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ORD 2018-27 P&Z Landscape Regulations TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2018-27 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING SUBSECTION (D)(5) AND ADDING SUBSECTION (G)(5) OF SECTION 14.02.352 "LANDSCAPING REGULATIONS" OF DIVISION 7 "DEVELOPMENT AND DESIGN STANDARDS" OF ARTICLE 14.02 "ZONING ORDINANCE" OF CHAPTER 14 "ZONING" OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES TO ALLOW FOR AND PROVIDE REQUIREMENTS FOR THE USE OF ARTIFICIAL TURF; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING FOR SAVINGS AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town"), is authorized and empowered by law, in accordance with Chapter 212 of the Texas Local Government Code, to regulate the subdivision of land and property development within the Town; and WHEREAS, all legal requirements and conditions were complied with, and after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, and after due deliberations and consideration of the recommendation of the Planning and Zoning Commission, the Town Council has concluded that the adoption of this Ordinance allowing for and providing requirements for artificial turf is in the best interests of the Town of Trophy Club, Texas and of the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENTS 2.01 Subsection (d)(5) of Section 14.02.352 entitled "Landscaping Regulations" of Division 7 entitled "Development and Design Standards" of Article 14.02 entitled "Zoning Ordinance" of Chapter 14 entitled "Zoning" of the Town of Trophy Club Code of Ordinances is hereby amended as follows in order to allow artificial turf and all other subsections not expressly mentioned hereafter shall remain the same: "Section 14.02.352 Landscaping Regulations (d) General standards. The following criteria and standards shall apply to landscape materials and installation: (5) Ground cover. Ground covers used in lieu of grass in whole and in part shall be of live material and shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year of planting. Artificial turf is considered ground cover in residential districts when in compliance with Section 14.02.352(g)(5). Artificial turf is defined as a surface of synthetic fibers made to simulate the appearance of natural/organic turf grasses. 2.02 Subsection (g)(5) of Section 14.02.352 entitled "Landscaping Regulations" of Division 7 entitled "Development and Design Standards" of Article 14.02 entitled "Zoning Ordinance" of Chapter 14 entitled "Zoning" of the Town of Trophy Club Code of Ordinances is hereby added to provide requirements for the use of artificial turf and all other subsections not expressly mentioned hereafter shall remain the same: "Section 14.02.352 Landscaping Regulations (g) Requirements for residential districts. In addition to the above- listed requirements, all areas within the town which are zoned for residential use, by either "straight zoned" districts or by planned developments, shall have the following requirements. (5) Artificial turf. The use of artificial turf is allowed in residential districts if the conditions below are met: (A) Obtain a permit for review by the Town prior to installation. Application shall include submittal of the manufacturers installation specifications, infill type, weight (70 minimum) and thread backing. (B) Submission of grading plan for review and approval by the Building Official. ORD 2018-27 P&Z Page 2 of 4 (C) Artificial turf damaged during the repair, replacement, or addition of public utilities, streets, and sidewalks will be the responsibility of the homeowner. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting fees and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty provided by this section shall be cumulative of all other penalties allowed by law, including without limitation, civil remedies available for enforcement of this Ordinance. ORD 2018-27 P&Z Page 3 of 4 SECTION 6. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 7. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 8. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 13th day of November 2018. C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: cF T ROpy� 6AC-\6411ii.N- c'c Holly Fimbres, Town Secretary co Town of Trophy Club, Texas P` APPR�VED T' AS FORM: v9��gRY 1,19�h S / J. liIv : :odd Ill, Town Attorney Tdn of Trophy Club, Texas ORD 2018-27 P&Z Page 4 of 4