town Council Page 634 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-11 Sec. 4.02.012 Dispatch records (a) Emergency personnel responding to a dispatch resulting from an alarm system notification shall record such information as necessary to permit the chief to maintain records, including but not limited to the following information: (1) Identification of the permit holder; (2) Identification of the alarm site; (3) Time dispatched, arrived, and cleared; (4) Time of day, date; (5) Weather conditions; and (6) Name of the permit holder’s representative on the premises, if any. (b) Responding personnel shall indicate on the dispatch record whether the notification was caused by a false alarm. (Ordinance 92-16, sec. XIII, adopted 5/19/92; Ordinance 92-21, sec. XIII, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.12) Sec. 4.02.013 System performance reviews If there is reason to believe that an alarm system is not being used or maintained in the manner that ensures proper operation and suppresses false alarms, the chief may require a conference with an alarm permit holder and the individual or association responsible for maintenance of the alarm system to review circumstances of each false alarm. Any such conference will be held only after a ten (10) day notice to the permit holder, such notice to be effective on mailing to the permit holder at the address listed on the application. (Ordinance 92-16, sec. XIV, adopted 5/19/92; Ordinance 92-21, sec. XIV, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.13) Sec. 4.02.014 False alarm service fees (a) Except as provided in subsections (b) and (c), the holder of an alarm permit shall pay a service fee in the amount established by the fee schedule for each false alarm notification emitted from an alarm site that is in excess of five (5) false alarms during the twelve (12) months immediately following the date of issuance of the permit and each succeeding twelve (12) months thereafter. (b) The holder of an alarm permit for a multifamily dwelling issued as one protected property shall pay a service fee in the amount established by the fee schedule for each false alarm notification emitted from said alarm site that is in excess of ten (10) false alarms during the twelve (12) months immediately following the date of issuance of the permit and each succeeding twelve (12) months thereafter. Town Council Page 635 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-12 (c) If a person notifies the chief and applies for an alarm permit before the installation of a new alarm system, no service fee will be assessed during the first fifteen (15) days after installation, and false alarm notifications during that period will not be counted in determining when a service fee will be assessed. (Ordinance 92-16, sec. XV, adopted 5/19/92; Ordinance 92-21, sec. XV, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.14; Ordinance adopting Code) Sec. 4.02.015 Responsibility for acts by agents In addition to prohibiting or requiring certain conduct of individuals, it is the intent of this code to hold a corporation, partnership or other association criminally responsible for acts or omissions performed by an agent acting on behalf of the corporation, partnership or other association, within the scope of his employment. (Ordinance 92-16, sec. XVII, adopted 5/19/92; Ordinance 92-21, sec. XVII, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.16(C)) Secs. 4.02.016–4.02.040 Reserved Division 2. Permit Sec. 4.02.041 Required; application; issuance (a) No person shall operate, cause to be operated, or permit the operation of an alarm system unless a valid permit has been issued by the town for such system. This requirement is applicable to the person in control of the property which the alarm system is designed to protect. (b) An alarm system user or his agent shall obtain a permit for each alarm site. (c) Upon receipt of a completed application form, the permitting department shall issue an alarm permit to the applicant unless the applicant has failed to pay a service fee assessed under section 4.02.014 or has had an alarm permit for the alarm site revoked, and the violation causing the revocation has not been corrected. (d) Each permit application must contain the following information: (1) Name, address, and telephone number of the person who will be the permit holder and be responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this article. (2) The street address of the property on which the alarm system is to be installed and operated. (3) Classification of the alarm site as either residential or commercial. (4) Any business name or title used for the premises on which the alarm system is to be installed and operated. (5) The name of one other person to respond to an alarm in the event the permit holder is unavailable. Town Council Page 636 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-13 (6) Any other information required by the law enforcement agency which is necessary for the enforcement of this article. (e) Any false statement of a material matter made by the applicant for the purpose of obtaining an alarm permit shall be sufficient cause for refusal to issue a permit and/or for revocation of a permit already issued. (f) A permit holder shall inform the town of any change that alters any information listed on the permit application within five (5) days of the occurrence of the change. (g) All fees owed by an applicant must be paid before a permit may be issued or renewed. (h) The fee for a permit issued pursuant to this code shall be in the amount established by the fee schedule in appendix A to this code for single-family residences and businesses. (i) The fee for a permit issued pursuant to this code for a multiple-family dwelling when the owner of that dwelling provides or makes available for his tenants alarm systems shall be in the amount established by the fee schedule per permit term for each unit. (Ordinance 92-16, sec. IV, adopted 5/19/92; Ordinance 92-21, sec. IV, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.03; Ordinance adopting Code) Sec. 4.02.042 Duration; transfer A permit is valid, unless revoked, from the date of issuance. A permit is transferable to a purchaser of property where the alarm system is in place provided there are no modifications made to the alarm system and a new permit fee is paid. (Ordinance 92-16, sec. V, adopted 5/19/92; Ordinance 92-21, sec. V, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.04) Sec. 4.02.043 Grounds for revocation The chief may revoke an alarm permit if he determines that: (1) There is any violation of this article; (2) There is a false statement of a material matter in the application for a permit; (3) An alarm system other than a multifamily dwelling system has generated in excess of six (6) false alarms during the twelve (12) months immediately following the date of issuance of the permit and each succeeding twelve (12) months thereafter; (4) A multifamily dwelling alarm system has generated in excess of ten (10) false alarm notifications during the twelve (12) months immediately following the date of issuance of the permit and each succeeding twelve (12) months thereafter; (5) The permit holder has failed to make payment of any service fee assessed under section 4.02.014 within thirty (30) days of the assessment. Town Council Page 637 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-14 (6) Failure to attend the conference provided for in section 4.02.013. (Ordinance 92-16, sec. XVI, adopted 5/19/92; Ordinance 92-21, sec. XVI, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.15) Sec. 4.02.044 Appeals (a) If the chief refuses to issue or renew a permit, or revokes a permit, he shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of this action and a statement of the right to an appeal. The applicant or permit holder may appeal the decision of the chief to the town manager or designee by filing with the town manager or designee a written request for a hearing setting forth the reason for the appeal, within ten (10) days after receipt of the notice of the chief. The filing of a request for an appeal hearing with the town manager or designee stays the action of the chief as to the denial of a permit or the revocation of a permit until the town manager or designee makes a final decision. If a request for an appeal hearing is not made within the ten-day period, the action of the chief is final. (b) The town manager or designee shall serve as hearing officer at an appeal, and consider evidence by any interested person. The formal rules of evidence do not apply at an appeal hearing; the hearing officer shall make his decision on the basis of a preponderance of the evidence presented, within thirty (30) days after the request for an appeal hearing is filed. The hearing officer shall affirm, reverse, or modify the action of the chief. The decision of the hearing officer is final as to the administrative remedies with the town. (Ordinance 92-16, sec. XVII, adopted 5/19/92; Ordinance 92-21, sec. XVII, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.16(A), (B); Ordinance adopting Code) Sec. 4.02.045 Forfeiture of fee upon revocation of permit When the revocation of a permit is final, all permit fees shall be forfeited. (Ordinance 92-16, sec. XVIII, adopted 5/19/92; Ordinance 92-21, sec. XVIII, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.17) Sec. 4.02.046 Reapplication after revocation (a) Should an alarm system user or his agent, after final permit revocation, desire to reapply for a permit, he shall be required to submit a new permit application, including required permit fees. (b) The applicant shall also submit satisfactory proof of compliance with the code. (Ordinance 92-16, sec. XIX, adopted 5/19/92; Ordinance 92-21, sec. XIX, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.18) Town Council Page 638 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-15 ARTICLE 4.03 PEDDLERS AND SOLICITORS* Division 1. Generally Sec. 4.03.001 Definitions In this code: Actively supervised. Oversight and supervision by an adult person at least eighteen (18) years of age who is physically located within one hundred feet (100') of a child solicitor sixteen (16) years of age or less for whom the supervisor is responsible at all times when such child solicitor is engaged in soliciting. Agent. Any person contracting with the holder of a permit secured pursuant to the terms of this article to advertise, distribute or sell products under such permit. Applicant. Any person that requests a permit for solicitation as required by this article. Charitable solicitations and charitable solicitations campaign. Any course of conduct whereby any person solicits property or financial assistance of any kind, or sells or offers for sale or use any goods or merchandise, including, without limitation, any article, tag, service, emblem, publication, ticket, advertisement, subscription or anything of value on the plea or representation that such sale or solicitation or the proceeds therefrom are for a charitable, educational, patriotic or philanthropic purpose. Commercial solicitations. Any course of conduct whereby any person engages in soliciting of goods or merchandise, other than charitable solicitations or religious solicitations as defined herein. Goods or merchandise. Any service or personal property of any nature whatsoever except printed material. Itinerant vendor. A person who engages in a business of selling goods or services from any structure or vehicle which is not affixed to the ground, or from no structure or vehicle. Mobile food unit. A vehicle from which food is distributed or served to an ultimate customer. Permit. Written documentation issued by the town permitting department authorizing activities in accordance with this article. Permitting department. The office and individuals assigned to the office primarily tasked with issuing permits as required or authorized by the town. Person or persons. An individual, corporation, association, church, organization, society or any other legal entity, including their employees, contractors, agents, members, and representatives. * State law references–Authority of municipality to license, tax, suppress, prevent, or otherwise regulate peddlers, hawkers and pawnbrokers, V.T.C.A., Local Government Code, sec. 215.031; cancellation of certain consumer transactions, V.T.C.A., Business and Commerce Code, ch. 601; solicitation by pedestrian, V.T.C.A., Transportation Code, sec. 552.007. Town Council Page 639 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-16 Public property. Any property open or devoted to public use or owned by, leased to or under the control of the town, including, but not limited to, buildings, facilities, sidewalks, streets, parkways, medians, right-of-way easements and parks. Religious solicitations and solicitations for a religious purpose. Any course of conduct whereby any person solicits property or financial assistance of any kind or sells or offers for sale or use any goods or merchandise, including, without limitation, any article, tag, service, emblem, publication, ticket, advertisement, subscription or anything of value, on the plea or representation that such sale or solicitation or the proceeds therefrom are for a religious purpose, on public property, in any privately or publicly owned or controlled office building, or any other public or private place, or by house-to-house canvassing. Shoulder. The unpaved section of a highway, road, or street in the town which is located in the public right-of-way and abuts the paved section of the highway, road or street and extends to the outside boundaries of the right-of-way. Solicit or soliciting. Any course of conduct to sell or attempt to sell goods or merchandise, including without limitation, services or anything of value, or to take or attempt to take orders for the future delivery of goods or merchandise, or anything of value, or to take or attempt to take orders for services to be furnished or performed in the future when the solicitation occurs upon the premises of another or upon any public property. The term includes the distribution of a handbill, a circular, or a flyer advertising a commercial event, or commercial goods or merchandise. An offer of membership in an organization is expressly excluded. Solicitation. The practice, act or instance of soliciting as defined herein. Solicitor. All persons who solicit. Town. The area within the corporate and extraterritorial boundaries of the town, and includes without limitation all private property and public property within those boundaries. Town manager. The town manager or his designee. Vehicle. Any device in, upon, or by which a person or property may be transported or drawn upon a street or sidewalk, including but not limited to motor vehicles, carts, wagons, cars, trucks and vans. (Ordinance 86-12, sec. II, adopted 4/14/86; Ordinance 92-22, sec. II, adopted 12/15/92; 2006 Code, ch. 10, sec. 4.01; Ordinance 2008-21, sec. II, adopted 8/18/08; Ordinance 2014-21, sec. 2.01, adopted 8/12/14; Ordinance adopting Code) Sec. 4.03.002 Penalty (a) Criminal penalty. Any person intentionally, knowingly, or recklessly violating any of the provisions of this code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed five hundred dollars ($500.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. (b) Revocation or suspension of permit or identification card by municipal court judge. Upon conviction of two (2) or more violations of any one (1) or more of the provisions of this article, Town Council Page 640 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-17 the town’s municipal court judge, in addition to imposing a fine, may institute proceedings to suspend or revoke the permit or the solicitor’s identification card issued under this article. A person who has received two (2) or more convictions under this article shall be denied a permit or solicitor’s identification card for a period of two (2) years following the date of the second conviction. (Ordinance 86-12, sec. VIII, adopted 4/14/86; Ordinance 92-22, sec. IX, adopted 12/15/92; 2006 Code, ch. 10, sec. 4.06; Ordinance 2014-21, sec. 2.04, adopted 8/12/14) Sec. 4.03.003 Hours and days of operation (a) It shall be unlawful for any person to conduct commercial solicitations, charitable solicitations or religious solicitations before the hour of 9:00 a.m. and after the earlier of dusk or the hour of 9:00 p.m. on any day Monday through Saturday, except as otherwise expressly provided herein. For purposes of this section, dusk shall mean thirty (30) minutes after sunset. (b) There shall be no solicitation on Sunday, New Years Eve, New Years Day, Memorial Day (observed), Fourth of July, Labor Day (observed), Thanksgiving Day, the day after Thanksgiving, Christmas Eve, or Christmas Day. (Ordinance 86-12, sec. VI, adopted 4/14/86; 2006 Code, ch. 10, sec. 4.05; Ordinance 2008-21, sec. II, adopted 8/18/08; Ordinance 2008-33, sec. II, adopted 10/20/08; Ordinance 2014-15 adopted 6/16/14) Sec. 4.03.004 Do-not-solicit/no knock list (a) The town manager shall develop and maintain a list of residential property addresses where soliciting is prohibited and such list shall be referred to as the “do-not-solicit/no knock list.” (b) Any property owner or occupant of a residential property may elect to add or remove his or her residential address to or from the do-not-solicit/no knock list through the procedures developed by the town manager as posted on the town website and as available at the town permitting department. The property owner or occupant making such a request shall be required to affirm in writing that he or she is an owner or occupant of the residential property, and is making the request on his or her behalf and/or on behalf of any other owner or occupant at that property. (c) The town manager shall make the do-not-solicit/no knock list available on the town’s website and shall also make the list available at the town permitting department to any person upon request. (d) The town manager shall make the do-not-solicit/no knock list available to each person issued a permit under this article and to each person issued a solicitor’s identification card under this article at the time of issuance of the permit or solicitor’s identification card. It shall be the responsibility of the holder of the permit or solicitor’s identification card to review the listing of residential properties provided on the town website at intervals identified by town on the permit or solicitor’s identification card in order to ensure that he/she is utilizing the most current do-not- solicit/no knock list. (Ordinance 2014-21, sec. 2.03, adopted 8/12/14) Town Council Page 641 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-18 Secs. 4.03.005–4.03.030 Reserved Division 2. Commercial Solicitation Sec. 4.03.031 Permit required Except as expressly provided herein, it shall be unlawful for a person to conduct any commercial solicitation in the town without first having in his or her possession a valid written permit therefor issued by the town. (2006 Code, ch. 10, sec. 4.02(A). See end of this division for full history for this division.) Sec. 4.03.032 Exceptions The following shall be affirmative defenses to prosecution for violation of applicable permitting requirements set forth in this article: (1) That the solicitor is on the property by express invitation of the person residing on or controlling such premises. (2) That the solicitor is a wholesale agent or factory representative who sells or exhibits for sale goods, wares or merchandise and was soliciting a person or persons engaged in the business of buying, selling and dealing in the same type of goods or merchandise. (3) That the solicitor was operating under a license granted by a state agency or the town authorizing the sale of property or services which the solicitor wishes to sell in the town. (4) That the solicitor was soliciting newspaper sales or sales of publications or other printed material which deal with the dissemination of information or opinion; however, this defense is not available for a violation of section 4.03.039(c), section 4.03.039(d), or section 4.03.003 of this article. (5) That the solicitation takes place upon the premises owned, leased or controlled by the solicitor or by his employer. (2006 Code, ch. 10, sec. 4.02(B). See end of this division for full history for this division.) Sec. 4.03.033 Application for permit (a) Any person desiring to solicit within the town shall file a written application for a permit to do so with the permitting department, which application shall show: (1) The name and address of the applicant; if the applicant is an association, company or corporation, then it shall state its name along with the names of the persons who will be soliciting in the town; (2) The name and address of the employer or firm which such applicant represents; (3) If the applicant is a corporation, or if the individual is employed by a corporation, the date and place of incorporation; Town Council Page 642 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-19 (4) The names of other communities in which the applicant has worked as a solicitor in the past twelve (12) months, and if he was employed by a different company in the other communities, the names of those companies shall also be stated; (5) The nature of goods or merchandise to be sold or offered for sale or the nature of the services to be furnished; (6) Whether such applicant upon such order so obtained will demand, accept or receive payment or deposit of money in advance of final delivery; (7) The period of time such applicant so wishes to solicit in the town; (8) An outline of the method or methods to be used in conducting the solicitations; (9) A physical description of the applicant which includes sex, height, hair and eye color, date of birth, driver’s license number and the name of the state issuing the driver’s license; and (10) Whether the applicant or any person soliciting pursuant to the applicant’s permit has been convicted within the five (5) years preceding the date of the application of murder, burglary, theft, fraud, robbery, rape, or any drug-related felony or is a registered sex offender. (b) Such application shall also show satisfactory written proof of the applicant’s authority to represent the company or individual such applicant states that he represents. (c) The application shall be accompanied by a fee as set forth in the fee schedule in appendix A of this code, and no permit hereunder shall be issued until such fee has been paid by the applicant. (d) A permit requested under this section shall be issued for the length of time requested, not to exceed twelve (12) months. Upon expiration of one permit, the solicitor may apply for a new permit in the same manner prescribed by this section for a new permit. (e) The permitting department shall require the applicant to provide documentation from the state department of public safety that neither the applicant nor any of the applicant’s agents have been convicted within the five (5) years preceding the date of the application of murder, burglary, fraud, theft, robbery, rape, or any drug-related felony or are registered sex offenders. (2006 Code, ch. 10, sec. 4.02(C). See end of this division for full history for this division.) Sec. 4.03.034 Issuance of permit; bond (a) Where the applicant for a permit to solicit within the town shows that the applicant will not demand, receive or accept payment and/or deposit of money in advance of final delivery of goods or merchandise to be solicited by such applicant and/or the applicant’s agents, it shall be the duty of the permitting department to issue to such applicant a permit to solicit the goods or merchandise identified in such applicant’s application within five (5) working days of the completion of the application and payment of the fee, unless it has been determined that the application contains false information or the applicant and/or any of the applicant’s agents has Town Council Page 643 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-20 been convicted within the five (5) years preceding the date of the application of murder, theft, fraud, burglary, robbery, rape, or a drug-related felony or are a registered sex offender. (b) If the application for such permit shows that such applicant shall receive, demand or accept payment and/or deposit of money in advance of final delivery of goods or merchandise sold, then such application shall be accompanied by a bond in the penal sum of one thousand dollars ($1,000.00) for an individual permit executed by such applicant as principal and a surety company licensed to do business as such in the state. Such bond is to be conditioned upon making final delivery of such goods, merchandise, services, or anything of value in accordance with the terms of such order and/or orders obtained and which bond shall be used for the benefit of all persons who may pay in advance or make any advance deposit on the purchase of orders for goods or merchandise and such bond shall stipulate this obligation in its terms. (c) If the application contains false information or the applicant and/or any person operating under the applicant’s permit has been convicted within the five (5) years preceding the date of the application of murder, theft, fraud, burglary, robbery, rape, or a drug-related felony or is a registered sex offender, the permitting department shall not issue the permit. (2006 Code, ch. 10, sec. 4.02(D). See end of this division for full history for this division.) Sec. 4.03.035 Identification cards; possession and display of identification card and permit (a) Issuance of identification cards. Along with every individual permit issued under the provisions of this article, the permit holder shall be issued a solicitor’s identification card, which shall contain the information set forth in subsection (b) below. The applicant shall provide the permitting department with the names and addresses of all persons soliciting and for whom such solicitor identification cards are required under this section. A person to whom a permit has been issued under this division shall obtain a solicitor’s identification card for himself and for each person soliciting for or on behalf of such permit holder. (b) Information on identification cards. Solicitor’s identification cards shall contain the name of the permit holder, the address of the permit holder, the name, address, date of birth, sex, hair and eye color, photograph, and signature of the solicitor to whom such solicitor’s identification card is issued, a description of the purpose of the solicitation for which the permit has been issued, the signature of the solicitor and the specific period of time during which the solicitor is authorized to solicit on behalf of the permit holder. The solicitor’s identification card shall also contain the following language prominently printed in either red or boldface type: “This identification card is not an endorsement of the Solicitation by the Town of Trophy Club or its officers, officials, or employees. It is your duty to verify all information given to you by this Solicitor.” (c) Possession and display of identification card and permit. No person shall solicit without the solicitor’s identification card and a copy of the permit in his possession. The solicitor’s identification card shall be prominently displayed on the person of the solicitor at all times while engaged in solicitation within the town. Upon the request of any person to whom a solicitation is being made or upon the request of a peace officer, a copy of the permit issued by the town shall be shown. It shall be unlawful for any person to solicit in the town without having the required permit and/or solicitor’s identification card on his person. It shall be unlawful for any person Town Council Page 644 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-21 soliciting to fail or refuse to show or display such permit or solicitor’s identification card upon the request of a person solicited or of a peace officer. (2006 Code, ch. 10, sec. 4.02(E). See end of this division for full history for this division.) Sec. 4.03.036 Appeals Should an applicant be denied a permit, or have a permit revoked, he may appeal that action to the town council by submitting a letter to the town secretary’s office within ten (10) days of the effective date of the denial or revocation. A hearing on the denial or revocation will then be scheduled for the next regular meeting of the town council for which all legal requirements can be met. The town council will render a decision on the appeal within ten (10) days of the hearing. (2006 Code, ch. 10, sec. 4.02(F). See end of this division for full history for this division.) Sec. 4.03.037 Prohibited conduct It shall be unlawful for a person engaged in solicitation to: (1) Misrepresent the purpose of the solicitation; (2) Misrepresent the affiliation of those engaged in the solicitation; (3) Continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to give anything to or buy anything from that solicitor; (4) Represent the issuance of any permit under this article as an endorsement or recommendation of the solicitation by the town; (5) Go onto residential property upon which the owner of the property or the person controlling the property: (A) Has posted signs prohibiting solicitation; and (B) Has placed his/her name and the address of such residential property on the do- not-solicit/no knock list maintained by the town. (6) Remain on property after the owner of the property or person controlling the property has instructed the solicitor to leave; or (7) Conduct any form of solicitation during prohibited hours as set forth in section 4.03.003. (2006 Code, ch. 10, sec. 4.02(G). See end of this division for full history for this division.) Sec. 4.03.038 Sale of fresh or frozen meats or seafood (a) Sale on public property. It shall be unlawful for any person to solicit or exhibit for sale fresh or frozen meats or frozen seafood upon any public property within the town. (b) Sale by itinerant vendors. It shall be unlawful for any itinerant vendor to solicit or exhibit for sale fresh or frozen meats or seafood within the town. Town Council Page 645 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-22 (c) Defenses. It shall be an affirmative defense to subsections (a) and (b) of this section if the solicitor is a wholesale agent, factory representative or other person who sells or exhibits for sale fresh or frozen meats or seafood and was soliciting persons engaged in the business of buying and selling fresh or frozen meats and such solicitation does not occur on public property. (2006 Code, ch. 10, sec. 4.02(H), (I). See end of this division for full history for this division.) Sec. 4.03.039 Soliciting on street or public property (a) Soliciting occupants of vehicles. (1) It shall be unlawful for any person to solicit the occupant of any vehicle located upon the paved surface or shoulder of any public street, highway or road within the town. (2) It shall be an affirmative defense to prosecution under subsection (a)(1) of this section if the solicitation was for the sale of newspapers or publications or other printed material which deals with the dissemination of information or opinion; however, this defense is not available for a violation of subsection (c) of this section, subsection (d) of this section, or section 4.03.003 of this article. (b) Occupying public property. (1) Prohibited. It shall be unlawful for any person to occupy any public property in the town for the purpose of soliciting. (2) Defenses. It is an affirmative defense to prosecution under this subsection if a person engaged in soliciting: (A) Possesses a contract with the town to operate a concession on designated areas of public property; (B) Possesses a vendor’s permit for prepared frozen dairy food products or frozen desserts to be sold from a mobile food unit on the streets and which unit remains in the same place no more than five (5) minutes and then moves on to a new location after each sale; however, this defense is not applicable to the sale of prepared frozen dairy food products and frozen deserts to be sold from a mobile food unit or otherwise upon the major thoroughfares identified by subsection (d) of this section; (C) Is soliciting, distributing or offering for sale only printed matter on streets, sidewalks or rights-of-way other than those major thoroughfares listed in subsection (d) of this section; (D) Is operating a vehicle for hire pursuant to a franchise, license, or permit of the town or the state; or (E) Has been granted permission by agreement approved by the town council. Town Council Page 646 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-23 (3) Placing or maintaining structure or vehicle. It shall be unlawful for any person to erect, construct, build, place or maintain any booth, stand or other structure, or vehicle, either permanent or temporary, upon any public property with the intent of soliciting from such structure or vehicle. It shall be an affirmative defense to prosecution under this section if: (A) The coin-operated newspaper vending machine is located upon public sidewalks and does not create a hazard to pedestrians or vehicular traffic; (B) The person possesses a contract with the town to operate a concession on designated areas of public property; (C) The person has been authorized to do so at a special event by the town council; or (D) The person possesses a vendor’s permit for prepared frozen dairy food products or frozen desserts to be sold from a mobile food unit on the streets and which unit remains in the same place no more than five (5) minutes and then moves on to a new location after each sale; however, this defense is not applicable to the sale of prepared frozen dairy food products or frozen desserts to be sold from a mobile food unit or otherwise upon those major thoroughfares listed in subsection (d) of this section. (c) Soliciting or distributing newspapers or publications to occupants of vehicles. It shall be unlawful for any person to solicit or to give newspapers or publications to any occupant of any vehicle which is located in a traffic lane or shoulder of any of the major thoroughfares set forth in subsection (d) of this section. (d) Soliciting on major thoroughfare. The rights-of-way, highways, roads and streets and the intersections where other rights-of-way, highways, roads and streets intersect the rights-of-way, highways, roads and streets enumerated in the town’s comprehensive land use plan are declared to be major thoroughfares within the limits of the town for purposes of this section. Except as specifically set forth herein, solicitation upon major thoroughfares is prohibited. (2006 Code, ch. 10, sec. 4.02(J)–(M). See end of this division for full history for this division.) State law reference–Solicitation by pedestrian, V.T.C.A., Transportation Code, sec. 552.007. Sec. 4.03.040 Supervision of child solicitors It shall be unlawful for any person to use children sixteen (16) years of age or younger for commercial solicitation purposes unless such children are actively supervised by an adult person who is permitted or registered as required by this article. (2006 Code, ch. 10, sec. 4.02(N)). See end of this division for full history for this division.) (Ordinance 86-12, sec. III, adopted 4/14/86; Ordinance 92-22, secs. III, VI, adopted 12/15/92; 2006 Code, ch. 10, sec. 4.02; Ordinance 2008-21, sec. II, adopted 8/18/08; Ordinance 2014-21, sec. 2.02, adopted 8/12/14) Secs. 4.03.041–4.03.070 Reserved Town Council Page 647 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-24 Division 3. Charitable Solicitation Sec. 4.03.071 Permit required; possession and display (a) It shall be unlawful to conduct any charitable solicitation campaign in any office building or on any public property or private place, or by house-to-house canvass, unless the person sponsoring the charitable solicitation campaign shall first have obtained a permit in compliance with the terms of this division. (b) No person shall engage in charitable solicitations under this article without having in his possession a copy of the permit or other documentation evidencing that a permit has been issued by the town for the charitable solicitations campaign. The proof of registration shall be shown, upon request, to all persons solicited and to any peace officer of the town. (2006 Code, ch. 10, sec. 4.03(A). See end of this division for full history for this division.) Sec. 4.03.072 Exceptions The following are affirmative defenses to the permitting requirements of this division: (1) Any charitable solicitation by or from a person who is a member of or is acting on behalf of an organization which solicits funds solely from its own members or from its own assemblies, not using public property for such purposes; (2) Any charitable solicitation by or from a person for or on behalf of a public or private school which controls the solicitation of funds by parent-teacher association organizations and the solicitation of funds by other activity groups which may be sponsored by the public or private school or by an association or club whose primary purpose is to sponsor certain student and parent activities for the benefit of such association, club or activity; (3) Any charitable solicitation for the benefit of an individual or family that has suffered a personal tragedy resulting from personal injury, illness or the loss of housing; (4) Any charitable solicitations campaign conducted through the use of television or radio as to those activities directly related to the use of television or radio; and (5) Members of bona fide full-time or volunteer fire departments or police departments when engaged in a charitable solicitations campaign, including, without limitation, the Muscular Dystrophy Foundation “Fill the Boot” campaign. (2006 Code, ch. 10, sec. 4.03(B). See end of this division for full history for this division.) Sec. 4.03.073 Application for permit (a) A permit [application] to conduct a charitable solicitations campaign on the streets or in any public place or a permit to conduct a charitable solicitations campaign on public property or private property in the town shall be submitted in duplicate to the permitting department not less than eleven (11) working days (Monday through and including Friday) prior to the initiation of the proposed charitable solicitations campaign. If the application is mailed to the permitting department, it must be received eleven (11) working days (Monday through and including Friday) Town Council Page 648 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-25 prior to the proposed date for the initiation of the proposed campaign. Such application shall be sworn to by the applicant and shall contain, at minimum, the following information. A permit will be issued upon the approval of the permitting department on or before the fifth working day after its receipt or it shall be deemed denied. The application shall contain: (1) The full name of the organization applying for a permit to solicit and the address of the headquarters in the town; if the organization is a chapter or other affiliate of an organization having its principal office outside the town, the name and address of the parent organization. (2) The names and addresses of all officers and directors or trustees of the organization and the name and city of residence of all officers, directors or trustees of the parent organization, if any. (3) The purpose or purposes for which the gross receipts derived from such solicitations or other activities are to be used. (4) The name of the person or persons by whom the receipts of such solicitation shall be disbursed; if the receipts are transmitted to a parent organization for further disbursement, detailed information on the methods of handling and disbursement of all funds and a detailed and complete financial statement of the parent organization for the last preceding fiscal year. (5) The name and address of the person or persons who will be in charge of conducting the charitable solicitations campaign and the approximate number of persons who shall actually solicit contributions. (6) A physical description of the applicant which includes sex, height, hair and eye color, date of birth, driver’s license number and the name of the state issuing the driver’s license, if applicable. (7) Whether the applicant has been convicted within the five (5) years preceding the date of the application of murder, burglary, theft, fraud, robbery, rape, or any drug-related felony, or is a registered sex offender. (8) An outline of the method or methods to be used in conducting the charitable solicitations campaign. (9) The period within which such charitable solicitations campaign shall be conducted, including the proposed dates for the beginning and ending of such campaign. (10) The total amount of funds proposed to be raised. (11) The amount of all salaries, wages, fees, commissions, expenses and costs to be expended or paid to anyone in connection with such campaign, together with the manner in which such wages, fees, commissions, expenses and costs are to be expended, and the maximum percentage of funds collected which are to be used to pay such expenses of solicitation and collection. Town Council Page 649 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-26 (12) A full statement of the character and extent of the charitable, educational, patriotic or philanthropic work done by the applicant within the town during the last preceding year. (13) If the applicant is a charitable corporation, evidence and documentation of the applicant’s current status as a charitable association or other organization to which contributions are tax deductible for federal income tax purposes. (b) The permitting department shall require the applicant to provide documentation from the state department of public safety that the applicant has not been convicted within the five (5) years preceding the date of the application of murder, burglary, fraud, theft, robbery, rape, or any drug-related felony, or is a registered sex offender. (2006 Code, ch. 10, sec. 4.03(C); Ordinance adopting Code. See end of this division for full history for this division.) Sec. 4.03.074 Issuance of permit; duration; renewal (a) Issuance of permit. Upon receipt of a fully completed application, the permitting department shall issue a permit unless it is determined that: (1) One or more of the statements made in the application are not true; (2) The applicant or person in charge of the charitable solicitations campaign has made or caused to be made false statements or misrepresentations to any member of the public with regard to the charitable solicitations campaign or other activities described in the permit, or has made or caused to be made false statements or misrepresentations in the application, or has in any way publicly represented that the permit granted hereunder is an endorsement or recommendation of the cause for which the charitable solicitations campaign is being conducted or has otherwise violated any of the terms of the permit or this article; or (3) The applicant has been convicted within the five (5) years preceding the date of the application of murder, burglary, fraud, robbery, theft, rape, or any drug-related felony or is a registered sex offender. (b) Duration of permit; renewal. A permit requested under this section shall be issued for the length of time requested, not to exceed twelve (12) months. Upon expiration of one permit, the solicitor may apply for a new permit in the same manner prescribed by this section for a new permit. (2006 Code, ch. 10, sec. 4.03(D). See end of this division for full history for this division.) Sec. 4.03.075 Appeals Should an applicant be denied a permit, or have a permit revoked, he may appeal that action to the town manager or designee by submitting a letter to the town secretary’s office within ten (10) days of the effective date of the denial or revocation action. The town manager or designee shall render a decision within fifteen (15) days of receipt of the notice of appeal. The applicant may appeal the decision of the town manager by submitting a letter to the town secretary’s office within ten (10) days of the effective date of the denial or revocation action requesting an appeal to Town Council Page 650 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-27 the town council. A hearing on the denial or revocation shall then be scheduled for the next regular meeting of the town council for which all legal requirements can be met. The town council shall render a decision on the appeal within fifteen (15) days of the hearing. (2006 Code, ch. 10, sec. 4.03(E); Ordinance adopting Code. See end of this division for full history for this division.) Sec. 4.03.076 Responsibility of permittee for acts of persons soliciting The applicant for a permit for a charitable solicitations campaign shall be liable for the acts of persons soliciting pursuant to his permit in connection with such campaign. (2006 Code, ch. 10, sec. 4.03(F). See end of this division for full history for this division.) Sec. 4.03.077 Prohibited methods of solicitation (a) It shall be unlawful for any person to engage in charitable solicitations in the right-of-way or upon the paved portion or the median of any major thoroughfare listed in section 4.03.039(d). (b) Notwithstanding the foregoing, a charitable solicitations campaign that provides documentation that one hundred percent (100%) of the proceeds collected will be provided to the organization for which the solicitations are being made may solicit in the areas defined by section 4.03.039(d) as major thoroughfares under the following conditions: (1) The charitable solicitations campaign is only allowed to solicit between the hours of 9:00 a.m. and 4:00 p.m. Monday through Friday and between the hours of 7:00 a.m. and 5:00 p.m. on Saturdays; and (2) The police chief or his designee shall have the authority to order the suspension or cessation of the activities of one or more persons acting pursuant to such permit if, in the discretion of the police chief or his designee, such activities present a safety hazard to the general public or to the individual(s) soliciting. (c) It shall be unlawful for any person to stop or attempt to stop any vehicle which is located upon the paved surface or shoulder of any public road, street or highway for the purpose of soliciting a charitable contribution. (d) It shall be unlawful for any person to obstruct a public sidewalk while engaged in charitable solicitation. (2006 Code, ch. 10, sec. 4.03(G). See end of this division for full history for this division.) (Ordinance 86-12, sec. IV, adopted 4/14/86; Ordinance 92-22, sec. IV, adopted 12/15/92; 2006 Code, ch. 10, sec. 4.03; Ordinance 2008-21, sec. II, adopted 8/18/08) State law references–Solicitation by pedestrian, V.T.C.A., Transportation Code, sec. 552.007; local authorization for solicitation by pedestrian, V.T.C.A., Transportation Code, sec. 552.0071. Secs. 4.03.078–4.03.100 Reserved Town Council Page 651 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-28 Division 4. Religious Solicitation Sec. 4.03.101 Registration required (a) A person sponsoring or otherwise conducting a religious solicitations campaign shall register with the town as required by this division. (b) It shall be unlawful for any person to conduct or sponsor any religious solicitations campaign in any office building or any public property or private place, or by house-to-house canvass, unless such person shall first have registered with the permitting department in accordance with this division. (c) It shall be an affirmative defense to prosecution under this section if a person conducting a religious solicitation obtains a charitable solicitation permit in compliance with division 3 of this article or a commercial solicitation permit in compliance with division 2 of this article. (2006 Code, ch. 10, sec. 4.04(A). See end of this division for full history for this division.) Sec. 4.03.102 Registration information; duration (a) A religious solicitor required to register hereunder shall first register in person with the permitting department and shall provide the following information: (1) Name of the registrant and his permanent address; (2) Name of the person the registrant represents and the telephone number and address of its principal office; (3) Duration and location of the proposed solicitation; (4) Method or methods to be used in conducting the solicitations; and (5) Approximate number of participants who will be engaging in religious solicitations within the town. (b) Registration expires after one year and must be renewed annually. If a change occurs in any of the information submitted with the registration, the registrant or organization shall notify the permitting department of the change as soon as possible. (2006 Code, ch. 10, sec. 4.04(B). See end of this division for full history for this division.) Sec. 4.03.103 Proof of registration (a) Any person who engages in solicitations for a religious purpose, or has obtained a permit to solicit in compliance with division 2 of this article (commercial solicitation) or division 3 of this article (charitable solicitation) and who is soliciting for a religious purpose, by house-to-house canvass, on public property or private property, or in any other public place open to the general public, shall carry a copy of the registration as proof that the religious solicitations campaign for which such person is soliciting has been properly registered with the town. Town Council Page 652 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-29 (b) The proof of registration required by subsection (a) above shall: (1) Be a card or other documentation issued by the permitting department to the person sponsoring or otherwise conducting the religious solicitations campaign; (2) Identify the name, address, date of birth, sex, hair and eye color of the person sponsoring the religious solicitations campaign and registered with the permitting department; and (3) Contain the statement “Religious Solicitations” or “Religious Solicitor” and the specific period of time during which the solicitor is authorized to solicit on behalf of the registered person. (c) No person shall engage in religious solicitations under this article without having in his possession a registration card or other documentation evidencing that the religious solicitations campaign has been registered with the town. The proof of registration shall be shown, upon request, to all persons solicited and to any peace officer of the town. (2006 Code, ch. 10, sec. 4.04(C); Ordinance adopting Code. See end of this division for full history for this division.) Sec. 4.03.104 Prohibited methods of solicitation The following methods of religious solicitation are and shall be prohibited within the town: (1) Except as expressly provided herein, it shall be unlawful for any person to solicit in the right-of-way or upon the paved portion or the median of any major thoroughfare set forth in section 4.03.039(d). (2) It shall be unlawful for any person to obstruct any public sidewalk within the town when soliciting. (3) It shall be unlawful for any person to solicit during prohibited hours as set forth in this article. (2006 Code, ch. 10, sec. 4.04(D). See end of this division for full history for this division.) (Ordinance 86-12, sec. V, adopted 4/14/86; Ordinance 92-22, sec. V, adopted 12/15/92; 2006 Code, ch. 10, sec. 4.04; Ordinance 2008-21, sec. II, adopted 8/18/08) Town Council Page 653 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-30 ARTICLE 4.04 SEXUALLY ORIENTED BUSINESSES* Division 1. Generally Sec. 4.04.001 Purpose and intent It is the purpose of this article to regulate sexually oriented businesses to promote the health, safety, and general welfare of the citizens of the town, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the town. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. (Ordinance 1998-07, sec. I, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.01) Sec. 4.04.002 Definitions Unless otherwise provided for herein, the following terms shall have the respective meanings ascribed to them: Adult arcade. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas.” Adult bookstore or adult video store. A commercial establishment which as one of its principal business purposes openly advertises or displays or offers for sale or rental for any form of consideration any one or more of the following: (1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations, which depict or describe “specified sexual activities” or “specified anatomical areas”; or (2) Instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities.” Adult cabaret. A nightclub, bar, restaurant, or similar commercial establishment which regularly features: (1) Persons who appear in a state of nudity or semi-nudity; * State law references–Authority of municipality to regulate sexually oriented businesses, V.T.C.A., Local Government Code, ch. 243; employment harmful to children, V.T.C.A., Penal Code, sec. 43.251; sexual offenders as owners, operators, managers or employees of sexually oriented businesses, V.T.C.A., Business and Commerce Code, ch. 102. Town Council Page 654 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-31 (2) Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or (3) Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified anatomical areas” or by “specified sexual activities.” Adult motel. A hotel, motel or similar commercial establishment which: (1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; and has a sign visible from the public right-of-way which advertises the availability of this type of photographic reproductions; (2) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or (3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours. Adult motion picture theater. A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.” Adult theater. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity or live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.” Commission. The planning and zoning commission of the town. Escort. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or privately perform a striptease for another person. Escort agency. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration. Establishment. Any of the following: (1) The opening or commencement of any sexually oriented business as a new business; (2) The conversion of an existing business, whether or not a sexually oriented business, to a sexually oriented business; (3) The addition of any sexually oriented business to any other existing sexually oriented business; or (4) The relocation of any sexually oriented business. Town Council Page 655 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-32 Licensee. A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license. Nude model studio. Any place where a person who appears in a state of nudity or semi-nudity or displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any other form of consideration. Nudity or a state of nudity. The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast. Person. An individual, proprietorship, trust, partnership, corporation, association, or other legal entity. Principal business. An establishment having a twenty percent (20%) or greater interest of its stock and trade in books, magazines and other periodicals which said books, magazines and other periodicals are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” or a twenty percent (20%) or greater interest in other sexually related activities as defined by this article. School. Any public or private nursery, preschool, day care center, learning center, or elementary or secondary school. Semi-nude. A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices. Sexual encounter center. A business or commercial enterprise that regularly offers for any form of consideration: (1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or (2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude. Sexually oriented business. An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center. Specified anatomical areas. Human genitals in a state of sexual arousal. Specified sexual activities. Any of the following: (1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; (2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; Town Council Page 656 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-33 (3) Masturbation, actual or simulated; or (4) Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) above. Substantial enlargement of a sexually oriented business. The increase in floor area occupied by the business by more than twenty percent (20%), as the floor area exists on the effective date of this article. Transfer of ownership or control of a sexually oriented business. Any of the following: (1) The sale, lease or sublease of the business; (2) The transfer of securities or other ownership interest which constitute a direct, indirect, legal, equitable or beneficial controlling interest in the business, whether by sale, exchange, or similar means; or (3) The establishment of a trust, gift or other similar legal device which transfers the direct, indirect, legal, equitable or beneficial ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control to a person meeting all the requirements of section 4.04.032 of this article, who shall have notified the commission of the transfer and furnished all of the information required to be submitted in an application for a license, within sixty (60) days of the transfer. (Ordinance 1998-07, sec. II, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.02; Ordinance adopting Code) Sec. 4.04.003 Classifications Sexually oriented business is defined and classified as any commercial establishment operating in the town, in whole or in part, as any one or more of the following: (1) Adult arcade; (2) Adult bookstore or adult store; (3) Adult cabaret; (4) Adult motel; (5) Adult motion picture theater; (6) Adult theater; (7) Escort agency; (8) Nude model studio; and/or Town Council Page 657 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-34 (9) Sexual encounter center. (Ordinance 1998-07, sec. III, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.03) Sec. 4.04.004 Enforcement; penalties; defenses (a) Except as provided by subsection (b), any violation of section 4.04.061 of this article, upon conviction, is punishable by a fine not to exceed two thousand dollars ($2,000.00) for each offense, and a separate offense shall be deemed committed upon each day during on or which a violation occurs. (b) If the sexually oriented business involved is a nude model studio or sexual encounter center, then violation of section 4.04.031(a) or 4.04.061 of this article is punishable as a class B misdemeanor. (c) Except as provided by subsection (b), violation of any provision of this article other than section 4.04.061, upon conviction, is punishable by a fine not to exceed five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs. (1) By a proprietary school licensed by the state, or a college, junior college, or university supported entirely or partly by taxation; (2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or (3) In a structure: (A) Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; (B) Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and (C) Where no more than one (1) nude or semi-nude model is on the premises at any one time. (d) It is a defense to prosecution under section 4.04.031(a) or 4.04.061 of this article that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value. (Ordinance 1998-07, sec. XXI, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.21) Sec. 4.04.005 Injunctive relief A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of section 4.04.061 of this article is subject to a suit for injunction as well as prosecution for criminal violations. (Ordinance 1998-07, sec. XXII, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.22) Town Council Page 658 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-35 Sec. 4.04.006 Amendments Sections 4.04.061 and 4.04.062 of this article may be amended only after compliance with the procedure required to amend a zoning ordinance. Other sections of this article may be amended by vote of the town council. (Ordinance 1998-07, sec. XXII, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.23) Secs. 4.04.007–4.04.030 Reserved Division 2. License Sec. 4.04.031 Required; application (a) License required. A person commits an offense if the person operates a sexually oriented business without a valid license issued by the town for the particular type of business. (b) Application information. (1) An application for a license must be made on a form provided by the commission. The application form shall be sworn to and shall include: (A) The name and address of the applicant; (B) State whether or not the applicant meets each of the requirements set forth in section 4.04.032 of this article; (C) The name and address of each person required to sign the application pursuant to subsection (d) of this section, and the name, address and type of entity (if applicable) of each person or entity owned or controlled by such person which owns or controls an interest in the business to be licensed; and (D) Such other matters, consistent with this article, as may be specified in the application form. (2) The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. Applicants who must comply with section 4.04.095 of this article shall submit a diagram meeting the requirements of section 4.04.095. (c) Requirements. The applicant must be qualified according to the provisions of this article and the premises must be inspected and found to be in compliance with the law by the fire department and building official. (d) Signing of application. If a person who wishes to operate a sexually oriented business is an individual, the person must sign an application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who directly or indirectly, through one or more intermediaries, owns or controls a ten percent (10%) or greater interest in the business must sign and submit, as an applicant, a separate application containing all Town Council Page 659 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-36 applicable information required by subsection (b) of this section. Each applicant must be qualified under section 4.04.032 and each applicant shall be considered a licensee if a license is granted. (Ordinance 1998-07, sec. IV, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.04) Sec. 4.04.032 Issuance (a) The commission shall approve the issuance of and shall issue a license to an applicant or the transfer by an applicant of all or any part of the applicant’s ownership or control of a sexually oriented business within thirty (30) days after receipt of an application unless the commission finds one or more of the following to be true: (1) An applicant is under eighteen (18) years of age. (2) An applicant or an applicant’s spouse is overdue in their payment to the town of taxes, fees, fines, or penalties assessed against them or imposed upon them in relation to a sexually oriented business. (3) An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form. (4) An applicant or an applicant’s spouse has been convicted of a violation of a provision of this article, other than the offense of operating a sexually oriented business without a license, within two (2) years immediately preceding the application. The fact that a conviction is being appealed shall have no effect. (5) An applicant is residing with a person who has been denied a license by the town to operate a sexually oriented business within the preceding twelve (12) months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months. (6) The premises to be used for the sexually oriented business are not in compliance with applicable zoning laws or have not been approved by the fire department and the building official as being in compliance with applicable laws and codes. (7) The license fee required by this article has not been paid. (8) An applicant or the proposed establishment is in violation of or is not in compliance with section 4.04.034, 4.04.061, 4.04.091, 4.04.092, 4.04.093, 4.04.094, or 4.04.096 of this article. (9) An applicant or an applicant’s spouse has been convicted of a crime: (A) Involving: (i) Any of the following offenses as described in chapter 43 of the Texas Penal Code: a. Prostitution; Town Council Page 660 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-37 b. Promotion of prostitution; c. Aggravated promotion of prostitution; d. Compelling prostitution; e. Obscenity; f. Sale, distribution, or display of harmful material to minor; g. Sexual performance by a child; h. Possession of child pornography; (ii) Any of the following offenses as described in chapter 21 of the Texas Penal Code: a. Public lewdness; b. Indecent exposure; c. Indecency with a child; (iii) Sexual assault or aggravated sexual assault as described in chapter 22 of the Texas Penal Code; (iv) Incest, solicitation of a child, or harboring a runaway child as described in chapter 25 of the Texas Penal Code; (v) Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses; (B) For which: (i) Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; (ii) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or (iii) Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within any twenty-four (24) month period. (b) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant’s spouse. Town Council Page 661 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-38 (c) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. (Ordinance 1998-07, sec. V, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.05) Sec. 4.04.033 Fee The annual fee for a sexually oriented business license is in the amount established by the fee schedule in appendix A to this code. (Ordinance 1998-07, sec. VI, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.06; Ordinance adopting Code) Sec. 4.04.034 Inspections (a) At any time it is occupied or open for business, an applicant or licensee shall permit representatives of the police department, fire department, and building inspection division to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law. (b) A person who operates a sexually oriented business, or whose agent or employee operates the same, commits an offense if the person or person’s agent or employee refuses to permit a lawful inspection of the premises by a representative of the above-described departments at any time it is occupied or open for business. (Ordinance 1998-07, sec. VII, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.07) Sec. 4.04.035 Expiration (a) Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in section 4.04.031 of this article. Application for renewal should be made at least thirty (30) days before the expiration date, and, when made less than thirty (30) days before the expiration date, the expiration of the license will not be affected. (b) When the commission denies renewal of a license, the applicant shall not be issued a license for one (1) year from the date of denial. If, subsequent to denial, the commission finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date denial became final. (Ordinance 1998-07, sec. VIII, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.08) Sec. 4.04.036 Suspension The commission shall suspend a license for a period not to exceed thirty (30) days if the commission determines that a licensee or an agent or employee of a licensee has: (1) Violated or is not in compliance with section 4.04.034, 4.04.039, 4.04.061, 4.04.091, 4.04.092, 4.04.093, 4.04.094, 4.04.095, or 4.04.096 of this article; (2) Engaged in the use of alcoholic beverages while on the sexually oriented business premises (unless such use is otherwise permitted by law); Town Council Page 662 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-39 (3) Refused to allow an inspection of the sexually oriented business premises as authorized by this article; (4) Knowingly permitted gambling by any person on the sexually oriented business premises; (5) Demonstrated inability to operate or manage a sexually oriented business in a peaceful and law-abiding manner thus necessitating action by law enforcement officers. (Ordinance 1998-07, sec. IX, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.09) Sec. 4.04.037 Revocation (a) The commission shall revoke a license if a cause of suspension in section 4.04.036 of this article occurs and the license has been suspended within the preceding twelve (12) months. (b) The commission shall revoke a license if the commission determines that: (1) A licensee gave false or misleading information in the material submitted to the commission during the application process; (2) A licensee or an agent or employee has knowingly allowed possession, use, or sale of controlled substances on the premises; (3) A licensee or an agent or employee has knowingly allowed prostitution on the premises; (4) A licensee or an agent or employee knowingly operated the sexually oriented business during a period of time when the licensee’s license was suspended; (5) A licensee has been convicted of an offense listed in section 4.04.032(a)(9)(A) hereof for which the time period required in section 4.04.032(a)(9)(B) hereof has not elapsed; (6) On two (2) or more occasions within a twelve (12) month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in section 4.04.032(a)(9)(A) hereof, for which a conviction has been obtained, and the person or persons were agents or employees of the sexually oriented business at the time the offenses were committed; (7) A licensee or an agent or employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the licensed premises. The term “sexual contact” shall have the same meaning as it is defined in section 21.01 of the Texas Penal Code; or (8) A licensee is delinquent in payment to the town for hotel occupancy taxes, ad valorem taxes, or sales taxes related to the sexually oriented business. Town Council Page 663 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-40 (c) The fact that a conviction is being appealed shall have no effect on the revocation of the license. (d) Subsection (b)(7) hereof does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view. (e) When the commission revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a sexually oriented business license for one (1) year from the date revocation became effective. If, subsequent to revocation, the commission finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. If the license was revoked under subsection (b)(5) of this section, an applicant may not be granted another license until the appropriate number of years required under section 4.04.032(a)(9)(B) hereof has elapsed since the termination of any sentence, parole, or probation. (Ordinance 1998-07, sec. X, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.10) Sec. 4.04.038 Appeals If the commission denies the issuance of a license, or suspends or revokes a license, the commission shall send to the applicant or licensee, by certified mail, return receipt requested, written notice of the action and the right to an appeal. The aggrieved party may appeal the decision of the commission to the town council. The filing of an appeal stays the action of the commission in suspending or revoking a license until the town council makes a final decision. If within a ten (10) day period the commission suspends, revokes or denies issuance of any license for any other sexually oriented business at the same location, then the commission may consolidate the request for appeals of those actions into one (1) appeal. (Ordinance 1998-07, sec. XI, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.11) Sec. 4.04.039 Transfer A licensee, including any applicant for a license, shall not transfer his/her license or all or any part of his/her ownership or control of a sexually oriented business to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application. (Ordinance 1998-07, sec. XII, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.12) Secs. 4.04.040–4.04.060 Reserved Division 3. Location Sec. 4.04.061 Restrictions (a) A person commits an offense if the person operates or causes to be operated a sexually oriented business within one thousand feet (1,000') of: (1) A church; (2) A school; Town Council Page 664 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-41 (3) A boundary of a residential district or a NS Neighborhood Service district as defined by the comprehensive zoning ordinance of the town; (4) A public park; (5) The property line of a lot devoted to residential use; or (6) Any county, state or federally owned or controlled land used for public recreation. (b) A person commits an offense if said person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business located within one thousand feet (1,000') of another sexually oriented business. (c) A person commits an offense if said person causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business. (d) For the purposes of subsection (a) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or school, or to the nearest boundary of an affected public park, residential district, or residential lot. (e) For purposes of subsection (b) of this section, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. (f) Any sexually oriented business lawfully operating on the effective date of this article that is in violation of subsection (a), (b), or (c) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed six (6) months, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming use shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within one thousand feet (1,000') of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming. (g) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, school, public park, residential district, or residential lot within one thousand feet (1000') of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked. (Ordinance 1998-07, sec. XIII, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.13) Sec. 4.04.062 Exemption from location restrictions (a) If the commission denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of section 4.04.061 of this article, then Town Council Page 665 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-42 the applicant may, not later than ten (10) calendar days after receiving notice of the denial, file with the town secretary a written request for an exemption from the locational restrictions of section 4.04.061. (b) If the written request is filed with the town secretary within the ten (10) day limit, then the town council shall consider the request. The town secretary shall set a date for the hearing within sixty (60) days from the date the written request is received. (c) A hearing by the town council may proceed if a quorum is present. The town council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply. (d) The town council may, in its discretion, grant an exemption from the locational restrictions of section 4.04.061 of this article if it makes the following findings: (1) That the location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare; (2) That the granting of the exemption will not violate the spirit and intent of this article; (3) That the location of the proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight; (4) That the location of an additional sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration; and (5) That all other applicable provisions of this article will be observed. (e) The town council shall grant or deny the exemption by a majority vote. Failure to reach a majority vote shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the permit and license appeal by the town council is final. (f) If the town council grants the exemption, the exemption is valid for one (1) year from the date of the town council’s action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of section 4.04.061 until the applicant applies for and receives another exemption. (g) If the town council denies the exemption, the applicant may not reapply for an exemption until at least twelve (12) months have elapsed since the date of the town council’s action. (h) The grant of an exemption does not exempt the applicant from any other provisions of this article other than the locational restrictions of section 4.04.061. (Ordinance 1998-07, sec. XIV, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.14) Secs. 4.04.063–4.04.090 Reserved Town Council Page 666 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-43 Division 4. Operational Regulations Sec. 4.04.091 Additional regulations for nude escort agencies (a) An escort agency shall not employ any person under the age of eighteen (18) years. (b) A person commits an offense if said person acts as an escort or agrees to act as an escort for any person under the age of eighteen (18) years. (Ordinance 1998-07, sec. XV, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.15) Sec. 4.04.092 Additional regulations for nude model studios (a) A nude model studio shall not employ any person under the age of eighteen (18) years. (b) A person under the age of eighteen (18) years commits an offense if said person appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under the age of eighteen (18) years was in a restroom not open to public view or persons of the opposite sex. (c) A person commits an offense if said person appears in a state of nudity or knowingly allows another person to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way. (d) A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public. (Ordinance 1998-07, sec. XVI, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.16) Sec. 4.04.093 Additional regulations for adult theaters and adult motion picture theaters (a) A person commits an offense if said person knowingly allows a person under the age of eighteen (18) years to appear in a state of nudity or semi-nudity in or on the premises of an adult theater or adult motion picture theater. (b) A person under the age of eighteen (18) years commits an offense if said person knowingly appears in a state of nudity or semi-nudity in or on the premises of an adult theater or adult motion picture theater. (c) It is a defense to prosecution under subsections (a) and (b) of this section if the person under eighteen (18) years was in a restroom not open to public view or persons of the opposite sex. (Ordinance 1998-07, sec. XVII, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.17) Sec. 4.04.094 Additional regulations for adult models (a) Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this article. Town Council Page 667 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-44 (b) A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license, said person rents or subrents a sleeping room to a person and, within ten (10) hours from the time the room is rented, said person rents or subrents the same sleeping room again. (c) For purposes of subsection (b) of this section, the term “rent” or “subrent” means the act of permitting a room to be occupied for any form of consideration. (Ordinance 1998-07, sec. XVIII, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.18) Sec. 4.04.095 Exhibition of sexually explicit films or videos (a) A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises, in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, videocassette, or other video reproduction which depicts specified sexual activities or specific anatomical areas, shall comply with the following requirements: (1) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager’s stations, the location of all overhead lighting fixtures and switches, which lights are controlled by which switches, and designating any portion of the premises in which patrons will not be permitted. Only agents or employees shall have access to light switches. A manager’s station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches (6"). The commission may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. (2) The application shall be sworn to be true and correct by the applicant. (3) No alteration in the configuration or location of a manager’s station may be made without the prior approval of the commission. (4) It is the duty of the owners and operator of the premises to ensure that at least one (1) agent or employee is on duty and situated in each manager’s station at all times that any patron is present inside the premises. (5) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises have two (2) or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to Town Council Page 668 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-45 which any patron is permitted access for any purpose from at least one (1) of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station. (6) It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present in the premises, to ensure that: (A) The view area specified in subsection (a)(5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises; and (B) No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (a)(1) of this section. (7) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1.0) footcandle as measured at the floor level. (8) It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times when any patron is present in the premises. (b) A person having a duty under subsections (a)(1) through (8) above commits an offense if said person knowingly fails to fulfill that duty. (Ordinance 1998-07, sec. XIX, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.19) Sec. 4.04.096 Display of sexually explicit material to minors (a) A person commits an offense if, in a business establishment open to persons under the age of seventeen (17) years, he displays a book, pamphlet, newspaper, magazine, film, or videocassette, the cover of which depicts, in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain, any of the following: (1) Human sexual intercourse, masturbation, or sodomy; (2) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts; (3) Less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of the areola; or (4) Human male genitals in a discernible turgid state, whether covered or uncovered. (b) In this section, “display” means to locate an item in such a manner that, without obtaining assistance from an agent or employee of the business establishment: (1) It is available to the general public for handling and inspection; or Town Council Page 669 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-46 (2) The cover, outside packaging, or contents of the item are visible to members of the general public. (Ordinance 1998-07, sec. XX, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.20) ARTICLE 4.05 GRAVEL PITS AND MINING OPERATIONS* Sec. 4.05.001 Penalty It shall be unlawful for any person to violate any provision of this article, and any person violating any provision of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in an amount not to exceed two hundred dollars ($200.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. (Ordinance 1985-25, sec. II, adopted 10/14/85; 2006 Code, ch. 5, sec. 3.03) Sec. 4.05.002 Zoning regulations; permit Gravel pits and mining operations existing on the effective date of this article are hereby classified as a business and may continue to operate only upon receipt of a business zoning classification that includes and encompasses as a principal uses gravel pits and mining operations. Prior to the passage of a comprehensive zoning ordinance, no owner or operator shall operate a gravel pit or mining operation, including any drilling for minerals, without either a special zoning permit or a special limited time permit issued by the town council. The town council shall establish reasonable and appropriate zoning and permit fees. (Ordinance 1985-25, sec. I, adopted 10/14/85; 2006 Code, ch. 5, sec. 3.01) Sec. 4.05.003 Reclamation and restoration of land All open gravel pits and mining operations left by excavation of gravel or other minerals shall be filled and the land reclaimed within ninety (90) days after the excavations have ceased. The reclamation shall restore the land, generally, to the condition and topography it had prior to the excavation. (Ordinance 1985-25, sec. II, adopted 10/14/85; 2006 Code, ch. 5, sec. 3.02) ARTICLE 4.06 FOOD ESTABLISHMENTS† Division 1. Generally Sec. 4.06.001 Adoption of state rules The town adopts by reference the provisions of the current rules or rules as amended by the department of state health services, food establishments group, Texas Food Establishment Rules, * State law references–Subsurface excavations, V.T.C.A., Water Code, sec. 31.001 et seq.; municipal regulation of exploration and development of mineral interests, V.T.C.A., Natural Resources Code, sec. 92.007. † State law references–Regulation of food products, generally, V.T.C.A., Health and Safety Code, chs. 433–438; regulation of food service establishments, retail food stores, mobile food units, and roadside food vendors, V.T.C.A., Health and Safety Code, sec. 437.001 et seq. Town Council Page 670 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-47 25 Texas Administrative Code sections 229.161–229.171 and 229.173–229.175, as amended. A certified copy of the rules shall be filed and maintained in the office of the town secretary, and the same are hereby adopted and incorporated herein as if the same were copied in their entirety, and the provisions thereof shall be controlling within the town. (Ordinance 2006-01, sec. II, adopted 1/9/06; 2006 Code, ch. 6, sec. 2.01) Sec. 4.06.002 Definitions The following words and terms, when used in this article, shall have the following meanings, unless the context clearly indicates otherwise: Commissary. A catering establishment, restaurant or any other place in which food, food containers, or food supplies are kept, handled, prepared, packaged or stored. Commissary shall not mean a residential kitchen, but constitutes a commercial food service operation that is operated and maintained pursuant to state rules and regulations. Critical violations. Critical items as defined on the food service establishment inspection report distributed by the department of state health services with a demerit weight of four (4) or five (5) and requiring immediate attention. Director of community development or director. The director of community development of the town or the director’s designated official. Extensive remodeling. When 20% or greater area of a food establishment is being remodeled, which necessities a permit being obtained prior to performing any remodeling. Follow-up inspection. Any inspection, other than a routine inspection or full follow-up reinspection, conducted of a permitted food establishment, after notice has been given to the establishment to correct a violation, to document that the violation has been corrected. Food. Raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption. Food-borne illness. Diseases, usually either infectious or toxic in nature, caused by agents that enter the body through the ingestion of food. Food establishment. A restaurant, cafe, hotel dining room, grocery store, meat market, soft drink stand, hamburger stand, ice cream wagon, day care center, or any place where food or drink for human consumption is offered for sale, given in exchange or given away. It includes temporary food establishments and mobile units. The term does not include the following operations and establishments, provided that the operations do not expose the public to a substantial and imminent health hazard as determined by the town health officer: (1) An organization that serves only its own membership and immediate guests or other structured groups of persons who gather occasionally for fellowship and society that provides the food from amongst their membership; (2) An establishment which handles only fresh unprocessed fruits, nuts and vegetables and which operates from a unit that is mobile in nature; and Town Council Page 671 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-48 (3) The sale, distribution or service of food at an event, party or other special gathering that is not open to persons other than the members or invited guests of the sponsor, provided that there is no public advertisement of the event, public solicitation of funds at or for the event, or participation by the general public in the event. Food establishment permit or permit. The permit issued to a food establishment to operate within the town. Food protection manager. A person who has shown proficiency of required information through passing a test that is part of a food protection management program accredited by the department of state health services, according to 25 TAC section 229.172, and has responded correctly to questions as they relate to specific food operations. Full follow-up reinspection. A complete inspection of a permitted food establishment which is required to be conducted within seventy-two (72) hours of a full routine inspection which resulted in a rating where the cumulative demerit value of the establishment exceeded 30 demerits, to ensure that all noted violations have been corrected. Law. Federal, state and local statutes, ordinances and regulations. Mobile unit. A vehicle-mounted food establishment or a food establishment pulled behind a vehicle so as to be readily moveable. Nonprofit organization. A civic or fraternal organization, charity, lodge, association, proprietorship, or corporation possessing an Internal Revenue Code section 501(c)(3) exemption, or religious organizations meeting the definition of “church” under Internal Revenue Code section 170b.1.a.(I). Packaged. Bottled, canned, cartoned or securely wrapped. Person. Any individual, partnership, corporation, association or other legal entity. Person in charge. The person present in a food establishment who is the apparent supervisor of the food establishment at the time of inspection. If no person is the apparent supervisor, then any employee present is the person in charge. Potentially hazardous food. Food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms; the growth and toxin production of Clostridium botulinum; or, in raw shell eggs, the growth of Salmonella enteritidis. Regulatory authority. The state and/or the town. Routine inspection. An unannounced inspection conducted of a permitted food establishment to determine the compliance of the establishment with the provisions of this article. Rules. The department of health state health services, food establishment group, Texas Food Establishment Rules, 25 Texas Administrative Code sections 229.161–229.171 and 229.173– 229.175, as amended. Town Council Page 672 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-49 Snow cone. A snow cone and/or a snow cone type product defined as crushed or shaved ice served in a single-use container and topped with flavored syrups. Supervisory personnel. The certificate holder, individual having supervisory or management duties and any other person working in a food establishment who may be in charge of its operation. Temporary food establishment. A food establishment that operates at a fixed location for a period of time of not more than fourteen (14) consecutive days in conjunction with a single event or celebration. Town health officer. The person(s) employed by or with whom the town has a contract to provide inspection and other services necessary for the administration and enforcement of the rules and codes regulating food establishments and the service and sale of food within the town. (Ordinance 2002-24, secs. II, III, adopted 6/3/02; Ordinance 2006-01, sec. III, adopted 1/9/06; 2006 Code, ch. 6, sec. 2.02) Sec. 4.06.003 Penalty; injunctive relief (a) Any person violating any of the provisions of this article shall be deemed guilty of a class C misdemeanor upon conviction and shall be fined, except as otherwise provided herein, in a sum not to exceed two thousand dollars ($2,000.00) for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. (b) If the governing body of the town determines that a violation of this article creates a threat to the public safety, the town may bring suit in the district court to enjoin such violation as allowed by law. (Ordinance 2006-01, sec. XVIII, adopted 1/9/06; 2006 Code, ch. 6, sec. 2.14) Sec. 4.06.004 Enforcement The director of community development is responsible for the enforcement of the rules and the provisions of this article. (Ordinance 2006-01, sec. IV, adopted 1/9/06; 2006 Code, ch. 6, sec. 2.03) Sec. 4.06.005 Inspections (a) Frequency. An inspection of a food establishment shall be performed at least once every six (6) months. Additional inspections of the food establishment shall be performed as often as necessary for the enforcement of the rules, this article and other applicable law. (b) Fee. An inspection fee shall be charged in accordance with the fee schedule in appendix A of this code. (c) Right of entry. As a condition of the food establishment permit, an employee or agent of the town, after presenting proper identification, shall be permitted to enter any permitted food establishment at any reasonable time, for the purpose of making inspections to determine compliance with the provisions of this article. The agent shall be permitted to examine the records Town Council Page 673 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-50 of the establishment to obtain information pertaining to food and supplies purchased, received, or used, or to persons employed. (d) Findings. Whenever an inspection of a food establishment or commissary is made, the town health officer shall record the findings on an inspection report form. The inspection report form shall summarize the requirements of the rules and of this article and shall set forth a weighted point value for each requirement. Inspectional remarks shall be written to reference, by section number, the section violated and shall state the correction to be made. The rating score of the establishment shall be the total of the weighted point values for all violations, subtracted from one hundred (100). A full follow-up inspection shall be conducted if the inspection of the establishment results in at least thirty (30) demerits. (e) Report. A copy of the inspection report form shall be furnished to the person in charge of the food establishment at the conclusion of the inspection. The completed inspection report form is public information that shall be made available for public disclosure to any person who requests it in accordance with applicable law. (f) Reinspection fee. (1) Follow-up inspection. If a follow-up inspection of a food establishment is required by the town to verify correction of a violation, a reinspection fee as specified in the fee schedule in appendix A of this code shall be paid to the town. This fee shall be submitted to the town within seventy-two (72) hours of the reinspection. (2) Multiple violations. If a routine inspection of a food establishment reveals serious, multiple violations in food safety or overall level of sanitation as identified in the inspection report, a full follow-up reinspection will be conducted of the establishment to verify correction of the existing condition. In this instance, a fee of 50% of the food establishment’s annual permit fee shall be submitted to the town along with a signed letter stating that each identified violation is corrected, and the method of correction, prior to the scheduled date of reinspection. (g) Failure to pay fees. Failure to pay the required reinspection fee(s) or to timely remedy all violations shall result in the immediate suspension of the establishment’s permit, and the establishment shall be ordered to cease operation immediately. The food establishment shall remain closed until the violation(s) are corrected, all required fees are paid, and a reinspection is conducted to verify that the violations are corrected. (h) Correction of violations. (1) Correction periods. The inspection report form shall specify a reasonable period of time for the correction of the violations found, and correction of the violations shall be accomplished within the period specified in accordance with the following provisions: (A) If an imminent health hazard exists such as complete lack of refrigeration or sewage backup into the food establishment, the establishment shall immediately cease food service operations. Operations shall not be resumed until all violations are corrected and operations are authorized by the town. Town Council Page 674 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-51 (B) All violations of four (4) or five (5) point weighted items shall be corrected as soon as possible, but in any event, within ten (10) days following inspection, the holder of the permit, license, or certificate shall submit a written report to the regulatory authority stating that four (4) or five (5) point violations have been corrected. A follow-up inspection shall be conducted to confirm correction. (C) All one (1) or two (2) point weighted items shall be corrected as soon as possible, but in any event by the time of the next routine inspection, but not later than ninety (90) calendar days after the initial inspection. (D) When the rating score of the establishment is less than sixty (60), the establishment shall initiate corrective action on all identified violations within forty-eight (48) hours. One or more reinspections will be conducted at reasonable time intervals to assure correction. (2) Notice. The inspection report shall state that failure to comply with any time limits specified for corrections may result in suspension or the cessation of food service operations. An opportunity for appeal from the inspection findings and time limitations will be provided if a written request for a hearing is filed with the director within ten (10) days following suspension. If a request for a hearing is received, the director shall hold a hearing within twenty (20) days of receipt of the request. (3) Closure of establishment. Whenever a food establishment is required under the provisions of this section to cease operations, it shall not resume operations until such time as a reinspection determines that conditions responsible for the requirement to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time given the applicable deadlines for correcting violations. (Ordinance 2002-24, sec. X, adopted 6/3/02; Ordinance 2006-01, sec. IX, adopted 1/9/06; 2006 Code, ch. 6, sec. 2.08) Sec. 4.06.006 Examination and condemnation of food; procedure when disease is suspected (a) Hold order. The director may examine or sample food as often as necessary for enforcement of the rules, this article and any other applicable law. The director may, upon written notice to the owner or person in charge specifying with particularity the reasons therefor, place a hold order on any food which it believes is in violation of any provision of the rules, this article and any other applicable law. The director or other regulatory authority shall tag, label, or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served, or moved from the establishment. The director shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. (b) Hearing. The hold order shall state that a request for hearing may be filed within ten (10) days, and that if no hearing is requested the food shall be destroyed. The municipal court judge shall hold an administrative hearing if so requested, and, on the basis of evidence produced at that hearing, the hold order may be vacated, or the owner of person in charge of the food may be directed by written order to denature or destroy such food or to bring it into compliance with the provisions of this article. Town Council Page 675 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-52 (c) Procedure when disease is suspected. When the director has reasonable cause to suspect the possibility of disease transmission from any food establishment employee, he may secure morbidity history of the suspected employee or make any other investigation as may be indicated and shall take appropriate action. In this instance, the director may require any or all of the following measures: (1) The immediate exclusion of the employee from all food establishments; (2) The immediate closing of the food establishment concerned until, in the opinion of the director, no further danger of disease outbreak exists; (3) Restriction of the employee’s services to some area of the establishment where there would be no danger of transmitting the disease; and/or (4) Adequate medical and laboratory examination of the employee, of other employees and of his/her and their body discharges, at the food establishment’s expense. (Ordinance 2006-01, sec. X, adopted 1/9/06; 2006 Code, ch. 6, sec. 2.09) Sec. 4.06.007 Submission and review of plans (a) Required. A person commits an offense if the person: (1) Constructs a food establishment without submitting plans and specifications for such construction, remodeling, or conversion to the director for review and approval before construction begins; (2) Extensively remodels a food establishment without submitting plans and specifications for such remodeling to the director for review and approval before remodeling; or (3) Converts an existing structure to a food establishment without submitting properly prepared plans and specifications for the conversion to the director for review and approval before conversion begins. (b) Contents. The plans and specifications shall indicate the proposed layout of the facility, arrangement of all intended equipment, mechanical plans, types of construction materials and finish schedules for all areas, and the type and model of all proposed equipment to be installed. The director shall review and approve the plans and specifications to determine if they meet the requirements of this article. (c) Compliance with codes. No food establishment shall be constructed, extensively remodeled or converted except in accordance with plans and specifications approved by the director. Food facility owners/operators, as well as all general contractors and subcontractors, shall ensure during plan review, construction, and operation that their facilities comply with all applicable town plumbing, mechanical, electrical, building, zoning, and fire prevention and protection codes. (d) Issuance of building permit. A building permit to begin construction shall not be issued until the town has reviewed and approved the plans and specifications for the proposed construction. Town Council Page 676 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-53 (e) Approved materials. Only commercial-quality equipment, utensils, and materials that meet or exceed current accepted National Sanitation Foundation (NSF) standards, or their equivalent, will be approved for installation and use. (f) Inspections. The director shall conduct one or more inspections of the food establishment prior to the start of operations to determine compliance with the approved plans and specifications, the requirements of this section, this article and any other applicable law. (g) Closure of establishment. If, upon inspection at any time, the food establishment facility is found to not be constructed in accordance with approved plans, and/or any fixed equipment has been added or removed without prior approval by the town, the director shall order the establishment to cease operation immediately, and to replace or remove the equipment in question, before resuming operation. (h) Fee. A fee for plan review shall be assessed in accordance with the fee schedule set forth in the town’s schedule of fees. (Ordinance 2006-01, sec. XI, adopted 1/9/06; 2006 Code, ch. 6, sec. 2.10) Sec. 4.06.008 Food protection manager (a) Required. A person commits an offense if the person owns, manages or operates a food establishment and fails to employ at least one “person in charge” who is on-site during all hours of operation of that food establishment who is responsible for food preparation, presentation, sales, and service and who has a valid food protection manager registration issued by the state. (b) Additional managers. (1) The town may require additional certified food protection managers in sufficient number to insure that all areas of food preparation, presentation, sales and service during times of operation are under the direction of certified supervisory personnel. (2) A person commits an offense if the person owns, manages or operates a food establishment and permits said establishment to be operated with less than the required number of certified food protection managers. (c) Replacement. A person commits an offense if the person owns, manages or operates a food establishment and fails to: (1) Provide the town written notice within seven (7) days of the effective date of termination or permanent transfer of the certified food protection manager; (2) Employ another registered food protection manager within thirty (30) days of the effective date of termination or permanent transfer of the previous certified food protection manager. Town Council Page 677 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-54 (d) Additional training. The director may require a registered food protection manager to successfully complete additional training when: (1) The employing food establishment has repeated or persistent violations of health code requirements and effective corrective action has not been instituted over a period of time as instructed by the director; or (2) The employing food establishment has been implicated by the regulatory authority as the source of a food-borne illness. (e) Evidence of certification. (1) During those times a food protection manager is on duty at a food establishment, the food protection manager must possess evidence of current valid certification. (2) The food protection manager’s certificate shall be prominently posted in the permitted establishment. (3) A food protection manager certificate is not transferable. (f) Responsibilities. A food protection manager shall be responsible for adequate instruction of the employees of the food establishment for which the food protection manager works to ensure and maintain safe food handling practices within the establishment. (g) Exemptions. (1) The director may waive the requirements of this section for: (A) Food establishments that serve, sell, or distribute only prepackaged foods and/or open foods that are not potentially hazardous; and/or (B) Temporary food establishments, special facilities and/or events. (2) The director may require the manager of a food establishment exempted under subsection (1) to comply with the food protection manager’s certification requirements if critical food safety violations are observed or, in the judgment of the director, the nature of the operation requires such certification. (Ordinance 2006-01, sec. XII, adopted 1/9/06; 2006 Code, ch. 6, sec. 2.11) State law references–Certification of food managers, V.T.C.A., Health and Safety Code, sec. 438.101 et seq.; authority to require employment of certified food managers in certain establishments, V.T.C.A., Health and Safety Code, sec. 437.0076. Sec. 4.06.009 Mobile units (a) Permit required. (1) All mobile units originating from or serving food within the town must have a food establishment permit, which must be kept in the vehicle at all times. The permit must bear the name of the registered owner of the truck and truck license plate number. Town Council Page 678 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-55 (2) The permit is subject to revocation pursuant to section 4.06.044. If a permit is revoked, the permit holder has the right to appeal in accordance with the provisions of section 4.06.044 and other applicable provisions of this article. (b) Operational requirements. The permit holder for a mobile unit shall: (1) Protect food from contamination and keep the truck clean and free of rust and corrosion; (2) Identify the trucks using the same name that is on the permit; (3) Serve all condiments and spices, such as salt, pepper, sugar, catsup, mustard, mayonnaise, sauces, non-dairy creamer, etc., in single-serving containers. No bulk dispensers, bottles or cans shall be permitted; (4) Use all single-service tableware individually wrapped in plastic; (5) Dispose of sewage, wastewater and solid waste according to law; (6) Ensure that the wastewater tank outlet is lower than the inlet to the potable water supply; and (7) Provide the director a route plan upon request. (c) Violations. A person commits an offense if the person violates the provisions of this article, or interferes with the director in the exercise of his or her duties under this section. Notwithstanding any provisions contained herein to the contrary, the director is hereby granted the authority to issue immediate citations to persons violating any provision of this article in the director’s presence. (d) Responsible person. If the owner, manager, person in charge at the time of inspection, or other responsible party of a permitted food establishment is found to have violated any provisions of this section, a citation may be issued. (Ordinance 2006-01, sec. XIV, adopted 1/9/06; 2006 Code, ch. 6, sec. 2.13) Secs. 4.06.010–4.06.040 Reserved Division 2. Permit* Sec. 4.06.041 Required; transfer; exemptions (a) No person shall operate a food service establishment who does not have a valid permit issued to him by the regulatory authority. Only a person who complies with the requirements of these rules shall be entitled to receive or retain a permit. A valid permit shall be posted and visible to the public in every food service establishment. Permits are not transferable from one person to another or from one location to another except as otherwise permitted by this article. * State law reference–Authority to require permit for food service establishment, etc., V.T.C.A., Health and Safety Code, sec. 437.004. Town Council Page 679 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-56 (b) A food establishment operated solely by a nonprofit or public organization is exempt from the permitting requirements of this article, but is not exempt from compliance with state rules or inspections. The town may require any information necessary to determine whether an organization is nonprofit or public for purpose of this exemption. Additionally, the requirements of this article shall not apply to lemonade stands and similar operations run by children. (Ordinance 2002-24, sec. IV, adopted 6/3/02; Ordinance 2006-01, sec. V, adopted 1/9/06; 2006 Code, ch. 6, sec. 2.04; Ordinance 2014-33 adopted 10/14/14) Sec. 4.06.042 Issuance; fee; duration; offenses (a) Offenses. (1) A person commits an offense if the person sells, offers to sell, gives away, trades or otherwise conveys food to the public or operates a food establishment within the town without having first obtained a food establishment permit issued by the regulatory authority. (2) A person commits an offense if the person operates a food establishment in violation of the rules or of this article. (b) Issuance. (1) A person desiring to operate a food establishment shall make written application for a permit on forms provided by the town. The application shall include: (A) The applicant’s full name and street address and whether such applicant is an individual, firm, corporation or partnership. If the applicant is a partnership, the names of the partners, together with their addresses, shall be included; (B) The location and type of the proposed food establishment; (C) The signature of the applicant or applicants, or agents; (D) Copy of the valid driver’s license or other state identification card of the applicant or the applicant’s agent; (E) Copy of a valid food protection manager’s certificate; and (F) Such other information as the director deems necessary. (2) An application for a permit for a mobile unit or temporary food establishment which operates from a fixed food facility or “commissary” located outside the town shall include with the completed application a copy of the facility’s current valid state and/or local health permit. (3) Prior to approval of an application for an existing, proposed or extensively remodeled food establishment, the director of community development shall review all available documentation for such establishment to insure that such facility complies with the rules and regulations of this article. An application for a permit shall be denied if any Town Council Page 680 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-57 part of the application is improperly or erroneously completed, or if any part of the required documentation is not properly submitted. A person whose application is denied may appeal the denial in accordance with the provisions of section 4.06.044 of this article. (4) If a single building or establishment contains multiple, separate, distinct food operations, regardless of whether one or all of the operations are owned or operated by one or more individuals or entities, a separate food establishment permit and payment of a separate permit fee shall be required for each operation. (c) Fee; duration. (1) Except as set forth in subsection (c)(3) of this section, each food establishment operating within the corporate limits of the town shall pay the permit fee to the town as provided in the fee schedule in appendix A of this code at the time of application. (2) A permit shall remain in force for one year from the date of issuance unless suspended or revoked for cause as provided herein. (3) No permit fee shall be charged to any food establishment owned and operated by a governmental agency, independent school district, institution of purely public charity, church and/or other nonprofit organization; however, such establishments shall be required to obtain a permit and comply with all other requirements of these rules and codes. Documentation of tax-exempt status of a nonprofit organization under federal or state law must be provided to the town at the time of application in order to be exempt from payment of the permit fee. (4) As a condition of the permit, the food establishment shall be responsible for payment of the inspection fees assessed in accordance with this article and for any examination fees required. A permit shall not be renewed unless the permit holder has paid all fees previously assessed. (Ordinance 2002-24, sec. V, adopted 6/3/02; Ordinance 2006-01, sec. VI, adopted 1/9/06; 2006 Code, ch. 6, sec. 2.05) Sec. 4.06.043 Suspension (a) Procedure. (1) The director shall notify the permit holder, operator, or person in charge of the food establishment at the time of inspection, in writing, that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if the permit holder submits a written request for a hearing within five (5) days. The hearing shall be held in accordance with section 4.06.044 of this article. Notwithstanding the other provisions of this article, whenever the town finds unsanitary or other conditions in the operation of a food establishment which constitute a substantial hazard to the public health, a written notice may be issued to the permit holder, operator, or person in charge citing such condition, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken. If necessary, the order may state that the permit is immediately suspended and all food operations are to be immediately discontinued. Town Council Page 681 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 4: Business Regulations 4-58 (2) If a permit holder, operator, or person in charge has failed to correct a violation of this article after receiving two (2) written notices for the same violation, whether noted during a routine inspection or reinspection, the director may suspend the food establishment permit. Suspension may be appealed in accordance with section 4.06.044 of this article. (b) Posting of sign. If a permit is suspended, a sign stating “Closed by Order of the Town of Trophy Club Community Development Department” shall be placed on the entrance to the food establishment in plain view of the public. A person commits an offense if the person removes, covers, alters, defaces, or otherwise makes or causes such sign to be unreadable. (c) Reinstatement of suspended permit. A person whose food establishment permit has been suspended may, at any time, make written application for a reinspection for the purpose of reinstating the permit. The application shall include a statement signed by the applicant stating the conditions causing suspension of the permit have been corrected, and explaining how they have been corrected. The director shall make a reinspection. If, upon reinspection, the establishment is found to be in compliance with the requirements of this article, the director shall reinstate the permit upon payment of a reinstatement fee as per the fee schedule in appendix A of this code. (Ordinance 2002-24, sec. VII, adopted 6/3/02; Ordinance 2006-01, sec. VII, adopted 1/9/06; 2006 Code, ch. 6, sec. 2.06) Sec. 4.06.041 Revocation; appeals (a) Revocation. The director may revoke a food establishment permit if the permit holder has received two (2) written notices for the same critical violation(s) or for repeated violations of any of the requirements of this article, or for interference with the town health officer in the performance of his or her duties. Prior to such action, the town shall notify the permit holder in writing, stating the reasons for which the permit is subject to revocation, and advising that the permit shall be permanently revoked at the end of five (5) days following service of such notice unless the permit holder files a written request for an appeal with the director within such five (5) day period, which shall state the reasons the revocation is not authorized. A permit may be suspended pending its revocation or a hearing relative thereto. (b) Appeals. If requested, an appeal hearing shall be conducted by the town municipal court. Such hearing shall be an administrative hearing and shall be conducted within seven (7) business days of the date that the appeal is filed with the town. The municipal court judge shall make a finding and shall sustain, modify or rescind any official notice or order considered in the hearing. The court shall provide a written decision to the permit holder at the address furnished by the permit holder within seven (7) business days after the date of the hearing. (Ordinance 2003-08 [2002-24], sec. VIII, adopted 6/3/02; Ordinance 2006-01, sec. VIII, adopted 1/9/06; 2006 Code, ch. 6, sec. 2.07) Town Council Page 682 of 1236 Meeting Date: February 9, 2016 5-1 CHAPTER 5 FIRE PREVENTION AND PROTECTION ARTICLE 5.01 GENERAL PROVISIONS.................................................................................5-7 ARTICLE 5.02 FIRE MARSHAL AND ARSON INVESTIGATORS.......................................5-7 Sec. 5.02.001 Office of fire marshal created................................................................5-7 Sec. 5.02.002 Qualifications........................................................................................5-7 Sec. 5.02.003 Powers and duties of fire marshal; appointment and removal...............5-7 Sec. 5.02.004 Authority and duties as peace officers...................................................5-8 Sec. 5.02.005 Arson investigator reserve force............................................................5-8 ARTICLE 5.03 FIREWORKS.....................................................................................................5-9 Division 1. Generally.................................................................................................................5-9 Sec. 5.03.001 Definitions.............................................................................................5-9 Sec. 5.03.002 Penalty...................................................................................................5-9 Sec. 5.03.003 General prohibition................................................................................5-9 Sec. 5.03.004 Permitted transportation......................................................................5-10 Sec. 5.03.005 Exemption of signal flares and starter’s pistols...................................5-10 Sec. 5.03.006 Exemption of toy pistol caps...............................................................5-10 Sec. 5.03.007 Illegal fireworks declared nuisance; seizure and destruction; injunctive relief..................................................................................5-10 Sec. 5.03.008 Right of entry.......................................................................................5-11 Sec. 5.03.009 Grace period........................................................................................5-11 Division 2. Public Displays.....................................................................................................5-11 Sec. 5.03.031 Generally.............................................................................................5-11 Sec. 5.03.032 Application for permit.........................................................................5-11 Sec. 5.03.033 Issuance or denial of permit; duration; transfer...................................5-11 Sec. 5.03.034 Insurance and bond..............................................................................5-11 Sec. 5.03.035 Only aerial displays permitted.............................................................5-12 Sec. 5.03.036 Material not to be stored in town.........................................................5-12 Sec. 5.03.037 Hazardous conditions prohibited.........................................................5-12 Sec. 5.03.038 Qualifications of person handling fireworks.......................................5-12 Sec. 5.03.039 Firemen to be present..........................................................................5-12 [Next page is 5-7.] Town Council Page 683 of 1236 Meeting Date: February 9, 2016 Town Council Page 684 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 5: Fire Prevention and Protection 5-7 ARTICLE 5.01 GENERAL PROVISIONS (Reserved) ARTICLE 5.02 FIRE MARSHAL AND ARSON INVESTIGATORS Sec. 5.02.001 Office of fire marshal created There is hereby created a fire marshal’s office for the town, at the head of which shall be the fire marshal. The fire marshal’s office shall be composed of the fire marshal, arson investigators, and other employees as the town may provide. (Ordinance 2006-48, sec. II, adopted 11/20/06; 2006 Code, ch. 10, sec. 13.01) Sec. 5.02.002 Qualifications No person shall be certified as a fire marshal or reserve or full-time arson investigator until such person has complied with all requirements established by the state for peace officers and by the town acting through the fire marshal. (Ordinance 2006-48, sec. II, adopted 11/20/06; 2006 Code, ch. 10, sec. 13.02) Sec. 5.02.003 Powers and duties of fire marshal; appointment and removal (a) The fire marshal shall be the chief law enforcement officer for the fire marshal’s office and chief arson investigator and fire code enforcement officer for the town. He or she shall: (1) Organize and administer the fire marshal’s office in conformity with the ordinances of the town and the constitution and laws of the state and the United States; (2) Have immediate direction and control of the fire marshal’s office, subject to the supervision of the town manager and such rules, regulations and orders as the town manager may prescribe; (3) Consistent with policies and procedures established by the town manager, the fire marshal shall promulgate all orders, rules and regulations for government of the fire marshal’s office; (4) Appoint and discipline reserve or full-time arson investigators and other employees of the fire marshal’s office, who shall serve at his or her discretion, consistent with the town’s personnel policies and procedures where applicable; (5) Have the same powers in the town as the sheriffs of Denton and Tarrant Counties for the prevention and suppression of crime, the arrest of offenders, the taking of bail and the execution of arrest warrants, search warrants and other writs; and (6) Be responsible for all arson investigations and fire code enforcement services and perform such other duties as may be required by the town manager. Town Council Page 685 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 5: Fire Prevention and Protection 5-8 (b) The fire marshal shall be appointed by the town manager and shall serve at the pleasure of the town manager, who may terminate his or her services at any time consistent with the town’s personnel policies and procedures, where applicable. (Ordinance 2006-48, sec. II, adopted 11/20/06; 2006 Code, ch. 10, sec. 13.03; Ordinance adopting Code) Sec. 5.02.004 Authority and duties as peace officers (a) The fire marshal and all reserve or full-time arson investigators of the fire marshal’s office shall be and they are hereby vested with all the power and authority given to them as peace officers under the laws of the state, federal law, and the ordinances and regulations of the town, and it shall be the duty of each such officer: (1) To use his or her best endeavors to prevent the commission within the town of offenses against the laws of the state or the federal government and against the ordinances and regulations of the town; (2) To observe and enforce all such laws, ordinances and regulations; (3) To detect and arrest offenders against the same; and (4) To preserve the public peace, health and safety. (b) All peace officers shall execute any criminal warrant, warrants of arrest, and any writ, subpoenas or other process that may be placed in their hands by duly constituted authorities. (Ordinance 2006-48, sec. II, adopted 11/20/06; 2006 Code, ch. 10, sec. 13.04) Sec. 5.02.005 Arson investigator reserve force (a) There is hereby created an auxiliary arson investigation force to be known as the arson investigator reserve force. (b) The fire marshal shall be the head of the arson investigator reserve force, and the members of the reserve shall be under the authority, control and command of the fire marshal subject to all provisions of the ordinances of the town and laws of this state. The fire marshal may, by order, establish rules and regulations to govern the arson investigator reserve force, to fix specific duties of its members and to provide for the maintenance of discipline. He or she may change such orders from time to time, and may command members of the arson investigator reserve force to obey the instructions of regular arson investigators in carrying out their orders. (c) Members of the arson investigator reserve force shall comply with the standards as set forth by the state commission on law enforcement officer standards and education prior to appointment. Additional standards may be set by the fire marshal. (d) The duties of the arson investigator reserve force, subject at all times to the direction, supervision and control of the fire marshal, shall be to assist the regular members of the fire marshal’s office in the enforcement of law and maintenance of peace and order during periods of emergencies designated by the fire marshal. All members of the arson investigator reserve force shall be subject to all rules, policies and regulations governing the conduct and operations of Town Council Page 686 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 5: Fire Prevention and Protection 5-9 regular arson investigators. The fire marshal may prescribe other duties than those mentioned herein to be performed by the arson investigator reserve force. (e) Members of the arson investigator reserve force shall be appointed by the fire marshal, to serve at his or her discretion, and any member may resign from the arson investigator reserve force at any time, but it shall be his or her duty to notify the fire marshal of his or her resignation. (Ordinance 2006-48, sec. II, adopted 11/20/06; 2006 Code, ch. 10, sec. 13.05) ARTICLE 5.03 FIREWORKS* Division 1. Generally Sec. 5.03.001 Definitions Fireworks. Any firecrackers, cannon crackers, skyrockets, torpedoes, Roman candles, sparklers, squibs, fire balloons, star shells, gerbs or any other substance in whatever combination by any designated name intended for use in obtaining visible or audible pyrotechnic display, and such term shall include all articles or substances within the commonly accepted meaning of fireworks, whether herein specially designated and defined or not. Person. Any natural person, association of persons, partnership, corporation, or agent or officer of a corporation, and shall also include all warehousemen, common and private carriers, bailees, trustees, receivers, executors and administrators. (Ordinance 86-02, sec. I, adopted 1/13/86; 2006 Code, ch. 10, sec. 6.01) Sec. 5.03.002 Penalty Any person intentionally, knowingly, or recklessly violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine in a sum not to exceed two thousand dollars ($2,000.00) for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs. (Ordinance 86- 02, sec. XXI, adopted 1/13/86; Ordinance 98-28, sec. 7, adopted 10/20/98; 2006 Code, ch. 10, sec. 6.19; Ordinance adopting Code) Sec. 5.03.003 General prohibition Except as otherwise specifically provided in this code, it shall be unlawful for any person to manufacture, assemble, store, transport, receive, keep, sell, offer or have in his possession with intent to sell, use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action any fireworks of any description. (Ordinance 86-02, sec. III, adopted 1/13/86; 2006 Code, ch. 10, sec. 6.02) * State law references–State regulation of fireworks and fireworks displays, V.T.C.A., Occupations Code, ch. 2154; authority of city to prohibit or further regulate fireworks, V.T.C.A., Occupations Code, sec. 2154.004. Town Council Page 687 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 5: Fire Prevention and Protection 5-10 Sec. 5.03.004 Permitted transportation It shall be lawful to transport ICC class C common fireworks, as defined in article 3205 Vernon’s Texas Revised Civil Statutes, as amended, by motor vehicles which meet the Interstate Commerce Commission requirement for transporting ICC class C common fireworks and equipped with at least one ten (10) pound fire extinguisher for extinguishing type B fires, along and upon state and federally numbered highways within the town. It shall further be lawful for bona fide fireworks dealers to transport ICC class C common fireworks, as defined in article 9205 Vernon’s Texas Revised Civil Statutes, as amended, along and upon state and federally numbered highways within the town. (Ordinance 86-02, sec. III, adopted 1/13/86; 2006 Code, ch. 10, sec. 6.03) Sec. 5.03.005 Exemption of signal flares and starter’s pistols This article shall not apply to signal flares and torpedoes of the type and kind commonly used by any railroads, which signal flares and torpedoes are received by and stored or transported by any railroad for use in railroad operation; nor shall this article apply to any marine signal flare or rocket of the type and kind commonly carried by a vessel at sea for its own use and which signal flare or rocket is transported or received or stored for use only as ship’s stores; nor shall this article apply to signal flares or rockets for military or police use; nor shall this code apply to starter’s blanks and pistols used at athletic events. (Ordinance 86-02, sec. IV, adopted 1/13/86; 2006 Code, ch. 10, sec. 6.04) Sec. 5.03.006 Exemption of toy pistol caps Toy paper pistol caps which contain less than twenty-five one-hundredths (25/100ths) grains of explosive compounds shall not be affected by this article and the sale and use is permitted at all times. (Ordinance 86-02, sec. V, adopted 1/13/86; 2006 Code, ch. 10, sec. 6.05) Sec. 5.03.007 Illegal fireworks declared nuisance; seizure and destruction; injunctive relief The presence of any fireworks within the jurisdiction of the town in violation of this article is hereby declared to be a common and public nuisance. The fire chief and fire marshal are directed and required to seize and cause to be safely destroyed any fireworks found in violation of this article, and any member of the fire prevention division of the fire department or any police officer of the town or any other duly constituted peace officer is empowered to stop the transportation of and detain any fireworks found being transported illegally or to close any building where any fireworks are found stored illegally until the fire chief and fire marshal can be notified in order that such fireworks may be seized and destroyed in accordance with the terms of this section. Notwithstanding any penal provision of this code, the town attorney is authorized to file suit on behalf of the town or the fire marshal, or both, for such injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping or use of fireworks within the jurisdiction of the town and to aid the fire marshal in the discharge of his duties and to particularly prevent any person from interfering with the seizure and destruction of such fireworks, but it shall not be necessary to obtain any such injunctive relief as a prerequisite to such seizure and destruction. (Ordinance 86-02, sec. VI, adopted 1/13/86; 2006 Code, ch. 10, sec. 6.06) Town Council Page 688 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 5: Fire Prevention and Protection 5-11 Sec. 5.03.008 Right of entry The fire chief is hereby authorized to enter any building, in accordance with the laws of the state and of the United States, where the unlawful presence of fireworks is suspected, in order to inspect the same for the presence of such fireworks, but such authority does not include the right to enter a private dwelling or apartment. (Ordinance 86-02, sec. VII, adopted 1/13/86; 2006 Code, ch. 10, sec. 6.07) Sec. 5.03.009 Grace period Those persons, corporations, partnerships and associations who are presently in the business of buying, selling or manufacturing fireworks within town limits are hereby given ninety (90) days within which to comply with the code. (Ordinance 86-02, sec. XVIII, adopted 1/13/86; 2006 Code, ch. 10, sec. 6.18) Secs. 5.03.010–5.03.030 Reserved Division 2. Public Displays Sec. 5.03.031 Generally The provisions of this article shall not apply to a public display of fireworks made under the terms and conditions of this article, and such a display shall be permitted upon compliance with the provisions of this code. (Ordinance 86-02, sec. VIII, adopted 1/13/86; 2006 Code, ch. 10, sec. 6.08) Sec. 5.03.032 Application for permit Any person or any firm, partnership, corporation or association planning to make a public display of fireworks shall first make written application for a permit to the fire chief at least twenty-four (24) hours in advance of the date of the proposed display. No town permit shall be issued until a permit issued for said purposes has been issued by the state. (Ordinance 86-02, sec. IX, adopted 1/13/86; 2006 Code, ch. 10, sec. 6.09) Sec. 5.03.033 Issuance or denial of permit; duration; transfer It shall be the duty of the fire chief to make an investigation as to whether the display as proposed by the applicant for a permit under this article shall be of such a character that it may be hazardous to property or dangerous to any person, and he shall, in the exercise of reasonable discretion, grant or deny the application, subject to the conditions prescribed in this article. In the event the application is approved, a permit shall be issued for the public display by the fire chief. Such permit shall be for a period of time designated on the permit, but shall not exceed fourteen (14) days, and the permit shall not be transferable. In the event that the application is denied by the fire chief, he shall notify the applicant of the denial in writing. (Ordinance 86-02, sec. X, adopted 1/13/86; 2006 Code, ch. 10, sec. 6.10) Sec. 5.03.034 Insurance and bond The applicant for a display permit under this article shall, at the time of making application, furnish proof that he carries compensation insurance for his employees as provided by the laws of the state, and he shall file with the town secretary a certificate of insurance evidencing the Town Council Page 689 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 5: Fire Prevention and Protection 5-12 carrying of public liability insurance in an amount not less than five hundred thousand dollars ($500,000.00) issued by an insurance carrier authorized to transact business in the state, for the benefit of the person named therein as assured, as evidence of ability to respond in damages in at least the amount of five hundred thousand dollars ($500,000.00), issued by an authorized surety company approved by the fire chief, conditioned upon the applicant’s payment of all damages to persons or property which shall or may result from or be caused by such public display of fireworks, or any negligence on the part of the applicant or his/her agents, servants, employees, or subcontractors in the presentation of the public display. The town shall also be designated as an insured by the insurance policy and bonded by the bond. (Ordinance 86-02, sec. XI, adopted 1/13/86; 2006 Code, ch. 10, sec. 6.11) Sec. 5.03.035 Only aerial displays permitted Any fireworks display authorized under this article shall be limited to an aerial display. (Ordinance 86-02, sec. XII, adopted 1/13/86; 2006 Code, ch. 10, sec. 6.12) Sec. 5.03.036 Material not to be stored in town The material to be used for a public display authorized by this article shall not be stored within the town limits, but shall be brought in on the day of the public display and then shall be taken immediately to the place of display for further handling and storage. (Ordinance 86-02, sec. XIII, adopted 1/13/86; 2006 Code, ch. 10, sec. 6.13) Sec. 5.03.037 Hazardous conditions prohibited No public display of fireworks shall be of such a character and so located, discharged, or fired as to be hazardous or dangerous to persons or property, and this determination shall be within the sound discretion of the fire chief. (Ordinance 86-02, sec. XIV, adopted 1/13/86; 2006 Code, ch. 10, sec. 6.14) Sec. 5.03.038 Qualifications of person handling fireworks The persons handling the display of fireworks under this code shall be competent, adult persons and experienced pyrotechnic operators approved by the fire chief, and no person not approved by the fire chief shall handle fireworks at the public display. The names of the experienced pyrotechnic operators shall be designated on the permit issued. (Ordinance 86-02, sec. XV, adopted 1/13/86; 2006 Code, ch. 10, sec. 6.15) Sec. 5.03.039 Firemen to be present For each public display of fireworks under this code, not less than two (2) firemen of the town shall be in attendance during the display. The expense of such firemen at the display shall be borne by the applicant for the permit and shall be paid in advance at the time of the application for the permit. (Ordinance 86-02, sec. XVI, adopted 1/13/86; 2006 Code, ch. 10, sec. 6.16) Town Council Page 690 of 1236 Meeting Date: February 9, 2016 6-1 CHAPTER 6 HEALTH AND SANITATION ARTICLE 6.01 GENERAL PROVISIONS.................................................................................6-7 ARTICLE 6.02 EMERGENCY MEDICAL SERVICES.............................................................6-7 Sec. 6.02.001 Definitions.............................................................................................6-7 Sec. 6.02.002 Penalty...................................................................................................6-7 Sec. 6.02.003 Provision of service by town.................................................................6-8 Sec. 6.02.004 Fee schedule..........................................................................................6-8 Sec. 6.02.005 Responsibility for payment of fee.........................................................6-8 Sec. 6.02.006 Due date for payment of fee..................................................................6-8 Sec. 6.02.007 False statement of emergency...............................................................6-8 ARTICLE 6.03 HEALTH AUTHORITY....................................................................................6-9 Sec. 6.03.001 Established; duties.................................................................................6-9 Sec. 6.03.002 Payment of expenses.............................................................................6-9 Sec. 6.03.003 Appointment; term; qualifications; oath................................................6-9 Sec. 6.03.004 Removal...............................................................................................6-10 [Next page is 6-7.] Town Council Page 691 of 1236 Meeting Date: February 9, 2016 Town Council Page 692 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 6: Health and Sanitation 6-7 ARTICLE 6.01 GENERAL PROVISIONS* (Reserved) ARTICLE 6.02 EMERGENCY MEDICAL SERVICES† Sec. 6.02.001 Definitions When used in this article, the following words and phrases shall have the meanings respectively ascribed to them in this section: Emergency medical services. Services provided by emergency medical services personnel by means of an emergency medical services vehicle used to respond to an individual’s perceived need for immediate medical care and to prevent death or aggravation of physiological or psychological illness or injury. Emergency medical services personnel. (1) Emergency care attendants; (2) Basic emergency medical technicians; (3) Specially skilled emergency medical technicians; or (4) Paramedic emergency medical technicians. Emergency medical services vehicle. (1) A basic life-support emergency medical services vehicle; (2) An advanced life-support emergency medical services vehicle; (3) A mobile intensive-care unit; or (4) A specialized emergency medical services vehicle. (Ordinance 92-03, sec. II, adopted 2/18/92; 2006 Code, ch. 10, sec. 10.01) Sec. 6.02.002 Penalty It shall be unlawful for any person to violate or fail to comply with any provision of this article, and any person violating or failing to comply with any provision of this article shall be fined, upon conviction, not to exceed two thousand dollars ($2,000.00) for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or * State law references–Authority to enforce laws to protect public health, V.T.C.A., Health and Safety Code, sec. 121.003; local regulation of sanitation, V.T.C.A., Health and Safety Code, ch. 342; minimum standards of sanitation and health protection, V.T.C.A., Health and Safety Code, ch. 341. † State law references–Emergency medical services, V.T.C.A., Health and Safety Code, ch. 773; local provision of emergency medical services, V.T.C.A., Health and Safety Code, ch. 774. Town Council Page 693 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 6: Health and Sanitation 6-8 continues. (Ordinance 92-03, sec. VII, adopted 2/18/92; Ordinance 98-28, sec. 6, adopted 10/20/98; 2006 Code, ch. 10, sec. 10.07) Sec. 6.02.003 Provision of service by town The town shall provide emergency medical services within the town, and shall provide such services within adjacent jurisdictions as provided and authorized by law and by contract. The provision of emergency medical services shall be deemed to include payment for the services as set forth in this article. (Ordinance 92-03, sec. III, adopted 2/18/92; 2006 Code, ch. 10, sec. 10.02) Sec. 6.02.004 Fee schedule The town shall charge a fee for each response by the town to a request for emergency medical services. The amount of the fee shall be as set forth in the fee schedule in appendix A of this code. (Ordinance 92-03, sec. IV, adopted 2/18/92; 2006 Code, ch. 10, sec. 10.03; Ordinance adopting Code) Sec. 6.02.005 Responsibility for payment of fee The person receiving emergency medical service shall be responsible for payment of and shall pay the fee set forth in section 6.02.004 hereof. In the case of service received by a minor, the parent or guardian of the minor shall be responsible for payment of and shall pay the fee. (Ordinance 92-03, sec. V, adopted 2/18/92; 2006 Code, ch. 10, sec. 10.04) Sec. 6.02.006 Due date for payment of fee The fee set forth in section 6.02.004 shall be deemed to have been incurred and shall be due and payable within the town at the office of the town manager, whether or not the emergency medical services provided were inside or outside the corporate limits of the town. The fee shall be due and payable no later than 30 days following the date on which the emergency medical services were provided, after which date the fee shall be deemed delinquent. (Ordinance 92-03, sec. VI, adopted 2/18/92; 2006 Code, ch. 10, sec. 10.05) Sec. 6.02.007 False statement of emergency It shall be unlawful for any person to willfully inform the emergency medical services dispatcher, emergency medical services personnel, a police officer, or any officer or employee of the town that an emergency medical services vehicle or vehicles are needed at a location or address when such person knows that such statement is false. (Ordinance 92-03, sec. VII, adopted 2/18/92; 2006 Code, ch. 10, sec. 10.06) Town Council Page 694 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 6: Health and Sanitation 6-9 ARTICLE 6.03 HEALTH AUTHORITY* Sec. 6.03.001 Established; duties There is hereby established a health authority for the town. The health authority shall be appointed by the town council and shall have and perform the following duties as directed by the town manager or designee: (1) The health authority shall have the authority to provide public health education and information services to the citizens of the town; (2) Establishing, maintaining, and enforcing quarantine within the town; (3) Assisting and aiding the town in all matters of local quarantine, inspection, disease prevention and suppression, birth and death statistics, and general sanitation within the town; (4) Reporting to the town, in such manner and form and at such times as they shall prescribe, the presence of contagious, infectious, and dangerous epidemic diseases within the town; (5) Reporting to the town on all other matters as may be proper for the town to direct; and (6) Aiding the town at all times in the enforcement of proper rules, regulations, requirements, and codes and in the enforcement of all sanitation laws, quarantine regulations, and vital statistics collections in the town. (Ordinance 87-26, sec. II, adopted 11/11/87; Ordinance 88-05, sec. I, adopted 1/18/88; 2006 Code, ch. 6, sec. 1.01; Ordinance adopting Code) Sec. 6.03.002 Payment of expenses The town council may, by motion or by budgetary appropriation, authorize the payment of necessary expenses which may be incurred for the services of the health authority. (Ordinance 87- 26, sec. III, adopted 11/11/87; 2006 Code, ch. 6, sec. 1.02; Ordinance adopting Code) Sec. 6.03.003 Appointment; term; qualifications; oath (a) The town council shall appoint a health authority for a term of two (2) years to serve within the town. The health authority so appointed shall serve in that capacity for a term of two (2) years and may be reappointed for successive terms. A health authority shall be: (1) A competent physician who is legally qualified to practice medicine under the laws of the state and who is of reputable professional standing; and (2) A resident of the state. * State law reference–Health authorities, V.T.C.A., Health and Safety Code, sec. 121.021 et seq. Town Council Page 695 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 6: Health and Sanitation 6-10 (b) Each appointee shall take and subscribe to an official oath and file a copy of the oath and appointment with the board. The appointee shall not be deemed legally qualified to serve as health authority until such documents are filed. (Ordinance 87-26, sec. IV, adopted 11/11/87; 2006 Code, ch. 6, sec. 1.02) Sec. 6.03.004 Removal A health authority may be removed at the discretion of the town council. (Ordinance 87-26, sec. V, adopted 11/11/87; 2006 Code, ch. 6, secs. 1.03, 1.05; Ordinance adopting Code) Town Council Page 696 of 1236 Meeting Date: February 9, 2016 7-1 CHAPTER 7 MUNICIPAL COURT ARTICLE 7.01 GENERAL PROVISIONS.................................................................................7-7 ARTICLE 7.02 MUNICIPAL COURT OF RECORD 1.............................................................7-7 Division 1. Generally.................................................................................................................7-7 Sec. 7.02.001 Creation; jurisdiction.............................................................................7-7 Sec. 7.02.002 Statutory authority.................................................................................7-7 Sec. 7.02.003 Commencement.....................................................................................7-7 Sec. 7.02.004 Clerk and other personnel......................................................................7-7 Sec. 7.02.005 Failure to appear or violation of promise to appear...............................7-8 Division 2. Judge.......................................................................................................................7-8 Sec. 7.02.031 Appointment; term; compensation; alternate judges.............................7-8 Sec. 7.02.032 Qualifications........................................................................................7-9 Sec. 7.02.033 Temporary vacancy...............................................................................7-9 Sec. 7.02.034 Vacancy.................................................................................................7-9 Sec. 7.02.035 Removal.................................................................................................7-9 Sec. 7.02.036 Judicial authority.................................................................................7-10 ARTICLE 7.03 FEES, COSTS AND SPECIAL EXPENSES...................................................7-10 Sec. 7.03.001 Driving safety course fee.....................................................................7-10 Sec. 7.03.002 Warrant or capias fee...........................................................................7-10 Sec. 7.03.003 Transcript preparation fee....................................................................7-11 Sec. 7.03.004 Technology fund..................................................................................7-11 Sec. 7.03.005 Building security fund.........................................................................7-11 [Next page is 7-7.] Town Council Page 697 of 1236 Meeting Date: February 9, 2016 Town Council Page 698 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 7: Municipal Court 7-7 ARTICLE 7.01 GENERAL PROVISIONS* (Reserved) ARTICLE 7.02 MUNICIPAL COURT OF RECORD 1† Division 1. Generally Sec. 7.02.001 Creation; jurisdiction By the passage of this article, the existing municipal court is hereby abolished and the Municipal Court of Record 1 is hereby created in the town. The town council, in accordance with the determinations in the ordinance adopting this article, finds that a municipal court of record is necessary to provide a more efficient disposition of cases arising in the town. The Municipal Court of Record 1 shall have concurrent jurisdiction with the justice court in any precinct in which town is located in those criminal cases that arise in the town and that are punishable by fine only. (Ordinance 1999-27 adopted 10/5/99; Ordinance 2001-22, sec. II, adopted 9/17/01; 2006 Code, ch. 7, sec. 1.01) State law references–Creation of court, V.T.C.A., Government Code, sec. 30.00003; jurisdiction, V.T.C.A., Government Code, sec. 30.00005. Sec. 7.02.002 Statutory authority The town Municipal Court of Record 1 is hereby established pursuant to Texas Government Code chapter 30 (Municipal Courts of Record), subchapter A (General Law for Municipal Courts of Record), section 30.01811, subchapter VV, all as from time to time amended, and the provisions of such legislation governing the operation of a municipal court of record are hereby adopted. (Ordinance 1999-27 adopted 10/5/99; Ordinance 2001-22, sec. III, adopted 9/17/01; 2006 Code, ch. 7, sec. 1.02) Sec. 7.02.003 Commencement The existing municipal court of the town is hereby abolished as of 12:00 a.m. on September 30, 2001. Simultaneously with the abolition of the existing municipal court, the town Municipal Court of Record 1 is created. All cases, warrants and other pending matters in the existing municipal court are hereby transferred to the Municipal Court of Record 1, commencing at 12:00:01 a.m. on the 1st day of October, 2001. (Ordinance 1999-27 adopted 10/5/99; Ordinance 2001-22, sec. IV, adopted 9/17/01; 2006 Code, ch. 7, sec. 1.03) Sec. 7.02.004 Clerk and other personnel The town council hereby provides for the appointment of a municipal court clerk for the town’s Municipal Court of Record 1, who shall be an employee of the town subject to the supervision of the presiding judge. Further, the town council hereby provides for the appointment of such deputy * Charter reference–Municipal court, section 4.10 et seq. † State law references–Municipal courts of record, V.T.C.A., Government Code, ch. 30; jurisdiction, V.T.C.A., Government Code, sec. 30.00005; Trophy Club municipal court of record, V.T.C.A., Government Code, sec. 30.01811. Town Council Page 699 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 7: Municipal Court 7-8 clerks as the council shall determine appropriate. All court personnel, excluding the presiding judge and alternate judges, shall be appointed by the town manager or designee and shall be either at-will or contract employees of the town. Except as specifically provided herein, the municipal court clerk and all other court personnel shall be subject to the supervision, direction and control of the presiding judge. The municipal court clerk shall report to the town manager or designee for administrative purposes such as employee benefits and the scheduling of leave. Upon the direction of the town manager or designee and presiding judge, acting through the town’s human resources department, the clerk may hire, direct, supervise or remove the personnel authorized in the town’s annual budget. The municipal court clerk shall appoint a court reporter or may utilize a recording device as determined appropriate. The municipal court clerk shall perform all tasks required for the performance of his/her duties, including but not limited to those duties required by chapter 30 of the Texas Government Code, as amended, and all other applicable laws. (Ordinance 1999-27 adopted 10/5/99; Ordinance 2001-22, sec. VI, adopted 9/17/01; Ordinance 2006-49, sec. 2.01, adopted 12/18/06; 2006 Code, ch. 7, sec. 1.05; Ordinance adopting Code) Charter reference–Clerk of municipal court, section 4.12. State law references–Appointment of clerk and other personnel, V.T.C.A., Government Code, sec. 30.00009; court reporter, V.T.C.A., Government Code, sec. 30.00010. Sec. 7.02.005 Failure to appear or violation of promise to appear (a) Appearance required. Any person summoned or ordered to appear in the town’s Municipal Court of Record 1 to face and answer a charge brought against that person by the town for a violation of a state statute, town ordinance or other law or regulation shall appear in the Municipal Court of Record 1 at the date and time specified in the summons or order. For purposes of this section, “person” shall mean any corporation, partnership, joint venture, individual or any other entity recognized in law. (b) Filing of complaint. In the event a person summoned or ordered to appear in the Municipal Court of Record 1 as outlined in subsection (a) of this section fails to appear, the municipal court clerk shall be authorized and empowered to file a complaint in the Municipal Court of Record 1 charging that person with failure to appear/violate promise to appear as summoned or ordered. (Ordinance 1999-27 adopted 10/5/99; Ordinance 2001-22, sec. VII, adopted 9/17/01; 2006 Code, ch. 7, sec. 1.06) State law reference–Failure to appear, V.T.C.A., Penal Code, sec. 38.10. Secs. 7.02.006–7.02.030 Reserved Division 2. Judge* Sec. 7.02.031 Appointment; term; compensation; alternate judges The town council shall appoint a presiding judge and, at its discretion, appoint one or more alternate judges. The presiding judge and the alternate judges shall be appointed for terms of two (2) years each and shall have the authority provided by state law. Each term of office shall * Charter reference–Judge of municipal court, section 4.11. State law reference–Judge generally, V.T.C.A., Government Code, sec. 30.00006. Town Council Page 700 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 7: Municipal Court 7-9 commence upon the effective date of the ordinance appointing each such judge. The town council shall establish the compensation for the presiding judge and each alternate judge. (2006 Code, ch. 7, sec. 1.04(A). See end of this division for full history for this division.) Sec. 7.02.032 Qualifications Each person appointed as a municipal court judge shall be: (1) A resident of the state; (2) A citizen of the United States; and (3) A licensed Texas attorney in good standing who has two or more years of experience in the practice of law in Texas. (2006 Code, ch. 7, sec. 1.04(B). See end of this division for full history for this division.) Sec. 7.02.033 Temporary vacancy The town council may appoint one or more persons to sit for the presiding judge or for any alternate judge(s) of the municipal court while any such judge or judges are temporarily unable to act for any reason. The substitute judge(s) shall meet all of the qualifications prescribed for the municipal judge, and while serving as a municipal judge shall have all the powers and discharge all the duties of a municipal judge. (2006 Code, ch. 7, sec. 1.04(C). See end of this division for full history for this division.) State law reference–Appointment of substitute judge, V.T.C.A., Government Code, sec. 30.00008. Sec. 7.02.034 Vacancy If a vacancy occurs in the office of municipal judge of the court, the town council shall by ordinance provide for the appointment of a qualified person to fill the office for the remainder of the unexpired term only. (2006 Code, ch. 7, sec. 1.04(D). See end of this division for full history for this division.) Sec. 7.02.035 Removal A municipal judge may be removed from office by the town council at any time for the reasons stated and by the procedure provided for the removal of mayors and aldermen in section 21.021 et seq. of the Texas Local Government Code, as amended. (2006 Code, ch. 7, sec. 1.04(E). See end of this division for full history for this division.) State law reference–Removal of judge, V.T.C.A., Government Code, sec. 30.000085. Town Council Page 701 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 7: Municipal Court 7-10 Sec. 7.02.036 Judicial authority All duly appointed municipal court judges shall have the authority as provided by the applicable provisions of the Texas Government Code, as amended, and all other applicable laws. (2006 Code, ch. 7, sec. 1.04(F). See end of this division for full history for this division.) (Ordinance 1999-27 adopted 10/5/99; Ordinance 2001-22, sec. V, adopted 9/17/01; 2006 Code, ch. 7, sec. 1.04) ARTICLE 7.03 FEES, COSTS AND SPECIAL EXPENSES* Sec. 7.03.001 Driving safety course fee A nonrefundable fee in the amount established by the fee schedule in appendix A to this code shall be collected as a special expense each time a person requests to take a driving safety course for the purpose of having the charge dismissed after the successful completion of the course. The fee shall be paid into the town treasury to recover the costs incurred by the town in processing the person’s request for a driving safety class. (Ordinance 1999-27 adopted 10/5/99; Ordinance 2001- 22, sec. VIII, adopted 9/17/01; 2006 Code, ch. 7, sec. 1.07; Ordinance adopting Code) State law reference–Additional court fees for driving safety course, V.T.C.A., Government Code, sec. 103.021. Sec. 7.03.002 Warrant or capias fee The following fees are hereby established and shall be imposed and collected by the town’s Municipal Court of Record No 1 for a defendant convicted of a misdemeanor in the following instances: (1) When a defendant has been convicted in the municipal court of the town, the defendant shall pay the sum set forth in the fee schedule in appendix A of this code for the execution or processing of an issued arrest warrant or capias by a peace officer. The fee shall be assessed on conviction regardless of whether the defendant was also arrested at the same time for another offense, and shall be assessed for each arrest made of a defendant arising out of the offense for which the defendant has been convicted. (2) Proceeds collected hereunder shall be retained by the town in accordance with law. (Ordinance 1999-27 adopted 10/5/99; Ordinance 2001-22, sec. IX, adopted 9/17/01; 2006 Code, ch. 7, sec. 1.08) * State law references–Municipal court fines, costs and special expenses, Tex. Code Crim. Proc. art. 45.203; costs paid by defendants, Tex. Code Crim. Proc. ch. 102; court costs on conviction, V.T.C.A., Government Code, sec. 102.021; additional court costs on conviction in municipal court, V.T.C.A., Government Code, sec. 102.121; contracts for collection services, Tex. Code Crim. Proc. art. 103.0031. Town Council Page 702 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 7: Municipal Court 7-11 Sec. 7.03.003 Transcript preparation fee A transcript preparation fee in the amount set forth in the fee schedule in appendix A of this code shall be paid by each defendant appealing from a judgment or conviction in the municipal court. The transcript preparation fee does not include the fee for the actual transcript of the proceedings and must be paid by the defendant in addition to the fee for the actual transcript. The court clerk shall note the payment of the transcript preparation fee on the docket of the court and shall refund the fee to the defendant if the case is reversed on appeal. (Ordinance 1999-27 adopted 10/5/99; Ordinance 2001-22, sec. X, adopted 9/17/01; 2006 Code, ch. 7, sec. 1.09) State law reference–Transcript fees, V.T.C.A., Government Code, sec. 30.00014(f), (g). Sec. 7.03.004 Technology fund (a) Established. There is hereby created and established a municipal court technology fund (the “fund”), pursuant to article 102.0172, Texas Code of Criminal Procedure. (b) Assessment of fee. The municipal court of the town is hereby authorized and required to assess a municipal court technology fee (the “fee”), as defined in art. 102.0172(d) of the Texas Code of Criminal Procedure, in the amount as provided for in the fee schedule in appendix A to this code, against all defendants convicted of a misdemeanor offense in the municipal court. Each misdemeanor conviction shall be subject to a separate assessment of the fee. (c) Collection of fee. The municipal court clerk is hereby authorized and required to collect the fee and to pay same to the treasury of the town. All fees so collected and paid over to the treasury of the town shall be segregated in the fund. (d) Authorized uses. The fund shall be used only for the purposes of financing the purchase of items used to provide certain technological enhancements for the municipal court of the town. Technological enhancement items shall include any and all items described in article 102.0172(d) of the Code of Criminal Procedure. (e) Administration. The fund shall be administered by or under the direction of the town council. (Ordinance adopting Code) State law reference–Authority of municipality to establish municipal court technology fund, Tex. Code Crim. Proc. art. 102.0172. Sec. 7.03.005 Building security fund (a) Established. There is hereby created and established a municipal court building security fund (the “fund”), pursuant to article 102.017, Texas Code of Criminal Procedure. (b) Assessment of fee. The municipal court of the town is hereby authorized and required to assess a municipal court building security fee (the “fee”), as defined in art. 102.017 of the Texas Code of Criminal Procedure, in the amount as provided for in the fee schedule in appendix A to this code, against all defendants convicted of a misdemeanor offense in the municipal court. Each misdemeanor conviction shall be subject to a separate assessment of the fee. Town Council Page 703 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 7: Municipal Court 7-12 (c) Collection of fee. The municipal court clerk is hereby authorized and required to collect the fee and to pay same to the treasury of the town. All fees so collected and paid over to the treasury of the town shall be segregated in the fund. (d) Authorized uses. The fund shall be used only for the purposes of financing the purchase of security devices and/or services for the building or buildings housing the municipal court of the town. Security devices and/or services shall include any and all items described in article 102.017(d-1) of the Code of Criminal Procedure. (e) Administration. The fund shall be administered by or under the direction of the town council. (Ordinance adopting Code) State law reference–Authority to establish municipal court building security fund, Tex. Code Crim. Proc. art. 102.017. Town Council Page 704 of 1236 Meeting Date: February 9, 2016 8-1 CHAPTER 8 OFFENSES AND NUISANCES ARTICLE 8.01 GENERAL PROVISIONS.................................................................................8-7 Sec. 8.01.001 Displaying or posting sign for purpose of selling vehicle.....................8-7 ARTICLE 8.02 NOISE.................................................................................................................8-7 Sec. 8.02.001 Penalty...................................................................................................8-7 Sec. 8.02.002 Injunctive relief.....................................................................................8-7 Sec. 8.02.003 Declaration of nuisance.........................................................................8-7 Sec. 8.02.004 Exception for lawn equipment and agricultural equipment...................8-9 Sec. 8.02.005 Permit....................................................................................................8-9 ARTICLE 8.03 GRAFFITI..........................................................................................................8-9 Sec. 8.03.001 Definitions.............................................................................................8-9 Sec. 8.03.002 Penalty.................................................................................................8-10 Sec. 8.03.003 Removal required................................................................................8-10 ARTICLE 8.04 OUTDOOR STORAGE OR DISPLAY...........................................................8-11 Sec. 8.04.001 Definitions...........................................................................................8-11 Sec. 8.04.002 Penalty.................................................................................................8-12 Sec. 8.04.003 Screening of certain items required.....................................................8-12 Sec. 8.04.004 Screening standards.............................................................................8-12 Sec. 8.04.005 Portable home storage units.................................................................8-13 ARTICLE 8.05 WEAPONS.......................................................................................................8-14 Sec. 8.05.001 Definitions...........................................................................................8-14 Sec. 8.05.002 Discharge of firearm............................................................................8-15 Sec. 8.05.003 Discharge of archery equipment or airgun..........................................8-15 Sec. 8.05.004 Hunting................................................................................................8-16 ARTICLE 8.06 SEX OFFENDER RESIDENCY RESTRICTIONS.........................................8-16 Sec. 8.06.001 Definitions...........................................................................................8-16 Sec. 8.06.002 Offenses...............................................................................................8-17 Sec. 8.06.003 Evidentiary matters; measurements.....................................................8-18 Sec. 8.06.004 Culpable mental state not required......................................................8-18 Sec. 8.06.005 Defenses..............................................................................................8-18 Sec. 8.06.006 Penalty.................................................................................................8-19 Sec. 8.06.007 Safety zone map..................................................................................8-19 ARTICLE 8.07 RESTRICTED SMOKING MATERIALS.......................................................8-19 Sec. 8.07.001 Definitions...........................................................................................8-19 Sec. 8.07.002 Purpose; applicability..........................................................................8-21 Sec. 8.07.003 Sale, delivery, offer or gift prohibited.................................................8-21 Sec. 8.07.004 Use or possession prohibited...............................................................8-21 Sec. 8.07.005 Use or possession of restricted smoking paraphernalia.......................8-21 Sec. 8.07.006 Defenses..............................................................................................8-21 ARTICLE 8.08 ABANDONED OR JUNKED VEHICLES......................................................8-22 Division 1. Generally...............................................................................................................8-22 Sec. 8.08.001 Definitions...........................................................................................8-22 Sec. 8.08.002 Penalty.................................................................................................8-23 Sec. 8.08.003 Immediate removal of vehicles obstructing traffic..............................8-23 Town Council Page 705 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-2 Division 2. Abandoned Vehicles.............................................................................................8-23 Sec. 8.08.031 Authority to take possession................................................................8-23 Sec. 8.08.032 Notice..................................................................................................8-24 Sec. 8.08.033 Storage fees.........................................................................................8-24 Sec. 8.08.034 Sale at auction; use by police department...........................................8-24 Sec. 8.08.035 Vehicles left in storage facilities.........................................................8-25 Sec. 8.08.036 Disposal to demolisher........................................................................8-25 Division 3. Junked Vehicles....................................................................................................8-25 Sec. 8.08.061 Declaration of nuisance; penalty.........................................................8-25 Sec. 8.08.062 Abatement notice.................................................................................8-26 Sec. 8.08.063 Abatement procedures.........................................................................8-26 Sec. 8.08.064 Exceptions...........................................................................................8-27 Sec. 8.08.065 Authority to enforce............................................................................8-27 ARTICLE 8.09 WEEDS, REFUSE OR OTHER OBJECTIONABLE MATTER....................8-28 Sec. 8.09.001 Prohibited conditions on private property...........................................8-28 Sec. 8.09.002 Prohibited conditions in area between property line and street...........8-28 Sec. 8.09.003 Removal...............................................................................................8-29 Sec. 8.09.004 Objectionable and unsightly vegetation defined.................................8-29 Sec. 8.09.005 Notice of violation; performance of work by town.............................8-29 Sec. 8.09.006 Assessment of town’s expenses...........................................................8-30 Sec. 8.09.007 Abatement of weeds without prior notice............................................8-30 Sec. 8.09.008 Requirements prior to filing of complaint or other legal action..........8-31 Sec. 8.09.009 Penalty.................................................................................................8-31 [Next page is 8-7.] Town Council Page 706 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-7 ARTICLE 8.01 GENERAL PROVISIONS Sec. 8.01.001 Displaying or posting sign for purpose of selling vehicle (a) Prohibition. It shall be unlawful for any person to post any signage on or near any motor vehicle, mobile home, motor home, recreational vehicle, trailer, boat, motorcycle or moped, or post any signage upon public or private property, for the express purpose of effectuating the sale of said vehicle, and it shall be unlawful to sell said vehicle pursuant to any such posting of a sign or signs. (b) Penalty. It shall be unlawful for any person to violate any provision of this section, and any person violating any provision of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in an amount not to exceed five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed upon each day during on or which a violation occurs. (Ordinance 85-23, secs. I, VII, adopted 3/23/87; Ordinance 98-28, sec. 8, adopted 10/20/98; 2006 Code, ch. 10, secs. 9.01, 9.02) ARTICLE 8.02 NOISE* Sec. 8.02.001 Penalty Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed 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. (Ordinance 88-27, sec. V, adopted 12/12/88; Ordinance 1999-19, sec. V, adopted 7/20/99; 2006 Code, ch. 8, sec. 1.05) Sec. 8.02.002 Injunctive relief In addition to the fines and penalties set forth in section 8.02.001 hereof for the enforcement of the provisions of this article, the town may enforce the provisions hereof by injunctive relief through an appropriate court of competent jurisdiction. (Ordinance 88-27, sec. IV, adopted 12/12/88; Ordinance 1999-19, sec. IV, adopted 7/20/99; 2006 Code, ch. 8, sec. 1.04) Sec. 8.02.003 Declaration of nuisance (a) The following acts, among others, are declared to be nuisances in violation of this article, but said enumeration shall not be deemed to be exclusive: (1) The playing of any radio, phonograph, tape player or other electronic device of a similar nature, or any musical instrument, in such manner or with such volume, during the hours between 10:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort, or repose of persons of ordinary sensibilities in any dwelling or other type of residence, such persons being indoors or outdoors at any such location. * State law reference–Disorderly conduct, V.T.C.A., Penal Code, sec. 42.01. Town Council Page 707 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-8 (2) The use of any loudspeaker or amplifier of such intensity that annoys or disturbs persons of ordinary sensibilities in the immediate vicinity thereof, except by permit issued by the town manager or designee in accordance with section 8.02.005 of this article. (3) The running of any automobile, motorcycle, or vehicle so out of repair or so loaded, or operating a vehicle in any such manner, as to create loud or unnecessary grating, grinding, jarring, or rattling noise or vibrations. (4) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle engine or boat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (5) The use of any mechanical device operated by compressed air, unless the noise to be created is effectively muffled and reduced to prevent loud or explosive noises therefrom. (6) The erection, including excavation, demolition, alteration or repair work on any building, other than between the hours of 7:00 a.m. and 6:00 p.m. on or during the weekdays of Monday through Saturday, inclusive, except in case of an urgent necessity in the interest of public safety and convenience, and then only by permit from the town manager or designee in accordance with section 8.02.005 of this article, specifying the nature of the emergency and the days and hours such work is to be allowed, which permit may be renewed by the town manager or designee during the time the emergency exists. (7) The operation of any heavy equipment, machinery or apparatus for excavation, construction, grading, earth moving, paving, cement laying or pouring, drilling or work of any nature, or the operation of any chain saw, within 1500 lineal feet of any occupied residential dwelling, other than between the hours of 7:00 a.m. and 6:00 p.m. on or during the weekdays of Monday through Saturday, inclusive, except in case of an urgent necessity in the interest of public safety and convenience, and then only by permit from the town manager or designee in accordance with section 8.02.005 of this article, specifying the nature of the emergency and the days and hours such work is to be allowed, which permit may be renewed by the town manager or designee during the time the emergency exists. (8) As a part of any business, other than between the hours of 7:00 a.m. and 9:00 p.m., Monday through Saturday, inclusive, within 1500 linear feet of any occupied residential dwelling, the operation of any heavy equipment, truck or machinery which emits noises of such intensity or loudness that annoy or disturb persons of ordinary sensibilities within such distance, except in the case of urgent necessity in the interest of public safety and convenience, and then only by permit from the town manager or designee in accordance with section 8.02.005 of this article, specifying the nature of the emergency and the dates and hours such work is to be allowed, which permit may be renewed by the town manager or designee during the time the emergency exists. (9) Construction work performed on any of the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day. Town Council Page 708 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-9 (b) Notwithstanding any of the above, the town manager or designee shall have the authority to and may issue a permit in accordance with section 8.02.005 of this article for alteration or repair work or for new construction in connection with owner-occupied residences when the particular work is to performed by the owner-occupant of the premises where the work is to be performed and when such work is to be performed between the hours of 6:00 p.m. and 9:00 p.m., Monday through Saturday, inclusive, or between the hours of 9:00 a.m. and 6:00 p.m. on Sunday. (Ordinance 88-27, sec. I, adopted 12/12/88; Ordinance 1999-19, sec. I, adopted 7/20/99; 2006 Code, ch. 8, sec. 1.01; Ordinance 2012-14, secs. 2.01–2.03, adopted 6/18/12; Ordinance adopting Code) Sec. 8.02.004 Exception for lawn equipment and agricultural equipment This article is not intended to prohibit and shall not prohibit in any way the operation of power lawnmowers or other lawn equipment or any equipment used for agricultural purposes or golf course or lawn maintenance. (Ordinance 88-27, sec. II, adopted 12/12/88; Ordinance 1999-19, sec. II, adopted 7/20/99; 2006 Code, ch. 8, sec. 1.02) Sec. 8.02.005 Permit Any exemption from the provisions of this article by permit issued by the town manager or designee must be in writing by the applicant at least 48 hours prior to the requested issuance date and time, unless the emergency circumstances are such, upon determination by the town manager or designee, that a shorter time should be allowed. Thereafter, upon issuance of the permit by the town manager or designee, such permit shall be displayed at all times during the performance of the work, upon the premises to which such permit applies, in clear view for the inspection by the public law enforcement officials of the town. No permit for an exemption to the provisions of this article shall be issued or renewed by the town manager or designee for a period exceeding three (3) months. Any requested period exceeding three (3) months must be approved by the town council. (Ordinance 88-27, sec. III, adopted 12/12/88; Ordinance 1999-19, sec. III, adopted 7/20/99; 2006 Code, ch. 8, sec. 1.03; Ordinance adopting Code) ARTICLE 8.03 GRAFFITI* Sec. 8.03.001 Definitions Graffiti. Any marking, including but not limited to any inscription, slogan, drawing, painting, symbol, logo, name, character, or figure, that is made in any manner on tangible property. Guardian. (1) A person who, under court order, is the guardian of the person of a minor; or (2) A public or private agency with whom a minor has been placed by a court. Minor. A person under 18 years of age who is not and has not been married or who has not had his disabilities of minority removed for general purposes. * State law reference–Graffiti, V.T.C.A., Penal Code, sec. 28.08. Town Council Page 709 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-10 Owner. Any person with the legal or equitable right of possession to any property. Parent. The mother, a man presumed to be the biological father or a man who has been adjudicated to be the biological father by a court of competent jurisdiction, or an adoptive mother or father, but does not include a parent as to whom the parent-child relationship has been terminated. Property. Any tangible personal or real property. (Ordinance 2004-02, sec. II, adopted 1/19/04; Ordinance 2005-03, sec. 2, adopted 2/7/05; 2006 Code, ch. 8, sec. 2.01) Sec. 8.03.002 Penalty It shall be unlawful for any person to violate any provision of this article, 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. (Ordinance 1999-13, sec. XIX, adopted 6/16/99; Ordinance 2002-38, sec. XIX, adopted 1/18/02; 2006 Code, ch. 8, sec. 2.03) Sec. 8.03.003 Removal required (a) Removal required. The owner of any property in the town commits an offense if the owner fails to remove all graffiti from the property that is visible from any public property, easement or right-of-way, unless the graffiti was created or placed on the property with the owner’s consent and does not violate the town’s sign regulations or any applicable code, regulation or state or federal law. (b) Notice. Before issuing a citation for a violation of this article, the designated official shall serve an owner with written notice to remove the graffiti from the property within twenty-one (21) calendar days from the date the notice is served. The notice may be served by hand-delivery to the owner or by depositing the same in the United States Postal Service certified mail, return receipt requested, addressed to the owner at the owner’s address as shown on the most recent certified tax roll of the town. If the owner cannot be located and the notice is returned undelivered by the United States Postal Service, then the owner may be notified by: (1) Publication two (2) times within ten (10) consecutive days in the town’s official newspaper; (2) Posting the notice on or near the front door of each building on the premises to which the violation relates; or (3) Posting the notice on a placard attached to a stake driven into the ground on the premises to which the violation relates, if the premises do not contain a building. (c) Computation of time. The twenty-one (21) calendar days referenced in subsection (b) of this section shall be counted as follows: (1) From the date the notice is personally served on the owner; Town Council Page 710 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-11 (2) From the sixth day after the date the notice is placed in the United States certified mail; or (3) If the owner cannot be found or in the event the notice is returned by the United States Postal Service, from the date the notice is: (A) Published for the second time in accordance with subsection (b)(1) of this section; or (B) Posted in accordance with subsections (b)(2) and (3) of this section. (d) Defenses. It is a defense to prosecution under subsection (a) of this section that: (1) No notice was served on the owner in compliance with this article; (2) The owner has removed the graffiti from the property in question three (3) or more times within the twelve (12) month period preceding the date of the citation; or (3) Before being issued a citation, the owner gave the designated official written authorization to allow persons to enter onto the property and remove the graffiti pursuant to a volunteer or community service program approved by the designated official in which the owner is eligible to participate. (e) Graffiti on town or government property. The designated official shall notify the town and any other governmental entity whenever property owned by or under control of the town or governmental entity contains graffiti in violation of this article. The town or any other governmental entity shall remove any such graffiti from its property within twenty-one (21) days from the date of the notice. (Ordinance 2004-02, sec. XV, adopted 1/19/04; Ordinance 2005-03, sec. 17, adopted 2/7/05; 2006 Code, ch. 8, sec. 2.02) ARTICLE 8.04 OUTDOOR STORAGE OR DISPLAY Sec. 8.04.001 Definitions Outdoor storage/display. The keeping, displaying, maintaining, or storing of any new or used goods, materials, merchandise or equipment on a lot, tract, or parcel of land that is not within a structure or behind an appropriate screen for periods longer than two (2) consecutive days per month. Portable home storage unit or POD. (1) Any assembly of materials which is so designed, constructed or reconstructed to make it portable and capable of movement from one site to another, designed to be used without a permanent foundation, designed with the purpose of storing tangible property and not for occupancy by persons, and to have one dimension exceeding ten feet (10'); or Town Council Page 711 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-12 (2) Any container, storage unit, shed-like container or other portable structure that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building, other than an accessory building or shed complying with all building codes and land use requirements. Residential district or residential use. An area designated for use and designed to accommodate single-family, multifamily, townhome, condominium or other living uses for single-family or multifamily dwelling. (Ordinance 2006-10, sec. II, adopted 5/1/06; 2006 Code, ch. 8, sec. 5.01) Sec. 8.04.002 Penalty It shall be unlawful for any person to violate any provision of this article, and any person violating or failing to comply with any provision of this article 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. (Ordinance 2006-10, sec. IX, adopted 5/1/06; 2006 Code, ch. 8, sec. 5.05) Sec. 8.04.003 Screening of certain items required It shall be unlawful for any person, whether an owner or tenant of property, in a residential district designated for residential use, to allow outdoor storage or outdoor display of the following items visible from the public right-of-way for longer than two (2) consecutive days per month, which are not appropriately screened in accordance with section 8.04.004 of this code: (1) Clothes hanging from balconies, patios or other projecting overhangs. (2) Clothes hanging from clothes lines. (3) New, broken, discarded, abandoned or inoperable property, including but not limited to household furnishings, appliances, boxes, cartons, lawn maintenance equipment, landscaping supplies, machines, tools, exercise equipment and other items. (4) Automotive equipment, including but not limited to machinery, parts and tires. (5) Household furnishings not designed for outdoor use. (6) Exterior appliances, including but not limited to utility and mechanical equipment. (Ordinance 2006-10, sec. III, adopted 5/1/06; 2006 Code, ch. 8, sec. 5.02) Sec. 8.04.004 Screening standards Except as otherwise specifically provided, screening shall be provided in accordance with the following regulations: (1) General standards. Residential districts may have outdoor storage/display, but such outdoor storage/display shall be screened from the public view and shall comply with the screening requirements set out in this code. Compliance with the screening requirements of this code notwithstanding, this code shall not be construed as Town Council Page 712 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-13 authorizing screened storage which creates, causes or allows to be maintained a nuisance or other condition detrimental to public health, safety and welfare or which violates any other ordinance of the town. (2) Types of screening; height. (A) All outdoor storage/display shall be screened from [view] as required herein so that it cannot be viewed from public right-of-way; (B) Screening shall be a minimum of six feet (6') in height and a maximum of eight feet (8') in height, except as provided by subsection (3) of this section; and (C) Construction must comply with the fencing requirements, or: (i) Be constructed according to and compliant with the current fencing standards; (ii) Be constructed of ornamental fencing in combination with a landscape screen; or (iii) Be constructed of a solid evergreen shrub landscape screen without a fence or wall. (D) Evergreen shrubs used for a landscape screen shall be placed so as to create at least a six-foot (6') tall solid screen within two (2) years of their installation along the length of the stored material. All landscaping shall be irrigated and maintained in a healthy and growing condition. (E) Screening may not be constructed of chain link with slats. (3) Newly planted evergreen shrubs. Outdoor storage/display screening must completely conceal the outdoor storage/display except in the case where newly planted evergreen shrubs which will serve as a required landscape screen at maturity have been placed so as to produce a solid six-foot (6') screen, provided that such shrubs must completely screen the outdoor storage/display within two (2) years of installation. (4) Screening of shipping containers, semi-trailers and other vehicles used for storage. The screening requirements of this section shall also apply to the use of semi-trailers, storage vaults, shipping containers, or other vehicles for storage purposes. (5) Balcony screening. Outdoor storage/display must be completely enclosed in a storage unit for balconies facing or viewable from public rights-of-way. (Ordinance 2006-10, sec. IV, adopted 5/1/06; 2006 Code, ch. 8, sec. 5.03) Sec. 8.04.005 Portable home storage units (a) Permit required; application; insurance; fee. (1) It shall be unlawful for a person to place or maintain a PODS unit on his or her property without a valid permit. Town Council Page 713 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-14 (2) Before placing a PODS unit on his or her property, a person shall submit an application with a site plan designating the location of the PODS unit and obtain a permit from the town. An insurance certificate providing liability insurance in the amount of $100,000.00 provided by the company supplying the PODS unit must accompany the application. There is a fee in the amount established by the fee schedule for a thirty (30) day permit. (b) Duration of permit; extension. Permits shall be granted for a period of thirty (30) days. Only one (1) permit shall be issued per calendar year. At the expiration of the thirty (30) day period, applicants may seek to extend their permits for an additional thirty (30) days by filing a request for permit extension. Extension of a permit shall cost the amount established by the fee schedule for the additional thirty (30) day period. Only one thirty (30) day extension shall be allowed. (c) Location. PODS units are prohibited from being placed in streets or in the front yard of a property on a surface other than an improved surface made of materials as specified in the town’s ordinances. PODS units shall be kept in the driveway of the property at the furthest accessible point from the street as shown on a site plan submitted with the permit application. PODS shall only be placed on improved off-street surfaces as specified herein. (d) Number and size of units. Only one (1) PODS unit may be placed upon any residential property at one time, and the size of the unit shall not exceed ten feet (10') in width or twenty feet (20') in length. (e) Safety. It shall be the obligation of the owner or user of the PODS unit to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the unit. (Ordinance 2006-10, sec. V, adopted 5/1/06; 2006 Code, ch. 8, sec. 5.04; Ordinance adopting Code) ARTICLE 8.05 WEAPONS* Sec. 8.05.001 Definitions Airgun. Any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by compressed air and including, but not limited to, airguns, BB or pellet guns, air-soft guns, paint ball guns and other similar devices. Archery equipment. A long bow, compound bow, recurved bow, crossbow or other similar device. Domestic animal. Any animal other than wildlife as defined herein. * State law references–Weapons, V.T.C.A., Penal Code, ch. 46; limitation of authority to prohibit discharge of firearms or other weapons in extraterritorial jurisdiction, V.T.C.A., Local Government Code, sec. 229.002. Town Council Page 714 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-15 Firearm. Any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance, or any device readily convertible to that use. Wildlife. Any wild mammal, aquatic animal, wild bird, amphibian, reptile, mollusk, or crustacean, or any part, product, egg, or offspring of any of these, dead or alive. (Ordinance 2011-21, sec. 2 (5.01), adopted 6/6/11) Sec. 8.05.002 Discharge of firearm It shall be unlawful for any person to fire or discharge any firearm within the town. Notwithstanding the foregoing, the following actions shall be allowed: (1) The discharge of a firearm done in the necessary and lawful protection of a person, premises or property, unless such discharge is reckless or negligent under the circumstances existing at the time. (2) The discharge of a firearm by a duly authorized peace officer while lawfully carrying out his official duties. (Ordinance 85-26 adopted 10/28/85; 2006 Code, ch. 10, sec. 5.01; Ordinance 2011-21, sec. 2 (5.02), adopted 6/6/11) State law references–Authority of municipality regarding firearms and explosives, V.T.C.A., Local Government Code, sec. 229.001; disorderly conduct, V.T.C.A., Penal Code, sec. 42.01. Sec. 8.05.003 Discharge of archery equipment or airgun (a) Discharge of archery equipment prohibited; exceptions. It shall be unlawful for any person to discharge any archery equipment within the town. Notwithstanding the foregoing, the following actions shall be allowed: (1) The discharge of archery equipment in an establishment properly fitted and arranged for the purpose so that no danger arises therefrom; provided, however, that an archery range shall only be allowed in an establishment which has as its primary operation the sale and/or repair of sporting equipment or archery equipment. (2) The discharge of archery equipment done in the necessary and lawful protection of the person, premises or property, unless such discharge is reckless or negligent under the circumstances existing at the time. (3) The discharge of archery equipment on private property when all projectiles discharged remain contained within the confines of property controlled or owned by the person discharging or allowing the discharge of the archery equipment. (4) The discharge of archery equipment by a person under the age of eighteen (18) on private property when such minor person is under the supervision of an adult person controlling or owning the property and all projectiles discharged remain contained within the confines of the property. Town Council Page 715 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-16 (b) Use of archery equipment to injure or kill animal. No person shall use archery equipment to intentionally, knowingly, or recklessly injure or kill either a domestic animal or wildlife. (c) Discharge of airgun prohibited; exceptions. It shall be unlawful for any person to discharge an airgun within the town. Notwithstanding the foregoing, the following actions shall be allowed: (1) The discharge of an airgun on private property when all projectiles discharged remain contained within the confines of property controlled or owned by the person discharging or allowing the discharging of the airgun. (2) The discharge of an airgun by a person under the age of eighteen (18) on private property when such minor person is under the supervision of an adult person controlling or owning the property and all projectiles discharged remain contained within the confines of the property. (d) Use of airgun to kill or injure animal. No person shall use an airgun to intentionally, knowingly, or recklessly injure or kill either a domestic animal or wildlife. (Ordinance 2011-21, sec. 2 (5.04), adopted 6/6/11) Sec. 8.05.004 Hunting No person shall hunt wildlife within the town or on property leased by the town, except as follows: (1) When acting pursuant to a written contract with the town. (2) When acting in the course and scope of employment with the town police department in accordance with such person’s job description. (3) When acting pursuant to a written contract with the U.S. Army Corps of Engineers or a permit issued by the U.S. Army Corps of Engineers. (Ordinance 2011-21, sec. 2 (5.05), adopted 6/6/11) ARTICLE 8.06 SEX OFFENDER RESIDENCY RESTRICTIONS* Sec. 8.06.001 Definitions For the purpose of this article, the following terms, words and the derivations thereof shall have the meanings given herein: Database. The state department of public safety’s sex offender database. * State law references–Establishment of child safety zone for sex offender on community supervision for sexual offenses against children, Tex. Code Crim. Proc. art. 42.12, sec. 13B; establishment of child safety zone for sex offender on community supervision for violent offenses, Tex. Code Crim. Proc. art. 42.12, sec. 13D. Town Council Page 716 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-17 Day care facility or day care center. An establishment where more than 3 unrelated children under the age of fourteen (14) are left for care, training, education, custody, or supervision during the day or any portion thereof. The term does not include overnight lodging, medical treatment, counseling or rehabilitative services and does not apply to any school, public or private, as herein defined. Minor. A person younger than seventeen (17) years of age. Permanent residence. A place where a person abides, lodges, or resides for fourteen (14) or more consecutive days. Playground. Any outdoor facility that is not on the premises of a school and that is intended for recreation, is open to the public, and contains three or more separate apparatus intended for the recreation of children, such as slides, swing sets, and teeterboards. Premises. Real property and all buildings and appurtenances pertaining to the real property. Public or private youth center. Any recreational facility or gymnasium that is intended primarily for use by persons who are 17 years of age or younger and regularly provides athletic, civic, or cultural activities, whether publicly or privately owned or operated. Public park. Any premises designated by the town as parkland that is not on the premises of a school, that is intended for recreation, and that is open to the public. School. A private or public elementary or secondary school. Swimming pool. Any structure intended or used by the public for swimming or recreational bathing, regardless of size, and including in-ground, above-ground and on-ground swimming pools. The term shall not include swimming or bathing facilities located on private residential property which are not open for use by the public or swimming or bathing facilities located within an apartment or other multifamily housing complex. Temporary residence. A place where a person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person’s permanent residence, or a place where a person routinely abides, resides, or lodges for a period of 4 or more consecutive days or nonconsecutive days in any month and which is not the person’s permanent residence. Video arcade facility. Any facility that is open to the public, including persons who are 17 years of age or younger, is intended primarily for the use of pinball, video, or computer games and contains at least three pinball or video machines or computers for gaming uses. (Ordinance 2006-29, sec. II, adopted 8/21/06; 2006 Code, ch. 10, sec. 12.01) Sec. 8.06.002 Offenses For each person required to register on the state department of public safety’s sex offender database (the “database”) because of a violation involving a victim who was a minor, it is unlawful for that person to establish a permanent residence or temporary residence in the town within 1,000 feet of any premises where children commonly gather, including a public or private school, day care facility, public park, playground, public or private youth center, public Town Council Page 717 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-18 swimming pool, or video arcade facility. For the purposes of this article, planted street medians shall not be considered public parks. (Ordinance 2006-29, sec. II, adopted 8/21/06; 2006 Code, ch. 10, sec. 12.02) Sec. 8.06.003 Evidentiary matters; measurements (a) It shall be prima facie evidence that this article applies to a person if that person’s record, or records pertaining to that person, appear on the database and the database indicates that the victim was a minor. (b) For the purposes of determining the minimum distance separation, the 1,000-foot requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, or, in the case of multiple residences on one property, measuring from the nearest property line of the property where the multiple residences are situated to the nearest property line of the premises where children commonly gather. (c) A map depicting the prohibited areas identified pursuant to the terms of this article and as approved by the town council shall be maintained by the town. The town shall review the map at least annually for changes. The map will be available to the public at the town police department. A copy of the approved map is incorporated into this article as section 8.06.007 of this article, and such map may be amended from time to time through council approval. (Ordinance 2006-29, sec. II, adopted 8/21/06; 2006 Code, ch. 10, sec. 12.03) Sec. 8.06.004 Culpable mental state not required Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this article, and any offense shall be considered a strict liability offense. (Ordinance 2006-29, sec. II, adopted 8/21/06; 2006 Code, ch. 10, sec. 12.04) Sec. 8.06.005 Defenses It is an affirmative defense to the prosecution of an offense under this article that any of the following conditions apply: (1) The person required to register on the database established his/her permanent or temporary residence in the town prior to the effective date of this article, and has complied with all sex offender registration laws of the state. (2) The person required to register on the database is a minor, or was a minor when he/she committed the offense requiring such registration and was not convicted as an adult. (3) The premises where children commonly gather was opened or began to be used as such after the person established the permanent or temporary residence, and the person has complied with all sex offender registration laws of the state. Town Council Page 718 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-19 (4) The information in the database pertaining to that person is incorrect and, if corrected, this article would not apply to that person. (Ordinance 2006-29, sec. II, adopted 8/21/06; 2006 Code, ch. 10, sec. 12.05) Sec. 8.06.006 Penalty Any person violating the provisions of this article shall, upon conviction, be punished by a fine not to exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. (Ordinance 2006- 29, sec. II, adopted 8/21/06; 2006 Code, ch. 10, sec. 12.06) Sec. 8.06.007 Safety zone map (Ordinance 2006-29, ex. A, adopted 8/21/06; 2006 Code, ch. 10, sec. 12.07; Ordinance 2009-03, sec. II, adopted 2/16/09) ARTICLE 8.07 RESTRICTED SMOKING MATERIALS Sec. 8.07.001 Definitions Person. An individual or individuals, a sole proprietorship, a corporation, a partnership, a wholesaler, a retailer, an association, or any other legal entity. Town Council Page 719 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-20 Restricted smoking material. Any substance, however marketed or sold and regardless of product name, which can reasonably be converted for smoking purposes, whether it is presented as incense, tobacco, herbs, spices or any blend thereof, if it includes any of the following chemicals or a comparable chemical: (1) Salvia divinorum or salvinorin A; all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts; (2) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol (also known as CP47,497) and homologues; (3) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a- tetrahydrobenzo[c]chromen-1-ol (also known as HU-211 or Dexanabinol); (4) 1-pentyl-3-(1-naphthoyl)indole (also known as JWH-018); (5) 1-butyl-3-(1-naphthoyl)indole (also known as JWH-073); or (6) 1-pentyl-3-(4-methoxynaphthoyl) indole (also known as JWH-081). Restricted smoking material paraphernalia. Any paraphernalia, equipment or utensil that is used or intended to be used in ingesting or inhaling illegal smoking materials, including without limitation the following: (1) A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl; (2) A water pipe; (3) A carburetion tube or device; (4) A smoking or carburetion mask; (5) A chamber pipe; (6) A carburetor pipe; (7) An electric pipe; (8) An air-driven pipe; (9) A chillum; (10) A bong; or (11) An ice pipe or chiller. (Ordinance 2010-29, sec. 2 (14.01), adopted 10/18/10) Town Council Page 720 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-21 Sec. 8.07.002 Purpose; applicability (a) The purpose of this article is to prohibit the possession, sale, use, or delivery of restricted smoking materials within the town. Any form of delivery of a restricted smoking material, including, without limitation, a gift of such restricted smoking material, shall constitute a violation of this article. (b) Restricted smoking material is currently being marketed under the following commercial names: “K-2,” “K-2 Summit,” “K-2 Sex,” “Genie,” “Dascents,” “Zohai,” “Sage,” “Spice,” “KO Knock-Out 2,” “Spice Gold,” “Spice Diamond,” “Yucatan Fire,” “Solar Flare,” “Pep Spice,” “Fire N’ Ice,” and “Salvia Divinorum.” All such products are expressly designated as restricted smoking materials. (Ordinance 2010-29, sec. 2 (14.02), adopted 10/18/10) Sec. 8.07.003 Sale, delivery, offer or gift prohibited It shall be unlawful for a person to intentionally, knowingly, or recklessly sell, offer to sell, deliver, or give any restricted smoking material to any person. (Ordinance 2010-29, sec. 2 (14.03), adopted 10/18/10) Sec. 8.07.004 Use or possession prohibited It shall be unlawful for any person to intentionally, knowingly, or recklessly possess or use restricted smoking materials within the town. (Ordinance 2010-29, sec. 2 (14.04), adopted 10/18/10) Sec. 8.07.005 Use or possession of restricted smoking paraphernalia (a) It shall be unlawful for a person to intentionally, knowingly, or recklessly possess any restricted smoking paraphernalia with the intent to use, to ingest, to inhale or to otherwise consume such restricted smoking material. (b) It shall be a violation of this article if a person intentionally, knowingly, or recklessly possesses any restricted smoking paraphernalia and appropriate forensic testing identifies that a trace or other amount of restricted smoking material is present on or in the restricted smoking paraphernalia. (Ordinance 2010-29, sec. 2 (14.05), adopted 10/18/10) Sec. 8.07.006 Defenses (a) It shall be a defense under this article if the possession, sale, use, or delivery of the restricted smoking material is at the direction of or under a prescription issued by a licensed physician or dentist authorized to prescribe controlled substances within the state. (b) It shall be a defense under this article if a person charged with a violation provides proper and complete historic documentation that the use of restricted smoking materials is part of a Town Council Page 721 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-22 religious undertaking or activity of a religious denomination in which they have long-standing historic membership supported by documentation from clergy or a spiritual leader recognized by the state. (Ordinance 2010-29, sec. 2 (14.06), adopted 10/18/10) ARTICLE 8.08 ABANDONED OR JUNKED VEHICLES* Division 1. Generally Sec. 8.08.001 Definitions For the purposes of this article, the following definitions apply, to wit: Abandoned motor vehicle. A motor vehicle that is inoperable and more than five (5) years old and left unattended on public property for more than forty-eight (48) hours, or a motor vehicle that has remained illegally on public property for a period of more than forty-eight (48) hours, or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than forty-eight (48) hours, or a motor vehicle left unattended on the right-of-way of a designated county, state or federal highway within the town for more than forty-eight (48) hours, or that is abandoned as otherwise defined in state law. Antique auto. A passenger car or truck that is at least twenty-five (25) years old. Collector. The owner of one or more antique or special-interest vehicles who collects, purchases, acquires, trades or disposes of special interest or antique vehicles or parts of them for personal use in order to restore, preserve and maintain an antique or special interest vehicle for historic interest. Garagekeeper. An owner or operator of a motor vehicle storage facility or establishment for the servicing, repair or maintenance of a motor vehicle. Junked motor vehicle. A vehicle that is self propelled and: (1) Does not have lawfully attached to it: (A) An unexpired license plate; and (B) A valid motor vehicle inspection certificate; and (2) Is: (A) Wrecked, dismantled or partially dismantled, or discarded; or * State law reference–Regulation of abandoned and junked motor vehicles, V.T.C.A., Transportation Code, sec. 683.001 et seq. Town Council Page 722 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-23 (B) Inoperable and has remained inoperable for more than: (i) Seventy-two (72) consecutive hours, if the vehicle is on public property; or (ii) Thirty (30) consecutive days, if the vehicle is on private property. Motor vehicle. A self-propelled vehicle, as defined by the Texas Transportation Code. Police department. The police department of the town. Special interest vehicle. A motor vehicle of any age that has not been altered or modified from original manufacturer’s specifications and, because of its historic interest, is being preserved by hobbyists. Storage facility. A garage, parking lot, or any type of facility or establishment for the servicing, repairing, storage or parking of motor vehicles. Texas Transportation Code or Transportation Code. Any reference in this article to the Texas Transportation Code or Transportation Code shall include future amendments and revisions to that code. Vehicle. A device that can be used to transport or draw persons or property on a highway, as defined by the Texas Transportation Code. (Ordinance 92-14, sec. I, adopted 5/19/92; Ordinance 2006-25, sec. II, adopted 8/21/06; 2006 Code, ch. 8, sec. 4.01; Ordinance adopting Code) Sec. 8.08.002 Penalty It shall be unlawful for any person to violate any provision of this article, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not to exceed two hundred dollars ($200.00) for each offense, and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. (Ordinance 92-14, sec. I, adopted 5/19/92; Ordinance 2006-25, sec. II, adopted 8/21/06; 2006 Code, ch. 8, sec. 4.05) Sec. 8.08.003 Immediate removal of vehicles obstructing traffic This article shall not affect any law authorizing the immediate removal, as an obstruction to traffic, of a vehicle left on public property. (Ordinance 92-14, sec. I, adopted 5/19/92; Ordinance 2006-25, sec. II, adopted 8/21/06; 2006 Code, ch. 8, sec. 4.04) Secs. 8.08.004–8.08.030 Reserved Division 2. Abandoned Vehicles Sec. 8.08.031 Authority to take possession The police department may take into custody an abandoned motor vehicle found on public or private property. The police department may employ its own personnel, equipment and facilities, Town Council Page 723 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-24 or, when specifically authorized by the town council, hire persons, equipment, and facilities, to remove, preserve and store an abandoned motor vehicle it takes into custody. (2006 Code, ch. 8, sec. 4.02(A). See end of this division for full history for this division.) Sec. 8.08.032 Notice (a) In the event the police department takes into custody an abandoned motor vehicle, it shall notify not later than the tenth day after taking the motor vehicle into custody, by certified mail, the last known registered owner of the motor vehicle and all lienholders of record pursuant to section 683.012 of the Texas Transportation Code that the vehicle has been taken into custody. The notices shall describe the year, make, model and vehicle identification number of the abandoned motor vehicle, set forth the location on the facility where the motor vehicle, [sic] set forth the location of the facility where the motor vehicle is being held, and inform the owner and any lienholders of their right to reclaim the motor vehicle not later than the twentieth day after the date of the notice on payment of all towing, preservation and storage charges resulting from placing the vehicle in custody, or garagekeeper’s charges if applicable, or other applicable delinquent administrative penalty costs. The notice shall also state that the failure to reclaim the vehicle within the time provided constitutes a waiver by the owner and lienholders of all right, title and interest in the vehicle and their consent to the sale of the abandoned motor vehicle at a public auction. (b) If the identity of the last registered owner cannot be determined, if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and address of all lienholders, notice by one publication in one newspaper of general circulation in the town is sufficient notice. The notice by publication may contain multiple listings of abandoned vehicles, shall be published within the time requirements prescribed for notice by certified mail, and shall have the same contents required for a notice by certified mail. (2006 Code, ch. 8, sec. 4.02(B). See end of this division for full history for this division.) Sec. 8.08.033 Storage fees When the police department has taken custody of an abandoned motor vehicle, the town shall be entitled to reasonable storage fees for: (1) A period of not more than ten (10) days beginning on the day the department takes custody and continuing through the day the department mails notice as provided by this division; and (2) A period beginning on the day after the department mails notice and continuing through the day any accrued charges are paid and the vehicle is removed. (2006 Code, ch. 8, sec. 4.02(C). See end of this division for full history for this division.) Sec. 8.08.034 Sale at auction; use by police department If an abandoned motor vehicle has not been reclaimed as provided, the police department may sell the abandoned motor vehicle at a public auction or use the vehicle for agency purposes as allowed by section 683.016 of the Texas Transportation Code. Such auction shall be held as required by and in accordance with the provisions of section 683.014 of the Texas Transportation Code. If the police department elects to use the vehicle, the lieutenant shall auction the vehicle in Town Council Page 724 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-25 accordance with chapter 683 of the Transportation Code when the agency discontinues use of the vehicle. (2006 Code, ch. 8, sec. 4.02(D)(1). See end of this division for full history for this division.) Sec. 8.08.035 Vehicles left in storage facilities The disposition of abandoned motor vehicles left in storage facilities by garagekeepers shall be in accordance with section 683.031 et seq. of the Texas Transportation Code. (2006 Code, ch. 8, sec. 4.02(D)(2). See end of this division for full history for this division.) Sec. 8.08.036 Disposal to demolisher The disposition of abandoned motor vehicles to a demolisher and the duties of a demolisher with regard thereto shall be in accordance with section 683.051 et seq. of the Texas Transportation Code. (2006 Code, ch. 8, sec. 4.02(D)(3). See end of this division for full history for this division.) (Ordinance 92-14, sec. I, adopted 5/19/92; Ordinance 2006-25, sec. II, adopted 8/21/06; 2006 Code, ch. 8, sec. 4.02) Secs. 8.08.037–8.08.060 Reserved Division 3. Junked Vehicles Sec. 8.08.061 Declaration of nuisance; penalty (a) Vehicles visible from public street or right-of-way. A junked vehicle that is located in a place where it is visible from a public street or public right-of-way is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the town by producing urban blight adverse to the maintenance and continuing development of the town, and is a public nuisance. (b) Vehicles visible only from private property. A junked vehicle that is located in a place where it is visible only from private property is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the town by producing urban blight adverse to the maintenance and continuing development of the town, and is a nuisance. The provisions of section 8.08.063 relating to abatement of nuisances shall not be applicable to a junked vehicle visible only from private property. For purposes of enforcement of this subsection (b), a complaint may be filed in the municipal court of the town, and the town may pursue any remedy it may have, whether at law or in equity, to ensure compliance with this article. (c) Offenses. A person commits an offense if that person maintains such a public nuisance or nuisance on property owned by him or under his control. Town Council Page 725 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-26 (d) Penalty. A person who commits an offense under this section is, on conviction, subject to a fine not to exceed two hundred dollars ($200.00). On conviction, the court shall order removal and abatement of the nuisance. (2006 Code, ch. 8, sec. 4.03(A). See end of this division for full history for this division.) Sec. 8.08.062 Abatement notice (a) Vehicles on private property. In the event a junked vehicle constituting a public nuisance is found on private property, the town shall notify the last known registered owner of the junked vehicle, each lienholder of record and the owner or occupant of the private property on which the public nuisance exists, in writing, by certified mail with a five (5) day return requested, which notice shall state the nature of the public nuisance, that such public nuisance must be removed and abated from such private property within ten (10) days, and that a request for a hearing must be made before expiration of the ten (10) day period. If the post office address of the last known registered owner of the vehicle is unknown, notice to the last known registered owner may be placed on the motor vehicle, or, if the last known registered owner is physically located, the notice may be hand delivered. If the notice is returned undelivered by the United States post office, official action to abate the nuisance shall be continued to a date not less than eleven (11) days after the date of the return. (b) Vehicles on public property. In the event a junked vehicle constituting a public nuisance is found on public property, notice in writing must be mailed, by certified mail with a five (5) day return requested, to the last known owner or occupant of the junked motor vehicle, to any lienholder of record and to the owner or occupant of the public premises or to the owner or occupant of the public premises [sic] or to the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists, which shall state the nature of the public nuisance on public property or on a public right-of-way, that the nuisance must be removed and abated within ten (10) days, and that a request for a hearing must be made before expiration of the ten (10) day period. If the post office address of the last known registered owner of the motor vehicle is unknown, notice to the last known registered owner may be placed on the motor vehicle, or, if the last known registered owner is physically located, the notice may be hand delivered. If the notice is returned undelivered by the United States post office, official action to abate the nuisance shall be continued to a date not less than eleven (11) days after the date of the return. (2006 Code, ch. 8, sec. 4.03(B). See end of this division for full history for this division.) Sec. 8.08.063 Abatement procedures (a) Public hearing. (1) A public hearing shall be held before the municipal judge of the town before the removal of a vehicle or vehicle part constituting a public nuisance if such a hearing is requested by the owner or occupant of the private or public premises or by the owner or occupant of the premises adjacent to the public right-of-way on which the vehicle is located, within eleven (11) days after service of the notice to abate the nuisance. At the hearing, it is presumed, unless demonstrated otherwise by the owner, that the vehicle is inoperable. If, after such public hearing, the municipal judge determines that the vehicle or vehicle part is a public nuisance as defined herein, he shall enter an order requiring the removal of such vehicle or vehicle part and shall in such order Town Council Page 726 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-27 include a description of the vehicle and the correct identification number and license number of the vehicle if the information is available at the site. (2) If such a public hearing is not requested, the municipal judge shall nevertheless conduct a public [hearing] relative to the removal and abatement of the nuisance. If, after such public hearing, the municipal judge determines that the vehicle or vehicle part is a public nuisance as defined herein, he shall enter an order as outlined in subsection (a)(1) of this section. In addition, the town may file a complaint in an appropriate court seeking injunctive relief and/or any other legal remedy available to it. (b) Notice to state. In the event of removal of a junked vehicle as provided herein, notice shall be given to the state department of transportation not later than the fifth (5th) day after the date of removal. Such notice must identify the vehicle or vehicle part. (c) Vehicles not to be made operable after removal. Any junked vehicle constituting a nuisance hereunder which is removed from either private or public property shall not be reconstructed or made operable after removal. (d) Relocation of vehicle. The relocation of a junked vehicle that is a public nuisance to another location within the town after a proceeding for abatement and/or removal has been commenced shall have no effect if the junked vehicle constitutes a public nuisance at the new location. (2006 Code, ch. 8, sec. 4.03(C). See end of this division for full history for this division.) Sec. 8.08.064 Exceptions The procedures of this division shall not apply to a vehicle or vehicle part that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, a vehicle or vehicle part that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or an unlicensed operable or inoperable antique or special interest vehicle stored by a collector on the collector’s property, if the vehicle and the outdoor storage area are maintained in a manner so that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery, or other appropriate means. (2006 Code, ch. 8, sec. 4.03(D). See end of this division for full history for this division.) Sec. 8.08.065 Authority to enforce The chief of police, town building official, code enforcement officer or their respective designees shall be and are hereby authorized to administer the terms of this article and such other persons [sic] may enter private property for the purposes specified herein to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle, and remove or cause the removal of a vehicle or vehicle part and shall be authorized to issue orders necessary to enforce the procedures of this division. (2006 Code, ch. 8, sec. 4.03(E). See end of this division for full history for this division.) (Ordinance 92-14, sec. I, adopted 5/19/92; Ordinance 2006-25, sec. II, adopted 8/21/06; 2006 Code, ch. 8, sec. 4.03) Town Council Page 727 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-28 ARTICLE 8.09 WEEDS, REFUSE OR OTHER OBJECTIONABLE MATTER* Sec. 8.09.001 Prohibited conditions on private property (a) It shall be unlawful for any person, firm, corporation, partnership, sole proprietorship or any other entity recognized in law owning, leasing, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the town, to permit or allow: (1) Grass or weeds to grow or brush to grow to accumulate to a height greater than twelve (12) inches upon any such real property; or (2) Any trash, rubbish or any other type of objectionable material or unsightly matter (including, without way of limitation, stacks of old lumber, scrap materials, demolished or partly demolished buildings or structures, piles of stones, bricks or broken rock, or fence panels) to accumulate on such property, notwithstanding such persons did not permit such accumulation upon such property. (b) With respect to lots, tracts or parcels of land of two (2) or more acres under single ownership, the provisions of this section shall be applicable to the entire lot, tract or parcel of land; provided, however, that in the event any such lot, tract or parcel of land is regularly cultivated, only that area of the lot, tract or parcel of land within one hundred feet (100') from any adjacent property under different ownership and any adjacent or contiguous right-of-way, alley, utility easement or other public right-of-way shall comply with terms of subsection (a) of this section. Property lying more than one hundred feet (100') north of the north right-of-way line of Marshall Creek Road shall not be subject to the requirements of subsection (a) of this section. (Ordinance 87-05A, sec. I, adopted 5/7/96; Ordinance 97-08, sec. I, adopted 3/18/97; 2006 Code, ch. 8, sec. 3.01) Sec. 8.09.002 Prohibited conditions in area between property line and street It shall be unlawful for any person, firm, corporation, partnership, sole proprietorship or any other entity recognized in law owning, leasing, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the town, to permit or allow: (1) Grass or weeds to grow in or brush to accumulate along, upon or across the area between the property line and the curb line of a street or alley, or, if there is no curb, between the property line and the pavement of a street or alley or traveled way, to a height greater than twelve inches (12"); or (2) Any trash, rubbish or any other type of objectionable material or unsightly matter (including, without way of limitation, stacks of old lumber, scrap materials, demolished or partly demolished buildings or structures, piles of stones, bricks or * State law reference–Local regulation of sanitation, V.T.C.A., Health and Safety Code, sec. 342. Town Council Page 728 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-29 broken rock, or fence panels) to accumulate or to be present in, along, upon or across the areas identified in subsection (1) of this section. (Ordinance 87-05A, sec. I, adopted 5/7/96; Ordinance 97-08, sec. I, adopted 3/18/97; 2006 Code, ch. 8, sec. 3.02) Sec. 8.09.003 Removal It shall be the duty of any person, firm, corporation, partnership, sole proprietorship or other entity recognized in law owning, leasing, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the town to cut or cause to be cut, and remove or cause to be removed, all such grass, weeds, brush and other objectionable or unsightly matter as may be necessary to comply with this article. (Ordinance 87-05, sec. 3, adopted 2/23/87; 2006 Code, ch. 8, sec. 3.03) Sec. 8.09.004 Objectionable and unsightly vegetation defined All vegetation not regularly cultivated and which exceeds twelve inches (12") in height shall be presumed to be objectionable and unsightly, except that regularly cultivated crops will not be allowed to grow within the right-of-way of any public street, alley, easement or other public right-of-way but shall be kept mowed or cut back as provided above. (Ordinance 87-05, sec. 4, adopted 2/23/87; 2006 Code, ch. 8, sec. 3.04) Sec. 8.09.005 Notice of violation; performance of work by town (a) In the event that any person, corporation, partnership, sole proprietorship or other entity recognized in law owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the town fails to comply with the provisions of this article, the town may give at least ten (10) days’ notice in writing to such person of the violation of this article. Such notice must be given: (1) Personally to the owner in writing; (2) By letter addressed to the owner at the owner’s post office address or to the owner’s address shown on the last approved tax rolls of the town; or (3) If personal service cannot be obtained or the owner’s post office address is unknown: (A) By publication at least twice within ten (10) consecutive days; (B) By posting the notice on or near the front door of each building to which the violation relates; or (C) By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no building. (b) If the owner of property fails or refuses to comply with the provisions of this article within ten (10) days of notice of a violation, the town may go upon such property and do so or cause to be done the work necessary to obtain compliance with this article, and may pay for the work done or improvements made and charge the expenses incurred in doing or having same done to the owner of such property. Town Council Page 729 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-30 (c) The town may, in the notice of a violation, inform the owner by certified mail, return receipt requested, that if the owner of the property commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the town without further notice may correct the violation at the owner’s expense and assess the expense against the property. (Ordinance 87-05, sec. 5, adopted 2/23/87; Ordinance 97-08, sec. I, adopted 3/18/97; 2006 Code, ch. 8, sec. 3.05) Sec. 8.09.006 Assessment of town’s expenses In addition to the administrative fee provided for under section A1.011 of the fee schedule in appendix A of this code, the charges provided for in this article shall be levied, assessed and collected by the town. In the event the owner of said premises upon which work was done and charges were incurred fails or refuses to pay such charges and expenses within thirty (30) days after the first day of the month following the one in which the work was done, the mayor shall file with the county clerk of Denton or Tarrant County a statement by the town secretary setting out the expenses that the town has incurred pursuant to the provisions of this article, and the mayor shall thereby perfect a privileged lien on the property involved, second only to tax liens and liens for street improvements, to secure the expense incurred, together with ten percent (10%) interest from the date such payment was due. For any such expenditures and interest, as aforesaid, suit may be instituted and foreclosure had in the name of the town, and the statement so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for any such work or improvements. (2006 Code, ch. 8, sec. 3.06(A); Ordinance adopting Code. See end of the next section for full history for this section.) Sec. 8.09.007 Abatement of weeds without prior notice (a) Authorized. The town shall abate, without notice, weeds that: (1) Have grown higher than forty-eight inches (48"); and (2) Are an immediate danger to the health, life, or safety of any person. (b) Notice required. Not later than the tenth day after the date the town abates weeds under this section, the town shall give notice to the property owner in the manner required by section 8.09.005(a). (c) Contents of notice. The notice shall contain: (1) An identification, which is not required to be a legal description, of the property; (2) A description of the violations of this article that occurred on the property; (3) A statement that the town abated the weeds; and (4) An explanation of the property owner’s right to request an administrative hearing about the town’s abatement of the weeds. Town Council Page 730 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 8: Offenses and Nuisances 8-31 (d) Right to hearing. The town manager or the manager’s designee shall conduct an administrative hearing on the abatement of weeds under this section if, not later than the thirtieth day after the date of the abatement of the weeds, the property owner files with the town a written request for a hearing. (e) Conduct of hearing. An administrative hearing conducted under this section shall be conducted not later than the twentieth day after the date a request for a hearing is filed. The owner may testify or present any witnesses or written information relating to the town’s abatement of the weeds. (f) Assessment of town’s expenses. The town may assess expenses and create liens under this section as it assesses expenses and creates liens under other provisions of this article. A lien created under this section is subject to the same conditions as a lien created under section 8.09.006. (g) Authority additional. The authority of the town described by this section is in addition to the authority granted by section 8.09.005. (Ordinance 87-05, sec. 6, adopted 2/23/87; Ordinance 97-08, sec. I, adopted 3/18/97; 2006 Code, ch. 8, sec. 3.06(B)–(H)) State law reference–Additional authority to abate dangerous weeds without notice, V.T.C.A., Health and Safety Code, sec. 342.008. Sec. 8.09.008 Requirements prior to filing of complaint or other legal action Notwithstanding the provisions of section 8.09.005 of this article (notice of violation), the town shall, prior to filing a complaint in the town municipal court or seeking injunctive or other legal relief, be required to give only one (1) notice in writing to any person, corporation, partnership, sole proprietorship or other entity recognized in law owning, claiming, occupying or having supervision or control of any property, occupied or unoccupied, improved or unimproved, within the corporate limits of the town, of a violation of this article. The notice may state in part that a violation of this article has occurred, and that, if the violation is not abated within ten (10) days of the date of the notice, a complaint will be filed in the town municipal court, and that, if future violations occur, notice of the violation will not be given prior to a complaint being filed in the town’s municipal court or other legal action being taken to abate the violation. (Ordinance 87-05, sec. 7, adopted 2/23/87; 2006 Code, ch. 8, sec. 3.07) Sec. 8.09.009 Penalty It shall be unlawful for any person to violate any provision of this article, and any person violating or failing to comply with any provision of this article shall be fined, upon conviction, an amount not to exceed 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. (Ordinance 87- 05, sec. 8, adopted 2/23/87; Ordinance 98-28, sec. 7, adopted 10/20/98; 2006 Code, ch. 8, sec. 3.08) Town Council Page 731 of 1236 Meeting Date: February 9, 2016 Town Council Page 732 of 1236 Meeting Date: February 9, 2016 9-1 CHAPTER 9 PERSONNEL ARTICLE 9.01 GENERAL PROVISIONS.................................................................................9-7 ARTICLE 9.02 RESPONSE TO EMERGENCY SITUATIONS................................................9-7 Sec. 9.02.001 Generally...............................................................................................9-7 Sec. 9.02.002 Emergency roadway access...................................................................9-7 ARTICLE 9.03 LEGAL DEFENSE AND INDEMNIFICATION..............................................9-7 Sec. 9.03.001 Purpose..................................................................................................9-7 Sec. 9.03.002 Definitions.............................................................................................9-7 Sec. 9.03.003 Right to indemnification........................................................................9-8 Sec. 9.03.004 Representation in actions.......................................................................9-8 Sec. 9.03.005 Town’s defenses....................................................................................9-9 Sec. 9.03.006 Notice requirement................................................................................9-9 Sec. 9.03.007 Disciplinary action.................................................................................9-9 Sec. 9.03.008 Suits by or on behalf of town................................................................9-9 Sec. 9.03.009 Exclusions.............................................................................................9-9 ARTICLE 9.04 TEXAS MUNICIPAL RETIREMENT SYSTEM...........................................9-10 Sec. 9.04.001 Ordinances on file................................................................................9-10 ARTICLE 9.05 POLICE............................................................................................................9-10 Division 1. Generally...............................................................................................................9-10 Sec. 9.05.001 Office of marshal abolished.................................................................9-10 Division 2. Police Department................................................................................................9-11 Sec. 9.05.031 Created.................................................................................................9-11 Sec. 9.05.032 Qualifications of officers.....................................................................9-11 Sec. 9.05.033 Chief of police.....................................................................................9-11 Sec. 9.05.034 Duties...................................................................................................9-11 Division 3. Police Reserve......................................................................................................9-12 Sec. 9.05.061 Creation...............................................................................................9-12 Sec. 9.05.062 Authority of chief of police.................................................................9-12 Sec. 9.05.063 Qualifications of members..................................................................9-12 Sec. 9.05.064 Duties...................................................................................................9-13 Sec. 9.05.065 Appointment of members; termination of membership......................9-13 [Next page is 9-7.] Town Council Page 733 of 1236 Meeting Date: February 9, 2016 Town Council Page 734 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 9: Personnel 9-7 ARTICLE 9.01 GENERAL PROVISIONS* (Reserved) ARTICLE 9.02 RESPONSE TO EMERGENCY SITUATIONS Sec. 9.02.001 Generally Every officer, agent or employee of the town, while responding to emergency situations, is hereby authorized to act in such a manner as to most effectively deal with the emergency. This provision shall prevail over every other ordinance of the town and, to the extent to which the town, the agent [or the employee] has the authority to so authorize, over any other law establishing a standard of care in conflict with this section. Neither the town, the agent, nor the employee shall be liable for any failure to use ordinary care in such emergency. (Ordinance 92- 15, sec. I, adopted 5/19/92; 2006 Code, ch. 10, sec. 7.1(A)) Sec. 9.02.002 Emergency roadway access In the event that an emergency situation, man-made or natural, prevents emergency responders from accessing any location in the town where their services are needed, authorized emergency responders may take all necessary action, including but not limited to utilizing private streets, drives, or other private property, to access a location(s) as they determine necessary to provide emergency services. Emergency situations include all force majeure, including but not limited to inclement weather, snow or ice accumulations, downed power lines or trees or other catastrophic events. The town emergency management coordinator, or designee, is authorized to direct any town employee, agent, or officer to utilize town services and assets to take all action necessary to provide emergency services, including but not limited to removal of downed trees, power lines, or other obstructions, sanding private roads or drives, or other actions as deemed necessary and appropriate. (Ordinance 2011-23 adopted 6/20/11) ARTICLE 9.03 LEGAL DEFENSE AND INDEMNIFICATION† Sec. 9.03.001 Purpose A necessity exists for the town’s provision of legal defense and indemnification of town officers and employees. (Ordinance 2008-14, sec. II, adopted 5/19/08; 2006 Code, ch. 1, sec. 15.01) Sec. 9.03.002 Definitions Course and scope of employment with or service for the town. Any act or omission which is performed while an officer or employee is carrying out official business of the town pursuant to * Charter references–Interference by council in appointments or removals by town manager, section 3.13; bonds for employees, section 3.18; administrative services, article IV; town manager, section 4.02 et seq.; town secretary, section 4.07 et seq.; town attorney, section 4.14 et seq.; personal financial interest, section 4.17; accepting gifts, etc., section 4.18. † Charter reference–Indemnification of officers, section 3.21. State law reference–Texas Tort Claims Act, V.T.C.A., Civil Practice and Remedies Code, ch. 101. Town Council Page 735 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 9: Personnel 9-8 the direction of the town council or town manager, or pursuant to and in accordance with his or her duties as an officer or employee of the town. Officer or employee. A member of the town council, whether presently or formerly serving, and his or her estate; a person appointed by the town council to any town position, including, without limitation, a board, commission, committee or to a paid position, whether presently or formerly serving, and his or her estate; and any other officer, volunteer, or employee of the town, whether presently or formerly serving, and his or her estate. (Ordinance 2008-14, sec. II, adopted 5/19/08; 2006 Code, ch. 1, sec. 15.02) Sec. 9.03.003 Right to indemnification (a) Except as specifically provided in this article, any officer or employee who is found and finally adjudged to be liable for the payment of any claim for damages arising out of the course and scope of employment with or service for the town shall be entitled to be indemnified for such damages to the extent permitted by law, together with any reasonable and necessary legal expenses incurred by such officer or employee in defending such claim, provided that the acts or omissions resulting in such liability were done in good faith and without malicious or felonious intent. (b) For the purposes of this article, any act or omission which occurs during a period of time in which the officer or employee is engaged in outside employment or outside personal or political activities, or is rendering contractual services to someone other than the town, is not an act or omission arising out of the course and scope of employment with or service for the town and therefore shall not be covered by the indemnification provided by this article. (c) Whether the acts were done in good faith, without malicious or felonious intent, and within the course and scope of employment with or service for the town shall be determined by the town council, and such determination shall be final for the purposes of the representation and indemnity of this article; provided, however, that in the event such representation and indemnity have been denied by the town, [and] upon a trial on the merits it is determined that the officer or employee was acting in good faith, without malicious or felonious intent and within the scope of employment with or service for the town, the indemnification hereunder shall be granted and reasonable legal expenses incurred in the defense of the claim reimbursed. The town reserves the right to assert any defense and make any settlement of any claim or suit that it deems expedient. (d) Notwithstanding the foregoing, the town council shall have the authority to deny indemnification provided under this article to any officer or employee who has failed to successfully complete training required by state law, ordinance, town policy or town council directive if the council determines that the suit or claim would not have arisen had the officer or employee successfully completed the required training. (Ordinance 2008-14, sec. II, adopted 5/19/08; 2006 Code, ch. 1, sec. 15.03) Sec. 9.03.004 Representation in actions The town shall have the right and duty to provide legal representation through the town attorney, or in its discretion through the selection of outside legal counsel, to any officer or employee sued in connection with any claim for damages, other civil action, or alleged violation of civil rights with criminal sanctions, against such person arising out of the course and scope of employment Town Council Page 736 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 9: Personnel 9-9 with or service for the town, provided that such officer or employee may be entitled to indemnification as set forth in this article. Such legal representation shall be provided at no cost to the officer or employee, and any officer or employee may have his or her own counsel assist in the defense at the sole expense of the officer or employee. The officer or employee shall cooperate fully with the town in preparation and presentation of the case, and the failure to cooperate shall waive such officer’s or employee’s right to representation and indemnity under this section. (Ordinance 2008-14, sec. II, adopted 5/19/08; 2006 Code, ch. 1, sec. 15.04) Sec. 9.03.005 Town’s defenses Nothing in this article shall be construed as waiving the town’s defense of governmental immunity to it or its officers or employees in any action brought against the town or such officer or employee. For any suit or claim arising under the Texas Tort Claims Act, the indemnity provided by this article shall be limited to the statutory limits applicable to the town provided in said act, as amended. The town shall not be liable for any settlement of any such claim or suit effected without its consent. (Ordinance 2008-14, sec. II, adopted 5/19/08; 2006 Code, ch. 1, sec. 15.05) Sec. 9.03.006 Notice requirement The provisions of this article shall apply only where the town has been given notice of the action or claim brought against any town officer or employee within ten (10) days of service of process or notice of such claim upon the officer or employee. (Ordinance 2008-14, sec. II, adopted 5/19/08; 2006 Code, ch. 1, sec. 15.06) Sec. 9.03.007 Disciplinary action Nothing in this article shall prevent the town from taking disciplinary action against any officer or employee for conduct defended or indemnified by the town under this article, either before or after conclusion of the civil suit. (Ordinance 2008-14, sec. II, adopted 5/19/08; 2006 Code, ch. 1, sec. 15.07) Sec. 9.03.008 Suits by or on behalf of town Nothing in this article shall require the town to indemnify any officer or employee for recoveries made against him or her in suits by or on behalf of the town. The town council may, however, authorize the town attorney to represent any officer or employee in a suit brought by a taxpayer in behalf of the town against the officer or employee. (Ordinance 2008-14, sec. II, adopted 5/19/08; 2006 Code, ch. 1, sec. 15.08) Sec. 9.03.009 Exclusions (a) Generally. This indemnity shall in no event apply to or cover damages awarded against an employee: (1) That arise from a cause of action for official misconduct; (2) That arise from a cause of action involving a willful or wrongful act or omission or an act or omission constituting gross negligence; Town Council Page 737 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 9: Personnel 9-10 (3) That arise out of the intentional or knowing violation of any penal statute or ordinance; (4) That arise out of any conduct determined by final judgment to be an act of fraud or to have been taken with the intent to deceive or defraud; (5) That arise out of any personal or private business of such officer or employee; (6) For any willful or wrongful act or omission of such officer or employee; or (7) For any criminal misconduct or any other damages expressly excluded by the town’s charter, town ordinance, or state law. (b) Insurance coverage. This indemnity shall in no event apply to or cover damages awarded against an officer or employee to the extent that the damages are recoverable under an insurance contract, insurance policy or self-insurance plan maintained by the town. (c) Punitive or exemplary damages. This indemnity shall in no event apply to or cover punitive or exemplary damages where such damages are not recoverable in law or equity against the town. (Ordinance 2008-14, sec. II, adopted 5/19/08; 2006 Code, ch. 1, sec. 15.09) ARTICLE 9.04 TEXAS MUNICIPAL RETIREMENT SYSTEM* Sec. 9.04.001 Ordinances on file State law pertaining to the Texas Municipal Retirement System codified as V.T.C.A., Government Code, chapter 851 et seq. is hereby adopted by reference. The specific ordinances providing for participation in the Texas Municipal Retirement System, as adopted by the town, are not included in this article, but they are hereby specifically saved from repeal and shall be maintained on file in the office of the town secretary. (Ordinance adopting Code) ARTICLE 9.05 POLICE† Division 1. Generally Sec. 9.05.001 Office of marshal abolished The office of town marshal is hereby abolished, and the duties of such office are conferred on the chief of police. (Ordinance 90-15, sec. VI, adopted 10/24/90; 2006 Code, ch. 10, sec. 1.06) Secs. 9.05.002–9.05.030 Reserved * State law reference–Texas Municipal Retirement System generally, V.T.C.A., Government Code, ch. 851 et seq. † State law references–Police force in home-rule municipality, V.T.C.A., Local Government Code, sec. 341.003; commission on law enforcement officer standards and education, V.T.C.A., Occupations Code, ch. 1701. Town Council Page 738 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 9: Personnel 9-11 Division 2. Police Department Sec. 9.05.031 Created There is hereby created a police department of the town, at the head of which shall be the chief of police. The police department shall be composed of the chief of the police department and other employees pursuant to the adopted budget. (Ordinance 90-15, sec. I, adopted 10/24/90; 2006 Code, ch. 10, sec. 1.01; Ordinance adopting Code) Sec. 9.05.032 Qualifications of officers No person will be certified as a chief of police or police officer who has not complied with all requirements established by the state for peace officers and by the town acting through the chief of police. (Ordinance 90-15, sec. II, adopted 10/24/90; 2006 Code, ch. 10, sec. 1.02) Sec. 9.05.033 Chief of police (a) Powers and duties. The chief of police shall be the chief law enforcement officer of the town. He or she shall: (1) Organize and administer the police department in conformity with the codes of the town and the constitution and laws of the state and the United States; (2) Have immediate direction and control of the police department, subject to the supervision of the town manager; (3) Consistent with policies and procedures established by the town manager, promulgate all orders, rules and regulations for government of the police force; (4) Appoint and discipline police officers and other employees of the police department, who shall serve as at-will employees of the town; (5) Have the same powers in the town as the sheriffs of Denton and Tarrant Counties for the prevention and suppression of crime, the arrest of offenders, the execution of arrest warrants, search warrants and other writs; and (6) Perform such other duties as may be required by the town manager or designee. (b) Employment at-will. The chief of police shall be an at-will employee of the town, appointed by and shall serve at the pleasure of the town manager, which may terminate his or her service at any time. (Ordinance 90-15, sec. III, adopted 10/24/90; 2006 Code, ch. 10, sec. 1.03; Ordinance adopting Code) Sec. 9.05.034 Duties (a) The chief of police and all officers of the police department shall be and they are hereby vested with all the power and authority given to them as peace officers under the laws of the state, Town Council Page 739 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 9: Personnel 9-12 federal law, and the codes and regulations of the town, and it shall be the duty of each such officer: (1) To use his or her best endeavors to prevent the commission within the town of offenses against the laws of the state or the federal government, and against the codes and regulations of the town; (2) To observe and enforce all such laws, codes and regulations; (3) To detect and arrest offenders against the same; and (4) To preserve the public peace, health and safety. (b) All police officers shall execute any criminal warrant, warrants of arrest, and any writ, subpoenas or other process that may be placed in their hands by duly constituted authorities. (Ordinance 90-15, sec. IV, adopted 10/24/90; 2006 Code, ch. 10, sec. 1.04) Secs. 9.05.035–9.05.060 Reserved Division 3. Police Reserve* Sec. 9.05.061 Creation There is hereby created an auxiliary police force to be known as the police reserve. (Ordinance 90-15, sec. V, adopted 10/24/90; 2006 Code, ch. 10, sec. 1.05(A)) Sec. 9.05.062 Authority of chief of police The chief of police shall be the head of the police reserve, and the members of the reserve shall be under the authority, control and command of the chief of police subject to all provisions of the codes of the town and laws of this state. The chief of police may, by order, establish rules and regulations to govern the police reserve force, to fix specific duties of its members and to provide for the maintenance of discipline. He or she may change such orders from time to time, and may command members of the police reserve force to obey the instructions of regular police officers in carrying out their orders. (Ordinance 90-15, sec. V, adopted 10/24/90; 2006 Code, ch. 10, sec. 1.05(B)) Sec. 9.05.063 Qualifications of members Members of the police reserve shall comply with the standards as set forth by the state commission on law enforcement officer standards and education prior to appointment. Additional standards may be set by the chief of police. (Ordinance 90-15, sec. V, adopted 10/24/90; 2006 Code, ch. 10, sec. 1.05(C)) * State law reference–Authority to provide for police reserve force, V.T.C.A., Local Government Code, sec. 341.012. Town Council Page 740 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 9: Personnel 9-13 Sec. 9.05.064 Duties The duties of the police reserve force, subject at all times to the direction, supervision and control of the chief of police, shall be to assist the regular members of the police department in the enforcement of law and maintenance of peace and order during periods of emergencies designated by the chief of police. All members of the police reserve force shall be subject to all rules, policies and regulations governing the conduct and operations of regular police officers. The chief of police may prescribe other duties than those mentioned herein to be performed by the police reserve force. (Ordinance 90-15, sec. V, adopted 10/24/90; 2006 Code, ch. 10, sec. 1.05(D)) Sec. 9.05.065 Appointment of members; termination of membership Members of the police reserve shall be appointed by the chief of police, to serve at his or her discretion, and any member may resign from the police reserve at any time, but it shall be his or her duty to notify the chief of police of his or her resignation. (Ordinance 90-15, sec. V, adopted 10/24/90; 2006 Code, ch. 10, sec. 1.05(E)) Town Council Page 741 of 1236 Meeting Date: February 9, 2016 Town Council Page 742 of 1236 Meeting Date: February 9, 2016 10-1 CHAPTER 10 SUBDIVISION REGULATION ARTICLE 10.01 GENERAL PROVISIONS.............................................................................10-7 ARTICLE 10.02 SUBDIVISION ORDINANCE......................................................................10-7 Division 1. Generally...............................................................................................................10-7 Sec. 10.02.001 Title.....................................................................................................10-7 Sec. 10.02.002 Authority.............................................................................................10-7 Sec. 10.02.003 Purpose................................................................................................10-7 Sec. 10.02.004 Conditions...........................................................................................10-8 Sec. 10.02.005 Jurisdiction..........................................................................................10-8 Sec. 10.02.006 Consistency with plans and ordinances...............................................10-8 Sec. 10.02.007 Special provisions................................................................................10-9 Sec. 10.02.008 Interpretation; conflict.........................................................................10-9 Sec. 10.02.009 Amendments......................................................................................10-10 Sec. 10.02.010 Penalty...............................................................................................10-10 Division 2. Definitions..........................................................................................................10-10 Sec. 10.02.031 Generally...........................................................................................10-10 Sec. 10.02.032 Definitions.........................................................................................10-10 Division 3. General Plat Submittal Requirements.................................................................10-17 Sec. 10.02.061 Requirements to plat..........................................................................10-17 Sec. 10.02.062 Preliminary conference......................................................................10-18 Sec. 10.02.063 Plat submittal.....................................................................................10-18 Sec. 10.02.064 Approval procedure–Overview.........................................................10-18 Sec. 10.02.065 Criteria for plat approval...................................................................10-19 Sec. 10.02.066 Staff review of plat application.........................................................10-20 Sec. 10.02.067 Preliminary plats................................................................................10-20 Sec. 10.02.068 Final plats..........................................................................................10-24 Sec. 10.02.069 Vacation instrument, replatting and amended plats...........................10-28 Sec. 10.02.070 Short form plats.................................................................................10-31 Sec. 10.02.071 Dedication.........................................................................................10-33 Sec. 10.02.072 Provision of utility service.................................................................10-33 Sec. 10.02.073 Undergrounding of utilities...............................................................10-34 Division 4. Improvements Generally.....................................................................................10-35 Sec. 10.02.101 Responsibility for construction..........................................................10-35 Sec. 10.02.102 Prior approval of engineering designs...............................................10-35 Sec. 10.02.103 Inspections.........................................................................................10-35 Sec. 10.02.104 As-built plans....................................................................................10-36 Sec. 10.02.105 Engineer’s certificate.........................................................................10-36 Division 5. Specifications for Improvements........................................................................10-36 Sec. 10.02.131 Generally...........................................................................................10-36 Sec. 10.02.132 Blocks................................................................................................10-37 Sec. 10.02.133 Lots....................................................................................................10-37 Sec. 10.02.134 Streets................................................................................................10-37 Town Council Page 743 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-2 Sec. 10.02.135 Sidewalks and extra-width paths.......................................................10-42 Sec. 10.02.136 Storm drainage..................................................................................10-43 Sec. 10.02.137 Water, sewer and fire.........................................................................10-43 Sec. 10.02.138 Utility easements...............................................................................10-43 Sec. 10.02.139 Monuments........................................................................................10-44 Sec. 10.02.140 Natural tree and ground cover...........................................................10-44 Division 6. Enforcement........................................................................................................10-45 Sec. 10.02.171 Generally...........................................................................................10-45 Sec. 10.02.172 Penalty for violators of regulations...................................................10-45 Sec. 10.02.173 Town attorney’s authority.................................................................10-45 Sec. 10.02.174 Waivers to subdivision regulations....................................................10-45 Division 7. Developer’s Agreement, Financial Assurance and Construction Contracts for Public Improvements.........................................................................................................10-47 Sec. 10.02.201 Procedures.........................................................................................10-47 Sec. 10.02.202 Performance bonds, payment bonds, maintenance bonds and financial assurances.........................................................................10-47 Sec. 10.02.203 Inspections and approval of public improvements............................10-49 Sec. 10.02.204 Deferral or waiver of required improvements...................................10-49 Sec. 10.02.205 General construction requirements....................................................10-50 Sec. 10.02.206 Approval of work..............................................................................10-50 Sec. 10.02.207 Ownership and maintenance of completed public facilities..............10-50 Sec. 10.02.208 Refund to developer from future connection to sanitary sewer system..............................................................................................10-50 Division 8. Tree Preservation and Removal..........................................................................10-51 Sec. 10.02.241 Definitions.........................................................................................10-51 Sec. 10.02.242 Parks and recreation board to serve as tree board.............................10-52 Sec. 10.02.243 Tree preservation...............................................................................10-53 Sec. 10.02.244 Information assistance.......................................................................10-55 Sec. 10.02.245 Protected trees...................................................................................10-55 Sec. 10.02.246 Specimen trees...................................................................................10-57 Sec. 10.02.247 Majestic or historic trees...................................................................10-58 Sec. 10.02.248 Tree removal and replacement..........................................................10-58 Sec. 10.02.249 Tree protection measures...................................................................10-63 Sec. 10.02.250 Tree permits.......................................................................................10-64 Sec. 10.02.251 Land-disturbing activities..................................................................10-67 Sec. 10.02.252 Appeals..............................................................................................10-70 ARTICLE 10.03 PARKLAND DEDICATION AND OPEN SPACE.....................................10-70 Sec. 10.03.001 Purpose..............................................................................................10-70 Sec. 10.03.002 Dedication procedures.......................................................................10-71 Sec. 10.03.003 Money in lieu of land........................................................................10-71 Sec. 10.03.004 Additional requirements....................................................................10-72 Sec. 10.03.005 Credit for conveyance of floodplains................................................10-73 Sec. 10.03.006 Minimum park improvements...........................................................10-73 Sec. 10.03.007 Appeals..............................................................................................10-73 Sec. 10.03.008 Biennial review of ordinance.............................................................10-73 Sec. 10.03.009 Dedication or payment required prior to beginning development.....10-73 Sec. 10.03.010 Dedication or payment required prior to issuance of building permits or provision of utility service..............................................10-74 Town Council Page 744 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-3 Sec. 10.03.011 Increase in proposed number of dwelling units.................................10-74 Sec. 10.03.012 Penalty...............................................................................................10-74 [Next page is 10-7.] Town Council Page 745 of 1236 Meeting Date: February 9, 2016 Town Council Page 746 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-7 ARTICLE 10.01 GENERAL PROVISIONS* (Reserved) ARTICLE 10.02 SUBDIVISION ORDINANCE† Division 1. Generally Sec. 10.02.001 Title This article shall be known and cited as “The Town of Trophy Club Subdivision Regulations.” References herein to “regulations” or “subdivision regulations” shall mean the Town of Trophy Club Subdivision Regulations. (Ordinance 98-08, sec. 1.1, adopted 4/21/98; Ordinance 2001-21, sec. 1.1, adopted 9/17/01; 2006 Code, ch. 12, sec. 1.01) Sec. 10.02.002 Authority This article is adopted pursuant to the authority of the constitution and laws of the State of Texas, as promulgated by chapter 212 of the Texas Local Government Code, as heretofore, or hereafter amended. (Ordinance 98-08, sec. 1.2, adopted 4/21/98; Ordinance 2001-21, sec. 1.2, adopted 9/17/01; 2006 Code, ch. 12, sec. 1.02) Sec. 10.02.003 Purpose In order to achieve orderly, efficient and environmentally sound subdivision of land, the town must be provided with appropriate guidelines and development management mechanisms. These subdivision regulations, in conjunction with any other land use control tool as now or hereafter may be adopted by the town, provide those guidelines and mechanisms. With this in mind, it is the nature, intent, and stated purpose of these subdivision regulations to: (1) Protect and provide for the public health, safety, and general welfare of the community and the safe, orderly and healthful development of the municipality. (2) Guide the future growth and development of the community, in accordance with the comprehensive land use plan and adopted development policies. * Charter reference–Municipal planning and zoning, article VIII; powers relating to subdivision regulation, section 8.02; planning and zoning commission, section 8.03 et seq. † Editor’s note–This article consists of the subdivision ordinance previously published as chapter 12 in the 2006 Code of Ordinances, derived from Ordinance 2001-21, adopted September 17, 2001, as amended. Section numbers, style, capitalization and formatting have been changed to be consistent with the remainder of the Code of Ordinances, and this will be maintained in future amendments to this chapter. The term “Town of Trophy Club” has been changed to “town.” Changes in the names of state agencies have been incorporated without notation. Obviously misspelled words have been corrected without notation. Except for these changes, such ordinance is printed herein as published in the 2006 Code. Any other material added for purposes of clarification is enclosed in brackets. State law references–Regulation of subdivision and property development, V.T.C.A., Local Government Code, ch. 212; extension of subdivision rules to extraterritorial jurisdiction, V.T.C.A., Local Government Code, sec. 212.003; recording of plats, V.T.C.A., Property Code, sec. 12.002. Town Council Page 747 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-8 (3) Guide public and private development in order to ensure orderly layout and use of land, and to ensure adequate transportation, utilities, parks and other public requirements and facilities. (4) Provide for open spaces, and prevent overcrowding of land, undue congestion of populations and congestions of streets. (5) Establish reasonable standards of design and procedures for the subdivision of land in order to further the orderly layout and use of land. (6) Ensure that public improvements are available and have sufficient capacity to serve the proposed subdivision. (7) Preserve the natural beauty and topography of the town and to ensure appropriate development with regard to trees and other natural features. (8) Provide for open spaces through the most efficient design and layout of land. (9) Protect and preserve the character and value of land throughout the town and the value of buildings and improvements upon the land. (Ordinance 98-08, sec. 1.3, adopted 4/21/98; Ordinance 2001-21, sec. 1.3, adopted 9/17/01; 2006 Code, ch. 12, sec. 1.03) Sec. 10.02.004 Conditions Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the state to the town. The developer and/or subdivider has the duty of compliance with reasonable conditions laid down by the town planning and zoning commission for design, dedication, improvement, and restrictive use of the land so as to conform to the physical and economic development of the town and to the safety and general welfare of the future land owners in the subdivision and of the community at large. (Ordinance 98-08, sec. 1.4, adopted 4/21/98; Ordinance 2001-21, sec. 1.4, adopted 9/17/01; 2006 Code, ch. 12, sec. 1.04) Sec. 10.02.005 Jurisdiction From and after the date of its adoption, this code shall govern all subdivision of land within the corporate limits of the town and to the extent of the town’s extraterritorial jurisdiction, as provided by law. (Ordinance 98-08, sec. 1.5, adopted 4/21/98; Ordinance 2001-21, sec. 1.5, adopted 9/17/01; 2006 Code, ch. 12, sec. 1.05) State law references–Extraterritorial jurisdiction of municipalities in counties that regulate subdivisions, V.T.C.A., Local Government Code, sec. 242.001; extension of subdivision rules to extraterritorial jurisdiction, V.T.C.A., Local Government Code, sec. 212.003. Sec. 10.02.006 Consistency with plans and ordinances It is the intent of the town council that these subdivision regulations shall be consistent with the adopted comprehensive land use plan, comprehensive zoning ordinance, and any supplemental land use and community development policies that may be adopted by the town council. No plat Town Council Page 748 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-9 or subdivision of land within the town or outside the town boundaries as provided by law shall be approved unless it conforms to such plans, policies, and codes. (Ordinance 98-08, sec. 1.6, adopted 4/21/98; Ordinance 2001-21, sec. 1.6, adopted 9/17/01; 2006 Code, ch. 12, sec. 1.06) Sec. 10.02.007 Special provisions (a) Provision of streets or public utility services. The town shall not repair, maintain, install, or provide any streets or allow the provision of public utility services in any subdivision for which a final plat has not been approved and filed of record, nor in which the standards contained herein or referred to herein have not been complied with in full. (b) Sale and supply of utility services. The town shall not permit the sale, supply or approval of any utility service within a subdivision for which a final plat has not been approved and filed of record, nor in which the standards contained herein or referred to herein have not been complied with in full. (c) Permits. The provisions of this section shall not be construed to prohibit the issuance of permits for any lots upon which a building exists and was in existence prior to the passage of the subdivision regulations of the town, adopted June 8, 1987, nor to prohibit the repair, maintenance, or installation of any street by the town or public utility services by the town, by those subject to the right-of-way ordinance or by those holding a valid franchise thereunder, for, to or abutting any lot, the last recorded conveyance of which was by metes and bounds prior to June 8, 1987, and/or any subdivision, or lot therein, recorded, which subdivision was recorded and in existence prior to June 8, 1987. (Ordinance 98-08, sec. 1.7, adopted 4/21/98; Ordinance 2001-21, sec. 1.7, adopted 9/17/01; 2006 Code, ch. 12, sec. 1.07) Sec. 10.02.008 Interpretation; conflict (a) The interpretation and application of the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. (b) Conflict with public and private provisions. (1) Public provisions. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law, except as expressly repealed by this article. Where any provision of these regulations imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the provision that is more restrictive or imposes a higher standard shall control. (2) Private provisions. These regulations are not intended to abrogate any easement, covenant, or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant, or other private agreement or restriction impose duties and Town Council Page 749 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-10 obligations more restrictive or higher standards than the requirements of these regulations, then such private provisions shall control. (Ordinance 98-08, sec. 1.8, adopted 4/21/98; Ordinance 2001-21, sec. 1.8, adopted 9/17/01; 2006 Code, ch. 12, sec. 1.08) Sec. 10.02.009 Amendments For the purpose of protecting the public health, safety, and general welfare, the town council may from time to time amend the provisions imposed by these subdivision regulations. Amendments shall be made in accordance with the requirements of applicable law. (Ordinance 98-08, sec. 1.9, adopted 4/21/98; Ordinance 2001-21, sec. 1.9, adopted 9/17/01; 2006 Code, ch. 12, sec. 1.09) Sec. 10.02.010 Penalty It shall be unlawful for any person to violate any provision of this article, and any person violating or failing to comply with any provision of this article 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. (Ordinance 2006-40, sec. II, adopted 10/2/06; Ordinance 2009-04, sec. II, adopted 2/16/09; 2006 Code, ch. 12, sec. 8.13) Secs. 10.02.011–10.02.030 Reserved Division 2. Definitions Sec. 10.02.031 Generally For the purposes of these regulations, the following terms, phrases, words, and their derivations shall have the meaning ascribed to them in this division. Any office referred to in these regulations by title means the person employed or appointed by the town in that position, or his/her duly authorized representative. (Ordinance 98-08, sec. 2.1, adopted 4/21/98; Ordinance 2001-21, sec. 2.1, adopted 9/17/01; 2006 Code, ch. 12, sec. 2.01) Sec. 10.02.032 Definitions Those words or phrases not expressly prescribed herein are to be defined in accordance with the comprehensive zoning ordinance or other applicable codes of the town, or in the absence of such codes, then in accordance with customary usage in municipal planning and engineering practices. Acreage, gross. The total acreage of a subdivision, including areas dedicated to the public use such as streets and alley rights-of-way. Acreage, net. The total acreage of a subdivision less those areas indicated to public use such as street and alley rights-of-way. Easements, however, shall be included in net acreage calculations. Alley. A public or private way permanently reserved as a secondary means of access to abutting property. Town Council Page 750 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-11 Block. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities. If such term is used as a measurement, it shall mean the distance along the side of a street between the nearest two streets which enter such street on the side where the land is located. Bond or security. An instrument wherein the principal (developer or his authorized agent) and surety company bind themselves to perform all covenants, conditions and agreements by the principal to the town, which meets the requirements of these regulations, and which is provided in a form satisfactory to the town. The term includes any form of security including a cash deposit, surety bond, collateral, property, irrevocable letter of credit or other instrument of credit wherein the principal (developer or his authorized agent) [and] surety company or third party guarantor, individually or collectively, bind themselves to perform or to guarantee the performance of all covenants, conditions and agreements by the principal to the town in an amount and form sufficient to cover the improvements for which the developer or his agent are obligated under these regulations. Building setback line. A line defining an area on the building lot between the street right-of-way line or property line and the building line within which no building shall be constructed, encroach or project except as specifically authorized in an adopted ordinance of the town. (1) Front building setback line. A line parallel to the street right-of-way line which the building faces, and from which it takes its primary access. (2) Side building setback line. A line parallel to the property line with an adjacent lot or street right-of-way on a corner lot, which sides up to the building. (3) Rear building setback line. A line parallel to an adjacent lot line, alley, or street right- of-way line in the case of double frontage lots, which the building backs up to and from which it has its rear or secondary access. Commission. The planning and zoning commission of the town. Comprehensive land use plan. A plan for the development of the town adopted by the council, and including any part of such plan separately adopted and any amendment to such plan, or parts thereof. Concept plan. The first or introductory plan of a proposed subdivision, in such case where the developer intends to develop and record only an individual portion of said subdivision, and which exhibits the proposed successive order of development of the balance of the subdivision, and is not subject to approval but is submitted only as an item of reference. Town Council Page 751 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-12 Construction plans. The drawings and technical specifications including bid documents and contract conditions, where applicable, providing a graphic and written description of the character and scope of the work to be performed in construction of a subdivision. Court. An uncovered area surrounded by walls or buildings. Cul-de-sac. A short, minor street having but one outlet to another street and terminating on the opposite end by an appropriate vehicular turnaround. Dead-end street. A street, other than a cul-de-sac, with only one outlet. Dedication. A gift or donation of property by the owner to the town. Density. The number of dwelling units per gross acre of subdivision, excluding any areas that are nonresidential in use. Developer. An individual, partnership, corporation, or governmental entity undertaking the subdivision or improvement of land and other activities covered by these regulations, including the preparation of a subdivision plat showing the layout of the land and the public improvements involved therein. The term “developer” is intended to include the term “subdivider” even though personnel in successive stages of a project may vary. Development. The construction of one or more new buildings or structures on one or more building lots, the moving of an existing building to another lot, or the use of open land for a new use. “To develop” shall mean to create development. Easement. An interest, usually site specific, in land granted to the town, or other governmental entity, to the public generally, and/or to a privately owned utility corporation or entity. Engineer. A person duly authorized under the provisions of the Texas Engineering Registration Act, as heretofore or hereafter amended, to practice the profession of engineering. Extraterritorial jurisdiction. The unincorporated area, not a part of any other city, which is contiguous to the corporate limits of the town, the outer limits of which are measured from the extremities of the corporate limits of the town outward for such distances as stipulated in chapter 212 of the Texas Local Government Code, as amended, based upon the total population of the incorporated town. Town Council Page 752 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-13 Floodplain. Any and all land area adjoining the channel of a river, stream, lake, watercourse, marshy area, or other drainage element, which has been or may be inundated by stormwater runoff. The extent of the floodplain shall be determined by the crest of a flood having an average frequency of occurrence of once in one hundred years, as established by the Federal Insurance Administration. 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, as defined by the Corps of Engineers or FEMA, without cumulatively increasing the water surface elevation more than one foot. Lot. An undivided tract or parcel of land having frontage on a public street or an approved open space having direct street access and which is, or in the future may be, offered for sale, conveyance, transfer, or improvement, which is designated as a distinct and separate tract, and which is identified by a tract, or lot number, or symbol in a duly approved subdivision plat which has been properly filed of record. (1) Lot depth. The length of a line connecting the midpoints of the front and rear lot lines. (2) Lot width. The average distance between the side lot lines, which is normally that distance measured along a straight line connecting the midpoint of the two side lot lines. (3) Lot, double frontage or through. Any lot, not a corner lot, with frontage on two streets which are parallel to each other or within forty-five degrees of being parallel to each other. Town Council Page 753 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-14 (4) Lot frontage. The length of street frontage between property lines. (5) Lot, interior. Any lot that is not located on a corner of an intersection but is included as a lot in a grouping of lots on a platted residential block. (6) Lot, corner. Any lot located on a platted block such that it has two intersecting streets as a front and side boundary of the lot and the rear lot line shares the rear lot line of an abutting lot. (7) Lot, reverse corner. Any lot located on a platted block such that it has two intersecting streets a front and side boundary of the lot and the rear lot line shares the side lot line of an abutting lot. (8) Lot, cul-de-sac. Any lot located on a cul-de-sac. (9) Lot, irregular. Any lot not having equal front and rear lot lines, or equal side lot lines; a lot, the opposite lot lines of which may vary in dimension and the corners of which have an angle of either more or less than ninety degrees. MUD. A municipal utility district or any special law district operating pursuant to, in whole or in part, according to chapter 54 Texas Water Code. Open space. All land, other than public parks, designated for the recreational enjoyment and/or natural beauty of the area. Park. Land dedicated to, or purchased by, the town for the purpose of providing public recreational and/or open areas, in compliance with the comprehensive land use plan. Pavement width. The portion of a street available for vehicular traffic; where curbs are laid, it is the portion between the face of curbs. Person. Any individual, association, firm, corporation, governmental agency, or political subdivision. Planned development. A subdivision that consists of commercial and/or residential land uses, public land uses, and common open space and recreational areas, adequate to service the needs of the tract when fully developed and populated, which is to be developed as a single entity, under unified control. In tracts within a single zoning district, the planned development designation allows for flexibility in the subdivision while preserving the overall density. Plat. A map, drawing, chart, or plan showing the exact layout and proposed construction of a proposed subdivision into lots, blocks, streets, parks, school sites, commercial or industrial sites, drainageways, easements, alleys, and/or any other elements as required by these regulations, and which a subdivider shall submit for approval in accordance with these regulations. Plat, amended. A minor change of an existing subdivision to a lot line or setback contained within. No new lots are created, existing lots are not combined and the size of any one lot is not substantially increased or decreased. Town Council Page 754 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-15 Plat, final. A plat which has been submitted and approved in preliminary form, has been corrected by the applicant, has conformed to all of the provisions of these regulations, has been submitted for final approval of the planning and zoning commission and town council, and which meets all other requirements of state law or other laws of the town. Plat, preliminary. A preliminary submission, by the subdivider to the town, of the maps, drawings, charts and other materials on which the subdivider’s plan is presented. Preliminary approval. Approval expressed by the town as to the arrangement and approximate size of streets, alleys, parks, reserves, easements, blocks, and lots indicated on a preliminary plat. Public hearing. A meeting or workshop, held by the planning and zoning commission, zoning board of adjustment, or town council which contains a portion which is designated as a public hearing. Public meeting or workshop. Any meeting or workshop held by the planning and zoning commission, zoning board of adjustment, or town council at which a special workshop or regular business is conducted and for which appropriate notification has been posted as required by state law. A public meeting or workshop may contain a public hearing as defined above. Public right-of-way. A strip of land used or intended to be used, wholly or in part, as a public street, alley, crosswalk, sidewalk, drainageway or other public way. Qualified professional. An individual who is affiliated with a profession that provides the services required by the provisions of the subdivision regulations and is recognized through the certification, registration, or licensing procedure of their profession as being qualified to perform the required efforts. Replat. A plat vacating an existing subdivision in lieu of a new pattern of development; the subdivision of an existing or duly recorded lot or lots, the combining of two or more lots to create one lot, or the subdividing of an existing platted but undeveloped subdivision into a new pattern of lots and blocks. Reserve strip. A privately owned strip of land, normally one foot in depth, adjacent to a public right-of-way or easement preventing the extension of said right-of-way or easement without the expressed consent of the owner. Shall/may. The word “shall” is always mandatory, while the word “may” is merely permissive. Sidewalk. A paved pedestrian way generally located within public street right-of-way, but outside of the roadway, and built in accordance with town specifications. Street. A public right-of-way which provides primary vehicular access to adjacent land, whether designated as a street, highway, thoroughfare, parkway, throughway, avenue, lane, boulevard, road, place, drive, or however otherwise designated. (1) Street, primary collector. A street which primarily carries traffic from local or secondary collector streets to major thoroughfares and highways, providing traffic circulation throughout the entire town. Town Council Page 755 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-16 (2) Street, secondary collector. A street which primarily carries traffic from local streets to primary collector streets, providing traffic circulation within the neighborhood. (3) Street, local. A street which is used primarily for access to abutting residential property and circulation of traffic within residential neighborhoods. It is of a width and design to discourage through traffic, thereby protecting the residential area. (4) Street, private or service drive. A vehicular accessway under private ownership and maintenance, which has not been dedicated to the town and accepted by the town. Structure. That which is built or constructed, an edifice or building of any kind, or any piece of work built up or composed of parts joined together in some definite manner. Subdivider. Any person or any agent thereof dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term “subdivider” shall be restricted to include only the owner, equity owner, or authorized agent of such owner or equity owner, of land to be subdivided. Subdivision. Any land, vacant or improved, which is divided into two (2) or more parts, blocks, lots, parcels, units, plots, sites or interests for the purpose of offer, sale, lease, or development, either on the installment plan or upon any and all other plans, terms, and conditions, including resubdivision of such land part of a previously recorded subdivision. Surveyor. A licensed state land surveyor or a registered public surveyor as authorized by the state statutes to practice the profession of surveying. Thoroughfare plan. A street plan which is part of the comprehensive land use plan. Town. The Town of Trophy Club, Denton/Tarrant County, Texas. Town design standards. As referred to in these regulations, shall mean “Subdivision Regulations and Design Standards for Paving, Drainage, and Utility Improvements” as amended, together with all tables, drawings, and other attachments hereafter approved by the council, and those standards so approved shall become a part of these regulations. Town engineer. The duly authorized person in charge of engineering for the town, or his/her designated representative. Town planning administrator. The duly authorized employee or representative of the town in charge of the planning function for the town and charged with implementation and enforcement of the subdivision, zoning and other growth-related codes. Trails. Hiking and biking pathways generally located on land dedicated for public use and/or located on land to be considered open space. Utility company. A company providing a public service such as the provision of gas, electricity, cable television, telephone, etc. Vacation. To cancel, rescind, or render an act that has the effect of voiding a subdivision plat as recorded in the county clerk’s office. Town Council Page 756 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-17 Waiver. An action by the town, upon recommendation by the planning and zoning commission, which provides relief from these regulations to the degree determined by the town in the action. Wastewater service. The collection of waste-bearing water that requires treatment prior to its return to nature, and the system of pipes and equipment used to collect and transmit this water to treatment facilities; also called sanitary sewer service. Water system, public. A system designed for the distribution and treatment of potable water that is wholly owned and operated by the Trophy Club Municipal Utility District, its successors and assigns, or other governmental entity authorized and empowered to own and operate such a system. Yard. A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from the general ground level of the graded lot upward; provided however that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture are not deemed to be obstructions if height limitations and requirements limiting obstruction of visibility are observed. (Ordinance 98-08, sec. 2.2, adopted 4/21/98; Ordinance 2001-21, sec. 2.2, adopted 9/17/01; 2006 Code, ch. 12, sec. 2.02; Ordinance adopting Code) Secs. 10.02.033–10.02.060 Reserved Division 3. General Plat Submittal Requirements Sec. 10.02.061 Requirements to plat (a) Division of property. (1) Every owner of any tract of land located within the corporate limit or extraterritorial jurisdiction of the town who divides the tract into two or more parts as provided in chapter 212 of the Local Government Code shall cause a plat to be made by a registered public surveyor which shall accurately describe all the tracts by previously platted lot or block number or by metes and bounds if necessary and locate same as required by this article. All platted lots shall meet the minimum frontage required by the town’s zoning ordinance onto an improved street meeting the right-of-way and pavement requirements of the town’s thoroughfare plan. No plat may be recorded, no lot may be sold and no transfer of title to any part of such tract of land shall be made until a plat, accurately describing the property to be conveyed, is approved in accordance with these provisions and filed in the plat records of the county where the real property is located. (2) Plats required for compliance. Except as otherwise specifically provided herein; in the event that an owner of property makes or causes a subdivision of land, he/she shall cause a preliminary plat to be approved prior to submitting a final plat for approval by the town and recording of the plat in the plat records of the county where the real property is located. (3) Plat required for building permit. No development, building, repair, plumbing, or electrical permit shall be issued by the town for any structure on a lot in a subdivision for which a final plat has not been approved and filed of record at the Denton or Town Council Page 757 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-18 Tarrant County courthouse as required by law, nor for any structure on a lot within a subdivision in which the standards contained herein have not been complied with in full. (b) Combination of lots. Any person desirous of combining two or more contiguous and previously platted lots into one single lot for the purpose of removing interior lot lines shall submit a “replat” thereof; obtain approval from the town council; and have same filed of record in the plat records of the county where the real property is located. (Ordinance 98-08, sec. 3.1, adopted 4/21/98; Ordinance 2001-21, sec. 3.1, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.01; Ordinance adopting Code) State law reference–Plat required, V.T.C.A., Local Government Code, sec. 212.004. Sec. 10.02.062 Preliminary conference Prior to the official filing of a preliminary plat, the subdivider, his/her planner, engineer, or representative shall consult with and present a concept plan of the subdivision to the town planning and zoning administrator and other appropriate authorized town representatives as determined by the town, for comments and advice on the procedures, specifications, and standards required by the town for the subdivision of land. (Ordinance 98-08, sec. 3.2, adopted 4/21/98; Ordinance 2001-21, sec. 3.2, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.02) Sec. 10.02.063 Plat submittal (a) Generally. All plats to be considered for approval under these regulations shall be submitted to the town planning and zoning administrator along with a completed application and fees, and must be in accordance with all regulation requirements. No plat shall be formally accepted for review by the town until it fulfills all of the requirements of this division. (b) Scale and sheet size. All plats shall be drawn to a scale of one inch (1") = one hundred feet (100'), unless permission is obtained prior to submittal from the town planning and zoning administrator for a larger or smaller scale. All sheet sizes shall be twenty-four inches by thirty-six inches (24" x 36") and shall be computer generated or drawn in ink on a reproducible film material. (c) Filing of the plat. One (1) mylar and five (5) blue-line copies of the final plat, at a size of eighteen inches by twenty-four inches (18" x 24") in addition to one (1) mylar at a size of eleven inches by seventeen inches (11" x 17"), shall be provided to the town to be filed with the county by the town. Said eighteen inches by twenty-four inches (18" x 24") plat may be drawn at 1" = 200'. (Ordinance 98-08, sec. 3.3, adopted 4/21/98; Ordinance 2001-21, sec. 3.3, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.03) Sec. 10.02.064 Approval procedure–Overview (a) Plats are to be submitted for the approval of the town in accordance with the provisions stated herein. Approval by the town is a two-step process requiring submission to and approval by the planning and zoning commission and then submission to and approval by the town council. Town Council Page 758 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-19 (b) A plat may be submitted but shall not be considered as being filed with the town until it has been determined to be administratively complete. An application for plat approval shall be considered administratively complete when town staff determines that it meets all requirements of applicable town codes so that it may be reviewed by the planning and zoning commission, has been placed on the agenda for the commission, and the agenda has been posted as required by law. An incomplete application shall not be considered “filed” with the town as defined in this article, but shall be returned to the applicant for completion and resubmittal. (c) The planning and zoning commission shall act on an administratively complete application for plat approval within thirty (30) days after the plat is filed with the town in accordance with subsection (b) above. The plat shall be deemed approved unless it is disapproved within that thirty (30) day period. The town council shall act on the plat within thirty (30) days after the date the plat is approved by the planning and zoning commission or is considered approved by the inaction of the commission. A plat shall be deemed approved by the town council unless it is disapproved within that period. (d) If a plat is approved, the town shall endorse the plat with the appropriate certificates indicating the approval. The certificate must be signed by the mayor, the commission’s presiding officer and attested by the town secretary. (e) If the town fails to act within the prescribed thirty (30) day period, then upon request, the town shall issue a certificate stating the date the plat was filed with the town and that the town failed to act on the plat within the period. (f) The town shall maintain a record of each application made to the town and the town’s action taken on it. On request of an owner of an affected tract, the town shall certify the reasons for the action taken on an application. (Ordinance 98-08, sec. 3.4, adopted 4/21/98; Ordinance 2001-21, sec. 3.4, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.04) State law reference–Approval procedure, V.T.C.A., Local Government Code, sec. 212.009. Sec. 10.02.065 Criteria for plat approval The town shall approve a plat if it conforms to: (1) The general plan, rules and codes of the town and its current and future streets, alleys, parks, playgrounds, and public utility facilities; (2) The general plan, rules and codes for the extension of the town and its roads, streets, and public highways within the town and in its extraterritorial jurisdiction, taking into account access to the extension of sewer and water mains and the instrumentalities of public utilities; (3) All requirements of the town’s subdivision regulations and all rules adopted pursuant to those regulations or the town’s zoning ordinance; Town Council Page 759 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-20 (4) An approved preliminary plat. (Ordinance 98-08, sec. 3.5, adopted 4/21/98; Ordinance 2001-21, sec. 3.5, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.05) State law reference–Standards for approval, V.T.C.A., Local Government Code, sec. 212.010. Sec. 10.02.066 Staff review of plat application (a) Duties of the staff. Upon the complete submission of the documents and materials required for the preparation of preliminary plats, final plats, replats, and amended plats the town planning and zoning administrator or other town official responsible for review and/or processing of the plat shall: (1) Review the plat for completeness, noticing application of generally accepted engineering and planning design principles and standards. In the case of a final plat, the planning and zoning administrator shall review the final plat for compliance with the approved preliminary plat and requirements of these regulations. (2) Distribute the plat to the following authorities for review: town engineer and planner, department of public safety officials, department of public works officials, Trophy Club Municipal Utility District, and other authorities when appropriate. (3) Summarize or compile the recommendations of the reviewing authorities and prepare a report to be presented to the planning and zoning commission. (Ordinance 98-08, sec. 3.6, adopted 4/21/98; Ordinance 2001-21, sec. 3.6, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.06) Sec. 10.02.067 Preliminary plats (a) Preliminary plat required. A preliminary plat shall be required for all parcels of land on which the filing of a plat is required by state law or town regulations and codes. An exception shall be allowed in the event: (1) A preliminary plat has been submitted within the last six (6) months; or (2) Platting is being submitted in accordance with section 10.02.070, Short Form Plat. (b) Criteria. The preliminary plat shall meet all the criteria of preliminary plat submission as required in regulations and codes of the town and procedures as listed in these regulations. (c) Preparation. The preliminary plat shall be prepared by a qualified professional. (d) Public meetings. A preliminary plat does not require a public hearing. However, action on the preliminary plat, by the planning and zoning commission and the town council, is required at a public meeting. Notice of a public meeting must be posted seventy-two (72) hours prior to the meeting. Town Council Page 760 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-21 (e) The preliminary plat shall contain the following information: (1) Names and addresses of the subdivider, record owner, land planner, engineer, surveyor, or qualified professional. (2) Proposed name of subdivision. (3) Names and lot patterns of contiguous platted subdivisions within one hundred feet (100') of the subdivision. (4) Vicinity map showing street location of tract by reference to existing street or highways. (5) Subdivision boundary lines, indicated by heavy lines, and the approximate area expressed in acres. (6) Location of town limit lines, if they either traverse the subdivision, form part of the subdivision, or are contiguous to the subdivision boundary. (7) Dimensions, names and descriptions of all existing or recorded streets, alleys, reservations, easements or other public rights-of-way within the subdivision, intersecting or contiguous with its boundaries or forming such boundaries, as determined from existing records. The distance from the centerline of the roadway of the boundary street to the proposed platted property shall also be shown. (8) The locations, dimensions, names and descriptions of all existing or recorded lots and blocks, parks, public area and permanent structures within or contiguous to the subdivision. (9) The locations, sizes, and descriptions of existing and proposed utilities (above and/or below grade), within the subdivision or adjacent thereto. (10) The approximate location, dimensions, descriptions and names of all existing and proposed streets, alleys, drainage structures, parks, open spaces, natural features to be preserved, improvements to be installed for beautification, other public areas; reservations, easements, or other rights-of-way; blocks, lots and other sites within the subdivision specifically indicating the connection of improvements in adjacent subdivisions. (11) Identification and location of proposed uses within the subdivision to include tracts intended for residential, commercial, churches, parks, governmental or other uses and also indicating existing and proposed zoning classifications for each use. (12) Topographical information based on 2-foot vertical contour intervals except where excessively steep grade prohibits graphical representation, in which case 5-foot vertical intervals may be used. (13) Centerline of watercourses, creeks and ravines, existing drainage structures and other pertinent data shall be shown. Town Council Page 761 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-22 (14) Areas subject to flooding shall be shown, delineating the 100-year flood limits if applicable. (15) A drainage study shall be required to provide the information as recorded in town design guidelines. (16) A number to identify each lot and a number or letter to identify each block; an indication of the typical lot size; the area of the smallest lot. (17) Building setback lines on all lots and sites adjacent to streets. (18) Title, date of preparation, scale and north arrow. (19) Current description of the property to be subdivided which includes survey name and tract numbers from town or county records. (20) Such additional terms and conditions including design standards as the planning and zoning commission and town council deems necessary. (f) Action by the planning and zoning commission. The decision of the planning and zoning commission shall be approval, disapproval, or conditional approval of the preliminary plat. (1) Approval shall constitute acceptance of the preliminary plat. (2) Conditional approval of the preliminary plat shall constitute approval; however, conditional approval means that the plat is subject to compliance with prescribed conditions as specified by the planning and zoning commission and shall effectively constitute disapproval until all such conditions are met. Conditionally approved preliminary plats need not be addressed by the planning and zoning commission again. The conditions attached to the preliminary plat shall be met upon filing of the final plat. (3) Upon disapproval of the preliminary plat by the town planning and zoning commission, the preliminary plat shall be deemed completely rejected as submitted. The applicant may then choose to reinitiate the subdivision approval procedure, including all fees required in the process. (4) Upon the approval of the preliminary plat by the town planning and zoning commission, the preliminary plat shall be submitted to the town council for consideration. (g) Action by the town council. The decision of the town council shall be approval or disapproval of the preliminary plat. A three-fourths (3/4) vote of the members of the council present and voting shall be required to overturn a unanimous decision of the planning and zoning commission. In all other instances, a majority vote of the council shall be required. (1) Approval of a preliminary plat shall not constitute acceptance of the subdivision, but is only authorization to proceed with the preparations of engineering plans and final plat. Approval of the preliminary plat shall be subject to all conditions specified by the planning and zoning commission either being complied with or documented and approved by the town council. Town Council Page 762 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-23 (2) Disapproval signifies rejection completely of the preliminary plat as submitted. The applicant may then choose to reinitiate the subdivision approval procedure, including all fees required in the process. (h) Deadline and submitted material. The applicant shall, when filing the preliminary plat, submit twelve (12) copies of the preliminary plat measuring a minimum of 18 inches by 24 inches to the town planning and zoning administrator at least twenty-one (21) days prior to the planning and zoning commission meeting at which it is to be addressed. (1) The applicant shall, when filing the preliminary plat, submit an eight and one-half inches by eleven inches (8-1/2" x 11") reproducible reduction of all maps included in the submittal material. (2) The applicant shall, when filing the preliminary plat, submit a completed application and pay all fees required for preliminary platting as specified in subsection (j) of this section (preliminary plat review fee). (3) Upon action of the planning and zoning commission, the applicant shall submit twelve (12) copies of the preliminary plat to the town planning and zoning administrator within five (5) days following the planning and zoning commission meeting at which action was taken. These copies will then be forwarded to the town council for review. (4) Failure to submit the material and pay all fees as required herein, as determined by the town planning and zoning administrator, shall constitute an incomplete submittal and the application shall not be accepted by the town for filing or processing. Town Council Page 763 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-24 (i) Preliminary plat review fee. A preliminary plat review fee, in accordance with the schedule of fees as adopted by the town, shall be paid the town upon submission of a preliminary plat application. A schedule of these fees is available upon request at the town offices and is provided with the application for preliminary plat. (j) Effective period. (1) The approval of a preliminary plat shall be effective for a period of twelve (12) months. In the event that the final platting process has not been initiated by the developer within twelve (12) months from the date of approval of the preliminary plat, the preliminary plat shall require reapproval. The entire approval process including payment of fees will be required. (2) The applicant may receive one (1) extension of the preliminary plat. Upon written request by the owner at least thirty (30) days prior to the end of the one (1) year period, the preliminary plat shall be placed on the planning and zoning commission agenda for consideration for extension. (Ordinance 98-08, sec. 3.7, adopted 4/21/98; Ordinance 2001-21, sec. 3.7, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.07; Ordinance adopting Code) Sec. 10.02.068 Final plats (a) Order of platting. After obtaining approval of a preliminary plat and compliance with all necessary fiscal agreements, including all fees and/or other assessments, the applicant may submit a final plat. The final plat shall be accompanied by a completed application and shall be in accordance with all requirements of this article. (b) Preparation. The final plat may be prepared by a qualified professional but must be certified by a registered public land surveyor by the State of Texas. (c) Public meetings. A final plat does not require a public hearing. However, action on the final plat, by the planning and zoning commission and the town council, is required at a public meeting. Notice of a public meeting must be posted seventy-two (72) hours prior to the meeting. (d) Final plat information. The final plat shall contain the following information shown on the drawing or attached thereto as appropriate: (1) Title or name of development, written and graphic scale, north point, date of plat and key map. (2) Location of the development by town, county, and state. (3) Accurate boundary survey and property description with tract boundary lines indicated by heavy lines. (4) A metes and bounds description of the subdivision, and locate the same with respect to a corner of the survey or tract or an original corner of the original survey of which it is a part. Town Council Page 764 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-25 (5) Accurate plat dimensions with all engineering information necessary to reproduce the plat on the ground. (6) Approved name and right-of-way width of each street, both within and adjacent to the development. (7) Locations, dimensions and purposes of any easements or other rights-of-way and all building lines. (8) Identifications of each lot or site and block by number or letter. (9) Record owners of contiguous parcels of unsubdivided land, names and lot patterns of contiguous subdivisions within one hundred (100) feet of the subdivision. (10) Boundary lines, dimensions and descriptions of open spaces to be dedicated for public use. (11) Certification of dedication of all streets, alleys, parks and other public uses signed by the owner or owners. (12) Designation of the entity responsible for the operation and maintenance of any commonly held property and a waiver releasing the town of such responsibility. A statement that “should the entity responsible for maintenance of common held property fail to perform the function, the town has the authority to provide appropriate maintenance and repair and collect appropriate fees and reimbursements.” (13) Dimensions and locations of all streets, alleys, squares, parks or other portions of the subdivision intended to be dedicated to public use. (14) Space for signatures attesting approval of the plat by the mayor, the planning and zoning commission’s presiding officer, and town secretary. (15) Seal and signature of the registered public land surveyor responsible for surveying the development and/or the preparation of the plat. (16) Compliance with all special requirements developed in preliminary plat review. (17) A statement indicating that the town or the MUD, as applicable, shall issue no permit until the completion of all dedicated improvements and acceptance of such improvements associated with the subdivision are approved by the town. (18) Space provided for signatures of electric company, gas company, cable company, phone company, Trophy Club MUD, or any other public utility entity. Stating that said utility has reviewed the final plat and is in agreement with the location of all easements and rights-of-way shown on the plat. Town Council Page 765 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-26 (e) At least seven (7) days prior to the submission of a final plat application with the town, the subdivider shall submit to the town planning and zoning administrator three (3) copies of engineering plans prepared, signed and sealed by a registered professional engineer. The subdivider shall also be responsible for submitting the engineering plans to the town engineer for his/her review and recommendation. These plans shall make adequate provision for all surface and storm drainage within and across the subdivision; shall provide for the construction of a water distribution system, including fire hydrants, adequate to serve the subdivision with water with adequate pressure for fire protection, domestic consumption and/or light commercial use together with such mains as may be required to connect with the existing system; shall provide for a sanitary sewer system adequate to serve each lot or building site within the subdivision and shall provide for the construction of such other improvements as may be required. These plans shall be in accordance with provisions of this article and all other codes, policies, and procedures of the town as related in the design standards for paving, drainage and utility improvements. The subdivider shall pay the full cost of all public improvements. (f) Action by the planning and zoning commission. The decision of the planning and zoning commission shall be either approval or disapproval of the final plat. (1) Approval shall constitute acceptance of the final plat. (2) Upon disapproval of the final plat by the town planning and zoning commission, the final plat shall be deemed completely rejected as submitted. The applicant may then choose to reinitiate the subdivision approval procedure, including all fees required in the process. (g) Upon the approval of the final plat by the town planning and zoning commission, the preliminary or final plat shall be submitted to the town council for consideration. (h) Action by the town council. The decision of the town council shall be approval or disapproval of the final plat. A three-fourths vote of the members of the council present and voting shall be required to overturn a unanimous decision of the planning and zoning commission. In all other instances, a majority vote of the council shall be required. (1) Approval of a final plat shall not constitute acceptance of the subdivision, but is only authorization to proceed with the engineering construction associated with the subdivision. (2) Disapproval signifies complete rejection of the final plat as submitted. The applicant may then choose to initiate the subdivision approval procedure again, including all fees required in the process. (3) Table with waiver. In the event that the town and/or the applicant should desire that action on the final plat should be extended to a subsequent meeting that would be beyond the “30 day” period for action, said table may occur in the event that the Town Council Page 766 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-27 applicant has provided written documentation waiving their right for action within the thirty (30) day time limitation. (i) Deadlines and submitted materials–Final plat. (1) The applicant shall, when filing the final plat with the town, submit twelve (12) copies of the final plat measuring 18 inches by 24 inches (18" x 24") to the town planning and zoning administrator at least fourteen (14) days prior to the planning and zoning commission meeting at which it is to be addressed. (2) At least seven (7) days prior to the submission of the final plat, the subdivider shall submit, to the town planning and zoning administrator, three (3) copies of engineering plans prepared, signed and sealed by a registered professional engineer. The subdivider shall also be responsible for submitting the engineering plans to the town engineer for his/her review and recommendation. (3) The applicant shall, when filing the final plat with the town, submit an eight and one- half by eleven inches (8-1/2" x 11") reproducible reduction of the final plat. (4) The applicant shall, when filing the final plat with the town, also submit the completed application and pay all fees required for final platting in accordance with the schedule of fees adopted by the town. Town Council Page 767 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-28 (5) Upon action of the planning and zoning commission, the applicant shall submit twelve (12) copies of the final plat to the town planning and zoning administrator within five (5) days following the planning and zoning commission meeting at which action was taken. These copies will then be forwarded to the town council for review. (6) Failure to submit the material as described above, as determined by the town planning and zoning administrator, shall constitute an incomplete submittal and shall cause the application to not be accepted for filing or processing. (j) Final plat review fee. A final plat review fee, in accordance with the schedule of fees as adopted by the town, shall be provided at the time the final plat application is submitted. A schedule of these fees is available upon request at the town offices and is provided with the application for final plat. (k) Tax certificates. The final plat must have the tax certificates from all taxing entities submitted to the town before the plat can be filed. (l) Filing. The final plat shall be filed of record by the town in the plat records of the county where the real property is located after the town council has officially acted upon the final plat, bonds/securities have been submitted and approved by the town and all developer agreements or subdivision agreements have been executed by all involved parties and accepted by the town. Filing fees for recording the final plat shall be paid by the subdivider. The applicant shall submit one mylar and five (5) blue-line copies of the final plat, at a size of 18 inches x 24 inches, in addition to one (1) mylar at a size of eleven inches by seventeen inches (11" x 17"), to the town to be filed with the county. (Ordinance 98-08, sec. 3.8, adopted 4/21/98; Ordinance 2001-21, sec. 3.8, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.08) Sec. 10.02.069 Vacation instrument, replatting and amended plats (a) Vacation of plat. (1) Prior to the sale of any lot. The proprietors of the tract covered by a plat may vacate the plat at any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat. (2) After the sale of any lot. If lots in the plat have been sold, the plat, or any part of the plat, may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat. (3) The county clerk shall write legibly on the vacated plat the word “Vacated” and shall enter on the plat a reference to the volume and page at which the vacating instrument is recorded. Town Council Page 768 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-29 (4) On the execution and recording of the vacating instrument, the vacated plat has no effect. (b) Replatting without vacating preceding plat. A replat of a plat or a resubdivision of a plat, but without vacation of the immediate previous plat, shall be authorized to be recorded and shall be deemed valid and controlling when approved by the town planning and zoning commission and town council under the following conditions: (1) It has been signed and acknowledged by all of the owners of the particular property that is being replatted; (2) It has been approved by the town planning and zoning commission and town council after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard; (3) It does not attempt to alter, amend or remove any covenants or restrictions; and (4) There is compliance, when applicable, with subsections (c) and (d) of this section. Town Council Page 769 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-30 (c) Additional requirements for replatting without vacating previous plat. If any of the proposed area to be resubdivided or replatted was, within the immediate preceding five (5) years, limited by any interim or permanent zoning classification to residential use for not more than two residential units per lot, or if any lot in the immediate previous subdivision was limited by deed restriction to residential use for not more than two residential units per lot, the following additional requirements for approval shall apply, in any resubdivision or replatting of a subdivision, without vacating the immediate previous plat. (1) Notice of such town planning and zoning commission and town council hearing shall be given in advance in the following manner: (A) Publication at least fifteen (15) days in advance of hearing being published in the official town newspaper of general circulation; and (B) Written notice, with a copy of subsection (2) of this subsection attached thereto, of such public hearing forwarded by the town to the owners (as the ownerships appear on the most recently approved ad valorem tax roll of the town) of property in the original subdivision; such notice may be served by depositing the same, properly addressed and postage paid, in a post office or postal depository within the boundaries of the town. (2) If the proposed replat is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three- fourths (3/4) of all members of the planning and zoning commission and town council. For a legal protest, written instruments signed by the owners of at least twenty percent (20%) of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending two hundred feet (200') from that area, but within the original subdivision, must be filed with the planning and zoning commission and town council prior to the close of the public hearing. (3) Compliance with subsections (2) and (3) is not required for approval of a replat of part of a preceding plat if the area to be replatted was designated or reserved for a use other than single or duplex family residential use by notation on the last legally recorded plat; or in the legally recorded restrictions applicable to the plat. (d) Amended plat. The town council is authorized to issue an amended plat which is signed by the applicants only and which is for one or more of the purposes set forth below. Approval and issuance of such an amended plat shall not require notice, hearing, or approval of other lot owners if the sole purpose of the amending plat is: (1) To correct an error in any course or distance shown on the prior plat; (2) To add any course or distance that was omitted on the prior plat; (3) To correct an error in the description of the real property shown on the prior plat; (4) To indicate monuments set after death, disability, or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; Town Council Page 770 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-31 (5) To show the proper location or character of any monument which has been changed in location or character or which originally was shown at the wrong location or incorrectly as to its character on the prior plat; (6) To correct any other type of scrivener or clerical error or omission as previously approved by the planning and zoning commission or governing body of the town; such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent recorded plats; (7) To correct an error in courses and distances of lot lines between two (2) adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished, provided that such amendment does not attempt to remove recorded covenants or restrictions and does not have materially adverse effect on the property rights of the other owners in the plat; (8) To relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement; or (9) To relocate one (1) or more lot lines between one or more adjacent lots where the owner or owners of all such lots join in the application for the plat amendment, provided that such amendment does not: (A) Attempt to remove recorded covenants or restrictions; or (B) Increase the number of lots; or (10) To make necessary changes to the prior plat to create six (6) or fewer lots in the subdivision or a part of the subdivision covered by the prior plat if: (A) The changes do not affect applicable zoning and other regulations of the town; (B) The changes do not attempt to amend or remove any covenants or restrictions; and (C) The area covered by the changes is located in the area that the town planning and zoning commission or town council has approved, after a public hearing, as a residential improvement area. (Ordinance 98-08, sec. 3.9, adopted 4/21/98; Ordinance 2001-21, sec. 3.9, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.09; Ordinance adopting Code) State law references–Vacating plat, V.T.C.A., Local Government Code, sec. 212.013; replatting without vacating preceding plat, V.T.C.A., Local Government Code, sec. 212.014; additional requirements for certain replats, V.T.C.A., Local Government Code, sec. 212.015; amending plat, V.T.C.A., Local Government Code, sec. 212.016. Sec. 10.02.070 Short form plats (a) Conditions and requirements. A preliminary plat, preliminary plat approval, or detailed utility drawings will not be required for a short form plat. A short form procedure may be Town Council Page 771 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-32 followed for the approval of a subdivision when the land proposed to be subdivided or resubdivided meets the following conditions and requirements: (1) The resulting lots conform to all minimum size requirements of these regulations and the comprehensive zoning ordinance. (2) The proposed subdivision shall not exceed a maximum of four (4) lots. (3) Such lots abut an existing street and do not require the creation of any new street or the addition or extension of municipal facilities in order to meet the requirements of these regulations, unless otherwise required by the town. (4) The perimeter of the tract being subdivided has been surveyed and marked on the ground, a plat thereof prepared and submitted to the town planning and zoning administrator, and the nearest corner of each lot or parcel of such proposed subdivision is within two hundred feet of a known corner which is adequately marked by a concrete monument or iron stake. (5) The topography of the tract and the surrounding lands is such that no regard need be given in such subdivision to drainage, and drainage facilities are not required. (6) The utilities, as required in these regulations, are in place to serve each parcel or lot of such subdivision or resubdivision, or the installation of utilities will be a minor job, the necessary easements exist already and arrangements to provide such utilities have been made. (7) The uses proposed for the property will not require rezoning of any portion of the property, and the resulting lots conform to all area and setback requirements of these regulations and the zoning ordinance of the town. (b) Formal application. Formal application for a short form plat approval, shall be made by the subdivider in writing to the planning and zoning commission and submitted to the town planning and zoning administrator at least twenty-four (24) days prior to the regularly scheduled meeting of the planning and zoning commission of which it is requested to be heard. (c) Submission. The subdivider shall submit three (3) blue-line copies of the plat, and one copy reduced to eight and one-half inches by eleven inches (8-1/2" x 11") with the town planning and zoning administrator at least fourteen (14) days prior to the date at which the planning and zoning commission will consider the request. The short form plat shall be submitted in final form, meeting the form and content requirements of a final plat. (d) Area map. Such plat shall be accompanied by three copies of an area map at a scale adequate to view the areas surrounding the proposed subdivision, and an 8-1/2 inches x 11 inches reduction of the area map and showing all existing subdivisions, streets, easements, rights-of- way, parks, and public facilities in the vicinity including approximate locations and sizes of utilities. The area map shall also indicate the general drainage plan and the ultimate destination of the stormwater, and the direction of flow of the drainage and wastewater systems. Town Council Page 772 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-33 (e) Processing. (1) The subdivider shall submit the plat in accordance with the fee schedule as required for a final plat in section 10.02.068(j). (2) The town planning and zoning administrator shall process the plat and ensure that it is checked for conformance to town codes and regulations. (3) The town planning and zoning administrator shall forward a copy of all submitted material to the planning and zoning commission with any comments or recommendations of the town staff, town engineer/planner, department of public safety, the department of public works, Trophy Club Municipal Utility District, and other authorities when appropriate; and subsequently to the town council for approval. (4) Contents of the plat shall consist of those items required of a final plat as listed in section 10.02.068(d). (5) Procedures regarding action of the town are as listed in section 10.02.068. (Ordinance 98-08, sec. 3.10, adopted 4/21/98; Ordinance 2001-21, sec. 3.10, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.10) Sec. 10.02.071 Dedication (a) Division of property. Every owner of property to be divided, for which a plat has been submitted for approval, shall be required to dedicate to the town that portion of such property as is necessary for the orderly development of streets, roadways, thoroughfares, utilities or other public purposes, and such dedication requirements, as imposed, shall be a prerequisite to final plat approval. At the time of such dedication, all liens for delinquent taxes on such dedicated property shall be removed. (b) Amended plats. (1) No dedication for streets, utilities or other public purposes may be required as a prerequisite to approval of a plat combining two or more existing platted lots for the purpose of removing interior lot lines, or for the purpose of correction of error as permitted in section 10.02.069(d). (2) No dedication of right-of-way or easements except for the provision of utilities may be required as a prerequisite to approval of a plat revision submitted for the purpose of moving an interior lot line. (Ordinance 98-08, sec. 3.11, adopted 4/21/98; Ordinance 2001-21, sec. 3.11, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.11) Sec. 10.02.072 Provision of utility service A city, city officials, town-owned or town-operated utility, or public utility may not serve, connect, or provide water, sewer, electricity, gas or other utility service unless the entity holds a certificate of authority applicable to the land to be served. This prohibition applies to any of the Town Council Page 773 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-34 foregoing entities that either serves or first connects with such utility services on or after September 1, 1987. (Ordinance 98-08, sec. 3.12, adopted 4/21/98; Ordinance 2001-21, sec. 3.12, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.12) Sec. 10.02.073 Undergrounding of utilities (a) Generally. In addition to all other requirements set forth in other applicable codes and regulations of the town, all subdivisions and plats submitted pursuant to this article shall: (1) Require and provide that all electric utility lines and wires that will be operated at nominal voltages, all telephone utility lines and wires, all cable television and other communication or utility lines and wires, and all terminals shall be installed, placed and constructed underground. Cable television, telephone, and electric transformer and primary switching gear may be pad mounted or placed underground; and (2) Contain the written approval, affixed to the subdivision plat, as a condition of approval by the town council and town planning and zoning commission, of all electric, telephone, cable television and other communication or utility companies serving the town and which will provide service to the proposed subdivision or development. (b) Waiver. The town council may authorize and permit a waiver from the undergrounding requirement upon recommendation by the planning and zoning commission. (c) Charges. Nothing in this article or any other ordinance of the town shall prohibit or restrict any electric, telephone or other utility or communications company from charging the owner, developer or subdivider of or within a subdivision for the difference between the cost of constructing overhead lines and wires and placing the same underground, or from charging the owner[,] developer or subdivider of or within a subdivision for extension of its lines and wires, in accordance with the methods and procedures set forth in the respective utility’s or communications company’s approval tariff. It shall be the responsibility and duty of any such owner, developer or subdivider of, or within a subdivision, to pay all such charges to any such utility or communications company. No such utility or communications company shall be required to begin construction unless and until the owner, developer or subdivider of, or within a subdivision, has made arrangements satisfactory to the utility or communications company for the payment of the charges specified in this section. (d) Provision of temporary utility service. Nothing in this article shall in any way prohibit or restrict any utility company from providing temporary utility service, provided that such temporary service shall be limited to twelve (12) months, and shall be subject to a $2,000.00 fine for each day in excess of that. (e) Street lighting. Nothing in this article shall restrict or prohibit the placement, erection, or construction of street lighting poles or standards above ground, provided all lines and wires used to provide such lighting are placed underground. (f) Placement of equipment. All electric, telephone, and cable, utilities shall be placed in the rear easement unless otherwise approved by the planning and zoning commission as a part of the platting process. Mechanical equipment, transformers, and other visible installations will not be permitted in the front yards of any lots. Occasional location in the front yard area may be permitted for unusual conditions if said locations have been indicated on an approved preliminary Town Council Page 774 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-35 plat. All such equipment that is installed above ground will be low profile in nature and will not exceed thirty (30) inches in height. Placement of such equipment shall be such that it is located as near the rear property line as possible. Switch gear will be located such that it maintains low visibility but may be placed convenient to and accessible from the street. (g) All above-ground equipment shall be screened from public view, in such a manner that the ground equipment cannot be seen from a public right-of-way. Said screening shall be completed at the time of installation by the utility company and/or developer. (Ordinance 98-08, sec. 3.13, adopted 4/21/98; Ordinance 2001-21, sec. 3.13, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.13) Secs. 10.02.074–10.02.100 Reserved Division 4. Improvements Generally* Sec. 10.02.101 Responsibility for construction All on-site improvements to be dedicated to the public, including water and sewer lines, storm drainage facilities, and street construction shall be installed by the subdivider. The subdivider shall be responsible for 100% of the expense of all on-site improvements, which are to be dedicated to the town and the MUD. (Ordinance 98-08, sec. 4.1, adopted 4/21/98; Ordinance 2001-21, sec. 4.1, adopted 9/17/01; 2006 Code, ch. 12, sec. 4.01) Sec. 10.02.102 Prior approval of engineering designs Prior to commencement of construction of any proposed utility lines, drainage, or street improvements, the developer shall have received approval of the engineering plans or designs by the town engineer. The engineering drawings shall contain the seal and signature of a registered professional engineer as required by the laws of the State of Texas. (Ordinance 98-08, sec. 4.2, adopted 4/21/98; Ordinance 2001-21, sec. 4.2, adopted 9/17/01; 2006 Code, ch. 12, sec. 4.02) Sec. 10.02.103 Inspections The town or the MUD, as applicable, shall issue no permit until the completion of all public dedicated improvements and acceptance of such improvements associated with the subdivision are approved by the town. The town engineer shall have the authority, after reviewing the construction of improvements, to accept and release parts of the subdivision for building permits. All construction work, including but not limited to street grading, street paving, storm sewers, curb and/or gutter work, sanitary sewers or water mains performed by the subdivider, developer, owner or contractor shall be subject to inspection by the proper authorities of the town or the MUD and shall be constructed in accordance with the design standards for paving, drainage and utility improvements approved by the town council or the MUD, where applicable, and in accordance with any other provisions of any other ordinance of the town applicable thereto. (Ordinance 98-08, sec. 4.3, adopted 4/21/98; Ordinance 2001-21, sec. 4.3, adopted 9/17/01; 2006 Code, ch. 12, sec. 4.03) * Editor’s note–As set out in the 2006 Code, articles IV and V of chapter 12 (divisions 4 and 5 of this article) were both titled “Improvements.” The titles have been revised by the editor. Town Council Page 775 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-36 Sec. 10.02.104 As-built plans Prior to the acceptance of public improvements related to a subdivision by the town or the MUD, where applicable, the engineer for the subdivider or developer shall submit to the town or the MUD a complete set of drawings of the paving, drainage, water and sewer improvements showing all changes made in the plans during construction and containing on each sheet an “as- built” stamp bearing the signature of the engineer for the subdivider or developer and the date. In addition, one reproducible drawing of the utility plan sheets, containing the “as-built” information, shall be submitted. (Ordinance 98-08, sec. 4.4, adopted 4/21/98; Ordinance 2001-21, sec. 4.4, adopted 9/17/01; 2006 Code, ch. 12, sec. 4.04) Sec. 10.02.105 Engineer’s certificate (a) Upon completion of the construction of all public improvements, a certificate shall be provided, signed by the subdivision’s registered engineer, that any and all improvements constructed in the subdivision have been completed in accordance with the approved construction plans, and that all monuments and lot markers have been properly located and placed in accordance with this article as applicable. (b) The town shall verify that all items have been completed. The town or its designated representative or agent shall conduct a final inspection of the project or subdivision and, if all work is found to be acceptable, issue a letter of acceptance. Any items of exception noted in the acceptance shall be immediately satisfied. Acceptance of public improvements of this subdivision shall mean that the title to all improvements is vested in the town or relevant MUD. (Ordinance 98-08, sec. 4.4, adopted 4/21/98; Ordinance 2001-21, sec. 4.4, adopted 9/17/01; 2006 Code, ch. 12, sec. 4.05) Secs. 10.02.106–10.02.130 Reserved Division 5. Specifications for Improvements* Sec. 10.02.131 Generally (a) Conformity to the design standards. No plat or construction plans shall be approved by the planning and zoning commission or town council, and no completed improvements shall be accepted by the town council unless they conform to the subdivision design requirements and town design standards as contained in the town’s “Subdivision Regulations and Design Standards for Paving, Drainage and Utility Improvements,” which are incorporated herein by reference for all purposes. (b) Conformity to the comprehensive land use plan. The subdivision shall conform to the comprehensive land use plan and the parts thereof as it exists and as hereafter amended. (c) Reserve strips prohibited. There shall be no reserve strips of land except those which are conveyed or dedicated to the government having jurisdiction. * Editor’s note–As set out in the 2006 Code, articles IV and V of chapter 12 (divisions 4 and 5 of this article) were both titled “Improvements.” The titles have been revised by the editor. Town Council Page 776 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-37 (d) Extension of town facilities. To properly serve a subdivision, it may be necessary to extend existing utilities and/or drainage facilities. When these extensions or facilities are constructed outside the proposed subdivision, they are herein referred to as “off-site improvements.” The subdivider shall be required to participate with off-site improvements of such size to adequately serve the area being subdivided. (Ordinance 98-08, sec. 5.1, adopted 4/21/98; Ordinance 2001-21, sec. 5.1, adopted 9/17/01; 2006 Code, ch. 12, sec. 5.01) Sec. 10.02.132 Blocks Block lengths shall not exceed twelve hundred (1,200) feet except along primary collectors. Lengths shall be measured from the intersection of the centerlines of streets. In the case of cul-de- sacs, lengths shall be measured on street centerline from the intersection of the street to the radius point of the cul-de-sac. (Ordinance 98-08, sec. 5.2, adopted 4/21/98; Ordinance 2001-21, sec. 5.2, adopted 9/17/01; 2006 Code, ch. 12, sec. 5.02) Sec. 10.02.133 Lots (a) Generally. The lot design should provide for lots of adequate width, depth and shape to provide open area, to eliminate overcrowding, and to be appropriate for the location of the subdivision and for the type of development and use contemplated, and in accordance with the adopted comprehensive zoning ordinance of the town and all other applicable codes and regulations. (b) Side lot lines. Shall be substantially at right angles to straight streets and radial to curved street lines. (c) Extra depth and width in certain cases. Where a lot in a residential area backs up to electric transmission lines (69 KV or higher), an arterial street, or other land use which has a depreciating effect on the residential use of the property, and where no marginal access street or other street is provided at the rear of such lot, additional depth may be required by the planning and zoning commission upon demonstration of hardship based upon documented engineering standards and special conditions of the property. (d) Lots adjacent to or in floodplains. Subdivision of property in a designated floodplain must meet the requirements of the adopted codes of the town regulating land use and development in the floodplain. Where floodplains are located adjacent to platted lots, the proposed finish floor elevation shall be indicated on the lot on the final plat. (Ordinance 98-08, sec. 5.3, adopted 4/21/98; Ordinance 2001-21, sec. 5.3, adopted 9/17/01; 2006 Code, ch. 12, sec. 5.03) Sec. 10.02.134 Streets (a) Generally. (1) Streets on town comprehensive land use plan or thoroughfare plan. Whenever a tract to be subdivided borders on or embraces any part of any street or parkway so designated on the town comprehensive land use plan or thoroughfare plan, such part of such proposed public way shall be platted by the subdivider in the same location Town Council Page 777 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-38 and at the same width as indicated on the town comprehensive land use plan or thoroughfare plan. All primary and secondary collector street locations, alignment, right-of-way width, pavement width, and cross-section shall be in accordance with the adopted comprehensive land use plan, the town’s adopted subdivision regulations, and all other applicable regulations. (2) Street layout. Adequate streets shall be provided by the subdivider and the arrangement, character, extent, width, grade, and location of each shall be considered in relation to existing and planned streets, topographical conditions, public safety and convenience, and in their appropriate relationship to the proposed uses of land to be served by such streets. The street layout shall be devised for the most advantageous development of the entire neighborhood. (3) Local streets. Streets shall be laid out so as to discourage their use by through traffic. (4) Reserve strips prohibited. There shall be no reserve strips prohibiting access to land dedicated or intended to be dedicated to public use. (5) Street names. Names of new streets shall not duplicate or cause confusion with the names of existing streets, unless the new streets are a continuation of or in alignment with existing streets, in which case names of existing streets shall be used. (6) Relation to adjoining street system. Where necessary to the neighborhood pattern, existing streets in adjoining areas shall be continued and shall be at least as wide as such existing streets and in alignment therewith. (7) Projection of streets. Where adjoining areas are not subdivided, the arrangement of streets in the subdivision shall make provisions necessary for the proper projection of streets into such unsubdivided area. (8) Street lengths. Except for primary collectors, street lengths without an intersection or turnaround shall not exceed twelve hundred (1,200) feet. Lengths shall be measured from intersection of the centerlines of streets. In the case of cul-de-sacs, lengths shall be measured on the centerline from the intersection of the street to the radius point of the cul-de-sac. (9) Street intersections. Street intersections shall be as nearly at right angles as practicable, giving due regard to terrain and topography, sight distances, and safety. All major and minor collectors, unless otherwise approved by the planning and zoning commission, shall intersect at or near ninety (90) degree angles. (10) Street jogs. Street jogs with centerline offsets of less than one hundred fifty (150) feet shall be prohibited. Streets intersecting with or extending to meet an existing street shall be tied to the existing street on centerline with distances and angles to show relationships. (11) Half streets. No half streets will be permitted along the boundaries of proposed subdivisions. Town Council Page 778 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-39 (12) Dead-end streets. Permanent dead-end streets shall be prohibited unless used as short stubs to permit future expansion. Permanent dead-end streets shall not exceed the depth of one (1) lot or two hundred fifty (250) feet, whichever is less. (13) Cul-de-sac. A cul-de-sac shall not be more than six hundred (600) feet in length measured from the street centerline intersection and the radius point of the cul-de-sac. The turnaround shall have a minimum right-of-way radius of fifty (50) feet and a minimum driving surface radius of forty (40) feet. (14) Private streets. Private streets shall only be permitted to be constructed within the corporate limits of the town if they are approved as a part of a Planned Development (PD) District and have established a homeowners’ association for the maintenance of private streets, common spaces, and common facilities. In such cases the streets shall be constructed in accordance with all the design standards for streets and storm drainage as contained in the design documents adopted and/or used as standard engineering practice within the town. (15) Residential driveways. Residential driveways to serve garages, porte-cocheres and/or storage areas shall not be more than twenty-four feet (24') in width, measured at the property line. A driveway shall not begin less than five feet (5') from the point of tangency of the corner radius of an intersection. Residential driveways shall not be constructed closer than ten feet (10') apart unless approved by the planning and zoning administrator. (16) Commercial driveways. Commercial driveways shall not exceed sixty-five percent (65%) of the property frontage, and shall be a minimum of twenty-four feet (24') and a maximum of forty-five feet (45') in width, measured at the property line. When the property frontage is seventy-five feet (75') or greater, the driveway measured at the property line shall not begin less than ten feet (10') from the property corner. When the property frontage is less than seventy-five feet (75'), the driveway measured at the property line may begin a minimum of five feet (5') from the property corner, provided there is not an existing driveway within fifteen feet (15') of the property corner of the adjacent property. The radius of all driveways shall be a minimum of ten feet (10'), except in instances where the edge of the driveway is located less than ten feet (10') from the property corner. In such cases, the minimum radius shall be five feet (5'). (17) Service drives. For townhouse lots that have rear entry garages, each townhouse lot shall be provided with a service drive, private alley, or public alley abutting the rear lot line. Such service drive or alley shall have a minimum right-of-way width of twenty-five feet (25'), a minimum paved surface width of twenty-two feet (22'), and shall be developed in accordance with town design standards. Service drives and private alleys shall not exceed nine hundred feet (900') in length without providing Town Council Page 779 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-40 access at the midsection of the alley to a public street. Service drives shall not be dedicated to the town and maintenance of said service drives shall be the responsibility of the owner, owners or homeowners’ association within the subdivision. (18) Curb ramps. Curb ramps complying with the Americans With Disabilities Act, as amended shall be provided at all intersections. Ramps shall be located to provide adequate and reasonable access for the safe and convenient movement of persons with disabilities, including but not limited to movement in a wheelchair. (19) Street signs. Within the corporate limits of the town street signs shall be furnished and installed by the subdivider or developer at each intersection. In addition, the developer shall install all regulatory, warning and guide signs, including posts, as shown on the approved plans or as directed by the town engineer. Examples of regulatory, warning and guide signs are as follows: (A) Regulatory signs shall include, but are not limited to STOP, 4-WAY, YIELD, KEEP RIGHT, and speed limit signs. All stop signs and street signs provided in subdivisions platted after March 21, 1995 shall be of the size and dimension and construction type shown in the following illustration. (B) Warning signs shall include, but are not limited to DEAD END, NO OUTLET, DIVIDED ROAD, and PAVEMENT ENDS. (C) Guide signs shall include, but are not limited to street name signs, DETOUR, direction arrow and advance arrow. (20) Streetlights. All developments shall be provided with streetlights, as shown in the following illustration. Streetlights shall be installed at the cost of the subdivider and at no cost to the town. In general, lights should be located on metal poles at street intersections and at intervals no greater than four hundred feet (400') apart. Streetlights should be the equivalent of one hundred seventy-five (175) watt mercury Town Council Page 780 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-41 vapor fixtures on minor residential streets. All collector streets shall have sodium vapor fixtures with a minimum of two hundred fifty (250) watts. In some instances, greater wattage may be required by the town. The town reserves the right to inspect the street lighting construction. (21) Pavement widths and right-of-way widths. Pavement widths shall be measured from the face of the curb. The minimum widths of pavement and right-of-way shall conform to the adopted comprehensive land use plan, and pavement sections shall conform to the design standards for the town. (22) Primary collector streets. Along all primary collector streets, the following shall apply: (A) When a side or rear yard abuts or lies adjacent to the right-of-way of a primary collector street: (i) Except as provided in subsection (ii) of this subsection (A), no building or structure shall be constructed, erected or installed closer than fifteen (15) feet to the right-of-way; and (ii) A masonry wall not less than six feet (6') in height shall be constructed contiguous to the right-of-way. (B) Within the median area of a primary collector street, trees shall have a full- grown height of at least fifteen feet (15') and shall be planted every fifteen feet (15'). Other plant material may be approved by the town. (23) Responsibility for installation. (A) Internal streets. (i) The subdivider shall be responsible for the construction of all streets within the subdivision at their own expense. Town Council Page 781 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-42 (ii) The subdivider shall, at their own cost, dedicate such right-of-way [for] streets and construct streets of such size as required in section 10.02.071, Dedication, herein so as to adequately serve the area being subdivided. (B) Perimeter streets. Where the proposed subdivision is located adjacent to a substandard road or street within the town and it is deemed not feasible to improve said road or street at the time of development of the subdivision, the subdivider or developer shall pay the town a fee equal to one-half (1/2) the cost of improvements required to meet town standards (including, but not limited to, excavation, subgrade preparation, paving, drainage facilities, utility adjustments and engineering) and dedicate the necessary right-of-way for said road or street as a condition precedent to the acceptance of the subdivision improvements by the town for maintenance purposes. No building permits shall be issued until all fees have been paid. The estimate of the cost of said improvement shall be determined by the town engineer and made available to the subdivider. The fees shall be placed by the town into a street improvement escrow fund, and shall be specifically reserved and used for the improvement of said road or street. When a thoroughfare is improved adjacent to the subdivision there shall not be a curb and gutter assessment levied by the town against the property for which the fee was collected. If the improvement to the road or street does not occur within twenty (20) years from the date the fee is placed on deposit with the town, the fee, including any interest earned thereon, shall be returned to the property owners of record at that time. (Ordinance 98-08, sec. 5.4, adopted 4/21/98; Ordinance 2001-21, sec. 5.4, adopted 9/17/01; 2006 Code, ch. 12, sec. 5.04) Sec. 10.02.135 Sidewalks and extra-width paths (a) Guidelines. Sidewalks and/or extra-width paths, constructed in accordance with the design standards of the town and specifications, shall be required in subdivisions or developments. Sidewalks and/or extra-width paths shall be required in conformance with the comprehensive land use plan and as required to tie in to recognized pedestrian pathways. The following guidelines shall apply generally in determining sidewalk and/or extra-width paths locations: (1) Location of sidewalks and/or extra-width paths shall be determined within each subdivision on a case-by-case basis, as deemed necessary by the planning and zoning commission. (b) Responsibility for installation. (1) The developer, as part of the subdivision plat approval, shall be responsible for the construction of the required sidewalk and/or extra-width path. (2) No final acceptance or certificate of occupancy will be issued until such sidewalk and/or extra-width path has been installed, in accordance with the requirements of the plat approval. (Ordinance 98-08, sec. 5.5, adopted 4/21/98; Ordinance 2001-21, sec. 5.5, adopted 9/17/01; 2006 Code, ch. 12, sec. 5.05) Town Council Page 782 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-43 Sec. 10.02.136 Storm drainage Storm drainage improvements shall comply with design requirements as contained in the town design standards. (Ordinance 98-08, sec. 5.6, adopted 4/21/98; Ordinance 2001-21, sec. 5.6, adopted 9/17/01; 2006 Code, ch. 12, sec. 5.06) Sec. 10.02.137 Water, sewer and fire (a) Generally. The subdivider shall dedicate, at their own cost, such right-of-way and construct such water mains, water lines, fire hydrants, sanitary sewers, and drainage improvements of such a size as to adequately serve the area being subdivided, as determined by the town engineer and/or MUD. All facilities shall be constructed in accordance with town design standards. (b) Water. (1) Water supply and distribution. All subdivisions shall be provided with water supply and water distribution systems approved by the town engineer and/or MUD in accordance with standards as required by the town engineer and/or MUD. (2) Fire hydrants. Standard fire hydrants shall be installed as part of the water distribution system per specification of the state board of insurance, department of public safety, department of public works, and in accordance with the standards as required by the municipal utility district. (c) Wastewater. All subdivisions shall be provided with an approved sewage disposal system approved by the town engineer and/or MUD and in accordance with standards as required by the town engineer and/or MUD. (Ordinance 98-08, sec. 5.7, adopted 4/21/98; Ordinance 2001-21, sec. 5.7, adopted 9/17/01; 2006 Code, ch. 12, sec. 5.07) Sec. 10.02.138 Utility easements (a) The location and width of sanitary sewer system, water, storm sewer, electrical anchors, or other town utility easements shall be determined by the town engineer and/or MUD. (b) Where easements are required for use other than public utilities, the location and width must be acceptable to the private utility company concerned and shall be approved by the planning and zoning commission. (c) Where any public or private utility line is required to be adjusted in location or elevation, the developer or subdivider shall cause such changes to be made with the approval of the town engineer and/or MUD. (d) Where the proposed subdivision adjoins an unplatted property, and a utility easement is to be dedicated on the adjacent property, the owner and/or lienholder shall join in the dedication of a full easement, which shall be shown on the plat. (e) Normal curb exposure shall be required where utility easements intersect streets. Town Council Page 783 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-44 (f) Intersecting utility easements. Where two utility easements intersect or turn at a right angle, a cut-off or corner clip of not less than 10 feet from the normal intersection of the property or easement line shall be provided along each property or easement line. (g) Water, sanitary sewer and storm sewer. Shall be placed within street right-of-way, unless approved otherwise at the time of final plat approval. When a water, sanitary sewer or storm sewer line must cross an existing street, the crossing shall be made by boring or tunneling under the existing street. The bore pit shall be located a minimum of three feet (3') back of curb. The method of the bore shall be approved by the town engineer. All other utilities shall be placed in the rear easements, unless otherwise approved at the time of final plat approval. (Ordinance 98-08, sec. 5.8, adopted 4/21/98; Ordinance 2001-21, sec. 5.8, adopted 9/17/01; 2006 Code, ch. 12, sec. 5.08) Sec. 10.02.139 Monuments (a) Location of monuments. Monuments shall be set at each corner of the survey boundary of the subdivision, and permanent lot markers shall be placed at each lot corner. Monuments and lot markers shall be set immediately after completion of utility installations and street construction, or as the town engineer may require. (b) Monuments. Monuments shall be made of an iron rod three-fourths inch (3/4") in diameter and three feet (3') long, with a cross marked on the top, securely set in the ground until its top is flush with the natural surface of the ground. A block of concrete four inches (4") square or five inches (5") in diameter and eighteen inches (18") deep shall be set around the upper end, flush with the tip of the rod. Where, due to topographical conditions, permanent structures, or other conditions, the view is obstructed between any two (2) adjacent monuments, intermediate monuments shall be so set as to assure a clear view between adjacent monuments. All such intermediate monuments shall be marked with reinforcing iron bars one-quarter (1/4") inch in diameter by two feet (2') long driven nearly flush with the ground or countersunk slightly to avoid being disturbed. The permanent monuments shall be tied into the town’s horizontal and vertical control system. The developer shall incur the cost of setting the monuments but shall provide data to the town engineer to physically place the monuments. (c) Lot markers. Lot markers shall be iron pins no less than eighteen inches (18") long nor less than one-half inch (1/2") in diameter set flush with the ground at every corner, at all angle points, and at all points of curves not otherwise designated under subsection (a) of this section. All points of intersection shall be referenced in accordance with the town’s horizontal control system. (d) Benchmarks. All plats shall provide benchmarks located within the subdivision. Said benchmarks shall clearly reference an elevation in accordance with mean sea level, shall provide horizontal control in accordance with the town’s control system, and shall be tied to a known point by dimensions. (Ordinance 98-08, sec. 5.9, adopted 4/21/98; Ordinance 2001-21, sec. 5.9, adopted 9/17/01; 2006 Code, ch. 12, sec. 5.09) Sec. 10.02.140 Natural tree and ground cover Natural tree and ground cover shall be preserved whenever possible. Other landscape features shall be carefully protected from abuse, marring, or damage during construction. (Ordinance 98- Town Council Page 784 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-45 08, sec. 5.10, adopted 4/21/98; Ordinance 2001-21, sec. 5.10, adopted 9/17/01; 2006 Code, ch. 12, sec. 5.10) Secs. 10.02.141–10.02.170 Reserved Division 6. Enforcement Sec. 10.02.171 Generally Any person or entity contesting any disapproval and/or the interpretation and/or the application of any rule, standard, regulation, determination, requirement or necessity set forth in these regulations shall have the right to have a hearing before the town council. Such appeal shall be filed in writing within seven (7) days of the adverse determination in accordance with the requirements of these regulations. The hearing shall be held within twenty-four (24) days after the date the written request is filed. Decision of the town council shall be final, and such further appeal shall be in accordance with appropriate law. (Ordinance 98-08, sec. 6.1, adopted 4/21/98; Ordinance 2001-21, sec. 6.1, adopted 9/17/01; 2006 Code, ch. 12, sec. 6.01) Sec. 10.02.172 Penalty for violators of regulations (a) Except as provided in subsection (b) of this section, any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine in a sum not to exceed two thousand dollars ($2,000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs. (b) Any person violating any provision of this article, on real property which is located within the extraterritorial jurisdiction (ETJ) of the town subject to the requirements of this article, shall not be guilty of a misdemeanor as provided by subsection (a) of this section. However, the town may institute an action in the district court of the county where the real property is located to enjoin the violation of any municipal ordinances or codes applicable in the ETJ. (Ordinance 98-08, sec. 6.2, adopted 4/21/98; Ordinance 2001-21, sec. 6.2, adopted 9/17/01; 2006 Code, ch. 12, sec. 6.02) Sec. 10.02.173 Town attorney’s authority On behalf of the town, the town attorney, when directed by the town council, shall institute appropriate action in a court of competent jurisdiction to enforce the provisions of these regulations or the standards referred to herein with respect to any violation thereof which occurs within any area subject to all or part of the provisions of these regulations that is located within the town or within the extraterritorial jurisdiction of the town. (Ordinance 98-08, sec. 6.3, adopted 4/21/98; Ordinance 2001-21, sec. 6.3, adopted 9/17/01; 2006 Code, ch. 12, sec. 6.03) Sec. 10.02.174 Waivers to subdivision regulations (a) The town council shall have the ultimate power to grant or reject waivers to the subdivision regulations upon receipt of a recommendation from the planning and zoning commission. The town council may authorize a waiver from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the town council shall prescribe only conditions that it deems necessary to or desirable in the public interest, which will Town Council Page 785 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-46 substantially secure the objectives of these regulations. In making the findings hereinbelow required, the town council shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such waiver upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the town council shall make findings based upon evidence in each specific case that: (1) There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of these regulations would deprive the applicant of the reasonable use of the land; and (2) The conditions upon which the request for variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; and (3) The waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant; and (4) The granting of the waiver will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and (5) The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the adopted comprehensive land use plan and the provisions of these regulations. (b) Such findings of the planning and zoning commission and the town council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the town council meeting at which such waiver is granted or denied. Waivers may be granted only when in harmony with the general purpose and intent of the adopted comprehensive land use plan and these regulations so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship standing alone shall not be deemed to constitute undue hardship. The town council determination shall be final. (c) An application for waiver shall be submitted in writing by the applicant at the time when the preliminary plat or final plat is filed for consideration by the planning and zoning commission. The application shall state fully the grounds for the application and all of the facts relied upon by the applicant. (d) The planning and zoning commission shall recommend the grant or denial of a waiver based upon the considerations outlined in subsection (a) of this section. (e) The planning and zoning commission, in the recommendation of a waiver of the town council, shall submit to them a letter containing all the specific facts and pertinent data upon which such a waiver has been based applying the criteria listed in subsection (a) of this section. (Ordinance 98-08, sec. 6.4, adopted 4/21/98; Ordinance 2001-21, sec. 6.4, adopted 9/17/01; 2006 Code, ch. 12, sec. 6.04) Secs. 10.02.175–10.02.200 Reserved Town Council Page 786 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-47 Division 7. Developer’s Agreement, Financial Assurance and Construction Contracts for Public Improvements Sec. 10.02.201 Procedures (a) Contract required. The owner of property shall be required to execute a developer’s agreement as a condition of plat approval whenever the installation of community facilities or public improvements is required. A developer’s agreement shall be prepared after the final engineering plans and cost estimates have been approved. (b) Approval of contract. (1) The owner of property shall be required to execute a developer’s agreement as a condition of plat approval whenever the installation of community facilities or public improvements is required. A developer’s agreement shall be prepared after the final engineering plans and cost estimates have been approved. (2) The mayor shall review and sign the contract on behalf of the town upon approval by the town council. (3) No construction work shall begin on the subdivision before the developer’s agreement is approved and signed by the mayor. This provision shall exclude the moving of dirt, when in conformance with section 10.02.251 of this code. (4) The town will use its best effort to expedite all necessary instruments and documents within the town administration. (c) Changes in contract/scope of project. Any subsequent changes in the plans and specifications of the approved project which result in an increase in the project scope shall necessitate an amendment to the developer’s agreement and amendments to all required financial assurance instruments. An increase in the project scope shall also require an increase in the inspection fee, as authorized in section 10.02.203(a) below. The developer shall bear the full cost of any additional work required by the town attorney and/or town engineer in revising and/or reviewing the revised documents, and approval shall not be granted until such additional fees are paid. (Ordinance 98-08, sec. 7.1, adopted 4/21/98; Ordinance 2001-21, sec. 7.1, adopted 9/17/01; 2006 Code, ch. 12, sec. 7.01; Ordinance 2007-02, sec. II, adopted 2/5/07) Sec. 10.02.202 Performance bonds, payment bonds, maintenance bonds and financial assurances (a) Performance bonds. Performance bonds, sureties or irrevocable letters of credit on forms approved by the town attorney meeting the requirements of chapter 2253 of the Texas Government Code, where applicable, shall be required for all public improvements or community facilities prior to the execution of the developer’s agreement, the filing of the final plat and issuance of any building permits. Bonds, irrevocable letters of credit, certificates of deposit or cash deposits shall be for 100% of the value, as determined by the town engineer, of the Town Council Page 787 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-48 construction costs of all public improvements and community facilities to be constructed by the developer. (1) A cash deposit may be made with the town in lieu of the performance bond. The cash deposit shall be held by the town in a regular insured savings account and shall accrue interest at the then-current available regular savings account rate of interest. Interest shall accrue in the account to the benefit of the developer and shall be returned to the developer with the cash deposit upon satisfactory completion of the facilities and acceptance by the town. (2) A certificate of deposit issued by any financial institution, which is insured by the Federal Deposit Insurance Corporation or Federal Savings and Loan Insurance Corporation, may be submitted by the developer in lieu of the performance bond. Such certificate of deposit shall be held in the town depository. When this option is exercised, the developer shall execute four copies of a letter (approved by the town) assigning the deposit to the town and providing for the town to withdraw the deposit if necessary to complete construction. Such letter of assignment must be accepted in writing by the financial institution. Upon satisfactory completion of the facilities for which the deposit is made as security, the town shall reassign the deposit to the developer, including accrued interest or dividends thereon. (3) A letter of credit may be submitted in lieu of the performance bond. When the option is exercised to provide an irrevocable letter of credit from a financial institution, the form of the letter shall be approved by the town attorney. (b) Payment bonds. The developer shall provide a material and labor payment bond on a form approved by the town attorney meeting the requirements of chapter 2253 of the Texas Government Code in the amount of one hundred percent (100%) of the contract price. (c) Maintenance bonds. The developer shall provide a maintenance bond on a form approved by the town attorney guaranteeing and agreeing to pay any necessary maintenance for a period of two (2) years in an amount equal to 100 percent (100%) of the value of the construction costs of all facilities to be constructed by the developer. The developer may submit any of the other forms of financial guarantee described in subsection (a)(1), (2), or (3) of this section in lieu of providing the maintenance bond; providing, however, that the same conditions shall prevail as under subsection (a)(1), (2), or (3) of this section when certificates of deposit, irrevocable letters of credit or cash deposits are used instead of surety company bonds. (d) Financial assurances. The developer shall furnish and maintain at all times prior to the town’s final acceptance of the public improvements and community facilities, an owner’s protective liability insurance policy naming the town as additional insured for property damage and bodily injury. Coverage shall be on an “occurrence” basis and shall be issued with a combined bodily injury and property damage minimum limit of $600,000.00 per occurrence and $1,000,000.00 aggregate. The town shall be named as an additional insured on that policy. (e) Approved forms. All financial assurance provided under this section shall be submitted on a form approved by the town attorney. Each financial assurance submitted by a developer on a form other than the one which has been previously approved by the town as “acceptable” shall be submitted to the town attorney at the developer’s expense. Town Council Page 788 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-49 (f) Third party assurances. As an alternative means for compliance with the requirements contained in subsections (a), (b), and (c) of this section, the developer may submit to the town financial assurances for performance, payment and maintenance from a single general contractor for the project, provided that such assurances meet all other requirements of this article and name the town as dual obligee. (Ordinance 98-08, sec. 7.1, adopted 4/21/98; Ordinance 2001-21, sec. 7.1, adopted 9/17/01; Ordinance 2003-04, sec. II, adopted 3/3/03; 2006 Code, ch. 12, sec. 7.02) Sec. 10.02.203 Inspections and approval of public improvements (a) The town council shall establish fees for the inspection of public improvements as part of the town’s adopted fee schedule. No person shall be granted notice to proceed to construct, reconstruct, cut or repair any street, drainage or sanitary sewer facility without paying the fees for the inspection of such work. (b) The developer’s contractor shall give at least twenty-four (24) hours’ notice in writing to the town of intent to commence actual construction of the facilities in order for inspection personnel to be made available. (c) The developer shall delay connection of buildings to service lines of sewer and water mains until such sewer and water mains and service lines have been completed and accepted by the town. (d) It shall be the duty of the developer to notify all contractors and subcontractors working on the project that all of their work is subject to inspection by the town inspector at any time. Certification of materials being used may be required by the town inspector. (e) Laboratory tests required by the town inspector shall be performed by approved independent testing laboratories and will be at the discretion of the town inspector. Approved laboratories are laboratories that are members of the American Council of Independent Laboratories and shall comply with standard recommended practice for inspection and testing agencies for concrete, steel, and bituminous materials as used in construction, ASTM Designation E329. All costs for laboratory tests shall be borne by the developer or his/her contractor. (f) Should any point not be covered in the plans, or developer’s agreement, the developer shall be required to contact the town engineer for a determination as to the town’s requirements. (g) Any work, which in the opinion of the town inspector does not meet the town requirements or has not had proper town inspection, shall be corrected. The inspector shall notify the contractor and developer in writing of the deficiencies. The developer shall be required to cease all operations until the defect has been corrected and all town requirements have been met and proper inspections conducted. (Ordinance 98-08, sec. 7.3, adopted 4/21/98; Ordinance 2001-21, sec. 7.3, adopted 9/17/01; 2006 Code, ch. 12, sec. 7.03) Sec. 10.02.204 Deferral or waiver of required improvements (a) The planning and zoning commission may recommend and the town council may defer, reduce, or waive at the time of plat approval, subject to appropriate conditions, the provision of Town Council Page 789 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-50 any or all such improvements as, in its judgment, are not necessarily in the interest of the public health, safety, and general welfare. (b) Whenever it is deemed necessary by the planning and zoning commission and town council to defer the construction of any improvements required herein because of incompatible grades, future planning, inadequate or lack of connecting facilities, or for other reasons, the developer shall pay his/her proportionate share of the costs of the future improvements prior to approval and recording of the final plat. In lieu of a cash payment, the developer may use one of the other improvement guarantees set forth in this article. (Ordinance 98-08, sec. 7.4, adopted 4/21/98; Ordinance 2001-21, sec. 7.4, adopted 9/17/01; 2006 Code, ch. 12, sec. 7.04) Sec. 10.02.205 General construction requirements Prior to initiating any construction work, the contractor and all subcontractors shall conduct a pre- construction conference with the town, town engineer, town inspector and all affected franchised utilities and other appropriate parties deemed necessary by the town. Prior to the conference, the contractor shall provide a proposed construction sequence and schedule and a traffic safety plan, if required, for review and approval by the town engineer. (Ordinance 98-08, sec. 7.5, adopted 4/21/98; Ordinance 2001-21, sec. 7.5, adopted 9/17/01; 2006 Code, ch. 12, sec. 7.05) Sec. 10.02.206 Approval of work (a) All work performed in construction, reconstruction, cutting and repairing of streets, storm sewer and other public improvements shall be subject to the approval of the town engineer, whose decision shall be final. (b) The town shall not release the obligations of any financial assurance, including performance bonds, until the improvements have been approved and accepted by the town pursuant to the action of the town council. The town shall hold the developer responsible for completion of the project. (Ordinance 98-08, sec. 7.6, adopted 4/21/98; Ordinance 2001-21, sec. 7.6, adopted 9/17/01; 2006 Code, ch. 12, sec. 7.06) Sec. 10.02.207 Ownership and maintenance of completed public facilities Upon acceptance of completed construction, all street improvements including construction of streets, alleys, thoroughfares, curbs, gutters, sidewalks, storm sewers, and drainage channels within dedicated rights-of-ways and easements shall be and remain the property of the town. The developer shall be responsible for maintenance of the completed public improvement for a two (2) year period, following acceptance by the town. After expiration of the two (2) year maintenance period, the improvements shall be maintained by the town. (Ordinance 98-08, sec. 7.7, adopted 4/21/98; Ordinance 2001-21, sec. 7.7, adopted 9/17/01; 2006 Code, ch. 12, sec. 7.07) Sec. 10.02.208 Refund to developer from future connection to sanitary sewer system (a) Application. Upon application and approval by the town council, a developer that is required to extend a sanitary sewer collection line past undeveloped property to reach his/her development may receive a refund from any future developer that connects to such line within ten Town Council Page 790 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-51 (10) years of the initial construction. The application shall identify the developer who is to receive the refund and provide an address where such refund may be forwarded. Developer shall be required to update address information within thirty (30) days of each change of that information. The developer is eligible for refunds equal to, but not greater than, one hundred percent (100%) of his participation in the sanitary sewer main for a period of ten (10) years after completion of construction. (b) Determination and application of connection fees. The town engineer will develop a linear front-foot cost for the construction of the sanitary sewer main. Any future subdivision or plat that fronts along the affected sanitary sewer main shall be required to pay the calculated front-foot cost to the town as a condition of plat approval. The town shall then notify the original developer of the availability of the refund. If the funds subject to refund remain uncollected by the developer to whom they are due for more than one year after notification, the funds shall become the property of the town. (c) Records. The public works director or his/her designee shall maintain a record of the project, front-foot basis determined by town engineer, refund limit, date construction was completed, limits upon which front-foot fee may be collected, and the name of the developer entitled to refund. (Ordinance 98-08, sec. 7.8, adopted 4/21/98; Ordinance 2001-21, sec. 7.8, adopted 9/17/01; 2006 Code, ch. 12, sec. 7.08) Secs. 10.02.209–10.02.240 Reserved Division 8. Tree Preservation and Removal Sec. 10.02.241 Definitions Buildable area. That portion of building site exclusive of the required yard areas on which a structure or building improvement may be erected and including the actual structure, pool, and other construction as shown on a site plan, excluding driveways and parking lots. Canopy. Any high covering limbs and/or leaves hanging over or creating shelter under the tree’s foliage. Crown. The top, upper, or highest portion of a tree, including the leaves and living branches. Developed property. Property that has been platted. Developer. Any individual, partnership, firm, association, joint venture, organization, corporation, builder, construction company or governmental entity. Drip line. The area directly under the canopy or shelter area created by the canopy. Environmental Protection Agency (EPA). The United States Environmental Protection Agency, or any duly authorized official of such agency. FHA. Federal Housing Administration. Historic tree. Shall have the meaning assigned in section 10.02.247 of this division. Town Council Page 791 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-52 Land-disturbing activity. Any activity, including but not limited to, excavation, planting, tilling, grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock or involves the diversion or piping of any natural or man-made watercourse, which disturbs the natural or improved vegetative ground cover so as to expose soil to the erosive forces of rain, stormwater runoff or wind. All installations and maintenance of franchise utilities, such as telephone, gas, electric, etc., shall be considered land-disturbing activities. Majestic tree. Shall have the meaning assigned in section 10.02.247 of this division. Original construction. Initial construction. Person. An individual, corporation, firm, partnership, association, company, joint venture, organization or other legal entity, other than the town, the Municipal Utility District 1 or the Municipal Utility District 2. Planning and zoning commission. The planning and zoning commission of the town, as appointed by the town council. Protected tree. Shall have the meaning assigned in section 10.02.245 of this division. Soil creep. The slow, downslope movement of soil under the influence of gravity, frost heave, thermal expansion, and contraction of the surface. Specimen tree. Shall have the meaning assigned in section 10.02.246 of this division. Texas Commission on Environmental Quality (TCEQ). The Texas Commission on Environmental Quality, or any duly authorized official of such agency. Town. The Town of Trophy Club, Texas. Town manager. The town manager of Trophy Club or authorized designee. (Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05; Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.01; Ordinance 2009-04, sec. II, adopted 2/16/09) Sec. 10.02.242 Parks and recreation board to serve as tree board (a) Role of parks and recreation board. The parks and recreation board shall serve as the tree board for the town (the “board”). (b) Duties and responsibilities. It shall be the responsibility of the board to: (1) Determine cash value for a tree replacement; (2) Designate protected, specimen, historical, and majestic trees, as defined herein; (3) Develop and approve tree lists; Town Council Page 792 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-53 (4) Inform and develop an informational tree pamphlet; (5) Hear appeals; (6) Annually develop a written plan, in conjunction with the town manager or his designee for the care, preservation, trimming, planting, replanting, removal, or disposition of trees and shrubs in public ways, streets, alleys, and parks. Such plan will be presented annually to the town council and upon acceptance and approval, shall constitute the official comprehensive tree plan for the town. The town manager or his designee shall be charged with carrying out the plan; and (7) Ensure the Tree City USA application for recertification is submitted annually. (Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05; Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.02; Ordinance 2009-04, sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.01, adopted 3/21/11) Sec. 10.02.243 Tree preservation (a) Intent. The removal or replanting of any protected trees (specifically, protected, specimen, majestic or historic trees, as defined in this division) requires a tree removal permit or a tree replanting permit, as the case may be, in accordance with the terms and provisions hereof. (b) Applicability. The purpose of this division is to regulate undeveloped and vacant real property in accordance with the regulations contained herein both prior to and during the platting, subdivision and development of property, including but not limited to grading or any other construction activity. The terms and provisions of this division shall apply to all real property within the town’s corporate limits which meets one or more of the following criteria: (1) All vacant or undeveloped real property prior to and during the platting, subdivision and development of property, including but not limited to grading, any other construction activity on the property, or preparation of the property for any construction activity thereon; (2) All platted real property which is replatted, resubdivided or for which additional subdivision occurs; (3) The yard areas of all developed property, excluding developed single-family and two-family residential property. It is provided, however, that where a building lot or site is one acre or larger in size, then no protected, specimen, majestic or historic trees shall be removed from the buildable area of the lot or site before the issuance of a building permit relating to the lot or site. (4) Exemptions. (A) The terms and provisions of this division shall not apply to developed single- family and two-family residential property. Town Council Page 793 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-54 (B) Local taxing authorities, constructing or improving public grounds and/or buildings, shall be exempt from the requirements set forth in this division. The terms and provisions of this division shall not apply to developed single-family and two- family residential property. (c) Exceptions. Under the following circumstances, a tree removal permit is not required: (1) In the event that any protected, specimen, majestic or historic tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety, and require immediate removal without delay, authorization for removal may be given by the town manager or his designee upon the request of the owner of the property upon which the tree is located, and such protected, specimen, majestic or historic tree may then be removed without obtaining a written permit as required by this division. (2) During the period of an emergency, such as a tornado, storm, flood or other act of God, the requirements of this division may be waived as deemed necessary by the town manager or his designee. (3) Utility companies franchised or otherwise authorized to provide utility service may remove protected, specimen, majestic or historic trees that endanger public safety and welfare by interfering with utility service, except where such trees are on owner- occupied properties developed for single-family or two-family use, removal of such trees shall be at the option of the property owner(s). (4) The mowing, clearing and grubbing of brush located within or under the drip lines of protected, specimen, majestic or historic trees shall be allowed, provided such mowing, clearing or grubbing is accomplished by hand or by manually operated mowers. The use of bulldozers, loaders or other construction or earth-moving equipment for this purpose shall not be allowed. (5) For public recreational property or uses, such as public golf courses and baseball, soccer, football or similar public athletic facilities, and public works projects such as water or wastewater treatment plants, pump stations, storage tanks, and public streets and drainage improvements, the buildable area of the property shall include that portion of the property necessary for the construction of such recreational and public works improvements, including sufficient adjacent area to allow the normal operation of construction equipment. (6) The terms and provisions of this division shall not apply to a lot of record, a deed for which was recorded in the office of the county clerk prior to the passage of this division, or to any development, subdivision or resubdivision for which a completed application for approval has been filed with the town or for which a plat has been approved by the planning and zoning commission and/or the town council and filed in the plat records of the county prior to the effective date of this division. Town Council Page 794 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-55 (7) All easements and rights-of-way included on a record plat approved by the town and filed in the plat records of the county. (Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05; Ordinance 2006-20, sec. II, adopted 7/10/06; Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.03; Ordinance 2009-04, sec. II, adopted 2/16/09) Sec. 10.02.244 Information assistance (a) In furtherance of the purpose and provisions hereof, the board shall develop and make available to persons making application for either tree removal permits or tree replanting permits, and make available to the general public an informational pamphlet identifying appropriate and useful facts, guidelines and how-to information relative to the preservation, protection and replanting of trees. (b) The town manager or his designee shall also develop, maintain and make available to applicants for tree removal permits or tree replanting permits and to the general public, a tree species reference book to provide more detailed information concerning tree care in general and the characteristics, soil and growth requirements and other traits of specific tree species identified on the town’s protected tree list and approved tree planting and replacement list. (c) A current edition of the Texas Association of Nurserymen Grades and Standards, as applicable, to the tree species on the town’s protected tree list and approved tree planting and replacement list, shall be maintained by the town manager or his designee and made available to applicants for building permits, tree removal permits or tree replanting permits and to the general public, as only those trees meeting and planted or replanted in accordance with the applicable Texas Association of Nurserymen Grades and Standards shall satisfy the tree planting, replanting and/or replacement standards and requirements contained herein. (Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05; Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.04; Ordinance 2009-04, sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11) Sec. 10.02.245 Protected trees (a) Designation of protected trees. A “protected tree” shall be any existing living tree of a species or type listed on the town’s protected tree list and that has or possesses each of the following characteristics or criteria: (1) A single trunk of six inches (6") in caliper width or greater, measured at one foot (1') above natural grade level, and at least eight feet (8') high; or a multi-trunk having a total caliper width of eight inches (8"), measured by combining the caliper width of the largest stem or branch with one-half (1/2) the caliper width of each additional stem or branch, all measured at one foot (1') above natural grade level, and at least twelve feet (12') high; and (2) Located outside of a public street, alley, right-of-way, utility easement, drainage easement, fence easement, pedestrian access easement, or other public right-of-way or easement; or the buildable area of a building lot or site, as included on a record plat approved by the town council and filed in the plat records of the county; or the buildable area of a building lot or site, as included on a building permit site plan Town Council Page 795 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-56 approved by the town. For the purposes of any development of a building lot or site one (1) acre in area or larger, “buildable area” shall mean all that portion of the building lot or site inclusive of the footprint of the building(s) and projected ten feet (10') from the outside of the building footprint. For the purposes of any development of a building lot or site less than one (1) acre in area, “buildable area” shall mean that portion of the building lot or site not within the required front yard, side yard and rear yard areas. For the purposes of issuing building permits, “buildable area” shall also mean those areas on a building lot or site, as shown on the required site plan, necessary for the construction of such other improvements as pools, tennis courts and accessory buildings, excluding driveways and parking lots and including sufficient adjacent area to allow for the normal operation of construction equipment. (b) Exception. A protected tree shall not include any living tree that a registered arborist or landscape architect certifies in writing is injured, dying, diseased or infested with harmful insects; that is in danger of falling, interferes with utility service or creates unsafe vision clearance; in any manner creates a hazardous or dangerous condition so as to endanger the public health, welfare or safety; or that is identified on approved construction plans as necessary to be removed to comply with EPA or TCEQ stormwater permitting requirements or FHA lot grading plans. (c) Approved tree list. (1) Generally. The tree species lists contained herein have been developed and will be periodically updated by the board and shall be maintained as guides for the identification and selection of tree species that meet the various standards and requirements of this division. Trees included on these tree species lists were selected on the basis of one or more of the following criteria or factors: hardiness, resistance to disease, suitability relative to local climate and soil conditions, adaptability for transplantation, longevity, and to various landscape conditions, resistance to drought, aesthetic qualities, shade provision, windbreak provision, and screening qualities. (2) Protected tree list. Only those tree species found on the following list shall be subject to the preservation, protection and replanting requirements of this division. Protected Tree List American Elm (Ulmus americana) Austrian Pine (Pinus nigra, Pinus nigra caramanica, Pinus nigra nigra) Bald Cypress (Taxodium distichum) Black Walnut (Juglans nigra) Blackjack Oak (Quercus marilandica) Bur Oak (Quercus macrocarpa) Carolina Buckthorn (Rhamnus caroliniana) Cedar Elm (Ulmus crassifolia) Chinese Pistache (Pistachia chinensis) Chinkapin Oak (Quercus muehlenbergii) Chittamwood (Bumelia languinosa) Common Persimmon Diospyros virginiana) Eldarica Pine (Pinus eldarica) Town Council Page 796 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-57 Escarpment Live Oak (Quercus fusiformis) Japanese Black Pine (Pinus thunbergii) Lacebark Elm (Ulmus parvifolia) Magnolia (Magnolia grandiflora) Mexican Plum (Prunus mexicana) Pecans and Hickories (Carya species) Possum Haw (Ilex deciduas) Post Oak (Quercus stellata) Redbuds (Cercis species) Sawtooth Oak (Quercus acutissima) Shumard Oak (Quercus shumardi) Slippery Elm (Ulmus rubra) Southern Live Oak (Quercus virginiana) Sweet Gum (Liquidambar styraciflua) Texas Buckeye (Aesculus glabra v. arguta) Texas Red Oak (Quercus texana) Water Oak (Quercus nigra) Western Soapberry (Sapindus drummondii) Winged Elm (Ulmus alata) Yaupon Holly (Ilex vomitoria) (d) Replanting of protected trees. No person, directly or indirectly, shall replant, relocate, transfer or move from one location to another any protected tree on any real property within the town without first obtaining a tree replanting permit. (e) Replanting standards. Only those trees meeting and replanted in accordance with the applicable Texas Association of Nurserymen Grades and Standards shall satisfy the tree replanting requirements contained herein. (f) Penalty for unauthorized replanting of protected trees. Any person replanting, relocating, transferring or moving from one location to another any protected trees on any real property within the town without first obtaining a tree replanting permit, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 10.02.248(e) below. (Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05; Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.05; Ordinance 2009-04, sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11) Sec. 10.02.246 Specimen trees (a) Designation of specimen trees. Specimen trees shall be designated according to the following provisions: (1) Except as specified below, any tree listed on the town’s protected tree list and the caliper of which is within fifty percent (50%) of the caliper width or circumference (measured at one foot (1') above ground level) of the same such tree as listed in the most current edition of the Big Tree Registry, as amended, published by the Texas Forest Service, shall be considered a “specimen tree.” A copy of such registry shall be available for review in the parks department. On a going-forward basis (as land is Town Council Page 797 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-58 platted), a listing and map of all designated specimen trees shall be maintained and updated by the town manager or his designee and made available to the public upon request. In addition to the provisions of this subsection, a specimen tree shall be any other tree that has been designated by the town council, upon recommendation by the board, after public hearing and due notice to the owner of the tree, to be of high value because of its type, size, age or other relevant criteria. Notwithstanding the foregoing, the trees listed below shall be considered specimen trees in accordance with the following schedule: Type of Tree Percent of Big Tree Registry Any tree not listed on the protected tree list in section 10.02.245 herein 75% (Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05; Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.06; Ordinance 2009-04, sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11) Sec. 10.02.247 Majestic or historic trees (a) Designation of majestic or historic trees. Majestic or historic trees shall be designated according to the following provisions: (1) Majestic trees. Any tree listed on the town’s protected tree list and within seventy- five percent (75%) of the caliper width or circumference (measured at one foot (1') above ground level) of the same such tree as listed in the most current edition of the Big Tree Registry, as amended, published by the Texas Forest Service, shall be considered a majestic tree. A copy of such registry shall be available for review in the parks department. A listing and map of all designated majestic trees shall be maintained and updated by the town manager or his designee and made available to the public upon request. In addition to the provisions of this subsection, a specimen tree shall be any other tree that has been designated by the town council, upon recommendation by the board, after public hearing and due notice to the owner of the tree, to be of high value because of its type, size, age or other relevant criteria. (2) Historic tree. Upon recommendation by the board, a historic tree shall be any tree that has been designated by the town council, after public hearing and due notice to the owner of the tree, as a tree of notable historical interest and value to the town because of its location or historical association with the community. A listing and map of all designated historic trees shall be maintained and updated by the town manager or his designee and made available to the public upon request. (Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05; Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.07; Ordinance 2009-04, sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11) Sec. 10.02.248 Tree removal and replacement (a) Removal of protected trees. No person, directly or indirectly, shall cut down, destroy, remove or effectively destroy through damaging any protected, specimen, historic or majestic tree, on any real property within the town without first obtaining a tree removal permit, as Town Council Page 798 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-59 provided in section 10.02.250, Tree Permits, unless otherwise exempted by the terms of this division. (b) Permit required. Protected, specimen, historic or majestic trees shall not be removed prior to the issuance of a tree removal permit, as provided in section 10.02.250. Under no circumstances shall the clear-cutting of protected, specimen, historic or majestic trees on any real property within the town be allowed prior to the issuance of a tree removal permit for such property. (c) Replacement trees required. It shall be the responsibility of any person obtaining a tree removal permit to provide replacement tree(s) according to the following criteria: (1) (A) Protected trees: Replace with tree(s) having a total caliper width equivalent to one and one-half (1-1/2) times that of the trees to be removed. (B) Specimen trees: Replace with tree(s) having a total caliper width equivalent to two (2) times that of the trees to be removed. (C) Historic or majestic trees: Replace with tree(s) having a total caliper width equivalent to two and one-half (2-1/2) times that of the trees to be removed. “Total caliper width” for replacement trees shall be measured as follows: For single- trunk trees, the width shall be measured at one foot (1') above ground level. For multi-trunk trees, “total caliper width” shall be calculated by combining the caliper width of the largest stem or branch with one-half of the caliper width of each additional stem or branch, all measured at one foot (1') above ground level. Example: If a 6-inch (6") protected tree is removed, then that tree must be replaced by trees with a total caliper width of nine inches (9"). This total caliper width could be satisfied by one (1) nine-inch (9") caliper replacement tree, or three (3) three-inch (3") caliper width replacement trees, or any other combination providing a total caliper width of nine inches (9"). (2) Such replacement trees shall be container-grown and have a minimum caliper width of two and one-half inches to three inches (2-1/2" to 3"), measured at one foot (1") [sic] above ground level. Alternatively, container-grown replacement trees may have a minimum caliper width of four inches (4") measured at one foot (1") [sic] above ground level. In any event, replacement trees shall have a minimum height of at least six feet (6'). (3) At the discretion of the town manager or his designee, monetary compensation may be paid to the town instead of providing the replacement trees as required by this division. Any such payments shall be deposited in a special account or fund and used by the town to provide and/or support supplemental landscape plantings in public areas of the town or to support the administration and enforcement of the town’s tree preservation regulations. A per-caliper-inch cash value for replacement trees shall be set annually by the town council after review and recommendation by the board. The town manager or his designee shall maintain a record of the current per-caliper-inch cash value of replacement trees. Town Council Page 799 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-60 (d) Acts specifically prohibited. The following acts are prohibited: (1) It shall be unlawful for a person to violate any provision of this division. (2) It shall be unlawful for any person to remove or cause to be removed from real property subject to this division a protected, specimen, historic or majestic tree without first obtaining a tree removal permit. (3) It shall also be unlawful for a person to cause or to allow to cause a tree to be injured as a result of a failure to follow and/or require the use of tree protection measures specified herein such that the tree dies or may reasonably be expected to die. (e) Replacement required upon conviction of offense. If a person fails to obtain a tree removal permit as required by this division, then upon conviction of such violation in municipal court or upon the entry of a plea of guilty or no contest, such person shall in addition to the fine imposed by the court, provide a replacement tree or trees for each such violation. The replacement tree(s) shall have a total caliper width equivalent to: (1) Protected trees: Five (5) times that of the removed tree(s). (2) Specimen trees: Ten (10) times that of the removed tree(s). (3) Majestic or historic trees: Fifteen (15) times that of the removed tree(s). Such replacement trees shall be container-grown and have a minimum caliper width of two and one-half inches to three inches (2-1/2" to 3"), measured at one foot (1') above ground level. In any event, replacement trees shall have a minimum height of at least six feet (6'). (f) Approved tree planting and replacement list. Only those tree species found on the following approved tree planting and replacement list shall satisfy the tree planting and replacement standards and requirements of this division. Approved Tree Planting and Replacement List Common Name Scientific Name American Elm (Ulmus americana) Lacebark Elm (Ulmus parvifolia) Winged Elm (Ulmus alata) Southern Live Oak (Quercus virginiana) Escarpment Live Oak (Quercus fusiformis) Sawtooth Oak (Quercus acutissima) Shumard Oak (Quercus shumardi) Chinkapin Oak (Quercus muehlenbergii) Bur Oak (Quercus macrocarpa) Texas Red Oak (Quercus texana) Water Oak (Quercus nigra) Bald Cypress (Taxodium distichum) Pecans and Hickories (Carya species) Town Council Page 800 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-61 Common Name Scientific Name Chinese Pistache (Pistachia chinensis) Black Walnut (Juglans nigra) Austrian Pine (Pinus nigra, Pinus nigra caramanica, Pinus nigra nigra) Eldarica Pine (Pinus eldarica) Japanese Black Pine (Pinus thunbergii) Leyland Cypress (Cupressocyparis leylandi) Magnolia (Magnolia grandiflora) Eastern Red Cedar (Juniperus virginiana) Sweet Gum (Liquidambar styraciflua) Western Soapberry (Sapindus drummondii) (g) Approved median and right-of-way tree planting list. The following tree species shall be allowed to be planted in medians and right-of-way when approved by the town. Additional tree species with non-aggressive root systems/deep root systems may be authorized for planting by the board upon necessity and good cause shown. Approved Median and ROW Tree Planting List Common Name Scientific Name Aristocrat Pear (Pyrus) Austrian Pine (Pinus nigra, Pinus nigra caramanica, Pinus nigra nigra) Bald Cypress (Taxodium distichum) Black Walnut (Juglans nigra) Burford Holly Ilex cornuta burfordii Bur Oak (Quercus macrocarpa) Carolina Buckthorn (Rhamnus caroliniana) Chinese Pistache (Pistachia chinensis) Chinkapin Oak (Quercus muehlenbergii) Crepe Myrtle (Lagerstroemia indica) Eldarica Pine (Pinus eldarica) Fruitless Crabapples (Malus species) Green Ash (Fraxinus pennsylvanica) Hickories (Carya species) Japanese Black Pine (Pinus thunbergii) Lacebark Elm (Ulmus parvifolia) Native Pecan (Carya species) Nelly R. Stevens Ilex Nelly R. Stevens Plum (Prunus species) Possum Haw (Ilex deciduas) Redbuds/Whitebuds (Cercis species) Red Maple (Acer rubrum) Sawtooth Oak (Quercus acutissima) Shumard Oak (Quercus shumardi) Town Council Page 801 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-62 Common Name Scientific Name Slash Pine (Pinus elliottii) Slippery Elm (Ulmus rubra) Sweet Gum (Liquidambar styraciflua) Texas Buckeye (Aesculus glabra variety arguta) Texas Red Oak (Quercus texana) Thornless Honey Locust (Gleditsia triacanthos variety inermis) Wax Myrtle (Myrica cerifera) Western Soapberry (Sapindus drummondii) Winged Elm (Ulmus alata) Yaupon Holly (Ilex vomitoria) (h) Distance from street corner and fireplugs. No tree shall be planted closer than thirty-five feet (35') of any street corner, measured from the point of nearest intersecting curbs or curb lines. Trees found in the rights-of-way shall be planted no closer than ten feet (10') of any fireplug. (i) Utilities. No trees other than small species may be planted under or within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water line, sewer line, transmission line or other utility. (j) Public tree care. The town shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. (k) Tree topping. It shall be unlawful as a normal practice for any person to top any tree located on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Upon the written approval of the town manager or his designee, trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from the requirements of this division. (l) Pruning; corner clearance. Every owner of any tree overhanging any street or right-of-way within the town shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet (8') above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The town shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic-control device or sign. (Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05; Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.08; Ordinance 2009-04, sec. II, adopted 2/16/09; Ordinance 2010-06 adopted 2/15/10; Ordinance 2011-06, sec. 2.02, adopted 3/21/11) Town Council Page 802 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-63 Sec. 10.02.249 Tree protection measures The following tree protection measures shall be required: (1) Prior to any construction or any land development, the developer shall install four- foot-high (4') plastic (or equivalent) safety fencing around the drip line of protected trees and six-foot-high (6') chain-link fencing around the drip line of specimen, majestic, and historic trees. Prior to and during construction or land development, all protected trees within thirty feet (30') of a public right-of-way, public easement or buildable lot area, as included on the applicable approved and filed record plat, shall be marked with three-inch (3") wide red ribbon or tape. (2) Prior to any construction or any land development, the developer shall establish designated parking areas for the parking and maintenance of all vehicles, trailers, construction equipment and related items and designated stockpile areas for the storage of construction supplies and materials during construction of the subdivision. The location and dimensions of said designated areas shall be clearly identified on both subdivision construction and site plans. Said designated areas shall be completely fenced with chain-link fencing and gates for safety purposes and to separate protected, specimen, majestic or historic trees from the construction area and related construction activity. The designated parking and stockpile areas may be combined into one fenced area, provided the preservation of protected trees is not adversely affected or jeopardized. Supplies and pipe and other items that are customarily unloaded where installed shall not be required to be stored within the designated stockpile areas. (3) During construction, the developer shall prohibit the cleaning of equipment or materials and/or the disposal of any waste material, including, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy or drip line of any protected, specimen, majestic or historic tree or group thereof. (4) No attachments or wires of any kind, other than those of a protective nature, shall be attached to any protected, specimen, historic or majestic tree. (5) With major grade changes of six inches (6") or greater, a retaining wall or tree well of rock, brick, or other approved materials shall be constructed around the tree no closer than the drip line of the tree. The top of the retaining wall or tree well shall be constructed at the new grade. (6) Unless otherwise approved by the town manager or his designee or the board, no construction or construction-related activity shall occur under the canopy or drip line of any protected, specimen, majestic or historic tree or group thereof. Furthermore, if a foundation, street or alley pavement, utility line, on-site sewerage facility, pool, tennis court, patio, sidewalk, drive or parking lot must be constructed within the drip line of a protected tree, it shall be constructed no closer than five feet (5') from the trunk of such protected tree provided further that the portion of any driveway or parking lot constructed within the drip line of any protected, specimen, majestic or historic tree or group thereof shall be constructed of pavestone or other permeable materials as approved by the town manager or his designee. Town Council Page 803 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-64 (7) Any permitted trees removed during land development, construction, or construction- related activities shall be chipped or hauled off-site. Burning of removed trees is prohibited. (Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05; Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.09; Ordinance 2009-04, sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11) Sec. 10.02.250 Tree permits (a) Tree replanting permit. Tree replanting permits shall be subject to the following procedures. (1) Application for tree replanting permit. An application for a tree replanting permit may be submitted at any time and need not be submitted in conjunction with a development plan, record plat or building permit. Tree replanting permits must be obtained by making application to the town’s parks department on forms prescribed by the town. No fee shall be charged to make application for a tree replanting permit. The application shall also be accompanied by a written document indicating the reasons for replanting of the protected tree or trees, and two (2) legible copies of a site or plot plan, drawn to the largest practicable scale, indicating the following minimum information: (A) The existing location, caliper width, height, and common name of all protected trees proposed to be replanted, and the proposed location or locations for such replanting of such trees. (B) The location of all existing or proposed structures, improvements, easements, and site uses, properly dimensioned and referenced to property lines, setback and yard requirements, and special relationships. (C) The information required herein may be summarized in legend form on the site or plot plan. (2) Review of application for tree replanting permit. Upon receipt of a proper application for a tree replanting permit, the town manager or his designee shall review the application and may conduct field inspections of the site or development and/or refer the permit application to other departments for review and recommendations as deemed necessary and appropriate. The application for a tree replanting permit shall be approved unless the town manager or his designee determines that the proposed replanting will unnecessarily damage or jeopardize the health of the tree or trees proposed to be replanted. Such determination lies within the sole discretion of the town manager or his designee. A denial of an application for tree replanting permit by the town manager or his designee may be appealed to the board. The decision of the board may be appealed to the town council as provided in section 10.02.252 of this division, the decision of [the town council on] such permit application is final. (b) Tree removal permit. Tree removal permits shall be subject to the following procedures: (1) Application for tree removal permit. Tree removal permits for the removal of protected, specimen, majestic and historic trees in conjunction with the development, Town Council Page 804 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-65 subdivision and/or resubdivision of real property shall be obtained by making application to the town manager or his designee on forms prescribed by the town. The application shall accompany the site plan or plat of the development and shall include a written document indicating the reasons for removal of the protected tree or trees. The application must be completed and signed by a registered arborist or landscape architect and must include two (2) copies of a legible tree survey, drawn to the largest practicable scale, indicating the following: (A) The location, caliper width, height, and common name of all single-trunk trees of six inches (6") caliper width or greater, measured at one foot (1') above natural grade level, and at least twelve feet (12') high; and all multi-trunk trees having a total caliper width of eight inches (8"), measured by combining the caliper width of the largest stem or branch with one-half (1/2) the caliper width of each additional stem or branch, all measured at one foot (1') above natural grade level, and at least twelve feet (12') high. (B) The location of both the trunk and drip line, caliper width, height, estimated age (not to be determined using invasive measures which might damage the tree), a reproducible color photograph, and common name of all protected, specimen, majestic, and historic trees proposed to be removed. (C) Provide existing natural grade elevation and proposed final grade elevation at each location for which for each protected tree for which a tree removal permit is requested. (D) The location and dimensions of all existing or proposed public streets, alleys, rights-of-way, utility easements, drainage easements, fence easements, pedestrian access easements or other public rights-of-way or easements. (E) The location of all existing or proposed property lines, lot lines, building lines, setback and yard requirements, any proposed building footprint or floor plan, and other special relationships or significant features of the proposed development plan, record plat or site plan of the development. (F) Existing and proposed site elevations, grades and major contours: including a chart listing all protected, specimen, majestic, and historic trees, their respective locations, and indicating where grades around protected trees will be changed by six inches (6") or more. (G) The information required herein shall be summarized in legend form on the tree survey and shall include the reason for the proposed removal of the protected tree or trees. (H) Each tree shall be identified by numerical reference on the tree survey. (I) Each tree shall be affixed with a permanent tag bearing the corresponding number as depicted on the tree survey. The tag shall be permanently attached at a height not less than five feet (5') nor more than six feet (6') above existing grade on the south face of the tree. Town Council Page 805 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-66 (J) The survey shall bear the stamp or seal of a registered surveyor relative to the location of any trees and shall bear the stamp or seal of a registered landscape architect, or registered arborist relative to the species of any trees. (K) A sign shall be placed on each separate lot or tract for which a tree removal permit is requested to inform the general public that an application for a tree removal permit(s) has been filed relative to a protected, specimen, majestic, or historic tree. The sign must meet the following criteria: (i) The size of the sign(s) shall be three feet (3') by four feet (4') and be made out of aluminum or corrugated plastic material; (ii) The sign(s) shall be mounted on stakes/poles; (iii) The sign(s) shall be visible from the street; (iv) There shall be one (1) sign for each street frontage; and (v) The sign(s) shall have a white background, with letters and borders being green in color. The sign(s) shall state the following: TOWN OF TROPHY CLUB, TX A TREE REMOVAL PERMIT HAS BEEN REQUESTED FOR THIS SITE FOR INFORMATION, CALL 682.831.4680 (2) Review of application for tree removal permit. An application for a tree removal permit shall be accompanied by the appropriate administrative fee as designated on the schedule of fees adopted by the town council, including all amendments thereto. Upon receipt of a proper application accompanied by the appropriate fee, the town manager or his designee shall review the application and may conduct field inspections of the development and/or refer the permit application to other departments for review and recommendations as deemed necessary and appropriate. (A) The application for a tree removal permit, if required, shall be considered an integral part of the application for site plan or plat approval, as applicable, and no site plan or plat subject to the requirements of this division shall be approved without the approval of a tree removal permit. (B) The town manager or his designee may approve, approve with conditions, or deny a request for a tree removal permit for protected trees. An appeal of the decision of the town manager or his designee may be made to the board. (C) The board’s recommendation concerning an application for tree removal permit shall be reviewed by the town council. The town council may then approve the application, approve it with conditions, or deny the application; however, the town council may overturn the denial of an application for tree removal permit by the board only upon a finding that the subject development, subdivision or resubdivision cannot reasonably be developed, based on economic and/or practical considerations, without removal of the tree or trees included in the permit application. Town Council Page 806 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-67 (D) Approval for a tree removal permit authorizing the removal of a historic or majestic tree shall require a three-fourths (3/4) majority vote of the board and the town council, respectively. (Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05; Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.10; Ordinance 2009-04, sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11; Ordinance adopting Code) Sec. 10.02.251 Land-disturbing activities (a) Approval and permit required. No person shall engage in any land-disturbing activities, including but not limited to the removal of trees, land clearing and/or grading or other pre- construction preparatory activity without the required approvals and permits. All such land- disturbing activities shall be confined to the interior limits of the grading area identified on an approved grading plan. A clearing and grading permit is required in the town prior to any land- disturbing activity. (b) Exceptions. It shall be an exception to the permit requirement of this section when a person is engaging in one or more of the following activities: (1) Land-disturbing activities in an emergency situation involving immediate danger to life and property or substantial fire hazard; (2) Land-disturbing activities of one (1) acre or less on a single lot, under one (1) ownership, for the purpose of construction, landscaping and/or associated improvements for a single-family residence to be constructed as indicated on the site plan submitted to the town manager or his designee with an approved application for a building permit; (3) The removal of underbrush, dead trees or diseased or damaged trees which constitute a hazard to life and property based upon a field inspection verification by the town manager or his designee; (4) Land-disturbing activities or other practices associated with and necessary to conduct normal agricultural crop operations on a property, excluding timber cutting. (c) Standards. (1) General requirements. Following the approval of a preliminary plat by the planning and zoning commission and the town council, and the issuance of a tree removal permit by the permitting department, land-disturbing activities are permitted subject to the following criteria: (A) The applicant shall provide the town written acknowledgement that all grading completed prior to the approval of a final plat is at the risk of the developer/applicant and is subject to change based on the approval of the final plat by the planning and zoning commission and town council and the release of the construction plans. Town Council Page 807 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-68 (B) All work must be in conformance with the approved tree removal permit, tree protection plan and tree mitigation plan. (C) All erosion control and tree protection devices must be in place prior to the commencement of land-disturbing activities, and shall be properly maintained at all times. (D) The placement of fill shall be in strict conformance to the plans and specifications provided for the project. (E) The town engineer has reviewed the construction plans including drainage and released them for grading only. (F) No construction activity of any kind shall take place in the 100-year floodplain without an approved conditional letter of map revision (CLOMAR). (G) Land-disturbing activities and other operations shall not create or contribute to landslides, accelerated soil creep, and/or settlement. (H) Land-disturbing activities and other operations shall not create or contribute to flooding, erosion, or increased siltation or other forms of pollution in a watercourse. (I) Land-disturbing activities and other operations shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time, consistent with anticipated build-out schedule. (J) Debris, including but not limited to, tree limbs, construction material and other non-earthen material shall be removed from cleared sites as it is created and shall not be stockpiled on the site. (K) All applicable fees shall be paid. (2) Cut and fills. (A) Slopes greater than three feet (3') in height shall be no steeper than two (2) horizontal to one (1) vertical foot, except where approved retaining walls are engineered and installed and where trenches are refilled with material from the excavation or as approved by the town to meet other community or environmental objectives. (B) All topsoil removed during ground surface preparation shall be stockpiled on the site and stabilized within fourteen (14) days. (C) When the owner of any parcel raises[,] lowers, or alters the level or existing grade of a site by fill or excavation; he or she shall, at their expense, take all steps necessary to ensure compliance with the following: (i) Take or cause to be taken all actions necessary to protect all adjoining property from encroachment by such fill or excavation, or danger of collapse due to such excavation either by the erection of an engineered Town Council Page 808 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-69 retaining wall or by sloping the sides of such fill or excavation either within the confines of the site; and (ii) When engaging in land-disturbing activities; including, but not limited to, cut and fill, such person shall not alter or otherwise compromise the intent or use of existing drainage and utility easements as originally designed and approved by the town. (iii) Establishing ground cover. A temporary ground cover shall be established on all graded or disturbed areas not intended to be developed within fourteen (14) days of completion of any land-disturbing activity. (d) Grading plan evaluation criteria. When evaluating a grading plan, the town manager or his designee shall review the grading plan for compliance with the following criteria: (1) Appropriate footprint sizes are identified on the grading plan and developments are designed in accordance with the natural terrain and drainage of the site. Erosion prevention and control measures are utilized, including protection of natural swales and drainage areas. Severely eroded areas are stabilized. (2) Mass cutting, filling and benching or terracing of existing slopes to create additional or larger building sites are prohibited; therefore, the grading plan shall not include or propose any such activity. The grading plan provides for the use of alternative treatments; including, but not limited to, building the structure with slopes of the natural terrain, the use of internal or external building retaining walls, and the use of low retaining walls on the site to reduce site grading. Mass site grading is prohibited. (3) The grading plan includes all information necessary for the town manager or his designee to determine that the project will result in the reasonable preservation of trees under the standards set forth in section 10.02.245 of this division and the requirements of this section. (4) The area for which land-disturbing activity is proposed is limited by design to the area of construction, and the site is left in its natural state otherwise during the course of construction. (5) The grading plan shall include all information necessary for the town manager or his designee to determine that it provides for the reasonable preservation of trees and understory, and that the following criteria have been met regarding the selection of trees to be preserved or removed. When making such determination, the town manager or his designee shall consider all relevant factors, including but not limited to the following: (i) Proximity of the tree’s or trees’ critical root zone or drip line to proposed grading activity. (ii) That all necessary and appropriate permanent tree protection methods are employed to protect the preserved tree from damage where the tree’s critical root zone may be impacted. Town Council Page 809 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-70 (iii) Other remedial or protective measures have been employed, including site design which improves the chances for tree survival. (iv) Temporary tree protection methods are adequately employed. (v) Construction methods for utility service to the site are used that allow protection and preservation of additional trees; such as, tunneling under the critical root zones, tree walls, or tree wells. (vi) Utility trenching activities are indicated on the plan. (Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05; Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.11; Ordinance 2007-02, sec. II, adopted 2/5/07; Ordinance 2009-04, sec. II, adopted 2/16/09) Sec. 10.02.252 Appeals Any person or entity affected by an action or determination taken under this division may appeal such action by filing a written notice of appeal to the town manager within ten (10) days of his/her receipt of town’s action or determination. Upon receipt of such appeal, the town manager shall forward the appeal to the board for consideration and recommendation to town council. The board shall hear appeals within thirty (30) days of receipt of the notice of appeal by the town manager. The person requesting relief shall have the burden of demonstrating that good cause exists for the board to recommend that the action or determination of the town be reversed or amended. The board shall forward its recommendation to the town council for final decision. The town council shall be the final authority for making a good cause determination under this section and shall make such determination within thirty (30) days after the board has made its recommendation. Economic hardship alone is not sufficient to support a finding that good cause exists. (Ordinance 2006-20, sec. II, adopted 7/10/06; Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.12; Ordinance 2009-04, sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11) ARTICLE 10.03 PARKLAND DEDICATION AND OPEN SPACE Sec. 10.03.001 Purpose (a) This article is adopted to provide recreational areas in the form of neighborhood parks as a function of subdivision development in the town. This article is enacted in accordance with the home rule powers of the town, granted under the state constitution, and the statutes of the state, including, but not by way of limitation, V.T.C.A., Local Government Code section 54.004, and ch. 212. It is hereby declared by the town council that recreational areas in the form of neighborhood parks are necessary and in the public welfare, and that the only adequate procedure to provide for neighborhood parks is by integrating such a requirement into the procedure for planning and developing property or subdivision in the town, whether such development consists of new construction on vacant land or rebuilding and remodeling of structures on existing residential property. (b) Neighborhood parks are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby. The primary cost of neighborhood parks should be borne by the ultimate residential Town Council Page 810 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-71 property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, this article is adopted to effect the purposes stated. (Ordinance 2005-19, sec. II, adopted 8/15/05; Ordinance 2006-06, sec. II, adopted 3/6/06; 2006 Code, ch. 5, sec. 5.01) Sec. 10.03.002 Dedication procedures (a) Whenever a final plat is filed on record with the county clerk of Denton or Tarrant County for development of a residential area in accordance with the planning and zoning ordinances of the town, such plat shall contain a clear fee simple dedication of an area of land to the town for park purposes, which area shall equal one (1) acre for every 44 proposed dwelling units. (b) The town council declares that development of an area smaller than five (5) acres for public park purposes is impractical. Therefore, if fewer than 220 dwelling units are proposed by a plat filed for approval, the developer shall be required to pay the applicable cash in lieu of land amount provided by section 10.03.003, rather than to dedicate any land area. No plat showing a dedication for park purposes of less than five (5) acres shall be approved. (c) In all other instances, the town shall have the right to accept the dedication for approval on the final plat, or to refuse the dedication, after consideration of the recommendation of the planning and zoning commission and the parks and recreation director, and to require payment of cash in lieu of land in the amount provided by section 10.03.003, if the town determines that sufficient park area is already in the public domain in the area of the proposed development, or if the recreation potential in the area of the proposed [development] would be better served by expanding or improving existing parks. (Ordinance 2005-19, sec. III, adopted 8/15/05; Ordinance 2006-06, sec. III, adopted 3/6/06; 2006 Code, ch. 5, sec. 5.02) Sec. 10.03.003 Money in lieu of land Where town council determines that a payment of money in lieu of land shall be made, the following provisions shall apply: (1) Amount required to be paid. (A) Any payment of money required to be paid by this article shall be in an amount equal to the average per-acre value of the whole property included within the residential development. The acquisition price for land shall be equal to the appraised value of the land existing in effect at the time of final plat approval. (B) In determining the average per-acre value of the total land included within the proposed residential development, the town council may base its determination on one or more of the following: (i) The most recent appraisal of all or part of the property made by the central appraisal district; Town Council Page 811 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-72 (ii) Confirmed sale prices of all or part of the property to be developed, or comparable property in close proximity thereof, which have occurred within two (2) years immediately proceeding the date of determination; or (iii) Where, in the judgment of the town council, subsection (i) or (ii) above would not, because of changed conditions, be a reliable indication of the then current value of land being developed, an independent appraisal of the whole property shall be obtained by the town and paid for by the developer. (Ordinance 2005-19, sec. IV, adopted 8/15/05; Ordinance 2006-06, sec. IV, adopted 3/6/06; 2006 Code, ch. 5, sec. 5.03) Sec. 10.03.004 Additional requirements (a) Any land dedicated to the town under this article must be suitable for park and recreation uses. The following characteristics of a proposed area are generally unsuitable: (1) Any area primarily located in the 100-year floodplain. (2) Any areas of unusual topography, slope or other characteristics which render same unusable for organized recreational activities or other parks and recreational uses. Such characteristics of a parkland dedication area may be grounds for refusal of any preliminary plat. (b) Land listed in subsection (a) of this section may be accepted by the town council, provided that suitable land in the proper amount is dedicated which is contiguous with the unsuitable land. (c) Drainage areas may be accepted as part of a park if the channel is constructed in accordance with town engineering standards, and if no significant area of the park is cut off from access by such channel. (d) Each park must have ready access to a public street. (e) Unless provided otherwise in this section, an action by the town shall be by the town council, after consideration of the recommendations of the planning and zoning commission and the parks and recreation director and his recommendation to the town council. (Ordinance 2005-19, sec. V, adopted 8/15/05; Ordinance 2006-06, sec. V, adopted 3/6/06; 2006 Code, ch. 5, sec. 5.04) Town Council Page 812 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-73 Sec. 10.03.005 Credit for conveyance of floodplains In cases where floodplain land or property is proposed for conveyance to satisfy the parkland requirements, a credit will be given upon the following criteria: Three (3) acres of floodplain shall be equal to one (1) acre of non-floodplain. (Ordinance 2005-19, sec. VI, adopted 8/15/05; Ordinance 2006-06, sec. VI, adopted 3/6/06; 2006 Code, ch. 5, sec. 5.05) Sec. 10.03.006 Minimum park improvements In cases where land dedication is chosen, the following minimum criteria must be adhered to by the developer, at the developer’s expense, prior to acceptance of the improvements by the town. The developer shall: (1) Grade and clear unwanted vegetation, to be determined by the town; (2) Provide water and sewer service to the site. (Ordinance 2005-19, sec. VII, adopted 8/15/05; Ordinance 2006-06, sec. VII, adopted 3/6/06; 2006 Code, ch. 5, sec. 5.06) Sec. 10.03.007 Appeals Unless otherwise provided herein, an action by the town in determining compliance with the terms of this article refers to a determination made by the parks and recreation director. The developer/owner of land subject to parkland dedication requirements may appeal any determination by the parks and recreation director under this article to the town council for a final decision. The appeal shall be in writing and shall be filed with the planning and zoning commission, which shall make its recommendation to the town council. The town council will not review the appeal of any determination by the parks and recreation department without first obtaining the recommendation of the planning and zoning commission. No final plat shall be approved by the planning and zoning commission which varies the terms of this article or which does not comply with the parks and recreation department’s determination without final resolution of the appeal by the town council. (Ordinance 2006-06, sec. VIII, adopted 3/6/06; 2006 Code, ch. 5, sec. 5.07) Sec. 10.03.008 Biennial review of ordinance Prior to one (1) year after the effective date of this article, the parks and recreation director shall review the parkland dedication ordinance and make any recommendations for revision to the town council. Thereafter, at least once every two (2) years, the parks and recreation director shall review the parkland dedication ordinance and make any recommendations for revision to the town council. (Ordinance 2005-19, sec. VIII, adopted 8/15/05; Ordinance 2006-06, sec. IX, adopted 3/6/06; 2006 Code, ch. 5, sec. 5.08) Sec. 10.03.009 Dedication or payment required prior to beginning development It shall be unlawful for any person who is required to convey land, or pay money in lieu of land, as required by this article, to begin, or allow any other person or contractor to begin, any Town Council Page 813 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 10: Subdivision Regulation 10-74 construction or improvements on any land within the development to which this article applies, until the required conveyance of land or payment of money in lieu of land is made to the town in accordance with this article. (Ordinance 2005-19, sec. IX, adopted 8/15/05; Ordinance 2006-06, sec. X, adopted 3/6/06; 2006 Code, ch. 5, sec. 5.09) Sec. 10.03.010 Dedication or payment required prior to issuance of building permits or provision of utility service No building permits shall be issued for, and no permanent utility services shall be provided to any land within any development to which this article applies until the required conveyance of land or payment of money in lieu of land is made to the town in accordance with this article. (Ordinance 2005-19, sec. X, adopted 8/15/05; Ordinance 2006-06, sec. XI, adopted 3/6/06; 2006 Code, ch. 5, sec. 5.10) Sec. 10.03.011 Increase in proposed number of dwelling units After the town council has made a determination of the requirements of this article, or after the requirements of this article have been met, based upon the proposed number of residential dwelling units for any land to which this article applies, any person who desires to construct a number of dwelling units in excess of the number of dwelling units for which the requirements of this article were determined or met must submit to the town council a revised zoning proposal for additional dwelling units for the development. Once the town council has approved a zoning ordinance increasing the number of dwelling units allowed on a platted lot, the developer shall either convey additional parkland through a plat or replat, or shall pay a fee in lieu of parkland for the additional dwelling units, at issuance of building permits. Where a payment of money was originally made to meet the requirements of this article, the person proposing to construct additional dwelling units may be required to convey land for all or part of the development. In such case, after the required conveyance is made, the payments, or portion thereof, previously made, which are satisfied by the dedication of land, shall be returned by the town. (Ordinance 2005-19, sec. XI, adopted 8/15/05; Ordinance 2006-06, sec. XII, adopted 3/6/06; 2006 Code, ch. 5, sec. 5.11) Sec. 10.03.012 Penalty It shall be unlawful for any person to violate any provision of this article, 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. (Ordinance 2005-19, sec. XII, adopted 8/15/05; Ordinance 2006-06, sec. XIII, adopted 3/6/06; 2006 Code, ch. 5, sec. 5.12) Town Council Page 814 of 1236 Meeting Date: February 9, 2016 11-1 CHAPTER 11 TAXATION ARTICLE 11.01 GENERAL PROVISIONS.............................................................................11-7 Sec. 11.01.001 Penalty for collection costs for delinquent taxes and assessments......11-7 ARTICLE 11.02 HOTEL OCCUPANCY TAX........................................................................11-7 Sec. 11.02.001 Definitions...........................................................................................11-7 Sec. 11.02.002 Levy; collection...................................................................................11-8 Sec. 11.02.003 Exemptions and refunds......................................................................11-9 Sec. 11.02.004 Reports and records...........................................................................11-10 Sec. 11.02.005 Failure to file report or pay tax..........................................................11-10 Sec. 11.02.006 Use of revenue...................................................................................11-11 Sec. 11.02.007 Criminal penalty................................................................................11-12 ARTICLE 11.03 SALES AND USE TAX...............................................................................11-12 Sec. 11.03.001 Sales tax elections..............................................................................11-12 [Next page is 11-7.] Town Council Page 815 of 1236 Meeting Date: February 9, 2016 Town Council Page 816 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 11: Taxation 11-7 ARTICLE 11.01 GENERAL PROVISIONS* Sec. 11.01.001 Penalty for collection costs for delinquent taxes and assessments There shall be imposed on delinquent town property taxes and delinquent Trophy Club Public Improvement District No. 1 assessments that become due or that are delinquent on the dates described in sections 33.07, 33.08 and 33.11, Texas Property Tax Code, a penalty in the amount of compensation specified in the most recent contract entered into for the collection of delinquent property taxes and PID assessments, such amount not to exceed twenty percent (20%) of the amount of delinquent tax, penalty, and interest collected. (2006 Code, ch. 15, sec. 2.01; Ordinance 2008-18, sec. II, adopted 7/21/08; Ordinance adopting Code) State law reference–Contract with attorney for collection of taxes, V.T.C.A., Tax Code, sec. 6.30. ARTICLE 11.02 HOTEL OCCUPANCY TAX† Sec. 11.02.001 Definitions Chief financial officer. The finance director for the town or his or her designee. Hotel. A building in which members of the public obtain sleeping accommodations for consideration. The term includes a hotel, motel, tourist home, tourist house, tourist court, hostel, lodging house, inn, rooming house, or bed and breakfast. The term does not include: (1) A hospital, sanitarium, or nursing home; or (2) A dormitory or other housing facility owned or leased and operated by an institution of higher education or a private or independent institution of higher education as those terms are defined by section 61.003, Education Code, used by the institution for the purpose of providing sleeping accommodations for persons engaged in an educational program or activity at the institution. Interruption of payment. A breach of the obligation to make continuous timely payment for one or more days or parts of a day within a period of thirty (30) consecutive days of occupancy. Permanent resident. An occupant whose use, possession or whose right to use or possession of a hotel sleeping room extends for at least thirty (30) consecutive days and where there is no interruption of payment for the period and where, prior to using or possessing the hotel sleeping room, the occupant(s) have executed a written agreement for use or possession of a hotel sleeping room for a period of thirty (30) consecutive days as required by the state comptroller’s office. Person. Any individual, company, firm, corporation, association or legal entity owning, operating, managing or controlling any hotel as defined herein. * Charter references–Fiscal year, section 9.01; power to tax, section 9.18; tax rate, section 9.19. † State law reference–Authority of municipality to impose hotel occupancy tax, V.T.C.A., Tax Code, ch. 351. Town Council Page 817 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 11: Taxation 11-8 Quarterly period. The regular calendar quarters of the year, the first quarter being composed of the months of January, February, and March, the second quarter being the months of April, May and June, the third quarter being the months of July, August and September, and the fourth quarter being the months of October, November and December. Revenue. Includes any interest derived from the revenue or tax. (Ordinance 2006-47, sec. 2 (1.01), adopted 12/4/06; 2006 Code, ch. 15, sec. 1.01) Sec. 11.02.002 Levy; collection (a) Tax rate. There is hereby levied a tax upon the cost of occupancy of any room ordinarily used as a sleeping room furnished by any hotel within the town where such cost of occupancy is at the rate of $2.00 or more each day, such tax to be equal to the maximum tax as is now or as hereafter permitted by state law. (b) Room price. The price of a room in a hotel does not include the cost of food served by the hotel, the cost of personal services performed by the hotel for the person, except for those services related to cleaning and readying the room for use or possession, any tax assessed by any other governmental agency for occupancy of the room, or the cost of any other products or services not included in or allowed as a part of the price of a room. (c) Permanent residents excluded. The tax does not apply to a person who is a permanent resident as defined herein. (d) Applicability in extraterritorial jurisdiction. Pursuant to state law, the tax authorized by this article shall be imposed on all hotels located within the extraterritorial jurisdiction of the town, provided that the combined rate of state, county, and municipal hotel occupancy taxes in the extraterritorial jurisdiction does not exceed fifteen (15) percent of the price paid for a room in the hotel. (e) Collection and remittance; late penalties. The revenue obtained by a hotel as a result of this tax shall be collected by the hotel and paid to the town monthly. A report shall be filed with the town in the form required by the chief financial officer to accurately reflect the amount of taxes owed and revenue obtained. The tax and report shall be submitted to the town on or before 5:00 p.m. on the twentieth (20th) day following the last day of each reporting period. The chief financial officer shall have the authority to make such rules and regulations as are necessary to effectively report and collect the tax, penalty and/or interest levied by this article and state law. If the report is filed or tax is paid after the due date required by this article, in addition to the amount of tax due hereunder, a penalty shall be imposed as follows: (1) If the report and/or tax are received by the town within ten (10) days following the due date, a penalty of ten percent (10%) of the amount due shall be paid to the town. (2) If the report and/or tax are received by the town on or after the eleventh (11th) day after the due date, a penalty of fifteen percent (15%) of the amount due shall be paid to the town. (f) Collection procedures on purchase of hotel. If a person who is liable for the payment of a tax under this article is the owner of a hotel and sells the hotel, the successor to the seller or the seller’s assignee shall withhold an amount of the purchase price sufficient to pay the amount due Town Council Page 818 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 11: Taxation 11-9 until the seller provides a receipt by the town’s chief financial officer showing that the amount has been paid or a certificate showing that no tax is due. The town’s chief financial officer shall issue the certificate or statement not later than the 60th day after the date that he/she receives the request. Failure of the chief financial officer to timely provide the certificate or statement required by this section shall release the purchaser from the obligation to withhold the purchase price or pay the amount due. The purchaser of a hotel who fails to withhold an amount of the purchase price as required by this article and state law is liable to the town for the amount required to be withheld to the extent of the value of the purchase price. (Ordinance 2006-47, sec. 2 (1.02), adopted 12/4/06; 2006 Code, ch. 15, sec. 1.02) Sec. 11.02.003 Exemptions and refunds (a) Exemptions. This article does not impose a tax on any of the following occupants: (1) Qualifying religious, charitable or educational entities. A corporation or association that is organized and operated exclusively for a religious, charitable, or educational purpose if no part of the net earnings of the corporation or association inure to the benefit of a private shareholder or individual. For purposes of this exemption, a public or private institution of higher education is organized and operated exclusively for an educational purpose only if the institution is defined as a Texas institution of higher education or as a Texas private or independent institution of higher education under any subdivision of section 61.003, Texas Education Code, as amended. (2) United States government. United States government agencies and their officers or employees when traveling or otherwise engaged in the course of official duties for the governmental entity. (3) Military personnel. Military personnel traveling on official military business. (4) Qualifying state entities. The State of Texas, or any agency, institution (excluding state educational institutions), board or commission of the state and their officers or employees when traveling or otherwise engaged in the course of official duties. Notwithstanding the foregoing, a state governmental entity described by this section shall pay the tax imposed by this article but is entitled to a refund of the tax paid. (5) Qualifying state officer or employee. A state officer or employee of a state governmental entity described by section (4) above who is entitled to reimbursement for the costs of lodging and for whom a special provision or exception to the general rate of reimbursement under the General Appropriation Act applies and who is provided with photo identification verifying the identity and exempt status of the person is exempt from the payment of the tax. (6) Diplomatic personnel. Diplomatic personnel who present a tax exemption card issued by the United States Department of State. (7) Occupants qualifying as permanent residents. Occupants whose use, possession or whose right to use or possession of a hotel sleeping room extends for at least thirty (30) consecutive days and where there is no interruption of payment for the period as defined herein, and where such person has complied with the requirement to execute Town Council Page 819 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 11: Taxation 11-10 a written agreement for thirty (30) days of consecutive use prior to commencing such use or possession as required by the state comptroller. (8) Exemption certificate received in good faith. The right to use or possess a room in a hotel is exempt from taxation under this article if the person required to collect the tax receives in good faith from a guest an exemption certificate stating the following qualifications for an exemption: the person is a state officer or employee of a state governmental entity described in subsection (4) above for whom a special provision or exception to the general rate of reimbursement under the General Appropriations Act applies and who is provided with photo identification verifying the identity and exempt status of the person is not required to pay the tax and is not entitled to a refund. (b) Refunds. Refunds are allowed as provided by state law and shall be subject to the following regulations: (1) Time limit. A governmental entity claiming a refund must file a refund claim with the town only for each calendar quarter for all reimbursements accrued during that quarter. Claims filed outside of this time period will not be reimbursed. (2) Refund form. In order to receive a refund, the governmental entity entitled to the refund shall file a refund claim on a form provided by the town and containing the information required by the town as prescribed by the rules of the state comptroller. (Ordinance 2006-47, sec. 2 (1.03), adopted 12/4/06; 2006 Code, ch. 15, sec. 1.03) Sec. 11.02.004 Reports and records (a) Every hotel within the town shall keep and maintain accurate records of the consideration and hotel occupancy tax paid by the occupant of each sleeping room in the hotel. Such records shall include, but not be limited to, guest folios, tax exemption certificates, and any original documents such as posting ledgers and rate and stay adjustment reports, and any other documents necessary to provide the information on the town hotel occupancy tax reporting form required by the chief financial officer and the state form for reporting hotel occupancy tax to the comptroller’s office. These reports may be retained in any retrievable format, including but not limited to microform, and shall be maintained for a period of not less than four (4) years, and shall be available for inspection upon request by any employee, agent, officer or representative of the town at all reasonable times. Any adjustments or allowances made or granted shall be reported to the town on a form provided by the chief financial officer. (b) It shall be unlawful for any person to fail to perform an act required by this article, including but not limited to compliance with the requirements to collect, pay and accurately report taxes as required by this article and state law. (Ordinance 2006-47, sec. 2 (1.04), adopted 12/4/06; 2006 Code, ch. 15, sec. 1.04) Sec. 11.02.005 Failure to file report or pay tax (a) Legal action. The town attorney or other attorney acting on behalf of the town is authorized to bring suit against a person who is required to collect the tax imposed by this article and pay the collections over to the town and who has failed to file a tax report or pay the tax when due in Town Council Page 820 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 11: Taxation 11-11 order to collect the tax not paid, or may enjoin the person from operating a hotel in the town until the tax is paid or the report filed in accordance with a court order. In addition to the amount of any tax owed under this article, the person is liable to the town for: (1) The town’s reasonable attorney’s fees; (2) The costs of an inspection or an audit conducted under section 11.02.004 or this section as determined by the town using a reasonable rate, but only if the tax has been delinquent for at least two complete municipal fiscal quarters at the time the audit is conducted; and (3) A penalty equal to fifteen (15) percent of the total amount of the tax owed. (b) Audits. (1) If the person required to file a tax report under this article does not file the report as required by the town, the town attorney or other attorney acting for the town may determine the amount of tax due under this article by: (A) Conducting an audit of each hotel in relation to which the person did not file the report as required by the town; or (B) Using the tax report filed for the appropriate reporting period under section 156.151 of the Texas Tax Code, as amended. (2) The authority to conduct an audit under this section is in addition to any other audit authority provided by statute, charter, or ordinance. (c) Statute of limitations. A limitation period relating to the time allowed to assess taxes and bring a suit to collect taxes does not apply to a tax imposed under this article or to a suit brought under this section. (d) Estimation of tax. If a person fails to a file a tax report as required under state law or this article for the required reporting period, the town attorney or other attorney acting for the town may estimate the amount of tax due by using the tax reports in relation to the hotel that were filed during the previous calendar year under this article or state law. An estimate made under this section is prima facie evidence of the amount of tax due for that period in relation to that hotel. (Ordinance 2006-47, sec. 2 (1.05) adopted 12/4/06; 2006 Code, ch. 15, sec. 1.05) Sec. 11.02.006 Use of revenue (a) Revenue from the municipal hotel occupancy tax may be used only to promote tourism and the convention and hotel industry, and that use is limited to the following: (1) Acquisition of sites. The acquisition of sites for the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities or visitor information centers, or both; (2) Convention facilities, personnel and materials. The furnishing of facilities, personnel, and materials for the registration of convention delegates or registrants; Town Council Page 821 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 11: Taxation 11-12 (3) Advertising and promotions. Advertising and conducting solicitations and promotion programs to attract tourists and convention delegates or registrants to the town or its vicinity; (4) Promotion of the arts. The encouragement, promotion, improvement and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms; (5) Historic restoration. Historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums: (A) At or in the immediate vicinity of convention center facilities or visitor information centers; or (B) Located elsewhere in the town or its vicinity that would be frequented by tourists and convention delegates; (6) Other uses. Other qualifying uses as set forth in section 351.101 of the Tax Code, as amended, or other applicable law. (b) Expenses for daily operations. Hotel occupancy tax revenue spent for a purpose authorized by this section may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs only if those administrative costs are incurred directly in the promotion and servicing expenditures authorized under subsection (a) of this section. (c) Allocation of revenue. Allocation of tax revenues for the purposes specified in subsection (a)(3) of this section shall be in an amount not less than the amount of revenue received by the town from the tax at a rate of one (1) percent of the cost of a room. (Ordinance 2006-47, sec. 2 (1.06), adopted 12/4/06; 2006 Code, ch. 15, sec. 1.06) Sec. 11.02.007 Criminal penalty Any person who violates this article shall be guilty of a misdemeanor, and each day the violation is allowed to exist or continues to exist shall be a separate offense. Each such offense shall be punishable by a fine not to exceed $500.00. The penalties provided in this article are cumulative of any other remedies and/or actions for collection available to the town by law. (Ordinance 2006-47, sec. 2 (1.07), adopted 12/4/06; 2006 Code, ch. 15, sec. 1.07) ARTICLE 11.03 SALES AND USE TAX Sec. 11.03.001 Sales tax elections Ordinances calling elections as well as those certifying election results for the imposition of sales and use taxes are on file in the office of the town secretary. (Ordinance adopting Code) Town Council Page 822 of 1236 Meeting Date: February 9, 2016 12-1 CHAPTER 12 TRAFFIC AND VEHICLES ARTICLE 12.01 GENERAL PROVISIONS.............................................................................12-7 Sec. 12.01.001 Definitions...........................................................................................12-7 Sec. 12.01.002 Penalty.................................................................................................12-8 Sec. 12.01.003 Obstructions to visibility at intersections............................................12-8 Sec. 12.01.004 Applicability of traffic regulations on private streets..........................12-8 Sec. 12.01.005 Locally enforced motor vehicle idling limitations..............................12-9 Sec. 12.01.006 Operation of law enforcement emergency vehicle without using warning devices...............................................................................12-10 ARTICLE 12.02 TRAFFIC-CONTROL DEVICES................................................................12-11 Division 1. Generally.............................................................................................................12-11 Sec. 12.02.001 Uniformity; conformance to manual.................................................12-11 Sec. 12.02.002 Obedience..........................................................................................12-11 Sec. 12.02.003 Privileges of drivers of authorized emergency vehicles....................12-12 Sec. 12.02.004 Unauthorized devices........................................................................12-12 Sec. 12.02.005 Interference........................................................................................12-13 Sec. 12.02.006 Manual operation of traffic signals by school crossing guard...........12-13 Sec. 12.02.007 Installation and maintenance.............................................................12-13 Sec. 12.02.008 Evidence of validity...........................................................................12-14 Division 2. Locations.............................................................................................................12-14 Sec. 12.02.031 Stop signs..........................................................................................12-14 Sec. 12.02.032 U-turns...............................................................................................12-27 Sec. 12.02.033 Emergency signs................................................................................12-27 ARTICLE 12.03 OPERATION OF VEHICLES.....................................................................12-28 Division 1. Generally.............................................................................................................12-28 Division 2. Speed Regulations..............................................................................................12-28 Sec. 12.03.041 Maximum speed generally................................................................12-28 Sec. 12.03.042 Special speed zones...........................................................................12-28 Sec. 12.03.043 Signs..................................................................................................12-29 ARTICLE 12.04 PARKING.....................................................................................................12-30 Sec. 12.04.001 Definitions.........................................................................................12-30 Sec. 12.04.002 Presumption that vehicle owner is responsible for violation.............12-30 Sec. 12.04.003 Prohibited parking generally.............................................................12-30 Sec. 12.04.004 Parking on unapproved surface.........................................................12-31 Sec. 12.04.005 Parking near certain crosswalks........................................................12-31 Sec. 12.04.006 Exception for emergency vehicles and governmental vehicles.........12-32 Sec. 12.04.007 Parking near safety zone, fire lane or fire hydrant.............................12-33 Sec. 12.04.008 Overnight parking..............................................................................12-33 Sec. 12.04.009 Parking for disabled persons.............................................................12-34 ARTICLE 12.05 COMMERCIAL VEHICLES.......................................................................12-35 Division 1. Generally.............................................................................................................12-35 Town Council Page 823 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-2 Division 2. Overweight Vehicles..........................................................................................12-35 Sec. 12.05.031 Compliance; permit for special loads................................................12-35 Sec. 12.05.032 Weight limits.....................................................................................12-36 Sec. 12.05.033 Permit procedures..............................................................................12-37 Sec. 12.05.034 Liability for damage..........................................................................12-38 Sec. 12.05.035 Vehicles used to transport solid waste...............................................12-38 Sec. 12.05.036 Vehicles transporting ready-mix concrete.........................................12-38 Sec. 12.05.037 Weighing of vehicles by police officers; procedure when weight exceeds permitted weight................................................................12-39 ARTICLE 12.06 MOTOR-ASSISTED SCOOTERS, MINI-MOTORBIKES AND POCKET BIKES ...........................................................................................................12-40 Sec. 12.06.001 Definitions.........................................................................................12-40 Sec. 12.06.002 Penalty...............................................................................................12-41 Sec. 12.06.003 Operation...........................................................................................12-41 ARTICLE 12.07 MOTORIZED CARTS.................................................................................12-42 Sec. 12.07.001 Applicability/exemptions..................................................................12-42 Sec. 12.07.002 Definitions.........................................................................................12-43 Sec. 12.07.003 Operational regulations.....................................................................12-45 Sec. 12.07.004 Equipment.........................................................................................12-46 Sec. 12.07.005 Permits and cart operation stickers....................................................12-48 [Next page is 12-7.] Town Council Page 824 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-7 ARTICLE 12.01 GENERAL PROVISIONS* Sec. 12.01.001 Definitions When used in this chapter, the following words and phrases shall have the respective meanings ascribed to them: Alley. A street that is not used primarily for through traffic and provides access to rear entrances of buildings or lots along a street. Chief or chief of police. The chief of police of the town or his or her designee. Commercial motor vehicle. Any motor vehicle, other than a motorcycle, designed or used for the transportation of property, including every vehicle used for delivery purposes. Motor vehicle. Every vehicle, as herein defined, which is self-propelled. Semi-trailer. Every vehicle of the trailer type so designed or used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another motor vehicle. Stoplight. A traffic-control signal displaying different colored lights or colored lighted arrows successively or in a combination, and may display only green, yellow, or red, and applies to operators of vehicles as provided by the Texas Transportation Code. Street. Every street, road and alley within the town, exclusive of state highways within the town. Trailer. Every vehicle without motor power designed or used for carrying property or passengers wholly on its own structure and to be drawn by a motor vehicle. Truck-tractor. Every motor vehicle designed or used primarily for drawing other vehicles, and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn, except that [the term includes a motor vehicle that is otherwise a truck-tractor, that] is engaged with a semi-trailer in the transportation of automobiles, and that transports motor vehicles on part of the truck-tractor. Vehicle. Every mechanical device in, upon or by which any person or property is or may be transported or drawn upon a public highway, including motor vehicles, commercial motor vehicles, truck-tractors, trailers, and semi-trailers, severally, as herein defined, but excepting devices moved by human power or used exclusively upon stationary rails or tracks. (Ordinance 2004-09, sec. II, adopted 2/16/04; Ordinance 2005-26, sec. II, adopted 10/3/05; 2006 Code, ch. 10, sec. 2.01) * State law references–Rules of the road, V.T.C.A., Transportation Code, title 7, subtitle C, ch. 541 et seq.; powers of local authorities regarding traffic and vehicles, V.T.C.A., Transportation Code, sec. 542.202; limitation on local authorities regarding traffic and vehicles, V.T.C.A., Transportation Code, sec. 542.203. Town Council Page 825 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-8 Sec. 12.01.002 Penalty It shall be unlawful for any person to violate any provision of this article, and any person violating or failing to comply with any provision of this article 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. (Ordinance 2005-26, sec. XI, adopted 10/3/05; Ordinance 2006-23, sec. 2.03, adopted 7/24/06; Ordinance 2008-31, sec. 2.01, adopted 10/6/08; 2006 Code, ch. 10, sec. 2.08) Sec. 12.01.003 Obstructions to visibility at intersections (a) Prohibition. No object or combination of objects, including but not limited to any structure, fence, wall, screen, hedge, tree, bush, shrub, billboard or mound of earth, terrace, bank or barrier, shall be erected, placed, planted or maintained on any corner lot in such a manner as to create a traffic hazard by obstructing the view of the drivers of motor vehicles using the streets adjacent thereto. (b) Exceptions. Natural existing terrain which cannot be removed by reasonable landscaping techniques, including retaining walls constructed below or at the same grade line of such natural existing terrain, shall be excluded from the objects otherwise prohibited as stated within subsection (a) of this section. (c) Presumption. An object, or combination of objects, 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') above the top of the adjacent roadway curb 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 curb lines and a point on each such right-of-way line thirty-five feet (35') from the intersection, shall be prima facie evidence that said object, or combination of objects, so erected, placed, planted or maintained is an obstruction constituting a traffic hazard. (d) Removal. Any object, or combination of objects, placed, erected, planted or maintained in violation of this section shall be removed within ten (10) days of receipt of written notice by certified mail from the chief of police or his representative to the owner, agent or occupant of the premises where such obstruction has been erected, placed, planted or maintained. (Ordinance 2004-09, sec. V, adopted 2/16/04; Ordinance 2005-26, sec. V, adopted 10/3/05; 2006 Code, ch. 10, sec. 2.04) Sec. 12.01.004 Applicability of traffic regulations on private streets All state laws and town ordinances and rules regulating traffic on public streets within the town, both those existing on the date of the adoption of this section and those subsequently enacted, shall apply to the private streets specified below. Such private roads are deemed to be public highways or streets for the purposes of the application and enforcement of the traffic regulations imposed under this section: (1) Briarwood Court. (2) Glen Hurst Court. Town Council Page 826 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-9 (3) Glenwick Court. (4) Meadow Ridge Drive. (5) Ridgewood Drive. (6) Winsted Court. (Ordinance 2006-23, sec. 2.02, adopted 7/24/06; 2006 Code, ch. 10, sec. 2.07) Sec. 12.01.005 Locally enforced motor vehicle idling limitations (a) Definitions. For purposes of this section, the terms below shall be defined as follows: Commercial passenger transportation. A mode of transportation provided by a bus or motor coach designed to accommodate more than 10 passengers (including the operator) for compensation and that is powered by a primary propulsion engine, but specifically excluding the modes of railroad, light rail, or taxicabs. Idle. The operation of an engine in the operating mode where: (1) The engine is not engaged in gear; (2) The engine operates at a speed at the revolutions per minute specified by the engine or vehicle manufacturer for when the accelerator is fully released; and (3) There is no load on the engine. Mechanical operations. The use of electrical tools or equipment in construction, maintenance, or repair of facilities. Passenger transit operations. A regional mode of public transportation that is funded through a portion of sales tax for the region being served. Primary propulsion engine. A gasoline or diesel-fueled internal combustion engine that: (1) Is attached to a motor vehicle; and (2) Provides the power to propel the motor vehicle into motion and maintain motion. (b) Idling prohibited. A person commits an offense if, at any time from April 1 through September 30 of any calendar year, he causes, suffers, allows, or permits the primary propulsion engine of a motor vehicle to idle for more than five (5) consecutive minutes unless the motor vehicle is in motion. The owner of a vehicle subject to this section may be charged with a violation of this section, if that violation is committed by the owner's employee. (c) Exception. It is an exception to prosecution under this section that: (1) The motor vehicle has a gross vehicle weight rating of 14,000 pounds or less; Town Council Page 827 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-10 (2) The motor vehicle was forced to remain motionless because of traffic conditions over which the operator had no control; (3) The motor vehicle was being used: (A) By the United States military, national guard, or reserve forces; or (B) As an emergency or law enforcement motor vehicle; (4) The primary propulsion engine of the motor vehicle was providing a power source necessary for a mechanical operation of the vehicle, other than: (A) Propulsion; or (B) Passenger compartment heating or air conditioning; (5) The primary propulsion engine of the motor vehicle was being operated for maintenance or diagnostic purposes; (6) The primary propulsion engine of the motor vehicle was being operated solely to defrost a windshield; (7) The primary propulsion engine of the motor vehicle was being used to supply heat or air conditioning necessary for passenger comfort or safety, if the vehicle: (A) Was a school bus or was intended for commercial passenger transportation or passenger transit operations; and (B) Did not idle more than thirty (30) consecutive minutes; (8) The primary propulsion engine of the motor vehicle was being used to provide air conditioning or heating necessary for employee health or safety while the employee was using the vehicle to perform an essential job function related to roadway construction or maintenance; (9) The person charged with the offense was the owner of a motor vehicle subject to this section that had been rented or leased to a third party operating the vehicle at the time of the offense, if the third party vehicle operator was not employed by the vehicle owner. (Ordinance 2008-31, sec. 2.02, adopted 10/6/08) Sec. 12.01.006 Operation of law enforcement emergency vehicle without using warning devices The driver of an authorized emergency vehicle that is used for law enforcement purposes may operate without using the emergency warning devices required by state law only when the driver Town Council Page 828 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-11 is responding to an emergency call or when he or she is in pursuit of a suspected violator of the law and he or she has probable cause to believe that: (1) Knowledge of his or her presence will cause the suspect to destroy or lose evidence of a suspected felony; (2) Knowledge of his or her presence will cause the suspect to cease a suspected continuing felony before the driver has acquired sufficient evidence to establish grounds for arrests; (3) Knowledge of his or her presence will cause the suspect to evade apprehension or identification of the suspect or of his or her vehicle; or (4) Traffic conditions on a multi-laned roadway are such that movements of motorists in response to the emergency warning devices may increase the potential for a collision or may unreasonably extend the duration of the pursuit. (Ordinance 92-15, sec. I, adopted 5/19/92; 2006 Code, ch. 10, sec. 7.1(B)) State law reference–Exceptions to signal requirement, V.T.C.A., Transportation Code, sec. 546.004. ARTICLE 12.02 TRAFFIC-CONTROL DEVICES* Division 1. Generally Sec. 12.02.001 Uniformity; conformance to manual All traffic-control devices, including signs, signals and markings (pavement and/or curb), installed or used for the purpose of directing and controlling traffic within the town shall conform with the Texas Manual on Uniform Traffic Control Devices for Streets and Highways adopted by the state transportation commission (the “manual”). As required by section 544.002, Tex. Transportation Code Ann. (Vernon 1998), all signs, signals and markings erected or used by the town shall be uniform, and shall be located throughout the town in conformity with the directions shown in the manual as far as practicable. (2006 Code, ch. 10, sec. 2.03(A). See end of this article for full history for this article.) State law reference–Adoption of sign manual and specifications, V.T.C.A., Transportation Code, sec. 544.001. Sec. 12.02.002 Obedience The driver of any vehicle shall obey the instructions of any official traffic-control device, sign, signal or marking applicable thereto placed in accordance with this article or other traffic codes of the town, unless otherwise directed by a police officer, subject to the exceptions herein granted * State law references–Authority to place and maintain traffic-control devices, V.T.C.A., Transportation Code, sec. 542.202(1); traffic signs, signals and markings, V.T.C.A., Transportation Code, ch. 544. Town Council Page 829 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-12 the driver of an authorized emergency vehicle. (2006 Code, ch. 10, sec. 2.03(E). See end of this article for full history for this article.) State law reference–Compliance with traffic-control device, V.T.C.A., Transportation Code, sec. 544.004. Sec. 12.02.003 Privileges of drivers of authorized emergency vehicles (a) The driver of an authorized emergency vehicle, as the term “authorized emergency vehicle” is defined by section 541.201, Texas Transportation Code (Vernon 1998), when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated and subject to other applicable codes of the town. (b) The driver of an authorized emergency vehicle may: (1) Park or stand, irrespective of the provisions of this chapter or any other codes of the town; (2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; (3) Exceed the prima facie speed limits so long as he does not endanger life or property; and (4) Disregard regulations governing direction of movement or turning in specified directions. (c) The exemption herein granted to an authorized emergency vehicle shall apply only when the driver of any such vehicle in motion sounds an audible signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of at least five hundred feet (500') to the front of such vehicle, except that an authorized vehicle operated as a police vehicle need not be equipped with or display a red light from in front of the vehicle. (2006 Code, ch. 10, sec. 2.03(F). See end of this article for full history for this article.) State law reference–Operation of authorized emergency vehicles, V.T.C.A., Transportation Code, ch. 546. Sec. 12.02.004 Unauthorized devices (a) No person shall place, maintain, or display upon or in view of any highway, street or alley any unauthorized sign, signal, marking, or device, whether one or more, which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal. (b) No person shall place or maintain nor shall any public authority permit upon any highway, street or alley any traffic sign or signal bearing thereon any commercial advertising. Town Council Page 830 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-13 (c) This section shall not be deemed to prohibit the erection upon private property adjacent to highways, streets or alleys of signs giving useful directional information and of a type that cannot be mistaken for official signs. (d) Every such prohibited sign, signal or marking is hereby declared to be a public nuisance, and the chief of police or his authorized representative is hereby empowered to remove the same or cause it to be moved without notice. (2006 Code, ch. 10, sec. 2.03(G). See end of this article for full history for this article.) State law reference–Display of unauthorized signs, signals or markings, V.T.C.A., Transportation Code, sec. 544.006. Sec. 12.02.005 Interference No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down or remove any official traffic-control device, sign or signal or any railroad sign or signal or any inscription, shield, or insignia thereon, or any part thereof. (2006 Code, ch. 10, sec. 2.03(H). See end of this article for full history for this article.) State law reference–Interference with traffic-control devices or railroad signs or signals, V.T.C.A., Transportation Code, sec. 544.005. Sec. 12.02.006 Manual operation of traffic signals by school crossing guard (a) The school crossing guards officially designated by the chief of police are hereby invested with the authority to manually operate traffic-control signals, pursuant to section 542.202, Tex. Transportation Code Ann. (Vernon 1998), by which traffic is alternately directed to stop and permitted to proceed. (b) Pursuant to section 542.501, Tex. Transportation Code Ann. (Vernon 1998), it shall be unlawful for any person to willfully fail or refuse to comply with a traffic-control signal operated by a school crossing guard. (2006 Code, ch. 10, sec. 2.03(I). See end of this article for full history for this article.) State law reference–Obedience to lawful order or direction of school crossing guard, V.T.C.A., Transportation Code, sec. 542.501. Sec. 12.02.007 Installation and maintenance The town manager or designee shall place and maintain traffic-control signs, signals and devices when and as required under this chapter or other traffic codes of this town to make effective the provisions of this chapter or other codes, and may place and maintain such additional traffic- control devices as he may deem necessary to regulate traffic under this chapter or other traffic codes of this town or under state law, or to guide or warn traffic. (2006 Code, ch. 10, sec. 2.03(J); Ordinance adopting Code. See end of this article for full history for this article.) Town Council Page 831 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-14 Sec. 12.02.008 Evidence of validity It shall be unlawful for any person not authorized by the town manager or designee to install or cause to be installed any signal, sign or device purporting to direct the use of the streets or the activities on those streets of pedestrians, vehicles, motor vehicles, or animals. Proof, in any prosecution for a violation of this chapter or any traffic code of the town, that any traffic-control device, sign, signal or marking was actually in place on any street shall constitute prima facie evidence that the same was installed by the town pursuant to the authority of this chapter or of another code directing the installation of such device, signal or marking. (2006 Code, ch. 10, sec. 2.03(K); Ordinance adopting Code. See end of this article for full history for this article.) Secs. 12.02.009–12.02.030 Reserved Division 2. Locations Sec. 12.02.031 Stop signs Stop signs shall be erected at the following intersections, and such intersections are hereby designated as stop intersections. Every driver of a vehicle approaching a stop intersection shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but, if none, then at the point nearest the intersecting roadway where the driver has a view of the approaching traffic on the intersecting roadway before entering the intersection, except when directed to proceed by a police officer or traffic-control signal. The stop intersections and locations of stop signs shall be as follows: (1) At the corner of every street or court intersecting with and entering onto Trophy Club Drive. (2) At the corner of every street or court intersecting with and entering onto Indian Creek Drive. (3) At the corner of every street or court intersecting with and entering onto Village Trail Drive. (4) At the northeast corner of the intersection of Indian Creek Drive and Trophy Wood Drive facing east on Indian Creek Drive. (5) At the southwest corner of the intersection of Indian Creek Drive and Trophy Wood Drive facing west on Indian Creek Drive. (6) At the southeast corner of the intersection of Indian Creek Drive and Trophy Wood Drive facing south on Trophy Wood Drive. (7) At the northeast corner of the intersection of Inverness Drive and Forest Hill Drive facing east on Inverness Drive. (8) At the northeast corner of the intersection of Phoenix Drive and Pebble Beach Drive facing east on Phoenix Drive. (9) At the northeast corner of the intersection of Carnoustie Drive and Oakmont Drive facing east on Carnoustie Drive. Town Council Page 832 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-15 (10) At the northwest corner of the easternmost section of the intersection of Seminole Drive and Fresh Meadow Drive facing north on Seminole Drive. (11) At the northeast corner of the intersection of Pin Oak Drive and Trophy Wood Drive facing east on Pin Oak Drive. (12) At the northeast corner of the intersection of Pebble Beach Drive and Trophy Wood Drive facing east on Pebble Beach Drive. (13) At the southwest corner of the intersection of Pebble Beach Drive and Trophy Wood Drive facing west on Pebble Beach Drive. (14) At the northeast corner of the intersection of Inverness Drive and Trophy Wood Drive facing east on Inverness Drive. (15) At the southwest corner of the intersection of Inverness Drive and Trophy Wood Drive facing west on Inverness Drive. (16) At the northwest corner of the intersection of Michelle Court and Indian Creek Drive facing north on Michelle Court. (17) At the southeast corner of the intersection of Brook Hollow Lane and Indian Creek Drive facing northeast on Indian Creek Drive. (18) At the southeast corner of the intersection of St. Andrews Court and Indian Creek Drive facing southwest on St. Andrews Court. (19) At the southeast corner of the intersection of Lake Forest Court and Indian Creek Drive facing southwest on Lake Forest Court. (20) At the southeast corner of the intersection of Turnbury Court and Indian Creek Drive facing southwest on Turnbury Court. (21) At the southeast corner of the intersection of Glen Eagles Court and Indian Creek Drive facing southwest on Glen Eagles Court. (22) At the northeast corner of the intersection of Woodlands Court and Indian Creek Drive facing east on Woodlands Court. (23) At the northeast corner of the intersection of Shady Oaks Court and Indian Creek Drive facing east on Shady Oaks Court. (24) At the northeast corner of the intersection of Ross Court and Indian Creek Drive facing east on Ross Court. (25) At the northwest corner of the most easterly intersection of Fair Green Drive and Indian Creek Drive facing north on Fair Green Drive. (26) At the northwest corner of the most westerly intersection of Fair Green Drive and Indian Creek Drive facing north on Fair Green Drive. Town Council Page 833 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-16 (27) At the northeast corner of the intersection of Sunrise Court and East Hillside Place facing east on Sunrise Court. (28) At the northeast corner of the intersection of Greenhill Trail South and East Hillside Place facing east on Greenhill Trail South. (29) At the northeast corner of the intersection of Crestwood Drive and East Hillside Place facing east on Crestwood Drive. (30) At the southeast corner of the intersection of Rockwood Drive and Crestwood Drive facing south on Rockwood Drive. (31) At the southwest corner of the intersection of Overhill Drive and Skyline Drive facing west on Overhill Drive. (32) At the southwest corner of the most southerly intersection of Panorama Trail and Skyline Drive facing west on Panorama Trail. (33) At the northeast corner of the intersection of Panorama Court and Skyline Drive facing east on Panorama Court. (34) At the southwest corner of the most northerly intersection of Panorama Trail and Skyline Drive facing west on Panorama Trail. (35) At the northwest corner of the intersection of Brookfield Drive and Creek Courts Drive facing north on Brookfield Drive. (36) At the northwest corner of the intersection of Oakmont Drive and Creek Courts Drive facing north on Oakmont Drive. (37) At the southeast corner of the intersection of Cimarron Drive and Sonora Drive facing south on Cimarron Drive. (38) At the southwest corner of the intersection of Trophy Club Drive and Indian Creek Drive facing west and controlling traffic on Trophy Club Drive. (39) At the northeast corner of the intersection of Trophy Club Drive and Michelle Court facing east and controlling traffic on Trophy Club Drive. (40) At the northwest corner of Overhill Drive and Timber Ridge Drive facing north on Overhill Drive. (41) At the southwest corner of Timber Ridge Drive and Skyline Drive facing west on Timber Ridge Drive. (42) At the northwest corner of Rockwood Drive and Meadowbrook Lane facing north on Rockwood Drive. (43) At the northeast corner of Greenleaf Drive and Meadowbrook Lane facing southeast on Greenleaf Drive. Town Council Page 834 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-17 (44) At the southeast corner of Timberline Drive and Greenleaf Drive facing east on Timberline Drive. (45) At the northeast corner of Timber Ridge Drive and Greenhill Drive facing east on Timber Ridge Drive. (46) At the northwest corner of Greenleaf Drive and Timberline Drive facing north on Greenleaf Drive. (47) At the southwest corner of Trophy Wood extension at T.W. King Road facing west on T.W. King Road. (48) At the southeast corner of Lake Forest Drive and Cypress Court facing south on Lake Forest Drive. (49) At the northwest corner of Summit Cove and Municipal Drive facing north on Summit Cove. (50) At the northwest corner of Hill Top Lane and Oak Hill Drive facing north on Oak Hill Drive. (51) At the southwest corner of Oak Hill Drive and Oak Hill Drive facing west; this street circles around into itself. (52) At the northeast corner of Oak Village Court and Oak Hill Drive facing east on Oak Village Court. (53) At the northwest corner of Carnoustie Drive and Wilshire Drive facing north on Carnoustie Drive. (54) At the southeast corner of Portland Drive and Wilshire Drive facing south on Portland Drive. (55) At the southeast corner of Berkshire Drive and Portland Drive facing southwest on Berkshire Drive. (56) At the southeast corner of Winding Creek Court and Creek Courts Drive facing south on Winding Creek Court. (57) At the northeast corner of Palmetto Court and Oakmont Drive facing east on Palmetto Court. (58) At the southwest corner of Oakmont Drive and Oakmont Drive facing west; this street circles around into itself. (59) At the southwest corner of Shasta Drive and Trophy Lake Drive facing west on Shasta Drive. (60) At the northwest corner of Llano Drive and Shasta Drive facing north on Llano Drive. Town Council Page 835 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-18 (61) All four corners where Cimarron Drive and Shasta Drive intersect. (62) At the southeast corner of Shasta Drive and Alamosa Drive facing south on Shasta Drive. (63) At the southeast corner of Pagosa Court and Sonora Drive facing south on Pagosa Court. (64) At the southeast corner of Palo Duro Court and Sonora Drive facing south on Palo Duro Court. (65) At the southeast corner of Mesa Verde Court and Sonora Drive facing south on Mesa Verde Court. (66) At the southeast corner of Salida Drive and Chimney Rock Drive facing south on Salida Drive. (67) At the southeast corner of Sonora Drive and Monterey Drive facing south on Sonora Drive. (68) At the northwest corner of Silver Rock Drive and Chimney Rock Drive facing north on Silver Rock Drive. (69) At the southwest corner of Monterey Drive and Silver Rock Drive facing west on Monterey Drive. (70) At the southeast corner of Silver Rock Drive and Durango Drive facing south on Silver Rock Drive. (71) At the northeast corner of Chimney Rock Drive and Sonora Drive facing east on Chimney Rock Drive. (72) At the corner of every court intersection with and entering onto Creek Courts Drive. (73) At the southeast corner of the intersection of Sunset Drive and Portland Drive facing south on Sunset Drive. (74) At the northeast corner of the intersection of Oak Village Lane and Oak Hill Drive facing east on Oak Village Lane. (75) At the southwest corner of the intersection of Jaime Court and Trophy Wood Drive facing west on Jaime Court. (76) At the southwest corner of the intersection of Fairway Village and Fresh Meadow Court facing west on Fairway Village. (77) At the southeast corner of the intersection of Village Way and Fairway Village facing south on Village Way. Town Council Page 836 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-19 (78) At the northeast corner of the intersection of Jennifer Court and Michelle Court facing east on Jennifer Court. (79) At the northwest corner of the intersection of Hill Lane and Oak Hill Drive facing west on Hill Lane. (80) At the southeast corner of the intersection of Glenwick Court and Meadow Ridge Drive facing south on Glenwick Court. (81) At the southeast corner of the intersection of Glen Hurst Court and Meadow Ridge Drive facing south on Glen Hurst Court. (82) At the northwest corner of the intersection of Ridgewood Drive and Meadow Ridge Drive facing north on Ridgewood Drive. (83) At the southeast corner of the intersection of Briarwood Court and Meadow Ridge Drive facing south on Briarwood Court. (84) At the southeast corner of the intersection of Meadow Lake Drive and Avalon Drive facing west on Meadow Lake Drive. (85) At the northwest corner of the intersection of Lakewood Drive and Avalon Drive facing north on Avalon Drive. (86) At the northeast corner of the intersection of Silver Rock Drive and McKenzie Drive facing east on Silver Rock Drive. (87) At the southwest corner of the northernmost intersection of Lakeview Drive and Lake Shore Drive facing west on Lakeview Drive. (88) At the southwest corner of the southernmost intersection of Lakeview Drive and Lakeshore Drive facing west on Lakeview Drive. (89) At the southeast corner of the intersection of Parkway Court and Park Lane facing south on Parkway Court. (90) At the southwest corner of the intersection of Park Lane and Parkview Drive facing west on Park Lane. (91) At the southeast corner of the intersection of Cimarron Court and Cimarron Drive facing west on Cimarron Court. (92) At the northeast corner of the intersection of Round Rock Court and Llano Drive facing east on Round Rock Court. (93) At the northeast corner of the intersection of Paint Rock Court and Llano Drive facing east on Paint Rock Court. (94) At the southwest corner of the intersection of Village Trail and Trophy Lake Drive facing west on Village Trail. Town Council Page 837 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-20 (95) At the southeast corner of the intersection of Colonial Court and Cypress Court facing south on Colonial Court. (96) At the northwest corner of the intersection of Gentry Court and Fresh Meadow Drive facing north on Gentry Court. (97) At the northeast corner of the intersection of Hanna Court and Trophy Wood Drive facing east on Hanna Court. (98) At the corner of every street or court intersection with and entering onto Durango Drive. (99) At the corner of every street or court intersection with and entering onto Skyline Drive. (100) At the northeast corner of the intersection of Panorama Circle going west and Panorama Circle going north. (101) At the northwest corner of the intersection of Spyglass Court and Hogans Drive facing north on Spyglass Court. (102) At the northwest corner of the intersection of Hayes Court and Hogans Drive facing north on Hayes Court. (103) At the northwest corner of the intersection of Hamper Court and Hogans Drive facing north on Hamper Court. (104) At the northwest corner of the intersection of Spyglass Court and Cypress Court facing north on Spyglass Court. (105) At the southeast corner of the intersection of Spyglass Court and Hogans Drive facing south on Spyglass Court. (106) At the northeast corner of the intersection of Stephen’s Court and Hogans Drive facing east on Stephen Court. (107) At the northwest corner of the intersection of Edgemere Court and Drive facing northeast on Edgemere Court. (108) At the northwest corner of the intersection of Clear Vista Drive and Court facing north on Clear Vista Drive. (109) At the northwest corner of the intersection of Lakeview Drive and Lakeshore Drive facing north on Lakeshore Drive. (110) At the southwest corner of the intersection of Lakeview Drive and Lakeshore Drive facing west on Lakeview Drive. (111) At the southeast corner of the intersection of Lakeview Drive and Lakeshore Drive facing south on Lakeshore Drive. Town Council Page 838 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-21 (112) At the southwest corner of the intersection of Parkview Drive and Durango Drive facing west on Durango Drive. (113) At the northeast corner of the intersection of Parkview Drive and Durango Drive facing east on Durango Drive. (114) At the northeast corner of the intersection of Durango Drive and Village Trail facing east on Durango Drive. (115) At the southwest corner of the intersection of Durango Drive and Village Trail facing west on Durango Drive. (116) At the northeast corner of the intersection of Trophy Club Drive and Trophy Lake Drive facing east on Trophy Club Drive. (117) At the southwest corner of the intersection of Trophy Club Drive and Trophy Lake Drive facing west on Trophy Club Drive. (118) At the northwest corner of the intersection of Trophy Wood Drive and Inverness Drive facing north on Trophy Wood Drive. (119) At the southeast corner of the intersection of Trophy Wood Drive and Inverness Drive facing south on Trophy Wood Drive. (120) At the southwest corner of the intersection of southbound Greenhill Trail and eastbound Hunters Ridge Lane, facing west for traffic turning north or south onto Greenhill Trail or continuing east on Hunters Ridge Lane. (121) At the northeast corner of the intersection of westbound Hunters Ridge Lane and northbound Greenhill Trail, facing east for traffic turning north or south onto Greenhill Trail or continuing west on Hunters Ridge Lane. (122) At the southeast corner of the intersection of northbound Greenhill Trail and eastbound Heather Glen Circle, facing south for traffic turning east or west onto Heather Glen Circle or continuing north on Greenhill Trail. (123) At the northwest corner of the intersection of southbound Greenhill Trail and westbound Heather Glen Circle, facing north for traffic turning east or west onto Heather Glen Circle or continuing south on Greenhill Trail. (124) At the southeast corner of the intersection of northbound Greenhill Trail and Heatherstone Court, facing south for traffic turning east or west onto Heatherstone Court. (125) At the northwest corner of the intersection of southbound Heather Glen Circle and westbound Hunters Ridge Lane, facing north for traffic turning east or west onto Hunters Ridge Lane. (126) At the northeast corner of the intersection of westbound Plaza Drive and northbound Trophy Wood Drive, facing east for traffic turning north or south on Trophy Wood Drive or continuing west on Plaza Drive. Town Council Page 839 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-22 (127) At the southwest corner of the intersection of eastbound Plaza Drive and southbound Trophy Wood Drive, facing west for traffic turning north or south on Trophy Wood Drive or continuing east on Plaza Drive. (128) At the northeast corner of the intersection of northbound Trophy Branch and eastbound Plaza Drive, facing south for traffic turning east or west on Plaza Drive. (129) At the southeast corner of the intersection of Plaza Drive and T.W. King Road, facing west for traffic turning north or south on T.W. King Road. (130) At the southwest corner of the intersection of Trophy Wood Drive and State Highway 114 service road, facing north for traffic turning west onto State Highway 114 service road. (131) At the southeast corner of the intersection of Glasgow Drive and Galloway Boulevard facing south on Glasgow Drive. (132) At the northwest corner of the intersection of Alisa Lane and McLean Avenue facing northeast on Alisa Lane. (133) At the southwest corner of the intersection of Alisa Lane and Montgomerie Avenue facing west on Alisa Lane. (134) At the southeast corner of the intersection of Montgomerie Avenue and Galloway Boulevard facing east on Montgomerie Avenue. (135) At the southeast corner of the intersection of Veranda Avenue and Galloway Boulevard facing southeast on Veranda Avenue. (136) At the northwest corner of the intersection of Carrick Drive and Veranda Avenue facing east southeast on Carrick Drive. (137) At the northwest corner of the intersection of Stirling Avenue and Carrick Drive facing northwest on Stirling Avenue. (138) At the southeast corner of the intersection of Stirling Avenue and Galloway Boulevard facing east on Stirling Avenue. (139) At the southeast corner of the intersection of Prestwick Avenue and Galloway Boulevard facing south southeast on Prestwick Avenue. (140) At the northwest corner of the intersection of Prestwick Avenue and Carrick Drive facing north on Prestwick Avenue. (141) At the southwest corner of the intersection of Carrick Drive and Edinburgh Avenue facing northwest on Carrick Drive. (142) At the southwest corner of the intersection of Aberdeen Drive and Edinburgh Avenue facing west on Aberdeen Drive. Town Council Page 840 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-23 (143) At the northwest corner of the intersection of Aberdeen Drive and Prestwick Avenue facing northeast on Aberdeen Drive. (144) At the southwest corner of the intersection of Galloway Boulevard and Edinburgh Avenue facing northwest on Galloway Boulevard. (145) At the northwest corner of the intersection of Highlands Drive and Galloway Boulevard facing north on Highlands Drive. (146) At the southwest corner of the intersection of Mona Vale Road and Highlands Drive facing west on Mona Vale Road. (147) At the northwest corner of the intersection of Bellshill Lane and Mona Vale Road facing north on Bellshill Lane. (148) At the southeast corner of the intersection of Ralston Drive and Strathfield Lane facing south on Ralston Drive. (149) At the northwest corner of the intersection of Ralston Drive and Lilyfield Drive facing north on Ralston Drive. (150) At the northwest corner of the intersection of Lilyfield Drive and Mona Vale Road facing northwest on Lilyfield Drive. (151) At the northwest corner of the intersection of Strathfield Lane and Lilyfield Drive facing northeast on Strathfield Lane. (152) At the northeast corner of the intersection of Rosebury Lane and Lilyfield Drive facing east on Rosebury Lane. (153) At the northeast corner of the intersection of Broadway Drive and Roseville Drive facing east on Broadway Drive. (154) At the southwest corner of the intersection of Broadway Drive and Mosman Lane facing west on Broadway Drive. (155) At the southeast corner of the intersection of Mosman Lane and Morgan Lane facing southwest on Mosman Lane. (156) At the northeast corner of the intersection of Morgan Lane and Roseville Drive facing northeast on Morgan Lane. (157) At the northwest corner of the intersection of Roseville Drive and Marshall Creek Drive facing north on Roseville Drive. (158) At the northeast corner of the intersection of Broadway Drive and Highlands Drive facing east on Broadway Drive. (159) At the northwest corner of the intersection of Broadway Drive and Trophy Park Drive facing northwest on Broadway Drive. Town Council Page 841 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-24 (160) At the northwest corner of the intersection of Waverly Drive and Broadway Drive facing northeast on Waverly Drive. (161) At the southeast corner of the intersection of Derby Way and Trophy Park Drive facing south on Derby Way. (162) At the southeast corner of the intersection of Strathfield and Lilyfield facing south. (163) At the southwest corner of the intersection of Bobcat Boulevard and Trophy Club Drive facing north west. (164) At the southeast corner of the intersection of Parkview and Bobcat Boulevard facing south. (165) At the southeast corner of the intersection of Marshall Creek and Bobcat Boulevard facing southwest. (166) At the northeast corner of the intersection of Trophy Club Drive and Yorkshire Drive facing east. (167) At the southeast corner of the intersection of Yorkshire Drive and Sherwood Drive facing southeast. (168) At the northeast corner of the intersection of Sheffield Drive and Sherwood Drive facing east. (169) At the northwest corner of the intersection of Earl Drive and Sheffield Drive facing northwest. (170) At the southwest corner of the intersection of Earl Drive and Yorkshire Drive facing west. (171) At the northeast corner of the intersection of Hogans Drive and Reading Court facing east. (172) At the northeast corner of the intersection of Hogans Drive and Rochester Court facing east. (173) At the northeast corner of the intersection of Kensington Lane and Roseville Drive facing east. (174) At the northwest corner of the intersection of Kensington Lane and Geneva Court facing north. (175) At the northwest corner of the intersection of Kensington Lane and Rose Bay Court facing north. (176) At the southwest corner of the intersection of Kensington Lane and Balmain Court facing west. Town Council Page 842 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-25 (177) At the southeast corner of the intersection of Morgan Lane and Bronte Court facing south. (178) At the northwest corner of the intersection of Morgan Lane and Willow Lane facing north. (179) At the southeast corner of the intersection of Yorkshire Drive and Sherwood Drive facing south. (180) At the southwest corner of the intersection of Yorkshire Drive and Earl Drive facing west. (181) At the northwest corner of the intersection of Earl Drive and Sheffield Drive facing north. (182) At the northeast corner of the intersection of Sheffield Drive and Sherwood Drive facing east. (183) At the southwest corner of the intersection of Edinburgh Avenue and Malin Drive facing west. (184) At the northeast corner of the intersection of Abby Lane and Veranda Avenue facing east. (185) At the northeast corner of the intersection of Veranda Avenue and Malin Drive facing east. (186) At the southwest corner of the intersection of Earl Drive and Exeter Drive facing west. (187) At the northwest corner of the intersection of Exeter Drive and Sheffield Drive facing north. (188) At the southwest corner of the intersection of Kent Street and Trophy Club Drive facing west. (189) At the northeast corner of the intersection of Kent Street and Mona Vale Road facing east. (190) At the northwest corner of the intersection of Mona Vale Road and Marrickville Drive facing north. (191) At the northwest corner of the intersection of Darlinghurst Road and Marrickville Drive facing north. (192) At the northwest corner of the intersection of Castlereach Street and Marrickville Drive facing north. (193) At the southeast corner of the intersection of Darlinghurst Road and Castlereach Street facing east. Town Council Page 843 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-26 (194) At the southwest corner of the intersection of Castlereach Street and Mona Vale Road facing west. (195) At the northwest corner of the intersection of Chatswood Drive and Waverly Drive facing north. (196) At the southeast corner of the intersection of King Lane and Chatswood Drive facing southeast. (197) At the northwest corner of the intersection of King Lane and Annadale Drive facing north. (198) At the northwest corner of the intersection of Annadale Drive and Waverly Drive facing north. (199) At the northwest corner of the intersection of Hyde Court and Waverly Drive facing north. (200) At the southwest corner of the intersection of Waverly Drive and Balmoral Drive facing west. (201) At the northwest corner of the intersection of Balmoral Drive and Trophy Park Drive facing north. (202) At the northeast corner of the intersection of Hale Court and Hogans Drive facing east. (203) At the northeast corner of the intersection of Rochester Court and Hogans Drive facing east. (204) At the northeast corner of the intersection of Reading Court and Hogans Drive facing east. (205) At the southwest corner of the intersection of Greenan Drive and Montgomerie Drive facing west. (206) At the northeast corner of the intersection of Greenan Drive and McLean Drive facing north. (207) At the southwest corner of the intersection of Derby Court and Galloway Boulevard facing north. (208) At the southeast corner of the intersection of York Street and Trophy Club Drive facing west. (209) At the northwest corner of the intersection of Mona Vale Road and York Street facing east. (210) At the northwest corner of the intersection of Mona Vale Road and Cromwell Court facing north. Town Council Page 844 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-27 (211) At the northwest corner of the intersection of Mona Vale Road and Brunswick Court facing north. (212) At the northwest corner of the intersection of Mona Vale Road and Martin Court facing north. (213) At the northwest corner of the intersection of Mona Vale Road and Ranwick Court facing north. (214) At the northeast corner of the intersection of Mona Vale Road and Highlands Drive facing east. (2006 Code, ch. 10, sec. 2.03(B). See end of this article for full history for this article.) State law references–Authority to designate through highways and stop and yield intersections, V.T.C.A., Transportation Code, secs. 542.202, 544.003; manner of stopping at stop or yield sign, V.T.C.A., Transportation Code, sec. 544.010. Sec. 12.02.032 U-turns (a) Restrictions. (1) It shall be unlawful for the driver of any vehicle to turn such vehicle so as to proceed in the opposite direction or to make a one hundred eighty (180) degree turn (U-turn) on any street posted by the town with a sign or signs indicating that such a movement is prohibited. U-turns shall be permitted at locations where no sign or state law prohibits such turn. (2) It shall be unlawful for the driver of any vehicle to make a U-turn unsafely, or by backing, or when such turn causes interference with other traffic. (b) Prohibited locations. U-turn signs shall be erected at the following locations, and such locations are hereby designated as prohibited U-turn locations. The prohibited locations of U- turns shall be as follows: (1) The south end of the median abutting the State Highway 114 service road and west of 353 Trophy Lake Drive. This prohibition applies only to traffic north bound. (2) The south end of the median of Trophy Club Drive abutting the State Highway 114 service road and west of 99 Trophy Club Drive. This prohibition applies only to traffic north bound. (2006 Code, ch. 10, sec. 2.03(C). See end of this article for full history for this article.) Sec. 12.02.033 Emergency signs Two emergency signs shall be located on Trophy Club Drive. The sign for northbound traffic shall be located 242 feet south of the intersection of Trophy Club Drive and Municipal Drive on the east side of Trophy Club Drive. The sign for southbound traffic shall be located 343 feet north Town Council Page 845 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-28 of the intersection of Trophy Club Drive and Municipal Drive in the center median of Trophy Club Drive. (2006 Code, ch. 10, sec. 2.03(L). See end of this article for full history for this article.) (Ordinance 2004-09, sec. IV, adopted 2/16/04; Ordinance 2005-26, sec. IV, adopted 10/3/05; Ordinance 2006-19, sec. II, adopted 6/19/06; 2006 Code, ch. 10, sec. 2.03; Ordinance 2008-38, sec. II, adopted 12/1/08; Ordinance 2009-32, sec. II, adopted 11/16/09; Ordinance 2011-02, adopted 1/17/11; Ordinance 2011-37, adopted 10/17/11; Ordinance 2013-01 adopted 1/7/13) ARTICLE 12.03 OPERATION OF VEHICLES* Division 1. Generally Secs. 12.03.001–12.03.040 Reserved Division 2. Speed Regulations† Sec. 12.03.041 Maximum speed generally (a) Except as provided by section 12.02.003 of this code, no person shall drive a vehicle on a street or highway within the town at a speed greater than is reasonable and prudent under the circumstances then existing. (b) The maximum rate of speed on all of the streets, roads and highways within the corporate limits of the town shall be thirty (30) miles per hour, except in designated school zones as provided herein. (c) The maximum rate of speed on all of the alleys within the corporate limits of the town shall be (15) fifteen miles per hour. (2006 Code, ch. 10, sec. 2.02(A). See end of this division for full history for this division.) State law reference–Maximum speed requirement, V.T.C.A., Transportation Code, sec. 545.351. Sec. 12.03.042 Special speed zones The following areas, streets or portions thereof shall be designated special speed zones and it shall be unlawful for any person to drive any vehicle thereon at a speed greater than twenty (20) miles per hour during the designated times: (1) On Village Trail Road from the 0 block to the 300 block, between the hours of 7:00 a.m. and 9:00 a.m. and between the hours of 2:00 p.m. and 3:30 p.m. on school days. * State law reference–Operation and movement of vehicles, V.T.C.A., Transportation Code, ch. 546. † State law references–Authority to establish or alter prima facie speed limits, V.T.C.A., Transportation Code, sec. 542.202(12); speed restrictions, V.T.C.A., Transportation Code, sec. 545.351 et seq.; authority of municipality to alter speed limits, V.T.C.A., Transportation Code, sec. 545.356. Town Council Page 846 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-29 (2) On Trophy Lake Drive at the corner of Trophy Club Drive to 300 feet south of Village Trail Road, between the hours of 7:00 a.m. and 9:00 a.m. and between the hours of 2:00 p.m. and 3:30 p.m. on school days. (3) On Marshall Creek Road from the most western town limits sign to the intersection of Bobcat Boulevard, between the hours of 7:00 a.m. and 9:30 a.m. and between the hours of 2:00 p.m. and 5:00 p.m. on school days. (4) On Parkview Drive from the intersection of Bobcat Boulevard south to Durango Drive, between the hours of 7:00 a.m. and 9:30 a.m. and between the hours of 2:00 p.m. and 5:00 p.m. on school days. (5) On Bobcat Boulevard 120' west of the intersection with Roseville Drive to 96' south of the town limits between the hours of 7:00 a.m. and 9:30 a.m. and between the hours of 2:00 p.m. and 5:00 p.m. on school days. (6) On Trophy Club Drive, 200' south of its intersection with Durango Drive and extending 456' north on Trophy Club Drive, between the hours of 7:00 a.m. and 9:00 a.m. and between the hours of 2:30 p.m. and 5:00 p.m. on school days. (7) On Trophy Club Dr., 801' south of its intersection with Bobcat Blvd. and extending 1055' north on Trophy Club Drive, between the hours of 7:00 a.m. and 9:30 a.m. and between the hours of 2:00 p.m. and 5:00 p.m. on school days. (2006 Code, ch. 10, sec. 2.02(B). See end of this division for full history for this division.) Sec. 12.03.043 Signs Speed limit and school zone signs in conformity with the manual and specifications for uniform traffic-control devices as adopted by the state transportation commission shall be and hereby are directed to be erected at the appropriate locations as determined by the chief of police. (2006 Code, ch. 10, sec. 2.02(C). See end of this division for full history for this division.) (Ordinance 2004-09, sec. III, adopted 2/16/04; Ordinance 2005-26, sec. III, adopted 10/3/05; 2006 Code, ch. 10, sec. 2.02; Ordinance 2009-32, sec. II, adopted 11/16/09; Ordinance 2011-30 adopted 9/12/11; Ordinance 2012-37 adopted 12/10/12; Ordinance 2013-22 adopted 8/19/13; Ordinance 2014-34 adopted 10/28/14) Town Council Page 847 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-30 ARTICLE 12.04 PARKING* Sec. 12.04.001 Definitions For purposes of this article, the terms below shall mean as follows: Approved paved surface. A surface on which off-street parking is permitted as authorized by and set forth in the town comprehensive zoning ordinance and other applicable codes of the town. Recreational vehicle. Self-propelled living quarters equipped or used for sleeping and eating, which may be moved from one location to another over a public street. Stand or park. The halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. (2006 Code, ch. 10, sec. 2.05(A). See end of this division for full history for this division.) Sec. 12.04.002 Presumption that vehicle owner is responsible for violation It is presumed that the registered owner of an unattended or unoccupied vehicle parked, stopped or standing in violation of this chapter illegally parked such vehicle. The records of the state transportation department or the county highway license department showing the name of the person to whom the state highway license was issued is prima facie evidence of ownership by the named individual. (2006 Code, ch. 10, sec. 2.05(F). See end of this division for full history for this division.) State law reference–Presumption that owner of vehicle is responsible for offense, V.T.C.A., Transportation Code, sec. 545.308. Sec. 12.04.003 Prohibited parking generally It shall be unlawful for any person to leave, park or stand a motor vehicle, mobile home, motor home, recreational vehicle, trailer or boat upon the following portions of the public streets located within the town: (1) Indian Creek Drive between its intersection with Trophy Club Drive and Heritage Court; (2) Along the southbound and westbound lanes of Indian Creek Drive between Timberline Drive and Hillcrest Court and the northbound and eastbound lanes of Indian Creek between Heritage Court and Timberline Court; (3) Trophy Club Drive between its intersection with State Highway 114 and Avenue Twenty; provided, however, that there shall be excluded from this portion of the public street that area which lies between median number two and median number three along Trophy Club Drive and adjacent to the town information/map sign (said * State law references–Authority to regulate parking on private property, V.T.C.A., Local Government Code, sec. 431.001; authority to regulate parking generally, V.T.C.A., Transportation Code, sec. 542.202(2); stopping, standing and parking, V.T.C.A., Transportation Code, sec. 545.301 et seq.; stopping, standing or parking prohibited in certain places, V.T.C.A., Transportation Code, sec. 545.302. Town Council Page 848 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-31 area being located approximately one-fourth (1/4) mile from the intersection of Trophy Club Drive and State Highway 114), and which area is designated and marked by striping or otherwise as a parking area where vehicles may park, stop or stand for no more than five (5) minutes for the purpose of reviewing the information/map sign; (4) Trophy Lake Drive; (5) Along the south side of the entire length of Fairway Village Drive; (6) Along the south side of the entire length of Summit Cove Drive; (7) Along the east and west sides of Parkview Drive from Durango Drive to 500 Parkview Drive between the hours of 7:00 a.m. and 9:30 a.m. and between the hours of 2:30 p.m. and 3:30 p.m. on school days; (8) Along the east and west sides of Parkview Drive from 500 Parkview Drive to Bobcat Boulevard between the hours of 7:00 a.m. and 9:30 a.m. and between the hours of 4:00 p.m. and 5:00 p.m. on school days; (9) Between 22 and 42 West Hillside Place; (10) On a sidewalk; (11) In front of a public or private driveway; (12) Within an intersection; (13) On a crosswalk; (14) Within twenty (20) feet of a crosswalk at an intersection; (15) Within fifteen (15) feet of a fire hydrant; or (16) Where signs are erected or curbs are painted indicating that such is not allowed. (2006 Code, ch. 10, sec. 2.05(B); Ordinance adopting Code. See end of this division for full history for this division.) Sec. 12.04.004 Parking on unapproved surface A person commits an offense if he stops, stands or parks a motor vehicle on a lot, unless the vehicle is on an approved paved surface. (2006 Code, ch. 10, sec. 2.05(C)(1). See end of this division for full history for this division.) Sec. 12.04.005 Parking near certain crosswalks It shall be unlawful to park a motor vehicle within twenty feet (20') of the marked crosswalks at the following locations: (1) Bobcat Blvd. 400' south of the town limits. Town Council Page 849 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-32 (2) Bobcat Blvd. at Marshall Creek Rd. (3) Bobcat Blvd. at Parkview. (4) (2) Bobcat Blvd. at Trophy Club Dr. (5) 404 Parkview Dr. (6) 410 Parkview Dr. (7) 500 Parkview Dr. (8) (2) Parkview Dr. at Durango. (9) (2) Durango at Parkview. (10) 197 Durango. (11) (2) Durango at Village Trl. (12) (2) Village Trl. at Durango. (13) Village Trl. at Sonora. (14) Village Trl. at Sundance Ct. (15) Trophy Lake at Village Trl. (16) Trophy Club at Meadow Creek Ct. (17) (2) Trophy Club at Trophy Lake. (18) Trophy Club at Durango. (2006 Code, ch. 10, sec. 2.05(C)(2); Ordinance adopting Code. See end of this division for full history for this division.) Sec. 12.04.006 Exception for emergency vehicles and governmental vehicles All emergency vehicles shall be exempt from the restrictions as set forth in sections 12.04.003, 12.04.004 and 12.04.005 hereof. Emergency vehicles shall include ambulances, fire trucks and equipment, police vehicles and all governmental vehicles used for necessary governmental purposes. (2006 Code, ch. 10, sec. 2.05(D). See end of this division for full history for this division.) Town Council Page 850 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-33 Sec. 12.04.007 Parking near safety zone, fire lane or fire hydrant Except where necessary to avoid conflict with other traffic, or in compliance with law or the direction of a police officer or official traffic-control device, no person shall stop, stand or park a vehicle: (1) Between a safety zone or fire lane and the adjacent curb or within thirty feet (30') of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings. (2) Adjacent to a fire hydrant within fifteen feet (15') of points on the curb directly adjacent to a fire hydrant, unless a different length is indicated by signs or markings. (2006 Code, ch. 10, sec. 2.05(H); Ordinance adopting Code. See end of this division for full history for this division.) Sec. 12.04.008 Overnight parking (a) Prohibition; restricted hours. It shall be unlawful for any person to stand or park any motor vehicle, trailer, mobile home, motor home or boat along or upon any public highway, street, alley or other public right-of-way located within the town between the hours of 3:00 a.m. and 5:00 a.m. each day (hereinafter “restricted hours”). This prohibition shall not be applicable to any motor vehicle which is being used for emergency purposes, to the operation of any motor vehicle being used by a utility company for repair purposes, or to any governmental vehicle being used for necessary governmental purposes. (b) Annual permit. (1) Any person who desires to stand or park a motor vehicle upon a public highway, street, alley or other public right-of-way during restricted hours shall purchase a permit authorizing the same from the town; provided, however, a permit shall only be allowed if there are three (3) or more vehicles registered to the address of the person requesting the permit. A maximum of two (2) permits may be issued per household. A permit shall be displayed in the front windshield of a motor vehicle registered at the address of the applicant so that the permit is plainly visible to a person standing outside of the motor vehicle. Any motor vehicle parked as permitted by this section shall be parked in front of the residence for which the annual permit has been issued in such a manner as not to obstruct access to the private driveways of neighboring residents. (2) A permit shall be issued to a specific residence address and may be transferred to any vehicle registered at that address. Permits are not transferable to a third party. (3) A fee in the amount established by the fee schedule per permit shall be charged for the issuance of each permit. The annual renewal fee shall be in the amount established by the fee schedule per permit. All permits shall be valid from January 1 until December 31 annually regardless of date of issuance. Permit fees shall not be prorated. Town Council Page 851 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-34 (c) Special permission in case of extraordinary circumstances. Special permission to park on any public highway, street, alley or other public right-of-way during the restricted hours may be granted by the chief of police or his designee. Such permission shall only be granted if the chief of police or his designee determines that extraordinary circumstances exist. Extraordinary circumstances may include driveway repair, home repair or rehabilitation requiring temporary alternative driveway usage, temporary visitor parking when the capacity of the driveway is insufficient to hold all motor vehicles, mechanical breakdown of motor vehicles, and/or other similar temporary and unusual circumstances. Upon a determination by the chief of police or his designee that extraordinary circumstances exist, permission to park on a public highway, street, alley or other public right-of-way during restricted hours may be granted for a period not to exceed three (3) consecutive days. Under no circumstances shall permission to park during restricted hours be granted if, in the sole determination of the chief of police or his designee, the request may result in a traffic hazard or may impede the access of emergency or other vehicles. Any motor vehicle parked as permitted by this section shall be parked in front of the residence for which the extraordinary circumstances exist in such a manner as not to obstruct access to the private driveways of neighboring residents. (d) Temporary permit. In lieu of purchasing an annual permit, a person who meets the requirements of subsection (b) of this section, or, in the event that the need for parking due to an extraordinary circumstance extends beyond three (3) consecutive days, a person who desires to stand or park a motor vehicle upon a public highway, street, alley or other public right-of-way during restricted hours, may purchase a temporary permit from the town. A temporary permit authorized by this section shall be issued for a period not to exceed seven (7) days. The temporary parking permit fee shall be in the amount established by the fee schedule and may be renewed one (1) time per calendar year upon application for an extension and payment of a renewal fee in the amount established by the fee schedule. No more than two (2) temporary parking permits and two (2) renewals of seven (7) days each may be issued for each residence per calendar year. If the need for a temporary parking permit results from driveway repairs being performed by or under the direction of a public utility company or a governmental entity, including without limitation the town or MUD 1, the permit fee imposed by this section shall be waived. Any motor vehicle parked as permitted by this section shall be parked in front of the residence for which the temporary permit has been issued in such a manner as not to obstruct access to the private driveways of neighboring residents. (e) Vehicles ineligible for permit. Parking permits issued to residences under this section shall not be allowed for use in semi-trailers, trailers, truck-tractors or motor vehicles with more than 3/4 ton carrying capacity. (2006 Code, ch. 10, sec. 2.05(E); Ordinance adopting Code. See end of this division for full history for this division.) Sec. 12.04.009 Parking for disabled persons (a) Posting of sign; width of spaces. The town, or any private property owner within the town, who voluntarily designates a parking space or area specifically for a person who is disabled by reason of mobility problems that substantially impair the person’s ability to ambulate or who is legally blind, must post a sign that conforms to the design established and approved by the state department of transportation and the space or spaces provided must conform to the width requirements set by the department. Town Council Page 852 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-35 (b) Parking privileges. Any vehicle displaying a symbol, label, or other device authorized by the state department of transportation and issued to the operator thereof for use in transporting a disabled person, when operated by or for the transportation of such disabled person, shall be allowed to park for unlimited periods in any parking space or parking area designated specifically for the physically handicapped. Such vehicle, being properly marked as provided by such statute, is exempt from the payment of fees or penalties imposed by any code of the town for parking at a meter or in a space with a limitation on the length of time for parking, unless the vehicle was not parked at the time by or for the transportation of a disabled person. This exemption does not apply to fees or penalties imposed by a branch of the United States government. This section does not permit parking a vehicle at a place or time that parking is prohibited. (c) Offenses; penalty. A person commits an offense if the person is neither temporarily or permanently disabled nor transporting a temporarily or permanently disabled person and parks a vehicle with such special device or displaying a temporarily disabled person identification card in any parking space or parking area designated specifically for the disabled. A person commits an offense if the person parks a vehicle neither displaying the special device nor displaying a temporarily disabled person identification card in a parking space or parking area designated specifically for the disabled. An offense under this section is punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). (2006 Code, ch. 10, sec. 2.05(G). See end of this division for full history for this division.) (Ordinance 2004-09, sec. VI, adopted 2/16/04; Ordinance 2005-26, sec. VI, adopted 10/3/05; Ordinance 2006-09, sec. VI, adopted 5/1/06; Ordinance 2006-23, sec. 2.01, adopted 7/24/06; Ordinance 2006-38, sec. II, adopted 9/18/06; 2006 Code, ch. 10, sec. 2.05; Ordinance 2011-39 adopted 11/14/11; Ordinance 2012-07 adopted 3/19/12; Ordinance 2013-04 adopted 2/4/13) State law reference–Privileged parking for disabled persons, V.T.C.A., Transportation Code, ch. 681. ARTICLE 12.05 COMMERCIAL VEHICLES Division 1. Generally Secs. 12.05.001–12.05.030 Reserved Division 2. Overweight Vehicles* Sec. 12.05.031 Compliance; permit for special loads (a) Compliance. Except as otherwise provided by law, no person may drive, operate, or move, nor may the owner cause or permit to be driven, operated or moved, on any street, any vehicle or vehicles of a weight exceeding the limitations stated in this division, or transport thereon any load or loads exceeding the weight prescribed in this division. * State law references–General provisions relating to vehicle size and weight, V.T.C.A., Transportation Code, ch. 621; municipal regulation of loads and equipment, V.T.C.A., Transportation Code, sec. 621.303. Town Council Page 853 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-36 (b) Permit; designation of route. (1) The town council may issue permits limited to periods of ten (10) days or less for the transportation over town streets of overweight commodities which cannot be reasonably dismantled or for the operation over the town streets of super-heavy equipment for the transportation of overweight commodities which cannot be reasonably dismantled. (2) A permit fee in the amount set forth in the fee schedule in appendix A of this code shall be charged for each vehicle transporting over town streets overweight commodities which cannot be reasonably dismantled or for the operation over town streets of super-heavy equipment for the transportation of overweight commodities which cannot be reasonably dismantled. The owner or operator of such vehicles may apply to the permit department for said permit. Each permit shall contain the name of the owner or operator of the vehicle, the weight which the vehicle is carrying, the vehicle identification number, and any other information deemed necessary by the town council. The town council shall designate the route within the town to be used by said vehicles operating over the town streets. (2006 Code, ch. 10, sec. 2.06(A). See end of this division for full history for this division.) Sec. 12.05.032 Weight limits (a) Except as otherwise provided by law, no commercial motor vehicle, truck-tractor, trailer or semi-trailer, nor combination of such vehicles, shall be operated over, on or upon town streets having a weight in excess of one or more of the following limitations: (1) No such vehicle nor combination of vehicles shall have a greater weight than twenty thousand (20,000) pounds carried on any one axle, including all enforcement tolerances; or with a tandem axle weight in excess of thirty-four thousand (34,000) pounds, including all enforcement tolerances; or with an overall gross weight on a group of two or more consecutive axles produced by application of the following formula: W = 500 (LN/(N - 1)) + 12 + 36 Where W = overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds, L = distance in feet between the extreme of any group of two or more consecutive axles, and N = number of axles in group under consideration, except that two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each providing the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six (36) feet or more; provided that such overall gross weight may not exceed eighty thousand (80,000) pounds, including all enforcement tolerances. (2) No such vehicle nor combination of vehicles shall have a greater weight than six hundred (600) pounds per inch width of tire upon any wheel concentrated upon the surface of the town street and using high-pressure tires, and a greater weight than six hundred and fifty (650) pounds per inch width of tire upon any wheel concentrated upon the surface of the highway and using low-pressure tires, and no wheel shall carry a load in excess of eight thousand (8,000) pounds on high-pressure tires and ten Town Council Page 854 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-37 thousand (10,000) pounds on low-pressure tires, nor any axle a load in excess of sixteen thousand (16,000) pounds on high-pressure tires and twenty thousand (20,000) pounds on low-pressure tires. (3) In this section, an axle load is defined as the total load transmitted to the road by all wheels whose centers may be included between two (2) parallel transverse vertical planes forty inches (40") apart, extending across the full width of the vehicle. Tandem axle group is defined as two (2) or more axles spaced forty inches (40") or more apart from center to center having at least one (1) common point of weight suspension. (b) No person shall load, or cause to be loaded, a vehicle for operation on the town streets with the intent to violate the weight limitations in subsection (a) of this section. Intent to violate those limitations is presumed if the loaded vehicle exceeds the applicable gross vehicular weight limit by fifteen percent (15%) or more. This subsection (b) does not apply to the loading or causing to be loaded of an agricultural or a forestry commodity prior to the processing of the commodity. (c) The load limits established by this section shall be posted by appropriate signs within the town by the chief of police or his designated representative prior to the enforcement of any of the provisions hereof. (2006 Code, ch. 10, sec. 2.06(B). See end of this division for full history for this division.) Sec. 12.05.033 Permit procedures (a) When any person, firm or corporation desires to operate over any town street any vehicle that cannot comply with one or more of the weight restrictions contained in this division, the permit department may, as an alternative to any other procedure authorized by law, upon application, issue a permit for the movement of such vehicle, when the permit department is of the opinion that the same may be moved without material damage to the street or road. (b) Upon application for a permit for any commercial motor vehicle, truck-tractor, trailer or semi-trailer, the applicant shall deliver to the permit department an affidavit, duly sworn to before an officer authorized to administer oaths, showing the weight of said vehicle, the maximum load to be transported thereon, and the total gross weight for which said vehicle is to be permitted, which affidavit shall be kept on file by the permit department. The permit issued to the applicant shall also show the total gross weight for which said vehicle is registered. A copy of said receipt shall be carried at all times on any such vehicle while the vehicle is upon the town streets. (c) The copy of the permit above required shall be admissible in evidence in any case in which the gross registered weight of such vehicle is an issue, and shall be prima facie evidence of the gross weight for which such vehicle is permitted. Such copy of the permit shall be displayed to any officer authorized to enforce this chapter, upon request by such officer. (d) The chief of police shall formulate rules and regulations regarding issuance of permits, including, but not limited to, the forms and procedures to be used in applying for same; whether a particular permit shall be for one trip only or for a period of time, and such other matters as the chief of police may deem necessary to carry out the provisions of this division. The failure of an owner or his representative to comply with any rule or regulation of the chief of police or any condition placed on his permit shall render the permit void and, immediately upon such violation, Town Council Page 855 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-38 any further movement over the town streets of the overweight vehicles shall be in violation of existing laws regulating the weight of vehicles on town streets. (e) The movement of such overweight vehicles is a privilege not accorded to every user of the town streets. Therefore, the fees for a special transportation permit should be sufficient to cover the administrative costs incurred in the processing and issuing of the permit and the additional wear on the town’s streets. It is also recognized that the use of such overweight vehicles on the town’s streets may inconvenience other vehicle operators. It is therefore declared to be the policy of the town council that in formulating such rules and regulations, and in establishing such fees, the town council shall consider and be guided by: (1) The town’s investment in its streets; (2) The safety and convenience of the general traveling public; (3) The suitability of roadways and subgrades on the streets, variation in soil grade and the seasonal effect on street load capacity. (2006 Code, ch. 10, sec. 2.06(C). See end of this division for full history for this division.) Sec. 12.05.034 Liability for damage The issuance of a permit for an overweight movement shall not be a guarantee by the town that the streets can safely accommodate such movement, and the owner of any vehicle involved in any overweight movement, whether with or without permit, shall be strictly liable for any damage such movement shall cause the streets or any of its structures or appurtenances. (2006 Code, ch. 10, sec. 2.06(D). See end of this division for full history for this division.) Sec. 12.05.035 Vehicles used to transport solid waste Vehicles used exclusively to transport solid waste (except hazardous waste), as defined in the Solid Waste Disposal Act, section 361.003, Tex. Health and Safety Code Ann. (Vernon 1998), may be operated upon the town streets with a tandem axle gross load not to exceed 44,000 pounds, a single axle gross load not to exceed 20,000 pounds and a gross load for the vehicle not to exceed 64,000 pounds; provided that, where the vehicle is to be operated with a tandem axle gross load in excess of 34,000 pounds, the owner, except if the owner is a municipality, of such vehicle shall first file with the state department of transportation a surety bond in the principal sum not to exceed $15,000.00 for each vehicle, which sum shall be set by the state department of transportation, said bond to be conditioned that the owner of such vehicle will pay to the town, within the limit of such bond, all damages done to the town streets by reason of the operation of such vehicle with a tandem axle gross load in excess of 34,000 pounds. (2006 Code, ch. 10, sec. 2.06(E). See end of this division for full history for this division.) Sec. 12.05.036 Vehicles transporting ready-mix concrete Vehicles used exclusively to transport ready-mixed concrete, which is hereby defined as a perishable product, may be operated upon the public streets of the town with a tandem axle load not to exceed 44,000 pounds, a single axle load not to exceed 20,000 pounds and a gross load not to exceed 64,000 pounds; provided that, where the vehicle is to be operated with a tandem axle load in excess of 34,000 pounds, the owner of such vehicle shall first file with the town a surety bond in the principal sum as fixed by the town, which sum shall not be set at a greater amount Town Council Page 856 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-39 than $15,000.00 for each vehicle, said bond to be conditioned that the owner of such vehicle will pay to the town, within the limit of such bond, all damages done to the town streets by reason of the operation of such vehicle with a tandem axle load in excess of 34,000 pounds; such bond shall be subject to the approval of the town council. (2006 Code, ch. 10, sec. 2.06(F). See end of this division for full history for this division.) Sec. 12.05.037 Weighing of vehicles by police officers; procedure when weight exceeds permitted weight (a) Any police officer having reason to believe that the gross weight or axle load of a loaded motor vehicle is unlawful is authorized to weigh the same by means of portable or stationary scales furnished or approved by the state department of public safety, or cause the same to be weighed by any public weigher, and to require that such vehicle be driven to the nearest available scales for the purpose of weighing. In the event the gross weight of such vehicle is found to exceed the maximum gross weight authorized by law, plus a tolerance allowance of five percent (5%) of the gross weight authorized by law, such police officer shall demand and require the operator or owner thereof to rearrange his cargo if possible to bring such vehicle and load within the maximum axle load authorized by law, and if this cannot be done by rearrangement of said cargo, then such portion of the load as may be necessary to decrease the axle load to the maximum authorized by law plus such tolerance allowance shall be unloaded before such vehicle may be operated further over the public roads of the town. Provided, however, that if such load consists of livestock, then such operator shall be permitted to proceed to the destination without being unloaded, provided the destination be within the state. (b) It is further provided that, in the event the gross weight of the vehicle exceeds the permitted gross weight, the police officer shall require the operator or owner thereof to apply to the permit department for a permit in an amount that will cause his gross permitted weight to be equal to the gross weight of the vehicle, provided such total permitted weight shall not exceed the legal gross weight allowed for such vehicle, before such operator or owner may proceed. Provided, however, that if such load consists of livestock or perishable merchandise, then such operator or owner shall be permitted to proceed with his vehicle to the nearest practical point in the direction of his destination where his load may be protected from damage or destruction in the event he is required to secure an additional permit before being allowed to proceed. It shall be conclusively presumed and deemed prima facie evidence that where an operator or owner is apprehended and found to be carrying a greater gross load than that for which he is permitted, he has been carrying similar loads from the date of purchase of such permit. (c) It is further provided that all forms and accounting procedures necessary to carry out the provisions of this division shall be prescribed by the town council. (2006 Code, ch. 10, sec. 2.06(G). See end of this division for full history for this division.) (Ordinance 2004-09, sec. VII, adopted 2/16/04; Ordinance 2005-26, sec. VII, adopted 10/3/05; 2006 Code, ch. 10, sec. 2.06) Town Council Page 857 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-40 ARTICLE 12.06 MOTOR-ASSISTED SCOOTERS, MINI-MOTORBIKES AND POCKET BIKES* Sec. 12.06.001 Definitions When used in this article, the following words and phrases shall have the respective meanings ascribed to them: Child. Any individual under eighteen (18) years of age. Daytime hours. The time period beginning one-half hour before sunrise and ending one-half hour after sunset. Helmet. Properly fitted protective headgear that is not structurally damaged and that conforms to the standards of the American National Standards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation or any federal agency having regulatory jurisdiction over bicycle helmets, as applicable, at the time of the manufacture of the helmet. Motor-assisted scooter. The same meaning assigned by Texas Transportation Code section 551.301(2) [551.351(1)], as it exists or may be amended, and includes self-propelled device with at least two (2) wheels in contact with the ground during operation; a braking system capable of stopping the device under typical operating conditions; a gas or electric motor forty (40) cubic centimeters or less; a deck designed to allow a person to stand or sit while operating the device; and the ability to be propelled by human power alone. Parent. The natural or adoptive parent or court-appointed guardian or conservator of a child. Pocket bike or mini-motorbike. Shall have the same meaning assigned by the Texas Transportation Code section 551.301, as it exists or may be amended, and includes a self- propelled vehicle that is equipped with an electric motor scooter or internal combustion engine having a piston displacement of less than 50 cubic centimeters, is designed to propel itself with not more than two (2) wheels in contact with the ground, has a seat or saddle for the use of the operator, is not designed for use on a highway, and is ineligible for a certificate of title under chapter 501 of the Texas Transportation Code, as it exists or may be amended; but does not include a moped, motorcycle, electric bicycle, motor-driven cycle, motorized mobility device, electric personal assistive mobility device or a neighborhood electric vehicle as those are defined in the Texas Transportation Code, as it exists or may be amended. Public way or public property. Real property owned, leased or controlled by a political subdivision of the state, a governmental entity or agency, or similar entity, or any property that is publicly owned or maintained or dedicated to public use, including, but not limited to, a path, trail, sidewalk, alley, street or highway, and a public park facility. * State law reference–Neighborhood electric vehicles and motor-assisted scooters, V.T.C.A., Transportation Code, sec. 551.301 et seq. Town Council Page 858 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-41 Wearing a helmet. That the person has a helmet fastened securely to his/her head with the straps of the helmet securely tightened in the manner intended by the manufacturer to provide maximum protection. (Ordinance 2004-17, sec. II, adopted 6/21/04; Ordinance 2005-28, sec. 2, adopted 12/5/05; 2006 Code, ch. 10, sec. 11.01) Sec. 12.06.002 Penalty It shall be unlawful for any person to violate any provision of this article, and any person violating or failing to comply with any provision of this article shall be fined, upon conviction, not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. (Ordinance 2004-17, sec. IV, adopted 6/21/04; Ordinance 2005-28, sec. 4, adopted 12/5/05; 2006 Code, ch. 10, sec. 11.03) Sec. 12.06.003 Operation (a) Locations of use. (1) A motor-assisted scooter shall only be operated on public streets and highways during daytime hours as defined herein. (2) A motor-assisted scooter shall only be operated on paths and trails located within a public park or paths and trails designated as part of a public pathway system. (3) It shall be unlawful for any person to operate or ride a motor-assisted scooter on any path, trail, alley, street or highway within the town, except in accordance with the provisions of this article. (4) It shall be unlawful for a parent or guardian to allow or permit a child or ward to operate or ride a motor-assisted scooter on any path, trail, alley, street or highway within the town, in violation of any provision of this article. (5) It shall be unlawful for a parent to knowingly allow a child to operate or ride a motor- assisted scooter in a restricted or prohibited area. (6) It shall be unlawful for any child, licensed minor or adult to operate or ride a mini- motorbike or a pocket bike on any public way or public property within the town. (7) It shall be unlawful for a parent to allow or permit a child or licensed minor to operate or ride a mini-motorbike or a pocket bike on any public way or public property within the town. (8) There is a presumption that a parent allowed a child or licensed minor to operate or ride a motor-assisted scooter, a mini-motorbike or a pocket bike in a restricted or prohibited area. Town Council Page 859 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-42 (b) Helmets required. The following criteria shall apply to operators of motor-assisted scooters: (1) It shall be unlawful for any child to operate or ride a motor-assisted scooter, a mini- motorbike or a pocket bike unless the child is wearing a helmet. (2) It shall be unlawful for a parent to knowingly allow or permit a child to operate a mini-motorbike, a pocket bike or ride a motor-assisted scooter unless the child is wearing a helmet. (3) It is a defense to prosecution that the motor-assisted scooter, mini-motorbike, or pocket bike was not being operated upon public property or a public way at the time of the alleged offense. (Ordinance 2004-17, sec. III, adopted 6/21/04; Ordinance 2005-28, sec. 3, adopted 12/5/05; 2006 Code, ch. 10, sec. 11.02) ARTICLE 12.07 MOTORIZED CARTS Sec. 12.07.001 Applicability/exemptions (a) Applicability. (1) Motorized carts. Except as expressly provided herein, the provisions of this article shall apply to all motorized carts operated upon a street or other specifically designated area within the town. (2) ATV and similar vehicles. Nothing in this article permits the operation of those motorized conveyances commonly referred to as ATVs, four-wheelers, mules, gators, go-carts, and any similar gas powered conveyance on a public roadway within the town, except when utilized by authorized town personnel for town business. (3) Low speed vehicle and neighborhood electric vehicles. Low speed vehicles (LSV’s) and neighborhood electric vehicles (NEV’s) are authorized by the Transportation Code to be registered as a motor vehicle. If operated on the streets of the town, LSV’s and NEV’s shall be required to meet all state and federal safety standards and be registered as motor vehicles in accordance with the Texas Transportation Code. A town permit is not required for these vehicles. (b) Exemptions. The following use or operation of a motorized cart shall be exempt from the regulations of this article: (1) Golf course. The operation of either a privately owned motorized cart or a motorized cart owned or leased by a golf course or other third party when the cart is used only on the golf course or used only to cross a roadway from one section of a golf course to another section of the same course; Town Council Page 860 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-43 (2) Gated or private planned community. The operation of a motorized cart within a gated, private, or limited access community with private streets, a uniform set of restrictive covenants, and a town-approved plat, unless traffic enforcement has been requested by the homeowners living within the community and the town council has approved their request; (3) Official town business. A motorized cart is used or operated by personnel for the town on official police business or for official business of the town on property owned by or leased to the town; (4) Transportation to/from golf course - daytime only. The operation of a motorized cart upon a public street with a posted speed limit of not more than thirty-five (35) miles per hour if the golf cart complies with all requirements of the Texas Transportation Code, as amended, for the operation of a cart, is operated during the daytime only and not more than two (2) miles from the location where the golf cart is usually parked and for transportation to or from a golf course; or (5) Parade, festival or special event. The operation of a motorized cart when the cart is used in connection with a parade, festival or other town authorized or sponsored special event, the written consent of the sponsor is obtained, and the cart is only used as part of such parade, festival or special event. Further, a motorized cart used in connection with such parade, festival, or special event shall comply with all requirements set forth in the town issued special event permit for the parade, festival, or other special event. (Ordinance 2013-11 adopted 4/22/13) Sec. 12.07.002 Definitions The following words, terms, and phrases, when used in this article, shall have the meanings provided below, except where the context clearly indicates a different meaning. Cart operation sticker or sticker. A decal issued by the town to the owner of a motorized cart authorizing the operation of the cart upon street(s) of the town as authorized in this article. Daytime operation. Operation of a cart during the period beginning one-half hour before sunrise and ending one-half hour after sunset. Driver. A person driving and having physical control over a vehicle, including but not limited to a motorized cart. Driver’s license. An authorization issued by a state for the operation of a motor vehicle, including but not limited to a temporary license, provisional license, instructional permit, and an occupational license. Low speed vehicle (LSV). A motor vehicle that is four (4) wheeled and has an attainable top speed of more than twenty (20) miles per hour and not more than twenty-five (25) miles per hour on a paved level surface, which is manufactured or retrofitted in compliance with those federal motor vehicle safety standards for low-speed vehicles, and has a weight of less than 3,000 pounds. Town Council Page 861 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-44 Motorized cart or cart. Those electric or gasoline powered carts, commonly referred to as golf carts, but which must have a minimum of four (4) wheels and which have an attainable top speed of less than twenty (20) miles per hour on a paved level surface. Specifically excluded from this definition are those motorized conveyances commonly referred to as low speed vehicles (LSV’s), neighborhood electric vehicles (NEV’s), ATVs, four-wheelers, mules, gators, and go-carts. Nighttime. The period beginning one-half hour after sunset and ending one-half hour before sunrise. Owner. A person who holds title to or who leases a motorized cart for his own personal use or for the use of a third party, whether for private or for commercial retail purposes. Parking area. Those areas accessible to the public by motor vehicular traffic and which are designated for temporary parking of motor vehicles, usually in place referred to as parking lots. Permit holder. The person to whom a motorized cart permit has been issued. Permit or motorized cart permit. A certificate/decal displaying the month and year of its expiration, issued by the town, and authorizing the use of such cart upon the streets of the town for either daytime operation or twenty-four (24) hour operation. Person. An individual, corporation, partnership, joint venture, or any other business entity. Sidewalk. The portion of a street that is between a curb or lateral line of a roadway and the adjacent property line and intended for pedestrian use. Slow-moving-vehicle-emblem. A triangular emblem that conforms to standards and specifications and displayed in accordance with chapter 547 of the Texas Transportation Code, as amended. Street(s). The public roadways of the town and the private roadways for which the Texas Transportation Code has been applied by council action regardless of its designation as a road, alley, avenue, highway, route, boulevard, etc. that: (1) Has a posted speed limit of thirty-five (35) miles per hour or less; (2) Provides for no more than two (2) lanes of vehicular traffic per direction; or (3) Is not designated as part of either the state or federal highway system. Twenty-four (24) hour operation. Operation of a cart during both daytime and nighttime. Traffic way. Any land way open to the public as a matter of right or custom for moving persons or property from one place to another. The traffic way includes all property, both improved and unimproved, between the property lines of a roadway system. Business days. Monday through Friday, 8:00 a.m.–5:00 p.m. excluding town-observed holidays. (Ordinance 2013-11 adopted 4/22/13) Town Council Page 862 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-45 Sec. 12.07.003 Operational regulations (a) Operation of cart/compliance with traffic laws. A driver may operate a motorized cart for which a valid motorized cart permit has been issued during the hours authorized by the permit issued for his/her cart under section 12.07.005 of this article. Except as provided herein, while operating a motorized cart upon street(s) of the town a driver shall comply with all laws applicable to carts and other motor vehicles as set forth in this article, the Texas Transportation Code, as amended, and other state laws. A driver shall be subject to citation for all violations of this article, the Texas Transportation Code, and other applicable state law. (b) Driver’s license required. A driver of a motorized cart shall be at least sixteen (16) years of age, hold a valid Texas driver’s license and shall abide by all state and local traffic regulations applicable to vehicular traffic when operating a motorized cart upon the streets and parking areas of the town. (c) Sidewalk or pedestrian way. A driver shall not operate a motorized cart on any sidewalk, pedestrian walkway, jogging path, park trail or any location normally used for pedestrian traffic, unless such operation is by police or other authorized town personnel acting in an official capacity and performing an official duty. (d) Crossing intersections. A driver shall not operate a motorized cart upon any portion of a street or traffic way having a posted speed greater than thirty-five (35) miles per hour; provided however, that a person may cross an intersection, including a road or street that has a posted speed limit of more than thirty-five (35) miles per hour as authorized by the Texas Transportation Code, as amended. A driver of a motorized cart may cross a multi-lane or a federal, county or state route only at an intersection controlled by an official traffic-control device which stops traffic from all directions. (e) Lane usage. A motorized cart is entitled to full use of a lane on the authorized streets and parking areas of the town and no motor vehicle shall be driven in such a manner as to deprive any motorized cart of the full use of a lane. A driver shall not operate a motorized cart between lanes of traffic or between adjacent lines or rows of vehicles. (f) Passing. A driver of a motorized cart shall not overtake and pass in the same lane occupied by the vehicle being overtaken. While being overtaken and passed, the driver of a motorized cart may utilize the calming lanes found on Trophy Club Drive, Indian Creek Drive, and Trophy Wood Drive. (g) Maximum number of occupants. The number of occupants in a motorized cart shall be limited to the number of persons for whom seating capacity is provided on the vehicle. The operator and all occupants shall be seated upon the seat of the vehicle and no part of the body of the operator or occupant shall extend outside the perimeter of the vehicle while the vehicle is being operated except while signaling turns or stops. A driver shall not permit any occupant of a cart to ride in the lap of any occupant or stand on the rear of the vehicle while the vehicle is in motion. (h) Parking. A driver of a motorized cart may park a cart only in the same manner and at the same places designated for the parking of motor vehicles. The stopping, standing or parking of motorized carts in an area where parking is not allowed or in any place or manner that impedes the flow of traffic, pedestrian walkways or a passageway is prohibited. A driver shall not park a motorized cart within a space designated for disabled persons unless a current disabled parking Town Council Page 863 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-46 placard is displayed on the cart and the person to whom the placard was issued is operating or being transported in the motorized cart. Notwithstanding the foregoing, a property owner may designate an area outside of a parking area specifically for the use of motorized carts, provided that the area is marked with appropriate signage and that the parking of a cart in that area does not obstruct a fire lane, ingress or egress to a building, and does not interfere with the flow of vehicular traffic in a parking area. (i) Towing prohibited. Except as expressly allowed in this article, motorized carts shall not be used for the purpose of towing another cart, trailer, vehicle of any kind or a person, including without limitation a person on roller skates, skateboard, bicycle, or other wheeled device. A person employed by a golf course may tow a cart for the purpose of relocating the cart from one portion of a golf course to another portion of the same golf course and may cross a roadway while doing so. (Ordinance 2013-11 adopted 4/22/13) Sec. 12.07.004 Equipment (a) General. It shall be unlawful for a person to operate a motorized cart on the streets of the town if a permit has not been issued for the cart, if the motorized cart does not meet all minimum equipment standards, if required liability insurance for the cart is not maintained, or if a person fails to comply with any other requirement of this article. (b) Required equipment. (1) Daytime operation. Except as expressly exempted from this article, each motorized cart permitted for daytime operation and operated upon a street(s) within the town shall be required to meet the minimum equipment standards specified in this article. A daytime operation permit shall not be issued for a motorized cart that does not meet the following minimum equipment standards: (A) Operational headlamps (2 required); (B) Operational tail lamps (2 required); (C) Side reflectors (2 front: amber in color and 2 rear: red in color); (D) Stop lamps (2 required); (E) Operational parking brake; (F) An exterior mirror mounted on the driver’s side of the vehicle and either an exterior mirror mounted on the passenger’s side of the vehicle or an interior mirror (capable of a clear unobstructed view of at least two hundred (200) feet to the rear); (G) Slow-moving-vehicle-emblem on the rear; (H) Horn (audible for a distance of two hundred (200) feet in compliance with Texas Transportation Code, section 547.501, as amended); and Town Council Page 864 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-47 (I) A windshield. All required equipment for a motorized cart shall meet state and federal motor vehicle safety standards. (2) Twenty-four (24) hour operation. Except as expressly exempted from this article, each motorized cart permitted for twenty-four (24) hour operation upon a street(s) within the town shall be required to meet the minimum equipment standards specified in this article. A twenty-four (24) hour operation permit shall not be issued for a motorized cart that does not meet the following minimum equipment standards: (A) Operational headlamps (2 required); (B) Operational tail lamps (2 required); (C) Side reflectors (2 front: amber in color and 2 rear: red in color); (D) Stop lamps (2 required); (E) Front and rear turn signal lamps; (F) Operational parking brake; (G) An exterior mirror mounted on the driver’s side of the vehicle and either an exterior mirror mounted on the passenger’s side of the vehicle or an interior mirror (capable of a clear unobstructed view of at least two hundred (200) feet to the rear); (H) Slow-moving-vehicle-emblem on the rear; (I) Horn (audible for a distance of two hundred (200) feet in compliance with Texas Transportation Code, section 547.501, as amended); and (J) A windshield. (c) Exhaust system for gasoline powered motorized carts. In addition to the above-listed equipment, every motorized cart powered by gasoline shall at all times be equipped with an exhaust system in good working order, in constant operation and meeting the following specifications: (1) The exhaust system shall include the piping leading from the flange of the exhaust manifold to and including the muffler and exhaust pipes or including any and all parts specified by the manufacturer. (2) The exhaust system and its elements shall be securely fastened with brackets or hangers, which are designed for the particular purpose of fastening motorized cart exhaust systems. (d) Atmospheric emissions. It shall be unlawful for the owner of any motorized cart to operate or permit the operation of such cart without a properly installed device controlling or abating atmospheric emissions. It shall be unlawful for a cart owner, cart manufacturer or any other third Town Council Page 865 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-48 party to render such emissions device unserviceable by removal, alteration or by any other action which interferes with its operation. (Ordinance 2013-11 adopted 4/22/13) Sec. 12.07.005 Permits and cart operation stickers (a) Permit required/cart operation sticker. (1) Daytime operation permit. A person shall not operate, cause to be operated, or allow the operation of a motorized cart on a street in the daytime hours unless a valid permit has been issued for that motorized cart; provided however, that a permit shall not be required for operation of a motorized cart that is expressly exempted from this article under section 12.07.001(b). Upon town approval of a completed permit application for a daytime operation permit and compliance with all requirements of this article, a daytime cart operation sticker shall be issued to the owner of a motorized cart. It shall be a violation for a person to place a cart operation sticker upon any motorized cart other than the one for which the sticker was issued. (2) Twenty-four (24) hour operation permit. A person shall not operate, cause to be operated, or allow the operation of a motorized cart on a street unless a valid permit has been issued for that motorized cart; provided however, that a permit shall not be required for operation of a motorized cart that is expressly exempted from this article under section 12.07.001(b). Upon town approval of a completed permit application and compliance with all requirements of this article, a cart operation sticker shall be issued to the owner of a motorized cart. It shall be a violation for a person to place a cart operation sticker upon any motorized cart other than the one for which the sticker was issued. (b) Location of cart operation sticker/damaged, lost, or stolen sticker. A cart operation sticker shall be permanently affixed to the left side of the motorized cart to which it was issued, in such a manner that it is clearly visible from fifty (50) feet. The sticker shall not be damaged, altered, obstructed, or otherwise made illegible. It shall be a violation for a person to operate a motorized cart upon a street without having the sticker required for the use of the cart properly displayed as required by this article. If a sticker is damaged, lost, or stolen, the owner may obtain a replacement sticker upon compliance with procedural requirements adopted by the town and payment of applicable fees. (c) Permit application. An application for a permit under this article shall be made by a person who owns or leases a cart for use upon the streets or who leases a cart to third parties for use upon the streets. An application shall be filed with the town police department in a form determined appropriate by the town police department. The application form shall contain information as determined appropriate and necessary by the town to ensure compliance with this article. (d) Inspection required. As part of the permit application process, each motorized cart shall be inspected by a person(s) and at a location(s) designated by the chief of police to determine compliance with the requirements of this article. If a cart fails inspection because it fails to meet one or more of the requirements of this article, the person inspecting the cart shall provide an owner with written notice of the deficiency or deficiencies. A permit shall not be issued unless a cart passes inspection and meets all requirements of this article. Town Council Page 866 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles 12-49 (e) Financial responsibility. At the time of cart inspection, an applicant shall provide proof of financial responsibility (liability insurance) meeting the minimum state requirements for liability insurance for motor vehicles. A permit shall not be issued unless valid proof of financial responsibility is provided to the town. It shall be a violation for a person to operate a motorized cart on a street without current valid financial responsibility meeting the minimum state requirements for motor vehicles. (f) Fee: permits and stickers shall be valid for a period of two (2) years from the date of issuance. The fees established in the fee schedule in appendix A to this code shall be paid by an applicant at the time of application for permit or for replacement sticker. (g) Changes in ownership, storage address, or speed range. A permit holder shall notify the town police department in writing within ten (10) business days if the ownership of a motorized cart with a current valid permit is transferred out of the name of the permit holder, if the storage address listed on the permit application is changed, or if a motorized cart has been retrofitted to have a top speed exceeding the maximum limits allowed for a motorized cart under this article. The information shall be submitted on a form designated by the chief of police. (h) Revocation. A permit may be revoked if a permit holder or driver is convicted of three (3) violations of this article or of state law within an eighteen (18) month period. For purposes of revocation, participation in a deferred disposition program shall be counted as a conviction. The chief of police is authorized to make a determination whether revocation under this section is authorized. A permit holder or driver may appeal the determination of the chief of police to the town manager, whose decision shall be final. (Ordinance 2013-11 adopted 4/22/13; Ordinance adopting Code) Town Council Page 867 of 1236 Meeting Date: February 9, 2016 Town Council Page 868 of 1236 Meeting Date: February 9, 2016 13-1 CHAPTER 13 UTILITIES ARTICLE 13.01 GENERAL PROVISIONS.............................................................................13-7 Sec. 13.01.001 Septic tanks, cesspools and privies......................................................13-7 ARTICLE 13.02 SOLID WASTE..............................................................................................13-7 Division 1. Generally...............................................................................................................13-7 Sec. 13.02.001 Definitions...........................................................................................13-7 Sec. 13.02.002 Duties of residential customers...........................................................13-9 Sec. 13.02.003 Residential collection of brush..........................................................13-10 Sec. 13.02.004 Residential collection schedule; charges for services; late fee..........13-10 Sec. 13.02.005 Disposal of residential hazardous waste materials............................13-10 Sec. 13.02.006 Removal of debris from construction, cleanup of property, etc........13-11 Sec. 13.02.007 Duties of nonresidential customers....................................................13-11 Sec. 13.02.008 Collection from nonresidential customers; containers for multifamily residential complexes..................................................13-11 Sec. 13.02.009 Prohibited acts and conditions...........................................................13-11 Division 2. Scavenging Refuse..............................................................................................13-12 Sec. 13.02.041 Definitions.........................................................................................13-12 Sec. 13.02.042 Penalty...............................................................................................13-12 Sec. 13.02.043 Prohibition.........................................................................................13-12 Sec. 13.02.044 Exceptions.........................................................................................13-13 ARTICLE 13.03 STORMWATER DRAINAGE UTILITY....................................................13-13 Division 1. Generally.............................................................................................................13-13 Sec. 13.03.001 Definitions.........................................................................................13-13 Sec. 13.03.002 Penalty...............................................................................................13-14 Sec. 13.03.003 Findings; system established; adoption of state law..........................13-14 Sec. 13.03.004 Designation of program responsibility..............................................13-15 Sec. 13.03.005 Exemptions........................................................................................13-15 Division 2. Fees.....................................................................................................................13-15 Sec. 13.03.031 Definitions.........................................................................................13-15 Sec. 13.03.032 Findings and determinations..............................................................13-17 Sec. 13.03.033 Fee schedule......................................................................................13-17 Sec. 13.03.034 Billing, payment and penalties..........................................................13-18 Sec. 13.03.035 Adjustment of fees.............................................................................13-18 Sec. 13.03.036 Stormwater drainage utility fund.......................................................13-20 Sec. 13.03.037 Exemptions........................................................................................13-20 ARTICLE 13.04 MANAGEMENT OF PUBLIC RIGHT-OF-WAY USED BY UTILITY PROVIDERS........................................................................................................13-21 Sec. 13.04.001 Definitions.........................................................................................13-21 Sec. 13.04.002 Penalty...............................................................................................13-22 Sec. 13.04.003 Provider registration; permit for placement of facilities....................13-22 Sec. 13.04.004 Use of right-of-way...........................................................................13-28 Sec. 13.04.005 Construction, maintenance and repair of facilities............................13-31 Town Council Page 869 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-2 Sec. 13.04.006 Tree trimming; landscaping and erosion control...............................13-33 Sec. 13.04.007 Attachments to space in ducts...........................................................13-34 Sec. 13.04.008 Temporary removal of aerial wires...................................................13-34 Sec. 13.04.009 Restoration of site..............................................................................13-34 Sec. 13.04.010 Warning devices; emergency contact................................................13-36 Sec. 13.04.011 Responsibilities of provider...............................................................13-36 Sec. 13.04.012 Insurance...........................................................................................13-37 Sec. 13.04.013 Governing law...................................................................................13-39 Sec. 13.04.014 Indemnification of town....................................................................13-39 Sec. 13.04.015 Surety bond........................................................................................13-39 Sec. 13.04.016 Director’s authority; enforcement; offenses......................................13-40 Sec. 13.04.017 Venue.................................................................................................13-41 Sec. 13.04.018 Service of notices to town.................................................................13-42 [Next page is 13-7.] Town Council Page 870 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-7 ARTICLE 13.01 GENERAL PROVISIONS* Sec. 13.01.001 Septic tanks, cesspools and privies (a) Prohibited; exception. It shall be unlawful for any person to build, construct, dig, install, maintain or use any dry toilet, surface privy, cesspool or septic tank within the town; provided, however, when connection to the town’s sanitary sewer system is impossible or impractical at any time, the construction, maintenance and use of a septic tank constructed in conformity to state, county and local law and approved by the building inspector may be permitted until such time as connection to the sewer system may be made. (b) Existing septic tanks. This section shall not apply to those septic tanks which are in place at the time of the passage of this section, provided that they presently meet and maintain and continue to meet and maintain all the provisions as provided by state law. (c) Penalty. Any person, firm, corporation or association who shall fail to comply with the provisions as set forth in this section shall be subject to a fine, upon conviction in the municipal court, not to exceed two thousand dollars ($2,000.00), and each and every day that the premises shall remain in such condition in violation of the terms of this section shall constitute a separate offense, subject to application of the full penalty contained herein. (Ordinance 85-19, secs. I, II, adopted 6/24/85; Ordinance 98-28, sec. 7, adopted 10/20/98; 2006 Code, ch. 11, secs. 7.01–7.03) State law reference–On-site sewage disposal systems, V.T.C.A., Health and Safety Code, ch. 366. ARTICLE 13.02 SOLID WASTE† Division 1. Generally Sec. 13.02.001 Definitions Brush. Tree and shrub trimmings and limbs, etc., which exceed four (4) feet in length and cannot be easily placed in refuse containers or loaded readily into regular refuse compaction equipment. Bulky waste. Stoves, refrigerators, water tanks, washing machines, furniture, appliances and other waste materials with weights and volumes greater than those allowed for containers, but specifically excluding: (1) Loose construction debris, carrion, hazardous waste, medical waste or stable matter; * Charter references–Franchises and public utilities, article X; sales of electricity, water and sewer service, section 10.10. State law references–Municipal utilities generally, V.T.C.A., Local Government Code, ch. 552; miscellaneous powers and duties of utilities, V.T.C.A., Utilities Code, ch. 181; municipal utility districts, V.T.C.A., Water Code, ch. 54. † State law references–Municipal solid waste, V.T.C.A., Health and Safety Code, ch. 363; Solid Waste Disposal Act, V.T.C.A., Health and Safety Code, ch. 361. Town Council Page 871 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-8 (2) Any refrigerators, freezers, air conditioners, or other appliances that do not contain written or visual evidence that the chlorofluorocarbons (CFCs) have been removed therefrom by a certified, authorized, and licensed technician; and (3) Any other objects or items that the contractor is precluded by federal, state, or local law or regulation from collecting or disposing in a municipal sanitary landfill. Carrion. The dead and putrefying flesh or carcass of any animal, fowl or fish. Commercial container. Metal containers supplied by the town’s approved franchise vendor affording adequate capacity to service a customer so as to prevent spillage and unsightly and unsanitary conditions. Construction debris. Dirt, concrete, rocks, bricks or other waste building materials. Curbside service. The pickup of garbage, trash, brush, bulky wastes, rubbish, debris, and recyclable materials by the town’s approved franchise vendor at a resident’s street address. Garbage. Household waste, animal, or vegetable matter, as from a kitchen or food processing facility; ashes or any other material which is damp or capable of emitting noxious odors. Hazardous waste. Any liquid or solid material, oil, sludge, and any radioactive, pathological, toxic, acidic, or volatile materials, or any chemical, compound, mixture, substance, or article which is designated by the United States Environmental Protection Agency or appropriate agency of the state to be “hazardous,” “toxic” or a “contaminant” or “pollutant,” as such terms are defined by or pursuant to federal or state law or regulation. Pickup day. A day(s) scheduled by the town for pickup of refuse and recycling materials. If a pickup day falls on a holiday, there will not be refuse or recycling service and a make-up day will not be substituted. Recyclable materials. The following items are allowed in recycling containers: (1) Plastic bottles numbered 1, 2, 3, 4, 5, 7 and plastic bottles composed of HDPE (high density polyethylene) and PET (polyethylene terephthalate) bottles. (2) Clear, green, and brown unbroken glass bottles and jars (excluding mirrors, windows, ceramics, or other glass products). (3) Aluminum, tin and steel metal cans used for beverages, food, beer, and soft drinks (excluding scrap metal, aerosol cans, foil, and utensils). (4) Telephone directories, newspapers, catalogs, and magazines. (5) Junk mail, cardboard and mixed household paper. As recycling markets open up to additional recyclable materials, this list may be expanded based on mutual agreement of the town and the contractor. Recycling container. An 18-gallon container for use by residential customers for curbside recyclable materials collection issued by the town’s approved franchise vendor. Town Council Page 872 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-9 Refuse. All garbage, trash, rubbish, brush, and debris. Refuse container. Any plastic bag, cardboard, metal or wooden box having no outside dimension of more than four (4) feet or any portable, closed, waterproof, plastic container with a capacity or volume of fifty (50) gallons or less; which is capable of containing refuse without leaking or emitting odors, that does not allow items to be scattered, and which weighs, when loaded, less than fifty (50) pounds per container and which is placed at curbside for removal. All refuse placed within plastic containers shall first be placed in a plastic bag, cardboard, metal, or wood box. Rubbish. All residentially generated waste wood, wood products, grass cuttings, dead plants, weeds, leaves, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, white goods, pulp, and other products such as are used for packaging or wrapping, crockery, glass, ashes, cinders, floor sweepings, mineral or metallic substances and any and all other waste materials not included in the definition of bulky waste, construction debris, garbage, refuse, or hazardous waste. Trash. All refuse other than garbage, debris, brush, household furniture and appliances, including but not limited to grass clippings, leaves, paper, and other household trash not included in the definitions of bulky waste, debris, garbage, refuse, rubbish or hazardous waste. (Ordinance 92-11, sec. II, adopted 5/19/92; Ordinance 2002-12, sec. II, adopted 3/4/02; 2006 Code, ch. 11, sec. 1.01; Ordinance 2012-17, secs. 2.01, 2.02, adopted 9/4/12) Sec. 13.02.002 Duties of residential customers It shall be the duty of each residential customer to place refuse and recyclable materials as follows: (1) Each residential customer shall place all refuse (in the case of brush, if the size allows) and recyclable materials in appropriate refuse or recycling containers sufficient in number so that the refuse/recyclable materials shall not become or constitute a public nuisance. (2) Refuse or recyclable materials shall not be placed at curbside prior to 7:00 p.m. on the day before a pickup day. (3) Recycling containers and/or other refuse containers must be removed from curbside no later than 7:00 a.m. following a pickup day. (4) All disabled residents shall be entitled to receive special pickup assistance; in order to receive assistance, such resident shall notify the town’s approved franchise vendor of his/her need. (5) Refuse and all items included for residential collection shall be placed at curbside at the resident’s street address in refuse containers and shall be placed and maintained in such a manner as to prevent refuse from being scattered. Refuse placed inside of an allowed cardboard, metal or wooden box, or plastic container shall be bagged in a plastic bag, and no loose trash shall be placed in a cardboard, metal or wooden box, or a plastic container. Town Council Page 873 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-10 (6) Every resident shall notify the approved franchise vendor for the collection of bulky waste, if such collection is needed. A fee may be assessed in accordance with the fee schedule of the approved franchise vendor. (7) No residential customer shall place for collection or disposal, or permit to be placed for collection or disposal, any hazardous waste. (8) Every residential customer is hereby required to monitor pickup of their own refuse and recyclable materials. If, after having timely placed containers for collection, such containers are not emptied and the contents removed as may be applicable within twenty-four (24) hours of scheduled collection, the resident shall notify the town’s approved franchise vendor and report the non-collection at their address. (Ordinance 2002-12, sec. III, adopted 3/4/02; 2006 Code, ch. 11, sec. 1.02; Ordinance 2012-17, sec. 2.03, adopted 9/4/12) Sec. 13.02.003 Residential collection of brush Brush that is of such a nature that it cannot be placed in refuse container shall be cut in lengths not to exceed four (4) feet and shall be trimmed, stacked, tied and placed at curbside to a height of not more than three (3) feet and a weight not to exceed fifty (50) pounds per bundle. All brush that is of such nature that it may be placed in a refuse container, including without limitation all vines and thorny bushes, shall be placed in a plastic bag prior to placement in a refuse container, and no loose brush shall be placed in a cardboard, metal or wooden box, or plastic container. A resident may receive a special pick-up upon request made through the town’s approved franchise vendor. A fee based upon quantity and volume may be assessed in accordance with the approved vendor’s fee schedule in effect at the time. (Ordinance 2002-12, sec. IV, adopted 3/4/02; 2006 Code, ch. 11, sec. 1.03; Ordinance 2012-17, sec. 2.04, adopted 9/4/12) Sec. 13.02.004 Residential collection schedule; charges for services; late fee The collection and removal of refuse from premises used for residential purposes shall be made two (2) times each week, with a two- or three-day interval between each collection. Recyclable materials will be picked up one (1) time each week, on the designated day given by town’s approved franchise vendor. The charges for such services shall be assessed as specified in the town’s contract with the approved franchise vendor. Such charges are subject to increase or decrease from time to time based upon the then-current terms of the agreement between the town and the approved franchise vendor. All charges for services furnished or rendered pursuant to this article shall be due and payable on the date indicated on the bill, and if not paid by the due date a ten percent (10%) late fee will be added to the current amount and the total amount shall immediately become due and owing. (Ordinance 2002-12, sec. V, adopted 3/4/02; 2006 Code, ch. 11, sec. 1.04) Sec. 13.02.005 Disposal of residential hazardous waste materials Residents with proper identification and proof of residency will have the ability to dispose of hazardous waste materials semi-annually at a mobile collection unit located within the town or weekly at the City of Ft. Worth’s environmental collection center in accordance with the recycling program and the hazardous material recycling contract approved by the town. If the Town Council Page 874 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-11 council fails to approve a budget for the collection of hazardous waste, the program shall be discontinued. (Ordinance 2002-12, sec. VI, adopted 3/4/02; 2006 Code, ch. 11, sec. 1.05) Sec. 13.02.006 Removal of debris from construction, cleanup of property, etc. Construction debris, as that term is defined herein, or other refuse resulting from preparation for construction, construction, major remodeling, or general cleanup of property, or sizeable amounts of refuse due to construction, construction preparation, remodel, or general cleanup of property, will not be removed by the town as regular service. The property owner shall have such construction debris removed at his/her expense. A property owner may request a pick-up from the town’s approved franchise vendor for the removal of construction debris. A fee for such service may be assessed in accordance with the approved vendor’s fee schedule in effect at the time. (Ordinance 2002-12, sec. VII, adopted 3/4/02; 2006 Code, ch. 11, sec. 1.06; Ordinance 2012-17, sec. 2.05, adopted 9/4/12) Sec. 13.02.007 Duties of nonresidential customers It shall be the duty of the owner or person otherwise in charge of commercial, institutional or industrial premises within the town to cause all refuse accumulated on such premises to be placed in a commercial container(s). Commercial containers must be placed at a location on the premises as designated by the town and in compliance with all applicable town codes. (Ordinance 2002-12, sec. VIII, adopted 3/4/02; 2006 Code, ch. 11, sec. 1.07) Sec. 13.02.008 Collection from nonresidential customers; containers for multifamily residential complexes (a) Frequency of collection; charges. The collection and removal of refuse from houses and other structures and premises used for commercial, institutional, or industrial purposes shall be made not less than one (1) time each week. Collection charges shall be assessed in accordance with the town’s approved franchise vendor’s fee schedule in effect at the time. (b) Containers. Commercial, institutional, and industrial customers shall dispose of refuse by means of commercial containers meeting town specifications. Additionally, multifamily residential complexes may employ said commercial containers for refuse collection in the same manner as commercial, institutional, and industrial customers. (Ordinance 2002-12, sec. IX, adopted 3/4/02; 2006 Code, ch. 11, sec. 1.08) Sec. 13.02.009 Prohibited acts and conditions (a) It shall be unlawful for any person to sweep, throw, or deposit any refuse, stagnant water, or carrion into, upon, or along any public property or private property of another, except as may be specifically provided by this article. (b) It shall be unlawful for any person owning or otherwise in control of any premises within the town to permit any of the conditions described in subsection (a) of this section to exist upon property owned or controlled by them after having actual or constructive notice thereof. (c) It shall be unlawful for any person to place in any container any material other than as specifically provided in this article, including but not limited to hazardous waste. Town Council Page 875 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-12 (d) It shall be unlawful for any person to deposit or maintain refuse except as provided for by this article. (e) It shall be unlawful for any person to deposit any ignited material in any container used for the disposal of refuse. (f) It shall be unlawful for a person to allow or cause the dumping of any construction debris or other refuse, including without limitation that produced as a result of major remodeling or general cleanup of property, at any location within the town. (g) It shall be unlawful for any commercial institution or industrial customer to remove the drain plug from any commercial container. (h) It shall be unlawful for any person to cause damage to or permit excessive buildup of material in containers. (Ordinance 2002-12, sec. X, adopted 3/4/02; 2006 Code, ch. 11, sec. 1.09; Ordinance 2012-17, sec. 2.06, adopted 9/4/12) Secs. 13.02.010–13.02.040 Reserved Division 2. Scavenging Refuse Sec. 13.02.041 Definitions Discarded materials. Recyclable items, reusable items, household trash, garbage, and/or debris as defined in the town’s trash code. (Ordinance 2004-03, sec. II, adopted 1/19/04; 2006 Code, ch. 11, sec. 2.01) Sec. 13.02.042 Penalty It shall be unlawful for any person to violate any provision of this division, and any person violating or failing to comply with any provision of this division 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. (Ordinance 2004-03, sec. VIII, adopted 1/19/04; 2006 Code, ch. 11, sec. 2.04) Sec. 13.02.043 Prohibition Except as specifically provided herein, no person, other than the current resident, current occupant or current owner of the property on which discarded materials are placed for collection, or a certified peace officer acting in his or her official capacity, shall open, remove, pick up, search through, or transfer discarded materials directly from the curbside when such discarded materials are contained within a closed plastic bag, box, garbage receptacle or any other closed or sealed container left at curbside for collection and removal by a carrier authorized to remove discarded materials within the town. (Ordinance 2004-03, sec. III, adopted 1/19/04; 2006 Code, ch. 11, sec. 2.02) Town Council Page 876 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-13 Sec. 13.02.044 Exceptions (a) Authorized collectors. A carrier, including its agents, representatives, and employees, authorized to remove discarded materials within the town may remove, pick up, or transfer discarded materials directly from the curbside as authorized in such carrier’s contract or franchise with the town. A carrier shall not open any sealed garbage receptacle except to the extent necessary to remove the discarded material from the receptacle and place those materials directly into his or her disposal machinery and in accordance with the carrier’s contract or franchise with the town. A carrier shall not search through closed bags, boxes, or other trash receptacles. (b) Other exceptions. (1) Permission of resident. It shall be an exception to the prohibition contained in this division that a person other than the current resident, occupant, or owner of the property on which discarded materials are contained has the permission of such current resident, occupant or owner of the property to remove or search through a closed or sealed plastic bag, box, garbage receptacle or any other closed or sealed container. (2) Open or unsealed containers. It shall be an exception to the prohibition contained in this division for a person other than the current resident, occupant, or owner of the property to remove discarded materials which are not contained within a sealed plastic bag, box, garbage receptacle or any other closed or sealed container. (Ordinance 2004-03, sec. IV, adopted 1/19/04; 2006 Code, ch. 11, sec. 2.03) ARTICLE 13.03 STORMWATER DRAINAGE UTILITY* Division 1. Generally Sec. 13.03.001 Definitions When used in this division, the following terms shall have the respective meanings ascribed to them: Director. The town manager or his/her designee. Drainage. Bridges, catchbasins, channels, conduits, creeks, culverts, detention ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works, and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the water away, collect, store, or treat the water [or divert the water] into natural or artificial watercourses. Facilities. The property, real, personal, or mixed, that is used in providing drainage and included in the system. * State law reference–Municipal Drainage Utility Systems Act, V.T.C.A., Local Government Code, sec. 552.041 et seq. Town Council Page 877 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-14 Service area. The boundaries of the town, Trophy Club Municipal Utility District No. 1, Municipal Utility District No. 2 and any other land areas outside the municipal boundaries which, as a result of topography or hydraulics, contribute overland flow into the watersheds served by the drainage system of the town; provided, however, that to the extent applicable, such service area does not extend further than the boundaries of the town’s extraterritorial jurisdiction nor does the service area extend into the boundaries of any other municipality. Stormwater drainage utility system, drainage system or system. The drainage owned or controlled in whole or in part by the town, including the town’s existing drainage facilities, materials, and supplies, and dedicated to the service of benefited property, including provisions for additions, extensions, and improvements thereto and replacements thereof, excluding from the foregoing, however, to the extent now or hereafter provided by law, facilities of any kind which are declared by the town council, prior to the acquisition or construction thereof by the town, not to be a part of the system and which are acquired or constructed by or on behalf of the town with the proceeds from the issuance of special facilities bonds in a manner now or hereafter authorized by law. (Ordinance 2003-19, sec. II, adopted 10/20/03; 2006 Code, ch. 11, sec. 4.01) Sec. 13.03.002 Penalty It shall be unlawful for any person to violate any provision of this division, 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. (Ordinance 2003-19, sec. IX, adopted 10/20/03; 2006 Code, ch. 11, sec. 4.05) Sec. 13.03.003 Findings; system established; adoption of state law The town council hereby declares that it finds each of the following to be true and correct statements: (1) The town finds that the adoption of Texas Local Government Code 552.041 et seq., as amended, entitled “Municipal Drainage Utility Systems Act” (hereinafter the “Act”), serves the best interests of the public and hereby adopts the Act in its entirety; (2) The town finds and declares that the drainage system of the town shall be a public utility, and, pursuant to the provisions of the Act, the town incorporates its existing drainage facilities, materials, and supplies into the stormwater drainage system, hereby declared to be a public utility; (3) The town will establish a schedule of drainage charges against all real property in the proposed service area subject to charges under the Act, and such charges shall be levied upon passage of this division after satisfaction of all other procedural requirements provided in the Act; (4) The town will provide drainage for all real property in the proposed service area on payment of drainage charges, except real property exempted by the Act; (5) The town will offer drainage service on nondiscriminatory, reasonable and equitable terms; and Town Council Page 878 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-15 (6) The town will adopt and enforce rules related to the subject of municipal drainage and as it considers appropriate to operate the stormwater drainage utility system by the passage of appropriate ordinances, resolutions and rules. (Ordinance 2003-19, sec. III, adopted 10/20/03; 2006 Code, ch. 11, sec. 4.02) Sec. 13.03.004 Designation of program responsibility It shall be the duty of the director to administer the system. The director shall keep an accurate record of all properties benefited or served by the services and facilities of the system and make changes in accordance with the rates and fees adopted by the town. (Ordinance 2003-19, sec. IV, adopted 10/20/03; 2006 Code, ch. 11, sec. 4.03) Sec. 13.03.005 Exemptions The following shall be exempt from the provisions of all rules, resolutions, this division and any other codes adopted by the town pursuant to the Act: (1) Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system; (2) Property held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the town for maintenance; (3) A subdivided lot, until a structure has been built on the lot and a certificate of occupancy or the equivalent for residential properties has been issued by the town. (Ordinance 2003-19, sec. V, adopted 10/20/03; 2006 Code, ch. 11, sec. 4.04) Secs. 13.03.006–13.03.030 Reserved Division 2. Fees Sec. 13.03.031 Definitions When used in this division, the following terms shall have the respective meanings ascribed to them: Act or the Act. Subchapter C of chapter 552 of the Texas Local Government Code, the Municipal Drainage Utility Systems Act, as amended. Benefitted property. An improved parcel or tract to which drainage service is made available by the town under this division. Director. The town manager or his/her designee. Drainage. Bridges, catchbasins, channels, conduits, creeks, culverts, detention ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works, and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from Town Council Page 879 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-16 land, carry the water away, collect, store, or treat the water or divert the water into natural or artificial watercourses. Drainage charge. The levy imposed to recover the cost of the service of the town in furnishing drainage for any benefitted property and including an amount made in contribution to funding of future drainage system construction by the town. Facilities. The property, real, personal, or mixed, that is used in providing drainage and included in the system. Impervious area or impervious surface. A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. Impervious areas include, but are not limited to, compacted soils, buildings, parking lots, and private ingress/egress roadways. Improved, improved parcel, or improved lot or tract. A lot or tract that has a structure or other improvement on it that causes an impervious coverage of the soil under the structure or improvement. Parcel. One or more lots or portions of lots that are contiguous and under single ownership. Service area. The corporate boundaries of the town, Trophy Club Municipal Utility District No. 1, and any other land areas outside the municipal boundaries which, as a result of topography or hydraulics, contribute overland flow into the watersheds served by the drainage system of the town; provided, however, that to the extent applicable, such service area does not extend further than the boundaries of the town’s extraterritorial jurisdiction nor does the service area extend into the boundaries of any other municipality. Stormwater drainage revenue bonds. Obligations issued to finance the costs of facilities payable and secured by a lien on and pledge of fees. Stormwater drainage utility fee or fee. The drainage charge, including any interest and penalties, paid by a benefitted or served property for stormwater drainage services provided by the system, including, but not limited to, the items described as “cost of service” in the Act, as amended. Stormwater drainage utility system, drainage system or system. The drainage owned or controlled in whole or in part by the town, including the town’s existing drainage facilities, materials, and supplies, and dedicated to the service of benefitted property, including provisions for additions, extensions, and improvements thereto and replacements thereof, excluding from the foregoing, however, to the extent now or hereafter provided by law, facilities of any kind which are declared by the town council, prior to the acquisition or construction thereof by the town, not to be a part of the system and which are acquired or constructed by or on behalf of the town with the proceeds from the issuance of special facilities bonds in a manner now or hereafter authorized by law. Wholly sufficient and privately owned drainage system. Land owned and operated by a person other than a municipal drainage utility system, the drainage of which does not discharge into a creek, river, slough, culvert, or other channel that is part of a municipal drainage utility system. (Ordinance 2003-30, sec. II, adopted 12/1/03; 2006 Code, ch. 11, sec. 5.01; Ordinance 2012-01, sec. 2 (5.01), adopted 1/23/12) Town Council Page 880 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-17 Sec. 13.03.032 Findings and determinations It is hereby found, determined and declared that the stormwater utility drainage fees adopted hereunder and the basis for those fees are directly related to drainage and that the terms of the levy hereunder and the classification of the benefitted properties are nondiscriminatory, reasonable, and equitable for similar services of the service area property in the town, and that the town shall provide drainage for all real property in the service area upon payment of fees, except real property exempted hereunder. Further, it is hereby found that the town council has based its calculations for the levy on an inventory of the lots and tracts within the service area, and that, as allowed by the Act, the town council may consider the land use made of the benefitted property and the size, in area, the number of water meters, and topography of a parcel of benefitted property, in assessing the drainage charge to the property. (Ordinance 2003-30, sec. III, adopted 12/1/03; 2006 Code, ch. 11, sec. 5.02; Ordinance 2012-01, sec. 2 (5.02), adopted 1/23/12) Sec. 13.03.033 Fee schedule (a) For purposes of imposing the fees, all parcel(s) within the town are classified as residential, multifamily, duplexes, or nonresidential. The fee for residential properties shall be as set forth in the fee schedule in appendix A to this code. The fee for multifamily, duplexes, or nonresidential shall be based on a rate as established in the fee schedule in appendix A to this code per equivalent residential unit (ERU). Each ERU equals 3,500 square feet of impervious area. The fee shall be calculated based on the total square footage of impervious area for each nonresidential parcel. The minimum monthly fee for nonexempt properties shall be one (1) ERU. Monthly fees shall be in the amount established by the fee schedule in appendix A to this code. (b) The director shall be responsible for determining impervious area based on data obtained from the Denton or Tarrant County Appraisal District. If such information is unavailable from the appraisal district files, the property owner, tenant or developer may submit a certified survey and/or a foundation survey to assist the director in determining impervious area. The director may require additional information as necessary to make the determination. The amount of any fee may be revised by the director based on any additions to the impervious area as approved through the building permit process or as shown from the records of the Denton or Tarrant County Appraisal District. (c) The town council may review the foregoing schedule of fees at any time and may, by ordinance, increase or decrease such fees within the schedule upon a determination that such increase or decrease is warranted. (d) The town council hereby finds and determines that the fees have been established in accordance with the provisions of the Act. (Ordinance 2003-30, sec. IV, adopted 12/1/03; 2006 Code, ch. 11, sec. 5.03; Ordinance 2012-01, sec. 2 (5.03), adopted 1/23/12; Ordinance adopting Code) Town Council Page 881 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-18 Sec. 13.03.034 Billing, payment and penalties The town is hereby authorized to bill the fees incurred as a result of the adoption of the Act and establishment of the stormwater utility drainage system thereunder with its other public utility billings. (1) The town shall render bills or statements for fees monthly for service for the upcoming month for all properties subject to the fee. (2) Bills shall be payable when rendered and shall be considered as received by the customer and/or owner, whether actually received or not, when deposited in the United States mail, postage prepaid, addressed to the customer of town utility billings. (3) Fees shall be billed with the town’s other public utility billings and shall be identified separately on the utility billing as a stormwater drainage fee and shall be consistent with the Act. (4) Delinquent fees are subject to the same penalties and methods of collection as other utility charges of the town and shall be collected in a manner consistent with the Act, including without limitation the discontinuance of any utility services provided by the town. The town shall have access, at all reasonable times, to any benefitted properties served by the system for inspection or repair or for the enforcement of this division or the Act. (5) Unless a parcel or tract is exempted from the applicability of this division or the public stormwater drainage utility ordinance, no person shall use the drainage system for such parcel or tract unless such person pays the full established drainage charge. (Ordinance 2003-30, sec. V, adopted 12/1/03; 2006 Code, ch. 11, sec. 5.04; Ordinance 2012-01, sec. 2 (5.04), adopted 1/23/12) Sec. 13.03.035 Adjustment of fees (a) Requests for adjustment of a fee shall be submitted through the director, who shall be given authority to administer the procedures and standards and review criteria for the adjustment of fees as established herein. All requests shall be evaluated based upon the amount of impervious area and vegetated area on the site and total parcel area. No credit of fees shall be given for the installation of facilities required by town development codes or Texas Water Code requirements. The following procedures shall apply to all requests for adjustment of the fees: (1) Any owner or customer who has paid fees and who believes the calculation or determination of the fees to be incorrect may, subject to the restrictions set forth in this division, submit an adjustment request to the director. (2) Requests for adjustment of fees paid by an owner or customer making the request shall be in writing and set forth, in detail, the grounds upon which relief is sought. Town Council Page 882 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-19 (3) The director shall review adjustment requests made during the first fiscal year that the fees were imposed within a four (4) month period from the date of receipt of the adjustment request. Adjustments resulting from such request shall be retroactive to the beginning of billings but shall not exceed one (1) year. (4) Adjustment requests made after the first fiscal year that the fees were imposed shall be reviewed by the director within thirty (30) days from the date of receipt of an adjustment request. Adjustments resulting from such a request shall be prospective but may be made retroactive for no greater time period than three (3) months prior to the receipt of the request, at the discretion of the director. (5) The owner or customer requesting an adjustment may be required, at the requesting party’s own cost, to provide supplemental information to the director, including, but not limited to, survey data approved by a state registered professional land surveyor (RPLS), or engineering approved by a state registered professional engineer (PE), or reports. Failure to provide requested information may result in the denial of the adjustment request. (6) Adjustments to the fees shall be made upon the granting of the adjustment request, in writing, by the director. In making a determination to grant an adjustment request, the director shall consider the potential for any adverse impact to the holders of any outstanding stormwater drainage revenue bonds. Denials to an adjustment request shall be made in writing by the director. (b) Upon receipt of the written denial of the adjustment request, the owner or customer who initially requested the adjustment may, within 30 days of receipt of such denial, apply to the director for review of the denial. (1) The director shall complete this review within sixty (60) days of receipt of such request for review. The director’s determination on the review shall be in writing and set forth, in detail, the reasons for the decision. (2) In reviewing denial of adjustment requests, the director shall apply the standards and review criteria contained in this section. (3) All findings and determinations made by the director arising out of this section shall be final. (c) Those improved nonresidential properties (including apartments) that practice stormwater management are eligible to receive a credit on their monthly billings. The application for such credit shall follow the procedures for appeal as set forth in subsection (b) above. The credit shall only be for the impervious area that receives the benefit of the stormwater management. (1) That area which drains into an approved detention basin shall be eligible for up to a fifteen (15) percent reduction. (2) That area which drains into an approved retention basin shall be eligible for up to a thirty-five (35) [percent] reduction. Town Council Page 883 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-20 (3) The credit methodology shall be an administrative policy as established by written report maintained in the community development department of the town. (Ordinance 2003-30, sec. VI, adopted 12/1/03; 2006 Code, ch. 11, sec. 5.05; Ordinance 2012-01, sec. 2 (5.05), adopted 1/23/12) Sec. 13.03.036 Stormwater drainage utility fund (a) There is hereby established a stormwater drainage utility fund, which may consist of one or more accounts. All fees shall be deposited as collected and received into this fund and shall be used exclusively for the drainage services as stated in the Act, which includes but is not limited to the following: (1) Operation and maintenance of the system. (2) Funding of pollution abatement and peak flow attenuation devices constructed on stormwater systems discharging to the surface water of the town. (3) Administrative costs associated with the management of the system. (4) Payment of the debt service requirements on any outstanding stormwater drainage revenue bonds, including any fees and expenses incidental thereto. (5) Engineering consultant fees. (6) Consultant studies necessary for preparation of the stormwater management plan. (b) The income derived from the operation of the system shall be segregated and completely identifiable from other town accounts. Fees utilized solely for the cost of service, exclusive of any sums pledged to retire any outstanding indebtedness or obligation incurred, or any sum attributable to the funding of future improvement to the system, may be transferred to the town general fund. (Ordinance 2003-30, sec. VII, adopted 12/1/03; 2006 Code, ch. 11, sec. 5.06; Ordinance 2012-01, sec. 2 (5.06), adopted 1/23/12) Sec. 13.03.037 Exemptions The following shall be exempt from the provisions of this division or any other resolution, rules, or ordinances adopted by the town pursuant to the public stormwater drainage utility ordinance or this division: (1) Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system; (2) Property held and maintained in its natural state, until such time that the property becomes developed property and all of the public infrastructure constructed has been accepted by the town for maintenance; (3) A subdivided lot, until a structure has been built on the lot and a certificate of occupancy or the equivalent for residential properties has been issued by the town; Town Council Page 884 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-21 (4) A municipality. (Ordinance 2003-30, sec. VIII, adopted 12/1/03; 2006 Code, ch. 11, sec. 5.07; Ordinance 2012- 01, sec. 2 (5.07), adopted 1/23/12) ARTICLE 13.04 MANAGEMENT OF PUBLIC RIGHT-OF-WAY USED BY UTILITY PROVIDERS* Sec. 13.04.001 Definitions Whenever used in this article, the following words and terms shall have the definitions and meanings provided in this section: Construction. Any of the following activities performed by a person within a public right-of-way: (1) Installation, excavation, laying, placement, repair, upgrade, maintenance, or relocation of facilities or other improvements, whether temporary or permanent; (2) Modification or alteration to any surface, subsurface, or aerial space within the public right-of-way, installation of facilities, boring or jacking of utilities; or (3) Performance, restoration, or repair of pavement cuts or excavations. Contractor. A person or company hired or retained to do construction for a utility service provider. The contractor includes all subcontractors, employees, agents, and hired labor. Director. The director of public works for the town, or that person’s designee. Duct or conduit. A single enclosed raceway for cables, fiber optics, or other wires. Emergency. Any event which may threaten public health or safety, including, but not limited to, damaged or leaking water or gas conduit systems, damaged, plugged, or leaking sewer or storm drain conduit systems, damaged underground electrical and communications facilities, or downed overhead pole structures. Excavate or excavation. Digging into or in any way removing or penetrating any part of a right- of-way. Facilities. All provider duct spaces, manholes, conduits, pipes, underground and overhead passageways, and other equipment, structures and appurtenances and transmission media which are located in the right-of-way or utility easements. Permit. A document issued by the town or an internal work order issued by a municipal utility district located within the town which authorizes the performance of work under this article. * State law reference–Use of municipal streets and sidewalks for public conveniences and amenities or for private uses, V.T.C.A., Transportation Code, ch. 316. Town Council Page 885 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-22 Person. A natural person, a corporation, a public service provider, a governmental entity or agency, a limited liability company, a joint venture, a business trust, an estate, a trust, a partnership, an association or any other legal entity regardless of its structure. Public right-of-way or right-of-way. The area on, below or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the town has an interest. The term does not include the airwaves above a right-of-way with regard to wireless telecommunications. Transmission media. All provider cables, fibers, wires, fixed radios or other physical devices used to transmit and/or receive communication signals, whether analog, digital or of other characteristics, and whether for voice, video, or data or other purposes, which are physically located in the right-of-way. Utility easement. A grant of one or more property rights by the property owner to and/or for use by the public, a corporation, or another person or entity for installing and maintaining utility services or facilities across, over or under land, together with the right to enter thereon with machinery and other vehicles necessary for the maintenance of utility services or other facilities. Utility service provider or provider. Any privately or publicly owned entity which uses right-of- way to furnish to the public any general public service, including, but not limited to, sewer, gas, electricity, water, telecommunications, cable, or telegraph, or any person or entity seeking to place facilities on, in or over the right-of-way. When used in this article, the term shall include all persons, contractors, subcontractors, officers, directors, partners, managers, superintendents, or other authorized persons exercising control over or on behalf of the provider, including a person who requests and/or obtains a permit on behalf of or at the direction of a provider. Work print. A diagram showing all work to be performed by the provider including all landscaping and restoration work required by town codes, and providing all information reasonably required by the director so that the provider’s application or request may be evaluated. (Ordinance 2001-13, sec. I adopted 6/4/01; 2006 Code, ch. 11, sec. 3.01) Sec. 13.04.002 Penalty (a) Any provider violating or failing to comply with any provision of this article shall be fined, upon conviction, in an amount not more than two thousand dollars ($2,000.00), and separate offenses shall be deemed committed each day during or on which a violation occurs or continues. (b) The penalty provisions set forth in this section shall be in addition to, and not in limitation of, any other rights and remedies provided by law or in equity. (Ordinance 2001-13, sec. XII, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.12) Sec. 13.04.003 Provider registration; permit for placement of facilities (a) Obligation to obtain permit. Nothing in this section shall relieve a provider from its obligation to obtain a permit as required by this article. Town Council Page 886 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-23 (b) Registration required; expiration and renewal. In order to protect the public health, safety, and welfare, a provider maintaining or operating existing facilities in the public right-of-way must register with the director in accordance with the following requirements: (1) The registration must be on a form furnished by the director and made in the name of the provider that owns the facilities. Providers shall register no later than sixty (60) days after the effective date of this article; thereafter, providers shall register as required by subsection (b)(2) of this section. (2) Registration expires January 31 of every other year after the calendar year in which the provider first registers. If registration is not renewed by the expiration date, the director shall furnish written notice to the provider that the registration has expired. If the provider fails to renew its registration within thirty (30) calendar days after the director provides notice of the expiration, the facilities of the provider shall be deemed to have been legally abandoned. (c) Notice of change in registration information. If information provided as part of the registration process changes, the provider shall inform the director in writing not more than thirty (30) days after the date the change occurs. (d) Required information with registration. The provider shall also include the following information with its registration: (1) The name of the provider using the public right-of-way, including any business name, assumed name, or trade name the provider operates under or has operated under within the past five (5) years. (2) If the provider is a certificated telecommunications provider, the certificate number issued by the state public utility commission. (3) The ordinance number of any franchise or license issued by the town that authorizes the provider to use the public right-of-way. (4) The names, addresses, and telephone numbers of at least two persons who will be general, day-to-day contacts for the provider. At least one of the addresses must be within the Dallas/Fort Worth metropolitan area. (5) The name and mailing address of the officer or agent designated as the person authorized to receive service of process on behalf of the provider. (6) The name, address, and telephone number of any contractor or subcontractor, if known, who will be working in the right-of-way on behalf of the provider. (7) The names and telephone numbers of at least two persons serving as emergency contacts who can be reached by telephone twenty-four (24) hours a day, seven (7) days a week. The telephone number shall be accessible without the town having to pay a long distance telephone or toll charge. (8) Proof of existing insurance coverage that complies with the requirements of section 13.04.012 of this code. Town Council Page 887 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-24 (e) Permit required for placement of facilities. A provider seeking to place or seeking to cause the placement of facilities on, in or over the public right-of-way shall first file an application for a construction permit as required by this article and, where applicable, shall pay the appropriate fee as identified in the town’s fee schedule. The town’s fee schedule, as amended, is incorporated herein by reference. (1) The provider shall obtain any and all permits required by the town and pay all applicable fees before beginning construction, unless such construction work is specifically exempted from the permit requirement under subsection (f) of this section. The failure of the provider to obtain a permit prior to beginning construction in the right-of-way or to abide by the terms and provisions of that permit or this article will subject the provider to a stop work order from the town and enforcement action pursuant to this and all other applicable town codes. (2) Permits shall be issued in the name of the provider that owns the facilities. (3) No provider or contractor shall perform or cause to be performed construction in an area larger or at a location different, or for a longer period of time, than that specified in the permit. If, after the commencement of construction under an approved permit, it becomes necessary to perform construction for a longer duration or in a larger or different area than originally authorized by the permit, the provider or contractor shall notify the town immediately and shall within one (1) business day file a supplemental application for the additional construction needed. (4) The provider may contract the construction work to be performed under a permit issued pursuant to this article. The provider shall be and remain responsible for the performance of the construction work under the permit and all insurance and financial security as required by this article. (5) If the provider fails to act upon any permit within forty-five (45) calendar days of issuance, the permit shall become invalid and the provider will be required to obtain another permit. (6) At the time that a permit application is filed, the provider shall supply to the town, at the provider’s expense, all documentation and data, including but not limited to landscaping plans, maps, construction schedules and equipment location drawings, necessary to ensure compliance with the terms of this article, other town codes, rules, and regulations, or other applicable provisions of law. (7) Providers shall submit to the director “as built” plans within ninety (90) days of completion of construction of facilities. (f) Construction exempt from permit requirement. A permit shall not be required prior to the commencement of construction if one or more of the following conditions exist: (1) Construction work performed in the event of an emergency, as defined herein; (2) The construction work performed is limited to the installation of facilities necessary only to initiate service to a customer’s property; Town Council Page 888 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-25 (3) Construction work performed pursuant to a valid franchise agreement with the town which specifically exempts such work from the requirement to obtain a permit. The provider shall also be exempt from the payment of associated permit fees if exempt from that fee by the terms of a valid franchise agreement or by applicable law. (g) Refusal to issue permit. The director may refuse to issue a permit if: (1) The proposed construction will substantially interfere with vehicles or pedestrians and no procedures, or procedures inconsistent with this article, have been implemented to minimize the interference; (2) The proposed construction will substantially interfere with another activity for which a permit has been issued, or will conflict or interfere with existing facilities along the right-of-way; (3) The proposed barricading, signage, warning, or other traffic-control procedures or equipment do not comply with the Texas Manual on Uniform Traffic Control Devices, as amended; (4) The proposed construction, incidental traffic control, or other permitted activity, or the manner in which it is to be performed, will violate a town code or regulation or a state or federal law or regulation; or (5) The provider: (A) Failed to furnish all the information required by this article; (B) Knowingly or intentionally furnished materially false or incorrect information to the director; (C) Failed, except for good cause shown, to file the application on the approved form within the time limits prescribed by this article; (D) Failed or refused to submit work plans or plans of record as required by this article; (E) Was convicted of violating a provision of this article twice within the two-year period immediately preceding the date of application; (F) Failed to furnish or have on file with the director the insurance required under this article; or (G) Is not in compliance with applicable requirements of an existing permit issued under this article. Town Council Page 889 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-26 (h) Suspension or revocation of permit. (1) The director may suspend construction or revoke an issued permit based upon the same grounds for which a permit may be denied under subsection (g) of this section, or if the provider: (A) Commences or performs construction in violation of an applicable requirement of this article or the permit; (B) Creates or is reasonably likely to create a public health or safety hazard by performance of the construction in question; (C) Fails to comply with a order or regulation of the director; or (D) Fails to comply with restrictions or requirements of other town codes or state or federal laws or regulations applicable to the construction. (2) In the event that the director suspends construction at a site, or refuses to issue, suspends, or revokes a permit, the director shall provide written notice to the provider stating the basis upon which such action has been taken. Construction that is suspended may not resume until the director determines that the provider has corrected the violation, noncompliance, or hazard that caused the suspension. (3) A permit that has been revoked may be reinstated by the director if the director determines that: (A) The provider has corrected the violation, noncompliance, or hazard that caused the revocation; and (B) The health or safety of the public is not jeopardized by reinstating the permit or construction. (i) Variances. Any variance from the requirements of this article must be approved in writing by the director prior to the commencement of the activity for which the variance is requested. The director may grant a variance only if an extreme hardship exists and the public health, safety, welfare, and convenience is not adversely affected by granting the variance. The director may not approve a variance that would give a competitive advantage to one provider over another provider providing the same or similar service. The director may not grant a variance from the indemnity, insurance or bonding requirements of this article, except as specifically provided. (j) Appeals. The appeal process shall be as follows: (1) Appeals may be filed pursuant to this article for decisions of the director, including but not limited to decisions to suspend or refuse to allow construction work and/or decisions to deny, suspend, or revoke a permit. However, the appeal process provided by this article shall not be available for criminal violations of this article. (2) A provider may appeal decisions made by the director pursuant to this article by filing a written appeal with the town manager within five (5) working days of receipt of the stop work order, or the denial, suspension, or revocation of the permit, or other decision of the director. An appeal filed pursuant to this article shall specifically state Town Council Page 890 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-27 the basis for the aggrieved party’s challenge to the director’s decision under this article. (3) Decisions of the town manager shall be issued within three (3) working days of receipt of the written appeal. Decisions of the town manager shall be final. The town manager shall notify the town council of any appeal decisions. (k) Notice requirements. (1) In the event that an emergency requiring construction must be performed, the provider shall notify the town in writing within two (2) business days after the emergency-related construction response, including a detailed description of the work performed. An updated map of any facilities that were relocated, altered, added or repaired shall be provided within thirty (30) days of the date upon which the emergency occurs. Notwithstanding the foregoing, the provider shall immediately contact 9-1-1 upon the occurrence of an emergency and notify the appropriate agencies of the nature of the emergency. (2) For all other construction work specifically exempted from the permit requirement by subsection (f) of this section, the provider shall submit to the town a monthly report identifying the location of the construction work, stating whether the work was performed by the provider or a third party on behalf of the provider, and stating the basis for the permit exemption claimed. The report required by this subsection shall be submitted within five (5) business days following the end of the month during which the construction work was performed. Providers failing to comply with the reporting requirements of this section shall be subject to the penalties specified in section 13.04.002 of this article. (3) For all construction for which a permit is required, the provider shall give the town written notice at least five (5) business days prior to the commencement of construction. Such notice shall identify the location and nature of the construction work. Alternatively, the provider shall obtain a permit five (5) business days prior to the commencement of such construction. A properly completed permit application filed within five (5) business days prior to commencement of construction shall serve as notice to the town for purposes of this subsection. The director may approve the commencement of construction at any time after issuance of a permit. (4) At least five (5) business days prior to the beginning of each month, the provider shall give the town a monthly schedule of planned construction work to be performed during the month. Such schedule shall state whether a third party or the provider’s personnel will be used for construction and/or maintenance, shall specify the location of the proposed construction work, shall specify the approximate amount of time needed for completion of the proposed construction work, and shall identify all potential traffic or street disturbances related to or arising out of such construction. A permit shall be required for all construction work identified on the monthly schedule unless such work is exempt pursuant to subsection (f) of this section. The provider shall notify the town of all changes to or modification of information provided in the monthly schedule required by this section within five (5) business days of such change or modification. The provider shall notify the town within twenty-four (24) hours of completion of construction or abandonment of a construction project for which a permit is required under this article. Town Council Page 891 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-28 (5) Private property owners shall be notified via a door hanger or other paper document securely attached to the front door of their residence if a provider has or will access a dedicated utility easement for the purpose of performing work. Such notice shall state the name and address of the provider performing or causing the work to be performed, the name of the employee or agent leaving the notice, and the name and telephone number of a contact person who is able to respond to inquiries. The person listed as the point of contact shall be accessible during normal business hours. The notice shall also state whether the work has been completed. If the work has not been completed, the notice shall identify a time frame for completion of the work. (Ordinance 2001-13, sec. II, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.02) Sec. 13.04.004 Use of right-of-way (a) Undue burden on right-of-way. A provider shall not erect, install, construct, repair, replace or maintain its facilities in such a fashion as to unduly burden the present or future use of the right-of-way. If the town in its reasonable judgment determines that any portion of the facilities is an undue burden, the provider, at its expense, shall modify its facilities or take such other action as the town may determine is in the public interest to remove or alleviate the burden, and the provider shall do so within thirty (30) days of written notice by town. (b) Relocation of facilities. The provider shall, at its expense, protect, support, disconnect, relocate or remove from the right-of-way any portion of its facilities when reasonably required to do so by the town due to street or other public excavation, construction, repair, grading, re- grading, traffic conditions, the installation of sewers, drains, water pipes, power or signal lines, track ways or tracks; the construction or repair of municipally owned facilities; the vacation, construction or relocation of streets or any other type of structure; or other improvements by the town or another public agency which are reasonably necessary for the protection of the public health, safety or welfare. The town shall give the provider at least one hundred and twenty (120) days’ prior written notice of a request under this subsection. Additionally, if the town’s request for removal or relocation of facilities is made in order to allow the widening or straightening of a street, the town shall specify the new location for the facilities along the right-of-way of the street before the provider is required to relocate such facilities. The town may temporarily disconnect, remove or relocate any of the provider’s facilities which have not been disconnected, removed or relocated within the one hundred and twenty (120) day period following the town’s written notice of a request under this subsection, and the provider shall reimburse the town all direct and indirect costs, including a reasonable administrative fee. The obligation of a provider to pay the costs incurred as a result of this subsection shall be based upon the provider’s payment obligation under applicable state or federal law. If a provider seeks to claim an exemption from the payment of costs incurred under this subsection, the provider shall notify the town of the statutory basis for the exemption claimed and request an exemption from such costs. The town shall grant such exemption as required by applicable state or federal law. (c) Emergency repair of hazardous situation. If the director determines during construction that an emergency repair to a right-of-way is necessary to correct a situation that is hazardous to the public, the director shall immediately notify the provider. If the provider does not commence the emergency repair within the time required by the director, the director may, in his sole discretion, perform or cause the performance of such repair work as is necessary to correct the hazardous situation. If however, the director is unable to notify the provider or is unable to determine the identity of the provider, then, in his sole discretion, the director may take all actions necessary to Town Council Page 892 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-29 disconnect, remove or relocate any and all facilities of the provider in order to respond to the emergency. The town shall notify the provider within two (2) business days after the occurrence of such emergency event. Neither the town nor any agent, contractor or employee thereof shall be liable to the provider, its customers or third parties for any damages caused them or the facilities due to any activities described in this subsection. The provider shall reimburse the town for all direct and indirect costs of performing work under this section. The obligation of a provider to pay the costs incurred as a result of this subsection shall be based upon the provider’s payment obligation under applicable state or federal law. If the provider seeks to claim an exemption from the payment of costs incurred under this subsection, the provider shall notify the town of the statutory basis for the exemption claimed and request an exemption from such costs. The town shall grant such exemption as required by applicable state or federal law. (d) Minimum interference. The facilities shall be erected and maintained by the provider to cause minimum interference with the use of the right-of-way and with the rights or reasonable convenience of property owners. Construction work on private property shall not cause or create a hazardous condition to exist on the right-of-way. (e) Duties of provider. To the extent allowed by applicable state and federal law, this article authorizes the construction of facilities in the right-of-way which have been dedicated for compatible uses, subject to the requirements in the balance of this section and of this article. In using all right-of-way, the provider shall comply with all federal, state, and local laws, including all town codes. Without limitation, the provider shall ensure that: (1) The safety, functioning and appearance of the right-of-way, and the convenience and the safety of other persons, shall not be adversely affected by the installation or construction of facilities necessary for normal operations. (2) Any portions of the right-of-way that are in any way disturbed by the construction or repair of facilities shall be restored and maintained to as good or better condition than existed previously. The provider’s maintenance obligation shall continue for two years after completion of such work. (3) The cost of the installation, construction, operation, or removal of such facilities shall be borne by the provider as required by state law. (4) Notice has been given prior to the commencement of construction in accordance with this article. Such notice shall be given by either the provider, its contractor, or an authorized agent of either entity. The notice shall include the name, address and phone number of the contractor who will actually perform the construction work, including the name and telephone number of an individual who will be available twenty-four hours a day, seven days a week, until the construction is completed. The provider shall be deemed to be in compliance with this requirement when either a properly completed permit application is filed within five (5) business days prior to the commencement of construction or five (5) business days’ notice is given as required by section 13.04.003(k)(3) of this article. (5) A three-foot by three-foot (3' x 3') information sign stating the identity of the contractor performing the construction work, telephone number, and provider’s identity and telephone number shall be placed at the location where construction is to occur at least twenty-four (24) hours prior to the beginning of work and shall Town Council Page 893 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-30 continue to be posted at the location until the construction work and all restoration as required by this article is completed. (6) All persons engaged in construction in the right-of-way shall display on their persons and vehicles the identity of the entity by which they are employed. Additionally, the provider shall identify temporarily during the course of construction its facilities and drops (by color code, stamping, engraving, tags, stickers, or other appropriate method selected by the provider) so as to distinguish the provider’s equipment from that of all other utility service providers in the town. (7) Required above-ground infrastructures shall be placed at the junction of the side yard and back yard utility easement. (f) Easement acquisition. Any easements over or under private property necessary for the construction or operation of the facilities shall be arranged by the provider. Any utility easements over or under property owned by the town other than the right-of-way shall be separately negotiated with the town, except that the provider may use general utility easements that are dedicated for compatible uses on property owned by the town. Unless specifically exempted by the terms of this article, the provider shall obtain a permit prior to the commencement of construction or use of any right-of-way. (g) Utility crowding. Due to the potential for overcrowding in the town’s right-of-way, the town encourages all providers to install conduits that may be over-sized, duplicated, or placed in multiple configurations and also encourages providers to share the use of their respective underground conduits and multiple configurations at such locations. The town reserves its right to impose a reasonable limitation on the number of such providers that have access to its property based upon a demonstrated space constraint requiring such limitation. (h) Removal of obsolete facilities; cooperation. When the provider opens a trench, accesses a conduit or boring, or is working on aerial locations, it shall remove and dispose of its unusable and inactive facilities (excluding those held for future use) from such locations. When the provider receives notification from the town or another provider that a provider will be opening a trench or access to borings, the provider receiving such notice shall remove all of its obsolete facilities from such location while it is open. (i) Underground facilities. The town requires that the provider place their lines underground. The provider shall place its wires in such area underground without charge, expense or liability to the town. The provider may apply with the town for a waiver from this requirement in accordance with section 13.04.003(j) of this article. This shall not affect elevated water storage tanks and related infrastructure nor those wires that were in place and in compliance with town codes prior to the date of the passage of this article. (j) Poles. The provider shall not erect any utility poles without first obtaining a permit from the town in accordance with applicable town codes. (k) Abandonment of right-of-way. If a right-of-way where the provider has facilities is abandoned, eliminated, discontinued or closed, the provider shall be notified of same and all rights of the provider under this article to use same shall terminate. The town shall give the provider notice of such action as required by law, and the provider shall immediately remove its facilities from such street or right-of-way unless the provider obtains any necessary easements from the affected property owners to use the former street or right-of-way or a court orders the Town Council Page 894 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-31 provision of such easements. Where reasonably possible and to the extent consistent with the treatment of other similar utility facilities located in the right-of-way, the town shall reserve easements for the provider to continue to use the former right-of-way. The provider shall bear the cost of any removal or relocation of its facilities unless the abandonment is primarily for the benefit of a private party, in which case the private party shall bear such costs. Thirty (30) days’ notice of any proposed abandonment proceedings involving its facilities shall be given by publication in the official newspaper of the town. (l) Abandonment of facilities by provider. Any provider that intends to discontinue use of any facilities within the right-of-way shall notify the director in writing of the intent to discontinue use. Such notice shall describe the facilities for which the use is to be discontinued, a date of discontinuance of use, which date shall not be less than thirty (30) days from the date such notice is submitted to the director, and the method of removal and restoration. The provider may not remove, destroy, or permanently disable any such facilities during such thirty (30) day period without the written approval of the director. After thirty (30) days from the date of such notice, the provider or contractor shall remove and dispose of such facilities as set forth in the notice, as the same may be modified by the director, and shall complete such removal and disposal within six months, unless additional time is requested from and approved by the director. (m) Location and route of conduits, pipes and cables. The location and route of all conduits, pipes, cables and any other infrastructure to be placed and constructed by the provider in the construction and maintenance of facilities in the town, and the location of all conduits to be laid by the provider within the limits of the town under this article, shall be subject to the reasonable and proper regulation, control and direction of the town council, of the director or of any town official to whom such duties have been or may be delegated. (Ordinance 2001-13, sec. III, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.03) Sec. 13.04.005 Construction, maintenance and repair of facilities (a) Construction generally. All construction must be done in a good and workmanlike manner and in faithful and strict compliance with the permit, this and other applicable town codes, and regulations promulgated by the director relating to construction within the right-of-way. (b) Minimum standards. The provider shall meet or exceed all requirements set out in this article and those set out in other applicable town codes. (c) Maintenance. All construction performed must be maintained to the satisfaction of the director for two (2) years after the date of completion of the construction. Any damage to or any defect or other problem caused by or resulting from the right-of-way construction which occurs at any time within two years after the completion of construction must be corrected to the satisfaction of the director within ten (10) days after the director provides written notice to the provider to correct the damage, defect, or other problem. The filing of an appeal pursuant to section 13.04.003(j) of this article shall toll the provider’s obligation under this section until the conclusion of the appeal process provided therein. (d) Repairs. All damage caused directly or indirectly to the right-of-way surface or subsurface outside the pavement cut or excavation area shall be regarded as a part of the pavement cut or excavation and must be included in the total area repaired. If repaired by the town, the provider shall reimburse the town for the actual direct and the indirect costs of the repair. Town Council Page 895 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-32 (e) Backfill. The director shall notify the provider if the backfill on a construction site settles at any time during the two-year maintenance period required in this section, causing subsidence of the pavement of one-half inch or more, vertically, measured in any three-foot horizontal direction. Upon notification, the provider shall schedule appropriate repair work and promptly notify the director of the anticipated dates of commencement and completion of the repair work. If the repair work is not commenced or completed within the agreed-upon time schedule, or if no response is received by the director within ten (10) days after notification to the provider, the repair work may be performed by the town. The provider shall reimburse the town for the actual costs of any repair work performed by the town, including the reasonable costs of collection of such sum. (f) Required depth. Facilities shall be installed to a depth approved by the public works department and consistent with applicable industry standards. (g) Unfavorable weather conditions. No construction work, including but not limited to underground installation, or other work activities may be initiated when weather conditions prohibit proper restoration of disturbed areas in a timely manner, except in the case of an emergency as defined by this article. In the event of such emergency, the provider shall notify the town within one (1) business day after the occurrence of such emergency event. (h) Right of inspection. The town shall have the right to inspect all construction and restoration work for compliance with this and all other applicable codes and any permit granted pursuant to this article. At the sole discretion of the town, tests may be conducted to verify compliance with the requirements of permits issued hereunder and all applicable codes and state or federal laws, rules, or regulations. In the event that the result of any test or series of tests indicates noncompliance with the foregoing, the provider shall reimburse the town for all reasonable costs of those tests and shall take all remedial action to obtain compliance within thirty (30) days of receipt of notice by the town. (i) Compliance with law. The provider shall be subject to all applicable laws, codes or regulations of the town as may exist or may hereafter be amended in the course of construction of its facilities in the town. (j) As-built maps. The provider shall furnish accurate, complete and current maps and records of its facilities to the town as set forth below: (1) The provider shall furnish two complete sets of “as-built” maps and records to the town and the provider shall provide the town copies of any new or revised “as-built” maps or comparable drawings as they are generated for portions of the provider’s facilities located within the town (and in no event later than ninety (90) days after construction and activation of any portion of the facilities). Upon request by the town in an emergency, the provider, as soon as possible (but no more than five (5) business days from the request), shall inform the town of any changes from such maps and records previously supplied and shall mark maps provided by the town so as to show the location of its facilities. (2) The “as built” maps shall include at a minimum the depth and location of all system and facility routing, all emergency shut-off valves and controls, and the location of appurtenant structures, such as nodes, amplifiers, power supplies and system monitor test points, and shall be drawn to a scale and upon such media as required by the director. The provider shall specifically identify all information that it deems to be Town Council Page 896 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-33 proprietary, confidential, or customer specific. The provider may request that the director accept a document in substitution for an “as-built” plan. The director shall accept such alternate document if in the director’s reasonable discretion that document provides the minimum information as required by this article. (3) If maps and records submitted under this section include information expressly designated by the provider as a trade secret or other confidential information protected from disclosure by state law, the director will request an opinion from the state attorney general as authorized by state law. This subsection may not be construed to authorize a public service provider to designate all matters in its records as confidential or as trade secrets. (Ordinance 2001-13, sec. IV, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.04) Sec. 13.04.006 Tree trimming; landscaping and erosion control (a) Tree trimming. The provider shall notify the town prior to undertaking, contracting for, or directing the trimming of trees in the right-of-way. Except in emergencies, all trimming of trees on public property shall have the prior written approval of the director. Prior to any trimming of trees on private property, the provider shall give five (5) days’ written notice to the property owner or occupant. Should the provider, its contractor or agent fail to remove trimmings within twenty-four (24) hours of completion of the work, the town may remove the trimmings, or have them removed, and submit an invoice to the provider. Payment in full shall be made by the provider within thirty (30) days of the date of the town’s invoice. (b) Landscaping and erosion control. The following applies to landscaping within the right-of- way: (1) The provider shall submit with its permit application a landscape plan along with a copy of its work print. The landscape plan shall identify the impact of the construction on existing landscaping and remedial measures that the provider will take to restore the property to a condition that is as good as or better than the condition of the property prior to the construction being performed. The provider’s plan for restoration must be approved by the director prior to the issuance of a permit. The director may inspect the restoration for compliance up to two (2) years after completion. Upon notice to the provider of noncompliance, the provider shall perform all restorative work necessary to comply with the previously approved landscape plan. All unused materials and other debris shall be removed and properly disposed of in a timely manner. (2) Where underground construction work will encroach under the branch spread of trees or shrubs, proposed structures and conduit shall be relocated outside of the tree or shrub drip line, or the facilities in question shall be installed by boring the distance of the branch spread. The placement of such structures and conduits shall be identified on the provider’s landscape plan and approved by the director prior to the issuance of a permit. (3) The provider’s landscape plan shall also identify the erosion control measures to be used on a work area. The provider’s proposed erosion control measures must be approved by the director prior to the issuance of a permit. Erosion control measures Town Council Page 897 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-34 shall be used for all construction work, regardless of whether a permit is required under this article. (Ordinance 2001-13, sec. V, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.05) Sec. 13.04.007 Attachments to space in ducts If the town desires to place facilities or systems for its internal use in any provider duct, a non- contingent agreement shall be prerequisite to such attachment(s) or such use of any duct by the town. Nothing contained in this article shall obligate or restrict the provider in exercising its rights voluntarily to enter into wire space or facility agreements with other wire-using companies which are authorized to operate within the town. (Ordinance 2001-13, sec. VI, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.06) Sec. 13.04.008 Temporary removal of aerial wires The provider, on the request of any person, shall remove or raise or lower its wires within the town temporarily to permit the moving of houses or other bulky structures. The expense of such temporary removal, raising or lowering of wires shall be paid by the benefited party or parties, and the provider may require such payment in advance. The provider shall be given not less than forty-eight (48) hours’ advance notice to arrange for such temporary wire changes. The clearance of wires above ground shall conform to the basic standards of the National Electrical Safety Code, National Bureau of Standards, and the United States Department of Commerce as promulgated at the time of erection thereof. (Ordinance 2001-13, sec. VII, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.07) Sec. 13.04.009 Restoration of site The provider shall, at its sole cost and expense, restore any and all portion(s) of the right-of-way affected by construction or other work performed by the provider within ten (10) business days of completion of such construction or other work. The provider’s responsibility for restoration shall include all expense for the restoration and replacement of property, real or personal, disturbed, damaged or in any way injured by or on account of the provider or by its acts or omissions. All such restoration shall be in accordance with the specifications and standards adopted by the town, and shall result in a work site condition equal to or better than that which existed prior to the commencement of construction. Restoration must be to the reasonable satisfaction of the director. In the event that the provider and its contractors and subcontractors fail to make such repair within the time specified by the town or in accordance with the town’s specifications and standards, the town shall be entitled to complete the repair in accordance with applicable standards and the provider shall pay the town all costs of such repair. Prior to undertaking construction or maintenance efforts which will in any way alter or change the streets or right-of- way, the provider shall make a video recording or photograph(s) of the affected area and submit a copy of the photograph(s) or video recording to the director. Restoration obligations of the provider include but are not limited to the following: (1) Replacement of all sod or ground cover with sod or ground cover that is the same or an equivalent to the type of ground cover impacted during work, either by sodding or seeding. (2) Installation of all manholes and hand holes, as required. Town Council Page 898 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-35 (3) Backfilling and compaction of all bore pits, potholes, trenches or any other holes, unless other safety requirements are approved by the director. This must be done on a daily basis unless other safety requirements are approved by the director. (4) Leveling of all trenches and backhoe lines. (5) Restoration of the excavation site to town specifications as identified in the administrative policies of the town and, when applicable, the North Central Texas Council of Government’s (NCTCOG) Standard Specifications for Public Works Construction, as amended; and restoration of all landscaping and other affected structures such as sprinkler systems and mailboxes. (6) Restoration of the entire excavation site to the specifications and requirements set forth herein and to the NCTCOG specifications, when applicable. (7) Restoration of all landscaping, ground cover, and sprinkler systems. (8) Restoration of any damaged traffic-control devices, including but not limited to embedded loop detectors, pavement markings, underground conduits, and signs. (9) Restoration of special street, sidewalk, or drive approach surfaces designed to present unique visual images, color, or designs (regardless of the type, color, pattern, or texture of special material or process used) must be done so that the restoration matches the color, texture, and pattern of the surrounding special surfaces. (10) All locate flags shall be removed during the cleanup process by the provider or its contractor at the completion of the construction. (11) Restoration must be made in a timely manner as specified by the town in the permit and must be to the reasonable satisfaction of the director. (12) The surface or subsurface of any street within the town disturbed by the provider in building, constructing, renewing, or maintaining its facilities shall be restored within a reasonable time after completion of the work in compliance with town codes, rules, standards or other applicable provisions of law and maintained to the satisfaction of the town council, or of any town official to whom such duties have been or may be delegated, for a period of two (2) years following completion of the restoration, after which time responsibility for the maintenance shall revert to the town. No such street, avenue, alley, highway, viaduct or public ground shall be encumbered for a longer period than shall be necessary to execute the work. (13) If the backfill on a construction site settles at any time during the two (2) year period after completion of construction, causing subsidence of the ground equal to or greater than one-half inch (1/2") vertically, measured in any three-foot horizontal direction, the provider shall fill and level such site within five (5) business days of notice by the town. If the repair work is not completed within such time period, the town may perform such work. The provider shall reimburse the town for the actual costs incurred by the town in the performance of the work, including reasonable costs of collection of such sum. (Ordinance 2001-13, sec. VIII, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.08) Town Council Page 899 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-36 Sec. 13.04.010 Warning devices; emergency contact (a) Warning devices during construction. During all construction, the provider shall maintain reasonable barriers, lights, and other warning devices to the users of the streets or right-of-way in compliance with applicable government regulations requiring and pertaining to such barriers or as reasonably requested by the director. Should it become necessary to impede the normal flow of vehicular or pedestrian traffic, the provider shall employ roadway closure or partial closure practices as delineated in the state Manual of Uniform Traffic Control Devices, as amended, and in the codes and standards established by the town, and shall submit an alternate traffic routing plan to the town’s department of public safety prior to implementing its proposed plan. (b) Emergency contact. The provider shall provide the director with a twenty-four (24) hour emergency telephone number at which a named responsible adult representative of the provider (not voice mail or a recording) can be accessed in the event of an emergency. (Ordinance 2001-13, sec. IX, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.09) Sec. 13.04.011 Responsibilities of provider (a) Utility notification program. The provider shall participate in and be a member of the state’s utility notification program, whether provided for by statute or otherwise. (b) Provider’s responsibility for facilities. (1) A provider shall: (A) Properly construct, install, operate, repair, relocate, upgrade, and maintain its facilities existing within the right-of-way; and (B) Repair or restore any damage to other facilities, the right-of-way, or private property that occurs as a result of improper construction, installation, operation, repair, relocation, upgrade, or maintenance of the facilities in the right-of-way. (2) Facilities shall be considered to be improperly constructed, installed, operated, repaired, relocated, upgraded, or maintained if: (A) The construction, installation, operation, repair, relocation, upgrade, or maintenance endangers public health or safety or creates a public inconvenience; (B) The facilities encroach upon private property for which the provider has not obtained an easement or other legal authority to encroach upon such private property or the facilities extend outside the right-of-way location designated in the permit; (C) Above-ground facilities located within the right-of-way are less than one and one-half feet from the face of the curb or less than six inches (6") from a sidewalk; Town Council Page 900 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-37 (D) The construction, design, or configuration of the facilities does not comply with applicable local, state, or federal laws or regulations; (E) The construction, installation, operation, repair, relocation, upgrade or maintenance in the right-of-way is conducted in a manner that damages private property or another provider’s facilities; (F) The facilities are not capable of being located or maintained using standard practices; or (G) The facilities are placed in an area that interferes with another provider’s facilities. (Ordinance 2001-13, sec. X, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.10) Sec. 13.04.012 Insurance (a) Types and limits. During the term of this article, providers, other than governmental entities, shall maintain, or cause to be maintained, in full force and effect and at its sole cost and expense, the following types and limits of insurance: (1) Worker’s compensation insurance meeting state statutory requirements and employee’s liability insurance with minimum limits of five hundred thousand dollars ($500,000.00) for each accident. (2) Comprehensive commercial general liability insurance with minimum limits of five million dollars ($5,000,000.00) as the combined single limit for each occurrence of bodily injury, personal injury and property damage. The policy shall provide blanket contractual liability insurance for all permits, and shall include coverage for products and completed operations liability, independent contractor’s liability, and coverage for property damage from perils of explosion and collapse or damage to underground utilities, commonly known as XCU coverage. (3) Automobile liability insurance covering all owned, hired, and non-owned vehicles in use by the provider, its employees and agents, with personal protection insurance and property protection insurance to comply with the provisions of the Texas No-Fault Insurance Law, including residual liability insurance with minimum limits of five million dollars ($5,000,000.00) as the combined single limit for each occurrence for bodily injury, personal injury and property damage. (4) At the start of and during the period of any construction, builder’s all-risk insurance, providing coverage on all buildings and structures which will be installed or constructed as part of the facilities together with an installation floater or equivalent property coverage covering cables, materials, machinery and supplies of any nature whatsoever which are to be used in or incidental to the construction of the facilities. (5) Upon completion of the construction of the facilities, the provider shall substitute for the foregoing insurance policies of fire, extended coverage and vandalism and malicious mischief insurance on the entire completed system. The amount of insurance at all times shall be representative of the insurable values installed or constructed. Town Council Page 901 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-38 (6) All policies other than those for worker’s compensation shall be written on an occurrence and not on a claims-made basis. (7) The coverage amounts set forth above may be met by a combination of underlying and umbrella policies, so long as in combination the limits equal or exceed those stated. (b) Named insureds. All policies, except for business interruption and worker’s compensation policies, shall name the “Town of Trophy Club, a municipal corporation of the State of Texas, and all associated, affiliated, allied and subsidiary entities of the Municipality, now existing or hereafter created, and their respective officers, boards, commissions, employees, agents and contractors, as their respective interests may appear” as additional insureds (herein referred to as the “additional insureds”). Each policy which is to be endorsed to add additional insureds hereunder shall contain cross-liability wording as follows: “In the event of a claim being made hereunder by one insured for which another insured is or may be liable, then this policy shall cover such insured against whom a claim is or may be made in the same manner as if separate policies had been issued to each insured hereunder.” (c) Evidence of insurance. Certificates of insurance for each insurance policy required to be obtained by the provider in compliance with this section, along with written evidence of payment of required premiums, shall be filed and maintained with the town annually during the term of this article. The provider shall immediately advise the indemnitees of any claim or litigation that may result in liability to them. (d) Cancellation of policy. All insurance policies maintained pursuant to this article shall contain the following endorsement: “At least sixty (60) days’ prior written notice shall be given to the Town of Trophy Club by the insurer of any intention not to renew such policy or to cancel, replace or materially alter same, such notice to be given by registered mail.” (e) Acceptable insurance companies. All insurance shall be effected under valid and enforceable policies, insured by insurers licensed to do business in the state or surplus line carriers on the state insurance commission’s approved list of companies qualified to do business in the state. All insurance carriers and surplus line carriers shall be rated A+ or better by A.M. Best Provider. (f) Deductibles. All insurance policies may be written with retainages and deductibles, not to exceed fifty thousand dollars ($50,000.00) unless approved in advance by the town in writing. The provider agrees to indemnify and save harmless the indemnitees and additional insureds from and against the payment of any retainage or deductible and from the payment of any premium on any insurance policy required to be furnished by this article. (g) Proof of insurance. The provider shall furnish the town with proof of insurance at the time of application for construction permits. In lieu of providing proof of insurance with each permit application, the provider may annually file with the town current proof of insurance that extends to all projects within the town, including the project for which the permit is requested. The town reserves the right to review the insurance requirements and to reasonably adjust insurance coverage and limits when the director determines that changes in statutory law, court decisions, or the claims history of the industry or the provider requires adjustment of the coverage. For purposes of this section, the town will accept certificates of self-insurance issued by the state or letters written by the agency in those instances where the state does not issue such letters, which Town Council Page 902 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-39 provide the same coverage as required herein. Upon the request of the town, the provider shall submit documentation from a qualified person stating that the self-insurance submitted provides the same coverage as required herein for insurance policies or that the insurance coverage provided by the provider complies with all requirements of this article. (Ordinance 2001-13, sec. XI, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.11) Sec. 13.04.013 Governing law This article shall be construed in accordance with town codes in effect on the date of passage of this article to the extent that said ordinances are not in conflict with or in violation of the constitution and laws of the United States or the state. (Ordinance 2001-13, sec. XIII, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.13) Sec. 13.04.014 Indemnification of town (a) Except as to certificated telecommunications providers, as defined by section 283.002(2) of the Texas Local Government Code, each provider placing facilities in the right-of-way shall agree to promptly defend, indemnify and hold the town harmless from and against all damages, costs, losses or expense: (1) For the repair, replacement, or restoration of the town’s property, equipment, materials, structures and facilities which are damaged, destroyed or found to be defective as a result of the provider’s acts or omissions, (2) From and against any and all claims, demands, suits, causes of action, and judgments for: (A) Damages to or loss of the property of any person (including but not limited to the provider, its agents, officers, employees and subcontractors, the town’s agents, officers and employees and third parties); and/or (B) Death, bodily injury, illness, disease, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the provider, the provider’s subcontractors and the town and third parties) arising out of, incident to, concerning or resulting from the negligence or willful act or omissions of the provider, its agents, employees, and/or subcontractors, in the performance of activities pursuant to this article. (b) This indemnity provision shall not apply to any liability resulting from the intentional conduct or negligence of the town or its officers, employees, agents, contractors, or subcontractors. The indemnity provision in section 283.057 of the Texas Local Government Code and amendments thereto shall apply to all certificated telecommunications providers. (Ordinance 2001-13, sec. XIV, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.14) Sec. 13.04.015 Surety bond (a) Before a permit as provided in this article is issued, and unless waived by the town council, or unless exempt from these requirements by law, the applicant shall deposit with the director a surety bond in the amount of $25,000.00 payable to the town. The director shall have the right to Town Council Page 903 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-40 reduce the amount of the bond if he/she determines in his/her sole discretion that the prescribed amount would be unreasonable in the light of the scope and costs of the work. The required surety bond must be: (1) With good and sufficient surety. (2) By a surety company authorized to transact business in the state. (3) Satisfactory to the town attorney in form and substance. (4) Conditioned upon the provider’s compliance with this article and to secure and hold the town and its officers harmless against any and all claims, judgments, or other costs arising from the excavation and other construction work covered by the excavation permit or for which the town, the town council, or any town officer may be made liable by reason of any accident or injury to persons or property through the fault of the provider either in not properly guarding the excavation or for any other injury resulting from the negligence of the provider, and further conditioned to fill up, restore and place in good and safe condition as near as may be to its original condition, and to the satisfaction of the director, all openings and excavations made in the streets or right-of-way, and to maintain any street or right-of-way where excavation is made in as good condition for the period of two (2) years after such work shall have been done and accepted by town, usual wear and tear excepted, as it was in before such work shall have been done. Any settlement of or upheaval of the surface within such two (2) year period shall be deemed conclusive evidence of defective backfilling by the provider. Nothing contained in this subsection shall be construed to require the provider to maintain any repairs to pavement made by the town if such repairs should prove defective. Any owner of real estate repairing or engaging another to repair his own sidewalk shall not be required to give such bond. In the event of any suit or claim against the town by reason of the negligence or default of the provider, upon the town’s giving written notice to the provider of such suit or claim, any final judgment against the town requiring it to pay for such damage shall be conclusive upon the provider and his surety. (b) In lieu of providing a surety bond with each permit application, an applicant may elect to provide a two (2) year surety bond meeting all of the requirements of this section which is applicable to all excavation work in the right-of-way performed by or on behalf of the principal. (Ordinance 2001-13, sec. XV, adopted 6/4/01; 2006 Code, ch. 11, sec. 1.15) Sec. 13.04.016 Director’s authority; enforcement; offenses (a) Director’s authority. The director is authorized to administer and enforce the provisions of this article and to promulgate regulations, including but not limited to engineering, technical, and other special criteria and standards, to aid in the administration and enforcement of this and any other applicable town code or state or federal law, rule, or regulation. (b) Inspections. The director is authorized to enter upon a construction site within the right-of- way, upon public property, or, where necessary, upon private property adjacent to a construction site within the public right-of-way, for purposes of inspection to determine compliance with this article or a permit issued hereunder. Town Council Page 904 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-41 (c) Failure to obtain permit; noncompliance. A person commits an offense if he: (1) Performs, authorizes, directs, or supervises construction without a valid permit as required by this article; (2) Violates any provision of this article; (3) Fails to comply with restrictions or requirements of a permit issued under this article; or (4) Fails to comply with an order or regulation of the director issued pursuant to this article. (d) Damaging property; failure to clear debris. A person commits an offense if, in connection with the performance of construction in the public right-of-way, he: (1) Damages the public right-of-way beyond what is incidental or necessary to the performance of the construction; (2) Damages public or private facilities within the public right-of-way; or (3) Fails to clear debris associated with the construction from a public right-of-way after construction is completed. (e) Defenses. It is a defense to prosecution under subsection (d)(2) of this section if the person complied with all of the requirements of this article and state law and the damage was caused because the facilities in question: (1) Were not shown or indicated in a plan document, plan of record, record construction drawing, or field survey, staking or marking; and (2) Could not otherwise be discovered in the public right-of-way through the use of due diligence. (f) Culpability. A culpable mental state is not required to prove an offense under this article. A person who violates a provision of this article is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued, authorized, directed, or permitted. An offense is punishable by a fine of not more than $500.00. (Ordinance 2001-13, sec. XVI, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.16) Sec. 13.04.017 Venue Venue for any proceeding under this article shall be in Denton County, Texas, unless an alternate venue is required by law. (Ordinance 2001-13, sec. XVII, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.17; Ordinance adopting Code) Town Council Page 905 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 13: Utilities 13-42 Sec. 13.04.018 Service of notices to town For any purpose related to this article, notice to the town shall be to the: Town Manager and Mayor Town of Trophy Club, Texas 100 Municipal Drive Trophy Club, Texas 76262 (Ordinance 2001-13, sec. XVIII, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.18) Town Council Page 906 of 1236 Meeting Date: February 9, 2016 14-1 CHAPTER 14 ZONING ARTICLE 14.01 GENERAL PROVISIONS.............................................................................14-7 ARTICLE 14.02 ZONING ORDINANCE.................................................................................14-7 Division 1. Generally...............................................................................................................14-7 Sec. 14.02.001 Short title.............................................................................................14-7 Sec. 14.02.002 Purpose................................................................................................14-7 Sec. 14.02.003 Official zoning map.............................................................................14-7 Sec. 14.02.004 Rules for interpretation of district boundaries.....................................14-8 Sec. 14.02.005 General provisions...............................................................................14-9 Sec. 14.02.006 Newly annexed territory....................................................................14-10 Sec. 14.02.007 Zoning designation of vacated streets and alleys..............................14-10 Sec. 14.02.008 Water areas........................................................................................14-10 Division 2. Definitions..........................................................................................................14-10 Sec. 14.02.051 Catchlines..........................................................................................14-10 Sec. 14.02.052 General definitions............................................................................14-11 Division 3. Establishment of Districts...................................................................................14-28 Sec. 14.02.101 District classifications.......................................................................14-28 Sec. 14.02.102 Classification of new and unlisted properties....................................14-29 Sec. 14.02.103 Use table............................................................................................14-30 Division 4. District Regulations............................................................................................14-33 Sec. 14.02.151 R-15 Single-Family District regulations............................................14-33 Sec. 14.02.152 R-12 Single-Family District regulations............................................14-36 Sec. 14.02.153 R-11 Single-Family District regulations............................................14-39 Sec. 14.02.154 R-10 Single-Family District regulations............................................14-42 Sec. 14.02.155 R-9 Single-Family District regulations..............................................14-45 Sec. 14.02.156 R-8 Single-Family District regulations..............................................14-48 Sec. 14.02.157 R-FV Single-Family District regulations..........................................14-51 Sec. 14.02.158 R-TT Twenty in Trophy Single-Family District regulations.............14-54 Sec. 14.02.159 R-OH Oak Hill Single-Family District regulations...........................14-56 Sec. 14.02.160 R-OHP Oak Hill Patio Single-Family District regulations...............14-59 Sec. 14.02.161 R-S Summit Single-Family District regulations................................14-62 Sec. 14.02.162 MH HUD-Code Manufactured Home and Industrialized Housing District regulations..........................................................................14-65 Sec. 14.02.163 PD Planned Development District regulations..................................14-70 Sec. 14.02.164 NS Neighborhood Service District regulations.................................14-74 Sec. 14.02.165 CG Commercial General District regulations...................................14-77 Sec. 14.02.166 CR Commercial Recreation District regulations...............................14-82 Sec. 14.02.167 PO Professional Office District regulations......................................14-87 Sec. 14.02.168 GU Government Use District regulations.........................................14-92 Sec. 14.02.169 H Historic Landmark District regulations.........................................14-94 Division 5. Supplementary District Regulations...................................................................14-95 Sec. 14.02.251 Temporary uses.................................................................................14-95 Sec. 14.02.252 Sale of alcoholic beverages...............................................................14-97 Town Council Page 907 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-2 Sec. 14.02.253 Accessory structures and uses.........................................................14-105 Sec. 14.02.254 Height limits....................................................................................14-109 Sec. 14.02.255 Required yards.................................................................................14-109 Sec. 14.02.256 Projections into required yards........................................................14-110 Sec. 14.02.257 Right-of-way and easement dedication requirements......................14-110 Sec. 14.02.258 Nonconforming uses and structures................................................14-110 Sec. 14.02.259 Site plan requirements.....................................................................14-113 Sec. 14.02.260 Wireless antennas and antenna facilities.........................................14-114 Sec. 14.02.261 Home occupations...........................................................................14-124 Sec. 14.02.262 Oil and gas well drilling and production.........................................14-125 Division 6. Conditional and Specific Uses..........................................................................14-139 Sec. 14.02.301 Conditional use permits...................................................................14-139 Sec. 14.02.302 Specific use permit..........................................................................14-142 Division 7. Development and Design Standards.................................................................14-145 Sec. 14.02.351 Fencing, retaining walls and screening............................................14-145 Sec. 14.02.352 Landscaping regulations..................................................................14-154 Sec. 14.02.353 Off-street parking regulations..........................................................14-161 Sec. 14.02.354 Off-street loading regulations..........................................................14-164 Sec. 14.02.355 Parking and loading area development standards for nonresidential uses.........................................................................14-165 Division 8. Administration and Enforcement......................................................................14-166 Sec. 14.02.401 Administration and enforcement.....................................................14-166 Sec. 14.02.402 Certificates of occupancy and compliance......................................14-169 Sec. 14.02.403 Amendments....................................................................................14-169 Sec. 14.02.404 Planning and zoning commission....................................................14-171 Sec. 14.02.405 Zoning board of adjustment.............................................................14-173 Sec. 14.02.406 Public hearings................................................................................14-175 Sec. 14.02.407 Exceptions and exemptions not required to be negated...................14-175 Sec. 14.02.408 Penalty.............................................................................................14-176 Division 9. Illustrations.......................................................................................................14-176 Sec. 14.02.451 First floor designation and measurement of height of structure......14-176 Sec. 14.02.452 Height measurement for primary structure and accessory building..........................................................................................14-177 Sec. 14.02.453 Determining setback distance along curved property lines.............14-177 Sec. 14.02.454 Method of measuring front yard......................................................14-178 Sec. 14.02.455 Front yard where zoning changes in a block...................................14-178 Sec. 14.02.456 Lot width.........................................................................................14-179 Sec. 14.02.457 Lot depth..........................................................................................14-179 Sec. 14.02.458 Yards...............................................................................................14-180 Sec. 14.02.459 Obstruction zones............................................................................14-180 Sec. 14.02.460 Sight distance zone (plan view).......................................................14-181 ARTICLE 14.03 OIL AND GAS WELLS.............................................................................14-181 Division 1. Generally...........................................................................................................14-181 Sec. 14.03.001 Penalty.............................................................................................14-181 Sec. 14.03.002 Development site plan requirements...............................................14-181 Division 2. Drilling and Production Standards....................................................................14-183 Sec. 14.03.031 Applicability....................................................................................14-183 Sec. 14.03.032 General standards............................................................................14-183 Town Council Page 908 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-3 Sec. 14.03.033 On-site requirements.......................................................................14-183 Sec. 14.03.034 Operations and equipment practices and standards.........................14-184 Sec. 14.03.035 Storage tanks and separators...........................................................14-185 Sec. 14.03.036 Flow lines and gathering lines.........................................................14-186 Sec. 14.03.037 Additional safety and environmental requirements.........................14-186 Sec. 14.03.038 Supplemental drilling......................................................................14-187 Sec. 14.03.039 Compliance with other laws............................................................14-187 [Next page is 14-7.] Town Council Page 909 of 1236 Meeting Date: February 9, 2016 Town Council Page 910 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-7 ARTICLE 14.01 GENERAL PROVISIONS (Reserved) ARTICLE 14.02 ZONING ORDINANCE* Division 1. Generally Sec. 14.02.001 Short title This ordinance shall be known and may be cited and referred to as the “Comprehensive Zoning Ordinance” to the same effect. (Ordinance 98-29, sec. I, adopted 12/1/98; Ordinance 2000-06, sec. I, adopted 3/21/00; 2006 Code, ch. 13, sec. 1.01) Sec. 14.02.002 Purpose The zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; to provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. (Ordinance 98-29, sec. II, adopted 12/1/98; Ordinance 2000-06, sec. II, adopted 3/21/00; 2006 Code, ch. 13, sec. 1.02) Sec. 14.02.003 Official zoning map The town is hereby divided into the districts listed in section 14.02.101, District Classifications, as shown on the official zoning map, which zoning map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance. (1) The official zoning map shall be identified by the signature of the mayor attested by the town secretary, and bearing the seal of the town under the following words: “This is to certify that this is the Official Zoning Map referred to in section 1.03, Official Zoning Map, of Ordinance Number 2000-06, of the Town of Trophy Club, Texas” together with the date of the adoption of this ordinance. * Editor’s note–This article consists of the zoning ordinance previously published as chapter 13 in the 2006 Code of Ordinances, derived from Ordinance 2000-06 P&Z, adopted March 21, 2000, as amended. Section numbers, style, capitalization and formatting have been changed to be consistent with the remainder of the Code of Ordinances, and this will be maintained in future amendments to this chapter. The term “Town of Trophy Club” has been changed to “town.” Changes in the names of state agencies have been incorporated without notation. Obviously misspelled words have been corrected without notation. Except for these changes, such ordinance is printed herein as published in the 2006 Code. Any other material added for purposes of clarification is enclosed in brackets. Charter references–Municipal planning and zoning, article VIII; powers relating to zoning, section 8.01; planning and zoning commission, section 8.03 et seq.; board of adjustment, section 8.05. Town Council Page 911 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-8 (2) If, in accordance with the provisions of this ordinance, changes are made in district boundaries or other matters, the same shall be portrayed on the official zoning map promptly after the amendment has been approved by the town council. No amendments to this ordinance which involve matters portrayed on the official zoning map shall become effective until after such change and entry has been made on said map. (3) No changes of any nature shall be made on the official zoning map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance. (4) Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map, which shall be located in the office of the planning and zoning administrator, shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the town. (Ordinance 98-29, sec. III, adopted 12/1/98; Ordinance 2000-06, sec. III, adopted 3/21/00; 2006 Code, ch. 13, sec. 1.03) Sec. 14.02.004 Rules for interpretation of district boundaries Where uncertainty exists as to the boundaries of zoning districts as shown on the official zoning map, the following shall apply: (1) Boundaries indicated as approximately following the centerlines of streets, highways or alleyways shall be construed to follow centerlines. (2) Boundaries indicated as approximately following platted lot lines shall be construed as following the said lot lines. (3) Boundaries indicated as following town limit lines shall be construed as following such town limits. (4) Boundaries indicated as following shorelines of bodies of water shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines. (5) Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (4) above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map. (6) Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map or in other circumstances not covered by Town Council Page 912 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-9 subsections (1) through (5) above, the zoning board of adjustment shall interpret the district boundaries. (Ordinance 98-29, sec. IV, adopted 12/1/98; Ordinance 2000-06, sec. IV, adopted 3/21/00; 2006 Code, ch. 13, sec. 1.04) Sec. 14.02.005 General provisions (a) Territorial application. The regulations and restrictions in this ordinance shall apply to all buildings, structures, land and uses within the corporate limits of the town. (b) General application. After the effective date of this ordinance, all buildings and structures erected, remodeled, altered and/or relocated and any use of land, buildings or structures established shall comply with the applicable provisions of this ordinance. Existing buildings, structures and uses of land not complying with the provisions of this ordinance may continue subject to the provisions of section 14.02.258, Nonconforming Uses and Structures. (c) General prohibition. No building or structure; no use of any building, structure or land; and no lot of record or zoning lot, now or hereafter existing, shall hereafter be established, altered, moved, divided or maintained in any manner except as authorized by the provisions of this ordinance. (d) Private agreements. This ordinance is not intended to abrogate, annul or otherwise interfere with any easement, covenant or private agreement; provided, however, that where the regulations of this ordinance are more restrictive or impose higher standard or requirements than such easement, covenants or other private agreements, the regulations of this ordinance shall govern. (e) Other laws and regulations. The provisions of this ordinance shall be considered the minimum requirements for the promotion of the public health, safety, comfort, morals and general welfare. Where the provisions of this ordinance impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this ordinance shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this ordinance, the provisions of such statute, other ordinance or regulation shall be controlling. (f) Applicability/building permits issued prior to effective date. This ordinance shall not invalidate any unexpired building permits properly issued prior to the effective date of this ordinance pursuant to which construction has commenced; provided, however, that if any building, structure or use constructed or established pursuant to such building permit does not comply with the provisions of this ordinance, such building, structure or use shall be subject to the provisions of section 14.02.258, Nonconforming Uses and Structures. (g) Applicability - Pending applications. From and after the effective date of this ordinance, the provisions of this ordinance shall apply to all pending applications upon which no final decision has been made. (h) Appendix. The attached appendix is hereby made a part of this ordinance. However, all illustrations are intended to represent graphic descriptions only. The text of this ordinance shall Town Council Page 913 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-10 govern in the event of any conflict that may exist or occur between the illustrations located in the appendix and the text of this ordinance. Editor’s note–The illustrations referred to in subsection (h) are included as division 9 of this article. (Ordinance 98-29, sec. V, adopted 12/1/98; Ordinance 2000-06, sec. V, adopted 3/21/00; 2006 Code, ch. 13, sec. 1.05) Sec. 14.02.006 Newly annexed territory All territory added or annexed to the town after the date of passage of this ordinance shall be automatically classified for R-15 Single-Family District purposes until permanently zoned by the governing body of the town. The town planning and zoning commission shall, as soon as practicable after annexation of any territory to the town, institute proceedings on its own motion to give the newly annexed territory a permanent zoning, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations. (Ordinance 98-29, sec. VI, adopted 12/1/98; Ordinance 2000-06, sec. VI, adopted 3/21/00; 2006 Code, ch. 13, sec. 1.06) Sec. 14.02.007 Zoning designation of vacated streets and alleys Whenever any street, alley or other public way is vacated by official action of the town council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacated street, alley or public way and all areas included in the vacated street, alley or public way shall then and thenceforth be subject to all regulations of the extended district. (Ordinance 98-29, sec. VII, adopted 12/1/98; Ordinance 2000-06, sec. VII, adopted 3/21/00; 2006 Code, ch. 13, sec. 1.07) Sec. 14.02.008 Water areas The water surface and the land under the water surface of all rivers, waterways, ponds, lakes and other water areas in the town not otherwise zoned are hereby placed in the same zoning district as the land on which such water areas abut, as shown on the official zoning map. Where the zoning districts shown on the official zoning map are different on opposite sides of a water area, then the zoning district boundary shall be at the centerline or midpoint of the water area. (Ordinance 98- 29, sec. VIII, adopted 12/1/98; Ordinance 2000-06, sec. VIII, adopted 3/21/00; 2006 Code, ch. 13, sec. 1.08) Secs. 14.02.009–14.02.050 Reserved Division 2. Definitions Sec. 14.02.051 Catchlines The catchlines of the several sections of this ordinance immediately following each section number or subsection letter or number are intended as mere catchwords to indicate the contents of the section or subsection, and shall not be deemed or taken to be titles of such sections nor as any part of the section nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (Ordinance 98-29, sec. IX, adopted 12/1/98; Ordinance 2000-06, sec. IX, adopted 3/21/00; 2006 Code, ch. 13, sec. 2.01) Town Council Page 914 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-11 Sec. 14.02.052 General definitions (a) The following words, when used in this ordinance, shall have the meanings respectively ascribed to them in this section, unless such definition would be inconsistent with the manifest intent of the planning and zoning commission and the town council or where the context of this ordinance clearly indicates otherwise: Accessory building or accessory structure. A subordinate building or structure of masonry and/or wood construction, detached from the main building, and customarily incidental to the principal building. Accessory use. A use subordinate to and incidental to the principal use. Acreage, gross. The total acreage of a subdivision, including areas dedicated to the public use, such as streets and alley rights-of-way and open spaces, but not including public parks. Acreage, net. The total acreage of a subdivision less those areas dedicated to public use, such as street and alley rights-of-way, open spaces and public parks. Provided, however, that easements shall be included in net acreage calculations. Airport. A landing facility for aircraft approved by the United States Federal Aviation Agency. Alcoholic beverage. Alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. Alley. A public way, public space or thoroughfare which affords only secondary means of access to property abutting thereon. Animal pound/shelter (private). A facility for the incarceration of small domestic animals for short periods of time. 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. Antique shop. An establishment offering for sale, within a building articles such as glass, china, furniture or similar furnishing and decorations which have value and significance as a result of age, design or sentiment. Apartment. A room or suite of rooms arranged, designed or occupied as a residence by a single family, individual or groups of individuals. Apartment house. 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. Arbor. An open framework designed to offer shade, with latticework that also serves as a trellis on which climbing plants can grow. Architectural grade metal. A non-flat, non-reflective metal panel specifically designed for the use as a fence. Town Council Page 915 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-12 Area of lot. The net area of the lot and shall not include portions of streets and alleys. Art studio. An area for the collection, display, distribution, or instruction of objects of art. Art supply store. An establishment offering for sale those materials used by conventional artists for the preparation of their art form. Attached. Any structure that shares a common wall or foundation with the primary structure. Bakery or retail confectionery store. An establishment that prepares baked foods and prepared candies on-site or from a wholesale supplier for the purpose of retail sales. Bank or financial institution. An establishment, open to the public, for the deposit, custody, loan, exchange or issue of money, the extension of credit and/or facilitating the transmission of funds and other financial services and that is licensed by the appropriate state or federal agency as a bank, savings and loan association, or credit union. This excludes pawnshops, check cashing businesses, and payday advance/loan businesses. Basement. A building story which is partly underground and having at least one-half (1/2) of its height below the average level of the adjoining ground. Bedroom. A room in a dwelling other than a kitchen, dining room, living room, bathroom, closet[,] den, or sunroom which is used primarily for sleeping. Blind fence or wall. A fence or wall through which a person is unable to see standing six (6) feet from such fence or wall at ground level. Block. An area within the town enclosed by streets and occupied by or intended for buildings; or, if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two (2) streets which intersect said street on said side. Breezeway. A covered passage one story in height connecting a main structure and an accessory building. Buildable area. That portion of a building site exclusive of the required yard areas on which a structure or building improvements may be erected, and including the actual structure, driveway, parking lot, pool, and other construction as shown on a site plan. Building. A structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. Building official. The building official for the town or his or her designee. Building setback line. A line parallel or approximately parallel to the street line and beyond which a building or structure may not be erected, encroach or project. Cabana. A secondary structure on a lot incidental to a swimming pool or recreational area, but excluding sleeping and cooking facilities. Town Council Page 916 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-13 Carport. A permanent roofed structure entirely open on at least two sides, designed or used to shelter not more than two private passenger vehicles. Cemetery or mausoleum. An area or structure designed to contain the remains of humans for permanent interment. Children’s playhouse. A noncommercial single-story structure of less than one hundred twenty (120) square feet used exclusively for the recreational purpose for children. Said structure shall in no way be used for habitation. Church. A place of worship and religious training of recognized religions, including the on-site housing of ministers and families, priests, rabbis and nuns. Clinic. An institution or facility for examining, consulting with or treating patients, including offices, laboratories and outpatient facilities, but not including hospital beds and rooms for acute or chronic care. Club. An association of persons for promotion of some common object, such as literature, science or good fellowship, and jointly supported by its members and carrying the privilege of exclusive use of a club building and premises. 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. Commercial. Any business, other than a home occupation or manufacturing business, which involves the exchange of goods or services for the remuneration of a person occupying the premises upon which the transaction or part thereof takes place. Commercial amusement. An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge. Community festival. A function or occasion that is endorsed by the town council held at a central location where scheduled activities are held or performed for the benefit of the community. Community garage sale. A coordinated event, which includes as participants any number of residents of the town participating together by simultaneously conducting garage sales that are sponsored by a bona-fide and recognized nonprofit civic organization. Comprehensive plan. The comprehensive land use plan of the town and includes any unit or a part of such unit separately adopted and any amendment to such plan or parts thereof. 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. Condominium. The separate ownership of single units or apartments in a multiple-unit structure or structures with common elements as defined in V.T.C.A., Property Code, chapter 82, as amended. Convalescent home. Any structure, other than a hospital, used for or occupied by persons recovering from illness or suffering from the infirmities of old age. Town Council Page 917 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-14 Convent. Residence of nuns and other accessory activities which are associated therewith. Corner lot. A lot situated at the junction of two (2) or more streets. Country club. An area containing a golf course and a clubhouse available only to the membership of the country club and their guests, including facilities for dining and entertainment, swimming, tennis and similar recreational facilities and services. Crafts and hobby shops. A retail establishment which displays and/or offers for sale objects or portions of objects relating to recreational activities. Cul-de-sac. A short, minor street having but one outlet to another street and terminating on the opposite end by an appropriate vehicular turnaround as shown in the town subdivision regulations. Cultural building and facilities. A building or complex of buildings that house cultural facilities owned and/or operated by a governmental agency or private nonprofit agency. Day care center or nursery. 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” or “day nursery” 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. Day care (in a private home). The care of no more than three (3) children, not a part of the family, in a residential structure. Such care being provided by a resident of the structure. 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. Decorative street pavement. The physical construction or treatment of streets such that the aesthetic quality of the street is enhanced. Enhancements may include or consist of stamped concrete, decorative pavers, colored concrete or a combination thereof. Dedication. The setting aside of a lot, parcel, or tract of land for a special use by the public. Such setting aside shall constitute a transfer of ownership from the current owner to the town and shall be accomplished through platting the property or by a special instrument. Depth of front yard. The minimum distance from the front lot line to the front line of a building. Depth of rear yard. The mean horizontal distance between the rear line of a building other than an accessory building and the rear lot line. Design standards. The (i) subdivision regulations of the town, (ii) standards for paving, drainage and utility improvements, and (iii) any other ordinances, regulations or rules of the town relating to standards for the construction of paving, drainage or other utility improvement. Town Council Page 918 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-15 Detached. Any structure that does not share a common wall or foundation with the primary structure. Development. The construction of one or more new buildings or structures on one or more building lots, or the use of open land for a new use. “To develop” shall mean to create development. 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. District. A section of the town for which the regulations governing the area, height and use of buildings are uniform. Drip line. A vertical line run through the outermost portion of the crown of a tree and extending to the ground. Dry cleaner, pick-up and drop-off. A retail establishment where fabrics are cleaned with substantially non-aqueous solvents. Dry cleaning plant. A commercial laundry or cleaning plant doing cleaning or laundry for off- premises service outlets and retail establishments. Duplex. A detached building having separate accommodations for two (2) single-family dwellings or occupied by two (2) families. Dwelling. An enclosed building or portion thereof having accommodations for only one family or occupied by one family. Easement. A right of a person, government agency, or public utility to use public or private land, which is owned by another person, government agency, or public utility, for a specific purpose. Efficiency apartment. A dwelling unit in a multifamily structure, consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities, and having a minimum of six hundred square feet (600 sq. ft.) of floor area. A habitable room shall be defined as being a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, shall not be considered habitable space. Electrical generating station. A facility designed to convert electrical current from other energy sources for consumption by dwellings and other structures. Electrical substation. A facility designed to convert electrical current to a different phase or voltage prior to consumption by dwellings and other structures. Electrical transmission line. A high voltage line used to transmit electrical current to or between electrical substations or over long distances and customarily associated with towers. Town Council Page 919 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-16 Enclosed building. A structure which is floored, roofed and surrounded by outside walls, which contains no opening larger than one hundred twenty (120) square feet in area normally open to the air and which contains no series of openings forming a divided opening larger than one hundred twenty (120) square feet in area normally open to the air. Engineer. A person duly authorized under the provisions of the Texas Engineering Registration Act, as amended, to practice the profession of engineering. Extended 72-hour maximum stay surgery center. Any facility that operates primarily to provide outpatient based diagnostic treatment and medical/surgical intervention to patients and patrons requiring medical treatment with provisions for extended, monitored recovery beyond twenty- four hours. Such facilities may include provisions for extended recovery and medical monitoring for elective surgical procedures and elective medical intervention. The extended stay facility will meet the environment of care for an institutional medical/surgical facility. The facility focus shall primarily address low to medium acuity cases as a component of primary care and elective care. Due to the primary and elective medical focus, the extended 72-hour maximum stay facility shall not include emergency care beyond the limits of first aid treatment. Additionally, the extended stay facility shall not allow helipads or heliports associated with traditional medical facilities where emergency treatment is primary. 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. Family. Any number of individuals living together as a single family housekeeping unit in which not more than three (3) individuals are unrelated by blood, marriage, adoption or foster assignment. Family home. Shall have the meaning as defined by chapter 42 of the Texas Human Resources Code. 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. Fire or police station. A facility designed to provide public protection from the dangers of fire and crime. First floor. The highest story of a building having its interior floor surface at ground level or not more than four feet (4') above ground level. Such ground level shall represent the average level along the side of the building having the lowest ground elevation, and shall be measured at a maximum of four feet (4') from the building. The first floor in a single-family residential building shall be designated as the main living area. In a split-level residence, the floors located below and above the first floor shall be designated as half (1/2) floors. Florist shop. A shop offering flowers, flower arrangement services and associated products for sale. Four-plex or quad-plex. A detached building containing four (4) single-family attached dwellings. Town Council Page 920 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-17 Front yard. An open, unoccupied space on a lot facing a street and extending across the front of the lot between the side yard lines and being the minimum horizontal distance between the street line and the principal building or any projection thereof other than the projection of normal architectural features. Garage, front entry. A structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupant of the premises, located in front of or beside the living area, the access thereto being from the front property line. Garage, private. 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, [and] shall be constructed of similar style and material as the main structure. Garage sale. A sale of previously owned domestic and household items on-site by the resident of a single-family detached dwelling. This does not include commercial retail sales. (See “Community garage sale.”) Garage, side or rear entry. A structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupant of the premises with access or door facing the side or rear property line. Said structure shall be located partially or totally behind any portion of the living area. Gazebo. A secondary structure on a lot incidental to the main residence and being an open air garden pavilion, but excluding sleeping, cooking (excepting an outdoor charcoaler or grill) and bath facilities. Golf course (commercial). A golf course, privately owned but open to the public for a fee and operated as a commercial venture. Grocery store. A retail establishment selling meats, fruits, vegetables, bakery products, dairy items, and similar products for human consumption for off-premises consumption only. Group home for the disabled. (1) A dwelling shared by four or more disabled persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which the staff person(s) provide care, education, and participation in community activities for the residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential. (2) As used herein, the term “disabled” shall mean having: (A) A physical or mental impairment that substantially limits one or more of such person’s major life activities so that such person is incapable of living independently; (B) A record of having such an impairment; or Town Council Page 921 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-18 (C) Being regarded as having such an impairment. However, “disabled” shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term “group home for the disabled” shall not include alcoholism or drug treatment centers, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration. 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. Hardware store. An establishment offering small hand tools and small building materials and associated convenience items, and personal hobby materials for sale to the general public. Height. When referring to the height of a building or portion thereof, the vertical distance measured from the average established grade at the exterior surface of the structure to the highest point of the structure, measured a maximum of four (4) feet from the exterior surface of the structure. Historic tree. A tree which has been found by the town to be of notable historic interest because of its age, type, size or historic association and has been so designated by the official records of the town. Home occupation. A home occupation is an occupation carried on in the home by a member of the occupant’s family without the employment of additional persons, without the use of a sign to advertise the occupation, without structural alterations in the building or any of its rooms, without offering any commodity or service for sale on the premises and which does not involve open storage and which does not create a nuisance to abutting residential property such as emission of odor, increased traffic or generation of light or smoke and where the use is carried on in the main structure only. Hospital. A facility or area for providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities. Hotel or motel. A building or group of buildings designed and occupied as a temporary abiding place for individuals. To be classified as a motel or 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, [and] use and upkeep of furniture. HUD-code manufactured home. A structure that was constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and including the plumbing, heating, air conditioning, and electrical systems. Town Council Page 922 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-19 Industrialized housing. A residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air conditioning, and electrical systems. The term does not include any residential structure that is in excess of three stories or forty-nine (49) feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. The term shall not mean nor apply to (1) Housing constructed of sectional or panelized systems not utilizing modular components; or (2) Any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location. Kindergarten. School for children of preschool age, in which construction [constructive] endeavors, object lessons and helpful games are prominent features of the curriculum. Laundromat. A retail establishment where fabrics are cleaned with aqueous organic solvents in machines operated by the patron. Lot. An undivided tract or parcel of land having frontage on a public street or an approved open space having direct street access, and which is, or in the future may be, offered for sale, conveyance, transfer, or improvement, which is designated as a distinct and separate tract, and which is identified by a tract, or lot number, or symbol in a duly approved subdivision plat which has been properly filed of record, as shown in the town subdivision regulations. Lot coverage. The total area of a lot upon which is placed a building, buildings or other structures. Lot depth. The length of a line connecting the midpoints of the front and rear lot lines. Lot, double frontage or through. Any lot, but not including a corner lot, with frontage on two (2) streets which are parallel to each other or within forty-five (45) degrees of being parallel to each other. Lot frontage. The length of street frontage between property lines. Lot, irregular. Any lot not having equal front and rear lot lines, or equal side lot lines; a lot, the opposite lot lines of which vary in dimension and the corners of which have an angle of either more or less than ninety (90) degrees. Lot of record. A lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk of the county where the lot is located, or a parcel of land, the deed of which was recorded in the office of the county clerk of the county where the lot is located prior to the effective date of this ordinance. Lot, reverse frontage. A corner lot, the rear of which abuts the side of another lot. Town Council Page 923 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-20 Lot width. The average distance between the side lot lines, which is normally that distance measured along a straight line connecting the midpoint of the two side lot lines. 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. Massage. Any process consisting of kneading, rubbing, or otherwise manipulating the skin of the body of a human being, either with the hand or of [by] other special apparatus, but shall not include massage by duly licensed physicians, osteopaths, chiropractors, and registered physical therapists or registered nurses or licensed vocational nurses who treat only patients recommended by a licensed physician and who operate only under such physician’s direction. The term “massage” shall not include massages authorized by the state in beauty shops and barber shops staffed by licensed barbers and beauticians. Massage parlor. Any building, room, place or establishment, other than a regularly licensed hospital, where manipulated massage or manipulated exercises are practiced upon the human body by anyone not a duly licensed vocational nurse acting at the direction of a doctor whether with or without the use of mechanical, therapeutic or bathing device, and shall include Turkish bathhouses. This term shall not include, however, duly licensed beauty parlors or barber shops or a place wherein registered physical therapists treat only patients recommended by a licensed physician and operate only under such physician’s direction. May. Shall mean discretionary, and not mandatory. Mechanical equipment. Any machinery designed or manufactured for permanent installation in one place, either outside of a building or inside of a mechanical equipment building or room. Minimum square footage of dwelling unit. The minimum square footage of living space required per dwelling unit, excluding open porches, breezeways, patios or areas designated for automobile parking, but including enclosed porches. Mobile home. A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the travel mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and including the plumbing, heating, air conditioning, and electrical systems. Modular home. A structure or building module that is manufactured at a location other than the location where it is installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and to be used as a permanent dwelling when installed and placed upon a permanent foundation system. The term includes the plumbing, heating, air conditioning and electrical systems contained in the structure. The term does not include a mobile home as defined in the Texas Manufactured Housing Standards Act, nor does it include building modules incorporating concrete or masonry as a primary component. Monastery. Residence of monks or priests and other accessory activities which are associated therewith. Town Council Page 924 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-21 Mortuary or funeral home. An establishment serving the needs of the community by providing embalming and burial services in conformance with the State of Texas statutes. Multifamily dwelling. A building or buildings containing or aggregating four or more single- family dwelling units. Natural grade or grade. The natural grade existing prior to any site preparation, grading or filling. The natural grade is that area or point adjacent and contiguous to a proposed building or structure prior to construction or placement of the same. Natural vegetation. Living plant material. Noncommercial. A person, endeavor, organization, agency, or operation that does not involve the exchange of goods or services, as a principal or secondary use, for the remuneration of a person, venture, partnership, corporation, or organization occupying the premises upon which the transaction or part thereof takes place. Nonconforming use. A building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, and which does not conform to the use regulations of the districts in which it is situated. Office, business and professional. A room or group of rooms for the provision of business and professional services, not including retail sales or production. Office, medical and dental. A room or group of rooms for the provision of medical and dental health care services, not to include other than ambulatory care. Off-street parking. Concrete surface areas upon which motor vehicles may be parked and which area has access to a public street. Opaque. A fence material that is impenetrable by light; neither transparent nor translucent. Open space. All land designated for the recreational enjoyment and/or natural beauty of the area. Outdoor advertising sign. A signboard advertising a service[,] commodity, goods, wares, merchandise or opinion not sold or offered to the public at the site upon which the signboard is located. Outdoor kitchen. May include not only a grill but also a refrigerator, cabinetry, a sink or even a wine cooler. Outside storage. The storage of commodities, goods and/or refuse outside of an enclosed building. Park. Land dedicated to, purchased by or otherwise acquired by the town for the purpose of providing public recreational and/or open areas. Pavement width. That portion of a street available for vehicular traffic; where curbs are laid, it is the portion between the face of the curbs. Town Council Page 925 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-22 Pavilion. An open structure without walls but covered with a roof. The structure may be of wood construction and shall have a roof construction consistent with residences within the town. Pawnshop. An establishment where money is loaned on the security of personal property pledged in the keeping of the pawnbroker. Pedestrian path. A paved pedestrian way generally located within the public street right-of-way, but outside of the street or roadway. Pergola. A shaded walk or passageway of columns that support cross-beams and an open lattice, upon which woody vines are grown. Perimeter plan. A map indicating the proposed areas of common land usage on a tract of land three hundred feet (300') in depth adjacent to and within the total perimeter of the district. Person. Any individual, association, firm, partnership, corporation, governmental agency, political subdivision or any other entity recognized in law. Pharmacy, drugstore, apothecary. An establishment offering over-the-counter and prescription drugs and allied products for retail sale. Photographic studio. A building or portion of a building as a place of work for a photographer. Planned development. A subdivision that consists of commercial and/or residential land uses, public land uses, and common open space and park and recreational areas, adequate to serve the needs of the tract when fully developed and populated, which is to be developed as a single entity, under unified control. Planning and zoning administrator/coordinator. The planning and zoning manager of the town or his or her designee. Plat. A final plat that has been approved by the town in accordance with the town subdivision regulations and filed in the deed records of the county where the land is located. Playground. An area used primarily for recreational purposes for children and which generally includes equipment such as, but not limited to, swing sets, slides and merry-go-rounds; provided, however, that a playground shall not mean any play area on a residential lot and used primarily by a person or persons residing on the residential lot. Premises. A piece of land or real estate owned, rented, leased, used or occupied distinct from those adjacent to the same by virtue of different ownership, rental, lease, usage or occupancy. Principal structure. A building or structure, the use of which is a principal use. Principal use. A use which, in comparison with another use occurring on the same property, has the greatest effective producing power. Private. The exclusion of those who have not been invited. Town Council Page 926 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-23 Private club. A social organization to which membership is by invitation only, and its meeting place in which only members and their guests are permitted, but excluding private clubs in which alcoholic beverages are stored, possessed or consumed. Professional service. Work performed by a member of a profession licensed as a profession by the State of Texas. Public. Promotion of a public cause or service, including utilities having a franchise from the town, but excluding other profit-making organizations. Public right-of-way. A strip of land used or intended to be used, wholly or in part, as a public street, alley, crosswalk, pedestrian path, drainageway or other public way. Public utility. Any person, corporation or other entity owning or operating for compensation within the town equipment or facilities for: (1) Producing, generating, transmitting, selling or furnishing electricity; (2) Conveying, transmitting or receiving communications over a telephone; (3) Providing, furnishing or selling water or sewer services; (4) Producing, transporting, furnishing or selling natural gas; or (5) Providing, furnishing or selling cable television. Rear yard. A space unoccupied by a principal structure extending for the full width of the lot between the principal structure and the rear lot line. Recreational vehicle campgrounds. Any premises on which one or more recreational vehicles or travel trailers are parked or situated and used for the purpose of supplying to the public a parking space for one or more such coaches or trailers. Rectory. Residence of ministers or priests and other accessory activities which are associated therewith. Religious institution. Shall be held to include a church as defined herein. Repair. The reconstruction or renewal of any part of an existing building or structure for the purpose of maintenance. Residential density. The number of dwelling units per gross acre, excluding any areas that are designated to be used for parks and open space, and other nonresidential purposes. Restaurant or cafe. A building or portion of a building, where the primary business is the on- premises sale of prepared food, with adequate facilities for the preparation of the food to be sold, the adequacy of said kitchen facilities to be based upon the seating capacity of the restaurant and the type of menu offered. Town Council Page 927 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-24 Restaurant or eating establishment (drive-in service). An establishment designed and constructed to serve food for consumption on the premises, in an automobile, or for carry-out for off-premises consumption and which establishment may or may not have on-premises dining room or counter. Restaurant with alcoholic beverage sales. A restaurant or eating establishment where alcoholic beverages are sold whose gross sales in the town from food on an annual basis at the location represent at least sixty percent of total sales. Retail store. A place where goods, wares, merchandise and commodities are sold and transferred directly to the purchaser or consumer in small quantities such as by the single yard, pound, gallon or single articles as opposed to wholesale trade. 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. Retirement home. A development facility providing dwelling units specifically designed for the needs of ambulatory persons who have retired from active vocations. School, college/university. An academic institution of higher learning, accredited or recognized by the state and offering a program or series of programs of academic study leading to a recognized degree or advanced degree. School, denominational or private. A school under the sponsorship of a private agency, corporation, or religious agency, having a curriculum generally equivalent to public elementary or secondary schools, and accredited or licensed by the State of Texas; but excluding private trade or commercial schools as herein defined. School, public. A school under the sponsorship of a public agency providing elementary or secondary curriculum, and accredited or licensed by the State of Texas; but excluding private trade or commercial schools. School, trade or commercial. An establishment other than accredited or licensed public, private or denominational school, offering training or instruction in art occupation, or trade. Screening. To conceal an object from public view by means of landscaping materials or an opaque fence. Screening wall or fence. A wall or fence, the surface of which does not contain openings more than forty (40) square inches in each one square foot of surface of such wall or fence, and which surface shall constitute a visual barrier. Servants’ quarters. An accessory dwelling located on a lot with a main residence structure and used as living quarters for persons employed on the premises only, and not for rent or use as a separate domicile of other than persons employed on the premises, and with no separate utility meters. Shall. Means mandatory, and not discretionary. Town Council Page 928 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-25 Side yard. An open unoccupied space on the same lot with a building, situated between the building and the side line of the lot, and extending through from the side street or from the front yard to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line. Single-family attached dwelling. 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. Single-family detached dwelling. An enclosed building having accommodations for and occupied by only one family, which building must of itself meet all the lot area, front yard, side yard, rear yard, height and other zoning requirements. Site plan. A map, drawing or chart showing the location of all existing and planned structures, landscaping design, ingress and egress, parking, height of structures and/or any other elements or design standards required by this ordinance or the town subdivision regulations and which has been approved in accordance with the town subdivision regulations. Specimen tree. A tree which has been determined by the town to be of high value because of its type, size or other professional criteria, and which has been so designated as part of the official records of the town. Stable (private). A stable with a capacity for not more than four (4) horses, mules, or other domestic animals. Stadium. Any athletic field or stadium operated for the general public, including a baseball field, or football field or stadium. Storage. A space or place for storing and safekeeping of goods in a warehouse or other depository. Storage/utility building. A noncommercial structure that is secondary to the primary structure and is used primarily for storage of garden and lawn equipment, tools, and miscellaneous household items. This does not include the regular storage of material and goods intended to be sold or used in connection with any business or commercial enterprise. Story. That portion of a building between the surface of any floor and the surface of the floor next to it, or if there be no floor above it, then the space between such floor and the ceiling next above. Street. Any parcel of land designated for specific use as a thoroughfare for vehicular traffic and not designated as an alley. Street, private. Any parcel of land designated and used specifically as a thoroughfare for vehicular traffic, but not dedicated to the public. Street, public dedicated. Any parcel of land dedicated to the public and used or which may be used specifically as a thoroughfare. Street right-of-way. A street, including its pavement and all the publicly owned property adjacent to it, dedicated for street purposes. Town Council Page 929 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-26 Structural alterations. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders. Structure. That which is built, erected or constructed; an edifice or building of any kind, or any piece of work built up or composed of parts joined together in some definite manner, including parking lots. Subdivider. Any person or any agent thereof dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term “subdivider” shall be restricted to include only the owner, equity owner, or authorized agent of such owner or equity owner, of land to be subdivided. Subdivision. A division of a lot, tract, or parcel of land into two (2) or more parts, lots or sites for the purpose, whether immediate or future, of sale, division of ownership or building development. Subdivision includes resubdivision of land or lots which are part of a previously recorded subdivision. Swimming pool (commercial). A swimming pool with accessory facilities, not part of the municipal or private recreational system, and not a private swim club, but where the facilities are available to the general public for a fee. Swimming pool (private). A swimming pool constructed for the exclusive use of the residents of a one-family, two-family or multiple-family dwelling and located and fenced in accordance with the regulations of the town. Temporary field or construction office. A structure or shelter used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment. Town. The Town of Trophy Club, Texas. Town engineer. The duly authorized person in charge of engineering for the town, or that person’s designated representative. Town planner. The duly authorized person in charge of planning for the town, or that person’s designated representative. Townhouse/townhome. A single-family attached dwelling unit on a separately platted lot which is joined to another selling [dwelling] unit on one or more sides by a party wall or abutting walls and occupied by not more than one family. Tree. Any self-supporting woody perennial plant which has a trunk diameter of three inches (3") or more when measured at a point four and one-half feet (4-1/2') above ground level and which normally attains an overall height of at least fifteen (15) feet at maturity, usually with one (1) main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oak. Triplex. A moderate density use and shall mean a detached building containing three (3) single- family attached dwelling units. Town Council Page 930 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-27 Use. The purpose for which land or buildings are or may be occupied in a zoning district. Utility distribution lines. Facilities which serve to distribute and transmit electrical power, gas, and water, including but not limited to electrical transmission lines, gas transmission lines, and metering stations. Variance. Relief from or variation of the provisions of these regulations, other than the use regulations, as applied to a specific piece of property, as distinct from rezoning, as further set out hereinafter in the powers and duties of the zoning board of adjustment. Vinyl fence. A prefabricated fence made of PVC plastic that imitates a variety of fence designs, including board, rail, picket, lattice, and wrought iron. Wholesale business. A commercial use devoted to the sale of goods and commodities in large lots to retail outlets and stores and manufacturers. Width of lot. The horizontal distance between the side lot lines of a lot measured at right angles to the depth or the same distance measured at the front building line. Width of side yard. The least distance between a side wall of a building and the side line of the lot. Wrought iron. A manufactured metal fencing material designed to resemble hammered iron. Yard. A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from the general ground level of the graded lot upward; provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture are not deemed to be obstructions if height limitations and requirements limiting obstruction of visibility are observed. Yard area. The front, side, and rear yard areas as required under the comprehensive zoning ordinance and the zoning district requirements applicable thereto. Yard, front. An open space, unoccupied space on a lot facing a street and extending across the front of the lot between the side yard lines and being the minimum horizontal distance between the street line and the principal building or any projection thereof other than the projection of normal architectural features. Yard, rear. The required rear yard is an open space unoccupied and unobstructed extending across the rear of a lot from one side lot line to the other side lot line. Yard, side. An open, unoccupied space on the same lot with a building situated between the building and side line of the lot and extending through from the front yard to the required rear yard. Any lot line not the rear line or a front line shall be deemed a side line. Zoning district. A classification applied to any certain land area within the town stipulating the limitations and requirements of land usage and development. Zoning map. The official zoning map of the town together with all amendments thereto. Town Council Page 931 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-28 (b) Amendments to the definitions in this section, or additional definitions to be added to this section, may be made by the town council after receiving the recommendations and report of the planning and zoning commission on such amendments or additions, and after a public hearing before the town council, as provided by law. Public hearing before the planning and zoning commission on any proposed amendment or addition to the definitions of this section shall be held by the planning and zoning commission after such notice of such hearing shall have been given by publication at least one time in a newspaper of general circulation in the town of the time and place of such hearing at least fifteen (15) days prior to the date of such hearing. (Ordinance 98-29, sec. IX, adopted 12/1/98; Ordinance 2000-06, sec. IX, adopted 3/21/00; Ordinance 2002-28, sec. III, adopted 8/19/02; Ordinance 2003-28, sec. II, adopted 12/1/03; Ordinance 2005-16, sec. 2, adopted 7/18/05; 2006 Code, ch. 13, sec. 2.02; Ordinance 2008-24, sec. 2.01, adopted 9/8/08; Ordinance 2012-19 adopted 9/24/12) Secs. 14.02.053–14.02.100 Reserved Division 3. Establishment of Districts Sec. 14.02.101 District classifications The town is hereby divided into the following zoning districts, which districts are shown and described on the zoning map of the town, which map is incorporated herein by this reference: R-15 Single-Family Residential District: A zone designed to accommodate single-family development on lots that are a minimum of 15,000 square feet in area. R-12 Single-Family Residential District: A zone designed to accommodate single-family development on lots that are a minimum of 12,000 square feet in area. R-11 Single-Family Residential District: A zone designated to accommodate single-family development on lots that are a minimum of 11,000 square feet in area. R-10 Single-Family Residential District: A zone designed to accommodate single-family development on lots that are a minimum of 10,000 square feet in area. R-9 Single-Family Residential District: A zone designed to accommodate single-family development on lots that are a minimum of 9,000 square feet in area. R-8 Single-Family Residential District: A zone designed to accommodate single-family development on lots that are a minimum of 8,000 square feet in area. R-Fairway Village; R-Twenty in Trophy; R-Oak Hill; R-Oak Hill Patio; R-Summit: These are zones designed to accommodate single-family residential areas already platted and either developed or undeveloped on the date of adoption of this ordinance. MH HUD-Code Manufactured Home and Industrialized Housing District: A zone designed to provide adequate space and restrictions for the placement of HUD-code manufactured homes and industrialized housing in the town within designated subdivisions. (This does not include mobile homes as defined in this ordinance.) The MH District is also established to provide housing densities compatible with existing and proposed neighborhoods by providing alternative housing types both in construction and economy within the MH District. Town Council Page 932 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-29 PD Planned Development District: A zone designed to accommodate development with a variety of types of uses in accordance with a site plan. NS Neighborhood Service District: A zone district designed to provide limited low impact service type facilities to residential areas, and not including retail uses. PO Professional Office: A zone district designed to provide for attractive, low to moderate intensity office and professional uses. CG Commercial General District: A zone designed to provide locations for local neighborhood shopping and personal service needs of the surrounding area, to accommodate general retail shopping and to accommodate low intensity business or professional offices that are designed and sited to be compatible with nearby residential uses and which primarily provide services to residents of the community. CR Commercial Recreation District: A zone designed to accommodate development of privately owned recreational areas and low intensity business offices that are directly related to and designed and sited to be compatible with the recreational use. GU Governmental Use District: A zone intended to apply to those lands where national, state or local governmental activities are conducted and where title to such lands is held by a governmental entity. H Historic Landmark Designation District: A designation intended to apply to areas of historic, architectural, archaeological or cultural importance or value which merit protection, enhancement and preservation in the interest of the culture, prosperity, education and welfare of the public. (Ordinance 98-29, sec. XI, adopted 12/1/98; Ordinance 2000-06, sec. XI, adopted 3/21/00; 2006 Code, ch. 13, sec. 3.01) Sec. 14.02.102 Classification of new and unlisted properties (a) Referral to planning and zoning commission. The planning and zoning administrator shall refer the question concerning any new or unlisted use to the planning and zoning commission, requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the uses and whether it involves dwelling activity, sales, processing, type of product, storage, and amount and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements of public utilities, such as water and sanitary sewer. (b) Assignment to use district. The planning and zoning commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which the use should be permitted. (c) Recommendation to the town council. The planning and zoning commission shall transmit its findings and recommendations to the town council as to the classification proposed for any new or unlisted use. The town council shall, by ordinance, approve the recommendation of the Town Council Page 933 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-30 planning and zoning commission or make such determination concerning the classification of such use as it determines appropriate, based on its findings. (Ordinance 98-29, sec. XII, adopted 12/1/98; Ordinance 2000-06, sec. XII, adopted 3/21/00; 2006 Code, ch. 13, sec. 3.02) Sec. 14.02.103 Use table The following table presents the zoning district classifications and the permitted and conditional uses within those classifications: Denotes a prohibited use P Denotes a permitted use by right C Denotes of [a] conditional use permit required S Denotes a specific use permit required District Classifications Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R-OHP R-S MH CG CR NS PO GU (a) RESIDENTIAL Caretaker or guard residence C Dwelling, duplex Dwelling, manufactured housing P Dwelling, multifamily apartment Dwelling, mobile home Dwelling, one-family attached Dwelling, one-family detached P P P P P P P P P P P P Family home C C C C C C C C C C C C Home for developmentally disabled P Hotels Motels Nursing, rest and convalescent home P Recreational vehicle campgrounds Religious convent, rectory, monastery P Retirement home, orphanage P (b) RELIGIOUS AND PHILANTHROPIC Churches, temples and synagogues C C C C C C C C C C C C P P P P P Eleemosynary institutions Town Council Page 934 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-31 District Classifications Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R-OHP R-S MH CG CR NS PO GU (c) EDUCATIONAL Children’s day care center and kindergarten P P Junior colleges, colleges and universities Schools, private business and professional P Schools, primary and secondary P P P P P P P P P P P P P P P P P Schools, vocational, technical and trade (d) COMMUNITY FACILITIES Athletic field, stadium, auditorium, gym P Cemetery and mausoleums P Commercial swimming pool P Cultural buildings and facilities C C C P Golf course, clubhouse, related facilities P Gov. maint. bldg, storage yards C C C Municipal admin, public service facilities P P P P P P P P P P P P P P P P P Park, playground, playlots, related facilities P P P P P P P P P P P P P P P P P Privately owned and operated playground C C C C C C C C C C C C C C C C C Public animal pounds and shelters Public safety facilities P P P P P P P P P P P P P P P P P Radio, television microwave towers C C C C C C C C C C C C C C C C C Social, recreational, assembly bldgs. P P P Tennis, handball, racquetball clubs P Utility facilities, garage, storage bldg./yard C C Utility facilities, distribution lines P P P P P P P P P P P P P P P P P Utilities facilities, energy plant C C Utility facilities, office P C C (e) PROFESSIONAL Accounting office P P Admin., executive, editorial office P P Architectural, eng., planning office P P Town Council Page 935 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-32 District Classifications Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R-OHP R-S MH CG CR NS PO GU Attorney’s office P P Hospital Insurance office P P Extended stay surgery center Personal/family counselor P P Physician and/or dentist P P Public secretary P P (f) BUSINESS Barber, beauty, styling shops P P Health, athletic shops P P P Massage shops Medical, dental, chiropractic, optometry, etc. P P Real estate office P P Tanning salon P Travel bureau or agency P P Weight reduction studio P P P (g) RETAIL Art studio P Art supply store P Arts, crafts, hobby shops P Bakery shops P Bicycle shop P Beer and wine sales (off- premises consumption only) S S S S S S Confectionary shop P Dairy food shop P Dance studio P Drugstore, apothecary, pharmacy P Dry cleaners, pick-up and drop-off P Dry cleaning plan [plant] Duplication and mailing service P Electrical goods and fixtures P Fabric and knitting shop P Florist P Grocery store P Hardware store P Household appliance store P Household furnishings, fixtures P Ice cream shop P Jewelry, watch store P Liquor store S Music store P Town Council Page 936 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-33 Permitted Uses District Classifications R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R-OHP R-S MH CG CR NS PO GU Tanning salon P Pawnshop P Photograph service and studio P P Printing, publishing, engraving P Restaurant C C C Restaurant, drive-in Restaurant w/alcoholic beverage sales C C C Sale of mixed beverages in restaurants by food and beverage certificate holders only S S S S S S Sporting goods store P P Wallpaper, paint store P Wearing apparel store P (h) RECREATIONAL Community center (nonprofit) C C C C C C C C C C C C C C C C P Country club, private P Golf course P Private health club P P P Private stable P Swimming pool (private club) P Swimming pool, tennis court (nonprofit) C C C C C C C C C C C C C C C C P Tennis court (private residence) C C C C C C C C C C C C (Ordinance 98-29, sec. XIII, adopted 12/1/98; Ordinance 2000-06, sec. XIII, adopted 3/21/00; Ordinance 2002-28, sec. III, adopted 8/19/02; Ordinance 2003-28, sec. II, adopted 12/1/03; Ordinance 2004-10, sec. II, adopted 3/1/04; Ordinance 2005-07, sec. II, adopted 4/18/05; 2006 Code, ch. 13, sec. 3.02; Ordinance 2011-17, sec. 2.01, adopted 5/2/11) Secs. 14.02.104–14.02.150 Reserved Division 4. District Regulations Sec. 14.02.151 R-15 Single-Family District regulations (a) Purpose. The purpose of the R-15 Single-Family District is to allow single-family detached dwellings on lots of not less than fifteen thousand (15,000) square feet, together with the allowed incidental and accessory uses, in order to promote low population densities within integral neighborhood units. (b) Application. Lots in a subdivision legally approved and properly recorded in the Denton County plat record prior to the effective date of this ordinance which do not meet the minimum lot sizes and area requirements set forth in this section shall not be considered to be in violation of said requirements and, for purposes of this section, shall be deemed to conform to the requirements set forth in this section. Town Council Page 937 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-34 (c) Uses generally. In an R-15 Single-Family District no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following: (1) Accessory uses. Accessory uses shall be permitted within the R-15 Single-Family District in accordance with the regulations provided in section 14.02.253, Accessory Structures. (2) Conditional uses. Conditional uses may be permitted within the R-15 Single-Family District in accordance with the regulations provided in section 14.02.301, Conditional Use Permit. (3) Limitation of uses. (A) Garage sales are prohibited. (B) Any use not expressly permitted or allowed by permit herein is prohibited. (d) Plan requirements. No application for a building permit for the construction of a building or structure shall be approved unless: (1) A plat, meeting all requirements of the town, has been approved by the town council and recorded in the official records of the county in which the property is located; (2) Site plan. A site plan for all nonresidential uses has been approved meeting the conditions as provided in section 14.02.259, Site Plan Requirements. (e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building shall exceed forty feet (40') or two and one-half (2-1/2) stories in height. (f) Area regulations. The following minimum standards shall be required measured from property lines: Area Description Area Regulations (1) Lot size Lots for any permitted use shall have a minimum area of fifteen thousand (15,000) square feet. (2) Minimum open space All areas not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance, and other applicable ordinances. Town Council Page 938 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-35 Area Description Area Regulations (3) Maximum building coverage The combined area covered by all main and accessory buildings and structures shall not exceed thirty-five percent (35%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. (4) Minimum floor area The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be 2,500 square feet. Residences with more than one (1) story shall have a minimum first floor area of 2,000 square feet. (including garage area). (5) Depth of front yard** 30 feet minimum (6) Depth of rear yard** 25 feet minimum (No rear yard shall face any street, provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the town.) (7) Width of side yard** A minimum of twelve and one-half (12.5) feet; provided, that the distance between buildings and structures on contiguous lots remains a minimum of 25 feet, the width of the side yard on one side may be reduced to not less than 7.5 feet. (8) Width of side yard adjacent to side street **20 feet minimum (9) Width of lot 90 feet minimum (measured at front building line) (10) Width of lot adjacent to side street 110 feet minimum (measured at front building line) (11) Depth of lot 120 feet minimum (measured at front property lines) (12) Depth of lot, cul-de-sac, or corner lot 100 feet minimum **All required yards shall comply with section 14.02.255, Required Yards. (g) Buffered area regulations. Whenever an R-15 Single-Family development is located adjacent to an existing HUD-code manufactured home and industrialized housing district, multifamily development or a nonresidential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty-five (25) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. Town Council Page 939 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-36 (h) Off-street parking. Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. Every residence shall have a garage and [which] shall have a minimum interior measurement of 21 feet by 22 feet. (i) Garages. Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses. (j) Off-street loading. No off-street loading is required in the R-15 District for residential uses. Off-street loading for conditional uses may be required as determined by the planning and zoning commission and town council. (k) Masonry requirements. All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal or similar characteristics may be allowed upon approval of the planning and zoning commission. (Ordinance 98-29, sec. XIV, adopted 12/1/98; Ordinance 2000-06, sec. XIV, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.01) Sec. 14.02.152 R-12 Single-Family District regulations (a) Purpose. The purpose of the R-12 Single-Family District is to allow single-family detached dwellings on lots of not less than twelve thousand (12,000) square feet, together with the allowed incidental and accessory uses, in order to promote low population densities within integral neighborhood units. (b) Application. Lots in a subdivision legally approved and properly recorded in the Denton County plat record prior to the effective date of this ordinance which do not meet the minimum lot sizes and area requirements set forth in this section shall not be considered to be in violation of said requirements and, for purposes of this section, shall be deemed to conform to the requirements set forth in this section. (c) Uses generally. In an R-12 Single-Family District no land shall be used and no building or structure shall be used for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following: (1) Accessory uses. Accessory uses shall be permitted within the R-12 Single-Family District in accordance with the regulations provided in section 14.02.253, Accessory Structures. (2) Conditional uses. Conditional uses may be permitted within the R-12 Single-Family District in accordance with the regulations provided in section 14.02.301, Conditional Use Permit. Town Council Page 940 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-37 (3) Limitation of uses. (A) Garage sales are prohibited. (B) Any use not expressly permitted or allowed by permit herein is prohibited. (d) Plan requirements. No application for a building permit for the construction of a building or structure shall be approved unless: (1) A plat, meeting all requirements of the town, has been approved by the town council and recorded in the official records of the county in which the property is located; (2) Site plan. A site plan for all nonresidential uses has been approved meeting the conditions as provided in section 14.02.259, Site Plan Requirements. (e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building shall exceed forty feet (40') or two and one-half (2-1/2) stories in height. (f) Area regulations. The following minimum standards shall be required measured from property lines: Area Description Area Regulations (1) Lot size Lots for any permitted use shall have a minimum area of twelve thousand (12,000) square feet. (2) Minimum open space All areas not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance, and other applicable ordinances of the town. (3) Maximum building coverage The combined area covered by all main and accessory buildings and structures shall not exceed thirty-five (35) percent of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. Town Council Page 941 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-38 Area Description Area Regulations (4) Minimum floor area The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Golf Course Lots All Other Lots One story residence 2,500 2,000 One and one-half story or two story residence 2,500* 2,000* Residence on corner lot 2,500* 2,500* *Those residences with more than one (1) story shall have a minimum first floor area of 2,000 square feet (including garage area). (5) Depth of front yard** 25 feet minimum (6) Depth of rear yard** 25 feet minimum (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the town.) (7) Width of side yard** A minimum of ten (10) feet; provided that the distance between buildings and structures on contiguous lots remains a minimum of 20 feet, the width of the side yard on one side may be reduced to not less than 5 feet. (8) Width of side yard adjacent to side street** 20 feet minimum (9) Width of lot 90 feet minimum (measured at front building line) (10) Width of lot adjacent to side street 110 feet minimum (measured at front building line) (11) Depth of lot 110 feet minimum (measured from front property line) (12) Depth of lot, cul-de-sac or corner lot 100 feet minimum **All required yards shall comply with section 14.02.255, Required Yards. Town Council Page 942 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-39 (g) Buffered area regulations. Whenever an R-12 Single-Family development is located adjacent to an existing HUD-code manufactured home and industrialized housing district, multifamily development or a nonresidential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty-five (25) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. (h) Off-street parking. Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. (i) Garages. Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses. (j) Off-street loading. No off-street loading is required in the R-12 Single-Family District for residential uses. Off-street loading for conditional uses may be required as determined by the planning and zoning commission and town council. (k) Masonry requirements. All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal or similar characteristics may be allowed upon approval of the planning and zoning commission. (Ordinance 98-29, sec. XV, adopted 12/1/98; Ordinance 2000-06, sec. XV, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.02) Sec. 14.02.153 R-11 Single-Family District regulations (a) Purpose. The purpose of the R-11 Single-Family District is to allow single-family detached dwellings on lots of not less than eleven thousand (11,000) square feet, together with the allowed incidental and accessory uses, in order to promote low population densities within integral neighborhood units. (b) Application. Lots in a subdivision legally approved and properly recorded in the Denton County plat record prior to the effective date of this ordinance which do not meet the minimum lot sizes and area requirements set forth in this section shall not be considered to be in violation of said requirements and, for purposes of this section, shall be deemed to conform to the requirements set forth in this section. Town Council Page 943 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-40 (c) Uses generally. In an R-11 Single-Family District no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following: (1) Accessory uses. Accessory uses shall be permitted within the R-11 Single-Family District in accordance with the regulations provided in section 14.02.253, Accessory Structures. (2) Conditional uses. Conditional uses may be permitted within the R-11 Single-Family District in accordance with the regulations provided in section 14.02.301, Conditional Use Permit. (3) Limitation of uses. (A) Garage sales are prohibited. (B) Any use not expressly permitted or allowed by permit herein is prohibited. (d) Plan requirements. No application for a building permit for the construction of a building or structure shall be approved unless: (1) A plat, meeting all requirements of the town, has been approved by the town council and recorded in the official records of the county in which the property is located; (2) Site plan. A site plan for all nonresidential uses has been approved meeting the conditions as provided in section 14.02.259, Site Plan Requirements. (e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building shall exceed forty feet (40') or two and one-half (2-1/2) stories in height. (f) Area regulations. The following minimum standards shall be required measured from property lines: Area Description Area Regulations (1) Lot size Lots for any permitted use shall have a minimum area of twelve thousand (12,000) square feet. (2) Minimum open space All areas not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance, and other applicable ordinances of the town. (3) Maximum building coverage The combined area covered by all main and accessory buildings and structures shall not exceed thirty-five (35) percent of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. Town Council Page 944 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-41 Area Description Area Regulations (4) Minimum floor area The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Golf Course Lots All Other Lots One story residence 2,500 2,000 One and one-half story or two story residence 2,500* 2,000* Residence on corner lot 2,500* 2,500* *Those residences with more than one (1) story shall have a minimum first floor area of 1,100 square feet. (5) Depth of front yard** 25 feet minimum (6) Depth of rear yard** 25 feet minimum (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the town.) (7) Width of side yard** A minimum of ten (10) feet; provided that the distance between buildings and structures on contiguous lots remains a minimum of 20 feet, the width of the side yard on one side may be reduced to not less than 5 feet. (8) Width of side yard adjacent [to side street] 20 feet minimum (9) Width of lot 90 feet minimum (measured at front building line) (10) Width of lot adjacent to side street 110 feet minimum (measured at front building line) (11) Depth of lot 110 feet minimum (measured from front property line) (12) Depth of lot, cul-de-sac or corner lot 100 feet minimum **All required yards shall comply with section 14.02.255, Required Yards. (g) Buffered area regulations. Whenever an R-12 Single-Family development is located adjacent to an existing HUD-code manufactured home and industrialized housing district, multifamily development or a nonresidential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty-five (25) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. Town Council Page 945 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-42 (h) Off-street parking. Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. (i) Garages. Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses. (j) Off-street loading. No off-street loading is required in the R-11 Single-Family District for residential uses. Off-street loading for conditional uses may be required as determined by the planning and zoning commission and town council. (k) Masonry requirements. All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal or similar characteristics may be allowed upon approval of the planning and zoning commission. (Ordinance 98-29, sec. XVI, adopted 12/1/98; Ordinance 2000-06, sec. XVI, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.03) Sec. 14.02.154 R-10 Single-Family District regulations (a) Purpose. The purpose of the R-10 Single-Family District is to allow single-family detached dwellings on lots of not less than ten thousand (10,000) square feet, together with the allowed incidental and accessory uses, in order to promote low population densities within integral neighborhood units. (b) Application. Lots in a subdivision legally approved and properly recorded in the Denton County plat record prior to the effective date of this ordinance which do not meet the minimum lot sizes and area requirements set forth in this section shall not be considered to be in violation of said requirements and, for purposes of this section, shall be deemed to conform to the requirements set forth in this section. (c) Uses generally. In an R-10 Single-Family District no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, relating to permitted principal uses and in accordance with the following: (1) Accessory uses. Accessory uses shall be permitted within the R-10 Single-Family District in accordance with the regulations provided in section 14.02.253, Accessory Structures. (2) Conditional uses. Conditional uses may be permitted within the R-10 Single-Family District in accordance with the regulations provided in section 14.02.301, Conditional Use Permit. Town Council Page 946 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-43 (3) Limitation of uses. (A) Garage sales are prohibited. (B) Any use not expressly permitted or allowed by permit herein is prohibited. (d) Plan requirements. No application for a building permit for the construction of a building or structure shall be approved unless: (1) A plat, meeting all requirements of the town, has been approved by the town council and recorded in the official records of the county in which the property is located; (2) Site plan. A site plan for all nonresidential uses has been approved meeting the conditions as provided in section 14.02.259, Site Plan Requirements. (e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building shall exceed forty feet (40') or two and one-half (2-1/2) stories in height. (f) Area regulations. The following minimum standards shall be required measured from property lines: Area Description Area Regulations (1) Lot size Lots for any permitted use shall have a minimum area of ten thousand (10,000) square feet. (2) Minimum open space All areas not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance, and other applicable ordinances of the town. (3) Maximum building coverage The combined area covered by all main and accessory buildings and structures shall not exceed thirty-five (35) percent of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. Town Council Page 947 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-44 Area Description Area Regulations (4) Minimum floor area The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Golf Course Lots All Other Lots One story residence 2,250 2,000 One and one-half story or two story residence 2,250* 2,000* Residence on corner lot 2,250* 2,250* *Those residences with more than one (1) story shall have a minimum first floor area of 1,800 square feet (including garage area). (5) Depth of front yard** 25 feet minimum (6) Depth of rear yard** 25 feet minimum (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the town.) (7) Width of side yard** A minimum of ten (10) feet; provided that the distance between buildings and structures on contiguous lots remains a minimum of 20 feet, the width of the side yard on one side may be reduced to not less than 5 feet. (8) Width of side yard adjacent to side street** 15 feet minimum (9) Width of lot 80 feet minimum (measured at front building line) (10) Width of lot adjacent to side street 95 feet minimum (measured at front building line) (11) Depth of lot 100 feet minimum (measured from front property line) (12) Depth of lot, cul-de-sac or corner lot 100 feet minimum **All required yards shall comply with section 14.02.255, Required Yards. Town Council Page 948 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-45 (g) Buffered area regulations. Whenever an R-10 Single-Family development is located adjacent to an existing HUD-code manufactured home and industrialized housing district, multifamily development or a nonresidential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty-five (25) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. (h) Off-street parking. Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. (i) Garages. Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses. (j) Off-street loading. No off-street loading is required in the R-10 Single-Family District for residential uses. Off-street loading for conditional uses may be required as determined by the planning and zoning commission and town council. (k) Masonry requirements. All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal or similar characteristics may be allowed upon approval of the planning and zoning commission. (Ordinance 98-29, sec. XVII, adopted 12/1/98; Ordinance 2000-06, sec. XVII, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.04) Sec. 14.02.155 R-9 Single-Family District regulations (a) Purpose. The purpose of the R-9 Single-Family District is to allow single-family detached dwellings on lots of not less than nine thousand (9,000) square feet, together with the allowed incidental and accessory uses, in order to promote low population densities within integral neighborhood units. (b) Application. Lots in a subdivision legally approved and properly recorded in the Denton County plat record prior to the effective date of this ordinance which do not meet the minimum lot sizes and area requirements set forth in this section shall not be considered to be in violation of said requirements and, for purposes of this section, shall be deemed to conform to the requirements set forth in this section. Town Council Page 949 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-46 (c) Uses generally. In an R-9 Single-Family District no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following: (1) Accessory uses. Accessory uses shall be permitted within the R-9 Single-Family District in accordance with the regulations provided in section 14.02.253, Accessory Structures. (2) Conditional uses. Conditional uses may be permitted within the R-9 Single-Family District in accordance with the regulations provided in section 14.02.301, Conditional Use Permit. (3) Limitation of uses. (A) Garage sales are prohibited. (B) Any use not expressly permitted or allowed by permit herein is prohibited. (d) Plan requirements. No application for a building permit for the construction of a building or structure shall be approved unless: (1) A plat, meeting all requirements of the town, has been approved by the town council and recorded in the official records of the county in which the property is located; (2) Site plan. A site plan for all nonresidential uses has been approved meeting the conditions as provided in section 14.02.259, Site Plan Requirements. (e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building shall exceed forty feet (40') or two and one-half (2-1/2) stories in height. (f) Area regulations. The following minimum standards shall be required measured from property lines: Area Description Area Regulations (1) Lot size Lots for any permitted use shall have a minimum area of nine thousand (9,000) square feet. (2) Minimum open space All areas not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance, and other applicable ordinances of the town. Town Council Page 950 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-47 Area Description Area Regulations (3) Maximum building coverage The combined area covered by all main and accessory buildings and structures shall not exceed thirty-five (35) percent of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. (4) Minimum floor area The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Golf Course Lots All Other Lots One story residence 2,000 1,800 One and one-half story or two story residence 2,000* 1,800* Residence on corner lot 2,000* 2,000* *Those residences with more than one (1) story shall have a minimum first floor area of 1,200 square feet. (including garage area). (5) Depth of front yard** 25 feet minimum (6) Depth of rear yard** 25 feet minimum (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the town.) (7) Width of side yard** A minimum of seven and one-half (7.5) feet; provided that the distance between buildings and structures on contiguous lots remains a minimum of 15 feet, the width of the side yard on one side may be reduced to not less than 5 feet. (8) Width of side yard adjacent to side street** 15 feet minimum (9) Width of lot 85 feet minimum (measured at front building line) (10) Width of lot adjacent to side street 70 feet minimum (measured at front building line) (11) Depth of lot 110 feet minimum (measured from front property line) (12) Depth of lot, cul-de-sac or corner lot 90 feet minimum **All required yards shall comply with section 14.02.255, Required Yards. Town Council Page 951 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-48 (g) Buffered area regulations. Whenever an R-9 Single-Family development is located adjacent to an existing HUD-code manufactured home and industrialized housing district, multifamily development or a nonresidential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty (20) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. (h) Garages. Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses. (i) Off-street parking. Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. (j) Off-street loading. No off-street loading is required in the R-9 Single-Family District for residential uses. Off-street loading for conditional uses may be required as determined by the planning and zoning commission and town council. (k) Masonry requirements. All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal or similar characteristics may be allowed upon approval of the planning and zoning commission. (Ordinance 98-29, sec. XVIII, adopted 12/1/98; Ordinance 2000-06, sec. XVIII, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.05) Sec. 14.02.156 R-8 Single-Family District regulations (a) Purpose. The purpose of the R-8 Single-Family District is to allow single-family detached dwellings on lots of not less than eight thousand (8,000) square feet, together with the allowed incidental and accessory uses, in order to promote low population densities within integral neighborhood units. (b) Application. Lots in a subdivision legally approved and properly recorded in the Denton County plat record prior to the effective date of this ordinance which do not meet the minimum lot sizes and area requirements set forth in this section shall not be considered to be in violation of said requirements and, for purposes of this section, shall be deemed to conform to the minimum requirements required in this section. Town Council Page 952 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-49 (c) Uses generally. In the R-8 Single-Family District no land shall be used and no building or structure shall be installed, erected for or converted to any other than as set forth in section 14.02.103, Use Tables, and in accordance with the following: (1) Accessory uses. Accessory uses shall be permitted within the R-8 Single-Family District in accordance with the regulations provided in section 14.02.253, Accessory Structures. (2) Conditional uses. Conditional uses may be permitted within the R-8 Single-Family District in accordance with the regulations provided in section 14.02.301, Conditional Use Permit. (3) Limitation of uses. (A) Garage sales are prohibited. (B) Any use not expressly permitted or allowed by permit herein is prohibited. (d) Plan requirements. No application for a building permit for the construction of a building or structure shall be approved unless: (1) A plat, meeting all requirements of the town, has been approved by the town council and recorded in the official records of the county in which the property is located; (2) Site plan. A site plan for all nonresidential uses has been approved meeting the conditions as provided in section 14.02.259, Site Plan Requirements. (e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building shall exceed forty feet (40') or two and one-half (2-1/2) stories in height. (f) Area regulations. The following minimum standards shall be required measured from property lines: Area Description Area Regulations (1) Lot size Lots for any permitted use shall have a minimum area of eight thousand (8,000) square feet. (2) Minimum open space All areas not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance, and other applicable ordinances of the town. Town Council Page 953 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-50 Area Description Area Regulations (3) Maximum building coverage The combined area covered by all main and accessory buildings and structures shall not exceed thirty-five (35) percent of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. (4) Minimum floor area The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Golf Course Lots All Other Lots One story residence 2,000 1,650 One and one-half story or two story residence 2,000* 1,800* Residence on corner lot 2,000* 2,000* *Those residences with more than one (1) story shall have a minimum first floor area of 1,100 square feet (including garage area). (5) Depth of front yard** 25 feet minimum (6) Depth of rear yard** 20 feet minimum (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the town.) (7) Width of side yard** A minimum of five (5) feet each side (8) Width of side yard adjacent to side street** 15 feet minimum (9) Width of lot 60 feet minimum (measured at front building line) (10) Width of lot adjacent to side street 75 feet minimum (measured at front building line) (11) Depth of lot 100 feet minimum (measured from front property line) (12) Depth of lot, cul-de-sac or corner lot 85 feet minimum **All required yards shall comply with section 14.02.255, Required Yards. Town Council Page 954 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-51 (g) Buffered area regulations. Whenever an R-8 Single-Family development is located adjacent to an existing HUD-code manufactured home and industrialized housing district, multifamily development or a nonresidential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty (20) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. (h) Garages. Attached garages are not permitted to face any public dedicated street for all lots which are nine thousand (9,000) square feet or greater. In addition, no more than two contiguous lots may have front entry attached garages. Attached garages are not permitted to face any side street. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses. (i) Off-street parking. Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. (j) Off-street loading. No off-street loading is required in the R-8 Single-Family District for residential uses. Off-street loading for conditional uses may be required as determined by the planning and zoning commission and town council. (k) Masonry requirements. All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal or similar characteristics may be allowed upon approval of the planning and zoning commission. (Ordinance 98-29, sec. XIX, adopted 12/1/98; Ordinance 2000-06, sec. XIX, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.06) Sec. 14.02.157 R-FV Single-Family District regulations (a) Purpose. The purpose of the R-Fairway Village Single-Family District is to allow single- family detached dwellings on lots of not less than three thousand (3,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. (b) Application. Lots within this district are located in Fairway Village (a subdivision legally approved and properly recorded in the Denton County plat record prior to the effective date of this ordinance). Those lots which do not meet the minimum lot size requirements set forth in this section, shall not be considered to be in violation of said lot size requirements and, for purposes of this section, shall be deemed to conform to the minimum lot size required in this section. Town Council Page 955 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-52 (c) Uses generally. In an R-Fairway Village Single-Family District no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following: (1) Accessory uses. Accessory uses shall be permitted within the R-Fairway Village Single-Family District in accordance with the regulations provided in section 14.02.253, Accessory Structures. (2) Conditional uses. Conditional uses may be permitted within the R-Fairway Village Single-Family District in accordance with the regulations provided in section 14.02.301, Conditional Use Permit. (3) Limitation of uses. (A) Garage sales are prohibited. (B) Any use not expressly permitted or allowed by permit herein is prohibited. (d) Plan requirements. No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the county in which the property is located. A site plan for all nonresidential uses must be provided meeting the conditions as provided in section 14.02.259, Site Plan Requirements. (e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building shall have more than two and one-half (2-1/2) stories, nor exceed 40' feet in height. (f) Area regulations. The following minimum standards shall be required measured from property lines: Area Description Area Regulations (1) Lot size Lots for any permitted use shall have a minimum area of three thousand (3,000) square feet. (2) Minimum open space All areas not devoted to buildings, structures or off- street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance, and other applicable ordinances of the town. Town Council Page 956 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-53 Area Description Area Regulations (3) Minimum floor area The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Minimum Exterior Area (in square feet) One story residence 1,200 One and one-half story, two story, two and one- half story residences 1,500* *Those residences with one and one-half stories or greater shall have a minimum first floor area of 1,000 square feet. (4) Depth of front yard 10 feet minimum (Lots 10, 12, through 17) 15 feet minimum (Lots 1 through 9, 11) (5) Depth of rear yard 10 feet minimum (6) Width of lot 40 feet minimum (measured at front building line) (7) Depth of lot 70 feet minimum (measured at the midpoint of the frontage) *Those residences with one and one-half stories or greater shall have a minimum first floor area of 1000 square feet. (g) Off-street parking. Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. (h) Garages. Attached and detached garages shall not face a golf course. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses. (i) Off-street loading. No off-street loading is required in the R-Fairway Village District for residential uses. Off-street loading for conditional uses may be required as determined by the planning and zoning commission and town council. Town Council Page 957 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-54 (j) Masonry requirement. All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics may be allowed upon approval of the planning and zoning commission. (Ordinance 98-29, sec. XX, adopted 12/1/98; Ordinance 2000-06, sec. XX, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.07) Sec. 14.02.158 R-TT Twenty in Trophy Single-Family District regulations (a) Purpose. The purpose of the R-Twenty in Trophy Single-Family District is to allow single- family detached dwellings on lots of not less than eight thousand (8,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. (b) Application. Lots within this district are located in Twenty in Trophy (a subdivision legally approved and properly recorded in the Denton County plat record prior to the effective date of this ordinance). Those lots which do not meet the minimum lot size requirements set forth in this section shall not be considered to be in violation of said lot size requirements and, for purposes of this section, shall be deemed to conform to the minimum lot size required in this section. (c) Uses generally. In the R-Twenty in Trophy Single-Family District no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following: (1) Accessory uses. Accessory uses shall be permitted within the R-Twenty in Trophy Single-Family District in accordance with the regulations provided in section 14.02.253, Accessory Structures. (2) Conditional uses. Conditional uses may be permitted within the R-Twenty in Trophy Single-Family District in accordance with the regulations provided in section 14.02.301, Conditional Use Permit. (3) Limitation of uses. (A) Garage sales are prohibited. (B) Any use not expressly permitted or allowed by permit herein is prohibited. (d) Plan requirements. No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the county in which the property is located. A site plan for all nonresidential uses must be provided meeting the conditions as provided in section 14.02.259, Site Plan Requirements. (e) Height regulations. Except as provided by section 14.02.254, Height Limits, of this article, no building shall have more than two and one-half (2-1/2) stories, nor exceed 40' feet in height. Town Council Page 958 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-55 (f) Area regulations. The following minimum standards shall be required measured from property lines: Area Description Area Regulations (1) Lot size Lots for any permitted use shall have a minimum area of eight thousand (8,000) square feet. (2) Minimum open space All areas not devoted to buildings, structures or off- street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance, and other applicable ordinances of the town. (3) Minimum floor area The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Minimum Exterior Area (in square feet) One story, [one] and one- half story, two story, two and one-half story residences 1,800* *Those residences shall have a minimum first floor area of 1,000 square feet. (4) Depth of front yard** 15 feet minimum (5) Depth of rear yard** 15 feet minimum (6) Width of side yard on [sic] 6 feet minimum one side only (7) Width of side yard adjacent to side street 10 feet minimum (8) Width of lot 45 feet minimum (measured at front building line) (9) Depth of lot 95 feet minimum (measured at the midpoint of the frontage) [**All required yards shall comply with section 14.02.255, Required Yards.] Town Council Page 959 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-56 (g) Off-street parking. Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. (h) Garages. Attached and detached garages shall not face a golf course. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses. (i) Off-street loading. No off-street loading is required in the R-TT Twenty in Trophy District for residential uses. Off-street loading for conditional uses may be required as determined by the planning and zoning commission and town council. (j) Masonry requirement. All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics may be allowed upon approval of the planning and zoning commission. (Ordinance 98-29, sec. XXI, adopted 12/1/98; Ordinance 2000-06, sec. XXI, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.08) Sec. 14.02.159 R-OH Oak Hill Single-Family District regulations (a) Purpose. The purpose of the R-OH Oak Hill Single-Family District is to allow single- family detached dwellings on lots of not less than eight thousand eight hundred (8,800) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. (b) Application. Lots within this district are located in Oak Hill (a subdivision legally approved and properly recorded in the Denton County plat record prior to the effective date of this ordinance). Those lots which do not meet the minimum lot size requirements set forth in this section shall not be considered to be in violation of said lot size requirements and, for purposes of this section, shall be deemed to conform to the minimum lot size required in this section. (c) Uses generally. In the R-Oak Hill Single-Family District no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following: (1) Accessory uses. Accessory uses shall be permitted within the R-Oak Hill Single- Family District in accordance with the regulations provided in section 14.02.253, Accessory Structures. (2) Conditional uses. Conditional uses may be permitted within the R-OH Oak Hill Single-Family District in accordance with the regulations provided in section 14.02.301, Conditional Permit. Town Council Page 960 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-57 (3) Limitation of uses. (A) Garage sales are prohibited. (B) Any use not expressly permitted or allowed by permit herein is prohibited. (d) Plan requirements. No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the county in which the property is located. A site plan for all nonresidential uses must be provided meeting the conditions as provided in section 14.02.259, Site Plan Requirements. (e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building shall be more than two and one-half (2-1/2) stories, nor exceed 40' feet in height as shown below: Golf Course Lots* Lakefront Lots* Town and Country View Lots* Town and Country Lots* Maximum height 30 ft. 30 ft. 30 ft. 35 ft. Maximum stories 1-1/2 1-1/2 1-1/2 2-1/2 *Golf course lots shall refer to Lots 21 through 39 and Lots 67 through 72 of Replat of Trophy Club Oak Hill; lakefront lots shall refer to Lots 40 through 43 of Replat of Trophy Club Oak Hill; town and country view lots shall refer to Lots 44 through 60 and Lot 66 of Replat of Trophy Club Oak Hill; and, town and county lots shall refer to Lots 61 through 65 of Replat of Trophy Club Oak Hill. (f) Area regulations. The following minimum standards shall be required measured from property lines: Area Description Area Regulations (1) Lot size Lots for any permitted use shall have a minimum area of eight thousand eight hundred (8,800) square feet. (2) Minimum open space All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance, and other applicable ordinances of the town. Town Council Page 961 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-58 Area Description Area Regulations (3) Minimum floor area The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Description of Structure Golf Course Lots Lakefront Lots Town and Country View Lots Town and Country Lots 1 story 2,500 2,500 2,500 2,000 1-1/2 story 2,500 2,500 2,500 2,500 2 story Prohibited Prohibited Prohibited 2,500 2-1/2 story Prohibited Prohibited Prohibited 2,500 Golf Course Lots* Lakefront Lots* Town and Country View Lots Town and Country Lots (4) Depth of front yard, ft. 25 (1) 20 25 (2) 20 (3) (5) Depth of rear yard, ft. 20 20 (4) 20 20 (6) Width of side yard on each side, ft. 5 (5) 5 (5) 5 5 (7) Width of side yard adjacent to street, ft. 20 (6) 20 15 – (1) Front yard setback line shall be twenty (20) feet for Lots 22 through 25, Lots 26 and 27, and Lots 67 through 72. (2) Front yard setback line shall be thirty (30) feet on Lot 46; fifteen (15) feet for Lots 59, 60, and 66. (3) Front yard setback line shall be twenty-five (25) feet on Lot 61 and fifteen (15) feet on Lots 64 and 65. (4) Rear yard setback shall be forty-five (45) feet on Lot 40. (5) The northwest side lot line of Lot 24, southwest side lot line of Lot 43, and northeast side lot line of Lot 72 shall have a side yard setback of fifteen (15) feet; the southwest side lot line of Lot 27 and the northwest side lot line of Lot 36 shall have a side yard setback of twenty (20) feet; and the north side lot line of Lot 42 shall have a side yard setback of ten (10) feet. (6) A side street setback line of fifteen (15) feet shall be located on Lot 25. Town Council Page 962 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-59 Area Description Area Regulations (8) Width of lot 75 feet minimum (measured at front building line) (9) Depth of lot 110 feet minimum (measured at the midpoint of the frontage) (g) Off-street parking. Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. (h) Garages. Attached garages shall not face any public right-of-way or a golf course. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses. (i) Off-street loading. No off-street loading is required in the R-OH Oak Hill District for residential uses. Off-street loading for conditional uses may be required as determined by the planning and zoning commission and town council. (j) Masonry requirement. All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics may be allowed upon approval of the planning and zoning commission. (Ordinance 98-29, sec. XXII, adopted 12/1/98; Ordinance 2000-06, sec. XXII, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.09) Sec. 14.02.160 R-OHP Oak Hill Patio Single-Family District regulations (a) Purpose. The purpose of the R-Oak Hill Patio Single-Family District is to allow single- family detached dwellings on lots of not less than five thousand five hundred (5,500) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. (b) Application. Lots within this district are located in the Oak Hill Patio (a subdivision legally approved and properly recorded in the Denton County plat record prior to the effective date of this ordinance). Those lots which do not meet the minimum lot size requirements set forth in this section shall not be considered to be in violation of said lot size requirements and, for purposes of this section, shall be deemed to conform to the minimum lot size required in this section. Town Council Page 963 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-60 (c) Uses generally. In the R-OHP Oak Hill Patio Single-Family District no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following: (1) Accessory uses. Accessory uses shall be permitted within the R-OHP Oak Hill Patio Single-Family District in accordance with the regulations provided in section 14.02.253, Accessory Structures. (2) Conditional uses. Conditional uses may be permitted within the R-OHP Oak Hill Patio Single-Family District in accordance with the regulations provided in section 14.02.301, Conditional Permit. (3) Limitation of uses. (A) Garage sales are prohibited. (B) Any use not expressly permitted or allowed by permit herein is prohibited. (d) Plan requirements. No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the county in which the property is located. A site plan for all nonresidential uses must be provided meeting the conditions as provided in section 14.02.259, Site Plan Requirements. (e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building shall be more than two (2) stories, nor exceed 28 feet in height. (f) Area regulations. The following minimum standards shall be required measured from property lines: Area Description Area Regulations (1) Lot size Lots for any permitted use shall have a minimum area of five thousand five hundred (5,500) square feet. (2) Minimum open space All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance, and other applicable ordinances of the town. Town Council Page 964 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-61 Area Description Area Regulations (3) Minimum floor area The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Minimum Exterior Area (in square feet) Patio Lots One [story] 1,500 1,200 One and one-half story, two [story], two and one-half story residence 1,800 (3) 1,500 (2) (1) Golf course patio lots shall refer to Lots 9 through 17 of Replat of Trophy Club Oak Hill; and, patio lots shall refer to Lots 1 through 8 and 18 through 20 of Replat of Trophy Club Oak Hill. (2) Those residences with more than one (1) story shall have a minimum first floor area of 1,000 square feet. (3) These residences with more than one (1) story shall have a minimum first floor area of 1,200 square feet. Golf Course Patio Lots (1) Patio Lots (4) Depth of front yard 20 (2) 15 (2) ft. min. (5) Depth of rear yard 20 ft. min. 20 ft. min. (6) Width of side yard on one side 8 (3) ft. min. 5 (3) ft. min. (7) Width of side yard adjacent to street 10 ft. min. 10 ft. min. (1) Zero (0) building lines shall be referred to and located as the northwest side lot lines of Lots 1 through 8; the northeast side lot lines of Lots 9, 19, and 20; and the northwest side lot line of Lots 12 through 17. (2) Front yard setback line shall be ten (10) feet for Lots 10, 15, 16, and 17; and shall be fifteen (15) feet for Lots 18 through 20. (3) Front yard setback shall be eight (8) feet for Lots 18 and 19; fifteen (15) feet on Lot 9; and, ten (10) feet on the northeast lot line of Lot 10. Town Council Page 965 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-62 Area Description Area Regulations (8) Width of lot 45 feet minimum (measured at front building line) (9) Depth of lot 100 feet minimum (measured at the midpoint of the frontage) (g) Off-street parking. Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. (h) Garages. Attached and detached garages shall not face a golf course. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses. (i) Off-street loading. No off-street loading is required in the R-Oak Hill Patio District for residential uses. Off-street loading for conditional uses may be required as determined by the planning and zoning commission and town council. (j) Masonry requirement. All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics may be allowed upon approval of the planning and zoning commission. (Ordinance 98-29, sec. XXIII, adopted 12/1/98; Ordinance 2000-06, sec. XXIII, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.10) Sec. 14.02.161 R-S Summit Single-Family District regulations (a) Purpose. The purpose of the R-Summit Single-Family District is to allow single-family detached dwellings on lots of not less than five thousand seven hundred fifty (5,750) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. (b) Application. Lots within this district are located in the Summit (a subdivision legally approved and properly recorded in the Denton County plat record prior to the effective date of this ordinance). Those lots which do not meet the minimum lot size requirements set forth in this section shall not be considered to be in violation of said lot size requirements and, for purposes of this section, shall be deemed to conform to the minimum lot size required in this section. Town Council Page 966 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-63 (c) Uses generally. In the R-Summit Single-Family District no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following: (1) Accessory uses. Accessory uses shall be permitted within the R-Summit Single- Family District in accordance with the regulations provided in section 14.02.253, Accessory Structures. (2) Conditional uses. Conditional uses may be permitted within the R-Summit Single- Family District in accordance with the regulations provided in section 14.02.301, Conditional Permit. (3) Limitation of uses. (A) Garage sales are prohibited. (B) Any use not expressly permitted or allowed by permit herein is prohibited. (d) Plan requirements. No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the county in which the property is located. A site plan for all nonresidential uses must be provided meeting the conditions as provided in section 14.02.259, Site Plan Requirements. (e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building shall be more than two and one-half stories (2-1/2), nor exceed 40' feet in height. (f) Area regulations. The following minimum standards shall be required measured from property lines: Area Description Area Regulations (1) Lot size Lots for any permitted use shall have a minimum area of (5,750) square feet. (2) Minimum open space All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance, and other applicable ordinances of the town. Town Council Page 967 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-64 Area Description Area Regulations (3) Minimum floor area The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Minimum Exterior Area (in square feet) One, one and one-half story, two and one-half story 1,500* *Those residences with one and one-half stories or greater shall have a minimum first floor area of 1,000 square feet. (4) Depth of front yard 5 (1) feet minimum (Lots 10, 12, through 17) (5) Depth of rear yard 15 (2) feet minimum (6) Width of side yard 15 (3) feet minimum on one side (7) Width of side [yard adjacent to street] 15 (4) feet minimum (1) The front yard setback line for Lot 6 shall be ten (10) feet. (2) The rear yard setback for Lots 7 through 15 and the southernmost lot line of Lot 6 shall be twenty (20) feet; and the rear yard setback for Lots 1 through 5 and the westernmost lot line of Lot 6 shall be thirty (30) feet. (3) The side yard line of each lot which has no building setback line adjacent and parallel to it as shown on the subdivision plat, shall be known as the “zero lot line.” Side yard for Lots 14 and 15 shall be 20 ft.; the joint side yard for Lots 6 and 7 shall be 7.5 ft.; and the joint side yard line for Lots 9 and 10 and 11 and 12 shall be 5 ft. (4) Side yards adjacent to streets shall be 20 ft. on Lots 14 and 15; shall be 10 ft. for Lot 7. (8) Width of lot 45 feet minimum (measured at front building line) (9) Depth of lot 105 feet minimum (measured midpoint of the frontage) Town Council Page 968 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-65 (g) Off-street parking. Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. (h) Garages. Attached and detached garages shall not face a golf course. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses. (i) Off-street loading. No off-street loading is required in the R-S Summit District for residential uses. Off-street loading for conditional uses may be required as determined by the planning and zoning commission and town council. (j) Masonry requirement. All principal and accessory buildings and structures located in each of the zoning districts herein shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics may be allowed upon approval of the planning and zoning commission. (Ordinance 98-29, sec. XXIV, adopted 12/1/98; Ordinance 2000-06, sec. XXIV, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.11) Sec. 14.02.162 MH HUD-Code Manufactured Home and Industrialized Housing District regulations (a) Purpose. (1) The purpose of this district is to provide adequate space and restrictions for the placement of HUD-code manufactured homes and industrialized housing in the town within designated subdivisions. (This does not include mobile homes as defined in this ordinance.) The “MH” District is also established to provide housing densities compatible with existing and proposed neighborhoods by providing alternative housing types both in construction and economy within the “MH” District. No HUD- code manufactured home or industrialized housing shall be allowed on any parcel or lot except on parcels or lots within the “MH” District. (2) It is the intent of the “MH” HUD-Code Manufactured Home or Industrialized Housing District to provide the maximum amount of freedom possible in the design of such developments and the grouping and layout of homes within such developments in order to provide amenities normally associated with planned residential areas. (b) HUD-code manufactured home/industrialized housing subdivision. Land within the “MH” district will be developed as a HUD-code manufactured home or industrialized housing subdivision. Lots within the MH district will be sold to private individuals in strict conformance with the terms and conditions under which the subdivision was approved by the planning and zoning commission. All roadways within a HUD-code manufactured home or industrialized Town Council Page 969 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-66 housing subdivision shall be dedicated to the public. Private interior drives must be approved by the town. Land zoned “MH” which is not developed as a HUD-code manufactured home or industrialized housing subdivision may be developed as R-11, R-12, and R-15, so long as it is developed in accordance with the regulations of said district. In such case, manufactured homes or industrialized housing will not be permitted. (c) Uses generally. In the “MH” HUD-Code Manufactured Home or Industrialized Housing District no land shall be used and no building shall be installed, erected or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following: (1) Accessory uses. Accessory uses shall be permitted within the “MH” HUD-code Manufactured Home and Industrialized Housing District in accordance with the regulations provided in section 14.02.253, Accessory Structures. (2) Conditional uses. Conditional uses may be permitted within the “MH” HUD-Code Manufactured Home and Industrialized Housing District in accordance with the regulations provided in section 14.02.301, Conditional Permit. (3) Limitation of uses. (A) Garage sales are prohibited. (B) Any use not expressly permitted or allowed by permit herein is prohibited. (d) Site plan requirements. All properties within this district shall be contiguous and shall be totally developed under a unified site plan. No application for a building permit for the construction of a building or structure shall be approved unless a site plan has been approved meeting the conditions as provided in section 14.02.259, Site Plan Requirements. (e) Density regulations. A maximum density within the MH District shall not exceed one (1) dwelling per lot and shall not exceed five (5) units per acre. (f) Height regulations. No building constructed in a HUD-Code Manufactured Home or Industrial Housing District shall exceed twenty-five (25) feet, or one (1) story in height. (g) Area regulations. The following minimum standards shall be required, measured from property lines: Area Description Area Regulations (1) Lot size Lots for permitted uses shall have a minimum area of seven thousand five hundred (7,500) square feet of area. (2) Minimum open space 60 feet minimum (measured at front building line) [sic] (3) Minimum floor area 60 feet minimum (measured at front building line) [sic] (4) Depth of lot 100 [feet] minimum (measured at midpoint of the frontage) Town Council Page 970 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-67 Area Description Area Regulations (5) Depth of front yard** 25 feet minimum (6) Depth of side yard** Not less than fifteen (15) feet to any one side and no building shall be closer than fifteen (15) feet to any adjacent dwelling. (7) Depth of rear yard** 25 feet minimum (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the town.) [**All required yards shall comply with section 14.02.255, Required Yards.] (h) Landscaping requirements. Landscaping shall be required in accordance with section 14.02.352, Landscape Regulations. (i) Underground utilities. All utility lateral and service lines located within the MH District shall be installed underground in accordance with the requirements as provided in the subdivision regulations as adopted by the town. (j) Open space area. Open space designated for the use and enjoyment of all residents, shall be provided within a HUD-code manufactured home or industrialized housing subdivision at the ratio of five hundred (500) square feet for each of the first twenty (20) units, and two hundred (200) square feet for each additional unit in excess of twenty (20). Designated open space shall be developed and maintained for recreational and leisure activities and shall be located within the subdivision being developed. (k) Development and installation standards. (1) HUD-code manufactured homes and industrialized homes shall have the axles, wheels, and tow bar or tongue removed and shall be secured to a permanent foundation or footing and piers, all in accordance with manufacturer’s specifications. (2) HUD-code manufactured homes must have a minimum of an eighteen-inch crawl space left under all homes. (3) A concrete or asphalt surface with good drainage shall cover the area where a home is to be sited. (4) It is recommended that each HUD-code manufactured home site have a slab or patio not less than twenty feet in length and six feet in width, comprised of concrete, flagstone, or similar substance, installed adjacent to each site. (5) HUD-code manufactured homes shall have permanent steps installed at all exits. (6) Skirting shall be securely attached on all sides between the HUD-code manufactured home and the ground on all sides within thirty days of home installation. Skirting materials shall consist of materials which are compatible with design of the home and Town Council Page 971 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-68 enhance its appearance. Unpainted or untreated corrugated metal, screen or wire, or lattice type skirting is prohibited. (7) Construction, siting, and installation of the homes shall be in conformance with applicable federal, state, and local codes and standards, and each HUD-code manufactured home shall have affixed a seal of the appropriate federal or state department. (8) Sanitation, fire protection and underground utility services shall be provided to each lot in accordance with the town and municipal utility district ordinances and regulations. (9) Ingress and egress to the property shall be provided in accordance with the requirements of the town ordinance standards and regulations. (10) Drainage and garbage collection right-of-way, fire lanes and utility easements shall be provided as required by the town. Such can be accomplished by designating all private interior drives within the project as easements for vehicular access and service. (11) Soil conditions, groundwater level, drainage, flooding, and topography shall not create hazards to the developed portion of the property or the health and safety of the residents. (12) HUD-code manufactured home or industrialized housing subdivisions shall be developed at densities reasonably comparable to adjacent residential uses or have adequate landscape buffering or open space to provide transition of uses. Adequate landscape buffering or open space for transition purposes shall be determined on an individual site basis and shall be subject to approval of the town. (13) Any structural alteration or modification of a HUD-code manufactured home or industrialized home after it is placed on the site must be approved by the building official of the town. All structural additions shall comply with the town’s building codes and ordinances. (14) Site-built additions. The addition of peaked roof facades, atrium entrances, garages, porches and patios are encouraged in order to increase the compatibility with conventional single-family housing design in the town. (15) A carport or garage shall be constructed on-site. Said garage or carport shall be of masonry construction and shall have roofing material similar to that permitted in the R-12 District. The rear of the carport and one side perpendicular to the rear shall be enclosed. Sides located adjacent to streets shall be enclosed. (l) Interior drives. (1) The use of private interior drives must be approved by the town. Such interior drives shall have a minimum easement width of fifty (50) feet and shall have a minimum paved roadway width of twenty-eight (28) feet. Town Council Page 972 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-69 (2) Public interior streets shall be located within dedicated rights-of-way, and shall have a minimum paved roadway width provided in accordance with the applicable standards in the town subdivision regulations and design standards. (m) Paving. (1) All private interior drives, entrances, and service drives shall be constructed in accordance with town design standards and shall have a six (6) inch raised curb and gutter of concrete meeting the street standards of the town. The developer shall bear the total cost of construction and maintenance of all such improvements, including curb and drainage structures which may be needed. (2) All parking areas and public streets shall be of concrete construction, as approved by the town engineer. (n) Off-street parking. Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. Every residence shall have a garage or carport which shall have a minimum interior measurement of 21 feet by 22 feet. (o) Garages. Attached garages shall not face any public dedicated right-of-way or the golf course. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses. (p) Screening. A solid, opaque screening wall or fence of not less than six (6) feet in height, measured at the highest finished grade, shall be provided along all perimeter property lines of a HUD-code manufactured home and industrialized housing subdivision which do not abut a dedicated street, as indicated on the site plan. Said screening wall or fence shall be of a decorative masonry construction. This requirement can be waived or modified if natural or man-made physical features create an adequate separation or buffer from adjacent uses, as determined by the town. However any request to waive this requirement shall be presented as an element of the site plan and shall be subject to approval at that time only. (q) Preservation of site assets. When developing a HUD-code manufactured home or industrialized housing subdivision, the following steps shall be taken to preserve on-site assets. (1) Suitable available topsoil and desirable existing trees, shrubs, and ground cover shall be preserved and protected where practicable in accordance with the town’s tree preservation standards. (2) Topsoil which is suitable and needed for later use in finished grading shall be stripped from areas to be occupied by structures, parking areas, streets and driveways, and from areas to be re-graded or disturbed. This topsoil shall be collected and stored on the site in convenient places for future use and shall be free of debris during construction. Town Council Page 973 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-70 (r) Water and sewer. Each HUD-code manufactured home or industrialized home space or lot shall be served by water and sanitary sewer. Engineering plans for water and sanitary sewer shall be submitted for review by the town, at the time of site plan approval. (s) Drainage. Engineering plans for drainage shall be submitted for review by the town at the time of site plan approval. All applicable requirements of the town shall be complied with. (t) HUD-code manufactured home or industrialized housing sales. HUD-code manufactured home or industrialized housing subdivisions shall be for residential purposes only. Sales of these homes shall be limited to those which become available on the market on an individual basis. Commercial sales and promotion are not permitted. (Ordinance 98-29, sec. XXV, adopted 12/1/98; Ordinance 2000-06, sec. XXV, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.12) Sec. 14.02.163 PD Planned Development District regulations (a) Purpose. In certain instances, the purposes of the zoning ordinances may be achieved by the development of planned units which do not conform in all respects with the land use pattern designated on the zoning map or the district regulations prescribed by this ordinance or the subdivision regulations. A planned development (PD) is on tracts of land of not to exceed 250 acres and may include a combination of different dwelling types and/or a variety of land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity. The purpose of the district is to encourage creative development of the land, provide locations for well-planned comprehensive developments, and provide for variety and flexibility in the development patterns of the town which promote the health, safety, morals and general welfare of the community. The town council is empowered to grant permits for planned developments only after review and recommendation by the planning and zoning commission under the procedure established herein. (b) Planned development uses. In a PD Planned Development District, no land shall be used and no building shall be installed, erected for, or converted to any use other than as hereinafter provided. (1) Residential planned developments. Shall be considered appropriate where the following conditions prevail: (A) The project utilizes innovative land development concepts and is consistent with the comprehensive land use plan and the goals and objectives of the town; (B) Dwelling units are situated such that an appreciable amount of land for open space is available and is integrated throughout the planned development; (C) The project utilizes an innovative approach in lot configuration and mixture of single-family housing types; (D) Higher densities than conventional single-family projects of the same acreage are achievable with appropriate buffering between existing conventional single-family developments and increased open space; Town Council Page 974 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-71 (E) The site exhibits environmentally natural features which should be considered for preservation and/or enhancement; (F) Aesthetic amenities may be provided in the planned development design which are not economically feasible to provide in conventional single-family projects; and (G) The project provides a compatible transition between adjacent existing conventional single-family residential projects and provides a compatible transition for the extension of future conventional single-family projects into adjacent undeveloped areas. (2) Nonresidential planned developments. Shall be considered appropriate where the following conditions prevail: (A) The project utilizes innovative land development concepts and is consistent with the comprehensive land use plan and the goals and objectives of the town. (B) Nonresidential uses are situated such that an appreciable amount of land is available for open space or joint use as parking space and is integrated throughout the planned development. (C) The site exhibits environmentally natural features which should be considered for preservation and/or enhancement. (D) Aesthetic amenities may be provided in the planned development design which are not economically feasible to provide in conventional nonresidential projects. (E) The project provides a compatible transition between adjacent existing single- family residential projects and provides a compatible transition for the extension of future single-family projects into adjacent undeveloped areas. (3) Accessory uses. Accessory uses shall be permitted in a PD in accordance with the regulations provided in section 14.02.253, Accessory Structures. Any accessory use permitted within the residential districts of the town shall be permitted as accessory uses to a principal use provided that no accessory use shall be a source of income to the owner or occupant of the principal use. (4) Conditional uses. Any conditional uses as defined in section 14.02.301, Conditional Permit, shall be permitted in the PD, Planned Development District. (5) Prohibited uses. (A) Any building erected or land used for other than the use shown on the planned development site plan, as approved by the town council. (B) Any use of property that does not meet the required minimum lot size; front, side and rear yard dimensions; and/or lot width, or exceeds the maximum height, building coverage or density per gross acreage as shown in the Town Council Page 975 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-72 development’s recorded planned development site plan, as approved by town council. (C) Any use deemed by the town council as being detrimental to the health, safety, or general welfare of the citizens of the town. (c) Density, area and height regulations. The following density, area and height regulations shall apply: (1) Density, area and height regulations for each use shall meet or exceed the maximum and minimum standards applicable to such uses as if those uses were situated in the least restrictive district in which such uses are permitted or as listed in this section, or demonstrate that the intent of the standards has been met in accordance with good planning practices. (2) Modification of the density, area and height regulations contained in this ordinance may be allowed by the planning and zoning commission and the town council when all of the following circumstances are met: (A) The proposed modifications substantially meet the intent of this ordinance, the subdivision regulations and the comprehensive plan. (B) The proposed modification provides for better project design. (C) The combination of different dwelling types and/or the variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity. (D) The development will not generate more traffic than the streets in the vicinity can carry without congestion and the development will not overload utilities as determined by the town engineer/planner. (E) Financial reasons shall not be the sole reason for modification of standards. (3) (A) In approving the planned development ordinance and planned development site plan, the town council shall, after recommendation by the planning and zoning commission, specify such land uses, maximum height, area restrictions, density, minimum off-street parking and loading standards, setbacks, site coverage, building spacing, access, screening walls or landscaping, building area, open space pedestrian ways, public or private streets, alleys, and other development and protective requirements considered necessary to protect the health, safety and general welfare, and to create a reasonable transition to and protection from property adjacent to a planned development district. Such standards shall be specified in the ordinance establishing the district, and in the planned development site plan, which shall be made a part of the ordinance establishing the district. (B) Approval of the ordinance, resulting in a PD designation being given to the property, may not occur without the planned development site plan or specific regulations being provided at the time of initial approval. However, conditional to the development of PD zoned property is the requirement that the planned Town Council Page 976 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-73 development site plan and specific density, area, and height regulations must be approved by the town council prior to issuance of a building permit by the town. (d) Ownership. An application for approval of a planned development site plan under the planned development district regulations may be filed by a person having a legal interest in the property to be included in the planned development site plan. In order to ensure unified planning and development of the property, the applicant shall provide evidence, in form satisfactory to the town attorney, prior to final approval of the planned development site plan, that the property is held in single ownership or is under single control. Land shall be deemed to be held in single ownership or under single control if it is in joint tenancy, tenancy in common, a partnership, a trust, or a joint venture. The planned development site plan shall be filed in the name(s) of the record owner(s) of the property, which shall be included in the application. (e) Development schedule. (1) An application for a planned development district shall be accompanied by a development schedule indicating the approximate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule, if adopted and approved by the town council, shall become part of the planned development ordinance and shall be adhered to by the owner, developer, and their assigns or successors in interest. (2) Annually, upon the anniversary date, or more frequently if required, the developer shall provide a written report to the planning and zoning commission concerning the actual development accomplished as compared with the development schedule. (3) The planning and zoning commission may, if in its opinion the owner or owners of the property are failing or have failed to meet the approved development schedule, initiate proceedings to amend the official zoning map or the planned development district by removing all or part of the planned development district from the official zoning map and placing the area involved in another appropriate zoning district. After the recommendation of the planning and zoning commission and for good cause shown by the owner and developer, the town council may extend the development schedule as may be indicated by the facts and conditions of the case. (f) Plan requirements. No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all requirements of the town, has been approved by the town council and recorded in the official records of the county in which the property is located. (g) Concept plan. The applicant for any PD planned development shall submit a concept plan to the planning and zoning commission and the town council for approval prior to submitting a planned development site plan. The concept plan shall contain appropriate information to describe the general land use configuration, proposed densities or lot sizes, proposed amenities, and proposed area regulations. (h) Planned development site plan. No applicant shall be granted development approval and no building permit shall be issued until a planned development site plan has been approved by the Town Council Page 977 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-74 town council in accordance with this section. The following items shall be shown on the planned development site plan: (1) The location of all existing and planned non-single-family structures on the subject property. (2) Landscaping lighting and/or fencing and/or screening of common areas. (3) General locations of existing tree clusters, providing average size and number and indication of species. (4) Location and detail of perimeter fencing if applicable. (5) Design of ingress and egress with description of special paver treatment if proposed. (6) Off-street parking and loading facilities, and calculations showing how the quantities were obtained for all non-single-family purposes. (7) Height of all non-single-family structures. (8) Proposed uses. (9) The location and types of all signs, including lighting and heights, for parking lots and common areas. (10) Elevation drawings citing proposed exterior finish materials for all non-single-family structures. (11) Location and description of subdivision signage and landscaping at entrance areas. (12) Street names on proposed streets. (13) Proposed water, wastewater collection, and storm sewer lines; proposed grading and drainage patterns. (14) Engineering drawings of all improvements to be dedicated to the town or MUD if the property is not to be final platted or if engineering drawings have not been previously submitted for the site. If the property is to be final platted, these may be provided at that time. (15) Such additional terms and conditions, including design standards, as the planning and zoning commission and the town council deem necessary. (Ordinance 98-29, sec. XXVI, adopted 12/1/98; Ordinance 2000-06, sec. XXVI, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.13) Sec. 14.02.164 NS Neighborhood Service District regulations (a) Purpose. The purpose of the NS Neighborhood Service District is to provide limited low impact service type facilities to residential areas. Services permitted in this district do not involve retail activity. The uses allowed in these districts should not have an adverse effect on adjacent Town Council Page 978 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-75 residential areas, and may be located close to residential uses, with appropriate buffers and landscaping. (b) Uses generally. In a NS Neighborhood Service District, no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following: (1) Accessory uses. Accessory uses shall be permitted within the NS Neighborhood Service District in accordance with the regulations provided in section 14.02.253, Accessory Structures. (2) Conditional uses. Conditional uses may be permitted within the NS Neighborhood Service District in accordance with the regulations provided in section 14.02.301, Conditional Permit. (3) Limitation of uses. Any use not expressly permitted herein or allowed by permit is prohibited. (c) Plan requirements. No application for a building permit for the construction, erection or placement of a building or structure shall be approved unless: (1) A plat, meeting all requirements of the town, has been approved by the town council and recorded in the official records of the county in which the property is located; (2) Site plan. A site plan has been approved meeting the conditions as provided in section 14.02.259, Site Plan Requirements. (3) A landscape plan, meeting the requirements of section 14.02.352, Landscaping Regulations, has been approved. (d) Density regulations. None. (e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building or structure shall exceed 40' feet or two (2) stories in height. Any building or structure adjoining or contiguous to a residentially zoned district shall not exceed 28 feet or one (1) story in height. (f) Area regulations. The following minimum standards shall be required, measured from property lines: Area Description Area Regulations (1) Minimum open space At least twenty percent (20%) of the total lot area shall be devoted to non-vehicular open space. (Non- vehicular open space is any area not devoted to buildings, parking, load, storage, or vehicular use.) (2) Maximum building coverage The combined area covered by all main and accessory buildings and structures shall not exceed sixty percent (60%) of the total lot area. Town Council Page 979 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-76 Area Description Area Regulations (3) Maximum impervious area The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total lot area. (4) Depth of front yard 30 feet minimum (5) Depth of rear yard 30 feet minimum (No rear yard shall face any street.) (6) Width of side yard on each side 15 feet minimum *All required yards shall comply with section 14.02.255, Required Yards. (g) Buffered area regulations. Whenever a NS Neighborhood Service development is located contiguous to an existing residential development or an area zoned for residential purposes, all principal buildings or structures shall be set back a minimum of forty (40) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to provide visual and acoustical privacy and to adequately buffer adjoining uses. (h) Off-street parking. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. (i) Off-street loading. Off-street loading shall be provided as required by section 14.02.354, Off-Street Loading Requirements. (j) Landscaping requirements. Landscaping shall be required in accordance with section 14.02.352, Landscaping Regulations. (k) Design requirements. The following design requirements shall apply in the NS Neighborhood Service District: (1) No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view. (2) Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view. (3) Lighting shall be designed to reflect away from any adjacent residential area. (l) Masonry requirement. All principal and accessory buildings and structures shall be of exterior fire resistant construction having one hundred (100) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior Town Council Page 980 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-77 chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics may be allowed upon approval of the planning and zoning commission. (Ordinance 98-29, sec. XXVII, adopted 12/1/98; Ordinance 2000-06, sec. XXVII, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.14) Sec. 14.02.165 CG Commercial General District regulations (a) Purpose. The purpose of the CG Commercial General District is to provide locations for local neighborhood shopping and personal service needs of the surrounding area, to accommodate general retail shopping and to accommodate low intensity business or professional offices that are designed and sited to be compatible with nearby residential uses and which primarily provide services to residents of the community. (b) Uses generally. In a CG Commercial General District, no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following. Hours of operation for the uses set forth in section 14.02.103, Use Tables, shall be no longer than from 6:00 a.m. to 11:00 p.m. Deliveries and service calls are allowed only between 8:00 a.m. and 5:00 p.m. No outside sales of any kind shall be conducted, including but not limited to truck lot, pedestrian walkway, tent or other sales. (1) Accessory uses. Accessory uses shall be permitted within the CG Commercial District in accordance with the regulations provided in section 14.02.253, Accessory Structures. (2) Conditional uses. Conditional uses may be permitted within the CG Commercial District in accordance with the regulations provided in section 14.02.301, Conditional Permit. (3) Limitation of uses. Any use not expressly permitted or allowed by permit herein is prohibited. (c) Plan requirements. No application for a building permit for the construction of a building or structure shall be approved unless: (1) A plat, meeting all requirements of the town, has been approved by the town council and recorded in the official records of the county in which the property is located; (2) Site plan. A site plan has been approved meeting the conditions as provided in section 14.02.259, Site Plan Requirements. (3) A landscape plan, meeting the requirements of section 14.02.352, Landscaping Regulations, has been approved. (d) Density regulations. None. (e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building shall exceed 40' feet or two (2) stories in height. Any building or structure adjoining or contiguous to a residentially zoned district shall not exceed 28 feet or one (1) story in height. Town Council Page 981 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-78 (f) Area regulations. The following minimum standards shall be required, measured from property lines: Area Description Area Regulations (1) Minimum open space At least twenty percent (20%) of the total lot area shall be devoted to non-vehicular open space. (Non- vehicular open space is any area not devoted to buildings, parking, load, storage, or vehicular use.) (2) Maximum building coverage The combined area covered by all main and accessory buildings and structures shall not exceed sixty percent (60%) of the total lot area. (For the purpose of this section only, parking lots are not included as part of the percentage coverage.) (3) Maximum impervious area The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total lot area. (4) Depth of front yard 30 feet minimum (5) Depth of rear yard 30 feet minimum (No rear yard shall face any street.) (6) Width of side yard on each side 15 feet minimum each side *All required yards shall comply with section 14.02.255, Required Yards. (g) Buffered area regulations. Whenever a CG Commercial General Development is located adjacent to an existing residential development or an area zoned for residential purposes, all principal buildings or structures shall be set back a minimum of forty (40) feet from the adjoining property line. The setback area shall contain only landscape improvements, fencing, berms or trees to provide visual and acoustical privacy and to adequately buffer adjoining uses. (h) Off-street parking. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. In addition, the following regulations shall apply: (1) Parking lots shall be designed with compartmentalized parking lots for all areas of over 50 spaces. (2) Access to individual developments shall be obtained through mutual access and cross-access drives on-site. Multiple driveway entrances for individual lots shall be prohibited, unless it is determined that it is physically impossible to provide shared access to the lot or if extenuating circumstances can be demonstrated and are approved by the town council after recommendation by the planning and zoning commission. (3) Total driveway entrances shall not exceed 3 entrances for any development. Town Council Page 982 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-79 (4) Driveways shall have a minimum separation of 150 feet. (5) Parking spaces shall not be permitted within the building line setback areas. Drive lanes shall only be permitted in building line setback area when crossing setback area. (6) There shall be a maximum of 12 consecutive spaces between islands with at least one 4" caliper tree in each island. Landscaping in the islands shall include a combination of ground cover, shrubs, and flowering plants in addition to the required tree. (7) A raised curb shall be required for all parking and driving surfaces. (8) Curb stops shall be required on all parking spaces that “head-in” to any landscaped area. These curb stops shall be placed such that the overhang of a vehicle is contained totally within the limits of the parking space. (9) A traffic circulation plan and impact analysis shall be prepared and provided with the site plan for all new development. The traffic impact analysis requirement may be excluded from the site plan if the town engineer determines that the analysis is not necessary for the development. (10) All entrance drives shall be accented with decorative street treatment, and shall be clearly detailed on the site plan. (11) Paved parking areas shall have at least 10% of the paved surface area dedicated to decorative street treatment as approved by the town planning and zoning commission. (12) Crosswalks, when provided, shall be marked similar to decorative street pavement. (i) Off-street loading. Off-street loading shall be provided as required by section 14.02.354, Off-Street Loading Requirements. (j) Landscaping requirements. Landscaping shall be required in accordance with section 14.02.352, Landscaping Regulations. In addition, the following regulations shall apply: (1) A front setback area shall be devoted to a landscape buffer. Only drive crossings that provide ingress and egress will be allowed. (2) The front landscape buffer shall contain trees of 4-inch caliper measured 12" from the ground and shall be 12 feet in height planted on 30-foot centers. In addition, shrubs, berms, decorative walls, or a combination thereof, shall be provided between the trees such that a screen of a minimum of three feet in height shall screen the parking areas. (k) Design requirements. The following design requirements shall apply in the CG District: (1) No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view with screening which is the same as the architectural style of the main structure. Town Council Page 983 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-80 (2) Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view with screening which is the same as the architectural style of the main structure. All ground-mounted equipment shall be screened from view with masonry construction similar to the primary structure. Line of sight drawings will be required to illustrate that adequate screening is provided. (3) The site plan shall provide a lighting plan detailing the layout of fixtures, elevations, lamp type, and average maintained illumination of each fixture. Exterior lighting fixtures shall not exceed a maximum height of 25 feet, measured from the adjacent ground, shall direct light toward the ground, and shall be shielded. Alternatives may be approved by the town council upon recommendation by the planning and zoning commission on a case-by-case basis, when used to complement the architectural character of the development. Lighting shall be designed to reflect away from any adjacent residential area. (4) On structures 5,000 square feet or less, pitched roof construction will be required. No flat or built-up roof construction shall be permitted. (5) Design of structures greater than 5,000 square feet shall include relief to walls and roofs. Single uninterrupted surface-planes shall not be permitted. The roof of structures may be a flat roof construction, but must provide a variation of roofline which may include a partial pitched roof for architectural relief. (6) Any canopy system must provide columns constructed of similar masonry material as the primary structure. (7) Uniform architectural treatment shall be provided to all sides of the structure. (l) Masonry requirement. (1) All principal and accessory buildings and structures shall be of exterior fire resistant construction having one hundred (100) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick or stone including the area above the first floor ceiling plate line. (2) Painted tilt wall and painted concrete block shall not be permitted as finished masonry material. (3) Stucco shall be used only as an accent material subject to prior approval of P&Z. (4) All exterior chimneys surfaces shall also be of brick, stone, or stucco. (5) Other materials of equal characteristics, which are demonstrated to be critical to the architectural theme of the structure, may be allowed upon approval of the planning and zoning commission. Town Council Page 984 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-81 (6) Masonry materials shall be of earth tones and shall be submitted to the planning and zoning commission for recommendation and to the town council for approval. For the purpose of this section, earth tones shall be understood to consist of darker and pastel shades of the color spectrum, which may generally be found in the natural environment. These colors shall not generally consist of the vibrants or fluorescents of the color spectrum. (m) Pedestrian circulation. The following design requirements shall apply in the CG District: (1) Pedestrian connections shall access walkways within the development, shall be landscaped, and shall include architectural features consistent with the character of the development. (2) Pedestrian connections among and between developments shall be provided and shall be clearly indicated on the site plan. (3) The site plan shall indicate future access between properties. (4) The pedestrian connections shall access public open green space corridors, where appropriate. (n) Entry markers. The following design requirements shall apply in the CG District: (1) Entry markers of monument type shall be located at each principal entrance to developments in accordance with the established signage requirements of the town. (2) Entry markers with double faces shall be located in medians in access drives. (3) In locations with no median access drive, a single facing monument sign placed at the entrance shall be mirrored on the other side of the entrance. (o) Service areas. The following design requirements shall apply in the CG District: (1) All service areas, including, but not limited to the location of loading docks, garages, garbage disposal units, and truck parking, shall be completely screened from view. (2) The centralized trash collection point shall not be located in any street yard. (A) Street yard: Shall mean that area of land located between the structure and a street right-of-way line of a front, side or rear lot line. (3) All trash receptacles shall be screened with a masonry wall of material similar to the main structure, with appropriate landscaping on three sides and shall have a screening gate which shall remain closed except when being serviced. (4) All trash receptacles shall be adequately sized to contain all trash at all times. (p) Signs. The town sign ordinance shall govern regarding all signs located in the CG District. Town Council Page 985 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-82 (q) Supplemental nonresidential requirements. Additional requirements for nonresidential uses located within the CG district shall apply in accordance with section 14.02.352(h), Requirements for Nonresidential Districts and Uses. (Ordinance 98-29, sec. XXVIII, adopted 12/1/98; Ordinance 2000-06, sec. XXVIII, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.15) Sec. 14.02.166 CR Commercial Recreation District regulations (a) Purpose. The purpose of the CR Commercial Recreation District is to accommodate and allow development of privately owned recreation areas and low intensity commercial uses that are directly related, designed and sited to be compatible with the recreational use. (b) Uses generally. In a CR Commercial Recreation District, no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following: (1) Accessory uses. Accessory uses shall be permitted within the CR Commercial Recreation District in accordance with the regulations provided in section 14.02.253, Accessory Structures. (2) Conditional uses. Conditional uses may be permitted within the CR Commercial Recreation District in accordance with the regulations provided in section 14.02.301, Conditional Permit. (3) Limitation of uses. Any use not expressly permitted or allowed by permit herein is prohibited. (c) Plan requirements. No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all requirements of the town, has been approved by the town council and recorded in the official records of the county in which the property is located. (d) Density requirements. None. (e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building shall exceed 40' feet or two (2) stories in height. (f) Minimum open space. All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance and other applicable ordinances of the town. (g) Buffered area regulations. Whenever a CR Commercial Recreation development is located adjacent to a residentially zoned area, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of forty (40) feet from the adjoining property line. The setback area shall contain only landscape improvements, fencing, berms or trees to provide visual and acoustical privacy and to adequately buffer adjoining uses. Town Council Page 986 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-83 (h) Site plan. A site plan has been approved meeting the conditions as provided in section 14.02.259, Site Plan Requirements. (i) Landscaping requirements. Landscaping shall be required in accordance with section 14.02.352, Landscaping Regulations. In addition, the following regulations shall apply: (1) A front setback area shall be devoted to a landscaped buffer. Only drive crossing that provides ingress and egress will be allowed. (2) The front landscape buffer shall contain trees of 4-inch caliper measured 12" from the ground and shall be 12 feet in height planted on 30-foot centers. In addition, shrubs, berms, decorative walls, or a combination thereof, shall be provided between the trees such that a screen of a minimum of three feet in height shall screen the parking areas. (j) Design requirements. The following design requirements shall apply: (1) No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view with screening which is the same as the architectural style of the main structure. (2) Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view with screening which is the same as the architectural style of the main structure. All ground-mounted equipment shall be screened from view with masonry construction similar to the primary structure. Line of sight drawings will be required to illustrate that adequate screening is provided. (3) The site plan shall provide a lighting plan detailing the layout of fixtures, elevations, lamp type, and average maintained illumination of each fixture. Exterior lighting fixtures shall not exceed a maximum height of 25 feet measured from the adjacent ground, shall direct light toward the ground and shall be shielded. Alternatives may be approved by the town council upon recommendation by the planning and zoning commission on a case-by-case basis, when used to complement the architectural character of the development. Lighting shall be designed to reflect away from any adjacent residential area. (4) On structures 5,000 square feet or less, pitched roof construction will be required. No flat or built-up roof construction shall be permitted. (5) Design of structures greater than 5,000 square feet shall include relief to walls and roofs. Single uninterrupted surface-planes shall not be permitted. The roof of structures may be a flat roof construction, but must provide a variation of roofline which may include a partial pitched roof for architectural relief. (6) Any canopy system must provide columns constructed of similar masonry material as the primary structure. (7) Uniform architectural treatment shall be provided to all sides of the structure. Town Council Page 987 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-84 (k) Off-street parking. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements. In addition, the following regulations shall apply: (1) Parking lots shall be designed with compartmentalized parking lots for all areas of over 50 spaces. (2) Access to individual developments shall be obtained through mutual access and cross-access drives on-site. Multiple driveway entrances for individual lots shall be prohibited unless it is determined that it is physically impossible to provide shared access to the lot or if extenuating circumstances can be demonstrated and are approved by the town council after recommendation by the planning and zoning commission. (3) Total driveway entrances shall not exceed 3 entrances for any development. (4) Driveways shall have a minimum separation of 150 feet. (5) Parking spaces shall not be permitted within the building line setback areas. Drive lanes shall only be permitted in building line setback area when crossing setback area. (6) There shall be a maximum of 12 consecutive spaces between islands with at least one 4" caliper tree in each island. Landscaping in the islands shall include a combination of ground cover, shrubs, and flowering plants in addition to the required tree. (7) A raised curb shall be required for all parking and driving surfaces. (8) Curb stops shall be required on all parking spaces that “head-in” to any landscaped area. These curb stops shall be placed such that the overhang of a vehicle is contained totally within the limits of the parking space. (9) A traffic circulation plan and impact analysis shall be prepared and provided with the site plan for all new development. The traffic impact analysis requirement may be excluded from the site plan if the town engineer determines that the analysis is not necessary for the development. (10) All entrance drives shall be accented with decorative street treatment and shall be clearly detailed on the site plan. (11) Paved parking areas shall have at least 10% of the paved surface area dedicated to decorative street treatment as approved by the town planning and zoning commission. (12) Crosswalks, when provided, shall be marked similar to decorative street pavement. (l) Off-street loading. Off-street loading shall be provided in accordance with section 14.02.354, Off-Street Loading Requirements. Town Council Page 988 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-85 (m) Masonry requirement. (1) All principal and accessory buildings and structures shall be of exterior fire resistant construction having one hundred percent (100%) of the total exterior walls, excluding doors, windows and porches, constructed of brick or stone including the area above the first floor ceiling plate line. (2) Painted tilt wall and painted concrete block shall not be permitted as finished masonry material. (3) Stucco shall be used only as an accent material subject to prior approval of P&Z. (4) All other chimneys surfaces shall also be of brick, stone, or stucco. (5) Other materials of equal characteristics may be allowed upon approval of the planning and zoning commission. (6) Masonry materials shall be of earth tones and shall be submitted to the planning and zoning commission for recommendation and to the town council for approval. For the purpose of this section, earth tones shall be understood to consist of darker and pastel shades of the color spectrum, which may generally be found in the natural environment. These colors shall not generally consist of the vibrants or fluorescents of the color spectrum. (7) The town council upon either negative or positive recommendation from the planning and zoning commission shall have the power to modify masonry 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 in accordance with the spirit of the ordinance. (A) For the purpose of this ordinance, the following are established as general conditions, all of which shall be met upon granting any waiver or modification to the masonry requirements as outlined in this section. (i) No diminution value of surrounding properties would be suffered; and (ii) Granting the permit would be of benefit to the public interest and surrounding properties; and (iii) 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 (iv) By granting the permit, substantial justice would be done; and (v) The use must not be contrary to the spirit of the ordinance. (B) The burden of demonstrating all general conditions have been met and that a modification is appropriate is upon the person requesting the modification. The town council and planning and zoning commission may require a person Town Council Page 989 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-86 requesting a modification to provide proof as each body determines necessary and appropriate for the planning and zoning commission and the town council to evaluate the application for modification. (n) Pedestrian circulation. The following design requirements shall apply in the CR District: (1) Pedestrian connections shall access walkways within the development, shall be landscaped, and shall include architectural features consistent with the character of the development. (2) Pedestrian connections among and between developments shall be provided and shall be clearly indicated on the site plan. (3) The site plan shall indicate future access between properties. (4) The pedestrian connections shall access public open green space corridors, where appropriate. (o) Entry markers. The following design requirements shall apply in the CR District: (1) Entry markers of monument type shall be located at each principal entrance to developments in accordance with the established signage requirements of the town. (2) Entry markers with double faces shall be located in medians in access drives. (3) In locations with no median access drive, a single facing monument sign placed at the entrance shall be mirrored on the other side of the entrance. (p) Service areas. The following design requirements shall apply in the CR District: (1) All service areas, including but not limited to the location of loading docks, garages, garbage disposal units, and truck parking, shall be completely screened from view. (2) The centralized trash collection point shall not be located in any street yard. (A) Street yard: Shall mean that area of land located between the structure and a street right-of-way line of a front, side, or rear lot line. (3) All trash receptacles shall be screened with a masonry wall of material, with appropriate landscaping on three sides and shall have a screening gate which shall remain closed except when being serviced. (4) All trash receptacles shall be adequately sized to contain all trash at all times. (q) Signs. The town sign ordinance shall govern regarding all signs located in the CR District. Town Council Page 990 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-87 (r) Supplemental nonresidential requirements. Additional requirements for nonresidential uses located within the CR District shall apply in accordance with section 14.02.352(h), Requirements for Nonresidential Districts and Uses. (Ordinance 98-29, sec. XXIX, adopted 12/1/98; Ordinance 2000-06, sec. XXIX, adopted 3/21/00; Ordinance 2006-32, sec. II, adopted 9/11/06; 2006 Code, ch. 13, sec. 4.16; Ordinance adopting Code) Sec. 14.02.167 PO Professional Office District regulations (a) Purpose. The purpose of the PO Professional Office District is to create a restrictive district for attractive, low to moderate intensity office and professional uses. The uses allowed in these districts should not have an adverse effect on adjacent residential areas, and may be located close to residential uses, with appropriate buffers and landscaping. (b) Uses generally. In a PO Professional Office District, no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following. Delivery and service calls are allowed only between 8:00 a.m. and 5:00 p.m. No outside sales of any kind shall be conducted, including but not limited to truck lot, pedestrian walkway, tent or other sales. (1) Accessory uses. Accessory uses shall be permitted within the PO Professional Office District in accordance with the regulations provided in section 14.02.253, Accessory Structures. (2) Conditional uses. Conditional uses may be permitted within the PO Professional Office District in accordance with the regulations provided in section 14.02.301, Conditional Permit. (3) Limitation of uses. Any use not expressly permitted or allowed by permit herein is prohibited. (c) Plan requirements. No application for a building permit for the construction of a building or structure shall be approved unless: (1) A plat, meeting all requirements of the town, has been approved by the town council and recorded in the official records of the county in which the property is located; (2) Site plan. A site plan has been approved meeting the conditions as provided in section 14.02.259, Site Plan Requirements. (3) A landscape plan, meeting the requirements of section 14.02.352, Landscaping Regulations, has been approved. (d) Density regulations. None. (e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building or structure shall exceed 40' feet or two (2) stories in height. Any building or structure adjoining or contiguous to a residentially zoned district shall not exceed 20 feet or one (1) story in height. Town Council Page 991 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-88 (f) Area regulations. The following minimum standards shall be required, measured from property lines: Area Description Area Regulations (1) Minimum open space At least twenty percent (20%) of the total lot area shall be devoted to non-vehicular open space. (Non- vehicular open space is any area not devoted to buildings, parking, load, storage, or vehicular use.) (2) Maximum building coverage The combined area covered by all main and accessory buildings and structures shall not exceed sixty percent (60%) of the total lot area. (For the purpose of this section only, parking lots are not included as part of the percentage coverage.) (3) Maximum impervious area The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total lot area. (4) Depth of front yard 30 feet minimum (5) Depth of rear yard 30 feet minimum (No rear yard shall face any street.) (6) Width of side yard on each side 15 feet minimum *All required yards shall comply with section 14.02.255, Required Yards. (g) Off-street parking. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. In addition, the following regulations shall apply: (1) Parking lots shall be designed with compartmentalized parking lots for all areas of over 50 spaces. (2) Access to individual developments shall be obtained through mutual access and cross-access drives on-site. Multiple driveway entrances for individual lots shall be prohibited unless it is determined that it is physically impossible to provide shared access to the lot or if extenuating circumstances can be demonstrated and are approved by the town council after recommendation by the planning and zoning commission. (3) Total driveway entrances shall not exceed 3 entrances for any development. (4) Driveways shall have a minimum separation of 150 feet. (5) Parking spaces shall not be permitted within the building line setback areas. Drive lanes shall only be permitted in building line setback area when crossing setback area. Town Council Page 992 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-89 (6) There shall be a maximum of 12 consecutive spaces between islands with at least one 4" caliper tree in each island. Landscaping in the islands shall include a combination of ground cover, shrubs, and flowering plants in addition to the required tree. (7) A raised curb shall be required for all parking and driving surfaces. (8) Curb stops shall be required on all parking spaces that “head-in” to any landscaped area. These curb stops shall be placed such that the overhang of a vehicle is contained totally within the limits of the parking space. (9) A traffic circulation plan and impact analysis shall be prepared and provided with the site plan for all new development. The traffic impact analysis requirement may be excluded from the site plan if the town engineer determines that the analysis is not necessary for the development. (10) All entrance drives shall be accented with decorative street treatment and shall be clearly detailed on the site plan. (11) Paved parking areas shall have at least 10% of the paved surface area dedicated to decorative street treatment as approved by the town planning and zoning commission. (12) Crosswalks, when provided, shall be marked similar to decorative street pavement. (h) Off-street loading. Off-street loading shall be provided as required by section 14.02.354, Off-Street Loading Requirements. (i) Landscaping requirements. Landscaping shall be required in accordance with section 14.02.352, Landscaping Regulations. In addition, the following regulations shall apply: (1) A front setback area shall be devoted to a landscaped buffer. Only drive crossings that provide ingress and egress will be allowed. (2) The front landscape buffer shall contain trees of 4-inch caliper measured 12" from the ground and shall be 12 feet in height planted on 30-foot centers. In addition, shrubs, berms, decorative walls, or a combination thereof, shall be provided between the trees such that a screen of a minimum of three feet in height shall screen the parking areas. (j) Design requirements. The following design requirements shall apply in the PO District: (1) No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view with screening which is the same as the architectural style of the main structure. (2) Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view with screening which is the same as the architectural style of the main structure. All ground-mounted equipment shall be screened from view with masonry construction similar to the primary Town Council Page 993 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-90 structure. Line of sight drawings will be required to illustrate that adequate screening is provided. (3) The site plan shall provide a lighting plan detailing the layout of fixtures, elevations, lamp type, and average maintained illumination of each fixture. Exterior lighting fixtures shall not exceed a maximum height of 25 feet measured from the adjacent ground, shall direct light toward the ground and shall be shielded. Alternatives may be approved by the town council upon recommendation by the planning and zoning commission on a case-by-case basis, when used to complement the architectural character of the development. Lighting shall be designed to reflect away from any adjacent residential area. (4) On structures 5,000 square feet or less, pitched roof construction will be required. No built-up roof construction shall be permitted. (5) Design of structures greater than 5,000 square feet shall include relief to walls and roofs. Single uninterrupted surface-planes shall not be permitted. The roof of structures may be a flat roof construction, but must provide a variation of roofline which may include a partial pitched roof for architectural relief. (6) Any canopy system must provide columns constructed of similar masonry material as the primary structure. (7) Uniform architectural treatment shall be provided to all sides of the structure. (8) Any canopy system must provide columns constructed of similar masonry material as the primary structure. (9) Uniform architectural treatment shall be provided to all sides of the structure. (k) Masonry requirement. (1) All principal and accessory buildings and structures shall be of exterior fire resistant construction having one hundred (100) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick or stone including the area above the first floor ceiling plate line. (2) Painted tilt wall and painted concrete block shall not be permitted as finished masonry material. (3) Stucco shall be used only as an accent material subject to prior approval of P&Z. (4) All exterior chimneys surfaces shall also be of brick, stone, or stucco. (5) Other materials of equal characteristics may be allowed upon approval of the planning and zoning commission. (6) Masonry materials shall be of earth tones and shall be submitted to the planning and zoning commission for recommendation and to the town council for approval. For the purpose of this section, earth tones shall be understood to consist of darker and pastel shades of the color spectrum, which may generally be found in the natural Town Council Page 994 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-91 environment. These colors shall not generally consist of the vibrants or fluorescents of the color spectrum. (l) Pedestrian circulation. The following design requirements shall apply in the PO District: (1) Pedestrian connections shall access walkways within the development, shall be landscaped, and shall include architectural features consistent with the character of the development. (2) Pedestrian connections among and between developments shall be provided and shall be clearly indicated on the site plan. (3) The site plan shall indicate future access between properties. (4) The pedestrian connections shall access public open green space corridors, where appropriate. (m) Entry markers. The following design requirements shall apply in the PO District: (1) Entry markers of monument type shall be located at each principal entrance to developments in accordance with the established signage requirements of the town. (2) Entry markers with double faces shall be located in medians in access drives. (3) In locations with no median access drive, a single facing monument sign placed at the entrance shall be mirrored on the other side of the entrance. (n) Service areas. The following design requirements shall apply in the PO District: (1) All service areas, including but not limited to the location of loading docks, garages, garbage disposal units, and truck parking, shall be completely screened from view. (2) The centralized trash collection point shall not be located in any street yard. (A) Street yard: Shall mean that area of land located between the structure and a street right-of-way line of a front, side or rear lot line. (3) All trash receptacles shall be screened with a masonry wall of material, with appropriate landscaping on three sides and shall have a screening gate which shall remain closed except when being serviced. (4) All trash receptacles shall be adequately sized to contain all trash at all times. (o) Signs. The town sign ordinance [shall] govern regarding all signs located in the PO District. (p) Supplemental nonresidential requirements. Additional requirements for nonresidential uses located within the PO District shall apply in accordance with section 14.02.352(h), Requirements for Nonresidential Districts and Uses. (Ordinance 98-29, sec. XXX, adopted 12/1/98; Ordinance 2000-06, sec. XXX, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.17) Town Council Page 995 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-92 Sec. 14.02.168 GU Government Use District regulations (a) Purpose. The GU Governmental Use District is established to apply to those lands where national, state or local governmental activities are conducted and where governments hold title to such lands. Any lawful governmental activity is permitted in these districts. It is not intended to classify all lands owned by government into this district, but only those lands particularly and peculiarly related to the public welfare. It is generally intended to utilize this district to implement the comprehensive master plan. (b) Uses generally. In a GU Governmental Use District, no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following: (1) Accessory uses. Accessory uses shall be permitted within the GU Governmental Use District in accordance with the regulations provided in section 14.02.253, Accessory Structures. (2) Conditional uses. Conditional uses may be permitted within the GU Governmental Use District in accordance with the regulations provided in section 14.02.301, Conditional Use Permit. (3) Limitation of uses. Any use not expressly permitted or allowed by permit herein is prohibited. (c) Plan requirements. No application for a building permit for the construction of a building or structure shall be approved unless: (1) A plat, meeting all requirements of the town, has been approved by the town council and recorded in the official records of the county in which the property is located; (2) A site plan has been approved meeting the conditions as provided in section 14.02.259, Site Plan Requirements; and (3) A landscape plan, meeting the requirements of section 14.02.352, Landscaping Regulations, has been approved. (d) Density regulations. None (e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building shall exceed 40' feet or two (2) stories in height. (f) Area regulations. The yard requirements shall not be less than the requirements of the most restrictive abutting property. Area Description Area Regulations (1) Lot size None. Town Council Page 996 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-93 Area Description Area Regulations (2) Minimum open space At least twenty percent (20%) of the total lot area shall be devoted to non-vehicular open space. (Non- vehicular open space is any area not devoted to buildings, parking lots, storage, or vehicular use.) All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance and other applicable ordinances of the town. (3) Maximum building coverage The combined area covered by all main and accessory buildings and structures shall not exceed sixty percent (60%) of the total lot area. (4) Maximum impervious area The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total lot area. (5) Minimum floor area None. (6) Front, rear and side yards The yard requirements shall not be less than the requirements of the most restrictive abutting property. Required yards shall comply with section 14.02.255, Required Yards. (g) Buffered area regulations. Whenever any conditional use that is allowable in the GU Governmental Use District abuts a residentially zoned district, a landscaped buffer zone of not less than forty (40) feet in depth shall be provided between the lot line and any building, structure or activity area. All buildings, structures and loading or storage area shall be landscaped to provide visual and acoustical privacy to adjacent property. In addition, screening shall occur in the buffer area and such area shall be provided in accordance with the provisions of section 14.02.351, Screening and Fencing. (h) Off-street parking. Off-street parking shall be provided in accordance with section 14.02.353, Off-Street Parking Requirements. (i) Off-street loading. No off-street loading is required in the GU District. (j) Masonry requirement. All principal and accessory buildings and structures shall be of exterior fire resistant construction having one hundred (100) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics may be allowed upon approval of the planning and zoning commission. (Ordinance 98-29, sec. XXXI, adopted 12/1/98; Ordinance 2000-06, sec. XXXI, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.18) Town Council Page 997 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-94 Sec. 14.02.169 H Historic Landmark District regulations (a) Historic landmark. Any zoning district designation appearing on the zoning district map may be followed by the suffix “H” indicating a historic landmark subdistrict. Such historical, architectural, archaeological or cultural structures of importance or value which merit protection, enhancement, and preservation in the interest of the culture, prosperity, education and welfare of the people shall be worthy of consideration for application for this district. The “H” designation shall apply to those premises, lots, or tracts designated through the procedures set forth herein. Additional uses may be permitted in any specific “H” subdistrict and shall be enumerated in the ordinance establishing such subdistrict. Such suffix shall not affect the legal use of the property except as provided in the ordinance establishing the subdistrict. (b) Historic landmark - Defined. As used in this section, the term “Historic Landmark” shall mean any buildings, land, areas or districts of historical, architectural, archaeological or cultural importance or value, which the town council determines shall be protected, enhanced, and preserved in the interest of the culture, prosperity, education and welfare of the people. (c) Declaration of policy. The town council hereby finds and declares as a matter of public policy that the protection, enhancement[,] preservation and use of historic landmarks is a public necessity and is required in the interest of the culture, prosperity, education and welfare of the people. (d) Historic landmarks - Designation. The town council may designate certain buildings, land, areas and districts in the town as historic landmarks and define, amend and delineate the boundaries thereof. The procedure to be followed to establish a historic landmark designation shall be the same as that required to amend, repeal or alter the zoning on a tract or parcel of land. After all notice requirements of state zoning statutes V.T.C.A., Local Government Code, chapter 211, as amended, have been complied with and all required public hearings have been conducted pursuant to said state statutes and this ordinance, and upon receipt of the planning and zoning commission’s recommendation, the town council may designate the building, land, area or district with the “H” suffix. The suffix “H” shall indicate the zoning subdistrict designation of those buildings, land, areas and districts which the town council has designated historic landmarks. Such designation shall be in addition to any other zoning district designation established in this ordinance. All zoning district maps shall reflect the designation of a historical landmark subdistrict by the letter “H” as a suffix. (e) Historic landmarks - Criteria. In making an historic landmark designation as set forth in the immediately preceding paragraph, the town council and the planning and zoning commission shall consider one or more of the following criteria: (1) Character, interest or value as part of the development, heritage or cultural characteristic of the town, State of Texas or the United States; (2) Identification with a person or persons who significantly contributed to the culture and development of the town; (3) Location as the site of a significant historic event; (4) Exemplification of the cultural, economic, social or historical heritage of the town; Town Council Page 998 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-95 (5) Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on historical, cultural or architectural motif; (6) Unique location of singular physical characteristics representing an established and familiar visual feature of a neighborhood or community of the town; and (7) Value as an aspect of community sentiment or public pride. (f) Removal, demolition or substantial alteration of a historic landmark. No historic landmark designated as such pursuant to the procedures set forth herein shall be demolished, removed, altered, remodeled, razed or substantially reconstructed unless a permit for the same has been issued by the town council. If an application for such a permit is received by the town secretary for demolition, removal, razing or substantial reconstruction of any designated historic landmark, the planning and zoning commission shall hold a public hearing, make findings of fact in each situation, and make appropriate recommendations to the town council. No permit shall be issued to demolish, remove, raze or substantially alter or reconstruct until such matter is resolved through all means available. The planning and zoning commission shall conduct a hearing within 30 days of receipt of the application by the town secretary. After the public hearing, the planning and zoning commission shall recommend to the town council whether to grant or deny the application. (g) Council action. The town council shall consider the planning and zoning commission’s recommendation within thirty days of passage of same. The town council, after conducting a public hearing and taking into consideration all of the factors presented, may approve or disapprove the application for a permit to demolish, remove, raze or substantially alter or reconstruct. The council’s action shall be final. (h) Present use not affected. Use classifications of all property included in a historic landmark subdistrict shall continue to be governed by the comprehensive zoning ordinance of the town. (i) Penalty. It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore, demolish, raze or maintain any historic landmark in violation of this ordinance. (Ordinance 98-29, sec. XXXII, adopted 12/1/98; Ordinance 2000-06, sec. XXXII, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.19) Secs. 14.02.170–14.02.250 Reserved Division 5. Supplementary District Regulations Sec. 14.02.251 Temporary uses (a) Permitted uses. The following uses, which are classified as temporary uses, may be permitted for a period of time by the town council, after recommendation by the planning and zoning commission. Said period of time shall be determined at the time of approval but shall not exceed the time limit for selected uses as provided herein. (1) Carnivals. (2) Circus. Town Council Page 999 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-96 (3) Fairgrounds. (4) Community festivals (not including community garage sales). (5) Community garage sales, by special privilege, see subsection (e) of this section. (6) Religious assemblies. (7) Sports events. (8) Political rallies. (9) Concrete mixing or batching plant used temporarily by contractors during the construction of public improvements or buildings and, in such cases, the period of time for which the use is granted may be for a period of time provided in the contract for completion of such public improvement or building, providing such temporary use is renewed annually. (10) Armed forces displays. (11) Educational or informational displays. (12) Temporary sales of merchandise by nonprofit organizations. (13) Real estate sales offices (located in a permanent residential structure), but only during the development of residential subdivisions, provided that such use shall not be permitted for more than three (3) years. (14) Off-street parking for model homes in residential districts, provided on one lot which complies with all setback requirements of the district in which it is located for a time period of not greater than one year. However, such temporary use may be renewed annually. (15) Construction office used temporarily by contractors during the construction of public improvements or building and, in such cases, the period of time for which the use is granted may be for a period of time provided in the contract for completion of such improvement or building, providing such temporary use is renewed annually. (16) Real estate offices (located in trailer or manufactured housing), but only for a time period not to exceed six (6) months; however such uses may be renewed one (1) time. (b) Residential districts. A temporary use shall not be permitted nearer than two hundred fifty (250) feet to a residentially zoned district except for subsection (a)(9) of this section which shall not be located closer than one thousand (1,000) feet to a developed residential district. (c) Temporary use permit. A permit for the temporary use of any property for the above-listed uses shall be secured from the town planning and zoning administrator prior to such use, after approval by the town council and after payment of all applicable fees. Town Council Page 1000 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-97 (d) Time period. (1) Use of a parcel of property for any of the above listed uses for more than thirty (30) days, except for concrete mixing or batching plants, and off-street parking for model homes in a residential district, during any one year shall constitute a permanent use and such parcel or property shall automatically again be subject to the district regulations of the zoning district in which such parcel or property is located. (2) Annual extensions of the temporary use permit may be issued by the zoning administrator upon written request by the applicant. (e) Community garage sale by special privilege. Upon approval by the town council, after recommendation by the planning and zoning commission, a community garage sale shall be permitted by special privilege to civic organizations or nonprofit organizations. Such events shall not occur more than twice annually; and each event shall be one day in duration. Approval of said special privilege shall be a condition to prior approval of operations of the event and the proposed locations of the garage sale sites by the town department of public safety. (Ordinance 98-29, sec. XXXIII, adopted 12/1/98; Ordinance 2000-06, sec. XXXIII, adopted 3/21/00; 2006 Code, ch. 13, sec. 5.01) Sec. 14.02.252 Sale of alcoholic beverages (a) Definitions. For the purposes of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Alcoholic beverage. Alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. Applicant. A person who submits or files an original or renewal application with the town, the county judge, or the Texas Alcoholic Beverage Commission for a license or permit. Beer. A malt beverage containing one-half of one percent or more of alcohol by volume and not more than four percent of alcohol by weight, and does not include a beverage designated by label or otherwise by a name other than beer. Commission. The Texas Alcoholic Beverage Commission. Licensee. A person who is the holder of a license provided in the Texas Alcoholic Beverage Code, as amended, or any agent, servant, or employee of that person. Liquor. Any alcoholic beverage containing alcohol in excess of four percent by weight, unless otherwise indicated. Proof that an alcoholic beverage is alcohol, spirits of wine, whiskey, liquor, wine, brandy, gin, rum, ale, malt liquor, tequila, mescal, habanero or barreteago, is prima facie evidence that it is liquor. Liquor store. A business that sells alcoholic beverages for consumption off-premises. For the purposes of this ordinance, the term “liquor store” shall exclude grocery stores or convenience stores in which beer and/or wine is offered for sale as a minor part of an overall larger inventory of goods. It shall also exclude a restaurant that is otherwise operating in accordance with its approved liquor license and all other provisions of this ordinance. Town Council Page 1001 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-98 Mixed beverage. One or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container or [of] any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit, the holder of a daily temporary mixed beverage permit, the holder of a caterer’s permit, the holder of a mixed beverage late hours permit, the holder of a private club registration permit, or the holder of a private club late hours permit. Off-premises. Refers to the site of consumption rather than the site of sale and refers to the sale of alcoholic beverages for off-premises consumption. On-premises. Refers to the site of consumption rather than the site of sale and refers to the sale of alcoholic beverages for on-premises consumption. Permittee. A person who is the holder of a permit provided for in the Texas Alcoholic Beverage Code, as amended, or an agent, servant, or employee of that person. Person. A natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them. Premises. The grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the same person. Private school. A school maintained by private individuals, religious organizations or corporations, not at public expense, and open only to pupils selected and admitted by the proprietors or governors, or to pupils of a certain religious [religion] or possessing certain qualifications, and generally supported, in part at least, by tuition, fees, or charges. Public school. A school established under the laws of the state (and usually regulated in matters of detail by local authorities), in the various districts, counties, or towns, maintained at the public expense by taxation, and open, usually without charge, to the children of all the residents of the city, town or other district. Schools belonging to the public and established and conducted under public authority. Restaurant. A place located in a permanent building provided with space and accommodations wherein, in consideration of the payment of money, hot meals are habitually prepared, sold, and served at noon and evening, as the principal business of the place. The term does not include pharmacies, confectionery stores, lunch stands, nightclubs, and filling stations. Wine and vinous liquor. The product obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries, or honey, and includes wine coolers. (b) Prohibited sales. The sale of beer is not allowed in areas zoned for residential use, including but not limited to PD Planned Development Districts approved exclusively for residential uses. Except as otherwise specifically allowed by the Texas Alcoholic Beverage Commission or as otherwise provided herein, no alcoholic beverages may be sold within three hundred feet (300') of a church, public school or private school, or public hospital. Measurement of such distance shall Town Council Page 1002 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-99 be in accordance with the terms of this ordinance and the Texas Alcoholic Beverage Code, as amended. State law references–Authority of city to prohibit sale in residential areas, V.T.C.A., Alcoholic Beverage Code, secs. 109.31, 109.32; sales near church, school or hospital, V.T.C.A., Alcoholic Beverage Code, sec. 109.33. (c) Permits. (1) Fees established. The annual permit fee for issuing a license or permit to operate, conduct, and maintain a business establishment selling alcoholic beverages in the town is: (A) For stores with beer and wine sales for off-premises consumption only, and, except as specifically exempted herein, for locations with mixed beverage permits, the permit holder shall pay a fee equal to one-half (1/2) of the state fee for such license and permit in effect at the time of the initial permit application or renewal for the annual permit, as applicable. Such fee shall be in addition to any applicable fee for a food and beverage certificate. (B) Exemption. A mixed beverage permit is exempt from the payment of the fee imposed by this subsection during the three-year period following the issuance of the permit as specified in the Texas Alcoholic Beverage Code. (C) Payment of fees. (i) Term. The permit fee shall be collected when the application for such permit is submitted. This permit shall be valid only for one year (365 days) from the date of its issuance, and if issued during the calendar year, the fee shall be collected in full without reduction and shall be renewed by the applicant annually thereafter during the time that such applicant is engaged in the business of selling alcoholic beverages within the town. Permit applications shall be filed with the planning and zoning coordinator. State law references–Local fee authorized on alcoholic beverage permits, V.T.C.A., Alcoholic Beverage Code, sec. 11.38; local fee authorized on alcoholic beverage licenses, V.T.C.A., Alcoholic Beverage Code, sec. 61.36. (d) Zoning compliance required. No permit shall be granted under the terms of this ordinance unless the location at which the business is sought to be established and maintained as [is] a permitted use under the comprehensive zoning ordinance of the town as of or after the effective date thereof. (e) Business hours. It is unlawful for any person to sell, offer for sale, or deliver any beer, wine, or liquor, except within those hours as prescribed in the Texas Alcoholic Beverage Code, as amended, including but not limited to chapter 105 of the Texas Alcoholic Beverage Code, as amended. Town Council Page 1003 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-100 (f) Specific use permit. (1) SUP required. Except as specifically provided herein, no persons shall manufacture, sell, offer for sale, distribute or engage in any other activity for which a permit or license is required by the Texas Alcoholic Beverage Code within the town without first obtaining a specific use permit to do so from the town. All of the provisions of the specific use permit procedure shall apply as per the town’s comprehensive zoning ordinance, as amended. In the event of a conflict between the general regulations governing specific use permits and the provisions contained in this section, the provisions of this section shall control. (2) SUP application. In order for a person to engage in the sale of alcoholic beverages, a formal application for a SUP shall be filed with the planning and zoning coordinator with the appropriate fee established by the town. The planning and zoning coordinator shall process the application by submitting to the planning and zoning commission for their review and recommendation to the town council for approval or disapproval. The town council will consider and approve or disapprove the granting of a SUP for the sale of alcoholic beverages. (3) Compliance - On-premises sale and consumption. Compliance with town codes and ordinances [is required] for on-premises sale and consumption of alcoholic beverages as follows: (A) Beer and wine only. A building utilized for the retail sale of beer and/or wine for off-premises consumption only shall be inspected and shall comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances. (B) Mixed beverages by food and beverage certificate holders. A building utilized for the retail sale of mixed beverages for on-premises consumption shall be inspected and shall comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances. (C) Procedures prior to issuance of permit. Before any certification from the Texas Alcoholic Beverage Commission or other documentation of approval is signed by the town representative, such certificate or documentation shall be submitted to the planning and zoning coordinator to assure: (i) That the application complies with all provisions of this and all applicable ordinances; (ii) That a SUP application is officially filed with the payment of applicable fees; (iii) That proof is submitted that a representative of the Texas Alcoholic Beverage Commission has approved the submittal of an application for license; and (iv) That the chief of police/director of public safety has reviewed the SUP application. Town Council Page 1004 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-101 (4) Compliance - Off-premises consumption. Compliance with town codes and ordinances is required for sale of alcoholic beverages for off-premises consumption in a liquor store, and the specific use permit (SUP) application shall show documentation of compliance with the following: (A) Liquor store. (i) That a SUP application for a liquor store is submitted in its entirety, without omissions; and (ii) That the application is officially filed with the payment of applicable fees; and (ii) That the application complies with all provisions of this and all applicable ordinances; and (iv) That the application complies with the following development conditions: a. A liquor store shall not have walk-up window access, and shall not have drive-through or drive-up access. b. A liquor store shall operate in premises that are not physically completely separate from any other business and the exterior design of the store shall show evidence of coordination with contextual influences of neighboring properties in regard to building setbacks, orientation, and relationship of structures to each other and to the street. The layout of the site shall respect and build upon the arrangement of buildings, open spaces and landscape elements of adjacent sites. (B) Additional development conditions. The council may attach additional development conditions to the specific use permit that the council, in its discretion, determines are appropriate for buffering, safety, security, and compatibility for and to adjacent properties. (g) Criteria and processing of SUP. The following general conditions apply to all specific use permits (SUP) allowing: (i) the sale of beer and wine for off-premises consumption only, or (ii) the sale of alcoholic beverages for off-premises consumption only, or (iii) the sale of mixed beverages by food and beverage certificate holders only: (Ordinance 2011-17, sec. 2.05, adopted 5/2/11) (1) The applicant must design and operate the establishment for which an SUP is sought in such a manner that the proposed use or actual use of the premises shall not substantially increase traffic congestion or create overcrowding in the establishment or in the immediately surrounding area. (2) The applicant must comply with applicable licensing and permit provisions of the Texas Alcoholic Beverage Code, as amended from the date of the issuance of the SUP by the town council. Town Council Page 1005 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-102 (3) As required, the applicant shall bear the burden of showing that the establishment does not exceed the limitation on gross receipts from the sales of alcoholic beverages applicable to its license and SUP. The applicant shall maintain accounting records of the sources of its gross revenue and allow the town to inspect such records during reasonable business hours. (4) The applicant shall demonstrate that the granting of the SUP would not be detrimental to the public health, safety and/or welfare of the citizens of the town. (5) The applicant shall, at all times, provide an adequate number of employees for security purposes to adequately control the establishment premises to prevent incidents of drunkenness, disorderly conduct and raucous behavior. The applicant shall consult with the chief of police/director of public safety who shall act in an advisory capacity to determine the number of qualified employees necessary to meet his/her obligation hereunder. (6) The establishment shall provide adequate parking spaces to accommodate its employees and patrons. Provided however, the number of parking spaces shall never be less than those required for similar uses in that zoning district where the establishment is located. (7) The applicant shall operate the establishment in such a manner as to prevent excessive noise, dirt, litter and odors in the establishment and in the surrounding area and operate the establishment in such a manner as to minimize disturbance to surrounding property owners and in compliance with all applicable town ordinances and state laws. (8) A specific use permit issued under this ordinance runs with the property and is not affected by a change in the owner of [or] lessee of a permitted establishment; provided however, that the owner or lessee to whom the premises has been transferred shall within ten (10) business days of such transfer notify the planning and zoning coordinator of such change in ownership or control of the premises for which the SUP was issued. (9) All specific use permits issued under this ordinance shall be further conditioned that the same may be discontinued if the use for which the SUP was granted ceases to be operated at the permitted location for a minimum period of six (6) continuous months, or as otherwise provided for the revocation of SUPs, as outlined in the comprehensive zoning ordinance, as amended. (h) Denial of SUP. The town council may deny an SUP if it affirmatively determines that the issuance of such SUP: (1) Is incompatible with the surrounding uses or property; or (2) Is detrimental or offensive to the neighborhood or contrary to the health, safety, and general welfare of the town and its inhabitants; or Town Council Page 1006 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-103 (3) Is found to be in noncompliance with the development conditions outlined in the “SUP Application–Liquor Store,” is found to be in noncompliance with the requirements established by the town council pursuant to subsection (f)(4)(B) of this section, or is found to be in noncompliance with any other town ordinances, including without limitation failure to comply with any one or more of the provisions of subsection (f)(4) of this section. (i) Methods for determining distance measurement. (1) Church or public hospital. The measurement of the distance between the place of business where alcoholic beverages are sold and a church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections. (2) Public or private school. The measurement of distance between the place of business where alcoholic beverages are sold and a public or private school shall be: (A) In a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or (B) If the permit or license holder is located on or above the fifth (5th) story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located. (j) Exception to distance requirements. Upon receipt of a request, the planning and zoning commission will consider and make a recommendation to the town council to consider an exception to reduce the distance requirement contained in subsection (f) [(b)] above and the town council shall take final action on such recommendation based upon the criteria specified hereinbelow. (1) A planning and zoning commission recommendation to reduce the distance requirement and final action of the town council to allow such reduction shall be based upon the following. The town council may allow an exception upon proof by the applicant that he/she meets the following criteria: documented approval from surrounding property owners within the distance requirements for which the exception is sought; proof of preliminary approval from the Texas Alcoholic Beverage Commission; a determination by council that the enforcement of the regulations in a particular instance is not in the best interest of the public; and after consideration of the health, safety and welfare of the public and the equities of such regulation, the council determines that the exception is in the best interest of the community. (2) The town council shall have the authority to grant an exception under this section for temporary special events after review and recommendation by the planning and zoning commission. For such events, both the planning and zoning commission and the town council shall consider: hours of the event, impact on surrounding area; estimated number of participants; personal and property security; duration and other Town Council Page 1007 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-104 health, safety and welfare considerations as deemed appropriate and necessary by the town council. (3) No exception may be granted hereunder except after a public hearing for which notice has been given to owners of real property within 300 feet (or 1,000 feet if applicable) of the location of the proposed business or of the proposed location for temporary special event. Such notice must be given not less than ten (10) days before the date set for hearing. (k) Exemption from SUP process for existing private club operations. All existing businesses that, as of the effective date of this ordinance, operate and hold a permit from the Texas Alcoholic Beverage Commission to operate as a private club and that operate legally under the town’s comprehensive zoning ordinance shall be allowed to continue without obtaining an SUP from the town as long as (i) the location of the business does not change; and (ii) the type of business or the type of use from the location within that zoning district remains the same; and (iii) such use continues to comply with all applicable ordinances of the town. Such establishments shall comply with all other requirements of this ordinance and the ordinances of the town, including but not limited to those regulations relating to permits and fees. At the time of application for a permit, the applicant shall supply all pertinent information to the planning and zoning coordinator for registering such use with the town as required by this ordinance. (l) Possession or consumption prohibited in certain areas. (1) Athletic fields, parks, or public areas. It shall be unlawful for any person to possess an open alcoholic beverage container or consume any alcoholic beverage in any town owned or controlled athletic field and all parking lots servicing such athletic fields except as specifically approved by the town council, ordinance, or town council approved policy which governs such conduct. It shall be unlawful for any person to possess an open alcoholic beverage container or consume any alcoholic beverage, as defined by the Texas Alcoholic Beverage Code in any town owned or controlled park, including reserved area(s) within any park, playground, recreation center or any other area in the town owned or used by the town and devoted to active or passive recreation, including all planted expressways, all parking lots servicing parks and public areas, parkways, triangles, and traffic islands maintained by the town except as specifically approved by the town council, ordinance, or town council approved policy which governs such conduct. (2) Schools and school activities. It shall be unlawful for any person to possess an open container or consume any alcoholic beverage on a public street, public alley, or public sidewalk within 1,000 feet of the property line of a facility that is a public or private school, including a parochial school, that provides all or any part of pre- kindergarten through twelfth grade in the buildings or on the grounds of any public school in the town limits or at any school-related activity conducted within the town limits. (Ordinance 2000-06, sec. XXXIV, adopted 3/21/00; Ordinance 2004-10, sec. II, adopted 3/1/04; 2006 Code, ch. 13, sec. 5.02; Ordinance 2011-17, secs. 2.02–2.05, 2.07, adopted 5/2/11) Town Council Page 1008 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-105 Sec. 14.02.253 Accessory structures and uses An accessory structure shall comply in all respects with the requirements of this ordinance applicable to the main structure, and in accordance with the following: (1) All residentially zoned districts shall be subject to the following regulations. (A) Permitted accessory structures. (i) Except as otherwise provided herein, and excluding pools and covers, accessory structures less than one hundred twenty (120) square feet of floor area shall not require a building permit. Storage/utility buildings, regardless of size shall require a permit on all lots abutting public and private parks or the golf course. (ii) The following structures and uses shall be permitted as accessory to the principal structure provided that none shall be a source of income to the owner or user of the principal single-family dwelling: a. Detached private garage in connection with any use, provided that no such garage shall face a golf course; and provided that any detached garage which faces a street be located a minimum of forty-five feet (45') from the front property line; and provided, however, that the requirement that no such garage face any street shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the town, unless otherwise provided by ordinance. b. Cabana, pavilion, gazebo. c. Storage/utility buildings (masonry or wood). d. Greenhouse (as hobby, not business). e. Home workshop. f. One flagpole less than twenty feet (20') in height per residential lot; flagpoles are allowed in the front yard but cannot be in town right-of-way or in any identified easements; and must be a minimum of six feet (6') from rear and side lot lines. Permissible flags are as defined in the Code of Ordinances, section 3.09.007. g. Tennis court/basketball court. h. Guest house. i. Swimming pool/hard top pool cover. Town Council Page 1009 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-106 (iii) In all residentially zoned districts, when any of the foregoing permitted residential accessory uses are detached from the principal single-family dwelling, such accessory uses shall be located, except flagpoles as defined in subsection f. above: a. Behind the front building setback; and b. A minimum of twenty feet (20') from any street right-of-way; and c. A minimum of six feet (6') from rear and side lot lines. (iv) Location. a. There shall be no accessory structures located in any front yard or side yards, with the exception of a flagpole, as defined in subsection f. above. b. Accessory structures erected ten (10) feet or closer to the principal building shall be considered to be attached and part of the primary structure for calculating total square feet under roof and shall comply with the setback lines established for that zoning district. c. If the total square feet under roof (including said accessory structures) exceeds 7,500 square feet, then the entire new accessory structure must be protected with a sprinkler system. d. In a case where more than one accessory structure is on the same lot, each structure shall have a minimum ten (10) foot separation between them. e. Notwithstanding the foregoing, accessory structures are only allowed if they comply with the zoning regulations in the district in which they are located. (v) Height requirements/screening requirements. a. Hard top pool covers shall not exceed four feet (4') in height above the outside perimeter of the pool. b. Accessory structures permitted in these districts shall not exceed one story in height, the maximum height of one story not to exceed twenty feet (20'), except for storage/utility structures which shall not exceed eight feet (8') in height. c. Accessory structures permitted in these districts shall not exceed one story in height, the maximum height of one story not to exceed twenty feet (20'), except for storage/utility structures which shall not exceed eight feet (8') in height. Town Council Page 1010 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-107 (2) Nonresidential accessory structures. All non-residentially zoned districts shall be subject to the following regulations. The following shall be permitted as accessory uses, provided that such use shall be located not less than twenty feet (20') from any street right-of-way: (A) Permitted accessory structures and uses in CG Commercial District and in NS Neighborhood Service District. The following uses shall be permitted as accessory uses: (i) Screened garbage storage on a concrete pad and no nearer than fifty feet (50') to a residentially zoned district and not located between the front of the building and any street right-of-way. (ii) Temporary uses incidental to the primary use, provided the same is properly screened and provided they conform to the standards set forth in section 14.02.251, Temporary Uses. (B) Permitted accessory structures and uses in CR commercial district. The following structures and uses shall be permitted as accessory structures and uses. (i) Cabana, pavilion, gazebo or roofed area. (ii) All other uses and structures which are customarily accessory, and clearly incidental to the structures, and which are allowed within the applicable zoning district. (C) Permitted accessory uses in GU Governmental Use District and in PO Professional Office District. The following uses shall be permitted as accessory, provided that none shall be a source of income to the owner or user of the principal use: (i) All other uses and structures which are customarily accessory, and clearly incidental to the structures, and which are allowed within the applicable zoning district. (3) Prohibited structures. The following structures shall be prohibited: (A) Tree houses. (B) Metal, vinyl or similar material structures unless otherwise provided herein. (C) Temporary structures on skids. (4) Location. There shall be no accessory structures located in any front yard or side yards, with the exception of a flagpole and signs, as defined by this division. Accessory structures erected ten (10) feet or closer to the principal building shall be considered to be attached and part of the primary structure for calculating total square feet under roof and shall comply with the setback lines established for that zoning district. If the total square feet under roof (including said accessory structures) exceeds 7,500 square feet, then the entire new accessory structure must be protected Town Council Page 1011 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-108 with a sprinkler system. In a case where more than one accessory structure is on the same lot, each structure shall have a minimum ten (10) foot separation between them. A swimming pool is permitted to be located closer than ten (10) feet to the principal building. If the water’s edge of a swimming pool, or any accessory structure that is excavated for foundation footing, is located six (6) feet or closer to the primary dwelling, an engineer’s letter, stamped by all applicable engineers, stating the excavation will not in any way harm the structural integrity of the primary dwelling, will be required at the time of plan submittal. Notwithstanding the foregoing, accessory structures are only allowed if they comply with the zoning regulations in the district in which they are located. (5) Garage requirements. (A) A detached garage, used to meet the minimum off-street parking requirement, shall be permitted as an accessory use in a residential district and shall be constructed so as to accommodate the enclosed parking of at least two (2) automobiles. (B) A detached garage, which is provided in addition to the required two (2) car garage, shall be permitted as an accessory structure in a residential district, except as otherwise specifically provided. (C) Any detached garage shall set back at least forty-five feet (45') from the front property line of a residential lot. (D) Corner lots may have detached garages facing a side street if they set back a minimum of thirty-five feet (35') from the side street; however, no drive cuts will be allowed from any street classified as a major or minor collector street. (6) Design criteria. All accessory structures shall conform to the following design criteria: (A) The exterior surfaces of all accessory structures shall be consistent with the regulations as specified by the applicable zoning district. However, accessory structures that are normally constructed in such a manner that masonry exterior surfaces are neither practical nor appropriate are excluded from the masonry requirements, including but not be limited to gym sets, playhouses, greenhouses, pergolas, arbors, and outdoor kitchens. (B) Open-air structures, such as gazebos and pavilions, are permitted to be constructed with an aluminum material so long as that material resembles wood-like construction and such material has been approved by the town’s planning and zoning coordinator. (7) Public views. Except as provided in subsection (6)(A) above, all storage/utility buildings and greenhouses abutting and viewable from public and private parks or golf courses shall be either screened so that they are not visible from any of those locations, or alternatively shall be constructed of at least 80% masonry materials. In Town Council Page 1012 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-109 order to meet the requirements of this section, one or more of the following shall be met. (A) Live screening. Live screening as specified in this section shall be required. Live screening shall at no time exceed the maximum height allowed for a fence in that zoning district. (B) Masonry requirements. Alternatively, uses specified in this section shall be constructed of at least eighty percent (80%) masonry materials. The exterior surface shall match the main structure to the greatest extent possible in materials and color. (Ordinance 2005-09, sec. II, adopted 5/2/05; Ordinance 2005-14, sec. II, adopted 6/6/05; Ordinance 2006-34, sec. II, adopted 9/18/06; Ordinance 2006-46, sec. 2, adopted 11/20/06; 2006 Code, ch. 13, sec. 5.03; Ordinance 2008-24, secs. 2.02–2.04, adopted 9/8/08; Ordinance 2009-09, sec. II, adopted 5/18/09; Ordinance 2009-20, sec. II, adopted 8/24/09; Ordinance 2009-29, sec. 2.02, adopted 11/02/09) Sec. 14.02.254 Height limits Height limitations stipulated elsewhere in this ordinance shall be modified such that chimneys, water towers, monuments, cupolas, church spires, standpipes, false mansards, parapet walls, similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinances of the town. All such portions of buildings and/or structures extending in excess of ten (10) feet above the permitted height as provided in each zoning district shall require approval of the town council prior to issuance of a building permit. In the case of nonresidential structures all such extensions shall be clearly noted and detailed on a site plan. (Ordinance 98-29, sec. XXXVI, adopted 12/1/98; Ordinance 2000-06, sec. XXXVI, adopted 3/21/00; 2006 Code, ch. 13, sec. 5.04) Sec. 14.02.255 Required yards (a) Adjacent to streets. Where the front or side yards facing one side of a street between two (2) intersecting streets is zoned for two (2) classes of districts, the setback on the most restricted district shall apply to the entire block. (b) Minimum requirement. The planning and zoning commission may recommend and the town council may require a minimum front yard, rear yard or side yard greater than that required as a minimum setback by the specific use categories in the ordinance rezoning any property when the safety of the traveling public and the general health, welfare and morals of the community require greater setback depth. (c) Reduced by platting. The front yard or side yard setback may be reduced by platting if approved by the P&Z and council for a specific and unusual conditions; but shall not be less than fifteen feet (15') for a front yard or 10 feet for a side yard, unless otherwise provided by the district or a planned development. (d) Play area equipment. Play area equipment shall be located in the required rear yard. (Ordinance 98-29, sec. XXXVII, adopted 12/1/98; Ordinance 2000-06, sec. XXXVII, adopted 3/21/00; 2006 Code, ch. 13, sec. 5.05) Town Council Page 1013 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-110 Sec. 14.02.256 Projections into required yards Certain architectural features, fences, walls, and hedges may project into or be located in required yards as follows: (1) Cornices, eaves and sills shall be not more than two feet (2') into any required yard. (2) Balconies, bay windows and chimneys shall be not more than three feet (3') into front yards, or two feet (2') into side and rear yards. (3) Patios may be located no closer than five feet (5') to any side yard property line nor closer than ten feet (10') to the rear property line unless approved by the town. In the case of a corner lot, patios shall be subject to the regular street side yard requirements of the district. (4) An open fire escape shall be not more than three and one-half feet (3-1/2') into rear yards, provided that such structure does not obstruct ventilation or light. (5) Fences and walls adjacent to streets and located on corner lots shall be located on the setback line as established by the front and side yard regulations of the district. (6) Mechanical equipment. (A) In districts zoned CG, CR or GU, PO, or NS, no mechanical equipment designed or manufactured for permanent installation in one place, either outside of a building or projecting through an opening in a building, shall be permitted in the required side yard or rear yard abutting a residentially zoned district. (B) No structure used for a nonresidential purpose may be located in a residentially zoned district. (C) No air conditioning apparatus shall be attached to any wall or window of a residence. No evaporative cooler shall be attached to any wall or window of a residence. (Ordinance 98-29, sec. XXXVIII, adopted 12/1/98; Ordinance 2000-06, sec. XXXVIII, adopted 3/21/00; 2006 Code, ch. 13, sec. 5.06) Sec. 14.02.257 Right-of-way and easement dedication requirements Right-of-way and easement dedication shall be made in accordance with the town subdivision regulations and comprehensive land use plan. (Ordinance 98-29, sec. XXXIX, adopted 12/1/98; Ordinance 2000-06, sec. XXXIX, adopted 3/21/00; 2006 Code, ch. 13, sec. 5.07) Sec. 14.02.258 Nonconforming uses and structures (a) Intent. Within the districts established by this ordinance, there exist lots, structures, and uses of land and structures which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance. It is the Town Council Page 1014 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-111 intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this ordinance to be incompatible with permitted uses in the district involved. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor used as grounds for adding other structures or uses prohibited elsewhere in this same district. (b) Nonconforming building or structure. When on the effective date of this ordinance, a building or structure, exists that could not be built under the terms of this ordinance by reason or restrictions on area, lot coverage, height, yards, or other characteristics of the building or structure, or its location on the lot, such building or structure may be continued subject to the following provisions: (1) No nonconforming building or structure may be enlarged or altered in any way which increases the degree or extent of the nonconforming feature without approval of a building permit which has been authorized by the zoning board of adjustment, and provided further that no building or structure having nonconforming feature shall be moved, reconstructed or substituted with another building or structure unless such nonconforming feature is thereby eliminated and the building or structure is made to conform to the provisions of this ordinance. However, nothing in this provision shall be construed to prohibit normal repair, maintenance and nonstructural alterations to such building or structure, nor the alteration, strengthening or restoration to safe condition as may be required by law with the issuance of a building permit approved by the building official. (2) When a nonconforming building or structure is damaged by fire or other causes, it shall not be reconstructed except in conformance with the provisions of this paragraph. In the case of partial destruction by fire or other causes, not exceeding fifty percent of its value according to the most current value shown on the appraisal roll of the tax appraisal district, the building official is authorized to approve a building permit for reconstruction. If greater than fifty percent of such value, upon approval of the zoning board of adjustment the building official may issue a permit for repair, but not for the enlargement of the building or structure, but only after consideration has been given for removal of the nonconforming feature. (3) The right to use and maintain any nonconforming building or structure shall terminate and shall cease to exist whenever the nonconforming building or structure becomes substandard under any applicable ordinance of the town and the cost of replacing such building or structure is [in] lawful compliance with the applicable ordinance exceeds fifty percent of the replacement costs of such building or structure. (4) In determining the replacement cost of any nonconforming building or structure, there shall not be included therein the cost of land or any factors other than the most current value shown on the appraisal roll of the tax appraisal district of the nonconforming building or structure itself, including foundation. (c) Nonconforming uses. When on the effective date of this ordinance, a use of a building or structure or of a building or structure and premises in combination, exists that would not be Town Council Page 1015 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-112 allowed in the district under the terms of this ordinance, the use may be continued subject to the following provisions: (1) No building or structure associated with a nonconforming use shall be enlarged, extended, reconstructed, moved or structurally altered without approval of a building permit which has been authorized by the board of adjustment, provided that nothing in this provision shall be construed to prohibit normal repair, maintenance and nonstructural alterations to such building or structure, nor prohibit the alteration, strengthening or restoration to safe condition as may be required by law after the issuance of a building permit by the building official. (2) The lawful use of any building, structure, sign or land existing at the time such property was more restrictively zoned may be continued except as this ordinance may require abatement within a given period of time; provided, the right to continue such nonconforming use shall be subject to regulations prohibiting nuisances and shall be terminated when such use constitutes a nuisance. (3) Any nonconforming use may be changed to a use conforming with the regulations herein established for the district in which the nonconforming use is located; provided, however, that a nonconforming use so changed shall not thereafter be changed to another nonconforming use or be returned to a nonconforming use status. (4) Whenever a building or structure containing a nonconforming use is destroyed by fire or the elements, it shall not be reconstructed except in conformance with the provisions of this paragraph. In the case of partial destruction by fire or other causes, not exceeding fifty percent of its current replacement value, the building official is authorized to approve a building permit for reconstruction. If greater than fifty percent of its current replacement value, the zoning board of adjustment is authorized to consider approval of a building permit for reconstruction. (5) Whenever a building or structure containing a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises shall henceforth be in conformance with this ordinance. Abandonment shall involve the intent of the owner to discontinue a nonconforming use [and any use] which is discontinued for, or which remains vacant for, a period of six months shall be considered to have been abandoned. A nonconforming use shall also be considered abandoned when it has been replaced with a conforming use or the zoning district boundaries have been changed so as to make the use conform with these regulations. (d) Nonconforming lots. When on the effective date of this ordinance, a lot of record exists which contains less than the minimum lot requirements for area, depth or width, as contained in this ordinance, such lot of record may be used for any valid use, building or structure authorized in this ordinance, provided that the requirements for building setback, side yard, rear yard, height, parking, landscaping and other applicable provisions of this ordinance are satisfied. (Ordinance 98-29, sec. XL, adopted 12/1/98; Ordinance 2000-06, sec. XL, adopted 3/21/00; 2006 Code, ch. 13, sec. 5.08) Town Council Page 1016 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-113 Sec. 14.02.259 Site plan requirements Whenever a site plan is required by this ordinance, such site plan must conform to the requirements of this section. Except as otherwise provided herein, all site plans must be approved by the town council upon recommendation of the planning and zoning commission. (1) Requirement prior to building permit. When required by this ordinance, a site plan must be approved prior to issuance of a building permit by the town. (2) Changes to the site plan. Changes to the site plan shall be processed in the same manner as the original approved site plan. (A) Except as otherwise provided in subsection (2)(C) of this section, any site plan that is amended shall require approval of the town council upon recommendation of the planning and zoning commission. (B) Changes to the site plan which will affect the use of the land shall require either an amendment to a PD or a rezoning of property, whichever applies, and shall require the appropriate public hearings. (C) Changes of details within a site plan which do not alter the basic physical relationship of the property to adjacent property, do not alter the use permitted, increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved site plan, may be authorized by the town’s planning and zoning administrator. An aggrieved party may appeal the decision of the town’s designee to the zoning board of adjustment in accordance with the provisions of this ordinance. (3) Council approval. Upon recommendation by the planning and zoning commission, council approval of a site plan that accompanies a zoning change request shall become part of the amended ordinance. Hearings held by the council for consideration of approval of such zoning change and accompanying site plan shall be conducted in accordance with the provisions of section 14.02.406, Public Hearings. (4) Compliance with town design standards. The site plan must comply with design standards, policies, and any design criteria deemed necessary to the safety, health, and welfare of the town. (5) Site plan contents. The site plan shall contain the information listed below and any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation by the planning and zoning commission, the town council and the staff personnel required to enforce and interpret this ordinance. (A) The location of all existing and planned structures on the subject property and approximate locations of structures on adjoining property within one hundred feet (100'). (B) Lighting and/or fencing and/or screening of yards and setback areas and proposed changes. (C) Design of ingress and egress. Town Council Page 1017 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-114 (D) Off-street parking and loading facilities, and calculations showing how the quantities were obtained. (E) Height of all structures. (F) Proposed uses. (G) Landscape plan. (H) Tree survey indicating location, size, and type of all existing trees. (I) The location and type of all signs, including lighting and heights. (J) Elevation drawings citing proposed exterior finish material. (K) Street names on proposed streets. (L) Proposed water, wastewater collection, and storm sewer lines; proposed grading and drainage patterns. (M) Engineering drawings of all improvements to be dedicated to the town or MUD if the property is not to be final platted or if engineering drawings have not been previously submitted for the site. If the property is to be final platted, these may be provided at that time. (N) Utility and drainage easements for dedicated infrastructure, if required. (O) Such additional terms and conditions, including design standards, as the planning and zoning commission and the town council deem necessary. (Ordinance 98-29, sec. XLI, adopted 12/1/98; Ordinance 2000-06, sec. XLI, adopted 3/21/00; 2006 Code, ch. 13, sec. 5.09) Sec. 14.02.260 Wireless antennas and antenna facilities (a) Purpose. Wireless telecommunications facilities used in transmitting and receiving signal energy are essential and promote the health, safety, and general welfare of the citizens of the town. The purpose of this section is to govern the placement of these facilities to: (1) Assure that their location and use do not compromise the aesthetic quality of the community; (2) Encourage operators of antenna facilities and antennas to locate them in areas where the adverse impact on the community is minimal; (3) Encourage co-location on both new and existing antenna facilities; (4) Encourage operators of antenna facilities and antennas to configure them in a way that minimizes the adverse visual impact through careful design, landscape screening, and innovative stealth techniques; Town Council Page 1018 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-115 (5) Enhance the ability of antenna facilities and antennas to provide services to the community effectively and efficiently; and [sic] (b) Definitions. In this section the following definitions apply: Alternative tower structure. Clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. See also the definition of “stealth facility.” Amateur radio antenna. A radio communication antenna used by a person holding an amateur station license from the Federal Communications Commission. Antenna. A device used in communications, which transmits or receives radio signals, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Antenna, building attached. Antenna attached to an existing structure in two general forms: (i) roof-mounted, in which antennas are placed on the roofs of buildings, or (ii) building-mounted, in which antennas are placed on the sides of buildings. These antennas can also be mounted on structures such as water tanks, billboards, church steeples, electrical transmission towers, etc. Antenna facility. Any structure, monopole, tower, or lattice tower used to support antennas. Co-location. The act of locating wireless communications equipment for more than one use on a single antenna facility. Equipment storage building. An unmanned, single-story equipment building used to house radio transmitters and related equipment. Monopole. A self-supporting antenna facility composed of a single spire used to support communications equipment or other visible items. Preexisting towers and preexisting antennas. Any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. Satellite receive-only antenna. An antenna that enables the receipt of television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are commonly known as a satellite dish, television receive-only antenna, dish antenna, parabolic antenna, or satellite earth station antenna. Stealth facility. “Stealth” is a generic term describing a method that would hide or conceal an antenna, supporting electrical or mechanical equipment, or any other support structure that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible to the surrounding neighborhood. Stealth facilities may include totally enclosed antennas, wireless facilities that replicate or duplicate the construction of common structures such as flagpoles, alternative tower structures, and camouflaged wireless facilities that are constructed to blend into the surrounding environment. Town Council Page 1019 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-116 Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes. This includes self- supporting lattice towers, light standards, guyed towers, monopole towers, alternative tower facilities or any other vertical support. This also includes the structure and any support thereto. Tower, lattice. A self-supporting tower having three or four support legs with cross-bracing and the capacity to hold a number and a variety of antennas. TV antenna. An antenna that enables the receipt of television signals transmitted from broadcast stations. (c) Applicability/general regulations. The following regulations apply to all antenna facilities and antennas located within any district: (1) Applicability. Except as specifically provided, all new towers or antennas in the town shall be subject to the regulations contained in this ordinance. Preexisting towers or antennas shall not be required to meet the requirements of this ordinance, other than those contained in subsections (c)(9) and (11) of this section. (2) Equipment and storage building. An equipment storage building associated with an antenna facility or an antenna shall be screened and landscaped as described in other sections of this ordinance, or be incorporated into the stealth treatment so that it is consistent and complementary with the existing structures and uses on the premises. Masonry construction meeting the definition of masonry as provided herein: Alternative material that achieves compatible screening may be permitted upon approval by the town council and recommended by the planning and zoning commission. (3) Driveway surfaces. All driveways accessing any antenna facility site or equipment storage site shall have an asphalt or concrete pavement. (4) No outdoor lighting shall be allowed on antennas located on residentially zoned property except lights or lighting that is by required by the Federal Aviation Administration or the Federal Communications Commission. (5) Antenna facility capacity. An antenna facility shall not have more than the number and size of antennas attached to it than are allowed by the antenna facility manufacturer’s designs and specifications for maximum wind load requirements. (6) Monopoles. No guy wires are permitted with the use of monopoles. (7) Prohibited in easements. Antenna facilities constructed solely for the purpose of supporting antennas shall not be placed in an easement, unless authorized by the easement holder. (8) Construction standards. A building permit must be obtained prior to the construction or installation of a tower, antenna, or mast. An antenna facility must be installed according to the manufacturer’s recommendations or under the seal of a registered professional engineer of the State of Texas. Additionally, all antenna facilities shall comply with applicable state and local building codes. Town Council Page 1020 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-117 (9) Building codes/safety standards. The exemption of an antenna facility from the requirement to obtain a conditional use permit under this ordinance shall not exempt the owner of such facility or his agents from compliance with permitting, building code or the requirements of other applicable ordinances. To ensure the structural integrity of antenna facilities, the owner of an antenna facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If upon inspection, the town concludes that an antenna facility fails to comply with such codes and standards and constitutes a danger to persons or property, then upon written notice to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with applicable standards. Failure to bring such tower into compliance shall constitute grounds for the removal of the antenna facility at the owner’s expense. This notice requirement shall not preclude immediate action by the building official as allowed by law if public safety requires such action. (10) Contained on property. No part of an antenna facility, antennas, or other attachment may extend beyond the property lines of the lot on which the antenna or antenna facility is located. (11) State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, and if the controlling state or federal agency mandates compliance, then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. (12) Conditional use permit requirement. A conditional use permit shall be required for an antenna or antenna facility which will not comply with any requirement of this section. See subsection (j), Conditional Use Permits. (d) Amateur radio and TV antennas. Amateur radio and TV antennas are permitted as accessory uses in the R-15, R-12, R-11, R-10, R-9, R8, R-FV, R-TT, T-OH, R-OHF, R-S, MH, or any residentially zoned planned development districts. Amateur radio and TV antennas must comply with the following regulations: (1) Antenna facility type. The antenna facility may be either building attached, a monopole, tower, or a lattice tower. (2) Number of facilities per lot. Only one antenna facility exceeding thirty-five feet (35') in height is permitted on each lot. (3) Height limitations. An antenna facility, exclusive of the height of any antenna or mast, shall not exceed 35 feet in height; except, that an antenna facility shall be permitted additional height at the ratio of one added foot in height for each additional foot of setback beyond the minimum setback required of an accessory building in the Town Council Page 1021 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-118 zoning district regulations to a maximum height of 65 feet in a residential district. A conditional use permit is required for additional height. (4) Height limit for building-mounted antenna. An antenna shall not extend more than eight feet above a building on which it is mounted, regardless of the height of the structure. (5) Setbacks. Antennas and antenna facilities shall not be permitted within any required setback area. Guy wires are not permitted in front or side areas from the face of the structure to the street right-of-way. (6) Lights. No outdoor lighting shall be allowed on antenna facilities located on residentially zoned property, except lights or lighting that is required by the Federal Aviation Administration or the Federal Communications Commission. (e) Satellite receive-only antennas generally. A satellite receive-only antenna is permitted as an accessory use under the following conditions: (1) The satellite receive-only antenna is not greater than one meter in diameter: all zoning districts. (2) The satellite receive-only antenna is one meter or greater in diameter, but not greater than two meters in diameter: all nonresidential zoning districts. (f) Satellite receive-only antennas greater than one meter in diameter in residential districts and greater than two meters in diameter in nonresidential districts are permitted as accessory uses if they comply with the following regulations: (1) Number of antennas per lot: Only one satellite receive-only antenna per lot of record. (2) Height: Not exceeding ten feet in height. (3) Setbacks: (A) Front and side yards: Not permitted. (B) Rear yard: Minimum setback as required for accessory buildings in residential districts and as for all buildings in nonresidential districts. (4) Separation: No minimum or maximum separation requirements for satellite receive- only antennas from other structures on the same lot of record. (5) Screening: Satellite receive-only antennas that are mounted on the ground shall be screened from view from adjoining properties by solid fencing or evergreen plants to a height of a least six feet. A satellite receive-only antenna located within a fence surrounding the yard in which the satellite receive-only antenna is located shall be considered to be screened. Town Council Page 1022 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-119 (g) Placement of antenna facilities (other than amateur radio, TV, and satellite receive-only antennas) within land use thresholds. For the purpose of determining the appropriate locations for the placement of antenna facilities other than amateur radio, TV, and satellite receive-only antennas, the town is divided into land use threshold areas that require different regulations pertaining to height, location, and type of antenna facility. These land use thresholds are defined as follows. (1) Full commercial “FC”: Property within the CG, CR, NS, PO, or nonresidential planned development zoning districts. (2) Undeveloped residential “UR”: Property within R-15, R-12, R-11, R-10, R-9, R-8, R- FV, R-TT, T-OH, R-OHF, R-S, MH, or any residentially zoned planned development districts, that: (A) Is not a part of a recorded subdivision; or (B) Is a part of a recorded subdivision but has not had a building permit issued for a residential structure; and (C) Not located within the calculated limits of the developed residential (“DR”) threshold. (3) Wireless corridors “WC”: Property within, and one hundred fifty feet (150') either side of, the right-of-way of a freeway or a major or minor arterial roadway, as indicated on the town’s thoroughfare plan. (4) Developed residential “DR”: Property within the R-15, R-12, R-11, R-10, R-9, R-8, R-FV, R-TT, T-OH, R-OHF, R-S, MH, or any residentially zoned planned development districts, which: (A) Is a recorded subdivision that has had at least one building permit for a residential structure; or (B) Is within the exterior surfaces of an existing primary residential structure; or (C) Is within six hundred feet (600') of areas described by subsections (4)(A) and (4)(B) above. (h) Antenna facility impact levels. For the purpose of determining appropriate locations for antenna facilities, the town recognizes differing levels of impact for antenna facilities depending Town Council Page 1023 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-120 upon physical location, aesthetics, and land uses compatibility. These antenna facility impact levels are defined as follows: (1) Monopole. A monopole as permitted with a conditional use permit. The antenna equipment may not extend more than five feet (5') above the highest point on the monopole. (2) Level 4 stealth facility. The antenna on a Level 4 stealth facility is located on an existing structure (other than an antenna facility) including, but not limited to, a building, water tower, utility tower, steeple, or light pole. The antenna is not screened nor hidden. For the purpose of this level, a pole or tower may be reconstructed to structurally hold the antenna but shall not be any higher than the original structure that it is replacing. (3) Level 3 stealth facility. The antenna on a Level 3 stealth facility is located on an existing structure (other than an antenna facility) including, but not limited to, a building, water tower, utility tower, steeple, or light pole. The antenna shall be aesthetically painted, constructed, or applied with material so that it is incorporated into the pattern, style, and material of the structure to effectively render the antenna unnoticeable. A new structure may be constructed to hold or house the antenna or equipment; however, the structure must be consistent with the overall architectural features of the primary buildings. Town Council Page 1024 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-121 (4) Level 2 stealth facility. The antenna on a Level 2 stealth facility is attached to the structure in such a manner that if it is seen it appears unrecognizable as an antenna, and the structure in which or on which the antenna is attached is an integral part of an overall development. (5) Level 1 stealth facility. The antenna on a Level 1 stealth facility is attached to the structure in such a manner that the antenna is completely unseen and the structure in which or on which the antenna is attached is an integral part of an overall development. (i) Antenna facility siting matrix. Antenna facilities shall be located in accordance with the following siting matrix. This matrix provides for areas where antenna facilities may be located as permitted uses, areas where they may be located with a conditional use permit, and areas where they are prohibited. Town Council Page 1025 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-122 Antenna Facility Siting Matrix P Permitted use C Requires a conditional use permit Prohibited FC UR WC DR Monopole over 120 ft. Monopole up to 120 ft. C C C Level 4 stealth facility P P C C Level 3 stealth facility P P P C Level 2 stealth facility P P P C Level 1 stealth facility P P P P (j) Conditional use permit. When a conditional use permit is required by this section for the location of an antenna facility or an antenna, the property owner must submit an application in accordance with the procedure established in this ordinance. (1) Application. In order to properly evaluate an application to locate an antenna facility or an antenna that requires a conditional use permit, in addition to the information required from applicants applying for conditional use permits under other provisions of the town’s zoning ordinance, the applicant for a conditional use permit under this section shall provide the following information: (A) Describe the nature of the antenna site. Indicate whether the proposed structure is a monopole or mounted to a self-supporting structure. Indicate the proposed height. (B) Provide photos or drawings of all equipment, structures, and antennas. Additionally, an applicant shall provide a scaled site plan clearly indicating the location, type and height of the proposed antenna facility, on-site land uses and zoning, adjacent land uses and zoning, proposed means of access, setbacks from property lines, elevation drawings of the proposed antenna facility and any other structures, topography, parking, and other information as reasonably determined by the town to be necessary to assess compliance with this ordinance. All drawings shall be scaled drawings. (C) Describe why the antenna or tower is necessary at the particular location. (D) State the name(s) of the telecommunications providers or other users of the antenna or tower and describe the use to be made by each user. (E) Indicate if this antenna or tower site is to be connected to other sites; and if so, describe how it will be connected and who will be the backhaul provider. (F) The town does not require co-location; however, the applicant must address whether it has made an effort to co-locate the facilities proposed for this antenna facility on existing antenna facilities in the same general area. Identify Town Council Page 1026 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-123 the location of these existing sites, and describe in detail these efforts and explain in detail why these existing sites were not feasible. Attach all studies or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage. Provide written documentation from existing sites’ owners and/or operators which confirm the statements provided. Indicate whether the existing sites allow/promote co-location and, if not, describe why not. (G) Indicate whether co-location will be allowed to other telecommunications providers at the requested site. If they are not allowed, state every reason and the basis of each reason. (H) If the requested location is in a residential district the applicant must address whether it has made an effort to locate the facility in a nonresidential district. Identify the location of these nonresidential district sites, describe in detail these efforts, and explain in detail why these nonresidential sites were not feasible. Attach all studies or tests performed which demonstrate why the nonresidential sites will not provide sufficient signal coverage. Provide written documentation from nonresidential district sites’ owners or operators which confirm the statements provided. (I) Indicate the proposed provider’s current coverage area for the town. Attach maps showing the areas the proposed provider’s existing antenna currently covers, [and] the areas the applicant’s existing sites and the requested site would cover. (J) Describe the applicant’s master antenna facilities plan for the town. Attach maps and other related documentation. Provide information indicating each phase of the plan. (K) Describe the applicant’s plan to minimize the number of antenna facilities needed to cover the town. (2) Consideration of application. In considering whether to grant a conditional use permit, the following shall be considered: (A) The effect that location of the antenna facility will have on the monetary value of the surrounding property; (B) The potential for interference with the enjoyment of the use surrounding properties; (C) Aesthetics; impact, including but not limited to, the surrounding topography, surrounding tree coverage and foliage; proposed buffering; and the design of the antenna facility, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; (D) The proposed height of the antenna facility relative to surrounding structures; (E) The zoning district and the adjoining zoning districts of the property for which a conditional use permit is sought; Town Council Page 1027 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-124 (F) The unique conditions that govern reasonable reception on the antenna facility on any given lot; and (G) The availability of suitable alternative sites: Suitable alternative site(s) shall mean a location or locations that would provide the same or better signal coverage than the proposed site for which a conditional use permit is requested. The applicant shall provide documentation supporting his contention that alternative site(s) are not suitable and/or available. (3) Procedures for consideration of conditional use permit. The procedures for consideration of an application for conditional use permit requested under this section of the ordinance shall be the same as those procedures for request of a conditional use permit under section 14.02.301 of this article. (k) Written report. Denial of an application for conditional use permit under this section shall be documented in accordance with the requirements established in the Telecommunications Act of 1996, as amended. (l) Appeal. An applicant may appeal the decision of the planning and zoning administrator to the planning and zoning commission by filing a written notice of appeal within ten (10) days following the date the administrator notifies the applicant of his decision. The planning and zoning commission may approve, conditionally approve, or deny an appeal. The applicant may appeal the planning and zoning commission’s denial to the town council by filing a written notice of appeal with the town secretary within ten (10) days following the denial by the commission. A decision not timely appealed in accordance with this section shall be final. (Ordinance 2000-06, sec. XLII, adopted 3/21/00; Ordinance 2001-08, sec. II, adopted 4/16/01; 2006 Code, ch. 13, sec. 5.10) Sec. 14.02.261 Home occupations Home occupations may be conducted within residential units provided such home occupations are “transparent” to the neighborhood. The following regulations shall apply: (1) No person other than members of the family residing on the premises shall be engaged in the home occupation; (2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty percent (20%) of the floor area of the dwelling unit, not including the garage or accessory structure, shall be used in the conducting of the home occupation; (3) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation. No sign advertising a home occupation shall be placed on property where a home occupation is conducted; (4) There shall be no direct sales of goods or products from the dwelling in connection with such home occupation; Town Council Page 1028 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-125 (5) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard; (6) No equipment, process or work shall be used or conducted in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a residence. In the case of electrical interference, no equipment, process or work shall be used or conducted which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises; (7) The operation of a beauty salon, barbershop, pet grooming establishment, or repair services shall not be permitted as a home occupation; and (8) No outdoor storage of any type shall be permitted with any home occupation. (Ordinance 98-29, sec. XLIII, adopted 12/1/98; Ordinance 2000-06, sec. XLIII, adopted 3/21/00; 2006 Code, ch. 13, sec. 5.11) Sec. 14.02.262 Oil and gas well drilling and production (a) Purpose. The exploration, development and production of oil or gas in the town is an activity which necessitates reasonable regulation to ensure that all property owners, mineral and otherwise, have the right to peaceably enjoy their property and its benefits and revenues. It is hereby declared to be the purpose of this section to establish reasonable and uniform limitations, safeguards and regulations for present and future operations related to the exploring, drilling, developing, producing, transporting and storing of oil or gas and other substances produced in association with oil or gas within the town to protect the health, safety and general welfare of the public, minimize the potential impact to property and mineral rights owners, protect the quality of the environment and encourage the orderly production of available mineral resources. (b) Definitions. All technical industry words or phrases related to the drilling and production of oil and gas wells not specifically defined shall have the meanings customarily attributable thereto by prudent operators in the oil and gas industry. For the purposes of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Abandonment. “Abandonment” as defined by the railroad commission and includes the plugging of the well and restoration of the drill site as required by this ordinance. Applicant/permittee. A person to whom a permit or certificate for the drilling, operation and production of a well, or the installation or operation of a pipeline, is issued under this ordinance, including, but not limited to, his or her heirs, legal representatives, successors or assigns. Drill site. The area used for drilling, completing, or reworking a well. Drilling. Any digging or boring of a new well to develop or produce oil or gas or to inject gas, water, or any other fluid or substance into the earth. Drilling means and includes the re-entry of an abandoned well. Drilling does not mean or include the re-entry of a well that has not been abandoned. Town Council Page 1029 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-126 Exploration. Geologic or geophysical activities, including, but not limited to surveying and seismic exploration, related to the search for oil, gas, or other subsurface hydrocarbons. Fire code. The fire code adopted by the town, as amended. Gas. Gas or natural gas, as such terms are used in the rules, regulations, or forms of the railroad commission. Gas well. Any well drilled for the production of gas or classified as a gas well under the Texas Natural Resources Code or the railroad commission. Gas well permit. A gas well permit applied for and issued or denied under this ordinance authorizing the drilling, production, and operation of one or more gas wells. Gathering station. Specific use site where the gathering lines for all the wells converge. Habitable structure. Structures suitable for human habitation or occupation. A habitable structure shall not include accessory buildings, garages and sheds. Any structure for which a certificate of occupancy is required shall be deemed to be a habitable structure. Hazardous materials management plan. The hazardous materials management plan and hazardous materials inventory statements required by the fire code. New well. A new well bore or new hole established at the ground surface and shall not include the reworking of an existing well that has not been abandoned unless the rework intends to drill to a deeper total depth, which shall require a new well permit. Oil. Oil, as such terms are used in the rules, regulations, or forms of the railroad commission. Oil and gas well manual. Adopted by town council. Oil well. Any well drilled for the production of oil or classified as an oil well under the Texas Natural Resources Code or the railroad commission. Oil well permit. An oil well permit applied for and issued or denied under this ordinance authorizing the drilling, production, and operation of one or more oil wells. Operation site. The area used for development and production and all related operational activities of oil and gas after drilling activities are complete. Operator. For each well, the person listed on the railroad commission Form W-1 or Form P-4 for an oil or gas well. Person. Includes both the singular and plural and means an individual person, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, and a fiduciary or representative of any kind. Petroleum specialist. A person familiar with and educated in the oil and gas industry who has been retained by the town. Town Council Page 1030 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-127 Pipeline easement map. A map indicating all gathering line easements. The easements must be located separately from the utility easements. Railroad commission. The railroad commission of Texas. Structure. Any building intended for shelter, occupancy, housing or enclosure for persons, animals, cattle or storage. Town. The Town of Trophy Club, Texas. Town designee. Qualified oil and gas consultant as determined by the town manager. Town staff. Employees and independent contractors performing services for the town, including but not limited to the fire marshal. Well. A hole or bore to any horizon, formation, or strata for the purpose of producing oil, gas, or other liquid hydrocarbons. Wellhead. A fitting (usually forged or cast steel) on the top of a well. (c) Oil and gas well drilling and production “by specific use permit (SUP)”. (1) The drilling and production of oil and gas within the corporate limits of the town shall be permitted by specific use permit provided that the property line of any residential structure or public building, institution or school is a minimum of one thousand feet (1,000') from the wellhead and provided that the drilling and production of oil or gas meets the following requirements: (A) All applicable standards set forth in this ordinance and the oil and gas well manual, standards for oil and gas well drilling and production; (B) An approved oil and gas well development site plan and a road repair agreement are on file with the town; and (C) An oil or gas well permit has been issued by the town. (2) Except as specifically provided herein, the drilling and production of oil and gas within the corporate limits of the town shall be permitted by specific use permit as close as two hundred fifty feet (250') from the wellhead to the property line of a property with a residence located on it if all property owners agree in writing and provided that the drilling and production of oil or gas meets the requirements of this ordinance and a specific use permit. (3) Upon request of a property owner, operator, or other applicant for SUP (collectively referred to herein as “applicant”), the town council, upon recommendation by the planning and zoning commission, shall hear and shall seriously and fairly consider a request for a waiver from the requirement for a one thousand foot (1,000') setback specified in subsection (c)(1) of this section. A waiver may be authorized and will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of the setback requirement will result in unnecessary hardship, including a substantial economic hardship; or the setback requirement Town Council Page 1031 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-128 would prevent an applicant from accessing his/her mineral interest. The applicant may make such request for waiver as a part of his/her SUP application. (4) If a gas well is no longer being drilled but has been fitted with a wellhead and is a producing well, the distance from wellhead to habitable structure shall be a minimum of 200 feet. For this subsection (4) only, a “producing well” is defined as: gas is produced from the well, but the rig used to drill and complete the well has moved off the well and the top of the well is outfitted with a wellhead. (d) Specific use permit application requirements. (1) No person, acting for himself or acting as an agent, employee, independent contractor, or servant for any person, shall engage in drilling or production of an oil or gas well within the corporate limits of the town without first obtaining a specific use permit. (2) An application for a specific use permit for the drilling and production of an oil or gas well shall be filed by the person having legal authority. That person is presumed to be the record owner, mineral owner, or the duly authorized agent of either the record owner or the mineral owner. The applicant shall submit information evidencing his/her authority to file an application with the town. (3) All applications to be considered for oil and gas drilling and production under these regulations shall be submitted to the town planning and zoning coordinator, along with a completed application and fees, and must be in accordance with all ordinance requirements. An application for specific use permit may be submitted but shall not be considered as being filed with the town until it has been determined to be administratively complete. An application for approval shall be considered administratively complete when town staff determines that it meets all requirements of applicable town ordinances so that it may be reviewed by the planning and zoning commission, has been placed on the agenda for the commission, and the agenda has been posted as required by law. An incomplete application shall not be considered “filed” with the town as defined in this ordinance, but shall be returned to the applicant for completion and resubmittal. (e) Recommendations for specific use permits. (1) The planning and zoning coordinator shall forward all applications for specific use permits to the planning and zoning commission for review. An application may be submitted but shall not be considered as being filed with the town until it has been determined to be administratively complete. The planning and zoning commission shall review each application within thirty (30) days after filing and shall make recommendations regarding the applications to the town council. A copy of all recommendations shall be provided to the operator. The planning and zoning commission may make recommendations regarding any aspect of the proposed oil or gas well development including, but not limited to, recommendations with respect to the standards set forth in this ordinance. (2) In connection with its review of an application for a specific use permit for the drilling and production of gas wells, the planning and zoning commission may determine that it is necessary to hire a petroleum specialist to assist the commission Town Council Page 1032 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-129 in reviewing the application. If such a determination is made, the planning and zoning commission will provide the operator a written “scope of work” that the commission proposes for such specialist. The planning and zoning commission and the operator will attempt to agree upon the “scope of work”; however, the decision of the commission shall control. If required by the specialist, the operator will provide a retainer; otherwise, the operator will pay for the services of the specialist after they are rendered. All work performed by the specialist shall be itemized on a daily basis (including a description of the work and the amount of time spent), and such itemization shall be provided to the operator with each request for payment. (3) The planning and zoning commission has the authority to establish guidelines to use in making recommendations for a specific use permit. Guidelines shall be placed in the oil and gas well manual. (4) A public hearing shall be conducted for all applications for SUP pursuant to section 14.02.302 of the town’s comprehensive zoning ordinance. Notice thereof shall be given in the manner and form required for amendments as set out in section 14.02.406 [14.02.403] of the comprehensive zoning ordinance, entitled “Amendments,” and as required by state law; provided however, that notice of such public hearing shall be given to each owner, as indicated by the most recently approved municipal tax roll, of real property within five hundred feet (500') of the property line or one thousand feet (1,000') from the wellhead, upon which an SUP application for oil and/or gas well drilling and production is being considered. If, because of the location of the proposed well site, the application of the notice requirements herein would result in notice being sent only to a sparsely populated area, including, but not limited to only a portion of a subdivision, the town manager may, at her discretion require additional notice at the applicant’s expense. (f) Oil and gas well permit required. (1) Any person, acting for himself or acting as an agent, employee, independent contractor, or servant for any person, shall not engage in the drilling and production of oil or gas wells within the corporate limits of the town without first obtaining an oil and gas well permit issued under this ordinance. An operator may apply for and obtain separate permits covering each well or a “blanket” permit covering multiple wells within a specific use permit. (2) When an oil and gas well permit has been issued covering a well, the permit shall constitute authority for drilling, operation, production, gathering of production, maintenance, repair, reworking, testing, site preparation consisting of rigs or tank batteries, plugging and abandonment, and any other activity authorized by this ordinance associated with drilling or production by the operator and their respective employees, agents, and contractors. An oil and gas well permit shall also constitute authority for the construction and use of all facilities reasonably necessary or convenient in connection therewith, including gathering lines and discharge lines, by the operator and its respective employees, agents, contractors and subcontractors. (3) An exploration permit shall be required for exploration for oil or gas. Exploration for oil or gas means geologic or geophysical activities, including, but not limited to surveying and seismic exploration, related to the search for oil, gas, or other subsurface hydrocarbons. Town Council Page 1033 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-130 (4) An oil and gas well permit shall not, however, constitute authority for the reentering and drilling of an abandoned well. Reentry and drilling of an abandoned well shall require a new oil and gas well permit. (5) Applications for oil and gas well permits shall be in accordance with the following: (A) Shall be submitted in writing, on forms provided by the town. (B) Shall include a copy of the applicable pipeline easement map indicating the gathering station site. (C) Shall be signed by the operator. (D) Shall include the information required by the oil and gas well manual unless such information has been previously provided to the town. (g) Review of applications for oil and gas well permit. (1) All applications for oil and gas well permits shall be filed with the planning and zoning coordinator who shall immediately forward all applications to the town designee for review. Incomplete applications shall be returned to the applicant, in which case the town shall provide a written explanation of the deficiencies if requested by the applicant. The town shall retain a processing fee determined by the town’s fee schedule, adopted by ordinance. The town may return any application as incomplete if there is a dispute pending before the railroad commission regarding the determination of the operator. (2) The town designee shall review each application within thirty (30) days after filing and shall determine whether the application includes all of the information required by this ordinance, whether the application is in conformance with the applicable oil and gas well development site plan, the applicable specific use permit, and whether the application is in conformance with the insurance and security requirements set forth in this ordinance. The town designee shall forward a written report regarding its determination to the operator. (3) The town designee shall review the application and the written report of the fire marshal and shall issue the oil and gas well permit within ten (10) days after receiving the fire marshal’s report unless it is determined that the application is incomplete or that the application is not in conformance with the applicable development site plan and applicable specific use permit. The town designee may employ a technical advisor. (4) The town designee may condition the release of the approved oil and gas well permit upon the operator providing the security required by this ordinance and upon the operator entering into a road repair agreement that will obligate the operator to repair damage excluding ordinary wear and tear, if any, to public streets, including but not limited to bridges, caused by the operator or by the operator’s employees, agents, contractors, subcontractors or representatives in the performance of any activity authorized by or contemplated by the approved oil and gas well permit. Town Council Page 1034 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-131 (5) The failure of the town designee to review and issue an oil and gas well permit within the time limits specified above shall not cause the application for the permit to be deemed approved. (6) Each oil and gas well permit issued by the town shall: (A) Identify the name of each well and its operator; (B) Specify the date on which the town issued each permit; (C) Specify the date by which drilling must commence on at least one (1) well covered by the permit, otherwise the permit expires (such date shall not be less than one (1) year after the date of issuance). A one (1) year extension of time may be granted if existing conditions are the same; (D) Specify that if drilling is commenced on at least one (1) well covered by the permit before the permit expires, the permit shall continue until the wells covered by the permit are abandoned and the site(s) restored; (E) Incorporate, by reference, the insurance and security requirements set forth in this ordinance; (F) Incorporate, by reference, the requirement for periodic reports and for notice of activities set forth in this ordinance; (G) Incorporate the full text of the release of liability provisions set forth in this ordinance; (H) Incorporate, by reference, the conditions of the applicable development site plan and applicable specific use permit; (I) Incorporate, by reference, the information contained in the permit application; (J) Incorporate, by reference, the applicable rules and regulations of the railroad commission, including the applicable “field rules”; (K) Specify that no drilling operations (including the construction of internal private access roads) shall commence until the operator has provided the security required by this ordinance; (L) Contain the name, address, and phone number of the person designated to receive notices from the town, which person must be a resident of Texas, that can be served in person or by registered or certified mail; and (M) Incorporate by reference all permits and fees required by the town. (7) The decision of the town designee to deny an application for an oil and gas well permit shall be provided to the operator in writing within ten (10) days after the decision, including an explanation of the basis for the decision, if requested by the operator. The operator may appeal any such denial to the town council. Town Council Page 1035 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-132 (8) If the town denies an application for an oil and gas well permit, nothing herein contained shall prevent a new permit application from being submitted to the town for the same well. (h) Insurance and indemnification. The operator shall provide or cause to be provided the insurance described below for each well for which an oil and gas well permit is issued, such insurance to continue until the well is abandoned and the site restored. The operator may provide the required coverage on a “blanket basis for multiple wells.” The operator shall provide an affidavit from the operator’s insurance company certifying that the insurance provided complies with the requirements of this ordinance. (1) General requirements; indemnification and express negligence provisions. (A) Each oil and gas well permit issued by the town shall include the following language: Operator does hereby expressly release and discharge all claims, demands, actions, judgments, and executions which it ever had, or now has or may have, or assigns may have, or claim to have, against the Town of Trophy Club and/or its departments, its agents, officers, servants, successors, assigns, sponsors, volunteers, or employees, created by, or arising out of personal injuries, known or unknown, and injuries to property, real or personal, or in any way incidental to or in connection with the performance of the work performed by the operator under an Oil and Gas Well Permit and the operator caused by or arising out of, that sequence of events which occur from the operator under the Oil and Gas Well Permit and work performed by the operator [sic] shall fully defend, protect, indemnify, and hold harmless the Town of Trophy Club, Texas, and/or its departments, agents, officers, servants, employees, successors, assigns, sponsors, or volunteers from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, fees, and expenses incurred in defense of the Town of Trophy Club, Texas, and/or its departments, agents, officers, servants, or employees, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by Operator, its agents, assigns, or any third parties on account of, arising out of, or in any way incidental to or in connection with the performance of the work performed by the Operator under an Oil and Gas Well Permit, and the Operator agrees to indemnify and hold harmless the Town of Trophy Club, Texas, and/or its departments, and/or its officers, agents, servants, employees, successors, assigns, sponsors, or volunteers from any liabilities or damages suffered as a result of claims, demands, costs, or judgments against the Town and/or, its departments, its officers, agents, servants, or employees, created by, or arising out of the acts or omissions of the Town of Trophy Club, occurring on the drill site or operation site in the course and scope of inspecting and permitting the gas wells INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE SOLE NEGLIGENCE OF THE TOWN OF TROPHY CLUB OCCURRING ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE OIL AND GAS WELLS. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE TOWN OF TROPHY CLUB, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, Town Council Page 1036 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-133 SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE TOWN OF TROPHY CLUB, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH, AND/OR DAMAGE. LIABILITY FOR THE SOLE NEGLIGENCE OF THE TOWN IN THE COURSE AND SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE GAS WELL IS LIMITED TO THE MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT. (B) All policies shall be endorsed to read “This policy will not be cancelled or non- renewed without thirty (30) days’ advance written notice to the owner and the Town except when this policy is being cancelled for nonpayment of premium, in which case ten (10) days’ advance written notice is required.” (C) Liability policies shall be written by carriers licensed to do business in Texas and with companies with A:VIII or better rating in accordance with the current Best Key Rating Guide, or with non-admitted carriers that have a financial rating comparable to carriers licensed to do business in Texas, and approved by the town. (D) Liability policies shall name as “additional insured” the town and its officials, agents, employees, and volunteers. Waivers of subrogation shall be provided in favor of the town. (E) Certificates of insurance must be presented to the town evidencing all coverages and endorsements required by this ordinance, and the acceptance of a certificate without the required limits and/or coverages shall not be deemed a waiver of these requirements. (F) Claims made policies will not be accepted except for excess policies or unless otherwise provided by this ordinance. (2) Required insurance coverage. (A) Commercial general liability insurance. (i) Coverage should be a minimum combined single limit of one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage. This coverage must include premises, operations, blowout or explosion, products, completed operations, blanket contractual liability, underground property damage, broad form property damage, independent contractors protective liability and personal injury. (ii) Environmental impairment (or seepage and pollution) shall be either included in the coverage or written as separate coverage. Such coverage shall not exclude damage to the lease site. If environmental impairment (or seepage and pollution) coverage is written on a “claims made” basis, the policy must provide that any retroactive date applicable precedes the effective date of the issuance of the permit. Coverage shall apply to sudden and non-sudden pollution conditions resulting from the escape or Town Council Page 1037 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-134 release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants. Coverage shall be a minimum combined single limit of one million dollars ($1,000,000.00), per occurrence. (B) Automobile liability insurance. Minimum combined single limit of five hundred thousand dollars ($500,000.00) per occurrence for bodily injury and property damage. Such coverage shall include owned, non-owned, and hired vehicles. (C) Worker’s compensation insurance. In addition to the minimum statutory requirements, coverage shall include employer’s liability limits of at least one hundred thousand dollars ($100,000.00) for each accident, one hundred thousand dollars ($100,000.00) for each employee, and a five hundred thousand dollars ($500,000.00) policy limit for occupational disease, and the insurer agrees to waive rights of subrogation against the town, its officials, agents, employees, and volunteers for any work performed for the town by the operator. As an alternative to worker’s compensation the operator may provide the equivalent to employer’s liability insurance meeting the requirements of this section. (D) Excess (or umbrella) liability insurance. Minimum limit of ten million dollars ($10,000,000.00) covering in excess of the preceding insurance policies. (E) Control of well insurance. (i) Minimum limit of five million dollars ($5,000,000.00) per occurrence. (ii) Policy shall cover the cost of controlling a well that is out of control, redrilling or restoration expenses, seepage and pollution damage. Damage to property in the operator’s care, custody, and control with a sub-limit of five hundred thousand dollars ($500,000.00) may be added. (i) Security. (1) A security instrument that covers each well must be delivered to the town before the issuance of the oil and gas well permit for the well. The instrument must provide that it cannot be cancelled without at least thirty (30) days’ prior written notice to the town and, if the instrument is a performance bond, that the bond cannot be cancelled without at least ten (10) days’ prior written notice for nonpayment of premium. The instrument shall secure the obligations of the operator related to the well to: (A) Repair damage, excluding ordinary wear and tear, if any, to public streets, including but not limited to bridges, caused by the operator or by the operator’s employees, agents, contractors, subcontractors or representatives in the performance of any activity authorized by or contemplated by the oil and gas well permit; (B) Comply with the insurance and security provisions set forth in this ordinance. Town Council Page 1038 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-135 (C) Pay fines and penalties imposed upon the operator by the town for any breach of the oil and gas well permit. (D) The security instrument may be in the form of an irrevocable letter of credit or payment bond issued by a bank or surety approved by the town. The instrument shall run to the town for the benefit of the town, shall become effective on or before the date the oil and gas well permit is issued, and shall remain in effect until the well is abandoned and the site restored. (E) A certificate of deposit may be substituted for the letter of credit or payment bond. The certificate shall be issued by a bank in the town, shall be approved by the town, shall be payable to the order of the town to secure the obligations of the operator described above, and shall be pledged to the bank with evidence of delivery provided to the town designee. Interest on the certificate shall be payable to the operator. (F) The security instrument may be provided for individual wells or on a “blanket” basis for multiple wells. The amount of the security shall be a minimum of fifty thousand dollars ($50,000.00) for any single well and a minimum of one hundred thousand dollars ($100,000.00) for multiple wells on a “blanket” basis. (G) In the event that the town determines that the operator’s insurance is insufficient, the security will terminate when the oil and gas well permit is transferred, with respect to the operator-transferor and if the operator-transferee provides replacement security that complies with this section, when the well is abandoned and the site restored, and when the town designee and/or town staff consents in writing to such termination. (H) An appeal of the determination of the amount of security required under this ordinance may be made to the planning and zoning commission for recommendation to the town council for final determination of the amount of security. (j) Periodic reports. The operator shall notify the planning and zoning coordinator of any changes to the following information immediately, within one (1) business day after the change occurs. (1) The name, address, and phone number of the operator; (2) The name, address, and twenty-four (24) hour phone number of the person(s) with supervisory authority over drilling or operations activities; (3) The name, address, and phone number of the person designated to receive notices from the town, which person must be a resident of Texas that can be served in person or by registered or certified mail; and (4) The operator’s emergency action response plan including “drive-to-maps” from public rights-of-way to each SUP site. Town Council Page 1039 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-136 (5) The operator shall provide a copy of any “incident reports” or written complaints submitted to the railroad commission or any other state or federal agency within thirty (30) days after the operator has notice of the existence of such reports or complaints. (6) Beginning on December 31st after each well is completed, and continuing on each December 31st thereafter until the operator notifies the town that the well has been abandoned and the site restored, the operator shall prepare a written report to the town identifying any changes to the information that was included in the application for the applicable oil and gas well permit that have not been previously reported to the town. (k) Notice of activities. Any person who intends to rework a well using a drilling rig, to fracture stimulate a well after initial completion, or to conduct seismic exploration involving explosive charges shall give written notice to the town at least ten (10) days before the activities begin. The notice shall identify where the activities will be conducted and shall describe the activities in reasonable detail, including but not limited to the duration of the activities and the time of day they will be conducted. The notice must also provide the address and twenty-four (24) hour phone number of the person conducting the activities. The person conducting the activities will post a sign on the property giving the public notice of the activities, including the name, address, and twenty-four (24) hour phone number of the person conducting the activities. If the town determines that an inspection by the town designee and/or town staff is necessary, the operator will pay the town’s customary charge for the inspection. (l) Abandonment of wells and pipelines. (1) Abandonment of wells. Upon abandonment of a well or well site, within sixty (60) days, the well shall be plugged in accordance with the Texas Railroad Commission standards, the site shall be cleaned and cleared of all equipment, holes or excavations filled, and the land graded and returned to its original condition including replanting of vegetation to match the surrounding area. All well casings shall be cut and removed to a depth of at least ten feet (10') below the surface. (2) Abandonment of pipelines. Upon abandonment of a pipeline, within (two months) sixty (60) days of abandonment, a pipeline must be purged and plugged in accordance with the rules and regulations of the State of Texas in effect at that time. (m) Amended oil and gas well permits. (1) An operator must submit an application to the planning and zoning coordinator to amend an existing oil and gas well permit, to commence drilling from a new drill site that is not shown on (or incorporated by reference as part of) the existing permit, to relocate a drill site or operation site that is shown on (or incorporated by reference as part of) the existing permit, or to otherwise amend the existing permit. (2) Applications for amended oil and gas well permits shall be in writing, shall be on forms provided by the town designee, shall be signed by the operator, and shall include the following: (A) The application fee as set by town ordinance; Town Council Page 1040 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-137 (B) A description of the proposed amendments; (C) Any changes to the information submitted with the application for the existing oil and gas well permit (if such information has not previously been provided to the town); (D) Such additional information as is reasonably required by the town designee or town staff to demonstrate compliance with the applicable development site plan and applicable specific use permit; and (E) Such additional information as is reasonably required by the town designee or town staff to prevent imminent destruction of property or injury to persons. (3) All applications for amended oil and gas well permits shall be filed with the planning and zoning coordinator. The application shall be immediately forwarded to the town designee for review. Incomplete applications may be returned to the applicant, in which case the town shall provide a written explanation of the deficiencies; however, the town may retain a processing fee as determined by the town designee. The town may return any application as incomplete if there is a dispute pending before the railroad commission regarding the determination of the operator. (4) If the activities proposed by the amendment are not materially different from the activities covered by the existing oil and gas well permit, and if the proposed activities are in conformance with the applicable development site plan and applicable specific use permit, then the town designee shall approve the amendment within ten (10) days after the application is filed. (5) If the activities proposed by the amendment are materially different from the activities covered by the existing oil and gas well permit, and if the proposed activities are in conformance with the applicable development site plan and applicable specific use permit, then the town designee shall approve the amendment within thirty (30) days after the application is filed. If, however, the activities proposed by the amendment are materially different and, in the judgment of the town designee, might create a risk of imminent destruction of property or injury to persons that was not associated with the activities covered by the existing permit or that was not otherwise taken into consideration by the existing permit, the town designee may require the amendment to be processed as a new oil and gas well permit application. (6) The failure of the town designee to review and issue an amended oil and gas well permit within the time limits specified above shall not cause the application for the amended permit to be deemed approved. (7) The decision of the town designee to deny an amendment to an oil and gas well permit shall be provided to the operator in writing within ten (10) days after the decision, including an explanation of the basis for the decision. The operator may appeal any such denial to the town council. (n) Transfer of oil and gas well permits. An oil and gas well permit may be transferred by the operator with the consent of the town if the transfer is in writing signed by both parties, and the transferee agrees to be bound by the terms and conditions of the transferred permit, if all information previously provided to the town as part of the application for the transferred permit is Town Council Page 1041 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-138 updated to reflect any changes and if the transferee provides the insurance and security required by this ordinance. The insurance and security provided by the transferor shall be released if a copy of the written transfer is provided to the town. The transfer shall not relieve the transferor from any liability to the town arising out of any activities conducted prior to the transfer. (o) Remedies of the town. (1) If an operator (or its officers, employees, agents, contractors, subcontractors or representatives) fails to comply with any requirement of an oil and gas well permit (including any requirement incorporated by reference as part of the permit), the town designee and/or town staff shall give written notice to the operator specifying the nature of the alleged failure and giving the operator a reasonable time to cure, taking into consideration the nature and extent of the alleged failure, the extent of the efforts required to cure, and the potential impact on the health, safety, and welfare of the community. In no event, however, shall the cure period be less than thirty (30) days unless the alleged failure presents a risk of imminent destruction of property or injury to persons or unless the alleged failure involves the operator’s failure to provide periodic reports. The fire marshal may issue a stop work order under the fire code. (2) If the operator does not cure the alleged failure within the time specified by the town designee and/or town staff, the town designee and/or town staff may notify the railroad commission and request that the railroad commission take appropriate action (with a copy of such notice provided to the operator), and the town may pursue any other remedy available under this ordinance. (3) If the operator does not cure the alleged failure within the time specified by the town designee and/or town staff, the town designee and/or town staff may recommend: (A) The town council to suspend the oil and gas well permit until the alleged failure is cured; or (B) The town council to revoke the oil and gas well permit if the operator fails to initiate and diligently pursue a cure. (4) The decision of the town designee and/or town staff to recommend suspension or revocation of an oil and gas well permit shall be provided to the operator in writing at least ten (10) days before any action by the town council. (5) If an oil and gas well permit is revoked, the operator will be given a hearing in front of the town council. (p) Enforcement; right of entry. The town designee and/or town staff is authorized and directed to enforce this ordinance and the provisions of any oil and gas well permit. Whenever necessary to enforce any provision of this ordinance or a gas well permit, or whenever there is reasonable cause to believe there has been a violation of this ordinance or an oil and gas well permit, the town designee, town staff or their designated representatives, may enter upon any property covered by this ordinance or an oil and gas well permit at any reasonable time to inspect or perform any duty imposed by this ordinance. If entry is refused, the town shall have recourse to every remedy provided by law and equity to gain entry. Town Council Page 1042 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-139 (q) Penalty. (1) It shall be unlawful and an offense for any person to do the following: (A) Engage in any activity not permitted by the terms of an oil and gas well permit issued under this ordinance; (B) Fail to comply with any conditions set forth in an oil and gas well permit issued under this ordinance; or (C) Violate any provision or requirement set forth under this ordinance. (2) Any violation of this ordinance shall be punished by a fine of not more than two thousand dollars ($2,000.00) per day, subject to applicable state law. Each day a violation occurs constitutes a separate violation. (Ordinance 2003-11, sec. III, adopted 8/4/03; 2006 Code, ch. 13, sec. 5.12; Ordinance 2010-10, sec. 3, adopted 4/26/10) Secs. 14.02.263–14.02.300 Reserved Division 6. Conditional and Specific Uses Sec. 14.02.301 Conditional use permits (a) Purpose. In each zoning district there are some uses which would be appropriate in some but not all locations within the district. Typically, these are uses that may have some special impact or uniqueness which require a careful review of their location, design, configuration and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses which may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect. In this ordinance such uses are classified as conditional uses and before they may be established, the planning and zoning commission may, based upon findings of fact derived from evidence received at public hearing, recommend approval and the town council may, by ordinance, approve the establishment of the use. (b) Authorization. The planning and zoning commission may recommend, and the town council may authorize, the establishment of those conditional uses that are expressly authorized to be permitted as a conditional use in a particular zoning district or in one or more zoning districts. No conditional use shall be authorized unless this ordinance specifically authorizes such conditional use to be granted and unless such grant complies with all of the applicable provisions of this ordinance. (c) Initiation. An application for a conditional use permit may be filed by the owner or his designated agent, or any other person having a contractual or possessory interest in the subject property. (d) Application for conditional use permit. An application for a conditional use permit shall be filed in duplicate with the town planning and zoning administrator, who shall forward, without delay, one copy to the planning and zoning commission. The application shall include the conditional use permit fee, a site plan in accordance with the town’s zoning ordinance, and the Town Council Page 1043 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-140 following information, as well as such additional information as may be prescribed by rule of the town planning and zoning commission. (1) The applicant’s name and address and their interest in the subject property; (2) The owner’s name and address, if different than the applicant, and the owner’s signed consent to the filing of the application; (3) The street address and legal description of the property; (4) The zoning classification and present use of the subject property; (5) The particular provision of this ordinance authorizing the proposed conditional use; (6) A general description of the proposed conditional use; (7) An application for site plan approval, as required by the zoning ordinance; (8) A statement or diagram showing compliance with any special conditions or requirements imposed upon the particular conditional use by the applicable district regulations; (9) A statement as to why the proposed conditional use will not cause substantial injury to the value, use or enjoyment of other property in the neighborhood; (10) A statement as to how the proposed conditional use is to be designed, arranged and operated in order to ensure that development and use of neighboring property in accordance with the applicable district regulations will not be prevented or made unlikely. (e) Hearing on conditional use permit application. A public hearing on the application shall be held and notice thereof given in the manner and form required for amendments as set out in section 14.02.403, Amendments, and as provided by state law. (f) Standards. As application for a conditional use permit shall be granted only if evidence is presented at the public hearing which establishes: (1) That the proposed conditional use will be consistent with the adopted policies in the comprehensive land use plan of the town; (2) That the proposed conditional use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety and general welfare; (3) That the proposed conditional use will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. In Town Council Page 1044 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-141 determining whether the proposed conditional use will so dominate the immediate neighborhood, consideration will be given but not limited to: (A) The location, nature and height of building, structures, walls or fences on the site; and (B) The nature and extent of landscaping and screening on the site; and (C) Lighting, noise, and/or excessive traffic; (4) That the proposed conditional use complies with all applicable regulations of this ordinance, including lot size requirements, use limitations, and performance standards; (5) That the proposed conditional use at the specified location will contribute to or promote the welfare or convenience of the public; (6) That off-street parking and loading areas will be provided in accordance with the standards set out in section 14.02.353, Off-Street Parking Requirements, and section 14.02.354, Off-Street Loading Requirements, of this article, and such areas will be screened from any adjoining residential uses and located so as to protect such residential uses from any injurious effect; (7) That adequate access roads or entrance and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic congestion in public streets; (8) That the proposed conditional use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services; (9) That the proposed conditional use will not result in the destruction, loss or damage of any natural, scenic or historic feature; (10) That the proposed conditional use will comply with any additional standards imposed on it by the particular provision of the ordinance authorizing such use. (g) Conditions and restrictions. In granting a conditional use, the planning and zoning commission may recommend, and the town council may impose such conditions, safeguards and restrictions upon the premises benefited by the conditional use as may be necessary to comply with the standards set out in this section to avoid, or minimize, or mitigate any potentially injurious effect of such conditional uses upon other property in the neighborhood, and to carry out the general purpose and intent of this ordinance. Such conditions shall be set out in the ordinance approving the conditional use permit. (h) Affidavit of compliance with conditions. Whenever any conditional use permit authorized pursuant to this section is made subject to conditions to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the town secretary so stating. Town Council Page 1045 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-142 (i) Effect of issuance of a permit for a conditional use. The issuance of a permit for a conditional use shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals which may be required by the codes and ordinances of the town, including, but not limited to, a building permit, a certificate of occupancy and subdivision approval. (j) Period of validity. (1) A conditional use permit shall expire one (1) year after the date of issuance if the permit holder has failed to either: (A) Obtain a building permit and begin the erection or alteration of the structure for which the permit was issued; or (B) Obtain an occupancy permit for the structure and commence a use. (2) Upon written application, the town council may grant one (1) additional extension for a period not to exceed one (1) year. The written application shall contain a detailed statement explaining all reasons that the requested extension has become necessary. The town council may grant such extension without requiring the applicant to comply with the notice and hearing provisions of this ordinance. If any additional extensions are requested, the notice and hearing provisions of this ordinance governing the issuance of a conditional use permit shall be required. (Ordinance 98-29, sec. XLIV, adopted 12/1/98; Ordinance 2000-06, sec. XLIV, adopted 3/21/00; Ordinance 2001-08, sec. III, adopted 4/16/01; 2006 Code, ch. 13, sec. 6.01) Sec. 14.02.302 Specific use permit (a) Purpose. The specific use permit procedure is designed to provide the planning and zoning commission and the town council with an opportunity for discretionary review of requests to establish or construct uses or structures which may be necessary or desirable for, or which have the potential for a deleterious impact upon the health, safety and welfare of the public, for the purpose of determining whether the proposed location of the use or structure is appropriate and whether it will be designed and located so as to provide, minimize or mitigate any potentially adverse effects upon the community or the other properties in its vicinity. The discretionary specific use permit procedure is designed to enable the planning and zoning commission and the town council to impose conditions upon such uses and structures that are designed to avoid, minimize or mitigate potentially adverse effects upon the community or other properties in the vicinity of the proposed use or structure, and to deny requests for specific use permits when it is apparent that a proposed use or structure will or may occasionally harm the community or cause substantial injury to the value, lawful use, and reasonable enjoyment of other properties in the vicinity of the proposed use or structure. (b) Authorized specific uses. The following uses and structures may be established or constructed only upon the issuance of a specific use permit in accordance with the provisions of this ordinance. (1) Gas and oil well drilling and production. Town Council Page 1046 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-143 (2) Children’s day care center, unless otherwise specifically allowed. (c) Application. An application for specific use permit may be filed by the owner of, or other person having a contractual or possessory interest in, the subject property. Any application filed by a person who is not the owner of the property for which the specific use permit is sought shall be accompanied by evidence of the consent of the owner. (d) Permit application. An application for a specific use permit, along with the permit fee, shall be filed with the planning and zoning coordinator, who shall forward a copy to the planning and zoning commission. The application shall contain the following information: (1) Applicant’s name, address, phone number and their interest in the subject property. (2) Owner’s name, address and phone number, if different from the applicant, as well as the owner’s signed consent to the filing of the application. (3) Zoning classification and present use of the subject property. (4) A description of the proposed specific use. (5) An application for site plan approval, which shall be in accordance with section 14.02.259, Site Plan Requirements. (6) A detailed explanation of why the proposed use will not cause substantial injury to the value, use or enjoyment of the property in the neighborhood. (7) A statement as to how the proposed specific use is to be designed, arranged and operated in order to ensure that development and use of neighboring property in accordance with the applicable district regulations will not be prevented or made unlikely, and that the value, use and reasonable enjoyment of such property will not be prevented or made unlikely, [sic] and that the value, use and reasonable enjoyment of such property will not be impaired or adversely affected. (8) An identification of any potentially adverse effects that may be associated with the proposed specific use, and of the means proposed by the applicant to avoid, minimize or mitigate such effects. (9) Such additional terms and conditions including design standards as the planning and zoning commission and the town council deem necessary to preserve the value and character of the affected property and neighboring properties. (e) Consideration of specific use permit application. In considering an application for a specific use permit, the planning and zoning commission and the town council shall take into consideration the following factors: (1) Whether the proposed site plan will adequately provide for safety from fire hazards and have effective measures of fire control. (2) Whether the proposed site plan provides adequate drainage. Town Council Page 1047 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-144 (3) Whether the proposed specific use will have noise-producing elements that are not sufficiently controlled. (4) Whether the glare of vehicular and stationary lights is compatible with the established character of surrounding land uses. (5) Whether the location, lighting and type of signs and the relationship of signs to traffic control is appropriate for the site. (6) Whether such signs will have an adverse effect on adjacent properties. (7) Whether the proposed specific use will adversely affect the public at the site and the area immediately surrounding the specific use. (8) Whether the proposed use will have any substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public, health, safety and general welfare. (9) Whether the proposed use will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. In determining whether the proposed specific use will so dominate the immediate neighborhood, consideration shall be given to: (A) The location, nature and height of buildings, structures, walls and fences on the site; and (B) The nature and extent of landscaping and screening on the site. (10) Whether the proposed use otherwise complies with all applicable regulations of this ordinance, including lot size requirements, bulk regulations, use limitations and performance standards. (11) Whether the proposed use at the specified location will contribute to or promote the welfare or convenience of the public. (12) Whether off-street parking and loading areas will be provided in accordance with the standards set out in section 14.02.353, Off-Street Parking Requirements, and section 14.02.354, Off-Street Loading Requirements, and such additional areas will be screened from any adjoining residential uses and located so as to protect such residential uses from any injurious effect. (13) Whether adequate access roads or entrance and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic congestion in public streets and alleys. (14) Whether the proposed use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers and schools; or that the persons Town Council Page 1048 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-145 or agencies responsible for the establishment of the proposed use will provide adequately for such services. (15) Whether the proposed use will result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance. (f) Conditions and restrictions. In considering a specific use permit application, the planning and zoning commission may recommend, and the town council may impose, such conditions, safeguards and restrictions upon the premises benefited by the specific use as may be necessary to avoid, minimize, or mitigate any potentially injurious effect of such specific use upon other property in the neighborhood, and to carry out the general purpose and intent of this ordinance. Such conditions shall be set out in the ordinance approving the specific use permit. (g) Affidavit of compliance with conditions. Whenever any specific use permit authorized pursuant to this section is made subject to conditions to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the planning and zoning coordinator so stating. (h) Effect of issuance of a permit for a specific use. The issuance of a permit for a specific use shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals which may be required by the codes and ordinances of the town, including but not limited to, a building permit, a certificate of occupancy and subdivision approval. (i) Period of validity. Specific use permits are conditional zone changes granted by amendment to the comprehensive zoning ordinance. In the event that the use granted by the specific use permit lapses for a period of six (6) months or more, the permit shall become void. The applicant may choose to reinitiate the specific use permit approval procedure, including all fees required in the process. (Ordinance 2000-06, sec. XLIV, adopted 3/21/00; Ordinance 2003-10, sec. III, adopted 8/4/03; 2006 Code, ch. 13, sec. 6.02) Secs. 14.02.303–14.02.350 Reserved Division 7. Development and Design Standards Sec. 14.02.351 Fencing, retaining walls and 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 Town Council Page 1049 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-146 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 its 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 subsection (l), Maintenance and Repair of Non-Living Materials, of this section. (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 uppermost surface of the retaining wall. (A) Front, side and rear yards. Eight feet (8') is the maximum height allowed for front, side and rear yard fences, except as otherwise provided in subsection (C), Location, (4) and (5), of this section. (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. 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. 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. Town Council Page 1050 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-147 (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 applies 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 subsection (l), Maintenance and Repair of Non-Living Materials, of this section. (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 Town Council Page 1051 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-148 for consideration to the planning and zoning coordinator or their designee prior to fence permit approval. (i) Prior to the approval of items listed in subsection (d)(1)(B) above, detailed plans indicated [indicating] 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) and (B) above, all other materials shall be prohibited including but not limited to, broken glass, nails, screws or wire or any sharp object affixed to a fence in a manner that may cause injury to or prevent emergency personnel from climbing such fence in an emergency. Nails or screws used in a normal construction manner are not prohibited by this section. (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 11-1/2, 12-1/2 or 14 inches and posts; or (ii) Ornamental iron. Town Council Page 1052 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-149 (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 subsection (l), Maintenance and Repair of Non-Living Materials, of this section. (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 subsection (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 [section 14.02.460]. (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 Town Council Page 1053 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-150 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 [by] the planning and zoning coordinator or their designee prior to permit approval. All retaining walls constructed of formed concrete, concrete block, cinderblock 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 rights-of-way or watercourses, and building setback 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 reinspection, 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 complied 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 Town Council Page 1054 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-151 (2) A solid fence. (3) Where a nonresidential 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 nonresidential use. The developer of the nonresidential property shall erect the fence or wall required by this section. Where the district boundary dividing a residential district from a nonresidential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the nonresidential 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 nonresidential 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 14.02.355, Parking and Loading Area Development Standards for Nonresidential Uses, subsection (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 and zoning coordinator. (l) Maintenance and repair of non-living material. (1) All screening materials, fences, walls, outdoor animal runs, and retaining walls shall be maintained in a neat and orderly manner and in sound condition and good repair at all times. (A) All fences, walls, screening materials and animal runs must be maintained in their original design and placement. (B) The maintenance and/or repair of any screening material, fence, wall or animal run shall be constructed of the same materials as the existing screening material, fence, wall or animal run. (2) When a fence, wall, or outdoor animal run is declared by the building official or his designated representative to be dilapidated or hazardous, the building official, or his designated representative shall order the occupant, owner, or inhabitant of the property to remove or repair the screening material, fence, wall, or outdoor animal run to a sound condition. (A) Dilapidated shall include, but not be limited to, screening materials, fences, walls, or outdoor animal runs that have broken or missing planks or portions, Town Council Page 1055 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-152 or that are out of horizontal or vertical alignment by more than one foot (1') measured at the top of the posts. (B) Areas adjacent to screening areas, fences and walls shall be maintained in a clean manner, and shall be free and clear of all debris, trash and weeds, and other such materials or plants not a part of the screening or landscaping. (C) It shall be unlawful for an occupant, owner, or inhabitant of a property to fail to remove or repair a fence, screening material or wall in accordance with this provision within ten (10) days of a written order issued under this section, unless otherwise extended by the building official or his designated representative. (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 areas, 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 [and] 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 the 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. Town Council Page 1056 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-153 (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 Town Council Page 1057 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-154 (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. (Ordinance 2000-06, sec. XLV, adopted 3/21/00; Ordinance 2005-16, sec. 2, adopted 7/18/05; 2006 Code, ch. 13, sec. 7.01; Ordinance 2007-17, sec. II, adopted 4/16/07) Sec. 14.02.352 Landscaping regulations (a) Purpose. It is the purpose of this section to establish certain regulations pertaining to landscaping within the town. These regulations provide standards and criteria for new landscaping which are intended to promote the value of property, enhance the welfare, and improve the physical appearance of the town. (b) Scope. The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new construction occurring within the town. (c) Enforcement. The provisions of this section shall be administered and enforced by the building official or their designee. If, at any time after the issuance of a certificate of occupancy or building permit, whichever is applicable, landscaping is found to be nonconforming to the standards and criteria of this section, the building official shall issue notice to the owner, citing [the nonconformity, and the owner,] tenant, or agent shall have thirty (30) days from the date of said notice to restore the landscaping required. If the landscaping is not restored within the allotted time, such person shall be deemed to be in violation of this ordinance. (d) General standards. The following criteria and standards shall apply to landscape materials and installation: (1) Quality. Plant materials used in conformance with the provisions of this ordinance shall conform to the standard of the American Standard for Nursery Stock, or equal thereto. Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects. (2) Trees. Trees referred to in this section shall comply with all applicable regulations and requirements of article VIII of the subdivision regulations of the town, as amended [article 10.02, division 8 of the Code of Ordinances]. If any of the requirements of article VIII regulating trees conflict with the requirements contained herein regulating trees, the requirements of article VIII of the subdivision regulations shall control. Town Council Page 1058 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-155 (3) Shrubs and hedges. Shrubs shall be a minimum of two feet in height when measured immediately after planting. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen which will be three (3) feet high within one year after time of planting. (4) Vines. Vines shall be a minimum of two feet immediately after planting and may be used in conjunction with fences, screens or walls to meet screening requirements as specified. (5) Ground cover. Ground covers used in lieu of grass in whole and in part shall be of live material and shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year of planting. (6) Lawn grass. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales, berms or other areas subject to erosion. (7) Credit for existing trees. Any trees preserved on a site meeting the specifications herein shall be credited toward meeting the tree requirement of any landscaping provision of this section. Trees of exceptional quality due to size, large canopy cover, trunk diameter, rareness, age or species may, at the discretion of the planning and zoning commission, be credited as two trees for the herein minimum requirements. (8) Railroad ties. The use of railroad ties for use as landscaping material shall be prohibited. (e) Maintenance. The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds and other such material or plants not a part of the landscaping. All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials which die shall be replaced with similar plant material. (f) Sight distance and visibility. (1) Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an accessway intersects a public right-of-way or when the subject property abuts the intersection of two or more public rights-of-way, a triangular visibility area shall be created. (2) In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the building official, the requirements set forth herein may be reduced to the extent required to remove the conflict. (g) Requirements for residential districts. In addition to the above-listed requirements, all areas within the town which are zoned for residential use, by either “straight zoned” districts or by planned developments, shall have the following requirements. (1) Each residential lot shall have a minimum of twelve (12) caliper inches of trees located in the front yard prior to issuance of a certificate of occupancy. The twelve Town Council Page 1059 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-156 (12) caliper inches may be distributed among any number of trees desired by the homeowner but shall not include any tree less than three (3) caliper inches. Caliper inches shall be measured twelve (12) inches above final grade adjacent to the trunk of the tree. (2) Approved landscape plan prerequisite. No permit shall be issued for building or construction on any residential lot or tract until a landscape plan has been submitted and approved by the town planning and zoning administrator. (3) Landscape plans. (A) Prior to the issuance of a building, paving, grading or construction permit for any residential use, a landscape plan shall be submitted to the town planning and zoning administrator. The administrator shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in accord, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance. The landscape plan may be revised by the owner at any time the plan varies substantially from what was originally approved. Such revision should be submitted to the town planning and zoning administrator for approval. (B) Planting of the landscaping may be postponed for one year following completion of construction if the building party represents a builder and is not intended to reside at that location. In such cases, the permanent resident/owner may revise any landscape plan which has been previously submitted by a builder and approved by the town, and must complete the planting of either the previously approved or revised landscaping within a twelve (12) month period. (4) Content of the landscape plan. The owner/builder shall provide a drawing illustrating the entire landscape plan for the property. The landscape plan shall contain, at minimum, the information contained hereinbelow. Caliper inches shall be measured twelve inches (12") above final grade adjacent to the trunk of the tree: (A) It is not necessary that the landscape plan be drawn to scale; however, it is to be drawn such that the physical relationship of property, structures, and landscaping are easily discernible. All applicable requirements relative to trees as specified in article VIII of the subdivision regulations of the town [article 10.02, division 8 of the Code of Ordinances], as amended, shall be met by the builder/owner. (B) A tree survey meeting the requirements of article VIII of the subdivision regulations of the town [article 10.02, division 8 of the Code of Ordinances], as amended, shall be provided. Such survey shall show the location of all trees to be preserved, relocated, replanted and/or removed. (C) The location of all plants and landscaping material to be added, including but not limited to, plants, paving, benches, screens, fountains, statues or other landscape features shall be shown on the landscape plan. All trees for which a removal or replanting permit is required shall be identified as required by Town Council Page 1060 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-157 article VIII of the subdivision regulations of the town [article 10.02, division 8 of the Code of Ordinances], as amended. (D) Species of all plant material to be used shall be identified on the landscape plan; provided however, that as required by article VIII of the subdivision regulations of the town [article 10.02, division 8 of the Code of Ordinances], and all amendments thereto, trees shall be of a species required by such article VIII. (E) Size of all plant material to be used shall be identified on the landscape plan. As required by article VIII of the subdivision regulations of the town [article 10.02, division 8 of the Code of Ordinances], and all amendments thereto, all trees shall meet the sizing requirements specified in such article VIII. (F) Spacing of plant material shall be identified on the landscape plan. As required by article VIII of the subdivision regulations of the town [article 10.02, division 8 of the Code of Ordinances], and all amendments thereto, trees shall meet the spacing requirements set forth in such article VIII. (G) Layout and description of irrigation, sprinkler or water systems, including placement of water sources, shall be identified on the landscape plan. (H) In addition to meeting the requirements of this section, the owner/builder shall comply with all applicable requirements of article VIII of the subdivision regulations of the town [article 10.02, division 8 of the Code of Ordinances], as amended. Where any of the provisions of this section conflict with article VIII of the subdivision regulations of the town, as amended, the requirements of article VIII shall control as applicable. (h) Requirements for nonresidential districts and uses. The following requirements shall be additional requirements for landscaping located in all districts not specifically zoned for residential use, by either “straight zoned” districts or by planned unit developments. (1) Permits. (A) No permits shall be issued for building, paving, grading, or construction until a landscape plan is submitted and approved by the planning and zoning commission. In the event that the proposed development required an approved subdivision plat or site plan, no such final approval shall be granted unless a landscape plan is submitted and approved. (B) In any case in which a certificate of occupancy is sought at a season of the year in which the planning and zoning commission determines that it would be impractical to plant trees, shrubs, or grass, or to lay turf, a certificate of occupancy may be issued notwithstanding the fact that the landscaping required by the landscape plan has not been completed. Provided, however, that the required landscaping shall be installed within twelve (12) months of the issuance of the certificate of occupancy. (2) Landscape plans. Prior to the issuance of a building, paving, grading, or construction permit, a landscape plan shall be submitted to the town planning and zoning Town Council Page 1061 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-158 commission. The commission shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in accord, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance. (3) Content of landscape plans. Landscaping plans shall be prepared by a landscape architect, landscape contractor, or landscape designer knowledgeable in plants, materials, and landscape design. Landscape plans shall contain the following information: (A) Minimum scale of one inch equals fifty feet (50'); (B) Location of all trees to be preserved; (C) Location of all plants and landscaping material to be used, including plants, paving, benches, screens, fountains, statues, or other landscape features; (D) Species of all plant material to be used; (E) Size of all plant material to be used; (F) Spacing of plant material where appropriate; (G) Layout and description of irrigation, sprinkler, or water systems, including placement of water sources; (H) Description of maintenance provisions for the landscape plan; (I) Person(s) responsible for the preparation of the landscape plan. (J) If a tree removal permit and/or a tree replanting permit is required by article VIII of the subdivision regulations of the town [article 10.02, division 8 of the Code of Ordinances], as amended, the owner/builder shall comply with the requirements of article VIII prior to the issuance of a tree removal permit. (K) A tree survey shall be provided as required by article VIII of the subdivision regulations of the town [article 10.02, division 8 of the Code of Ordinances], as amended. (L) In addition to meeting the requirements of this section, the owner/builder shall comply with all applicable requirements of article VIII of the subdivision regulations of the town [article 10.02, division 8 of the Code of Ordinances], as amended. Where any of the provisions of this section conflict with article VIII of the subdivision regulations of the town, as amended, the requirements of article VIII shall control. (4) Minimum requirements for off-street parking and vehicular use areas. Parking lots, vehicular use areas and parked vehicles are to be effectively screened, from the public view and adjacent property. Both the interior and perimeter of such areas shall be landscaped in accordance with the following criteria. Areas used for parking or Town Council Page 1062 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-159 vehicular storage which are under, on or within buildings are exempt from these standards. (A) Interior landscaping. A minimum of ten (10) percent of the gross parking areas shall be devoted to living landscaping which includes grass, ground cover, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and/or driveway paving and sidewalks. The following additional criteria shall apply to the interior of parking lots: (i) Interior landscape areas shall be protected from vehicular encroachment of overhang through appropriate wheel stops or curbs. (ii) There shall be a minimum of one (1) tree planted for each four hundred (400) square feet or fraction thereof of required interior landscape area. (iii) Interior areas of parking lots shall contain planter islands located so as to best relieve the expanse of paving. Planter islands must be located no further apart than every twelve (12) parking spaces and at the terminus of all rows of parking. Such islands shall contain at least one (1) tree. The remainder shall be landscaped with shrubs, lawn, ground cover and other appropriate material not to exceed three feet (3') in height. Interior planter islands shall have a minimum size of ten feet (10') by twenty feet (20'). (iv) The planning and zoning commission may approve planter islands required by this section to be located further apart than twelve (12) parking spaces in order to preserve existing trees in interior parking areas. Off-street parking and drive areas located within the drip line of a tree shall be paved with permeable material approved by the commission when the drip line of an existing tree is larger than planter islands required by this section. (B) Perimeter landscaping. All parking lots and vehicular use areas shall be screened from all abutting properties and/or public rights-of-way with a wall, fence, hedge, berm or other durable landscape barrier. Any living barrier shall be established in a two feet (2') minimum width planting strip. Plants and materials used in living barriers shall be at least thirty inches (30") high at the time of planting and shall be of a type and species that will attain a minimum height of three feet (3') one year after planting. Any landscape barrier not containing live plants or trees shall be a minimum of three feet (3') high at time of installation. Perimeter landscaping shall be designed to screen off-street parking lots and other vehicular use areas from public rights-of-way and adjacent properties. (i) Whenever an off-street parking or vehicular use area abuts a public right- of-way, a perimeter landscape area of at least fifteen feet (15') in depth shall be maintained between the abutting right-of-way and the off-street parking or vehicular use area. An appropriate landscape screen or barrier shall be installed in this area and the remaining area shall be landscaped with at least grass or other ground cover. Necessary accessways from the public right-of-way shall be permitted through all such landscaping. The Town Council Page 1063 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-160 maximum width for accessways shall be: fifty feet (50') for nonresidential two-way movements; thirty feet (30') for residential two- way movements; twenty feet (20') for nonresidential one-way movements; and fifteen feet (15') for residential one-way movements. (ii) Whenever an off-street parking or vehicular use area abuts an adjacent property line a perimeter landscape area of at least ten feet (10') in width shall be maintained between the edge of the parking area and the adjacent property line. Landscaping will be designed to visually screen the parking area. Whenever such property is zoned or used for residential purposes, the landscape buffer shall include a wall, fence, hedge, or berm not greater than eight feet (8') in height nor less than four feet (4') in height. (iii) Perimeter landscape areas shall contain at least one tree for each thirty (30) lineal feet or fraction thereof of perimeter area and shall be three feet (3') high within one year after time of planting. (5) Landscaping requirements for non-vehicular open space. In addition to the landscaping of off-street parking and vehicular use areas, all remaining open spaces on any developed lot or parcel shall conform to the following minimum requirements: (A) Grass, ground cover, shrubs and other landscape material shall be used to cover all open ground within twenty feet (20') of any building or paving or other use such as storage. (B) All structures shall be treated with landscaping so as to enhance the appearance of the structure and to screen any detractive or unsightly appearance. (C) Landscaping shall be provided on each developed lot in accordance with the following standards: (i) In all residential zoning districts, a minimum of fifteen percent (15%) of the landscaping shall be located in the required front yard. (ii) In all nonresidential zoning districts, a minimum of fifteen percent (15%)of the total site area shall be devoted to feature landscaping with not less than fifty (50%) percent of the landscaping being located in the required front yard. (D) Trees shall be planted in non-vehicular open space to meet the following requirements. Existing trees that are preserved on a developed site may be credited to the following requirements: Percentage of Site in Non-Vehicular Open Spaces Tree Ratio per Non-Vehicular Open Space Less than 30 6 trees/2,500 sq. ft. 30 - 49 7 trees/3,000 sq. ft. Over 50 9 trees/4,000 sq. ft. Town Council Page 1064 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-161 (i) Applicability - Relief from landscaping requirements. Relief from landscaping requirements may be considered in situations where the individual characteristics of or circumstances associated with a particular location limit the applicant’s ability to comply with the landscaping requirements of this ordinance, such as the presence of existing facilities and unusual topography. An applicant seeking such relief shall submit an application specifically identifying the justification for the requested relief and comply with the following procedure: (1) An applicant shall submit an alternate landscape plan to the planning and zoning administrator. In addition to complying with all requirements of section 14.02.352 of this article regarding the contents of landscape plans, such alternate plan shall identify the specific provisions of section 14.02.352 from which relief is sought and shall include a detailed written justification for the requested relief, specifically identifying reasons why he or she is unable to comply with existing landscape requirements. (2) Such landscape plan shall illustrate in detail the applicant’s proposed alternate plan to landscape, including but not limited to identifying the amount, type and placement of plant materials, the proposed plan for irrigation, and a phasing schedule for completing the plan when applicable. (3) The landscape plan may be submitted either with a site plan or may be submitted separately. (4) Upon receipt of a completed application, the P&Z administrator shall forward such application to the planning and zoning commission for review and recommendation to the town council. (Ordinance 2000-06, sec. XLVII, adopted 3/21/00; Ordinance 2001-29, sec. IV, adopted 12/17/01; Ordinance 2003-25, sec. III, adopted 12/17/03; 2006 Code, ch. 13, sec. 7.03) Sec. 14.02.353 Off-street parking regulations In all zoning districts there shall be provided, in connection with appropriate allowable uses, off- street parking space in accordance with the following requirements: (1) Minimum off-street parking requirements. The minimum number of off-street parking spaces herein required shall be computed and provided in accordance with the following specifications: (A) The number of spaces required shall serve residents, customers, patrons, visitors and employees. (B) Each parking space shall have adequate drives and room for ingress and egress to each parking space with a minimum size of eight feet (8') by twenty-two feet (22') for each parallel parking space and nine feet (9') by eighteen feet (18') for each angular head-in parking space, and shall be designed in accordance with minimum town standards. (C) All maneuvering for off-street parking shall be accomplished on private property. Town Council Page 1065 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-162 (D) Parking facilities that are within sixty feet (60') of a residentially zoned district shall be separated from said district by a decorative masonry wall at least eight feet (8') high or a combination of berm, fence, or wall at least eight feet (8') in height. (E) Boats, recreational vehicles, and trailers are not permitted to be parked in any zoning district unless the vehicles are totally enclosed by a building structure. (2) Unclassified use. Where the proposed land use cannot be classified within the uses herein specified, the town council shall determine the specified use most clearly related to the proposed use and the minimum requirements for the specified use so determined shall apply to the proposed use. (3) Number of parking spaces required. The minimum number of off-street parking spaces required shall be as follows: Use No. of Parking Spaces Required for Each (A) Residential uses Single-family dwellings; attached, detached, townhouse, duplex, HUD- code manufactured home, industrialized housing 2 Dwelling unit Apartment, condominiums, triplex, four-plex 2 – 2-1/2 Dwelling unit (B) Institutional uses Church 1 4 seats in main sanctuary, or for each 28 square feet in the main sanctuary, or for each 200 sq. ft. of bldg. area, whichever is greatest Public, community, health welfare center 1 200 sq. ft. of gross floor area Institution; religious, charitable or philanthropic organization 1 200 sq. ft. of gross floor area Place of public assembly 1 3 seats Day camp, kindergarten, or day nursery 1 5 pupils Governmental office buildings, libraries, museums 1 200 sq. ft. of gross floor area School, elementary 1 20 students (design capacity) School, junior high 1 15 students (design capacity) School, senior high 1 3 students (design capacity) School, private 1 10 students Lodge or fraternal organizational building 1 200 sq. ft. of gross floor area Eating or drinking establishment, no service to auto 5 Plus 1 for each 3 seats (design capacity) Town Council Page 1066 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-163 Use No. of Parking Spaces Required for Each (C) Office, professional or financial uses Bank or savings and loan office 1 300 sq. ft. of gross floor area Medical or dental clinics 5 Plus 1 space for each 150 sq. ft. of gross floor area Office, general 5 Plus 1 space for each 300 sq. ft. gross floor area Dance, drama or music studio 1 2 students (design capacity) (D) Professional services and retail uses: Personal service establishment 5 Plus 1 space for each 200 sq. ft. of gross floor area Retail establishments in buildings 5 Plus 1 space for each 200 sq. ft. of gross floor area Beauty/barber shop 1 50 sq. ft. of gross floor area Outside retail shop 1 600 sq. ft. of gross floor area Coin-operated or self-serve laundry or dry cleaning 1 2 washing machines Drive-through eating establishment 1 75 sq. ft. gross floor area Cafe, restaurant, cafeteria 1 125 sq. ft. gross floor area (E) Recreation, social and entertainment uses Indoor commercial amusements 1 Per 100 sq. ft. of enclosed floor area Theater 1 4 seats Batting cage, driving range 1 Cage or tee Golf course 30 Plus 3 spaces (4) Exceptions. Groups of uses requiring vehicle parking space may join in establishing group parking areas with capacity aggregating that required for each particular use. Where it can be established before the building official that parking for two (2) specific uses occurs at alternating periods, the parking space requirements of the use requiring the greater number of spaces may be applied to both uses in a combined parking area. Example: Church and professional office building. (Ordinance 98-29, sec. XLVIII, adopted 12/1/98; Ordinance 2000-06, sec. XLVIII, adopted 3/21/00; 2006 Code, ch. 13, sec. 7.04) Town Council Page 1067 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-164 Sec. 14.02.354 Off-street loading regulations In all zoning districts there shall be provided, in connection with appropriate allowable uses, off- street loading facilities in accordance with the following requirements: (1) Minimum off-street loading requirements. The minimum number of off-street loading spaces herein required shall be computed and provided in accordance with the following classifications: (A) Any department store, retail establishment, storage warehouse, or wholesale establishment, which has an aggregate gross floor area of ten thousand (10,000) square feet or more, arranged, intended or designed for such use shall be provided with off-street truck loading zones or docks at least twelve feet (12') wide, fourteen feet (14') high and thirty-five feet (35') long in accordance with the following table: Square Feet of Aggregate Gross Floor Area Required Number of Spaces 0 to 40,000 1 40,001 to 100,000 2 100,001 to 160,000 3 160,001 to 240,000 4 240,001 to 320,000 5 320,001 to 400,000 6 400,001 to 490,000 7 For each 90,000 over 490,000 1 additional (B) Any restaurant arranged, intended or designed for such use shall be provided with off-street truck loading zones or docks at least twelve feet (12') wide, fourteen feet (14') height and thirty-five feet (35') long in accordance with the following table: Square Feet of Aggregate Gross Floor Area Required Number of Berths 150,000 or less 1 150,001 to 400,000 2 400,001 to 660,000 3 660,001 to 970,000 4 970,001 to 1,300,000 5 1,300,001 to 1,630,000 6 1,630,001 to 1,960,000 7 1,960,001 to 2,300,000 8 For [each] 350,000 over 2,300,000 1 additional (Ordinance 98-29, sec. XLIX, adopted 12/1/98; Ordinance 2000-06, sec. XLIX, adopted 3/21/00; 2006 Code, ch. 13, sec. 7.05) Town Council Page 1068 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-165 Sec. 14.02.355 Parking and loading area development standards for nonresidential uses (a) Location of parking facilities. The off-street parking facilities required for the uses mentioned in this ordinance and other similar uses shall be on the same lot or parcel of land as the structure they are intended to serve. (b) Site approval. All off-street parking and loading structures shall be subject to town design standards. (c) Entrances and/or exits. Entrances and/or exits on a public street shall not be located less than one hundred fifty feet (150') from the nearest point of intersection of two (2) street right-of- way lines unless the tract is not of sufficient size to accommodate this restriction. In that instance, the driveway shall be located as far as possible from the intersection. The width of opening on entrances and/or exits shall not be less than twelve feet (12') nor more than forty feet (40') depending on the amount of lot frontage where such opening is to be located. Only one driveway approach shall be permitted on any parcel of property with a frontage on a public street with a lot width of one hundred fifty feet (150') or less. Additional openings for parcels of property having a frontage of one hundred fifty feet (150') or less, may be permitted after proof of necessity and convenience has been established by evidence submitted to the town engineer. Between any two (2) adjacent entrances and/or exits serving the same parking facility, there shall be no less than twenty feet (20'). (d) Relation to residential districts. No loading space shall be located closer than fifty feet (50') to any lot in any residential district, unless wholly within a completely enclosed building or unless enclosed on all sides by a decorative masonry wall not less than eight feet (8') in height. (e) Lighting facilities. Lighting facilities, if provided, shall be so arranged as to be reflected away from residentially zoned or used property. They shall provide illumination within the parking facility not to exceed one footcandle at ground level, and shall distribute not more than two-tenths (0.2) of one footcandle of light upon any adjacent residentially zoned district. (f) Use. The parking area shall be used for passenger vehicles only, and in no case shall be used for sales, repair work, storage, dismantling or servicing of any vehicles, equipment, materials or supplies. (g) Location of off-street loading facilities. The off-street loading facilities required for the uses mentioned in this ordinance and other similar uses, shall be on the same lot or parcel of land as the structure they are intended to serve. (h) Vehicle stopping device. All parking, loading spaces, and vehicle sales areas on private property shall have a vehicle stopping device installed so as to prevent parking of motor vehicles in any required landscaped areas, [and] to prevent any parked vehicle from overhanging a public right-of-way line or public sidewalk. An over-wide sidewalk on private property may be permitted so as to allow encroachment of vehicle overhang while maintaining an unobstructed three-foot minimum sidewalk width. This requirement shall apply only where spaces are adjacent to the walks, right-of-way, and landscaping. Parking shall not be permitted to overhang public right-of-way in any case. Town Council Page 1069 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-166 (i) Driving lane widths. Driving lane widths in all private parking lots shall conform to the following standards: 0 degrees - 34 degrees 18 feet minimum 35 degrees - 90 degrees 24 feet minimum All centerline turning radii 30 feet minimum (j) Front yard parking in nonresidential districts. In nonresidential districts, surface parking may extend to the front property line, except for required screening and landscaping as set forth in the various sections of this ordinance. (k) Fractional spaces. In determining the required number of parking spaces, fractional spaces shall be counted to the next whole space. (l) Parking structures. Floor area of structures devoted to off-street parking of vehicles shall be excluded in computing the floor area for off-street parking requirements. (m) Use of private drives. Kindergartens, day schools, and similar child training and care establishments shall provide loading and unloading space on a private drive and off-street to accommodate one motor vehicle for each ten (10) students or children cared for by the establishment. (Ordinance 98-29, sec. L, adopted 12/1/98; Ordinance 2000-06, sec. L, adopted 3/21/00; 2006 Code, ch. 13, sec. 7.06) Secs. 14.02.356–14.02.400 Reserved Division 8. Administration and Enforcement Sec. 14.02.401 Administration and enforcement (a) Authorization. The town planning and zoning administrator shall be authorized to carry out the duties of the office of planning and zoning administrator under this ordinance and expend funds as shall be approved from time to time by the town council. (b) Duties of the planning and zoning administrator. In furtherance of this authority and in addition to the duties designated to him under this ordinance and other ordinances of the town, the planning and zoning administrator or his duly designated and authorized representative shall: (1) Receive applications for building permits for the construction, erection, alteration, enlargement, and removal of buildings, structures and signs; receive applications for permits for the use of any premises for a parking lot, open sales lot, or other purposes where a building permit is not required; notify applicants of all town ordinances pertaining to said applications; issue permits applied for as soon as practicable where the plans are found to comply with the provisions of this ordinance and all other town laws and ordinances applicable thereto; make and maintain records thereon; and in connection with such duties interpret the provisions of this ordinance. (2) Receive applications for certificates of occupancy and compliance for buildings, structures and signs for which building permits have been issued, and which have been constructed, erected, altered, enlarged or moved in accordance with such Town Council Page 1070 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-167 permits and are ready for use and occupancy; receive applications for certificates of use and occupancy for any premises developed or improved as a parking lot, open sales lot or other purposes where a building permit is not required; notify applicants of town ordinances pertaining to said applications; issue certificates of occupancy and compliance applied for as soon as possible after verification of each written application; and in connection with such duties interpret the provisions of this ordinance. (3) Receive applications for conditional use permits pursuant to section 14.02.301 of this article. (4) Receive petitions for amendments to the text of the zoning ordinance and for the rezoning of property that is subject to this ordinance. (5) Provide such clerical and technical assistance to the town council, planning and zoning commission, and zoning board of adjustment as they may require in the performance of their duties under this ordinance. (6) Conduct inspections of buildings, structures, and uses of any premises to determine compliance with the terms of this ordinance and issue certificates of inspection where compliance with the ordinance has been verified. (7) Conduct inspections of buildings, structures, signs and uses of any premises to determine compliance with the terms of any application, permit or certificates issued by his office. (8) Maintain permanent and current records of official actions on all building permits, certificates of inspection, conditional uses, variances, vested rights determinations, appeals and applications therefor and all functions of the office of planning and zoning administrator related to the administration of this ordinance. (9) Prepare and have available in book, pamphlet or map form, on or before March 1 of each year: (A) The compiled text of the zoning ordinance and amendments thereto, including all amendments adopted through the preceding December 31; and (B) A zoning map or maps, showing the zoning districts, divisions and classifications in effect on the preceding December 31. (10) Maintain for distribution to the public a supply of copies of the zoning map or maps, the compiled text of the zoning ordinance, and the rules of the zoning board of adjustment and the planning and zoning commission. A reasonable fee for each copy shall be charged to defray the cost of printing. (c) Inspection and right of entry. The planning and zoning administrator, or his duly authorized representatives, including, but not limited to, the town building official, are hereby authorized to make inspections of all buildings, structures and premises located within the town to determine their compliance with the provisions of this ordinance. For the purpose of making such inspection, the planning and zoning administrator, and his authorized representatives, are hereby authorized to examine and survey all buildings, structures and premises within the town. Such Town Council Page 1071 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-168 inspections shall be made between the hours of eight o’clock (8:00) a.m. and eight o’clock (8:00) p.m. on any days except Sunday, subject to the following standards and conditions: (1) Such inspections may take place if a complaint respecting said premises has been received by the planning and zoning administrator and such complaint, in his opinion, provides reasonable grounds for belief that a violation exists, or such inspection is undertaken as part of a regular inspection program whereby certain areas of the town are being inspected in their entirety. (2) Such inspection shall be made by the planning and zoning administrator or by any duly authorized representative upon his direction. (3) Any person making such inspection shall furnish to the owner or occupant of the structure sought to be inspected sufficient identification and information to enable the owner or occupant to determine that he is a representative of the town and to determine the purpose of said inspection. The planning and zoning administrator, or his duly authorized representative, may apply to any court of competent jurisdiction for a search warrant or other legal process for the purpose of securing entry to any premises if the owner shall refuse to grant entry. (d) Notice of violation. (1) Whenever the planning and zoning administrator, or one of his authorized representatives, determines that there are reasonable grounds to believe that a violation of any provision of this ordinance exists on any parcel of land within the town, he shall give notice of such alleged violation to the owner or agent or occupant of said parcel as hereinafter provided. Such notice shall: (A) Be in writing and include a statement of any alleged violations. (B) Allow a reasonable time for the correction of any violation or the performance of any other required act. (C) Be served upon the owner or his agent or the occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof (i) is served upon him personally, or (ii) is sent by certified mail to his last known address; or (iii) is posted in a conspicuous place in or about the building, structure or premises affected by the action. (2) When an inspection of a building, structure or premises indicates that no violations of this ordinance exist, and that no violations of any other ordinance administered by the planning and zoning administrator exist, he shall cause to be issued to the owner of said property a certificate of inspection attesting to the fact. (Ordinance 98-29, sec. LI, adopted 12/1/98; Ordinance 2000-06, sec. LI, adopted 3/21/00; 2006 Code, ch. 13, sec. 8.01) Town Council Page 1072 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-169 Sec. 14.02.402 Certificates of occupancy and compliance (a) Issuance of certificate of occupancy. No existing building and no building hereafter erected or structurally altered shall be occupied, used, changed in use or changed in occupancy, until a certificate of occupancy and compliance shall have been issued by the planning and zoning administrator stating that the building and proposed use of the building or land complies with all of the health laws, building code ordinances, ordinances relating to electrical and plumbing installations, [and] with the provisions of this ordinance and all other applicable town ordinances. Certificates of occupancy and compliance shall be applied (for) to coincide with the application after the erection or structural alteration of such building shall have been completed in conformity with the provisions of this ordinance and the laws and ordinances above mentioned. A record of all certificates shall be kept on file in the office of the planning and zoning administrator and copies shall be furnished on request to persons having a proprietary or tenancy interest in the building or land affected. (b) Preexisting structures. The use of a building already erected at the time of passage of this ordinance shall not be changed from one class of use to another or changed by a change in the party or parties occupying the building, unless and until a certificate of occupancy and compliance under the provisions of this ordinance shall have been obtained from the planning and zoning administrator. (c) Connection of utilities. It shall be unlawful for any public utility, including the town, or any person within their employment to connect any water, gas or electrical service to any building or property unless a certificate of occupancy and compliance has been issued by the planning and zoning administrator of the town. (Ordinance 98-29, sec. LII, adopted 12/1/98; Ordinance 2000-06, sec. LII, adopted 3/21/00; 2006 Code, ch. 13, sec. 8.02) Sec. 14.02.403 Amendments (a) Application for zoning changes. (1) Any person, firm or corporation requesting change in zoning of any property from one district classification to another district classification under this ordinance shall make an application in writing to the town planning and zoning commission requesting change in zoning, which application shall contain the following information: (A) Legal description of the land on which a zoning change is requested, together with the local street address. (B) Name and address of the owner of the property. (C) Name and address of the person making the application, if made by anyone other than the owner, together with a statement that the person making the application is authorized to act for the owner in making the application. (D) District use under which the property is regulated at the time of making application and the district use requested by the applicant. Town Council Page 1073 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-170 (E) Any other information concerning the property as may be reasonably requested by the planning and zoning commission. (2) Upon the filing of an application for a change in zoning with the planning and zoning commission, the applicant shall pay to the town a fee as defined in the adopted schedule of fees of the town, no part of which shall be returnable, regardless of the action taken on the request. (3) A waiting period of one year is hereby established between the date an application for amendment to the zoning ordinance or a requested change in zoning is denied by the town council and a new application for such a change or amendment is accepted. The one-year waiting period shall be applicable to all requested amendments and changes for the same zoning district, or districts and/or principal use(s), on all or any portion of the property previously considered for amendment or change in zoning; provided, however, said one-year waiting period shall be not applicable to any proposed amendment or change instituted by the town council or planning and zoning commission, or any proposed amendment or change denied without prejudice by the town council. (4) The town shall have at least one sign erected on any property upon which a zoning change requested has been filed. Such sign or signs shall, if possible, be located adjacent to a public thoroughfare in a visible location. Such sign shall be removed immediately after final action by the town council or when the applicant withdraws the request, whichever comes first. The sign shall contain a notice of the rezoning, and the agency and telephone number from which information relative to the rezoning request may be obtained. Accompanying every petition for amendment of this ordinance shall be a required statement signed by the applicant authorizing the placement of such or signs by the town. The erection or continued maintenance of the sign or signs shall not be deemed a condition precedent to the granting of any zoning change or the holding of any public hearing. (b) Changes and amendments. (1) Any person, corporation or group of persons having a proprietary interest in any property, upon proof of such interest, may petition the town council for a change or amendment to the provisions of the zoning ordinance or the zoning map, or the town planning and zoning commission may, on its own motion, institute proposals for change and amendment to the ordinance or the map in the public interest. All petitions for the amendment of this ordinance shall bear the signature of the owners of all property within the area of request. (2) The town council may from time to time amend, supplement, or change by ordinance the boundaries of the district or regulations herein. Before taking action on any proposed amendment, supplement, or change, the town council shall submit the same to the town planning and zoning commission for its recommendation and report. (3) If such proposed amendment, supplement or change has been denied by the town planning and zoning commission, or if a protest against such proposed amendment, supplement or change has been filed with the town secretary, duly signed and acknowledged by the owners of twenty percent (20%) or more, either of the area of the lots included in such proposed change or those immediately adjacent to and Town Council Page 1074 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-171 extending two hundred feet (200') therefrom, such amendment shall not become effective except by a three-fourths (3/4) vote of the members of the town council. (Ordinance 98-29, sec. LIII, adopted 12/1/98; Ordinance 2000-06, sec. LIII, adopted 3/21/00; 2006 Code, ch. 13, sec. 8.03) Sec. 14.02.404 Planning and zoning commission (a) Composition. The planning and zoning commission shall be composed of seven (7) members to be appointed by the town council. (b) Terms of office. Members of the commission shall be appointed by the town council for a two-year term but serve at the pleasure of subject to reappointment by the town council. The planning and zoning commissioners shall serve offsetting terms. Three commissioners shall be appointed to serve one (1) year terms for the first year of the planning and zoning commission; and four commissioners shall be appointed to serve two (2) year terms for the first year of the planning and zoning commission. All successive terms shall be served on the basis of two (2) year terms for all commissioners. In the event that a vacancy occurs on the planning and zoning commission, the town council will appoint a new member to complete the unexpired term. A member of the commission ceasing to reside in the town, or elected to public office during his or her term of office shall immediately forfeit his or her office. (c) Quorum. Any four (4) members shall constitute a quorum for the transaction of business. The affirmative vote of a majority of those attending any meeting at which there is a quorum present shall be necessary to pass any motion, recommendation or resolution of the planning and zoning commission. (d) General duties. The planning and zoning commission shall, from time to time, either at its discretion or as requested by the town council, submit its reports, plans and recommendations for the orderly growth, development and welfare of the town in accordance with chapter 283, Acts of the Regular Session of the Legislature, 1927, being articles [sections] 211.001 to 211.013 of the Texas Local Government Code. Such commission shall also perform other duties as may be prescribed by ordinance or state law, or as follows: (1) To recommend the boundaries of the various districts and appropriate regulations to be enforced therein under this ordinance, the ordinances of the town, or the laws of the State of Texas; and (2) To recommend approval or denial of zoning changes and regulations under this ordinance, the ordinances of the town or the laws of the State of Texas; and (3) To hear, recommend, or determine any matter relating to zoning, planning or subdivision control as may be specified or required under this ordinance, the ordinances of the town, or the laws of the State of Texas; and (4) To exercise such duties and powers as may be now or hereafter conferred by this ordinance, the ordinances of the town, or applicable laws of the State of Texas; and Town Council Page 1075 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-172 (5) To recommend to the town council amendments to the town’s zoning ordinances which it deems necessary to clarify the classification of any use, new or otherwise not listed or identified within this ordinance, for the purpose of establishing the appropriate zoning district into which such use should be placed; and (6) To interpret the intent of the official zoning map where uncertainty exists because the physical features on the ground vary from those on the official zoning map and none of the rules set forth in this ordinance apply; and (7) Upon request by the planning and zoning administrator, to recommend to the town council amendments to the town’s zoning ordinances which it deems necessary to clarify the intent or meaning of any provision of this ordinance where uncertainty exists regarding the interpretation of such provision. (e) Citizen of Trophy Club. Each member of the planning and zoning commission shall be a resident citizen of the town at the time of his or her appointment. (f) Removal. Any member of the planning and zoning commission may be removed from office for any cause deemed by the town council to be sufficient for removal of said member. If a vacancy should exist in the planning and zoning commission membership due to removal from office, resignation, death, refusal or inability to serve, the town council shall appoint a new member to fill the vacancy. (g) Attendance. Three consecutive absences that are not excused by the commission, or the absence of a regular member from more than twenty-five percent of the posted meetings in any six (6) month period, shall cause the planning and zoning commission to review the attendance record of the member and make a recommendation to the council on the appointment. (h) Officers. The town council shall appoint a chairman and vice-chairman of the planning and zoning commission to serve at the pleasure of the town council. The chairman shall preside over all meetings of the commission. The vice-chairman shall perform the duties of the chairman in his or her absence or inability to act. (i) Meetings. (1) All meetings of the planning and zoning commission shall be open to the public. The commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the planning administrator and shall be a public record The planning administrator of the town shall be the custodian and possessor of the records and minutes of the planning and zoning commission. (2) Meetings of the planning and zoning commission may be held as often as necessary to conduct the business coming before the commission and shall be held at the call of the chairman and at such other times as the commission may determine. (Ordinance 98-29, sec. LIV, adopted 12/1/98; Ordinance 2000-06, sec. LIV, adopted 3/21/00; 2006 Code, ch. 13, sec. 8.04) Charter reference–Planning and zoning commission, section 8.03 et seq. Town Council Page 1076 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-173 Sec. 14.02.405 Zoning board of adjustment (a) Creating zoning board of adjustment. There is hereby created a zoning board of adjustment which shall consist of five (5) regular members, each to be appointed by a majority of the town council for a term of two (2) years. (b) Membership. In addition to the five (5) regular members of the zoning board of adjustment, four (4) alternate members of the zoning board of adjustment, who shall serve in the absence of one or more regular members when requested to do so by the mayor, shall be appointed by a majority of the town council, so that all cases heard by the zoning board of adjustment will always be heard by a minimum of four (4) members. (c) Term of membership. Regular members and alternate members of the zoning board of adjustment shall serve a term of two (2) years and until their successors are appointed and qualified. Regular and alternate members of the zoning board of adjustment may be removed from office for cause by the town council upon written charges and after a public hearing. (d) Officers. The zoning board of adjustment shall select from among its regular members, a chairman, an acting chairman to act in the absence of the chairman, and a secretary. (e) Rules governing zoning board of adjustment. The zoning board of adjustment may adopt rules to govern its proceedings and conduct of the business before the board. Any rule or rules shall be adopted by a resolution by the board, entered upon the minutes of the board and a copy thereof shall be filed with the town secretary. (f) Meetings. Meetings of this board shall be held at the call of the chairman, and at such other times as the board may determine. Such chairman or, in his absence, the acting chairman, shall administer oaths and compel attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon such question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the board and shall be a public record. All matters before the board of adjustment on matters of appeal, variance, special exception, or other matter as specified by ordinance, shall be held as a public hearing in accordance with the provisions of section 14.02.406, Public Hearings. (g) Appeals to zoning board of adjustment. Appeals to the zoning board of adjustment may be taken by any person aggrieved, or by any officer, department, board, bureau or agency of the town affected by any decision of the building inspector or other administrative officer of the town relative to the zoning ordinance. Such appeal shall be taken within fifteen (15) days after the date of the decision of the building inspector or other administrative officer has been rendered, by filing with the officer from whom the appeal is taken and with the zoning board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record from which the appeal was taken. (1) A filing fee in the amount established by the fee schedule to help pay a part of the cost of legal publication, accumulating engineering data, and other administrative costs shall accompany each notice of appeal filed with the zoning board of adjustment. Town Council Page 1077 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-174 (2) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the zoning board of adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the zoning board of adjustment or a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown. (3) The zoning board of adjustment shall fix a reasonable time for the hearing of an appeal, give notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon hearing, any party may appear in person, by agent or by attorney. (h) Authority of zoning board of adjustment. The zoning board of adjustment shall have the following powers: (1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official of the town in the enforcement of this ordinance. (2) To hear and decide special exceptions to the terms of this ordinance upon which the board is required to pass under this ordinance, if any. (3) To authorize upon appeal in special cases, such variances from the terms of this ordinance as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provision of this ordinance will result in unnecessary hardship, so that the spirit of this ordinance shall be observed and substantial justice done. (4) To permit in any district such modification of the requirements of the district regulations as the board may deem necessary to secure an appropriate development of a lot where adjoining such lot on two (2) or more sides there are lots occupied by buildings which do not conform to the regulations of the district. (i) Exercising of powers. In exercising its powers, the zoning board of adjustment may, in conformity with the provisions of this ordinance and the provisions of chapter 211 of the Texas Local Government Code, as amended, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as should be made, and to that end shall have all the powers of the officer from whom the appeal is taken. (1) The concurring vote of four (4) members of the board shall be necessary to revise any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under the ordinance, or to effect any variation to this ordinance. (2) Any person or persons, jointly or severally, aggrieved by any decision of the zoning board of adjustment, or any taxpayer, or any officer, department, board or bureau of the town may present to a court of record a petition, duly verified, setting forth that Town Council Page 1078 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-175 such decision is illegal, in whole or part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the zoning board of adjustment. (j) Waiting period. No appeal to the zoning board of adjustment shall be allowed on the same piece of property or on the same or similar question prior to the expiration of one year from the date of a ruling of the zoning board of adjustment on any appeal to such body unless other property in the same zoning area shall have, within such one-year period, been altered or changed by a ruling of the zoning board of adjustment, in which each such change of circumstances shall permit the allowance of an appeal. (Ordinance 98-29, sec. LV, adopted 12/1/98; Ordinance 2000-06, sec. LV, adopted 3/21/00; 2006 Code, ch. 13, sec. 8.05; Ordinance adopting Code) Charter reference–Zoning board of adjustment, section 8.05. Sec. 14.02.406 Public hearings (a) Requirements for public hearing. The town planning and zoning commission shall hold a public hearing on any amendment, supplement, or change in zoning classification prior to making its recommendation and report to the town council. Written notice of all public hearings before the town planning and zoning commission, on a proposed amendment, supplement or change shall be sent to all owners of real property lying within two hundred feet (200') of the property on which the change is requested. Such notice shall be given not less than ten (10) days before the date set for hearing, by depositing a notice properly addressed and postage paid in the United States post office to such property owners as the ownership appears on the last approved town tax roll. (b) Notice of public hearing. A public hearing shall be held by the town council before adopting any proposed amendment, supplement, or change in zoning classification. At least fifteen (15) days’ notice of the time and place of such hearing shall be published in the official newspaper of the town. Such hearing may be held jointly with the hearing before the town planning and zoning commission required pursuant to subsection (a) of this section. (c) Zoning changes that do not affect specific property. These changes are usually associated with textual changes. When any proposed amendment, supplement, or change of zoning map or text of this zoning ordinance does not affect the land use character or zoning classification of specific property, notice of public hearing of the planning and zoning commission shall be given by publication in a newspaper of general circulation in the town without the necessity of notifying property owners by mail. Such notice shall state the time and place of such hearing and the nature of the subject to be considered. Such notice shall be published not less than fifteen (15) days prior to the public hearing. (Ordinance 98-29, sec. LVI, adopted 12/1/98; Ordinance 2000-06, sec. LVI, adopted 3/21/00; 2006 Code, ch. 13, sec. 8.06) Sec. 14.02.407 Exceptions and exemptions not required to be negated In any complaint and in any action or proceeding brought for the enforcement of any provision of this ordinance, it shall not be necessary to negate any exception, excuse, provision or exception contained in this ordinance, and the burden of proof of any such exception, excuse, provision or Town Council Page 1079 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-176 exemption shall be upon the defendant. (Ordinance 98-29, sec. LVII, adopted 12/1/98; Ordinance 2000-06, sec. LVII, adopted 3/21/00; 2006 Code, ch. 13, sec. 8.07) Sec. 14.02.408 Penalty Any person, firm or corporation violating any of the provisions of this ordinance shall be punished by a penalty of fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense and each and every day such offense shall continue shall be deemed to constitute a separate offense. (Ordinance 2000-06, sec. V, adopted 3/21/00; 2006 Code, ch. 13, sec. 8.08) Secs. 14.02.409–14.02.450 Reserved Division 9. Illustrations Sec. 14.02.451 First floor designation and measurement of height of structure (Ordinance 98-29, app. A, adopted 12/1/98; Ordinance 2000-06, app. A, adopted 3/21/00; 2006 Code, ch. 13, sec. 9.01) Town Council Page 1080 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-177 Sec. 14.02.452 Height measurement for primary structure and accessory building (Ordinance 98-29, app. A, adopted 12/1/98; Ordinance 2000-06, app. A, adopted 3/21/00; 2006 Code, ch. 13, sec. 9.02) Sec. 14.02.453 Determining setback distance along curved property lines (Ordinance 98-29, app. A, adopted 12/1/98; Ordinance 2000-06, app. A, adopted 3/21/00; 2006 Code, ch. 13, sec. 9.03) Town Council Page 1081 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-178 Sec. 14.02.454 Method of measuring front yard (Ordinance 98-29, app. A, adopted 12/1/98; Ordinance 2000-06, app. A, adopted 3/21/00; 2006 Code, ch. 13, sec. 9.04) Sec. 14.02.455 Front yard where zoning changes in a block (Ordinance 98-29, app. A, adopted 12/1/98; Ordinance 2000-06, app. A, adopted 3/21/00; 2006 Code, ch. 13, sec. 9.05) Town Council Page 1082 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-179 Sec. 14.02.456 Lot width (Ordinance 98-29, app. A, adopted 12/1/98; Ordinance 2000-06, app. A, adopted 3/21/00; 2006 Code, ch. 13, sec. 9.06) Sec. 14.02.457 Lot depth (Ordinance 98-29, app. A, adopted 12/1/98; Ordinance 2000-06, app. A, adopted 3/21/00; 2006 Code, ch. 13, sec. 9.07) Town Council Page 1083 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-180 Sec. 14.02.458 Yards (Ordinance 98-29, app. A, adopted 12/1/98; Ordinance 2000-06, app. A, adopted 3/21/00; 2006 Code, ch. 13, sec. 9.08) Sec. 14.02.459 Obstruction zones (Ordinance 98-29, app. A, adopted 12/1/98; Ordinance 2000-06, app. A, adopted 3/21/00; 2006 Code, ch. 13, sec. 9.09) Town Council Page 1084 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-181 Sec. 14.02.460 Sight distance zone (plan view) (Ordinance 98-29, app. A, adopted 12/1/98; Ordinance 2000-06, app. A, adopted 3/21/00; 2006 Code, ch. 13, sec. 9.10) ARTICLE 14.03 OIL AND GAS WELLS* Division 1. Generally Sec. 14.03.001 Penalty It shall be unlawful for any person to violate any provision of this article, and any person violating or failing to comply with any provision of this article 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. (Ordinance 2003-12, sec. III, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.03) Sec. 14.03.002 Development site plan requirements Any person who proposes extraction of oil or gas on a tract of land located within the corporate limits of the town shall prepare an oil or gas well development site plan. In addition to the * State law references–Oil and gas, V.T.C.A., Natural Resources Code, chs. 52, 81 et seq.; lease of municipal oil, gas or mineral land, V.T.C.A., Local Government Code, sec. 253.005; municipal regulation of exploration and development of mineral interests, V.T.C.A., Natural Resources Code, sec. 92.007. Town Council Page 1085 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-182 requirements outlined in the oil and gas well development site plan checklist, the following shall apply: (1) All proposed oil or gas developments shall be in compliance with the specific use permit applicable to the oil or gas well location. (2) Erosion control is required and shall comply with all local, state and federal requirements. The operator shall file a copy of the stormwater pollution plan if required by the EPA. (3) Reserve pits shall be lined to prevent water pollution. (4) With the exception of vehicular access, no development is allowed in a floodplain. (5) Prior to approval of an oil or gas well development site plan, a road repair agreement that will obligate the operator to repair damage to public streets, including but not limited to bridges, caused by the operator (or by the operator’s employees, agents, contractors or representatives) in the performance of any activity authorized by or contemplated by the approved oil or gas well permit must be executed with the town. The town manager shall have the authority to execute the road repair agreement upon approval by the town council. (6) A video documenting the existing conditions will be required prior to approval of the road repair agreement. (7) An oil and gas well development site plan shall: (A) Identify truck routes and access points. (B) Identify environmentally sensitive areas (ESAs), including floodplains and any proposed floodplain, creek and stream crossings. (i) All floodplain, creek and stream crossings, if not at grade, shall be designed to a 10-year storm frequency. (ii) All floodplain crossings shall have no negative affects on surrounding property. (iii) A drainage study sufficient to substantiate the above requirements will be required as part of the submittal if crossings are proposed. (C) Identify and indicate the proposed method of erosion control. (8) The drilling rig and associated drilling equipment shall be removed from the well site within thirty (30) days of the completion of the well or drilling activities. (Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.02) Secs. 14.03.003–14.03.030 Reserved Town Council Page 1086 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-183 Division 2. Drilling and Production Standards Sec. 14.03.031 Applicability The drilling and production of an oil or gas well by right or by a specific use permit required by this article shall include the following standards. (Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)) Sec. 14.03.032 General standards (a) Site plan. Drilling or production of a well shall not begin until an oil or gas well development site plan is on file and is in compliance with the provisions outlined in this article and section 14.02.262 of the Code of Ordinances, following approval by the town council upon recommendation from the planning and zoning commission. (b) Supporting facilities. The development site plan shall provide for adequate sanitation facilities, access roads, drainage, erosion control and other necessary supporting facilities identified on the well development site plan. (c) Driveways and parking spaces. The design, location, and arrangement of all driveways and parking spaces shall provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments. (d) Road repair agreement. A road repair agreement shall be filed with the community development department of the town. (Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)(1)) Sec. 14.03.033 On-site requirements (a) A secured entrance gate and a sign shall be required. The sign identifying the entrance to the drill site or operation site shall be reflective. (b) Temporary six-foot (6') chain-link or approved alternative fences shall be required to surround drill sites during initial drilling and completion, and shall be locked when no operations personnel are present. (c) A removable masonry product wall surrounding producing sites shall be of sufficient height to shield the permanent enclosed equipment from view or seven and one-half feet (7.5') in height at the top of the wall, whichever is greater, and a wrought iron gate that is a minimum twenty- four feet (24') wide clear opening, and the gate shall remain locked at all times when no one is present. Fencing facing the thoroughfare will be permanent masonry. (d) No refining process, or any process for the extraction of products from gas, shall be carried on at a drill site or operation site, except that a dehydrator and separator may be maintained on a drill site or operation site for the separation of liquids from gas. Any such dehydrator or separator may serve more than one well. Gas compressor facilities shall require a specific use permit. All production equipment on an operation site shall be painted and maintained at all times, including pumping units, storage tanks, buildings, and structures. Town Council Page 1087 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-184 (e) Permanent weatherproof signs reading “DANGER NO SMOKING ALLOWED” in a minimum of four-inch (4") lettering shall be posted at the entrance of each drill site and operation site. The sign shall include the phone number for emergency services (9-1-1), the name and phone number for the operator, and the well designation required by the railroad commission in two-inch (2") lettering. (f) No person shall place, deposit, or discharge or cause or permit to be placed, deposited, or discharged any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, or any refuse, including wastewater or brine, from any oil or gas operation or the contents of any container used in connection with any oil or gas operation in, into, or upon any public right-of-way, storm drain, ditch or sewer, sanitary drain or sewer, any body of water, or any private property within the corporate limits of the town. (g) All electric lines to production facilities shall be located underground in a manner compatible to those required to be installed in the surrounding areas or subdivision and shall comply with the town building code. (h) All fire suppression and prevention equipment required by any applicable federal, state, or local law shall be provided by the operator, at the operator’s cost, and maintenance and upkeep of such equipment shall be the responsibility of the operator. (i) No operator shall excavate or construct any lines for the conveyance of fuel, water, gas or petroleum liquids on, under, or through the streets or alleys or other land of the town without an easement or right-of-way license from the town, at a price to be agreed upon, and then only in strict compliance with this article, with other codes of the town, and with the specifications established by the town. (j) The digging up, breaking, excavating, tunneling, undermining, breaking up, or damaging of any public street or leaving upon any public street any earth or other material or obstruction is prohibited unless the operator has first obtained written permission from the community development department, and then only in compliance with specifications established by the department. (k) No oil or gas well permit shall be issued for any well to be drilled within any of the streets or alleys of the town and/or streets or alleys shown by the comprehensive land use plan, and no street shall be blocked or encumbered or closed due to any exploration, drilling, or production activities unless prior consent is obtained from the community development manager, and then only temporarily. (Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)(2); Ordinance 2007- 32, sec. II, (6.01(A)(2)(c)), adopted 11/19/07) Sec. 14.03.034 Operations and equipment practices and standards (a) Adequate nuisance prevention measures shall be taken to prevent or control offensive odor, fumes, dust, noise and vibration. (b) No person shall permit any lights located on any drill or operation site to be directed in such a manner so that they shine directly on public roads, adjacent property or property in the general vicinity of the operation site. To the extent practicable and taking into account safety Town Council Page 1088 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-185 considerations, site lighting shall be directed downward and internally so as to avoid glare on public roads and adjacent dwellings and buildings within three hundred feet (300'). (c) The operator shall at all times comply with the rules and regulations of the railroad commission, including but not limited to all applicable field rules. (d) Internal combustion engines may be used in drilling and producing operations if they have mufflers that will reduce noise to not more than seventy (70) decibels at any point three hundred feet (300') from the boundary of the drill site or operation site. The noise level during fracing operations shall reduce the noise to not more than eighty (80) decibels at any point three hundred feet (300') from the boundary of the drill site or operation site. If noise levels at a distance of three hundred feet (300') exceed eighty (80) decibels, a sound reduction enclosure shall be required around a drilling rig and any internal combustion engines. Only electric motors shall be used for the purpose of pumping oil wells. Electric motors shall be used for compressors located at gas well specific use sites. (e) There shall be no venting of gas into the open air in residential areas except as allowed by the railroad commission and as approved by the fire marshal. In parallel to gas gathering pipelines, a flow-back line shall be installed to handle water and gas flow-back following well fracture treatment. (f) Vehicles, equipment, and machinery shall not be placed or located on a drill site or operation site or on any public street, alley, driveway, or other public right-of-way in such a way as to constitute a fire hazard or to unreasonably obstruct or interfere with fighting or controlling fires. (g) Well servicing operations shall be scheduled to occur between the hours of 7 a.m. to 6 p.m., in accordance with the town’s Code of Ordinances. (h) Air, gas, or pneumatic drilling shall not be permitted. (i) For vehicular safety reasons, it shall be the applicant’s responsibility to immediately notify the town of any substantial accumulations of dirt, dust, mud or other debris deposited on town thoroughfares by vehicles involved in the well drilling or servicing or pipeline installation process. If town personnel or other third parties are used for the removal, the cost of such removal shall be paid by the applicant. (Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)(3)) Sec. 14.03.035 Storage tanks and separators (a) An operator is allowed to construct, use, and operate such storage equipment and separation equipment as shown on the application for the oil and gas development site plan approved by the planning and zoning commission and the town council. (b) The use of centralized tank batteries is permitted as shown on the applicable development site plan. Town Council Page 1089 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-186 (c) No meters, storage tanks, separation facilities, or other above-ground facilities shall be placed in the one hundred (100) year floodplain. (Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)(4)) Sec. 14.03.036 Flow lines and gathering lines (a) Each operator shall place an identifying sign at each point where a flow line or gathering line crosses a public street or road. (b) Each operator shall place a warning sign for lines carrying H2S (hydrogen sulfide) gas as required by the railroad commission. If a gas field in the town is identified as a H2S gas field, the operator shall be required to cease operations. (c) All flow lines and gathering lines within the corporate limits of the town (excluding town utility lines and franchised distribution systems) that are used to transport oil, gas, and/or water shall be limited to the maximum allowable operating pressure applicable to the pipes installed and shall be installed with at least the minimum cover or backfill specified by the American National Safety Institute Code, as amended. (d) Easements must be acquired for all flow lines, gathering lines and flow-back lines. The location of easements shall be shown in a map approved by the planning and zoning commission and the town council prior to the installation of any pipelines. (e) Structures shall not be built over flow lines or gas gathering pipelines. (f) The location of all pipelines must be marked with warning signs in accordance with industry standards. Within the town, the distance between such signs shall not exceed five hundred feet (500'). In addition, during backfill of pipeline excavations, “buried pipeline” warning tape shall be buried one foot (1') above the pipeline to warn future excavators of the presence of buried pipeline. (Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)(5)) Sec. 14.03.037 Additional safety and environmental requirements (a) The drilling and production of oil and gas and accessing the oil or gas well site shall be in compliance with all state and federal environmental regulations and shall not occur within environmentally sensitive areas designated by the Corps of Engineers. (b) Oil and gas wells may have a target location or bottom-hole location that is under an environmentally sensitive area when the oil or gas well is drilled directionally from a location outside the environmentally sensitive area. (c) Each producing well shall be equipped with an automated valve that closes the well in the event of an abnormal change in operating pressure. All wellheads shall contain an emergency shut-off valve to the well distribution line. (d) Each storage tank shall be equipped with a level control device that will automatically activate a valve to close the well in the event of excess liquid accumulation in the tank. Town Council Page 1090 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Chapter 14: Zoning 14-187 (e) Storage tank facilities shall be equipped with a secondary containment system, including lining with an impervious material. The secondary containment system shall be of a sufficient height to contain one and one-half (1-1/2) times the contents of the largest tank in accordance with the fire code, and the impervious liner shall be covered with at least one foot (1') of sand. Drip pots shall be provided at pump-out connections to contain the liquids from the storage tank. (f) Tank battery facilities shall be equipped with a remote foam line utilizing a 2.5" National Standard hose thread female inlet connection in locations approved by the fire department. A lightning arrestor system shall be installed according to the most current edition of the National Electrical Code. (g) An approved hazardous materials management plan shall be on file with the fire department. The costs of cleanup operations due to hazards associated with a well site shall be the responsibility of the applicant. (h) All wells shall be abandoned in accordance with the rules of the railroad commission; however, all well casings shall be cut and removed to a depth of at least ten feet (10') below the surface. (i) No structures shall be built over an abandoned well. (j) No salt-water disposal wells shall be located within the town. (k) An impervious lining of all pits shall be required. (l) Following completion of drilling operations or when a drill site is abandoned, the operator shall restore the site within sixty (60) days as near as practical to its pre-drilling condition. (Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)(6)) Sec. 14.03.038 Supplemental drilling (a) Supplemental drilling to deepen or directional drill an existing well shall be conducted in accordance with the conditions for the applicable specific use permit or underlying zoning classification that permits oil and gas development by right. The operator shall provide the planning and zoning coordinator a copy of additional railroad commission permits that allow drilling to a deeper depth. (b) Supplemental drilling to deepen or directional drill an existing well shall be conducted in accordance with the approved oil and gas well permit for the well on file with the town. (Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)(7)) Sec. 14.03.039 Compliance with other laws Drilling and production of oil and gas wells shall comply with all local, state and federal laws applicable to oil and gas well drilling, production and operations. (Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)(8)) Town Council Page 1091 of 1236 Meeting Date: February 9, 2016 Town Council Page 1092 of 1236 Meeting Date: February 9, 2016 Appendix A-1 APPENDIX A FEE SCHEDULE ARTICLE A1.000 GENERAL PROVISIONS...........................................................................A-7 Sec. A1.001 Applicability; conflicts; waivers...........................................................A-7 Sec. A1.002 Building definitions..............................................................................A-8 Sec. A1.003 Community development department................................................A-10 Sec. A1.004 Planning and zoning department........................................................A-16 Sec. A1.005 Zoning board of adjustment................................................................A-20 Sec. A1.006 Animal control....................................................................................A-21 Sec. A1.007 Emergency medical services..............................................................A-22 Sec. A1.008 Fire plan review..................................................................................A-25 Sec. A1.009 Fire division........................................................................................A-26 Sec. A1.010 Municipal court..................................................................................A-27 Sec. A1.011 Police department...............................................................................A-28 Sec. A1.012 Parks and recreation and special events.............................................A-29 Sec. A1.013 Administrative fees.............................................................................A-31 Sec. A1.014 Water and wastewater fees for Public Improvement District No. 1...A-33 Sec. A1.015 Business fees......................................................................................A-35 [Next page is Appendix A-7.] Town Council Page 1093 of 1236 Meeting Date: February 9, 2016 Town Council Page 1094 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-7 ARTICLE A1.000 GENERAL PROVISIONS Sec. A1.001 Applicability; conflicts; waivers (a) Applicability; conflicts. The provisions of this fee schedule shall apply to all fees established herein and shall be levied by the town immediately upon the effective date of this fee schedule. Separately adopted codes may also address applicable fees for other permit requirements and services provided within the town. 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 fee schedule should not be construed to be all-inclusive of required permits or fees within the town. (b) Reduction or waiver of fees. The town council reserves the discretion to either reduce or waive applicable plan review fees for any other governmental entity that seeks such reduction or waiver. The applicant seeking the reduction or waiver shall bear the burden of demonstrating that good cause exists for the council to determine that a reduction or waiver is appropriate. Economic hardship alone is not sufficient to support a finding by the council that good cause exists. (c) Temporary suspension. Based on the widespread and severe damage and loss of property occurring from storms and flooding on or about June 18, 2007, which resulted in the issuance of Disaster Declaration 1709-DR, those fees imposed for building permits under section A1.003 of this fee schedule and specifically identified in this section (hereinafter “select permits”) are temporarily suspended for qualified residents (defined herein) who file an application for a select permit during the temporary suspension period (defined herein). As used in this section, qualified resident shall mean a resident who has registered with FEMA for aid due to the events that resulted in the issuance of Disaster Declaration 1709-DR and for whom a determination of qualification has been made by the town manager. The temporary suspension period shall mean the period commencing upon the effective date of this subsection and continuing in full force and effect for thirty (30) days thereafter. Permit applications for select permit(s) which are filed by qualified residents after the expiration of the temporary suspension period shall be assessed all applicable permit fees. During such temporary suspension period, qualified residents shall be required to file an application and obtain all required permits from the town; however, no permit fee shall be assessed to qualified residents for those select permit(s) which are specifically identified as follows: (1) Section A1.003(i) (electrical permits); (2) Section A1.003(j) (fence permits); (3) Section A1.003(p) (mechanical permits); (4) Section A1.003(t) (retaining wall permit); (5) Section A1.003(u) (re-roofing permit). The town manager is authorized to refund fees for select permit(s) to qualified residents who filed a permit application prior to the effective date of this subsection. (Ordinance 2004-12, secs. II, III, adopted 3/15/04; Ordinance 2005-10, secs. II, III, adopted 5/2/05; 2006 Code, ch. 1, sec. 8.01; Ordinance 2007-20, sec. II, adopted 7/23/07) Town Council Page 1095 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-8 Sec. A1.002 Building definitions When used in this fee schedule, 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 V.T.C.A., Property Code, chapter 82, 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, as amended, and in accordance with such standards as may be promulgated by the state 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 inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities. Town Council Page 1096 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-9 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, and use and upkeep of furniture. (1) High-rise. Any building, as defined above, exceeding five stories. (2) 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. Open-air structures. An accessory structure detached from and incidental to the principal building made of wood or masonry construction. This structure is open on the sides and may or may not provide shading. This includes structures such as, but not necessarily limited to, cabanas, pergolas, arbors, gazebos, pavilions, etc. Medical/24-hour care. Refer to “Hospital.” Multifamily residential. A building or buildings containing or aggregating four or more single- family dwelling units. Repair garage. 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, and 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. Town Council Page 1097 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-10 Tenant improvement. The completion, remodeling or altering of a space within an existing building. (Ordinance 2005-17, sec. II, adopted 7/18/05; Ordinance 2005-20, sec. II, adopted 8/1/05; 2006 Code, ch. 1, sec. 8.02; Ordinance 2008-42, sec. II, adopted 12/15/08) Sec. A1.003 Community development department (a) Animal run permit: $75.00. (b) Apartment complex license: (1) Annual permit (for first location): $120.00. (2) Reinstatement license (for first location): $120.00. (3) Each additional dwelling unit: $25.00. (4) Reinspection: $30.00. (c) Building (commercial): (1) The building permit fee charged to build a new building, to add onto an existing building, to remodel or to alter an existing building shall be based on the declared valuation of the proposed work. The declared valuation shall include the fair market value of the proposed improvements, including the architectural, structural, electrical, plumbing, mechanical work, paving, parking, drive approach, and the contractor’s profit. The building official may require the applicant to verify the declared value. The building permit fee shall be calculated based upon figures from table 1. (2) The building official may also use the data provided in the most current building valuation table published by the International Code Council to determine building valuation for permit fee purposes. The ICC table is available on the ICC web site at www.iccsafe.org. (3) For any permit required by the construction codes but not specified in the town’s fee structure, an appropriate fee shall be charged based on the scope of work and which allows the town to recover the cost of review and inspection. (4) Plan review fees: A non-refundable plan review fee shall be assessed to all commercial and multifamily building (three or more dwelling units in a building) permit applications at the time of submittal. A building permit application is not considered received until the plan review fee has been paid. The plan review fee shall be assessed at 35% of the building permit fee. The plan review fee shall be 35% of the total building permit fee. The plan review fee shall be credited toward the building permit fee when issued. Town Council Page 1098 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-11 TABLE 1 - COMMERCIAL BUILDING PERMIT FEE Total Valuation of Project Fee $1.00 to $500.00 $100.00 minimum fee $500.01 to $2,000.00 $50.00 for the first $500 plus $6.60 for each additional $100.00 or fraction thereof, but not less than $100.00 $2,000.01 to $25,000.00 $150.00 for the first $2,000 plus $30.60 for each additional $1,000.00 or fraction thereof $25,000.01 to $50,000.00 $840.00 for the first $25,000 plus $21.60 for each additional $1,000.00 or fraction thereof $50,000.01 to $100,000.00 $1,380.00 for the first $50,000 plus $15.00 for each additional $1,000.00 or fraction thereof $100,000.01 to $500,000.00 $2,130.00 for the first $100,000 plus $12.00 for each additional $1,000.00 or fraction thereof $500,000.01 to $1,000,000.00 $6,930.00 for the first $500,000 plus $10.20 for each additional $1,000.00 or fraction thereof $1,000,000.01 and up $12,030.00 for the first $1,000,000 plus $3.30 for each additional $1,000.00 or fraction thereof TABLE 2 - RESIDENTIAL BUILDING PERMIT FEE Construction Types: 1A, 1B Construction Types: II A, III A, V A Construction Types: II B, III B, IV, VB 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.* U1 Accessory Building - Residential 50 $565 $99.90 $471 $83.25 $377 $66.60 - 250 $765 $135.86 $637 $113.21 $510 $90.57 - 500 $1,104 $69.74 $920 $58.11 $736 $46.49 Storage, playhouse, etc. 1,000 $1,453 $67.29 $1,211 $56.08 $969 $44.86 Typically with SFR 2,500 $2,462 $52.44 $2,052 $43.70 $1642 $34.96 U1 Open Air Structure 220 $200 $10.00 IRC SFD Single- family - TI (remodel) 300 $250 $19.50 Single- family - Standard Plan 1,000 $3,194 $10.58 $2,661 $8.81 $2,129 $7.05 - - 1,500 $3,247 $35.71 $2,705 $29.76 $2,164 $23.81 Town Council Page 1099 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-12 Construction Types: 1A, 1B Construction Types: II A, III A, V A Construction Types: II B, III B, IV, VB 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.* - (includes townhouses, duplexes 2,000 $3,425 $5.30 $2,854 $4.41 $2,283 $3.53 - (attached residences, etc.) 3,000 $3,478 $22.49 $2,898 $18.74 $2,319 $14.99 - - 5,000 $3,928 $19.58 $3,273 $16.31 $2,619 $13.05 - - 10,000 $4,907 $49.07 $4,089 $40.89 $3,271 $32.71 IRC SFD Single- Family Custom 1,000 $3,293 $3.98 $2,744 $3.31 $2,195 $2.65 - - 1,500 $3,313 $35.68 $2,761 $29.74 $2,208 $23.79 - - 2,000 $3,491 $5.31 $2,909 $4.43 $2,327 $3.54 - - 3,000 $3,544 $22.48 $2,954 $18.73 $2,363 $14.99 - - 5,000 $3,994 $18.92 $3,328 $15.76 $2,663 $12.61 - - 10,000 $4,940 $49.40 $4,116 $41.16 $3,293 $32.93 IRC SFD Guest House Custom 100 $1,498 $135.00 $1,248 $112.50 $998 $90.00 - - 500 $2,038 $178.31 $1,698 $148.59 $1,358 $118.87 - - 1,000 $2,929 $93.11 $2,441 $77.59 $1,953 $62.07 - - 2,000 See Single- family U Residential Garage 50 $565 $99.90 $471 $83.25 $377 $66.60 - - 250 $765 $135.86 $637 $113.21 $510 $90.57 - - 500 $1,104 $69.74 $920 $58.11 $736 $46.49 - - 1,000 $1,453 $67.29 $1,211 $56.08 $969 $44.86 - - 2,500 $2,462 $52.44 $2,052 $43.70 $1,642 $34.96 5,000 $3,773 $75.47 $3,144 $62.89 $2,516 $50.31 Single Fam Single- Family Residential Addition 50 $768 $135.22 $640 $112.68 $512 $90.15 - - 250 $1,038 $185.07 $865 $154.23 $692 $123.38 - - 500 $1,501 $94.68 $1,251 $78.90 $1,001 $63.12 - - 1,000 $1,974 $91.33 $1,645 $76.11 $1,316 $60.89 - - 2,500 $3,344 $71.04 $2,787 $59.20 $2,230 $47.36 - - 5,000 $5,120 $102.41 $4,267 $85.34 $3,414 $68.27 *Each additional 100 square feet, or portion thereof, up to the next highest project size threshold. (d) Certificate of occupancy (commercial): $100.00. (e) Construction in a right-of-way: $50.00. (f) Contractor registration: (1) Master electrician: $125.00. (2) HVAC: $125.00. Town Council Page 1100 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-13 (3) Fire protection: No fee. (4) Master plumber: No fee. (5) Backflow testing: $75.00. (6) Irrigation: $125.00. (7) All license registration renewals (within 30 days of expiration date): $50.00. (g) Demolition permit: $75.00. (h) Erosion control deposit account: (1) Single-family residential subdivisions: $100.00 per lot. (2) Multifamily residential and nonresidential subdivisions: $200.00 per lot. (3) Refund of erosion control deposit: Deposit refunds shall comply with section 109.2 of the 2009 International Building Code. (i) Electrical permit (small job single trade): $75.00. (j) Fence permit: $75.00. (k) Grading permit: (1) Single residential lot: $45.00. (2) 1/2 - 1 acre: $55.00. (3) >1 - 3 acres: $85.00. (4) >3 - 5 acres: $115.00. (5) >5 - 10 acres: $165.00. (6) > 10 acres: $165.00 + $7.50 for each additional acre over 10. (l) Health permits: (1) Food establishment: $275.00. (2) Retail food store: $625.00. (3) Mobil food unit: $160.00. (4) Roadside food vendor: $100.00. Town Council Page 1101 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-14 (5) Childcare centers: $225.00. (6) Temporary food establishment: $35.00. (7) Complaints (per occurrence): $150.00. (m) Incidental permit: $75.00. (n) Inspections: (1) Inspections outside of normal business hours (minimum charge - 2 hrs): $75.00/hr. (2) Reinspection fee: $75.00. (3) For use of outside consultants for inspections: Actual costs. (o) Irrigation permit: $75.00. (p) Mechanical permits (small job single trade): $75.00. (q) Noise permit: $25.00. (r) Plan review: (1) Additional plan review required for significant changes, additions or revisions to plans: $75.00/hr. (2) For use of outside consultants for plan review: Actual costs. (s) Plumbing permit (small job single trade): $75.00. (t) Retaining wall permit: $75.00. (u) Re-roofing permit: $75.00. (v) Sign permit: $75.00. (w) Single-family license: (1) Annual permit (for first single location): $120.00. (2) Reinstatement license (for first single location): $120.00. (3) Each additional dwelling unit: $25.00. (4) Reinspection: $30.00. Town Council Page 1102 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-15 (x) Stormwater drainage utility: Structure Monthly Fee Single-family $6.00 Multifamily, duplexes, and nonresidential properties Square footage of impervious area $6.00 per ERU (each ERU = 3,500 sq. ft. ) (y) Swimming pools: (1) Permit: $1.00 to $500.00 $23.50 $501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000 plus $4.75 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $1,000,000.00 and up $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000.00 or fraction thereof (2) Pool electrical: $50.00. (3) Pool plan review: 35% of permit fee. (4) Pool plumber: $50.00. (5) Propane tank: $100.00. Town Council Page 1103 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-16 (z) Trees: (1) Removal permit: $25.00 per tree. (2) Mitigation fee: $150.00 per caliper inch. (aa) Work done prior to permit approval/issuance: Double the regular permit fee. (bb) Refunding of fees shall comply with section 109.2 of the 2009 International Building Code. Otherwise above fees are not refundable. (cc) Expired permit reissuance fee: (1) As per section 105.5 of the 2009 International Building Code, a permit for any purposed work shall be deemed to be abandoned after 180 days of permit issuance, unless project completion has been pursued in good faith since permit issuance; except that the building official is authorized to grant one or more extensions of time, additional periods not to exceed 90 (ninety) days each. The extension shall be requested in writing and justifiable cause demonstrated and the building official will approve or deny the request in writing. (2) A reissuance fee of 50% of the original building permit cost is required to reactivate any expired permit where an extension was not requested and/or approved. (dd) Hotels: (1) Permit: Seventy-five dollars ($75.00) plus ten dollars ($10.00) per guest room. (2) Second reinspection due to noted violations: $47.00. (Ordinance 2004-12, ex. A, adopted 3/15/04; Ordinance 2005-10, ex. A, adopted 5/2/05; Ordinance 2005-29, sec. 3, ex. A, adopted 12/5/05; 2006 Code, ch. 1, sec. 8.03; Ordinance 2006- 37 adopted 9/18/06; Ordinance 2006-41 adopted 10/2/06; Ordinance 2008-02, sec. II, adopted 1/21/08; Ordinance 2008-37, sec. II, adopted 11/17/08; Ordinance 2008-42, sec. II, adopted 12/15/08; Ordinance 2009-02, sec. II, adopted 1/19/09; Ordinance 2011-38, secs. 2.01, 2.02, adopted 10/17/11; Ordinance 2013-27 adopted 9/3/13; Ordinance 2013-28, secs. 2.01–2.05, adopted 9/9/13; Ordinance adopting Code) Sec. A1.004 Planning and zoning department (a) Comprehensive zoning ordinance: $15.00. (b) Subdivision regulations: $15.00. (c) Comprehensive land use plan: $15.00. (d) Park plan supplement to comprehensive land use plan: $5.00. (e) Pathway plan supplement to comprehensive land use plan: $15.00. Town Council Page 1104 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-17 (f) Design standards for paving, drainage and utility improvements: $25.00. (g) Maps: (1) Topography: $0.50/sheet. (2) Zoning (11" x 17"): $0.50. (3) Zoning (24" x 36"): $5.00. (4) Street (11" x 17"): $0.50. (h) Meetings: (1) Concept meeting with developer/applicant (initial meeting): $300.00 flat fee. (2) All subsequent meetings with developer/applicant and staff: $100.00 per hour. (3) Staff and consultants: $250.00 per hour. (i) Engineering review: (1) Amended plat: $110.00 per hour. (2) Replat: $110.00 per hour. (3) Short form plat: $110.00 per hour. (4) Preliminary plat: $110.00 per hour. (5) Final plat (includes construction plans): $110.00 per hour. (6) Developer’s agreement: $110.00 per hour. (7) Civil plans: $110.00 per hour. (8) Supplemental reviews resulting from plan revisions: $110.00 per hour. (j) Developer’s inspection fee: (1) Inspection of utilities, infrastructure: 5% of contract price. (k) Subdivider’s agreement: (1) Revisions/review by staff (including town attorney): $300.00. (2) Initial review: $75.00 per hour. (l) Update to official zoning map: $75.00 per hour. (m) Meritorious exception: $50.00. Town Council Page 1105 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-18 (n) Fence/retaining wall waiver or special exception: $50.00. (o) Public hearing legal notice for property owners within 200 feet: Current postal rate for first class mail/per letter. (p) Newspaper publication for public hearing notice: Actual cost. (q) Planned development ordinance publication: Actual cost. (r) Drilling permits: (1) Specific use permit for new petroleum or gas well: $2,000.00. (2) Transfer of permit if well is sold: $150.00. (3) Exploration permit: $100.00. (4) Gas well permit: $1,000.00. (5) Oil well permit: $1,000.00. (6) Pipeline inspection: 3% of the value of the pipeline. (7) Extraction observation: $300.00. (8) Reinspection fee: $45.00. (9) Acceptance inspection of completed well: $300.00. (10) Additional services from third party consultant: $250.00 per hour. (11) Additional services from third party inspector: $250.00 per hour. (s) Zoning change request: (1) Straight zoning: $300.00 + $10.00/lot (residential). (2) Straight zoning: $300.00 + $15.00/acre (nonresidential). (3) PD: $400.00 + $10.00/lot (residential). (4) PD: $400.00 + $15.00/acre (nonresidential). (t) Conditional use permit: $300.00 + $15.00/acre. (u) Temporary use permit: $25.00. (v) Specific use permit: $300.00 + $15.00/acre. Town Council Page 1106 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-19 (w) Specific use permit for sale of mixed beverages in restaurants by food and beverage certificate only: $300.00. (x) Specific use permit for beer and wine sales (off-premises consumption only): $300.00. (y) Mixed beverage - 1st through 3rd years: Exempt. (z) Mixed beverage - 4th and subsequent years: 1/2 of state fee in effect at the time of permit*. (aa) Off-premises beer and/or wine: $30.00*. (bb) Concept plan: $200.00. (cc) Site plan: $200.00 + $15.00/acre. (dd) Landscape plan: $200.00. (ee) Zoning verification letter: (1) First letter within two (2) months of zoning approval: $10.00. (2) All subsequent letters: $15.00/site. (ff) Zoning coordinator opinion/interpretation letters: $25.00. (gg) Amendment to planned development ordinance: $300.00. (hh) Amended plat: (1) Straight zoning: $200.00 + $10.00/lot (residential). (2) Straight zoning: $200.00 + $15.00/acre (nonresidential). (3) PD: $250.00 + $10.00/lot (residential). (4) PD: $250.00 + $15.00/acre (nonresidential). (ii) Replat: (1) Straight zoning: $200.00 + $10.00/lot (residential). (2) Straight zoning: $200.00 + $15.00/acre (nonresidential). (3) PD: $250.00 + $10.00/lot (residential). (4) PD: $250.00 + $15.00/acre (nonresidential). (jj) Short form plat: (1) Straight zoning: $200.00 + $10.00/lot (residential). Town Council Page 1107 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-20 (2) Straight zoning: $200.00 + $15.00/acre (nonresidential). (3) PD: $300.00 + $10.00/lot (residential). (4) PD: $300.00 + $15.00/acre (nonresidential). (kk) Preliminary plat: (1) Straight zoning: $300.00 + $10.00/lot (residential). (2) Straight zoning: $300.00 + $15.00/acre (nonresidential). (3) PD: $400.00 + $10.00/lot (residential). (4) PD: $400.00 + $15.00/acre (nonresidential). (ll) Final plat: (1) Straight zoning: $300.00 + $10.00/lot (residential). (2) Straight zoning: $300.00 + $15.00/acre (nonresidential). (3) PD: $400.00 + $10.00/lot (residential). (4) PD: $400.00 + $15.00/acre (nonresidential). (mm) Plat vacation: $200.00. (nn) Rush plat filing: $300.00. (oo) Denton and Tarrant County filing costs: Actual cost. *Denotes annual fee. (Ordinance 2004-12, ex. A, adopted 3/15/04; Ordinance 2005-10, ex. A, adopted 5/2/05; 2006 Code, ch. 1, sec. 8.04; Ordinance 2008-37, sec. II, adopted 11/17/08; Ordinance 2011-07, sec. 2.01, adopted 2/24/11) Sec. A1.005 Zoning board of adjustment (a) Variance request: $150.00. (b) Public hearing legal notice for property owners within 200 feet: Current postal rate for certified return receipt mail + $0.55 each. (c) Newspaper publication for public hearing notice: Actual cost. Note: The fees for items (b) and (c) will be collected at least five (5) business days in advance of mailings and publication of notice. Failure to pay fees will result in removal from the scheduled agenda. Town Council Page 1108 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-21 (d) Filing fee for appeal to zoning board of adjustment: $100.00. (Ordinance 2004-12, ex. A, adopted 3/15/04; Ordinance 2005-10, ex. A, adopted 5/2/05; 2006 Code, ch. 1, sec. 8.05; Ordinance adopting Code) Sec. A1.006 Animal control (a) Lost license: $1.00. (b) Impound fee: $10.00/day. Plus transportation fee: $30.00. (c) Quarantine fee: $200.00. (d) Dangerous dog registration: $50.00/year. (e) Animal surrender fee: $50.00. (f) Euthanasia: Pay the following fees for euthanasia with disposal based on type and/or weight of animal: (1) Wildlife (captured in privately owned trap): $20.00 per animal. (2) Only if caught in a privately owned trap: (A) Adult dog (under 30 lbs.): $20.00 per animal. (B) Adult dog (over 30 lbs.): $30.00 per animal. (C) Adult cat: $20.00 per animal. (D) Kittens: $20.00 per litter. (E) Puppies: $5.00 per animal. (3) If caught in a private trap and surrendered to animal control, the animal surrender fee shall apply. A single litter of kittens or puppies shall count as one surrender fee. The euthanasia fee shall be waived if the surrender fee is paid. (g) Pig licensing fee: $_____ per animal. (h) Registration certificate for commercial establishment for dangerous wild animals: $____ per establishment. (Ordinance 2004-12, ex. A, adopted 3/15/04; Ordinance 2005-10, ex. A, adopted 5/2/05; Ordinance 2006-22, sec. II, adopted 7/24/06; 2006 Code, ch. 1, sec. 8.06; Ordinance 2008-37, sec. II, adopted 11/17/08; Ordinance 2008-42, sec. II, adopted 12/15/08; Ordinance 2011-07, sec. 2.02, adopted 2/24/11; Ordinance 2013-42, sec. 2.02, adopted 11/18/13; Ordinance adopting Code) Town Council Page 1109 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-22 Sec. A1.007 Emergency medical services Emergency medical services: (1) ALS1 emergency base rate: $855.00. (2) ALS1 non-emergency base rate: $855.00. (3) ALS2 emergency base rate: $900.00. (4) BLS emergency base rate: $787.00. (5) BLS emergency base rate in ALS unit: $787.00. (6) BLS non-emergency base rate: $787.00. (7) BLS non-emergency base rate in ALS treatment/no-transport: $787.00. (8) Treatment/no-transport: $175.00. (9) ALS emergency mileage: $15.00. Amount calculated per mile or portion thereof. (10) ALS non-emergency mileage: $15.00. Amount calculated per mile or portion thereof. (11) BLS emergency mileage: $15.00. Amount calculated per mile or portion thereof. (12) BLS non-emergency mileage: $15.00. Amount calculated per mile or portion thereof. (13) ALS supplies - routine disposable: $52.50. (14) BLS supplies - routine disposable: $52.50. (15) Disposable linen kit: $25.00. (16) Emergency rate: $94.00. (17) Oxygen, administration, and supplies/hr.: $119.00. (18) Pulse oximeter: $94.50. (19) Extra attend - CPR: $147.00. (20) ALS supplies airway management: $94.00. (21) ALS supplies capnography: $156.00. (22) ALS supplies defibrillation: $210.00. (23) ALS supplies EKG pads: $36.75. (24) ALS supplies external pacing: $210.00. Town Council Page 1110 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-23 (25) ALS supplies intubation: $100.00. (26) ALS supplies IO infusion: $262.25. (27) ALS supplies IV therapy: $258.00. (28) ALS supplies needle thoracostomy: $31.50. (29) ALS supplies surgical airway: $314.75. (30) BLS supplies defibrillation (AED): $42.00. (31) Bone injection adult: $250.00. (32) Bone injection pedi: $250.00. (33) Drug - Acetaminophen 5 ml: $2.25. (34) Drug - Activated charcoal 20 cc PO: $12.50. (35) Drug - Adenosine 6 mg: $66.62. (36) Drug - Aspirin chewable 81 mg: $2.10. (37) Drug - Atropine sulfate 0.3 mg: $14.69. (38) Drug - Calcium chloride 1 gm/10 ml: $7.75. (39) Drug - Clonodine 0.1 mg: $11.00. (40) Drug - Dexamethasone 4 mg: $44.00. (41) Drug - Dextrose 50% (D50): $18.88. (42) Drug - Diltiazem HCL: $61.88. (43) Drug - Diphenhydramine 50 mg: $9.44. (44) Drug - Dopamine: $22.03. (45) Drug - Enalaprilat: $44.00. (46) Drug - EPI 1 mg/10 ml IV: $9.32. (47) Drug - EPI 1 mg/cc IV: $15.74. (48) Drug - Flumazenil: $60.00. (49) Drug - Furosemide 20 mg: $20.72. Town Council Page 1111 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-24 (50) Drug - Glucagon 1 mg: $285.00. (51) Drug - Lidocaine drip 1 gm/25 ml: $52.50. (52) Drug - Lidocaine HCl (2%) 50 mg: $26.23. (53) Drug - Mag sulfate, per 500 mg: $22.03. (54) Drug - Methylprednisolone 125 mg: $41.44. (55) Drug - Midazolam HCl 1 mg: $41.96. (56) Drug - Morphine sulfate, 10 mg: $58.75. (57) Drug - Naloxone 1 mg IV: $43.20. (58) Drug - Nitrous oxide: $80.00. (59) Drug - Norcuron 10 mg: $94.42. (60) Drug - Oral glucose gel 15 g: $6.29. (61) Drug - Oxytocin 10 IU: $19.93. (62) Drug - Promethazine, 50 mg: $33.05. (63) Drug - Sodium bicarbonate per cc: $7.74. (64) Drug - Sublimaze: $75.75. (65) Drug - Succinylcholine 20 ml: $8.39. (66) Drug - Tetracaine: $19.50. (67) Drug - Thiamine 100 mg IV: $36.00. (68) Drug - Vecuronium 10 mg: $110.00. (69) Drug - Xopenex 1.25 mg: $35.50. (70) ETCO2 Bulb adult: $32.50. (71) ETCO2 Bulb pedi: $32.50. (72) IV - Normal saline 1000 cc: $47.75. (73) IV - Normal saline 100 cc: $39.60. (74) IV - Normal saline 250 cc: $39.60. (75) IV - Normal saline 500 cc: $41.90. Town Council Page 1112 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-25 (76) Blood glucose test: $45.64. (77) EKG interpretation: $260.00. (78) IV - Blood draw procedure: $21.00. (79) IV - Lorazepam/Ativan: $35.00. (80) IV - Haldol/Haloperidol: $17.35. (81) IV - Ondansetron/Zofran: $4.50. (82) Nitroglycerine spray: $10.10. (83) IV - Hydromorphone/Dilaudid: $6.50. (84) IV - Hydralazine: $25.38. (85) IV - Budesonide/Pulmicort: $37.50. (86) IV - Amiodarone/Cordarone: $31.25. (Ordinance 2004-12, ex. A, adopted 3/15/04; Ordinance 2005-10, ex. A, adopted 5/2/05; 2006 Code, ch. 1, sec. 8.07; Ordinance 2008-37, sec. II, adopted 11/17/08; Ordinance 2011-07, sec. 2.03, adopted 2/24/11) Sec. A1.008 Fire plan review (a) 0 - 100,000 square feet: $0.020 per square foot. (b) 100,001 - 300,000 square feet: $2,000.00 for the first 100,000 square feet. (c) 100,001 square feet plus: $0.018 for each additional square foot of area. (d) 300,000+ square feet: $5,600.00 for the first 300,000 square feet; $0.012 for each additional square foot of area or fraction thereof. (e) Major projects may require multiple plan reviews due to their complexity, i.e.: (1) Pre-construction review: (A) Utilities. (B) Building plans. (C) Infrastructure. (2) Sprinkler system review. (3) Alarm system review. Town Council Page 1113 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-26 (f) The above fee schedule will be assessed for each review separately. (g) Subdivision review fee: (1) 0 - 50 lots: $500.00. (2) 50 - 100: $750.00. (3) 100+: $1,000.00. (h) Plat review fee: $350.00. (Ordinance 2004-12, ex. A, adopted 3/15/04; Ordinance 2005-10, ex. A, adopted 5/2/05; 2006 Code, ch. 1, sec. 8.08) Sec. A1.009 Fire division (a) Sprinkler permit*: $25.00/year. (b) Residential sprinkler system plan review* (6000+ sq. ft. under roof): $400.00. (c) Sprinkler system reinspection: $75.00. (d) Alarm system reinspection*: $25.00. (e) Final inspection for new construction*: $75.00. (f) Reinspection for new construction*: $25.00. (g) Burn permits (residents free), nonresidents: $25.00 a week. (h) Vent-a-hood system permits*: $175.00. (i) Wet chemical system permit*: $75.00. (j) Aerosol products (500 pounds)*: $50.00. (k) Compressed gases*: $100.00. (l) Commercial rubbish handling operations*: $250.00. (m) Cryogens*: $250.00. (n) Dry cleaning plants*: $50.00. (o) Fireworks*: $300.00. (p) Flammable or combustible liquids*: $100.00. (q) Motor vehicle fueling dispensing station*: $50.00. Town Council Page 1114 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-27 (r) Places of assembly*: $50.00. (s) Pyrotechnical special effects material*: $50.00. (t) Temporary membrane structures, tents and canopies*: $25.00. (u) After-hours inspections: $125.00 first hour; $35.00 each additional hour. (v) Commercial fire plan check fee*: (1) 0 - 100,000 square feet: $0.020 square foot. (2) 100,001 - 300,000 square feet: $2,000.00 for the first 100,000 square feet. (3) 100,001 square feet plus: $0.018 for each additional square foot of area. (4) 300,001+ square feet: $5,600.00 for the first 300,000 square feet plus $0.012 for each additional square foot of area or fraction thereof. (w) Residential subdivision review fee: (1) 0 - 50 lots: $500.00. (2) 50 - 101: $750.00. (3) 100+: $1000.00. (x) Plat review fees: $350.00. *These fees are imposed by official action of the town municipal utility districts, they are included for the convenience of the customers, residents and staff. The town has taken no official action with regard to the setting of these fees. (Ordinance 2004-12, ex. A, adopted 3/15/04; Ordinance 2005-10, ex. A, adopted 5/2/05; 2006 Code, ch. 1, sec. 8.09) Sec. A1.010 Municipal court (a) Warrant fee: $50.00. (b) Capias fee: $50.00. (c) Transcription fee: $25.00. (d) NSF check fee: $25.00. (e) Driving safety fee: $9.90. (f) Court building security fee: $3.00 per violation as authorized by state law. Town Council Page 1115 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-28 (g) Court technology fee: $4.00 per violation as authorized by state law. (h) Credit card processing fee: 5% or percentage charged by credit card company. (i) Deferred disposition administrative fee: $25.00. (Ordinance 2004-12, ex. A, adopted 3/15/04; Ordinance 2005-10, ex. A, adopted 5/2/05; 2006 Code, ch. 1, sec. 8.10; Ordinance 2011-38, sec. 2.03, adopted 10/17/11; Ordinance 2013-40 adopted 10/21/13) Sec. A1.011 Police department (a) Accident reports: $6.00. (b) Administrative fee for abatement of weeds: $100.00. (c) Good conduct record: $5.00. (d) Fingerprints: $10.00/per card. (e) Overnight parking permit (third household vehicle): $150.00. (f) Overnight parking permit (fourth household vehicle): $50.00. (g) Annual renewal per vehicle: $10.00. (h) Transfer fee (not to extend the term of the permit): $10.00. (i) Temporary parking: (1) Permit: $10.00. (2) Renewal fee: $10.00. (j) Soliciting permit: (1) Commercial: $50.00. (2) Charitable: $10.00. (k) Alarm fees: (1) Permit for single-family: $50.00. (2) Multifamily: $50.00 + $5.00 per permit for each unit. (3) Commercial: $100.00. Town Council Page 1116 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-29 (l) False alarm service fees: (1) Each false alarm notification emitted from an alarm site that is in excess of five (5) false alarms: $25.00. (2) Multifamily dwelling issued as one protected property for each false alarm notification in excess of ten: $25.00. (m) Overweight vehicle transport: $50.00. (n) CHL class: $50.00 per person. (o) Home firearms safety class: $15.00 per person. (p) Motorized carts: (1) Initial inspection by police department: $25.00 (includes permit/sticker). (2) Reinspection by police department (if a motorized cart fails the initial inspection): $10.00. (3) Bi-annual renewal of the permit: $25.00. (4) Replacement sticker: $10.00. (Ordinance 2004-12, ex. A, adopted 3/15/04; Ordinance 2005-10, ex. A, adopted 5/2/05; 2006 Code, ch. 1, sec. 8.11; Ordinance 2008-37, sec. II, adopted 11/17/08; Ordinance 2013-24 adopted 9/3/13; Ordinance 2014-07 adopted 3/17/14; Ordinance 2013-11 adopted 4/22/13; Ordinance adopting Code) Sec. A1.012 Parks and recreation and special events (a) All fees are to be paid at the time of reservation and are based on availability. Rates shown are for each reservation and are based on a two-hour minimum rental period, unless otherwise specified. (b) Additional rental hours will be charged at one-half (1/2) of the 2- or 4-hour rate fee set forth below. (c) Fees are not applicable to members of the Trophy Club youth sports associations when they are participating in Trophy Club youth sports association sponsored activities. (d) Reservations. Resident Nonresident Harmony Soccer Field - Lighted $50.00 $80.00 Harmony Soccer Field - Unlighted $30.00 $60.00 Independence Baseball Field #1 - #4 - Lighted $50.00 $80.00 Town Council Page 1117 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-30 Resident Nonresident Independence Baseball Field #1 - #4 - Unlighted $30.00 $60.00 Independence Multi-Use Field #1 $30.00 $60.00 Independence Multi-Use Field #2 - Lighted $50.00 $80.00 Independence Multi-Use Field #2 - Unlighted $30.00 $60.00 Pavilion Rental (Harmony Park) $50.00 for a 4-hour period $100.00 for a 4- hour period (e) Trophy Club Park. Vehicle entry $1.00 ATV/motorcycle $12.00 Boat entry $5.00 Resident vehicular annual pass $10.00 Nonresident vehicular annual pass $25.00 Large pavilion rental (4 hours) $50.00 (f) Community pool fees. Pool rental fees listed below are for a minimum two-hour period. Resident rates* Daily rate $4.00 Individual season pass $25.00 Family pass (up to 5 members) $75.00 Additional family members $10.00/member Resident guest pass (unassigned pass valid for entire season) $20.00/pass Nonresident rates* Daily rate $6.00 Individual season pass $50.00 Family season pass (up to 5 members) $150.00 Additional family member $20.00 Local business group rate** (with a minimum of 8 bathers) $3.00 per user Non-local business group rate** (with a minimum of 8 bathers) $4.00 per user For 20 or more bathers $3.00 per bather * Children under 35 inches admitted free of charge. ** In order to receive the group rate, group shall schedule date and time of use with parks and recreation department. Pool Rental Rates Residential rental rate Large pool rental $300.00 Spray pad rental (Fri p.m. & Sat-Sun) $300.00 Town Council Page 1118 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-31 Pool Rental Rates Spray pad rental (Mon–Fri a.m.) $225.00 Pavilion reservation $100.00 Community pool complex rental $700.00 Nonresident rental rates Large pool rental $330.00 Spray pad rental (Fri p.m. & Sat-Sun) $330.00 Spray pad rental (Mon-Fri a.m.) $225.00 Pavilion reservation $100.00 Community pool complex rental $770.00 The minimum rental time allowed is two (2) hours. Additional rental hours will be charged at one-half (1/2) of the two (2) hour rate fee set forth above. Cancellations with less than a twenty-four (24) hour notice will result in the forfeiture of the rental cost. Cancellations with less than a one (1) week notice will result in the forfeiture of fifty percent (50%) of the rental cost. (g) Special event permit fee: $50.00. (Ordinance 2004-12, ex. A, adopted 3/15/04; Ordinance 2005-10, ex. A, adopted 5/2/05; 2006 Code, ch. 1, secs. 8.12, 8.15; Ordinance 2007-09, sec. II, adopted 2/19/07; Ordinance 2010-15, sec. 2, adopted 5/17/10; Ordinance 2011-07, sec. 2.04, adopted 2/24/11; Ordinance 2012-12 adopted 5/21/12; Ordinance 2013-26, secs. 2.01, 2.02, adopted 9/3/13; Ordinance adopting Code) Sec. A1.013 Administrative fees The following is a summary of the charges for copies of public information that have been adopted by the commission: (1) Standard paper copy: $0.10 per page. (2) Color paper copy: $1.00 each. (3) Nonstandard-size copy: (A) Diskette: $1.00 each. (B) Magnetic tape: Actual cost. (C) Data cartridge: Actual cost. (D) Tape cartridge: Actual cost. (E) VHS videocassette: $2.50 each. (F) Audiocassette: $1.00 each. Town Council Page 1119 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-32 (G) Oversized paper tray copy: $0.50 each. (H) Mylar, blueline/blueprint paper (all widths): Actual cost. (i) 3 mil.: $0.85/linear foot. (ii) 4 mil.: $1.10/linear foot. (iii) 5 mil.: $1.35/linear foot. (I) Rewritable CD (CD-RW): $1.00. (J) Non-rewritable CD (CD-R): $1.00. (K) Digital video disc (DVD): $3.00. (L) Other electronic media: Actual cost. (4) Personnel charge: (A) Programming personnel: $28.50/hour. (B) Other personnel: $15.00/hour. (5) Overhead charge: 20% of personnel charge. (6) Microfiche or microfilm charge: (A) Paper copy: $0.10 per page. (B) Fiche or film copy: Actual cost. (7) Remote document retrieval charge: Actual cost. (8) Computer resource charge: (A) Mainframe: $10.00/minute. (B) Midsize: $1.50/minute. (C) Client/server: $2.20 per hour. (D) PC or LAN: $1.00 per hour. (9) Miscellaneous supplies: Actual cost. (10) Postage and shipping charge: Actual cost. (11) Photographs: Actual cost. Town Council Page 1120 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-33 (12) Other costs: Actual cost. (13) Outsourced/contracted services: Actual cost. (14) No sales tax: No sales tax shall be applied to copies of public information. (15) Personnel charges in excess of 36 hours. Notwithstanding any provision contained herein to the contrary, any requestor of public information will be charged personnel costs in accordance with V.T.C.A., Government Code, section 552.275 for all time in excess of thirty-six (36) hours spent by personnel of the town in producing public information for inspection or duplication by a requestor, or providing copies of public information to a requestor during a twelve-month period commencing on October 1 of each year. The records management officer shall be responsible for providing all notices required by law. (Ordinance 2004-12, ex. A, adopted 3/15/04; Ordinance 2005-10, ex. A, adopted 5/2/05; 2006 Code, ch. 1, sec. 8.13; Ordinance 2012-13, sec. 2.02, adopted 5/21/12) Sec. A1.014 Water and wastewater fees for Public Improvement District No. 1 (a) Connection fee - 1": $2,300.00. (b) Impact fee - 1" meter: $1,173.00. Impact fees for meter sizes less than or greater than 1" shall be based upon the fee charged by the Trophy Club Municipal Utility District No. 1 (“MUD1”) in accordance with its duly adopted rate order. (c) Meter fee - Domestic 1" meter: $343.00. Meter fees for meter sizes less than or greater than 1" shall be based upon the fee charged by the Trophy Club Municipal Utility District No. 1 (“MUD1”) in accordance with its duly adopted rate order. (d) Monthly residential (single-family homes) and commercial water fees: (1) Administration: $16.71. (2) 0 to 6,000 gallons per month: $2.70/1,000 gallons. (3) 6,001 to 17,000 gallons per month: $3.14/1,000 gallons. (4) 17,001 to 25,000 gallons per month: $3.64/1,000 gallons. (5) 25,001 to 50,000 gallons per month: $4.23/1,000 gallons. (6) 50,000 plus gallons per month: $4.91/1,000 gallons. (e) Multi-unit buildings: Each multi-unit building (apartments, business complex, etc.) served by a single meter shall be billed the base rate for the meter size servicing the building multiplied by the number of units in the building or complex. Town Council Page 1121 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-34 (f) Monthly residential (single-family homes) wastewater fees: (1) Base rate 1" meter: $14.58. (2) 0–18,000 gallons per month: $2.50/1,000 gallons. Residential sewer usage shall be capped at 18,000 gallons per month. (g) Monthly commercial wastewater fees: (1) Base rate 1" meter: $14.58. (2) Volumetric rate: $2.50/1,000 gallons. Commercial sewer usage shall be billed based upon actual water usage per month. (h) Multi-unit buildings: Each multi-unit building (apartments, townhomes, business complex, etc.) shall be billed the base rate for each meter servicing the building and sewer usage will be billed based on actual water usage per month. (i) Returned checks: $25.00. (j) Security deposits: (1) Builders: $75.00. (2) Residential owners: $75.00. (3) Residential lessees: $150.00. (k) Service line inspection and lead test: $150.00. (l) Annual capital improvements and maintenance charge: $8.90 (monthly fee per connection). (m) Water and wastewater rates and fees are the same for all properties within the corporate boundaries of the town whether service is received directly from MUD1 or service is received from town as a wholesale customer of MUD1. (n) Town fees as set forth above are applicable to the boundaries of the Trophy Club Public Improvement District No. 1 and are based upon a rate order adopted by Trophy Club Municipal Utility District No 1 (“MUD1”). Customers of the town receiving service to property located within the boundaries of the PID shall be subject to the duly adopted MUD1 Service Rules and Policies, including all fees imposed thereby, as amended from time to time. (o) Rates and fees for water and wastewater service applicable to the boundaries of MUD1 are imposed pursuant to a rate order duly adopted by MUD1. (2006 Code, ch. 1, sec. 8.16; Ordinance 2008-10, sec. II, adopted 3/3/08; Ordinance 2008-17, sec. II, adopted 7/7/08; Ordinance 2008-37, sec. II, adopted 11/17/08; Ordinance 2008-42, sec. II, adopted 12/15/08; Ordinance 2014-16 adopted 6/16/14; Ordinance 2014-32 adopted 9/23/14) Town Council Page 1122 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix A: Fee Schedule Appendix A-35 Sec. A1.015 Business fees (a) Sexually oriented business annual license: $1,000.00. (b) Portable home storage unit (PODS): (1) Thirty day permit: $25.00. (2) Permit extension: $50.00 for additional thirty-day period. (Ordinance adopting Code) Town Council Page 1123 of 1236 Meeting Date: February 9, 2016 Town Council Page 1124 of 1236 Meeting Date: February 9, 2016 Appendix B-1 APPENDIX B CODE COMPARATIVE TABLE This table shows the location or gives the disposition of the chapters, sections and subsections of the 2006 Trophy Club Code of Ordinances within this revised code. The abbreviation “NIC” means the provision is not included in this code, though not necessarily repealed. 2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES CHAPTER 1 - ADMINISTRATION Article I The Charter Charter Article II Town Manager (Deleted) Article III Town Secretary (Deleted) Article IV Treasurer of the Town (Deleted) Article V Staggered Terms of Office for Town Council (Deleted) Article VI Town Council Rules of Procedure Sec. 6.01 Rules of procedure A. Authority Sec. 1.03.031 B. General rules Sec. 1.03.032 C. Types of meetings Sec. 1.03.033 D. Chairman and duties Sec. 1.03.034 E. Order of business Sec. 1.03.035 F. Consideration of ordinances, resolutions and motions Sec. 1.03.036 G. Rules of decorum Sec. 1.03.037 H. Parliamentary motions and precedence Sec. 1.03.038 I. Creation of committees, boards and commissions Sec. 1.03.039 Article VII Town Attorney (Deleted) Article VIII Schedule of Fees Sec. 8.01 Applicability/conflict & waiver Sec. A1.001 Sec. 8.02 Building definitions Sec. A1.002 Sec. 8.03 Community development department Sec. A1.003 Sec. 8.04 Planning & zoning department Sec. A1.004 Sec. 8.05 Zoning board of adjustment Sec. A1.005 Sec. 8.06 Animal control Sec. A1.006 Sec. 8.07 Emergency medical services billing Sec. A1.007 Sec. 8.08 Fire plan review Sec. A1.008 Sec. 8.09 Fire division Sec. A1.009 Sec. 8.10 Municipal court Sec. A1.010 Sec. 8.11 Police department Sec. A1.011 Sec. 8.12 Community pool complex Sec. A1.012 Sec. 8.13 Administrative Sec. A1.013 Sec. 8.14 Texas Administrative Code Dltd. by Ordinance adopting Code Sec. 8.15 Parks & recreation Sec. A1.012 Sec. 8.16 Public works for Public Improvement District No. 1 Sec. A1.014 Article IX Participation in Texas Municipal Retirement System (TMRS) Sec. 9.01 Employee participation NIC Sec. 9.02 Town manager directed to notify board of trustees of the Texas Municipal Retirement System NIC Town Council Page 1125 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix B: Code Comparative Table Appendix B-2 2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES Sec. 9.03 Condition of membership NIC Sec. 9.04 Fixed 5% participation rate NIC Sec. 9.05 Prior service credit NIC Sec. 9.06 Town contributions to current service annuity reserve NIC Sec. 9.07 Town secretary directed to remit town contributions to TMRS board of trustees NIC Sec. 9.08 Supplemental death benefits fund NIC Sec. 9.09 Notification of fund participation NIC Article X Updated Service Credits Sec. 10.01 Authorization of update service credits NIC Sec. 10.02 Increase in retirement annuities NIC Sec. 10.03 Dates of allowances and increases NIC Sec. 10.04 Increased municipal contributions NIC Sec. 10.05 Increased employee deposit rate NIC Article XI Restricted Prior Service Credit Sec. 11.01 Authorization NIC Article XII Retirement Service Benefits Sec. 12.01 Authorization NIC Article XIII Open Records Sec. 13.01 Requests for information Sec. 1.07.061 Article XIV Records Management Sec. 14.01 Policy Sec. 1.07.031 Sec. 14.02 Definitions Sec. 1.07.032 Sec. 14.03 Municipal records declared public property Sec. 1.07.033 Sec. 14.04 Designation of records management officer Sec. 1.07.034 Sec. 14.05 Records management plan to be developed; approval of plan; authority of plan Sec. 1.07.035 Sec. 14.06 Duties of records management officer Sec. 1.07.036 Sec. 14.07 Records control schedules to be developed; approval; filing with state Sec. 1.07.037 Sec. 14.08 Implementation of records control schedules; destruction of records under schedule Sec. 1.07.038 Sec. 14.09 Destruction of unscheduled records Sec. 1.07.039 Sec. 14.10 Records center Sec. 1.07.040 Sec. 14.11 Alternative storage methods Sec. 1.07.041 Article XV Indemnification of Officers Sec. 15.01 Need for indemnification Sec. 9.03.001 Sec. 15.02 Definitions Sec. 9.03.002 Sec. 15.03 Indemnification Sec. 9.03.003 Sec. 15.04 Representation in actions Sec. 9.03.004 Sec. 15.05 Town’s defenses Sec. 9.03.005 Sec. 15.06 Notices Sec. 9.03.006 Sec. 15.07 Disciplinary actions Sec. 9.03.007 Sec. 15.08 Suits by or on behalf of the town Sec. 9.03.008 Sec. 15.09 Exclusions Sec. 9.03.009 CHAPTER 2 - ANIMAL CONTROL Article I Animals Sec. 1.01 Definitions Sec. 2.01.001 Sec. 1.02 Enforcement Sec. 2.01.003 Sec. 1.03 Humane care of animals Sec. 2.01.006 Sec. 1.04 Maximum number of animals Sec. 2.01.007 Town Council Page 1126 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix B: Code Comparative Table Appendix B-3 2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES Sec. 1.05 Prohibited actions against animals Sec. 2.01.008 Sec. 1.06 Sanitary conditions Sec. 2.01.009 Sec. 1.07 Defecation of animals on public and private property Sec. 2.01.010 Sec. 1.08 Animals at large Sec. 2.01.011 Sec. 1.09 Animal noise Sec. 2.01.012 Sec. 1.10 Impounding of animals Sec. 2.02.001 Sec. 1.11 Authority to impound, destroy, kill or muzzle certain animals Sec. 2.01.013 Sec. 1.12 Dangerous dogs Sec. 2.01.014 Sec. 1.13 Fees Sec. 2.01.004 Sec. 1.14 Release of unvaccinated animals Sec. 2.02.002 Sec. 1.15 Adoption Sec. 2.02.003 Sec. 1.16 Livestock, wild or prohibited animals Sec. 2.01.015 Sec. 1.17 Confinement required of animal allegedly involved in attack Sec. 2.01.016 Sec. 1.18 Vicious animals Sec. 2.01.017 Sec. 1.19 Vaccination Sec. 2.01.018 Sec. 1.20 Licenses and tags Sec. 2.01.019 Sec. 1.21 Special requirements for keeping miniature pigs and ferrets Sec. 2.01.020 Sec. 1.22 Exceptions Sec. 2.01.005 Sec. 1.23 Certificate of registration for dangerous wild animals Sec. 2.03.041 Sec. 1.24 Certificate of registration application for dangerous wild animals Sec. 2.03.042 Sec. 1.25 Denial or revocation of certificate of registration for dangerous wild animals; appeal Sec. 2.03.043 Sec. 1.26 Effective date for certificate of registration for a dangerous wild animal Sec. 2.03.044 Sec. 1.27 Display of certificate of registration Sec. 2.03.045 Sec. 1.28 Inspection related to dangerous wild animals Sec. 2.03.001 Sec. 1.29 Relocation or disposition of a dangerous wild animal Sec. 2.03.002 Sec. 1.30 Attack by a dangerous wild animal; escape of dangerous wild animal; liability for dangerous wild animal Sec. 2.03.003 Sec. 1.31 Care, treatment and transportation of dangerous wild animals Sec. 2.03.004 Sec. 1.32 Liability insurance for dangerous wild animals Sec. 2.03.005 Sec. 1.33 Transfer of ownership of a dangerous wild animal Sec. 2.03.006 Sec. 1.34 Offense and penalty for dangerous wild animals Sec. 2.03.007 Sec. 1.35 Civil penalty and costs specific to dangerous animals Sec. 2.03.008 Sec. 1.36 Applicability Sec. 2.03.046 Sec. 1.37 Penalty Sec. 2.01.002 CHAPTER 3 - BUILDINGS AND CONSTRUCTION Article I Building Official Sec. 1.01 Appointment Sec. 3.02.001 Sec. 1.02 Authority of building official Sec. 3.02.002 Article II Forms Surveys Sec. 2.01 Form survey Sec. 3.01.001 Article III International Building Code Sec. 3.01 Applicability Dltd. by Ord. 2012-27 Sec. 3.02 Adoption Sec. 3.03.051 Town Council Page 1127 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix B: Code Comparative Table Appendix B-4 2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES Sec. 3.03 Amendments to the 2003 International Building Code Sec. 3.03.052 Sec. 3.04 Board of appeals Dltd. by Ord. 2012-27 Sec. 3.05 Penalty Dltd. by Ord. 2012-27 Article IV International Residential Code Sec. 4.01 Adoption Sec. 3.03.101 Sec. 4.02 Amendments to the 2003 International Residential Code Sec. 3.03.102 Sec. 4.03 Board of appeals Dltd. by Ord. 2012-28 Sec. 4.04 Penalty Dltd. by Ord. 2012-28 Article V National Electrical Code Sec. 5.01 Adoption Sec. 3.03.151 Sec. 5.02 Amendments to the 2002 National Electrical Code Sec. 3.03.152 Sec. 5.03 Penalty Dltd. by Ord. 2012-35 Article VI International Mechanical Code Sec. 6.01 Adoption Sec. 3.03.201 Sec. 6.02 Amendments to the 2003 International Mechanical Code Sec. 3.03.202 Sec. 6.03 Penalty Dltd. by Ord. 2012-30 Article VII International Plumbing Code Sec. 7.01 Adoption Sec. 3.03.251 Sec. 7.02 Amendments to the 2003 International Plumbing Code Sec. 3.03.252 Sec. 7.03 Penalty Dltd. by Ord. 2012-29 Article VIII International Energy Conservation Code Sec. 8.01 Adoption Sec. 3.03.301 Sec. 8.02 Amendments to the 2003 International Energy Conservation Code Sec. 3.03.302 Sec. 8.03 Penalty Dltd. by Ord. 2012-31 Article IX International Fire Code Sec. 9.01 Adoption Sec. 3.03.451 Sec. 9.02 Amendments to the 2003 International Fire Code Sec. 3.03.452 Sec. 9.03 Penalty Dltd. by Ord. 2012-32 Article X RESERVED Article XI Roofing Requirements Sec. 11.01 Definitions Sec. 3.06.001 Sec. 11.02 Architectural or laminated shingles required Sec. 3.06.005 Sec. 11.03 Wood shingles and wood shakes prohibited Sec. 3.06.006 Sec. 11.04 Roof repair permit required Sec. 3.06.003 Sec. 11.05 Compliance with the Uniform Building Code Sec. 3.06.007 Sec. 11.06 Appeal process Sec. 3.06.004 Sec. 11.07 Penalty Sec. 3.06.002 Article XII Standards for the Repair, Removal or Demolition of Dangerous or Substandard Buildings Sec. 12.01 Definitions Sec. 3.05.001 Sec. 12.02 Powers of council Sec. 3.05.004 Sec. 12.03 Procedures Sec. 3.05.005 Sec. 12.04 Order of town council Sec. 3.05.006 Sec. 12.05 Failure to comply with town order Sec. 3.05.007 Sec. 12.06 Minimum standards; responsibilities of owner Sec. 3.05.008 Sec. 12.07 Recovery of expenses; lien Sec. 3.05.009 Sec. 12.08 Adoption of uniform code Sec. 3.05.003 Sec. 12.09 Penalty Sec. 3.05.002 Town Council Page 1128 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix B: Code Comparative Table Appendix B-5 2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES Article XIII Apartment Complex Licensing Sec. 13.01 Definitions Sec. 3.10.001 Sec. 13.02 License required Sec. 3.10.003 Sec. 13.03 License application, place of business, issuance, renewal and expiration Sec. 3.10.004 Sec. 13.04 License and inspection fees Sec. 3.10.005 Sec. 13.05 License display, replacement and transferability Sec. 3.10.006 Sec. 13.06 License standards Sec. 3.10.007 Sec. 13.07 Inspections, reinspections and certificate of occupancy Sec. 3.10.008 Sec. 13.08 Appeals to the town Sec. 3.10.009 Sec. 13.09 Penalty Sec. 3.10.002 Article XIV Single Family Residence Licensing Sec. 14.01 Definitions Sec. 3.11.001 Sec. 14.02 License required Sec. 3.11.003 Sec. 14.03 License application, place of business, issuance, renewal and expiration Sec. 3.11.004 Sec. 14.04 License and inspection fees Sec. 3.11.005 Sec. 14.05 License display, replacement and transferability Sec. 3.11.006 Sec. 14.06 License standards Sec. 3.11.007 Sec. 14.07 Inspections, reinspections and certificate of occupancy Sec. 3.11.008 Sec. 14.08 Appeals to the town Sec. 3.11.009 Sec. 14.09 Penalty Sec. 3.11.002 Article XV Swimming Pools Sec. 15.01 Definitions Sec. 3.07.001 Sec. 15.02 Applicability and prohibitive conduct Sec. 3.07.003 Sec. 15.03 Exceptions Sec. 3.07.004 Sec. 15.04 Swimming pools A. Swimming pool permit application Sec. 3.07.031 B. Permit fees Sec. 3.07.032 C. Fence requirements Sec. 3.07.061 D. Form survey required Sec. 3.07.062 E. Certification of completion Sec. 3.07.063 F. Lighting Sec. 3.07.064 G. Licensed contractor Sec. 3.07.065 H. Location Sec. 3.07.066 I. Draining of swimming pools Sec. 3.07.067 J. Screening Sec. 3.07.068 K. Clarity of water Sec. 3.07.069 L. Equipment Sec. 3.07.070 Sec. 15.05 Notice of violation Sec. 3.07.005 Sec. 15.06 Abatement Sec. 3.07.006 Sec. 15.07 Appeals Sec. 3.07.007 Sec. 15.08 Penalty Sec. 3.07.002 Article XVI 2003 International Property Maintenance Code Sec. 16.01 2003 International Property Maintenance Code Sec. 3.03.351 Sec. 16.02 Local amendments to 2003 International Property Maintenance Code Sec. 3.03.352 Sec. 16.03 Penalty Dltd. by Ord. 2012-34 Article XVII Hotel Regulations Sec. 17.01 Definitions Sec. 3.12.001 Town Council Page 1129 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix B: Code Comparative Table Appendix B-6 2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES Sec. 17.02 Hotel permit Sec. 3.12.003 Sec. 17.03 Guest registration requirements Sec. 3.12.004 Sec. 17.04 Hotel permit standards Sec. 3.12.005 Sec. 17.05 Inspections, re-inspections and certificate of occupancy Sec. 3.12.006 Sec. 17.06 Appeals to the town Sec. 3.12.007 Sec. 17.07 Penalty Sec. 3.12.002 CHAPTER 4 - FLOOD DAMAGE PREVENTION Article I Flood Damage Prevention Sec. 1.01 Findings of fact Sec. 3.13.001 Sec. 1.02 Statement of purpose Sec. 3.13.002 Sec. 1.03 Methods of reducing flood losses Sec. 3.13.003 Sec. 1.04 Applicability (included in general provisions by Ordinance 2011-12) Sec. 3.13.005 Sec. 1.05 Definitions Sec. 3.13.004 Sec. 1.06 General provisions Sec. 3.13.005 Sec. 1.07 Administration Sec. 3.13.006 Sec. 1.08 Provisions for flood reduction Sec. 3.13.007 Sec. 1.09 Penalty Sec. 3.13.008 CHAPTER 5 - GENERAL LAND USE Article I Mobile Home & HUD-Code Manufactured Home Placement and Replacement Sec. 1.01 Definitions Sec. 3.08.001 Sec. 1.02 Mobile homes Sec. 3.08.031 Sec. 1.03 Replacement of mobile homes Sec. 3.08.032 Sec. 1.04 HUD-code manufactured homes Sec. 3.08.033 Sec. 1.05 Application Sec. 3.08.034 Sec. 1.06 Boats and trailers tied into utility service Sec. 3.08.071 Sec. 1.07 Maintaining heavy vehicles, boats, and trailers Sec. 3.08.072 Sec. 1.08 Recreational vehicles Sec. 3.08.073 Sec. 1.09 Presumption Sec. 3.08.074 Sec. 1.10 Penalty Sec. 3.08.002 Article II Sexually Oriented Businesses Sec. 2.01 Purpose and intent Sec. 4.04.001 Sec. 2.02 Definitions Sec. 4.04.002 Sec. 2.03 Classification Sec. 4.04.003 Sec. 2.04 License required Sec. 4.04.031 Sec. 2.05 Issuance of license Sec. 4.04.032 Sec. 2.06 Fees Sec. 4.04.033 Sec. 2.07 Inspection Sec. 4.04.034 Sec. 2.08 Expiration of license Sec. 4.04.035 Sec. 2.09 Suspension Sec. 4.04.036 Sec. 2.10 Revocation Sec. 4.04.037 Sec. 2.11 Appeal Sec. 4.04.038 Sec. 2.12 Transfer of license Sec. 4.04.039 Sec. 2.13 Location of sexually oriented businesses Sec. 4.04.061 Sec. 2.14 Exemption from location restrictions Sec. 4.04.062 Sec. 2.15 Additional regulations for nude escort agencies Sec. 4.04.091 Sec. 2.16 Additional regulations for nude model studios Sec. 4.04.092 Town Council Page 1130 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix B: Code Comparative Table Appendix B-7 2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES Sec. 2.17 Additional regulations for adult theaters and adult motion picture theaters Sec. 4.04.093 Sec. 2.18 Additional regulations for adult models Sec. 4.04.094 Sec. 2.19 Regulations pertaining to exhibition of sexually explicit films or videos Sec. 4.04.095 Sec. 2.20 Display of sexually explicit material to minors Sec. 4.04.096 Sec. 2.21 Enforcement Sec. 4.04.004 Sec. 2.22 Injunctive relief Sec. 4.04.005 Sec. 2.23 Amendment to this article Sec. 4.04.006 Article III Gravel Pits and Mining Operations Sec. 3.01 Classification Sec. 4.05.002 Sec. 3.02 Reclamation; restoration of land Sec. 4.05.003 Sec. 3.03 Penalty Sec. 4.05.001 Article IV Sign Regulations Sec. 4.01 Definitions Sec. 3.09.001 Sec. 4.02 Permit requirements Sec. 3.09.006 Sec. 4.03 General standards A. Purpose/applicability Sec. 3.09.003 B. Height of signs Sec. 3.09.004 C. Building and electrical codes applicable Sec. 3.09.005 D. Illuminated signs Sec. 3.09.017 E. Miscellaneous types of signs Sec. 3.09.018 F. Billboard signs - CEVMS Sec. 3.09.019(a) G CEVMS or electronic message board signs Sec. 3.09.019(b) Sec. 4.04 Traffic safety Sec. 3.09.016 Sec. 4.05 Temporary signs A. Temporary signs Sec. 3.09.061 B. Political signs Sec. 3.09.062 C. Banner signs Sec. 3.09.063 D. Real estate signs Sec. 3.09.064 E. Special purpose signs Sec. 3.09.065 Sec. 4.06 Commercial and institutional signs A. General regulations Sec. 3.09.091 B. Table of sign criteria Sec. 3.09.092 Sec. 4.07 Permissible signs not requiring permits Sec. 3.09.007 Sec. 4.08 Temporary permits Sec. 3.09.008 Sec. 4.09 Non-conforming uses Sec. 3.09.009 Sec. 4.10 Meritorious exceptions and appeals Sec. 3.09.010 Sec. 4.11 Maintenance of signs Sec. 3.09.011 Sec. 4.12 Violations Sec. 3.09.012 Sec. 4.13 Enforcement Sec. 3.09.013 Sec. 4.14 Enforcement remedies Sec. 3.09.014 Sec. 4.15 Prohibition Sec. 3.09.015 Sec. 4.16 Penalty Sec. 3.09.002 Article V Parkland Dedication and Open Space Sec. 5.01 Purpose Sec. 10.03.001 Sec. 5.02 Dedication procedures Sec. 10.03.002 Sec. 5.03 Money in lieu of land Sec. 10.03.003 Sec. 5.04 Additional requirements Sec. 10.03.004 Sec. 5.05 Credit for conveyance of floodplains Sec. 10.03.005 Sec. 5.06 Minimum park improvements Sec. 10.03.006 Sec. 5.07 Appeal Sec. 10.03.007 Town Council Page 1131 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix B: Code Comparative Table Appendix B-8 2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES Sec. 5.08 Biennial review Sec. 10.03.008 Sec. 5.09 Requirements to be satisfied prior to development Sec. 10.03.009 Sec. 5.10 Permits and services to be withheld Sec. 10.03.010 Sec. 5.11 Redetermination of requirements for proposed additional dwelling units Sec. 10.03.011 Sec. 5.12 Penalty Sec. 10.03.012 Article VI Oil and Gas Well Manual Sec. 6.01 Standards for oil and gas well drilling and production A. Generally Sec. 14.03.031 1. Compliance with the development site plan Sec. 14.03.032 2. On-site requirements Sec. 14.03.033 3. Operations and equipment practices and standards Sec. 14.03.034 4. Storage tanks and separators Sec. 14.03.035 5. Flow lines and gathering lines Sec. 14.03.036 6. Additional safety and environmental requirements Sec. 14.03.037 7. Supplemental drilling Sec. 14.03.038 8. Compliance with other laws Sec. 14.03.039 Sec. 6.02 Requirements specific to an oil and gas well development site plan Sec. 14.03.002 Sec. 6.03 Penalty Sec. 14.03.001 CHAPTER 6 - HEALTH AND SANITATION Article I Health Inspector Sec. 1.01 Health authority Sec. 6.03.001 Sec. 1.02 Payment of expenses Sec. 6.03.002 Sec. 1.02 Term of health authority Sec. 6.03.003 Sec. 1.03 A resident of the State of Texas Sec. 6.03.004 Sec. 1.05 Removal of health authority Sec. 6.03.004 Sec. 1.06 Appointment Dltd. by Ordinance adopting Code Article II Food Establishment Regulations Sec. 2.01 Adoption of Texas Food Establishment Rules Sec. 4.06.001 Sec. 2.02 Definitions Sec. 4.06.002 Sec. 2.03 Enforcement of these provisions Sec. 4.06.004 Sec. 2.04 Permits & exceptions Sec. 4.06.041 Sec. 2.05 Permit requirements Sec. 4.06.042 Sec. 2.06 Suspension of permit Sec. 4.06.043 Sec. 2.07 Revocation of permit Sec. 4.06.044 Sec. 2.08 Inspection of food establishments Sec. 4.06.005 Sec. 2.09 Examination and condemnation of food Sec. 4.06.006 Sec. 2.10 Submission and review of plans required Sec. 4.06.007 Sec. 2.11 Food protection manager required Sec. 4.06.008 Sec. 2.12 Snow cone establishments Dltd. by Ord. 2014-17 Sec. 2.13 Mobile units Sec. 4.06.009 Sec. 2.14 Penalty Sec. 4.06.003 CHAPTER 7 - MUNICIPAL COURT Article I Municipal Court of Record No. 1 Sec. 1.01 Abolition; creation Sec. 7.02.001 Sec. 1.02 Authority Sec. 7.02.002 Sec. 1.03 Commencement Sec. 7.02.003 Sec. 1.04 Judges A. Appointments Sec. 7.02.031 B. Qualifications Sec. 7.02.032 Town Council Page 1132 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix B: Code Comparative Table Appendix B-9 2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES C. Temporary vacancy Sec. 7.02.033 D. Vacancy Sec. 7.02.034 E. Removal Sec. 7.02.035 F. Judicial authority Sec. 7.02.036 Sec. 1.05 Appointment of clerk Sec. 7.02.004 Sec. 1.06 Failure to appear / violate promise to appear Sec. 7.02.005 Sec. 1.07 Driving safety fees Sec. 7.03.001 Sec. 1.08 Warrant fees Sec. 7.03.002 Sec. 1.09 Transcript preparation fee Sec. 7.03.003 Article II Presiding Judge Sec. 2.01 Appointments (of specific persons as judge) NIC CHAPTER 8 - NUISANCES Article I Noise Nuisances Sec. 1.01 Nuisances defined Sec. 8.02.003 Sec. 1.02 Lawn equipment Sec. 8.02.004 Sec. 1.03 Exemption by permit Sec. 8.02.005 Sec. 1.04 Injunctive relief Sec. 8.02.002 Sec. 1.05 Penalty Sec. 8.02.001 Article II Graffiti Sec. 2.01 Definitions Sec. 8.03.001 Sec. 2.02 Graffiti: notice of violation Sec. 8.03.003 Sec. 2.03 Penalty Sec. 8.03.002 Article III Weeds Sec. 3.01 Unlawful to permit weeds, grass or any other plant to grow higher than twelve inches Sec. 8.09.001 Sec. 3.02 Accumulation of grass, weeds and brush Sec. 8.09.002 Sec. 3.03 Removal of weeds Sec. 8.09.003 Sec. 3.04 Objectionable and unsightly matter Sec. 8.09.004 Sec. 3.05 Notice of violation Sec. 8.09.005 Sec. 3.06 Abatement of weeds A. Assessment of town’s expenses Sec. 8.09.006 B. Abatement of weeds without notice–Authorized Sec. 8.09.007(a) C. Same–Notice of abatement required Sec. 8.09.007(b) D. Same–Contents of notice Sec. 8.09.007(c) E. Same–Right to hearing Sec. 8.09.007(d) F. Same–Conduct of hearing Sec. 8.09.007(e) G. Same–Assessment of town’s expenses Sec. 8.09.007(f) H. Same–Authority additional Sec. 8.09.007(g) Sec. 3.07 Filing a complaint Sec. 8.09.008 Sec. 3.08 Penalty Sec. 8.09.009 Article IV Abandoned and Junk Vehicles Sec. 4.01 Definitions Sec. 8.08.001 Sec. 4.02 Abandoned motor vehicles A. Authority to take possession Sec. 8.08.031 B. Notice Sec. 8.08.032 C. Storage fees Sec. 8.08.033 D. Sale or other disposition 1. Sale at auction Sec. 8.08.034 2. Vehicles left in storage facility Sec. 8.08.035 3. Disposal to demolisher Sec. 8.08.036 Sec. 4.03 Junked vehicles A. Declaration of nuisances Sec. 8.08.061 B. Abatement of nuisance notice Sec. 8.08.062 Town Council Page 1133 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix B: Code Comparative Table Appendix B-10 2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES C. Procedures to abate nuisance Sec. 8.08.063 D. Exceptions Sec. 8.08.064 E. Authority to enforce Sec. 8.08.065 Sec. 4.04 Obstruction of traffic Sec. 8.08.003 Sec. 4.05 Penalty Sec. 8.08.002 Article V Outdoor Storage/Outdoor Display Sec. 5.01 Definitions Sec. 8.04.001 Sec. 5.02 Outdoor storage/display screening Sec. 8.04.003 Sec. 5.03 Outdoor storage/display screening Sec. 8.04.004 Sec. 5.04 Portable home storage units Sec. 8.04.005 Sec. 5.05 Penalty Sec. 8.04.002 CHAPTER 9 - PARKS AND RECREATION Article I Parks and Recreation Board Sec. 1.01 Definitions Sec. 1.08.031 Sec. 1.02 Board established/number of members/terms established qualifications Sec. 1.08.032 Sec. 1.03 Powers and duties of the board Sec. 1.08.033 Sec. 1.04 Procedures of the board Sec. 1.08.034 Article II Trophy Club Park Sec. 2.01 Definitions Sec. 1.08.091 Sec. 2.02 Hours open to the public/signage Sec. 1.08.092 Sec. 2.03 General prohibitions Sec. 1.08.093 Sec. 2.04 Exemptions Sec. 1.08.094 Sec. 2.05 Enabling provision Sec. 1.08.095 Sec. 2.06 Vehicles, speed and traffic Sec. 1.08.096 Sec. 2.07 Operation of all-terrain vehicles, motorcycles, mopeds and motor-driven cycles Sec. 1.08.097 Sec. 2.08 Usage fees Sec. 1.08.098 Sec. 2.09 Special event permit application procedure Sec. 1.08.121 Sec. 2.10 Reasons for special event permit denial Sec. 1.08.122 Sec. 2.11 Appeals of special event permit denial or conditional approval Sec. 1.08.123 CHAPTER 10 - PUBLIC SAFETY Article I Creation of Police Department Sec. 1.01 Creation of police department Sec. 9.05.031 Sec. 1.02 Standards Sec. 9.05.032 Sec. 1.03 Chief of police Sec. 9.05.033 Sec. 1.04 Duties of police officers Sec. 9.05.034 Sec. 1.05 Police reserve A. Creation Sec. 9.05.061 B. Authority of chief of police Sec. 9.05.062 C. Qualifications of members Sec. 9.05.063 D. Duties Sec. 9.05.064 E. Appointment of members; resignation Sec. 9.05.065 Sec. 1.06 Duties of police officers Sec. 9.05.001 Article II Traffic & Vehicles Sec. 2.01 Definitions Sec. 12.01.001 Sec. 2.02 Speed of vehicles A. Maximum speed Sec. 12.03.041 B. Speed of vehicles Sec. 12.03.042 C. Signs Sec. 12.03.043 Town Council Page 1134 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix B: Code Comparative Table Appendix B-11 2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES Sec. 2.03 Traffic control devices A. Uniformity of traffic control devices; conformance to manual Sec. 12.02.001 B. Stop signs Sec. 12.02.031 C. U-turns Sec. 12.02.032 D. Stoplights Rpld. by Ordinance adopting Code E. Compliance Sec. 12.02.002 F. Exceptions as to authorized emergency vehicles Sec. 12.02.003 G. Display of unauthorized device Sec. 12.02.004 H. Interference Sec. 12.02.005 I. Manual operation by school crossing guard Sec. 12.02.006 J. Installation and maintenance generally Sec. 12.02.007 K. Same - Evidence of authority Sec. 12.02.008 L. Emergency signs Sec. 12.02.033 Sec. 2.04 Impairing visibility Sec. 12.01.003 Sec. 2.05 Parking A. Definitions Sec. 12.04.001 B. Parking of vehicles prohibited Sec. 12.04.003 C. Parking on unapproved surfaces 1. Parking on unapproved surface Sec. 12.04.004 2. Parking near certain crosswalks Sec. 12.04.005 D. Exception for emergency vehicles Sec. 12.04.006 E. Overnight parking Sec. 12.04.008 F. Presumption Sec. 12.04.002 G. Parking for handicapped persons Sec. 12.04.009 H. Parking prohibited in specific places Sec. 12.04.007 Sec. 2.06 Overweight vehicles A. Weights and loads of vehicles; special permits Sec. 12.05.031 B. Weight of load Sec. 12.05.032 C. Application for registration to show weight and maximum load; license receipt; penalty for violation Sec. 12.05.033 D. Liability Sec. 12.05.034 E. Motor vehicle, solid waste transport, weight limitations Sec. 12.05.035 F. Weight of vehicles transporting ready-mix concrete Sec. 12.05.036 G. Weighing loaded vehicles by police officers Sec. 12.05.037 Sec. 2.07 Private streets Sec. 12.01.004 Sec. 2.08 Penalty Sec. 12.01.002 Article III Alarm Systems Sec. 3.01 Disclaimer Sec. 4.02.001 Sec. 3.02 Definitions Sec. 4.02.002 Sec. 3.03 Permit required; application, issuance Sec. 4.02.041 Sec. 3.04 Permit duration and removal Sec. 4.02.042 Sec. 3.05 Proper alarm system operation and maintenance Sec. 4.02.005 Sec. 3.06 Manual reset required Sec. 4.02.006 Sec. 3.07 Reporting of alarm signals Sec. 4.02.007 Sec. 3.08 Alarm reporting Sec. 4.02.008 Sec. 3.09 Recordkeeping Sec. 4.02.009 Sec. 3.10 Automatic dialing prohibited Sec. 4.02.010 Sec. 3.11 Alarm system operating instructions Sec. 4.02.011 Town Council Page 1135 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix B: Code Comparative Table Appendix B-12 2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES Sec. 3.12 Alarm dispatch records Sec. 4.02.012 Sec. 3.13 System performance reviews Sec. 4.02.013 Sec. 3.14 Service fee; false alarm notification Sec. 4.02.014 Sec. 3.15 Revocation of alarm permit Sec. 4.02.043 Sec. 3.16 Appeal of denial or revocation of a permit A. Request for hearing Sec. 4.02.044(a) B. Conduct of hearing Sec. 4.02.044(b) C. Responsibility for acts by agents Sec. 4.02.015 Sec. 3.17 Forfeiture of application fee upon revocation of permit Sec. 4.02.045 Sec. 3.18 Reapplication of permit after revocation Sec. 4.02.046 Sec. 3.19 Exemption of certain government bodies Sec. 4.02.004 Sec. 3.20 Penalties Sec. 4.02.003 Article IV Peddlers and Solicitors Sec. 4.01 Definitions Sec. 4.03.001 Sec. 4.02 Commercial solicitation A. Permit required Sec. 4.03.031 B. Affirmative defenses to permit requirement Sec. 4.03.032 C. Application for permit Sec. 4.03.033 D. Issuance of permits; bond required Sec. 4.03.034 E. Permit holders and identification cards Sec. 4.03.035 F. Appeal from denial or revocation of permit Sec. 4.03.036 G. Prohibited conduct Sec. 4.03.037 H. Sale of fresh or frozen meats and seafood prohibited on public property Sec. 4.03.038(a) I. Sale of fresh or frozen meats or seafood by itinerant vendors prohibited Sec. 4.03.038(b) J. Unlawful to solicit occupants of vehicles on paved surface or shoulder of public streets Sec. 4.03.039(a) K. Unlawful to solicit or to erect structures on public property Sec. 4.03.039(b) L. Newspaper and publication sales Sec. 4.03.039(c) M. Major thoroughfares Sec. 4.03.039(d) N. Child solicitations - Supervision of child solicitors Sec. 4.03.040 Sec. 4.03 Charitable solicitations A. Permit required/display of proof Sec. 4.03.071 B. Affirmative defenses Sec. 4.03.072 C. Application - Same information to be contained Sec. 4.03.073 D. Issuance of permit/duration of permit Sec. 4.03.074 E. Appeal from permit denial or revocation Sec. 4.03.075 F. Responsibility for acts of solicitors Sec. 4.03.076 G. Certain methods of solicitation prohibited Sec. 4.03.077 Sec. 4.04 Religious solicitations A. Registration requirement Sec. 4.03.101 B. Form of registration Sec. 4.03.102 C. Registration card Sec. 4.03.103 D. Certain methods of solicitations prohibited Sec. 4.03.104 Sec. 4.05 Approved times for solicitations Sec. 4.03.003 Sec. 4.06 Penalty Sec. 4.03.002 Article V Discharge of Firearms Sec. 5.01 Discharge of firearms prohibited Sec. 8.05.002 Sec. 5.02 Penalty Omitted by Ord. 2011-21 Town Council Page 1136 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix B: Code Comparative Table Appendix B-13 2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES Article VI Use of Fireworks Sec. 6.01 Definitions Sec. 5.03.001 Sec. 6.02 General prohibition against manufacture, sale, discharge transportation, etc. Sec. 5.03.003 Sec. 6.03 Permitted transportation Sec. 5.03.004 Sec. 6.04 Certain signal flares, torpedoes and rockets exempt Sec. 5.03.005 Sec. 6.05 Toy pistol caps containing less than twenty-five one- hundredths rains of explosive compounds excepted Sec. 5.03.006 Sec. 6.06 Illegal fireworks as nuisance; seizure and destruction, etc. Sec. 5.03.007 Sec. 6.07 Right of entry to enforce ordinance Sec. 5.03.008 Sec. 6.08 Public displays - when permitted Sec. 5.03.031 Sec. 6.09 Application for permit Sec. 5.03.032 Sec. 6.10 Issuance or denial and term of permit; permit not transferable Sec. 5.03.033 Sec. 6.11 Insurance or bond required Sec. 5.03.034 Sec. 6.12 Only aerial displays permitted Sec. 5.03.035 Sec. 6.13 Material not to be stored in town Sec. 5.03.036 Sec. 6.14 Hazardous conditions prohibited Sec. 5.03.037 Sec. 6.15 Qualifications of person handling fireworks Sec. 5.03.038 Sec. 6.16 Firemen to be present Sec. 5.03.039 Sec. 6.17 Violations Rpld. by Ordinance adopting Code Sec. 6.18 Time within which to comply; five thousand feet Sec. 5.03.009 Sec. 6.19 Penalty Sec. 5.03.002 Article VII Emergency Situations Sec. 7.1 Response to emergency A. Generally Sec. 9.02.001 B. Emergency vehicles used for law enforcement Sec. 12.01.006 Article VIII Comprehensive Emergency Management Sec. 8.01 Organization Sec. 1.06.001 Sec. 8.02 Emergency management director - powers and duties Sec. 1.06.002 Sec. 8.03 Emergency management plan Sec. 1.06.003 Sec. 8.04 Interjurisdictional program Sec. 1.06.004 Sec. 8.05 Override Sec. 1.06.005 Sec. 8.06 Liability Sec. 1.06.006 Sec. 8.07 Commitment of funds Sec. 1.06.007 Sec. 8.08 Offenses; penalties Sec. 1.06.008 Sec. 8.09 Penalty Sec. 1.06.009 Article IX Sale of Vehicles on Private or Public Streets Sec. 9.01 Prohibition Sec. 8.01.001(a) Sec. 9.02 Penalty Sec. 8.01.001(b) Article X Emergency Medical Services Sec. 10.01 Definitions Sec. 6.02.001 Sec. 10.02 Emergency medical service provided by town Sec. 6.02.003 Sec. 10.03 Fee Sec. 6.02.004 Sec. 10.04 Responsibility to pay fee Sec. 6.02.005 Sec. 10.05 Where fees incurred Sec. 6.02.006 Sec. 10.06 False statement of emergency Sec. 6.02.007 Sec. 10.07 Penalty Sec. 6.02.002 Article XI Motor Assisted Scooters Sec. 11.01 Definitions Sec. 12.06.001 Town Council Page 1137 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix B: Code Comparative Table Appendix B-14 2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES Sec. 11.02 Restrictions and prohibition for motor assisted scooters Sec. 12.06.003 Sec. 11.03 Penalty Sec. 12.06.002 Article XII Registered Sex Offenders Sec. 12.01 Definitions Sec. 8.06.001 Sec. 12.02 Offenses Sec. 8.06.002 Sec. 12.03 Evidentiary matters; measurements Sec. 8.06.003 Sec. 12.04 Culpable mental state not required Sec. 8.06.004 Sec. 12.05 Affirmative defenses Sec. 8.06.005 Sec. 12.06 Penalty Sec. 8.06.006 Sec. 12.07 1,000' safety zone map Sec. 8.06.007 Article XIII Fire Marshal’s Office Sec. 13.01 Creation of fire marshal’s office Sec. 5.02.001 Sec. 13.02 Standards Sec. 5.02.002 Sec. 13.03 Fire marshal - authority and duties Sec. 5.02.003 Sec. 13.04 Duties of arson investigators Sec. 5.02.004 Sec. 13.05 Arson investigator reserve force Sec. 5.02.005 CHAPTER 11 - PUBLIC WORKS Article I Refuse, Recyclable, and Hazardous Waste Materials Sec. 1.01 Definitions Sec. 13.02.001 Sec. 1.02 Duties of a residential customer Sec. 13.02.002 Sec. 1.03 Residential collection of brush Sec. 13.02.003 Sec. 1.04 Residential collection charges Sec. 13.02.004 Sec. 1.05 Residential collection of hazardous waste materials Sec. 13.02.005 Sec. 1.06 Removal of debris Sec. 13.02.006 Sec. 1.07 Duties of commercial, institutional, industrial and residential customers Sec. 13.02.007 Sec. 1.08 Commercial, institutional and industrial collection Sec. 13.02.008 Sec. 1.09 Prohibited acts Sec. 13.02.009 Article II Scavenging Refuse Sec. 2.01 Definitions Sec. 13.02.041 Sec. 2.02 Scavenging discarded material prohibited Sec. 13.02.043 Sec. 2.03 Exceptions Sec. 13.02.044 Sec. 2.04 Penalty Sec. 13.02.042 Article III Management of Public Right(s) of Way Sec. 3.01 Definitions Sec. 13.04.001 Sec. 3.02 Provider registration; permitting and notice requirements Sec. 13.04.003 Sec. 3.03 Right(s)-of-way and construction Sec. 13.04.004 Sec. 3.04 Construction/maintenance/repair Sec. 13.04.005 Sec. 3.05 Trees/landscaping Sec. 13.04.006 Sec. 3.06 Attachments to space in ducts Sec. 13.04.007 Sec. 3.07 Temporary removal of aerial wires Sec. 13.04.008 Sec. 3.08 Restoration Sec. 13.04.009 Sec. 3.09 Safety Sec. 13.04.010 Sec. 3.10 Provider responsibility Sec. 13.04.011 Sec. 3.11 Insurance Sec. 13.04.012 Sec. 3.12 Penalty Sec. 13.04.002 Sec. 3.13 Governing law Sec. 13.04.013 Sec. 3.14 Indemnity Sec. 13.04.014 Sec. 1.15 [sic] Surety Sec. 13.04.015 Town Council Page 1138 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix B: Code Comparative Table Appendix B-15 2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES Sec. 3.16 Director’s authority/enforcement/offenses Sec. 13.04.016 Sec. 3.17 Venue Sec. 13.04.017 Sec. 3.18 Notice Sec. 13.04.018 Article IV Public Stormwater Drainage Utility Sec. 4.01 Definitions Sec. 13.03.001 Sec. 4.02 Adoption of findings Sec. 13.03.003 Sec. 4.03 Designation of program responsibility Sec. 13.03.004 Sec. 4.04 Exemption Sec. 13.03.005 Sec. 4.05 Penalty clause Sec. 13.03.002 Article V Stormwater Drainage Fees Sec. 5.01 Definitions Sec. 13.03.031 Sec. 5.02 Findings and determinations Sec. 13.03.032 Sec. 5.03 Stormwater drainage utility fees schedule Sec. 13.03.033 Sec. 5.04 Billing, payment, and penalties Sec. 13.03.034 Sec. 5.05 Adjustment of fees Sec. 13.03.035 Sec. 5.06 Stormwater drainage utility fund Sec. 13.03.036 Sec. 5.07 Exemption Sec. 13.03.037 Sec. 5.08 Penalty Omitted by Ord. 2012-01 Article VI Stormwater Runoff Sec. 6.01 General provisions Sec. 3.14.001 Sec. 6.02 Definitions Sec. 3.14.002 Sec. 6.03 Conduct and affirmative defenses - prohibited Sec. 3.14.005 Sec. 6.04 Nuisances Sec. 3.14.006 Sec. 6.05 Runoff from construction activity Sec. 3.14.007 Sec. 6.06 Erosion control deposit account Sec. 3.14.008 Sec. 6.07 Maintenance and repair of storm water facilities Sec. 3.14.009 Sec. 6.08 Administration and enforcement Sec. 3.14.004 Sec. 6.09 Penalty Sec. 3.14.003 Article VII Septic Tanks Sec. 7.01 Construction Sec. 13.01.001(a) Sec. 7.02 Exemption Sec. 13.01.001(b) Sec. 7.03 Penalty Sec. 13.01.001(c) Article VIII Lawn and Landscape Irrigation Conservation Sec. 8.01 Restrictions Sec. 1.10.062 Sec. 8.02 Rain-sensing devices and freeze gauges Sec. 1.10.063 Sec. 8.03 Variance Sec. 1.10.064 Sec. 8.04 Appeals Sec. 1.10.065 Sec. 8.05 Exemptions Sec. 1.10.066 Sec. 8.06 Penalty Sec. 1.10.061 Article IX Drought Contingency Measures Sec. 9.01 Declaration of policy, purpose, and intent Sec. 1.10.091 Sec. 9.02 Applicability (this section combined with “policy, purpose and intent” by Ordinance 2013-13) Sec. 1.10.091 Sec. 9.03 Definitions Sec. 1.10.093 Sec. 9.04 Notification Sec. 1.10.095 Sec. 9.05 Stage 1 drought conditions - prohibited conduct and exceptions Sec. 1.10.096 Sec. 9.06 Stage 2 drought conditions - prohibited conduct and exceptions Sec. 1.10.097 Sec. 9.07 Stage 3 drought conditions - prohibited conduct and exceptions Sec. 1.10.098 Town Council Page 1139 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix B: Code Comparative Table Appendix B-16 2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES Sec. 9.08 Termination of restrictions Sec. 1.10.099 Sec. 9.09 Enforcement Sec. 1.10.094 CHAPTER 12 - SUBDIVISION RULES AND REGULATIONS Article I General Provisions and Requirements Sec. 1.01 Title Sec. 10.02.001 Sec. 1.02 Authority Sec. 10.02.002 Sec. 1.03 Purpose Sec. 10.02.003 Sec. 1.04 Conditions Sec. 10.02.004 Sec. 1.05 Jurisdiction Sec. 10.02.005 Sec. 1.06 Consistency with plans and ordinances Sec. 10.02.006 Sec. 1.07 Special provisions Sec. 10.02.007 Sec. 1.08 Interpretation / conflict Sec. 10.02.008 Sec. 1.09 Amendments Sec. 10.02.009 Article II Definitions Sec. 2.01 General Sec. 10.02.031 Sec. 2.02 Definitions Sec. 10.02.032 Article III General Plat Submittal Requirements Sec. 3.01 Requirements to plat Sec. 10.02.061 Sec. 3.02 Preliminary conference Sec. 10.02.062 Sec. 3.03 Plat submittal Sec. 10.02.063 Sec. 3.04 Approval procedure - overview Sec. 10.02.064 Sec. 3.05 Criteria for plat approval Sec. 10.02.065 Sec. 3.06 Staff review of plat application Sec. 10.02.066 Sec. 3.07 Preliminary plats Sec. 10.02.067 Sec. 3.08 Final plats Sec. 10.02.068 Sec. 3.09 Vacation instrument, replatting and amended plats Sec. 10.02.069 Sec. 3.10 Short form plats Sec. 10.02.070 Sec. 3.11 Dedication Sec. 10.02.071 Sec. 3.12 Provision of utility service Sec. 10.02.072 Sec. 3.13 Undergrounding of utilities Sec. 10.02.073 Article IV Improvements Sec. 4.01 Responsibility for construction Sec. 10.02.101 Sec. 4.02 Prior approval of engineering designs Sec. 10.02.102 Sec. 4.03 Inspections Sec. 10.02.103 Sec. 4.04 As-built plans Sec. 10.02.104 Sec. 4.05 Engineer’s certificate Sec. 10.02.105 Article V Improvements Sec. 5.01 General Sec. 10.02.131 Sec. 5.02 Blocks Sec. 10.02.132 Sec. 5.03 Lots Sec. 10.02.133 Sec. 5.04 Streets Sec. 10.02.134 Sec. 5.05 Sidewalks and extra width paths Sec. 10.02.135 Sec. 5.06 Storm drainage Sec. 10.02.136 Sec. 5.07 Water, sewer and fire Sec. 10.02.137 Sec. 5.08 Utility easements Sec. 10.02.138 Sec. 5.09 Monuments Sec. 10.02.139 Sec. 5.10 Natural tree and ground cover Sec. 10.02.140 Article VI Enforcement Sec. 6.01 General Sec. 10.02.171 Sec. 6.02 Penalty for violators of regulations Sec. 10.02.172 Sec. 6.03 Town attorney’s authority Sec. 10.02.173 Sec. 6.04 Waivers to subdivision regulations Sec. 10.02.174 Town Council Page 1140 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix B: Code Comparative Table Appendix B-17 2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES Article VII Developer’s Agreement, Financial Assurance and Construction Contracts for Public Improvements Sec. 7.01 Procedures Sec. 10.02.201 Sec. 7.02 Performance bonds, payment bonds, maintenance bonds & financial assurances Sec. 10.02.202 Sec. 7.03 Inspections and approval of public improvements Sec. 10.02.203 Sec. 7.04 Deferral or waiver of required improvements Sec. 10.02.204 Sec. 7.05 General construction requirements Sec. 10.02.205 Sec. 7.06 Approval of work Sec. 10.02.206 Sec. 7.07 Ownership and maintenance of completed public facilities Sec. 10.02.207 Sec. 7.08 Refund to developer from future connection to sanitary sewer system Sec. 10.02.208 Article VIII Tree Preservation and Removal Sec. 8.01 Definitions Sec. 10.02.241 Sec. 8.02 Tree board Sec. 10.02.242 Sec. 8.03 Tree preservation Sec. 10.02.243 Sec. 8.04 Information assistance Sec. 10.02.244 Sec. 8.05 Protected trees Sec. 10.02.245 Sec. 8.06 Specimen trees Sec. 10.02.246 Sec. 8.07 Majestic or historic trees Sec. 10.02.247 Sec. 8.08 Tree removal and replacement Sec. 10.02.248 Sec. 8.09 Tree protection measures Sec. 10.02.249 Sec. 8.10 Tree permits Sec. 10.02.250 Sec. 8.11 Land-disturbing activities Sec. 10.02.251 Sec. 8.12 Appeals Sec. 10.02.252 Sec. 8.13 Penalty Sec. 10.02.010 CHAPTER 13 - ZONING Article I Intent, Purpose and Methods Sec. 1.01 Short title Sec. 14.02.001 Sec. 1.02 Purpose Sec. 14.02.002 Sec. 1.03 Official zoning map Sec. 14.02.003 Sec. 1.04 Rules for interpretation of district boundaries Sec. 14.02.004 Sec. 1.05 General provisions Sec. 14.02.005 Sec. 1.06 Newly annexed territory Sec. 14.02.006 Sec. 1.07 Zoning designation of vacated streets and alleys Sec. 14.02.007 Sec. 1.08 Water areas Sec. 14.02.008 Article II Definitions Sec. 2.01 Catchlines Sec. 14.02.051 Sec. 2.02 General definitions Sec. 14.02.052 Article III Establishment of Districts Sec. 3.01 District classifications Sec. 14.02.101 Sec. 3.02 Classification of new and unlisted properties Sec. 14.02.102 Sec. 3.02 Classification of new and unlisted properties [Renumbered and renamed as sec. 3.03, Use table, by Ord. 2011-17] Sec. 14.02.103 Article IV District Regulations Sec. 4.01 R-15 Single Family District regulations Sec. 14.02.151 Sec. 4.02 R-12 Single Family District regulations Sec. 14.02.152 Sec. 4.03 R-11 Single Family District regulations Sec. 14.02.153 Sec. 4.04 R-10 Single Family District regulations Sec. 14.02.154 Sec. 4.05 R-9 Single Family District regulations Sec. 14.02.155 Town Council Page 1141 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix B: Code Comparative Table Appendix B-18 2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES Sec. 4.06 R-8 Single Family District regulations Sec. 14.02.156 Sec. 4.07 R-FV Single Family District regulations Sec. 14.02.157 Sec. 4.08 R-TT Twenty in Trophy Single Family District regulations Sec. 14.02.158 Sec. 4.09 R-OH Oak Hill Single Family District regulations Sec. 14.02.159 Sec. 4.10 R-OHP Oak Hill Patio Single Family District regulations Sec. 14.02.160 Sec. 4.11 R-S Summit Single Family District regulations Sec. 14.02.161 Sec. 4.12 MH-HUD Code Manufactured Home and Industrialized Housing District regulations Sec. 14.02.162 Sec. 4.13 PD - Planned Development District regulations Sec. 14.02.163 Sec. 4.14 NS - Neighborhood Service District regulations Sec. 14.02.164 Sec. 4.15 CG - Commercial General District regulations Sec. 14.02.165 Sec. 4.16 CR - Commercial Recreation District regulations Sec. 14.02.166 Sec. 4.17 PO - Professional Office District regulations Sec. 14.02.167 Sec. 4.18 GU - Government Use District regulations Sec. 14.02.168 Sec. 4.19 H - Historic Landmark District regulations Sec. 14.02.169 Article V Supplementary District Regulations Sec. 5.01 Temporary uses Sec. 14.02.251 Sec. 5.02 Sale of alcoholic beverages Sec. 14.02.252 Sec. 5.03 Accessory structures and uses Sec. 14.02.253 Sec. 5.04 Height limits Sec. 14.02.254 Sec. 5.05 Required yards Sec. 14.02.255 Sec. 5.06 Projections into required yards Sec. 14.02.256 Sec. 5.07 Right-of-way and easement dedication requirements Sec. 14.02.257 Sec. 5.08 Nonconforming uses and structures Sec. 14.02.258 Sec. 5.09 Site plan requirements Sec. 14.02.259 Sec. 5.10 Wireless antennas & antenna facilities Sec. 14.02.260 Sec. 5.11 Home occupations Sec. 14.02.261 Sec. 5.12 Oil and gas well drilling & production Sec. 14.02.262 Article VI Conditional & Specific Uses Sec. 6.01 Conditional use permits Sec. 14.02.301 Sec. 6.02 Specific use permit Sec. 14.02.302 Article VII Development & Design Standards Sec. 7.01 Fencing, retaining walls & screening Sec. 14.02.351 Sec. 7.02 Deleted in revision Sec. 7.03 Landscaping regulations Sec. 14.02.352 Sec. 7.04 Off-street parking regulations Sec. 14.02.353 Sec. 7.05 Off-street loading regulations Sec. 14.02.354 Sec. 7.06 Parking and loading area development standards for non-residential uses Sec. 14.02.355 Article VIII Administration & Enforcement Sec. 8.01 Administration & enforcement Sec. 14.02.401 Sec. 8.02 Certificates of occupancy & compliance Sec. 14.02.402 Sec. 8.03 Amendments Sec. 14.02.403 Sec. 8.04 Planning & zoning commission Sec. 14.02.404 Sec. 8.05 Zoning board of adjustment Sec. 14.02.405 Sec. 8.06 Public hearings Sec. 14.02.406 Sec. 8.07 Exceptions and exemptions not required to be negated Sec. 14.02.407 Sec. 8.08 Penalty Sec. 14.02.408 Town Council Page 1142 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix B: Code Comparative Table Appendix B-19 2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES Article IX Illustrations Sec. 9.01 First floor designation and measurement of height of structure Sec. 14.02.451 Sec. 9.02 Height measurement for primary structure and accessory building Sec. 14.02.452 Sec. 9.03 Determining set-back distance along curved property lines Sec. 14.02.453 Sec. 9.04 Method of measuring front yard Sec. 14.02.454 Sec. 9.05 Front yard where zoning changes in a block Sec. 14.02.455 Sec. 9.06 Lot width Sec. 14.02.456 Sec. 9.07 Lot depth Sec. 14.02.457 Sec. 9.08 Yards Sec. 14.02.458 Sec. 9.09 Obstruction zones Sec. 14.02.459 Sec. 9.10 Sight distance zone (plan view) Sec. 14.02.460 CHAPTER 15 - TAXATION Article I Hotel/Motel Occupancy Tax Sec. 1.01 Definitions Sec. 11.02.001 Sec. 1.02 Levy of tax Sec. 11.02.002 Sec. 1.03 Exemptions and refunds Sec. 11.02.003 Sec. 1.04 Reports / records Sec. 11.02.004 Sec. 1.05 Tax collection Sec. 11.02.005 Sec. 1.06 Use of tax revenue Sec. 11.02.006 Sec. 1.07 Criminal penalty Sec. 11.02.007 Article II Penalty for Collection Costs for Delinquent Taxes and Assessments Sec. 2.01 Penalty for collection costs for delinquent taxes and assessments Sec. 11.01.001 Town Council Page 1143 of 1236 Meeting Date: February 9, 2016 Town Council Page 1144 of 1236 Meeting Date: February 9, 2016 Appendix C-1 APPENDIX C ORDINANCE DISPOSITION TABLE This table shows the location or gives the disposition of the ordinances within the Trophy Club Code of Ordinances. The abbreviation “NIC” means the ordinance is not included in this code, though not necessarily repealed. In the “Supp. No.” column, the letters “CA” indicate the ordinance was published in the original code as adopted. When an ordinance has been added as part of a code supplement, the supplement number will be added accordingly. Ord. No. Date Description Disposition Supp. No. 85-19 6/24/85 Secs. I, II Septic tanks, cesspools and privies Sec. 13.01.001 CA 85-23 3/23/87 Displaying or posting sign for purpose of selling vehicle Sec. 8.01.001 CA 1985-25 10/14/85 Gravel pits Sec. I Zoning regulations; permit Sec. 4.05.002 CA Sec. II Reclamation and restoration of land Sec. 4.05.003 CA Penalty Sec. 4.05.001 CA 85-26 10/28/85 Discharge of firearms Sec. 8.05.002 CA 86-02 1/13/86 Fireworks Sec. I Definitions Sec. 5.03.001 CA Sec. III General prohibition Sec. 5.03.003 CA Sec. III Permitted transportation Sec. 5.03.004 CA Sec. IV Exemption of signal flares and starter’s pistols Sec. 5.03.005 CA Sec. V Exemption of toy pistol caps Sec. 5.03.006 CA Sec. VI Illegal fireworks declared nuisance; seizure and destruction; injunctive relief Sec. 5.03.007 CA Sec. VII Right of entry Sec. 5.03.008 CA Sec. VIII Public displays generally Sec. 5.03.031 CA Sec. IX Public displays application for permit Sec. 5.03.032 CA Sec. X Public displays issuance or denial of permit; duration; transfer Sec. 5.03.033 CA Sec. XI Public displays insurance and bond Sec. 5.03.034 CA Sec. XII Public displays aerial displays permitted Sec. 5.03.035 CA Sec. XIII Public displays material not to be stored in town Sec. 5.03.036 CA Sec. XIV Public displays hazardous conditions prohibited Sec. 5.03.037 CA Sec. XV Qualifications of person handling fireworks for public displays Sec. 5.03.038 CA Sec. XVI Firemen to be present for public displays Sec. 5.03.039 CA Town Council Page 1145 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-2 Ord. No. Date Description Disposition Supp. No. 86.02, cont’d. Sec. XVII Violations Rpld. by Ordinance adopting Code CA Sec. XVIII Grace period Sec. 5.03.009 CA Sec. XXI Penalty Sec. 5.03.002 CA 86-06 2/10/86 Apartment complex licensing Sec. II Definitions Sec. 3.10.001 CA Sec. III License required Sec. 3.10.003 CA Sec. IV Application for license; expiration; change of ownership or management Sec. 3.10.004 CA Sec. V License fee Sec. 3.10.005 CA Sec. VI Display of license; replacement license; transfer Sec. 3.10.006 CA Sec. VII Licensing standards Sec. 3.10.007 CA Sec. VIII Inspections; cancellation of license Sec. 3.10.008 CA Sec. IX Appeals Sec. 3.10.009 CA Sec. X Penalty Sec. 3.10.002 CA 86-07 2/10/86 Single-family residence licensing Sec. II Definitions Sec. 3.11.001 CA Sec. III License required Sec. 3.11.003 CA Sec. IV Application for license; expiration; change of ownership or management Sec. 3.11.004 CA Sec. V License fee Sec. 3.11.005 CA Sec. VI Display of license; replacement license; transfer Sec. 3.11.006 CA Sec. VII Licensing standards Sec. 3.11.007 CA Sec. VIII Inspections; cancellation of license Sec. 3.11.008 CA Sec. IX Appeals Sec. 3.11.009 CA Sec. X Penalty Sec. 3.11.002 CA 86-12 4/14/86 Peddlers and solicitors Sec. II Definitions Sec. 4.03.001 CA Sec. III Commercial solicitation Secs. 4.03.031–4.03.040 CA Sec. IV Charitable solicitation Secs. 4.03.071–4.03.077 CA Sec. V Religious solicitation Secs. 4.03.101–4.03.104 CA Sec. VI Hours and days of operation Sec. 4.03.003 CA Sec. VIII Penalty Sec. 4.03.002 CA 87-05 2/23/87 Weeds, refuse or other objectionable matter Sec. 3 Removal Sec. 8.09.003 CA Sec. 4 Objectionable and unsightly vegetation defined Sec. 8.09.004 CA Sec. 5 Notice of violation; performance of work by town Sec. 8.09.005 CA Sec. 6 Assessment of town’s expenses; abatement of weeds without prior notice Secs. 8.09.006, 8.09.007 CA Sec. 7 Requirements prior to filing of complaint or other legal action Sec. 8.09.008 CA Sec. 8 Penalty Sec. 8.09.009 CA Town Council Page 1146 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-3 Ord. No. Date Description Disposition Supp. No. 87-07 3/23/87 Emergency management Sec. I Organization Sec. 1.06.001 CA Sec. II Powers and duties of emergency management director Sec. 1.06.002 CA Sec. III Emergency management plan Sec. 1.06.003 CA Sec. IV Interjurisdictional program Sec. 1.06.004 CA Sec. V Override Sec. 1.06.005 CA Sec. VI Liability Sec. 1.06.006 CA Sec. VII Commitment of funds Sec. 1.06.007 CA Sec. VIII Offenses Sec. 1.06.008 CA Sec. XI Penalty Sec. 1.06.009 CA 87-18 8/10/87 Building official Appointment Sec. 3.02.001 CA Authority Sec. 3.02.002 CA 87-26 11/11/87 Health authority Sec. II Established; duties Sec. 6.03.001 CA Sec. III Payment of expenses Sec. 6.03.002 CA Sec. IV Appointment; term; qualifications; oath Sec. 6.03.003 CA Sec. V Removal Sec. 6.03.004 CA Sec. VI Designation Dltd. by Ordinance adopting Code CA 88-05 1/18/88 Health authority established; duties Sec. 6.03.001 CA 88-27 12/12/88 Noise Sec. I Declaration of nuisance Sec. 8.02.003 CA Sec. II Exception for lawn equipment and agricultural equipment Sec. 8.02.004 CA Sec. III Permit Sec. 8.02.005 CA Sec. IV Injunctive relief Sec. 8.02.002 CA Sec. V Penalty Sec. 8.02.001 CA 90-15 10/24/90 Police Sec. I Police department created Sec. 9.05.031 CA Sec. II Qualifications of officers Sec. 9.05.032 CA Sec. III Chief of police Sec. 9.05.033 CA Sec. IV Police department duties Sec. 9.05.034 CA Sec. V Police reserve Creation Sec. 9.05.061 CA Police reserve; Authority of chief of police Sec. 9.05.062 CA Police reserve; Qualifications of members Sec. 9.05.063 CA Police reserve; Duties Sec. 9.05.064 CA Police reserve; Appointment of members; termination of membership Sec. 9.05.065 CA Sec. VI Office of marshal abolished Sec. 9.05.001 CA 92-03 2/18/92 Emergency medical services Sec. II Definitions Sec. 6.02.001 CA Sec. III Provision of service by town Sec. 6.02.003 CA Sec. IV Fee schedule Sec. 6.02.004 CA Sec. V Responsibility for payment of fee Sec. 6.02.005 CA Sec. VI Due date for payment of fee Sec. 6.02.006 CA Sec. VII False statement of emergency Sec. 6.02.007 CA Sec. VII Penalty Sec. 6.02.002 CA Town Council Page 1147 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-4 Ord. No. Date Description Disposition Supp. No. 92-11 5/19/92 Solid waste Sec. II Definitions Sec. 13.02.001 CA 92-04A 8/17/93 Forms survey Sec. 3.01.001 CA 92-14 5/19/92 Abandoned or junked vehicles Sec. I Definitions Sec. 8.08.001 CA Penalty Sec. 8.08.002 CA Immediate removal of vehicles obstructing traffic Sec. 8.08.003 CA Abandoned vehicles Sec. 8.08.031–8.08.036 CA Junked vehicles Secs. 8.08.061–8.08.065 CA 92-15 5/19/92 Law enforcement emergency vehicles Sec. I Generally Sec. 9.02.001 CA Operation of law enforcement emergency vehicle without using warning devices Sec. 12.01.006 CA 92-16 5/19/92 Alarm systems Sec. II Disclaimer Sec. 4.02.001 CA Sec. III Definitions Sec. 4.02.002 CA Sec. IV Required; application; issuance Sec. 4.02.041 CA Sec. V Duration; transfer Sec. 4.02.042 CA Sec. VI Proper operation and maintenance; duties of permittee Sec. 4.02.005 CA Sec. VII Manual reset Sec. 4.02.006 CA Sec. VIII Use of relaying intermediary Sec. 4.02.007 CA Sec. IX Alarm reporting Sec. 4.02.008 CA Sec. X Records of alarm businesses Sec. 4.02.009 CA Sec. XI Automatic dialing prohibited Sec. 4.02.010 CA Sec. XII Operating instructions to be maintained at alarm site Sec. 4.02.011 CA Sec. XIII Dispatch records Sec. 4.02.012 CA Sec. XIV System performance reviews Sec. 4.02.013 CA Sec. XV False alarm service fees Sec. 4.02.014 CA Sec. XVI Grounds for revocation Sec. 4.02.043 CA Sec. XVII Responsibility for acts by agents Sec. 4.02.015 CA Sec. XVII Appeals Sec. 4.02.044 CA Sec. XVIII Forfeiture of fee upon revocation of permit Sec. 4.02.045 CA Sec. XIX Reapplication after revocation Sec. 4.02.046 CA Sec. XIX Applicability to government bodies Sec. 4.02.004 CA Sec. XXIII Offenses; penalty Sec. 4.02.003 CA 92-21 2/15/92 Alarm systems Sec. II Disclaimer Sec. 4.02.001 CA Sec. III Definitions Sec. 4.02.002 CA Sec. IV Required; application; issuance Sec. 4.02.041 CA Sec. V Duration; transfer Sec. 4.02.042 CA Sec. VI Proper operation and maintenance; duties of permittee Sec. 4.02.005 CA Town Council Page 1148 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-5 Ord. No. Date Description Disposition Supp. No. 92-21, cont’d. Sec. VII Manual reset Sec. 4.02.006 CA Sec. VIII Use of relaying intermediary Sec. 4.02.007 CA Sec. IX Alarm reporting Sec. 4.02.008 CA Sec. X Records of alarm businesses Sec. 4.02.009 CA Sec. XI Automatic dialing prohibited Sec. 4.02.010 CA Sec. XII Operating instructions to be maintained at alarm site Sec. 4.02.011 CA Sec. XIII Dispatch records Sec. 4.02.012 CA Sec. XIV System performance reviews Sec. 4.02.013 CA Sec. XV False alarm service fees Sec. 4.02.014 CA Sec. XVI Grounds for revocation Sec. 4.02.043 CA Sec. XVII Responsibility for acts by agents Sec. 4.02.015 CA Sec. XVII Appeals Sec. 4.02.044 CA Sec. XVIII Forfeiture of fee upon revocation of permit Sec. 4.02.045 CA Sec. XIX Reapplication after revocation Sec. 4.02.046 CA Sec. XIX Applicability to government bodies Sec. 4.02.004 CA Sec. XXIII Offenses; penalty Sec. 4.02.003 CA 92-22 2/15/92 Peddlers and solicitors Sec. II Definitions Sec. 4.03.001 CA Sec. III Commercial solicitation Secs. 4.03.031–4.03.039 CA Sec. IV Charitable solicitation Secs. 4.03.071–4.03.077 CA Sec. V Religious solicitation Secs. 4.03.101–4.03.104 CA Sec. VI Child solicitors Sec. 4.03.040 CA Sec. IX Penalty Sec. 4.03.002 CA 95-12 7/18/95 Swimming pools Sec. II Definitions Sec. 3.07.001 CA Sec. III Applicability; prohibitions Sec. 3.07.003 CA Exceptions Sec. 3.07.004 CA Sec. IV Permit application; fees Secs. 3.07.031, 3.07.032 CA Standards Secs. 3.07.061–3.07.070 CA Sec. V Appeals Sec. 3.07.007 CA Sec. VIII Penalty Sec. 3.07.002 CA 95-22 11/21/95 Roofing requirements Sec. II Definitions Sec. 3.06.001 CA Sec. IV Wood shingles and wood shakes prohibited Sec. 3.06.006 CA Sec. V Roof repair permit Sec. 3.06.003 CA Sec. VI Compliance with Uniform Building Code Sec. 3.06.007 CA Sec. VIII Penalty Sec. 3.06.002 CA 87-05A 5/7/96 Weeds, refuse or other objectionable matter Sec. I Prohibited conditions on private property Sec. 8.09.001 CA Prohibited conditions in area between property line and street Sec. 8.09.002 CA Town Council Page 1149 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-6 Ord. No. Date Description Disposition Supp. No. 1997-05 3/18/97 Flood damage prevention Art. I Findings of fact Sec. 3.13.001 CA Statement of purpose Sec. 3.13.002 CA Methods of reducing flood losses Sec. 3.13.003 CA Art. II Definitions Sec. 3.13.004 CA Art. III General provisions Sec. 3.13.005 CA Art. IV Administration Sec. 3.13.006 CA Art. V Flood hazard reduction standards Sec. 3.13.007 CA 97-08 3/18/97 Weeds, refuse or other objectionable matter Sec. I Prohibited conditions on private property Sec. 8.09.001 CA Prohibited conditions in area between property line and street Sec. 8.09.002 CA Notice of violation; performance of work by town Sec. 8.09.005 CA Assessment of town’s expenses; abatement of weeds without prior notice Secs. 8.09.006, 8.09.007 CA 97-13 5/13/97 Dangerous buildings Sec. 1 Definitions Sec. 3.05.001 CA Sec. 2 Powers of town council Sec. 3.05.004 CA Sec. 3 Hearing procedures Sec. 3.05.005 CA Sec. 4 Order of town council Sec. 3.05.006 CA Sec. 5 Failure to comply with order Sec. 3.05.007 CA Sec. 6 Minimum standards; responsibilities of owner Sec. 3.05.008 CA Sec. 7 Lien for town’s expenses and civil penalty; civil action to recover expenses Sec. 3.05.009 CA Sec. 8 Uniform Code for the Abatement of Dangerous Buildings adopted Sec. 3.05.003 CA Sec. 10 Penalty Sec. 3.05.002 CA 1998-07 4/7/98 Sexually oriented businesses Sec. I Purpose and intent Sec. 4.04.001 CA Sec. II Definitions Sec. 4.04.002 CA Sec. III Classifications Sec. 4.04.003 CA Sec. IV License required; application Sec. 4.04.031 CA Sec. V License issuance Sec. 4.04.032 CA Sec. VI License fee Sec. 4.04.033 CA Sec. VII Inspections Sec. 4.04.034 CA Sec. VIII Expiration Sec. 4.04.035 CA Sec. IX Suspension Sec. 4.04.036 CA Sec. X Revocation Sec. 4.04.037 CA Sec. XI Appeals Sec. 4.04.038 CA Sec. XII Transfer Sec. 4.04.039 CA Sec. XIII Location restrictions Sec. 4.04.061 CA Sec. XIV Exemption from location restrictions Sec. 4.04.062 CA Sec. XV Additional regulations for nude escort agencies Sec. 4.04.091 CA Town Council Page 1150 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-7 Ord. No. Date Description Disposition Supp. No. 1998-07, cont’d. Sec. XVI Additional regulations for nude model studios Sec. 4.04.092 CA Sec. XVII Additional regulations for adult theatres and adult motion picture theatres Sec. 4.04.093 CA Sec. XVIII Additional regulations for adult models Sec. 4.04.094 CA Sec. XIX Exhibition of sexually explicit films or videos Sec. 4.04.095 CA Sec. XX Display of sexually explicit material to minors Sec. 4.04.096 CA Sec. XXI Enforcement; penalties; defenses Sec. 4.04.004 CA Sec. XXII Injunctive relief Sec. 4.04.005 CA Sec. XXII Amendments Sec. 4.04.006 CA 98-08 4/21/98 Subdivision Generally Sec. 1.1 Title Sec. 10.02.001 CA Sec. 1.2 Authority Sec. 10.02.002 CA Sec. 1.3 Purpose Sec. 10.02.003 CA Sec. 1.4 Conditions Sec. 10.02.004 CA Sec. 1.5 Jurisdiction Sec. 10.02.005 CA Sec. 1.6 Consistency with plans and ordinances Sec. 10.02.006 CA Sec. 1.7 Special provisions Sec. 10.02.007 CA Sec. 1.8 Interpretation; conflict Sec. 10.02.008 CA Sec. 1.9 Amendments Sec. 10.02.009 CA Definitions Sec. 2.1 Generally Sec. 10.02.031 CA Sec. 2.2 Definitions Sec. 10.02.032 CA General plat submittal requirements Sec. 3.1 Requirements to plat Sec. 10.02.061 CA Sec. 3.2 Preliminary conference Sec. 10.02.062 CA Sec. 3.3 Plat submittal Sec. 10.02.063 CA Sec. 3.4 Approval procedure–Overview Sec. 10.02.064 CA Sec. 3.5 Criteria for plat approval Sec. 10.02.065 CA Sec. 3.6 Staff review of plat application Sec. 10.02.066 CA Sec. 3.7 Preliminary plats Sec. 10.02.067 CA Sec. 3.8 Final plats Sec. 10.02.068 CA Sec. 3.9 Vacation instrument, replatting and amended plats Sec. 10.02.069 CA Sec. 3.10 Short form plats Sec. 10.02.070 CA Sec. 3.11 Dedication Sec. 10.02.071 CA Sec. 3.12 Provision of utility service Sec. 10.02.072 CA Sec. 3.13 Undergrounding of utilities Sec. 10.02.073 CA Improvements generally Sec. 4.1 Responsibility for construction Sec. 10.02.101 CA Sec. 4.2 Prior approval of engineering designs Sec. 10.02.102 CA Sec. 4.3 Inspections Sec. 10.02.103 CA Sec. 4.4 As-built plans Sec. 10.02.104 CA Town Council Page 1151 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-8 Ord. No. Date Description Disposition Supp. No. 98-08, cont’d. Sec. 4.4 Engineer’s certificate Sec. 10.02.105 CA Specifications for improvements Sec. 5.1 Generally Sec. 10.02.131 CA Sec. 5.2 Blocks Sec. 10.02.132 CA Sec. 5.3 Lots Sec. 10.02.133 CA Sec. 5.4 Streets Sec. 10.02.134 CA Sec. 5.5 Sidewalks and extra-width paths Sec. 10.02.135 CA Sec. 5.6 Storm drainage Sec. 10.02.136 CA Sec. 5.7 Water, sewer and fire Sec. 10.02.137 CA Sec. 5.8 Utility easements Sec. 10.02.138 CA Sec. 5.9 Monuments Sec. 10.02.139 CA Sec. 5.10 Natural tree and ground cover Sec. 10.02.140 CA Enforcement Sec. 6.1 Generally Sec. 10.02.171 CA Sec. 6.2 Penalty for violators of regulations Sec. 10.02.172 CA Sec. 6.3 Town attorney’s authority Sec. 10.02.173 CA Sec. 6.4 Waivers to subdivision regulations Sec. 10.02.174 CA Developer’s Agreement, Financial Assurance and Construction Contracts for Public Improvements Sec. 7.1 Procedures Sec. 10.02.201 CA Sec. 7.1 Performance bonds, payment bonds, maintenance bonds and financial assurances Sec. 10.02.202 CA Sec. 7.3 Inspections and approval of public improvements Sec. 10.02.203 CA Sec. 7.4 Deferral or waiver of required improvements Sec. 10.02.204 CA Sec. 7.5 General construction requirements Sec. 10.02.205 CA Sec. 7.6 Approval of work Sec. 10.02.206 CA Sec. 7.7 Ownership and maintenance of completed public facilities Sec. 10.02.207 CA Sec. 7.8 Refund to developer from future connection to sanitary sewer system Sec. 10.02.208 CA 98-28 10/20/98 Amends penalty provisions for various ordinances Sec. 1 Findings incorporated NIC CA Sec. 2 Amends heading of Ordinance 98- 07 NIC CA Sec. 3 Amends Ord. 96-03 NIC CA Sec. 4 Amends Ord. 95-12; swimming pools Sec. 3.07.002 CA Sec. 5 Amends heading of Ord. 95-04 NIC CA Sec. 6 Amends Ord. 92-03; emergency medical services Sec. 6.02.002 CA Town Council Page 1152 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-9 Ord. No. Date Description Disposition Supp. No. 98-28, cont’d. Sec. 7 Amends Ord. 87-07; emergency management Sec. 1.06.009 CA Amends Ord. 87-06 NIC CA Amends Ord. 87-05; weeds, refuse or other objectionable matter Sec. 8.09.009 CA Amends Ord. 86-28 NIC CA Amends Ord. 86-07; single-family residence licensing Sec. 3.11.002 CA Amends Ord. 86-06; apartment complex licensing Sec. 3.10.002 CA Amends Ord. 86-02; fireworks Sec. 5.03.002 CA Amends Ord. 85-26; weapons (penalty provision deleted from code by Ord. 2011-21) NIC CA Amends Ord. 85-19; septic tanks, cesspools and privies Sec. 13.01.001 CA Sec. 8 Amends Ord. 85-23; display of signs for purpose of selling vehicles Sec. 8.01.001 CA Amends Ord. 85-15 NIC CA 98-29 12/1/98 Zoning ordinance Sec. I Short title Sec. 14.02.001 CA Sec. II Purpose Sec. 14.02.002 CA Sec. III Official zoning map Sec. 14.02.003 CA Sec. IV Rules for interpretation of district boundaries Sec. 14.02.004 CA Sec. V General provisions Sec. 14.02.005 CA Sec. VI Newly annexed territory Sec. 14.02.006 CA Sec. VII Zoning designation of vacated streets and alleys Sec. 14.02.007 CA Sec. VIII Water areas Sec. 14.02.008 CA Sec. IX Catchlines Sec. 14.02.051 CA Sec. X General definitions Sec. 14.02.052 CA Sec. XI District classifications Sec. 14.02.101 CA Sec. XII Classification of new and unlisted properties Sec. 14.02.102 CA Sec. XIII Use table Sec. 14.02.103 CA Sec. XIV R-15 Single-family district regulations Sec. 14.02.151 CA Sec. XV R-12 Single-family district regulations Sec. 14.02.152 CA Sec. XVI R-11 Single-family district regulations Sec. 14.02.153 CA Sec. XVII R-10 single-family district regulations Sec. 14.02.154 CA Sec. XVIII R-9 single-family district regulations Sec. 14.02.155 CA Sec. XIX R-8 single-family district regulations Sec. 14.02.156 CA Town Council Page 1153 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-10 Ord. No. Date Description Disposition Supp. No. 98-29, cont’d. Sec. XX R-FV single-family district regulations Sec. 14.02.157 CA Sec. XXI R-TT Twenty in Trophy single- family district regulations Sec. 14.02.158 CA Sec. XXII R-OH Oak Hill single-family district regulations Sec. 14.02.159 CA Sec. XXIII R-OHP Oak Hill patio single- family district regulations Sec. 14.02.160 CA Sec. XXIV R-S Summit single-family district regulations Sec. 14.02.161 CA Sec. XXV MH HUD-Code manufactured home and industrialized housing district regulations Sec. 14.02.162 CA Sec. XXVI PD Planned development district regulations Sec. 14.02.163 CA Sec. XXVII NS Neighborhood service district regulations Sec. 14.02.164 CA Sec. XXVIII CG Commercial general district regulations Sec. 14.02.165 CA Sec. XXIX CR Commercial recreation district regulations Sec. 14.02.166 CA Sec. XXX PO Professional office district regulations Sec. 14.02.167 CA Sec. XXXI GU Government use district regulations Sec. 14.02.168 CA Sec. XXXII H Historic landmark district regulations Sec. 14.02.169 CA Sec. XXXIII Temporary uses Sec. 14.02.251 CA Sec. XXXVI Height limits Sec. 14.02.254 CA Sec. XXXVII Required yards Sec. 14.02.255 CA Sec. XXXVIII Projections into required yards Sec. 14.02.256 CA Sec. XXXIX Right-of-way and easement dedication requirements Sec. 14.02.257 CA Sec. XL Nonconforming uses and structures Sec. 14.02.258 CA Sec. XLI Site plan requirements Sec. 14.02.259 CA Sec. XLIII Home occupations Sec. 14.02.261 CA Sec. XLIV Conditional use permits Sec. 14.02.301 CA Sec. XLVIII Off-street parking regulations Sec. 14.02.353 CA Sec. XLIX Off-street loading regulations Sec. 14.02.354 CA Sec. L Parking and loading area development standards for on- residential uses Sec. 14.02.355 CA Sec. LI Administration and enforcement Sec. 14.02.401 CA Sec. LII Certificates of occupancy and compliance Sec. 14.02.402 CA Sec. LIII Amendments Sec. 14.02.403 CA Sec. LIV Planning and zoning commission Sec. 14.02.404 CA Town Council Page 1154 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-11 Ord. No. Date Description Disposition Supp. No. 98-29, cont’d. Sec. LV Zoning board of adjustment Sec. 14.02.405 CA Sec. LVI Public hearings Sec. 14.02.406 CA Sec. LVII Exceptions and exemptions not required to be negated Sec. 14.02.407 CA App. A First floor designation and measurement of height of structure Sec. 14.02.451 CA Height measurement for primary structure and accessory building Sec. 14.02.452 CA Determining setback distance along curved property lines Sec. 14.02.453 CA Method of measuring front yard Sec. 14.02.454 CA Front yard where zoning changes in a block Sec. 14.02.455 CA Lot width Sec. 14.02.456 CA Lot depth Sec. 14.02.457 CA Yard Sec. 14.02.458 CA Obstruction zones Sec. 14.02.459 CA Sight distance zone (plan view) Sec. 14.02.460 CA 1999-02 1/19/99 Mobile homes, manufactured homes, trailers Sec. I Definitions Sec. 3.08.001 CA Sec. II Mobile homes restricted Sec. 3.08.031 CA Sec. III Replacement of mobile homes Sec. 3.08.032 CA Sec. IV Permit required for installation, maintenance or alteration Sec. 3.08.033 CA Sec. V Application for permit Sec. 3.08.034 CA Sec. VI Boats or trailers tied into utility service; construction trailers Sec. 3.08.071 CA Sec. VII Screening or enclosure of commercial vehicles, boats and trailers Sec. 3.08.072 CA Sec. VIII Recreational vehicles Sec. 3.08.073 CA Sec. IX Presumption that registered owner is responsible for violation Sec. 3.08.074 CA Sec. XII Penalty Sec. 3.08.002 CA 1999-13 6/16/99 Graffiti penalty (sec. XIX) Sec. 8.03.002 CA 1999-19 7/20/99 Noise Sec. I Declaration of nuisance Sec. 8.02.003 CA Sec. II Exception for lawn equipment and agricultural equipment Sec. 8.02.004 CA Sec. III Permit Sec. 8.02.005 CA Sec. IV Injunctive relief Sec. 8.02.002 CA Sec. V Penalty Sec. 8.02.001 CA 1999-27 10/5/99 Repeals Ord. 1999-06; municipal court Creation; jurisdiction Sec. 7.02.001 CA Statutory authority Sec. 7.02.002 CA Commencement Sec. 7.02.003 CA Clerk and other personnel Sec. 7.02.004 CA Failure to appear or violation of promise to appear Sec. 7.02.005 CA Judge Secs. 7.02.031–7.02.036 CA Town Council Page 1155 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-12 Ord. No. Date Description Disposition Supp. No. 1999-27, cont’d. Driving safety course fee Sec. 7.03.001 CA Warrant or capias fee Sec. 7.03.002 CA Transcript preparation fee Sec. 7.03.003 CA 1999-32 12/21/99 Animal control Sec. 1 Definitions Sec. 2.01.001 CA Sec. 2 Enforcement Sec. 2.01.003 CA Sec. 4 Impoundment Sec. 2.02.001 CA Sec. 5 Authority to impound, kill or muzzle certain animals Sec. 2.01.013 CA Sec. 6 Dangerous dogs Sec. 2.01.014 CA Sec. 7 Fees Sec. 2.01.004 CA Sec. 8 Release of unvaccinated animals Sec. 2.02.002 CA Sec. 9 Adoption of impounded animals Sec. 2.02.003 CA Sec. 10 Confinement of animal involved in attack Sec. 2.01.016 CA Sec. 13 Rabies control; vaccination of dogs and cats Sec. 2.01.018 CA Sec. 14 Licenses and tags Sec. 2.01.019 CA Sec. 14 Vicious animals Sec. 2.01.017 CA Sec. 15 Special requirements for keeping miniature pigs and ferrets Sec. 2.01.020 CA Sec. 16 Defecation of animals on public and private property Sec. 2.01.010 CA Sec. 17 Sanitary conditions Sec. 2.01.009 CA Sec. 18 Animal noise Sec. 2.01.012 CA Sec. 19 Exceptions Sec. 2.01.005 CA 2000-06 3/21/00 Zoning ordinance Sec. I Short title Sec. 14.02.001 CA Sec. II Purpose Sec. 14.02.002 CA Sec. III Official zoning map Sec. 14.02.003 CA Sec. IV Rules for interpretation of district boundaries Sec. 14.02.004 CA Sec. V General provisions Sec. 14.02.005 CA Penalty Sec. 14.02.408 CA Sec. VI Newly annexed territory Sec. 14.02.006 CA Sec. VII Zoning designation of vacated streets and alleys Sec. 14.02.007 CA Sec. VIII Water areas Sec. 14.02.008 CA Sec. IX Catchlines Sec. 14.02.051 CA Sec. IX General definitions Sec. 14.02.052 CA Sec. XI District classifications Sec. 14.02.101 CA Sec. XII Classification of new and unlisted properties Sec. 14.02.102 CA Sec. XIII Use table Sec. 14.02.103 CA Sec. XIV R-15 Single-family district regulations Sec. 14.02.151 CA Sec. XV R-12 Single-family district regulations Sec. 14.02.152 CA Sec. XVI R-11 Single-family district regulations Sec. 14.02.153 CA Town Council Page 1156 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-13 Ord. No. Date Description Disposition Supp. No. 2000-06, cont’d. Sec. XVII R-10 single-family district regulations Sec. 14.02.154 CA Sec. XVIII R-9 single-family district regulations Sec. 14.02.155 CA Sec. XIX R-8 single-family district regulations Sec. 14.02.156 CA Sec. XX R-FV single-family district regulations Sec. 14.02.157 CA Sec. XXI R-TT Twenty in Trophy single- family district regulations Sec. 14.02.158 CA Sec. XXII R-OH Oak Hill single-family district regulations Sec. 14.02.159 CA Sec. XXIII R-OHP Oak Hill patio single- family district regulations Sec. 14.02.160 CA Sec. XXIV R-S Summit single-family district regulations Sec. 14.02.161 CA Sec. XXV MH HUD-Code manufactured home and industrialized housing district regulations Sec. 14.02.162 CA Sec. XXVI PD Planned development district regulations Sec. 14.02.163 CA Sec. XXVII NS Neighborhood service district regulations Sec. 14.02.164 CA Sec. XXVIII CG Commercial general district regulations Sec. 14.02.165 CA Sec. XXIX CR Commercial recreation district regulations Sec. 14.02.166 CA Sec. XXX PO Professional office district regulations Sec. 14.02.167 CA Sec. XXXI GU Government use district regulations Sec. 14.02.168 CA Sec. XXXII H Historic landmark district regulations Sec. 14.02.169 CA Sec. XXXIII Temporary uses Sec. 14.02.251 CA Sec. XXXIV Sale of alcoholic beverages Sec. 14.02.252 CA Sec. XXXVI Height limits Sec. 14.02.254 CA Sec. XXXVII Required yards Sec. 14.02.255 CA Sec. XXXVIII Projections into required yards Sec. 14.02.256 CA Sec. XXXIX Right-of-way and easement dedication requirements Sec. 14.02.257 CA Sec. XL Nonconforming uses and structures Sec. 14.02.258 CA Sec. XLI Site plan requirements Sec. 14.02.259 CA Sec. XLII Wireless antennas and antenna facilities Sec. 14.02.260 CA Sec. XLIII Home occupations Sec. 14.02.261 CA Sec. XLIV Conditional use permits Sec. 14.02.301 CA Sec. XLIV Specific use permit Sec. 14.02.302 CA Town Council Page 1157 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-14 Ord. No. Date Description Disposition Supp. No. 2000-06, cont’d. Sec. XLV Fencing, retaining walls and screening Sec. 14.02.351 CA Sec. XLVII Landscaping regulations Sec. 14.02.352 CA Sec. XLVIII Off-street parking regulations Sec. 14.02.353 CA Sec. XLIX Off-street loading regulations Sec. 14.02.354 CA Sec. L Parking and loading area development standards for nonresidential uses Sec. 14.02.355 CA Sec. LI Administration and enforcement Sec. 14.02.401 CA Sec. LII Certificates of occupancy and compliance Sec. 14.02.402 CA Sec. LIII Amendments Sec. 14.02.403 CA Sec. LIV Planning and zoning commission Sec. 14.02.404 CA Sec. LV Zoning board of adjustment Sec. 14.02.405 CA Sec. LVI Public hearings Sec. 14.02.406 CA Sec. LVII Exceptions and exemptions not required to be negated Sec. 14.02.407 CA Appendix A Illustrations First floor designation and measurement of height of structure Sec. 14.02.451 CA Height measurement for primary structure and accessory building Sec. 14.02.452 CA Determining setback distance along curved property lines Sec. 14.02.453 CA Method of measuring front yard Sec. 14.02.454 CA Front yard where zoning changes in a block Sec. 14.02.455 CA Lot width Sec. 14.02.456 CA Lot depth Sec. 14.02.457 CA Yard Sec. 14.02.458 CA Obstruction zones Sec. 14.02.459 CA Sight distance zone (plan view) Sec. 14.02.460 CA 2001-08 4/16/01 Amends zoning ordinance Sec. II Wireless antennas and antenna facilities Sec. 14.02.260 CA Sec. III Conditional use permits Sec. 14.02.301 CA 2001-13 6/4/01 Management of public right-of-way used by utility providers Sec. I Definitions Sec. 13.04.001 CA Sec. II Provider registration; permit for placement of facilities Sec. 13.04.003 CA Sec. III Use of right-of-way Sec. 13.04.004 CA Sec. IV Construction, maintenance and repair of facilities Sec. 13.04.005 CA Sec. V Tree trimming; landscaping and erosion control Sec. 13.04.006 CA Sec. VI Attachments to space in ducts Sec. 13.04.007 CA Town Council Page 1158 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-15 Ord. No. Date Description Disposition Supp. No. 2001-13, cont’d. Sec. VII Temporary removal of aerial wires Sec. 13.04.008 CA Sec. VIII Restoration of site Sec. 13.04.009 CA Sec. IX Warning devices; emergency contact Sec. 13.04.010 CA Sec. X Responsibilities of provider Sec. 13.04.011 CA Sec. XI Insurance Sec. 13.04.012 CA Sec. XIII Governing law Sec. 13.04.013 CA Sec. XIV Indemnification of town Sec. 13.04.014 CA Sec. XV Surety bond Sec. 13.04.015 CA Sec. XVI Director’s authority; enforcement; offenses Sec. 13.04.016 CA Sec. XVII Venue Sec. 13.04.017 CA Sec. XVIII Service of notices to town Sec. 13.04.018 CA Sec. XII Penalty Sec. 13.04.002 CA 2001-18 8/20/01 Roofing requirements Sec. II Definitions Sec. 3.06.001 CA Sec. III Architectural or laminated shingles required Sec. 3.06.005 CA Sec. IV Wood shingles and wood shakes prohibited Sec. 3.06.006 CA Sec. V Roof repair permit Sec. 3.06.003 CA Sec. VI Compliance with Uniform Building Code Sec. 3.06.007 CA Sec. VII Appeals Sec. 3.06.004 CA Sec. XI Penalty Sec. 3.06.002 CA 2001-21 9/17/01 Subdivision ordinance Generally Sec. 1.1 Title Sec. 10.02.001 CA Sec. 1.2 Authority Sec. 10.02.002 CA Sec. 1.3 Purpose Sec. 10.02.003 CA Sec. 1.4 Conditions Sec. 10.02.004 CA Sec. 1.5 Jurisdiction Sec. 10.02.005 CA Sec. 1.6 Consistency with plans and ordinances Sec. 10.02.006 CA Sec. 1.7 Special provisions Sec. 10.02.007 CA Sec. 1.8 Interpretation; conflict Sec. 10.02.008 CA Sec. 1.9 Amendments Sec. 10.02.009 CA Definitions Sec. 2.1 Generally Sec. 10.02.031 CA Sec. 2.2 Definitions Sec. 10.02.032 CA General plat submittal requirements Sec. 3.1 Requirements to plat Sec. 10.02.061 CA Sec. 3.2 Preliminary conference Sec. 10.02.062 CA Sec. 3.3 Plat submittal Sec. 10.02.063 CA Sec. 3.4 Approval procedure–Overview Sec. 10.02.064 CA Sec. 3.5 Criteria for plat approval Sec. 10.02.065 CA Sec. 3.6 Staff review of plat application Sec. 10.02.066 CA Sec. 3.7 Preliminary plats Sec. 10.02.067 CA Sec. 3.8 Final plats Sec. 10.02.068 CA Town Council Page 1159 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-16 Ord. No. Date Description Disposition Supp. No. 2001-21, cont’d. Sec. 3.9 Vacation instrument, replatting and amended plats Sec. 10.02.069 CA Sec. 3.10 Short form plats Sec. 10.02.070 CA Sec. 3.11 Dedication Sec. 10.02.071 CA Sec. 3.12 Provision of utility service Sec. 10.02.072 CA Sec. 3.13 Undergrounding of utilities Sec. 10.02.073 CA Improvements generally Sec. 4.1 Responsibility for construction Sec. 10.02.101 CA Sec. 4.2 Prior approval of engineering designs Sec. 10.02.102 CA Sec. 4.3 Inspections Sec. 10.02.103 CA Sec. 4.4 As-built plans Sec. 10.02.104 CA Sec. 4.4 Engineer’s certificate Sec. 10.02.105 CA Specifications for improvements Sec. 5.1 Generally Sec. 10.02.131 CA Sec. 5.2 Blocks Sec. 10.02.132 CA Sec. 5.3 Lots Sec. 10.02.133 CA Sec. 5.4 Streets Sec. 10.02.134 CA Sec. 5.5 Sidewalks and extra-width paths Sec. 10.02.135 CA Sec. 5.6 Storm drainage Sec. 10.02.136 CA Sec. 5.7 Water, sewer and fire Sec. 10.02.137 CA Sec. 5.8 Utility easements Sec. 10.02.138 CA Sec. 5.9 Monuments Sec. 10.02.139 CA Sec. 5.10 Natural tree and ground cover Sec. 10.02.140 CA Enforcement Sec. 6.1 Generally Sec. 10.02.171 CA Sec. 6.2 Penalty for violators of regulations Sec. 10.02.172 CA Sec. 6.3 Town attorney’s authority Sec. 10.02.173 CA Sec. 6.4 Waivers to subdivision regulations Sec. 10.02.174 CA Developer’s agreement, financial assurance and construction contracts for public improvements Sec. 7.1 Procedures Sec. 10.02.201 CA Sec. 7.1 Performance bonds, payment bonds, maintenance bonds and financial assurances Sec. 10.02.202 CA Sec. 7.3 Inspections and approval of public improvements Sec. 10.02.203 CA Sec. 7.4 Deferral or waiver of required improvements Sec. 10.02.204 CA Sec. 7.5 General construction requirements Sec. 10.02.205 CA Sec. 7.6 Approval of work Sec. 10.02.206 CA Sec. 7.7 Ownership and maintenance of completed public facilities Sec. 10.02.207 CA Sec. 7.8 Refund to developer from future connection to sanitary sewer system Sec. 10.02.208 CA 2001-22 9/17/01 Repeals Ord. 1999-27; municipal court Sec. II Creation; jurisdiction Sec. 7.02.001 CA Town Council Page 1160 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-17 Ord. No. Date Description Disposition Supp. No. 2001-22, cont’d. Sec. III Statutory authority Sec. 7.02.002 CA Sec. IV Commencement Sec. 7.02.003 CA Sec. V Judge Secs. 7.02.031–7.02.036 CA Sec. VI Clerk and other personnel Sec. 7.02.004 CA Sec. VII Failure to appear or violation of promise to appear Sec. 7.02.005 CA Sec. VIII Driving safety course fee Sec. 7.03.001 CA Sec. IX Warrant or capias fee Sec. 7.03.002 CA Sec. X Transcript preparation fee Sec. 7.03.003 CA 2001-27 11/19/01 Council meetings and rules of procedures Secs. 1.03.031–1.03.039 CA 2001-29 12/17/01 Amends zoning ordinance; sec. IV Landscaping regulations Sec. 14.02.352 CA 2002-12 3/4/02 Solid waste Sec. II Definitions Sec. 13.02.001 CA Sec. III Duties of residential customers Sec. 13.02.002 CA Sec. IV Residential collection of brush Sec. 13.02.003 CA Sec. V Residential collection schedule; charges for services; late fee Sec. 13.02.004 CA Sec. VI Disposal of residential hazardous waste materials Sec. 13.02.005 CA Sec. VII Removal of debris from construction, cleanup of property, etc. Sec. 13.02.006 CA Sec. VIII Duties of nonresidential customers Sec. 13.02.007 CA Sec. IX Collection from nonresidential customers; containers for multifamily residential complexes Sec. 13.02.008 CA Sec. X Prohibited acts and conditions Sec. 13.02.009 CA 2002-18 5/6/02 Animal control Sec. 2 Definitions Sec. 2.01.001 CA Sec. 3 Enforcement Sec. 2.01.003 CA Sec. 4 Maximum number of animals Sec. 2.01.007 CA Sec. 4 Animals at large Sec. 2.01.011 CA Sec. 5 Impoundment Sec. 2.02.001 CA Sec. 6 Authority to impound, kill or muzzle certain animals Sec. 2.01.013 CA Sec. 7 Dangerous dogs Sec. 2.01.014 CA Sec. 8 Fees Sec. 2.01.004 CA Sec. 9 Release of unvaccinated animals Sec. 2.02.002 CA Sec. 10 Adoption of impounded animals Sec. 2.02.003 CA Sec. 12 Confinement of animal involved in attack Sec. 2.01.016 CA Sec. 14 Rabies control; vaccination of dogs and cats Sec. 2.01.018 CA Sec. 15 Vicious animals Sec. 2.01.017 CA Sec. 15 Licenses and tags Sec. 2.01.019 CA Sec. 16 Special requirements for keeping miniature pigs and ferrets Sec. 2.01.020 CA Sec. 17 Defecation of animals on public and private property Sec. 2.01.010 CA Town Council Page 1161 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-18 Ord. No. Date Description Disposition Supp. No. 2002-18, cont’d. Sec. 18 Sanitary conditions Sec. 2.01.009 CA Sec. 19 Animal noise Sec. 2.01.012 CA Sec. 20 Exceptions Sec. 2.01.005 CA Sec. 22 Dangerous wild animal certificate of registration; required Sec. 2.03.041 CA Sec. 23 Dangerous wild animal certificate of registration; application Sec. 2.03.042 CA Sec. 24 Dangerous wild animal certificate of registration; denial or revocation Sec. 2.03.043 CA Sec. 25 Dangerous wild animal certificate of registration; display Sec. 2.03.045 CA Sec. 26 Dangerous wild animal certificate of registration; effective date Sec. 2.03.044 CA Sec. 27 Dangerous wild animals; liability insurance Sec. 2.03.005 CA Sec. 28 Inspection of premises Sec. 2.03.001 CA Sec. 29 Dangerous wild animals; relocation or disposition of animal Sec. 2.03.002 CA Sec. 30 Dangerous wild animals; attack by animal; escape of animal Sec. 2.03.003 CA Sec. 31 Dangerous wild animals; care and treatment; transportation Sec. 2.03.004 CA Sec. 32 Dangerous wild animals; transfer of ownership Sec. 2.03.006 CA Sec. 33 Dangerous wild animals; offenses Sec. 2.03.007 CA Sec. 34 Dangerous wild animals; civil penalty Sec. 2.03.008 CA Sec. 35 Dangerous wild animal certificate of registration; exemptions Sec. 2.03.046 CA Sec. 36 Penalty; injunctive relief Sec. 2.01.002 CA 2002-24 6/3/02 Food establishments Secs. II, III Definitions Sec. 4.06.002 CA Sec. IV Permit required; transfer; exemptions Sec. 4.06.041 CA Sec. V Permit issuance; fee; duration; offenses Sec. 4.06.042 CA Sec. VII Suspension Sec. 4.06.043 CA Sec. VIII Revocation; repeals Sec. 4.06.044 CA Sec. X Inspections Sec. 4.06.005 CA 2002-28 8/19/02 Amends zoning ordinance Sec. III General definitions Sec. 14.02.052 CA Use table Sec. 14.02.103 CA 2002-32 8/19/02 International Energy Conservation Code Sec. II Adoption and amendments Secs. 3.03.301, 3.03.302 CA Sec. VII Penalty Dltd. by Ord. 2012-31 CA 2002-36 10/7/02 Mobile homes, manufactured homes, trailers Sec. I Definitions Sec. 3.08.001 CA Sec. II Mobile homes restricted Sec. 3.08.031 CA Town Council Page 1162 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-19 Ord. No. Date Description Disposition Supp. No. 2002-36, cont’d. Sec. III Replacement of mobile homes Sec. 3.08.032 CA Sec. IV Permit required for installation, maintenance or alteration Sec. 3.08.033 CA Sec. V Application for permit Sec. 3.08.034 CA Sec. VI Boats or trailers tied into utility service; construction trailers Sec. 3.08.071 CA Sec. VII Screening or enclosure of commercial vehicles, boats and trailers Sec. 3.08.072 CA Sec. VIII Recreational vehicles Sec. 3.08.073 CA Sec. IX Presumption that registered owner is responsible for violation Sec. 3.08.074 CA Sec. X Penalty Sec. 3.08.002 CA 2002-38 1/18/02 Graffiti penalty (sec. XIX) Sec. 8.03.002 CA 2002-40 12/2/02 Tree preservation and removal Sec. II Definitions Sec. 10.02.241 CA Parks and recreation board to serve as tree board Sec. 10.02.242 CA Tree preservation Sec. 10.02.243 CA Information assistance Sec. 10.02.244 CA Protected trees Sec. 10.02.245 CA Specimen trees Sec. 10.02.246 CA Majestic or historic trees Sec. 10.02.247 CA Tree removal and replacement Sec. 10.02.248 CA Tree protection measures Sec. 10.02.249 CA Tree permits Sec. 10.02.250 CA Land-disturbing activities Sec. 10.02.251 CA 2002-45 12/16/02 Marshal Creek Park Sec. 2 Definitions Sec. 1.08.091 CA Sec. 3 Hours; signage Sec. 1.08.092 CA Sec. 4 General prohibitions Sec. 1.08.093 CA Sec. 5 Exemptions Sec. 1.08.094 CA Sec. 6 Adoption of additional regulations Sec. 1.08.095 CA Sec. 7 Operation of vehicles; generally Sec. 1.08.096 CA Sec. 8 All-terrain vehicles, motorcycles, mopeds and motor-driven cycles Sec. 1.08.097 CA Sec. 9 Usage fees Sec. 1.08.098 CA Sec. 10 Special event permit Sec. 1.08.121 CA Sec. 11 Special event permit–denial; conditions or restrictions Sec. 1.08.122 CA Sec. 12 Special event permit–appeals Sec. 1.08.123 CA 2003-04 3/3/03 Amends subdivision ordinance; performance bonds, payment bonds, maintenance bonds and financial assurances; third party assurance Sec. 10.02.202 CA 2003-06 4/7/03 Marshal Creek Park Sec. 2 Definitions Sec. 1.08.091 CA Sec. 3 Hours; signage Sec. 1.08.092 CA Sec. 4 General prohibitions Sec. 1.08.093 CA Sec. 5 Exemptions Sec. 1.08.094 CA Town Council Page 1163 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-20 Ord. No. Date Description Disposition Supp. No. 2003-06, cont’d. Sec. 6 Adoption of additional regulations Sec. 1.08.095 CA Sec. 7 Operation of vehicles; generally Sec. 1.08.096 CA Sec. 8 All-terrain vehicles, motorcycles, mopeds and motor-driven cycles Sec. 1.08.097 CA Sec. 9 Usage fees Sec. 1.08.098 CA Sec. 10 Special event permit Sec. 1.08.121 CA Sec. 11 Special event permit–denial; conditions or restrictions Sec. 1.08.122 CA Sec. 12 Special event permit–appeals Sec. 1.08.123 CA 2003-10 8/4/03 Amends zoning ordinance Sec. 14.02.302 CA Sec. III Specific use permit 2003-11 8/4/03 Amends zoning ordinance Sec. III Oil and gas well drilling and production Sec. 14.02.262 CA 2003-12 8/4/03 Gas and oil wells Sec. II Development site plan requirements Sec. 14.03.002 CA Drilling and production standards Secs. 14.03.031–14.03.039 CA Sec. III Penalty Sec. 14.03.001 CA 2003-19 10/20/03 Stormwater drainage Sec. II Definitions Sec. 13.03.001 CA Sec. III Findings; system established; adoption of state law Sec. 13.03.003 CA Sec. IV Designation of program responsibility Sec. 13.03.004 CA Sec. V Exemptions Sec. 13.03.005 CA Sec. IX Penalty Sec. 13.03.002 CA 2003-25 12/17/03 Amends zoning ordinance Sec. III Landscaping regulations Sec. 14.02.352 CA 2003-28 12/1/03 Amends zoning ordinance Sec. II General definitions Sec. 14.02.052 CA Use table Sec. 14.02.103 CA 2003-30 12/1/03 Stormwater drainage fees Sec. II Definitions Sec. 13.03.031 CA Sec. III Findings and determinations Sec. 13.03.032 CA Sec. IV Fee schedule Sec. 13.03.033 CA Sec. V Billing, payment and penalties Sec. 13.03.034 CA Sec. VI Adjustment of fees Sec. 13.03.035 CA Sec. VII Stormwater drainage utility fund Sec. 13.03.036 CA Sec. VIII Exemptions Sec. 13.03.037 CA 2004-02 1/19/04 Signs Sec. II Definitions Sign definitions Sec. 3.09.001 CA Graffiti definitions Sec. 8.03.001 CA Sec. III General standards A. Height Sec. 3.09.004 CA B. Building and electrical codes applicable Sec. 3.09.005 CA C. Illuminated signs Sec. 3.09.017 CA Town Council Page 1164 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-21 Ord. No. Date Description Disposition Supp. No. 2004-02, cont’d. Sec. IV Traffic safety Sec. 3.09.016 CA Sec. V Political signs Sec. 3.09.062 CA Sec. VI Developer/builder and real estate signs Sec. 3.09.064 CA Sec. VII Provisions for all areas and zoning districts Sec. 3.09.018 CA Sec. VIII Commercial signs Secs. 3.09.091, 3.09.092 CA Sec. IX Permissible signs not requiring permits Sec. 3.09.007 CA Sec. X Permit requirements Sec. 3.09.006 CA Sec. XI Temporary permits Sec. 3.09.008 CA Sec. XII Nonconforming uses Sec. 3.09.009 CA Sec. XIII Meritorious exceptions and appeals Sec. 3.09.010 CA Sec. XIV Prohibitions Sec. 3.09.015 CA Sec. XV Graffiti; notice of violation Sec. 8.03.003 CA Sec. XIX Penalty Sec. 3.09.002 CA 2004-03 1/19/04 Scavenging refuse Sec. II Definitions Sec. 13.02.041 CA Sec. III Prohibition Sec. 13.02.043 CA Sec. IV Exceptions Sec. 13.02.044 CA Sec. VIII Penalty Sec. 13.02.042 CA 2004-09 2/16/04 Repeals Ord. 2003-14; traffic control Sec. II Definitions Sec. 12.01.001 CA Sec. III Speed limits Secs. 12.03.041–12.03.043 CA Sec. IV Traffic-control devices Secs. 12.02.001–12.02.008, 12.02.031–12.02.033 CA Sec. V Obstructions to visibility at intersections Sec. 12.01.003 CA Sec. VI Parking (not included in legislative history) Secs. 12.04.001–12.04.009 CA Sec. VII Overweight vehicles Secs. 12.05.031–12.05.037 CA 2004-10 3/1/04 Amends zoning ordinance Sec. II Use table Sec. 14.02.103 CA Sale of alcoholic beverages Sec. 14.02.252 CA 2004-12 3/15/04 Fee schedule Secs. II, III Applicability; conflicts; waivers Sec. A1.001 CA Ex. A Community development department Sec. A1.003 CA Planning and zoning department Sec. A1.004 CA Zoning board of adjustment Sec. A1.005 CA Animal control Sec. A1.006 CA Emergency medical services Sec. A1.007 CA Fire plan review Sec. A1.008 CA Fire division Sec. A1.009 CA Municipal court Sec. A1.010 CA Police department Sec. A1.011 CA Town Council Page 1165 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-22 Ord. No. Date Description Disposition Supp. No. 2004-12, cont’d. Parks and recreation Sec. A1.012 CA Administrative fees Sec. A1.013 CA Texas Administrative Code charges for providing copies of public information Dltd. by Ordinance adopting Code CA 2004-17 6/21/04 Motor-assisted scooters Sec. II Definitions Sec. 12.06.001 CA Sec. III Operation Sec. 12.06.003 CA Sec. IV Penalty Sec. 12.06.002 CA 2004-22 8/30/04 International Building Code Sec. II Applicability Dltd. by Ord. 2012-27 CA Sec. III Adoption Sec. 3.03.051 CA Sec. IV Amendments Sec. 3.03.052 CA Sec. V Board of appeals Dltd. by Ord. 2012-27 CA Sec. XIII Penalty Dltd. by Ord. 2012-27 CA 2004-23 8/30/04 International Residential Code Sec. III Adoption Sec. 3.03.101 CA Sec. IV Amendments Sec. 3.03.102 CA Sec. V Board of appeals Dltd. by Ord. 2012-28 CA Sec. VIII Penalty Dltd. by Ord. 2012-28 CA 2004-24 8/30/04 National Electrical Code Sec. III Adoption Sec. 3.03.151 CA Sec. IV Amendments Sec. 3.03.152 CA Sec. VII Penalty Dltd. by Ord. 2012-35 CA 2004-25 8/30/04 International Mechanical Code Sec. III Adoption Sec. 3.03.201 CA Sec. IV Amendments Sec. 3.03.202 CA Sec. IV Penalty Dltd. by Ord. 2012-30 CA 2004-26 8/30/04 International Plumbing Code Sec. III Adoption Sec. 3.03.251 CA Sec. IV Amendments Sec. 3.03.252 CA Sec. VII Penalty Dltd. by Ord. 2012-29 CA 2004-27 8/30/04 International Energy Conservation Code Sec. III Adoption Sec. 3.03.301 CA Sec. IV Amendments Sec. 3.03.302 CA Sec. VIII Penalty Dltd. by Ord. 2012-31 CA 2004-28 8/30/04 International Fire Code Sec. III Adoption Sec. 3.03.451 CA Sec. IV Amendments Sec. 3.03.452 CA Sec. VII Penalty Dltd. by Ord. 2012-32 CA 2004-32 11/15/04 Adopts home rule charter Charter CA 2005-01 1/3/05 Repealing Ord. 2003-18; appointing judge, court clerk NIC CA 2005-02 2/7/05 Calls general election NIC CA 2005-03 2/7/05 Repealing Ord. 2004-02, sign regulations Sec. 1 Incorporation of premises NIC CA Sec. 2 Definitions Sign definitions Sec. 3.09.001 CA Graffiti definitions Sec. 8.03.001 CA Sec. 3 Permit requirements Sec. 3.09.006 CA Town Council Page 1166 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-23 Ord. No. Date Description Disposition Supp. No. 2005-03, cont’d. Sec. 4 General standards A. Height of signs Sec. 3.09.004 CA B. Building and electrical codes applicable Sec. 3.09.005 CA C. Illuminated signs Sec. 3.09.017 CA D. Applicability Sec. 3.09.018 CA Sec. 5 Traffic safety Sec. 3.09.016 CA Sec. 6 Temporary signs A. Temporary signs Sec. 3.09.061 CA B. Political signs Sec. 3.09.062 CA C. Banner signs Sec. 3.09.063 CA D. Real estate signs Sec. 3.09.064 CA E. Special purpose signs Sec. 3.09.065 CA Sec. 7 Commercial and institutional signs A. Commercial and institutional signs Sec. 3.09.091 CA B. Miscellaneous sign regulations Sec. 3.09.092 CA Sec. 8 Permissible signs not requiring permit Sec. 3.09.007 CA Sec. 9 Temporary permits Sec. 3.09.008 CA Sec. 10 Nonconforming uses Sec. 3.09.009 CA Sec. 11 Meritorious exceptions and appeals Sec. 3.09.010 CA Sec. 12 Maintenance of signs Sec. 3.09.011 CA Sec. 13 Violations Sec. 3.09.012 CA Sec. 14 Enforcement Sec. 3.09.013 CA Sec. 15 Enforcement remedies Sec. 3.09.014 CA Sec. 16 Prohibition Sec. 3.09.015 CA Sec. 17 Graffiti; notice of violation Sec. 8.03.003 CA Sec. 21 Penalty Sec. 3.09.002 CA 2005-04 3/21/05 Runoff control Sec. II General provisions Sec. 3.14.001 CA Sec. III Definitions Sec. 3.14.002 CA Sec. IV Illegal discharges to storm drainage system Sec. 3.14.005 CA Sec. V Nuisances Sec. 3.14.006 CA Sec. VI Runoff from construction activity Sec. 3.14.007 CA Sec. VII Stormwater pollution prevention and erosion control Sec. 3.14.008 CA Sec. VIII Maintenance of control devices; records Sec. 3.14.009 CA Sec. IX Administration and enforcement Sec. 3.14.004 CA Sec. XIV Penalty Sec. 3.14.003 CA 2005-05 3/21/05 Repeals Ord. 91-02; design standards NIC CA 2005-06 4/4/05 Amends Ord. 2005-02; canceling section of 2 unopposed council members NIC CA 2005-07 4/18/05 Amends Ord. 2000-06; planning and zoning use table, tanning salons Sec. II Use table Sec. 14.02.103 CA 2005-08 4/18/05 Amends Ord. 2005-06; amending May 7, 2005 election NIC CA Town Council Page 1167 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-24 Ord. No. Date Description Disposition Supp. No. 2005-09 5/2/05 Amends zoning ordinance Sec. II Accessory structures and uses Sec. 14.02.253 CA 2005-10 5/2/05 Fee schedule Secs. II, III Applicability; conflicts; waivers Sec. A1.001 CA Ex. A Community development department Sec. A1.003 CA Planning and zoning department Sec. A1.004 CA Zoning board of adjustment Sec. A1.005 CA Animal control Sec. A1.006 CA Emergency medical services Sec. A1.007 CA Fire plan review Sec. A1.008 CA Fire division Sec. A1.009 CA Municipal court Sec. A1.010 CA Police department Sec. A1.011 CA Parks and recreation Sec. A1.012 CA Administrative fees Sec. A1.013 CA Texas Administrative Code charges for providing copies of public information Dltd. by Ordinance adopting Code CA 2005-11 5/2/05 Tree preservation and removal Sec. II Amendments Definitions Sec. 10.02.241 CA Parks and recreation board to serve as tree board Sec. 10.02.242 CA Tree preservation Sec. 10.02.243 CA Information assistance Sec. 10.02.244 CA Protected trees Sec. 10.02.245 CA Specimen trees Sec. 10.02.246 CA Majestic or historic trees Sec. 10.02.247 CA Tree removal and replacement Sec. 10.02.248 CA Tree protection measures Sec. 10.02.249 CA Tree permits Sec. 10.02.250 CA Land-disturbing activities Sec. 10.02.251 CA 2005-12 5/16/05 Canvasses returns of May 7, 2005 election NIC CA 2005-13 5/16/05 Repeals Ords. 2003-02, 2005-05; town design standards NIC CA 2005-14 6/6/05 Amends zoning ordinance Sec. II Accessory structures and uses Sec. 14.02.253 CA 2005-15 6/20/05 Swimming pools Sec. II Definitions Sec. 3.07.001 CA Sec. III Applicability; prohibitions Sec. 3.07.003 CA Sec. IV Exceptions Sec. 3.07.004 CA Sec. V Application; fees Secs. 3.07.031, 3.07.032 CA Fence requirements Sec. 3.07.061 CA Form survey required Sec. 3.07.062 CA Inspections Sec. 3.07.063 CA Lighting Sec. 3.07.064 CA Plumbing and electrical work Sec. 3.07.065 CA Location of pool Sec. 3.07.066 CA Town Council Page 1168 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-25 Ord. No. Date Description Disposition Supp. No. 2005-15, cont’d. Draining of pool Sec. 3.07.067 CA Screening Sec. 3.07.068 CA Health and safety standards; clarity of water Sec. 3.07.069 CA Location of equipment Sec. 3.07.070 CA Sec. VI Appeals Sec. 3.07.007 CA Sec. XI Penalty Sec. 3.07.002 CA 2005-16 7/18/05 Amends Ord 2005-14; fences, retaining walls and screening standards Sec. 2 General definitions Sec. 14.02.052 CA Fencing, retaining walls and screening Sec. 14.02.351 CA 2005-17 7/18/05 Amends fee schedule Sec. II Building definitions Sec. A1.002 CA 2005-18 7/18/05 Flood damage prevention Sec. II Findings of fact Sec. 3.13.001 CA Sec. III Statement of purpose Sec. 3.13.002 CA Sec. IV Methods of reducing flood losses Sec. 3.13.003 CA Sec. VI Definitions Sec. 3.13.004 CA Sec. VII General provisions Sec. 3.13.005 CA Sec. VIII Administration Sec. 3.13.006 CA Sec. IX Flood hazard reduction standards Sec. 3.13.007 CA Sec. X Violations Sec. 3.13.008 CA 2005-19 8/15/05 Parkland dedication Sec. II Purpose Sec. 10.03.001 CA Sec. III Dedication procedures Sec. 10.03.002 CA Sec. IV Money in lieu of land Sec. 10.03.003 CA Sec. V Additional requirements Sec. 10.03.004 CA Sec. VI Credit for conveyance of floodplains Sec. 10.03.005 CA Sec. VII Minimum park improvements Sec. 10.03.006 CA Sec. VIII Biennial review of ordinance Sec. 10.03.008 CA Sec. IX Dedication or payment required prior to beginning development Sec. 10.03.009 CA Sec. X Dedication or payment required prior to issuance of building permits or provision of utility service Sec. 10.03.010 CA Sec. XI Increase in proposed number of dwelling units Sec. 10.03.011 CA Sec. XII Penalty Sec. 10.03.012 CA 2005-20 8/1/05 Amends fee schedule Sec. II Building definitions Sec. A1.002 CA 2005-21 8/15/05 Repeals Ord. 2005-01; appointing new court personnel NIC CA 2005-22 9/6/05 Amends Ord. 1999-17; TC signage PD 21 NIC CA 2005-23 9/6/05 Amends 2005-13; design standards NIC CA 2005-24 9/19/05 Adopts budget, FY 05-06 NIC CA 2005-25 9/19/05 Tax levy, FY 05-06 NIC CA Town Council Page 1169 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-26 Ord. No. Date Description Disposition Supp. No. 2005-26 10/3/05 Traffic control Sec. II Definitions Sec. 12.01.001 CA Sec. III Speed limits Secs. 12.03.041–12.03.043 CA Sec. IV Traffic-control devices Secs. 12.02.001–12.02.008, 12.02.031–12.02.033 CA Sec. V Obstructions to visibility at intersections Sec. 12.01.003 CA Sec. VI Parking Secs. 12.04.001–12.04.009 CA Sec. VII Overweight vehicles Secs. 12.05.031–12.05.037 CA Sec. XI Penalty Sec. 12.01.002 CA 2005-27 12/5/05 Creating parks and recreation board Sec. 1 Incorporation of premises NIC CA Sec. 2 Definitions Sec. 1.08.031 CA Sec. 3 Board established; number of members; terms; qualifications Sec. 1.08.032 CA Sec. 4 Powers and duties of board Sec. 1.08.033 CA Sec. 5 Procedures of the board Sec. 1.08.034 CA 2005-28 12/5/05 Repeals Ord. 2004-17; new regulations for motor scooters Sec. 1 Incorporation of premises NIC CA Sec. 2 Definitions Sec. 12.06.001 CA Sec. 3 Restrictions and prohibitions Sec. 12.06.003 CA Sec. 4 Penalty Sec. 12.06.002 CA 2005-29 12/5/05 Construction fees Sec. 3, ex. A Community development department Sec. A1.003 CA 2006-01 1/9/06 Repealing Ord. 2002-24; food establishment regulations Sec. II Adoption of state rules Sec. 4.06.001 CA Sec. III Definitions Sec. 4.06.002 CA Sec. IV Enforcement Sec. 4.06.004 CA Sec. V Permit required; transfer; exemptions Sec. 4.06.041 CA Sec. VI Permit issuance; fee; duration; offenses Sec. 4.06.042 CA Sec. VII Suspension Sec. 4.06.043 CA Sec. VIII Revocation; appeals Sec. 4.06.044 CA Sec. IX Inspections Sec. 4.06.005 CA Sec. X Examination and condemnation of food; procedure when disease is suspected Sec. 4.06.006 CA Sec. XI Submission and review of plans Sec. 4.06.007 CA Sec. XII Food protection manager Sec. 4.06.008 CA Sec. XIII Snow cone establishments Dltd. by Ord. 2014-17 CA Sec. XIV Mobile units Sec. 4.06.009 CA Sec. XVIII Penalty; injunctive relief Sec. 4.06.003 CA 2006-02 1/9/06 Repealing Ord. 2005-20; new schedule of fees NIC CA 2006-03 2/6/06 Town council procedures policy Secs. 1.03.031–1.03.039 CA 2006-04 3/6/06 Calls joint elections NIC CA 2006-05 3/6/06 Calls special election NIC CA Town Council Page 1170 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-27 Ord. No. Date Description Disposition Supp. No. 2006-06 3/6/06 Parkland dedication and open space Sec. II Purpose Sec. 10.03.001 CA Sec. III Dedication procedures Sec. 10.03.002 CA Sec. IV Money in lieu of land Sec. 10.03.003 CA Sec. V Additional requirements Sec. 10.03.004 CA Sec. VI Credit for conveyance of floodplains Sec. 10.03.005 CA Sec. VII Minimum park improvements Sec. 10.03.006 CA Sec. VIII Appeals Sec. 10.03.007 CA Sec. IX Biennial review of ordinance Sec. 10.03.008 CA Sec. X Dedication or payment required prior to beginning development Sec. 10.03.009 CA Sec. XI Dedication or payment required prior to issuance of building permits or provision of utility service Sec. 10.03.010 CA Sec. XII Increase in proposed number of dwelling units Sec. 10.03.011 CA Sec. XIII Penalty Sec. 10.03.012 CA 2006-07 3/20/06 Amends Ord. 2000-06; planning and zoning official zoning map NIC CA 2006-08 4/17/06 Amends Ords. 2006-07 and 2000-06; official zoning map NIC CA 2006-09 5/1/06 Amends traffic control Sec. VI Parking Secs. 12.04.001–12.04.009 CA 2006-10 5/1/06 Outdoor storage Sec. II Definitions Sec. 8.04.001 CA Sec. III Screening of certain items required Sec. 8.04.003 CA Sec. IV Screening standards Sec. 8.04.004 CA Sec. V Portable home storage units Sec. 8.04.005 CA Sec. IX Penalty Sec. 8.04.002 CA 2006-11 5/22/06 Amends Ord. 2000-06; planning and zoning comprehensive zoning NIC CA 2006-12 5/22/06 Canvasses May 13, 2006 election NIC CA 2006-13 5/22/06 Adopting water conservation plan Rpld. by Ord. 2006-17 CA 2006-14 6/5/06 Codification of ordinances NIC CA 2006-15 6/5/06 Amends Ord. 95-20; The Village NIC CA 2006-16 6/19/06 Denying Atmos Energy rate increase NIC CA 2006-17 6/19/06 Repealing 2006-13 in its entirety; lawn and landscape irrigation conservation Sec. II Amendments Restrictions Sec. 1.10.062 CA Rain-sensing devices and freeze gauges Sec. 1.10.063 CA Variances Sec. 1.10.064 CA Appeals Sec. 1.10.065 CA Exemptions Sec. 1.10.066 CA Sec. V Penalty Sec. 1.10.061 CA 2006-18 6/19/06 Adds ch. 1, sec. 13.01; open records requests by fax Sec. 1.07.061 CA 2006-19 6/19/06 Traffic-control devices Sec. II Amendments Secs. 12.02.001–12.02.008, 12.02.031–12.02.033 CA Town Council Page 1171 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-28 Ord. No. Date Description Disposition Supp. No. 2006-20 7/10/06 Tree preservation and removal; Tree preservation Sec. 10.02.243 CA Appeals Sec. 10.02.252 CA 2006-21 7/24/06 Nextel Communications agreement NIC CA 2006-22 7/24/06 Amends fee schedule Sec. II Animal control Sec. A1.006 CA 2006-23 7/24/06 Amends traffic control Sec. 2.01 Amends ch. 10, sec. 2.05; parking on unapproved surfaces Sec. 12.04.005 CA Sec. 2.02 Amends ch. 10, sec. 2.07; private streets Sec. 12.01.004 CA Sec. 2.03 Amends ch. 10, sec. 2.08; penalty Sec. 12.01.002 CA 2006-24 7/24/06 Animal control Sec. II Amendments Definitions Sec. 2.01.001 CA Enforcement Sec. 2.01.003 CA Fees Sec. 2.01.004 CA Exceptions Sec. 2.01.005 CA Humane care of animals Sec. 2.01.006 CA Maximum number of animals Sec. 2.01.007 CA Prohibited actions against animals Sec. 2.01.008 CA Animals at large Sec. 2.01.011 CA Authority to impound, kill or muzzle certain animals Sec. 2.01.013 CA Dangerous dogs Sec. 2.01.014 CA Keeping livestock or wild or prohibited animal Sec. 2.01.015 CA Confinement of animal involved in attack Sec. 2.01.016 CA Vicious animals Sec. 2.01.017 CA Rabies control; vaccination of dogs and cats Sec. 2.01.018 CA Licenses and tags Sec. 2.01.019 CA Special requirements for keeping miniature pigs and ferrets Sec. 2.01.020 CA Impoundment Sec. 2.02.001 CA Release of unvaccinated animals Sec. 2.02.002 CA Adoption of impounded animals Sec. 2.02.003 CA Dangerous wild animals; inspection of premises Sec. 2.03.001 CA Dangerous wild animals; relocation or disposition of animal Sec. 2.03.002 CA Dangerous wild animals; attack by animal; escape of animal Sec. 2.03.003 CA Dangerous wild animals; care and treatment; transportation Sec. 2.03.004 CA Dangerous wild animal certificate of registration; required Sec. 2.03.041 CA Dangerous wild animal certificate of registration; application Sec. 2.03.042 CA Town Council Page 1172 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-29 Ord. No. Date Description Disposition Supp. No. 2006-24, cont’d. Dangerous wild animal certificate of registration; denial or revocation Sec. 2.03.043 CA Dangerous wild animal certificate of registration; effective date Sec. 2.03.044 CA 2006-25 8/21/06 Abandoned or junked vehicles Sec. II Amendments Definitions Sec. 8.08.001 CA Penalty Sec. 8.08.002 CA Immediate removal of vehicles obstructing traffic Sec. 8.08.003 CA Abandoned vehicles Sec. 8.08.031–8.08.036 CA Junked vehicles Secs. 8.08.061–8.08.065 CA 2006-26 8/21/06 Amends Ord. 2002-41; PD 25 Trophy Wood Business Center NIC CA 2006-27 8/21/06 Rezoning NIC CA 2006-28 8/21/06 Establishes records management program Policy Sec. 1.07.031 CA Definitions Sec. 1.07.032 CA Town records declared public property Sec. 1.07.033 CA Designation of records management officer Sec. 1.07.034 CA Records management plan to be developed; approval of plan; authority of plan Sec. 1.07.035 CA Duties of records management officer Sec. 1.07.036 CA Records control schedules to be developed; approval; filing with state Sec. 1.07.037 CA Implementation of records control schedules; destruction of records under schedule Sec. 1.07.038 CA Destruction of unscheduled records Sec. 1.07.039 CA Records center Sec. 1.07.040 CA Alternative storage methods Sec. 1.07.041 CA 2006-29 8/21/06 Sex offenders residency restrictions Sec. II Amendments Definitions Sec. 8.06.001 CA Offenses Sec. 8.06.002 CA Evidentiary matters; measurements Sec. 8.06.003 CA Culpable mental state not required Sec. 8.06.004 CA Defenses Sec. 8.06.005 CA Penalty Sec. 8.06.006 CA Ex. A Safety zone map Sec. 8.06.007 CA 2006-30 8/21/06 Town council rules and procedures Secs. 1.03.031–1.03.039 CA 2006-31 9/11/06 Financing of new police vehicle and computers NIC CA 2006-32 9/11/06 Amends zoning ordinance; modification of masonry requirements Sec. II CR Commercial recreation district regulations Sec. 14.02.166 CA 2006-33 9/11/06 Financing of new parks truck and commercial grade mower NIC CA Town Council Page 1173 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-30 Ord. No. Date Description Disposition Supp. No. 2006-34 9/18/06 Amends zoning ordinance; hard top pool covers Sec. II Accessory structures and uses Sec. 14.02.253 CA 2006-35 9/18/06 Adopts budget, FY 06-07 NIC CA 2006-36 9/18/06 Tax levy, FY 06-07 NIC CA 2006-37 9/18/06 Amends fees; sec. 8.03 Community development fees (not included in legislative history for 2006 Code) Sec. A1.003 CA 2006-38 9/18/06 Parking Sec. II Amendments Secs. 12.04.001–12.04.009 CA 2006-39 10/2/06 Amends Ordinance 2002-41; PD 25 NIC CA 2006-40 10/2/06 Tree preservation and removal Sec. II Amendment Penalty Sec. 10.02.010 CA Definitions Sec. 10.02.241 CA Parks and recreation board to serve as tree board Sec. 10.02.242 CA Tree preservation Sec. 10.02.243 CA Information assistance Sec. 10.02.244 CA Protected trees Sec. 10.02.245 CA Specimen trees Sec. 10.02.246 CA Majestic or historic trees Sec. 10.02.247 CA Tree removal and replacement Sec. 10.02.248 CA Tree protection measures Sec. 10.02.249 CA Tree permits Sec. 10.02.250 CA Land-disturbing activities Sec. 10.02.251 CA Appeals Sec. 10.02.252 CA 2006-41 10/2/06 Establishing mitigation fee for removal of trees (not included in legislative history for 2006 Code) Sec. A1.003 CA 2006-42 10/10/06 Adopts map designating the town’s ETJ NIC CA 2006-43 11/6/06 Animal control Sec. II Amendments Definitions Sec. 2.01.001 CA Penalty; injunctive relief Sec. 2.01.002 CA Enforcement Sec. 2.01.003 CA Fees Sec. 2.01.004 CA Exceptions Sec. 2.01.005 CA Humane care of animals Sec. 2.01.006 CA Maximum number of animals Sec. 2.01.007 CA Prohibited actions against animals Sec. 2.01.008 CA Sanitary conditions Sec. 2.01.009 CA Defecation of animals on public and private property Sec. 2.01.010 CA Animals at large Sec. 2.01.011 CA Animal noise Sec. 2.01.012 CA Authority to impound, kill or muzzle certain animals Sec. 2.01.013 CA Dangerous dogs Sec. 2.01.014 CA Keeping livestock or wild or prohibited animal Sec. 2.01.015 CA Town Council Page 1174 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-31 Ord. No. Date Description Disposition Supp. No. 2006-43, cont’d. Confinement of animal involved in attack Sec. 2.01.016 CA Vicious animals Sec. 2.01.017 CA Rabies control; vaccination of dogs and cats Sec. 2.01.018 CA Licenses and tags Sec. 2.01.019 CA Special requirements for keeping miniature pigs and ferrets Sec. 2.01.020 CA Impoundment Sec. 2.02.001 CA Release of unvaccinated animals Sec. 2.02.002 CA Adoption of impounded animals Sec. 2.02.003 CA Dangerous wild animals; Inspection of premises Sec. 2.03.001 CA Dangerous wild animals; relocation or disposition of animal Sec. 2.03.002 CA Dangerous wild animals; attack by animal; escape of animal Sec. 2.03.003 CA Dangerous wild animals; care and treatment; transportation Sec. 2.03.004 CA Dangerous wild animals; liability insurance Sec. 2.03.005 CA Dangerous wild animals; transfer of ownership Sec. 2.03.006 CA Dangerous wild animals; offenses Sec. 2.03.007 CA Dangerous wild animals; civil penalty Sec. 2.03.008 CA Dangerous wild animal certificate of registration; required Sec. 2.03.041 CA Dangerous wild animal certificate of registration; application Sec. 2.03.042 CA Dangerous wild animal certificate of registration; denial or revocation Sec. 2.03.043 CA Dangerous wild animal certificate of registration; effective date Sec. 2.03.044 CA Dangerous wild animal certificate of registration; display Sec. 2.03.045 CA Dangerous wild animal certificate of registration; exemptions Sec. 2.03.046 CA 2006-44 11/6/06 Cable Franchise Agreement with Charter Communications NIC CA 2006-45 11/6/06 Terms and authorization of note for Harmony Park Reconstruction and improvement NIC CA 2006-46 11/20/06 Amend zoning ordinance Sec. 2 Accessory structures and uses Sec. 14.02.253 CA 2006-47 11/20/06 Hotel occupancy tax Sec. 2 Amendments; adoption of ch. 15, art. I Sec. 1.01 Definitions Sec. 11.02.001 CA Sec. 1.02 Levy; collection Sec. 11.02.002 CA Sec. 1.03 Exemptions and refunds Sec. 11.02.003 CA Sec. 1.04 Reports and records Sec. 11.02.004 CA Town Council Page 1175 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-32 Ord. No. Date Description Disposition Supp. No. 2006-47, cont’d. Sec. 1.05 Failure to file report or pay tax Sec. 11.02.005 CA Sec. 1.06 Use of revenue Sec. 11.02.006 CA Sec. 1.07 Criminal penalty Sec. 11.02.007 CA 2006-48 11/20/06 Creating a fire marshal's office Sec. II Amendments Office of fire marshal created Sec. 5.02.001 CA Qualifications Sec. 5.02.002 CA Powers and duties of fire marshal; appointment and removal Sec. 5.02.003 CA Authority and duties as peace officers Sec. 5.02.004 CA Arson investigator reserve force Sec. 5.02.005 CA 2006-49 12/18/06 Amends municipal court personnel Sec. 2.01 Amends court clerk Sec. 7.02.004 CA Sec. 2.02 Appoints judges NIC CA 2007-01 1/8/07 Renumbers chapter 10, article XII to article XIII, entitled "Fire Marshal" NIC CA 2007-02 2/5/07 Amends subdivision regulations Sec. II Amendment Developer’s agreements; procedures Sec. 10.02.201 CA Tree preservation and removal; land- disturbing activities Sec. 10.02.251 CA 2007-03 2/5/07 Calls general election May 12, 2007 NIC CA 2007-04 2/19/07 Annexation NIC CA 2007-05 2/19/07 Reinvestment Zone No. 1 NIC CA 2007-06 2/19/07 Reinvestment Zone No. 2 NIC CA 2007-07 2/19/07 Reinvestment Zone No. 3 NIC CA 2007-08 2/19/07 Reinvestment Zone No. 4 NIC CA 2007-09 2/19/07 Amends fee schedule Sec. II Parks and recreation Sec. A1.012 CA 2007-10 3/5/07 Amends ch. 5, sec. 4.05(B)(2); political signs Sec. 3.09.062 CA 2007-11 3/5/07 Zoning ordinance; PD-28 NIC CA 2007-12 3/19/07 Amends budget, FY 06-07 NIC CA 2007-13 3/19/07 Calls general election May 12, 2007 NIC CA 2007-14 4/2/07 Bond series 2007 for streets NIC CA 2007-15 4/2/07 Repeals Ord. 2006-11 PZ PD-27; The Highlands at Trophy Club NIC CA 2007-16 4/16/07 Swimming pools Sec. II Amendments Definitions Sec. 3.07.001 Penalty Sec. 3.07.002 CA Applicability; prohibitions Sec. 3.07.003 CA Exceptions Sec. 3.07.004 CA Notice of violation; failure to comply with notice Sec. 3.07.005 CA Abatement without notice Sec. 3.07.006 CA Appeals Sec. 3.07.007 CA Application; fees Secs. 3.07.031, 3.07.032 CA Fence requirements Sec. 3.07.061 CA Form survey required Sec. 3.07.062 CA Town Council Page 1176 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-33 Ord. No. Date Description Disposition Supp. No. 2007-16, cont’d. Inspections Sec. 3.07.063 CA Lighting Sec. 3.07.064 CA Plumbing and electrical work Sec. 3.07.065 CA Location of pool Sec. 3.07.066 CA Draining of pool Sec. 3.07.067 CA Screening Sec. 3.07.068 CA Health and safety standards; clarity of water Sec. 3.07.069 CA Location of equipment Sec. 3.07.070 CA 2007-17 4/16/07 Amends zoning ordinance Sec. II Fencing, retaining walls and screening Sec. 14.02.351 CA 2007-18 5/7/07 Certificate of obligation; series 2007 NIC CA 2007-19 5/21/07 Canvassing returns of May 12, 2007 election NIC CA 2007-20 7/23/07 Amends fee schedule Sec. II Applicability; conflicts; waivers Sec. A1.001 CA 2007-21 8/20/07 Calls charter amendment election NIC CA 2007-22 9/10/07 PD-28; final site plan for NISD High School NIC CA 2007-23 9/24/07 Assessment services PID NIC CA 2007-24 9/24/07 Tax levy, FY 07-08 NIC CA 2007-25 9/24/07 Adopts budget, FY 07-08 NIC CA 2007-26 10/1/07 Amends PD 21 to allow fitness-workout facility NIC CA 2007-27 10/15/07 Denies Atmos rate increase NIC CA 2007-28 10/15/07 Amends budget, FY 06-07 NIC CA 2007-29 –/–/07 Approves service and assessment plan and assessment roll NIC CA 2007-30 11/5/07 Amends Ord. 2007-15; PD-27 NIC CA 2007-31 11/5/07 Repeals Ord. 1999-15; roadway easement dedication NIC CA 2007-32 11/19/07 Amends gas and oil wells; on-site requirements (Sec. II, (6.01(A)(2)(c))) Sec. 14.03.033 CA 2007-33 11/19/07 Canvassing returns charter election (Nov 6) All propositions failed CA 2007-34 12/13/07 Approves bond issuance; PID 1 NIC CA 2007-35 12/13/07 Approves service and assessment plan and assessment roll NIC CA 2008-01 FAILED CA 2008-02 1/21/08 Amends fee schedule Sec. II Community development department Sec. A1.003 CA 2008-03 2/4/08 Approves financing of new police video equipment NIC CA 2008-04 2/4/08 Calls joint/general election for May 10, 2008 NIC CA 2008-05 2/4/08 Lawn and landscape irrigation conservation Sec. II Amendments; restrictions Sec. 1.10.062 CA Town Council Page 1177 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-34 Ord. No. Date Description Disposition Supp. No. 2008-06 2/4/08 Oncor Electric Delivery NIC CA 2008-07 2/18/08 Amends Ord. 2008-04; calling a joint/general election for May 10, 2008 NIC CA 2008-08 3/3/08 Approves note (police department) NIC CA 2008-09 3/3/08 Approving settlement with Atmos NIC CA 2008-10 3/3/08 Amends fee schedule Sec. II Water and wastewater fees for Public Improvement District No. 1 Sec. A1.014 CA 2008-11 3/3/08 Amends ch. 5, sec. 4.05(B)(2); political signs Sec. 3.09.062 CA 2008-12 FAILED CA 2008-13 5/19/08 Canvasses May 10, 2008 election NIC CA 2008-14 5/19/08 Indemnification of officers Sec. II Amendments Purpose Sec. 9.03.001 CA Definitions Sec. 9.03.002 CA Right to indemnification Sec. 9.03.003 CA Representation in actions Sec. 9.03.004 CA Town’s defenses Sec. 9.03.005 CA Disciplinary action Sec. 9.03.007 CA Suits by or on behalf of town Sec. 9.03.008 CA Exclusions Sec. 9.03.009 CA 2008-15 5/19/08 Amends signs Sec. 2.01 Definition of changeable electronic variable sign (CEVMs) Sec. 3.09.001 CA Sec. 2.02 Definition of electronic message board Sec. 3.09.001 CA Sec. 2.03 Renumbers sec. 4.03 Secs. 3.09.004, 3.09.005, 3.09.017, 3.09.018 CA Sec. 2.04 Adds following sections A. Purpose/applicability Sec. 3.09.003 CA F. Billboard signs/CEVMs Sec. 3.09.019 CA G. CEVMs or electronic message boards Sec. 3.09.019 CA Sec. 2.05 Amends sec. 4.06; electronic message boards Sec. 3.09.092 CA Sec. 2.06 Amends sec. 4.06; CEVMs Sec. 3.09.092 CA 2008-16 7/7/08 Rezoning NIC CA 2008-17 7/7/08 Amends fee schedule Sec. II Water and wastewater fees for Public Improvement District No. 1 Sec. A1.014 CA 2008-18 7/21/08 Adds ch. 15, sec. 2.01; Penalty for collection costs for delinquent taxes and assessments Sec. 11.01.001 CA 2008-19 8/4/08 Amends ch. 1, sec. 6.01(C); times of meetings (not included in legislative history Secs. 1.03.031–1.03.039 CA 2008-20 Skipped CA 2008-21 8/18/08 Peddlers and solicitors Sec. II Amendments Definitions Sec. 4.03.001 CA Hours and days of operation Sec. 4.03.003 CA Town Council Page 1178 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-35 Ord. No. Date Description Disposition Supp. No. 2008-21, cont’d. Commercial solicitation Secs. 4.03.031–4.03.040 CA Charitable solicitation Secs. 4.03.071–4.03.077 CA Religious solicitation Secs. 4.03.101–4.03.104 CA 2008-22 8/18/08 Swimming pools Sec. II Amendments Definitions Sec. 3.07.001 CA Applicability; prohibitions Sec. 3.07.003 CA Draining of pool Sec. 3.07.067 CA 2008-23 9/8/08 Amends Ord. 2006-39, PD 25, exhibit 5.6, sign criteria NIC CA 2008-24 9/8/08 Amends zoning ordinance; foot rule Sec. 2.01 General definitions Sec. 14.02.052 CA Secs. 2.02, 2.03, 2.04 Accessory structures and uses Sec. 14.02.253 CA 2008-25 9/8/08 Tariffs for Atmos Energy Corporation NIC CA 2008-26 9/22/08 Approves annual SAP and assessment roll for PID1 NIC CA 2008-27 9/22/08 Adopts budget, FY 08-09 NIC CA 2008-28 9/22/08 Tax levy, FY 08-09 NIC CA 2008-29 9/22/08 Rezoning NIC CA 2008-30 9/29/08 Fixing and levying SAP emergency services NIC CA 2008-31 10/6/08 Adds ch. 10, secs. 2.08 and 2.09; motor vehicle idling limitations Sec. 2.01 Renumbers and amends ch. 10, sec. 2.08 to 2.09 Sec. 12.01.002 CA Sec. 2.02 Adds sec. 2.08 Locally enforced motor vehicle idle limitations Sec. 12.01.005 CA 2008-32 10/6/08 Amends parks and recreation board Sec. II Amendment to ch. 9, art. I Sec. 1.01 Definitions Sec. 1.08.031 CA Sec. 1.02 Board established; number of members; terms; qualifications Sec. 1.08.032 CA Sec. 1.03 Powers and duties of board Sec. 1.08.033 CA Sec. 1.04 Procedures of the board Sec. 1.08.034 CA 2008-33 10/20/08 Peddlers and solicitors; hours and days of operation Sec. 4.03.003 CA 2008-34 10/20/08 Amends budget, FY 07-08 NIC CA 2008-35 10/20/08 Denies Oncor Electric Delivery request to increase rates NIC CA 2008-36 11/3/08 Adds ch. 3, art. XVI 2003 International Property Maintenance Code Sec. 2 Adoption Sec. 3.03.351 CA Amendments Sec. 3.03.352 CA Penalty Dltd. by Ord. 2012-34 CA 2008-37 11/17/08 Amends fee schedule Sec. II Amendments Community development department Sec. A1.003 CA Planning and zoning department Sec. A1.004 CA Animal control Sec. A1.006 CA Town Council Page 1179 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-36 Ord. No. Date Description Disposition Supp. No. 2008-37, cont’d. Emergency medical services Sec. A1.007 CA Police department Sec. A1.011 CA Water and wastewater fees for Public Improvement District No. 1 Sec. A1.014 CA 2008-38 12/1/08 Traffic-control devices Sec. II Amendments Secs. 12.02.001–12.02.008, 12.02.031–12.02.033 CA 2008-39 12/1/08 Amends Ord. 2007-15; PD-27, the Highlands NIC CA 2008-40 12/1/08 Amends Ord. 2002-41; PD-25, Trophy Wood Business Center NIC CA 2008-41 12/15/08 Reappoint and extend the term of the current presiding and alternate judges NIC CA 2008-42 12/15/08 Amends fee schedule Sec. II Amendments Building definitions Sec. A1.002 CA Community development department Sec. A1.003 CA Animal control Sec. A1.006 CA Water and wastewater fees for Public Improvement District No. 1 Sec. A1.014 CA 2008-43 12/15/08 Amends ch. 2, sec. 1.10; surrender of domestic animals. Sec. 2.02.001 CA 2008-44 1/5/08 Amends Ord. 2007-15; PD-27 NIC CA 2009-01 1/5/08 Amends Ord. 2007-15; PD-27 NIC CA 2009-02 1/19/09 Fee schedule Sec. II Community development department Sec. A1.003 CA 2009-03 2/16/09 Sex offender safety zone map Sec. 8.06.007 CA 2009-04 2/16/09 Tree preservation and removal Sec. II Amendment Penalty Sec. 10.02.010 CA Definitions Sec. 10.02.241 CA Parks and recreation board to serve as tree board Sec. 10.02.242 CA Tree preservation Sec. 10.02.243 CA Information assistance Sec. 10.02.244 CA Protected trees Sec. 10.02.245 CA Specimen trees Sec. 10.02.246 CA Majestic or historic trees Sec. 10.02.247 CA Tree removal and replacement Sec. 10.02.248 CA Tree protection measures Sec. 10.02.249 CA Tree permits Sec. 10.02.250 CA Land-disturbing activities Sec. 10.02.251 CA Appeals Sec. 10.02.252 CA 2009-05 3/2/09 Dissolution of MUD2 NIC CA 2009-06 3/2/09 Calls special election NIC CA 2009-07 3/9/09 Calls special election; charter amendments NIC CA 2009-08 5/18/09 Rezoning NIC CA Town Council Page 1180 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-37 Ord. No. Date Description Disposition Supp. No. 2009-09 5/18/09 Amends zoning ordinance Sec. II Accessory structures and uses Sec. 14.02.253 CA 2009-10 Skipped 2009-11 5/18/09 Canvassing returns of special election NIC CA 2009-12 5/18/09 Amends home rule charter Sec. 1 Incorporation of premises NIC CA Sec. 2 Adoption of amendments Sec. 2.01 Proposition 4: terms for council Charter, secs. 3.01, 3.02(a), (1), 3.04(c), (d), (e), 5.01, 5.06, 6.01, 6.04(g), 6.06 CA Sec. 2.02 Proposition 5: Resign council seat Charter, secs. 3.02(a)(7), 5.04(f) CA Sec. 2.03 Proposition 6: Forfeiture of office Charter, secs. 3.04(b) CA Sec. 2.04 Proposition 7: Filling council vacancies Charter, secs. 3.04(c), (d), (e) CA Sec. 2.05 Proposition 9: Mayor voting Charter, secs. 3.06, 3.12, 3.16(b), 3.17 CA Sec. 2.06 Proposition 10: Agenda request process Charter, sec. 3.11(b) CA Sec. 2.07 Proposition 11: Conflict of interest and abstention from voting Charter, sec. 3.20 CA Sec. 2.08 Proposition 12: Appointment language consistency Charter, secs. 4.02(a), 4.07, 4.11, 4.12, 4.14 CA Sec. 2.09 Proposition 13: Compliance with election code Charter, secs. 5.01(e), 6.02, 6.04(f), 7.02, 7.03, CA Sec. 2.10 Proposition 14: Define grounds for recall Charter, secs. 6.01, 6.03 CA Sec. 2.11 Proposition 19: Budget process Charter, secs. 3.06, 3.08, 4.05, 9.02–9.20 CA Sec. 2.12 Proposition 21: Code of ethics and ethics commission Charter, sec. 11.14 CA Sec. 2.13 Proposition 22: Charter review commission Charter, sec. 11.15 CA Sec. 2.14 Proposition 23: Term limits Charter, sec. 3.22 CA Sec. 2.15 Proposition 24: Power to grant franchise Charter, sec. 10.03 CA 2009-13 6/1/09 Runoff from construction activity Sec. 3.14.007 CA 2009-14 6/22/09 Amends budget, FY 08-09 NIC CA 2009-15 6/22/09 Abandons tract of land NIC CA 2009-16 7/6/09 Town council rules of procedure Secs. 1.03.031–1.03.039 CA 2009-17 7/20/09 Approving a change in the tariffs of Atmos NIC CA 2009-18 1/20/09 Drought contingency plan Sec. II Policy, purpose and intent Sec. 1.10.091 CA Applicability (this section combined with “policy, purpose and intent” by Ordinance 2013-13) Sec. 1.10.091 CA Definitions Sec. 1.10.093 CA Enforcement; penalty Sec. 1.10.094 CA Town Council Page 1181 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-38 Ord. No. Date Description Disposition Supp. No. 2009-18, cont’d. Notification of drought conditions Sec. 1.10.095 CA Restrictions during Stage 1 Sec. 1.10.096 CA Restrictions during Stage 2 Sec. 1.10.097 CA Restrictions during Stage 3 Sec. 1.10.098 CA Termination of restrictions Sec. 1.10.099 CA 2009-19 8/17/09 Calls a bond election NIC CA 2009-20 8/24/09 Amends zoning ordinance Sec. II Accessory structures and uses Sec. 14.02.253 CA 2009-21 8/24/09 Ordinance renumbering charter as a result of charter amendments adopted at the May 2009 election. Renumbers sec. 3.06 as amended by prop. 19 to sec. 3.06A Charter, sec. 3.06 CA Renumbers 5.01(e) as added by prop. 13 to (h) Charter, sec. 5.01 CA Renumbers sec. 6.01 as added by prop. 14 to 6.01A Charter, sec. 6.01A CA 2009-22 8/24/09 Accepts service and assessment plan and updated assessment roll for PID 1 NIC CA 2009-23 9/14/09 Amends budget, FY 08-09 NIC CA 2009-24 9/28/09 Accepts update of the service and assessment plan and updated assessment roll for PID 1 NIC CA 2009-25 9/28/09 Accepts service and assessment plan for PID 1 NIC CA 2009-26 9/28/09 Adopts budget, FY 09-10 NIC CA 2009-27 9/28/09 Tax levy, FY 09-10 NIC CA 2009-28 11/2/09 Hotels Sec. II Amendments Definitions Sec. 3.12.001 CA Penalty Sec. 3.12.002 CA Permit Sec. 3.12.003 CA Guest registration requirements Sec. 3.12.004 CA Standards for premises and equipment Sec. 3.12.005 CA Inspections; cancellation of permit Sec. 3.12.006 CA Appeals Sec. 3.12.007 CA 2009-29 11/2/09 Swimming pools Sec. 2.01 Location of pool Sec. 3.07.066 CA Sec. 2.02 Accessory structures and uses Sec. 14.02.253 CA 2009-30 11/2/09 Zoning changes to PD 27 NIC CA 2009-31 11/16/09 Canvasses election results NIC CA 2009-32 11/16/09 Traffic control Sec. II Amendments Traffic-control devices Secs. 12.02.001–12.02.008, 12.02.031–12.02.033 CA Speed limits Secs. 12.03.041–12.03.043 CA 2009-33 12/7/09 Amends budget, FY 09-10 NIC CA 2010-01 2/1/10 Amends PD-27 Village Center NIC CA 2010-02 2/1/10 Bond series 2010 NIC CA Town Council Page 1182 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-39 Ord. No. Date Description Disposition Supp. No. 2010-03 2/1/10 Swimming pools Sec. II Applicability; prohibitions Sec. 3.07.003 CA 2010-04 2/15/10 Amends PD-15, "The Lakes of Trophy Club" NIC CA 2010-05 2/15/10 Calls sales tax election NIC CA 2010-06 2/15/10 Amends ch. 12, sec. 8.08; tree removal and replacement Sec. 10.02.248 CA 2010-05A 3/8/10 Calls May 8, 2010 election NIC CA 2010-07 3/8/10 Amends budget, FY 09-10 NIC CA 2010-08 3/8/10 Amends budget, FY 09-10 NIC CA 2010-09 4/26/10 Issues general obligation bonds, series 2010 NIC CA 2010-10 4/26/10 Amends zoning; setback from an existing wellhead to a habitable structure. Sec. 3 Oil and gas well drilling and production Sec. 14.02.262 CA 2010-11 4/26/10 Approves Harmony parkland transaction swap NIC CA 2010-12 4/26/10 Amends PD-27 NIC CA 2010-16 4/26/10 Calls public hearing to amend PD- 27, known as The Highlands at Trophy Club NIC CA 2010-13 5/17/10 Amends PD- 27, known as The Highlands NIC CA 2010-14 5/17/10 Canvasses general election NIC CA 2010-15 5/17/10 Amends fee schedule Sec. 2 Parks and recreation Sec. A1.012 CA 2010-16 4/26/10 Amends PD-27 NIC CA 2010-17 7/19/10 Amends budget, FY 09-10 NIC CA 2010-18 7/19/10 Amends budget, FY 09-10 NIC CA 2010-19 8/2/10 Mobile homes, manufactured homes, trailers Sec. II Screening or enclosure of commercial vehicles, boats and trailers Sec. 3.08.072 CA 2010-20 8/2/10 Amends PD-21, in order to allow outdoor display of propane NIC CA 2010-21 9/13/10 Amends Ord. 2003-30 designating official newspaper to Star -Telegram or its affiliates NIC CA 2010-22 9/20/10 Issuance of general obligation refunding bonds, series 2010 NIC CA 2010-23 9/27/10 Accepts service and assessment plan for authorized emergency services and assessment roll for PID1 NIC CA 2010-24 9/27/10 Accepts update of the service and assessment plan and updated assessment roll for PID1 NIC CA 2010-25 9/27/10 Adopts budget, FY 10-11 NIC CA 2010-26 9/27/10 Tax levy, FY 10-11 NIC CA 2010-27 9/27/10 Amends tariffs of Atmos Energy Corporation NIC CA 2010-28 10/4/10 Amends PD-13; "Village" NIC CA Town Council Page 1183 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-40 Ord. No. Date Description Disposition Supp. No. 2010-29 10/18/10 Adds ch. 10, art. XIV, illegal smoking products and materials Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendment–Adoption of article XIV of chapter X Sec. 14.01 Definitions Sec. 8.07.001 CA Sec. 14.02 Purpose–Restricted smoking materials prohibited Sec. 8.07.002 CA Sec. 14.03 Sale, delivery, offer or gift Sec. 8.07.003 CA Sec. 14.04 Use or possession of restricted smoking material Sec. 8.07.004 CA Sec. 14.05 Use or possession of restricted smoking paraphernalia Sec. 8.07.005 CA Sec. 14.06 Defenses to prosecution Sec. 8.07.006 CA 2010-30 12/6/10 Amends ch. 7, art. II, sec. 2.01, appointments; appoints presiding judge and alternate judges NIC CA 2011-01 1/3/11 Adds ch. 1, art. XVI, citizens financial advisory board Rpld. by Ordinance adopting Code CA 2011-02 1/17/11 Amends ch. 10, art. II, sec. 2.03(B), stop signs, adds subsecs. 166–170 Sec. 12.02.031(166)–(170) CA 2011-03 2/7/11 Adds ch. 1, art. XVII, code of ethics Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendment–Adoption of article XVII of chapter 1 2.01 Adopts art. XVII, code of ethics Sec. 17.01 Policy; applicability Sec. 1.05.001 CA Sec. 17.02 Principles of conduct Sec. 1.05.002 CA Sec. 17.03 Definitions Sec. 1.05.003 CA Sec. 17.04 Standards of conduct Sec. 1.05.004 CA Sec. 17.05 Disclosure of interest Sec. 1.05.005 CA Sec. 17.06 Ethics review commission Sec. 1.05.006 CA Sec. 17.07 Disposition of alleged violations Sec. 1.05.007 CA Sec. 17.08 Request for review Sec. 1.05.008 CA Sec. 17.09 Culpable mental state Sec. 1.05.009 CA Sec. 17.10 False complaints Sec. 1.05.010 CA Sec. 17.11 Penalty Sec. 1.05.011 CA 2011-04 2/7/11 Amends budget, FY 10-11 NIC CA 2011-05 2/7/11 Amends budget, FY 10-11 NIC CA 2011-07 2/24/11 Amends ch. 1, art. VIII, fee schedule Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendments 2.01 Amends ch. 1, sec. 8.04(T), conditional use permit Sec. A1.004(t) CA 2.02 Amends ch. 1, sec. 8.06, animal control, subsecs. C., G. C. Impound fee Sec. A1.006(c) CA G. Euthanasia Sec. A1.006(g) CA Town Council Page 1184 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-41 Ord. No. Date Description Disposition Supp. No. 2011-07, cont’d. 2.03 Amends ch. 1, sec. 8.07, emergency medical service billing, amends subsecs. I, J., K., L., X.X., E.E.E., O.O.O., adds subsecs. A.A.A.A.–H.H.H.H. I. ALS emergency mileage Sec. A1.007(9) CA J. ALS non-emergency mileage Sec. A1.007(10) CA K. BLS emergency mileage Sec. A1.007(11) CA L. BLS non-emergency mileage Sec. A1.007(12) CA X.X. Drug - Glucagon Sec. A1.007(50) CA E.E.E. Drug - Naloxone Sec. A1.007(57) CA O.O.O. Drug - Thiamine Sec. A1.007(67) CA A.A.A.A. IV - Lorazepam/Ativan Sec. A1.007(79) CA B.B.B.B. IV - Haldol/Haloperidol Sec. A1.007(80) CA C.C.C.C. IV - Ondansetron/Zofran Sec. A1.007(81) CA D.D.D.D. Nitroglycerin spray Sec. A1.007(82) CA E.E.E.E. IV - Hydromorphone/Dilaudid Sec. A1.007(83) CA F.F.F.F. IV - Hydralazine Sec. A1.007(84) CA G.G.G.G IV - Bedesonide/Pulmicort Sec. A1.007(85) CA H.H.H.H. IV - Amiodarone/Codarone Sec. A1.007(86) CA 2.04 Repeals ch. 1, sec. 8.12, community pool, and adopts new sec. 8.12, parks and recreation Sec. A1.012 CA 2.05 Repeals ch. 1, sec. 8.15, parks and recreation, and renumbers sec. 8.16 as 8.15 NIC CA 2011-08 2/24/11 Calls general election; calls special election for legalization of sale of alcoholic beverages for off-premise consumption NIC CA 2011-09 3/7/11 Amends budget, FY 10-11 NIC CA 2011-06 3/21/11 Disbands tree board and assigns its duties to parks and recreation board Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendments 2.01 Amends ch. 12, art. VIII, sec. 8.02, parks and recreation board to serve as tree board Sec. 10.02.242 CA 2.02 Amends ch. 12, art. VIII, tree preservation and removal; the term “tree board” replaced by “board” Sec. 8.04(A) Sec. 10.02.244(a) CA Sec. 8.05(C) Sec. 10.02.245(c)(1) CA Sec. 8.06(A)(1) Sec. 10.02.246(a)(1) CA Sec. 8.07(A)(1) Sec. 10.02.247(a)(1) CA Sec. 8.07(A)(2) Sec. 10.02.247(a)(2) CA Sec. 8.08(C)(1)(c) Sec. 10.02.248(c)(3) CA Sec. 8.08(G) Sec. 10.02.248(g) CA Sec. 8.09(A)(6) Sec. 10.02.249(a)(6) CA Sec. 8.10(A)(2) Sec. 10.02.250(a)(2) CA Sec. 8.10(B)(2)(b) Sec. 10.02.250(b)(2)(B) CA Sec. 8.10(B)(2)(c) Sec. 10.02.250(b)(2)(C) CA Town Council Page 1185 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-42 Ord. No. Date Description Disposition Supp. No. 2011-06, cont’d. Sec. 8.10(B)(2)(d) Sec. 10.02.250(b)(2)(D) CA Sec. 8.12 Sec. 10.02.252 CA 2.03 Amends ch. 9, art. I, sec. 1.03, powers and duties of the parks and recreation board Sec. 1.08.033 CA 2011-10 3/21/11 Amends ch. 3, art. VIII, International Energy Conservation Code, sec. 8.01, adoption Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendments Sec. 8.01 Adoption Sec. 3.03.301 CA 2011-11 4/4/11 Amends ch. 11, art, VI, sec. 6.05, runoff from construction activity, subsection B. responsibilities, first paragraph Sec. 3.14.007(b)(1) CA 2011-12 4/4/11 Amends ch. 4, art. 1, flood damage prevention Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendment Sec. 1.01 Findings of fact Sec. 3.13.001 CA Sec. 1.02 Statement of purpose Sec. 3.13.002 CA Sec. 1.03 Methods of reducing flood losses Sec. 3.13.003 CA Sec. 1.04 Definitions Sec. 3.13.004 CA Sec. 1.05 General provisions Sec. 3.13.005 CA Sec. 1.06 Administration Sec. 3.13.006 CA Sec. 1.07 Provisions for flood reduction Sec. 3.13.007 CA Sec. 1.08 Violations Sec. 3.13.008 CA 2011-13 4/4/11 Amends Ord. 2011-08, exhibits B and C, general and special election NIC CA 2011-14 4/4/11 Adds ch. 10, art. XV, special event permit; amends ch. 5, sec. 4.05(E), special purpose signs Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendments 2.01 Adds ch. 10, art. XV, special event permit Sec. 15.01 Definitions Sec. 1.09.001 CA Sec. 15.02 Permit required; exemptions Sec. 1.09.003 CA Sec. 15.03 Application procedure Sec. 1.09.004 CA Sec. 15.04 Special events coordinator Sec. 1.09.002 CA Sec. 15.05 Permit fees and costs Sec. 1.09.005 CA Sec. 15.06 Indemnification, insurance and bonding Sec. 1.09.006 CA Sec. 15.07 Number of events, hours of operation, and duration of event Sec. 1.09.009 CA Sec. 15.08 Event parking requirements Sec. 1.09.010 CA Sec. 15.09 Miscellaneous Sec. 1.09.011 CA Sec. 15.10 Denial or revocation Sec. 1.09.007 CA Town Council Page 1186 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-43 Ord. No. Date Description Disposition Supp. No. 2011-14, cont’d. Sec. 15.11 Appeals Sec. 1.09.008 CA 2.02 Amends ch. 5, art. IV, sec. 4.05(E), special purpose signs Sec. 3.09.065 CA 2011-15 4/18/11 Amends ch. 4, art. 1, sec. 1.05, subsec. B., basis for establishing areas of special flood hazard Sec. 3.13.005(b) CA 2011-16 5/2/11 Amends ch. 1, art. XVI, sec. 16.03(A), citizens financial advisory board Rpld. by Ordinance adopting Code CA 2011-17 5/2/11 Amends ch. 13, zoning; sale of alcoholic beverages for off-premises consumption Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendments 2.01 Renames and renumbers ch. 13, sec. 3.02, classification of new and unlisted properties, as sec. 3.03, use table Sec. 14.02.103, title CA Amends sec. 3.03, use table, subsec. G, retail, to add classification for liquor store Sec. 14.02.103(g) CA 2.02 Amends ch. 13, sec. 5.02, sale of alcoholic beverages, subsec. A, definitions, adds definition of liquor store Sec. 14.02.252(a) CA 2.03 Amends ch. 13, sec. 5.02, sale of alcoholic beverages, first paragraph of subsec. F.3, compliance - on-premises sale and consumption Sec. 14.02.252(f)(3), first paragraph CA 2.04 Amends ch. 13, sec. 5.02, sale of alcoholic beverages, adds subsec. F.4., compliance - off-premises consumption Sec. 14.02.252(f)(4) CA 2.05 Amends ch. 13, sec. 5.02, sale of alcoholic beverages, first paragraph of subsec. G., criteria and processing of SUP Sec. 14.02.252(g), first paragraph CA 2.06 Repeals ch. 13, sec. 5.02, sale of alcoholic beverages, subsec. G.8, conditions of special use permit NIC CA 2.07 Amends ch. 13, sec. 5.02, sale of alcoholic beverages, adds subsection H., denial of SUP Sec. 14.02.252(h) CA 2.08 Renumbers ch. 13, art. 5, sec. 5.02(H)–(L) as (I)–(M) NIC CA 2011-18 5/2/11 Amends ch. 3, art. XV, swimming pools Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendments 2.01 Amends secs. 15.02, applicability and prohibited conduct, subsecs. A., E. A. Sec. 3.07.003(a) CA E. Sec. 3.07.003(e) CA 2.02 Amends sec. 15.04, subsec. I., draining of swimming pools Sec. 3.07.067 CA Town Council Page 1187 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-44 Ord. No. Date Description Disposition Supp. No. 2011-18, cont’d. 2.03 Amends sec. 15.04.K, clarity of water, subsec. 5 Sec. 3.07.069(e) CA 2.04 Repeals sec. 15.04K, clarity of water, subsec. 6 NIC CA 2011-19 5/23/11 Results of general election and special election held on May 14, 2011 NIC CA 2011-20 5/23/11 Settlement with Oncor Electric Delivery Company LLC NIC CA 2011-21 6/6/11 Repeals and replaces ch. 10, art. V, firearms Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendment 2.01 Amends ch. 10, art. V, discharge of firearms and regulation of weapons Sec. 5.01 Definitions Sec. 8.05.001 CA Sec. 5.02 Discharge of firearms prohibited Sec. 8.05.002 CA Sec. 5.03 Firearms dealers Sec. 4.01.001 CA Sec. 5.04 Other weapons Sec. 8.05.003 CA Sec. 5.05 Hunting Sec. 8.05.004 CA 2011-22 6/6/11 Adds sec. 2.01 to ch. 1, art. II, signature authority of mayor and town manager Sec. 1.02.001 CA 2011-23 6/20/11 Adds ch. 10, art. VII, sec. 7.1(C), response to emergency; emergency roadway access Sec. 9.02.002 CA 2011-24 6/20/11 Adds ch. 3, art. XVIII, job site maintenance Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendments Art. XVIII. Job site maintenance Sec. 18.01 Definitions Sec. 3.04.002 CA Sec. 18.02 Worksite cleanliness and waste disposal Sec. 3.04.003 CA 2011-25 6/20/11 Amends ch. 3, art. XVIII, job site maintenance Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendments Art. XVIII. Job site maintenance Sec. 18.01 Applicability Sec. 3.04.001 CA Sec. 18.02 Definitions Sec. 3.04.002 CA Sec. 18.03 Worksite cleanliness and waste disposal Sec. 3.04.003 CA 2011-26 7/18/11 Amends Ords. 2010-28, 2006-15, 2002- 23, 97-23, 97-16, 95-20, planned development no. 13, exhibit C NIC CA 2011-27 7/18/11 Amends Ords. 2010-20, 2010-14, 99-17, planned development no. 21, exhibit C NIC CA 2011-28 8/1/11 Adopts new rates with Atmos Mid-Tex NIC CA 2011-29 8/15/11 Amends budget, FY 10-11 NIC CA 2011-30 9/12/11 Amends ch. 10, art. II, sec. 2.02(B), speed of vehicles Sec. 12.03.042 CA Town Council Page 1188 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-45 Ord. No. Date Description Disposition Supp. No. 2011-37 10/17/11 Amends ch. 10, art. II, sec. 2.03(B), stop signs, adds subsecs. 171–185 Sec. 12.02.031(171)–(185) CA 2011-38 10/17/11 Amends ch. 1, art. VIII, fee schedule Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendments 2.01 Amends ch. 1, sec. 8.03, community development department, subsec. C., building (new construction residential and commercial), by adding subsecs. 1 and 2 1. Commercial deposit Sec. A1.003(c)(1) CA 2. Residential deposit Sec. A1.003(c)(2) CA 2.02 Amends ch. 1, sec. 8.03, community development department, subsec. N., other inspections and fees Sec. A1.003(n) CA 2.03 Amends ch. 1, sec. 8.10, municipal court Sec. A1.010 CA 2011-39 11/14/11 Amends ch. 10, art. 2, sec. 2.05(E), overnight parking Sec. 12.04.008 CA 2012-01 1/23/12 Adds ch. 11, art. V, stormwater drainage fees Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendment Sec. 5.01 Definitions Sec. 13.03.031 CA Sec. 5.02 Findings and determinations Sec. 13.03.032 CA Sec. 5.03 Stormwater drainage utility fees schedule Sec. 13.03.033 CA Sec. 5.04 Billing, payment, and penalties Sec. 13.03.034 CA Sec. 5.04 Adjustment of fees Sec. 13.03.035 CA Sec. 5.06 Stormwater drainage utility fund Sec. 13.03.036 CA Sec. 5.07 Exemption clause Sec. 13.03.037 CA 2012-02 1/23/12 Amends Ords. 2011-27, 2010-20, 2000- 14, 99-17, planned development no. 21, exhibit C NIC CA 2012-03 1/23/12 Repeals Ord. 1999-15, abandons specific real estate NIC CA 2012-04 1/26/12 Rezoning NIC CA 2012-05 2/20/12 Abandons utility easement NIC CA 2012-06 3/5/12 Joint general election between town and Municipal Utility District No. 1 NIC CA 2012-07 3/19/12 Designates no parking zone Sec. 12.04.003(7) CA 2012-08 3/19/12 Amends budget, FY 11-12 NIC CA 2012-09 5/7/12 Amends ch. 10, art. XV, special events Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendments 2.01 Amends sec. 15.01, definitions Sec. 1.09.001 CA 2.02 Amends sec. 15.02, permit required/exemptions, subsecs. B., C. B. Events exempt from permit Sec. 1.09.003(b) CA C. Events requiring special approval Sec. 1.09.003(c) CA Town Council Page 1189 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-46 Ord. No. Date Description Disposition Supp. No. 2012-09, cont’d. 2.03 Amends sec. 15.03, application procedure, subsecs. A.1, 4, 11, 12, 14, C A.1 Sec. 1.09.004(a)(1) CA A.4 Sec. 1.09.004(a)(4) CA A.11 Sec. 1.09.004(a)(11) CA A.12 Sec. 1.09.004(a)(12) CA A.14 Sec. 1.09.004(a)(14) CA C. Sec. 1.09.004(c) CA 2.04 Amends sec. 15.04, special events coordinator, subsec. 1. Sec. 1.09.002(1) CA 2.05 Amends sec. 15.05, permit fees and costs, subsec. B, reimbursable costs Sec. 1.09.005(b) CA 2.06 Amends sec. 15.06, indemnification, insurance, and bonding, subsec. B, insurance and bonding required Sec. 1.09.006(b) CA 2.07 Amends sec. 15.09, miscellaneous, subsecs. B., F., G. H. B. Amusement rides Sec. 1.09.011(b) CA F. Water service Sec. 1.09.011(f) CA G. Solid waste collection and disposal Sec. 1.09.011(g) CA H. Loudspeakers Sec. 1.09.011(h) CA 2.08 Amends sec. 15.10, denial or revocation, subsecs. A.1, 6, B. A. Permit denial 1. Sec. 1.09.007(a)(1) CA 6. Sec. 1.09.007(a)(6) CA B. Notice of denial Sec. 1.09.007(b) CA 2.09 Amends ch. 5, art, IV, sec. 4.05, temporary signs, subsec. E.1.b, informational and directional signs Sec. 3.09.065(1)(B) CA 2012-10 5/7/12 Adds ch. 10, art. II, sec. 2.02(D), speed of vehicles in temporary construction or maintenance zones NIC (per Ordinance adopting Code) CA 2012-11 5/21/12 Canvasses general election NIC CA 2012-12 5/21/12 Repeals and replaces ch. 1, sec. 8.12, park fees Sec. A1.012 CA 2012-13 5/21/12 Thirty-six hour time limit for providing public information Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendments Sec. 2.01 Adds ch. 1, sec. 13.02; 36 hour time limit Sec. 1.07.062 CA Sec. 2.02 Adds ch. 1, sec. 8.14(m); personnel charges in excess of 36 hours Sec. A1.013 CA 2012-14 6/18/12 Noise nuisances Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendment Sec. 2.01 Amends ch. 8, sec. 1.01(A)(6); construction activities Sec. 8.02.003(a)(6) CA Town Council Page 1190 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-47 Ord. No. Date Description Disposition Supp. No. 2012-14, cont’d. Sec. 2.02 Amends ch. 8, sec. 1.01(A)(8); operation of heavy equipment, trucks, or machinery Sec. 8.02.003(a)(8) CA Sec. 2.03 Renumbers ch. 8, sec. 1.01(A)(9) to (10) and adds a new subsec. (9); prohibits construction work on certain holidays Sec. 8.02.003(a)(9) CA Sec. 2.04 Amends “town planning and zoning director” with “community development director” Rpld. by Ordinance adopting Code CA 2012-15 8/20/12 Orders special election NIC CA 2012-16 9/4/12 Issuance of tax notes, series 2012 NIC CA 2012-17 9/4/12 Amends refuse, recyclable and hazardous waste materials Sec. 1 Incorporation of preamble NIC CA Sec. 2 Amendments Sec. 2.01 Amends ch. 11, sec. 1.01; definition of “construction debris” Sec. 13.02.001 CA Sec. 2.02 Amends ch. 11, sec. 1.01; definition of “refuse container” Sec. 13.02.001 CA Sec. 2.03 Amends ch. 11, sec. 1.02(E); duties of residential customer Sec. 13.02.002(5) CA Sec. 2.04 Amends ch. 11, sec. 1.03; residential collection of brush Sec. 13.02.003 CA Sec. 2.05 Amends ch. 11, sec. 1.06; removal of construction debris Sec. 13.02.006 CA Sec. 2.06 Amends ch. 11, sec. 1.09(F); prohibited acts Sec. 13.02.009(f) CA 2012-18 9/10/12 Amends budget, FY 2012 NIC CA 2012-19 9/24/12 Amends zoning definitions; adds definition of “bank or financial institution” Sec. 14.02.052 CA 2012-20 9/24/12 Accepting and approving an update of service and assessment plan and updated assessment roll for PID1 NIC CA 2012-21 9/24/12 Accepting and approving an update of service and assessment plan and updated assessment roll for PID1 emergency services NIC CA 2012-22 9/24/12 Adopts budget for economic development corporation 4A, FY 12-13 NIC CA 2012-23 9/24/12 Adopts budget for economic development corporation 4B, FY 12-13 NIC CA 2012-24 9/24/12 Adopts budget, FY 12-13 NIC CA 2012-25 9/24/12 Tax levy, TY 2013 NIC CA 2012-26 11/19/12 Canvasses sales tax election returns NIC CA 2012-27 12/10/12 Adopts International Building Code, 2009 edition Sec. 1 Incorporation clause NIC CA Town Council Page 1191 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-48 Ord. No. Date Description Disposition Supp. No. 2012-27, cont’d. Sec. 2 Repeals ch. 3, art. III in its entirety; adopts exhibit A; adoption and amendments Secs. 3.03.051, 3.03.052 CA 2012-28 12/10/12 Adopts International Residential Code, 2009 edition Sec. 1 Incorporation clause NIC CA Sec. 2 Repeals ch. 3, art. IV in its entirety; adopts exhibit A; adoption and amendments Secs. 3.03.101, 3.03.102 CA 2012-29 12/10/12 Adopts International Plumbing Code, 2009 edition Sec. 1 Incorporation clause NIC CA Sec. 2 Repeals ch. 3, art. VII in its entirety; adopts exhibit A; adoption and amendments Secs. 3.03.251, 3.03.252 CA 2012-30 12/10/12 Adopts International Mechanical Code, 2009 edition Sec. 1 Incorporation clause NIC CA Sec. 2 Repeals ch. 3, art. VI in its entirety; adopts exhibit A; adoption and amendments Secs. 3.03.201, 3.03.202 CA 2012-31 12/10/12 Adopts International Energy Conservation Code, 2009 edition Sec. 1 Incorporation clause NIC CA Sec. 2 Repeals ch. 3, art. VIII in its entirety; adopts exhibit A; adoption and amendments Secs. 3.03.301, 3.03.302 CA 2012-32 12/10/12 Adopts International Fire Code, 2009 edition Sec. 1 Incorporation clause NIC CA Sec. 2 Repeals ch. 3, art. IX in its entirety; adopts exhibit A; adoption and amendments Secs. 3.03.451, 3.03.452 CA 2012-33 12/10/12 Adopts International Fuel Gas Code, 2009 edition Sec. 1 Incorporation clause NIC CA Sec. 2 Adds art. XVIII; adopts exhibit A; adoption and amendments Secs. 3.03.401, 3.03.402 CA 2012-34 12/10/12 Adopts International Property Maintenance Code, 2009 edition Sec. 1 Incorporation clause NIC CA Sec. 2 Repeals ch. 3, art. XVI in its entirety; adopts exhibit A; adoption and amendments Secs. 3.03.351, 3.03.352 CA 2012-35 12/10/12 Adopts National Electrical Code, 2011 edition Sec. 1 Incorporation clause NIC CA Sec. 2 Repeals ch. 3, art. V in its entirety; adopts exhibit A; adoption and amendments Secs. 3.03.151, 3.03.152 CA 2012-36 12/10/12 Designates municipal court judge NIC CA Town Council Page 1192 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-49 Ord. No. Date Description Disposition Supp. No. 2012-37 12/10/12 Adds ch. 10, sec. 2.02(B)(6), (7), speed limits Sec. 12.03.042(6), (7) CA 2012-38 12/10/12 Rezoning NIC CA 2012-39 12/10/12 Amends budget, FY 2013 NIC CA 2013-01 1/7/13 Amends ch. 10, sec. 2.03(B), stop signs Sec. 12.02.031(186)–(214) CA 2013-02 1/7/13 Amends budget, FY 2013 NIC CA 2013-03 1/21/13 Amends budget 4B development corporation, FY 2013 NIC CA 2013-04 2/4/13 Amends ch. 10, sec. 2.05(B)(1)(g) and (h) and renumbers following subsections, prohibited parking zones Sec. 12.04.003 CA 2013-05 2/25/13 Amends Ords. 2012-02, 2011-27, 2010- 20, 2010-14, 99-17, planned development no. 21, exhibit C NIC CA 2013-06 2/25/13 Calls general and charter election NIC CA 2013-07 3/1/13 Amends Ord. 2013-06; general and charter election NIC CA 2013-08 3/4/13 Rezoning NIC CA 2013-09 3/4/13 Rezoning NIC CA 2013-10 3/4/13 Amends parks and recreation Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendments Sec. 2.01 Amends ch. 9, sec. 1.01; definitions Sec. 1.08.031 CA Sec. 2.02 Renumbers art. II from “Trophy Club Park” to art. III Sec. 2.03 Adds new art. II; park regulations 2.01 Park property generally–Prohibited acts Sec. 1.08.061 CA 2.02 Vehicular regulations–Prohibited acts Sec. 1.08.062 CA 2.03 Roller skates, roller blades, in-line skates, skateboards, coasters, scooters and bicycles–Regulations and prohibitions Sec. 1.08.063 CA 2.04 Use of tobacco products Sec. 1.08.064 CA 2.05 Unshelled nuts and seeds Sec. 1.08.065 CA 2.06 Freedom Dog Park–Regulations and prohibitions Sec. 1.08.066 CA 2.07 Exemptions Sec. 1.08.067 CA 2013-11 4/22/13 Adds ch. 10, sec. XIV; motorized carts 14.01 Applicability; exemptions Sec. 12.07.001 CA 14.02 Definitions Sec. 12.07.002 CA 14.03 Operational regulations Sec. 12.07.003 CA 14.04 Equipment regulations–operation of a motorized cart Sec. 12.07.004 CA 14.05 Permits and cart operation stickers Sec. 12.07.005 App. A, sec. A1.011 CA 2013-12 5/21/13 Canvasses special election results Town Council Page 1193 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-50 Ord. No. Date Description Disposition Supp. No. 2013-13 5/20/13 Amends drought contingency plan Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendment Sec. 2.01 Combines ch. 11, secs. 9.01 and 9.02; declaration of policy, purpose and intent; applicability Sec. 1.10.091 CA Sec. 2.02 Adds ch. 11, sec. 9.02; policy statement/year round water management and conservation requirements Sec. 1.10.092 CA 2013-14 –/–/13 Approves rate review mechanism for Atmos NIC CA 2013-15 5/21/13 Adopts home rule charter amendments Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendments Sec. 2.01 Proposition 3; qualifications for council Charter, sec. 3.02(a)(1) CA Sec. 2.02 Proposition 4; qualifications for council; vacancies, forfeiture of office, filling of vacancies Charter, secs. 3.02(b), 3.04(b) CA Sec. 2.03 Proposition 5 repeals sec. 3.06A and amends sec. 3.06; mayor Charter, sec. 3.06 CA Sec. 2.04 Proposition 6; emergency ordinances Charter, sec. 3.17 CA Sec. 2.05 Proposition 7; investigative powers of the council Charter, sec. 3.19 CA Sec. 2.06 Proposition 8; indemnification of officers Charter, sec. 3.21 CA Sec. 2.07 Proposition 9; powers and duties of town manager Charter, sec. 4.05(f) CA Sec. 2.08 Proposition 10; powers and duties; town manager, town secretary Charter, secs. 4.05(o), 4.08(e) CA Sec. 2.09 Proposition 11; municipal court Charter, sec. 4.10 CA Sec. 2.10 Proposition 12; clerk of the court Charter, sec. 4.12 CA Sec. 2.11 Proposition 13; canvassing and election returns Charter, sec. 5.06 CA Sec. 2.12 Proposition 14; repeals sec. 6.01 and amends sec. 6.01A; scope of recall Charter, sec. 6.01A, introductory paragraph CA Sec. 2.13 Proposition 15; capital program, submission to council Charter, sec. 9.08(a) CA Sec. 2.14 Proposition 16; rearrangement and renumber Charter, sec. 11.12 CA Sec. 2.15 Proposition 17; charter review commission Charter, sec. 11.15 CA Sec. 2.16 Proposition 18; number, selection, term; elections Charter, secs. 3.01, 5.01 CA 2013-16 5/20/13 Vacates parkway NIC CA 2013-17 8/5/13 Combination tax and revenue certificates of obligation NIC CA 2013-18 8/5/13 Rezoning NIC CA Town Council Page 1194 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-51 Ord. No. Date Description Disposition Supp. No. 2013-19 8/5/13 Animal shelter advisory board Sec. 1 Incorporation of premises NIC CA Sec. 2 Creation of advisory committee; members Sec. 2.04.001 CA Sec. 3 Terms Sec. 2.04.002 CA Sec. 4 Staff liaison Sec. 2.04.003 CA Sec. 5 Duties Sec. 2.04.004 CA Sec. 6 Meetings Sec. 2.04.005 CA Sec. 7 Responsibilities of staff liaison Sec. 2.04.006 CA 2013-20 8/12/13 Orders special election; councilmember NIC CA 2013-21 8/19/13 Rezoning NIC CA 2013-22 8/19/13 Amends ch. 10, sec. 2.02(B)(7), speed limits Sec. 12.03.042 (7) CA 2013-23 8/19/13 Designates reinvestment zone 1 NIC CA 2013-24 9/3/13 Amends ch. 1, sec. 8.11; fees for concealed handgun license class Sec. A1.011(l) CA 2013-26 9/3/13 Amends ch. 1, sec. 8.12(B); park and recreation fees Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendments Sec. 2.01 Amends Trophy Club Park entry rates Sec. A1.012(e) CA Sec. 2.02 Amends community pool fees Sec. A1.012(f) CA 2013-27 9/3/13 Amends ch. 1, sec. 8.03; community development fees Sec. A1.003 CA 2013-28 9/9/13 Community development fees Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendment Sec. 2.01 Amends sec. 8.03(C); plan review fees Sec. A1.003(c)(4), table 1, table 2 CA Sec. 2.02 Amends sec. 8.03(D); certificate of occupancy Sec. A1.003(d) CA Sec. 2.03 Amends sec. 8.03(F); contractor registration Sec. A1.003(f) CA Sec. 2.04 Amends sec. 8.03(K); grading permit Sec. A1.003(k) CA Sec. 2.05 Amends sec. 8.03(L); health permits Sec. A1.003(l) CA 2013-29 8/12/13 Amends Ord. 2013-20; orders special election; councilmember NIC CA 2013-30 9/9/13 Adopts updated service and assessment plan (PID 1) NIC CA 2013-31 9/23/13 Tax levy, FY 13-14 NIC CA 2013-32 9/23/13 Adopts service and assessment plan emergency services (PID 1) NIC CA 2013-33 9/23/13 Adopts budget, FY 13-14 NIC CA 2013-34 9/23/13 Adopts budget, economic development corporation, FY 13-14 NIC CA 2013-35 9/23/13 Amends budget, FY 2012-2013 NIC CA 2013-36 10/7/13 Amends ch. 1, sec. 14.04(A); designation of records management officer Sec. 1.07.034 CA Town Council Page 1195 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-52 Ord. No. Date Description Disposition Supp. No. 2013-37 10/7/13 Amends Ord. 2013-19, sec. 2; members of animal shelter advisory board Sec. 2.04.001 CA 2013-38 10/7/13 Approves negotiated resolution with Atmos NIC CA 2013-39 10/21/13 Amends PD 21; electronic cigarette supplies store NIC CA 2013-40 10/21/13 Amends ch. 1, sec. 8.01; deferred disposition administrative fees Sec. A1.010(i) CA 2013-41 11/18/13 Canvasses election returns NIC CA 2013-42 11/18/13 Amends animal control Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendments Sec. 2.01 Amends ch. 2, sec. 1.20(A)(1); owner identification and rabies tags Sec. 2.01.019(a) CA Sec. 2.02 Amends ch. 1, sec. 8.06; deletes $5.00 fee for registration of animals Sec. A1.006 CA 2014-01 2/3/14 Approves project and financing plan for reinvestment zone 1 NIC CA 2014-02 2/17/14 Calls general and special election NIC CA 2014-03 2/26/14 Amends Ord. 2014-02; calling general and special election NIC CA 2014-04 2/26/14 Calls bond election NIC CA 2014-05 3/3/14 Amend budget, FY 2013-2014 NIC CA 2014-06 3/3/14 Amends PD 30; Shops at Trophy Club NIC CA 2014-07 3/17/14 Amends ch. 1, sec. 8.11; home firearms safety class fee Sec. A1.011(m) CA 2014-08 4/7/14 Combination tax and revenue certificates of obligation, series 2014 NIC CA 2014-09 4/21/14 Reinvestment Zone No. 1 NIC CA 2014-10 4/7/14 Town council rules of procedure Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendment; adopts exhibit A Sec. 6.01 Rules of procedure A. Authority Sec. 1.03.031 CA B. General rules Sec. 1.03.032 CA C. Types of meetings Sec. 1.03.033 CA D. Chairman and duties Sec. 1.03.034 CA E. Order of business Sec. 1.03.035 CA F. Consideration of ordinances, resolutions and motions Sec. 1.03.036 CA G. Rules of decorum Sec. 1.03.037 CA H. Parliamentary motions and precedence Sec. 1.03.038 CA I. Creation of boards, commissions, corporations and other appointed bodies Sec. 1.03.039 CA 2014-14 6/16/14 Amends ch. 1, sec. 6.01; town council rules of procedure, types of meetings and agenda Secs. 1.03.033(a), 1.03.035(a) CA 2014-15 6/16/14 Amends ch. 10, sec. 4.05; approved times for solicitation Sec. 4.03.003 CA Town Council Page 1196 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-53 Ord. No. Date Description Disposition Supp. No. 2014-16 6/16/14 Amends ch. 1, sec. 8.16; public works for public improvement district 1 fee schedule Sec. A1.014 CA 2014-17 7/22/14 Deletes ch. 6, sec. 2.12; snow cone establishments NIC CA 2014-18 7/22/14 Amends budget, FY 13-14 NIC CA 2014-19 7/22/14 Amends Ord. 2014-29; Reinvestment Zone No. 1 NIC CA Sec. 1 Incorporation of premises NIC CA Sec. 2 Amendments Sec. 2.01 Amends ch. 10, sec. 4.01; definitions Sec. 4.03.001 CA Sec. 2.02 Amends ch. 10, sec. 4.02(G)(5); commercial solicitation prohibited conduct Sec. 4.03.037(5) CA Sec. 2.03 Amends ch. 10, sec. 4.06; adds do not solicit/no knock list Sec. 4.03.004 CA Sec. 2.04 Amends ch. 10, sec. 4.07; penalty Sec. 4.03.002 CA 2014-22 8/12/14 Amends ch. 1, sec. 16.02; citizens financial advisory board terms Rpld. by Ordinance adopting Code CA 2014-23 8/12/14 Calls special election to fill vacant council seat NIC CA 2014-24 8/26/14 Amends Ordinance 2013-19, sec. 3; animal shelter advisory board staggered terms Sec. 2.04.002 CA 2014-25 8/26/14 Issuance and sale of tax notes, series 2014 NIC CA 2014-26 9/9/14 Accepts service and assessment plan for PID 1 NIC CA 2014-27 9/15/14 Amends budget, FY 13-14 NIC CA 2014-28 9/23/14 Adopts budget, FY 14-15 NIC CA 2014-29 9/23/14 Accepts service and assessment plan for emergency services PID 1 NIC CA 2014-30 9/23/14 Adopts economic development budget, FY 14-15 NIC CA 2014-31 9/23/14 Tax levy, TY 14-15 NIC CA 2014-32 9/23/14 Amends ch. 1, sec. 8.16; adds annual capital improvements and maintenance fee (PID 1) Sec. A1.014 CA 2014-33 10/14/14 Amends sec. 2.04(B); food establishment permits and exceptions Sec. 4.06.041 CA 2014-34 10/28/14 Amends ch. 10, sec. 2.02(B)(6); school zone Trophy Club Dr. Sec. 12.03.042(6) CA 2014-35 11/13/14 Canvasses special election returns (councilmember) NIC CA 2014-36 11/13/14 Amends Ord. 2007-15; PD-27; The Highlands at Trophy Club NIC CA 2014-38 11/25/14 Repeals Ord. 2014-09 and 2014-19; TIRZ 2 NIC CA 2014-40 11/25/14 TMRS; increase in retirement annuities NIC CA Town Council Page 1197 of 1236 Meeting Date: February 9, 2016 Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table Appendix C-54 Ord. No. Date Description Disposition Supp. No. 2015-41 11/13/15 Amends charter, sec. 9.02; budget submission Charter, sec. 9.02 CA 2015-43 12/8/15 Amends clerical errors in charter Sec. 2.01 Amends sec. 4.08; duties of the town secretary Charter, sec. 4.08 CA Sec. 2.02 Renumbers and reorders sec. 9.04; budget Charter, sec. 9.04 CA Sec. 2.03 Corrects grammatical error in sec. 11.15; charter review commission Charter, sec. 11.15 CA Town Council Page 1198 of 1236 Meeting Date: February 9, 2016 SUMMARY OF AMENDMENTS TO CODE OF ORDINANCES** **Not a comprehensive list GENERAL: 1. The numbering system to be used in the new code is a three-part system. The first number indicates the chapter number. The second indicates the article number within that chapter. The third number indicates the section number within that article and chapter. As an example, section 3.05.008 would be the eighth section in chapter 3, article 3.05. 2. The new code includes a history of amending ordinances at the end of every section. 3. The codifier does not capitalize terms such as “town” and other definitions and titles. This is their standard format. 4. The draft prepared for adoption is current through the end of calendar year 2014. 5. The Town is in two counties: Denton and Tarrant. The term “Denton County” has been revised in the following sections: • Sec. 3.05.005(3). • Sec. 3.07.005(c). • Sec. 5.02.003(a)(5). • Sec. 6.05.006 (renumbered as 8.09.006 in the draft prepared for adoption). • Sec. 9.05.033(a)(5). • Sec. 10.02.032, • Sec. 10.02.061(a)(3). • Sec. 13.03.033(b). • Sec. 13.05.017. • Sec. A1.004(oo) • Section 1.08.061(8) 6. In the completed version of the code, a general penalty provision has been included in the first chapter and contains current penalty amounts as authorized by state law. Centralizing the penalty provision is done for ease of reference. Also, should the Texas Legislature revise the allowable penalty amounts, only this one section of the code would be in need of revision, thus providing a savings on the cost of supplementing the code. 7. Revisions have been made throughout the code where necessary to update the name(s) of any state or federal commissions, agencies, etc. References throughout the code to “city” when referring to the Town of Trophy Club have been revised to “Town,” without notation when appropriate. Summary of Amendments to Code of Ordinances Page 1 of 12 Town Council Page 1199 of 1236 Meeting Date: February 9, 2016 SUMMARY OF AMENDMENTS TO CODE OF ORDINANCES** **Not a comprehensive list 8. Revisions were made throughout the code where necessary to update references to state and federal law. 9. Ordinances making initial appointments to boards or positions been omitted from the code. 10. In some instances it was discovered that a word or phrase appeared to be missing in the original code provision or ordinance. Where the missing language was obvious, it has been included and has been bracketed. Further, in cases where language had been bracketed in the prior code, these brackets have been removed. 11. Materials in the new code will be organized according to the following chapter arrangement: • Home Rule Charter • Chapter 1: General Provisions • Chapter 2: Animal Control • Chapter 3: Building Regulations • Chapter 4: Business Regulations • Chapter 5: Fire Prevention & Protection • Chapter 6: Health & Sanitation • Chapter 7: Municipal Court • Chapter 8: Offenses & Nuisances • Chapter 9: Personnel • Chapter 10: Subdivision Regulation • Chapter 11: Taxation • Chapter 12: Traffic & Vehicles • Chapter 13: Utilities • Chapter 14: Zoning • Appendix A: Fee Schedule • Appendix B: Code Comparative Table • Appendix C: Ordinance Disposition Table • Code Index 12. The following is some minor rearranging of the code: • Article 5.03 Fire Code has been moved to article 3.03 with the other technical and construction codes. • Article 6.04 Food Establishments has been moved to chapter 4 Business Regulations. • Article 6.05 Weeds, Refuse and Other Objectionable Matter has been moved to chapter 8 Offenses and Nuisances. • Article 4.06 Oil and Gas Regulations has been moved to article 14.03 of the zoning chapter. Summary of Amendments to Code of Ordinances Page 2 of 12 Town Council Page 1200 of 1236 Meeting Date: February 9, 2016 SUMMARY OF AMENDMENTS TO CODE OF ORDINANCES** **Not a comprehensive list • Article 13.04 Water Conservation and Drought Response has been moved to an article in chapter 1 entitled Environmental Protection. 13. The following ordinances that were not included in the 2006 Code have been added to the draft prepared for adoption: • Ordinance 98-28 raised the penalty for many ordinances adopted by the Town but this was not incorporated in Ordinances 86-07 (single-family residence licensing), 86-06 (apartment complex licensing) and 85-19 (septic tanks, cesspools and privies). • Ordinance 2005-28 pertaining to motor-assisted scooters, pocket bikes and mini-motorbikes was added as article 12.06. • Ordinance 2008-31 pertaining to locally enforced motor vehicle idling limitations was added as section 12.01.005. 14. All references throughout the code to Marshall Creek Park have been changed to Trophy Club Park. HOME RULE CHARTER: 15. The charter is included in the existing Code as article 1 of chapter 1. The numbering in the original Charter was changed by the Codifier. The numbering will be changed back to that adopted. For example, provisions now numbered as Section 5.00 will be Article V. NOTE: We have notified the Codifier that this change has not been made in the current draft. 16. The history notes in the Charter have been changed to be consistent with the history notes in the rest of the Code. CHAPTER 1 – GENERAL PROVISIONS: 17. Ordinance 2011-01 (as amended), Citizens Financial Advisory Board. Since this ordinance was subsequently repealed by Ordinance 2015-25, it was not incorporated in the current draft for adoption. 18. Sec. 1.08.062 (renumbered to 1.08.092 in the draft prepared for adoption), Hours open to the public; signage. The code contained incorrect hours. Changes sent by the staff and set forth below are incorporated into this section. This is a substantive change to make the hours of operation consistent with current operational guidelines: Summary of Amendments to Code of Ordinances Page 3 of 12 Town Council Page 1201 of 1236 Meeting Date: February 9, 2016 SUMMARY OF AMENDMENTS TO CODE OF ORDINANCES** **Not a comprehensive list Park Operational Hours Season Days Park Opens Park Closes Summer Monday through Sunday 6:00 a.m. 8:00 p.m. Parts of Fall/Spring Monday through Sunday 6:00 a.m. 7:00 p.m. Winter Monday through Sunday 6:00 a.m. 6:00 p.m. Park ORV/OHV Operational Hours Season Days Park Opens From (OHV) To (OHV) Park Closes Summer Monday through Sunday 6:00 a.m. 8:00 a.m. 8:00 p.m. 8:00 p.m. Parts of Fall/Spring Monday through Sunday 6:00 a.m. 8:00 a.m. 7:00 p.m. 7:00 p.m. Winter Monday through Sunday 6:00 a.m. 8:00 a.m. 6:00 p.m. 6:00 p.m. CHAPTER 2 – ANIMAL CONTROL: 19. All references to “Animal Control Department” have been replaced with “Animal Control Services or Division.” 20. Sec. 2.01.001, Definitions. In order to comply with state law, the definitions for “dangerous dog” and “harboring or harboring of animal” were amended. 21. Sec. 2.01.003, Enforcement. Animal Control - Subsection (a) has been clarified to state that the Town has enforcement authority and it expanded the enforcement authority given to the local rabies control authority to a designee. This is a substantive change that is consistent with the Town’s use of outside animal control contractors: (a) Generally. Enforcement of this chapter shall be the responsibility of the Summary of Amendments to Code of Ordinances Page 4 of 12 Town Council Page 1202 of 1236 Meeting Date: February 9, 2016 SUMMARY OF AMENDMENTS TO CODE OF ORDINANCES** **Not a comprehensive list town, including without limitation, the local rabies control authority and his designee. 22. Sec. 2.02.001, Generally. Impoundment of Animals - Subsection (f)(7) has been added to read as follows: “For the purposes of this section, an owner shall include a person who is harboring an animal.” 23. Sec. 2.02.002, Release of unvaccinated animals. This section has been partially amended to correct a typographical error in the second sentence to make the written number consistent with the numeral in parenthesis. 24. Sec. 2.03.007, Offenses. Subsection (a) has been partially amended to read: “A person commits an offense if the person violates section 2.03.043(a)(b), section 2.03.045, or section 2.03.003(a) or (b) of this chapter.” 25. Sec. 2.03.008, Civil penalty. Subsection (a) has been amended to read: “A person who violates section 2.03.042(a) 2.03.002(a) is liable for a civil penalty of not less than two hundred dollars ($200.00) and not more than two thousand dollars ($2,000.00) for each animal with respect to which there is a violation and for each day the violation continues.” This change corrects a typographical error. CHAPTER 3 – BUILDING REGULATIONS: 26. Sec. 3.02.001, Appointment. This section has been amended to read as follows; this is a substantive change consistent with the Town’s form of government: The town council manager or designee may by motion appoint a person to be the building official and/or code enforcement officer for the town and appoint such other assistants to the building official and/or code enforcement officer as the town council deems deemed expedient or necessary. 27. Sec. 3.02.002, Authority. This section has been amended to read as follows; this change adds language to provide specific legal authority for enforcement of all ordinances by the building official and code enforcement officer. This is a substantive change; however, it is consistent with current practice. It also removes the reference to “uniform” codes. The building official and/or code enforcement officer so appointed shall have the power and authority to enforce the town building, electrical and mechanical codes, the town uniform building code standards, the town uniform code for the abatement of dangerous structures, the town uniform housing code, and all other codes, ordinances and regulations of the town which concern building, construction, housing or related other development activities. The building official and/or code enforcement officer shall have such other authority for administration Summary of Amendments to Code of Ordinances Page 5 of 12 Town Council Page 1203 of 1236 Meeting Date: February 9, 2016 SUMMARY OF AMENDMENTS TO CODE OF ORDINANCES** **Not a comprehensive list and enforcement of town ordinances and regulations as adopted via town ordinance or as otherwise directed by the town manager or designee. 28. Sec. 3.03.053, Amendments (renumbered as 3.03.052 in the draft prepared for adoption). The language in subsection (8) amending section 105.2 of the International Building Code, was duplicative of that in subsection (4) and has been deleted. 29. Sec. 3.03.102, Amendments. The amendments to subsection (10) (amended by Ordinance 2012-28), the climatic and geographic design criteria has been corrected to read: Climatic and Geographic Design Criteria GROUND SNOW LOAD WIND DESIGN SEISMIC DESIGN CATEGORYf SPEEDd (mph) Topographic Effectsk 5 90 SUBJECT TO DAMAGE FROM Weatheringa Frost line depthb Termitec 12 VH WINTER DESIGN TEMPe ICE BARRIER UNDER- LAYMENT REQUIREDh FLOOD HAZARDSg AIR FREEZING INDEXi MEAN ANNUAL TEMPj 30. Sec. 3.03.202, Amendments. In the local amendment to section 504.6.1, no text was set out. The mechanical code amendments were amended by Ordinance 2012-30; so there are no local amendments to section 504.6.1 in the new ordinance. 31. Sec. 3.06.001, Definitions. The reference to the “the Uniform Building Code, 1991 edition, as adopted by Ordinance No. 92-04A” has been revised to “the currently adopted editions of the building codes.” 32. Sec. 3.06.004, Appeals. This section has been amended to refer appeals to the Town Manager or designee and to change the staff designation to building official. NOTE: We have notified the Codifier that this change has not been made in the current draft. Summary of Amendments to Code of Ordinances Page 6 of 12 Town Council Page 1204 of 1236 Meeting Date: February 9, 2016 SUMMARY OF AMENDMENTS TO CODE OF ORDINANCES** **Not a comprehensive list 33. Sec. 3.06.007, Compliance with Uniform Building Code. This section provides that the “Uniform Building Code, as adopted by the town” is applicable to replacement of roofs. This is not the currently adopted building code and the reference has been changed to “the currently adopted editions of the building codes.” 34. Sec. 3.07.007, Appeals, Sec. 3.09.010, Meritorious exceptions and appeals, and Sec. 3.14.004, Administration and enforcement. These sections have been amended to change specific staff designees to the “Town manager or designee.” 35. Sec. 3.11.006, Display of license; replacement license; transfer. A typographical error has been corrected so that it is clear that the regulations in this section apply to single family residences. 36. Sec. 3.14.004, Administration and enforcement, Subsection (a)(1)(A). Staff designation has been amended to Town Manager or designee and legal reference has been changed to CFR (“Code of Federal Regulations”) rather than the Code of Ordinances. CHAPTER 4 – BUSINESS REGULATIONS: 37. Sec. 4.02.044, Appeals, Sec. 4.03.075, Appeals. This section has been amended to change specific staff designees to the “Town manager or designee.” 38. Sec. 4.03.001, Definitions. The definition of “charitable solicitations and charitable solicitations campaign” has been amended to correct a typographical error. 39. Sec. 4.03.103, Proof of registration. Subsection (b)(2) has been amended to correct a typographical error. 40. Sec. 4.04.002, Definitions. The definition of “adult arcade” was amended to correct a typographical error and the definition of “semi-nude” has been amended to add an omitted word “no”. 41. Sec. 4.04.033, Fee. The fee for a sexually oriented business license has been increased to $1,000.00 to be consistent with state law. CHAPTER 5 – FIRE PREVENTION AND PROTECTION: 42. Sec. 5.04.002, Penalty (renumbered as 5.03.002 in the draft prepared for adoption). This section was amended to add a culpability standard as required by state law. Summary of Amendments to Code of Ordinances Page 7 of 12 Town Council Page 1205 of 1236 Meeting Date: February 9, 2016 SUMMARY OF AMENDMENTS TO CODE OF ORDINANCES** **Not a comprehensive list CHAPTER 6 – HEALTH AND SANITATION: 43. Sec. 6.02.004, Fee schedule. This section has been revised to remove the authority of the Town Manager to waive a fee set by the Council. This is a substantive change, but is consistent with the Town’s form of government. 44. Sec. 6.03.001, Established; duties. This section has been amended to provide for appointment of a health authority by the Town Council since this is a contractual relationship and not an employee. This is a substantive change. 45. Sec. 6.03.004, Removal. This section has been amended to clarify that the health authority of the Town may be removed as the discretion of the Town Council rather than per personnel policies. This is a substantive change consistent with current practice and Council authority dealing with a contract. 46. Sec. 6.03.005, Designation. This section currently provides for appointment of a specific person as health authority and has been deleted from the draft prepared for adoption. CHAPTER 7 – MUNICIPAL COURT: 47. Sec. 7.02.004, Clerk and other personnel. This section has been amended to identify the Town Manager or designee as the person responsible for appointment of a Court Clerk and allows the Court to utilize a “recording device” as it determines appropriate rather than a “Court reporter”. The change to add recording device is a substantive change can be used to reduce costs. 48. Sec. 7.02.037, Designation. This section appoints specific persons as judges. This section has been omitted in the new code. 49. Article 7.03, Fees, Costs and Special Expenses. The building security fee and technology fee were listed in the fee schedule (section A1.010), but these were not referenced in the regulations in chapter 7. Ordinance provisions consistent with state law have been added to this article for the building security fee and technology fee. (Sections 7.03.004 and 7.03.005.) CHAPTER 8 – OFFENSES AND NUISANCES: 50. Sec. 8.02.003, Declaration of nuisance. All references to the “planning and zoning director” or to “community development director” should be changed to “Town manager or designee”. NOTE: We have notified the Codifier that this change has not been made in the current draft. 51. Sec. 8.08.001, Definitions. The definition of "junked vehicle" has been amended to be consistent with current state law. This is a substantive change. Summary of Amendments to Code of Ordinances Page 8 of 12 Town Council Page 1206 of 1236 Meeting Date: February 9, 2016 SUMMARY OF AMENDMENTS TO CODE OF ORDINANCES** **Not a comprehensive list CHAPTER 9 – PERSONNEL: 52. Article 9.04, Texas Municipal Retirement System. The various TMRS ordinances and provisions in the existing Codification have not been included in this updated Codification because they are not laws affecting the public, thus on the advice of the Codifier, they were removed to save future costs of supplements. All changes to TMRS made by state law to TMRS that require Council action will continue to require an ordinance amendment approved by the Council, but to the extent that Town TMRS ordinances are current under state law, they have not been repealed, will continue in effect and will remain on file in the Town Secretary’s office. 53. Sec. 9.05.033, Chief of police. This section has been amended to be consistent with the Town’s home rule status, and references to “town administrator” have been change to “Town Manager”. CHAPTER 10 – SUBDIVISION REGULATION: 54. Sec. 10.02.067, Preliminary plats. In this section, subsections (g) and (h) are the same. Subsection (h) has been deleted. 55. Sec. 10.02.069, Vacation instrument, replatting and amended plats. In this section, subsections (c)(2) and (c)(3) are the same. Subsection (c)(3) has been deleted. 56. Sec. 10.02.250, Tree permits. In subsection (a)(2), there is a reference to “section (b)(3) of section 1.9”. There are no such provisions. This has been revised to refer to section 10.02.252 “Appeals”. CHAPTER 11 – TAXATION: 57. Sec. 11.01.001, Penalty for collection costs for delinquent taxes and assessments. This section makes reference to the specific firm to be used for delinquent tax collection services. This section has been revised to be more general. 58. Sec. 11.03.001, Sales tax elections. A section has been added to read as follows, placing all sales and use tax election results on file in the offices of the Town Secretary. This is a substantive change: Ordinances calling elections as well as those certifying election results for the imposition of sales and use taxes are on file in the office of the Town Secretary. (Ordinance adopting Code) Summary of Amendments to Code of Ordinances Page 9 of 12 Town Council Page 1207 of 1236 Meeting Date: February 9, 2016 SUMMARY OF AMENDMENTS TO CODE OF ORDINANCES** **Not a comprehensive list CHAPTER 12 – TRAFFIC AND VEHICLES: 59. Sec. 12.02.007, Installation and maintenance and Sec. 12.02.008, Evidence of validity. These sections have been amended to refer to the Town Manager or designee and to correct typographical errors. 60. Sec. 12.02.032, Stoplights. This section has been deleted since the Town has no stop lights. This is a substantive change. 61. Sec. 12.03.044, Temporary construction or maintenance zones. These were temporary regulations. This section has been deleted. This is a substantive change. 62. Sec. 12.04.005, Parking near certain crosswalks. This section was amended to add a list of no parking zones to facilitate enforcement. This is a substantive change. 63. Sec. 12.04.007, Parking near safety zone, fire lane or fire hydrant. Subsection (2) has been amended to be consistent with state law. The change was from 10 feet to 15 feet. This is a substantive change. CHAPTER 13 – UTILITIES: 64. This chapter was not part of the current Code but was created during the Codification process. No revisions were made to the ordinance provisions in this section. CHAPTER 14 – ZONING: 65. No changes have been made to any zoning regulations as part of the ordinance codification process due to the legal requirements regarding the adoption and amendment of zoning regulations. These regulations have been reproduced exactly as provided in the current code except for the changes made in the updated code for numbering, formatting and other non-substantive issues. 66. Sec. 14.02.103, Use table. Some of the entries in the table were marked with an asterisk, which would ordinarily indicate a corresponding note following the table, but there was no such note. Those asterisks have been deleted, which is not a substantive change. 67. Sec. 14.02.166, CR Commercial Recreation District regulations. A change was made to remove a duplicated section, one of which had no regulations but had words “REMOVE ALL”, which is not a substantive change. Summary of Amendments to Code of Ordinances Page 10 of 12 Town Council Page 1208 of 1236 Meeting Date: February 9, 2016 SUMMARY OF AMENDMENTS TO CODE OF ORDINANCES** **Not a comprehensive list APPENDIX A – FEE SCHEDULE: 68. Fee Schedule. The fee schedule was not reorganized. It is included as Appendix A. 69. Conflicts with fee schedule. A number of provisions in the Code were inconsistent because fees originally adopted in the regulatory section of an ordinance were revised over the years through the use of the Schedule of Fees so that fees could be easily located in one section of the Code. Other fees were located only in the regulatory section and not in the Schedule of Fees. References in regulatory provisions stating specific fee amounts have been removed, and fees have been placed in the Schedule of Fees. • Sec. 4.02.041(h), alarm system permit • Sec. 7.03.001, driving safety course fee • Sec. 12.04.008(b)(3), issuance and renewal fees for annual overnight parking permit • Sec. 1.09.005(a), fee for special event permit • Sec. 3.12.003, fee for hotel permit • Sec. 3.12.006(c), re-inspection fee for hotel • Sec. 4.02.014, false alarm service fees • Sec. 4.04.033, annual fee for sexually oriented business license (raised to $1,000.00. See notes for chapter 4 above.) • Sec. 8.04.005(a)(2), fee for placement of portable home storage unit (PODS) • Sec. 8.04.005(b), fee for extension of PODS permit • Sec. 12.04.008(d), fee for temporary overnight parking permit • Sec. 12.07.005(f), fees for motorized carts (added by Ordinance 2013-11) • Sec. 14.02.405(g)(1), filing fee for appeal to zoning board of adjustment • Sec. 1.08.098 • Sec. 3.10.005 • Sec. 3.10.008(c) • Sec. 3.11.005 • Sec. 3.11.008(c) • Sec. 4.03.033(c) • Sec. 7.03.002 • Sec. 7.03.003 • Sec. 12.05.031(b)(2) • Sec. 13.03.033(a) 70. Sec. A1.006, Animal control. The following fees have been added to this section. These fees were referenced in the regulatory provisions, but a fee was not set by the Town. A fee will need to be adopted for these items with the adoption of the Summary of Amendments to Code of Ordinances Page 11 of 12 Town Council Page 1209 of 1236 Meeting Date: February 9, 2016 SUMMARY OF AMENDMENTS TO CODE OF ORDINANCES** **Not a comprehensive list codification. This will be a substantive change: Pig licensing fee: $ per animal. Registration certificate for commercial establishment for dangerous wild animals: $ per establishment. 71. Sec. A1.014, Texas Administrative Code charges for providing copies of public information. These regulations appear to have been taken from Texas Administrative Code title 1, part 3, chapter 70, rule 70.3 (Charges for Providing Copies of Public Information). The same fees are set out in section A1.013; therefore, Section A1.014 has been deleted. Summary of Amendments to Code of Ordinances Page 12 of 12 Town Council Page 1210 of 1236 Meeting Date: February 9, 2016 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12016-63-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/1/2016 Town Council On agenda:Final action:2/9/2016 Title:Consider and take appropriate action regarding a Resolution repealing Resolution No. 2015-25 and adopting a new Resolution filling one (1) vacancy for the remainder of an unexpired term on the Parks and Recreation Board; reaffirming existing appointments; and providing an effective date. Attachments:RES 2016-01 - Parks Board Vacancy Appointment.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2015-25 and adopting a new Resolution filling one (1) vacancy for the remainder of an unexpired term on the Parks and Recreation Board; reaffirming existing appointments; and providing an effective date. Town Council Page 1211 of 1236 Meeting Date: February 9, 2016 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2016–01 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING RESOLUTION NO. 2015-25 AND ADOPTING A NEW RESOLUTION FILLING ONE (1) VACANCY FOR THE REMAINDER OF AN UNEXPIRED TERM ON THE PARKS AND RECREATION BOARD; REAFFIRMING EXISTING APPOINTMENTS; REAFFIRMING THE TOWN COUNCIL LIAISON; AND REAFFIRMING THE CHAIRPERSON TO SERVE ON THE BOARD; 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, Commissions and Corporations; and WHEREAS, the Trophy Club Town Council is charged with the responsibility of making appointments to the Boards, Commissions and Corporations serving the Town whose terms are expiring and to replace members who have resigned; and WHEREAS, on September 22, 2015, the Town Council of the Town of Trophy Club adopted Resolution No. 2015-25, making annual appointments, reaffirming existing appointments, appointing the Town Council Liaison, and appointing a Chairperson to serve on the Parks and Recreation Board for fiscal year 2015-2016; and WHEREAS, the Town Council generally takes action in September of each year to appoint residents to serve on various Town Board, Commission and Corporation seats; and WHEREAS, by passage of this Resolution, the Town Council hereby finds it appropriate to repeal Resolution No. 2015-25 and to adopt this Resolution filling one (1) vacancy for the remainder of an unexpired term, reaffirming existing appointments, reaffirming the Town Council Liaison, and reaffirming the Chairperson to serve on the Parks and Recreation Board for fiscal year 2015-2016. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the foregoing recitals are incorporated herein as if written word for word. Section 2. That the Town Council hereby repeals Resolution No. 2015-25 appointing persons to serve on the Parks and Recreation Board and adopts this Resolution to appoint or reaffirm, as applicable, the following individuals to serve on the Parks and Recreation Board with respective terms of service ending on September 30 of the year specified below for each individual: Town Council Page 1212 of 1236 Meeting Date: February 9, 2016 Parks and Recreation Board 1. James Hanna (2016) 5. Darin Davis (2017) 2. Louis Hocker (2016) 6. Earl Bilbrey (2017) 3. Tom Mills (2016) 7. ___________ (2017) 4. Dean Murray (2016) Chairperson: Earl Bilbrey Council Liaison: Council Member Philip Shoffner Section 3. This Resolution shall take effect 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 on this 9th day of February 2016. C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas RES 2016-01 Page 2 of 2 Town Council Page 1213 of 1236 Meeting Date: February 9, 2016 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12016-64-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/1/2016 Town Council On agenda:Final action:2/9/2016 Title:Consider and take appropriate action regarding a Resolution repealing Resolution No. 2015-39 and adopting a new Resolution filling one (1) vacancy for the remainder of an unexpired term on the Zoning Board of Adjustment; reaffirming existing appointments; and providing an effective date. Attachments:RES 2016-02 - ZBA Vacancy Appointment.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2015-39 and adopting a new Resolution filling one (1) vacancy for the remainder of an unexpired term on the Zoning Board of Adjustment; reaffirming existing appointments; and providing an effective date. Town Council Page 1214 of 1236 Meeting Date: February 9, 2016 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2016-02 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING RESOLUTION NO. 2015-39 AND ADOPTING A NEW RESOLUTION FILLING ONE (1) VACANCY FOR THE REMAINDER OF AN UNEXPIRED TERM ON THE ZONING BOARD OF ADJUSTMENT; REAFFIRMING EXISTING APPOINTMENTS; AND REAFFIRMING THE CHAIRMAN TO SERVE ON THE BOARD; 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, Commissions and Corporations; and WHEREAS, the Trophy Club Town Council is charged with the responsibility of making appointments to the Boards, Commissions and Corporations serving the Town whose terms are expiring and to replace members who have resigned; and WHEREAS, on December 8, 2015, the Town Council of the Town of Trophy Club adopted Resolution No. 2015-39, appointing a Chairman and reaffirming existing appointments to serve on the Zoning Board of Adjustment for fiscal year 2015-2016; and WHEREAS, the Town Council generally takes action in September of each year to appoint residents to serve on various Town Board, Commission and Corporation seats; and WHEREAS, by passage of this Resolution, the Town Council hereby finds it appropriate to repeal Resolution No. 2015-39 and to adopt this Resolution filling one (1) vacancy for the remainder of an unexpired term, reaffirming existing appointments, and reaffirming the Chairman to serve on the Zoning Board of Adjustment for fiscal year 2015-2016. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the foregoing recitals are incorporated herein as if written word for word. Section 2. That the Town Council hereby repeals Resolution No. 2015-39 appointing persons to serve on the Zoning Board of Adjustment and adopts this Resolution to appoint or reaffirm, as applicable, the following individuals to serve on the Zoning Board of Adjustment with respective terms of service ending on September 30 of the year specified below for each individual: Town Council Page 1215 of 1236 Meeting Date: February 9, 2016 Zoning Board of Adjustment 1. Joe Hennig (2017) 4. Renee Ongaro (2016) 2. Louis Opipare Jr. (2017) 5. Michael Biggs (2016) 3. Terry Kesterson (2017) Alt. John Arnott Sr. (2017) Alt. _________ (2016) Alt. Candice Vogt (2017) Alt. Darrell Windland (2016) Louis Opipare Jr. shall serve as Chairman of the Zoning Board of Adjustment. Section 3. This Resolution shall take effect 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 on this 9th day of February 2016. C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas RES 2016-02 Page 2 of 2 Town Council Page 1216 of 1236 Meeting Date: February 9, 2016 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12016-67-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/1/2016 Town Council On agenda:Final action:2/9/2016 Title:Consider and take appropriate action regarding amendments to the Town Council Rules of Procedure. (Town Council Future Agenda Items List No. 9 - Council Member Shoffner) Attachments:Staff Report - Rules of Procedure.pdf Article 1_03 Town Council Division 2 Meetings and Rules of Procedure.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding amendments to the Town Council Rules of Procedure. (Town Council Future Agenda Items List No. 9 - Council Member Shoffner) Town Council Page 1217 of 1236 Meeting Date: February 9, 2016 To: Mayor and Town Council From: Holly Fimbres, Town Secretary CC: Stephen Seidel, Town Manager Re: Rules of Procedures Town Council Meeting, February 9, 2016 Agenda Item: Consider and take appropriate action regarding amendments to the Town Council Rules of Procedure. (Town Council Future Agenda Items List No. 9 - Council Member Shoffner) Explanation: The attached “Meetings and Rules of Procedure”, is formatted from the new Code of Ordinances of the Town of Trophy Club, which was updated through the adoption of Ordinance No. 2014-14 on June 16, 2014. This item was requested by Council Member Shoffner to allow the current Council to make any necessary changes. Attachments: • Article 1.03 “Town Council”, Division 2. “Meetings and Rules of Procedure” of the Code of Ordinances of the Town of Trophy Club. Town Council Page 1218 of 1236 Meeting Date: February 9, 2016 Rules of Procedure Page 1 of 9 ARTICLE 1.03 TOWN COUNCIL * Division 1. Generally Secs. 1.03.001–1.03.030 Reserved Division 2. Meetings and Rules of Procedure† Sec. 1.03.031 Authority Pursuant to section 3.11 of the home rule charter of the town, the town council shall determine its own rules of procedure. (2006 Code, ch. 1, sec. 6.01(A). See end of this division for full history for this division.) Sec. 1.03.032 General rules (a) Meetings to be public. All official meetings of the town council and all sessions of a subcommittee of the town council consisting of a quorum of the council shall be public unless otherwise specified by council. (b) Quorum. The governing body of the town consists of a mayor and six (6) council members. Attendance at a council meeting by four (4) of the seven (7) members of the town council constitutes a quorum for the purpose of a regular or special meeting. Charter reference–Quorum, sec. 3.12. (c) Attendance. As specified in the town charter, should a member of the town council fail to attend three consecutive regular meetings without being excused by the council, his/her office may be declared forfeited by the council. A member of the town council who is unable to attend a council meeting shall notify the town secretary of his/her inability to attend the meeting and shall provide an explanation of the conflict or other reason that prevents his/her attendance. Notice to the town secretary shall be provided as soon as practicable after the member becomes aware that he/she will be absent. The town secretary shall notify the council of the absence prior to the beginning of the council meeting from which the member will be absent. Charter reference–Forfeiture of office, sec. 3.04. (d) Misconduct. The town council may punish its own members for misconduct as authorized by state law and town charter. (e) Minutes of town council meetings. An account of all proceedings of the town council shall be kept by the town secretary and shall be entered into a book constituting the official record of the town council. (f) Questions to contain one subject. All questions submitted for a vote shall contain only one subject. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. * Charter references–Council, sec. 3.00; nominations and elections, sec. 5.00; recall, sec. 6.00; initiative and referendum, sec. 7.00. † Charter reference–Rules of the council, sec. 3.11. State law reference–Open meetings, V.T.C.A., Government Code, ch. 551. Town Council Page 1219 of 1236 Meeting Date: February 9, 2016 Rules of Procedure Page 2 of 9 (g) Right to floor. Any town council member desiring to speak shall be recognized by the chairman/mayor. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. (h) Town manager. The town manager or assistant town manager or acting town manager, shall attend all meetings of the town council unless excused by the mayor or town council. The town manager, assistant town manager, or acting town manager may make recommendations to the town council and shall have the right to take part in all discussions of the town council, but shall have no vote. The town manager may place an item for discussion and/or action on the council agenda. (i) Town attorney. The town attorney or acting town attorney, shall attend all meetings of the town council unless excused by the mayor or town council and shall, upon request, give an opinion, either written or oral, on questions of law. The town attorney shall act as the town council’s parliamentarian. (j) Town secretary. The town secretary or acting town secretary, shall attend all meetings of the town council unless excused by the mayor or town council, and shall keep the official minutes and perform such other duties as may be requested of him/her by the town council. (k) Officers and employees. Any officer or employee of the town, when requested by the town manager, shall attend any meeting of the town council. If requested to do so by the town manager, they may present information relating to matters before the town council. (l) Rules of order. Robert’s Rules of Order Newly Revised, as amended by the council, shall govern the proceedings of the town council. (m) Suspension of rules. Any provision of these rules may be temporarily suspended by a two-thirds vote of all members of the town council in attendance. The vote on any such suspension shall be taken by a show of hands and entered into the record. (n) Amendment to rules. These rules may be amended, or new rules adopted with a favorable vote by four (4) members of the town council in attendance, provided that the proposed amendments or new rules shall have been introduced into the record at a prior town council meeting. (2006 Code, ch. 1, sec. 6.01(B). See end of this division for full history for this division.) Sec. 1.03.033 Types of meetings (a) Regular meetings. The town council shall meet in the council/board room at the Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas, on the second and fourth Tuesday of each month and each meeting shall commence at the time and place posted on the agenda for that meeting. (b) Special meetings. Special meetings may be called by the mayor or by any three (3) members of the town council. The call for a special meeting shall be filed with the town secretary in written form, except that announcement of a special meeting, during any regular meeting at which all members are present, shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day and the hour of the special meeting, and shall list the subject or subjects to be considered. No special meeting shall be held until at least 72 hours after the call is issued or within two (2) hours for an emergency meeting. Only such business may be transacted at a special meeting as may be listed in the call for said meeting or as incident thereto. Town Council Page 1220 of 1236 Meeting Date: February 9, 2016 Rules of Procedure Page 3 of 9 (c) Emergency meetings. In case of emergency or urgent public necessity, which shall be expressed in notice of the meeting, an emergency meeting shall be called by the chairman/mayor or on the application of three (3) members of the town council, and it shall be sufficient if the notice is posted two (2) hours before the meeting is convened. (d) Recessed meetings. Any meeting of the town council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. (e) Public hearings. (1) All meetings shall be held in full compliance with the provisions of state law and codes of the town. Any party in interest may appear in his/her own behalf or be represented by counsel or agent. (2) The town secretary shall set public hearing dates for the town council as requested, be responsible for timely advertising in the official newspaper, and notify interested parties according to requirements of the town council. (2006 Code, ch. 1, sec. 6.01(C). See end of this division for full history for this division.) Charter references–Meetings of the council, sec. 3.09; special meetings, sec. 3.10. Sec. 1.03.034 Chairman (a) Designation. The mayor, if present, shall preside as chairman at all meetings of the town council. In the absence of the mayor, the mayor pro-tem shall preside. In the absence of both the mayor and the mayor pro-tem, the town council shall elect a chairman. (b) Call to order. The meetings of the town council shall be called to order by the mayor, or in his absence, by the mayor pro-tem. In the absence of both the mayor and the mayor pro-tem, the meeting shall be called to order by the town secretary. (c) Preservation of order. The chairman shall preserve order and decorum, prevent personalities from becoming involved in debate and confine members in debate to the question under discussion. (d) Points of order. (1) A member may interrupt debate for immediate consideration of questions relating to rights and privileges of the assembly. The chairman/mayor will decide the question or may refer to the town attorney for a ruling. The chairman/mayor’s decision is subject to appeal to the town council. (2) A member of the council may appeal a ruling of the chair by obtaining the floor and stating, “I appeal from the ruling of the Chair.” The person appealing can interrupt a speaker who has the floor. If another member seconds the appeal, the procedure is as follows: the mayor/chair puts the question to the members for a vote. The question cannot be amended and it is debatable unless the immediately pending question is not debatable, the purpose of the vote is to decide whether the chair’s ruling should be sustained. The mayor/chair is entitled to speak first and last in any discussion about the appeal or his/her decision. A majority vote is required to overturn the decision of the chair, and the question can be reconsidered. Town Council Page 1221 of 1236 Meeting Date: February 9, 2016 Rules of Procedure Page 4 of 9 (e) Questions to be stated. The chairman shall state all questions submitted for a vote and announce the result. The announcement of the result will include the number of votes for, number of votes against and abstentions, or state if unanimous. (f) Substitution of chairman. The chairman may call any other member to take his place in the chair, such substitution not to continue beyond adjournment. (2006 Code, ch. 1, sec. 6.01(D). See end of this division for full history for this division.) Sec. 1.03.035 Order of business; agenda (a) Agenda. The business of each meeting shall be as contained in the agenda in the order established by the mayor. The town secretary shall prepare the agenda. The agenda shall be a listing of topics to be considered by the town council and delivered to members of the town council each Thursday preceding the Tuesday meeting to which it pertains. The agenda may provide for a work session immediately preceding the commencement of the council meeting in order to allow council discussion and questions related to one or more of the items posted on the agenda. (b) Presentations by members of town council; future agenda items. The agenda shall provide a time when the mayor or any town council member may bring before the town council any business that the town council member believes should be deliberated upon by the town council at a future meeting of the town council. However, pursuant to the town charter, before any item is placed for discussion and/or action on a future town council agenda, a request for its placement on the agenda shall be made by either the mayor or by any two (2) councilmembers. These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent town council meeting provided that the requirements of chapter 551 Texas Government Code have been met. Charter reference–Agenda, sec. 3.11(b). (c) Request for agenda item by chairperson. A chairperson of a council appointed board, commission, corporation, or other appointed body requesting that an item be placed on the council agenda for discussion and/or action shall present such request to the town manager in writing in the time frame set forth in subsection (d) below. (d) Deadline for submission of agenda items. A subject for the town council’s consideration shall be submitted to the town secretary’s office in writing not later than 5:00 p.m. on Monday, (7 days prior) to the meeting at which the subject is to be considered. (e) Presentation by citizens or representative(s) of organized groups; citizen presentations. Presentations by citizens at the citizens presentation segment of a council meeting, with or without prior notification, shall be limited to a total of four (4) minutes. (f) Presentation by citizens or representative(s) of organized groups; agenda items. Presentations by citizens, with or without prior notification, shall be limited to a total of six minutes. For items on the agenda, the speaker will be limited to four (4) minutes of time to complete his/her comments prior to council discussion and two (2) minutes of time subsequent to council discussion but before the chair calls for a vote. The designated timekeeper shall maintain the time and advise the speaker when his/her time has expired. The speaker shall then complete his sentence and take his/her seat. A person may not give his/her speaking time to another. Persons wishing to express their position on an agenda item but who do not wish to speak shall complete a speaker’s card and indicate their support or opposition. The name and respective position of such person(s) shall be read into the record. Town Council Page 1222 of 1236 Meeting Date: February 9, 2016 Rules of Procedure Page 5 of 9 (g) Rules of conduct applicable to citizen’s presentations for agenda items, citizen’s presentations, and for public hearings. (1) Each person addressing the council shall step up to the microphone, shall give his or her name and address in an audible tone of voice for the record. If representing an organized group, the speaker shall identify the group represented. All remarks shall be addressed to the council as a body, and not to any member thereof. No person, other than town staff, members of the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the council. No questions shall be asked of the councilmembers, except through the presiding officer. (2) All citizens shall refrain from private conversations in the chamber while the town council is in session. (3) Citizens attending town council meetings shall observe the same rules of priority, decorum, and good conduct applicable to the administrative staff. Any persons making personal, impertinent, or slanderous remarks, or who becomes boisterous while addressing the town council or while attending the town council meeting, shall be removed from the room if the chief of police (or his representative) is so directed by the mayor/chairman, and such person shall be barred from further audience before the town council during that session of the town council. (4) Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the mayor/chairman, who shall direct the chief of police to remove such offenders from the room. (5) In case the chairman shall fail to act, any other of the town council may move to require the chair to enforce the rules, and the affirmative vote of a majority of all members present of the town council shall require the presiding officer to act. (6) No placards, banners or signs of any kind shall be permitted in the council chamber unless exhibits, displays and visual aids are used in connection with presentations to the town council, provided that such exhibits, displays and visuals aids do not disrupt the meeting. (h) Written communications to council. (1) General. Interested parties, or their authorized representatives, may address the council by written communication in regard to any matter concerning the town’s business or over which the council has control at any time. (2) Agenda items. A written communication relative to an item posted for consideration on a town council agenda may be submitted by direct mail to the council or by delivery of the communication to the town secretary at least four (4) hours prior to the time for commencement of the town council meeting at which an item will be discussed. Upon timely receipt of a communication, the town secretary shall distribute copies to each of the councilmembers and shall make copies available for public review at a designated location in the council chambers. The names of those submitting the communication and the topic addressed will be entered into the record without the necessity for reading as long as sufficient copies are available at the meeting for review by members of the audience/public. Town Council Page 1223 of 1236 Meeting Date: February 9, 2016 Rules of Procedure Page 6 of 9 (i) Presentations by town manager. Matters requiring the council’s attention which may have developed since the deadline for delivery of the written communication to the council may be presented orally by the town manager for informational purposes only in accordance with chapter 551 Texas Government Code. (j) Requests for research or information. The mayor and individual councilmembers may request information or research from the town staff on a given topic through the town manager who will make all members of council aware of the special request, as it may be of interest to them as well. Accordingly, the town manager will provide the results of the request to all members of council. In the event the town manager believes he cannot respond in a timely manner, he and the members of council will coordinate a reasonable and responsible timeframe in which to expect the results without unduly interfering with other activities of higher priority. (k) Notification of significant activities or events. The mayor and councilmembers expect the town manager to notify them, and provide periodic updates regarding significant activities or events in the town related to natural or manmade disasters, major criminal activity, accidents involving town property, or death involving town staff/employees. (l) Seating arrangement. The town manager, town secretary, and town attorney shall occupy the respective seats in the council chamber assigned to them by the chairman/mayor, but any two (2) or more of the town council may exchange seats. (2006 Code, ch. 1, sec. 6.01(E). See end of this division for full history for this division.) Sec. 1.03.036 Ordinances, resolutions and motions (a) Printed or typewritten form. All ordinances and resolutions shall be presented to the town council only in written form. (b) Town attorney to approve. All ordinances and resolutions shall be approved as to form and legality by the town attorney. (c) Distribution of ordinances. The town secretary shall prepare copies of all proposed ordinances for distribution to all members of the town council at the meeting at which the ordinance is introduced, or at such earlier time as is expedient. (d) Recording of votes. The show of hands shall be taken and entered upon the passage of all ordinances and resolutions and entered into the official record of the council. (e) Vote required for approval. Approval of every ordinance, resolution, or motion shall require the affirmative vote of four (4) of the members of the town council in attendance. (f) Mayoral vote. The mayor shall have a vote on all matters before the council. (g) Conflict of interest. Should any person on the town council have a conflict of interest pursuant to any state laws and/or town ordinances regulating conflicts of interest with regard to an item on the council agenda, such person shall openly declare the conflict before the discussion proceeds, shall complete an affidavit as required by state law, and shall be prohibited from participating in the discussion or vote on the item. Town Council Page 1224 of 1236 Meeting Date: February 9, 2016 Rules of Procedure Page 7 of 9 (h) Abstention from voting. Should any person on the town council abstain from voting on an agenda item where no conflict of interest under state law and/or town ordinance exists, the person’s vote shall be recorded as a negative vote in the minutes of the council meeting. (2006 Code, ch. 1, sec. 6.01(F). See end of this division for full history for this division.) Charter references–Procedure for enacting ordinances and resolutions, sec. 3.16; conflict of interest and abstention, sec. 3.20. Sec. 1.03.037 Rules of decorum (a) Recognition by chairman/mayor. No person shall address the town council without first being recognized by the chairman/mayor. (b) Order. While the council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the town council nor disturb any member while speaking or refuse to obey the orders of the chairman/mayor. Members of the town council shall not leave their seats during a meeting without first obtaining the permission of the chairman/mayor. (c) Chairman/mayor may debate. The chairman/mayor may move only to such limitations of debate as are the rights and privileges of a town council member by reason of his acting as the chairman/mayor. If the chairman/mayor is engaged in debate and is abusing his position as chairman, at the insistence of any three (3) council members, the chairman/mayor member must relinquish the chair in accordance with provisions of Robert’s Rules of Order Newly Revised. (d) Getting the floor, improper references to be avoided. Every member desiring to speak shall address the chair, and upon recognition by the chairman/mayor shall confine himself/herself to the questions under debate, avoiding all personalities and inappropriate language. (e) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call the member to order, or as herein otherwise provided. If a member, while speaking, is called to order, the town council member shall cease speaking until the question of order be determined and, if in order, the town council member shall be permitted to proceed. (2006 Code, ch. 1, sec. 6.01(G). See end of this division for full history for this division.) Sec. 1.03.038 Parliamentary motions and precedence (a) Discussion of items. Each agenda item shall be considered open for discussion when that item is announced by the chairman/mayor. If a member wishes to challenge an agenda item on the basis that the item is not a proper topic for council discussion, such member shall state that he or she “objects to the consideration of the question.” This action does not require a second. When the objection is made, the chairman/mayor shall immediately call the question: “will the assembly consider this question?” if 2/3 of the members vote “no,” the question cannot be introduced. An objection to consideration of a question must be made when the item is first introduced and before it has been debated. A motion for appropriate action shall be made after discussion of an item has been concluded. (b) Motions. After obtaining the floor a motion can be made before the assembly on the particular subject of discussion. A “second” to the motion must be made by another town council member within a Town Council Page 1225 of 1236 Meeting Date: February 9, 2016 Rules of Procedure Page 8 of 9 reasonable but brief time period. Without a “second” the motion dies. No main motion can be made when another motion is pending. (c) Withdrawal of motions. A motion may be withdrawn, or modified, by its mover without asking permission until the motion has been stated by the chairman/mayor. If the mover modifies his motion, the person who seconds the motion may withdraw his second. After the question has been stated, the mover shall neither withdraw it nor modify it without the consent of the council. (d) Stating the question. In principle, the chairman/mayor must state the question on a motion immediately after it has been made and seconded, unless the council member is obligated to rule that the motion is out of order or if the wording is not clear. (e) Amendments to motions. No motion or proposition of a subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. (f) Debate. Debate must be limited to the merits of the immediately pending question as stated by the chair and by authority of the chairman/mayor. (g) Calling for the question by chair - ending debate. (1) The chairman/mayor may “call for the question” without a vote if debate appears to have closed and if there are no objections by any council member. (2) A motion for the previous question (call the question) may not interrupt a speaker who has the floor, must be made and seconded, is not debatable, cannot be amended, requires an affirmative, two-thirds vote of members present to pass and in this assembly cannot be reconsidered. Additionally, in order to protect the democratic process, any council member or member of the public who is on record to speak before the motion is made will be permitted to speak before the vote is taken on the motion for the previous question. (2006 Code, ch. 1, sec. 6.01(H). See end of this division for full history for this division.) Sec. 1.03.039 Creation of committees, boards and commissions (a) Ad-hoc committees. The council may, as the need arises, authorize the appointment of “ad hoc” committees. Except where otherwise specifically provided, the mayor shall appoint the members of the “ad hoc” committees, subject to the approval of the town council. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the town council. (b) Citizen boards, commissions, corporations, and other appointed bodies. The town council may create boards, commissions, corporations and other council appointed bodies to assist in the conduct of the operation of the town government with such duties as the council may specify. Memberships and selection of members shall be as provided in accordance with the guidelines in the handbook for elected and appointed officials, as amended from time to time. Any such appointed bodies so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the town council. No body so appointed shall have powers other than advisory to the town council, except as otherwise specified by the laws of the state. These rules of procedure shall apply to council appointed boards, commissions, corporations, and other appointed bodies in accordance with Town Council Page 1226 of 1236 Meeting Date: February 9, 2016 Rules of Procedure Page 9 of 9 the town’s handbook for appointed and elected officials and shall only be modified as provided in the enabling ordinances for each such council appointed body. (2006 Code, ch. 1, sec. 6.01(I). See end of this division for full history for this division.) (Ordinance 2001-27, ex. A, adopted 11/19/01; Ordinance 2006-03, ex. A, adopted 2/6/06; Ordinance 2006-30, sec. II, adopted 8/21/06; 2006 Code, ch. 1, sec. 6.01; Ordinance 2008-19 adopted 8/4/08; Ordinance 2009-16, sec. II, adopted 7/6/09; Ordinance 2014-10, sec. 2, ex. A, adopted 4/7/14; Ordinance 2014-14 adopted 6/16/14) Town Council Page 1227 of 1236 Meeting Date: February 9, 2016 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12016-69-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/1/2016 Town Council On agenda:Final action:2/9/2016 Title:Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *License To Carry class *TxDOT SH 114 and SH 170 meeting *Park Board recommendations regarding aquatic facilities *Seasonal employee hiring *Town Hall Attachments: Action ByDate Action ResultVer. Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *License To Carry class *TxDOT SH 114 and SH 170 meeting *Park Board recommendations regarding aquatic facilities *Seasonal employee hiring *Town Hall Town Council Page 1228 of 1236 Meeting Date: February 9, 2016 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12016-70-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/1/2016 Town Council On agenda:Final action:2/9/2016 Title:Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for February 19, 2016 meeting and Special Called Council Agenda for February 23, 2016; and discussion of the Town Council Future Agenda Items list, to include discussion of the below item from the Future Agenda list: A) Item No. 8 - Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the title for the land that the Annex Building is built on. (Lamont 11/10/2015) (1-February 9, 2016) Attachments:February 19, 2016 Upcoming Agenda.pdf February 23, 2016 Upcoming Agenda.pdf Items for Future Agendas updated 2-2-2016.pdf Action ByDate Action ResultVer. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for February 19, 2016 meeting and Special Called Council Agenda for February 23, 2016; and discussion of the Town Council Future Agenda Items list, to include discussion of the below item from the Future Agenda list: A) Item No. 8 - Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the title for the land that the Annex Building is built on. (Lamont 11/10/2015) (1-February 9, 2016) Town Council Page 1229 of 1236 Meeting Date: February 9, 2016 Meeting Date 2/19/2016 No. Consent STAFF RPT RES ORD PROC File ID Dept 1 Consider and take appropriate action regarding financial and variance report dated January 2016.Finance 2 Receive Annual Racial Profiling Report.Police No. Regular Session STAFF RPT RES ORD PROC File ID Dept 3 Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering and calling a Joint General Election to be held on May 7, 2016 for the purpose of electing one (1)Councilmember to Place No.5 and one (1)Councilmember to Place No.6 on the Trophy Club Town Council,each for a term of three (3)years respectively;providing for the incorporation of premises; providing for administration of the election by Tarrant and Denton County; providing miscellaneous terms relative to polling places and the conduct of election; and providing an effective date. Town Sec 4 Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club canceling the Joint General Election to be held on May 7, 2016 for the purpose of electing one (1)Councilmember to Place No.5 and one (1) Councilmember to Place No.6 on the Trophy Club Town Council,each for a term of three (3)years respectively;declaring candidates for Place No.5 and Place No. 6 unopposed; providing for the issuance of certificates of election following the date for canvassing of the election; and providing an effective date. Town Sec 5 Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering and calling a Joint Special Election to be held on May 7, 2016 for the purpose of legalization of the sale of all alcoholic beverages including mixed beverages;providing for the incorporation of premises;providing for administration of the election by Tarrant and Denton County; providing miscellaneous terms relative to polling places and the conduct of election;and providing an effective date. Town Sec Town Council Page 1230 of 1236 Meeting Date: February 9, 2016 Meeting Date 2/23/2016 No. Consent STAFF RPT RES ORD PROC File ID Dept 1 Consider and take appropriate action regarding the Minutes dated January 26, 2016.Town Sec 2 Consider and take appropriate action regarding the Minutes dated January 29 and 30, 2016.Town Sec No. Regular Session STAFF RPT RES ORD PROC File ID Dept 3 Receive an update from GSBS regarding Trophy Club Town Hall; discussion of same.Town Mgr 4 Consider and take appropriate action regarding adopting a Standards of Care for Summer Adventure Camp Programs; discussion of same.Parks 5 Consider and take appropriate action regarding a Resolution relating to the giving of Notice of Intention to issue Town of Trophy Club, Texas combination tax and revenue Certificates of Obligation, Series 2016; and providing an effective date.Finance 6 Consider and take appropriate action regarding an Agreement with the Town and Marshall Creek Ranch.Parks 7 Consider and take appropriate action regarding Harmony Park; discussion of same.Town Mgr 8 Consider and take appropriate action regarding Parks and Recreation Board recommendations regarding aquatic facilities.Parks 9 Town Council Liaison Updates; discussion of same: Town Sec 10 Town Manager Seidel's update regarding the following;discussion and provide input regarding same.Town Sec No. Upcoming Agenda & Council Future Agenda Items List Update STAFF RPT RES ORD PROC File ID Dept 11 Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for March 8, 2016 meeting; and discussion of the Town Council Future Agenda Items list.Town Sec No. Executive Session STAFF RPT RES ORD PROC File ID Dept 12 Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: Town Sec No. Regular Session STAFF RPT RES ORD PROC File ID Dept 13 Consider and take appropriate action regarding the Executive Session.Town Sec Town Council Page 1231 of 1236 Meeting Date: February 9, 2016 Town Council Future Agenda Items List (Updated 2/2/2016) 1. Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1-Oct 28, 2014) (2-Feb 10, 2015) (3-May 12, 2015) (4-August 11, 2015) (5-December 8, 2015) (6-March 8, 2016) 10/28/2014 – Council discussed and would like a plan brought back on a future agenda. 2/10/2015 – Mayor Sanders provided update including examples of Southlake signage. 5/12/2015 – No new update provided. 7/15/2015 – Will be placed on the August 25, 2015 agenda for an update. 8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this item. 12/8/2015 - Assistant Town Manager/CFO Glickman advised that the Town is in the process of going out for bids regarding park monument signage and wayfinding signage. 2. Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1- Nov 13, 2014) (2-Feb 24, 2015) (3-May 26, 2015) (4-August 11, 2015) (5-December 8, 2015) (6-March 8, 2016) 2/24/2015 – Acting Town Manager Seidel provided update (waiting to fill vacant Planning position). 5/12/2015 – Mayor Sanders provided an update that this item will be discussed once the vacant Planning position is filled. 7/15/2015 – Will be placed on the August 25, 2015 agenda for an update. 8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this item. 12/8/2015 - Mayor Sanders advised that he was concerned that the restrictions for condos and apartments, such as multiple families living at one address, may be insufficient. 3. Consider and take appropriate action regarding adding a parking lot between the baseball fields. (Reed 8/11/2015) (1-November 10, 2015) (2-January 29, 2016) 11/25/2015 – Town Staff are working with TNP for possible concept plan and cost proposal. 1/29/2016 – Discussed options at the Council retreat. 4. Discussion of possible uses of hotel occupancy tax funds, including the ability to use the funds for Trophy Club Park. (Lamont and Kurtz 4/14/2015) (1-July 14, 2015) (2-December 8, 2015) (3-March 8, 2016) 7/14/2015 – Discussed having this item for an update on the August 25, 2015 agenda. 8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this item. 12/8/2015 - Mayor Sanders advised that he would like additional information on specific items that hotel occupancy tax funds could be used for. 5. Discussion and action related to town garage/special/estate/moving sales, etc. (Sanders 4/28/2015) (1-July 28, 2015) (2-December 8, 2015) (3-March 8, 2016) 7/14/2015 – Discussed having this item for an update on the August 25, 2015 agenda. 8/25/2015 – Mayor Sanders commented to possibly look at this item at the end of the year in time for the next Women’s Garage Sale. Page 1 of 2 Town Council Page 1232 of 1236 Meeting Date: February 9, 2016 12/8/2015 - Discussion took place that Town Staff is continuing to work on this item. 6. Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1-August 25, 2015) (2- December 8, 2015) (3-March 8, 2016) 8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this item. 12/8/2015 – Discussion took place to have the ability to pay for certain Parks personnel cost out of the general fund and at the end of the year the Parks budget would reconcile those costs. 7. Town Staff research and present options for the Town to purchase the clock tower and the land around it. (Reed 5/26/2015) (1-August 25, 2015) (2-December 8, 2015) (3-March 8, 2016) 8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this item. 12/8/2015 - Discussion took place that Town Staff is continuing to work on this item. 8. Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the title for the land that the Annex Building is built on. (Lamont 11/10/2015) (1-February 9, 2016) 9. To open the Council Rules of Procedure. (Shoffner 11/10/2015) (1-February 9, 2016) 10. Discussion to change park hours to stay open until 10 p.m. and clearly note change on new signage. (Reed 1/12/2016) (1-April 12, 2016) 11. Discussion and consideration of laws related to texting while driving inside the Town. (Reed 1/26/2016) (1-April 26, 2016) 12. Discussion of Interlocal Agreements with TCMUD No. 1 for Fire services and building services such as trash, drainage, etc. (Sanders 1/26/2016) (1-April 26, 2016) Page 2 of 2 Town Council Page 1233 of 1236 Meeting Date: February 9, 2016 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12016-71-T Name: Status:Type:Agenda Item Executive Session File created:In control:2/1/2016 Town Council On agenda:Final action:2/9/2016 Title:Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by: A. Section 551.071 “Consultation with Attorney” under Subsection (1) when the governmental body seeks the advice of its attorney about pending or contemplated litigation and Subsection (2) for consultation with its 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(1) and (2)). (1) Legal Advice regarding water rate review and appeal pending at Public Utility Commission of Texas. B. Section 551.087 Deliberation Regarding Economic Development Negotiations to discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town and Section 551.071 (2) "Consultation with Attorney", for Consultation with the its 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 (2)). (1) Development incentives for business prospects and development and legal advice regarding potential development, potential incentives and contractual agreements, and related matters. C. Section 551.074(a)(1) Personnel Matters to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: (1) Town Attorney Patricia Adams terms of employment Attachments: Action ByDate Action ResultVer. Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by: A. Section 551.071 “Consultation with Attorney” under Subsection (1) when the governmental body seeks the advice of its attorney about pending or contemplated litigation and Subsection (2) for consultation with its 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(1) and (2)). (1) Legal Advice regarding water rate review and appeal pending at Public Utility Commission of Texas. B. Section 551.087 Deliberation Regarding Economic Development Negotiations to discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town and Section 551.071 (2) "Consultation with Attorney", for Consultation with the its 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 (2)). (1) Development incentives for business prospects and development and legal advice regarding potential Town Council Page 1234 of 1236 Meeting Date: February 9, 2016 File #:2016-71-T,Version:1 (1) Development incentives for business prospects and development and legal advice regarding potential development, potential incentives and contractual agreements, and related matters. C. Section 551.074(a)(1) Personnel Matters to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: (1) Town Attorney Patricia Adams terms of employment Town Council Page 1235 of 1236 Meeting Date: February 9, 2016 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12016-72-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/1/2016 Town Council On agenda:Final action:2/9/2016 Title:Consider and take appropriate action regarding the Executive Session. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding the Executive Session. Town Council Page 1236 of 1236 Meeting Date: February 9, 2016