Agenda Packet TC 05/02/20051
Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, May 2, 2005
7:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
B.1 Citizen presentations: this is an opportunity for citizens to address the Council on any
matter whether or not it is posted on the agenda. The Council is not permitted to take
action on or discuss any presentations made to the Council at this time concerning an
item not listed on the agenda. The Council will hear presentations on specific agenda
items prior to the Council addressing those items.
B.2 Council/staff reports: this is an opportunity for Council and staff to provide brief updates
on projects and to provide public service announcements. It is not a time for the
expression of opinions, questions and answers, or discussion among staff and Council.
Discussion is limited to whether Council desires to have a topic placed on a future agenda
for future consideration.
B.3 Discuss and take appropriate action in regard to a Proclamation to recognize outstanding
achievement by the Trophy Club Law Enforcement Post 953, who represented our town
and who by their participation in the State of Texas 2005 Law Enforcement Competition,
bring high honor to the Town and to all of our residents; recognizing and congratulating
them on their achievements.
C.1 Public Hearing: An amendment to Zoning Ordinance No. 2000-06 P&Z by repealing
Article 5, Section 35, entitled "Accessory Structures", in its entirety and adopting a new
Section 35, entitled "Accessory Structures". (AMD-05-018)
D.1 Discuss and take appropriate actions regarding an amendment to Zoning Ordinance No.
2000-06 P&Z by repealing Article 5, Section 35, entitled "Accessory Structures", in its
entirety and adopting a new Section 35, entitled "Accessory Structures". (AMD-05-018)
D.2 Discuss and take appropriate action regarding a resolution creating a Task Force to
explore different ways to attract commercial retail services and promote economic
development in the Town of Trophy Club.
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D.3 Discuss and take appropriate action regarding an ordinance repealing Town Ordinance
No. 2004-12 & 2004-15, and adopting new provisions relating to the Town's Schedule of
Fees.
D.4 Discuss and take appropriate action relative to a repeal of Town Ordinance No. 2002-40
P&Z relating to Tree Preservation and Removal in its entirety, and adopting new
provisions for Tree Preservation and Removal.
D.5 Discuss and take appropriate action relative to a request for Plat Amendment to lots 19 &
20, block 2 of The Villas at Trophy Club. Applicant: David Baxter. (AP-05-003)
D.6 Chief Briggs to provide an update to Town Council on the State Hwy 114 construction.
D.7 Town Manager to introduce 2005-06 preliminary budget.
D.8 Consent agenda: Discuss and take appropriate action in regard to a Proclamation
declaring April 23, 2005 as the 133rd anniversary celebration of Arbor Day in the Town
of Trophy Club.
D.9 Consent agenda: Discuss and take appropriate action to approve minutes dated April 18,
2005.
E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (a) &
(b) "Consultation with Attorney", the Town Council will enter into executive session to
discuss the following:
Consultation with Attorney on pending or contemplated litigation or on a matter in which the
duty of the Attorney to the Governmental Body under the Texas Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act
(§551.071 (a) & (b)):
1) Perfection Homes Inc. and Mark Carr v. Town of Trophy Club No. 2003-50345-367.
E.2 Discuss and take appropriate action relative to Executive Session Item Number E1.
F.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-2-2005
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
(lr)
4
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-2-2005
Subject: Agenda Item No.A.2
Invocation.
(lr)
5
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-2-2005
Subject: Agenda Item No.A.3
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
(lr)
6
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-2-2005
Subject: Agenda Item No.B.1
Citizen presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not permitted
to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on
specific agenda items prior to the Council addressing those items.
(lr)
7
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-2-2005
Subject: Agenda Item No.B.2
Council/staff reports: this is an opportunity for Council and staff to provide brief
updates on projects and to provide public service announcements. It is not a time
for the expression of opinions, questions and answers, or discussion among staff and
Council. Discussion is limited to whether Council desires to have a topic placed on a
future agenda for future consideration.
(lr)
8
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-2-2005
Subject: Agenda Item No.B.3
Discuss and take appropriate action in regard to a Proclamation to recognize
outstanding achievement by the Trophy Club Law Enforcement Post 953, who
represented our town and who by their participation in the State of Texas 2005 Law
Enforcement Competition, bring high honor to the Town and to all of our residents;
recognizing and congratulating them on their achievements.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lr)
Attachments: 1.Proclamation
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TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION 2005-
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, TO RECOGNIZE OUTSTANDING ACHIEVEMENT BY THE TROPHY CLUB
LAW ENFORCEMENT EXPLORER POST #953, WHO REPRESENTED OUR TOWN
AND WHO BY THEIR PARTICIPATION IN THE STATE OF TEXAS 2005 LAW
ENFORCEMENT EXPLORER COMPETITION, BRING HIGH HONOR TO THE TOWN
AND TO ALL OF OUR RESIDENTS; RECOGNIZING AND CONGRATULATING
THEM ON THEIR ACHIEVEMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is fortunate to have dedicated individuals who willingly
participate, aggressively train, and in other ways support the Trophy Club Law Enforcement; and
WHEREAS, the Town of Trophy Club is fortunate to have the support of the Advisors who lead
the Trophy Club Law Enforcement Post in these activities; and
WHEREAS, the Town Council of the Town of Trophy Club desires to recognize the Trophy
Club Enforcement Post and their Advisors for their outstanding dedication and commitment to excellence.
NOW, THEREFORE, I, MAYOR SCOTT SMITH, IN CONJUNCTION WITH THE
TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY PROCLAIM:
Section 1. That the Town of Trophy Club, Texas, recognizes and congratulates Trophy Club
Law Enforcement Post for their outstanding effort, their dedication and commitment to excellence. On
April 2, 2005, the Trophy Club Law Enforcement Explorer Post won First Place for the Felony “No Win”
scenario, second place in Robbery in Progress, and third place in Hostage Negotiations, Accident
Investigations and Burglary in Progress at the State of Texas 2005 Law Enforcement Explorer
Competition.
Section 2. That the Town of Trophy Club, Texas, recognizes this accomplishment is a
source of high community pride and significant positive recognition for our Town, and hereby
recognizes the following Explorers and Advisors:
Section 3. That this Proclamation shall become effective from and after its date of passage
in accordance with law.
Explorers Advisors
Commander Stephanie McKellar
Captain Chris Hupp
Lieutenant Daniel Mastropiero
Sergeant Conrad Staton
Cadet Kristine Klassen
Cadet David Marshall
Cadet Kenny Schwier
Sergeant Tony Simmons, Trophy Club DPS
Corporal Scott Voigt, Trophy Club DPS
Officer Teri Weimer, Trophy Club DPS
Associate Advisors
Officer Danny Thomas, Trophy Club DPS
Robert Mastropiero, Citizen Trophy Club
Officer David Jackson, Blue Mound PD
Cadet Clayton Hupp
Cadet Patrick Henry
Felony Traffic Staff
Christine Smith/ Shelly Smith
Connie Pena/ Josh Cannon
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PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 2nd
day of May, 2005.
Mayor
Town of Trophy Club, Texas
ATTEST:
___________________________________
Interim Town Secretary
Town of Trophy Club, Texas [SEAL]
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TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION 2005-
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, TO RECOGNIZE OUTSTANDING ACHIEVEMENT BY THE
TROPHY CLUB LAW ENFORCEMENT EXPLORER POST #953, WHO
REPRESENTED OUR TOWN AND WHO BY THEIR PARTICIPATION IN THE
STATE OF TEXAS 2005 LAW ENFORCEMENT EXPLORER COMPETITION,
BRING HIGH HONOR TO THE TOWN AND TO ALL OF OUR RESIDENTS;
RECOGNIZING AND CONGRATULATING THEM ON THEIR
ACHIEVEMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is fortunate to have dedicated individuals
who willingly participate, aggressively train, and in other ways support the Trophy Club
Law Enforcement; and
WHEREAS, the Town of Trophy Club is fortunate to have the support of the
Advisors who lead the Trophy Club Law Enforcement Post in these activities; and
WHEREAS, the Town Council of the Town of Trophy Club desires to recognize the
Trophy Club Enforcement Post and their Advisors for their outstanding dedication and
commitment to excellence.
NOW, THEREFORE, I, MAYOR SCOTT SMITH, IN CONJUNCTION WITH THE
TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY PROCLAIM:
Section 1. That the Town of Trophy Club, Texas, recognizes and congratulates
Trophy Club Law Enforcement Post for their outstanding effort, their dedication and
commitment to excellence. On April 2, 2005, the Trophy Club Law Enforcement Explorer
Post won First Place for the Felony “No Win” scenario, second place in Robbery in Progress,
and third place in Hostage Negotiations, Accident Investigations and Burglary in Progress at the
State of Texas 2005 Law Enforcement Explorer Competition.
Section 2. That the Town of Trophy Club, Texas, recognizes this
accomplishment is a source of high community pride and significant positive recognition
for our Town, and hereby recognizes the following Explorers and Advisors:
Section 3. That this Proclamation shall become effective from and after its date
of passage in accordance with law.
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PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 2nd day of May, 2005.
Mayor
Town of Trophy Club, Texas
ATTEST:
___________________________________
Interim Town Secretary
Town of Trophy Club, Texas [SEAL]
Explorers Advisors
Commander Stephanie McKellar
Captain Chris Hupp
Lieutenant Daniel Mastropiero
Sergeant Conrad Staton
Cadet Kristine Klassen
Cadet David Marshall
Cadet Kenny Schwier
Sergeant Tony Simmons, Trophy Club DPS
Corporal Scott Voigt, Trophy Club DPS
Officer Teri Weimer, Trophy Club DPS
Associate Advisors
Officer Danny Thomas, Trophy Club DPS
Robert Mastropiero, Citizen Trophy Club
Officer David Jackson, Blue Mound PD
Cadet Clayton Hupp
Cadet Patrick Henry
Felony Traffic Staff
Christine Smith/ Shelly Smith
Connie Pena/ Josh Cannon
13
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-2-2005
Subject: Agenda Item No.C.1
Public Hearing: An amendment to Zoning Ordinance No. 2000-06 P&Z by
repealing Article 5, Section 35, entitled "Accessory Structures", in its entirety and
adopting a new Section 35, entitled "Accessory Structures". (AMD-05-018)
STAFF COMMENTS: Several months ago, the Commission directed staff to revise the current
Accessory Structure regulations to include a wider range of materials.
The proposed ordinance is generally a streamlined version of the current, with minor changes
made to materials, uses and garages. The current Section 35 contains conflicting language with
other parts of the Zoning Ordinance that have been resolved with the revision.
The following proposed ordinance is a revision to the Accessory Structure Requirements, as
outlined in the Zoning Ordinance. Backup for this item contains two versions of Section 35, one
in legislative format and the other in final copy.
The Planning & Zoning Commission moved to approve the revision of Section 35 at their 7 April
2005 meeting.
(kcf)
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SECTION 35 – ACCESSORY STRUCTURES
An accessory structure shall comply in all respects with the requirements of this ordinance
applicable to the main buildingstructure, and in accordance with the following:
A. Residential Accessory StructuresAll residentially zoned districts shall be subject to the
following regulations.
In the following districts, R-8, R-9, R-10, R-11, R-12, R-15, R-Fairway Village, R-Twenty in
Trophy, R-Oak Hill, R-Oak Hill Patio, R-Summit, MH HUD Code Manufactured Home and
Industrialized Housing, and PD (when used as residential) shall be subject to the following
regulations for accessory use for residential purposes.
1. Permitted Accessory Structures :
a. Accessory structures less than 120 square feet and not exceeding 6 feet in
height shall not require a building permit.of 120 sq. ft. or greater shall
require site plan approval by the Town Council upon recommendation by the
Planning and Zoning Commission.
b. A building permit shall be required for all accessory structures 50 sq. ft. or
larger.
cb. 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,
1. Detached private garage in connection with any use, permitted in these
districts, provided that no such garage shall face a golf course; and
provided that any detached garage which faces a street be located not less
than forty-five (45) feet 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.
2. Cabana, pavilion, gazebo
3. Private swimming pool.
4. Signs subject to the provisions of the Town Sign Ordinance.
5. Storage/utility buildings (masonry or wood)
6. Greenhouse (as hobby, not business)
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7. Home workshop
8. Flag Pole less than 20 feet
9. Tennis court
10. Basketball court
11. All other uses and structures which are customarily accessory, and which
are clearly incidental to the permitted and conditional uses and structures,
.and which are allowed within the applicable Zoning District.
d. In the following districts, R-8, R-9, R-10, R-11, R-12, R-15, R-Fairway Village,
R-Twenty in Trophy, R-Oak Hill, R-Oak Hill Patio, R-Summit, MH HUD Code
Manufactured Home and Industrialized Housing, and PD (when used as
residential) District In Aall residentially zoned districts, when any of the
foregoing permitted residential accessory uses are detached from the principal
single-family dwelling, said uses such accessory uses shall not be located no a
minimum of less than forty-five (45) feet from the front property line, a
minimum of nor less than twenty (20) feet from any street right-of-way, and not
less than a minimum of six (6) feet from rear and side lot lines. An accessory
use shall not be located , nor within any identified easement. In addition,
accessory structures permitted in these districts shall not exceed one story in
height, except for storage/utility structures which shall not exceed 6 feet in
height.
B. Non-Residential Accessory Structures and Uses: All non-residentially zoned districts
The following districts, NS, PO, CG, CR, GU, and PD (when used as non-residential) shall
be subject to the following non-residential accessory use regulations. The following uses
shall be permitted as accessory uses, provided that such use shall be located not less than
twenty (20) feet from any street right-of-way:
1. Permitted Accessory Structures and Uses in CG-Commercial District and in NS
Neighborhood Service District: The following uses shall be permitted as accessory
uses:, provided that such use shall be located not less than twenty (20) feet from any
street right-of-way:
a. Screened garbage storage on a concrete pad and no nearer than fifty (50) feet to
a residentially zoned district and not located between the front of the building
and any street right-of-way.
b. Temporary uses incidental to the primary use, provided the same is properly
screened and provided they conform to the standards set forth in Section 33,
Temporary Uses.
c. Signs subject to the provisions of the Town Sign Ordinance.
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2. Permitted Accessory Structures and Uses in CR-Commercial District: The
following structures and uses shall be permitted as accessory structures and uses.
a. Cabana, pavilion, gazebo or roofed area
b. Signs subject to the provisions of the Town Sign Ordinance
cb. All other uses and structures which are customarily accessory, which are clearly
incidental to the permitted and conditional uses and structures, and which are
allowed within the applicable Zoning District.All other uses and structures
which are customarily and clearly incidental to the permitted and conditional
uses and structures.Uses and structures which are customarily accessory and are
clearly incidental to the permitted and conditional uses and structures.
3. 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:
a. Signs subject to the provisions of the Town Sign Ordinance
ab. All other uses and structures which are customarily accessory, which are clearly
incidental to the permitted and conditional uses and structures, and which are
allowed within the applicable Zoning District.All other uses and structures
which are customarily and clearly incidental to the permitted and conditional
uses and structures.Uses and structures which are customarily accessory and are
clearly incidental to the permitted and conditional uses and structures.
C. Prohibited Structures: The following structures shall be prohibited:
1. Treehouses
2. Metal, vinyl or similar material buildingstructures unless otherwise provided herein.
3. Temporary buildingstructures on skids
D. Permit Requirement: An Accessory Structure Permit shall be obtained, except for a flag
pole less than 20 feet, from the Town Planning and Zoning Administrator and the fee for
said permit paid prior to the construction of any accessory structure, if any of the following
conditions are present:
1. An accessory structure exceeds a total of eight feet in height including struts and
support poles etc.;
2. An accessory building exceeds 50 square feet in area.
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3. Flag pole over 20 feet.
E.
D.
Location: An accessory structure located within any zoning district, with exception of a
flag pole and signs, shall not be located in any front yard, as defined by this ordinance, and
shall be located at least ten (10) feet from any dwelling, building or structure existing or
under construction on the same lot or any adjacent lot., except swimming pools, which may
be located nearer than ten (10) feet from any dwelling existing as long as the excavation of
the swimming pool does not in any way harm or endanger the existing building or dwelling.
Notwithstanding the foregoing, accessory structures are only allowed if they comply with
the zoning regulations in the district in which they are located.
F. Yard Requirements: Unless otherwise permitted by this ordinance, accessory buildings
shall be subject to the same yard requirements as the principal structure. In the case of a
corner lot, no accessory building shall be located within any side yard required on the street
side.
GE. Garage Requirements:
1. 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 . Said
garage shall have a minimum interior dimension of twenty one (21) feet by twenty
two (22) feet. Said garage shall also be constructed so as to accommodate the
enclosed parking of at least two (2) automobiles.
2. A detached garage, which is provided in addition to the required two (2) car garage,
shall be permitted as an accessory use structure in a residential district, except as
otherwise specifically provided.
3. Any detached garage shall setback at least forty five (45) feet from the front property
line of a residential lot.
4. An attached garage structure, which is provided in addition to the required two (2) car
garage, may face any street if the garage sits back at least forty five (45) feet from the
front property line of a residential lot.
5. Any garage structure, provided in addition to the required two (2) car garage, shall
have a minimum interior dimension of 10 1/2 x 22 feet for each vehicle space.
6.
4.
Corner lots may have detached garages facing a side street if they set back a
minimum of thirty five (35) feet from the side street; however, no drive cuts will be
allowed from any street classified as a major or minor collector street.
HF. Masonry RequirementsDesign Criteria: All accessory buildingstructures shall conform
to the masonry following design criteria:requirements as recorded in each zoning district for
main structures.
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1. 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 (examples shall include, but not be limited to gym sets,
playhouses, and greenhouses).The exterior surfaces of all accessory buildings shall be consistent
with the primary structure. However, accessory structures that are normally constructed in such a
manner that masonry exterior surfaces are not practical, nor appropriate are excluded from the masonry
requirements. Examples of excluded accessory structures may include, but not be limited to, the
following: gym sets, playhouses, greenhouses, garden shelters, gazebos, pavilions, etc.
2. 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, subject to prior approval by by the Town’s
Planning and Zoning Coordinator.If a question exists as to whether or not an accessory use is
exempt, the Town Planning and Zoning Administrator or the Planning and Zoning Commission shall
determine which structures are exempted from the masonry requirement; however, the Zoning Board
of Adjustments will provide the final determination of exempted accessory structures if the decision of
the Town Planning and Zoning Administrator or Planning and Zoning Commission is appealed.
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2005-__ P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE
SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY
REPEALING ARTICLE 5, SECTION 35, ENTITLED "ACCESSORY
STRUCTURES", IN ITS ENTIRERY AND ADOPTING A NEW SECTION
35, ENTITLED “ACCESSORY STRUCTURES”; PROVIDING FOR THE
INCORPORATION OF PREMISES; PRESCRIBING CRITERIA
RESIDENTIALLY ZONED DISTRICTS; PROVIDING CRITERIA FOR
NON-RESIDENTIAL ACCESSORY STRUCTURES; SETTING FORTH
CRITERIA FOR PROHIBITED STRUCTURES; PROVIDING
PROVISIONS FOR LOCATION; SETTING FORTH REQUIREMENTS
FOR DETACHED GARAGES; PRESCRIBING PROVISIONS FOR
DESIGN CRITERIA; PROVIDING A SAVINGS CLAUSE; PROVIDING A
CUMULATIVE REPEALER CLAUSE; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a home
rule municipality acting under its charter adopted by the electorate pursuant to Article XI,
Section 5 of the Texas Constitution and Chapter 9 of Local Government Code; and
WHEREAS, on March 21, 2000, the Town Council adopted Ordinance No. 2000-06
P&Z, the same being the Comprehensive Zoning Ordinance, (hereinafter referred to as “CZO”),
establishing zoning regulations for the Town; and
WHEREAS, due to the evolving needs of the community specifically relating to
accessory uses and structures, and advancements in the construction materials industry, Town
staff has recommended an update to Article 5, Section 35 of Ordinance No. 2000-06 P&Z; and
WHEREAS, the Town Council wishes to modify Article 5, Section 35 of the Zoning
Ordinance in order to provide additional uses, structures and materials for accessory buildings
and structures within the Town; and
WHEREAS, all legal notices, requirements and conditions having been complied with,
the case to amend the Comprehensive Zoning Ordinance came before the Planning & Zoning
Commission and the Town Council; and
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WHEREAS, after public notices were given in compliance with State Law and public
hearings were conducted, and after considering the information submitted at those public
hearings and all other relevant information and materials, the Planning & Zoning Commission of
the Town has recommended to the Town Council the adoption of the amendments to the
Comprehensive Zoning Ordinance as set forth in this Ordinance; and
NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
AMENDMENT
Ordinance No. 2000-06 P&Z, of the Town of Trophy Club, Texas, the same being the
Town’s Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and
all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended
but are hereby ratified and affirmed:
SECTION 35 – ACCESSORY STRUCTURES
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:
A. All residentially zoned districts shall be subject to the following regulations.
1. Permitted Accessory Structures
a. Accessory structures less than 120 square feet and not exceeding 6 feet in height
shall not require a building permit.
b. 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,
1. 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 not less than forty-five (45) feet 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.
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2. Cabana, pavilion, gazebo
3. Storage/utility buildings (masonry or wood)
4. Greenhouse (as hobby, not business)
5. Home workshop
6. Flag Pole less than 20 feet
7. Tennis court
8. Basketball court
9. All other uses and structures which are customarily accessory, which are
clearly incidental to the permitted and conditional uses and structures, and
which are allowed within the applicable Zoning District.
c. 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 a minimum of forty-five (45) feet from the
front property line, a minimum of twenty (20) feet from any street right-of-way,
a minimum of six (6) feet from rear and side lot lines. An accessory use shall not
be located within any identified easement. In addition, accessory structures
permitted in these districts shall not exceed one story in height, except for
storage/utility structures which shall not exceed 6 feet in height.
B. Non-Residential 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 (20) feet from any street right-of-
way:
1. Permitted Accessory Structures and Uses in CG-Commercial District and in NS
Neighborhood Service District: The following uses shall be permitted as accessory
uses:
a. Screened garbage storage on a concrete pad and no nearer than fifty (50) feet to a
residentially zoned district and not located between the front of the building and
any street right-of-way.
b. Temporary uses incidental to the primary use, provided the same is properly
screened and provided they conform to the standards set forth in Section 33,
Temporary Uses.
2. Permitted Accessory Structures and Uses in CR-Commercial District: The
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following structures and uses shall be permitted as accessory structures and uses.
a. Cabana, pavilion, gazebo or roofed area
b. All other uses and structures which are customarily accessory, which are clearly
incidental to the permitted and conditional uses and structures, and which are
allowed within the applicable Zoning District.
3. 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:
a. All other uses and structures which are customarily accessory, which are clearly
incidental to the permitted and conditional uses and structures, and which are
allowed within the applicable Zoning District.
C. Prohibited Structures: The following structures shall be prohibited:
1. Treehouses
2. Metal, vinyl or similar material structures unless otherwise provided herein.
3. Temporary structures on skids
D. Location: An accessory structure located within any zoning district, with exception of a flag
pole shall not be located in any front yard, as defined by this ordinance, and shall be located
at least ten (10) feet from any dwelling, or structure existing or under construction on the
same lot or any adjacent lot.
E. Garage Requirements:
1. 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.
2. 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.
3. Any detached garage shall setback at least forty five (45) feet from the front property
line of a residential lot.
4. Corner lots may have detached garages facing a side street if they set back a minimum
of thirty five (35) feet from the side street; however, no drive cuts will be allowed from
any street classified as a major or minor collector street.
23
F. Design Criteria: All accessory structures shall conform to the following design criteria:
1. 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, and greenhouses).
2. 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.
SECTION 3.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any
and all violations of the provisions of any other Ordinance affecting accessory structure
regulations which have secured at the time of the effective date of this Ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted
until final disposition by the courts.
SECTION 4.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for those instances where there are direct conflicts
with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this
Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to
the extent that they are inconsistent with this Ordinance. Provided however, that any complaint,
action, claim or lawsuit which has been initiated or has arisen under or pursuant to such
Ordinance on the date of adoption of this Ordinance shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and
effect.
SECTION 5.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction,
in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 6.
SEVERABILITY
24
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish, the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
SECTION 8.
ENGROSSMENT & ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this__ day of May, 2005.
Mayor
Town of Trophy Club, Texas
Effective Date:
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
25
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
26
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-2-2005
Subject: Agenda Item No.D.1
Discuss and take appropriate actions regarding an amendment to Zoning
Ordinance No. 2000-06 P&Z by repealing Article 5, Section 35, entitled "Accessory
Structures", in its entirety and adopting a new Section 35, entitled "Accessory
Structures". (AMD-05-018)
ACTION BY COUNCIL: Refer to Agenda Item C.1
(kcf)
Attachments: 1. Information Memorandum
27
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-2-2005
Subject: Agenda Item No.D.2
Discuss and take appropriate action regarding a resolution creating a Task Force to
explore different ways to attract commercial retail services and promote economic
development in the Town of Trophy Club.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lr)
Attachments: 1. Resolution
28
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2005
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS AUTHORIZING THE
CREATION OF A TASK FORCE TO EXPLORE DIFFERENT
WAYS TO ATTRACT COMMERCIAL RETAIL SERVICES
AND PROMOTE ECONOMIC DEVELOPMENT IN THE
TOWN OF TROPHY CLUB; THE TASK FORCE
CONSISTING OF ONE MEMBER FROM ECONOMIC
DEVELOPMENT 4A, ONE MEMBER FROM ECONOMIC
DEVELOPMENT 4B, AND ONE MEMBER FROM THE
TOWN COUNCIL, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town is empowered under §51.001 of the Texas Local Government
Code to adopt a resolution that is for the good government of the Town;
WHEREAS, the Town has a substantial interest in the proper management and oversight
of the Town’s economic development;
WHEREAS, a Task Force can provide focus on economic development and identify
strategies for exploring and promoting economic development within the Town;
WHEREAS, economic development within the Town would provide a source of revenue
and deliver quality commercial services beneficial to the residents of the Town.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. The Town Council of the Town of Trophy Club, Texas does hereby
authorize the creation of a Task Force.
Section 2. The Task Force shall consist of one member of EDC 4A, EDC 4B and one
member of the Town Council to be nominated by the members of the individual boards. Such
members shall serve at the pleasure of the Town Council. By passage of this Resolution, the
Town Council nominates and elects Council member Pam Cates as its representative member
serving on the Task Force.
Section 3 Council Member Cates shall serve as the liaison between the Town
Council and the Task Force. As liaison, Council Member Cates shall communicate directives
from the Town Council to the Task Force, and shall at the request of the Town Council, submit
reports on the project.
Section 5. The Task Force shall advise the Town Council concerning the most
efficient means of attracting and promoting economic development to the Town and perform
29
other functions in accordance with a mission statement adopted by the Task Force and/or
purpose established by the Town Council.
Section 6. 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 2nd day of May, 2005.
_______________________________
Scott Smith
Mayor, Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary,
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
_________________________________________
Town Attorney,
Town of Trophy Club, Texas
30
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-2-2005
Subject: Agenda Item No.D.3
Discuss and take appropriate action regarding an ordinance repealing Town
Ordinance No. 2004-12 & 2004-15, and adopting new provisions relating to the
Town's Schedule of Fees.
EXPLANATION: Each year the Town updates the ordinance relating to fees collected for
various functions. The 2005 update includes the following changes:
Community Development
Erosion Control
Grading Permits
Health Permits
Animal Control
Transportation Fee
Fire Division
Clarified Residential Sprinkler square footages
Removed several miscellaneous permit types
Clarified Commercial and Residential Plan Reviews
Police Department
Clarified Fingerprints Per Card
Community Pool
Business Entry Fee Designated
Administrative
Changed to Reflect State’s Current Suggested Fees
(kcf)
Attachments: 1. Information Memorandum
2. Ordinance
31
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2004-122005-__
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ORDINANCE NO. 2003-132004-12, ADOPTING A
SCHEDULE OF FEES FOR THE TOWN, IN ITS ENTIRETY; AND
PROVIDING FOR THE ADOPTION OF A NEW SCHEDULE OF FEES
BY INCORPORATION OF EXHIBIT “A”, AND ALL SCHEDULES
THERETO; AND REPEALING ORDINANCE NO. 2004-15, IMPOSING A
FEE FOR THE USE OF THE TOWN’S COMMUNITY SWIMMING
POOL FOR NON-RESIDENT/NON-GUEST USERS; PROVIDING FOR
AN INCORPORATION OF PREMISES/PURPOSE CLAUSE;
PROVIDING FOR BUILDING PERMIT FEES, INSPECTION FEES,
OTHER PERMIT ISSUANCE FEES, PLUMBING, ELECTRICAL AND
MECHANICAL FEES, AND PROVIDING FOR PERMIT ISSUANCE AND
OTHER RELATED COMMUNITY DEVELOPMENT DEPARTMENT
FEES; PLANNING AND ZONING FEES FOR SERVICES, MAPS,
MEETINGS, ZONING CHANGE REQUESTS, STAFF REVIEW,
PLATTING, SUBDIVIDER AGREEMENTS, AMENDMENTS, UPDATES,
ALCOHOLIC BEVERAGE SALE FEES, AND OTHER ZONING
RELATED FEES; ZONING BOARD OF ADJUSTMENT FEES; ANIMAL
CONTROL FEES; FIRE/EMS DEPARTMENT FEES;; FIRE PLAN
REVIEW FEES; FIRE DIVISION FEES; MUNICIPAL COURT FEES;
POLICE DEPARTMENT FEES; COMMUNITY POOL FEES;
ADMINISTRATIVE FEES TO INCLUDE FEES FOR PAPER,
ELECTRONIC, AUDIO, VIDEO, OVERSIZED PAPER, MYLAR,
BLUEPRINT, OTHER RELATED REPRODUCTIONS, AND RELATED
PERSONNEL AND RESOURCE FEES; PROVIDING RELATED TEXAS
ADMINISTRATIVE CODE GUIDELINES; PARKS AND RECREATION
FEES; ; PROVIDING APPLICABILITY/CONFLICT; PROVIDING A
WAIVER; PROVIDING FOR AMENDMENTS HERETO; PROVIDING A
CUMULATIVE REPEALER; PROVIDING FOR SAVINGS; PROVIDING
SEVERABILITY; PROVIDING FOR PUBLICATION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Texas Local Government Code; andWHEREAS, the Town Council of the
Town of Trophy Club, Texas (the “Town”) is empowered under the Texas Local Government
Code, Section 54.001, to do all acts and make all regulations which may be necessary or
expedient for the promotion of the public health, safety and general welfare; and
WHEREAS, on August 7March 15, 20032004, the Town enacted Ordinance No.
20032004-1312, adopting a new Schedule of Fees for the Town; and
32
WHEREAS on May 17, 2004, the Town enacted Ordinance No. 2004-15 imposing a fee
for the use of the town’s community swimming pool for non-resident/non-guest users; and
WHEREAS, due to changes in costs and the addition of new services, the Town now
finds it necessary and proper to repeal Ordinance No. 20032004-13 12 in its entirety and to
establish a new Schedule of Fees for the Town, and repeal Ordinance No. 2004-15 in its entirety
by incorporating the non-resident/non-guest user fees associated with the Town’s community
swimming pool into the new Schedule of Fees,; and
WHEREAS, the fees adopted hereby are set forth in Exhibit “A” and all schedules
thereto (collectively referred to as “Exhibit ‘A’”) are reasonable and reflect reimbursement for
administrative costs incurred by the Town in providing various services to the public (A copy of
Exhibit “A” is attached hereto and incorporated herein by this reference); and
WHEREAS, the Town is authorized to require the payment of reasonable fees for
services provided.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES/PURPOSE
The foregoing premises are hereby adopted in their entirety and there is hereby adopted a
Schedule of Fees, attached hereto as Exhibit “A”, including any schedule thereto, and
incorporated herein for all purposes for the Town of Trophy Club, Texas, the payment of which
shall be a condition precedent to the issuance of any permit, any inspection or the provision of a
copy of any ordinance, resolution or any other Town record or document. Such fees represent
the reasonable administrative costs of the Town in providing services to the public.
SECTION 2.
APPLICABILITY/CONFLICT
The provisions of this Ordinance shall apply to all fees established herein and shall be
levied by the Town of Trophy Club, Texas, immediately upon the effective date of this
Ordinance. Separately adopted ordinances may also address applicable fees for other permit
requirements and services provided within the Town of Trophy Club. In the event there is a
conflict between the amount of a fee enacted by a separately adopted ordinance, the fee amount
set forth herein shall apply unless the separately adopted ordinance specifically provides that it
controls. This Ordinance should not be construed to be all inclusive of required permits or fees
within the Town of Trophy Club.
SECTION 3.
WAIVER
33
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
Council to determine that a reduction or waiver is appropriate. Economic hardship alone is not
sufficient to support a finding by Council that good cause exists.
SECTION 4.
AMENDMENT
The individual fees are subject to change to reflect the Town’s actual costs and as such,
the fees herein may be changed by the Town Council at any regular or scheduled public meeting
through a simple majority vote in compliance with applicable law.
SECTION 5.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the
provisions of such Ordinances except for those instances where there are direct conflicts with the
provisions of this Ordinance and where such other ordinances(s) does not specifically state that
fees contained therein take precedence; provided however, that Ordinance Nos. 20032004-13 12
& 2004-15 is are hereby repealed. Ordinances or parts thereof in force at the time this Ordinance
shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent
that they are inconsistent with this Ordinance unless such ordinance specifically states that it
controls over this Ordinance. Provided however, that any complaint, action, claim or lawsuit
which has been initiated or has arisen under or pursuant to Ordinance Nos. 20032004-13 12 &
2004-15 on the date of adoption of this Ordinance shall continue to be governed by the
provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and
effect.
SECTION 6.
SAVINGS
All rights and remedies of the Town of Trophy Club are expressly saved as to any and all
violations of the provisions of any Ordinances affecting fees and as to any and all claims or
causes of action regarding any fees imposed by Ordinance or other Town regulation which have
accrued prior to or at the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending causes of action, both civil and criminal, whether pending in court or
not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted
until final disposition by the courts.
SECTION 7.
SEVERABILITY
34
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance
or application thereof to any person or circumstance is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the
remaining portions of this Ordinance, and the Town Council hereby declares it would have
passed such remaining portions of this Ordinance despite such invalidity or
unconstitutionality and that such remaining portions shall remain in full force and effect.
SECTION 8.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local
Government Code.
SECTION 9.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance by copying the exact Caption and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 10.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of passage and
publication, in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this 15th 2nd day of Mayrch, 20042005.
Mayor
Town of Trophy Club, Texas
Effective Date: March 20, 2004
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
35
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
EXHIBIT “A”
Town of Trophy Club
Schedule of Fees
March 1, 2004
May 2, 2005
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Building Permit Fees Table 1-A,
Plan Review Fees (New Construction) 65% of Base permit fee
a. For the addition to a dwelling, the construction of pool, and the
construction of any structure housing a group A, B, E, H, I, M,
or division 1 occupancy
35% of permit fee
Minimum Fee - $15.00
Pool Permit Fees Table 1-A,
Pool Plan Review 35% of permit fee
Pool Plumber $50.00
Pool Electrical $50.00
Propane Tank $34.00
Certificate of Occupancy (Commercial)
Processing Fee
$75.00
$25.00
Construction in a right of way $50.00
Contractor Registration Fees
Master Electrician Registration $75.00
Journeyman Electrician $25.00
HVAC $25.00
Fire Protection $25.00
Plumbing $25.00
Backflow $25.00
All License Renewal $25.00
Copies (8 ½ X 11 per side) $.10
Demolition Permit Fee $50.00
Erosion Control Deposit Account
Single Family Residential Subdivisions $100.00 per lot
Multifamily Residential and Non-Residential Subdivisions $200.00 per lot
Refund of Erosion Control Deposit
Deposit Refunds shall comply with Section 108.6 of the 2003
International Building Code
Electrical Permit Fees
Permit issuance fee $20.00
Processing Fee $25.00
Lighting fixtures, Lighting fixtures sockets, or other
Lamp holding device First 20 Qty. X 0.75 =
Additional fixtures Qty. X 0.45 =
Pole or platform mounted lights Qty. X 0.75 =
Theatrical lighting for assemblies Qty. X 0.75 =
Non residential appliances Qty. X 3.00 =
Power apparatus; motors, generators,
Transformers, air conditioners & heat pumps,
Cooking or baking equipment rating in (hp), (kw), (kva, or kvar)
up to 1 $ 3.00
over 1, not over 10 $ 7.50
over 10, not over 50 $15.00
over 50, not over 100 $30.00
over 100 $45.00
Signs and outline lighting $15.00
Services 600 volt or less, not over 200 amps $18.50
600 volt or less, over 200 amps $37.50
over 600 volt & over 1000 amps $75.00
Miscellaneous apparatus $11.00
Fence Permit Fees
Processing Fee
$30.00
$25.00
Animal Runs
Processing Fee
$15.00
$25.00
Retaining Wall Permit
Processing Fee
$30.00
$25.00
Grading Permit Refer to Table A-33-A
and Table A-33-B of 1997
Uniform Building Code
Single Residential Lot $45.00
½ - 1 acre: $55.00
>1 - 3 acres $85.00
>3 - 5 acres $115.00
>5 - 10 acres $165.00
> 10 acres $165.00 + $7.50 per acre
Weekly inspection of sites $85.00 hour (min. 2 hours)
Incidental Permit Fee $25.00
Irrigation Permit Fee
Processing Fee
$50.00
$25.00
Mechanical Permit Fee UMC3 1997
Noise Permit $25.00
Plan Review Fees (New Construction) 65% of Base permit fee
a. For the addition to a dwelling, the construction of pool, and the
construction of any structure housing a group A, B, E, H, I, M,
or division 1 occupancy
35% of permit fee
Minimum Fee - $15.00
Plumbing Permit Fees
For issuing each permit $20.00
Processing Fee $25.00
For issuing each supplemental permit $10.00
Unit Fee Schedule (in addition to items 1 and 2 above) $ 7.00
For each plumbing fixture on one trap or a set of fixtures on one trap (including
water, drainage piping and backflow protection thereof)
For each building sewer $15.00
Rainwater systems – per drain (inside building) $ 7.00
For each private sewage disposal system $40.00
For each water heater and/or vent $ 7.00
For each gas-piping system 1-5 outlets $ 5.00
For each additional gas piping system outlet, per outlet $ 1.00
For each industrial waste pretreatment interceptor including its trap and vent,
except kitchen-type grease interceptors functioning as fixture traps
$ 7.00
For each installation, alteration or repair of water piping and/or water treating
equipment, each
$ 7.00
For each repair or alteration of drainage or vent piping, each fixture $ 7.00
For each lawn sprinkler system on any one meter including backflow protection
devices thereof
$ 7.00
For atmospheric-type vacuum breakers not included in item 12:
1-5 $ 5.00
over 5, each $ 1.00
For each backflow protective device other than atmospheric type vacuum breakers
2 inch (51mm) diameter and smaller
$ 7.00
over 2 inch (51 mm) $15.00
For each medical gas piping system serving one to five inlet(s) outlet(s) for a
specific gas
$50.00
For each additional medical gas inlet(s) outlet(s) $5.00
Inspections outside of normal business hours $30.00*
Re-inspection fee $30.00
Inspections for which no fee is specifically indicated $30.00*
Additional plan review required by changes, additions or revisions to approved plans
(minimum charge – one-half hour)
$30.00*
*Per hour for each hour worked or the total hourly cost to the jurisdiction, whichever is greater. This cost
shall include supervision, overhead, equipment, hourly wages and fringe benefits of all the employees
involved.
Pool Permit Fees UBC1 Table A, (Total Valuation +35% plan review fee)
Pool Plumber $50.00
Pool Electrical $50.00
Propane Tank $34.00
Re-inspection Fees (minimum ½ hour)
1st re-inspection $47.00
Re-Roofing Permit Fee
Processing Fee
$50.00
$25.00
Satellite Permit (Greater than 36-inch) $50.00
Sign Permit Fee
Permanent sign (1-50 sq.ft.) $50.00 + Electrical
(over 50+ sq. Fft.) $1.00 per square foot
Temporary Sign $25.00
Health Permits
Food Establishment $225.00
Retail Food Store $525.00
Mobil Food Unit $100.00
Roadside Food Vendor $100.00
Child Care Centers $100.00
Temporary Food Establishment $35.00
Tree Preservation Permit Fee (per tree) $25.00/tree
Work Done Prior to Permit Approval/Issuance Double the regular permit fee
Refunding of fees paid shall comply with Section 1078.6 of the 1997 2003 International Uniform
Building Code. Otherwise above fees are not refundable.
1Uniform International Building Code
2National Electrical Code
3Uniform International Mechanical Code
4Uniform International Plumbing Code
Permit Issuance and Heaters
1. For the issuance of each mechanical permit $23.50
2.. Processing Fee $25.00
3. For issuing each supplemental permit for which the original permit has
expired been cancelled or finaled
$ 7.25
Unit Fee Schedule
(Note: The following does not include permit-issuing fee.)
1. Furnaces
For the installation or relocation of each forced-air or gravity-type furnace or
burner, including ducts and vents attached to such appliance, up to and
including 100,000 Btu/h (29.3 kW)
$14.80
For the installation or relocation of each forced-air or gravity-type furnace or
burner, including ducts and vents attached to such appliance over 100,000
Btu/h (29.3 kW)
$18.20
For the installation or relocation of each floor furnace, including vent $14.80
For the installation or relocation of each suspended heater, recessed wall
heater or floor-mounted unit heater
$14.80
2. Appliance Vents
For the installation, relocation or replacement of each appliance vent installed
and not included in an appliance permit
$ 7.25
3. Repairs or Additions
For the repair of, alteration of, or addition to each heating appliance,
refrigeration unit, cooling unit, absorption unit, or heating, cooling, absorption
or evaporative cooling system, including installation of controls regulated by
the Mechanical Code
$13.70
4. Boilers, Compressors and Absorption Systems
For the installation or relocation of each boiler or compressor to and including
3 horsepower (10.6 kW), or each absorption system to and including 100,000
Btu/h (29.3 kW)
$14.70
For the installation or relocation of each boiler or compressor over three
horsepower (10.6 kW) to and including 15 horsepower (52.7 kW), or each
absorption system over 100,000 Btu/h (29.3 kW) to and including 500,000
Btu/h (146.6 kW)
$27.15
For the installation or relocation of each boiler or compressor over 15
horsepower (52.7 kW) to and including 30 horsepower (105.5 kW), or each
absorption system over 500,000 Btu/h (146.6 kW) to and including 1,000,000
Btu/h (293.1 kW)
$37.25
For the installation or relocation of each boiler or compressor over 30
horsepower (105.5 kW) to and including 50 horsepower (176 kW), or each
absorption system over 1,000,000 Btu/h (293.1 kW) to and Including
1,750,000 Btu/h (512.9 kW)
$55.45
For the installation or relocation of each boiler or compressor over 50
horsepower (176 kW) or each absorption system over 1,750,000 Btu/h
(512.9 kW)
$92.65
5. Air Handlers
For each air-handling unit to and including 10,000 cubic feet per minute (cfm)
(4719 L/s) including ducts attached thereto
Note: This fee does not apply to an air-handling unit which is a portion of
factory-assembled appliance, cooling unit, evaporative cooler or absorption
unit for which a permit is required elsewhere in The Mechanical Code
$10.65
For each air-handling unit over 10,000 cfm (4719 L/s) $18.10
6. Evaporative Coolers
For each evaporative cooler other than portable type $10.65
7. Ventilation and Exhaust
For each ventilation fan connected to a single duct $ 7.25
For each ventilation system which is not a portion of any heating or air-
conditioning system authorized by a permit
$10.65
For the installation of each hood which is served by mechanical exhaust,
including ducts for such hood
$10.65
8. Incinerators
For the installation or relocation of each domestic-type incinerator $18.20
For the installation or relocation of each commercial or industrial-type
incinerator
$14.50
9. Miscellaneous
For each appliance or piece of equipment regulated by the Mechanical Code
but not classified in other appliance categories, or for which no other fee is
listed in the table
$10.65
Other Inspections and Fees:
1. Inspection outside of normal business hours, per hour (minimum charge-
two hours)
$49.50*
2. Reinspection fees assessed under provisions of Section 116.6, per
inspection
$49.50*
3. Inspections for which no fee is specifically indicated, Per hour (Minimum
charge-one-half hour)
$49.50*
4. Additional plan review required by changes, additions or revisions to
plans for which an initial review has been completed (Minimum charge-
one-half hour)
$49.50*
*Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision,
overhead, equipment, hourly wages and fringe benefits of the employees involved.
PLANNING & ZONING DEPARTMENT
Misc.
No. Description of Application/Service Fee
1 Comprehensive Zoning Ordinance $15.00
2 Subdivision Regulations $15.00
3 Comprehensive Land Use Plan $15.00
4 Park Plan Supplement to Comprehensive Land Use Plan $5.00
5 Pathway Plan Supplement to Comprehensive Land Use
Plan
$15.00
6 Design Standards for Paving, Drainage and Utility
Improvements
$25.00
7 Maps
Topography
Zoning (11” x 17”)
Zoning (24” x 36”)
Street (11” x 17”)
$.50/sheet
$.50
$5.00
$.50
8 Meetings
Concept Meeting with Developer/Applicant (initial meeting)
All subsequent meetings with Developer/Applicant
(staff)
(staff and consultants)
$300.00 Flat Fee
$100.00 per hour
$250.00 per hour
9 Engineering Review
Amended Plat
Replat
Short Form Plat
Preliminary Plat
Final Plat (includes construction plans)
Developer’s Agreement
Civil Plans
Supplemental reviews resulting from plan revisions
$110.00 per hour
$110.00 per hour
$110.00 per hour
$110.00 per hour
$110.00 per hour
$110.00 per hour
$110.00 per hour
$110.00 per hour
10 Developer’s Inspection Fee
Inspection of Utilities, Infrastructure (relocated from pg 2) 5% of contract price
11 Subdivider’s Agreement
Initial Review
Revisions / Review by staff (including Town Attorney)
$300.00
$75.00 per hour
12 Update to Official Zoning Map $75.00 per hour
13 Meritorious Exception $50.00
14 Fence/Retaining Wall Waiver $50.00
15 Public Hearing Legal Notice for Property Owners within 200
feet
Current Postal Rate for First
Class Mail/per letter
16 Newspaper Publication for Public Hearing Notice $Actual Cost
17 Planned Development Ordinance Publication $Actual Cost
Drilling
18 Specific Use Permit for new Petroleum or Gas Well $2,000.00
19 Transfer of permit if Well is Sold $150.00
20 Exploration Permit $100.00
21 Gas Well Permit $1,000.00
22 Oil Well Permit $1,000.00
23 Pipeline Inspection 3% of the value of the pipeline
24 Extraction Observation $300.00
25 Re-inspection Fee $45.00
26 Acceptance Inspection of Completed Well $300.00
27 Additional Services from Third Party Consultant $250.00 per hour
28 Additional Services from Third Party Inspector $250.00 per hour
Zoning
29 Zoning Change Request
(Straight Zoning)
(PD)
$300 + $10/lot (res.)
$300 + $15/acre (non-res.)
$400 + $10/lot (res.)
$400 + $15/acre (non-res.)
30 Conditional Use Permit $200 + $15/acre
31 Temporary Use Permit $25.00
32 Specific Use Permit $300 + $15/acre
33 Specific Use Permit for Sale of Mixed Beverages in
Restaurants by Food and Beverage Certificate Only
$300.00
34 Specific Use Permit for Beer & Wines Sales (Off Premise
Consumption Only)
$300.00
35 Mixed Beverage – 1st through 3rd years Exempt
36 Mixed Beverage – 4th and subsequent years *½ of state fee in effect at the
time of permit
37 Off-Premise Beer and/or Wine *$30.00
38 Concept Plan $200
39 Site Plan $200 + $15/acre
40 Landscape Plan $200.00
41 Zoning Verification Letter
First letter within two (2) months of zoning approval
All Subsequent Letters
$10.00
$15.00/site
42 Zoning Coordinator Opinion/Interpretation Letters $25.00
43 Amendment to Planned Development Ordinance $300.00
Platting
44 Amended Plat
(Straight Zoning)
(PD)
$200 + $10/lot (res.)
$200 + $15/acre (non-res.)
$250 + $10/lot (res.)
$250 + $15/acre (non-res.)
45 Replat
(Straight Zoning)
(PD)
$200 + $10/lot (res.)
$200 + $15/acre (non-res.)
$250 + $10/lot (res.)
$250 + $15/acre (non-res.)
46 Short Form Plat
(Straight Zoning)
(PD)
$200 + $10/lot (res.)
$200 + $15/acre (non-res.)
$300 + $10/lot (res.)
$300 + $15/acre (non-res.)
47 Preliminary Plat
(Straight Zoning)
(PD)
$300 + $10/lot (res.)
$300 + $15/acre (non-res.)
$400 + $10/lot (res.)
$400 + $15/acre (non-res.
48 Final Plat
(Straight Zoning)
(PD)
$300 + $10/lot (res.)
$300 + $15/acre (non-res.)
$400 + $10/lot (res.)
$400 + $15/acre (non-res.)
49 Plat Vacation $200.00
50 Rush Plat Filing $300.00
51 Denton County Filing Costs Actual Cost
* Denotes Annual Fee
ZONING BOARD OF ADJUSTMENT
No. Description of Application/Service Fee
1 Variance Request $150.00
2 Public Hearing Legal Notice for Property Owners within 200
feet
Current Postal Rate for
Certified Return Receipt Mail +
$.55 each
3 Newspaper Publication for Public Hearing Notice Actual Cost
NOTE: The fees for items # 2 and 3 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 scheduled
agenda.
ANIMAL CONTROL
Registration $5.00
Lost License $1.00
Impound Fee plus $30.00 / day
Transportation Fee $10.00
Quarantine Fee $200.00
Vicious Dog Registration $25.00/year
Trap Rental ($50 deposit) $10/fourteen days
Transportation to Shelter $10.00
EMS Billing
BLS Base Rate $400.00
ALS Base Rate $500.00
ALS 2 Base Rate (2 drugs or more $700.00
Mileage (per) $7.00
Treatment No Transport*
(*Fee is charged only if invasive Advanced Life Support procedures were
initiated)
$150.00
FIRE* PLAN REVIEW
0 – 100,000 square feet $0.020 per square feet
100,001 – 300,000 square feet $2,000.00 for the first 100,000 square feet
100,001 square feet plus $0.018 for each additional square foot of area
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
Major projects may require multiple plan reviews due to their complexity, i.e.:
Pre-construction Review
Utilities
Building Plans
Infrastructure
Sprinkler System Review
Alarm System Review
The above fee schedule will be accessed for each review separately.
Sub –Division Review Fee
0-50 lots $500.00
50-100 $750.00
100 + $1,000.00
Plat Review Fees $350.00
FIRE* DIVISION
1. Sprinkler permit * $25.00 year
2. Residential Sprinkler system Plan review*(6000+ sq ft (under roof) $400.00
3. Sprinkler System Re-inspection* $75.00
4. Alarm system re-inspection* $25.00
5. Final inspection for new construction* $75.00
6. Re-inspection for new construction* $25.00
7. Burn permits (residents Free) Non Residents $25.00 a week
8. Vent-A- Hoods system Permits* $175.00
9. Wet chemical systems permit* $75.00
10. Aerosol Products (500 pounds)* $50.00
11. Aircraft refueling Vehicles $100.00
12. Asbestos Removal $500.00
13. Aircraft repair Hanger $100.00
14. Automobile Wrecking Yard $250.00
15. Battery system $250.00
16. Bowling pin or ally refinishing $250.00
17. Candles and open flame in assembly areas $50.00
18. Carnivals and fairs $25.00
19. Cellulose nitrate film $100.00
20. Combustible fiber storage $50.00
21. Combustible material storage $520.00
22. Compressed gases* $100.00
23. Commercial rubbish handling operations* $250.00
24. Cryogen's* $250.00
25. Dry Cleaning Plants* $50.00
26. Dust Producing Operations $250.00
27. Explosives or blasting agents* $150.00
28. Fire Hydrant and water control valves* $25.00 per week
29. Fireworks* $300.00
30. Flammable or combustible liquids* $100.00
31. Fruit Ripening $25.00
32. Fumigation or thermal insecticidal fogging $250.00
33. Hazardous Material* $50.00
34. High-piled combustible storage $250.00
35. Hot works operations $50.00
36. Liquefied petroleum gasses * $250.00
37. Liquid- or gas-fueled vehicles or equipment in assembly bldgs $50.00
38. Lumber Yards $250.00
39. Magnesium Working $150.00
40. Mall Covered* $50.00
41. Motor vehicle fueling dispensing station* $50.00
42. Organic Coating $50.00
43. Ovens industrial baking or drying $50.00
44. Parade Floats $ 5.00
45. Places of assembly* $50.00
46. Pyrotechnical special effects material* $50.00
47. Radioactive materials $500.00
48. Refrigeration equipment* $25.00
49. Repair Garages $50.00
50. Spraying or dipping $100.00
51. Temporary membranes structures, tent and canopies* $25.00
52. Tire storage $50.00
53. Wood Products* $50.00
After hours Inspections $125.00 first hour
$35.00 each additional hour
Commercial Fire* Plan
Check Fee
0- 100,000 square feet 0.020 square feet
100,001 - 300,000 square feet $2,000.00 for the first 100,000 square feet
100,001 square feet plus 0.018 for each additional square foot of area
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.
Residential Sub –Division Review Fee
0-50 lots $500.00
50-101 $750.00
100 + $1000.00
Plat Review Fees $350.00
*These fees are imposed by official action of the Trophy Club Municipal Utility Districts, they are
included for the convenience of the customers, residents and staff. The Town of Trophy Club
has taken no official action with regard to the setting of these fees.
MUNICIPAL COURT
Capias Fee $50.00
Transcription Fee $25.00
Warrant Fee $50.00
POLICE DEPARTMENT
Accident Reports $6.00
Good Conduct Record $5.00
Fingerprints $10.00/per card
Parking Permit $50.00
Soliciting Permit $25.00
Alarm Fees
Permit for Single Family $50.00
Multi-Family $50.00 + $5 per permit for each unit
Commercial $100.00
COMMUNITY POOL
Resident Cost
Resident Fees (rate per entry) Free
Trophy Club Resident Free
Guest (2) per family household Free
Each Additional Guest $53.00
Non-Resident/Non-Guest Pool Fee (rate per
entry)
2 years old and younger Free
3 years old and over $3.00
Individual Season Pass $50.00
Family Season Pass (up to 5 family members) $150.00
Business Entry Fee (rate per entry)
Trophy Club Resident $1.50
Non-Trophy Club Resident $3.00
Pool Rental FeesRates
Minimum 2 hours/ Rate per hour:
Up to 50 people $100.00
1 – 10 Additional people $ 25.00
Rental Refundable Deposit (after clean up) $250.00
Small Pool Rental
Bathers 01-25 100.00
Large Pool Rental
Bathers 01-50 150.00
Bathers 51-80 180.00
Bathers 81-100 200.00
Bathers 100 Plus 250.00
Both Pool Rental (same
time)
Bathers 01-50 200.00
Bathers 51-80 250.00
Bathers 81 Plus 300.00
Deposit Charges
Bathers 01-50 100.00
Bathers 51 Plus 250.00
• The deposit will be held with the application until after the reservation is completed.
• All pool rentals are based on a minimum of two hours.
• After two hours, additional time will be charged in increments of one hour at half the 2-
hour costs.
• Cancellations with less than a 24-hour notice will result in the forfeiture of the deposit.
• Cancellations with less than a 1-week notice will result in the forfeiture of 50% of the
deposit.
ADMINISTRATIVE
The following is a summary of the charges for copies of public information that have been
adopted by the commission Service Rendered – Charge:
1. Standard Paper Copy $.10 per page
2. Color Paper Copy $1.00 each
3. Nonstandard-size Copy
A. Diskette $1.00 each
B. Magnetic Tape Actual Cost
(i) 4mm $13.50 each
(ii) 8 mm $12.00 each
(iii) 9-track $11.00 each
C. Data Cartridge Actual Cost
(i) 2000 Series $17.50 each
(ii) 3000 Series $20.00 each
(iii) 6000 Series $25.00 each
(iv) 9000 Series $35.00 each
(v) 600A $20.00 each
D. Tape Cartridge Actual Cost
(i) 250 MB $38.00 each
(ii) 525 MB $45.00 each
E. VHS Video Cassette $2.50 each
F. Audio Cassette $1.00 each
G. Oversized Paper Tray Copy $.50 each
H. Mylar (36-inch, 42-inch, and 48-inch), Blueline/Blueprint
Paper (all widths)
Actual Cost
(i) 3 mil. $.85/linear foot
(ii) 4 mil. $1.10/linear foot
(iii) 5 mil. $1.35/linear foot
I. Blueline/Blueprint Paper (all widths)Rewritable CD (CD-
RW)
$.20/linear foo$1.00t
J. Non-rewritable CD (CD-R)Other $1.00Actual Cost
K. Digital video disc (DVD) $3.00
L. Other electronic media Actual Cost
4. Personnel Charge:
A. Programming Personnel $26.00\28.50/hour
B. Other Personnel $15.00/hour
5. Overhead Charge 20% of personnel charge
6. Microfiche or Microfilm Charge
A. Paper Copy $.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
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.
TEXAS ADMINISTRATIVE CODE
(a) The charges in this section are to recover costs associated with providing copies of public
information are based on estimated average costs to governmental bodies across the
state. When actual costs are 25% higher than those listed in these rules, governmental
bodies other than agencies of the state, may request an exemption in accordance with §
111.64 of this title (relating to Requesting an Exemption).
(b) Copy Charge.
(1) Standard copy. The charge for standard black and white paper copies reproduced by
means of an office machine copier or a computer printer is $.10 per page or part of a
page. Each side that has a printed image is considered a page. The charge for standard
color paper copies is $1.00.
(2) Nonstandard copy. The charges in this subsection are to cover the materials onto which
information is copied and do not reflect any additional charges, including labor, that may be
associated with a particular request. The charges for nonstandard copies are:
(A) Diskette / Compact Disc (CD) ($1.00)
(B) Magnetic tape - Actual Cost($11-$13.50) - depending upon width – see §111.70 of this title
(relating to the General Services Commission Charge Schedule)
(C) Data Cartridge - Actual Cost($17.50 - $35.00) - depending on series – see §111.70
(D) Tape Cartridge - Actual Cost($38-$45) – depending on memory – see §111.70
(E) VHS Video Cassette ($2.50)
(F) Audio Cassette ($1.00)
(G) Oversize Paper Copy ($.50) - i.e., 11 inches by 17 inches, greenbar, bluebar, not including
maps and photographs using specialty paper
(H) Specialty paper (e.g.: Mylar, blueprint, blueline, map, photographic - actual cost.Mylar ($.85-
$1.35/linear foot) – depending on thickness – see §111.70
(I) Rewritable CD (CD-RW) - $1.00Blueprint/Blueline Paper ($.20/linear foot) – all widths
(J) Non-rewritable CD (CD-R) - $1.00
(K) Digital video disc (DVD) - $3.00
(L) Other electronic media - actual cost
(3) The charges in this subsection are to cover the cost of materials onto which information is
copied and do not reflect any additional charges that may be associated with a particular
request.
(c) Programming personnel. If a particular request requires the services of a programmer in
order to execute an existing program or to create a new program so that requested
information may be accessed and copied, the governmental body may charge for the
programmer’s time.
(1) The hourly charge for a programmer is $26 28.50 an hour, including fringe benefits. Only
programming services will be charged at this hourly rate.
(2) Governmental bodies that do not have in-house programming capabilities shall comply
with requests in accordance with §552.231 of the Public Information Act.
TEXAS ADMINISTRATIVE CODE continued
(3) If the charge for providing a copy of public information includes costs of labor, a
governmental body shall comply with the requirements of Government Code, Chapter
552, §552.261(b).
(d) Other Personnel Charge.
(1) The charge for other personnel costs, incurred in processing a request for public
information is $15 an hour, including fringe benefits. Where applicable, the other
personnel charge may include the actual time to locate, compile, and reproduce the
requested information.
(2) An other personnel charge shall not be billed in connection with complying with requests
that are for 50 or fewer pages of paper records, unless the documents to be copied are
located in:
(A) More than one building; or
(B) A remote storage facility.
(3) Other personnel time shall not be recovered for any time spent by an attorney, legal
assistant, or any other person who reviews the requested information.
(A) To determine whether the governmental body will raise any exceptions to disclosure of the
requested information under Subchapter C of the Public Information Act; or
(B) To research or prepare a request for a ruling by the attorney general’s office pursuant to
§552.301 of the Public Information Act.
(4) When confidential information is mixed with public information in the same page,
personnel time may be recovered for time spent to obliterate, blackout, or otherwise
obscure confidential information in order to release the public information.
(5) If the charge for providing a copy of public information includes costs of labor, a
governmental body shall comply with the requirements of Government Code, Chapter
552, §552.261(b).
(e) Overhead charge
(1) Whenever any personnel charge is applicable to a request, a governmental body may
include in the charges direct and indirect costs, in addition to specific personnel charge.
This overhead charge would cover costs as depreciation of capital assets, rent,
maintenance and repair, utilities, and administrative overhead. If a governmental body
chooses to recover such costs, a charge shall be made in accordance with the
methodology described in paragraph (3) of this subsection. Although an exact calculation
of costs will vary, the use of a standard charge will avoid complication in calculating such
costs and will provide uniformity for charges made statewide.
(2) An overhead charge shall not be made for requests for copies of 50 pages or fewer of
standard paper records.
TEXAS ADMINISTRATIVE CODE continued
(3) The overhead charge shall be computed at 20% of the charge made to cover any labor costs
associated with a particular request. Example: if one hour of labor is used for a particular request,
the formula would be as follows: Labor charge for locating, compiling, and reproducing, $15.00 x
.20 = $3.00; or Programming labor charge, $28.50 x .20 = $5.70. If a request requires one hour of
labor charge for locating, compiling, and reproducing information ($15.00 per hour); and one hour
of programming labor charge ($28.50 per hour), the combined overhead would be: $15.00 + $28.50
= $43.50 x .20 = $8.70The overhead charge shall be computed at 20% of the charge made
to cover any personnel costs associated with a particular request. Example: if one hour
of personnel (programming, other personnel or a combination of both) is used for a
particular request, the formula would be as follows: $15.00 x .20 = $3.00; or $26 x .20 -
$5.20; or $41 x .20 = $8.20.
(f) Microfiche and microfilm charge.
(1) If a governmental body already has information that exists on microfiche or microfilm and
has copies available for sale or distribution, the charge for a copy must not exceed the
cost of its reproduction. If no copies of the requested microfiche or microfilm are available
and the information on the microfiche or microfilm can be released in its entirety, the
governmental body should make a copy of the microfiche or microfilm. The charge for a
copy shall not exceed the cost of its reproduction. The Texas State Library and Archives
Commission has the capacity to reproduce microfiche and microfilm for state agencies.
Governmental bodies that do not have in-house capability to reproduce microfiche or
microfilm may charge the actual costs of having the reproduction made commercially.
(2) If only a master copy of information in microform is maintained, the charge is $.10 per
page for standard size paper copies, plus any applicable personnel and overhead charge
for more than 50 copies.
(g) Remote document retrieval charge.
(1) Due to limited on-site capacity of storage of documents, it is frequently necessary to store
information that is not in current use in remote storage locations. Every effort should be
made by governmental bodies to store current records on-site. State agencies are
encouraged to store inactive or non-current records with the Texas State Library and
Archives Commission. To the extent that the retrieval of documents results in a charge to
comply with a request, it is permissible to recover costs of such services.
(2) If a governmental body has a contract with a special records storage company, whereby
the private company charges a fee to locate, retrieve, deliver, and return to storage the
needed record(s), no additional personnel charge shall be factored in for time spent in
locating documents at the storage location by the private company’s personnel. If after
delivery to the governmental body, the boxes must still be searched for records that are
responsive to the request, a personnel charge is allowed according to subsection (d)(1) of
this section.
(h) Computer Resource Charge.
(1) The computer resource charge is a utilization charge for computers based on the
amortized costs of acquisition, lease, operation, and maintenance of computer resources,
which might include, but is not limited to, some or all of the following: central processing
units (CPUs), servers, disk drives, local area networks (LANs), printers, tape drives, other
peripheral devices, communications devices, software, and system utilities.
TEXAS ADMINISTRATIVE CODE continued
(2) These computer resources are not limited to substitute for cost recovery methodologies or
charges made for purposes other than responding to public information requests.
(3) The charges in this subsection are averages based on a survey of governmental bodies
with a broad range of computer capabilities. Each governmental body using this costs
recovery charge shall determine which category(ies) of computer system(s) used to fulfill
the public information request most closely fits its existing systems(s), and set its charge
accordingly. Type of System – Rate: Mainframe - $10 per minute; Midsize -- $1.50 per
minute; Client/Server -- $2.20 per hour, PC or LAN -- $1.00 per hour.
(4) The charge made to recover the computer utilization cost is the actual time the computer
takes to execute a particular program times the applicable rate. The CPU charge is not
meant to apply to programming or printing time; rather, it is solely to recover costs
associated with the actual time required by the computer to execute a program. This time,
called CPU time, can be read directly from the CPU clock, and most frequently will be a
matter of seconds. If programming is required to comply with a particular request, the
appropriate charge that may be recovered for programming time is set forth in subsection
(d) of this section. No charge should be made for computer print-out time. Example: If a
mainframe computer is used, and the processing time is 20 seconds, the charges would
be as follows: $10 / 3 = $3.33; or $10 / 60 = $3.33.
(5) A governmental body that does not have in-house computer capabilities shall comply with
requests in accordance with the Public Information Act, Government Code, Chapter 552,
§552.231.
(i) Miscellaneous supplies. The actual costs of miscellaneous supplies, such as labels,
boxes, and other supplies used to produce the requested information, may be added to
the total charge for public information.
(j) Postal and shipping charges. Governmental bodies may add any related or shipping
expenses which are necessary to transmit the produced information to the requesting
party.
(k) Sales Tax. Sales tax shall not be added on charges for public information.
(l) The commission shall reevaluate and update these charges as necessary.
PARKS AND RECREATION
All fees are to be paid at the time of reservation and are based on availability. Amounts shown
are for each separate use/session. A session is based on 2-hour increments.
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.
Beck Park
Baseball Fields (unlit) $8.00 per session
Baseball Fields (lighted) $12.00 per session
Independence Park
Baseball Fields (unlit) $12.00 per session
Baseball Fields (lighted) $18.00 per session
Softball Fields (unlit) $12.00 per session
Softball Fields (lighted) $18.00 per session
Tennis Court (unlit) No Charge per session
Tennis Courts (lighted) $6.00 per session
Basketball/Multi Purpose Court No Charge per session
Shuffleboard No Charge per session*
Horseshoes No Charge per session*
Harmony Park
Soccer Fields (unlit) $12.00 per session
Soccer Fields (lighted) $18.00 per session
Softball Fields $10.00 per session
Pavilion (booked in 4-hour increments) No Charge first four hours;
$25.00 for next four
hours**
Marshall Creek Park
Picnic Area No Charge first four hours;
$25.00 for next four
hours**
Daily Park Entrance/Boat Launch $3.00 per vehicle
Additional Vehicles $5.00 each additional
vehicle being transported
Senior Discount 50% reduction in fees for
persons 60 years of age or
older
*Deposit Required $25.00 Refundable
** Deposit Required $50.00 Refundable
Annual Pass (For entry fee and boat launch only) $75.00 per year for non-residents of
Trophy Club; $50.00 per year for residents and other categories of users as approved by
Town Council. In the event that there is a conflict between the fee charged in this
Schedule of Fees Ordinance and any other Ordinance, the amount specified in this fee
Ordinance shall control the fees charged for Marshall Creek Park.
The annual pass is valid from January 1 to December 31 of the year in which it is issued
regardless of the month in which the pass is actually purchased. The annual pass shall be
displayed at all times on the vehicle for which it was issued in accordance with the applicable
instructions for attachment.
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-2-2005
Subject: Agenda Item No.D.4
Discuss and take appropriate action relative to a repeal of Town Ordinance No.
2002-40 P&Z relating to Tree Preservation and Removal in its entirety, and
adopting new provisions for Tree Preservation and Removal.
EXPLANATION: The following ordinance is a minor revision to the Town’s existing Tree
Preservation and Removal Ordinance. Through its application, Town staff identified areas that
need to be strengthened to ensure applicability to all real property within the Town limits, while
excluding developed single-family and multi family residential property. The Applicability
section of 8.3 has been revised and Section 8.11 has been added pertaining to Land Disturbing
Activities. The Tree Board has already seen the revision to the Ordinance and they have no
additional changes. The Planning & Zoning Commission reviewed this item at their 27 April
2005 meeting, and unanimously recommended approval to the Town Council.
Backup includes two versions of the ordinance, one in legislative format and the second in final
form.
(kcf)
Attachments: 1. Information Memorandum
2. Ordinance
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2002-40 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ORDINANCE NO. 20012-30 40 P&Z OF THE TOWN
WHICH REPEALED AMENDED ORDINANCE 2001-21 30 P&Z,
GOVERNING AND REGULATING THE PLATTING AND SUBDIVISION
OF LAND WITHIN AND WITHOUT THE CORPORATE LIMITS OF
THE TOWN OF TROPHY CLUB BY ADDING ARTICLE 8, “TREE
PRESERVATION AND REMOVAL”; AND ADOPTING A NEW
ORDINANCE AMENDING ORDINANCE 2001-21 P&Z, GOVERNING
AND REGULATING THE PLATTING AND SUBDIVISION OF LAND
WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE TOWN
OF TROPHY CLUB BY ADOPTING A NEW ARTICLE 8 “TREE
PRESERVATION AND REMOVAL”, BY REVISING SUBSECTION 2,
ENTITLED “APPLICABILITY” OF SECTION 8.3 “TREE
PRESERVATION”, AND BY ADDING A NEW SECTION 8.11
ENTITLED “LAND DISTURBING ACTIVITIES” BY INCLUDING
CRITERIA FOR PERMIT AND APPROVAL REQUIREMENTS,
EXCEPTIONS, GENERAL REGULATION STANDARDS AND SITE
EVALUATION CRITERIA AND; PROVIDING DEFINITIONS;
ESTABLISHING PROVISIONS FOR A TREE BOARD; PROVIDING
TREE PRESERVATION; PROVIDING FOR INFORMATIONAL
ASSISTANCE; PROVIDING FOR PROTECTED TREES; PROVIDING A
PROTECTED TREE LIST; PROVIDING FOR SPECIMEN TREES;
PROVIDING FOR MAJESTIC OR HISTORIC TREES; PROVIDING FOR
TREE REMOVAL AND REPLACEMENT; PROVIDING AN APPROVED
TREE PLANTING AND REPLACEMENT LIST; PROVIDING AN
APPROVED MEDIAN AND RIGHT-OF-WAY TREE PLANTING LIST;
PROVIDING FOR TREE PROTECTION MEASURES; REQUIRING
TREE PERMITS FOR REPLANTING AND REMOVAL; PROVIDING AN
APPEAL PROCESS; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas, 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 and without the corporate
limits of the Town; and
WHEREAS, on December 172, 20012, the Town adopted Ordinance No. 20012-340
P&Z, which amended Ordinance No. 2001-21 P&Z, governing and regulating the platting and
subdivision of land within and without the corporate limits of the Town of Trophy Club by
adding revising Article 8, theentitled “Tree Preservation and Removal” Ordinance in order to
designate duties of the Tree Board, the requirement to adopt provisions for the annual
development of a written plan, in conjunction with the Town’s Superintendent, for the care,
preservation, trimming, planting, replanting, removal, or disposition of trees and shrubs in public
ways, streets, alleys, and parks; and
WHEREAS, on September 17, 2001, the Town adopted Ordinance No. 2001-21 P&Z,
governing and regulating the platting and subdivision of land within and without the corporate
limits of the Town of Trophy Club, (“hereinafter Subdivision Regulations”);
WHEREAS, subsequent to the approval of Ordinance No. 2001-30 P&Z, the Town
determined it necessary to add to the duties of the Tree Board, the requirement to adopt
provisions for the annual development of a written plan, in conjunction with the Town’s
Superintendent, for the care, preservation, trimming, planting, replanting, removal, or disposition
of trees and shrubs in public ways, streets, alleys, and parks;
WHEREAS, due to recent events within the Town specifically relating to land disturbing
activities which have caused concern about the preservation of trees at a pre-development phase,
Town staff has recommended an update to Article 8 of the Subdivision Regulations, Town
Ordinance No. 2002-40 P&Z by revising subsection 2, entitled “Applicability” of Section 8.3
“Tree Preservation”, and by adding a new section 8.11 entitled “Land Disturbing Activities” by
including criteria for Permit and Approval Requirements, Exceptions, General Regulation
Standards and Site Evaluation Criteria and;
WHEREAS, the adoption of such provisions has been reviewed by Town’s Planning and
Zoning Commission, which recommends approval of such provisions; and through this
ordinance adding item “f” to Subsection 8 “Duties and Responsibilities” of section 8.2, Tree
Board of Article 8 of the Town’s Subdivision Regulations;
WHEREAS, the Town Council now deems it necessary for the safe, orderly, and
healthful development of the Town and in the best interest of the Town of Trophy Club, Texas,
to adopt this Ordinance by repealing and replacing Ordinance No. 20012-340 P&Z.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
AMENDMENT; TREE PRESERVATION AND REMOVAL
Ordinance No. 20012-340 P&Z of the Town of Trophy Club, Texas, the same governing
and regulating the development, platting, and subdivision of land within and without the
corporate limits of the Town, is hereby repealed and replaced by adding revising Subsection item
f2. of to Section 8.32 of Article 8 and by adding in its entirety Section 8.11, and all other
articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are
hereby ratified and affirmed. Article 8 is hereby added in its entirety as follows:
ARTICLE 8
TREE PRESERVATION AND REMOVAL
SECTION 8.1 DEFINITIONS
“Buildable Area” shall mean 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,
driveway, parking lot, pool, and other construction as shown on a site plan.
“Canopy” shall mean any high covering limbs and/or leaves hanging over or creating shelter
under the tree’s foliage.
“Community Development Manager or Director” shall mean the Community Development
Manager of the Town of Trophy Club Texas, or his or her designee.
“Crown” shall mean the top, upper, or highest portion of a tree, including the leaves and living
branches.
“Developer” shall mean any individual, partnership, firm, association, joint venture,
organization, corporation, builder, construction company or governmental entity.
“Drip Line” shall mean the area directly under the canopy or shelter area created by the canopy.
“Historic Tree” shall have the meaning assigned in Section 8.7 of this Ordinance.
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,
storm water 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 8.7 of this Ordinance.
“Original Construction” shall mean initial construction.
“Person” shall mean an individual, corporation, firm, partnership, association, company, joint
venture, organization or other legal entity, other than the Town of Trophy Club, the Municipal
Utility District 1 or the Municipal Utility District 2.
“Protected Tree” shall have the meaning assigned in Section 8.5 of this Ordinance.
“Specimen Trees” shall have the meaning assigned in Section 8.6 of this Ordinance.
SECTION 8.2 TREE BOARD
1. Creation and Establishment of a Town Tree Board: There is hereby created and
established a Town Tree Board for the Town of Trophy Club, Texas which shall
consist of five (5) regular members, each to be appointed by a majority of the Town
Council.
2. Term of Membership: Members of the Tree Board shall be appointed by the Town
Council for a two (2) year term, but serve at the pleasure of and subject to removal
and re-appointment by the Town Council. Two (2) members shall be appointed to
serve one (1) year terms for the first year of the Tree Board; and three (3) members
shall be appointed to serve a two (2) year term. All successive terms shall be served
on the basis of two (2) year terms for all members. In the event that a vacancy
occurs on the Tree Board, the Town Council will appoint a new member to complete
the un-expired term. A member ceasing to reside in the Town of Trophy Club, or
elected to public office during his/her term of office shall immediately forfeit his/her
membership.
3. Resident of Trophy Club: Each member of the Tree Board shall be a resident of the
Town of Trophy Club at the time of his/her appointment.
4. Officers: The Tree Board shall select from among its regular members, a chairman, and
an acting chairman to act in the absence of the chairman, and a secretary.
5. Meetings: All meetings of the Tree Board shall be open to the public. The Tree Board
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 record of its
examinations and others official actions, all of which shall be filed the office of the
Community Development Manager or authorized designee and shall be a public record.
The Community Development Managerr of the Town of Trophy Club shall be the
custodian and processor of the records and minutes of the Tree Board. (change all
references back)
Meetings of the Tree Board may be held as often as necessary to conduct the business
coming before the Board and shall be held at the call of the Chairman and at other such
times as a majority of the Board may determine.
6. Compensation: Members of the Board shall be volunteers and shall serve without
compensation.
7. Attendance: Three (3) consecutive absences that are not excused by the Board, or
the absence of a regular member from more than twenty-five (25) percent of the
posted meetings in any twelve (12) month period, shall cause the Tree Board to
review the attendance record of the member and make a recommendation to the
Town Council on continued service and reappointment.
8. Duties and Responsibilities: It shall be the responsibility of the Tree Board to:
a. Determine cash value for a tree replacement;
b. Designate Protected, Specimen, Historical, and Majestic trees, as defined herein;
c. Develop and approve tree lists;
d. Inform and develop an informational tree pamphlet; and
e. Hear appeals.
f. Annually develop a written plan, in conjunction with the Town’s Landscape
Superintendent, 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 of Trophy Club. The Town’s Landscape Superintendent shall be
charged with carrying out the plan.
SECTION 8.3 TREE PRESERVATION
1. Intent: The removal or replanting of any protected trees (specifically, Protected,
Specimen, Majestic or Historic Trees, as defined in this Ordinance) requires a Tree
Removal Permit or a Tree Replanting Permit, as the case may be, in accordance with the
terms and provisions hereof. The terms and provisions of this Ordinance allow trees
located within necessary public rights-of-way, easements, and the buildable area of a
building lot or site where the lot or site is less than one (1) acre in size to be removed
without a Tree Removal Permit and prior to the issuance of a building permit. It is
provided, however, that where a building lot or site is one (1) acre in size or larger, 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.
2. 2. Applicability: The purpose of this Ordinance 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 purpose of this Ordinance is to regulate
undeveloped and vacant real property as a developer or land owner proceeds through the
platting, subdivision and development process. Except as otherwise specifically provided
herein, this Ordinance shall not apply to the subsequent owners or lessees of property
after the platting, subdivision process and original construction process until receipt of a
certificate of occupancy has been completed. Except as otherwise provided herein, the
terms and provisions of this Ordinance shall apply to the real property Except as
otherwise provided herein, the terms and provisions of this Ordinance shall apply to real
property within the Town’s limits and upon:The terms and provisions of this
SectionOrdinance shall apply to all real property within the Town’s corporate limits
which is one (1) acre or greater in size and which meets one or more of the following
criteria:
a. aAll 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; within the Town’s corporate limits ; as follows:
a. All real property upon which any Protected, Specimen, Majestic, or Historic Tree
is located, excluding developed single-family and two family residential property.
which is vacant or undeveloped at the time of passage of this ordinance.
b. All vacant and undeveloped real property; and
cb. All platted real property which is re-platted, re-subdivided or for which
additional subdivision occurs. real property to be subdivided or re-subdivided,
including record plats and replats.
The terms and provisions of this Ordinance shall not apply to The yard areas of all
developed property, excluding ddeveloped single family and two-family residential
property.
3. Exceptions: Under the following circumstances, a tree removal permit is not required:
a. 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 Community
Development Manager 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 ordinance.
b. During the period of an emergency, such as a tornado, storm, flood or other act of
God, the requirements of this Ordinance may be waived as deemed necessary by
the Town Manager or Community Development Manager.
c. 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.
d. 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.
e. 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 waste water 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.
f. The terms and provisions of this Ordinance 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 Ordinance, or to any development, subdivision or re-subdivision 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 Ordinance.
g. All easements and rights-of-way included on a record plat approved by the
Town and filed in the plat records of the County.
SECTION 8.4 INFORMATIONAL ASSISTANCE
1. In furtherance of the purpose and provisions hereof, the Town’s Tree 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.
2. The Community Development Manager or authorized 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.
3. 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 Community Development
Manager or authorized 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.
SECTION 8.5 PROTECTED TREES
1. Designation of Protected Trees: A “Protected Tree” shall be any existing living tree of a
species or type listed on the Town of Trophy Club Protected Tree List and that has or
possesses each of the following characteristics or criteria:
a. 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 (½) 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
b. 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 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 (10’) feet 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 driveways, parking areas, pools, tennis courts and
accessory buildings, including sufficient adjacent area to allow the normal
operation of construction equipment.
2. 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 subdivision
construction plans as necessary to be removed to comply with EPA storm water
permitting requirements or FHA lot grading plans.
3. Approved Tree List:
a. General: The tree species lists contained herein have been developed and will be
periodically updated by the Town’s Tree Board (created and established) and
shall be maintained as guides for the identification and selection of tree species
that meet the various standards and requirements of this Ordinance. 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, adaptability to various landscape conditions, resistance to drought,
aesthetic qualities, shade provision, windbreak provision, and screening qualities.
b. Protected Tree List: Only those tree species found on the following list shall be
subject to the preservation, protection and replanting requirements of this
Ordinance.
Protected Tree List
Common Name Scientific Name
Bald Cypress (Taxodium Distichum)
Black Walnut (Juglans Nigra)
Blackjack Oak (Quercus Marilandica)
Bur Oak (Quercus Macrocarpa)
Carolina Buckthorn (Rhamnus Caroliniana)
Chinese Pistache (Pistachia Chinensis)
Chinkapin Oak (Quercus Muehlenbergii)
Chittamwood (Bumelia Languinosa)
Common Persimmon Diospyros Virginiana)
Escarpment Live Oak (Quercus Fusiformis)
Lacebark Elm (Ulmus Parvifolia)
Magnolia (Magnolia Grandiflora)
Mexican Plum (Prunus Mexicana)
Pecans And Hickories (Carya Species)
Pines (Pinus Species)
Possum Ha (Ilex Decidua)
Post Oak (Quercus Stellata)
Redbuds (Cercis Species)
Sawtooth Oak (Quercus Acutissima)
Shumard Oak (Quercus Shumardi)
Southern Live Oak (Quercus Virginiana)
Texas Red Oak (Quercus Texana)
Water Oak (Quercus Nigra)
Western Soapberry (Sapindus Drummondii)
Yaupon Holly (Ilex Vomitoria)
4. 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 of Trophy Club without first obtaining a Tree
Replanting Permit.
5. 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.
6. 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 of Trophy Club without first
obtaining a Tree Replanting Permit, shall be deemed guilty of a misdemeanor and,
upon conviction thereof, shall be punished as provided below.
SECTION 8.6 SPECIMEN TREES
1. Designation of Specimen Trees: Specimen Trees shall be designated according to the
following provisions:
a. 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 Department of the
Community Development. On a going forward basis (as land is platted) a listing
and map of all designated Specimen Trees shall be maintained and updated by
the Community Development Manager or authorized designee and made available
to the public upon request. Notwithstanding the foregoing, the trees listed below
shall be considered Specimen Trees in accordance with the following schedule:
Type of Tree % of Big Tree Registry
Any tree not listed on the
Protected Tree List in 75%
Section (1.4) herein
SECTION 8.7 MAJESTIC OR HISTORIC TREES
1. Designation of Majestic or Historic Trees: Majestic or Historic trees shall be designated
according to the following provisions:
a. 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 Department of Community Development. A listing
and map of all designated Majestic Trees shall be maintained and updated by the
Community Development Manager or authorized designee and made available to
the public upon request.
b. Historic Tree: Upon recommendation by the Tree 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 of Trophy Club 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 Community Development Manager or authorized
designee and made available to the public upon request.
SECTION 8.8 TREE REMOVAL AND REPLACEMENT
1. 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 of Trophy Club without first
obtaining a Tree Removal Permit, unless otherwise exempted by the terms of this
Ordinance.
2. Permit Required: Protected, Specimen, Historic or Majestic Trees shall not be removed
prior to the issuance of a Tree Removal Permit. Under no circumstances shall the clear-
cutting of trees on any real property within the Town of Trophy Club be allowed prior to
the issuance of a Tree Removal Permit for such property.
3. Replacement Trees Required: It shall be the responsibility of any person obtaining a Tree
Removal Permit for any tree to provide replacement according to the following criteria:
a. Protected Trees:
Replace with tree(s) having a total caliper width equivalent to one and one-half
(1½) times that of the trees to be removed.
Specimen Trees:
Replace with tree(s) having a total caliper width equivalent to two (2) times that
of the trees to be removed.
Historic or Majestic Trees:
Replace with tree(s) having a total caliper width equivalent to two and one-half
(2½) 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”).
b. Such replacement trees shall be container-grown and have a minimum caliper
width of two and one-half inches to three inches (2½” to 3”), measured at one foot
(1”) above ground level. Alternatively, container-grown replacement trees may
have a minimum caliper width of four inches (4”) measured at one foot (1”) above
ground level. In any event, replacement trees shall have a minimum height of at
least six feet (6’).
c. At the discretion of the Community Development Manager or authorized
designee, money may be paid to the Town of Trophy Club instead of providing
the replacement trees required by this Ordinance. Any such payments shall be
deposited in a special account or fund and used by the Town of Trophy Club to
provide and/or support supplemental landscape plantings in public areas of
Trophy Club 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
Tree Board. The Community Development Manager or authorized designee shall
maintain a record of the current per-caliper-inch cash value of replacement trees.
4. Acts Specifically Prohibited: The following acts are prohibited:
a. It shall be unlawful for a person to violate any provision of this Ordinance.
b. It shall be unlawful for any person to remove or cause to be removed from real
property subject to this Ordinance a Protected, Specimen, Historic or Majestic
tree without first obtaining a Tree Removal Permit.
c. It shall also be a unlawful for a person to allow or to cause a tree to be injured as a
result of a failure to follow or require the use of tree protection measures specified
herein such that the tree dies or may reasonably be expected to die.
5. Replacement Required Upon Conviction of Offense: If a person fails to obtain a
Tree Removal Permit as required by this ordinance, 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:
Protected Trees: five (5) times that of the removed tree(s).
Specimen Trees: ten (10) times that of the removed tree(s).
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 (2½” 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’),
6. 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 Ordinance.
Approved Tree Planting & Replacement List
Tree Size Common Name Scientific Name
Large Southern Live Oak (Quercű Virginiana)
Large Escarpment Live Oak (Quercus Fusiformis)
Large Shumard Oak (Quercus Shumardi)
Large Chinkapin Oak (Quercus Muehlenbergii)
Large Bur Oak (Quercus Macrocarpa)
Large Texas Red Oak Quercus Texana)
Large Bald Cypress (Taxodium Distichum)
Large Pecans And Hickories (Carya Species)
Medium Chinese Pistache (Pistachia Chinensis)
Medium Eldarica Pine (Pinus Eldarica)
Medium Leyland Cypress (Cupressociyparis Leylandi)
Large Magnolia (Magnolia Grandiflora)
7. 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 Tree Board upon
necessity and good cause shown.
Approved Median and ROW Tree Planting List
Tree Size Common Name Scientific Name
Large Bald Cypress (Taxodium Distichum)
Large Bur Oak (Quercus Macrocarpa)
Medium Chinese Pistache (Pistachia Chinensis)
Large Chinkapin Oak (Quercus Muehlenbergii)
Medium Crepe Myrtle (Lagerstroemia Indica)
Large Escarpment Live Oak (Quercus Fusiformis)
Medium Fruitless Crabapples (Maluś Species)
Medium Holly (Ilex Species)
Large Lacebark Elm (Ulmus Parvifolia)
Large Magnolia (Magnolia Grandiflora)
Large Native Pecan (Carya Species)
Small Possum Haw (Ilex Decidu)
Small Redbuds/Whitebuds (Cercis Species)
Large Sawtooth Oak (Quercus Acutissima)
Large Shumard Oak (Quercus Shumardi)
Large Southern Live Oak (Quercus Virginiana)
Large Texas Red Oak (Quercus Texana)
Medium Wax Myrtle (Myrica Cerifera)
Large Winged Elm (Ulmus Alata)
Small Yaupon Holly (Ilex Vomitoria)
I. Spacing: The spacing of trees located in the rights-of-way will be in accordance
with the species size classes. No trees may be planted closer together than the
following:
Small Trees Thirty (30) feet
Medium Trees Forty (40) feet
Large Trees Fifty (50) feet
except pursuant to an alternative plan designed by a landscape architect, arborist
or degreed horticulturist and approved by the Town Tree Board.
9. Distance from Curb/Sidewalk: The distance trees may be planted from curbs, curb
lines and/or sidewalks shall be in accordance with the three species size classes.
Trees may not be planted closer to any curb or sidewalk than the following:
Small Trees Two (2) feet
Medium Trees Three (3) feet
Large Trees Four (4) feet
10. Distance from Street Corner and Fireplugs: No tree shall be planted closer than
thirty-five (35’) feet 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 (10’) feet of any fireplug.
11. Utilities: No trees other than small species may be planted under or within 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.
12. 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.
13. 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 Community Development Manager, 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 Ordinance.
14. 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.
SECTION 8.9 TREE PROTECTION MEASURES
1. The following tree protection measures shall be required:
a. Prior to construction or 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.
b. Prior to construction or 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.
c. 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.
d. 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.
e. 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.
f. Unless otherwise approved by the Community Development Manager or the
Town Tree 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 pave-stone or other permeable materials.
g. Any trees removed during land development, construction, or construction-related
activities shall be chipped or hauled off-site. Burning of removed trees is
prohibited.
SECTION 8.10 TREE PERMITS
1. Tree Replanting Permit: Tree replanting permits shall be subject to the following
procedures.
a. 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 or record plat or a building permit. Tree Replanting
Permits must be obtained by making application to the Town’s Community
Development 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) copies of a legible site or plot plan,
drawn to the largest practicable scale, indicating the following minimum
information:
1) 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.
2) 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.
3) The information required herein may be summarized in legend form on the
site or plot plan.
b. Review of Application for Tree Replanting Permit: Upon receipt of a proper
application for a Tree Replanting Permit, the Community Development Manager
or authorized 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’s Community Development Manager or authorized 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 Community Development Manager. A denial of
an Application for Tree Replanting Permit by the Community Development
Manager or authorized designee may be appealed to the Tree Board. The decision
of the Tree Board may be appealed to the Town Council as provided in Section
(b)(3) of Section 1.9 of this Ordinance, the decision of which relative to such
permit application is final.
2. Tree Removal Permit: Tree Removal Permits shall be subject to the following
procedures:
a. Application for Tree Removal Permit: Tree Removal Permits for the removal of
Protected, Specimen, Majestic and Historic Trees in conjunction with the
development, subdivision and/or re-subdivision of real property must be obtained
by making application to the Town’s Community Development Manager or
authorized 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:
1) 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 (½)
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.
2) 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.
3) 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.
4) 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.
5) 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.
6) 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.
7) 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.
8) Each tree shall be identified by numerical reference on the Tree Survey.
9) 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.
10) 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 specie(s) of any
trees.
11) 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:
a) 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;
b) The sign(s) shall be mounted on stakes/poles;
c) The sign(s) shall be visible from the street;
d) There shall be one (1) sign for each street frontage; and
e) 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
b. 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 Community Development Manager or authorized 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.
1) 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
Ordinance shall be approved without the approval of a Tree Removal
Permit.
2) The Community Development Manager or authorized 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 Community
Development Manager or designee may be made to the Tree Board.
3) The Tree 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 Tree Board only upon a finding
that the subject development, subdivision or re-subdivision cannot
reasonably be developed, based on economic and/or practical
considerations, without removal of the tree or trees included in the permit
application.
4) Approval for a Tree Removal Permit authorizing the removal of a Historic
or Majestic Tree shall require a three-fourths (¾) majority vote of the Tree
Board and the Town Council, respectively.
SECTION 8.11 LAND DISTURBING ACTIVITIES
a) Approval and Permit Required: No pPerson, corporation, or other
legal entity 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 Clearing
and grading activity shall be limitedconfined to the interior limits
of the grading area identified on thean approved grading plan. A
clearing and grading permit is required in the tTown.
2. Exceptions: It shall be an exception to the permit requirement of this Section that a
person is engaging in one or more of the following activities:
a. Land Disturbing Activities or other land disturbing activitiesin emergency
situations involving immediate danger to life and property or substantial fire
hazards;
b. Land Disturbing Activities of one (1) acre or less on a single lot, under one
ownership, for the purpose of construction, landscaping and/or associated
improvements for a dsingle-family residence to be constructed as indicated on the
site plan submitted to the Director of Community Development with an approved
application for a building permit;
c. 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 Parks and Recreation Director;
d. Land Disturbing Activities practices or other land disturbing activities associated with
and necessary to conduct normal agricultural crop operations on a property,
excluding timber cutting.
3. Standards:
a. General Regulations:
1) The g Land Disturbing ActivitiesG operations and other land disturbing
activities shallwill not create or contribute to landslides, accelerated soil creep,
and/or settlement.
2) The g Land Disturbing ActivitiesG operations willshall not create or
contribute to flooding, erosion, or increased siltation or other forms of
pollution in a watercourse.
3) Land Disturbing Activities and other land disturbing activities 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
4) Debris shall be removed from cleared sites within six (6) months of the
operations completion date.
b. Cut and Fills:
5) Slopes greater than three (3) feet in height shall be no steeper than three (3)
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.
6) All topsoil removed during ground surface preparation shall be stockpiled on
the site and stabilized within fourteen (14) days.
7) When the owner of any parcel shall raises , lowers, or alters the level or
existing grade of a site by fill or excavation, he or she they shall, at their
expense, take all steps necessary to ensure compliance with the following:
a) Take or cause to be taken all actions necessary to Pprotect 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
retaining wall or by sloping the sides of such fill or excavation either
within the confines of the site; and
b) When engaging in land disturbing activities, including but not limited to,
cut and fill, such person Cuts and fill shall not alter or otherwise
compromise the intent or use of existing drainage and utility easements as
originally designed and approved by the Town.
c. Establishing Ground Cover: A temporary ground cover shall be established on all
graded or disturbed areas not intended to be developed within thirty (30) days of
completion of Land Disturbing Activity.__________
3. Grading Plan Evaluation Criteria: When evaluating a Plan, the Director shall review the
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 used, including protection
of natural swales and drainage areas. Severely eroded areas are stabilized.
b. Mass cutting, filling and benching or terracing of existing slopes to create
additional or larger building sites are prohibited; therefore, the Plan shall not
include or propose any such activity. The Plan provides for the use of
Aalternative treatments, including but not limited to such as building the
structure with slopes of the natural terrain, the use of internal or external building
retaining walls, are used, and the use of low retaining walls on the site to reduce
site grading. Mass site grading is prohibited. are used instead of mass site
grading.
c. The Plan includes all information necessary for the Director of Community
Development?? to determine Demonstrates that the project will result in the
reasonable preservation of trees under the standards set forth in Section 8.5 of this
Ordinance and the requirements of this Section.
d. 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.
e. The Plan shall include all information necessary for the Director of Community
Development??? to determine that it provides for the Demonstrates reasonable
preservation of trees and understory, and that the following criteria is has been
met regarding the demonstrated in selection of trees to be preserved or removed.
When making such determination, the Director shall consider all relevant factors,
including but not limited to the following:
1) Proximity of the trees critical root zone or drip line to proposed grading
activity.
2) That all necessary and appropriate Ppermanent tree protection methods are are
employed to protect the preserved tree from damage where the tree’s critical
root zone may be impacted.
3) Other remedial or protective measures have been employed, including site
design, that improves the chances for tree survival.
4) Temporary tree protection methods are adequately employed.
5) 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 zone, tree walls, or tree wells.
6) Utility trenching activities are indicated on the plan.
SECTION 3.
CUMULATIVE
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the
provisions of such Ordinances except for those instances where there are direct conflicts with the
provisions of this Ordinance; provided, however, that Ordinance No. 2002-40 P&Z is hereby
repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that
are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent
with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to Ordinance No. 2002-40 P&Z on the date of
adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance
and for that purpose the Ordinance shall remain in full force and effect.That this Ordinance shall
be cumulative of all other Ordinances and shall not repeal any of the provisions of such
Ordinances except for those instances where there are direct conflicts with the provisions of this
Ordinance. Ordinances, or parts thereof, in force at the time this Ordinance shall take effect and
that are inconsistent with this Ordinance are hereby repealed to the extent that they are
inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit
which has been initiated or has arisen under or pursuant to such other Ordinances on the date of
adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance
and for that purpose the Ordinance shall remain in full force and effect.
SECTION 4.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas are expressly saved as to any
and all violations of the provisions of any other Ordinance affecting land disturbing activities,
the preservation of trees, and the regulation of the subdivision of land which have secured at the
time of the effective date of this Ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such Ordinances same
shall not be affected by this Ordinance but may be prosecuted until final disposition by the
courts.
SECTION 5.
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 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction,
in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the Caption, Penalty, and Effective Date in the minutes of the Town
Council of the Town of Trophy Club and by filing this Ordinance in the ordinance records of the
Town.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this the 2nd _______ day of December____________, 20025.
_______________________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_____________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_____________________________________
Town Attorney
Town of Trophy Club, Texas
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2002-40 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ORDINANCE NO. 2002-40 P&Z OF THE TOWN WHICH
REPEALED ORDINANCE 2001-30 P&Z; AND ADOPTING A NEW
ARTICLE 8 “TREE PRESERVATION AND REMOVAL”, BY REVISING
SUBSECTION 2, ENTITLED “APPLICABILITY” OF SECTION 8.3
“TREE PRESERVATION”, AND BY ADDING A NEW SECTION 8.11
ENTITLED “LAND DISTURBING ACTIVITIES” BY INCLUDING
CRITERIA FOR PERMIT AND APPROVAL REQUIREMENTS,
EXCEPTIONS, GENERAL REGULATION STANDARDS AND SITE
EVALUATION CRITERIA AND; PROVIDING DEFINITIONS;
ESTABLISHING PROVISIONS FOR A TREE BOARD; PROVIDING
TREE PRESERVATION; PROVIDING FOR INFORMATIONAL
ASSISTANCE; PROVIDING FOR PROTECTED TREES; PROVIDING A
PROTECTED TREE LIST; PROVIDING FOR SPECIMEN TREES;
PROVIDING FOR MAJESTIC OR HISTORIC TREES; PROVIDING FOR
TREE REMOVAL AND REPLACEMENT; PROVIDING AN APPROVED
TREE PLANTING AND REPLACEMENT LIST; PROVIDING AN
APPROVED MEDIAN AND RIGHT-OF-WAY TREE PLANTING LIST;
PROVIDING FOR TREE PROTECTION MEASURES; REQUIRING
TREE PERMITS FOR REPLANTING AND REMOVAL; PROVIDING AN
APPEAL PROCESS; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas, 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 and without the corporate
limits of the Town; and
WHEREAS, on December 2, 2002, the Town adopted Ordinance No. 2002-40 P&Z,
governing and regulating the platting and subdivision of land within and without the corporate
limits of the Town of Trophy Club by revising Article 8, entitled “Tree Preservation and
Removal” in order to designate duties of the Tree Board, the requirement to adopt provisions for
the annual development of a written plan, in conjunction with the Town’s Superintendent, for the
care, preservation, trimming, planting, replanting, removal, or disposition of trees and shrubs in
public ways, streets, alleys, and parks; and
WHEREAS, due to recent events within the Town specifically relating to land disturbing
activities which have caused concern about the preservation of trees at a pre-development phase,
Town staff has recommended an update to Article 8 of the Subdivision Regulations, Town
Ordinance No. 2002-40 P&Z by revising subsection 2, entitled “Applicability” of Section 8.3
“Tree Preservation”, and by adding a new section 8.11 entitled “Land Disturbing Activities” by
including criteria for Permit and Approval Requirements, Exceptions, General Regulation
Standards and Site Evaluation Criteria and;
WHEREAS, the adoption of such provisions has been reviewed by Town’s Planning and
Zoning Commission, which recommends approval of such provisions; and
WHEREAS, the Town Council now deems it necessary for the safe, orderly, and
healthful development of the Town and in the best interest of the Town of Trophy Club, Texas,
to adopt this Ordinance by repealing and replacing Ordinance No. 2002-40 P&Z.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for all purposes.
SECTION 2.
AMENDMENT; TREE PRESERVATION AND REMOVAL
Ordinance No. 2002-40 P&Z of the Town of Trophy Club, Texas, the same governing
and regulating the development, platting, and subdivision of land within and without the
corporate limits of the Town, is hereby repealed and replaced by revising Subsection 2 of
Section 8.3 of Article 8 and by adding in its entirety Section 8.11, and all other articles, chapters,
sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and
affirmed.
ARTICLE 8
TREE PRESERVATION AND REMOVAL
SECTION 8.1 DEFINITIONS
“Buildable Area” shall mean 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,
driveway, parking lot, pool, and other construction as shown on a site plan.
“Canopy” shall mean any high covering limbs and/or leaves hanging over or creating shelter
under the tree’s foliage.
“Community Development Manager or Director” shall mean the Community Development
Manager of the Town of Trophy Club Texas, or his or her designee.
“Crown” shall mean the top, upper, or highest portion of a tree, including the leaves and living
branches.
“Developer” shall mean any individual, partnership, firm, association, joint venture,
organization, corporation, builder, construction company or governmental entity.
“Drip Line” shall mean the area directly under the canopy or shelter area created by the canopy.
“Historic Tree” shall have the meaning assigned in Section 8.7 of this Ordinance.
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,
storm water 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 8.7 of this Ordinance.
“Original Construction” shall mean initial construction.
“Person” shall mean an individual, corporation, firm, partnership, association, company, joint
venture, organization or other legal entity, other than the Town of Trophy Club, the Municipal
Utility District 1 or the Municipal Utility District 2.
“Protected Tree” shall have the meaning assigned in Section 8.5 of this Ordinance.
“Specimen Trees” shall have the meaning assigned in Section 8.6 of this Ordinance.
SECTION 8.2 TREE BOARD
1. Creation and Establishment of a Town Tree Board: There is hereby created and
established a Town Tree Board for the Town of Trophy Club, Texas which shall
consist of five (5) regular members, each to be appointed by a majority of the Town
Council.
2. Term of Membership: Members of the Tree Board shall be appointed by the Town
Council for a two (2) year term, but serve at the pleasure of and subject to removal
and re-appointment by the Town Council. Two (2) members shall be appointed to
serve one (1) year terms for the first year of the Tree Board; and three (3) members
shall be appointed to serve a two (2) year term. All successive terms shall be served
on the basis of two (2) year terms for all members. In the event that a vacancy
occurs on the Tree Board, the Town Council will appoint a new member to complete
the un-expired term. A member ceasing to reside in the Town of Trophy Club, or
elected to public office during his/her term of office shall immediately forfeit his/her
membership.
3. Resident of Trophy Club: Each member of the Tree Board shall be a resident of the
Town of Trophy Club at the time of his/her appointment.
4. Officers: The Tree Board shall select from among its regular members, a chairman, and
an acting chairman to act in the absence of the chairman, and a secretary.
5. Meetings: All meetings of the Tree Board shall be open to the public. The Tree Board
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 record of its
examinations and others official actions, all of which shall be filed the office of the
Community Development Manager or authorized designee and shall be a public record.
The Community Development Manager of the Town of Trophy Club shall be the
custodian and processor of the records and minutes of the Tree Board.
Meetings of the Tree Board may be held as often as necessary to conduct the business
coming before the Board and shall be held at the call of the Chairman and at other such
times as a majority of the Board may determine.
6. Compensation: Members of the Board shall be volunteers and shall serve without
compensation.
7. Attendance: Three (3) consecutive absences that are not excused by the Board, or
the absence of a regular member from more than twenty-five (25) percent of the
posted meetings in any twelve (12) month period, shall cause the Tree Board to
review the attendance record of the member and make a recommendation to the
Town Council on continued service and reappointment.
8. Duties and Responsibilities: It shall be the responsibility of the Tree Board to:
a. Determine cash value for a tree replacement;
b. Designate Protected, Specimen, Historical, and Majestic trees, as defined herein;
c. Develop and approve tree lists;
d. Inform and develop an informational tree pamphlet; and
e. Hear appeals.
f. Annually develop a written plan, in conjunction with the Town’s Landscape
Superintendent, 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 of Trophy Club. The Town’s Landscape Superintendent shall be
charged with carrying out the plan.
SECTION 8.3 TREE PRESERVATION
1. Intent: The removal or replanting of any protected trees (specifically, Protected,
Specimen, Majestic or Historic Trees, as defined in this Ordinance) requires a Tree
Removal Permit or a Tree Replanting Permit, as the case may be, in accordance with the
terms and provisions hereof. The terms and provisions of this Ordinance allow trees
located within necessary public rights-of-way, easements, and the buildable area of a
building lot or site where the lot or site is less than one (1) acre in size to be removed
without a Tree Removal Permit and prior to the issuance of a building permit. It is
provided, however, that where a building lot or site is one (1) acre in size or larger, 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.
2. Applicability: The purpose of this Ordinance 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 Ordinance shall apply to all real property within the Town’s corporate limits
which is one (1) acre or greater in size and which meets one or more of the following
criteria:
a. 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;
b. All platted real property which is re-platted, re-subdivided or for which additional
subdivision occurs.
The terms and provisions of this Ordinance shall not apply to developed single family
and two-family residential property.
3. Exceptions: Under the following circumstances, a tree removal permit is not required:
a. 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 Community
Development Manager 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 ordinance.
b. During the period of an emergency, such as a tornado, storm, flood or other
act of God, the requirements of this Ordinance may be waived as deemed
necessary by the Town Manager or Community Development Manager.
c. 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.
d. 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.
e. 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 waste water 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.
f. The terms and provisions of this Ordinance 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 Ordinance, or to any development, subdivision or re-subdivision 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 Ordinance.
g. All easements and rights-of-way included on a record plat approved by the
Town and filed in the plat records of the County.
SECTION 8.4 INFORMATIONAL ASSISTANCE
1. In furtherance of the purpose and provisions hereof, the Town’s Tree 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.
2. The Community Development Manager or authorized 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.
3. 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 Community Development
Manager or authorized 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.
SECTION 8.5 PROTECTED TREES
1. Designation of Protected Trees: A “Protected Tree” shall be any existing living tree of a
species or type listed on the Town of Trophy Club Protected Tree List and that has or
possesses each of the following characteristics or criteria:
a. 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 (½) 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
b. 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 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 (10’) feet 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 driveways, parking areas, pools, tennis courts and
accessory buildings, including sufficient adjacent area to allow the normal
operation of construction equipment.
2. 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 subdivision
construction plans as necessary to be removed to comply with EPA storm water
permitting requirements or FHA lot grading plans.
3. Approved Tree List:
a. General: The tree species lists contained herein have been developed and will be
periodically updated by the Town’s Tree Board (created and established) and
shall be maintained as guides for the identification and selection of tree species
that meet the various standards and requirements of this Ordinance. 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, adaptability to various landscape conditions, resistance to drought,
aesthetic qualities, shade provision, windbreak provision, and screening qualities.
b. Protected Tree List: Only those tree species found on the following list shall be
subject to the preservation, protection and replanting requirements of this
Ordinance.
Protected Tree List
Common Name Scientific Name
Bald Cypress (Taxodium Distichum)
Black Walnut (Juglans Nigra)
Blackjack Oak (Quercus Marilandica)
Bur Oak (Quercus Macrocarpa)
Carolina Buckthorn (Rhamnus Caroliniana)
Chinese Pistache (Pistachia Chinensis)
Chinkapin Oak (Quercus Muehlenbergii)
Chittamwood (Bumelia Languinosa)
Common Persimmon Diospyros Virginiana)
Escarpment Live Oak (Quercus Fusiformis)
Lacebark Elm (Ulmus Parvifolia)
Magnolia (Magnolia Grandiflora)
Mexican Plum (Prunus Mexicana)
Pecans And Hickories (Carya Species)
Pines (Pinus Species)
Possum Ha (Ilex Decidua)
Post Oak (Quercus Stellata)
Redbuds (Cercis Species)
Sawtooth Oak (Quercus Acutissima)
Shumard Oak (Quercus Shumardi)
Southern Live Oak (Quercus Virginiana)
Texas Red Oak (Quercus Texana)
Water Oak (Quercus Nigra)
Western Soapberry (Sapindus Drummondii)
Yaupon Holly (Ilex Vomitoria)
4. 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 of Trophy Club without first obtaining a Tree
Replanting Permit.
5. 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.
6. 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 of Trophy Club without first
obtaining a Tree Replanting Permit, shall be deemed guilty of a misdemeanor and,
upon conviction thereof, shall be punished as provided below.
SECTION 8.6 SPECIMEN TREES
1. Designation of Specimen Trees: Specimen Trees shall be designated according to the
following provisions:
a. 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 Department of the
Community Development. On a going forward basis (as land is platted) a listing
and map of all designated Specimen Trees shall be maintained and updated by
the Community Development Manager or authorized designee and made available
to the public upon request. Notwithstanding the foregoing, the trees listed below
shall be considered Specimen Trees in accordance with the following schedule:
Type of Tree % of Big Tree Registry
Any tree not listed on the
Protected Tree List in 75%
Section (1.4) herein
SECTION 8.7 MAJESTIC OR HISTORIC TREES
1. Designation of Majestic or Historic Trees: Majestic or Historic trees shall be designated
according to the following provisions:
a. 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 Department of Community Development. A listing
and map of all designated Majestic Trees shall be maintained and updated by the
Community Development Manager or authorized designee and made available to
the public upon request.
b. Historic Tree: Upon recommendation by the Tree 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 of Trophy Club 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 Community Development Manager or authorized
designee and made available to the public upon request.
SECTION 8.8 TREE REMOVAL AND REPLACEMENT
1. 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 of Trophy Club without first
obtaining a Tree Removal Permit, unless otherwise exempted by the terms of this
Ordinance.
2. Permit Required: Protected, Specimen, Historic or Majestic Trees shall not be removed
prior to the issuance of a Tree Removal Permit. Under no circumstances shall the clear-
cutting of trees on any real property within the Town of Trophy Club be allowed prior to
the issuance of a Tree Removal Permit for such property.
3. Replacement Trees Required: It shall be the responsibility of any person obtaining a Tree
Removal Permit for any tree to provide replacement according to the following criteria:
a. Protected Trees:
Replace with tree(s) having a total caliper width equivalent to one and one-half
(1½) times that of the trees to be removed.
Specimen Trees:
Replace with tree(s) having a total caliper width equivalent to two (2) times that
of the trees to be removed.
Historic or Majestic Trees:
Replace with tree(s) having a total caliper width equivalent to two and one-half
(2½) 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”).
b. Such replacement trees shall be container-grown and have a minimum
caliper width of two and one-half inches to three inches (2½” to 3”),
measured at one foot (1”) above ground level. Alternatively, container-grown
replacement trees may have a minimum caliper width of four inches (4”)
measured at one foot (1”) above ground level. In any event, replacement trees
shall have a minimum height of at least six feet (6’).
c. At the discretion of the Community Development Manager or authorized
designee, money may be paid to the Town of Trophy Club instead of
providing the replacement trees required by this Ordinance. Any such
payments shall be deposited in a special account or fund and used by the
Town of Trophy Club to provide and/or support supplemental landscape
plantings in public areas of Trophy Club 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 Tree Board. The
Community Development Manager or authorized designee shall maintain a
record of the current per-caliper-inch cash value of replacement trees.
4. Acts Specifically Prohibited: The following acts are prohibited:
a. It shall be unlawful for a person to violate any provision of this Ordinance.
b. It shall be unlawful for any person to remove or cause to be removed from
real property subject to this Ordinance a Protected, Specimen, Historic or
Majestic tree without first obtaining a Tree Removal Permit.
c. It shall also be a unlawful for a person to allow or to cause a tree to be
injured as a result of a failure to follow or require the use of tree protection
measures specified herein such that the tree dies or may reasonably be
expected to die.
5. Replacement Required Upon Conviction of Offense: If a person fails to
obtain a Tree Removal Permit as required by this ordinance, 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:
Protected Trees: five (5) times that of the removed tree(s).
Specimen Trees: ten (10) times that of the removed tree(s).
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 (2½” 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’),
6. 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
Ordinance.
Approved Tree Planting & Replacement List
Tree Size Common Name Scientific Name
Large Southern Live Oak (Quercű Virginiana)
Large Escarpment Live Oak (Quercus Fusiformis)
Large Shumard Oak (Quercus Shumardi)
Large Chinkapin Oak (Quercus Muehlenbergii)
Large Bur Oak (Quercus Macrocarpa)
Large Texas Red Oak Quercus Texana)
Large Bald Cypress (Taxodium Distichum)
Large Pecans And Hickories (Carya Species)
Medium Chinese Pistache (Pistachia Chinensis)
Medium Eldarica Pine (Pinus Eldarica)
Medium Leyland Cypress (Cupressociyparis Leylandi)
Large Magnolia (Magnolia Grandiflora)
7. 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 Tree Board
upon necessity and good cause shown.
Approved Median and ROW Tree Planting List
Tree Size Common Name Scientific Name
Large Bald Cypress (Taxodium Distichum)
Large Bur Oak (Quercus Macrocarpa)
Medium Chinese Pistache (Pistachia Chinensis)
Large Chinkapin Oak (Quercus Muehlenbergii)
Medium Crepe Myrtle (Lagerstroemia Indica)
Large Escarpment Live Oak (Quercus Fusiformis)
Medium Fruitless Crabapples (Maluś Species)
Medium Holly (Ilex Species)
Large Lacebark Elm (Ulmus Parvifolia)
Large Magnolia (Magnolia Grandiflora)
Large Native Pecan (Carya Species)
Small Possum Haw (Ilex Decidu)
Small Redbuds/Whitebuds (Cercis Species)
Large Sawtooth Oak (Quercus Acutissima)
Large Shumard Oak (Quercus Shumardi)
Large Southern Live Oak (Quercus Virginiana)
Large Texas Red Oak (Quercus Texana)
Medium Wax Myrtle (Myrica Cerifera)
Large Winged Elm (Ulmus Alata)
Small Yaupon Holly (Ilex Vomitoria)
I. Spacing: The spacing of trees located in the rights-of-way will be in
accordance with the species size classes. No trees may be planted closer
together than the following:
Small Trees Thirty (30) feet
Medium Trees Forty (40) feet
Large Trees Fifty (50) feet
except pursuant to an alternative plan designed by a landscape architect,
arborist or degreed horticulturist and approved by the Town Tree Board.
9. Distance from Curb/Sidewalk: The distance trees may be planted from
curbs, curb lines and/or sidewalks shall be in accordance with the three
species size classes. Trees may not be planted closer to any curb or sidewalk
than the following:
Small Trees Two (2) feet
Medium Trees Three (3) feet
Large Trees Four (4) feet
10. Distance from Street Corner and Fireplugs: No tree shall be planted closer
than thirty-five (35’) feet 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 (10’) feet of any fireplug.
11. Utilities: No trees other than small species may be planted under or within 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.
12. 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.
13. 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 Community
Development Manager, 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
Ordinance.
14. 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.
SECTION 8.9 TREE PROTECTION MEASURES
1. The following tree protection measures shall be required:
a. Prior to construction or 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.
b. Prior to construction or 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.
c. 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.
d. 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.
e. 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.
f. Unless otherwise approved by the Community Development Manager or the
Town Tree 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 pave-stone or other permeable materials.
g. Any trees removed during land development, construction, or construction-
related activities shall be chipped or hauled off-site. Burning of removed
trees is prohibited.
SECTION 8.10 TREE PERMITS
1. Tree Replanting Permit: Tree replanting permits shall be subject to the following
procedures.
a. 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 or record plat or a building permit. Tree Replanting
Permits must be obtained by making application to the Town’s Community
Development 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) copies of a legible site or plot plan,
drawn to the largest practicable scale, indicating the following minimum
information:
1) 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.
2) 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.
3) The information required herein may be summarized in legend form on the
site or plot plan.
b. Review of Application for Tree Replanting Permit: Upon receipt of a proper
application for a Tree Replanting Permit, the Community Development Manager
or authorized 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’s Community Development Manager or authorized 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 Community Development Manager. A denial of
an Application for Tree Replanting Permit by the Community Development
Manager or authorized designee may be appealed to the Tree Board. The decision
of the Tree Board may be appealed to the Town Council as provided in Section
(b)(3) of Section 1.9 of this Ordinance, the decision of which relative to such
permit application is final.
2. Tree Removal Permit: Tree Removal Permits shall be subject to the following
procedures:
a. Application for Tree Removal Permit: Tree Removal Permits for the removal of
Protected, Specimen, Majestic and Historic Trees in conjunction with the
development, subdivision and/or re-subdivision of real property must be obtained
by making application to the Town’s Community Development Manager or
authorized 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:
1) 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 (½)
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.
2) 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.
3) 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.
4) 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.
5) 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.
6) 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.
7) 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.
8) Each tree shall be identified by numerical reference on the Tree Survey.
9) 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.
10) 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 specie(s) of any
trees.
11) 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:
a) 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;
b) The sign(s) shall be mounted on stakes/poles;
c) The sign(s) shall be visible from the street;
d) There shall be one (1) sign for each street frontage; and
e) 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
b. 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 Community Development Manager or authorized 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.
1) 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
Ordinance shall be approved without the approval of a Tree Removal
Permit.
2) The Community Development Manager or authorized 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 Community
Development Manager or designee may be made to the Tree Board.
3) The Tree 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 Tree Board only upon a finding
that the subject development, subdivision or re-subdivision cannot
reasonably be developed, based on economic and/or practical
considerations, without removal of the tree or trees included in the permit
application.
4) Approval for a Tree Removal Permit authorizing the removal of a Historic
or Majestic Tree shall require a three-fourths (¾) majority vote of the Tree
Board and the Town Council, respectively.
SECTION 8.11 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.
2. Exceptions: It shall be an exception to the permit requirement of this Section that a
person is engaging in one or more of the following activities:
a. Land Disturbing Activities in emergency situations involving immediate danger
to life and property or substantial fire hazards;
b. Land Disturbing Activities of one (1) acre or less on a single lot, under one
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 Director of Community Development with an approved
application for a building permit;
c. 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 Parks and Recreation Director;
d. Land Disturbing Activities practices or other land disturbing activities associated
with and necessary to conduct normal agricultural crop operations on a property,
excluding timber cutting.
3. Standards:
a. General Regulations:
1) Land Disturbing Activities operations and other land disturbing activities
shall not create or contribute to landslides, accelerated soil creep, and/or
settlement.
2) Land Disturbing Activities operations shall not create or contribute to
flooding, erosion, or increased siltation or other forms of pollution in a
watercourse.
3) Land Disturbing Activities and other land disturbing activities 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
4) Debris shall be removed from cleared sites within six (6) months of the
operations completion date.
b. Cut and Fills:
5) Slopes greater than three (3) feet in height shall be no steeper than three (3)
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.
6) All topsoil removed during ground surface preparation shall be stockpiled on
the site and stabilized within fourteen (14) days.
7) 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:
a) 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
retaining wall or by sloping the sides of such fill or excavation either
within the confines of the site; and
b) 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.
c. Establishing Ground Cover: A temporary ground cover shall be established on all
graded or disturbed areas not intended to be developed within thirty (30) days of
completion of Land Disturbing Activity.
3. Grading Plan Evaluation Criteria: When evaluating a Plan, the Director shall review the
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 used, including protection of natural
swales and drainage areas. Severely eroded areas are stabilized.
b. Mass cutting, filling and benching or terracing of existing slopes to create
additional or larger building sites are prohibited; therefore, the Plan shall not
include or propose any such activity. The 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.
c. The Plan includes all information necessary for the Director of Community
Development to determine that the project will result in the reasonable
preservation of trees under the standards set forth in Section 8.5 of this
Ordinance and the requirements of this Section.
d. 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.
e. The Plan shall include all information necessary for the Director of Community
Development to determine that it provides for the reasonable preservation of trees
and understory, and that the following criteria has been met regarding the
selection of trees to be preserved or removed. When making such determination,
the Director shall consider all relevant factors, including but not limited to the
following:
1) Proximity of the trees critical root zone or drip line to proposed grading
activity.
2) 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.
3) Other remedial or protective measures have been employed, including site
design that improves the chances for tree survival.
4) Temporary tree protection methods are adequately employed.
5) 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 zone, tree walls, or tree wells.
6) Utility trenching activities are indicated on the plan.
SECTION 3.
CUMULATIVE
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the
provisions of such Ordinances except for those instances where there are direct conflicts with the
provisions of this Ordinance; provided, however, that Ordinance No. 2002-40 P&Z is hereby
repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that
are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent
with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to Ordinance No. 2002-40 P&Z on the date of
adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance
and for that purpose the Ordinance shall remain in full force and effect.
SECTION 4.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas are expressly saved as to any
and all violations of the provisions of any other Ordinance affecting land disturbing activities,
the preservation of trees, and the regulation of the subdivision of land which have secured at the
time of the effective date of this Ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such Ordinances same
shall not be affected by this Ordinance but may be prosecuted until final disposition by the
courts.
SECTION 5.
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 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction,
in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the Caption, Penalty, and Effective Date in the minutes of the Town
Council of the Town of Trophy Club and by filing this Ordinance in the ordinance records of the
Town.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this the 2nd day of May, 2005.
_______________________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_____________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_____________________________________
Town Attorney
Town of Trophy Club, Texas
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-2-2005
Subject: Agenda Item No.D.5
Discuss and take appropriate action relative to a request for Plat Amendment to lots
19 & 20, block 2 of The Villas at Trophy Club. Applicant: David Baxter. (AP-05-
003)
EXPLANATION: Mr. Baxter is requesting a Plat Amendment to combine Lots 19 & 20 of the
Villas at Trophy Club. The Plat Amendment appears to be in compliance with the Town’s
Subdivision Regulations.
The Planning & Zoning Commission unanimously approved the Plat Amendment
at their 27 April 2005 meeting.
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Attachments: 1. Information Memorandum
2. Amending Plat Application
3. Staff Review
4. Amending Plat
Planning Review Comments
February 7, 2005
Project: Request for Amended Plat, Lots 19 & 20, Block 2 of The
Villas at Trophy Club
Current Zoning: Planned Development District No. 14
Use Designation: Single Family Residential
Requested Use: Same
Location: North of HWY 114, south of Plaza Drive, east of Trophy
Wood Drive
Comments:
After reviewing the amending plat application for The Villas at Trophy Club, staff has the
following comments:
1. The title block should read Amending Plat instead of Re-Plat.
2. Revise references of “City” of Trophy Club to “Town” of Trophy Club in
property descriptions.
3. Change lot number to 19R, throughout plat. (New address will be 19
Hanna Court)
The submitted amending plat appears to meet all requirements of Section 3.9 of the
Subdivision Regulations with the above item corrected.
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-2-2005
Subject: Agenda Item No.D.6
Chief Briggs to provide an update to Town Council on the State Hwy 114
construction.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
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Attachments: 1. Map
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-2-2005
Subject: Agenda Item No.D.7
Town Manager to introduce 2005-06 preliminary budget.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1.None- Budget books will be delivered.
COUNCIL MEMORANDUM
From: The Office of the Town Manager
Date: 5-2-2005
Subject: Agenda Item No.D.8
Consent agenda: Discuss and take appropriate action in regard to a Proclamation
declaring April 23, 2005 as the 133rd anniversary celebration of Arbor Day in the
Town of Trophy Club.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
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Attachments: 1.Proclamation
\
PROCLAMATION NO. 2005 -
Whereas, In 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set
aside for the planting of trees, and
Whereas, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in
Nebraska, and
Whereas, 2005 is the 133rd anniversary of the holiday and Arbor Day is now observed throughout the nation
and the world, and
Whereas, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs,
moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife,
and
Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and beautify
our community, and
Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal.
Now, Therfore, I, SCOTT SMITH, Mayor of the Town of Trophy Club, Texas, do hereby proclaim April 23, 2005
as the 133rd anniversary celebration of
Arbor Day
In the Town of Trophy Club, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees
and woodlands, and
Further, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future
generations.
Dated this 2nd day of May 2005.
____________________________
Scott Smith, Mayor
Town Of Trophy Club
SEAL
______________________________
Lisa Ramsey, Interim Town Secretary
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-2-2005
Subject: Agenda Item No.D.9
Consent agenda: Discuss and take appropriate action to approve minutes dated
April 18, 2005.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
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Attachments: 1. Minutes
MINUTES OF JOINT WORKSHOP BETWEEN TOWN
COUNCIL,
EDC A AND EDC B/
PUBLIC HEARING AND REGULAR TOWN COUNCIL
MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB,
TEXAS
Monday, April 18, 2005
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Workshop/Regular Session
on Monday, April 18, 2005. The meeting was held within the boundaries of the Town and
was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith Mayor
Scott Spence Mayor Pro Tem
Susan Edstrom Council Member
Roger Williams Council Member
Beverly Foley Council Member
Pam Cates Council Member
STAFF AND GUEST(S) PRESENT:
Donna Welsh Town Manager
Lisa Ramsey Interim Town Secretary
Roger Unger Finance Director
Beth Ann Gregory Community Development Manager
Patricia Adams Town Attorney
Mike Pastor IS Manager
Adam Adams Parks and Recreation Director
Randy Briggs Police and Fire Services Director
Kerin Fleck Planning and Zoning Coordinator
Dewight Morrow EDC A
Neil Twomey EDC A
Bob Fair EDC A
Jim Hicks EDC B
Doyle Nicholson EDC B
Ralph Scoggins EDC B
Mindy Whitehead Trophy Realtors
Sally Michalak Metroport Chamber of Commerce
Pearl Ford Resident
A.1 Joint Workshop: Economic Development Corporation A and Economic
Development Corporation B.
A.2 Town Council, EDC A and EDC B to call to order and announce a quorum.
Mayor Smith called the Workshop/Regular Session to order at 7:08 p.m. noting a quorum was present.
Neil Twomey, EDC A called to order at 7:08 p.m. noting that a quorum was present.
EDC B noted that a quorum was not present.
A.3 Invocation.
Adam Adams gave the invocation.
A.4 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
Kerin Fleck led the pledges.
A.5 Presentation to the Town Council, EDC A and EDC B to discuss economic
development marketing programs in our community.
Dan Petty from the North Texas Commission presented ways that NTC could help assist the Town in
economic development.
Doyle Nicholson suggested that a Task Force be created, consisting of one member from EDC A, EDC B
and Town Council
A.6 EDC A and EDC B to adjourn.
Neil Twomey made the motion to adjourn at 7:50 p.m., Bob Fair seconded; motion carried unanimously.
B.1 Citizen presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not permitted
to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on
specific agenda items prior to the Council addressing those items.
There were no presentations.
B.2 Council/staff reports: this is an opportunity for Council and staff to provide brief
updates on projects and to provide public service announcements. It is not a time
for the expression of opinions, questions and answers, or discussion among staff and
Council. Discussion is limited to whether Council desires to have a topic placed on a
future agenda for future consideration.
Updates were provided by staff and Council.
Town Council convened into Public Hearing at 8:09 P.M.
PUBLIC HEARING
C.1 Public Hearing: An application from Lake Cities Church of Christ for a Specific
Use Permit to allow a day care facility use on property located at 280 Indian Creek
Drive, in PD Planned Development Zoning District No. 24, known as Lake Cities
Church of Christ. (SUP-05-014)
Kerin Fleck made the presentation. There were no speakers. Melanie Christian, Director of Mother’s
Day Program was available for questions.
C.2 Public Hearing: An ordinance amending Town Ordinance No. 2000-06 P&Z by
amending Article 3, Section 13 entitled "Use Table", subsection "F" entitled
"Business" and Subsection "G" entitled "Retail" to include Tanning Salons.
(Applicant Ernie Kennedy, Regency Centers) AMD-05-017
There were no speakers.
Town Council reconvened into Regular Session at 8:12 P.M.
*REGULAR SESSION
D.1 Discuss and take appropriate action regarding an application from Lake Cities
Church of Christ for a Specific Use Permit to allow a day care facility use on
property located at 280 Indian Creek Drive, in PD Planned Development Zoning
District No. 24, known as Lake Cities Church of Christ. (SUP-05-014)
Council Member Foley moved to approve. Council Member Spence seconded; motion carried
unanimously.
D.2 Discuss and take appropriate action regarding an ordinance amending Town
Ordinance No. 2000-06 P&Z by amending Article 3, Section 13 entitled "Use
Table", subsection "F" entitled "Business" and Subsection "G" entitled "Retail" to
include Tanning Salons. (Applicant Ernie Kennedy, Regency Centers) AMD-05-017
Council Member Foley moved to approve. Council Member Spence seconded; motion carried
unanimously.
D.3 Discuss and take appropriate action regarding an ordinance adopting regulations
prohibiting keys left in the ignition of an unattended motor vehicle while the engine
is running.
Council Member Williams moved to reject ordinance at this time. Council Member Edstrom seconded;
motion carried unanimously.
D.4 Town Council to discuss and take appropriate action on awarding or declining the
bids for the Svore Municipal Building addition.
Council Member Edstrom moved to table until the 5/23/05 Workshop. Council Member Williams
seconded; motion carried unanimously.
D.5 Town Council to discuss and take appropriate action regarding an alternate
building design to replace the portable Public Works buildings.
Council Member Edstrom moved to table until the 5/23/05 Workshop. Council Member Williams
seconded; motion carried unanimously.
D.6 Consent agenda: Discuss and take appropriate action to approve financials dated
March 2005.
D.7 Consent agenda: Discuss and take appropriate action regarding an ordinance
repealing Town Ordinance No. 2005-06, and re-enacting 2005-02 relating to the
May 7, 2005 General Election.
D.8 Consent agenda: Discuss and take appropriate action to approve minutes dated
April 4, 2005.
D.9 Consent agenda: Discuss and take appropriate action regarding a Proclamation to
dedicate May 5, 2005 as day of prayer in Trophy Club.
Council Member Edstrom moved to approve consent Agenda.D.6. - D.9 Council Member
Foley seconded; motion passed 4-1-0 with Council Members Williams, Spence, Foley and
Edstrom voting in favor and Council Member Cates voting against.
D.10 Additional Information for Council
All matters listed as Consent Agenda are considered to be routine by the Town Council and
will be enacted by one motion. There will not be a separate discussion of these items. If
discussion is desired, that item will be removed from the consent agenda and will be
considered separately.
Town Council convened into Executive Session at 8:47 p.m.
EXECUTIVE SESSION
E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071
(a) & (b) "Consultation with Attorney", the Council will enter into executive session
to discuss the following:
(A) Consultation with Town Attorney on a matter in which the duty of the
Attorney to the Governmental Body under the Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflict with the Open
Meetings Act (551.071 (b)).
(1) Legal Advice Relative to the open meetings act, Town Charter,
fiduciary duties and ethics laws, public information act, civil liability
issues, and other general municipal administrative legal issues.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
Town Council reconvened into Regular Session at 9:24 p.m.
F.1 Adjourn.
Council Member Cates moved to adjourn at 9:26 p.m. Council Member Spence seconded; motion carried
unanimously.
* The Town Council may convene into executive session to discuss posted items as allowed
by the Texas Open Meeting Act, LGC.551.071
______________________________________________________
Mayor, Town of Trophy Club
_______________________________________________________
Lisa Ramsey, Interim Town Secretary
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-2-2005
Subject: Agenda Item No.E.1
Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071
(a) & (b) "Consultation with Attorney", the Town Council will enter into executive
session to discuss the following:
Consultation with Attorney on pending or contemplated litigation or on a matter in
which the duty of the Attorney to the Governmental Body under the Texas Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the Open
Meetings Act (§551.071 (a) & (b)):
1) Perfection Homes Inc. and Mark Carr v. Town of Trophy Club No. 2003-50345-
367.
paa
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-2-2005
Subject: Agenda Item No.E.2
Discuss and take appropriate action relative to Executive Session Item Number E1.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
LR
Attachments: None
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-2-2005
Subject: Agenda Item No.F.1
Adjourn.
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