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Agenda Packet TC 06/05/2006 - Exhibit A Town Council Meeting June 5, 2006 Supplemental Agenda Code of Ordinances TABLE OF CONTENTS CHAPTER Article ...........................................................................................................Section CHAPTER 1 - ADMINISTRATION Article I – The Charter Form of Government & Boundaries .............................................................Section 1.01 Powers of the Town .....................................................................................Section 1.02 The Council..................................................................................................Section 1.03 Administrative Services................................................................................Section 1.04 Nominations & Elections..............................................................................Section 1.05 Recalls.........................................................................................................Section 1.06 Legislations By The People, Initiative, Referendum .....................................Section 1.07 Municipal Planning & Zoning........................................................................Section 1.08 Code of Ordinances Cross Reference: (Subdivision Regulation), Chapter 12, § 1.01 – 6.04; (Planning & Zoning Commission), Chapter 12, § 8.04; (Purpose, Objective, Power and Duties), Chapter 12, § 8.04; (Board of Adjustment), Chapter 12, § 8.05 Budget, Finance & Taxation.........................................................................Section 1.09 Franchising & Public Taxes..........................................................................Section 1.10 General Provisions.......................................................................................Section 1.11 Transitional Provisions.................................................................................Section 1.12 Article II – Town Manager Office of the Town Manager .........................................................................Section 2.01 Article III – Town Secretary Office of the Town Secretary........................................................................Section 3.01 Scope of Power............................................................................................Section 3.02 Section Deleted............................................................................................Section 3.03 Acting Town Secretary.................................................................................Section 3.04 Article IV – Town Treasurer Office of Treasurer.......................................................................................Section 4.01 Scope of Power............................................................................................Section 4.02 Term of Office ..............................................................................................Section 4.03 Acting Treasurer ..........................................................................................Section 4.04 Article V – Staggered Terms of Office For Town Council Terms of Office ............................................................................................Section 5.01 Article VI – Town Council Rules of Procedure Rules of Procedure ......................................................................................Section 6.01 Article VII – Town Attorney Authority.......................................................................................................Section 7.01 Code of Ordinances Cross Reference: (Town Attorney Authority/ SubDivision Regulations), Chapter 12 § 6.03 Article VIII – Schedule of Fees Applicability/Content &Waiver ......................................................................Section 8.01 Building Definitions ......................................................................................Section 8.02 Community Development Department .........................................................Section 8.03 Code of Ordinances Cross Reference: (Animal Run Permits), Chapter 13, § 7.01; (Apartment Complex Licensing), Chapter 3, § 13.04; (Fence Permits), Chapter 13, § 7.01; (Grading Permits), Chapter 12, § 8.11; (Health Permits, Food Establishments) Chapter 6, 2.05; Health Permits, Reinstatement Fee) Chapter 6, § 2.06; (Health Permits, Food Establishment Inspection Fee and Reinspection Fee), Chapter 6, §2.08; (Food Establishment Plan Review Fee), Chapter 6, § 2.10; (Retaining Wall Permits), Chapter 13, § 7.01; (Roof Repair Permit), Chapter 3, § 11.04; (Single Family Residence Licensing), Chapter 3, § 14.04; (Stormwater Drainage Utilities), Chapter 11, § 5.03; (Swimming Pool Fees), Chapter 3, § 15.04; (Tree Preservation Permit Fees), Chapter 12, § 8.08 & § 8.10 Planning & Zoning Department....................................................................Section 8.04 Code of Ordinances Cross Reference: (Plat Fees), Chapter 12, § 3.03, 3.07, 3.08, 3.09; ; (Oil and Gas Well Permit Fees), Chapter 13, § 5.12 Zoning Board of Adjustment.........................................................................Section 8.05 Code of Ordinances Cross Reference: (Fees), Chapter 12, § 8.05 Animal Control .............................................................................................Section 8.06 Code of Ordinances Cross Reference: (Animal Registration) Chapter 2, § 1.09; § 1.14; § 1.21 Emergency Medical Services.......................................................................Section 8.07 Code of Ordinances Cross Reference: (EMS Fees) Chapter 10, § 10.03 Fire Plan Review..........................................................................................Section 8.08 Fire Division .................................................................................................Section 8.09 Municipal Court............................................................................................Section 8.10 Code of Ordinances Cross Reference: (Transcription Fee), Chapter 7, § 1.09; (Warrant Fees), Chapter 6, § 1.08 Police Department .......................................................................................Section 8.11 Code of Ordinances Cross References: (Soliciting Permit Fees), Chapter 10, §, 4.02 & 4.03; (Parking Permit Fees) Chapter 10, § 2.05; (Driving Safety Fees), Chapter 7, § 1.07; (Alarm Permit Fees), Chapter 10, § 3.03 & § 3.18; (Overweight Vehicle Transportation), Chapter 10, § 2.06; Community Pool...........................................................................................Section 8.12 Administrative ..............................................................................................Section 8.13 Texas Administrative Code..........................................................................Section 8.14 Parks & Recreation......................................................................................Section 8.15 Article IX – Participation in the Texas Municipal Retirement System (TMRS) Employee Participation ................................................................................Section 9.01 Town Manager Directed to Notify Board of Trustees of the Texas Municipal Retirement System...................................Section 9.02 Condition of Membership.............................................................................Section 9.03 Fixed 5% Participation Rate .........................................................................Section 9.04 Prior Service Credit......................................................................................Section 9.05 Town Contributions to Current Service Annuity Reserve.............................Section 9.06 Town Secretary Directed to Remit Town Contributions to TMRS Board of Trustees ..............................................Section 9.07 Supplemental Death Benefits Fund .............................................................Section 9.08 Notification of Fund Participation .................................................................Section 9.09 Article X – Updated Service Credits Authorization of Update Service Credits ......................................................Section 10.01 Increase In Retirement Annuities .................................................................Section 10.02 Dates of Allowances and Increases .............................................................Section 10.03 Increased Municipal Contributions ...............................................................Section 10.04 Increased Employee Deposit Rate...............................................................Section 10.05 Article XI – Restricted Prior Service Credit Authorization ................................................................................................Section 11.01 Article XII – Retirement Service Benefits Authorization ................................................................................................Section 12.01 Article XIII – Open Records Authorization ................................................................................................Section 13.01 CHAPTER 2 – ANIMAL CONTROL Article I - Animals Definitions....................................................................................................Section 1.01 Enforcement.................................................................................................Section 1.02 Animals At Large..........................................................................................Section 1.03 Impounding of Animals ................................................................................Section 1.04 Authority to Impound, Destroy, Kill or Muzzle Certain Animals....................Section 1.05 Dangerous Dogs..........................................................................................Section 1.06 Fees.............................................................................................................Section 1.07 Release of Unvaccinated Animals ...............................................................Section 1.08 Adoption .......................................................................................................Section 1.09 Code of Ordinances Cross Reference: (Animal Registration, Impoundment Fee), Chapter 1, § 8.06; Wild Animals ................................................................................................Section 1.10 Confinement Required of Animal Allegedly Involved in Attack.....................Section 1.11 Vicious Animals............................................................................................Section 1.12 Vaccination ..................................................................................................Section 1.13 Licenses and Tags.......................................................................................Section 1.14 Code of Ordinances Cross Reference: (Animal Registration), Chapter 1, § 8.06; Special Requirements For Keeping Miniature Pigs and Pherrets ................Section 1.15 Defecation of Animals on Public and Private Property .................................Section 1.16 Sanitary Conditions......................................................................................Section 1.17 Animal Noise ................................................................................................Section 1.18 Exceptions ...................................................................................................Section 1.19 Dangerous Wild Animals Prohibited; Excepting Commercial Establishments...................................................Section 1.20 Certificate of Registration For Dangerous Wild Animals ..............................Section 1.21 Code of Ordinances Cross Reference: (Registration), Chapter 1, § 1.06 Certificate of Registration Application For Dangerous Wild Animals............Section 1.22 Denial or Revocation of Certificate of Registration For Dangerous Wild Animals; Appeal .....................................................Section 1.23 Display of Certificate of Registration............................................................Section 1.24 Effective Date For Certificate of Registration For a Dangerous Wild Animal......................................................................Section 1.25 Liability Insurance For Dangerous Wild Animals..........................................Section 1.26 Inspection Related to Dangerous Wild Animals...........................................Section 1.27 Relocation or Disposition of A Dangerous Wild Animal ................................Section 1.28 Attack By A Dangerous Wild Animal; Escape of Dangerous Wild Animal; Liability For Dangerous Wild Animal .......................................................Section 1.29 Care, Treatment And Transportation of Dangerous Wild Animals ...............Section 1.30 Transfer of Ownership of A Dangerous Wild Animal ....................................Section 1.31 Offense And Penalty For Dangerous Wild Animals......................................Section 1.32 Civil Penalty And Costs Specific To Dangerous Animals.............................Section 1.33 Applicability..................................................................................................Section 1.34 Penalty .........................................................................................................Section 1.35 CHAPTER 3- BUILDINGS AND CONSTRUCTION Article I – Building Official Appointment.................................................................................................Section 1.01 Authority of Building Official.........................................................................Section 1.02 Article II – Form Surveys Form Survey ................................................................................................Section 2.01 Code of Ordinances Cross Reference: (Pool Form Survey), Chapter 3, § 15.04 Article III – International Building Code Applicability..................................................................................................Section 3.01 Adoption .......................................................................................................Section 3.02 Amendments to the 2003 International Building Code .................................Section 3.03 Board of Appeals .........................................................................................Section 3.04 Code of Ordinances Cross Reference: (Swimming Pool Regulations Appeal), Chapter 3, § 15.05 Penalty .........................................................................................................Section 3.05 Article IV – International Residential Code Adoption.......................................................................................................Section 4.01 Amendments to the 2003 International Residential Code ............................Section 4.02 Board of Appeals .........................................................................................Section 4.03 Penalty.........................................................................................................Section 4.04 Article V – National Electrical Code Adoption .......................................................................................................Section 5.01 Amendments to the 2002 National Electrical Code......................................Section 5.02 Penalty .........................................................................................................Section 5.03 Article VI – International Mechanical Code Adoption.......................................................................................................Section 6.01 Amendments to the 2003 International Mechanical Code............................Section 6.02 Penalty.........................................................................................................Section 6.03 Article VII – International Plumbing Code Adoption.......................................................................................................Section 7.01 Amendments to the 2003 International Plumbing Code ...............................Section 7.02 Penalty.........................................................................................................Section 7.03 Article VIII – International Energy Conservation Code Adoption.......................................................................................................Section 8.01 Amendments to the 2003 International Energy Conservation Code ............Section 8.02 Penalty.........................................................................................................Section 8.03 Article IX – International Fire Code Adoption.......................................................................................................Section 9.01 Amendments to the 2003 International Fire Code........................................Section 9.02 Penalty.........................................................................................................Section 9.03 Article X – RESERVED* Article XI – Roofing Requirements Definitions....................................................................................................Section 11.01 Architectural or Laminated Shingles Required .............................................Section 11.02 Wood Shingles and Wood Shakes Prohibited..............................................Section 11.03 Roof Repair Permit Required .......................................................................Section 11.04 Code of Ordinance Cross References: (Roof Repair Permit Fee), Chapter 1, § 8.03 Compliance With the Uniform Building Code...............................................Section 11.05 Appeal Process ............................................................................................Section 11.06 Penalty .........................................................................................................Section 11.07 Article XII - Standards for the Repair, Removal or Demolition of Dangerous or Substandard Buildings Definitions....................................................................................................Section 12.01 Powers of Council........................................................................................Section 12.02 Procedures...................................................................................................Section 12.03 Order of Town Council.................................................................................Section 12.04 Failure to Comply with Town Order..............................................................Section 12.05 Minimum Standards; Responsibilities of Owner...........................................Section 12.06 Recovery of Expenses; Lien ........................................................................Section 12.07 Adoption of Uniform Code............................................................................Section 12.08 Penalty .......................................................................................................Section 12.09 Article XIII – Apartment Complex Licensing Definitions....................................................................................................Section 13.01 License Required.........................................................................................Section 13.02 License Application, Place of Business, Issuance, Renewal and Expiration .........................................................Section 13.03 License and Inspection Fees .......................................................................Section 13.04 Code of Ordinances Cross Reference: (Licenses and Inspection Fees), Chapter 1, § 8.03 License Display, Replacement and Transferability ......................................Section 13.05 License Standards .......................................................................................Section 13.06 Inspections, Reinspections and Certificate of Occupancy ...........................Section 13.07 Code of Ordinances Cross Reference: (Reinspection Fees), Chapter 1, § 8.03 Appeals to the Town ....................................................................................Section 13.08 Penalty .........................................................................................................Section 13.09 Article XIV - Single Family Residence Licensing Definitions....................................................................................................Section 14.01 License Required.........................................................................................Section 14.02 License Application, Place of Business, Issuance, Renewal and Expiration .........................................................Section 14.03 License and Inspection Fees .......................................................................Section 14.04 Code of Ordinances Cross Reference: (Licenses and Inspection Fees), Chapter 1, § 8.03 License Display, Replacement and Transferability ......................................Section 14.05 License Standards .......................................................................................Section 14.06 Inspections, Reinspections and Certificate of Occupancy ...........................Section 14.07 Code of Ordinances Cross Reference: (Reinspection Fees), Chapter 1, § 8.03 Appeals to the Town ....................................................................................Section 14.08 Penalty.........................................................................................................Section 14.09 Article XV – Swimming Pools Definitions....................................................................................................Section 15.01 Applicability and Prohibitive Conduct ...........................................................Section 15.02 Exceptions ...................................................................................................Section 15.03 Swimming Pools ..........................................................................................Section 15.04 (Code of Ordinances Cross Reference: (Pool Permit Fees), Chapter 1, § 8.03; (Form Survey), Chapter 3, § 2.01; Appeals ........................................................................................................Section 15.05 Code of Ordinances Cross Reference: (Building Board of Appeals), Chapter 3, § 3.04; Penalty.........................................................................................................Section 15.06 CHAPTER 4 - FLOOD DAMAGE PREVENTION Article I – Flood Damage Prevention Findings of Fact ...........................................................................................Section 1.01 Statement of Purpose ..................................................................................Section 1.02 Methods of Reducing Flood Losses .............................................................Section 1.03 Applicability..................................................................................................Section 1.04 Definitions....................................................................................................Section 1.05 General Provisions.......................................................................................Section 1.06 Administration ..............................................................................................Section 1.07 Provisions for Flood Reduction ....................................................................Section 1.08 Penalty .........................................................................................................Section 1.09 CHAPTER 5- GENERAL LAND USE Article I - Mobile Home & HUD-Code Manufactured Home Placement and Replacement Definitions....................................................................................................Section 1.01 Mobile Homes ..............................................................................................Section 1.02 Replacement of Mobile Homes ....................................................................Section 1.03 HUD-Code Manufactured Homes................................................................Section 1.04 Application ...................................................................................................Section 1.05 Boats and Trailers Tied Into Utility Service ..................................................Section 1.06 Maintaining Heavy Vehicles, Boats and Trailers..........................................Section 1.07 Recreational Vehicles ..................................................................................Section 1.08 Presumption.................................................................................................Section 1.09 Penalty .........................................................................................................Section 1.10 Article II – Sexually Oriented Businesses Purpose and Intent.......................................................................................Section 2.01 Definitions....................................................................................................Section 2.02 Classification ................................................................................................Section 2.03 License Required.........................................................................................Section 2.04 Issuance of License .....................................................................................Section 2.05 Fees .............................................................................................................Section 2.06 Inspection.....................................................................................................Section 2.07 Expiration of License....................................................................................Section 2.08 Suspension..................................................................................................Section 2.09 Revocation...................................................................................................Section 2.10 Appeal ..........................................................................................................Section 2.11 Transfer of License ......................................................................................Section 2.12 Location of Sexually Oriented Businesses...................................................Section 2.13 Exemption from Location Restrictions..........................................................Section 2.14 Additional Regulations for Nude Escort Agencies ........................................Section 2.15 Additional Regulations for Nude Model Studios ...........................................Section 2.16 Additional Regulations for Adult Theaters and Adult Motion Picture Theaters ................................................................Section 2.17 Additional Regulations for Adult Models ......................................................Section 2.18 Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos............................................................Section 2.19 Display of Sexually Explicit Material to Minors.............................................Section 2.20 Enforcement.................................................................................................Section 2.21 Injunctive Relief............................................................................................Section 2.22 Amendment to this Article............................................................................Section 2.23 Article III - Gravel Pits and Mining Operations Classification ................................................................................................Section 3.01 Reclamation; Restoration of Land ................................................................Section 3.02 Penalty.........................................................................................................Section 3.03 Article IV – Sign Regulations Definitions....................................................................................................Section 4.01 Permit Requirements ...................................................................................Section 4.02 General Standards .......................................................................................Section 4.03 Traffic Safety ................................................................................................Section 4.04 Temporary Signs..........................................................................................Section 4.05 Commercial & Institutional Signs .................................................................Section 4.06 Permissible Signs Not Requiring a Permit ...................................................Section 4.07 Temporary Permits ......................................................................................Section 4.08 Nonconforming Uses ...................................................................................Section 4.09 Meritorious Exceptions and Appeals ............................................................Section 4.10 Maintenance of Signs ..................................................................................Section 4.11 Violations .....................................................................................................Section 4.12 Enforcement.................................................................................................Section 4.13 Enforcement Remedies ...............................................................................Section 4.14 Prohibition....................................................................................................Section 4.15 Penalty.........................................................................................................Section 4.16 Article V – Parkland Dedication and Open Space Purpose .......................................................................................................Section 5.01 Dedication Procedures.................................................................................Section 5.02 Money in Lieu of Land..................................................................................Section 5.03 Additional Requirements..............................................................................Section 5.04 Credit for Conveyance of Floodplains ..........................................................Section 5.05 Minimum Park Improvements ......................................................................Section 5.06 Appeal ..........................................................................................................Section 5.07 Biennial Review ..........................................................................................Section 5.08 Requirements to be Satisfied Prior to Development ....................................Section 5.09 Permit and Services to be Withheld .............................................................Section 5.10 Redetermination of Requirements for Proposed Additional Dwelling Units .............................................................................Section 5.11 Penalty ..............................................................................................................Section 5.12 Article VI – Oil and Gas Well Manual Standards for Oil and Gas Well Drilling and Production...............................Section 6.01 Code of Ordinances Cross Reference: (Hours of Well Servicing Operations), Chapter 8, § 1.01; (Oil & Gas Well Manual), Chapter 13, § 5.12; Requirements Specific to an Oil and Gas Well Development Site Plan............................................................Section 6.02 Code of Ordinances Cross Reference: (O il & Gas Well Site Plan), Chapter 13, § 5.12 Penalty.........................................................................................................Section 6.03 (Code of Ordinances Cross Reference: (Oil and Gas Well Manual), Chapter 13, § 5.12 CHAPTER 6 - HEALTH AND SANITATION Article I – Health Inspector Health Authority ...........................................................................................Section 1.01 Payment of Expenses..................................................................................Section 1.02 Term of Health Authority..............................................................................Section 1.03 A Resident of the State of Texas .................................................................Section 1.04 Removal of Health Authority ........................................................................Section 1.05 Appointment.................................................................................................Section 1.06 Article II – Food Establishment Regulations Adoption of Texas Food Establishment Rules .............................................Section 2.01 Definitions....................................................................................................Section 2.02 Enforcement of These Provisions ................................................................Section 2.03 Permits & Exceptions...................................................................................Section 2.04 Permit Requirements ...................................................................................Section 2.05 Code of Ordinances Cross Reference: (Food Establishment Permit Fee), Chapter 1, § 8.03 Suspension of Permit...................................................................................Section 2.06 Code of Ordinances Cross Reference: (Reinstatement Fee), Chapter 1, § 8.03 Revocation of Permit....................................................................................Section 2.07 Inspection of Food Establishments ..............................................................Section 2.08 Code of Ordinances Cross Reference: (Food Establishment Inspection Fee & Reinspection Fee), Chapter 1, § 8.03 Examination and Condemnation of Food .....................................................Section 2.09 Submission and Review of Plans Required .................................................Section 2.10 Code of Ordinances Cross Reference: (Plan Review Fee), Chapter 1, § 8.03 Food Protection Manager Required .............................................................Section 2.11 Snow Cone Establishments.........................................................................Section 2.12 Mobile Units .................................................................................................Section 2.13 Penalty.........................................................................................................Section 2.14 CHAPTER 7 - MUNICIPAL COURT Article I - Municipal Court of Record No. 1 Abolition; Creation........................................................................................Section 1.01 Authority.......................................................................................................Section 1.02 Commencement...........................................................................................Section 1.03 Judges .........................................................................................................Section 1.04 Code of Ordinances Cross Reference: (Appointment of Judge), Chapter 7, § 2.01 Appointment of Clerk ...................................................................................Section 1.05 Code of Ordinances Cross Reference: (Appointment of Court Clerk), Chapter 7, § 2.01 Failure to Appear / Violate Promise to Appear.............................................Section 1.06 Driving Safety Fees......................................................................................Section 1.07 Code of Ordinances Cross Reference: (Driving Safety Fees), Chapter 1, § 8.11 Warrant Fees...............................................................................................Section 1.08 Code of Ordinances Cross Reference: (Warrant Fees), Chapter 1, § 8.10 Transcript Preparation Fee ..........................................................................Section 1.09 Code of Ordinances Cross Reference: (Transcription Fee), Chapter 1, § 8.10 Article II – Presiding Judge Appointments...............................................................................................Section 2.01 Code of Ordinances Cross Reference: (Appointment of Judge), Chapter 7, § 1.04; (Appointment of Clerk), Chapter 7, § 1.06 CHAPTER 8 - NUISANCES Article I- Noise Nuisances Nuisances Defined .......................................................................................Section 1.01 Code of Ordinances Cross Reference: (Hours of Well Servicing Operations), Chapter 5, § 6.01 Lawn Equipment..........................................................................................Section 1.02 Exemption by Permit....................................................................................Section 1.03 Injunctive Relief............................................................................................Section 1.04 Penalty .........................................................................................................Section 1.05 Article II - Graffiti Graffiti ..........................................................................................................Section 2.01 Notice of Violation........................................................................................Section 2.02 Penalty .........................................................................................................Section 2.03 Article III - Weeds Unlawful to Permit Weeds, Grass or Any Other Plant to Grow Higher Than Twelve Inches.........................................Section 3.01 Accumulation of Grass, Weeds and Brush...................................................Section 3.02 Removal of Weeds.......................................................................................Section 3.03 Objectionable & Unsightly Matter.................................................................Section 3.04 Notice of Violation........................................................................................Section 3.05 Abatement of Weeds ...................................................................................Section 3.06 Filing a Complaint ........................................................................................Section 3.07 Penalty .........................................................................................................Section 3.08 Article IV – Abandoned and Junked Vehicles Definitions ....................................................................................................Section 4.01 Abandoned Motor Vehicles..........................................................................Section 4.02 Junked Vehicles...........................................................................................Section 4.03 Obstruction of Traffic....................................................................................Section 4.04 Penalty .........................................................................................................Section 4.05 Article V – Outdoor Storage/Outdoor Display Definitions....................................................................................................Section 5.01 Outdoor Storage/Display Regulations ..........................................................Section 5.02 Outdoor Storage/Display Screening.............................................................Section 5.03 Code of Ordinances Cross Reference: (Fencing Standards), Chapter 13, § 7.01 Portable Home Storage Units ......................................................................Section 5.04 Penalty .........................................................................................................Section 5.05 CHAPTER 9 – PARKS & RECREATION Article I – Parks and Recreation Board Definitions....................................................................................................Section 1.01 Board Established/Number of Members/Terms Established Qualifications ..........................................................................................Section 1.02 Powers and Duties of the Board ..................................................................Section 1.03 Procedures of the Board..............................................................................Section 1.04 Article II - Marshall Creek Park Definitions ....................................................................................................Section 2.01 Hours Open To The Public / Signage ..........................................................Section 2.02 General Prohibitions ....................................................................................Section 2.03 Exemptions..................................................................................................Section 2.04 Enabling Provision .......................................................................................Section 2.05 Vehicles, Speed and Traffic.........................................................................Section 2.06 Operation of All-Terrain Vehicles, Motorcycles, Mopeds and Motor-Driven Cycles ..........................................................Section 2.07 Usage Fees..................................................................................................Section 2.08 Special Event Permit Application Procedure................................................Section 2.09 Reasons For Special Event Permit Denial ...................................................Section 2.10 Appeals of Special Event Permit Denial or Conditional Approval ..........................................................................Section 2.11 CHAPTER 10 - PUBLIC SAFETY Article I - Creation of Police Department Creation of Police Department.....................................................................Section 1.01 Standards.....................................................................................................Section 1.02 Chief of Police .............................................................................................Section 1.03 Duties of Police Officers...............................................................................Section 1.04 Police Reserve .............................................................................................Section 1.05 Duties of Police Officers...............................................................................Section 1.06 Article II - Traffic & Vehicles Definitions....................................................................................................Section 2.01 Speed of Vehicle ..........................................................................................Section 2.02 Traffic Control Devices.................................................................................Section 2.03 Impairing Visibility ........................................................................................Section 2.04 Parking .........................................................................................................Section 2.05 Code of Ordinances Cross Reference: (Parking Permit Fees) Chapter 1, § 8.11; Overweight Vehicles ....................................................................................Section 2.06 Code of Ordinances Cross Reference: (Overweight Vehicle Transportation), Chapter 1, § 8.11 Penalty .........................................................................................................Section 2.07 Article III - Alarm Systems Disclaimer....................................................................................................Section 3.01 Definitions....................................................................................................Section 3.02 Permit Required; Application, Issuance .......................................................Section 3.03 Cross Reference Code of Ordinances: (Alarm Permit Fees), Chapter 1, § 8.11; ; Chapter 10, § 3.18 Permit Duration and Removal......................................................................Section 3.04 Proper Alarm System Operation and Management .....................................Section 3.05 Manual Reset Required ...............................................................................Section 3.06 Reporting of Alarm Signals ..........................................................................Section 3.07 Alarm Reporting ...........................................................................................Section 3.08 Recordkeeping .............................................................................................Section 3.09 Automatic Dialing Prohibited........................................................................Section 3.10 Alarm System Operating Instructions ...........................................................Section 3.11 Alarm Dispatch Records ..............................................................................Section 3.12 System Performance Reviews.....................................................................Section 3.13 Service Fee; False Alarm Notification..........................................................Section 3.14 Revocation of Alarm Permit .........................................................................Section 3.15 Appeal of Denial or Revocation of a Permit .................................................Section 3.16 Forfeiture of Application Fee Upon Revocation of Permit ............................Section 3.17 Reapplication of Permit After Revocation ....................................................Section 3.18 Code of Ordinances Cross Reference: (Permit Fees), Chapter 10, § 3.03 & Chapter 1, § 8.11 Exemption of Certain Government Bodies...................................................Section 3.19 Penalties......................................................................................................Section 3.20 Article IV – Peddlers and Solicitors Definitions....................................................................................................Section 4.01 Commercial Solicitation ...............................................................................Section 4.02 Code of Ordinances Cross Reference: (Soliciting Permit Fee), Chapter 1, § 8.11 Charitable Solicitations ................................................................................Section 4.03 Code of Ordinances Cross Reference: (Soliciting Permit Fee), Chapter 1, § 8.11 Religious Solicitations..................................................................................Section 4.04 Child Solicitations.........................................................................................Section 4.05 Penalty.........................................................................................................Section 4.06 Article V - Discharge of Firearms Discharge of Firearms Prohibited.................................................................Section 5.01 Penalty .........................................................................................................Section 5.02 Article VI – Use of Fireworks Definitions....................................................................................................Section 6.01 General Prohibition Against Manufacture, Sale, Discharge Transportation, Etc. ...........................................................Section 6.02 Permitted Transportation .............................................................................Section 6.03 Certain Signal Flares, Torpedoes and Rockets Exempt .....................................................................................Section 6.04 Toy Pistol Caps Containing Less Than Twenty-Five One-Hundredths Rains of Explosive Compounds Excepted...................Section 6.05 Illegal Fireworks as Nuisance; Seizure and Destruction, etc........................Section 6.06 Right of Entry to Enforce Ordinance ............................................................Section 6.07 Public Displays – When Permitted...............................................................Section 6.08 Application for Permit...................................................................................Section 6.09 Issuance or Denial and Term of Permit; Permit Not Transferable..........................................................................Section 6.10 Issuance or Bond Required..........................................................................Section 6.11 Only Aerial Displays Permitted.....................................................................Section 6.12 Material Not to be Stored in Town................................................................Section 6.13 Hazardous Conditions Prohibited.................................................................Section 6.14 Qualifications of Person Handling Fireworks................................................Section 6.15 Firemen to be Present .................................................................................Section 6.16 Violation of Ordinance..................................................................................Section 6.17 Time Within Which to Comply; Five Thousand Feet ....................................Section 6.18 Penalty .........................................................................................................Section 6.19 Article VII – Emergency Situations Response to Emergency..............................................................................Section 7.01 Article VIII – Comprehensive Emergency Management Organization.................................................................................................Section 8.01 Emergency Management Director – Powers and Duties .............................Section 8.02 Emergency Management Plan.....................................................................Section 8.03 Interjurisdictional Program ...........................................................................Section 8.04 Override .......................................................................................................Section 8.05 Liability.........................................................................................................Section 8.06 Commitment of Funds..................................................................................Section 8.07 Offenses; Penalties......................................................................................Section 8.08 Penalty .........................................................................................................Section 8.09 Article IX - Sale of Vehicles on Private or Public Streets Prohibition....................................................................................................Section 9.01 Penalty .........................................................................................................Section 9.02 Article X - Emergency Medical Services Definitions....................................................................................................Section 10.01 Emergency Medical Service Provided by Town...........................................Section 10.02 Fee...............................................................................................................Section 10.03 Code of Ordinances Cross Reference: (EMS Fees), Chapter 1, § 8.07 Responsibility to Pay Fee ............................................................................Section 10.04 Where Fess Incurred ...................................................................................Section 10.05 False Statement of Emergency....................................................................Section 10.06 Penalty .........................................................................................................Section 10.07 Article XI - Motor Assisted Scooters Definitions....................................................................................................Section 11.01 Restrictions and Prohibition for Motor Assisted Scooters ............................Section 11.02 Penalty .........................................................................................................Section 11.03 CHAPTER 11 – PUBLIC WORKS Article I - Refuse, Recyclable, And Hazardous Waste Materials Definitions....................................................................................................Section 1.01 Refuse, Recyclable, And Hazardous Waste Materials .................................Section 1.02 Residential Collection of Brush....................................................................Section 1.03 Residential Collection Charges ....................................................................Section 1.04 Residential Collection of Hazardous Waste Materials..................................Section 1.05 Residential Collection of Hazardous Waste Materials..................................Section 1.06 Duties of Commercial, Institutional, Industrial and Residential Customers .....................................................Section 1.07 Commercial, Institutional and Industrial Collection.......................................Section 1.08 Prohibited Acts .............................................................................................Section 1.09 Article II – Scavenging Refuse Definitions....................................................................................................Section 2.01 Scavenging Discarded Material Prohibited ..................................................Section 2.02 Exceptions ...................................................................................................Section 2.03 Penalty .........................................................................................................Section 2.04 Article III – Management of Public Right(s)-of-Way Definitions....................................................................................................Section 3.01 Provider Registration; Permitting and Notice Requirements........................Section 3.02 Right(s)-of-Way and Construction................................................................Section 3.03 Construction/Maintenance/Repair ................................................................Section 3.04 Trees/Landscaping ......................................................................................Section 3.05 Attachments to Space in Ducts....................................................................Section 3.06 Temporary Removal of Aerial Wires ............................................................Section 3.07 Restoration...................................................................................................Section 3.08 Safety ...........................................................................................................Section 3.09 Provider Responsibility ................................................................................Section 3.10 Insurance.....................................................................................................Section 3.11 Penalty .........................................................................................................Section 3.12 Governing Law.............................................................................................Section 3.13 Indemnity .....................................................................................................Section 3.14 Surety ..........................................................................................................Section 3.15 Director’s Authority/Enforcement/Offenses..................................................Section 3.16 Venue ..........................................................................................................Section 3.17 Notice ...........................................................................................................Section 3.18 Article IV - Public Stormwater Drainage Utility Definitions....................................................................................................Section 4.01 Adoption of Findings ....................................................................................Section 4.02 Designation of Program Responsibility ........................................................Section 4.03 Exemption....................................................................................................Section 4.04 Penalty ........................................................................................................Section 4.05 Article V – Stormwater Drainage Fees Definitions ...................................................................................................Section 5.01 Findings and Determinations .......................................................................Section 5.02 Stormwater Drainage Utility Fees Schedule.................................................Section 5.03 Code of Ordinances Cross Reference: (Stormwater Utility Drainage Fees), Chapter 1, § 8.03 Billing, Payment, And Penalties ...................................................................Section 5.04 Adjustment of Fees......................................................................................Section 5.05 Stormwater Drainage Utility Fund................................................................Section 5.06 Exemption....................................................................................................Section 5.07 Penalty .........................................................................................................Section 5.08 Article VI – Storm Water Runoff General Provisions.......................................................................................Section 6.01 Definitions....................................................................................................Section 6.02 Conduct and Affirmative Defenses – Prohibited...........................................Section 6.03 Nuisances....................................................................................................Section 6.04 Runoff From Construction Activity................................................................Section 6.05 Erosion Control Deposit Account .................................................................Section 6.06 Maintenance and Repair of Storm Water Facilities ......................................Section 6.07 Administration and Enforcement..................................................................Section 6.08 Penalty .........................................................................................................Section 6.09 Article VII – Septic Tanks Construction.................................................................................................Section 7.01 Exemption....................................................................................................Section 7.02 Penalty .........................................................................................................Section 7.03 CHAPTER 12 – SUBDIVISION RULES & REGULATIONS Code of Ordinances Cross Reference: (Subdivision Regulation), Chapter 1, § 1.08 Article I – General Provisions and Requirements Title ..............................................................................................................Section 1.01 Authority.......................................................................................................Section 1.02 Purpose .......................................................................................................Section 1.03 Conditions....................................................................................................Section 1.04 Jurisdiction...................................................................................................Section 1.05 Consistency with Plans and Ordinances ......................................................Section 1.06 Code of Ordinances Cross Reference: (Comprehensive Zoning Ordinance) Chapter 13 Special Provisions........................................................................................Section 1.07 Interpretation / Conflict.................................................................................Section 1.08 Amendments................................................................................................Section 1.09 Article II – Definitions General ........................................................................................................Section 2.01 Definitions....................................................................................................Section 2.02 Article III – General Plat Submittal Requirements Requirements to Plat ...................................................................................Section 3.01 Preliminary Conference ...............................................................................Section 3.02 Plat Submittal ...............................................................................................Section 3.03 Code of Ordinances Cross Reference: (Plat Fees), Chapter 1, § 8.04 Approval Procedure – Overview ..................................................................Section 3.04 Criteria for Plat Approval..............................................................................Section 3.05 Staff Review of Plat Application ...................................................................Section 3.06 Preliminary Plats..........................................................................................Section 3.07 Code of Ordinances Cross Reference: (Preliminary Plat Fees), Chapter 1, § 8.04 Final Plats....................................................................................................Section 3.08 Code of Ordinances Cross Reference: (Final Plat Fees), Chapter 1, § 8.04 Vacation Instrument, Replatting and Amended Plat.....................................Section 3.09 Code of Ordinances Cross Reference: (Plat Vacation, Replat & Amended Plat Fees), Chapter 1, § 8.04 Short Form Plat ............................................................................................Section 3.10 Code of Ordinances Cross Reference: (Short Form Plat Fees), Chapter 1, § 8.04 Dedication....................................................................................................Section 3.11 Code of Ordinances Cross Reference: (Dedication), Chapter 13, § 5.07 Provision of Utility Service............................................................................Section 3.12 Undergrounding of Utilities...........................................................................Section 3.13 Article IV – Improvements Responsibility for Construction.....................................................................Section 4.01 Prior Approval of Engineering Designs ........................................................Section 4.02 Inspection.....................................................................................................Section 4.03 As-Built Plans...............................................................................................Section 4.04 Engineer’s Certificate...................................................................................Section 4.05 Article V – Subdivision Design Standards General ........................................................................................................Section 5.01 Blocks ..........................................................................................................Section 5.02 Lots..............................................................................................................Section 5.03 Streets .........................................................................................................Section 5.04 Sidewalks and Extra Width Paths ................................................................Section 5.05 Water, Sewer and Fire.................................................................................Section 5.06 Utility Easements .........................................................................................Section 5.07 Monuments, Lot Markers and Benchmarks..................................................Section 5.08 Natural Tree and Ground Cover...................................................................Section 5.09 Article VI – Enforcements Appeal ..........................................................................................................Section 6.01 Penalty for Violators of Regulations .............................................................Section 6.02 Town Attorney’s Authority............................................................................Section 6.03 Cross Reference Code of Ordinances: (Town Attorney Authority), Chapter 12 § 6.03 Waivers to the Subdivision Regulations .......................................................Section 6.04 Article VII - Developer’s Agreement, Financial Assurance and Construction Contracts for Public Improvements Procedures ..................................................................................................Section 7.01 Performance Bonds, Payment Bonds, Maintenance Bonds & Financial Assurances...............................................................Section 7.02 Inspections and Approval of Public Improvements ......................................Section 7.03 Deferral or Waiver of Required Improvements.............................................Section 7.04 General Construction Requirements............................................................Section 7.05 Approval of Work .........................................................................................Section 7.06 Ownership and Maintenance of Completed Public Facilities .......................Section 7.07 Refund to Developer From Future Connections to Sanitary Sewer System..................................................Section 7.08 Article VIII – Tree Preservation and Removal Definitions....................................................................................................Section 8.01 Code of Ordinances Cross Reference: (Trees), Chapter 13, § 7.03 Tree Board...................................................................................................Section 8.02 Tree Preservation ........................................................................................Section 8.03 Code of Ordinances Cross Reference: (Trees), Chapter 13, § 7.03 Information Assistance.................................................................................Section 8.04 Protected Trees ...........................................................................................Section 8.05 Code of Ordinances Cross Reference: (Trees), Chapter 13, § 7.03 Specimen Trees...........................................................................................Section 8.06 Code of Ordinances Cross Reference: (Trees), Chapter 13, § 7.03 Majestic or Historic Trees.............................................................................Section 8.07 Code of Ordinances Cross Reference: (Trees), Chapter 13, § 7.03 Tree Removal and Replacement .................................................................Section 8.08 Code of Ordinances Cross Reference: (Trees), Chapter 13, § 7.03; (Tree Preservation Permit Fees), Chapter 1, § 8.03 Tree Protection Measures............................................................................Section 8.09 Code of Ordinances Cross Reference: (Trees), Chapter 13, § 7.03 Tree Permits ................................................................................................Section 8.10 Code of Ordinances Cross Reference: (Trees), Chapter 13, § 7.03; (Tree Preservation Permit Fees), Chapter 1, § 8.03 Land Disturbing Activities.............................................................................Section 8.11 Code of Ordinances Cross Reference: (Trees), Chapter 13, § 7.03; (Grading Permit Fee), Chapter 1, § 8.03 CHAPTER 13 – ZONING Article I – Intent, Purpose and Methods Short Title.....................................................................................................Section 1.01 Purpose .......................................................................................................Section 1.02 Official Zoning Map......................................................................................Section 1.03 Rules For Interpretation of District Boundaries ............................................Section 1.04 General Provisions.......................................................................................Section 1.05 Newly Annexed Territory..............................................................................Section 1.06 Zoning Designation of Vacated Streets and Alleys......................................Section 1.07 Water Areas.................................................................................................Section 1.08 Article II – Definitions Catchlines....................................................................................................Section 2.01 General Definitions ......................................................................................Section 2.02 Article III – Establishment of Districts District Classifications..................................................................................Section 3.01 Classification of New and Unlisted Properties..............................................Section 3.02 Use Table.....................................................................................................Section 3.03 Article IV – District Regulations R-15 Single Family District Regulations.......................................................Section 4.01 R-12 Single Family District Regulations.......................................................Section 4.02 R-11 Single Family District Regulations.......................................................Section 4.03 R-10 Single Family District Regulations.......................................................Section 4.04 R-9 Single Family District Regulations.........................................................Section 4.05 R-8 Single Family District Regulations.........................................................Section 4.06 R-FV Fairway Village Single Family District Regulations.............................Section 4.07 R-TT Twenty in Trophy Single Family District Regulations..........................Section 4.08 R-OH Oak Hill Single Family District Regulations ........................................Section 4.09 R-OHP Oak Hill Patio Single Family District Regulations ............................Section 4.10 R-S Summit Single Family District Regulations ...........................................Section 4.11 MH-HUD Code Manufactured Home and Industrialized Housing District Regulations.............................................Section 4.12 PD-Planned Development District Regulations............................................Section 4.13 NS - Neighborhood Service District Regulations..........................................Section 4.14 CG - Commercial General District Regulations............................................Section 4.15 CR - Commercial Recreation District Regulations .......................................Section 4.16 PO - Professional Office District Regulations...............................................Section 4.17 GU - Governmental Use District Regulations...............................................Section 4.18 H - Historic Landmark ..................................................................................Section 4.19 Article V – Supplementary District Regulations Temporary Uses ..........................................................................................Section 5.01 Sale of Alcoholic Beverages ........................................................................Section 5.02 Accessory Structures and Uses ...................................................................Section 5.03 Height Limits ................................................................................................Section 5.04 Required Yards ............................................................................................Section 5.05 Projections into Required Yards...................................................................Section 5.06 Right-of-Way and Easement Dedication Requirements ...............................Section 5.07 Code of Ordinances Cross Reference: (Dedication), Chapter 12, § 3.11 Nonconforming Uses and Structures ...........................................................Section 5.08 Site Plan Requirements ...............................................................................Section 5.09 Wireless Antennas & Antenna Facilities ......................................................Section 5.10 Home Occupations ......................................................................................Section 5.11 Oil and Gas Well Drilling & Production .........................................................Section 5.12 Code of Ordinances Cross Reference: (Oil and Gas Well Manual), Chapter 5, § 6.01-6.03; (Oil and Gas Well Site Plan), Chapter 5, § 6.02; (Oil and Gas Well Permit Fees), Chapter 1, § 8.04 Article VI – Conditional & Specific Uses Conditional Use Permits ..............................................................................Section 6.01 Specific Use Permits....................................................................................Section 6.02 Article VII – Development & Design Standards Fencing, Retaining Walls and Screening .....................................................Section 7.01 Code of Ordinances Cross Reference: (Fence Permit Fee), Chapter 1, § 8.03; (Animal Run Permit Fee), Chapter 1, § 8.03; (Authorized Animals), Chapter 2, Article I; (Retaining Wall Permit Fee), Chapter 1, § 8.03; (Pool Screening) Chapter 3, § 15.04; (Shrubs, Hedges, Live Screening), Chapter 13, § 7.03; (Outdoor Storage/Display Screening), Chapter 8, § 5.03 Deleted in Revision......................................................................................Section 7.02 Landscaping Regulations.............................................................................Section 7.03 Code of Ordinances Cross Reference: (Shrubs, Hedges, Live Screening), Chapter 13, § 7.01; (Sight Distance Visibility), Chapter 13, § 9.10; (Trees), Chapter 12, § 8.01-8.11 Off-Street Parking Requirements.................................................................Section 7.04 Off-Street Loading Requirements ................................................................Section 7.05 Parking and Loading Area Development Standards For Non-Residential Uses.......................................................................Section 7.06 Article VIII – Administration & Enforcement Administration and Enforcement..................................................................Section 8.01 Certificates of Occupancy and Compliance .................................................Section 8.02 Amendments................................................................................................Section 8.03 Planning and Zoning Commission ...............................................................Section 8.04 Code of Ordinances Cross Reference: (Planning & Zoning Commission), Chapter 1, § 1.08; (General Duties), Chapter 1, § 1.08 Board of Adjustment ....................................................................................Section 8.05 Code of Ordinances Cross Reference: (Zoning Board of Adjustment), Chapter 1, § 1.08 (Fees), Chapter 1, § 8.05 Public Hearings ............................................................................................Section 8.06 Exceptions and Exemptions Not Required to be Negated ...........................Section 8.07 Penalty .........................................................................................................Section 8.08 Article IX - Illustrations First Floor Designation and Measurement of Height of Structure..............................................................................Section 9.01 Height Measurement For Primary Structure And Accessory Building..........................................................................Section 9.02 Determining Set – Back Distance Along Curved Property Lines............................................................................Section 9.03 Method of Measuring Front Yard .................................................................Section 9.04 Front Yard Where Zoning Changes In a Block.............................................Section 9.05 Lot Width......................................................................................................Section 9.06 Lot Depth .....................................................................................................Section 9.07 Yards ...........................................................................................................Section 9.08 Obstruction Zone .........................................................................................Section 9.09 Sight Distance Zone (Plan View).................................................................Section 9.10 Code of Ordinances Cross Reference: (Sight Distance Visibility), Chapter 13, § 7.03 CHAPTER 14 – CONSTRUCTION DESIGN SPECS Chapter 1 – Administration Chapter 1 - Administration Chapter 1 – Administration Article I The Charter Section 1.01 Form of Government & Boundaries A. Incorporation, Corporate Name All citizens of the Town of Trophy Club, in Denton and Tarrant Counties, Texas, within the boundaries of said Town now established or as hereinafter established in the manner provided by law shall continue to be a municipal body politic and corporate in perpetuity under the name “Town of Trophy Club” hereinafter referred to as the “Town” with such powers, rights, authority, privileges, obligations and immunities as are herein provided and as otherwise provided by law. B. Form of Government The municipal government provided by this Charter shall be known as the "council-manager government". Pursuant to its provisions and subject only to the limitations imposed by the Texas Constitution, and the laws of the State of Texas, and by this Charter, all powers of the Town shall be vested in an elective council, hereinafter referred to as the "Council" which shall enact legislation, adopt budgets, determine policies, and appoint the Town Manager, who shall execute the laws and administer the government of the Town. All powers of the Town shall be exercised in the manner prescribed by this Charter, or if the manner be not prescribed, then in such manner as may be prescribed by Code or State law. C. Boundaries The boundaries of the Town shall be as they have been established previously, now exist, and as hereinafter amended by the Council in accordance with the law and a map of such boundaries shall be on file with the Town Secretary. D. Annexation 1. The Council shall have the power by ordinance to fix boundaries of the Town and to provide for the alteration or the extension of said boundaries, pursuant to any laws of the State of Texas now or hereinafter enacted, with or without the consent of the owners or inhabitants of such territory. 2. The annexation ordinance shall describe the territory to be annexed. Notice shall be published and public hearings held as required by State law. Amendments not enlarging or extending the boundaries set forth in the proposed ordinance may be incorporated into the proposed ordinance without the necessity of republication of said notice. The additional territory annexed shall be a part of the Town and the property situated therein shall bear its pro rata part of the taxes levied by the Town as provided by State law. The inhabitants thereof shall be entitled to all the rights and privileges of other citizens and shall be bound by the acts, ordinances, resolutions and regulations of the Town. E. Disannexation The Council may, by ordinance, disannex any territory within the corporate boundaries of the Town, if the Council determines the territory is not necessary or suitable for Town purposes or if it is Chapter 1 – Administration determined that disannexation is required as a result of a valid municipal purpose, and may exchange territory with other municipalities. When the disannexation ordinance is passed, the disannexed territory shall cease to be a part of the Town. The disannexed territory shall remain liable for its pro rata share of any indebtedness incurred while the area was a part of the Town and the Town shall continue to levy, assess and collect taxes on the property in the disannexed territory until such indebtedness has been paid. (Adopted 11-15-04) Chapter 1 – Administration Section 1.02 Powers of the Town A. Enumerated Powers Not Exclusive The Town shall have the powers which are herein expressly provided as well as all powers that are now or which hereafter may be granted to municipalities by the Constitution or laws of the State of Texas, together with all the implied powers necessary to execute such granted powers. The enumeration of particular powers in the Charter shall not be held or deemed to be exclusive of those powers not expressly enumerated but shall be cumulative and shall not be interpreted as limiting the Town’s power in any way. B. Eminent Domain The Town shall have full right, power and authority to exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this Charter, or by the Constitution, by the laws of the State of Texas or by Town ordinance. The power of eminent domain hereby conferred shall include the right of the Town to take the fee, easement and other interest in the lands so condemned, and such power and authority shall include the right to condemn public and private property for such purposes. The Town shall have and possess this power of condemnation of property within or without the corporate limits for any municipal or public purposes, even though not specifically enumerated herein or in this Charter. C. Power to Acquire Property Inside and Outside the Town for Any Lawful Purposes The Town shall have the power to sell and to acquire by purchase either private or public property located inside or outside of the corporate limits for any lawful purposes. Chapter 1 – Administration Section 1.03 The Council A. Number, Selection, Term The Council shall consist of six (6) members, a Mayor and five (5) Councilmembers, elected from the Town at large in the manner provided in Section 1.05, for a term of two years or until their successors have been elected and take office as provided in Section 1.05. Upon adoption of this Charter, all duly elected or appointed members of Council and Mayor shall remain in office until their term of office expires. B. Qualifications 1. Each person who becomes a candidate for Mayor or Councilmember shall meet the following qualifications: a. Be at least twenty-one (21) years of age on the first day of the form to be filed or date of appointment; b. Be a citizen of the United States; c. Be a qualified voter of the Town; d. Reside and have resided for at least twelve (12) months preceding the election within the corporate limits of the Town; e. No candidate may file for more than one office or position number per election; and, f. No employee of the Town shall continue in such position after becoming a candidate for a Town elective office. 2. When any member of the Council no longer possesses all of the qualifications specified in this section, or is convicted of a felony or any offense involving moral turpitude while in office, the office shall immediately and automatically become vacant. The Council shall be the judge of the qualifications of its members in accordance with this Section 1.03(B)(2) and for these purposes shall have the power to subpoena witnesses and require the production of records. C. Council Judge of Election of Members The Council shall be the judge of the election and qualifications of its own members, subject to review of the courts in case of contest. The Council shall after each regular or special election, canvass the return and declare the results of each election as required by law. D. Vacancies, Forfeiture of Office, Filling of Vacancies 1. The office of the Mayor or a Councilmember shall become vacant upon the Mayor or Councilmember's death, resignation, removal from office (in any manner authorized by law), or forfeiture of office. 2. The Mayor or a Councilmember shall forfeit his office if during a term of office, the Mayor or Councilmember: Chapter 1 – Administration a Lacks any qualification for the office prescribed by this Charter or by other law; b. Is convicted of a felony crime or is convicted of a crime involving moral turpitude; or, c. Fails to attend three consecutive regular meetings of the Council without being excused by the Council. The Council shall, by an affirmative 3/4 vote of the entire membership, be the judge in matters involving forfeiture of office by a Councilmember or the Mayor. Forfeiture of office pursuant to this section may be appealed to an appropriate court as provided by law. 3. When one or more vacancies occur at any one time, a special election shall be called by the Council for the next date available under the Texas Election Code to fill the vacancies in the same manner as described herein for regular elections. However, if such vacancies occur within ninety (90) days of a regular election, then no special election shall be called and remaining Councilmembers shall appoint qualified persons to fill the vacancies until the regular election. Notwithstanding any other provision of this Charter to the contrary, if, at any time, the membership of the Council is reduced to less than four (4), the remaining members may by majority action appoint additional members to raise the membership to four (4). These appointees shall serve until the positions can be filled at the next regular or special Town election. E. Compensation The Mayor and Councilmembers shall serve without pay or compensation; provided, however, that they shall be entitled to reimbursement of any necessary expenses incurred in the performance of their official duties, when approved by Council or their designee. F. Mayor The Mayor shall preside over the meetings of the Council, and perform such other duties consistent with the office as may be imposed upon him by this Charter and by ordinances and resolutions passed in pursuance thereof. He may participate in the discussion of all matters coming before the Council and in case of a tie vote, he shall have a casting vote. He shall sign, after authorization by the Council, all contracts, conveyances made or entered into by the Town, all bonds, warrants and any other obligations issued under the provisions of this Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation. He shall be recognized as the official head of the Town by the courts for the purpose of serving civil process, by the Governor for the purpose of enforcing military law and for all ceremonial purposes. G. Mayor Pro-Tem The Council, at its first meeting after election of Councilmembers, shall elect one of its number as Mayor Pro Tem. He shall perform all the duties of the Mayor in the absence or disability of the Mayor. H. Powers of the Council All powers of the Town, and the determination of all matters of policy, shall be vested in the Council. Without limitation of the foregoing, and among the other powers that may be exercised by the Council, the following are hereby enumerated for greater certainty: Chapter 1 – Administration 1. Appoint and remove a Town Manager as hereinafter provided; 2. Adopt the budget of the Town; 3. Authorize the issuance and sale of bonds by a bond ordinance; 4. Inquire into the conduct of any office, department or agency of the Town and authorize investigations as to municipal affairs; 5. Provide for such additional boards, commissions and corporations not otherwise provided for in this Charter, as may be deemed necessary, and appoint the members of all such boards, commissions and corporations. Such boards, commissions and corporations shall have all powers and duties now or hereafter conferred and created by this Charter, by Town ordinance or by State law; 6. Adopt and modify the zoning plan, and a building code, including electrical and plumbing codes, of and for the Town; and to require building permits; 7. Adopt and modify the official map of the boundaries of the Town and its extraterritorial jurisdiction; 8. Adopt, modify and carry out plans proposed by the Town Planning and Zoning Commission for the clearance of slum districts and rehabilitation of blighted areas; 9. Adopt, modify and carry out plans proposed by the Town Planning and Zoning Commission for the re-planning, improvement and redevelopment of any area or district which may have been destroyed in whole or in part by disaster; 10. Regulate, license and fix the charges or fares made by any person, firm or corporation owning, operating or controlling any vehicle of any character used for the carrying of passengers for hire or the transportation of freight for hire on the public streets and alleys of the Town; 11. Provide for the establishment and designation of fire limits, and prescribe the kind and character of buildings or structures or improvements to be erected therein; provide for the erection of fireproof buildings within said limits; provide for the condemnation of dangerous structures, buildings, dilapidated buildings or buildings calculated to increase the fire hazard, and prescribe the manner of their removal or destruction, within said limits; 12. Provide for a sanitary sewer and water system, and require property owners to connect their premises with sewer system and provide the penalties for failure to make sanitary sewer connections; 13. Provide for sanitary garbage disposal, and set fees and charges therefore, and provide penalties for failure to pay such fees and charges; define nuisances and to prohibit same, and provide penalties for violations; 14. Provide for all necessary public utilities and set fees and charges therefore and provide penalties for misuses of same; 15. Exercise exclusive dominion, control and jurisdiction (including the right to close and abandon streets and alleys) in, upon, over and under the public streets, avenues, sidewalks, alleys, highways, boulevards and public grounds of the Town; provide for the improvement of same as set forth in State law or as determined appropriate by the Council in order to meet a municipal purpose; Chapter 1 – Administration 16. Compromise and settle any and all claims, demands and lawsuits, of every kind and character, in favor of, or against, the Town; 17. Require bonds, both special and general, of such contractors and others constructing or building for the Town as Council determines appropriate, and to set up standards, rules and regulations therefore; 18. Pass ordinances defining and prohibiting misdemeanors and provide penalties for violations; 19. Provide and/or arrange for any and all "civil defense measures" and "public shelter measures" for the Town and for the citizens thereof, deemed necessary for the public welfare; 20. Exercise, or delegate to the Mayor, extraordinary and total executive powers (on a temporary basis) during the existence and duration of any major public disaster, for the public welfare; and, 21. Name and designate an "Official Newspaper" for the Town and cause only the caption of duly enacted ordinances to be published except as provided otherwise by law. I. Meetings of the Council The Council shall hold at least two (2) regular meetings a month for at least seven (7) months and a minimum of one meeting during each of the other five (5) months at a time to be fixed by Council for such regular meetings. Council may hold as many other meetings as may be necessary for the transaction of the business of the Town. All regular meetings shall be held at the Municipal Building or at such other places within town limits as will permit the attendance of the general public. All meetings will be held in accordance with open meeting laws of the State of Texas. J. Special Meetings The Mayor or any three (3) members of the Council may call special meetings by giving notice to the Town Secretary of the nature of the meeting, the items for consideration, and the proposed date and time of the meeting. The Town Secretary shall notify each member of the Council of the time of such meeting and purpose thereof. Only matters mentioned in the call shall be considered. K. Rules of the Council 1. The Council shall determine its own rules of procedure and may compel the attendance of its members. Minutes of the proceedings of the Council shall be kept, to which any citizen may have access at all reasonable times and which shall constitute one of the archives of the Town. 2. Any item requested by one (1) or more members of the Council or by the Town Manager shall be placed on the agenda by the Town Secretary. The Mayor will establish the order of the agenda for each Council meeting. The Town Secretary shall prepare the agenda, which shall be publicly posted in accordance with the Texas Open Meetings Act. 3. The rules shall provide that citizens of the Town shall have a reasonable opportunity to be heard at any meeting. L. Quorum Chapter 1 – Administration A majority of the Council, not including the Mayor, shall constitute a quorum to do business. A number less than a quorum may adjourn from time to time and compel the attendance of absent members. Except as otherwise specifically provided herein or as provided by law, three (3) Councilmembers, shall constitute a quorum for the purpose of transaction of business and no action of the Council shall be valid or binding unless adopted by the affirmative vote of three (3) or more members of the Council, or as required by State law or this Charter. If the Council is reduced to less than three (3) members on account of vacancies, the remaining members shall constitute a quorum for the sole purpose of calling an election. M. Interference in Town Manager Appointments and Removals or Duties Neither the Council nor any of its members shall direct or request the appointment of any person to or his removal from office by the Town Manager or by any of his subordinates. However, the Council may consult and advise with the Town Manager, make inquiry regarding the appointments or removals and may express their opinion in regard thereto. In regard to administrative and executive duties under the Town Manager, the Council and its members shall deal solely through the Town Manager, either publicly or privately. N. Action Requiring an Ordinance In addition to other acts required by law or by specific provision of this Charter to be done by ordinance, those acts of the Council shall be by ordinance which: 1. Adopt or amend an administrative code; 2. Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed; 3. Levy taxes; 4. Grant, renew or extend a franchise; 5. Regulate the rate charged for its services by a public utility; 6. Authorize the borrowing of money that cannot be repaid within the current fiscal year; 7. Convey, lease or authorize the conveyance or lease of any lands of the Town; 8. Regulate land use and development; 9. Amend or repeal any ordinance previously adopted; and, 10. Adopt an annual budget. Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution provided that such action is in compliance with applicable law. O. Form of Ordinances Every proposed ordinance shall be introduced in writing and in substantially the form required for final adoption. The subject of the ordinance shall be clearly expressed in its title. The enacting clause of every ordinance shall be in accordance with State law. Any ordinance which repeals or Chapter 1 – Administration amends an existing ordinance or part of the Town code shall clearly set forth the provision or provisions being repealed or amended and, if amended, shall further clearly set forth the amendment being made. P. Procedure for Enacting Ordinances and Resolutions; Publications 1. Ordinances and resolutions may be passed at any regular meeting or special meeting called for that purpose provided notice has been given in accordance with the Texas Open Meetings Act. 2. All ordinances, exclusive of emergency ordinances defined by Section 1.03(Q) of this Charter, shall be considered and passed in open meeting of the Council. All persons interested shall have the opportunity to be heard. The Town Attorney shall opine as to legality all ordinances prior to final adoption. Every ordinance, resolution or motion shall require on passage the affirmative vote of three (3) or more members of Council present unless more is required by State law. 3. The descriptive caption or title of an ordinance that imposes a penalty, fine or forfeiture, and the penalty for violating the ordinance, shall be published at least once in the official newspaper of the Town. 4. An ordinance required to be published takes effect when the publication requirement is satisfied, unless the ordinance provides otherwise. An ordinance that is not required to be published takes effect when adopted unless the ordinance provides otherwise. 5. All ordinances and resolutions may be admitted and received in all courts, subject to the rules of evidence and laws of jurisdictions where proof of such ordinances and resolutions are tendered, without further proof. Q. Emergency Ordinances The Council may adopt emergency ordinances only to meet public emergencies affecting the life, health, property or the public peace in accordance with State law. In particular, such ordinances shall not levy taxes, grant or renew or extend a franchise or regulate the rate charged by any public utility for its services. An emergency ordinance shall be introduced in the form and manner generally prescribed for ordinances, except that it shall be plainly designated in the title as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance can be adopted with or without amendment or rejected at the meeting at which it was introduced. The affirmative vote of three (3) members of the Council shall be required for adoption. After adoption the ordinance shall be published as required by law, but may become effective immediately upon enactment. R. Bonds for Employees The Town Manager and the Town Secretary and such other Town officers and employees as the Council may require, shall, before entering upon the duties of their office, enter into a good and sufficient fidelity bond in a sum to be determined by the Council payable to the Town, and conditioned upon the faithful discharge of the duties of such persons, and upon the faithful accounting for all monies, credits and things of value coming into the hands of such persons, and such bonds shall be signed as surety by some company authorized to do business under the laws of the State of Texas. Premium of such bonds shall be paid by the Town, and such bonds must be acceptable to the Council. Chapter 1 – Administration S. Investigative Powers of the Council The Council shall have the power to authorize an inquiry or investigation into the official conduct of any department, agency, officer or employee, of the Town. T. Audit and Examination of Town Books and Accounts The Council shall cause an independent annual audit to be made of the books and accounts of every department of the Town and may provide for more frequent audits as it deems necessary. Such audit shall be made by a Certified Public Accountant who shall be selected by the Council and who shall have no interest, direct or indirect, in the financial affairs of the Town government or in any of its officers. The Council may designate such accountant or firm annually or for a period not exceeding two (2) years, provided that the designation for any particular year shall be made no later than thirty (30) days after the beginning of such fiscal year. Nothing herein shall prevent the Council from redesignating the same accountant or firm which has previously been designated to prepare an audit. No Certified Public Accountant shall serve more than six (6) consecutive years. U. Indemnification of Officers The Council may, by appropriate ordinance, provide for the indemnification and defense of the officers and employees of the Town, including members of the Council, or any board, commission, or committee, including volunteers, against any loss, cost, or expense, including court costs and attorneys’ fees, to the extent allowed by law, arising out of any claim, suit, or judgment, or settlement thereof, resulting from any alleged negligent act or omission of such officer, employee, member, or volunteer during the discharge of his duties and within the scope of his office, employment, membership, or assigned voluntary position with the Town, or in any other case where the Town is directed or authorized by law to do so, provided however, that such indemnification will not be provided for any act arising out of the intentional or knowing violation of any penal statute or ordinance arising out of any conduct determined by final judgment to be an act of fraud or to have been taken with the intent to deceive or defraud, or for any personal or private business of such officer, employee, member or volunteer, or for the gross negligence or official misconduct, or willful or wrongful act or omission of such officer, employee, member or volunteer or for any criminal misconduct. Chapter 1 – Administration Section 1.04 Administrative Services A. Administrative Departments Administrative departments shall be established by the Town Manager. The head of each department shall be appointed by the Town Manager and shall be subject to the direction and supervision of the Town Manager. B. Town Manager - Appointment and Qualifications 1. The Council, by majority vote of the entire Council qualified and serving, shall appoint a Town Manager, who shall be the chief administrative officer of the Town. 2. The method of selection shall be left to the discretion of the Council so long as the method insures orderly, non-partisan action toward securing a competent and qualified person to fill the position. The Town Manager shall be chosen upon the basis of administrative training, experience, ability, character and other such professional qualifications as determined appropriate by Council. 3. Neither the Mayor nor any Councilmember may be appointed Town Manager or acting Town Manager while holding office or for a period of two (2) years thereafter. 4. The Town Manager shall establish residency in the Town unless excused by Council. C. Compensation The Town Manager shall receive compensation as may be fixed by the Council. D. Term and Removal The Town Manager shall not be appointed for a definite term but may be removed at the discretion of the Council by majority vote of the Council. Such action taken by Council shall be done in accordance with the personnel polices of the Town applicable to at-will employees. The action of the Council in suspending or removing the Town Manager shall be final. It is the intention of this Charter to vest all authority and fix all responsibilities of such suspension or removal in the Council. E. Powers and Duties The Town Manager shall be the chief administrative officer and head of the administrative branch of the Town. He shall be responsible to the Council for the proper administration of all the affairs of the Town and to that end shall have the power and be required to: 1. Oversee the effective enforcement of all applicable laws and ordinances, implement the directives and policies established by Council and oversee the administration of contracts and franchises to ensure compliance with the terms approved by Council; 2. Appoint, suspend and/or remove all or any one of the heads of departments and all subordinate officers and employees of the Town in accordance with applicable laws and policies. The Town Manager may authorize any administrative officer subject to the Manager’s direction and supervision to exercise these powers with respect to subordinates in that Chapter 1 – Administration officer’s department, office or agency; 3. Direct and supervise the administration of all departments; 4. Attend all meetings of the Council, except when excused by the Council. The Town Manager shall have the right to take part in discussion but shall not vote; 5. Prepare a proposed budget annually and submit it to the Council; administer the budget of the Town; provide such operational and financial reports and analyses as directed by Council, by this Charter and as required by law; 6. Make recommendations to the Council concerning affairs of the Town and facilitate the work of the Council in developing policy; 7. Provide staff support services for the Mayor and Councilmembers; 8. Encourage and provide staff support for regional and intergovernmental cooperation; 9. Promote partnerships among Council, Staff and citizens in developing public policy and building a sense of community; 10. Perform such other duties as may be prescribed by Council, by this Charter, by ordinance or other law; and, 11. Be the custodian of all municipal records of the Council and recommend to the Council rules and regulations to be adopted by ordinances to protect the safety and security of the municipal records. F. Acting Town Manager 1. The Town Manager, within thirty (30) days after taking office, shall designate, by letter filed with the Town Secretary, a qualified administrative officer of the Town to perform the duties of the Town Manager in his absence or disability. Such designation shall be subject to approval of the Council. No member of the Council shall serve as Acting Town Manager. Upon resignation or termination of the Town Manager, the Acting Town Manager shall perform the duties of the Town Manager until a new Town Manager or Acting Town Manager is appointed by the Council. 2. Should the need for an Acting Town Manager occur prior to the Town Manager submitting a designee or prior to the Council's approval of the Town Manager's designee, the Council shall appoint an Acting Town Manager. 3. The Town Manager may select a different Acting Town Manager by repeating the letter of designation and obtaining the Council's approval for designation of a new Acting Town Manager. G. Town Secretary The Council, by majority vote of the entire Council qualified and serving, shall appoint a Town Secretary who shall act as the Secretary to the Council and shall hold office at the pleasure of the Council. He shall be entitled to a seat at the Council table at all official meetings. H. Duties of the Town Secretary Chapter 1 – Administration The Town Secretary shall: 1. Record the minutes of all official meetings of the Council; provided, however, only the captions of duly enacted ordinances and resolutions shall be recorded in the minutes; 2. Hold and maintain the Town Seal and affix to all instruments requiring such seal; 3. Verify the sufficiency of any petition for recall, initiative, or referendum based upon the requirements of this Charter and all applicable laws; and, 4. Perform such other duties as may be required by the Council, the Town Manager, this Charter or the laws of the State of Texas. I. Compensation The Council shall set the compensation of the Town Secretary. The authority to set compensation may be delegated at the discretion of Council. J. Municipal Court There shall be established and maintained a court designated as the Municipal Court for the trial of misdemeanor offenses, with all such powers and duties as are now, or may hereafter be, prescribed by laws of the State of Texas relative to Municipal Courts. K. Judge of Court The Council, by majority vote of the entire Council qualified and serving, shall by ordinance appoint one or more Judges of the Municipal Court. A Judge shall be a resident of this state, be a citizen of the United States, a licensed attorney in good standing, licensed to practice in the State of Texas and must have two (2) or more years of experience in practicing law in this state. A Judge shall serve at the discretion of the Council. The Council shall fix the compensation for the Judge(s) in accordance with State law, and such compensation shall never be based on the fines assessed or collected. The authority to set compensation may be delegated at the discretion of Council. L. Clerk of the Court The Council, by majority vote of the entire Council qualified and serving, shall by ordinance provide for the appointment of a Clerk of the Town of Trophy Club Municipal Court of Record and shall also provide for the appointment of such Deputy Clerks as the Council determines appropriate. The Clerk shall keep the records of the Municipal Courts of record, issue process, and generally perform the duties as provided by law and established by Council. The Council may require the Clerk, before entering upon the duties of the office, to execute a good and sufficient surety company bond, in such amount as the Council may demand, payable to the Town and conditioned for the faithful performance of the duties of the office, the premium of such bond to be paid by the Town. The Council shall fix the compensation for the Clerk. The authority to set compensation may be delegated at the discretion of Council. M. Fines Chapter 1 – Administration All costs and fines imposed by the Municipal Court shall be paid to the Town general fund for the use and benefit of the Town, unless otherwise required by State law. N. Town Attorney – Appointment & Qualifications The Council, by majority vote of the entire Council qualified and serving, shall appoint an attorney licensed and in good standing to practice in the State of Texas as the Town Attorney. He shall serve at the discretion of the Council and he shall receive for his services such compensation as may be fixed by the Council. The authority to set compensation may be delegated at the discretion of Council. The Town Attorney shall be the legal adviser of, and attorney for, all of the offices and departments of the Town, and he or his designee shall represent the Town in all litigation and legal proceedings; provided, that the Town Attorney may retain special counsel at any time he deems appropriate and necessary in accordance with the constraints of the budget. The Town Attorney shall perform other duties prescribed by this Charter, by ordinance or as directed by the Council. O. Professional Services The Council may employ such professional consultants, including engineers, planners, architects or others whom it finds appropriate and in the best interest of the Town to engage. The Council may fix the compensation of such professionals and work directly with them or direct that they work with the Town Manager or his designee. The authority to set compensation may be delegated at the discretion of Council. P. Town Boards, Commissions and Corporations 1. Members of boards, commissions and corporations appointed by the Town shall serve without compensation, provided, however, that they shall be entitled to reimbursement of any necessary expenses incurred in the performance of their official duties, when approved by Council or their designee. 2. A person who holds a paid or elected position with the Town is not eligible to serve on a board, commission or corporation. 3. All boards, commissions and corporations shall maintain minutes of their meetings which shall be public records and which indicate, at a minimum, the members present, the subject of matters considered and the result of any vote taken. The minutes shall also indicate how each member voted on each matter. Q. Personal Financial Interest Any officer or employee who has any substantial financial interest, direct or indirect, or by reason of ownership of stock or shares of a business entity, or in any contract with the Town, or in the sale of any land, material, supplies or services to the Town or to a contractor supplying the Town shall make known that interest and shall refrain from voting upon or otherwise participating in his capacity as a Town officer or employee in the making of such sale or in the making or performing of such contract. Any Town officer or employee who knowingly or intentionally conceals such a financial interest or knowingly or intentionally violates the requirements of this Section shall be guilty of malfeasance in office or position and shall forfeit his office or position. Chapter 1 – Administration Violation of this Section with the knowledge, express or implied, of the person or corporation contracting with or making a sale to the Town shall render the contract or sale voidable by the Town Manager or the Council. R. Accepting Gifts, Etc. No officer or employee of the Town shall ever solicit, agree to accept or accept, directly or indirectly, any gift, favor or privilege from any public utility corporation, or other corporation, person or persons, enjoying a grant, contract, franchise, privilege or easement from or with said Town, during the term of office of such officer, or during such employment of such employee, except as may be authorized by law, resolution or ordinance. Any officer or employee of the Town who shall violate a provision of this Section shall forfeit his office In addition to the penalties imposed by State law for a violation of this Section, any person convicted of a violation of this Section shall be ineligible for a period of five (5) years following such conviction to hold any Town office or position and, if an officer or employee of the Town, shall immediately forfeit his office or position. The Council may establish by ordinance such further penalties as it may deem appropriate. Chapter 1 – Administration Section 1.05 Nominations and Elections A. Elections The general Town election shall be held annually on a date in accordance with the laws of the State of Texas and as established by Town ordinance, commencing in the year 2005, at which time officers will be elected to fill those offices which become vacant that year. The Council may, by ordinance, order a special election, fix the time and place for holding same and provide all means for holding such special election. The Mayor and five (5) Council members shall be elected and serve in the following manner: 1. In each odd-numbered year two (2) Council members and a Mayor shall be elected and in each even-numbered year three (3) Council members shall be elected; 2. The Mayor and other members of the Council shall be elected from the Town at large, for a term of two (2) years; 3. The candidate for Mayor who receives the highest number of valid votes by qualified voters at the election shall be declared elected; 4. The candidates for election to the Council, equal in number to the number of vacancies to be filled, who receive the highest number of valid votes cast by qualified voters at the election, shall be declared elected; and, 5. Except as specifically provided in this Section, in the case of a tie vote as between two (2) or more candidates, a special election shall be called by Council. The Council shall order a special election not less than thirty (30) days nor more than forty (40) days after the regular election to resolve the tie vote as between such candidates. If the tie does not prevent the filling of the vacancies then the special election shall not be required. B. Regulation of Elections All general and special elections shall be held in accordance with the laws of the State of Texas regulating the holding of municipal elections and in accordance with this Charter and ordinances or resolutions adopted by the Council for the conduct of elections. The Council shall appoint the Election Judges and other election officials and shall provide for the compensation of all election officials in the Town elections and for all other expenses in holding said elections. C. Special Elections The Council may call such special elections as are authorized by the State law, this Charter or for any other reason the Council deems necessary. The Council shall fix the time and place of holding same, and provide all means for holding such special elections in accordance with State law. D. Filing for Office 1. Each candidate for an elective office shall meet the qualifications set forth in Section 1.03(B) of this Charter. 2. Any person so qualified who desires to become a candidate for election shall file an Chapter 1 – Administration application with the Town Secretary, in accordance with the Texas Election Code, as amended, and all other applicable laws. 3. Within five (5) days after the filing of an application, the Town Secretary shall notify the candidate whether or not the application satisfied the requirements prescribed by this Charter. If an application is found insufficient, the Town Secretary shall return it immediately to the candidate with a statement certifying wherein it is insufficient. Within the regular time for filing applications, a new application may be filed by the same candidate. The Town Secretary shall keep on file all applications found sufficient at least until the expiration of the term of which the candidates are nominated in those applications. 4. If any member of a board, commission or corporation appointed by the Council shall become a candidate for election to any public office of the Town, he shall immediately upon his being elected, forfeit his place as a member of such board, commission or corporation. 5. If any employee of the Town becomes a candidate for election to any public office of the Town they shall, immediately upon becoming a candidate, forfeit the employment held with the Town. E. The Official Ballot 1. Candidates Names on Ballots: The names of all candidates who have filed for office shall be printed on the official ballots without party designation. The order on the ballot of the names of the candidates for each office or position shall be determined by lot in a drawing to be held under the supervision of the Town Secretary, or as otherwise required by State law. 2. Early voting shall be governed by the Texas Election Code. F. Canvassing and Election Results Returns of every municipal election shall be delivered forthwith by the Election Judges to the Town Secretary with a copy of the returns sent to the Mayor. The Council shall canvass the returns, investigate the qualifications of the candidates and declare the official results of the election in accordance with the Texas Election Code. The results of every municipal election shall be recorded in the minutes of the Council. The qualified person receiving a plurality of the votes cast for any office shall thereupon be declared elected by said Council. The decision of the Council, as to qualifications of candidates, shall be conclusive and final for all purposes. G. Notification of Town Officers The Town Secretary, with the concurrence of the Council, shall promptly notify all persons elected to office. A candidate who is elected in a regular or special Town election shall, after taking the oath of office as prescribed herein, take office, and enter upon his duties at the next Council meeting at which he is legally eligible to participate. H. Oath of Office Every officer of the Town, whether elected or appointed, shall take the oath of office as prescribed by the Texas Constitution or other applicable law prior to assuming office. Chapter 1 – Administration Section 1.06 Recall A. Scope of Recall Any elected Town official, whether elected to office by the qualified voters of the Town or appointed by the council to fill a vacancy, shall be subject to recall and removal from office by the qualified voters of the Town on grounds of incompetency, misconduct, malfeasance in office or who knowingly or intentionally violates any provision of the Charter. B. Petition for Recall Before the question of recall of such officer shall be submitted to the qualified voters of the Town, a petition demanding such question to be so submitted shall first be filed with the person performing the duties of the Town Secretary, which petition shall be signed by a number equal to at least twenty percent (20%) of those who were qualified voters on the date of the last regular municipal election as determined from the list of qualified voters maintained by the County Election Administrator. Each signer of such recall petition shall personally sign his name thereto in ink or indelible pencil, and shall write after his name his place of residence, giving name of street and number, his voter registration certificate number and shall also write thereon the day, the month and the year his signature was affixed. C. Form of Recall and Oath The recall petition must be addressed to the Council, must distinctly and specifically point out the ground or grounds upon which such petition for removal is predicated and, if there be more than one (1) ground, such as for incompetency, misconduct or malfeasance in office, shall specifically state each ground with such certainty as to give the Officer sought to be removed notice of the matters and things with which he is charged. The signature shall be verified by oath in the following form: STATE OF TEXAS § COUNTY OF ___________ § I, _____________________, being first duly sworn, on oath depose and say that I am one of the signers of the above petition and that each signature appearing thereto was made in my presence on the day and date it purports to have been made, and I solemnly swear that the same is the genuine signature of the person whose name it purports to be. Subscribed and sworn to before me this ________ day of ________________, 20__. Notary Public, __________County, Texas D. Procedure After Filing Petition for Recall 1. Upon the filing of a petition, the Town Secretary shall review the petition to determine the existence of the requisite number of signatures of qualified voters and whether the form of the petition complies with the provisions of this Charter. The Town Attorney shall review the petition for legal sufficiency. Chapter 1 – Administration 2. Within ten (10) business days after the petition is filed, the Town Secretary shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the person(s) who filed the petition by registered mail. 3. A petition certified insufficient for lack of the required number of valid signatures or due to inadequate form or content may be amended once if each of the following requirements are met: a. The person(s) who filed the petition with the Town Secretary files a notice of intention to amend it with the Town Secretary within five (5) business days after receiving the copy of this certificate via registered mail; and, b. Such person(s) also file a supplementary petition upon additional papers within ten (10) business days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of Section 1.06(B). Within five (5) business days after the supplementary petition is filed, the Town Secretary shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the person(s) who filed the petition for recall via registered mail as in the case of an original petition. 4. If a petition or amended petition is certified sufficient and in compliance with the terms of this Section of the Charter, the Town Secretary shall present this certificate to the Council at its next regular Council meeting or special meeting called for this purpose and immediately shall notify the Councilmember whose removal is sought and provide him with a copy of his petition by registered or certified mail. 5. No signature to a recall petition shall remain effective or be counted if it was placed upon the petition more than forty-five (45) days prior to filing of the recall petition with the Town Secretary. 6. If the Councilmember whose removal is sought does not resign within seven (7) days after the certified petition is presented to the Council, the Council, at its next regular meeting or at a specially called meeting, shall order a recall election to be held on the first uniform election date occurring on or after the 45th day after the date the election is ordered. 7. A Councilmember who resigns as specified in this Section may not be subsequently appointed to the Council. E. Public Notice The Council shall make or cause to be made publication or notice and provide for holding such election for the successor Councilmember, and the same shall be conducted, and the result thereof declared in all respects as other Town elections. F. Official Ballot Any Officer so elected shall hold office only during the unexpired term of his predecessor. Any person sought to be removed may be a candidate to succeed himself and, unless he requests otherwise in writing, the Town Secretary shall place his name on the official ballot without nomination. The names of other candidates for such position shall be placed on the official ballot in the same manner as provided in Section 1.05 of this Charter. At such election, the candidate receiving a plurality of all votes cast for such office, according to the rules regulating the election of Councilmembers as set forth in this Charter, shall be declared elected. At such election, if some Chapter 1 – Administration person other than the incumbent receives a plurality of all votes cast for such office, the incumbent shall thereupon be deemed removed from the office upon the qualification of his successor. In case the party who receives a plurality of all votes cast at said election should fail to qualify within the (10) days after receiving notification of his election, the office shall then become vacant. If the incumbent receives a plurality of all votes cast at such election, he shall continue in office and shall not be subject to any other recall for any grounds existing prior to said election. In the event that a runoff election is required, the procedure set forth shall be followed. G. Recall Petition Prohibited No recall petition shall be filed against any Officer of the Town within six (6) months after his election, nor within six (6) months after an election for such Officer's recall. H. Refusal of Recall Petition In case all of the requirements of this Charter shall have been met and the Council shall fail or refuse to receive the recall petition, or order such recall election, or discharge any other duties imposed upon said Council by the provisions of this Charter with reference to such recall, then the County Judge of Denton County, Texas, shall discharge any of such duties herein provided to be discharged by the person performing the duties of Town Secretary, or by the Council. Chapter 1 – Administration Section 1.07 Legislations by the People, Initiative and Referendum A. The people of the Town reserve the power of direct legislation by initiative, and in the exercise of such power, may propose any ordinance not in conflict with this Charter, the State Constitution or the State laws, except an ordinance appropriating money or authorizing the levy of taxes or an ordinance repealing an ordinance appropriating money or levying taxes. B. Petition Qualified voters of the Town may initiate legislation by submitting a petition addressed to the Council which requests the submission of a proposed ordinance or resolution to a vote of the qualified voters of the Town. Said petition must be signed by qualified voters of the Town equal in number to twenty (20) percent of the number of qualified voters at the last regular municipal election of the Town, and each copy of the petition shall have attached to it a copy of the proposed legislation. The petition shall be signed in the same manner as recall petitions are signed, as provided in Section1.06(B) of this Charter, and shall be verified by oath in the manner and form provided for recall petitions in Section 1.06(C) of this Charter. The petition may consist of one or more copies as permitted for recall petitions in Section 1.06(D) of this Charter. Such petitions shall be filed with the person performing the duties of Town Secretary, who after verification of the petition as provided in Section 1.06(D) of this Charter, shall present the petition and proposed ordinance or resolution to the Council at its next regular or special meeting called for this purpose. Upon presentation to the Council of the petition and draft of the proposal, ordinance or resolution, it shall become the duty of the Council, within the twenty (20) days from the date of presentation to determine whether the proposed ordinance complies with Section 1.07(A) and to either vote to adopt such ordinance or resolution without alteration as to meaning or effect or to call a special election. A special election shall be held on the first uniform election date occurring on or after sixty (60) days from the date the election is ordered. At the election, the qualified voters of the Town shall be allowed the opportunity to vote on the question of adopting or rejecting the proposed legislation. However, if any other municipal election is to be held within sixty (60) days after the filing of the petition, the question may be voted on at such election. C. Referendum Qualified voters of the Town may require that any ordinance or resolution passed by the Council be submitted to the voters of the Town for approval or disapproval by submitting a petition for this purpose within forty-five (45) days after the ordinance or resolution becomes effective. Said petition shall be addressed, prepared, signed and verified as required for petitions initiating legislation as provided in Section 1.07(B) of this Charter and shall be submitted to the person performing the duties of Town Secretary. The Town Secretary shall present the petition to the Council at its next regular or special meeting called for this purpose. Upon presentation of the petition to the Council, it shall become the duty of the Council, within twenty (20) days from the date of presentation to reconsider such ordinance or resolution. If Council does not repeal the ordinance or resolution either in its entirety or as specified in the petition, Council shall call a special election. Pending the holding of such election, such ordinance or resolution shall be suspended and shall not later take effect unless a majority of the qualified voters voting thereon at such election shall vote in favor thereon. A special election shall be held on the first uniform election date occurring on or after sixty (60) days from the date the election is ordered. At the election, the qualified voters of the Town shall be allowed the opportunity to vote on the question of approving or disapproving the ordinance or resolution. However, if any other municipal election is to be held within sixty (60) days after the filing of the petition, the question may be voted on at such election. Chapter 1 – Administration D. Voluntary Submission of Legislation by the Council The Council, upon its own motion and by a majority vote of its members, may submit to popular vote at any election for adoption or rejection any proposed ordinance or resolution or measure, or may submit for repeal any existing ordinance, resolution or measure, in the same manner and with the same force and effect as provided in this Section for submission on petition, and may in its discretion call a special election for this purpose. E. Form of Ballots The ballots used when voting upon such proposed and referred ordinances, resolutions or measures, shall set forth their nature sufficiently to identify them and shall also set forth upon separate lines the words: "FOR the ORDINANCE," and "AGAINST the ORDINANCE," or "FOR the RESOLUTION," and "AGAINST the RESOLUTION". F. Publication of Proposed and Referred Ordinances The person performing the duties of Town Secretary shall publish the proposed or referred ordinance or resolution in accordance with State law, and shall give such other notices and do such other things relative to such election as are required in general municipal elections or by the ordinance or resolution calling said election. G. Adoption of Ordinances If a majority of the qualified voters voting on any proposed ordinance or resolution or measure shall vote in favor thereof, it shall thereupon, or at any time fixed therein, become effective as a law or as a mandatory order of the Council. H. Inconsistent Ordinances If the provisions of two or more proposed ordinances or resolutions approved at the same election are inconsistent, the ordinance or resolution receiving the highest number of votes shall prevail. I. Ordinances Passed by Popular Vote: Repeal or Amendment No ordinance or resolution which may have been passed by the Council upon a petition or adopted by popular vote under the provisions of this Section shall be repealed or amended except by the Council in response to a referendum petition or by submission as provided in Section 1.07(D) of this Charter. J. Further Regulations by Council The Council may pass ordinances or resolutions providing other and further regulations for carrying out the provisions of this Section not inconsistent herewith. Chapter 1 – Administration Section 1.08 Municipal Planning & Zoning A. State Law Adopted - Zoning The Council shall have the power and authority to zone the Town and to pass all necessary ordinances, rules and regulations governing same, under and by virtue of the authority given to cities and the legislative bodies thereof by the Texas Local Government Code, together with all amendments which may hereafter be made thereto, and all other applicable law. B. State Law Adopted - Subdivision Regulation The Council shall have the power and authority to regulate the layout, development and platting of the subdivisions of land within the Town and its extraterritorial jurisdiction and to pass all necessary ordinances, rules and regulations governing same, under and by virtue of the authority given to cities and the legislative bodies thereof by the Texas Local Government Code, together with all amendments which may hereafter be made thereto, and all other applicable law. C. The Planning and Zoning Commission There shall be established a Planning and Zoning Commission which shall consist of seven (7) citizens from the Town. The members of said Commission shall be appointed by the Council for a term of two (2) years. Four (4) members of the Planning and Zoning Commission shall be so appointed each odd-numbered year and three (3) members shall be so appointed each even- numbered year. The Council shall appoint a chairman from among the Commission’s membership. Vacancies and unexpired terms shall be filled by the Council for the remainder of the term. A majority of the members shall constitute a quorum. A member of the Commission may be removed by a majority vote of the Council. If a vacancy occurs upon the Planning and Zoning Commission, by either resignation or otherwise, the Council shall appoint a commissioner to fill such a vacancy for the unexpired term. The Commission shall keep minutes of its proceedings which shall be a public record. No member of the Planning and Zoning Commission shall hold another salaried or elected Town office. D. Purpose, Objective, Power and Duties The Planning and Zoning Commission is created to act as an advisory board to the Council in matters relating to the physical development of the Town. The Commission is expected to advise the Council on matters relating to the zoning and planning of land and related public improvements, civic improvements, opening, widening, and changing of streets, routing of public utilities, development of regulatory ordinances, annexation proposals/plans and such other matters related to Town improvements as the Commission and Council may deem beneficial to the Town. In addition to the other duties and authority that the Commission may have under state law or under Town ordinance, the specifically delegated duties of the Commission shall be as follows: 1. Recommend a comprehensive master plan for the physical development of the Town together with its related components; 2. Conduct periodic reviews of the Town’s comprehensive master plan and its component elements to recommend modifications, changes, revisions or updates to ensure that the comprehensive master plan adequately and accurately reflects the policy, goals and objectives of the Town; Chapter 1 – Administration 3. Hold required public hearings on any proposed changes to the zoning plan, map, and ordinances of the Town for the purpose of making recommendations to the Council on the reasonableness of these proposals; 4. Recommend any change to the zoning plan, map or ordinances of the Town where the Commission deems it necessary in the furtherance of the Town’s comprehensive master plan; 5. Conduct appropriate hearings on any proposals for the subdivision/platting of land within the corporate limits of the Town and its extraterritorial jurisdiction pursuant to the provisions of State law and requirements of the Town’s subdivision regulation ordinances. The Commission shall take action on those proposals as it deems appropriate and conforming to the requirements of the Town’s comprehensive master plan. The Commission shall ensure that proposals for subdivision or development of land are consistent with the Town’s plan components as an element of the review process. As an element of this Charter, the Town has determined that it is a reasonable legislative enactment to require subdivision plats to conform to the Town’s comprehensive master plan and failure to achieve conformance shall be a legitimate ground for the denial of a development proposal; and, 6. The Commission shall hold such hearings and meetings as are mandated by the Council on any matter determined appropriate by Council to secure information for the purpose of making recommendations to the Council. E. Board of Adjustment The Council shall appoint a Board of Adjustment which shall have all of the powers and authority as set forth by State law, as amended, and other applicable laws, and such additional powers and privileges as may be duly assigned to it by the ordinances of the Town. F. Comprehensive Master Plan No later than two (2) years after the adoption of this Charter, the Council shall adopt a comprehensive master plan projecting for at least five (5) years the growth and physical development of the Town pursuant to the provisions of State law. The Council shall establish and adopt by ordinance a procedure for periodic review and/or revision of the comprehensive master plan. The Town may adopt the comprehensive master plan by resolution or by ordinance following a public hearing upon which public input is received. The purpose of the comprehensive master plan is to guide the growth and development of the Town and to establish the standards that the Town will seek to attain through the adoption of its development regulations to include its zoning regulations, subdivision regulations, building and construction regulations, landscaping regulations, signage regulations and other related police power enactments. The comprehensive master plan shall identify the goals and objectives of the community for growth and development and shall serve as the basis of the Town’s capital improvement program for the development and construction of public works infrastructure. Code of Ordinances Cross Reference: (Subdivision Regulation), Chapter 12, § 1.01 – 6.04; (Planning & Zoning Commission), Chapter 12, § 8.04; (Purpose, Objective, Power and Duties), Chapter 12, § 8.04; (Board of Adjustment), Chapter 12, § 8.05 Chapter 1 – Administration Section 1.09 Budget, Finance and Taxation A. Fiscal Year The fiscal year of the Town shall begin on the first (1st) day of October and end on the last (30th) day of September of each calendar year. Such fiscal year shall also constitute the budget and accounting year. B. Annual Budget The operating budget message shall explain the budget in fiscal terms and in terms of work programs, linking those programs to organizational goals and community priorities, for the ensuing fiscal year. It shall outline the proposed financial policies of the Town, and shall include such other materials, as the Town Manager deems necessary. The budget shall contain the following: 1. Comparative figures for the actual and anticipated tax rate, revenues, and other income and expenditures supporting the proposed fiscal budget and compared to the current year's projected revenue and expenses, the prior three fiscal years actual income and expenditures and the projected budgets for the next three years; 2. The proposed goals and expenditures of each office, department, or function, reasons for proposed increases or decreases that are material and methods to measure outcomes and performance related to the goals; 3. A schedule showing the debt service requirement due on all outstanding indebtedness and on any proposed debt; 4. The source or basis of the estimates shall be part of the forecast; 5. The total of the proposed expenditures shall not exceed the total estimated income and the balance of available funds; and, 6. Such other information as may be required by State law, the Council or deemed appropriate by the Town Manager. C. Capital Facilities and Property Budget The Town Manager shall propose annually a five (5) year Capital Facilities and Property budget, which may be revised and extended each year to indicate capital improvements pending or in process of construction or acquisition, and which shall provide the following items: 1. A summary of proposed programs; 2. A list of all capital facilities and property improvements which are proposed to be undertaken during the five (5) fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements; 3. Cost estimates, method of financing and recommended time schedules for each such improvement with the estimated effect on the tax levy; and, 4. The estimated annual cost of operating and maintaining the facilities to be constructed or Chapter 1 – Administration acquired over the five (5) year period. D. Submission The Town Manager shall submit to the Council a proposed budget and accompanying message before the first day of August of each year. The Council shall review the proposed budget and revise it as deemed appropriate prior to general circulation for public hearing. E. Public Notice and Hearing The Council shall post in the Municipal Building and publish in the official newspaper as required by State law prior to any required public hearing on the budget a notice stating the time and place where copies of the message and budget are available for inspection by the public, and the time and place of each public hearing. F. Amendment before Adoption The Council may adopt the budget with or without amendment at a regular or special meeting. In amending the budget, it may add or increase any programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than the total of estimated income plus the balance of available funds. G. Adoption The Council, by majority vote, shall adopt the budget by ordinance not later than the 30th day of September. Adoption of the budget shall constitute appropriations of the amount specified as expenditures from the fund indicated. H. Defect Shall Not Invalidate Tax Levy Errors or defects in the form or preparation of the budget or the failure to perform any procedural requirements shall not nullify the tax levy or the tax rate. I. Failure to Adopt a Budget If the Council fails to adopt the budget by the beginning of the fiscal year, the amounts appropriated for the current fiscal year shall be deemed adopted for the ensuing fiscal year until the Council adopts a budget for the ensuing fiscal year. J. Public Records Copies of the approved operation budget, capital facilities and property budget and supporting papers shall be filed with the Town Secretary and shall be public records available to the public for inspection upon request. K. Specified Reserve Fund Chapter 1 – Administration Specified reserve funds may be created for specific purposes, and may be used only for such purposes. L. Changes in Budget The Council may make changes in the budget for any municipal purpose or as otherwise permitted by law. M. Emergency Appropriations To meet a public emergency created by a natural disaster or man-made calamity affecting life, health, property, or the public peace, or as otherwise authorized by law, the Council may make emergency appropriations, and may authorize the issuance of emergency debt or notes. N. Reduction of Appropriations If at any time during the fiscal year it appears probable to the Town Manager that the revenues available will be insufficient to meet the amount appropriated, he shall report to the Council without delay, indicating the estimated amount of the deficit, any remedial actions taken by him and his recommendations as to any other steps to be taken. The Council shall then take such further action as it deems necessary to prevent or minimize any deficit. O. Transfer of Appropriations At any time during the fiscal year the Town Manager may transfer part or all of any unencumbered appropriation balance among programs within a department, division or office and transfer part or all of any unencumbered appropriation balance from one department, office or agency to another. The Town Manager shall make written reports of all transfers to the Council. P. Limitations No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. Q. Effective Date The supplemental and emergency appropriations authorized by this Section may be made effective immediately upon adoption of the ordinance or budget amendments. R. Authority to Incur Indebtedness The Council shall have the power to incur, create, refund and refinance indebtedness and borrow money for public purposes, to issue special or general obligation bonds, revenue bonds, funding and refunding bonds, time warrants, certificates of obligation and other evidences of indebtedness and to secure and pay the same in the manner and in accordance with the procedures provided and required by State law. Chapter 1 – Administration S. Bonds Incontestable All bonds of the Town having been issued and sold and having been delivered to the purchaser thereof, shall thereafter be incontestable and all bonds issued to refund in exchange for outstanding bonds previously issued shall and after said exchange be incontestable. T. Borrowing in Anticipation of Property Tax In any budget year, the Council may, by resolution, authorize the borrowing of money in anticipation of the collection of the property tax for the same year whether levied or to be levied. Notes may be issued for periods not exceeding one (1) year and must be retired by the end of the budget year in which issued. U. Use of Bond Funds Any and all bond funds approved by a vote of the qualified voter of the Town will be expended only for the purposes stated in the bond issue and as otherwise authorized by law. V. Power to Tax The Council shall have the power to levy, assess and collect taxes within the jurisdiction of the Town for any municipal purpose W. Tax Rate The tax rate shall be calculated, publicized and adopted in accordance with State law. X. Other Rules and Regulations Except as otherwise provided by law or this Charter, the Council shall have the power to provide by ordinance or resolution such rules, regulations and mode of procedure to enforce and facilitate the collection by and payment to the Tax Assessor and Collector of all taxes due the Town as it may deem expedient, and may provide such penalty and interest as prescribed by State law for the failure to pay such taxes. Chapter 1 – Administration Section 1.10 Franchising and Public Utilities A. Inalienability of Control of Public Property The right of control and use of the public streets, highways, sidewalks, bridges, alleys, parks, public squares, and all public places and real property of the Town is hereby declared to be inalienable by the Town, except by ordinances not in conflict with the provisions of this Charter. No act or omission by the Council, an Officer or Agent of the Town, or any third party shall be construed to grant, renew, extend, or amend, expressly or by estoppel or implication, any right, franchise, or easement affecting such public streets, highways, sidewalks, bridges, alleys, parks, public squares, and all public places and real property of the Town, except as provided in this Charter. B. Powers of the Town The Town shall have the power, right and authority, to buy, construct, lease, maintain, operate and regulate public utilities, and to manufacture, distribute and sell the output of such utilities' operations. Additionally, the Town shall have all further rights, authorities, and powers as may now, or hereafter, be granted under the Constitution and laws of the State of Texas. C. Power to Grant Franchise The Council shall have the power by ordinance, after public hearing, to grant, renew, and extend all franchises of every character operating within the Town and to amend the same, provided, however, that no franchise shall be granted for an indeterminate term, and that no franchise shall be granted for a term exceeding twenty (20) years from the date of the grant, renewal or extension. No grant or franchise to construct, maintain, or operate and no renewal or extension of such grant shall be exclusive. All required publication costs shall be paid by the franchisee. D. Franchise Value Not to be Allowed In fixing reasonable rates and charges for utility service within the Town and in determining the just compensation to be paid by the Town for the public utility property which the Town may acquire by condemnation or otherwise, nothing shall be included as the value of any franchise granted by the Town under this Charter. E. Right of Regulation All grants, removals, extensions, or amendments of public utility franchises approved after the effective date of this Charter, whether or not it be specifically provided in the ordinance approving a franchise or in a franchise agreement, shall be subject to right and power of the Council: 1. To repeal the franchise ordinance at any time upon the failure of the grantee to comply with any provision of the franchise ordinance, the Charter of the Town, an applicable statute of the State of Texas, or the rules of any applicable governing body; 2. To require proper and adequate extension of plant and service, and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency; 3. To establish reasonable standards of service and quality of products and prevent unjust discrimination in service or rates; Chapter 1 – Administration 4. At any time, to examine and audit the accounts and other records of any such utility, and to require annual, and other reports, including reports on operations within the Town; 5. To require at any time compensation and rental for use of public streets, sidewalks, highways, bridges, alleys, and public places; 6. To require the franchisee to restore at the franchisee's expense, all public or private property to a condition equally as good as or better than before disturbed by construction, repair or removal. The franchise holder in opening and refilling of all earth openings shall repair the pavement and do all other work necessary to complete restoration of streets, sidewalks or grounds to a condition equally as good or better as when disturbed; 7. To require every franchisee to furnish within a reasonable time to the Town, without cost to the Town, a general map, with updates outlining the location, character, size, length, and terminals of all facilities of such franchisee in, over, and under ground of property in the Town and to provide detailed information on request in a format as specified by the Town; 8. To impose other regulations, requirements, and conditions as may be deemed necessary to promote the health, safety, welfare, or accommodation of the public and to insure safe, efficient and continuous service to the public; 9. To require such compensation and rental as may be permitted by the laws of the State of Texas; and, 10. To require the franchisee to remove, at its sole expense, infrastructure that has not been used for a period of six months or to require a franchisee whose franchise has terminated for any reason to remove, at its sole expense, such infrastructure as the Council may in its discretion require. F. Consent of Property Owners The consent of abutting and adjacent property owners shall not be required for the construction, extension, maintenance or operation of any public utility; but, nothing in this Charter, or in any franchise granted hereunder, shall ever be construed to deprive any such property owner of any right of action for damage or injury to this property as now or hereafter provided by law. G. Extensions All extensions of public utilities within the town limits shall become a part of the aggregate property of the public utility, shall be operated as such, and shall be subject to all the obligations and reserved rights contained in this Charter and in any franchise grant made to such public utility. The right to use and maintain any extensions shall terminate with the termination of the original franchise grant, and shall be terminable as provided in Section 1.10(D) of this Charter. In case of an extension of a public utility operated under a franchise hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant. H. Other Conditions Chapter 1 – Administration All franchises heretofore granted are recognized as contracts between the Town and the franchisee, and the contractual rights, as contained in any such franchise shall not be impaired by the provisions of this Charter, except that the power of the Town to exercise the right of eminent domain in the acquisition of utility property is in all things reserved, and except the general power of the Town, to regulate the rates and services of a grantee, which shall include the right to require proper and adequate extension of plant and service and the maintenance of the franchise hereafter granted shall be held subject to all the terms and conditions contained in the various subsections of this Section whether or not such terms are specifically mentioned in the franchise. Nothing in this Charter shall operate to limit in any way, as specifically stated, the discretion of the Council, or voters of the Town, in imposing terms and conditions as may be reasonable in connection with any franchise granted. I. Accounts of Municipally Owned Utilities Accounts shall be kept for each public utility owned or operated by the Town, in such manner as to show the true and complete financial results of such ownership and operation, including all assets and all liabilities, appropriately subdivided by classes, depreciation reserve, other reserves and surplus; also revenues, operating expenses including depreciation interest payments, rental and other disposition of annual income. The accounts shall show actual capital cost to the Town of each public utility owned, also the cost of all extensions, additions and improvements and the source of funds expended for such capital purposes. They shall show as nearly as possible the cost of any service to or rendered by any such utility to any Town department. The Council shall cause an annual report to be made by a Certified Public Accountant and shall publish such report, showing the financial results of such Town ownership and operation, giving the information specified in this Section and such other data as the Council shall deem expedient. J. Sales of Electricity, Water and Sewer Service 1. The Council shall have the right, power and authority to sell and distribute electricity and water, and to sell and provide for sewer services, and any other utilities, to any person, firm or corporation inside or outside the limits of the Town, and to permit them to connect with said system under contract with the Town, under such terms and conditions as may appear to be for the best interest of the Town. 2. The Council shall have the right, power and authority to prescribe the kind of materials used inside or outside the limits of the Town in the construction of electric, water and sewer utilities, where it furnishes the service, and to inspect the same and require them to keep in good order and condition at all times and to make such rules and regulations as shall be necessary and proper, and prescribe penalties for noncompliance with same. K. Regulation of Rates and Service The Council shall have the absolute right, authority and power after due notice and hearing, to regulate by ordinance, the rates and services of every franchise operating in the Town; and shall have the power to employ, at the expense of the franchisee, expert assistance and advice in determining a reasonable rate and equitable profit to the franchisee. The Council shall also have the right, authority, and power to require at any time or times, detailed reports and financial statements on the operations of any franchise, which reports and statements shall be in such form, and contain such information, as the Council shall prescribe. Chapter 1 – Administration Section 1.11 General Provisions A. Charter Authority This Charter shall not be construed as a mere grant of enumerated powers, but shall be construed as a general grant of power, and not as a limitation of power on the government of the Town. Except where expressly prohibited by this Charter, each and every power under the Constitution of Texas, which it would be competent for the people of the Town to grant expressly to the Town, shall be construed to be granted to the Town by this Charter. B. Public Records Access to the records of every office, department or agency of the Town shall be subject to public inspection as provided by law. This Section shall not be construed to require any action or measure beyond that required by state law. C. Property Not Subject to Execution No property owned or held by the Town shall be subject to any execution of any kind or nature. No lien of any kind or character can be created, and none shall ever exist or be established, on or against the public buildings, property, public halls, parks, or public works or any other asset of the Town. D. Town Not Required to Give Security or Execute Bond It shall not be necessary in any action, suit or proceeding in which the Town is a party, for any bond, undertaking, or security to be demanded or executed by or on behalf of the Town in any of the State courts, but in all such actions, suits, appeals or proceedings, same shall be conducted in the same manner as if such bond, undertaking or security had been given as required by law. E. Notice of Injury or Damage 1. Before the Town shall be liable for any claim for damages for the death or personal injuries of any person or for damages to property, the complainant or his authorized representative shall notify the Town Secretary in accordance with this Section. The notification shall be in writing and shall state specifically how, when and where the death, injury or damage occurred; the amount of loss claimed; and the identity of any witnesses upon whom it is relied to establish the claim. The notification shall be filed within sixty (60) days of the date of injury or damage or in the case of death, within sixty (60) days of the date of death. 2. No provision of this Section shall ever be so construed as to expand the ordinary liability of the Town; and provided, that nothing herein contained shall be construed to mean that the Town, waives any rights, privileges, defenses or immunities in tort actions which are provided under the common law, the Constitution, and general laws of the State of Texas. F. Powers to Remit Penalties Chapter 1 – Administration The governing body shall have the right to remit, in whole or in part, any civil fine or penalty belonging to the Town, which may be imposed under any ordinance passed pursuant to this Charter. G. Property Not Exempt from Special Assessments No property of any kind regardless of the ownership of the property, (except property of the Town), shall be exempt in any way from any of the special taxes, charges, levies and assessments, authorized or permitted by this Charter, for local improvement, for the public welfare except where such exemption is required by law or where Council has the discretion to authorize such exemption and a majority of Council votes to approve such exemption. H. Town Depository The provisions of the State laws governing the selection and designation of a Town depository are hereby adopted as the law governing the selection and designation of a depository of and for the Town. I. Judicial Notice This Charter shall be deemed a public act, and shall have the force and effect of a general law, may be read in evidence without pleading or proof, and judicial notice shall be taken thereof in all courts and places, without further proof. J. Severability Clause If any Section or part of this Charter shall be held invalid by a Court of competent jurisdiction, such holding shall not affect the remainder of this Charter, nor the context in which such Section or part of Section so held invalid may appear, except to the extent that any entire Section, or part of Section, may be inseparably connected in meaning and effect, with the Section or part of [the] Section to which such holding shall directly apply. The Charter is translated in Spanish. For purposes of interpretation and enforcement, in the event of conflict, the English version of the Charter shall prevail. K. Construction of Charter The provisions of this Charter shall be construed for the purpose of effecting the objects and ends thereof. All references to state law or laws of the State of Texas, however expressed, shall mean “as presently enacted or hereinafter enacted.” All gender references shall be interpreted to include both masculine and feminine. L. Rearrangement and Renumbering The Council shall have the power, by ordinance, to renumber and rearrange all articles, Sections and paragraphs of this Charter, or any amendments thereto, as it shall deem appropriate, without changing the meaning or effect of any part hereof, and, upon the passage of any such ordinance, a copy thereof, certified by the Town Secretary, shall be forwarded to the Secretary of State of the State of Texas for filing. Chapter 1 – Administration M. Amendment of Charter Amendments to this Charter may be framed and submitted to the voters of the Town in the manner provided by State law. Chapter 1 – Administration Section 1.12 Transitional Provisions A. Interim Municipal Government Nothing in this Charter except as otherwise specifically provided shall affect or impair the rights or privileges of persons who are Town officers or employees at the time of its adoption. B. Persons Serving on Boards, Commissions, or Corporations Persons serving on any board, commission or corporation at the time of the adoption of this Charter shall continue to serve until their term shall have expired or until their successors shall have qualified. C. Effect of this Charter on Existing Law All ordinances, resolutions, rules and regulations in force in the Town on the effective date of this Charter, and not in conflict with this Charter, shall remain in force until altered, amended or repealed. All taxes, assessments, liens, encumbrances and demands, of or against the Town, fixed or established before or on the effective date of this Charter shall be valid when properly fixed or established either under the law in force at the time of beginning of such proceedings or under the law after the adoption of this Charter. D. Continuance of Contracts, Franchises and Succession of Rights All contracts including without limitation franchises entered into by the Town or for its benefit prior to the taking effect of this Charter shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws or ordinances existing at the time this Charter takes effect may be carried to completion in accordance with the provisions of such existing laws or ordinances. All suits, taxes, penalties, forfeitures and all other rights, claims, and demands, which have accrued under the laws, heretofore in force governing the Town shall belong to and be vested in and shall be prosecuted by and for the use and benefit of the corporation hereby created, and shall not in any way be diminished, affected or prejudiced by the adoption and taking effect of this Charter. E. Submission of Charter to Voters The Charter Commission in preparing this Charter concludes that it is impracticable to segregate each subject so as to permit a vote of "yes" or "no" on the same, for the reason that the Charter is so constructed that in order to enable it to work and function it is necessary that it should be adopted in its entirety. For these reasons, the Charter Commission directs that the said Charter be voted upon as a whole and that it shall be submitted to the qualified voters of the Town at an election to be held for that purpose on Tuesday, November 2, 2004. Not less than thirty days prior to such election, the Council shall cause the Town Secretary to mail a copy of this Charter to each qualified voter of the Town as appears from the latest certified list of registered voters. If a majority of the qualified voters voting in such election shall vote in favor of the adoption of this Charter, it shall immediately become the governing law of the Town, until amended or repealed. The form of the ballot for use in such election shall be as follows: FOR THE ADOPTION OF THE CHARTER Chapter 1 – Administration AGAINST THE ADOPTION OF THE CHARTER Chapter 1 – Administration Article II Town Manager Section 2.01 Office of the Town Manager A. That there is hereby created the office of Town Manager of the Town of Trophy Club, Texas, the appointment of who and whose powers and duties shall be in accordance with the following: 1. The Town Manager may be authorized, upon the passage of a proper resolution or other necessary legal document by the Town Council and in the absence or unavailability of the Mayor, to execute a contract or other legal document on behalf of the Town. 2. The Town Manager shall be responsible to the Town Council for the proper administration of the affairs of the Town. 3. That the Town Manager may consolidate or combine offices, positions, departments, or units under his jurisdiction, subject to the approval of the Town Council. B. That the provisions of this ordinance do not limit or restrict the duties and responsibilities of the Town Manager except to the extent that such duties and responsibilities are in conflict with the Charter or the ordinances and laws of the Town of Trophy Club, Texas, or of the State of Texas. (Ord. No. 91-13, § II, 10-15-91, Home Rule Charter) Chapter 1 – Administration Article III Town Secretary Section 3.01 Office of the Town Secretary That the office of Town Secretary of the Town of Trophy Club, Texas shall be filled by appointment by the Town Council. The official title of such person shall be "Town Secretary of the Town of Trophy Club, Texas." (Ord. No. 85-03, § I, 5-27-85) Chapter 1 – Administration Section 3.02 Scope of Power The Town Secretary of the Town of Trophy Club, Texas ("Town Secretary") shall have the powers and perform the duties as prescribed by the Laws of the State of Texas, specifically including Article 1000, V.A.T.C.S., and by the ordinances of the Town of Trophy Club, Texas. (Ord. No. 85-03, § II, 5-27-85) Chapter 1 – Administration Section 3.03 Section Deleted Chapter 1 – Administration Section 3.04 Acting Town Secretary In the event the Town Secretary is temporarily absent or unable to serve, the Treasurer of the Town of Trophy Club, Texas, shall serve as Acting Town Secretary unless and until the Town Council appoints some other qualified person as Acting Secretary to serve for such period of temporary absence or inability to serve. Any person appointed to serve as Acting Secretary shall duly take the oath of Town Secretary of the Town of Trophy Club, Texas. (Ord. No. 85-03, § IV, 5-27-85) Chapter 1 – Administration Article IV Treasurer of the Town Section 4.01 Office of Treasurer That the office of Treasurer of the Town of Trophy Club, Texas shall be filled by appointment by the Town Council. The official title of such person shall be "Treasurer of the Town of Trophy Club, Texas." (Ord. No. 85-04, § I, 5-27-85) Chapter 1 – Administration Section 4.02 Scope of Power The Treasurer of the Town of Trophy Club, Texas (Treasurer") shall have the powers and perform the duties as prescribed by the Laws of the State of Texas, specifically including Article 101, V.A.T.C.S., and by the Codes of the Town of Trophy Club, Texas. (Ord. No. 85-04, § II, 5-27-85) Chapter 1 – Administration Section 4.03 Term of Office The Treasurer shall be appointed for a term of office running concurrently with that of the Mayor. The Treasurer shall receive such compensation as the Town Council may fix by Ordinance, and shall give bond in favor of the Town of the Trophy Club, Texas, in such amount, and in such form as the Town Council may require, with sufficient security to be approved by the Town Council conditioned for the faithful discharge of the duties of the Treasurer. Before entering upon the duties of the office, the Treasurer shall take the official oath required by Law and shall swear or affirm on his or her oath that he or she is not delinquent in any indebtedness to the Town of Trophy Club, Texas. (Ord. No. 85-04, § III, 5-27-85) Chapter 1 – Administration Section 4.04 Acting Treasurer In the event the Treasurer is temporarily absent or unable to serve, the Town Secretary of the Town of Trophy Club, Texas, shall serve as Acting Treasurer unless and until the Town Council appoints some other qualified person as Acting Treasurer to serve for such period of temporary absence or inability to serve. Any person appointed to serve as Acting Treasurer shall duly take the oath of Treasurer of the Town of Trophy Club, Texas. (Ord. No. 85-04, § IV, 5-27-85) Chapter 1 – Administration Article V Staggered Terms of Office for Town Council Section 5.01 Terms of Office That hereinafter the term of office of the members of the Town Council of the Town of Trophy Club, Texas shall be staggered so that at each annual election either three (3) council members, or a mayor and two (2) council members shall be elected, as provided by the terms of this Article. (Ord. No. 85-05, § I, 5-27-85) Chapter 1 – Administration Article VI Town Council Rules of Procedure Section 6.01 Rules of Procedure A. Authority 1. Ordinance: As stated in Ordinance number 2006-03 passed and approved on the 6th day of February, 2006. B. General Rules 1. Meetings to be Public All official meetings of the Town Council and all sessions of a Committee of the Town Council shall be public. 2. Quorum The governing body of the Town consists of a Mayor and five Council members. Attendance at a Council meeting by a majority of the Council members constitutes a quorum. However, if a meeting is a special called meeting or a meeting to consider the imposition of taxes, a quorum consists of two-thirds (2/3) of the Council members. For example, three (3) of five (5) Council members constitute a quorum under ordinary circumstances at a regularly scheduled Council meeting, but four (4) of five (5) Council members constitute a quorum at a special called meeting or a meeting to consider the imposition of taxes. 3. Attendance As specified in the Town Charter, should a member of the Town Council fail to attend three consecutive regular meetings without being excused by the Council, his/her office may be declared forfeited by the Council. A member of the Town Council who is unable to attend a Council meeting shall notify the Town Secretary of his/her inability to attend the meeting and shall provide an explanation of the conflict or other reason that prevents his/her attendance. Notice to the Town Secretary shall be provided as soon as practicable after the member becomes aware that he/she will be absent. The Town Secretary shall notify the Council of the absence prior to the beginning of the Council meeting from which the member will be absent. 4. Misconduct The Town Council may punish its own members for misconduct. 5. Minutes of Town Council Meetings An account of all proceedings of the Town Council shall be kept by the Town Secretary and shall be entered into a book constituting the official record of the Town Council. 6. Questions to Contain One Subject All questions submitted for a vote shall contain only one subject. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. 7. Right to Floor Chapter 1 – Administration Any Town Council member desiring to speak shall be recognized by the Chairman/Mayor. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. 8. Town Manager The Town Manager, or Acting Town Manager, shall attend all meetings of the Town Council unless excused. Town Council members may make recommendations to the Town Council and shall have the right to take part in all discussions of the Town Council, but shall have no vote. 9. Town Attorney The Town Attorney, or Acting Town Attorney, shall attend all meetings of the Town Council unless excused and shall, upon request, give an opinion, either written or oral, on questions of law. The Town Attorney shall act as the Town Council’s parliamentarian. 10. Town Secretary The Town Secretary, or Acting Town Secretary, shall attend all meetings of the Town Council unless excused, and shall keep the official minutes and perform such other duties as may be requested of him/her by the Town Council. 11. Officers and Employees Any officer or employee of the Town; when requested by the Town Manager, shall attend any meeting of the Town Council. If requested to do so by the Town Manager, they may present information relating to matters before the Town Council. 12. Rules of Order Robert’s Rules of Order Newly Revised shall govern the proceedings of the Town Council. 13. Suspension of Rules Any provision of these rules may be temporarily suspended by a two-thirds vote of all members of the Town Council. The vote on any such suspension shall be taken by a show of hands and entered into the record. 14. Amendment to Rules These rules may be amended, or new rules adopted by a majority vote of all members of the Town Council in attendance, provided that the proposed amendments or new rules shall have been introduced into the record at a prior Town Council meeting. C. Types of Meetings 1. Regular Meetings The Town Council shall meet in the Council/Board Room at the Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas on the first and third Monday of each month to be scheduled for 7:30 p.m. o’clock, unless otherwise officially changed by the Town Council. At 11:00 p.m. a record vote shall be taken to determine if the meeting shall continue past 11:00 p.m. Chapter 1 – Administration 2. Special Meetings Special meetings may be called by the Mayor or by any three members of the Town Council. The call for a special meeting shall be filed with the Town Secretary in written form, except that announcement of a special meeting, during any regular meeting at which all members are present, shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day and the hour of the special meeting, and shall list the subject or subjects to be considered. No special meeting shall be held until at least 72 hours after the call is issued. Only such business may be transacted at a special meeting as may be listed in the call for said meeting or as incident thereto. 3. Emergency Meetings In case of emergency or urgent public necessity, which shall be expressed in notice of the meeting, an emergency meeting shall be called by the Chairman/Mayor or on the application of three (3) members of the Town Council, and it shall be sufficient if the notice is posted two (2) hours before the meeting is convened. 4. Recessed Meetings Any meeting of the Town Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 5. Public Hearings: All meetings shall be held in full compliance with the provisions of state law and Codes of the Town. Any party in interest may appear in his/her own behalf or be represented by counsel or agent. The Town Secretary shall set public hearing dates for the Town Council as requested, be responsible for timely advertising in the official newspaper, and notify interested parties according to requirements of the Town Council. D. Chairman and Duties 1. Chairman The Mayor, if present, shall preside as Chairman at all meetings of the Town Council. In the absence of the Mayor, the Mayor Pro-Tem shall preside. In the absence of both the Mayor and the Mayor Pro-Tem, the Town Council shall elect a chairman. 2. Call to Order The meetings of the Town Council shall be called to order by the Mayor, or in his absence, by the Mayor Pro-Tem. In the absence of both the Mayor and the Mayor Pro-Tem, the meeting shall be called to order by the Town Secretary. 3. Preservation of Order The Chairman shall preserve order and decorum, prevent personalities from becoming involved in debate and confine members in debate to the question under discussion. 4. Points of Order Chapter 1 – Administration All points of order shall be made to the Parliamentarian who shall then advise the Chair accordingly. The Chairman shall make the final determination on all points of order, subject to the right of any member to appeal to the Town Council. If any appeal is taken, the question shall be, “Shall the decision of the Chairman be sustained?” If a majority of the members present vote “no”, the ruling of the chair is overruled; otherwise it is sustained. 5. Questions to be Stated The Chairman shall state all questions submitted for a vote and announce the result. The announcement of the result will include the number of votes for, number of votes against and abstentions, or state if unanimous. 6. Substitution of Chairman The Chairman may call any other member to take his place in the chair, such substitution not to continue beyond adjournment. E. Order of Business 1. Agenda The order of business of each meeting shall be as contained in the Agenda prepared by the Mayor. The agenda shall be a listing of topics to be considered by the Town Council and delivered to members of the Town Council each Friday preceding the Monday meeting to which it pertains. 2. Presentations by Members of Town Council The agenda shall provide a time when the Mayor or any Town Council member may bring before the Town Council any business that the Town Council member believes should be deliberated upon by the Town Council. These matters need not be specifically listed on the agenda, but formal action on such matters shall be deferred until a subsequent Town Council meeting. Immediate action may be taken upon a vote of two-thirds of all members of the Town Council who are present, provided that the requirements of Chapter 551 Texas Government Code have been met. 3. Agenda Deadline Any Town Council member or Committee Chairperson desiring to present a subject for the Town Council’s consideration shall advise the Town Secretary’s office in writing of that fact not later than 10:00 a.m. on Friday, (10 days prior) to the meeting at which the Town Council member wishes the subject to be considered. 4. Presentations by Citizens Presentations by citizens, with or without prior notification, shall be limited to a total of six minutes, with three minutes of time allowed prior to Council discussion and three minutes of time allowed subsequent to Council discussion but before the Chair calls for a vote. It is within the discretion of the Chair to reasonably extend those limits. Citizens must turn in a completed “Request to Speak” form to the Town Secretary. Presentations by representative(s) of organized groups, with or without prior notification, shall be limited to a total of six minutes, with three minutes of time allowed prior to Council discussion and three minutes of time allowed subsequent to Council discussion but before the Chair calls for a vote. It is within the discretion of the Chair to reasonably extend those limits. Chapter 1 – Administration A “Request to Speak” form must be completed and turned in to the Town Secretary. The foregoing rules and time limitation do not apply to citizens appearing at a public hearing being held by the Town Council pursuant to any official notice thereof. If a citizen is unable to attend a meeting or for some other reason prefers to submit a written statement to Council, that citizen may submit his or her written statement to the Town Secretary and request that the statement be read into the record of the public meeting. Prior to reading the statement into the record, the Town Secretary or her designee must first verify the identity of the person whose signature appears on the statement. In order to allow the Town Secretary sufficient time to verify that the person whose name appears on the statement is the author of the statement, all such requests must be submitted to the Town Secretary no later than 9:00 a.m. of the day of the Council meeting at which the person requests that the statement be read. In the event that verification cannot be made prior to the meeting, the statement would be read into the record at the next regularly scheduled meeting after the verification process has been completed. All citizens shall refrain from private conversations in the chamber while the Town Council is in session. Citizens attending Town Council meetings shall observe the same rules of propriety, decorum, and good conduct applicable to the administrative staff. Any persons making personal, impertinent, or slanderous remarks, or who becomes boisterous while addressing the Town Council or while attending the Town Council meeting, shall be removed from the room if the Chief of Police (or his representative) is so directed by the Mayor/Chairman, and such person shall be barred from further audience before the Town Council during that session of the Town Council. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Mayor/Chairman, who shall direct the Chief of Police to remove such offenders from the room. In case the Chairman shall fail to act, any other of the Town Council may move to require the Chair to enforce the rules, and the affirmative vote of a majority of all members present of the Town Council shall require the presiding officer to act. No placards, banners or signs of any kind shall be permitted in the Council Chamber unless exhibits, displays and visual aids are used in connection with presentations to the Town Council, provided that such exhibits, displays and visuals aids do not disrupt the meeting. 5. Oral Presentations by Town Manager Matters requiring the Council’s attention or action which may have developed since the deadline for delivery of the written communication to the Council may, upon approval of the Council, be presented orally by the Town Manager. 6. Seating Arrangement The Town Secretary, Town Attorney, and Chief of Police shall occupy the respective seats in the Council Chamber assigned to them by the Chairman/Mayor, but any two (2) or more of the Town Council may exchange seats. Chapter 1 – Administration F. Consideration of Ordinances, Resolutions and Motions 1. Printed or Typewritten Form All ordinances and resolutions shall be presented to the Town Council only in printed or typewritten form. 2. Town Attorney to Approve All ordinances and resolutions shall be approved as to form and legality by the Town Attorney. 3. Distribution of Ordinances The Town Secretary shall prepare copies of all proposed ordinances for distribution to all members of the Town Council at the meeting at which the ordinance is introduced, or at such earlier time as is expedient. 4. Recording of Votes The show of hands shall be taken and entered upon the passage of all ordinances and resolutions and entered into the official record of the Council. 5. Majority of Vote Required Approval of every ordinance, resolution, or motion shall require the affirmative vote of a majority of all members of the Town Council in attendance. 6. Tie Vote In the event of a tie in votes on any motion, the Mayor may vote to break the tie. G. Rules of Decorum 1. Recognition by Chairman/Mayor No person shall address the Town Council without first being recognized by the Chairman/Mayor. 2. Order While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Town Council nor disturb any member while speaking or refuse to obey the orders of the Chairman/Mayor. Members of the Town Council shall not leave their seats during a meeting without first obtaining the permission of the Chairman/Mayor. 3. Chairman/Mayor May Debate and Vote The Chairman/Mayor may move only to such limitations of debate as are the rights and privileges of a Town Council member by reason of his acting as the Chairman/Mayor. If the Chairman/Mayor is engaged in debate and is abusing his position as chairman, at the insistence of any three Council members, the Chairman/Mayor member must relinquish the chair in accordance with provisions of Robert’s Rules of Order Newly Revised. Chapter 1 – Administration 4. Getting the Floor, Improper References to be Avoided Every member desiring to speak shall address the chair, and upon recognition by the Chairman/Mayor shall confine himself/herself to the questions under debate, avoiding all personalities and inappropriate language. 5. Interruptions A member, once recognized, shall not be interrupted when speaking unless it be to call the member to order, or as herein otherwise provided. If a member, while speaking, is called to order, the Town Council member shall cease speaking until the question of order be determined and, if in order, the Town Council member shall be permitted to proceed. H. Parliamentary Motions and Precedence Requires 2nd Debatable Amendable A Majority Vote of Those Present 1. To adjourn Yes No No Yes 2. To take a recess Yes No Yes Yes 3. To commit, refer, or recommit to committee Yes Yes Yes Yes 4. To amend Yes Yes Yes Yes 5. To amend an amendment Yes Yes No Yes 6. To postpone indefinitely Yes Yes No Yes 7. To table Yes No No Yes 8. Calling the question No No No Yes 9. Objecting to consideration of a question No No No 2/3 1. Discussion of Items Each agenda item shall be considered open for discussion when announced by the Chair; thus, a main motion to consider the item is not necessary as a prerequisite to discussion. If a member wishes to challenge an agenda item on the basis that the item is not a proper topic for Council discussion, such member shall state that he or she “objects to the consideration of the question”. This action does not require a second. When the objection is made, the Chair shall immediately call the question: “Will the assembly consider this question?” If 2/3 of the members vote “no”, the question cannot be introduced. An objection to consideration of a question must be made when the item is first introduced and before it has been debated. A motion for appropriate action shall be made after discussion of an item has been concluded. 2. Motions Chapter 1 – Administration After obtaining the floor a motion can be made before the assembly on the particular subject of discussion. A “Second” to the motion must be made by another Town Council member within a reasonable but brief time period. Without a “second” the motion dies. No main motion can be made when another motion is pending. 3. Withdrawal of Motions A motion may be withdrawn, or modified, by its mover without asking permission until the motion has been stated by the Chairman/Mayor. If the mover modifies his motion, the seconder may withdraw his second. After the question has been stated, the mover shall neither withdraw it nor modify it without the consent of the Council. 4. Stating the Question In principle, the Chairman/Mayor must state the question on a motion immediately after it has been made and seconded, unless the Council member is obligated to rule that the motion is out of order or if the wording is not clear. 5. Amendments to Motions No motion or proposition of a subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. 6. Debate Debate must be limited to the merits of the immediately pending question as stated by the chair and by authority of the Chairman/Mayor. 7. Calling for the Questions The Chairman/Mayor may “call for the question” without a vote if debate appears to have closed and if there are not objections by any Council member. Any Council member may “call for the question” to take the vote on the immediately pending question and such other questions as are specified in the motion. The Chairman/Mayor then shall take a vote of the Council to close debate. 8. Point of Order or Parliamentary Inquiry A member may interrupt debate for immediate consideration of questions relating to rights and privileges of the assembly. The Chairman/Mayor will decide the question or may refer to the Town Attorney for a ruling. The Chairman/Mayor’s decision is subject to appeal to the Town Council. I. Creation of Committees, Boards and Commissions 1. Council Committees The Council may, as the need arises, authorize the appointment of “ad hoc” committees. Except where otherwise specifically provided, the Mayor shall appoint the members of the “ad hoc” committees, subject to the approval of the Town Council. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Town Council. Chapter 1 – Administration 2. Citizen Boards, Commissions, and Committees The Town Council may create other Committees, Boards and Commissions to assist in the conduct of the operation of the Town government with such duties as the Council may specify. Memberships and selection of members shall be as provided by the guidelines in Resolution No. 1999-36, as amended, to appoint committees. Any committees, boards, or commissions so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Town Council. No committee so appointed shall have powers other than advisory to the Town Council, except as otherwise specified by the laws of the State of Texas. (Ord. No. 2001-27, Exhibit “A”, 11-19-01, Repealed by Ord. No. 2006-03, Exhibit “A”, 2-6-06) Chapter 1 – Administration Article VII Town Attorney Section 7.01 Authority The Town Attorney, in her capacity as the chief legal officer of the Town, represents the Town in legal matters affecting the Town, including but not limited to litigation matters. The Town Attorney is hereby authorized to represent the Town, including but not limited to its officers and employees, in litigation matters and to retain the services of outside counsel as necessary and appropriate to represent the Town. All other previous actions of the Town Attorney in representing the Town of Trophy Club are hereby ratified, including but not limited to representation in litigation and other legal matters. (Ord. No. 2004-06, § II, 2-2-04) Code of Ordinances Cross Reference: (Town Attorney Authority/SubDivision Regulations), Chapter 12 § 6.03 Chapter 1 – Administration Article VIII Schedule of Fees Section 8.01 Applicability/Conflict & Waiver A. The provisions of this Article 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 Article. Separately adopted Codes 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 Article, the fee amount set forth herein shall apply unless the separately adopted Article specifically provides that it controls. This Article should not be construed to be all inclusive of required permits or fees within the Town of Trophy Club. B. 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. Ord. No. 2004-12, § II & III, 3-15-04 Repealed by Ord. No. 2005-10, § II & III, 5-2-05 Chapter 1 – Administration Section 8.02 Building Definitions When used in this Article, the following terms shall have the respective meanings ascribed to them: Accessory Building: A subordinate building or structure of masonry and/or wood construction, detached from the main building, and customarily incidental to the principal building. Addition: An extension or increase in floor area or height of a building or structure. Apartment: Any building, or portion thereof which is designed, built, rented, leased, let or hired out to be occupied as three (3) or more apartments or which is occupied as the home or residence of three (3) or more families living independently of each other and maintaining separate cooking facilities. Assembly Group: A building or portion of a building used for the gathering together of fifty (50) or more persons for such purposes as entertainment, education, worship, amusement, drinking or dining. Commercial Carport: A permanent roofed structure constructed on a commercially zoned tract of land, entirely open on at least two sides, designed or used to shelter not more than two private passenger vehicles. Condominium: The separate ownership of single units or apartments in a multiple unit structure or structures with common elements as defined in Article 1301a, Texas Revised Civil Statutes Annotated, as amended. Congregate Care: Any building or portion thereof that contains facilities for living, sleeping and sanitation that may include facilities for eating and cooking, for occupancy by other than a family. A congregate care building may be a convent or monastery, but does not include jails, hospitals, nursing homes, hotels or lodging houses. Day Care Facility: An establishment where more than three (3) unrelated children under fourteen (14) years of age are left for care, training, education, custody, or supervision during the day or any portion thereof. The term “day care center” shall not include overnight lodging, medical treatment, counseling, or rehabilitative services, and does not apply to any school, public or private, as herein defined. Such facility shall be operated in a manner as required by Chapter 42 of the Human Resources Code of the state of Texas, as amended, and in accordance with such standards as may be promulgated by the Texas Department of Human Resources. Educational Building: A building reserved for the use of primary and secondary students (ages 5 to 18). Guest House: A secondary structure on a lot which may contain dwelling accommodations for the temporary occupancy by guests and not for rent or permanent occupancy, and such building not having a separate utility meter. Hospital/Medical 24 Hour Care: A facility providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities. Hotel/Motel: A building or group of buildings designed and occupied as a temporary abiding place for individuals. To be classified as a hotel an establishment shall contain a minimum of six (6) individual guest rooms or units and may furnish customary services such as linen, maid service, telephone, use and upkeep of furniture. a. High Rise: Any building, as defined above, exceeding five stories. Chapter 1 – Administration b. Low Rise: Any building, as defined above, with one to four stories. Office: Office space used for indeterminate purposes which may include corporate, governmental, medical, or other forms of usage. Medical/24 Hour Care: Refer to “Hospital”. Multi-Family Residential: A building or buildings containing or aggregating four or more single-family dwelling units. Repair Garage: A repair garage is any building or part thereof which is used for painting, body and fender work, engine overhauling or other major repair of motor vehicles. This occupancy shall not include motor vehicle service stations. Residential Garage: An accessory building or a portion of a main building for the storage or parking of motor vehicles as may be required in connection with the permitted use of the main building. A private garage shall be totally enclosed with the only exceptions being openings used for access or ventilation, shall be constructed of similar style and material as the main structure. Service Station: A retail place of business engaged primarily in the sale of motor fuels, but also supplying goods and services required in the operation and maintenance of automotive vehicles. These may include petroleum products, tires, batteries, automotive accessories and replacement items, washing and lubrication services, the performance of minor automotive maintenance and repair, and the supplying of other incidental customer services and products, but excluding major automotive repairs, painting, and body and fender work. Shell Building: The construction of a functioning building, including site work, the building envelope and public areas, with operating elevators and core utility systems, but excluding work in the areas reserved for tenant occupancy. Single Family: A portion of an enclosed building having accommodations for and occupied by only one family, attached to like units, which units may be sold individually provided that the entire building meets all lot area, front yard, side yard, rear yard, height and other zoning requirements. Tennant Improvement: The completion, remodeling or altering of a space within an existing building. (Ord. No. 2005-17, § II, 7-18-05, Repealed by Ord. No. 2005-20, § II, 8-1-05) Chapter 1 – Administration Section 8.03 Community Development Department A. Animal Run Permit $15.00 Processing Fee $25.00 B. Apartment Complex License Annual Permit (for first location) $120.00 Reinstatement License (for first location) $120.00 Each Additional Dwelling Unit $25.00 Reinspection $30.00 C. Building (New Construction Residential & Commercial) Construction Types:Construction Types: Construction Types: I A, I B II A, III A, V A II B, III B, IV, V B IBC/ICC Class IBC/ICC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 s.f. * Base Cost @ Threshold Size Cost for Each Additional 100 s.f. * Base Cost @ Threshold Size Cost for Each Additional 100 s.f. * A-2 Assembly Group: Churches, restaurants 500 $2,616 $46.74 $2,180 $38.95 $1,744 $31.16 A-3 - 2,500 $3,551 $62.58 $2,959 $52.15 $2,367 $41.72 A-4 - 5,000 $5,115 $32.41 $4,263 $27.01 $3,410 $21.61 E - 10,000 $6,736 $31.28 $5,613 $26.06 $4,490 $20.85 - - 25,000 $11,427 $24.49 $9,523 $20.41 $7,618 $16.33 50,000 $17,550 $35.10 $14,625 $29.25 $11,700 $23.40 A Assembly Group - TI 250 $1,220 $43.88 $1,016 $36.57 $813 $29.26 - - 1,250 $1,659 $58.16 $1,382 $48.47 $1,106 $38.78 - - 2,500 $2,386 $30.31 $1,988 $25.26 $1,590 $20.21 - - 5,000 $3,143 $29.23 $2,620 $24.36 $2,096 $19.49 - - 12,500 $5,336 $22.96 $4,446 $19.13 $3,557 $15.30 - - 25,000 $8,205 $32.82 $6,838 $27.35 $5,470 $21.88 R-4 Congregate Care - Complete 1,000 $4,624 $40.55 $3,853 $33.79 $3,083 $27.03 - - 5,000 $6,246 $55.86 $5,205 $46.55 $4,164 $37.24 - Residential care/assissted living 10,000 $9,039 $28.47 $7,533 $23.73 $6,026 $18.98 - more than 5, less than 17 clients. 20,000 $11,886 $27.46 $9,905 $22.88 $7,924 $18.30 - - 50,000 $20,123 $21.32 $16,769 $17.76 $13,415 $14.21 100,000 $30,780 $30.78 $25,650 $25.65 $20,520 $20.52 E Educational Building - Complete 2,000 $7,428 $32.58 $6,190 $27.15 $4,952 $21.72 B - 10,000 $10,034 $44.86 $8,362 $37.38 $6,690 $29.90 - K-12, Private 20,000 $14,520 $22.87 $12,100 $19.06 $9,680 $15.25 - Daycare included elsewhere. 40,000 $19,094 $22.06 $15,912 $18.38 $12,730 $14.70 - - 100,000 $32,328 $17.11 $26,940 $14.26 $21,552 $11.41 - - 200,000 $49,440 $24.72 $41,200 $20.60 $32,960 $16.48 E Educational Building - TI 250 $1,220 $43.88 $1,016 $36.57 $813 $29.26 B - 1,250 $1,659 $58.16 $1,382 $48.47 $1,106 $38.78 - - 2,500 $2,386 $30.31 $1,988 $25.26 $1,590 $20.21 - - 5,000 $3,143 $29.23 $2,620 $24.36 $2,096 $19.49 - - 12,500 $5,336 $22.96 $4,446 $19.13 $3,557 $15.30 25,000 $8,205 $32.82 $6,838 $27.35 $5,470 $21.88 R-1 Hotel Low/Mid Rise - Complete 1,000 $4,682 $40.92 $3,902 $34.10 $3,121 $27.28 - - 5,000 $6,319 $56.65 $5,266 $47.21 $4,212 $37.77 - Hotel and motel low-rise 10,000 $9,151 $28.80 $7,626 $24.00 $6,101 $19.20 - structure of less than 5 floors. 20,000 $12,031 $27.78 $10,026 $23.15 $8,021 $18.52 - - 50,000 $20,364 $21.53 $16,970 $17.94 $13,576 $14.35 - - 100,000 $31,128 $31.13 $25,940 $25.94 $20,752 $20.75 Chapter 1 – Administration R-1 Hotel Low/Mid Rise - TI 250 $1,906 $65.77 $1,589 $54.81 $1,271 $43.85 - - 1,250 $2,564 $92.86 $2,137 $77.38 $1,709 $61.90 - Hotel and motel low-rise 2,500 $3,725 $46.70 $3,104 $38.92 $2,483 $31.14 - structure of less than 5 floors. 5,000 $4,892 $45.03 $4,077 $37.52 $3,262 $30.02 - - 12,500 $8,270 $34.69 $6,891 $28.91 $5,513 $23.13 - - 25,000 $12,606 $50.42 $10,505 $42.02 $8,404 $33.62 B Offices, etc. - Complete 1,000 $4,457 $38.51 $3,714 $32.09 $2,971 $25.68 - - 5,000 $5,997 $54.21 $4,998 $45.18 $3,998 $36.14 - 10,000 $8,708 $27.32 $7,256 $22.76 $5,805 $18.21 - 20,000 $11,439 $26.35 $9,533 $21.95 $7,626 $17.56 - - 50,000 $19,343 $20.30 $16,119 $16.91 $12,895 $13.53 - - 100,000 $29,490 $29.49 $24,575 $24.58 $19,660 $19.66 B Offices, etc. - TI 100 $685 $65.47 $571 $54.56 $457 $43.65 - - 500 $947 $79.02 $789 $65.85 $631 $52.68 - - 1,000 $1,342 $43.47 $1,119 $36.23 $895 $28.98 - - 2,000 $1,777 $41.92 $1,481 $34.93 $1,185 $27.95 - - 5,000 $3,035 $33.93 $2,529 $28.28 $2,023 $22.62 - - 10,000 $4,731 $47.31 $3,943 $39.43 $3,154 $31.54 M Retail Sales - Complete 500 $3,067 $54.91 $2,555 $45.76 $2,044 $36.61 - - 2,500 $4,165 $73.29 $3,471 $61.08 $2,777 $48.86 - - 5,000 $5,997 $38.04 $4,998 $31.70 $3,998 $25.36 - - 10,000 $7,899 $36.69 $6,583 $30.58 $5,266 $24.46 - - 25,000 $13,403 $28.74 $11,169 $23.95 $8,935 $19.16 50,000 $20,588 $41.18 $17,156 $34.31 $13,725 $27.45 M Retail Sales - TI 100 $685 $65.47 $571 $54.56 $457 $43.65 - - 500 $947 $79.02 $789 $65.85 $631 $52.68 - - 1,000 $1,342 $43.47 $1,119 $36.23 $895 $28.98 - - 2,000 $1,777 $41.92 $1,481 $34.93 $1,185 $27.95 - - 5,000 $3,035 $33.93 $2,529 $28.28 $2,023 $22.62 10,000 $4,731 $47.31 $3,943 $39.43 $3,154 $31.54 I-2 Hospital and Institutional - Complete 5,000 $19,219 $35.82 $16,015 $29.85 $12,813 $23.88 - - 25,000 $26,383 $44.95 $21,985 $37.46 $17,589 $29.97 - Physical limitation based on age 50,000 $37,620 $24.18 $31,349 $20.15 $25,081 $16.12 - or health, NOT capable of self 100,000 $49,710 $23.31 $41,423 $19.42 $33,142 $15.54 - preservation. 250,000 $84,675 $18.63 $70,560 $15.52 $56,453 $12.42 500,000 $131,250 $26.25 $109,371 $21.87 $87,504 $17.50 Chapter 1 – Administration I-2 Hospital and Institutional - TI 1,000 $3,064 $27.82 $2,554 $23.18 $2,043 $18.54 - - 5,000 $4,177 $36.36 $3,481 $30.30 $2,785 $24.24 - Physical limitation based on age 10,000 $5,995 $19.09 $4,996 $15.91 $3,997 $12.73 - or health, NOT capable of self 20,000 $7,904 $18.42 $6,586 $15.35 $5,270 $12.28 - preservation. 50,000 $13,430 $14.54 $11,191 $12.12 $8,954 $9.69 100,000 $20,700 $20.70 $17,249 $17.25 $13,801 $13.80 I-1 Medical/24 Hour Care - Complete 1,000 $2,971 $25.68 $2,476 $21.39 $1,981 $17.12 - - 5,000 $3,998 $36.14 $3,332 $30.12 $2,665 $24.09 - Physical limitation based on age 10,000 $5,805 $18.21 $4,837 $15.17 $3,870 $12.14 - or health, capable of self 20,000 $7,626 $17.56 $6,355 $14.64 $5,084 $11.71 - preservation with 17 or more 50,000 $12,895 $13.53 $10,745 $11.27 $8,597 $9.02 100,000 $19,660 $19.66 $16,383 $16.38 $13,107 $13.11 I-1 Medical/24Hour Care - TI 100 $457 $43.65 $381 $36.37 $305 $29.10 - - 500 $631 $52.68 $526 $43.90 $421 $35.12 - Physical limitation based on age 1,000 $895 $28.98 $746 $24.15 $597 $19.32 - or health, capable of self 2,000 $1,185 $27.95 $987 $23.29 $790 $18.63 - preservation with 17 or more 5,000 $2,023 $22.62 $1,686 $18.85 $1,349 $15.08 10,000 $3,154 $31.54 $2,628 $26.28 $2,103 $21.03 I-4 Day Care Facility - Complete 250 $2,672 $93.93 $2,227 $78.27 $1,781 $62.62 E- 1,250 $3,611 $128.96 $3,010 $107.46 $2,408 $85.97 R-3 - 2,500 $5,223 $65.87 $4,353 $54.89 $3,482 $43.91 - Custodial care on less than 24 5,000 $6,870 $63.53 $5,725 $52.94 $4,580 $42.35 - hour basis of any age. 12,500 $11,634 $49.37 $9,695 $41.14 $7,756 $32.91 25,000 $17,805 $71.22 $14,838 $59.35 $11,870 $47.48 I-4 Day Care Facility - TI 100 $685 $65.47 $571 $54.56 $457 $43.65 E- 500 $947 $79.02 $789 $65.85 $631 $52.68 R-3 - 1,000 $1,342 $43.47 $1,119 $36.23 $895 $28.98 - Custodial care on less than 24 2,000 $1,777 $41.92 $1,481 $34.93 $1,185 $27.95 - hour basis of any age. 5,000 $3,035 $33.93 $2,529 $28.28 $2,023 $22.62 10,000 $4,731 $47.31 $3,943 $39.43 $3,154 $31.54 R-2 Condominium/Apt. - Standard Plan 1,000 $4,682 $40.92 $3,902 $34.10 $3,121 $27.28 - - 5,000 $6,319 $56.65 $5,266 $47.21 $4,212 $37.77 - Sq ft of entire building not 10,000 $9,151 $28.80 $7,626 $24.00 $6,101 $19.20 - relative to # of units 20,000 $12,031 $27.78 $10,026 $23.15 $8,021 $18.52 - - 50,000 $20,364 $21.53 $16,970 $17.94 $13,576 $14.35 100,000 $31,128 $31.13 $25,940 $25.94 $20,752 $20.75 R-2 Condominium/Apt. Unit Completion - TI 100 $953 $96.12 $795 $80.10 $636 $64.08 - - 500 $1,338 $106.50 $1,115 $88.75 $892 $71.00 - Used only when submitted 1,000 $1,870 $61.67 $1,559 $51.39 $1,247 $41.11 - separately from "Standard Plan" permit. 2,000 $2,487 $59.50 $2,073 $49.58 $1,658 $39.66 - - 5,000 $4,272 $49.39 $3,560 $41.16 $2,848 $32.93 10,000 $6,742 $67.42 $5,618 $56.18 $4,494 $44.94 Chapter 1 – Administration R-2 Condominium/Apt. - Common Area - TI 100 $885 $92.48 $738 $77.06 $590 $61.65 A-2 - 500 $1,255 $96.62 $1,046 $80.52 $837 $64.42 B Used only when submitted 1,000 $1,738 $58.02 $1,449 $48.35 $1,159 $38.68 - separately from "Standard Plan" permit. 2,000 $2,318 $55.98 $1,932 $46.65 $1,546 $37.32 - - 5,000 $3,998 $47.27 $3,332 $39.39 $2,665 $31.51 10,000 $6,361 $63.61 $5,301 $53.01 $4,241 $42.41 IRC SFD Single-Family - Standard Plan 1,000 $3,194 $10.58 $2,661 $8.81 $2,129 $7.05 - - 1,500 $3,247 $35.71 $2,705 $29.76 $2,164 $23.81 - (includes townhouses, duplexes, 2,000 $3,425 $5.30 $2,854 $4.41 $2,283 $3.53 - attached residences, etc.) 3,000 $3,478 $22.49 $2,898 $18.74 $2,319 $14.99 - - 5,000 $3,928 $19.58 $3,273 $16.31 $2,619 $13.05 10,000 $4,907 $49.07 $4,089 $40.89 $3,271 $32.71 IRC SFD Single-Family - Custom 1,000 $3,293 $3.98 $2,744 $3.31 $2,195 $2.65 - - 1,500 $3,313 $35.68 $2,761 $29.74 $2,208 $23.79 - - 2,000 $3,491 $5.31 $2,909 $4.43 $2,327 $3.54 - - 3,000 $3,544 $22.48 $2,954 $18.73 $2,363 $14.99 - - 5,000 $3,994 $18.92 $3,328 $15.76 $2,663 $12.61 10,000 $4,940 $49.40 $4,116 $41.16 $3,293 $32.93 IRC SFD Guest House - Custom 100 $1,498 $135.00 $1,248 $112.50 $998 $90.00 - - 500 $2,038 $178.31 $1,698 $148.59 $1,358 $118.87 - - 1,000 $2,929 $93.11 $2,441 $77.59 $1,953 $62.07 2,000 U Residential Garage 50 $565 $99.90 $471 $83.25 $377 $66.60 - - 250 $765 $135.86 $637 $113.21 $510 $90.57 - - 500 $1,104 $69.74 $920 $58.11 $736 $46.49 - - 1,000 $1,453 $67.29 $1,211 $56.08 $969 $44.86 - - 2,500 $2,462 $52.44 $2,052 $43.70 $1,642 $34.96 5,000 $3,773 $75.47 $3,144 $62.89 $2,516 $50.31 U-1 Accessory Building - Commercial 50 $564 $102.14 $470 $85.12 $376 $68.09 - - 250 $769 $134.19 $641 $111.83 $513 $89.46 - Fire pump, restrooms, storage, 500 $1,104 $70.25 $920 $58.54 $736 $46.83 - maintainance, etc. 1,000 $1,455 $67.77 $1,213 $56.48 $970 $45.18 - Include those associated with 2,500 $2,472 $53.40 $2,060 $44.50 $1,648 $35.60 5,000 $3,807 $76.14 $3,173 $63.45 $2,538 $50.76 U-1 Commercial Carport 50 $446 $82.64 $372 $68.86 $297 $55.09 S-2 - 250 $611 $104.64 $509 $87.20 $407 $69.76 - Site and structure review - 500 $873 $55.97 $727 $46.64 $582 $37.31 - Comm. & MF developments 1,000 $1,153 $53.99 $961 $44.99 $768 $35.99 - - 2,500 $1,962 $43.04 $1,635 $35.86 $1,308 $28.69 5,000 $3,038 $60.77 $2,532 $50.64 $2,026 $40.51 Single-Fam Single-Family Residential - Addition 50 $768 $135.22 $640 $112.68 $512 $90.15 - - 250 $1,038 $185.07 $865 $154.23 $692 $123.38 - - 500 $1,501 $94.68 $1,251 $78.90 $1,001 $63.12 - - 1,000 $1,974 $91.33 $1,645 $76.11 $1,316 $60.89 - - 2,500 $3,344 $71.04 $2,787 $59.20 $2,230 $47.36 5,000 $5,120 $102.41 $4,267 $85.34 $3,414 $68.27 see single family R-2 Multi-Family Residential - Addition 50 $768 $135.22 $640 $112.68 $512 $90.15 - - 250 $1,038 $185.07 $865 $154.23 $692 $123.38 - - 500 $1,501 $94.68 $1,251 $78.90 $1,001 $63.12 - - 1,000 $1,974 $91.33 $1,645 $76.11 $1,316 $60.89 - - 2,500 $3,344 $71.04 $2,787 $59.20 $2,230 $47.36 5,000 $5,120 $102.41 $4,267 $85.34 $3,414 $68.27 U-1 Accessory Building - Residential 50 $565 $99.90 $471 $83.25 $377 $66.60 - - 250 $765 $135.86 $637 $113.21 $510 $90.57 - - 500 $1,104 $69.74 $920 $58.11 $736 $46.49 - Storage, playhouse, cabana, etc 1,000 $1,453 $67.29 $1,211 $56.08 $969 $44.86 - typically with SFR. 2,500 $2,462 $52.44 $2,052 $43.70 $1,642 $34.96 5,000 $3,773 $75.47 $3,144 $62.89 $2,516 $50.31 SHELL All Shell Buildings 1,000 $2,355 $21.50 $1,963 $17.91 $1,570 $14.33 - - 5,000 $3,215 $27.86 $2,679 $23.21 $2,144 $18.57 - - 10,000 $4,608 $14.70 $3,840 $12.25 $3,072 $9.80 - - 20,000 $6,078 $14.19 $5,065 $11.83 $4,052 $9.46 - - 50,000 $10,335 $11.22 $8,613 $9.35 $6,890 $7.48 100,000 $15,945 $15.95 $13,288 $13.29 $10,630 $10.63 IRC SFD Single Family - TI (remodel, etc.) 300 $250 $19.50 * Each additional 100 square feet, or portion thereof, up to the next highest project size threshold. Fees not listed will be determined based on anticipated costs to the municipality. Chapter 1 – Administration D. Certificate of Occupancy (Commercial) $75.00 Processing Fee $25.00 E. Construction in a Right of Way $50.00 F. Contractor Registration 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 G. Demolition Permit $50.00 H. 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 I. Electrical Permit Permit issuance $20.00 Processing Fee $25.00 Lighting Fixtures, Sockets, or other Lamp Holding Device First 20 .75 each Additional Fixtures .45 each Pole or Platform Mounted Lights .75 each Theatrical Lighting for Assemblies .75 each Non Residential Appliances $3.00 each 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 J. Fence Permit $30.00 Processing Fee $25.00 K. Grading Permit Single Residential Lot $45.00 ½ - 1 acre: $55.00 >1 - 3 acres $85.00 Chapter 1 – Administration >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) L. 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 M. Incidental Permit $25.00 N. Inspections Inspections outside of normal business hours (Minimum charge – 2 hrs) $47.00 per hour (1) 1st Reinspections (Minimum charge - ½ hr) $47.00 Inspections for which no fee is specifically indicated (Minimum charge – ½ hr) $47.00 per hour (1) For use of outside consultants for plan checking and inspections, or both Actual Costs O. Irrigation Permit $50.00 Processing Fee $25.00 P. Mechanical Permits For the issuance of each mechanical permit $23.50 Processing Fee $25.00 For issuing each supplemental permit for which the original permit has expired been cancelled or finaled $ 7.25 (Note: The following does not include permit-issuing fee.) 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 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 Appliance Vents For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit $ 7.25 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 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 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 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 Chapter 1 – Administration 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 Over 50 horsepower (176 kW) or each absorption system over 1,750,000 Btu/h (512.9 kW) $92.65 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 Evaporative Coolers For each evaporative cooler other than portable type $10.65 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 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 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 Inspection outside of normal business hours, per hour (minimum charge- two hours) $49.50* Reinspection fees assessed under provisions of Section 116.6, per inspection $49.50* Inspections for which no fee is specifically indicated, Per hour (Minimum charge-one-half hour) $49.50* 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. Q. Noise Permit $25.00 R. Plan Review Additional plan review required by changes, additions or revisions to plans (Minimum charge – ½ hr) $47.00 per hour (1) For use of outside consultants for plan checking and inspections, or both Actual Costs S. Plumbing Permit 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 Chapter 1 – Administration 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. T. Retaining Wall Permit $30.00 Processing Fee $25.00 U. Re-Roofing Permit $50.00 Processing $25.00 V. Satellite Permit (Greater than 36-inch) $50.00 W. Sign Permit Permanent sign (1-50 sq.ft.) $50.00 + Electrical Permanent sign (50+ sq. ft.) $1.00 per square foot Temporary Sign $25.00 X. Single Family License Annual Permit (for first single location) $120.00 Reinstatement License (for first single location) $120.00 Each Additional Dwelling Unit $25.00 Reinspection $30.00 Y. Stormwater Drainage Utility Residential Monthly Fee Single Family – Square footage up to 4000 $1.00 Single Family -- Square footage of 4001 to 9999 $2.00 Single Family – Square footage over 10,000 $3.00 Multi Family Properties Apartments $0.50 per unit Limit to be set by Director Chapter 1 – Administration Non-Residential Properties Impervious Area in Square Feet 0 - 10,000 sf impervious area $5.00 or flat fee of $0.06 per 100 sf 10,001 – 50,000 sf impervious area $7.50 50,001 - 100,000 sf impervious area $10.00 100,001 – 200,000 sf impervious area $12.50 200,001 – 400,000 sf impervious area $15.00 400,001 – 3,000,000 sf impervious area $17.50 Z. Swimming Pool Permit $1.00 to $500.00 $23.50 $501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000 plus $4.75 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $1,000,000.00 and up $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000.00 or fraction thereof Pool Electrical $50.00 Pool Plan Review 35% of permit fee Pool Plumber $50.00 Propane Tank $34.00 AA. Tree Preservation Permit $25.00/tree BB. Work Done Prior to Permit Approval/Issuance Double the regular permit fee CC. Refunding of Fees paid shall comply with Section 108.6 of the 2003 International Building Code. Otherwise above fees are not refundable. 1 International Building Code 2 National Electrical Code 3 International Mechanical Code 4 International Plumbing Code (1) 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. (2) Actual costs include administrative and overhead costs. Chapter 1 – Administration (Ord. No. 2004-12, § Exhibit “A”, 3-15-04 Repealed by Ord. No. 2005-10, § Exhibit “A”, 5-2-05; Building (New Construction Residential & Commercial Fees Ord No. 2005-29, § 3 & Exhibit “A”, 10-5-05) Code of Ordinances Cross Reference: (Animal Run Permits), Chapter 13, § 7.01; (Apartment Complex Licensing), Chapter 3, § 13.04; (Fence Permits), Chapter 13, § 7.01; (Grading Permits), Chapter 12, § 8.11; (Health Permits, Food Establishments) Chapter 6, 2.05; Health Permits, Reinstatement Fee) Chapter 6, § 2.06; (Health Permits, Food Establishment Inspection Fee and Reinspection Fee), Chapter 6, §2.08; (Food Establishment Plan Review Fee), Chapter 6, § 2.10; (Retaining Wall Permits), Chapter 13, § 7.01; (Roof Repair Permit), Chapter 3, § 11.04; (Single Family Residence Licensing), Chapter 3, § 14.04; (Stormwater Drainage Utilities), Chapter 11, § 5.03; (Swimming Pool Fees), Chapter 3, § 15.04; (Tree Preservation Permit Fees), Chapter 12, § 8.08 & § 8.10 Chapter 1 – Administration Section 8.04 Planning & Zoning Department A. Comprehensive Zoning Ordinance $15.00 B. Subdivision Regulations $15.00 C. Comprehensive Land Use Plan $15.00 D. Park Plan Supplement to Comprehensive Land Use Plan $5.00 E. Pathway Plan Supplement to Comprehensive Land Use Plan $15.00 F. Design Standards for Paving, Drainage and Utility Improvements $25.00 Maps 1. Topography $.50/sheet 2. Zoning (11” x 17”) $.50 3. Zoning (24” x 36”) $5.00 G. 4. Street (11” x 17”) $.50 Meetings 1. Concept Meeting with Developer/Applicant (initial meeting) $300.00 Flat Fee 2. All subsequent meetings with Developer/Applicant and staff $100.00 per hour 3. (staff and consultants) $250.00 per hour H. I. Engineering Review 1. Amended Plat $110.00 per hour 2. Replat $110.00 per hour 3. Short Form Plat $110.00 per hour 4. Preliminary Plat $110.00 per hour 5. Final Plat (includes construction plans) $110.00 per hour 6. Developer’s Agreement $110.00 per hour 7. Civil Plans $110.00 per hour 8. Supplemental reviews resulting from plan revisions $110.00 per hour Developer’s Inspection Fee J. 1. Inspection of Utilities, Infrastructure 5% of contract price Subdivider’s Agreement 1. Revisions / Review by staff (including Town Attorney) K. 2. Initial Review $300.00 $75.00 per hour L. Update to Official Zoning Map $75.00 per hour M. Meritorious Exception $50.00 N. Fence/Retaining Wall Waiver $50.00 O. Public Hearing Legal Notice for Property Owners within 200 feet Current Postal Rate for First Class Mail/per letter P. Newspaper Publication for Public Hearing Notice $Actual Cost Q. Planned Development Ordinance Publication $Actual Cost R. Drilling Permits 1. Specific Use Permit for new Petroleum or Gas Well $2,000.00 Chapter 1 – Administration 2. Transfer of permit if Well is Sold $150.00 3. Exploration Permit $100.00 4. Gas Well Permit $1,000.00 5. Oil Well Permit $1,000.00 6. Pipeline Inspection 3% of the value of the pipeline 7. Extraction Observation $300.00 8. Re-inspection Fee $45.00 9. Acceptance Inspection of Completed Well $300.00 10. Additional Services from Third Party Consultant $250.00 per hour 11. Additional Services from Third Party Inspector $250.00 per hour S. Zoning Change Request 1. (Straight Zoning) $300 + $10/lot (res.) 2. (Straight Zoning) $300 + $15/acre (non-res.) 3. (PD) $400 + $10/lot (res.) 4. (PD) $400 + $15/acre (non-res.) T. Conditional Use Permit $200 + $15/acre U. Temporary Use Permit $25.00 V. Specific Use Permit $300 + $15/acre W. Specific Use Permit for Sale of Mixed Beverages in Restaurants by Food and Beverage Certificate Only $300.00 X. Specific Use Permit for Beer & Wines Sales (Off Premise Consumption Only) $300.00 Y. Mixed Beverage – 1st through 3rd years Exempt Z. Mixed Beverage – 4th and subsequent years *½ of state fee in effect at the time of permit AA. Off-Premise Beer and/or Wine *$30.00 BB. Concept Plan $200 CC. Site Plan $200 + $15/acre DD. Landscape Plan $200.00 Zoning Verification Letter 1. First letter within two (2) months of zoning approval EE. 2. All Subsequent Letters $10.00 $15.00/site FF. Zoning Coordinator Opinion/Interpretation Letters $25.00 GG. Amendment to Planned Development Ordinance $300.00 HH. Amended Plat 1. (Straight Zoning) $200 + $10/lot (res.) 2. (Straight Zoning) $200 + $15/acre (non-res.) 3. (PD) $250 + $10/lot (res.) 4. (PD) $250 + $15/acre (non-res.) Chapter 1 – Administration II. Replat 1. (Straight Zoning) $200 + $10/lot (res.) 2. (Straight Zoning) $200 + $15/acre (non-res.) 3. (PD) $250 + $10/lot (res.) 4. (PD) $250 + $15/acre (non-res.) JJ. Short Form Plat 1. (Straight Zoning) $200 + $10/lot (res.) 2. (Straight Zoning) $200 + $15/acre (non-res.) 3. (PD) $300 + $10/lot (res.) 4. (PD) $300 + $15/acre (non-res.) KK. Preliminary Plat 1. (Straight Zoning) $300 + $10/lot (res.) 2. (Straight Zoning) $300 + $15/acre (non-res.) 3. (PD) $400 + $10/lot (res.) 4. (PD) $400 + $15/acre (non-res.) LL. Preliminary Plat 1. (Straight Zoning) $300 + $10/lot (res.) 2. (Straight Zoning) $300 + $15/acre (non-res.) 3. (PD) $400 + $10/lot (res.) 4. (PD) $400 + $15/acre (non-res.) MM. Plat Vacation $200.00 NN. Rush Plat Filing $300.00 OO. Denton County Filing Costs Actual Cost * Denotes Annual Fee (Ord. No. 2004-12, § Exhibit “A”, 3-15-04 Repealed by Ord. No. 2005-10, § Exhibit “A”, 5-2-05) Code of Ordinances Cross Reference: (Plat Fees), Chapter 12, § 3.03, 3.07, 3.08, 3.09; (Oil and Gas Well Permit Fees), Chapter 13, § 5.12 Chapter 1 – Administration Section 8.05 Zoning Board of Adjustment A. Variance Request $150.00 B. Public Hearing Legal Notice for Property Owners within 200 feet Current Postal Rate for Certified Return Receipt Mail + $.55 each C. 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. (Ord. No. 2004-12, § Exhibit “A”, 3-15-04 Repealed by Ord. No. 2005-10, § Exhibit “A”, 5-2-05) Code of Ordinances Cross Reference: (Fees), Chapter 12, § 8.05 Chapter 1 – Administration Section 8.06 Animal Control A. Registration $5.00 B. Lost License $1.00 C. Impound Fee plus $30.00/day Transportation Fee $10.00 D. Quarantine Fee $200.00 E. Vicious Dog Registration $25.00 /year F. Trap Rental ($50.00 deposit) $10.00/fourteen days (Ord. No. 2004-12, § Exhibit “A”, 3-15-04 Repealed by Ord. No. 2005-10, § Exhibit “A”, 5-2-05) Code of Ordinances Cross Reference: (Animal Registration) Chapter 2, § 1.09; § 1.14; § 1.21 Chapter 1 – Administration Section 8.07 Emergency Medical Services Billing A. BLS Base Rate $400.00 B. ALS Base Rate $500.00 C. ALS 2 Base Rate (2 drugs or more) $700.00 D. Mileage (per) $7.00 E. Treatment No Transport* $150.00 (*Fee is charged only if invasive Advanced Life Support procedures were initiated) (Ord. No. 2004-12, § Exhibit “A”, 3-15-04 Repealed by Ord. No. 2005-10, § Exhibit “A”, 5-2-05) Code of Ordinances Cross Reference: (EMS Fees) Chapter 10, § 10.03 Chapter 1 – Administration Section 8.08 Fire* Plan Review A. 0 – 100,000 square feet $0.020 per square feet B. 100,001 – 300,000 square feet $2,000.00 for the first 100,000 square feet C. 100,001 square feet plus $0.018 for each additional square foot of area D. 300,000+ square feet $5,600.00 for the first 300,000 square feet $0.012 for each additional square foot of area or fraction thereof 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 (Ord. No. 2004-12, § Exhibit “A”, 3-15-04 Repealed by Ord. No. 2005-10, § Exhibit “A”, 5-2-05) Chapter 1 – Administration Section 8.09 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. Compressed gases* $100.00 12. Commercial rubbish handling operations* $250.00 13. Cryogen's* $250.00 14. Dry Cleaning Plants* $50.00 15. Fireworks* $300.00 16. Flammable or combustible liquids* $100.00 17. Motor vehicle fueling dispensing station* $50.00 18. Places of assembly* $50.00 19. Pyrotechnical special effects material* $50.00 20. Temporary membranes structures, tent and canopies* $25.00 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. (Ord. No. 2004-12, § Exhibit “A”, 3-15-04 Repealed by Ord. No. 2005-10, § Exhibit “A”, 5-2-05) Chapter 1 – Administration Section 8.10 Municipal Court Capias Fee $50.00 Transcription Fee $25.00 Warrant Fee $50.00 (Ord. No. 2004-12, § Exhibit “A”, 3-15-04 Repealed by Ord. No. 2005-10, § Exhibit “A”, 5-2-05) Code of Ordinances Cross Reference: (Transcription Fee), Chapter 7, § 1.09; (Warrant Fees), Chapter 6, § 1.08 Chapter 1 – Administration Section 8.11 Police Department Accident Reports $6.00 Good Conduct Record $5.00 Fingerprints $10.00/per card Parking Permit $50.00 Soliciting Permit Commercial $25.00 Charitable $10.00 Alarm Fees Permit for Single Family $50.00 Multi-Family $50.00 + $5 per permit for each unit Commercial $100.00 Overweight Vehicle Transport $50.00 (Ord. No. 2004-12, § Exhibit “A”, 3-15-04 Repealed by Ord. No. 2005-10, § Exhibit “A”, 5-2-05) Code of Ordinances Cross Reference: (Soliciting Permit Fees), Chapter 10, §, 4.02 & 4.03; (Parking Permit Fees) Chapter 10, § 2.05; (Driving Safety Fees), Chapter 7, § 1.07; (Alarm Permit Fees), Chapter 10, § 3.03 & § 3.18; (Overweight Vehicle Transportation), Chapter 10, § 2.06; Chapter 1 – Administration Section 8.12 Community Pool Resident Cost (rate per entry) Trophy Club Resident Free Guest (2) per family household Free Each Additional Guest $3.00 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 Rates 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 (Ord. No. 2004-12, § Exhibit “A”, 3-15-04 Repealed by Ord. No. 2005-10, § Exhibit “A”, 5-2-05) Chapter 1 – Administration Section 8.13 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 C. Data Cartridge Actual Cost D. Tape Cartridge Actual Cost E. VHS Video Cassette $2.50 each F. Audio Cassette $1.00 each G. Oversized Paper Tray Copy $.50 each H. Mylar, 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. Rewritable CD (CD-RW) $1.00 J. Non-rewritable CD (CD-R) $1.00 K. Digital video disc (DVD) $3.00 L. Other electronic media Actual Cost 4. Personnel Charge: A. Programming Personnel $28.50/hour B. Other Personnel $15.00/hour 5. Overhead Charge 20% of personnel charge 6. Microfiche or Microfilm Charge A. Paper Copy $.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 Chapter 1 – Administration 14. No Sales Tax – No Sales Tax shall be applied to copies of public information. (Ord. No. 2004-12, § Exhibit “A”, 3-15-04 Repealed by Ord. No. 2005-10, § Exhibit “A”, 5-2-05) Chapter 1 – Administration Section 8.14 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 into 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 Disk (CD) ($1.00) (B) Magnetic tape – Actual Cost (C) Data Cartridge - Actual Cost (D) Tape Cartridge – Actual Cost (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, photograph – actual cost – see §111.70 (I) Rewritable CD (CD-RW) - $1.00 (J) Non-rewritable CD (CD-R) - $1.00 (K) Digital video disc (DVD) - $3.00 (L) Other electronic media – Actual Cost (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 $28.50 an hour, including fringe benefits. Only programming services will be charged at this hourly rate. Chapter 1 – Administration (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. (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. (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 ($28.50 per hour), the combined overhead would be $15.00 + $28.50 = $43.50 x .20 = $8.70. (f) Microfiche and microfilm charge. Chapter 1 – Administration (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. (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. Chapter 1 – Administration (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. (Ord. No. 2004-12, § Exhibit “A”, 3-15-04 Repealed by Ord. No. 2005-10, § Exhibit “A”, 5-2-05) Chapter 1 – Administration Section 8.15 Parks & 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 Article and any other Article, the amount specified in this fee Article 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. (Ord. No. 2004-12, § Exhibit “A”, 3-15-04 Repealed by Ord. No. 2005-10, § Exhibit “A”, 5-2-05) Chapter 1 – Administration Article IX Participation in Texas Municipal Retirement System (TMRS) Section 9.01 Employee Participation The Town Council of the Town of Trophy Club, Texas, on behalf of said Town, hereby exercises its option and elects to have the Town and all full-time employees of all departments now existing and those hereafter created participate in the Texas Municipal Retirement System as provided in the TMRS Act. (Ord. No. 1998-22, § I, 6-21-98) Chapter 1 – Administration Section 9.02 Town Manager Directed to Notify Board of Trustees of the Texas Municipal Retirement System The Town Manager is hereby directed to notify the Board of Trustees of the Texas Municipal Retirement System that the Town has elected to participate and have the employees of the Town covered in said System; (Ord. No. 1998-22, § II, 6-21-98) Chapter 1 – Administration Section 9.03 Condition of Membership Each person who becomes an employee of a participating city on or after the effective date of participation of such city whose position shall require more than 1,000 hours per year shall become a member of the Texas Municipal Retirement System as a condition of their employment. (Ord. No. 1998-22, § III, 6-21-98) Chapter 1 – Administration Section 9.04 Fixed 5% Participation Rate In accordance with the provisions of the TMRS Act, the deposits to be made to the Texas Municipal Retirement System on account of current service of the employees of the several participating departments are hereby fixed at the rate of 5 percent (5%) of the full earnings of each employee of said departments. (Ord. No. 1998-22, § IV, 6-21-98) Chapter 1 – Administration Section 9.05 Prior Service Credit Each employee who qualifies for such credit shall be allowed "prior service credit" (as defined in Section 8534.101 of the TMRS Act) at the rate of one hundred percent (100%) of the "base credit" of such member, calculated in the manner prescribed in Section 853.105 of said act. (Ord. No. 1998-22, § V, 6-21-98) Chapter 1 – Administration Section 9.06 Town Contributions to Current Service Annuity Reserve For each month of current service rendered to this Town by each of its employees who are members of the Texas Municipal Retirement System, the Town will contribute to the current service annuity reserve of each such member at the time of his or her retirement, a sum that is 150% (100, 150, 200) of such member's accumulated deposits for such month of employment, and said sum shall be contributed from the Town's account in the municipality accumulation fund. (Ord. No. 1998-22, § VI, 6-21-98) Chapter 1 – Administration Section 9.07 Town Secretary Directed to Remit Town Contributions to TMRS Board of Trustees The Town Secretary is hereby directed to remit to the Board of Trustees the Texas Municipal Retirement System, at its office in Austin, Texas, the Town contributions to the System and the amounts which shall be deducted from the compensation or payroll of employees, all as required by said Board under provisions of the TMRS Act, and the said official is hereby authorized and directed to ascertain and certify officially on behalf of this Town the prior service rendered to the said municipality by each of the employees of the participating departments, and the average prior service compensation received by each of the employees of the participating departments which may be required of the Town under the provisions of the TMRS Act, or in compliance with the rules and regulations of the Board of Trustees of the Texas Municipal Retirement System. (Ord. No. 1998-22, § VII, 6-21-98) Chapter 1 – Administration Section 9.08 Supplemental Death Benefits Fund That the Town hereby elects to participate in the Supplemental Death Benefits Fund of the Texas Municipal Retirement System for the purpose of providing in-service death benefits for each of the Town's employees who are members of said System, and for the purpose of providing post-retirement death benefits for annuitants whose last covered employment was as an employee of the Town, in the amounts on the terms provided for in Sections 852.004, 854.601 through 854.605, 855.313, 855.408 and 855.502 of Title 8 Subtitle G, of the Texas Government Code, as amended. (Ord. No. 1998-22, § VIII, 6-21-98) Chapter 1 – Administration Section 9.09 Notification of Fund Participation The Town is hereby authorized and directed to notify the Director of the System of adoption of this Article, and of the participation of the Town in said Fund. (Ord. No. 1998-22, § IX, 6-21-98) Chapter 1 – Administration Article X Updated Service Credits Section 10.01 Authorization of Update Service Credits A. On the terms and conditions set out in Sections 853.401 through 853.404 of Subtitle G of Title 8 Government Code, as amended (hereinafter referred to as the “TMRS ACT”), each member of the Texas Municipal Retirement System (the “System”) who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the Town, and on such date had at least 36 months of credited service with the System, shall be and is hereby allowed “Updated Service Credit” (as that term is defined in subsection (d) of Section 853.402 of the TMRS Act). B. On the terms and conditions set out in Section 853.601 of the TMRS Act, any member of the System who is eligible for Updated Service Credits on the basis of service with this Town, who has unforfeited credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contributing member on the 1st day of January of the calendar year preceding such allowance, shall be credited with Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in Section 853.601, both as to the initial grant hereunder and all future grants under this Article. C. The Updated Service Credit hereby allowed and provided for shall be 100% of the “base Updated Service Credit” of the member (calculated as provided in subsection (c) of Section 853.402 of the TMRS Act). D. Each Updated Service Credit allowed hereunder shall replace any Updated Service Credit, prior service credit, special service credit, or antecedent service credit previously authorized for part of the same service. E. In accordance with the provisions of subsection (d) of Section 853.401 of the TMRS Act, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the effective date of this Article on the full amount of such person’s compensation as an employee of the Town. (Ord. No. 2000-26, § I, 12-5-00) Chapter 1 – Administration Section 10.02 Increase In Retirement Annuities A. On terms and conditions set out in Section 854.203 of the TMRS Act, the Town hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the Town under current service annuities and prior service annuities arising from service by such employees to the Town. An annuity increased under this section replaces any annuity or increased annuity previously granted to the same person. B. The amount of the annuity increase under this section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by seventy percent (70%) of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person’s retirement to the December that is thirteen (13) months before the effective date of this section. C. An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. D. If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereunder. D. The amount by which an increase under this section exceeds all previously granted increases to an annuitant is an obligation of the Town and of its account in the municipality accumulation fund of the System. (Ord. No. 2000-26, § II, 12-5-00) Chapter 1 – Administration Section 10.03 Dates of Allowances and Increases The initial allowance of Updated Service Credit and increase in retirement annuities hereunder shall be effective on January 1, 2001, subject to approval by the Board of Trustees of the System. An allowance of Updated Service Credits and an increase in retirement annuities shall be made hereunder on January 1 of each subsequent year until this Article ceases to be in effect, under subsection (e) of Section 853.404 of the TMRS Act, provided that, as to such subsequent year, the actuary for the System has made the determination set forth in subsection (d) of Section 853.404 of the TMRS Act. (Ord. No. 2000-26, § III, 12-5-00) Chapter 1 – Administration Section 10.04 Increased Municipal Contributions That effective January 1, 2001, for each month of current service thereafter rendered by each of its employees who are members of the Texas Municipal Retirement System, the TOWN will contribute to the current service annuity reserve of each such member at the time of his or her retirement, a sum that is 200% of such member’s accumulated deposits for such month of employment; and said sum shall be contributed from the Town’s account in the municipality accumulation fund. (Ord. No. 2000-26, § IV, 12-5-00) Chapter 1 – Administration Section 10.05 Increased Employee Deposit Rate That all employees of the Town, who are members of the Texas Municipal Retirement System, shall make deposits to the System at the rate of seven percent (7%) of their individual earnings. (Ord. No. 2000-26, § V, 12-5-00) Chapter 1 – Administration Article XI Restricted Prior Service Credit Section 11.01 Authorization A. On the terms and conditions set out in Section 853.305 of Subtitle G of Title 8, Texas Government Code, as amended (hereinafter referred to as the “TMRS Act”), each eligible member of the Texas Municipal Retirement System (hereinafter referred to as the “System”) who is now or who hereafter becomes an employee of this Town shall receive restricted prior service credit for service previously performed as a full-time paid employee of any of the entities described in Section 853.305 provided that (1) the person does not otherwise have credited service in the System for that service as provided by Section 853.305 as amended, and (2) the service meets the requirements of Section 853.305, as amended, and all other applicable requirements. B. The restricted prior service credit hereby granted may be used only to satisfy length-of-service requirements for retirement eligibility, has no monetary value in computing the annuity payments allowable to the member, and may not be used in other computations, including computation of Updated Service Credits. C. A member seeking to establish restricted prior service credit under this Article must take the action required under Section 853.305, as amended, while still an eligible employee of this Town. D. In this Article “full-time paid employee” has the meaning assigned to the term “employee” by Texas Government Code Section 851.001, except that the services do not have to be performed for a municipality. (Ord. No. 2001-03, § I, 2-19-01) Chapter 1 – Administration Article XII Retirement Service Benefits Section 12.01 Authorization Pursuant to the provisions of Section 854.202(g) of Subtitle G of Title 8,Texas Government Code, as amended, which Subtitle shall herein be referred to as the “TMRS Act,” the Town of Trophy Club, Texas, adopts the following provisions affecting participation of its eligible employees in the Texas Municipal Retirement System (hereinafter referred to as the “System”): A. Any employee of the Town who is a member of the System is eligible to retire and receive a service retirement annuity if the member has at least twenty (20) years of credited service in the System performed for one (1) or more municipalities that have adopted a like provision under Section 854.202(g) of the TMRS Act. B. Prior to adopting this Article, the Town Council has: (1) prepared an actuarial analysis of member retirement annuities at twenty (20) years of service; and (2) held a public hearing pursuant to the notice provisions of the Texas Open Meetings Act, Chapter 551, Texas Government Code. C. The rights hereinabove authorized shall be in addition to the plan provisions heretofore adopted and in force at the effective date of this Article pursuant to the TMRS Act. (Ord. No. 2001-01, § I, 5-21-01) Chapter 1 – Administration Article XIII Open Records Section 13.01 Authorization The Town of Trophy Club will not provide information requested pursuant to the Texas Open Records Act by use of facsimile machines. (Ord. No. 1999-30, § I, 12-7-99) Chapter 2 – Animal Control Chapter 2 – Animals Article I Animals Section 1.01 Definitions Abandon: Shall mean to leave unattended for more than seventy-two (72) hours. Animal: Shall mean any living creature, including but not limited to: dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowl, and livestock, but specifically excluding human beings. Animal Control Officer: Shall mean any individual employed, contracted with, or appointed by the Town for the purpose of aiding in the enforcement of this act or any other law or Code relating to the licensure of animals, control of animals, or seizure and impoundment of animals and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal. Animal Shelter: Shall mean a facility operated by the Town or with which the Town has contracted for the purpose of impounding or caring for animals held under the authority of this Article or state law. At large: Shall mean when an animal is not confined to the premises of its Owner by fence of sufficient strength and/or height to prevent the animal from escaping therefrom, inside the house or other enclosure, or secured on such premises by a leash of sufficient strength to prevent the animal from escaping from the premises, and so arranged that the animal will remain upon such premises when the leash is stretched to full length in any direction. An animal shall not be considered “at large” when held and controlled by a person of adequate strength by means of a leash, cord, chain, or rope of proper strength and length to control the action of the animal, or while confined within a vehicle. An “invisible fence” will suffice as sufficient restraint so long as the animal is not found outside the premises of the Owner and the invisible fence is registered with the animal control department. Bite: Shall mean any abrasion, scratch, puncture, tear or piercing of skin caused by an animal. Cat: Shall mean all domestic species or varieties of felis catus, male or female, alive or dead. Dangerous Dog: Shall mean any dog that, according to the records of the appropriate authority; 1. Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property; 2. Has more than once severely injured or killed a domestic animal while off the Owner’s property; 3. Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or 4. Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority. Dangerous Wild Animal: Shall mean: Chapter 2 – Animals 1. A lion; 2. A tiger; 3. An ocelot; 4. A cougar; 5. A leopard; 6. A cheetah; 7. A jaguar; 8. A bobcat; 9. A lynx; 10. A serval; 11. A caracal; 12. A hyena; 13. A bear; 14. A coyote; 15. A jackal; 16. A baboon; 17. A chimpanzee; 18. An orangutan; 19. A gorilla; or 20. Any hybrid of an animal listed in this section. Dog: Shall mean all domesticated members of the canis familaris, male and female, alive or dead. Enforcement Officers: Shall mean those authorized to enforce the provisions of this Article, including but not limited to, the local health authority representative, any animal control officer, or any police officer. Chapter 2 – Animals Harboring of Animals: Shall mean the keeping and caring, including but not limited to feeding and providing water, for an animal for seventy-two (72) hours or longer. Humanely Euthanize: Means to cause the death of an animal by a method which: 1. Rapidly produces unconsciousness and death without visible evidence of pain or distress; or 2. Utilize anesthesia produced by an agent which causes painless loss of consciousness with death following such loss of consciousness. Impound: Shall mean to seize and hold in the custody of the local health authority or other authority such as a veterinarian. Invisible Fence: Shall mean any fence which cannot be seen with the human eye but that is designed to keep an animal enclosed in a space by means of laser technology or sound technology. Such invisible fence must not be capable of causing pain or discomfort to any human being that crosses its path. Law Enforcement Officer: Shall mean those authorized to enforce the provisions of this Article, namely, the local health authority, the local health authority representative, any animal control officer, or any peace officer. Livestock: Shall mean horses, mules, cows, hogs, goats and sheep of any and all kinds and shall include both the male and female species of such animals. Local Health Authority: The animal control officer is designated as the local health authority and has authority to appoint representatives to enforce the provisions of this Article, to receive reports of animal bites, investigate animal bites, insure quarantine of possibly rabid animals and otherwise carry out provisions of the Texas law pertaining to control and eradication of rabies. This term includes animal control officers, law enforcement officers and enforcement officers as defined herein, including their respective designees. Observation Period: Shall mean the ten (10) days following a biting incident during which an animal’s health status must be monitored. Owner: Shall mean a person who harbors, keeps, possesses, or permits to be harbored, kept, or possessed, an animal in his care, on or about his premises, without regard to title, purchase, or acceptance of animal as a gift. Person: Shall mean any individual, firm, association, partnership, or corporation or any other legal entity. Police Dog: Shall mean any dog used by a law enforcement agency or its officers in the administration of official duties. Pot-Bellied Pig: The term “pot-bellied pig” shall refer to a variety of swine that is no more than eighteen inches (18”) in height at shoulder level when full grown, has short erect ears, and a straight tail. Swine shall not be considered a pot-bellied pig if its weight exceeds sixty (60) pounds, or unless registered with a licensed breeder. Chapter 2 – Animals Prohibited Animals: Shall mean an animal not normally considered domesticated including, but not limited to, venomous lizard, poisonous snake, boa, python, raccoon, skunk, fox, bear, elephant, kangaroo, monkey, chimpanzee, antelope, deer, any protected, threatened, or endangered species as defined by the Texas Wildlife Commission and the U.S. Fish and Wildlife Service, or any other wild animal capable of, or inflicted to do, serious bodily harm to humans or other animals or fowl. Proper Enclosure of a Dangerous Dog: Shall mean, while on the Owner’s property, a dangerous dog is securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children (nine (9) years of age or younger) and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and, where appropriate, a secure top to prevent the dog from escaping over, under, or through the structure and shall also provide protection from the elements. Public Nuisance Animal: Shall mean any animal or animals that unreasonably annoy(s) humans, endanger(s) the life or health of other animals or humans, or substantially interfere(s) with the rights of citizens, other than their owners, to the enjoyment of life or property. The term “public nuisance animal” shall mean and include, but is not limited to, any animal that: 1. Is repeatedly found at large; 2. Damages the property of anyone other than its owner; 3. Chases vehicles; 4. Excessively makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; 5. Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; 6. Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored; or 7. Attacks other domestic animals. Quarantine: Shall mean strict confinement under restraint by closed cage or padlock or in any other manner approved in this chapter or state law on the private premises of the owner or at a facility approved by the State Board of Health or its designee, or the city animal shelter Severe Injury: Shall mean any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery. Stray Animal: Shall mean any animal for which there is no identifiable owner or harborer. Unprovoked: Shall mean an action by an animal that is not in response to being tormented, abused, teased or assaulted by any person; in response to pain or injury; or in protection for itself or its food, kennel, immediate territory, or nursing offspring. Chapter 2 – Animals Vaccinated: Shall mean properly injected with a rabies vaccine licensed for use in that species by the United States Department of Agriculture and administered by a veterinarian licensed to practice in the State of Texas in an amount sufficient to provide an immunity. Vaccinated and Current: Shall mean vaccinated and satisfying the following criteria: 1. The animal must have been at least three (3) months of age at the time of vaccination; 2. At least thirty (30) days have elapsed since the initial vaccination; and 3. Not more than twelve (12) months have elapsed since the most recent vaccination. Veterinarian: Shall mean a veterinarian licensed to practice veterinary medicine. Vicious Animal: Shall mean any individual animal that has on two previous occasions, without provocation, attacked or bitten any person or other animal, or any individual animal which the local health authority or his representative has reason to believe has a dangerous disposition likely to be harmful to humans or other animals. Wild Animals: Shall include all species of animals that commonly exist in a natural unconfined state and are usually not domesticated. This shall apply regardless of state or duration of captivity. The term shall include but is not limited to: foxes, panthers, wolves, alligators, crocodiles, apes, elephants, rhinoceroses, and all forms of poisonous or constricting reptiles, and other like animals. Ord. No. 1999-32, § 1, 12-21-99 Repealed by Ord. No. 2002-18, § 2, 5-6-02 Chapter 2 – Animals Section 1.02 Enforcement A. Enforcement of this Article shall be the responsibility of the local health authority. B. The local health authority shall have the authority to issue citations for any violation of this Article. C. If person cited is not present, the local health authority may send the citation to the alleged offender by registered or certified mail. D. It shall be unlawful for any person to interfere with the local health authority in the performance of his duties. E. The local health authority shall have the authority to humanely euthanize and/or destroy any animal in accordance with the provisions of this Article. F. The local health authority shall have the authority to use a tranquilizer gun in the lawful discharge of his/her duties. G. Police dogs are exempt from the provisions of this Article. (Ord. No. 1999-32, § 2, 12-21-99 Repealed by Ord. No. 2002-18, § 3, 5-6-02) Chapter 2 – Animals Section 1.03 Animals At Large A. It shall be unlawful for any owner to allow a dog or any other animal possessed, kept or harbored by him, other than a cat, to be at large, as defined in Section 1.01 of this Article. B. Upon the complaint to a local health authority that a cat has caused a nuisance or hazard to the health or welfare of human or animal population, a law enforcement officer may determine such cat to be at large as defined in subsection (A) of this section. C. The local health authority is authorized to impound such animals at large. (Ord. No. 1999-32, § 3, 12-21-99 Repealed by Ord. No. 2002-18, § 4, 5-6-02) Chapter 2 – Animals Section 1.04 Impounding of Animals A. The local health authority shall take into custody any animal found at large in the Town and shall impound the animal into the custody of the police department, the police department’s designated place of animal detention, or the animal shelter as defined by Section 1.01 of this Article. B. Such impounded animal shall be held for a period of not more than three (3) days or as defined by a written agreement between the Town and the animal shelter. C. At the end of the such period, if the animal has not been claimed and the fees associated with the impoundment have not been paid to the Town and/or the animal shelter, the animal shall be delivered to the appropriate humane society as determined by the animal shelter for adoption or disposal. The Owner of the animal shall pay all costs associated with the adoption or disposal of the animal. D. Prior to the delivery of an animal for whom the Owner has been identified to the humane society, the animal control officer or other local health authority shall give notice to the Owner of an impounded animal by leaving written notice that the animal will be delivered to the humane society on the door of the Owner’s residence followed by sending a certified letter. That the Owner does not receive or does not claim the written notice or certified letter will not subject the Town to any liability in association with delivery of the animal to the animal shelter and/or euthanasia of the animal. (Ord. No. 1999-32, § 4, 12-21-99 Repealed by Ord. No. 2002-18, § 5, 5-6-02) Cross Reference: Schedule of Fees Ord. No. 2004-12, § Exhibit “A”, 3-15-04 Repealed by Ord. No. 2005- 10, § Exhibit “A”, 5-2-05 Chapter 2 – Animals Section 1.05 Authority to Impound, Destroy, Kill or Muzzle Certain Animals A. The local health authority shall have the authority to impound an animal which is diseased and could endanger the health and welfare of another animal or person. B. Any law enforcement officer shall have the authority to kill an animal which, in the sole opinion of the police officer, poses an imminent danger to a person or property and a real or apparent necessity exists for the destruction of the animal. C. The local health authority shall have the authority to muzzle, or order the Owner, handler, or controller of an animal to muzzle an animal, which, in the sole opinion of the local health authority, poses a threat to the safety or welfare of any person. (Ord. No. 1999-32, § 5, 12-21-99 Repealed by Ord. No. 2002-18, § 6, 5-6-02) Chapter 2 – Animals Section 1.06 Dangerous Dogs The provisions of Subchapter D, Chapter 822 of the Texas Health and Safety Code, as amended, are adopted by and incorporated into this Article. A. Declaration of Dangerous Dog 1. If the local health authority has cause to believe that a dog is a dangerous dog as defined by this Article, he may find and declare such dog a dangerous dog. 2. Within three (3) days of declaring a dog dangerous, the local health authority will notify the person owning the dog of its designation as a dangerous dog and provide him a copy of this Article. The notification to the Owner will be provided in person or through certified mail. The local health authority shall also notify the Town Manager, fire department, and police department of the designation of any dog as a dangerous dog. The notification will describe the dog and specify any particular requirements or conditions placed upon the person owning the dog. 3. The notice shall inform the Owner of the dog that he may request, in writing, an appeal of the dangerous dog determination within ten (10) days from the receipt of the certified mail or date of the personal notification of the dangerous dog declaration to contest the finding and designation. B. Requirements for Owner of Dangerous Dog If the Owner of a dog that has been determined dangerous by the Local Health Authority elects not to appeal that decision pursuant to Section 1.06(C) of this Article, then within thirty (30) days of the expiration of the ten (10) day time period for appeal, the Owner shall comply with the requirements listed in this section. If the Owner of a dog that has been determined dangerous appeals that decision to the Municipal Court, then such Owner shall comply with the requirements of this section within thirty (30) days after such determination by the Municipal Court. The requirements of this section that must be met are as follows: 1. Register the dangerous dog with the Local Health Authority for the area in which the dog is kept; and 2. Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; and 3. Obtain liability insurance coverage or show financial responsibility in the amount specified by state law to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person. 4. For purposes of this section, a person learns that the person is the Owner of a dangerous dog when: a. The Owner knows of an attack described in the definitions section of this Article under Section 1.01 of this Article; and b. The Owner is informed by the animal control officer that the dog is a dangerous dog; or c. A determination is made by the Municipal Court that the animal is a dangerous dog. Chapter 2 – Animals C. Appeal from Dangerous Dog Determination 1. Appeals from the local health authority’s determination that a dog is dangerous will be heard by the Municipal Court. Upon notice of appeal as prescribed in this section, the Municipal Court will hear the case at the next trial setting after the request for appeal. 2. The appeal is a civil proceeding for the purpose of affirming or reversing the animal control officer’s determination of dangerousness. If the dog has been impounded, the municipal court judge may waive any and all fees associated with the impoundment and release the dog to its Owner upon reversal of the local health authority’s determination. (Ord. No. 1999-32, § 6, 12-21-99 Repealed by Ord. No. 2002-18, § 7, 5-6-02) Chapter 2 – Animals Section 1.07 Fees All fees for licensing, daily handling, impoundment, disposal, quarantine, lost or destroyed tags, and/or transfer to the animal shelter are stated on the “Schedule of Fees,” to be revised from time-to-time by the local health authority and approved by the Town Council. The Schedule of Fees is located in Chapter 1, Article 8 of the Town’s Code of Ordinances. (Ord. No. 1999-32, § 7, 12-21-99 Repealed by Ord. No. 2002-18, § 8, 5-6-02) Cross Reference: Schedule of Fees Ord. No. 2004-12, § Exhibit “A”, 3-15-04 Repealed by Ord. No. 2005- 10, § Exhibit “A”, 5-2-05 Chapter 2 – Animals Section 1.08 Release of Unvaccinated Animals Before releasing to an Owner any animal that has not been vaccinated for rabies within the last year, the Owner shall sign a promise in writing that the animal will be vaccinated for rabies immediately upon release of the animal from impoundment. The animal control department shall keep such written statement on file, and upon receiving proof of vaccination within five (5) days from the date of release, shall refund the additional impoundment fee collected for unvaccinated animals. All fees associated with the impoundment of the animal must be paid by the Owner at the time of release of the animal. It is an offense under this section for the Owner of the animal to fail to provide the proof of vaccination to animal control within five (5) days from the date of release. If, 1. An Owner promises in writing that an animal will be vaccinated, 2. The animal is thereafter impounded a subsequent time, and 3. It is determined that the animal was not vaccinated in accordance with the written promise, then any fees associated with the impoundment shall be doubled. (Ord. No. 1999-32, § 8, 12-21-99 Repealed by Ord. No. 2002-18, § 9, 5-6-02) Chapter 2 – Animals Section 1.09 Adoption A. A person who desires to adopt an animal from the Town shall: 1. Register and license the animal with the Town without charge; 2. Have the animal vaccinated for rabies within five (5) days after adoption; and 3. Have the animal spayed or neutered within fourteen (14) days after adoption, provided the animal is of proper age for such procedure; provided however, that if the animal is not of proper age for the procedure, then the animal must be vaccinated within fourteen (14) days of reaching the proper age. 4. Sign a promise in writing that the animal will be vaccinated and spayed/neutered within the time limits prescribed in (2) and (3) of this subsection. The animal control department shall keep such written promise on file. It is an offense under this section for the Owner of the animal to fail to provide proof of vaccination to animal control within five (5) days from the date of adoption. It is a separate offense under this section for the Owner of the animal to fail to provide proof of spaying/neutering to animal control within fourteen (14) days from the date of adoption or the date when the animal reaches the proper age. If, 1. An Owner makes a promise to vaccinate or spay/neuter in writing, 2. The animal is thereafter impounded a second time, and 3. It is determined that the animal was not vaccinated and/or spayed/neutered in accordance with the written promise, then the impoundment fee shall be doubled as required in the Schedule of Fees adopted by the Town. . For any subsequent impoundment of such animal that remains unvaccinated and/or unspayed/unneutered at the time of impoundment, an additional impoundment fee as set forth in the Town’s Schedule of Fees shall be assessed. B. The animal control officer shall make the final determination as to whether an animal is healthy enough for adoption. Provided, however, that such a decision by the animal control officer shall not constitute a warranty, either express or implied, of the health or age of the animal. (Ord. No. 1999-32, § 9, 12-21-99 Repealed by Ord. No. 2002-18, § 10, 5-6-02) Code of Ordinances Cross Reference: (Animal Registration, Impoundment Fee), Chapter 1, § 8.06; Chapter 2 – Animals Section 1.10 Wild Animals A. It shall be unlawful to keep or harbor any wild animal within the Town, except at commercial establishments dealing in the sale or handling of such animals, having proper zoning for such commercial enterprises and having proper facilities for the care and restraint of such animals. B. The local health authority may establish conditions under which it would be permissible to keep or harbor wild animals in the Town on a temporary basis. (Ord. No. 1999-32, § 11, 12-21-99 Repealed by Ord. No. 2002-18, § 11, 5-6-02) Chapter 2 – Animals Section 1.11 Confinement Required of Animal Allegedly Involved in Attack When an animal has bitten, scratched, or otherwise attacked a person or animal, anyone having knowledge of such incident shall immediately notify the animal control officer. Such animal shall then be confined in a veterinary hospital or approved animal shelter designated by the local health authority for a period of ten (10) days. The cost of such confinement shall be paid by the Owner of the animal. Such animal shall, during such period of confinement, be subject to inspection by the local health authority, other Town personnel or a licensed veterinarian. If after the ten (10) day period, the Owner fails to pick up the animal, the animal control officer may follow the procedure for adoption or disposal of an impounded animal. (Ord. No. 1999-32, § 10, 12-21-99 Repealed by Ord. No. 2002-18, § 12, 5-6-02) Chapter 2 – Animals Section 1.12 Vicious Animals A vicious animal, as defined in Section 1.01 of this Article, shall not be allowed in the Town limits. Any vicious animal found in the Town shall be removed immediately by order of the local health authority. If the Owner of the vicious animal fails to remove such animal, the local health authority may have such animal impounded and/or destroyed. (Ord. No. 1999-32, § 12, 12-21-99 Repealed by Ord. No. 2002-18, § 13, 5-6-02) Chapter 2 – Animals Section 1.13 Vaccination It shall be the duty of the Owner or keeper of each dog and cat owned, kept possessed, harbored or allowed upon the premises of any such person and under such person’s control in the Town to have such dog or cat vaccinated (as defined herein) against rabies by a legally licensed veterinarian at least once each year. The most recent tag for the animal must be worn by the animal at all times. Such vaccination must be with a protective inoculation with antirabic vaccine recognized and approved by the U.S. Department of Agriculture given in an amount sufficient to provide an immunity. It shall be unlawful for an Owner or keeper of a dog or cat to fail to have all such animal vaccinated for rabies. (Ord. No. 1999-32, § 13, 12-21-99 Repealed by Ord. No. 2002-18, § 14, 5-6-02) Chapter 2 – Animals Section 1.14 Licenses and Tags A. License Required The Owner or harborer of each animal more than three (3) months old in the Town shall register the animal with the Town Manager or the Town Manager’s duly authorized representative and obtain an annual license for such animal from the animal control department. At the time of application for such license, the Owner shall present the certificate of vaccination for the said animal and pay a licensing fee for each animal the amount of which is to be designated on the Schedule of Fees of the Town. B. Possession of Unlicensed Dog or Cat Prohibited A person commits an offense if he possess within the Town an animal which has not been licensed according to Section 1.14(A), above. The Owner of an animal shall, upon request, show to the law enforcement officer enforcing this Article the receipt for the animal’s Town registration. The failure or refusal of an Owner to produce to the law enforcement officer the receipt for the animal’s Town registration or a current license tag shall constitute prima facie proof that such animal has not been licensed according to the requirement contained in Section 1.14(A), above. C. Issuance of Tags Upon presentation of the vaccination certificate and payment of the licensing fee, the Town Manager or the Manager’s duly authorized representative shall issue to the Owner a license tag. The license tag and vaccination tag shall be affixed to a collar which shall be attached to the animal’s neck and worn by such animal at all times. D. Lost of Destroyed Tags In the event a license tag is lost or destroyed, a new tag shall be issued by the Town Manager or the Manager’s duly authorized representative upon presentation of a receipt showing the payment of the license fee and upon the payment of a replacement fee the amount of which is to be designated on the Schedule of Fees. The new license tag shall be valid only for the period of time that remains on the original license receipt. E. Failure to Obtain Licensing Tag A person commits an offense, without regard to his mental state, if he owns an animal without a current licensing tag for the animal. F. Defenses It is a defense to prosecution that: 1. The animal was younger than three months of age; or 2. The Owner of the animal has resided in the Town less than thirty (30) days. G. Transferability of Registration or Licensing Chapter 2 – Animals Town registration or licensing of an animal is not transferable to another animal. (Ord. No. 1999-32, § 14, 12-21-99 Repealed by Ord. No. 2002-18, § 15, 5-6-02) Code of Ordinances Cross Reference: (Animal Registration), Chapter 1, § 8.06; Chapter 2 – Animals Section 1.15 Special Requirements For Keeping Miniature Pigs and Pherrets A. Pot-Bellied or Miniature Pigs 1. It shall be unlawful for any person to keep, harbor or raise more than two (2) adult pot-bellied pigs in any one (1) residence within the Town. 2. It shall be unlawful for any person to keep a pot-bellied pig outdoors other than those times necessary for the elimination of waste or for exercise. Pot-bellied pigs are subject to all applicable sections of this Article, including the prohibitions against animals at large. 3. It shall be unlawful for any person to keep, harbor, or raise a pot-bellied pig which has not received annual vaccination for erysipelas, parvo virus, and leptospirosis (the first of which such vaccinations shall be obtained before the animal reaches the age of four (4) months). 4. It shall be unlawful for any person to keep, harbor, or raise a pot-bellied pig which has not been altered (spayed or neutered), and its tusks removed from its body. 5. It shall be unlawful for any person to keep a pot-bellied pig at any location within the Town unless such person has first filed with the animal control officer a registration application to keep such an animal and such application has been approved. The information required in the application shall be determined by the animal control department. The application shall be accompanied by the necessary veterinary documents and licensing fee as required on the Schedule of Fees for pot-bellied pigs. B. Ferrets 1. It shall be unlawful for any person to keep, harbor, or raise more than four (4) adult ferrets in any one (1) residence within the Town. 2. It shall be unlawful for any person to keep, harbor, or raise a ferret which has not received annual ferret rabies and distemper vaccinations and that is not spayed or neutered. 3. Cages used for keeping of ferrets shall be made to prevent the animal from escaping and being large enough to ensure compliance with this Article. 4. It shall be unlawful for any person to keep, harbor, or raise any ferret which is not registered and licensed with the animal control department. The licensing fee for ferrets is set out in the Schedule of Fees. (Ord. No. 1999-32, § 15, 12-21-99 Repealed by Ord. No. 2002-18, § 16, 5-6-02) Chapter 2 – Animals Section 1.16 Defecation of Animals on Public and Private Property A. It shall be unlawful and an offense for any person to fail to promptly remove and dispose of, in a sanitary manner, feces left by a dog, cat, or other animal being owned, handled, or controlled by that person: 1. Upon a public area including but not limited to: walks, parks, recreation areas, sidewalks, parkways, public streets, alleys, school grounds, any common areas of an apartment house, or any common area of an office building; or 2. Upon private property other than the premises of the Owner, handler or controller of such animal. (Ord. No. 1999-32, § 16, 12-21-99 Repealed by Ord. No. 2002-18, § 17, 5-6-02) Chapter 2 – Animals Section 1.17 Sanitary Conditions All persons keeping animals within the Town shall keep the premises upon which such animal is kept clean and free from noxious and unpleasant odors and shall use some standard spray at reasonable intervals so as to keep such premises free from flies, mosquitoes, fleas and other insects. (Ord. No. 1999-32, § 17, 12-21-99 Repealed by Ord. No. 2002-18, § 18, 5-6-02) Chapter 2 – Animals Section 1.18 Animal Noise A. No person shall knowingly keep or harbor any animal that causes loud and unusual or frequent barking, howling, or other noise that disturbs the peace and quiet of any person of ordinary sensibilities. B. It shall serve as prima facie evidence of a violation of Section 1.18(A) if an Owner allows an unprovoked animal to cause noise described in Section 1.18(A) in excess of fifteen (15) minutes. (Ord. No. 1999-32, § 18, 12-21-99 Repealed by Ord. No. 2002-18, § 19, 5-6-02) Chapter 2 – Animals Section 1.19 Exceptions A. The provisions of Section 1.03 of this Article (relating to animals at large) shall not apply to cats or to dogs under the age of three (3) months. B. With the exception of sanitation requirements, noise prohibition and prohibition on keeping vicious animals, the provisions of this Article shall not apply to dogs or cats of non-residents of the Town who are temporarily visiting in the Town, which dogs or cats, while out of doors are kept securely under control by a leash, rope or trap, or confined in a vehicle. (Ord. No. 1999-32, § 19, 12-21-99 Repealed by Ord. No. 2002-18, § 20, 5-6-02) Chapter 2 – Animals Section 1.20 Dangerous Wild Animals Prohibited; Excepting Commercial Establishments It shall be unlawful to keep, own, harbor, have custody or control of a dangerous wild animal within the corporate limits of the Town of Trophy Club, Texas, except at commercial establishments dealing in the sale or handling of such animals, having proper zoning for such commercial enterprises, having proper facilities for the care and restraint of such animals, and meeting the requirements of this Article. (Ord. No. 2002-18, § 21, 5-6-02) Chapter 2 – Animals Section 1.21 Certificate of Registration For Dangerous Wild Animals A. A person may not own, harbor, or have custody or control of a dangerous wild animal for any purpose unless the person holds a certificate of registration for that animal issued by the local health authority. B. An Owner of a commercial establishment dealing in the sale or handling of dangerous wild animals may not own, harbor, or have custody or control of a dangerous wild animal within the corporate limits of the Town for any purpose unless the person holds a certificate of registration for that animal issued by the Town Animal Control Department. C. A certificate of registration issued under this Article is not transferrable and is valid for one year after its date of issuance or renewal unless revoked. D. The fee charged to an applicant shall be in accordance with the Town’s currently adopted fee schedule; provided however, that the fee may not exceed fifty dollars ($50) for each animal registered and may not exceed five-hundred dollars ($500) for each person registering such animals, regardless of the number of animals owned by the person. The fees collected shall be used only to administer and enforce this Article. (Ord. No. 2002-18, § 22, 5-6-02) Code of Ordinances Cross Reference: (Registration), Chapter 1, § 1.06 Chapter 2 – Animals Section 1.22 Certificate of Registration Application For Dangerous Wild Animals A. An applicant for an original or renewal certificate of registration for a dangerous wild animal shall file an application with the local health authority on a form provided by the local health authority. The application shall include: 1. The name, address, and telephone number of the applicant; 2. A complete identification of each animal, including species, sex, age, if known, and any distinguishing marks or coloration that would aid in the identification of the animal; 3. The exact location where each animal is to be kept; 4. A Sworn Statement That: a. All information in the application is complete and accurate; and b. The applicant has read this Article and Subchapter E of Chapter 822, Texas Health and Safety Code, and that all facilities used by the applicant to confine or enclose the animal comply with the requirements of that subchapter; and c. Any other information the Town in its capacity as the animal registration agency may require. B. An Applicant Shall Include With Each Application: 1. The nonrefundable fee; and 2. Proof, in a form acceptable to the Town, that the applicant has liability insurance as required by this Article; and 3. A color photograph of each animal being registered taken not earlier than the thirtieth (30th) day before the date the application is filed; and 4. A photograph and a statement of the dimensions of the primary enclosure in which each animal is to be kept and a scale diagram of the premises where each animal will be kept, including the location of any perimeter fencing and any residence on the premises; and 5. If an applicant holds a Class “A” or Class “B” dealer’s license or Class “C” exhibitor’s license issued by the Secretary of Agriculture of the United States under the Animal Welfare Act (U.S.C. Section 2131 et seq.) and its subsequent amendments, a clear and legible photocopy of the license. C. In addition to the items required under subsection (B) of this section, an application for renewal shall include a statement signed by a veterinarian licensed to practice in Texas stating that the veterinarian 1. Inspected each animal being registered not earlier than the thirtieth (30th) day before the date of the filing of the renewal application; and 2. Finds that the care and treatment of each animal by the Owner meets or exceeds the standards prescribed under this Article. Chapter 2 – Animals (Ord. No. 2002-18, § 23, 5-6-02) Chapter 2 – Animals Section 1.23 Denial or Revocation of Certificate of Registration For Dangerous Wild Animals; Appeal A. If the Town finds that an application for an original or renewal certificate of registration under this Article does not meet the requirements specified herein, or after inspection that an applicant has not complied with this Article or Chapter 822 of the Health and Safety Code, the Town shall deny the applicant a certificate of registration and give the applicant written notice of the denial and the reasons of the denial. B. If the local health authority finds, after inspection, that a registered Owner provided false information in or in connection with the application or has not complied with this chapter, the local health authority shall revoke the certificate of registration and give the Owner written notice of the revocation and the reasons for the revocation. C. A person may appeal the denial of an original or renewal certificate of registration or the revocation of a certificate of registration to the justice court for the precinct in which the animal is located or the municipal court in the Town in which the animal is located not later than the fifteenth (15th) day after the date the certificate of registration is denied or revoked. Either party may appeal the decision of the justice or municipal court to a county court or county court at law in the county in which the justice or municipal court is located. The decision of the county court or county court at law may not be appealed. D. Filing an appeal of the denial or revocation of a certificate of registration under subsection (B) of this section stays the denial or revocation until the court rules on the appeal. (Ord. No. 2002-18, § 24, 5-6-02) Chapter 2 – Animals Section 1.24 Display of Certificate of Registration A. A holder of a certificate of registration shall prominently display the certificate at the premises where each animal that is the subject of the certificate of registration is kept. B. Not later than the tenth (10th) day after the date a person receives a certificate of registration, the person shall file a clear and legible copy of the certificate of registration with the Texas Department of Health. (Ord. No. 2002-18, § 25, 5-6-02) Chapter 2 – Animals Section 1.25 Effective Date For Certificate of Registration For a Dangerous Wild Animal A person is not required to obtain a certificate of registration for a dangerous wild animal under this Chapter before June 1, 2002. (Ord. No. 2002-18, § 26, 5-6-02) Chapter 2 – Animals Section 1.26 Liability Insurance For Dangerous Wild Animals An Owner of a dangerous wild animal shall maintain liability insurance coverage in an amount of not less than one hundred thousand dollars ($100,000.00) for each occurrence for liability for damages for destruction of or damage to property and death or bodily injury to a person caused by the dangerous wild animal. (Ord. No. 2002-18, § 27, 5-6-02) Chapter 2 – Animals Section 1.27 Inspection Related to Dangerous Wild Animals An Owner of a dangerous wild animal, at all reasonable times, shall allow the local health authority or a licensed veterinarian designated by the local health authority to enter the premises where the animal is kept and to inspect the animal, the primary enclosure for the animal, and the Owner's records relating to the animal to ensure compliance with this Chapter. (Ord. No. 2002-18, § 28, 5-6-02) Chapter 2 – Animals Section 1.28 Relocation or Disposition of A Dangerous Wild Animal A. An Owner of a dangerous wild animal may not permanently relocate the animal unless the Owner first notifies the local health authority in writing of the exact location to which the animal will be relocated and provides the local health authority, with respect to the new location, the information required by Section 1.22 of this Article. B. Within ten (10) days after the death, sale, or other disposition of the animal, the Owner of the animal shall notify the local health authority in writing of the death, sale, or other disposition. (Ord. No. 2002-18, § 29, 5-6-02) Chapter 2 – Animals Section 1.29 Attack By A Dangerous Wild Animal; Escape of Dangerous Wild Animal; Liability For Dangerous Wild Animal A. An Owner of a dangerous wild animal shall notify the local health authority of any attack of a human by the animal within forty-eight (48) hours of the attack. B. An Owner of a dangerous wild animal shall immediately notify the local health department and Town Police Department of any escape of the animal. C. An Owner of a dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal. D. The local health authority is not liable to an Owner of a dangerous wild animal for damages arising in connection with the escape of a dangerous wild animal, including liability for damage, injury, or death caused by the animal during or after the animal's escape, or for injury to or death of the animal as a result of apprehension or confinement of the animal after escape. (Ord. No. 2002-18, § 30, 5-6-02) Chapter 2 – Animals Section 1.30 Care, Treatment And Transportation of Dangerous Wild Animals A. For each dangerous wild animal, the Owner shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments and the regulations adopted under that act relating to: 1. Facilities and operations; 2. Animal health and husbandry; and 3. Veterinary care. B. An Owner of a dangerous wild animal shall maintain a separate written log for each dangerous wild animal documenting the animal’s veterinary care and shall make the log available to the local health authority on request. C. The log must: 1. Identify the animal treated; 2. Provide the date of treatment; 3. Describe the type or nature of treatment; and 4. Provide the name of the attending veterinarian, if applicable. D. When transporting a dangerous wild animal, the Owner of the animal, or a designated carrier or intermediate handler of the animal, shall comply with all transportation standards that apply to that animal under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments and the regulations adopted under that act. E. A person is exempt from the requirements of this section if the person is caring for, treating, or transporting an animal for which the person holds a Class “A” or Class “B” Dealer’s license or a Class “C” Exhibitor’s license issued by the Secretary of Agriculture of the United States under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments. (Ord. No. 2002-18, § 31, 5-6-02) Chapter 2 – Animals Section 1.31 Transfer of Ownership Of A Dangerous Wild Animal A person commits an offense if the person knowingly sells or otherwise transfers ownership of a dangerous wild animal to a person who does not have a certificate of registration for that animal as required by this subsection. (Ord. No. 2002-18, § 32, 5-6-02) Chapter 2 – Animals Section 1.32 Offense And Penalty For Dangerous Wild Animals A. A person commits an offense if the person violates Section 1.23(A), Section 1.24, or Sections 1.29(A) or 1.29(B) of this Article. Each animal with respect to which there is a violation and each day that a violation occurs or continues is a separate offense. B. A person commits an offense if the person knowingly sells or otherwise transfers ownership of a dangerous wild animal to a person who does not have a Certificate of Registration for that animal as required by this Article. (Ord. No. 2002-18, § 33, 5-6-02) Chapter 2 – Animals Section 1.33 Civil Penalty And Costs Specific To Dangerous Animals A. A person who violates Section 1.22(A) is liable for a civil penalty of not less than two hundred dollars ($200) and not more than two thousand dollars ($2,000) for each animal with respect to which there is a violation and for each day the violation continues. B. The Town may sue to collect a civil penalty and retain the civil penalty collected. C. The Town may also recover the reasonable costs of investigation, reasonable attorney's fees, and reasonable expert witness fees incurred by the Town in the civil action. Costs or fees recovered under this subsection shall be credited to the operating account from which payment for the Town’s expenditures was made. (Ord. No. 2002-18, § 34, 5-6-02) Chapter 2 – Animals Section 1.34 Applicability The provisions of this Article relating to dangerous wild animals do not apply to: A. A county, municipality, or agency of the state or an agency of the United States or an agent or official of a county, municipality, or agency acting in an official capacity; B. A research facility, as that term is defined by Section 1.012 (e), Animal Welfare Act (7 U.S.C. Section 2132), and its subsequent amendments, that is licensed by the Secretary of Agriculture of the United States under that Act; C. An organization that is an accredited member of the American Zoo and Aquarium Association; D. An injured, infirm, orphaned, or abandoned dangerous wild animal while being transported for care or treatment; E. An injured, infirm, orphaned, or abandoned dangerous wild animal while being rehabilitated, treated, or cared for by a licensed veterinarian, an incorporated humane society or animal shelter, or a person who holds a rehabilitation permit issued under Sub-chapter C, Chapter 43, Parks and Wildlife Code; F. A dangerous wild animal owned by and in the custody and control of a transient circus company that is not based in the state of Texas if: 1. The animal is used as an integral part of the circus performances; and 2. The animal is kept within the state of Texas only during the time the circus is performing in Texas or for a period not to exceed 30 days while the circus is performing outside the United States; G A dangerous wild animal while in the temporary custody or control of a television or motion picture production company during the filming of a television or motion picture production; H. A dangerous wild animal owned by and in the possession, custody, or control of a college or university solely as a mascot for the college or university; I. A dangerous wild animal while being transported in interstate commerce through the state in compliance with the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments and the regulations adopted under that Act; J. A non-human primate owned by and in the control and custody of a person whose only business is supplying non-human primates directly and exclusively to biomedical research facilities and who holds a Class “A” or Class “B” dealer’s license issued by the Secretary of Agriculture of the United States under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments; and K. A Dangerous Wild Animal That Is: 1. Owned by or in the possession, control, or custody of a person who is a participant in the species survival plan of the American Zoo and Aquarium Association for that species; and 2. An integral part of that species survival plan. (Ord. No. 2002-18, § 35, 5-6-02) Chapter 2 – Animals Section 1.35 Penalty A. That except as specifically provided otherwise, any person violating any of the provisions of this Article shall be deemed guilty of a Class C misdemeanor upon conviction and shall be fined, except as otherwise provided herein, in a sum not to exceed two thousand dollars ($2,000.00) for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. B. That if the governing body of the Town of Trophy Club determines that a violation of this Article creates a threat to the public safety, the Town may bring suit in the district court of the county in which the person who committed the offense resides or has an office to enjoin the person, firm, partnership, corporation, or association from engaging in the prohibited activity. The Town of Trophy Club is not required to give bond as a condition to the issuance of injunctive relief. (Ord. No. 2002-18, § 36, 5-6-02) Chapter 2 – Animals Chapter 3 – Buildings and Construction Chapter 3 - Buildings and Construction Chapter 3 – Buildings and Construction Article I Building Official Section 1.01 Appointment That the Town Council may by motion appoint a person to be the Building Official and/or Code Enforcement Officer for the Town and appoint such other assistants to the Building Official and/or Code Enforcement Officer as the Town Council deems expedient or necessary. (Ord. No. 87-18, § II, 8-10-87) Chapter 3 – Buildings and Construction Section 1.02 Authority of Building Official That the Building Official and/or Code Enforcement Officer so appointed shall have the power and authority to enforce the Town Building, Electrical and Mechanical Codes, the Town Uniform Building Code Standards, the Town Uniform Code for the Abatement of Dangerous Structures, the Town Uniform Housing Code, and all other codes, ordinances and regulations of the Town which concern building, construction, housing or related activities. (Ord. No. 87-18, § II, 8-10-87) Chapter 3 – Buildings and Construction Article II Forms Surveys Section 2.01 Form Survey A. Following the issuance of any permit by the Town to construct, erect, place or install any building or structure or to otherwise improve any property, and prior to the inspection by the Town of such building, structure or property, the Owner of such building, structure or property, or the Owner’s duly designated representative, shall submit to the Town a Forms Survey. Such survey shall be prepared by a registered and licensed professional surveyor, and shall: 1. Locate all easements, including underground easements, roads, streets, alleys, and other right-of-ways or water courses, and building set-back lines and other matters located on or affecting the Property; 2. Show all proposed and existing improvements (such as buildings, power lines, fences, etc.), and 3. Show any portion of the Property within any flood plain, flood prone or flood hazardous area and any ponds, creeks, or other water courses. (Ord. No. 92-04A, § I, 8-17-93) Code of Ordinances Cross Reference: (Pool Form Survey), Chapter 3, § 15.04 Chapter 3 – Buildings and Construction Article III International Building Code Section 3.01 Applicability That certain documents, copies of which are on file in the office of the Building Inspections Department of the Town of Trophy Club, being marked and designated as International Building Code, 2003 Edition, including Appendix Chapters, as published by the International Code Council, Inc., are hereby adopted as if fully set out herein, along with the local amendments set out herein, as the Building Code of the Town of Trophy Club regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures except detached one-and two-family dwellings and multiple single family dwellings (townhouses) within the Town of Trophy Club. (Ord. No. 2004-22 § II, 9-4-04) Chapter 3 – Buildings and Construction Section 3.02 Adoption That the Town Council of the Town of Trophy Club, Texas, does hereby adopt the International Building Code, 2003 Edition, published by the International Code Council, including local amendments referenced herein, including Appendix Chapters A, C, F, G, H, I and J are hereby adopted as the Building Code for the Town of Trophy Club regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures except detached one-and two-family dwellings and multiple single family dwellings (townhouses) within the Town of Trophy Club (Ord. No. 2004-22, § III, 8-30-04) Chapter 3 – Buildings and Construction Section 3.03 Amendments to the 2003 International Building Code The following sections, paragraphs and sentences of the 2003 International Building Code are hereby amended as follows: Standards type is text from the IBC. Underlined type of text inserted. Lined through type is deleted text from the IBC. A. Section 101.1; insert Town name as follows: 101.1 Title. These regulations shall be known as the Building Code of The Town of Trophy Club, Texas, and shall be cited as such as will be referred to herein as “this code”. Section 101.2, exception No. 2; change to read as follows: 2. Existing buildings undergoing repair, alterations or additions, and change of occupancy shall be permitted to comply with the International Existing Building Code with prior approval of the Building Official. Otherwise see chapter 34. Section 101.4; change to read as follows: 101.4 Referenced Codes. The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code, when specifically adopted, shall be considered part of the requirements of this code to the prescribed extend of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. B. Section 109.3.5; delete C. Section 202; add a new definition to read as follows: High-Rise Building: A building having any floor used for human occupancy located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access. D. Section 302.1.1, change to read as follows: 302.1.1 Incidental Use Areas. Spaces which are incidental to the main occupancy shall be separated or protected, or both, in accordance with Table 302.1.1 or the building shall be classified as a mixed occupancy and comply with Section 302.3. Areas that are incidental to the main occupancy shall be classified in accordance with the main occupancy of the portion of the building in which the incidental use area is located. Exception: Incidental use areas within and serving a dwelling unit are not required to comply with this section. Section 302.2.1; change to read as follows: 302.2.1 Assembly Areas. Accessory assembly areas are not considered separate occupancies if the floor area is equal to or less than 750 square feet (69.7 m2). Assembly areas that are accessory to Group E occupancies are not considered separate occupancies exempt from the separation requirements of Table 302.3.2 and are considered Group E occupancies only for the Chapter 3 – Buildings and Construction application of Table 503. {Last sentence to remain unchanged}. Table 302.3.2; change the footnote reference in row R-3, R-4, column U, from “d” to “f” and add foot note “f” to read as follows: f. See Section 406.1.4. E. Section 303.1; change to read as follows: 303.1 Assembly Group A. {1st four sentences to remain unchanged}. Assembly occupancies areas which are accessory to Group E in accordance with Section 302.2 are not considered assembly occupancies are exempt from the separation requirements of Table 302.3.2 and are considered Group E occupancies only for the application of Table 503. {Last sentence to remain unchanged) F. Section 304.1; add the following to the list of occupancies: Fire stations Police stations with detention facilities for 5 or less G. Section 403.1; change to read as follows: 403.1 Applicability. The provisions of this section shall apply to buildings having any occupied floors located more than 75 55 feet (22 860 16 764 mm) above the lowest level of fire department vehicle access. Section 403.1, exception #3; change to read as follows: 3. Buildings with an occupancy in Group A-5 in accordance with Section 303.1 when used for open air seating; however, this exception does not apply to accessory uses including but not limited to sky boxes, restaurants and similarly enclosed areas. Section 403.2, exception #2; delete. H. Section 404.1.1; change definition of “Atrium” as follows: ATRIUM. An opening connecting two three or more stories . . . {Balance remains unchanged} I. Section 406.1.4; add item #4 to read as follows: 4. A separation is not required between a Group R-2 and U carport provided that the carport is entirely open on all sides and that the distance between the two is at least 10 feet (3048 mm). Section 406.6.1; add a second paragraph to read as follows This occupancy shall include garages involved in servicing of motor vehicles for items such as lube changes, inspections, windshield repair or replacement, shocks, minor part replacement and other such non-major repair. When the repair garage is only involved in such minor repair, it need not comply with Section 406.6.2. Chapter 3 – Buildings and Construction J. Section 506.2.2; add a sentence to read as follows In order to be considered as accessible, if not in direct contact with a street or fire lane, a minimum 10-foot wide pathway from the street or approved fire lane must be provided. (See International Fire Code Section 503.1.1 for hose lay measurement pathway requirements.) K. Table 602; amend footnote b by the addition of the following sentence: b. Group R-3 and Group U when used as accessory to Group R-3, as applicable in 101.2 shall be required to have a fire-resistance rating where fire separation distance is 3 feet or more. For other carports of Type II-B construction, a fire-resistance rating shall not be required where the fire separation distance is 5 feet or more and the carport complies with all of the following: i. The carport shall be constructed of all metal or all metal with masonry veneer; and, ii. The carport shall not exceed 3,000 square feet with 16’ separation between other such carports, measured from closest projection to closest projection. iii. See also Section 704.3, exception 2 for assumed property lines between main use buildings and carports. L. Section 705.11; change the exception to read as follows: Exception: For other than hazardous exhaust ducts, penetrations by ducts and air transfer openings of . . . {remainder of exception unchanged}. M. Section 707.2; change exception number 7 as follows: {7, 7.1, 7.2 and 7.3 are unchanged} 7.4. Is not open to a corridor in Group I and R occupancies. 7.5. Is not open to a corridor on nonsprinkled floors in any occupancy. 7.6. 7.4 Is separated from floor openings…{remainder of exception unchanged} N. Section 716.5.2; add exception #4 to read as follows: 4. In the duct penetration of the separation between the private garage and its residence when constructed in accordance with Section 406.1.4, exception #2. O. Section 902.1; under "Standpipe, Types of” definition amend "Manual dry" by adding a sentence to read as follows: The system must be supervised as specified in Section 905.9. P. Section 903.2; delete exception Add Section 903.2.8.3 to read as follows: Chapter 3 – Buildings and Construction 903.2.8.3 Self-Service Storage Facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities Exception: One-story self-service storage facilities that have no interior corridors, with a one-hour fire barrier separation wall installed between every storage compartment. Section 903.2.10; amend 903.2.10.3 and add 903.2.10.4, 903.2.10.5, and 903.2.10.6 as follows: 903.2.10.3 Buildings More Than 55 35 Feet in Height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with Section 1509 of the International Building Code, having an occupant load of 30 or more that is located 55 35 feet (16 764 10 668mm) or more above the lowest level of fire department vehicle access. Exception: 1. Airport control towers. 2. Open parking structures in compliance with Section 406.3 of the International Building Code. 3. Occupancies in Group F-2. 903.2.10.4 High-Piled Combustible Storage. For any building with a clear height exceeding 12 feet (4572 mm), see Chapter 23 to determine if those provisions apply. 903.2.10.5 Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire-extinguishing system. 903.2.10.6 Buildings Over 6,000 sq.ft. An automatic sprinkler system shall be installed throughout all buildings with a building area over 6,000 sq.ft. For the purpose of this provision, fire walls shall not define separate buildings. Exceptions: 1. Open parking garages in compliance with Section 406.3 of the International Building Code. 2. Type A-5. Section 903.3.1.1.1; change to read as follows: 903.3.1.1.1 Exempt locations. When approved by the code official, automatic Automatic sprinklers shall not be required in the following rooms or areas where such . . . {bulk of section unchanged} . . . because it is damp, of fire-resistance-rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the code official Chapter 3 – Buildings and Construction 3. Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance rating of not less than 2 hours. 4. In rooms or areas that are of noncombustible construction with wholly noncombustible contents. Section 903.3.5; add a second paragraph to read as follows: Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every fire protection system shall be designed with a 10 psi safety factor. Section 903.4; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering Add Section 903.6.2 to read as follows: 903.6.2 Spray Booths and Rooms. New and existing spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing system in accordance with IFC Section 1504. Q. Section 905.2; change to read as follows: 905.2 Installation Standards. Standpipe systems shall be installed in accordance with this section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low alarm. Section 905.3.2; delete exceptions #1 and 2. Section 905.4, item #5;change to read as follows: 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-percent slope), each standpipe shall be provided with a two-way hose connection located either . . . {remainder of paragraph unchanged} . . . R. Add Section 907.1.3 to read as follows: 907.1.3 Design Standards. All alarm systems new or replacement serving 50 or more alarm actuating devices shall be addressable fire detection systems. Alarm systems serving more than 75 smoke detectors or more than 200 total alarm activating devices shall be analog intelligent addressable fire detection systems. Exception: Existing systems need not comply unless the total building remodel or expansion initiated after the effective date of this code, as adopted, exceeds 30% of the building. When cumulative building remodel or expansion exceeds 50% of the building must comply within 18 months of permit application. Section 907.2.3; change to read as follows: Chapter 3 – Buildings and Construction 907.2.3 Group E. A manual fire alarm system shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. Unless separated by a minimum of 100' open space, all buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems. Section 907.2.3; change exception #1 and add exception #1.1 to read as follows: 1. Group E educational and day care occupancies with an occupant load of less than 50 when provided with an approved automatic sprinkler system. 1.1 Residential In-Home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms. (For care of more than five children 2 1/2 or less years of age, see Section 907.2.6.) Section 907.2.12; change to read as follows: 907.2.12 High-Rise Buildings. Buildings having any floor used for human occupancy located more than 75 55 feet (22 860 16 764 mm) above the lowest level of fire department vehicle access shall be provided with an automatic fire alarm system and an emergency voice/alarm communications system in accordance with Section 907.2.12.2. Section 907.2.12, exception #3; change to read as follows: 3. Buildings with an occupancy in Group A-5 in accordance with Section 303.1, when used for open air seating; however, this exception does not apply to accessory uses including but not limited to sky boxes, restaurants and similarly enclosed areas. Section 907.3; add a second paragraph to read as follows: Manual alarm actuating devices shall be an approved double action type. Add Section 907.5.1 to read as follows: 907.5.1 Installation. All fire alarm systems shall be installed in such a manner that the failure of any single alarm-actuating or alarm-indicating device will not interfere with the normal operation of any other such devices. All systems shall be Class “A” wired with a minimum of six feet separation between supply and return loops. IDC – Class “A” style – D – SLC Class “A” Style 6 – notification Class “B” Style Y. Section 907.8.2; change to read as follows: 907.8.2 High-Rise Buildings. In buildings that have any floor located more than 75 55 feet (22 860 16 764 mm) above the . . . {remainder of section unchanged}. S. Section 1008.1.3.4; add criteria #7 as follows: 7. If a full building smoke detection system is not provided, approved smoke detectors shall be provided on both the access and egress sides of doors and in a location approved by the authority having jurisdiction of NFPA 72. Actuation of a smoke detector shall automatically unlock the door. Chapter 3 – Buildings and Construction T. Section 1016.1; add an exception #5 to read as follows: 5. In Group B office buildings, corridor walls and ceilings need not be of fire-resistive construction within office spaces of a single tenant when the space is equipped with an approved automatic smoke-detection system within the corridor. The actuation of any detector shall activate alarms audible in all areas served by the corridor. The smoke- detection system shall be connected to the building’s fire alarm system where such a system is provided. U. Section 1019.1.8; change to read as follows: 1019.1.8 Smokeproof Enclosures. In buildings required to comply with Section 403 or 405, each of the exits of a building that serves stories where the any floor surface is located more than 75 55 feet (22 860 16 764 mm) above the lowest level of fire . . . {remainder of section unchanged}. V. **Section 1101.2; add an exception to read as follows: Exception: Buildings regulated under State Law and built in accordance with State certified plans, including any variances or waivers granted by the State, shall be deemed to be in compliance with the requirements of this Chapter. W. Section 1109.2.1; change to read as follows: 1109.2.1 Unisex Toilet and Bathing Rooms. In assembly and mercantile occupancies, an accessible unisex toilet room shall be provided where an aggregate of six or more male and or female water closets is required provided. In buildings of mixed occupancy, only those water closets . . . {remainder of section unchanged}. X. Section 1210.2, exception #2; change to read as follows: 2. Toilet rooms that are not accessible to the public and which have not more than one water closet; provided that walls around urinals comply with the minimum surrounding material specified by Section 419.3 of the International Plumbing Code. Y. Section 1403.3; change to read as follows: 1403.3 Vapor Retarder. An approved vapor retarder shall be provided. In all framed walls, floors and roof/ceilings comprising elements of the building thermal envelope, a vapor retarder, when installed, shall be installed in a manner so as to not trap moisture. Vapor retarders shall be tested in accordance with ASTM E 96. Exception: (delete all exceptions) Z. Table 1505.1; replace footnotes b and c with the following: a. All individual replacement shingles or shakes shall be in compliance with the rating required by this table. b. Non-classified roof coverings shall be permitted on buildings of U occupancies having not more than 120 sq.ft. of projected roof area. When exceeding 120 sq.ft of projected roof area, buildings of U occupancies may use non-rated non-combustible roof coverings. Chapter 3 – Buildings and Construction Section 1505.7; delete. AA. Add Section 2308.2.3 to read as follows: 2308.2.3 Application to Engineered Design. When accepted by the Building Official, any portion of this section is permitted to apply to buildings that are otherwise outside the limitations of this section provided that: 1. The resulting design will comply with the requirements specified in Chapter 16; 2. The load limitations of various elements of this section are not exceeded; and 3. The portions of this section which will apply are identified by an engineer in the construction documents. BB. **Section 2901.1; add a sentence to read as follows: The provisions of this Chapter are meant to work in coordination with the provisions of Chapter 4 of the International Plumbing Code. Should any conflicts arise between the two chapters, the Building Official shall determine which provision applies. Section 2902.1, 2902.1.1 and 2902.1.2; change to read as follows and add sub sections: 2902.1 Minimum Number of Fixtures. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number as follows: 1. Assembly Occupancies: At least one drinking fountain shall be provided at each floor level in an approved location. Exception: A drinking fountain need not be provided in a drinking or dining establishment. 2. Groups A, B, F, H, I, M and S Occupancies: Buildings or portions thereof where persons are employed shall be provided with at least one water closet for each sex except as provided for in Section 2902.2. 3. Group E Occupancies: Shall be provided with fixtures as shown in Table 2902.1. 4. Group R Occupancies: Shall be provided with fixtures as shown in Table 2902.1. It is recommended, but not required, that the minimum number of fixtures provided also comply with the number shown in Table 2902.1. Types of occupancies not shown in Table 2902.1 shall be considered individually by the building code official. The number of occupants shall be determined by this code. Occupancy classification shall be determined in accordance with Chapter 3. 2902.2 Finish Material. Finish materials shall comply with Section 1210. (Ord. No. 2004-22 § IV, 8-30-04) Chapter 3 – Buildings and Construction Section 3.04 Board of Appeals The Town Council shall appoint five (5) members to the Building Board of Appeals as authorized by the International Residential Code, 2000 Edition, as amended, each to be appointed by a majority of the Town Council for a term of two (2) years; and shall appoint five (5) members to the Fire Board of Appeals as authorized by the International Fire Code, 2003 Edition, each to be appointed by a majority of the Town Council for a term of two (2) years. For purposes of this Article, the I.R.C. and the International Fire Code, the Zoning Board of Adjustment of the Town shall be and is designated as the Building Board of Appeals and the Fire Board of Appeals. (Ord. No. 2004-22 § V, 8-30-04) Code of Ordinances Cross Reference: (Swimming Pool Regulations Appeal), Chapter 3, § 15.05 Chapter 3 – Buildings and Construction Section 3.05 Penalty It shall be unlawful for any person to violate any provision of this Article, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. (Ord. No. 2004-22 § XIII, 8-30-04) Chapter 3 – Buildings and Construction Article IV International Residential Code Section 4.01 Adoption That the Town Council of the Town of Trophy Club, Texas, does hereby adopt the International Residential Code for one-and two-family dwellings and multiple single family dwellings (townhouses) not more than three stories in height with a separate means of egress, 2003 Edition, published by the International Code Council, including local amendments referenced herein, including Appendix Chapters A, B, C, D, E, F, G, H, I and J are hereby adopted as the Residential Building Code for the Town of Trophy Club regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one-and two-family dwellings and multiple single family dwellings (townhouses) within the Town of Trophy Club. (Ord. No. 2004-23 § III, 8-30-04) Chapter 3 – Buildings and Construction Section 4.02 Amendments to the 2003 International Residential Code The following sections, paragraphs and sentences of the 2003 International Residential Code are hereby amended as follows: Standards type is text from the IRC. Underlined type of text inserted. Lined through type is deleted text from the IRC. A. Section R101.1; insert Town name as follows: R101.1 Title. The provisions shall be known as the Residential Code for One-and Two –Family Dwellings of The Town of Trophy Club, Texas, and shall be cited as such as will be referred to herein as “this code”. B. **Section R102.4; change to read as follows: R102.4 Referenced Codes and Standards. The codes, when specifically adopted, and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference made to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. Exception: Where enforcement . . .{remainder of exception unchanged.}… C. Section R105.2, item #1; change as follows: 1. One-story detached accessory structures, provided the floor area does not exceed 200 120 square feet (18.58 11.15 m2). D. Section R109.1.3; change to read as follows: R109.1.3 Floodplain inspections. For construction permitted in areas prone to flooding as established by Table R301.2(1), upon . . . {bulk of section unchanged} . . . construction, the building official may shall require submission . . . {remainder of section unchanged}. E. Section R110 (R110.1 through R110.4); delete. F. Section R112.2.1 & R1112.2.2 delete. G. Section R202; change definition of "Townhouse" to read as follows: TOWNHOUSE. A single-family dwelling unit constructed in a group of three or more attached units separated by property lines in which each unit extends from foundation to roof and with open space on at least two sides. Section R202; add definition of “Naturally durable wood” as follows: Chapter 3 – Buildings and Construction NATURALLY DURABLE WOOD. The heartwood of the following species with the exception that an occasional piece with corner sapwood is permitted if 90 percent or more of the width of each side on which it occurs is heartwood. Decay Resistant. Redwood, cedars, black locust and black walnut. Termite Resistant. Redwood and Eastern red cedar. H. Table R301.2(1); fill in as follows: GROUND SNOW LOAD WIND SPEEDed (mph) SEISMIC DESIGN CATEGORYgh 5 lb/ft2 90 (3-sec-gust)/75 fastest mile A SUBJECT TO DAMAGE FROM Weatheringa Frost line depthb Termitec Decayd moderate 6” very heavy WINTER DESIGN TEMPfe ICE SHIELD UNDER-LAYMENT REQUIREDih FLOOD HAZARDShg AIR FREEZING INDEXji MEAN ANNUAL TEMPkj 22oF No local code 69oF 64.9oF For SI: 1 pound per square foot = 0.0479 kN/m.02, 1 mile per hour = 1.609 km/h. a. No revisions. No revisions. No revisions. d. The jurisdiction shall fill in this part of the table with “moderate to sever,” “slight to moderate,” or “none to slight” in accordance with Figure R301.2(7) depending on whether there has been a history of local damage. e d. No further revisions. f e. No further revisions. g f. No further revisions. h g. No further revisions. i h. No further revisions. j i. No further revisions. k j. No further revisions. Figure R301.2(7); delete and renumber figures as needed. Chapter 3 – Buildings and Construction I. Section R302.1; add a second exception as follows: Exceptions: 1. Tool and storage sheds, playhouses and similar structures exempted from permits by Section R105.2 are not required to provide wall protection based on location on the lot. Projections beyond the exterior wall shall not extend over the lot line. 2. Open metal carport structures may be constructed within zero (0) feet of the property line without fire-resistive or opening protection when the location of such is approved as required by other adopted ordinances. J. Section R303.3, exception; change to read as follows: Exception: The glazed areas shall not be required where artificial light and a mechanical ventilation system, complying with one of the following, are provided. 1. The minimum ventilation rates shall be 50 cfm (23.6 L/s) for intermittent ventilation or 20 cfm (9.4 L/s) for continuous ventilation. Ventilation air from the space shall be exhausted directly to the outside. 2. Bathrooms that contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air. Section R303.8; change to read as follows: R303.8 Required Heating. When the winter design temperature in Table R301.2(1) is below 60oF (16oC), every Every dwelling unit shall be provided with heating facilities capable of maintaining a minimum room temperature of 68oF (20oC) at a point 3 feet (914 mm) above the floor and 2 feet (610 mm) from exterior walls in all habitable rooms at the design temperature. {Remainder of section unchanged} K. Section R311.2.2; change to read as follows: R311.2.2 Under stair protection. Enclosed accessible space under stairs shall have walls, under stair surface and any soffits protected on the enclosed side with 5/8-inch (15.8 mm) fire-rated 1/2- inch (12.7 mm) gypsum board or one-hour fire-resistive construction. L. Section R317.1; add a second exception to read as follows: Exceptions: 1. {existing exception unchanged} 2. Two-family dwelling units that are also divided by a property line through the structure shall be separated as required for townhouses. M. Section R318; delete. Chapter 3 – Buildings and Construction N. Sections R319 and R320; change to read as follows: Revise Section R319.1 to read as follows: R319.1 Location Required. In areas subject to decay damage as established by Figure R3001.2(7), Protection from decay shall be provided in the following locations shall require by the use of naturally durable wood or an approved species and grade of lumber, wood that is pressure preservatively treated in accordance with AWPA C1, C2, C3, C4, C9, C15, C18, C22, C23, C24, C28, C31, C33, P1, P2, and P3, or decay-resistant heartwood of redwood, black locust, or cedars 1-7 No revision. R319.1.1 Field Treatment. Field cut ends, notches and drilled holes of pressure preservatively treated wood shall be retreated in the field in accordance with AWPA M4. Renumber existing sections R319.1.1 (Ground contact) through R319.1.4 (Wood columns). Section R320.1; change to read as follows: R320.1 Subterranean Termite Control. In areas favorable to termite damage as established by Table R301.2(1), methods of protection shall be by chemical soil treatment, pressure preservatively treated wood in accordance with the AWPA standards listed in Section R319.1, naturally termite- resistant wood or physical barriers (such as metal or plastic termite shields), or any combination of these methods, or provided with other industry accepted methods of termite protection. Exception: When chemicals or other methods of protection are undesirable to the home owner/buyer. O. Section R323.1; change to read as follows: R323.1 General. Buildings and structures, when permitted to be constructed in flood hazard areas . . . {bulk of section unchanged} . . . shall be designed and constructed as required in accordance with the provisions contained in this section or by other local provisions as applicable. Section R602.10.5; add the following exception and figure: Exception: Vertical wall segments in the first of one- or first of two-story buildings next to garage openings shall be permitted to have a 6:1 height-to-width ratio (with height being measured from top of header to sill plate) when constructed in accordance with the following provisions. Each panel shall have a length of not less than 16 inches (406 mm) and a height of not more than 10 feet (3048 mm). Each panel shall be sheathed on one face with a single layer of 3/8-inch-minimum-thickness (9.5 mm) wood structural panel sheathing nailed with 8d common or galvanized box nails in accordance with Figure R602.10.5(2). The wood structural panel sheathing shall extend up over the solid sawn or glued-laminated header and shall be nailed in accordance with Figure R602.10.5(2). The header shall extend between the inside faces of the first full-length outer studs of each panel. The clear span of the header between the inner studs of each panel shall be not less than six feet (1829 mm) and not more than 18 feet (5486 mm) in length. A strap with an uplift capacity of not less than 1000 pounds (454 kg) shall fasten the header to the side of the inner studs opposite the sheathing. Two anchor bolts shall be installed in accordance with Section R403.1.6, and plate washers shall be a minimum of 2 inches by 2 inches by 3/16 inch (51 mm by 51 mm by 4.88 mm) thick and shall be used on each bolt. This exception is only permitted in Seismic Design Categories A-C. Chapter 3 – Buildings and Construction Figure R602.10.5(2) GARAGE DOOR BRACED WALL PANEL FOR USE WITH CONTINUOUSLY SHEATHED WALLS Q. Section R703.7.4.1; add a second paragraph to read as follows: For 3¼ square feet (0.302 m2) of wall area, the following dimensions shall be adhered to: 1. When ties are placed on studs 16 in (407 mm) o.c., they shall be spaced no further apart than 29 in (737 mm) vertically starting approximately 15 in (381 mm) from the foundation. 2. When ties are placed on studs 24 in (610 mm) o.c., they shall be spaced no further apart than 19 in (483 mm) vertically starting approximately 10 in (254 mm) from the foundation. Add Section R902.3 to read as follows: R. R902.3 Minimum Roof Class. All roof coverings shall be a minimum Class C. All individual replacement shingles or shakes shall be a minimum Class C. Exception: Non-classified roof coverings shall be permitted on buildings of U occupancies having not more than 120 sq.ft. of projected roof area. When exceeding 120 sq.ft. of projected roof area, buildings of U occupancies may use non-rated non- combustible coverings. S. Section R907.1; add a sentence to read as follows: Chapter 3 – Buildings and Construction All individual replacement shingles or shakes shall comply with Section R902.3. T. N1101.2.1 Compliance. Compliance with this chapter shall be demonstrated by meeting the requirements of the applicable sections and tables of this chapter either one of the following: 1. Meeting the requirements of this chapter for buildings with a glazing area that does not exceed 15 percent of the gross area of exterior walls; or 2. Meeting the requirements of this chapter for buildings with a glazing area that is greater than 15 percent but not exceeding 20 percent of the gross area of exterior walls and air conditioning equipment rated 12 SEER or higher; 3. Meeting the requirements of this chapter for buildings with a glazing area that is greater than 20 percent but not exceeding 25 percent of the gross area of exterior walls and air conditioning equipment rated 14 SEER or higher; or 4. Meeting the requirements of the International Energy Conservation Code for residential buildings, detached one- and two-family dwellings. {Remainder of section unchanged} Add Section N1101.3.4 to read as follows: N1101.3.4 Exterior Basement or Slab Insulation. When susceptibility to termite damage is classified as "very heavy" according to Table R301.2(1), designs employing basement or slab exterior insulation capable of harboring termites shall not be utilized. Section N1102.1; amend as follows: N1102.1 Thermal Performance Criteria. The minimum required insulation R-value or the area- weighted average maximum required fenestration U-factor (other than opaque doors which are governed by Section N1102.1.3) for each element in the building thermal envelope (fenestration, roof/ceiling, opaque wall, floor, slab edge, crawl space wall and basement wall) shall be in accordance with the criteria in Table N1102.1. Detached one-and-two family dwellings with greater than 15-25-percent glazing area; townhouses with greater than 25-percent glazing area; and any residential building in climates with heating degree days equal to or greater than 13,000; shall determine compliance using the building envelope requirements of Chapters 4 or 5 of the International Energy Conservation Code. V. Replace Table N1102.1 with: TABLE N1102.1 SIMPLIFIED PRESCRIPTIVE BUILDING ENVELOPE THERMAL COMPONENT CRITERIA MINIMUM REQUIRED THERMAL PERFORMANCE (U-FACTOR AND R-VALUE) MINIMUM INSULATION R-VALUE [(hr*ft2 *˚F)/Btu] MAXIMUM GLAZING U-FACTOR [Btu/(hr*ft2 *˚F)] Ceilings open to Attic Space Ceiling Joist/Roof Rafter Assembly Walls Floors Basement Walls Slab Perimeter Crawl Space Walls Chapter 3 – Buildings and Construction 0.65 R-38 R-22 R-13 R-19 R-0 R-0 R-7a a. Crawl space insulation is only required for structures with un-insulated floors. Use of this table is limited to projects where the cathedral ceiling area is limited to one third or less of the total ceiling area. Section N1102.1.6; delete last sentence of exception. Section N1102.2; amend as follows: N1102.2 Maximum Solar Heat Gain Coefficient for Fenestration Products. The area- weighted-average solar heat gain coefficient (SHGC) for glazed fenestration installed in locations with 3,500 or fewer heating degree days shall not exceed 0.40. Exceptions: 1. Any glazing facing within 45 degrees of true north; 2. Any glazing facing within 45 degrees of true south which is shaded along its full width by a permanent overhang with a projection factor of 0.3 or greater. 3. Any fenestration with permanently attached screens where the screens have a rated shading coefficient of .6 or less. W. Table N1103.5; amend as follows: Cooling Systems FLUID TEMP RANGE (oF) INSULATION THICKNESS inchesb 40-55 .75 .5 Chilled Water, Refrigerant or Brine Below 40 1.25 {Remainder of table unchanged.} Amend footnote “b” to read as follows: b. For piping lengths in excess of five (5) feet (1,524 mm) exposed to outdoor air, increase thickness by 0.5 inch (13 mm). X. Section M1305.1.3; change to read as follows: M1305.1.3 Appliances in Attics. Attics containing appliances requiring access shall be provided . . . {bulk of paragraph unchanged} . . . from the opening to the appliance. The passageway shall have continuous unobstructed solid flooring in accordance with Chapter 5 not less than 24 30 inches (610 762 mm) wide. A level service space at least 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present along all sides of the appliance where access is required. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions are not large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one of the following: Chapter 3 – Buildings and Construction 1. A permanent stair. 2. A pull down stair. 3. An access door from an upper floor level. Exception: The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening. Section M1305.1.3.1; add a sentence to read as follows: Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage. Section M1305.1.4.1; change to read as follows: M1305.1.4.1 Ground clearance. Appliances supported from the ground shall be level and firmly supported on a concrete slab or other approved material extending above the adjoining ground a minimum of 3 inches (76 mm). Appliances suspended from the floor shall have a clearance of not less than 6 inches (152 mm) above the ground. Section M1305.1.4.3; add a sentence to read as follows: Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage. Y. Section M1307.3.1; delete. Z. Section M1501.2; delete and replace with the following: M1501.2 Exhaust duct size. The minimum diameter of the exhaust duct shall be as recommended by the manufacturer, shall be at least the diameter of the appliance outlet and shall be a minimum nominal size of 4 inches (102 mm) in diameter. The size of duct shall not be reduced along its developed length nor at the point of termination. Section M1501.3; change to read as follows: M1501.3 Length Limitation. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the wall or roof termination with not more than two bends. When extra bends are installed, the maximum length of the duct shall be reduced 2.5 feet (762 mm) for each 45-degree (0.79 rad) bend and 5 feet (1524 mm) for each 90- degree (1.6 rad) bend that occur after the first two bends, measuring in the direction of airflow. The maximum length of the exhaust duct does not include the transition duct. {Exception is unchanged} AA. Section M2005.2; change to read as follows: M2005.2 Prohibited Locations. Fuel-fired water heaters shall not be installed in a room used as a storage closet. Water heaters located in a bedroom or bathroom shall be installed in a sealed enclosure so that combustion air will not be taken from the living space. Access to such enclosure may be from the bedroom or bathroom when through a solid door, weather-stripped in accordance with the exterior door air leakage requirements of the International Energy Conservation Code and equipped with an approved self-closing device. Direct-vent water heaters are not required to be installed within an enclosure. Chapter 3 – Buildings and Construction BB. Section G2408.3; delete. CC. Section G2412.5; add a second paragraph to read as follows: Both ends of each section of medium pressure gas piping shall identify its operating gas pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the following wording shall be stamped into the tag: "WARNING 1/2 to 5 psi gas pressure Do Not Remove" DD. Section G2413.3; add an exception to read as follows: Exception: Corrugated stainless steel tubing (CSST) shall be a minimum of 1/2". EE. Section G2415.6; change to read as follows: G2415.6 (404.6) Piping in Solid Floors. Piping in solid floors shall be laid in channels in the floor and covered in a manner what will allow access to the piping with a minimum amount of damage to the building. Where such piping is subject to exposure to excessive moisture or corrosive substances, the piping shall be protected in an approved manner. As an alternative to installation in channels, the piping shall be installed in accordance with Section G2415.11 (404.11) a casing of schedule 40 steel, wrought iron, PVC or ABS pipe with tightly sealed ends and joints. Both ends of such casing shall extend not less than 2 inches (51 mm) beyond the point where the pipe emerges from the floor. Section G2415.9; change to read as follows: G2415.9 (404.9) Minimum burial depth. Underground piping systems shall be installed a minimum depth of 12 18 inches (305 458 mm) below grade, except as provided for in Section G2415.9.1. FF. Section G2415.9.1; delete. GG. Section G2417.1; change to read as follows: G2417.1 (406.1) General. Prior to acceptance and initial operation, all piping installations shall be inspected and pressure tested to determine that the materials, design, fabrication, and installation practices comply with the requirements of this code. The permit holder shall make the applicable tests prescribed in Sections 2417.1.1 through 2417.7.4 to determine compliance with the provisions of this code. The permit holder shall give reasonable advance notice to the code official when the piping system is ready for testing. The equipment, material, power and labor necessary for the inspections and test shall be furnished by the permit holder and the permit holder shall be responsible for determining that the work will withstand the test pressure prescribed in the following tests. Section G2417.4; change to read as follows: Chapter 3 – Buildings and Construction G2417.4 (406.4) Test Pressure Measurement. Test pressure shall be measured with a monometer or with a pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period. The source of pressure shall be isolated before the pressure tests are made. For tests requiring a pressure of 3 psig, mechanical gauges used to measure test pressures shall utilize a dial with a minimum diameter of three and one half inches (3 ½”), a set hand, 1/10 pound incrementation and pressure range not to exceed 6 psi for tests requiring a pressure of 3 psig. For tests requiring a pressure of 10 psig, mechanical gauges shall utilize a dial with a minimum diameter of three and one-half inches (3 ½”), a set hand, a minimum of 2/10 pound incrementation and a pressure range not to exceed 20 psi. have a range such that the highest end of the scale is not greater than five times the test pressure. Section G2417.4.1; change to read as follows: G2417.4.1 (406.4.1) Test Pressure. The test pressure to be used shall be not less than one and one-half times the proposed maximum working pressure, but not less than 3 3 psig (20 kPa gauge), or at the discretion of the Code Official, the piping and valves may be tested at a pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer or slope gauge. irrespective of design pressure. Where the test pressure exceeds 125 psig (862 kPa gauge), the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa) (1/2 psi) and less than 200 inches of water column pressure (52.2 kPa) (7.5 psi), the test pressure shall not be less than ten (10) pounds per square inch (69.6 kPa). For piping carrying gas at a pressure that exceeds 200 inches of water column (52.2 kPa) (7.5 psi), the test pressure shall be not less than one and one-half times the proposed maximum working pressure. Section G2417.4.2; change to read as follows: G2417.4.2 (406.4.2) Test Duration. The test duration shall be held for a length of time satisfactory to the Code Official, but in no case for be not less than 10 fifteen (15) minutes. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa), the test duration shall be held for a length of time satisfactory to the Code Official, but in no case for less than thirty (30) minutes. HH. Add Section G2420.1.4 to read as follows: G2420.1.4 Valves in CSST Installations. Shutoff valves installed with corrugated stainless steel (CSST) piping systems shall be supported with an approved termination fitting, or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater than 12-inches from the center of the valve. Supports shall be installed so as not to interfere with the free expansion and contraction of the system's piping, fittings, and valves between anchors. All valves and supports shall be designed and installed so they will not be disengaged by movement of the supporting piping. II. Section G2421.1; add a second paragraph and exception to read as follows: Access to regulators shall comply with the requirements for access to appliances as specified in Section M1305. Exception: A passageway or level service space is not required when the regulator is capable of being serviced and removed through the required attic opening. Chapter 3 – Buildings and Construction JJ. Section G2439.5; add a sentence to read as follows: The size of duct shall not be reduced along its developed length nor at the point of termination. Section G2439.5.1; change to read as follows: G2439.5.1 (614.6.1) Maximum Length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the outlet terminal with not more than two bends. When extra bends are installed, the maximum length of the duct shall be reduced 2 1/2 feet (762 mm) for each 45-degree (0.79 rad) bend and 5 feet (1524 mm) for each 90-degree (1.6 rad) bend that occur after the first two bends, measuring in the direction of airflow. {Exception is unchanged} KK. Section G2445.2; change to read as follows: G2445.2 (621.2) Prohibited Use. One or more un-vented room heaters shall not be used as the sole source of comfort heating in a dwelling unit. Exception: Existing approved unvented heaters may continue to be used in dwelling units, in accordance with the code provisions in effect when installed, when approved by the Code Official unless an unsafe condition is determined to exist as described in International Fuel Gas Code Section 108.7. LL. Section G2448.1.1; change to read as follows: G2448.1.1 (624.1.1) Installation Requirements. The requirements for water heaters relative to access, sizing, relief valves, drain pans and scald protection shall be in accordance with this code. MM. Section P2503.5.1, item 1; add a second paragraph to read as follows: Shower receptors shall be tested for water tightness by filling with water to the level of the rough threshold. The drain shall be plugged in a manner so that both sides of pans shall be subjected to the test at the point where it is clamped to the drain. Section P2503.7.2; change to read as follows: P2503.7.2 Testing. Reduced pressure principle . . . {bulk of section unchanged} . . . at the time of installation, immediately after repairs or relocation and at regular intervals as required by applicable state or local provisions least annually. NN. Section P2603.2.1; change to read as follows: P2603.2.1 Protection Against Physical Damage. In concealed locations…{bulk of section unchanged}…Protective shield plates shall be a minimum of .062-inch-thick (1.6 mm) steel, and shall cover the area of the pipe where the member is notched or bored and shall extend a minimum of 2 inches (51 mm) above sole plates and below top plates. Section P2603.6.1; delete and replace with the following: Chapter 3 – Buildings and Construction P2603.6.1 Sewer Depth. Building sewers shall be a minimum of 12 inches (304 mm) below grade. OO. Section P2709.1; add an exception to read as follows: Exception: Showers designed to comply with ICC/ANSI A117.1. PP. Section P2801.6; add an exception as follows: Exception: Elevation of the ignition source is not required for water heaters that are listed as flammable vapor resistant and for installation without elevation. QQ. Section P2902.4.3; changed to read as follows: P2902.4.3 Lawn Irrigation Systems. The potable water supply system to lawn irrigation systems shall be protected against backflow by an atmospheric-type vacuum breaker, a pressure type vacuum breaker, a double-check assembly or a reduced pressure principle backflow preventer . . . {remainder of section unchanged}. RR. Table P2904.4.1 & P2904.5; delete "Polybutylene (PB) plastic pipe and tubing". Sections P2904.5.1 and P2904.14; delete reference to "PB" plastic pipe. SS. Section P3005.2.6; changed to read as follows: P3005.2.6 Upper terminal Base of stacks. Each horizontal drain shall be provided with a cleanout at its upper terminal Accessible cleanouts shall be provided near the base of each vertical waste or soil stack. Alternatively, such cleanouts may be installed outside the building within 3 feet (914 mm) of the building wall. Exception: Cleanouts may be omitted on a horizontal drain less that five (5) feet (1524 mm) in length unless such line is serving sinks or urinals. TT. Section P3103.1; change to read as follows: P3103.1 Roof Extension. All open vent pipes which extend through a roof shall be terminated at least six (6) inches (152 mm) above the roof or [number] inches above the anticipated snow accumulation, except that . . . {remainder of section unchanged}. UU. Sections P3105.2; change to read as follows: P3105.2 Fixture Drains. The total fall in a fixture drain due to pipe slope shall not exceed one pipe diameter, nor shall the vent pipe connection to a fixture drain, except for water closets, be below the weir of the trap except as provided in Section P3105.3. Section 3105.3 and Figure P3105.3; delete. VV. Section P3111; delete. Chapter 3 – Buildings and Construction WW. Section P3112.2; delete and replace with the following: P3112.2 Installation. Traps for island sinks and similar equipment shall be roughed in above the floor and may be vented by extending the vent as high as possible, but not less than the drainboard height and then returning it downward and connecting it to the horizontal sink drain immediately downstream from the vertical fixture drain. The return vent shall be connected to the horizontal drain through a wye-branch fitting and shall, in addition, be provided with a foot vent taken off the vertical fixture vent by means of a wye-branch immediately below the floor and extending to the nearest partition and then through the roof to the open air or may be connected to other vents at a point not less than six (6) inches (152 mm) above the flood level rim of the fixtures served. Drainage fittings shall be used on all parts of the vent below the floor level and a minimum slope of one-quarter (1/4) inch per foot (20.9 mm/m) back to the drain shall be maintained. The return bend used under the drainboard shall be a one (1) piece fitting or an assembly of a forty-five (45) degree (0.79 radius), a ninety (90) degree (1.6 radius) and a forty- five (45) degree (0.79 radius) elbow in the order named. Pipe sizing shall be as elsewhere required in this Code. The island sink drain, upstream of the return vent, shall serve no other fixtures. An accessible cleanout shall be installed in the vertical portion of the foot vent. XX. Chapters 33 through 42; delete. Replace with the electrical code as adopted. (Ord. No. 2004-23 § IV, 8-30-04) Chapter 3 – Buildings and Construction Section 4.03 Board of Appeals The Town Council shall appoint five (5) members to the Building Board of Appeals as authorized by the International Residential Code, 2003 Edition, as amended, each to be appointed by a majority of the Town Council for a term of two (2) years; and shall appoint five (5) members to the Fire Board of Appeals as authorized by the International Fire Code, 2003 Edition, each to be appointed by a majority of the Town Council for a term of two (2) years. For purposes of this Article, the I.R.C. and the International Fire Code, the Zoning Board of Adjustment of the Town shall be and is designated as the Building Board of Appeals and the Fire Board of Appeals. (Ord. No. 2004-23 § V, 8-30-04) Chapter 3 – Buildings and Construction Section 4.04 Penalty It shall be unlawful for any person to violate any provision of this Article, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. (Ord. No. 2004-23 § VIII, 8-30-04) Chapter 3 – Buildings and Construction Article V National Electrical Code Section 5.01 Adoption That the Town Council of the Town of Trophy Club, Texas, does hereby adopt the National Electrical Code, 2002 Edition, published by The National Fire Protection, Inc., with the local amendments reflected in this Article as the Electrical Code for the Town of Trophy Club. (Ord. No. 2004-24 § III, 8-30-04) Chapter 3 – Buildings and Construction Section 5.02 Amendments to the 2002 National Electrical Code The following sections, paragraphs and sentences of the 2002 National Electrical Code are hereby amended as follows: Standards type is text from the NEC. Underlined type of text inserted. Lined through type is deleted text from the NEC. A. Section 230.2(A) add a sixth special condition. 230.2 Number of Services. A building or other structure served shall be supplied by only one service unless permitted in 230.2(A) through (D). For the purpose...{text unchanged}...shall be considered to be supplying one service. (A) Special Conditions. Additional services shall be permitted to supply the following: (1) Fire Pumps (6) In supplying electrical service to multifamily dwellings, two or more laterals or overhead service drops shall be permitted to a building when both of the following conditions are met: a. The building has six or more individual gang meters and all meters are grouped at the same location. b. Each lateral or overhead service drop originates from the same point of service. Section 230.71(A) add an exception. 230.71 Maximum Number of Disconnects. (A) General. The service disconnecting means for each service permitted by 230.2, or for each set of service-entrance conductors permitted by 230.40, Exception Nos. 1, 3, 4, or 5, shall consist of not more than six switches or sets of circuit breakers, mounted in a single enclosure, in a group of separate enclosures, or in or on a switchboard. There shall be no more than six sets of disconnects per service grouped in any one location. For the purpose...{text unchanged}...shall not be considered a service disconnecting means. Exception: Multi-occupant Buildings. Individual service disconnecting means is limited to six for each occupant. The number of individual disconnects at one location may exceed six. B. Section 250.52 add a paragraph. 250.52 Grounding Electrodes. (A) Electrodes Permitted for Grounding. Where a metal underground water pipe, as described in item (1), is not present, a method of grounding as specified in (2) through (4) below shall be used. C. Section 300.11(A)(1) change to read as follows: 300.11 Securing and Supporting. Chapter 3 – Buildings and Construction (A) Secured in Place. (1) Fire-Rated Assemblies. Wiring located within the cavity of a fire-rated floor-ceiling or roof-ceiling assembly shall not be secured to, or supported by, the ceiling assembly, including the ceiling support wires. unless tested as part of a fire-rated assembly. An independent means of secure support…{text unchanged}…are part of the fire-rated design. (delete exception) Section 300.11(A)(2) change to read as follows: 300.11 Securing and Supporting. (A) Secured in Place. (2) Non-Fire-Rated Assemblies. Wiring located within the cavity of a non-fire-rated floor- ceiling or roof-ceiling assembly shall not be secured to, or supported by, the ceiling assembly, including the ceiling support wires. unless authorized by, and installed in accordance with, the ceiling system manufacturer’s instructions. An independent means of secure support shall be provided. (delete existing exception) Add Exception: From the last point of independent support or base for connections within an accessible ceiling to luminaire(s) (lighting fixture(s)) or equipment, branch circuit or fixture whip wiring shall be allowed to be supported by the ceiling support wires. D. Section 310.15(B)(6) change to read as follows: 310.15 Ampacities for Conductors Rated 0-2000 Volts. (B) Tables. (6) 120/240-Volt, 3-Wire, Single-Phase Dwelling Services and Feeders. For dwelling units, conductors, as listed in Table 310.15(B)(6), shall be...{text unchanged}...provided the requirements of 215.2, 220.22, and 230.42 are met. This Section shall not be used in conjunction with 220.30. E. Section 334.10 change to read as follows: 334.10. Uses Permitted. Type NM, Type NMC, and Type NMS cables shall be permitted to be used in the following: (1) One- and Two-Family Dwellings. (2) Multifamily dwellings permitted to be of Types III, IV, and V construction except as prohibited in 334.12. (3) Other structures permitted to be of Types III, IV, and V construction except as prohibited in 334.12. Cables shall be concealed within walls, floors, or ceilings that provide a thermal barrier of material that has at least a 15-minute finish rating as identified in listings of fire-rated assemblies. Chapter 3 – Buildings and Construction (3) In any multifamily dwelling not exceeding three floors above grade. Exception: An additional level shall be permitted in multifamily dwellings where the entire structure is protected throughout by an approved automatic sprinkler system. (4) Other structures not exceeding 3 stories in height. Note: In Paragraphs 2 & 3 Above: For the purpose of this article, the first floor of a building shall be that floor that has 50 percent or more of the exterior wall surface area level with or above finished grade. One additional level that is the first level and not designed for human habitation and used only for vehicle parking, storage, or similar use shall be permitted. Section 334.12 add another use not permitted, (11): 334.12 Uses Not Permitted. (A) Types NM, NMC, and NMS. Types NM, NMC, and NMS cables shall not be used as follows: (1) As open runs…{text unchanged} (11) In non-residential metal frame structures. F. Section 500.8(A)(1) change to read as follows: 500.8 Equipment. (A) Approval for Class and Properties. (1) Equipment shall be identified…{text unchanged}...the maximum surface temperatures specified in 503.1. FPN: Luminaries (lighting fixtures) and other heat-producing apparatus…{text unchanged}...see Exception No. 3 to 500.8(B). Suitability of identified equipment shall be determined by any of the following: (1) Equipment listing or labeling (2) Evidence of equipment evaluation from a qualified testing laboratory or inspection agency concerned with product evaluation (3) Evidence acceptable to the authority having jurisdiction such as a manufacturer’s self-evaluation or an owner’s engineering judgment. G. Section 600.21 (E) change to read as follows: 600.21 Ballasts, Transformers, and Electronic Power Supplies. (E) Attic and Soffit Locations. Ballasts, transformers, and electronic power supplies shall be permitted to be located in attics and soffits, provided there is an access door at least 900 mm by 600 mm (3 ft by 2 ft) and a passageway of at least 900 mm (3 ft) high by 600 mm (2 ft) wide with a suitable permanent walkway at least 300 mm (12 in.) 600 mm (2 ft) wide extending from the point of entry to each component. (Ord. No. 2004-24 § IV, 8-30-04) Chapter 3 – Buildings and Construction Section 5.03 Penalty It shall be unlawful for any person to violate any provision of this Article, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. (Ord. No. 2004-24 § VII, 8-30-04) Chapter 3 – Buildings and Construction Article VI International Mechanical Code Section 6.01 Adoption That the Town Council of the Town of Trophy Club, Texas, does hereby adopt the International Mechanical Code, 2003 Edition, published by the International Code Council, Inc., including local amendments referenced herein as the Mechanical Code for the Town of Trophy Club except for mechanical systems otherwise regulated under the International Residential Code, 2003 Edition for One- and Two-Family Dwellings as adopted and made a part hereof as if fully set out in and amended by this Article. (Ord. No. 2004-25 § III, 8-30-04) Chapter 3 – Buildings and Construction Section 6.02 Amendments to the 2003 International Mechanical Code The following sections, paragraphs and sentences of the 2003 International Mechanical Code are hereby amended as follows: Standards type is text from the IMC. Underlined type of text inserted. Lined through type is deleted text from the IMC. A. Section R101.1; insert Town name as follows: R101.1 Title. The provisions shall be known as the Mechanical Code of The Town of Trophy Club, Texas, and shall be cited as such as will be referred to herein as “this code”. B. Section 102.8; change to read as follows: 102.8 Referenced Codes and Standards. The codes and standards referenced herein shall be those that are listed in Chapter 15 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. C. Section 302.3; change to read as follows: 302.3 Cutting, Notching and Boring in Wood Framing. When permitted by the International Building Code, the The cutting, notching and boring of wood framing members shall comply with Sections 302.3.1 through 302.3.4. D. Section 304.6; delete. Section 304.9; change to read as follows: 304.9 Clearances From Grade. Equipment and appliances installed at grade level shall be supported on a level concrete slab or other approved material extending above adjoining grade a minimum of 3 inches (76 mm) or shall be suspended a minimum of 6 inches (152 mm) above adjoining grade. E. Section 306.3; change to read as follows: 306.3 Appliances in Attics. Attics containing appliances requiring access shall be provided . . . {bulk of paragraph unchanged} . . . from the opening to the appliance. The passageway shall have continuous unobstructed solid flooring not less than 24 30 inches (610 762 mm) wide. A level service space not less than 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present at the front or service side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions are not large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one of the following: 1. A permanent stair. Chapter 3 – Buildings and Construction 2. A pull down stair. 3. An access door from an upper floor level. Exception: The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening. Section 306.5; change to read as follows: 306.5 Equipment and Appliances on Roofs or Elevated Structures. Where equipment and appliances requiring access are installed on roofs or elevated structures at a an aggregate height exceeding 16 feet (4877 mm), such access shall be provided by a permanent approved means of access., the extent of which shall be from Permanent exterior ladders providing roof access need not extend closer than 8 feet (2438 mm) to the finish grade or floor level below and shall extend to the equipment and appliance’s level service space. Such access shall . . . {bulk of section to read the same}. . . on roofs having a slope greater than 4 units vertical in 12 units horizontal (33-percent slope). A receptacle outlet shall be provided at or near the equipment and appliance location in accordance with the Electrical Code. Add Section 306.6.1 to read as follows: 306.6.1 Catwalk. On roofs having slopes greater than 4 units vertical in 12 units horizontal, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to the working platform at the appliance. Add Section 306.7 to read as follows: 306.7 Water Heaters Above Ground or Floor. When the mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. 306.7.1 Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 306.3.1. F. Section 307.2.1; modify second sentence to read as follows: 307.2.1 Condensate Disposal. Condensate from all cooling coils and evaporators shall be conveyed from the drain pan outlet to an approved place of disposal. Condensate shall not discharge into a street, alley, sidewalk, rooftop, or other areas so as to cause a nuisance. Section 307.2.2; change to read as follows: 307.2.2 Drain Pipe Materials and Sizes. Components of the condensate disposal system shall be cast iron, galvanized steel, copper, cross-linked polyethylene, polybutylene, polyethylene, ABS, CPVC or PVC pipe or tubing. All components shall be selected for the pressure, and temperature, and exposure rating of the installation. {Remainder unchanged} Section 307.2.3; add item #4 to read as follows: 4. Discharge, as noted, shall be to a conspicuous point of disposal to alert occupants in the event of a stoppage of the drain. However, the conspicuous point shall not create a hazard such as dripping over a walking surface or other areas so as to create a nuisance. Chapter 3 – Buildings and Construction G. Section 401.5; add a second exception to read as follows: Exceptions: 1. {existing exception unchanged} 2. Toilet room exhaust ducts may terminate in a warehouse or shop area when infiltration of outside air is present. H. Section 403.2; add an exception to read as follows: Exception: Where the design professional demonstrates that an engineered ventilation system is designed in accordance with ASHRAE 62, the minimum required rate of outdoor air shall be permitted to be as specified in such engineered system design. Section 403.2.1; add an item #4 to read as follows: 4. Toilet rooms within private dwellings that contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air. Table 403.3, footnote g: change to read as follows: g. Transfer air permitted in accordance with Section 403.2.2. Toilet rooms within private dwellings that contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air. I. Section 501.2; add a third exception to read as follows: Exceptions: 1. {existing exception unchanged} 2. {existing exception unchanged} 3. Toilet room exhaust ducts may terminate in a warehouse or shop area when infiltration of outside air is present. J. Section 504.6; add a sentence to read as follows: The size of duct shall not be reduced along its developed length nor at the point of termination. Section 504.6.1; change to read as follows: {Exception is unchanged} K. Section 506.3.10; change to read as follows: Chapter 3 – Buildings and Construction 506.3.10 Grease Duct Enclosure. A grease duct serving a Type I hood that penetrates a ceiling, wall or floor shall be enclosed …{bulk of paragraph unchanged}… through the use of weather- protected openings. Clearance from the duct to the interior surface of enclosures of combustible construction shall be not less than 18 inches (457 mm). Clearance from the duct to the interior surface of enclosures of noncombustible construction or gypsum wallboard attached to noncombustible structures shall be not less than 6 inches (152 mm) 3 inches (76 mm) or more than 12 inches (305 mm). The duct enclosure shall serve a single grease exhaust duct system and shall not contain any other ducts, piping, wiring or systems. Delete second exception. L. Section 607.2.2; change to read as follows: 607.2.2 Hazardous Exhaust Ducts. Hazardous exhaust duct systems shall extend directly to the exterior of the building and shall not extend into or through ducts and plenums. Penetration of structural elements shall conform to this section and the International Building Code except that fire Fire dampers are not required at penetration of fire-resistance-rated assemblies for hazardous exhaust duct system shall comply with Section 510. Section 607.5.1; change to read as follows: 607.5.1 Fire Walls. Ducts and air transfer openings permitted in fire walls in accordance with Section 705.11 of the International Building Code shall be protected with approved fire dampers installed in accordance with their listing. Hazardous exhaust ducts shall not penetrate fire walls. (Ord. No. 2004-25, § IV, 8-30-04) Chapter 3 – Buildings and Construction Section 6.03 Penalty It shall be unlawful for any person to violate any provision of this Article, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. (Ord. No. 2004-25, § IV, 8-30-04) Chapter 3 – Buildings and Construction Article VII International Plumbing Code Section 7.01 Adoption That the Town Council of the Town of Trophy Club, Texas, does hereby adopt the International Plumbing Code, 2003 Edition, published by the International Code Council, Inc., including local amendments referenced herein as the Plumbing Code for the Town of Trophy Club, except for plumbing systems otherwise regulated under the International Residential Code, 2003 Edition for One-and Two-Family Dwellings. (Ord. No. 2004-26 § III, 8-30-04) Chapter 3 – Buildings and Construction Section 7.02 Amendments to the 2003 International Plumbing Code The following sections, paragraphs and sentences of the 2003 International Plumbing Code are hereby amended as follows: Standards type is text from the IPC. Underlined type of text inserted. Lined through type is deleted text from the IPC. A. Section R101.1; insert Town name as follows: R101.1 Title. The provisions shall be known as the International Plumbing Code of The Town of Trophy Club, Texas, and shall be cited as such as will be referred to herein as “this code”. Table of Contents, Chapter 7, Section 714; change to read as follows: Section 714 Engineered Computerized Drainage Design ……...………….. 62 Section 101.2; change exceptions 1 and 2 as follows: 101.2 Scope (Paragraph unchanged) Exceptions: 1. Detached one and two- family dwellings . . . (unchanged) . . . International Residential Code as adopted. 2. Plumbing systems in existing buildings . . . (unchanged) . . . International Existing Building Code or the provisions for existing buildings in the International Building Code as adopted. B. Section 102.8; change to read as follows: 102.8 Referenced Codes and Standards. The codes and standards referenced in this code shall be those that are listed in Chapter 13 and such codes, when specifically adopted, and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference. Where the differences occur between provisions of this code and the referenced standards, the provisions of this code shall be the minimum requirements. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. C. Sections 106.6.2 and 106.6.3; change to read as follows: 106.6.2 Fee Schedule. The fees for all plumbing work shall be as indicated in the following schedule: (JURISDICTION TO INSERT APPROPRIATE SCHEDULE) adopted by current Schedule of Fees Ordinance, as amended. 106.6.3 Fee Refunds. The code official shall establish a policy for authorize authorizing the refunding of fees. as follows.(Delete balance of section) D. Section 109; Delete entire section and insert the following: Chapter 3 – Buildings and Construction SECTION 109 MEANS OF APPEAL 109.1 Application for Appeal. Any person shall have the right to appeal a decision of the code official to the board of appeals established by ordinance. The board shall be governed by the enabling ordinance. E. Section 305.6.1; change to read as follows: 305.6.1 Sewer Depth. Building sewers that connect to private sewage disposal systems shall be a minimum of [number] inches (mm) below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 12 inches (304 mm) below grade. Section 305.9; change to read as follows: 305.9 Protection of Components of Plumbing System. Components of a plumbing system installed within 3 feet along alleyways, driveways, parking garages or other locations in a manner in which they would be exposed to damage shall be recessed into the wall or otherwise protected in an approved manner. F. Section 310.4; delete. G. Sections 312.9.1 and 312.9.2; change to read as follows: 312.9.1 Inspections. Annual inspections shall be made of all backflow prevention assemblies and air gaps to determine whether they are operable. In the absence of local provisions, the owner is responsible to ensure that testing is performed. 312.9.2 Testing. Reduced pressure principle backflow preventer assemblies, double check-valve assemblies, pressure vacuum breaker assemblies, reduced pressure detector fire protection backflow prevention assemblies, double check detector fire protection backflow prevention assemblies, hose connection backflow preventers, and spill-proof vacuum breakers shall be tested at the time of installation, immediately after repairs or relocation and at least annually. The testing procedure shall be performed in accordance with applicable local provisions. In the absence of local provisions, the owner is responsible to ensure that testing is done in accordance with one of the following standards: {list of standards unchanged} H. Section 314.2.1; modify second sentence to read as follows: 314.2.1 Condensate Disposal. Condensate from all cooling coils and evaporators shall be conveyed from the drain pan outlet to an approved place of disposal. Condensate shall not discharge into a street, alley, sidewalk, rooftop, or other areas so as to cause a nuisance. Section 314.2.2; change to read as follows: 314.2.2 Drain Pipe Materials and Sizes. Components of the condensate disposal system shall be cast iron, galvanized steel, copper, cross-linked polyethylene, polybutylene, polyethylene, ABS, CPVC or PVC pipe or tubing. All components shall be selected for the pressure, and temperature, and exposure rating of the installation. {Remainder unchanged} Chapter 3 – Buildings and Construction I. Section 401.1; add a sentence to read as follows: The provisions of this Chapter are meant to work in coordination with the provisions of the Building Code. Should any conflicts arise between the two chapters, the Code Official shall determine which provision applies. J. Section 403.1; change to read as follows: 403.1 Minimum Number of Fixtures. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number as follows: 1. Assembly Occupancies: At least one drinking fountain shall be provided at each floor level in an approved location. Exception: A drinking fountain need not be provided in a drinking or dining establishment. 2. Groups A, B, F, H, I, M and S Occupancies: Buildings or portions thereof where persons are employed shall be provided with at least one water closet for each sex except as provided for in Section 403.2. 3. Group E Occupancies: Shall be provided with fixtures as shown in Table 403.1. 4. Group R Occupancies: Shall be provided with fixtures as shown in Table 403.1. It is recommended, but not required, that the minimum number of fixtures provided also comply with the number shown in Table 403.1. Types of occupancies not shown in Table 403.1 shall be considered individually by the code official. The number of occupants shall be determined by the International Building Code. Occupancy classification shall be determined in accordance with the International Building Code. Add Section 403.1.2 to read as follows: 403.1.2 Finish Material. Finish materials shall comply with Section 1209 of the International Building Code. K. Section 405.6; delete. L. Section 409.2; change to read as follows: 409.2 Water Connection. The water supply to a commercial dishwashing machine shall be protected against backflow by an air gap or backflow preventer in accordance with Section 608. M. Section 410.1; change to read as follows: 410.1 Approval. Drinking fountains shall conform to ASME A112.19.1M, ASME A112.19.2M or ASME A112.19.9M, and water coolers shall conform to ARI 1010. Drinking fountains and water coolers shall conform to NSF 61, Section 9. Where water is served in restaurants or where bottled water coolers are provided in other occupancies, drinking fountains shall not be required. In other occupancies, where drinking fountains are required, bottled water dispensers shall be permitted to be substituted for not more than 50 percent of the required drinking fountains. Chapter 3 – Buildings and Construction Exception: A drinking fountain need not be provided in a drinking or dining establishment. N. Section 412.4; change to read as follows: 412.4 Required Location Public laundries and central washing facilities. Floor drains shall be installed in the following areas. 1. In public coin-operated laundries and in the central washing facilities of multiple family dwellings, the rooms containing automatic clothes washers shall be provided with floor drains located to readily drain the entire floor area. Such drains shall have a minimum outlet of not less than 3 inches (76 mm) in diameter. 2. Commercial Kitchens. (In lieu of floor drains in commercial kitchens, the code official may accept floor sinks.) O. Section 413.4; change to read as follows: 413.4 Water Supply Required. All food waste grinders shall be provided with a supply of cold water. The water supply shall be protected against backflow by an air gap or with the installation of a backflow preventer in accordance with Section 608. P. Section 417.5; change to read as follows: 417.5 Shower Floors or Receptors. Floor surfaces shall be constructed of impervious, non- corrosive, nonabsorbent and waterproof materials. Thresholds shall be a minimum of 2 inches (51 mm) and a maximum of 9 inches (229 mm), measured from top of the drain to top of threshold or dam. Thresholds shall be of sufficient width to accommodate a minimum twenty-two (22) inch (559 mm) door. Exception: Showers designed to comply with ICC/ANSI A117.1. Section 417.5.2; change to read as follows: 417.5.2 Shower Lining. Floors under shower compartments, except where prefabricated receptors have been provided, shall be lined and made water tight utilizing material complying with Sections 417.5.2.1 through 417.5.2.4. Such liners shall turn up on all sides at least 2 3 inches (51 76 mm) above the finished threshold level and shall extend outward over the threshold and fastened to the outside of the threshold jamb. Liners shall be recessed and fastened to an approved backing . . . {remainder of section unchanged} . . . Add Section 417.7 to read as follows: 417.7 Test for Shower Receptors. Shower receptors shall be tested for water tightness by filling with water to the level of the rough threshold. The drain shall be plugged in a manner so that both sides of pans shall be subjected to the test at the point where it is clamped to the drain. Q. Section 419.3; change to read as follows: 419.3 Surrounding Material. Wall and floor space to a point 2 feet (610 mm) in front of a urinal lip and 4 feet (1219 mm) above the floor and at least 2 feet (610 mm) to each side of the urinal shall be waterproofed with a smooth, readily cleanable, hard, nonabsorbent material. Chapter 3 – Buildings and Construction R. Section 502.3; change to read as follows: 502.3 Water Heaters Installed in Attics. Attics containing a water heater shall be provided . . . {bulk of paragraph unchanged} . . . side of the water heater. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions are not large enough to allow removal of the water heater. Add Section 502.5 to read as follows: 502.5 Water Heaters Above Ground or Floor. When the attic, roof, mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. 502.5.1 Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 502.3.1. S. Section 504.6.1; change to read as follows: 504.6.1 Discharge. The relief valve shall discharge through full size piping to a safe place of disposal such as a the floor drain, outside the building, or an indirect waste receptor. The discharge pipe shall not have any trapped sections. When the drain pipe run is exposed, in an area outside of the room where the water heater is located, in a manner that would make it subject to damage, the drain and shall have a visible air gap or air gap fitting located in the same room as the water heater. The outlet end of the discharge pipe shall not be threaded and such discharge pipe shall not have a valve or tee installed. Relief valve piping shall be piped independent of other equipment drains or relief valve discharge piping to the disposal point. Such pipe shall be installed in a manner that does not cause personal injury to occupants in the immediate area or structural damage to the building. The end of the discharge pipe shall not be threaded. The discharge pipe shall not discharge into the pan required in Section 504.7. When discharging outside the building, the point of discharge shall be with the end of the pipe not more than two (2) feet (610 mm) nor less than six (6) inches (152 mm) above the ground or the floor level of the area receiving the discharge and pointing downward. T. Add Section 604.4.1 to read as follows: 604.4.1 State Maximum Flow Rate. Where the State mandated maximum flow rate is more restrictive than those of this section, the State flow rate shall take precedence. U. Tables 605.3 and 605.4; delete “Polybutylene (PB) plastic pipe and tubing”. V. Section 606.1; delete items #4 and #5. Section 606.2; items #1 and 2 change to read as follows: Chapter 3 – Buildings and Construction 1. On the fixture supply to each plumbing fixture. other than bathtubs and showers in one- and two-family residential occupancies, and other than in individual guestrooms that are provided with unit shutoff valves in hotels, motels, boarding houses and similar occupancies. Exception: Tub and shower valves. 2. On the water supply pipe to each sillcock when subject to freezing. W. Section 608.1; change to read as follows: 608.1 General. A potable water supply system shall be designed, installed and maintained in such a manner so as to prevent contamination from nonpotable liquids, solids or gases being introduced into the potable water supply through cross-connections or any other piping connections to the system. Backflow preventer applications shall conform to applicable local regulations, Table 608.1, except and as specifically stated in Sections 608.2 through 608.16.9. Section 608.16.5; change to read as follows: 608.16.5 Connections to lawn Irrigation Systems. The potable water supply system to lawn irrigation systems shall be protected by against backflow by an atmospheric-type vacuum breaker, a pressure type vacuum breaker, a double-check assembly or a reduced pressure principle backflow preventer . . . {remainder of section unchanged}. Section 608.17; change to read as follows: 608.17 Protection of Individual Water Supplies. An individual water supply shall be located and constructed so as to be safeguarded against contamination in accordance with applicable local regulations. In the absence of other local regulations, installation shall be in accordance with Sections 608.17.1 through 608.17.8. X. Add Section 712.5 to read as follows: 712.5 Dual Pump System. All sumps shall be automatically discharged and, when in any “public use” occupancy where the sump serves more than 10 fixture units, shall be provided with dual pumps or ejectors arranged to function independently in case of overload or mechanical failure. For storm drainage sumps and pumping systems, see Section 1113. Y. Section 714, 714.1; change to read as follows: SECTION 714 ENGINEERED COMPUTERIZED DRAINAGE DESIGN 714.1 Design of Drainage System. The sizing, design and layout of the drainage system shall be permitted to be designed by approved computer design methods. Z. Section 802.4; add a sentence to read as follows: No standpipe shall be installed below the ground. AA. Section 904.1; changed to read as follows: Chapter 3 – Buildings and Construction 904.1 Roof Extension. All open vent pipes that extend through a roof shall be terminated at least six (6) inches (152 mm) above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet (2,134 mm) above the roof. BB. Section 912.1; change to read as follows: 912.1 Type of Fixture. A combination drain and vent system shall not serve fixtures other than floor drains, sinks, lavatories, and drinking fountains standpipes, and indirect waste receptors. Combination drain and vent systems shall not receive the discharge from a food waste grinder or clinical sink. Section 912.2; change to read as follows: 912.2 Installation. The only vertical pipe of a combination drain and vent system shall be the connection between the fixture drain of a sink, lavatory or drinking fountain standpipe, and the horizontal combination drain and vent pipe. The maximum vertical distance shall be 8 feet (2438 mm). CC. Section 1002.10; delete. DD. Section 1101.8; change to read as follows: 1101.8 Cleanouts Required. Cleanouts shall be installed in the building storm drainage system...{remainder of section unchanged}… EE. Section 1106.1; change to read as follows: 1106.1 General. The size of the vertical conductors and leaders, building storm drains, building storm sewers, and any horizontal branches of such drains or sewers shall be based on six (6) inches per hour the 100-year hourly rainfall rate indicated in Figure 1106.1 or on other rainfall rates determined from approved local weather data. FF. Section 1107.3; change to read as follows: 1107.3 Sizing of Secondary Drains. Secondary (emergency) roof drain systems shall be sized in accordance with Section 1106 based on the rainfall rate for which the primary system is sized in Tables 1106.2, 1106.3 and 1106.6. Scuppers shall be sized to prevent the depth of ponding water . . . {remainder of section unchanged} . . . GG. Section 1202.1; delete Exception 2. (Ord. No. 2004-26 § IV, 8-30-04) Chapter 3 – Buildings and Construction Section 7.03 Penalty It shall be unlawful for any person to violate any provision of this Article, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. (Ord. No. 2004-26, § VII, 8-30-04) Chapter 3 – Buildings and Construction Article VIII International Energy Conservation Code Section 8.01 Adoption That the Town Council of the Town of Trophy Club, Texas, does hereby adopt the International Energy Conservation Code, 2003 Edition, published by the International Code Council, Inc., including all specific local amendments referenced herein, are hereby adopted as the Energy Conservation Code for the Town of Trophy Club. (Ord. No. 2002-32, § II, 8-19-02 Repealed by Ord. No. 2004-27 § III, 8-30-04) Chapter 3 – Buildings and Construction Section 8.02 Amendments to the 2003 International Energy Conservation Code The following sections, paragraphs and sentences of the 2003 International Energy Conservation Code are hereby amended as follows: Standards type is text from the IECC. Underlined type of text inserted. Lined through type is deleted text from the IECC. A. Section 101.1; insert Town name as follows: 101.1 Title. These regulations shall be known as the Energy Conservation Code of The Town of Trophy Club, Texas, and shall be cited as such as will be referred to herein as “this code”. Add the following section: 101.4.1.3 Alternative Compliance. A building certified by a national, state, or local accredited energy efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energy efficiency requirements of this section may, at the option of the Code Official, be considered in compliance. The United States Environmental Protection Agency's Energy Star Program certification of energy code equivalency shall be considered in compliance. B. Section 302.1; Replace blank Table 302.1 Exterior Design Conditions with the following: CONDITION VALUE Winter a, design dry-bulb (oF) (99.6%) 17 Summer a, design dry-bulb (oF) (0.4%) 100 Summer a, design wet-bulb (oF) (0.4%) 78 Degree days heating b 2407 Degree days cooling b 2603 Climate zone c 5B **Delete note "a" and replace with the following: a. These values are from ASHRAE Handbook of Fundamentals for Dallas/Ft. Worth International Airport 99.6% Winter DB, 0.4% Summer DB, and 0.4% Summer WB; and from Local Climatological Data for Dallas-Ft. Worth published by the National Climatic Data Center, National Oceanic and Atmospheric Administration. These values are for the purpose of providing a uniform basis of requirements for North Central Texas. This will not preclude licensed professionals from submitting design analyses based on site measurements or published data more specific to the building site. Adjustments shall be permitted to reflect local climates which differ from the tabulated values, or local weather experience determined by the code official. C. Section 502.1.1; delete exception #2 and substitute the following: 2. Buildings located in Climate Zones 5b. Section 502.1.5; add the following exceptions: Chapter 3 – Buildings and Construction Exceptions: 1. Any glazing facing within 45 degrees of true north; 2. Any glazing facing within 45 degrees of true south which is shaded along its full width by a permanent overhang with a projection factor of 0.3 or greater. 3. Any fenestration with permanently attached screens where the screens have a rated shading coefficient of .6 or less. Section 502.2; Replace blank Table 502.2 Heating & Cooling Criteria with the following: Table 502.2a,g HEATING AND COOLING CRITERIA Element Mode Type A-1 Residential Buildings Detached One-Family Dwellings Uo Type A-2 Residential Buildings Detached Two-Family Dwellings Uo Walls Heating or cooling 0.15 0.22 Roof/ceiling Heating or cooling 0.03 0.03 Floors over unheated spaces Heating or cooling 0.05 0.05 Heated slab on grade Heating R-value = 6 R-value = 6 Unheated slab on grade Heating R-value = 0 R-value = 0 Basement wall Heating or cooling U-factor = 0.15 U-factor = 0.15 Crawl space wall Heating or cooling U-factor = 0.15 U-factor = 0.15 Delete Note "a" and replace with the following: a. The above values have been determined for all counties in the North Central Texas Council of Governments region. Add Note "g": g. These requirements apply only to the boundaries of conditioned space. Air conditioning equipment and ductwork is recommended, but not required, to be located within the conditioned space in North Central Texas zones. Delete Figures 502.2(1-6) Section 502.2; Add note to Fig 502.2(7): Chapter 3 – Buildings and Construction All counties within the North Central Texas Council of Governments region are designated as within the area of very heavy termite infestation probability for purpose of uniform interpretation of this requirement. Section 502.2.2; add a second paragraph as follows: A building demonstrating envelope compliance at least 2% better than code may utilize R6 duct insulation in both supply and return air ducts in lieu of the insulation required by Table 503.3.3.3. Section 502.2.4; Delete prescriptive Tables 502.2.4(1-9) and substitute the following: Replace Tables 502.2.4 (1-6) with: Table 502.2.4(1) Prescriptive Building Envelope Requirements, Detached One-Family Dwellings, Based on Window Area as a Percent of Gross Exterior Wall Area % Glazing Maximum Minimum Glazing U-factor Ceiling R-value Exterior wall R-value Floor R-value Basement wall R-value Slab perimeter R-value and depth Crawl space wall R-value <8% 0.70 R-26 R-11 R-11 R-5 R-0 R-6 <12% 0.65 R-26 R-13 R-11 R-5 R-0 R-5 <15% 0.60 R-30 R-13 R-19 R-6 R-0 R-7 <18% 0.52 R-30 R-13 R-19 R-6 R-0 R-7 <20% 0.50 R-38 R-13 R-19 R-6 R-0 R-7 <25% 0.46 R-38 R-16 R-19 R-6 R-0 R-7 Replace Tables 502.2.4 (7-9) with: Table 502.2.4(2) Prescriptive Building Envelope Requirements, Detached Two-Family Dwellings, Based on Window Area as a Percent of Gross Exterior Wall Area % Glazing Maximum Minimum Glazing U-factor Ceiling R- value Exterior wall R-value Floor R-value Basement wall R-value Slab perimeter R-value and depth Crawl space wall R-value <20% 0.55 R-30 R-13 R-11 R-5 R-0 R-5 <25% 0.55 R-30 R-13 R-11 R-5 R-0 R-5 Chapter 3 – Buildings and Construction <30% 0.47 R-38 R-13 R-19 R-7 R-0 R-8 D. Table 503.3.3.1 MINIMUM PIPE INSULATION. Amend footnote “a” to read as follows: a. For piping lengths in excess of five (5) feet exposed to outdoor air, increase the insulation thickness by 0.5 inch. Table 503.3.3.3; add footnote “e” as follows: e. See Section 502.2.2 Section 503.3.3.4.3; change first sentence to read as follows: 503.3.3.4.3 Sealing Required. All joints, longitudinal and transverse seams, and connections in ductwork, shall be made substantially airtight by means of welds, gaskets, mastics (adhesives), mastic-plus-embedded-fabric systems or tapes or other approved closure systems. {Remainder to remain unchanged} F. Section 602.1.6; delete last sentence of exception. Section 602.2 Maximum solar heat gain coefficient for fenestration products. Add the following exceptions: Exceptions: 1. Any glazing facing within 45 degrees of true north; 2. Any glazing facing within 45 degrees of true south which is shaded along its full width by a permanent overhang with a projection factor of 0.3 or greater. 3. Any fenestration with attached screens where the screens have a rated shading coefficient of .6 or less. G. Section 802.2; Replace blank tables 802.2 (1-4) with the completed tables provided on the following four pages. Delete tables 802.2 (5-37). TABLE 802.2(1) BUILDING ENVELOPE REQUIREMENTS WINDOW AND GLAZED DOOR AREA 10 PERCENT OR LESS OF ABOVE-GRADE WALL AREA ELEMENT CONDITION/VALUE Skylights (U-factor) 1 Slab or below-grade wall (R-value) R-0 Windows and glass doors SHGC U-factor PF < 0.25 Any Any 0.25 < PF < 0.50 Any Any Roof assemblies (R-value) Insulation between framing Continuous insulation All-wood joist/truss R-19 R-16 Metal joist/truss R-25 R-17 Concrete slab or deck NA R-16 Chapter 3 – Buildings and Construction Metal purlin with thermal block R-25 R-17 Metal purlin without thermal block X R-17 Floors over outdoor air or unconditioned space (R-value) Insulation between framing Continuous insulation All-wood joist/truss R-11 R-6 Metal joist/truss R-11 R-6 Concrete slab or deck NA R-6 Above-grade walls (R-value) No framing Metal framing Wood framing Framed R-value cavity NA R-11 R-11 R-value continuous NA R-0 R-0 CMU, > 8 in., with integral insulation R-value cavity NA R-0 R-0 R-value continuous R-0 R-0 R-0 Other masonry walls R-value cavity NA R-0 R-0 R-value continuous R-0 R-0 R-0 TABLE 802.2(2) BUILDING ENVELOPE REQUIREMENTS WINDOW AND GLAZED DOOR AREA OVER 10 PERCENT BUT NOT GREATER THAN 25 PERCENT OF ABOVE-GRADE WALL AREA ELEMENT CONDITION/VALUE Skylights (U-factor) 1 Slab or below-grade wall (R-value) R-0 Windows and glass doors SHGC U-factor PF < 0.25 0.6 Any 0.25 < PF < 0.50 0.7 Any PF > 0.50 Any Any Roof assemblies (R-value) Insulation between framing Continuous insulation All-wood joist/truss R-25 R-19 Metal joist/truss R-25 R-20 Concrete slab or deck NA R-19 Metal purlin with thermal block R-30 R-20 Metal purlin without thermal block X R-20 Floors over outdoor air or unconditioned space (R-value) Insulation between framing Continuos insulation All-wood joist/truss R-11 R-6 Metal joist/truss R-11 R-6 Concrete slab or deck NA R-6 NA Above-grade walls (R-value) No framing Metal framing No framing Framed R-value cavity NA R-11 NA R-value continuous NA R-0 NA CMU, > 8 in., with integral insulation R-value cavity NA R-11 NA R-value continuous R-5 R-0 R-5 Other masonry walls R-value cavity NA R-11 NA Chapter 3 – Buildings and Construction TABLE 802.2(3) BUILDING ENVELOPE REQUIREMENTS WINDOW AND GLAZED DOOR AREA OVER 25 PERCENT BUT NOT GREATER THAN 40 PERCENT OF ABOVE-GRADE WALL AREA ELEMENT CONDITION/VALUE Skylights (U-factor) 1 Slab or below-grade wall (R-value) R-0 Windows and glass doors SHGC U-factor PF < 0.25 0.4 0.7 0.25 < PF < 0.50 0.5 0.7 PF > 0.50 0.6 0.7 Roof assemblies (R-value) Insulation between framing Continuos insulation All-wood joist/truss R-25 R-19 Metal joist/truss R-25 R-20 Concrete slab or deck NA R-19 Metal purlin with thermal block R-30 R-20 Metal purlin without thermal block X R-20 Floors over outdoor air or unconditioned space (R-value) Insulation between framing Continuos insulation All-wood joist/truss R-11 R-6 Metal joist/truss R-11 R-6 Concrete slab or deck NA R-6 NA Above-grade walls (R-value) No framing Metal framing No framing Framed R-value cavity NA R-11 NA R-value continuous NA R-0 NA CMU, > 8 in., with integral insulation R-value cavity NA R-11 NA R-value continuous R-5 R-0 R-5 Other masonry walls R-value cavity NA R-11 NA TABLE 802.2(4) BUILDING ENVELOPE REQUIREMENTS WINDOW AND GLAZED DOOR AREA OVER 40 PERCENT BUT NOT GREATER THAN 50 PERCENT OF ABOVE-GRADE WALL AREA ELEMENT CONDITION/VALUE Skylights (U-factor) 1 Slab or below-grade wall (R-value) R-0 Windows and glass doors SHGC U-factor PF < 0.25 0.4 0.7 0.25 < PF < 0.50 0.5 0.7 PF > 0.50 0.6 0.7 Roof assemblies (R-value) Insulation between framing Continuos insulation Chapter 3 – Buildings and Construction All-wood joist/truss R-25 R-19 Metal joist/truss R-25 R-20 Concrete slab or deck NA R-19 Metal purlin with thermal block R-30 R-20 Metal purlin without thermal block R-38 R-20 Floors over outdoor air or unconditioned space (R-value) Insulation between framing Continuos insulation All-wood joist/truss R-11 R-6 Metal joist/truss R-11 R-6 Concrete slab or deck NA R-6 NA Above-grade walls (R-value) No framing Metal framing No framing Framed R-value cavity NA R-13 NA R-value continuous NA R-3 NA CMU, > 8 in., with integral insulation R-value cavity NA, NA R-11 NA, NA R-value continuous R-5 R-0 R-5 Other masonry walls R-value cavity NA R-11 NA Add footnote “f” to SHGC column heading in Tables 802.2 (2), 802.2 (3) and 802.2 (4) to read as follows: f. Minimum SHGC requirements do not apply to glazing as follows: 1. Any glazing facing within 45 degrees of true north. 2. Any glazing facing within 45 degrees of true south which is shaded along its full width by a permanent overhang with a projection factor of 0.30 or greater. 3. Any glazing with permanent attached screens where the screens have a rated shading coefficient of 0.60 or less. H. Section 805.2.1 Interior Lighting Controls; add a third sentence to read: Large spaces shall have a separate switch or control for each 2500 square feet of floor area. I. Delete Figures 902.1 (1-43, 45-51). J. Chapter 10; Replace referenced standard as follows: ASHRAE 90.1--2001 Energy Standard for Buildings Except Low-Rise Residential Buildings ASHRAE/IES -- 99 Energy Efficient Design of New Buildings Except Low-Rise Residential Buildings -- 1999 Edition Chapter 10 – Referenced Standards: Under the heading ASHRAE and IESNA, change the Standard Reference Number from 90.1-2001 to 90.1-1999. (Ord. No. 2002-32, § II, 8-19-02 Repealed by Ord. No. 2004-27 § IV, 8-30-04) Chapter 3 – Buildings and Construction Section 8.03 Penalty It shall be unlawful for any person to violate any provision of this Article, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. (Ord. No. 2002-32, § VII, 8-19-02 Repealed by Ord. No. 2004-27 § VIII, 8-30-04) Chapter 3 – Buildings and Construction Article IX International Fire Code Section 9.01 Adoption That the Town Council of the Town of Trophy Club, Texas, does hereby adopt the International Fire Code, 2003 Edition, with the amendments reflected in this Article. (Ord. No. 2004-28 § III, 8-30-04) Chapter 3 – Buildings and Construction Section 9.02 Amendments to the 2003 International Fire Code The following sections, paragraphs and sentences of the 2003 International Fire Code are hereby amended as follows: Standards type is text from the IFC. Underlined type of text inserted. Lined through type is deleted text from the IFC. A. Section 101.1; insert Town name as follows: R101.1 Title. These regulations shall be known as the Fire Code of The Town of Trophy Club, hereinafter referred to as “this code”. B. Section 102.4; change to read as follows: 102.4 Application of building Other Codes. The design and construction of new structures shall comply with this code, and other codes as applicable the International Building Code. Repairs, alterations and additions to existing structures shall comply with this code and the International Existing Building Code. Section 102.6; change to read as follows: 102.6 Referenced Codes and Standards. The codes and standards referenced in this code shall be those that are listed in Chapter 45 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. C. Section 202; amend definition of Fire Watch as follows: FIRE WATCH. A temporary measure intended to ensure continuous and systematic surveillance of a building or portion thereof by one or more qualified individuals or standby personnel when required by the fire code official, for the purposes of identifying and controlling fire hazards, detecting early signs of unwanted fire, raising an alarm of fire and notifying the fire department. Section 202; add a new definitions to read as follows: HIGH-RISE BUILDING. A building having any floors used for human occupancy located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access. SELF-SERVICE STORAGE FACILITY. Real property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis. STANDBY PERSONNEL. Qualified fire service personnel, approved by the Fire Chief. When utilized, the number required shall be as directed by the Fire Chief. Charges for utilization shall be as normally calculated by the jurisdiction. D. Section 307.2; change to read as follows: Chapter 3 – Buildings and Construction 307.2 Permit Required. A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or open burning a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled. Examples of state or local law, or regulations referenced elsewhere in this section may include but not be limited to the following: 1. Texas Commission on Environmental Quality guidelines and/or restrictions. 2. State, County or Local temporary or permanent bans on open burning. 3. Local written policies as established by the Code Official. Section 307.3; change to read as follows: 307.3 Location. The location for open burning shall not be less than 50 300 feet (15 240 91 440 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 50 300 feet (15 240 91 440 mm) of any structure. (Exceptions unchanged) Add Section 307.3.3 to read as follows: 307.3.3 Trench Burns. Trench burns shall be conducted in air curtain trenches and in accordance with Section 307.2. Section 307.4; change to read as follows: 307.4 Attendance. Open burning, trench burns, bonfires or recreational fires shall be constantly attended until the . . . {remainder of section unchanged}. E. Section 308.3.1; change to read as follows: 308.3.1 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated or located on combustible balconies or within 10 feet (3048 mm) of combustible construction. Exceptions: 1. One- and two-family dwellings. 2. Where buildings, balconies and decks are protected by an approved automatic sprinkler system. Section 308.3.1.1; change to read as follows: 308.3.1.1 Liquefied-Petroleum-Gas-Fueled Cooking Devices. When permitted as listed in the exceptions of Section 308.3.1, LP-gas burners having an LP-gas container with a water capacity greater than 2.5 pounds [nominal 1 pound (0.454 kg) LP-gas capacity] shall not be located on combustible balconies or within 10 feet (3048 mm) of combustible construction. Chapter 3 – Buildings and Construction Exception: One- and two-family dwellings, and other residential occupancies when those residential occupancies in compliance with Section 308.3.1, exception #2, may have containers with a water capacity are not greater than 20 pounds (9.08 kg) [nominal 1 pound (0.454 kg) LP-gas capacity]. F. Section 405.1; change to read as follows: 405.1 General. Emergency evacuation drills complying with the provisions of this section shall be conducted in the occupancies listed in Section 404.2 Table 405.2 or when required by the fire code official. Drills shall be designed in cooperation with the local authorities. G. Section 408.5.4; change to read as follows: 408.5.4 Drill Frequency. Emergency evacuation drills shall be conducted at least six twelve times per year, two four times per year on each shift. H. Section 503.1.1; add the following sentence to the first paragraph: Except for single- or two-family residences, the path of measurement shall be along a minimum of a ten feet (10’) wide unobstructed pathway around the external walls of the structure. Section 503.2.1; change to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 24 feet (6096 mm 7315mm), except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm.) 14 feet (4267 mm). Exception: Vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance when approved. Section 503.2.2; change to read as follows: 503.2.2 Authority. The fire code official shall have the authority to require an increase in the minimum access widths and vertical clearances where they are inadequate for fire or rescue operations. Section 503.3; change to read as follows: 503.3 Marking. Where required by the fire code official, approved Approved striping or, when allowed by the code official, signs, or both, or other approved notices shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Signs or notices and striping shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. 1. Striping – Fire apparatus access roads shall be marked by painted lines of red traffic paint six inches (6”) in width to show the boundaries of the lane. The words “NO PARKING FIRE LANE” or "FIRE LANE NO PARKING” shall appear in four inch (4”) white letters at 25 feet intervals on the red border markings along both sides of the fire lanes. Where a curb is available, the stripping shall be on the vertical face of the curb. Chapter 3 – Buildings and Construction 2. Signs – Signs shall read “NO PARKING FIRE LANE” or "FIRE LANE NO PARKING” and shall be 12” wide and 18” high. Signs shall be painted on a white background with letters and borders in red, using not less than 2” lettering. Signs shall be permanently affixed to a stationary post and the bottom of the sign shall be six feet, six inches (6’6”) above finished grade. Signs shall be spaced not more than fifty feet (50’) apart. Signs may be installed on permanent buildings or walls or as approved by the Fire Chief. Section 503.4; change to read as follows: 503.4 Obstruction of Fire Apparatus Access Roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 and any area marked as a fire lane as described in Section 503.3 shall be maintained at all times. I. Section 704.1; change to read as follows: 704.1 Enclosure. Interior vertical shafts, including but not limited to stairways, elevator hoistways, service and utility shafts, that connect two or more stories of a building shall be enclosed or protected in accordance with the codes in effect at the time of construction but, regardless of when constructed, not less than as specified in Table 704.1. When openings are required to be . . . {remainder of section unchanged}. J. Section 803.3.2 and Section 803.4.2; add an exception to read as follows: Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 shall be limited to 50 percent of the wall area. K. Section 804.1.1; add a second exception to read as follows: Exceptions: 1. {existing exception unchanged} 2. Trees shall not be prohibited inside private dwelling units of Group R-2 Occupancies. L. Section 901.7; change to read as follows: 901.7 Systems Out of Service. Where a required fire protection system is out of service or in the event of an excessive number of activations, the fire department and the code official shall be notified immediately and, where required by the code official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service. M. Section 902.1; under "Standpipe, Types of" definition, amend "Manual dry" by adding a sentence to read as follows: The system must be supervised as specified in Section 905.2. N. Section 903.2; delete the exception. Add Section 903.2.8.3 to read as follows: Chapter 3 – Buildings and Construction 903.2.8.3 Self-Service Storage Facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities. Exception: One-story self-service storage facilities that have no interior corridors, with a one-hour fire barrier separation wall installed between every storage compartment. Section 903.2.10; amend 903.2.10.3 and add 903.2.10.4, 903.2.10.5, and 903.2.10.6 as follows: 903.2.10.3 Buildings More Than 55 35 Feet in Height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with Section 1509 of the International Building Code, having an occupant load of 30 or more that is located 55 35 feet (16 764 10 668mm) or more above the lowest level of fire department vehicle access. Exceptions: 1. Airport control towers. 2. Open parking structures in compliance with Section 406.3 of the International Building Code. 3. Occupancies in Group F-2. 903.2.10.4 High-Piled Combustible Storage. For any building with a clear height exceeding 12 feet (4572 mm), see Chapter 23 to determine if those provisions apply. 903.2.10.5 Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire-extinguishing system. 903.2.10.6 Buildings Over 6,000 Sq.Ft. An automatic sprinkler system shall be installed throughout all buildings with a building area over 6,000 sq.ft. For the purpose of this provision, fire walls shall not define separate buildings. Exceptions: 1. Open parking garages in compliance with Section 406.3 of the International Building Code. 2. Type A-5. Section 903.3.1.1.1; change to read as follows: 903.3.1.1.1 Exempt Locations. When approved by the code official, automatic Automatic sprinklers shall not be required in the following rooms or areas where such . . . {bulk of section unchanged} . . . because it is damp, of fire-resistance-rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the code official. 3. Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire- resistance rating of not less than 2 hours. Chapter 3 – Buildings and Construction 4. In rooms or areas that are of noncombustible construction with wholly noncombustible contents. Section 903.3.5; add a second paragraph to read as follows: Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every fire protection system shall be designed with a 10 psi safety factor. Section 903.4; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. Add Section 903.6.2 to read as follows: 903.6.2 Spray Booths and Rooms. New and existing spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing system in accordance with Section 1504. O. Section 905.2; change to read as follows: 905.2 Installation Standards. Standpipe systems shall be installed in accordance with this section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low alarm. Section 905.3.2; delete exceptions #1 and #2. Section 905.4, item #5; change to read as follows: 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-percent slope), each standpipe shall be provided with a two-way hose connection located either . . . {remainder of paragraph unchanged} . . . Section 905.9; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. P. Add Section 907.1.3 to read as follows: 907.1.3 Design Standards. All alarm systems new or replacement serving 50 or more alarm actuating devices shall be addressable fire detection systems. Alarm systems serving more than 75 smoke detectors or more than 200 total alarm activating devices shall be analog intelligent addressable fire detection systems. Chapter 3 – Buildings and Construction Exception: Existing systems need not comply unless the total building remodel or expansion initiated after the effective date of this code, as adopted, exceeds 30% of the building. When cumulative building remodel or expansion exceeds 50% of the building must comply within 18 months of permit application. Section 907.2.3; change to read as follows: 907.2.3 Group E. A manual fire alarm system shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. Unless separated by a minimum of 100' open space, all buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems. Section 907.2.3; change exception #1 and add exception #1.1 to read as follows: 1. Group E educational and day care occupancies with an occupant load of less than 50 when provided with an approved automatic sprinkler system. 1.1 Residential In-Home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms. (For care of more than five children 2 1/2 or less years of age, see Section 907.2.6.) Section 907.2.12; change to read as follows: 907.2.12 High-Rise Buildings. Buildings having any floors used for human occupancy located more than 75 55 feet (22 860 16 764 mm) above the lowest level of fire department vehicle access shall be provided with an automatic fire alarm system and an emergency voice/alarm communications system in accordance with Section 907.2.12.2. Section 907.2.12, exception #3; change to read as follows: 3. Buildings with an occupancy in Group A-5 in accordance with Section 303.1 of the International Building Code, when used for open air seating; however, this exception does not apply to accessory uses including but not limited to sky boxes, restaurants and similarly enclosed areas. Section 907.4; add a second paragraph to read as follows: Manual alarm actuating devices shall be an approved double action type. Add Section 907.6.1 to read as follows: 907.6.1 Installation. All fire alarm systems shall be installed in such a manner that the failure of any single alarm-actuating or alarm-indicating device will not interfere with the normal operation of any other such devices. All systems shall be Class “A” wired with a minimum of six feet separation between supply and return loops. IDC – Class “A” style – D – SLC Class “A” Style 6 – notification Class “B” Style Y. Section 907.9.2; change to read as follows: 907.9.2 High-Rise Buildings. In buildings that have any floor located more than 75 55 feet (22 860 16 764 mm) above the . . . {remainder of section unchanged}. Q. Section 1008.1.3.4; add criteria #7 as follows: Chapter 3 – Buildings and Construction 7. If a full building smoke detection system is not provided, approved smoke detectors shall be provided on both the access and egress sides of doors and in a location approved by the authority having jurisdiction of NFPA 72. Actuation of a smoke detector shall automatically unlock the door. R. Section 1016.1; add an exception #5 to read as follows: 5. In Group B office buildings, corridor walls and ceilings need not be of fire-resistive construction within office spaces of a single tenant when the space is equipped with an approved automatic smoke-detection system within the corridor. The actuation of any detector shall activate alarms audible in all areas served by the corridor. The smoke- detection system shall be connected to the building’s fire alarm system where such a system is provided. S. Section 1019.1.8; change to read as follows: 1019.1.8 Smokeproof Enclosures. In buildings required to comply with Section 403 or 405, each of the exits of a building that serves stories where the any floor surface is located more than 75 55 feet (22 860 16 764 mm) above the lowest level of fire . . . {remainder of section unchanged}. T. Section 1504.6; change to read as follows: 1504.6 Fire Protection. New and existing spray Spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing system … [remainder of section unchanged} … U. Section 2302; add a second paragraph to the definition of “High-Piled Combustible Storage” to read as follows: Any building exceeding 6,000 sq.ft. that has a clear height in excess of 12 feet, making it possible to be used for storage in excess of 12 feet, shall be considered to be high-piled storage and shall comply with the provisions of this section. When a specific product cannot be identified, a fire protection system shall be installed as for Class IV commodities, to the maximum pile height. V. Section 3301.1.3; change to read as follows: 3301.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited. Exceptions: 1. Only when approved for fireworks displays, storage and handling of fireworks as provided permitted in Section 3304 and 3308. 2. Manufacture, assembly and testing of fireworks as permitted in Section 3304. 3. The use of fireworks for approved display as permitted in Section 3308. 4. The possession…consumer fireworks. Chapter 3 – Buildings and Construction W. Section 3302; change the definition of “fireworks” to read as follows: FIREWORKS. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration, and detonation, and/or activated by ignition with a match or other heat producing device that meets the definition of 1.4G fireworks or 1.3G fireworks as set forth herein. X. Section 3403.6; add a sentence to read as follows: An approved method of secondary containment shall be provided for underground tank and piping systems. Y. Section 3404.2.11.5; add a sentence to read as follows: An approved method of secondary containment shall be provided for underground tank and piping systems. Section 3404.2.11.5.2; change to read as follows: 3404.2.11.5.2 Leak Detection. Underground storage tank systems … [bulk of provision unchanged} … and installed in accordance with NFPA 30 and as specified in Section 3404.2.11.5.3. Add Section 3404.2.11.5.3 to read as follows: 3404.2.11.5.3 Dry Sumps. Approved sampling tubes of a minimum 6 inches in diameter shall be installed in the backfill material of each underground flammable or combustible liquid storage tank. The tubes shall extend from a point 12 inches below the average grade of the excavation to ground level and shall be provided with suitable surface access caps. Each tank site shall provide a sampling sump at the corners of the excavation with a minimum of 4 sumps. Sampling tubes shall be placed in the product line excavation within 10 feet of the tank excavation and one every 50 feet routed along product lines towards the dispensers, a minimum of two are required. Z. Delete Section 3406.5.4.5 and replace with the following: 3406.5.4.5 Commercial, Industrial, Governmental or Manufacturing. Dispensing of Class II and III motor vehicle fuel from tank vehicles into the fuel tanks of motor vehicles located at commercial, industrial, governmental or manufacturing establishments is allowed where permitted, provided such dispensing operations are conducted in accordance with Sections 3406.5.4.5.1 through 3406.5.4.5.3. 3406.5.4.5.1 Site requirements. 1. Dispensing may occur at sites that have been permitted to conduct mobile fueling. 2. A detailed site plan shall be submitted with each application for a permit. The site plan must indicate: a. All buildings, structures, and appurtenances on site and their use or function; b. All uses adjacent to the property lines of the site; c. The locations of all storm drain openings, adjacent waterways or wetlands; Chapter 3 – Buildings and Construction d. Information regarding slope, natural drainage, curbing, impounding and how a spill will be retained upon the site property; and, e. The scale of the site plan. 3. The Code Official is authorized to impose limits upon: the times and/or days during which mobile fueling operations are allowed to take place and specific locations on a site where fueling is permitted. 4. Mobile fueling operations shall be conducted in areas not generally accessible to the public. 5. Mobile fueling shall not take place within 15 feet (4.572 m) of buildings, property lines, or combustible storage. 3406.5.4.5.2 Refueling Operator Requirements. 1. The owner of a mobile fueling operations shall provide to the jurisdiction a written response plan which demonstrates readiness to respond to a fuel spill, carry out appropriate mitigation measures, and to indicate its process to properly dispose of contaminated materials when circumstances require. 2. The tank vehicle shall comply with the requirements of NFPA 385 and Local, State and Federal requirements. The tank vehicle's specific functions shall include that of supplying fuel to motor vehicle fuel tanks. The vehicle and all its equipment shall be maintained in good repair. 3. Signs prohibiting smoking or open flames within 25 feet (7.62 m) of the tank vehicle or the point of fueling shall be prominently posted on 3 sides of the vehicle including the back and both sides. 4. A fire extinguisher with a minimum rating of 40:BC shall be provided on the vehicle with signage clearly indicating its location. 5. The dispensing nozzles and hoses shall be of an approved and listed type. 6. The dispensing hose shall not be extended from the reel more than 100 feet (30.48m) in length. 7. Absorbent materials, non-water absorbent pads, a 10 foot (3.048 m) long containment boom, an approved container with lid, and a non-metallic shovel shall be provided to mitigate a minimum 5-gallon fuel spill. 8. Tanker vehicles shall be equipped with a fuel limit switch such as a count-back switch, limiting the amount of a single fueling operation to a maximum of 500 gallons (1893 L) between resettings of the limit switch. Exception: Tankers utilizing remote emergency shut-off device capability where the operator constantly carries the shut-off device which, when activated, immediately causes flow of fuel from the tanker to cease. 9. Persons responsible for dispensing operations shall be trained in the appropriate mitigating actions in the event of a fire, leak, or spill. Training records shall be maintained by the dispensing company and shall be made available to the Code Official upon request. Chapter 3 – Buildings and Construction 10. Operators of tank vehicles used for mobile fueling operations shall have in their possession at all times an emergency communications device to notify the proper authorities in the event of an emergency. 3406.5.4.5.3 Operational Requirements. 1. The tank vehicle dispensing equipment shall be constantly attended and operated only by designated personnel who are trained to handle and dispense motor fuels. 2. Prior to beginning dispensing operations, precautions shall be taken to assure ignition sources are not present. 3. The engines of vehicles being fueled shall be shut off during dispensing operations. 4. Night time fueling operations shall only take place in adequately lighted areas. 5. The tank vehicle shall be positioned with respect to vehicles being fueled so as to preclude traffic from driving over the delivery hose and between the tank vehicle and the motor vehicle being fueled. 6. During fueling operations, tank vehicle brakes shall be set, chock blocks shall be in place and warning lights shall be in operation. 7. Motor vehicle fuel tanks shall not be topped off. 8. The dispensing hose shall be properly placed on an approved reel or in an approved compartment prior to moving the tank vehicle. 9. The Code Official and other appropriate authorities shall be notified when a reportable spill or unauthorized discharge occurs. AA. Add Section 3803.2.1.8 to read as follows: 3803.2.1.8 Jewelry Repair, Dental Labs and Similar Occupancies. Where natural gas service is not available, portable LP-Gas containers are allowed to be used to supply approved torch assemblies or similar appliances. Such containers shall not exceed 20-pound (9.0 kg) water capacity. Aggregate capacity shall not exceed 60-pound (27.2 kg) water capacity. Each device shall be separated from other containers by a distance of not less than 20 feet. BB. Section 3804.2; add an exception #2 to read as follows: Exceptions: 1. {existing exception unchanged} 2. Except as permitted in 308.3 and 3804.3.2, LP-gas containers are not permitted in residential areas. Add Section 3804.3.2 to read as follows: 3804.3.2 Spas, Pool Heaters and Other Listed Devices. Where natural gas service is not available, LP-Gas containers are allowed to be used to supply spa and pool heaters or other listed devices. Such containers shall not exceed 250-gallon water capacity. See Table 3804.3 for location of containers. Chapter 3 – Buildings and Construction (Ord. No. 2004-28 § IV, 8-30-04) Chapter 3 – Buildings and Construction Section 9.03 Penalty It shall be unlawful for any person to violate any provision of this Article, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. (Ord. No. 2004-28 § VII, 8-30-04) Chapter 3 – Buildings and Construction Article X RESERVED Chapter 3 – Buildings and Construction Article XI Roofing Requirements Section 11.01 Definitions The terms "wood shingles" and "wood shakes" shall have the same meaning as those terms are given in the Uniform Building Code, 1991 Edition, as adopted by Ordinance No. 92-04A of the Town. (Ord. No. 95-22, § II 11-21-95 Repealed by Ord. No. 2001-18, § II, 8-20-01) Chapter 3 – Buildings and Construction Section 11.02 Architectural or Laminated Shingles Required From and after the effective date of this Article, all shingles that are: A. Installed as a roof covering on any building or structure for which a building permit is issued by the Town on or after the effective date of this Article; or B. Used to replace twenty-five percent (25%) or more of the roof covering on any building or structure for which a building permit was issued or which was constructed or erected prior to the effective date of this Article; shall be architectural or laminated shingles. (Ord. No. 2001-18, § III, 8-20-01) Chapter 3 – Buildings and Construction Section 11.03 Wood Shingles and Wood Shakes Prohibited A. Wood shingles or wood shakes shall not be used as follows: 1. As a roof covering on any building or structure for which a building permit is issued by the Town on or after the effective date of this Article; or 2. To replace more than twenty-five percent (25%) of the roof covering on any building or structure for which a building permit was issued or which was constructed or erected prior to the effective date of this Article, which building or structure has a wood shingle roof at the time of replacement. B. Wood shingles or wood shakes may be used to replace wood shingles or wood shakes on any roof or structure, provided that: 1. All such replacements shall be deemed cumulative over a consecutive three (3) year period such that no more than twenty-five percent (25%) of a roof on any building or structure may be replaced with wood shingles or wood shakes during any such three (3) year period, and 2. The wood shingles used as a replacement shall have equal or greater characteristics of a thirty (30) year fire retardant warranty and must be approved by the Town's Planning and Zoning Commission. (Ord. No. 95-22, § IV 11-21-95 Repealed by Ord. No. 2001-18, § IV, 8-20-01) Chapter 3 – Buildings and Construction Section 11.04 Roof Repair Permit Required No person shall replace or cause to be replaced more than twenty-five percent (25%) of the roof covering on any building or structure located, placed, constructed or erected within the Town without first securing from the Town a roof repair permit authorizing such replacement. The costs for such roof repair permit shall be as set forth in the Town's Schedule of Fees. (Ord. No. 95-22, § V 11-21-95 Repealed by Ord. No. 2001-18, § V, 8-20-01) Code of Ordinance Cross References: (Roof Repair Permit Fee), Chapter 1, § 8.03 Chapter 3 – Buildings and Construction Section 11.05 Compliance With the Uniform Building Code The terms of the Uniform Building Code, as adopted by the Town, shall apply to the repair or replacement of roofs; provided, however, that where there is a conflict between this Article and the Uniform Building Code, the terms of this Article shall apply. (Ord. No. 95-22, § VI 11-21-95 Repealed by Ord. No. 2001-18, § VI, 8-20-01) Chapter 3 – Buildings and Construction Section 11.06 Appeal Process Any decision made by the Director of Public Works or his/her designee pursuant to this Article may be appealed to the Town Council within five (5) working days of receipt of written notice of such decision by filing such appeal with the Town Secretary. An appeal filed pursuant to this Article shall specifically state the basis for the aggrieved party's challenge to the decision under this Article. Decisions of the Town Council shall be final. All appeals as to the requirements of this Article or any decision made by the Public Works (Ord. No. 2001-18, § VII, 8-20-01) Chapter 3 – Buildings and Construction Section 11.07 Penalty It shall be unlawful for any person to violate any provision of this Article, and any person violating or failing to comply with any provision of this Article shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. (Ord. No. 95-22, § VIII 11-21-95 Repealed by Ord. No. 2001-18, § XI, 8-20-01) Chapter 3 – Buildings and Construction Article XII Standards for the Repair, Removal or Demolition of Dangerous or Substandard Buildings Section 12.01 Definitions A. The following definitions shall apply in the interpretation and enforcement of this Article: 1. Dangerous Buildings: Means buildings of any nature that are found to be dangerous, that are calculated to increase the fire hazard, that injure, hurt or harm individuals or that may damage or injure contiguous or adjacent lands, or which endanger life or health of are subversive of the public health, safety and welfare and which have any one or all of the following defects, and shall include, but not be limited to, the following: a. Those buildings which, exclusive of the foundation, show thirty three percent (33%) or more of damage or deterioration of the supporting wall, beams, or other member or members of the building or fifty percent (50%) of damage or deterioration of the non-supporting enclosing or outside walls or covering of the building. b. Those buildings which have been damaged by fore, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the Town. c. Those buildings which have become or are so dilapidated, decayed, unsafe, unsanitary or which utterly fail to provide amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease so as to work injury to the health, morals, safety or general welfare of those living therein. d. Those buildings that have light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of those living therein. e. Those buildings having inadequate facilities for egress in case of fire or panic, or those having insufficient stairways, elevators, fire escapes or other means of communications. f. Those buildings which have parts thereof which are so attached that they may fall and injure members of the public or property. g. Those buildings which have a foundation that is not so free of holes, cracks, buckling, crumbing and defects as to support adequately the dwelling structure. h. Those buildings which do not have a floor, exterior wall and roof that is so free of holes, cracks and loose, rotten, warped or protruding boards as to protect the occupants of the dwelling or dwelling unit reasonably from weather elements and from damage of collapse. i. Those buildings existing in violation of any provisions of the Building Code of the Town or any provision of the Town Fire Code or other Codes of the Town. 2. Urban Nuisance: Means a premise or structure that: a. Is reasonably dangerous to the physical health or safety of an occupant or other persons; or Chapter 3 – Buildings and Construction b. Its state of disrepair is such that it could reasonably cause injury, damage, harm or inconvenience to the community and the use and enjoyment of property, materially interfering with the property use or comfort and enjoyment of surrounding property, taking into consideration the nature and use of the properties in the area and character of the community in which they are situated, which condition would be substantially offensive and annoying to persons of ordinary sensibilities, taste and habits living in the community. 3. Town: Means the Town of Trophy Club, Texas (Ord. No. 97-13, § I, 5-13-97) Chapter 3 – Buildings and Construction Section 12.02 Powers of Council A. The Town Council shall have the following authority: 1. To require the demolition of a building to be found to be a dangerous building and/or and urban nuisance or a structure found to be an urban nuisance; 2. To require, as an alternative to demolition of a building found to be a dangerous building and/or an urban nuisance or a structure found to be an urban nuisance, the repair of the structure by the owner or by the Town; 3. Is a building determined to be a dangerous building or an urban nuisance is not vacated, secured or demolished as required by order of the Town Council, the Town Council may direct the Town to vacate, secure, remove or demolish the building or relocate the occupants at the expense of the Town; 4. To require a vacant structure or vacant portion of a structure constituting a dangerous building or an urban nuisance be securely closed and made safe; 5. To require or cause the correction of a dangerous condition on any land within the Town; 6. To grant a variance when, in the opinion of the commission, a literal interpretation of this Article would result in the imposition of an unnecessary or unreasonable hardship; 7. To assess a civil penalty against a property owner at the time of an administrative hearing before the Town Council on violations hereof in an amount not to exceed one thousand dollars ($1,000.00) a day for each violation or, if the owner shows that the property is the owner’s lawful homestead, in an amount not to exceed ten dollars ($10) a day for each violation, upon a showing that: a. The property owner was notified of the requirements of this Article and the owner’s need to comply with the requirements; and after notification, the property owner committed an act in violation of this Article or failed to take an action necessary for compliance with this Article. 8. To cause an action to be brought in district court in accordance with Section 214.003 of the Texas Local Government Code, as amended, for the appointment of a receiver for property found to be an urban nuisance; (Ord. No. 97-13, § 2, 5-13-97) Chapter 3 – Buildings and Construction Section 12.03 Procedures A. Prior to exercising any authority given to the Town Council by this Article or by State Law in connection with a dangerous building or an urban nuisance, the Town Council shall conduct a public hearing to determine whether or not there exists on the property in question a dangerous building or an urban nuisance. In making that determination, the Town Council shall conduct a public hearing on the matter in accordance with the following: 1. Notice of the public hearing shall be provided: a. By certified mail, return receipt requested to the record owners of the affected property sent to the last known address, and each mortgagee, lienholder and each holder of a recorded lien against the affected property, as shown by the records of the County Clerk of the county of the affected property is located if the address of the lienholder can be ascertained from the applicable instruments on file in the office of the County Clerk; and b. To all unknown owners by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front as practible. 2. The notice shall be mailed and posted before the 10th day preceding the date of the hearing before the Council and must state the date, time and place of the hearing. 3. If the notice sent to the last known address of the person being notified is returned undelivered, the Building Official may serve the notice personally if the person to be notified can be found in Denton County, Texas. If notice sent to an owner is returned undelivered, and after diligent search, the Building Official is unable to discover a correct address or is unable to serve the owner personally, then the Building Official shall give notice by publication in the official newspaper of the Town at least five days before the hearing. 4. The notice shall contain the following: a. A legal description of the property under consideration; b. A description of the violation of the municipal standards that is present at the building; and c. A statement that the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with this Article and other relevant Codes of the Town and the time it will take to reasonably perform the work. d. A statement that the Town will vacate, secure, remove, repair or demolish the building or relocate the occupants of the building if the ordered action is not taken within a reasonable time. 5. At each hearing of the Town and owner, lessor, occupant or lienholder may present witnesses in his own behalf and is entitled to cross examine witnesses appearing against him. 6. After a public hearing, the Council shall enter an order making determination as to the whether or not the property under consideration constituents and/or contains a dangerous building or urban nuisance. An order of the Town Council is final. Chapter 3 – Buildings and Construction 7. At the public hearing to determine whether a building complies with the standards and requirements set out herein, the owner, lienholder or mortgagee of the affected property has the burden of proof to demonstrate the scope of any work that may be required to comply with this Article and the time it will take to reasonably perform the work. (Ord. No. 97-13, § 3, 5-13-97) Chapter 3 – Buildings and Construction Section 12.04 Order of Town Council A. In conducting a hearing under this Article, the Town Council shall require the owner, lienholder or mortgagee of the dangerous building to within thirty (30) days; 1. Secure the building from unauthorized entry; and 2. Repair, remove or demolish the building, unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within thirty (30) days. B. If the Town Council allows the owner, lienholder or mortgagee more than thirty (30) days to repair, remove or demolish the building the Town Council shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed. C. The Town Council shall not allow the owner, lienholder or martgagee more than ninety (90) days to repair, remove or demolish the building or fully perform all work required to comply with th order unless the owner, lienholder or mortgagee: 1. Submits a detailed plan and time schedule for the work at a hearing; and 2. Establishes at the hearing that the work cannot reasonably be completed within ninety (90) days because of the scope and complexity of the work. D. If the Town Council allows the owner, lienholder or mortgagee more than ninety (90) days to complete any part of the work required to repair, remove or demolish the building the Town Council shall require the owner, lienholder or mortgagee to regularly submit progress reports to the Town to demonstrate that the owner, lienholder or mortgagee has complied with the time schedules established for commencement and performance pf the work. The order may require that the owner, lienholder or mortgagee appear before the Town Council or such other person as the Council may designate to demonstrate compliance with the time schedules. E. Within ten (10) days after the date that the order is issued, the Town shall: 1. File a copy of the order in the office of the Town Secretary; and 2. Publish in a newspaper of general circulation in the Town a notice containing: a. The street address or legal description of the property; b. The date of the hearing; c. A brief statement indicating the results of the order; and d. Instructions stating where a complete copy of the order may be obtained. Chapter 3 – Buildings and Construction F. After the hearing and entry of order, the Town shall promptly mail by certified mail, return receipt requested, a copy of the order to the owner of the building and to any lienholder or mortgagee of the building. (Ord. No. 97-13, § 4, 5-13-97) Chapter 3 – Buildings and Construction Section 12.05 Failure to Comply with Town Order A. A person commits an offense if he fails to correct a violation of this Article in compliance with an order of the Town Council that has become final. It is a defense to prosecution under Section that the order of the Town Council has been appealed to the District Court. (Ord. No. 97-13, § 5, 5-13-97) Chapter 3 – Buildings and Construction Section 12.06 Minimum Standards; Responsibilities of Owner A. Property Standards: An owner shall: 1. Eliminate a hole, excavation, sharp protrusion, and any other object or condition that exists on the land and is reasonably capable of causing injury to a person; 2. Securely cover or close a well, cesspool or cistern; 3. Provide solid waster receptacles or containers when required by the Town; 4. Provide drainage to prevent standing water and flooding on the land; 5. Remove dead trees and tree limbs that are reasonably capable of causing injury to a person; and 6. Keep the doors and windows of a vacant structure portion of a structure securely closed to prevent unauthorized entry. B. Structural Standards: An Owner shall: 1. Protect the exterior surfaces of a structure which are subject to decay by application of paint or other coating; 2. Fill hollow, masonry supporting piers, if used, with concrete and anchor the piers to concrete footings with a 5/8 inch steel dowel; 3. Provide and maintain railings for stairs, steps, balconies, porches and elsewhere as specified in the Town’s Building Code. 4. Repair holes, cracks and other defects reasonably capable of causing injury to a person in stairs, porches, steps and balconies; 5. Maintain a structure intended for human occupancy and its structure used as an accessory to a structure intended for human occupancy in a weather tight and water tight condition. 6. Maintain floors, walls, ceilings, and all supporting structural members in a sound condition, capable of bearing imposed safety loads. 7. Provide cross-ventilation as prescribed in the Building Code; 8. Repair or replace chimney flue and attachments that do not function properly; 9. Repair holes, cracks, breaks, and loose surface materials that are health or safety hazards in or on floors in or on floors, walls and ceilings; 10. Provide and maintain a moisture resistant finish or material for the flooring or sub flooring of each bathroom, shower room, and toilet room; 11. Provide every habitable room with at least one window or skylight facing directly to the outdoors; 12. Provide every habitable room with at least one window or skylight which can be easily Chapter 3 – Buildings and Construction opened, or such other device as will adequately ventilate the room; 13. Provide every bathroom with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with an approved ventilating system; 14. Provide that common hall and inside stairway in every building, other than one-family dwellings, be adequately lighted at all times with an illumination of at least one (1) foot candle intensity at the floor in the darkest portion of the normally traveled stairs and passageways; 15. Provide and maintain the building foundation system in a safe manner and capable of supporting the load which normal use may cause to be placed thereon; 16. Provide that every exterior wall be free of holes, breaks, loose or rotting boards or timbers, and any other conditions which might admit rain, or dampness to the interior portions of the walls or to the occupied spaces of the building; 17. Provide roofs which are structurally sound and maintained in a safe manner and which have no defects which might admit rain or cause dampness in the walls or interior portion of the building; 18. Provide and maintain all portions, additions or sections of a roof including but not limited to fascia, eaves, soffit, sheathing, rafter tails, barge rafter, vent screening, gutters, downspouts, roof jackets and lead or metal flashing; 19. Provide and maintain every dwelling unit with safe, unobstructed means of egress with a minimum ceiling height of seven feet (7’) leading to a safe and open space at ground level. Stairs shall have a minimum head room of six feet (6’), eight inches (8”); 20. Provide and maintain protective railings on any unenclosed structure over thirty inches (30”) from the ground level or on any steps containing four risers or more; 21. Provide and maintain every window substantially weather-tight, watertight and rodent proof, and keep in sound working condition and good repair; 22. Provide every exterior door, basement or cellar door and hatchway to be substantially weather-tight, and rodent proof, and kept in sound working condition and good repair; 23. Provide every exterior door with properly installed hardware that is maintained to insure reasonable ease of operation to open, close and secure in an open or closed position, as intended by the manufacturer of the door and the attached hardware; 24. Provide exterior door frames be properly maintained and affixed with weather-stripping and thresholds as required to be substantially weather-tight, watertight and rodent and insect restrictive when the door is in a closed position; 25. Provide exterior door jams, stops, headers and moldings securely attached to the structure, maintained in good condition without splitting or deterioration that would minimize the strength and security of the door in a closed position; 26. Provide all exterior wood surfaces, other than decay resistant woods, protected from the elements and decay by painting or other protective covering or treatment; 27. Provide and maintain garages, storage buildings and all other accessory structures in good repair and sound structural condition; Chapter 3 – Buildings and Construction 28. Provide every floor, interior wall and ceiling be substantially rodent proof, kept in sound condition and good repair and safe to use and capable of supporting the load which normal use may cause to be placed thereon; 29. Provide every toilet, bathroom and kitchen floor surface constructed and maintained so as to be substantially impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition; 30. Maintain every structural element of the dwelling structurally sound and show no evidence of deterioration which would render it incapable of carrying normal loads; 31. Provide and maintain interior stairs and stairwells more than four (4) risers high with handrails located in accordance with the requirements of the Building Code. Handrails or protective railings shall be capable of bearing normally imposed loads and be maintained in good condition. (Ord. No. 97-13, § 6, 5-13-97) Chapter 3 – Buildings and Construction Section 12.07 Recovery of Expenses; Lien A. The expense of repair, vacation, securing, removal, closure or demolition of a building or structure when performed under contract with the Town or by Town forces, and any civil penalty assessed against the owner thereof as provided for herein, constitutes a lien against the real property on which the building or structure stands or stood, unless it is a homestead protected by the Texas Constitution, and the lien runs with the land. The Town’s lien attaches when notice of the lien is recorded and indexed in the office of the county clerk in the county in which the property is located. The notice must contain the name and address of the owner, is reasonably determinable, a legal description of the real property on which the building or structure is or was located, the amount of expenses incurred by the Town, and the balance due. B. The Town’s lien shall have the following priority: 1. The Town’s lien for expenses incurred in the relocation of tenants or in the repair, removal or demolition of a building are a privileged lien subordinate only to tax liens, if each mortgagee and lienholder is given notice an opportunity to relocate the tenants or to remove, repair or demolish the building; 2. Otherwise, the Town’s lien to secure the payment of the costs to repair, removal or demolition of a building or the payment of a civil penalty is inferior to any previously recorded bona fide mortgage lien attached to the real property to which the Town’s lien attaches if the mortgage lien was filed for record in the county clerk’s office of the country in which the real property is located before the date the civil penalty is assessed or the repair, removal or demolition is begun by the Town, but is superior to all other previously recorded judgment liens. A lien acquired by the Town under this subsection for repair expenses may not be foreclosed if the property in which the repairs were made is occupied as a residential homestead by a person sixty-five (65) years of age or older. C. In addition to any other remedy provided herein or provided by other law, the Town may bring civil action to recover expenses incurred by the Town in the relocation of tenants or in the repair, removal or demolition of a building. (Ord. No. 97-13, § 7, 5-13-97) Chapter 3 – Buildings and Construction Section 12.08 Adoption of Uniform Code A. The Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition, together with all appendices thereto, is hereby adopted and is incorporated herein in its entirety; provided however, that to the extent of any conflict between the said Uniform Code and the terms of this Article, the terms of this Article shall control. A copy of the said Uniform Code for the Abatement of Dangerous Buildings shall be kept on file in the office of the Building Official of the Town. (Ord. No. 97-13, § 8, 5-13-97) Chapter 3 – Buildings and Construction Section 12.09 Penalty A. It shall be unlawful for any person to violate any provision of this Article, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. (Ord. No. 97-13, § 10, 5-13-97) Chapter 3 – Buildings and Construction Article XIII Apartment Complex Licensing Section 13.01 Definitions For the purpose of this Article, the following words are phrases have the meanings respectively ascribed to them by this Section: Apartment Complex License: License issued by Building Inspector pursuant to this Article and referred to al “License” in this Article. Bedroom: A room used or intended to be used for sleeping purposes and not as a kitchen, bathroom, living room, closet, hallway, utility space, entry way, garage, patio or breezeway. Building Inspector: The Chief Building Official of the Town or his designated representative. Dwelling Unit: A structure, or that part of a structure, which may be used as a home, residence or sleeping place by one or more persons maintaining a common household to the exclusion of all others. Efficiency Unit: Efficiency unit is defined as the equivalent of a one-bedroom unit. Family: Any number of individuals living together as a single housekeeping unit, in which not more than three (3) individuals are unrelated by blood, marriage or adoption. Foster children, for the purpose of this definition, shall be considered as being related to their foster parent or parents. Landlord: Any owner, resident or non-resident, who leases or rents his single-family residence to another. Multiple Family Dwelling Complex: Referred to as an “Apartment Complex” in the body of this Article. Any building or portion thereof, which is rented, leased or let to be occupied for compensation as three (3) or more dwelling units or which is occupied as a home or place of residence by three (3) or more families living in independent dwelling units located in the Town of Trophy Club, and which dwelling units are located on a single plat. Owner: A person claiming, or in whom is vested, the ownership, dominion or title of real property, including but not limited to: 1. Holder of fee simple title; 2. Holder of life estate; 3. Holder of leasehold estate for an initial term of five years or more; 4. The buyer in a contract for deed; 5. A mortgagee, receiver, executor or trustee in control of real property; but not including the holder of a leasehold estate or tenancy for an initial term of less than five years. Person: Includes an individual, corporation, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or community entity. Premises: A lot, plot or parcel of land, including any structure thereon, and furthermore, including a dwelling unit, appurtenances thereto, grounds and facilities held out for the use of tenants generally and any other area or facility the use of which is promised to the tenant. Chapter 3 – Buildings and Construction Property Manager: A person who for compensation has managing control of a single-family residence for a non-resident owner. Resident Manager: A property manager or agent of a property manager who resides in the single-family residence. Single Location: Single location is defined as property held in common ownership that is compact and contiguous property separated only by public streets. Tenant: Any person who occupies a dwelling unit for living or dwelling purposes with the landlord’s consent. Town: Town of Trophy Club, Texas. (Ord. No. 86-06, § II, 2-10-86) Chapter 3 – Buildings and Construction Section 13.02 License Required A. It shall be unlawful for any person to own, operate, manage or maintain an Apartment Complex in the Town without a current and valid license having been issued for said Apartment Complex. Any person owning, operating, managing or maintaining an Apartment Complex at more than one location shall obtain a license for each separate location. B. An owner, or his duly authorized agent, of an Apartment complex shall file with the Building Inspector any and all trade names under which he operates with respect to the leasing or renting of each Apartment Complex. (Ord. No. 86-06, § III, 2-10-86) Chapter 3 – Buildings and Construction Section 13.03 License Application, Place of Business, Issuance, Renewal and Expiration A. An applicant for a license shall file with the Building Inspector a written application upon a form provided for that purpose which shall be signed by the owner, or his agent, or the property manager or resident manager if there be such. Should an applicant own an Apartment Complex at more than one (1) location, a separate application shall be filed for each location. The following information shall be required in the application: Name, address, telephone number of non-resident owner, property manager, resident manager, mortgagee (if there is a mortgage against property); trade name of the Apartment Complex; names and addresses of all registered agents in case the parties above named are corporations; zoning categories; number of dwelling units broken down as to number of efficiencies, one-bedroom, two- bedroom and three-bedroom; acknowledgment of receipt of copy of the “Multiple-Family Residence Licensing Ordinance” and agreement to abide by same as a condition to receiving and maintaining a license. B. Parties currently owning, operating, managing or maintaining Apartment Complexes shall apply for a license within 60 days of the effective date of this Article. C. All licenses shall expire twelve (12) months from the date of issuance of the license. D. The Building Inspector may, at any time, require additional relevant information of the owner or property manager to clarify items on the application. E. Upon a change in ownership of the Apartment Complex, a new license shall be obtained within thirty (30) days of the change and a new annual period shall begin upon the issuance of the license. The owner shall notify the Town within thirty (30) days of the change of ownership. The Owner shall also notify the Town of a change of property manager or resident manager within thirty (30) days of the date of such change. (Ord. No. 86-06, § IV, 2-10-86) Chapter 3 – Buildings and Construction Section 13.04 License and Inspection Fees The annual fee for a license, including any reinstatement license renewal under Section 1.07, is One Hundred Twenty Dollars ($120.00) for the first single location, plus Twenty Five Dollars ($25.00) per dwelling unit. (Ord. No. 86-06, § V, 2-10-86) Code of Ordinances Cross Reference: (Licenses and Inspection Fees), Chapter 1, § 8.03 Chapter 3 – Buildings and Construction Section 13.05 License Display, Replacement and Transferability A. A copy of each license issued pursuant to this Article for an Apartment Complex shall be posted and displayed in the Apartment Complex office in a conspicuous place to which tenants have access. The copy shall have the word “Copy” stamped across its face. B. A replacement license may be issued for one lost, destroyed or mutilated upon application on the form provided by the Building Inspector. A replacement license shall have the word “Replacement” stamped across its face and shall bear the same number as the one it replaces. C. An Apartment Complex license is neither assignable nor transferable. D. The form of the license shall be prepared by the Building Inspector. (Ord. No. 86-06, § VI, 2-10-86) Chapter 3 – Buildings and Construction Section 13.06 License Standards A. Standards Continued maintenance and observance of the standards contained in this Section are conditions that shall be complied with in order to retain a license and to obtain any renewal of a license. B. It shall be unlawful for any person to permit or allow more than one (1) family to reside in any Apartment Complex dwelling unit. C. All Town building, electrical, plumbing, health, zoning and other applicable Codes, including the Minimum Housing Code, shall be complied with at all times. D. Notwithstanding the provisions of all other Town Codes, the maximum number of persons per dwelling unit density for dwelling unit density for dwelling units in an Apartment Complex is as follows: 1. No more than two (2) persons per each bedroom are permitted to reside in a unit plus one additional person. For example; in a one-bedroom or efficiency unit, the density shall not exceed three (3) persons; on a two-bedroom unit, the density shall not exceed five (5) persons; in a three (3) bedroom unit, the density shall not exceed seven (7) persons. E. Licensee shall keep current records that reflect the following information: 1. Number of all tenants occupying each unit, 2. Head of Household. F. It shall be unlawful and a violation of this Article for an owner, property manager or resident manager, to knowingly permit or allow a violation of any of the terms of this Section. It shall be unlawful for a tenant to violate any of the terms of Section 13.06 or to permit or allow any persons to reside in the unit in violation of Section 13.06. G. The requirements of Section 13.06(B) shall not be applicable to a family residing in a dwelling unit on the effective date of this Article nor during the time said family continues to reside in the same dwelling unit. This exception does not apply to, permit or allow any additional unrelated parties to reside in said occupied dwelling unit. H. An owner shall not be prohibited from establishing a more restrictive density for each dwelling unit within his/her Apartment Complex, provided the density is based upon persons per each established bedroom. (Ord. No. 86-06, § VII, 2-10-86) Chapter 3 – Buildings and Construction Section 13.07 Inspections, Reinspections and Certificate of Occupancy A. The owner, property manager and resident manager as a condition to the issuance of the license required by this Article, shall consent and agree to permit and allow the Town’s Building Inspector to make the following inspections of the Apartment Complex when and as needed to ensure compliance with this Article. 1. Right and access to inspect all portions of the premises and structures located on the premises that are not dwelling units. This includes all storage areas, community buildings, swimming pools, athletic facilities, club rooms, equipment rooms and all other portions of the facilities not constructed as dwelling units, upon reasonable advance notice being given to the owner, property or resident manager. 2. Right and access to inspect all unoccupied dwelling units upon giving reasonable notice to the owner, property or resident manager. 3. Right and access to inspect all occupied dwelling units when, upon receipt of reliable information, the Building Inspector has reason to believe that violations of the Code of Ordinances of the Town or State law exist that involve serious threats to life, safety, health and property. 4. Annually, the owner, property manager or resident manager shall make all dwelling units in the Apartment Complex available for inspection by the Building Inspector. The Building Inspector and the owner, property manager and resident manager shall agree on a reasonable date and time for each annual inspection. In the event the parties cannot agree on an inspection time, said annual inspection shall occur within fourteen (14) days of the anniversary date of the application for the license. B. The Building Inspector, or his agent, may enforce the provisions of the Article, upon presentation of proper identification to the occupant in charge of any unit, and may enter, with the occupant’s permission, any unit between the hours of 8:00 a.m. and 5:00 p.m.; provided, however, that in cases of emergency where extreme hazards are known to exist which may involve imminent injury to persons, loss of life or severe property damage, the Building Inspector may enter the aforementioned dwellings at any time and the requirement for presentation of identification and the occupant’s permission shall not apply. Whenever the Building Inspector is denied admission to inspect any premises under this provision, inspection shall be made only under authority of a warrant issued by a magistrate authorizing the inspection. In applying for such a warrant, the Building Inspector shall submit to the magistrate an affidavit setting forth his belief that a violation of this Article exists with respect to the place sought to be inspected and the reasons for such belief. Such affidavit shall designate the location of such place and the name of the person believed to be the occupant thereof. If the magistrate finds that probable cause exists for an inspection of the premises in question, he may issue a warrant authorizing the inspection, such warrant describing the premises with sufficient certainty to identify the same. Any warrants issued will constitute authority for the Building Inspector to enter upon and inspect the premises described herein. C. In the event any of the inspections authorized in this Article require a second reinspection due to noted violations, a $30.00 (Thirty Dollar) reinspection fee shall be paid prior to the second reinspection. D. Certificate of Occupancy Chapter 3 – Buildings and Construction Where the owner, his agent, property or resident manager fails to comply with the terms of this Article within thirty (30) days after receipt of written notice of the violation from the Building Inspector setting out the violations and the time allowed to rectify the violations, the owner’s certificate of occupancy may be withdrawn and the license authorized by this Article may be cancelled. Such failure to comply shall result in the owner being cited to Municipal Court as provided in Section 13.09. Additionally, the Building Inspector may notify all public utility companies serving the Apartment Complex that the certificate of occupancy has been withdrawn and request that all public utility services be discontinued. E. Reinstatement. Any person requesting a reinstatement or reissuance of the certificate of occupancy shall be required to apply for and receive a new license issued under this Article as a condition precedent to the reissuace or reinstatement of the certificate of occupancy. (Ord. No. 86-06, § VIII, 2-10-86) Code of Ordinances Cross Reference: (Reinspection Fees), Chapter 1, § 8.03 Chapter 3 – Buildings and Construction Section 13.08 Appeals to the Town A. The owner, property or resident manager for such property may appeal any decision or order of the Building Inspector to the Town Council of the Town of Trophy Club, Texas, by filing at the Office of the Town Secretary, within five (5) working days (Monday thru Friday) after such decision or order, during regular business hours, a written appeal of such decision or order to the Town Council on a form to be supplied by the Town Secretary. B. As soon as practicable after receiving the written appeal, the Town Secretary shall fix a date, time and place for the hearing of the appeal by the Town Council. Written notice of such date, time and place of the hearing shall be given to each appellant by the Town Secretary, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the written appeal. C. Failure of any person to file an appeal in accordance with the provisions of this Article shall constitute a waiver of his right to a hearing by the Town Council and the Building Inspector’s decision shall be final. D. Orders of the Building Inspector are stayed pending appeal. (Ord. No. 86-06, § IX, 2-10-86) Chapter 3 – Buildings and Construction Section 13.09 Penalty Any person willfully violating any of the provisions of this Article shall be subject to a fine, upon conviction in the Municipal Court, of not less then One Dollar ($1.00) nor more than One Thousand Dollars ($1,000.00) and each and every day that the prohibited condition remains and restoration, if required, not accomplished, shall constitute a separate offense. Those fines shall be in addition to and cumulative of the provisions for the abatement of a nuisance and the obtaining of injunctive relief. (Ord. No. 86-06, § X, 2-10-86) Chapter 3 – Buildings and Construction Article XIV Single Family Residence Licensing Section 14.01 Definitions For the purpose of this Article, the following words and phrases have the meanings respectively ascribed to them by this Section: Single-Family Residence: A single-family residence as referred to in this Article shall include: 1. One-Family Dwelling (Detached): A dwelling designed and constructed for occupancy by one family and located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract and occupied by one family. 2. One-Family Dwelling (Attached): A dwelling which is joined to another dwelling at one or more sides by a party wall or abutting separate wall which is designed for occupancy by one family and is located on a platted separate lot, delineated by front, side and rear lot lines. 3. Two-Family Dwelling: A single structure designed and constructed with two dwelling units under a single roof for occupancy by two families, one in each unit. 4. Condominium: The separate ownership of single dwelling units in a multiple unit structure or structures with common elements. Bedroom: A room used or intended to be used for sleeping purposes and not as a kitchen, bathroom, living room, closet, hallway, utility space, entry way, garage, patio or breezeway. Owner: Means a person claiming, or in whom is vested, the ownership, dominion or title of real property, including but not limited to: 1. Holder of fee simple title; 2. Holder of life estate; 3. Holder of leasehold estate for an initial term of five years or more; 4. The buyer in a contract for deed; 5. A mortgagee, receiver, executor or trustee in control of real property; but not including the holder of a leasehold estate or tenancy for an initial term of less than five years. Resident Owner: Any person who lives, stays or dwells in a single-family residence which he/she owns. Non-resident Owner: Any person who does not live, stay or dwell in a single-family residence which he/she owns. Dwelling Unit: Means a structure, or that part of a structure, which may be used as a home, residence or sleeping place by one or more persons maintaining a common household to the exclusion of all others. Property Manager: Means a person who for compensation has managing control of a single-family residence for a non-resident owner. Resident Manager: Means a property manager or agent of a property manager who resides in the single-family residence. Chapter 3 – Buildings and Construction Premises: Means a lot, plot or parcel of land, including any structure thereon, and furthermore, including a dwelling unit, appurtenances thereto, grounds and facilities held out for the use of tenants generally and any other area or facility the use of which is promised to the tenant. Landlord: Any owner, resident or non-resident, who leases or rents his single-family residence to another. Tenant: Means any person who occupies a dwelling unit for living or dwelling purposes with the landlord’s consent. Lease or Rent: Any agreement which gives rise to a relationship of landlord and tenant. Person: Includes an individual, corporation, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or community entity. Town: Town of Trophy Club, Texas. Family: Any number of individuals living together as a single housekeeping unit, in which not more than three (3) individuals are unrelated by blood, marriage or adoption. Foster children, for the purpose of this definition, shall be considered as being related to their foster parent or parents. Building Inspector: The Chief Building Official of the Town or his designated representative. Single Location: Single location is defined as property held in common ownership that is compact and contiguous property separated only by public streets. Single-Family Residence License: The license issued by the Building Inspector pursuant to this Article and referred to as the “License” in this Article. (Ord. No. 86-07, § II, 2-10-86) Chapter 3 – Buildings and Construction Section 14.02 License Required A. It shall be unlawful for any non-resident owner to lease or rent a single-family residence in the Town without a current and valid license having been issued for said single-family residence. Any non- resident owner leasing or renting a single-family residence at more than one location shall obtain a license for each separate location. B. A non-resident owner, or the non-resident owner’s authorized agent of a single-family residence shall file with the Building Inspector any and all trade names under which he operates with respect to the leasing or renting of each single-family residence. (Ord. No. 86-07, § III, 2-10-86) Chapter 3 – Buildings and Construction Section 14.03 License Application, Place of Business, Issuance, Renewal and Expiration A. An applicant for a license shall file with the Building Inspector a written application upon a form provided for that purpose which shall be signed by the non-resident owner, or his agent, or the property manager or resident manager if there be such. Should an applicant own more than one single-family residence which he leases or rents, a separate application shall be filed for each location. The following information shall be required in the application: Name, address, telephone number of non-resident owner, property manager, resident manager, mortgagee (if there is a mortgage against property); trade name of non-resident owner, names and addresses of all registered agents in case the parties above named are corporations; zoning categories; number of bedrooms; acknowledgment of receipt of copy of “Single-Family Residence Licensing Ordinance” and agreement to abide by same as a condition to receiving and maintaining a license. B. Non-resident owners currently leasing or renting a single-family residence shall apply for a license within 60 days of the effective date of this Article. C. All licenses shall expire twelve (12) months from the date of issuance of the license. D. The Building Inspector may, at any time, require additional relevant information of the non-resident owner or property manager to clarify items on the application. E. Upon a change in ownership of the single-family residence, a new license shall be obtained within thirty (30) days of the change and a new annual period shall begin upon the issuance of the license. The non-resident owner shall notify the Town within thirty (30) days of the change of ownership. The non-resident owner shall also notify the Town of a change of property manager or resident manager within thirty (30) days of the date of such change. (Ord. No. 86-07, § IV, 2-10-86) Chapter 3 – Buildings and Construction Section 14.04 License and Inspection Fees The annual fee for a license, including any reinstatement license renewal under Section 1.07(E), is One Hundred Twenty Dollars ($120.00) for the first single location, plus Twenty Five Dollars ($25.00) per dwelling unit. (Ord. No. 86-07, § V, 2-10-86) Code of Ordinances Cross Reference: (Licenses and Inspection Fees), Chapter 1, § 8.03 Chapter 3 – Buildings and Construction Section 14.05 License Display, Replacement and Transferability A. A copy of each license issued pursuant to this Article for an Apartment Complex shall be posted and displayed in the Apartment Complex office in a conspicuous place to which tenants have access. The copy shall have the word “Copy” stamped across its face. B. A replacement license may be issued for one lost, destroyed or mutilated upon application on the form provided by the Building Inspector. A replacement license shall have the word “Replacement” stamped across its face and shall bear the same number as the one it replaces. C. An Apartment Complex license is neither assignable nor transferable. D. The form of the license shall be prepared by the Building Inspector. (Ord. No. 86-07, § VI, 2-10-86) Chapter 3 – Buildings and Construction Section 14.06 License Standards A. Standards Continued maintenance and observance of the standards contained in this Section are conditions that shall be complied with in order to retain a license and to obtain any renewal of a license. B. It shall be unlawful for any person to permit or allow more than one (1) family to reside in any single- family residence dwelling unit. C. All Town building, electrical, plumbing, health, zoning and other applicable Codes, including the Minimum Housing Code, shall be complied with at all times. D. Licensee shall keep current records that reflect the following information: 1. Number of all tenants occupying each unit, 2. Head of Household. Said records shall be available for review by the Building Inspector of the Town or his designated representative during regular working hours and upon receipt of reasonable notice. E. It shall be unlawful and a violation of this Article for an owner, property manager or resident manager, to knowingly permit or allow a violation of any of the terms of this Section. It shall be unlawful for a tenant to violate any of the terms of this Section or to permit or allow any persons to reside in the unit in violation of this Section. F. The requirements of subsection B from this Section shall not be applicable to a family residing in a dwelling unit on the effective date of this Article nor during the time said family continues to reside in the same dwelling unit. This exception does not apply to, permit or allow any additional unrelated parties to reside in said occupied dwelling unit. (Ord. No. 86-07, § VII, 2-10-86) Chapter 3 – Buildings and Construction Section 14.07 Inspections, Reinspections and Certificate of Occupancy A. The non-resident owner, property manager and resident manager, as a condition to the issuance of the license required by this Article, shall consent and agree to permit and allow the Town’s Building Inspector to make the following inspections of the single-family residence when and as needed to ensure compliance with this Article. 1. Right and access to inspect all portions of the premises and structures located on the premises that are not dwelling units. This includes all storage areas, community buildings, swimming pools, athletic facilities, club rooms, equipment rooms and all other portions of the facilities not constructed as dwelling units, upon reasonable advance notice being given to the non-resident owner, property or resident manager. 2. Right and access to inspect all unoccupied dwelling units upon giving reasonable notice to the non-resident owner, resident or property manager. 3. Right and access to inspect all occupied dwelling units when, upon receipt of reliable information, the Building Inspector has reason to believe that violations of the Code of Ordinances of the Town or State law exist that involve serious threats to life, safety, health and property. 4. Annually, the non-resident owner, resident manager or property manager shall make all dwelling units in the single-family residence available for inspection by the Building Inspector. The Building Inspector and the non-resident owner, resident manager and property manager shall agree on a reasonable date and time for each annual inspection. In the event the parties cannot agree on an inspection time, said annual inspection shall occur within fourteen (14) days of the anniversary date of the application for the license. B. The Building Inspector, or his agent, may enforce the provisions of this Article, upon presentation of proper identification to the occupant in charge of any unit, and may enter, with the occupant’s permission, any unit between the hours of 8:00 a.m. and 5:00 p.m.; provided, however, that in cases of emergency where extreme hazards are known to exist which may involve imminent injury to persons, loss of life or sever property damage, the Building Inspector may enter the aforementioned dwellings at any time and the requirement for presentation of identification and the occupant’s permission shall not apply. Whenever the Building Inspector is denied admission to inspect any premises under this provision, inspection shall be made only under authority of a warrant issued by a magistrate authorizing the inspection. In applying for such a warrant, the Building Inspector shall submit to the magistrate an affidavit setting forth his belief that a violation of this Article exists with respect to the place and the name of the person believed to be the occupant thereof. If the magistrate finds that probable cause exists for an inspection of the premises in question, he may issue a warrant authorizing the inspection, such warrant describing the premises with sufficient certainty to identify the same. Any warrants issued will constitute authority for the Building Inspector to enter upon and inspect the premises described herein. C. In the event any of the inspections authorized in this Article require a second reinspection due to noted violations, a Thirty Dollar ($30.00) reinspection fee shall be paid prior to the second reinspection. D. Certificate of Occupancy Where the non-resident owner, his agency, property or resident manager fails to comply with the terms of this Article within thirty (30) days after receipt of written notice of the violation from the Building Inspector Chapter 3 – Buildings and Construction setting out the violations and the time allowed to rectify the violations, the non-resident owner’s certificate of occupancy may be withdrawn and the license authorized by this Article may be cancelled. Such failure to comply shall result in the non-resident owner being cited to Municipal Court as provided in Section 14.09. Additionally, the Building Inspector may notify all public utility companies serving the single-family residence that the certificate of occupancy has been withdrawn and request that all public utility services be discontinued. E. Reinstatement Any person requesting a reinstatement or reissuance of the certificate of occupancy shall be required to apply for and receive a new license issued under this Article as a condition precedent to the reissuance or reinstatement of the certificate of occupancy. (Ord. No. 86-07, § VIII, 2-10-86) Code of Ordinances Cross Reference: (Reinspection Fees), Chapter 1, § 8.03 Chapter 3 – Buildings and Construction Section 14.08 Appeals to the Town A. The non-resident owner, property or resident manager for such property may appeal any decision or order of the Building Inspector to the Town Council of the Town of Trophy Club, Texas, by filing at the Office of the Town Secretary, within five (5) working days (Monday through Friday) after such decision or order, during regular business hours, a written appeal of such decision or order to the Town Council on a form to be supplied by the Town Secretary. B. As soon as practicable after receiving the written appeal, the Town Secretary shall fix a date, time and place for the hearing of the appeal by the Town Council. Written notice of such date, time and place of the hearing shall be given to each appellant by the Town Secretary, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his/her address shown on the written appeal. C. Failure of any person to file an appeal in accordance with the provisions of this Article shall constitute a waiver of his right to a hearing by the Town Council and the Building Inspector’s decision shall be final. D. Orders of the Building Inspector are stayed pending appeal. (Ord. No. 86-07, § IX, 2-10-86) Chapter 3 – Buildings and Construction Section 14.09 Penalty Any person, willfully violating any of the provisions of this Article shall be subject to a fine, upon conviction in the Municipal Court, of not less than One Dollar ($1.00) nor more than One Thousand Dollars ($1,000.00) and each and every day that the prohibited condition remains and restoration, if required, not accomplished, shall constitute a separate offense. Those fines shall be in addition to and cumulative of the provisions for the abatement of a nuisance and the obtaining of injunctive relief. (Ord. No. 86-07, § X, 2-10-86) Chapter 3 – Buildings and Construction Article XV Swimming Pools Section 15.01 Definitions Unless otherwise provided for herein, the following terms shall have the respective meanings ascribed to them. Aboveground Swimming Pool: A structure in which the entire construction is above ground, or if partly above and partly below-ground, the top of the receptacle basin is at least twenty-four inches (24”) above ground. In-Ground Swimming Pool: A structure intended for swimming or recreational bathing that contains water over twenty-four inches (24”) deep and has a capacity of over seven hundred (700) gallons that is dug into the ground. Kiddie Pool or Wading Pool: Any deflatable, portable or temporary special purpose pool or receptacle set aside primarily for use by children with a depth no greater than twenty-four inches (24”). Permitting Department: The Permitting Division of the Community Development Department of the Town of Trophy Club, Texas. Spa: A hydro-massage pool or tub, including but not limited to hot tubs, whirlpool baths and tubs and Jacuzzi-type tubs or baths, for recreational or therapeutic use, not located in a health-care facility, designed for immersion of users and usually having a filter, heater, and motor-driven blower. The spa is intended for recreational bathing and contains water over twenty-four inches (24”) deep. Swimming Pool: Any structure intended for swimming or recreational bathing that contains water over twenty-four inches (24”) deep and has a capacity of over seven-hundred (700) gallons. This includes in- ground, aboveground and on-ground swimming pools. As used in this Article the term is limited to pools which are fitted with a filter for clarifying pool water, or which are designed to be fitted with a filter, whether installed or not. The term shall not include facilities located inside a residence, storable pools designed for seasonal setup and use which are stored at the end of the swimming season, or spas installed on decks or porches if a fitted hard cover designed to prevent entry is maintained in place at all times when the spa is not in use. (Ord. No. 95-12, § II, 7-18-95, Repealed by Ord. No. 2005-15, II, 6-20-05) Chapter 3 – Buildings and Construction Section 15.02 Applicability and Prohibitive Conduct A. This Article shall be applicable to all new swimming pools and spas hereafter constructed, erected, or maintained, and shall apply to all existing pools and spas which have a depth greater than twenty four inches (24”) of water at any point. It shall be unlawful for any person to violate any provision of this Article. B. No person shall construct, erect, or maintain an aboveground pool. C. No person in possession of land within the Town, whether as owner, purchaser, lessee, or licensee, upon which is situated a swimming pool having a depth greater than twenty-four inches (24”) or more of water at any point, shall fail to provide and maintain such fence or wall as herein provided. D. Any and all unfenced swimming pools existing at the time this Article is passed shall have ninety (90) days to comply with the terms and requirements herein stated, from the effective date of this Article. E. Except as specifically provided herein, it shall be unlawful of any person, corporation, partnership or other legal entity to construct, have constructed, or maintain any type of swimming pool without having first procured a permit for the construction of same from the Permitting Department. (Ord. No. 95-12, § III, 7-18-95, Repealed by Ord. No. 2005-15, III, 6-20-05) Chapter 3 – Buildings and Construction Section 15.03 Exceptions A. Kiddie Pools or Wading Pools, are exempt from the provisions of this Article except as specifically provided herein. B. Hot tubs, whirlpool baths and tubs, and Jacuzzi-type tubs or baths with a capacity of not more than fifteen hundred (1,500) gallons shall be allowed above ground. C. In lieu of the fence requirement in Section 6, subsection B(1)(a) , rigid lock-down covers may be allowed for hot tubs, whirlpool baths and tubs, Jacuzzi-type baths and tubs, and spas , provided that prior approval is given through the fence permit application process and further provided that the cover is kept locked at all times that the hot tub, whirlpool bath and tub, Jacuzzi-type bath and tub, and/or spa is not in use. (Ord. No. 95-12, § III, 7-18-95, Repealed by Ord. No. 2005-15, IV, 6-20-05) Chapter 3 – Buildings and Construction Section 15.04 Swimming Pools A. Swimming Pool Permit Application The following information shall be required for each swimming pool permit application: 1. Applicant’s name and address. 2. If person represents a corporation, partnership or other legal entity, the address of the president or registered agent of the entity. 3. Name of the foreman or contractor in charge of construction. 4. Name of the owner of the property. 5. Address of the location where swimming pool is to be constructed. 6. Size of swimming pool. 7. Approximate value. 8. Two (2) site plans showing the location of swimming pool in relation to the property lines with the distance indicated from the pool to any structures and to the property boundaries. All measurements shall be from the pool structure itself and not from the water’s edge and also show property setback lines, drainage plan, location of any and all drainage and/or public utility easements, and the location of required and/or existing fence. a. Fence permit, if applicable. B. Permit fees, in accordance with the current fee schedule, shall be paid prior to the issuance of a permit and the commencement of construction of a swimming pool. C. Fence Requirements 1. Permanent Fence Before a pool is filled with water, a permanent fence shall be erected surrounding the pool, which shall conform to the International Building Code, as adopted and amended by the Town. a. The Pool Contractor or other person constructing a pool is responsible for the construction of a permanent fence that complies with this Article and all other applicable regulations. The property owner is responsible for the maintenance of a permanent fence that complies with this Article and all other applicable regulations. b. It shall be unlawful to maintain any swimming pool in the corporate limits of Trophy Club, which is not fenced in accordance with the requirements of this section and all other applicable Codes. 2. Temporary Fence Prior to commencement of and during the construction of a swimming pool, a temporary fence shall be erected and maintained around the swimming pool construction site, which shall limit access to the construction site at all times except when construction is actually in progress. Chapter 3 – Buildings and Construction The top of the temporary fence shall be at least four feet (4’) in height. The wall of a dwelling may serve as part of the fence. a. All inspections will be canceled if a temporary fence is not installed on the job site and a reinspection fee will be assessed in an amount set by the Town’s Schedule of Fees. Continued failure to enclose the site with a temporary fence may result in a citation being issued to pool contractor. D. Form Survey Required A form survey shall be submitted and approved by the Building Inspector prior to calling for the first inspection. E. Certificate of Completion Prior to the issuance of a certificate of completion, the swimming pool shall pass each of the following inspections: 1. Belly steel and ground steel, 2. Deck steel and ground, 3. Gas line inspection (if applicable) and P-Trap/Backwash inspection. a. Before the backwash, P-Trap & gas line are covered in any way, those items shall be inspected and approved. All pools shall have a p-trap and backwash line connected to the sanitary sewer. 4. Drainage Survey The pool final inspection will not be approved if the Inspector determines that the grading and drainage of the lot is not in compliance with the approved drainage plans for the subdivision. If the inspector cannot determine the lot water flow, an engineered survey shall be required. 5. Final inspection, including the fencing. a. At the final inspection, all local requirements, state requirements and Town-approved building codes must be met. F. Lighting All lighting of a swimming pool shall be shielded or directed to face away from adjoining residences. If lights are not individually shielded they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible from adjacent or contiguous properties. G Licensed Contractor All electrical and plumbing work shall be performed by licensed contractors in accordance with the requirements of the Town-approved Building Code, as amended and all other applicableCodes or regulations. Chapter 3 – Buildings and Construction H Location All swimming pools, to include but not limited to kiddie and wading pools, shall be located within the rear yard and shall not encroach upon any identified easement. I. Draining of Swimming Pools On any new swimming pool permitted on or after June 24, 2005, all backwash or drainage from a swimming pool shall discharge into the sanitary sewer system. An indirect connection shall be made by means of an air break discharging into a tail piece installed a minimum of 6” or 152 mm above adjacent grade. The tailpiece shall be connected to a minimum 3” or 76 mm p-trap not less than 12” (304 mm) below grade which discharges into the yard cleanout riser. 1. Owners of existing pools (pools built or permitted prior to July 1, 2005) are not required by this Article to retrofit the pool equipment and tie into the sanitary sewer. J. Screening All swimming pool equipment shall be screened from the view of the public and from the view of adjacent private properties. K. Clarity of Water 1. The water in all swimming pools within the Town, public or private shall be of sufficient clarity such that the bottom of the swimming pool is visible to the naked eye. In order to help achieve this objective, each swimming pool shall have a minimum fee residual chlorine of one (1) part per million. 2. In addition, no swimming pool water shall have an acid reaction to a standard pH test. 3. All pools shall be treated, altered or maintained so as to prevent the development of unsanitary conditions. 4. Pools under construction or which are no longer being operated shall be maintained in a manner so as to prevent the development of unsanitary conditions potential injury or possible drowning. 5. Wastewater from a swimming pool shall be discharged into a sanitary sewer. There shall be no direct physical connection between the sewer system and any drain from the swimming pool or circulations system. 6. Alternative equivalent methods of wastewater disposal may be approved by the Director of Community Development. No method of wastewater disposal is permissible which could create a public health hazard or public nuisance. L. Equipment No pool equipment shall be placed within required or established front yard or within any identified easement. Equipment necessary for or related to the operation of the pool shall not be affixed to any required perimeter fence or common fences between property owners. Chapter 3 – Buildings and Construction (Ord. No. 95-12, § IV, 7-18-95, Repealed by Ord. No. 2005-15, V, 6-20-05) Code of Ordinances Cross Reference: (Pool Permit Fees), Chapter 1, § 8.03; (Form Survey), Chapter 3, § 2.01; Chapter 3 – Buildings and Construction Section 15.05 Appeals Any person aggrieved by the terms of this Article or the interpretation, application, or enforcement of this Article by the Building Official shall have the right to appeal any action of the Building Official taken pursuant to this Article. Any such appeal shall be brought, by written application, filed by an interested party, to the Director of Community Development within ten (10) days following the action of the Building Official, which is the subject of the appeal. Enforcement of this Article shall be stayed pending such appeal, except that such appeal does not stay the owner or applicant’s requirement to comply with temporary fencing regulations specified herein or as specified by other applicable laws, during the appeal period. In hearing such appeals, the Building Board of Appeals shall review the determination of the Building Official and, in so doing, may consider whether or not the regulations and standards of this Article will, by reason of exceptional circumstance or surroundings, constitute a practical difficulty or unnecessary hardship. The decision of the Building Board of Appeals shall be final. (Ord. No. 95-12, § IV, 7-18-95, Repealed by Ord. No. 2005-15, VI, 6-20-05) Code of Ordinances Cross Reference: (Building Board of Appeals), Chapter 3, § 3.04 Chapter 3 – Buildings and Construction Section 15.06 Penalty It shall be unlawful for any person to violate any provision of this Article, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. (Ord. No. 95-12, § VIII, 7-18-95, Repealed by Ord. No. 2005-15, XI, 6-20-05) Chapter 4 - Flood Damage Prevention Chapter 4 – Flood Prevention Article I Flood Damage Prevention Section 1.01 Findings of Fact A. The Special Flood Hazard Areas of the Town of Trophy Club are subject to periodic inundation which may result in loss of life and property, health and safety hazards, in disruption of commerce and governmental services, and in extraordinary public expenditures for Flood protection and relief, all of which adversely affect the public health, safety and general welfare. B. These Flood losses are created by the cumulative effect of obstructions in Floodplains which cause an increase in Flood heights and velocities, and by the occupancy of Special Flood Hazard Areas by uses vulnerable to Floods and are hazardous to other lands because they are inadequately elevated, Floodproofed or otherwise protected from Flood damage. (Ord. No. 1997-05, Article I, 3-18-97 Repealed by Ord. No. 2005-18, § II, 7-18-05) Chapter 4 – Flood Prevention Section 1.02 Statement of Purpose A. It is the purpose of this Article to promote the public health, safety and general welfare and to minimize public and private losses due to Flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of future public money for costly Flood- control projects; 3. Minimize the need for rescue and relief efforts associated with Flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone, storm drainage and sanitary sewer lines, streets and bridges located in a SFHA; 6. Help maintain a stable tax base by providing for the sound use and Development of Flood- prone areas in such a manner as to minimize future Flood-blight areas; and 7. Insure that potential buyers are notified when a property is in a Special Flood Hazard Area. (Ord. No. 1997-05, Article I, 3-18-97 Repealed by Ord. No. 2005-18, § III, 7-18-05) Chapter 4 – Flood Prevention Section 1.03 Methods of Reducing Flood Losses A. In order to accomplish its purposes, this Article employs the following methods, techniques and/or provisions: 1. Restrict or prohibit uses that are dangerous to health, safety or property in times of Flood, or cause excessive increases in Flood heights or velocities; 2. Require that uses vulnerable to Floods, including facilities that serve such uses, be protected against Flood damage at the time of initial construction; 3. Control the alteration of natural Floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters; 4. Control filling, grading, dredging and other Development, which may increase Flood damage; 5. Prevent or regulate the construction of Flood barriers which will unnaturally divert floodwaters or which may increase Flood hazards to other lands. 6. Conserve in perpetuity the waterways where the 100-year Floodplain and BFEs have been designated, throughout the Town, as a natural protection against the hazards and losses connected with Flooding. (Ord. No. 1997-05, Article I, 3-18-97 Repealed by Ord. No. 2005-18, § IV, 7-18-05) Chapter 4 – Flood Prevention Section 1.04 Applicability A. This Article shall apply to all Areas of Special Flood Hazard within the jurisdiction and control of the Town of Trophy Club. (Ord. No. 2005-18, § V, 7-18-05) Chapter 4 – Flood Prevention Section 1.05 Definitions Unless specifically defined below, words or phrases used in this Article shall be interpreted to give them the meaning they have in common usage and to give this Article its most reasonable application. Appeal: A request for a review of the Floodplain Administrator’s interpretation of any provision of this Article or a request for a Variance. Base Flood: The Flood having a one percent (1%) chance of being equaled or exceeded in any given year. Base Flood Elevation (BFE): The elevation for which there is a one-percent (1%) chance in any given year that Flood levels will equal or exceed it. The BFE is determined by statistical analysis for each local area and designated on the Flood Insurance Rate Maps. It is also known as the 100-year Flood elevation. Basement: Any area of the building having its floor subgrade (below ground level) on all sides. Breakaway Wall: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. CLOMR (Conditional Letter of Map Revision): A letter from FEMA commenting on whether a proposed project, if built as proposed, would meet FEMA minimum standards and which could result in a Federal Insurance Rate Map (FIRM) Letter of Map Revision (LOMR). Compliance: No Structure or land shall hereafter be located, altered, or have its use changed without achieving full compliance with the terms of this Article and other applicable regulations. Critical Feature: An integral and readily identifiable part of a Flood Protection System, without which the Flood protection provided by the entire system would be compromised. Development: Any man-made change in improved and unimproved real estate, including but not limited to buildings or other Structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. Elevated Building: A nonbasement building that is: i. Built, in the case of a building in Zones A1-30, AE, A, A00, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal Structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), foundation walls or shear walls parallel to the floor of the water; and, ii. Adequately anchored so as not to impair the structural integrity of the building during a Flood of up to the magnitude of the Base Flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, “Elevated Building” also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of Flood waters. In the case of Zones V1-30, VE, or V, “Elevated Building” also includes a building otherwise meeting the definition of “Elevated Building,” even though the lower area is enclosed by means of Breakaway Walls, if the Breakaway Walls met the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations. Chapter 4 – Flood Prevention Elevation Certificate: FEMA Form 81-31. An administrative tool of the NFIP used to provide elevation information necessary to ensure Compliance with community Floodplain management Ordinances, to determine the proper insurance premium rate, and to support a request for a Letter of Map Amendment or Revision (LOMA or LOMR-F). Existing Construction: For the purpose of determining rates, Structures for which the “Start of Construction” commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. “Existing Construction” may also be referred to as “existing Structures.” Existing Manufactured Home Park or Subdivision: A Manufactured Home park or subdivision for which the construction of facilities for servicing the lots on which the Manufactured Homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the Floodplain Management Regulations adopted by a community. Expansion to an Existing Manufactured Home Park or Subdivision: The preparation of additional sites by the construction of facilities for servicing the lots on which the Manufactured Homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA): The federal agency responsible for the emergency evaluation and response to natural disasters caused by earthquakes, hurricanes, Floods, tornadoes, snowstorms, hail, forest fires, drought and weather-related phenomenon. Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from: i. The overflow of inland or tidal waters, ii. The unusual and rapid accumulation of runoff of surface waters from any source. Flood Elevation Study: An examination, evaluation and determination of Flood hazards and, if appropriate, corresponding Water Surface Elevations, or an examination, evaluation and determination of mudslide (i.e. mudflow) and/or Flood-related erosion hazards. Flood Hazard Boundary Map (FHBM): An official map of a community, issued by FEMA, where the areas within the boundaries of special Flood hazards have been designated as Zone A. Flood Insurance Rate Map (FIRM): An official map of a community, on which the Federal Emergency Management Agency (FEMA) has delineated both the Areas of Special Flood Hazards and the risk premium zones applicable to the community. Flood Insurance Study: The official report provided by the Federal Emergency Management Agency (FEMA). The report contains Flood profiles, Water Surface Elevation of the Base Flood, as well as the Flood Hazard Boundary – Floodway Map. Floodplain Administrator: The Floodplain Administrator of the Town of Trophy Club, or their designee. Floodplain Development Permit: A permit for property located in an SFHA issued by the Floodplain Administrator that is required to ensure conformance with the provisions of this Article. Floodplain or Flood-Prone Area: Any land area susceptible to being inundated by water from any source (see definition of Flooding). Floodplain Management: The operation of an overall program of corrective and preventive measures for Chapter 4 – Flood Prevention reducing Flood damage, including but not limited to emergency preparedness plans, Flood control works and Floodplain Management Regulations. Floodplain Management Regulations: Zoning Ordinances, subdivision regulations, building codes, health regulations, special purpose Codes (such as a Floodplain Article, grading Article and erosion control Article) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of Flood damage prevention and reduction. Floodproof: Any combination of structural and non-structural additions, changes, or adjustments to Structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, Structures and their contents. Flood Protection System: Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify Flooding in order to reduce the extent of the areas within a community subject to a “special Flood hazard” and the extent of the depths of associated Flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, Levees or dikes. These specialized Flood-modifying works are those constructed in conformance with sound engineering standards. Floodway (Regulatory Floodway): The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the Water Surface Elevation more than a designated height. Functionally Dependent Use: A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. Historic Structure: Any Structure that is: i. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the Natural Register; ii. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district of a district preliminarily determined by the Secretary to qualify as a registered historic district. iii. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or iv. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either; (a.) By an approved state program as determined by the Secretary of the Interior, or (b.) Directly by the Secretary of the Interior in states without approved programs. Levee: A man-made Structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary Flooding. LOMR (Letter of Map Revision): A letter from FEMA officially revising the current FIRM to show changes to Floodplains, Floodways, or Flood elevations. Chapter 4 – Flood Prevention Lowest Floor: The Lowest Floor of the lowest-enclosed area (including Basement). An unfinished or Flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a Basement area is not considered a building’s Lowest Floor; provided that such enclosure is not built so as to render the Structure in Violation of the applicable non-elevation design requirement of Section 60.03 of the National Flood Insurance Program regulations. Manufactured Home: A Structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term “Manufactured Home” does not include a “Recreational Vehicle.” Manufactured Home Park or Subdivision: A parcel (or contiguous parcels) of land divided into two or more Manufactured Home lots for rent or sale. Mean Sea Level (MSL): For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which Base Flood elevations shown on a community’s Flood Insurance Rate Map are referenced. National Flood Insurance Program (NFIP): The program of Flood insurance coverage and Floodplain Management administered under the National Flood Insurance Act of 1968 and any amendments to it. and applicable Federal regulations promulgated in Title 44 of the Code of Federal Regulations, Subchapter B. New Construction: For the purpose of determining insurance rates, Structures for which the “Start of Construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such Structures. For Floodplain Management purposes, “New Construction” means Structures for which the “Start of Construction” commenced on or after the effective date of a Floodplain Management regulation adopted by a community and includes any subsequent improvements to such Structures. Permanent Construction: To include, but is not limited to, the pouring of slab or footing, the installation of piles, the construction of columns, any work beyond the state of excavation or filling; or the placement of a Manufactured Home on a foundation. Permanent Construction does not include land preparation, such as clearing, grading, and filling; the installation of streets and /or walkways; and excavation for Basement, footings, piers or foundations or the erection of temporary forms. Recreational Vehicle: A vehicle that is: i. Built on a single chassis; ii. Four hundred (400) square feet or less when measured at the largest horizontal projections; iii. Designed to be self-propelled or permanently towable by a light-duty truck; and, iv. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Regulatory Flood: The Flood having a one-percent (1%) chance of being equaled or exceeded in any given year (100-year Flood) as determined from an analysis of Floods on a particular stream and other streams in the same general region. The upstream watershed shall be assumed to be fully urbanized in accordance with the current land use plan adopted by the Town. For the portions of the upstream watershed outside the Town, reasonable assumptions relating to urbanization shall be made by the Floodplain Administrator. Chapter 4 – Flood Prevention Regulatory Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the Water Surface Elevation more than a designated height. Riverine: The condition of a body of water; relating to, formed by, or resembling a river, stream brook, etc., which is channelized and flowing either in a natural or improved condition. Special Flood Hazard Area (SFHA): The land in the Floodplain within a community subject to a one percent (1%) or greater chance of Flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones, A, AE, AH, AO, A1-00, VO, V1-30, VE or V. Start of Construction: (For other than New Construction or Substantial Improvements under the Coastal Barrier Resources Act (Pub. L. 97-348).) Includes Substantial Improvement and means the date the building permit was issued, provided the actual Start of Construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one-hundred eighty (180) days of the permit date. The actual start means either the first placement of Permanent Construction of a Structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a Manufactured Home on a foundation. Permanent Construction does not include land preparation, such as clearing, grading and filing; nor does it include the installation of streets and/or walkways; nor does it include excavation for Basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main Structure. For a Substantial Improvement, the actual Start of Construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure: A walled and roofed building, including a gas or liquid storage tank, than is principally above ground, as well as a Manufactured Home. Substantial Damage: Damage of any origin sustained by a Structure whereby the costs of restoring the Structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the Structure before the damage occurred. Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement of a Structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the Structure before “Start of Construction” of the improvement. This includes Structures that have incurred “Substantial Damage,” regardless of the actual repair work performed. The term does not, however, include either: i. Any project for improvement of a Structure to correct existing Violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or, ii. Any alteration of a “Historic Structure,” provided that the alteration will not preclude the Structure’s continued designation as a “Historic Structure.” Town: The Town of Trophy Club, Texas. Variance: A grant of relief to a person from the requirement of this Article when specific enforcement would result in unnecessary hardship. A Variance, therefore, permits construction or Development in a manner otherwise prohibited by this Article. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) Chapter 4 – Flood Prevention Violation: The failure of a Structure or other Development to be fully compliant with the community’s Floodplain Management Regulations. A Structure or other Development without the Elevation Certificate, other certifications, or other evidence of Compliance required in Section 60.3(b)(5), (c)(4), (c)(3), (c)(10), (d)(3), (e)(2), (3)(4), or (e)(5) of the National Flood Insurance Program Regulations, and is presumed to be in Violation until such time as that documentation is provided. Water Surface Elevation: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of Floods of various magnitudes and frequencies in the Floodplains of coastal or Riverine areas. (Ord. No. 1997-05, Article II, 3-18-97 Repealed by Ord. No. 2005-18, § VI, 7-18-05) Chapter 4 – Flood Prevention Section 1.06 General Provisions A. Basis For Establishing Areas of Special Flood Hazard The Areas of Special Flood Hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, “The Flood Insurance Study (FIS) for Denton County, Texas and Incorporated Areas,” dated December 6, 2002, with accompanying Flood Insurance Rate maps and Flood Boundary Floodway Maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this Article. The latest FIRM Panels, including: 48121C0515F dated 03/30/98; 48121C0655E dated 04/02/97; 48121C0520E dated 04/02/97; 48121C0660E dated 04/02/97; and 48121CIND0A dated12/06/02. B. Establishment of Floodplain Development Permit 1. A Floodplain Development Permit shall be required for all Development taking place within the area of the 100-year Floodplain (Special Flood Hazard Areas) as shown on the current Flood Insurance Rate Maps and Flood Boundary-Floodway Maps, published by the Federal Emergency Management Agency (FEMA). These maps are available for public inspection in the Community Development Department. 2. Any permit issued in accordance with this Article shall automatically expire after the expiration of two (2) years from the date of the permit unless Development is completed or the Town Council reinstates such permit after permit applicant’s written request prior to the conclusion of the two-year period. C. Compliance No Structure or land shall hereafter be located, altered, or have its use changed without full Compliance with the terms of this Article and other applicable laws, codes or regulations. D. Abrogation and Greater Restrictions This Article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where in this Article an easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. E. Interpretation: In the interpretation and application of this Article, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under State law. F. Warning and Disclaimer of Liability The degree of Flood protection required by this Article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater Floods can and will occur and Flood heights may be increased by man-made or natural causes. Chapter 4 – Flood Prevention This Article does not imply that land outside the Areas of Special Flood Hazards or uses permitted within such areas will be free from Flooding or Flood damage. This Article shall not create liability on the part of the Town or any official or employee thereof for any Flood damages that result from reliance on this Article or any administrative decision lawfully made thereunder. G. Dumping and Obstructions Prohibited The placement or dumping of any material (including but not limited to dirt, rock, construction debris, rubbish, refuse, tree and brush cuttings, grass clippings, or any other waste, material, or device which may obstruct or impede flow) in a SFHA that regularly or periodically carries surface water is prohibited. (Ord. No. 1997-05, Article III, 3-18-97 Repealed by Ord. No. 2005-18, § VII, 7-18-05) Chapter 4 – Flood Prevention Section 1.07 Administration A. Designation of the Floodplain Administrator The Community Development Director or her designee is hereby appointed as the Floodplain Administrator to administer and implement the provisions of this Article and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management. B. Duties and Responsibilities of the Floodplain Administrator Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: 1. Maintain and hold open for public inspection all records pertaining to the provisions of this Article. Records will be held on file in the Town Offices at 100 Municipal Drive, Trophy Club, Texas 76262. 2. Review permit applications to determine whether proposed building sites, including the placement of Manufactured Homes, will be reasonably safe from flooding. 3. Review, approve, or deny all applications for development permit required by this Article. 4. Review permits for proposed Development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. 5. Where interpretation is needed as to the exact location of the boundaries of the Areas of Special Flood Hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Floodplain Administrator shall make the necessary interpretation. a. When such interpretation results in a determination that an area is NOT in a Special Flood Hazard Area, the issuance of a building permit for any part of the area subsequent thereto shall be subject to the applicant’s agreement to indemnify, hold harmless, and defend the Town of Trophy Club, the Town Engineer, and the Floodplain Administrator for any adverse consequences resulting from or related to such determination. 6. Notify in Riverine situations, adjacent communities, and the State Coordinating Agencies, which are Texas Commission on Environmental Quality (TCEQ), and the Texas Water Commission, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). 7. Assure that the Flood-carrying capacity with the altered or relocated portion of any watercourse is maintained or increased. 8. When Base Flood Elevation data has not been provided in accordance with Section 1.06(A), the Floodplain Administrator shall obtain, review and reasonably utilize Base Flood Elevation data and Flood elevation data which shall be provided in the form of a Hydrologic and Hydraulic Flood Elevation Study from the developer and/or property owner. The study shall be performed and sealed by a Registered Professional Engineer. Chapter 4 – Flood Prevention 9. When a Regulatory Floodway has not been designated, the Floodplain Administrator must require that no New Construction, Substantial Improvements, or other Development (including fill) shall be permitted within Zones A1-30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed Development, when combined with all other existing and anticipated Development, will not increase the Water Surface Elevation of the Base Flood more than one foot (1’) at any point within the community. If the provisions of this paragraph are exceeded, all of the requirements of NFIP Regulation Section 65.12 must be accomplished prior to the commencement of Development. C. Permit Procedures 1. Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by the Floodplain Administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the exact location, dimensions, and elevation of proposed landscape alterations, existing and proposed Structures, including the placement of Manufactured Homes, and the location of the foregoing in relation to Areas of Special Flood Hazard. Additionally, the following information is required: a. Elevation (in relation to Mean Sea Level) of the Lowest Floor (including Basement) of all new and substantially improved Structures. b. Elevation in relation to Mean Sea Level to which any nonresidential Structure shall be Floodproofed; c. A FEMA Elevation Certificate from a registered professional engineer or surveyor that the non-residential Floodproofed Structure shall meet the Floodproofing criteria of Section 108 (B)(2) of this Article; d. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed Development; e. Maintain a record of all such information in accordance with Section 1.07(B)(1) of this Article. f. Neighboring communities that are known to be affected by proposed Development in a watercourse that are in a Special Flood Hazard Area shall be notified of any proposed alterations prior to construction. 2. Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this Article and the following relevant factors: a. The danger of life and property due to Flooding or erosion damage; b. The susceptibility of the proposed facility and its contents to Flood damage and the effect of such damage on the individual owner; c. The danger that materials may be swept onto other lands to the injury of other persons or property; d. The compatibility of the proposed use with existing and anticipated Development; e. The safety of access to the property in times of Flood for ordinary and emergency vehicles; Chapter 4 – Flood Prevention f. The costs of providing governmental services during and after Flood conditions including maintenance and repair of streets, bridges, public utilities; and facilities such as sewer, gas, electrical and water systems; g. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and effects of wave action, if applicable, expected at the site; h. The necessity to the facility of a waterfront location, where applicable; i. The availability of alternative locations, not subject to Flooding or erosion damage, for the proposed use; j. The relationship of the proposed use to the comprehensive plan for that area. k. No more than one (1) building shall be constructed per acre of Floodplain. l. The cumulative effects of Development and the associated loss of storm water storage and/or detention. D. Variance Procedures 1. The Building Appeals Board as appointed by the Town Council shall hear and render judgment on requests for Variances from the requirements of this Article. Upon consideration of the factors noted in this Section and the intent of this Article, the Building Appeals Board may attach such conditions to the granting of Variances, as it deems necessary to further the purpose and objectives of Section 1.04 of this Article. 2. The Building Appeals Board shall hear and render judgment on an Appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Article provided that written notice of such Appeal is filed with the Floodplain Administrator within ten (10) business days of the date of the decision or a determination by the Floodplain Administrator. 3. Any person or persons aggrieved by the decision of the Building Appeals Board may Appeal such decision in the courts of competent jurisdiction. 4. The Floodplain Administrator shall maintain a record of all actions involving an Appeal and shall report Variances to the Federal Emergency Management Agency upon request. 5. Variances may be issued for the reconstruction, rehabilitation or restoration of Structures listed on the National Register of Historic Places or the State Inventory of History Places, without regard to the procedures set forth in the remainder of this Article. 6. Variances may be issued for New Construction and Substantial Improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing Structures constructed below the Base Flood level, providing the relevant factors in Section 1.07(C)(2) of this Article have been fully considered. As the lot size increases beyond one- half acre, the technical justification required for issuing the Variance increases. 7. Variances shall not be issued within any designated Floodway if any increase in Flood levels during the Base Flood discharge would result. 8. Variances may be issued for the repair or rehabilitation of Historic Structures upon a determination that the proposed repair or rehabilitation will not preclude the Structure’s continued designation as a Historic Structure and the Variance is the minimum necessary to Chapter 4 – Flood Prevention preserve the historic character and design of the Structure. 9. Prerequisites for granting Variances are as follows: a. Variances may only be issued upon a determination that the Variance is the minimum necessary, considering the Flood hazard, to afford relief. b. Variances may only be issued upon, i. Showing a good and sufficient cause; ii. A determination that failure to grant the Variance would result in exceptional hardship to the applicant, and, iii. A determination that the granting of a Variance will not result in increased Flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or Code of Ordinances. c. The granting of a Variance by the Building Appeals Board is contingent upon meeting all requirements of NFIP Regulation, Section 65.12 prior to the commencement of any Development. 10. Variances may be issued by the Town for New Construction and Substantial Improvements and for other Development necessary for the conduct of a Functionally Dependent Use provided that: a. The criteria outlined in Section 1.07(D)(1-9) of this Article are met, and b. The Structure or other Development is protected by methods that minimize Flood damages during the Base Flood and create no additional threats to public safety. 11. Written notice shall be mailed by certified mail, return receipt requested, to an applicant prior to the granting of a Variance, stating that should a Structure be permitted to be built with the Lowest Floor elevation below the standard minimum floor elevation, the cost of flood insurance will be commensurate with the increased risk resulting from the reduced Lowest Floor elevation. Such notice shall be effective upon deposit in United States mail. (Ord. No. 1997-05, Article IV, 3-18-97 Repealed by Ord. No. 2005-18, § VIII, 7-18-05) Chapter 4 – Flood Prevention Section 1.08 Provisions for Flood Reduction A. In all Areas of Special Flood Hazards, the following provisions are required for all New Construction and Substantial Improvements: 1. All New Construction or Substantial Improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movements of the Structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; 2. All New Construction or Substantial Improvements shall be constructed by methods and practices that minimize Flood damage; 3. All New Construction or Substantial Improvements shall be constructed with materials resistant to Flood damage; 4. All New Construction or Substantial Improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of Flooding; 5. All new and replacement water supply systems shall be designated to minimize or eliminate infiltration of floodwaters into the system; 6. All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; 7. All new and replacement on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during Flooding; and, 8. All new critical facilities, such as emergency centers, hospitals, fire stations, power stations, hazardous materials storage sites or other sites determined by the Town, are prohibited from the 500-year Floodplain. B. Specific Standards In all Areas of Special Flood Hazards where Base Flood Elevation data has been provided as set forth in Section 1.06(A), Section 1.07(B)(8), or Section 1.08(C)(3), the following provisions are required: 1. Residential Construction: New Construction and Substantial Improvement of any residential Structure shall have the Lowest Floor (including Basement), elevated a minimum of two feet (2’) or more above the Base Flood Elevation. A registered professional engineer or land surveyor shall submit a FEMA Floodplain elevation certification to the Floodplain Administrator that the standard of this subsection, as proposed in Section 1.07(C)(1)(a), is satisfied. 2. Nonresidential Construction: New Construction and Substantial Improvements of any commercial, industrial or other nonresidential Structure shall either have the Lowest Floor (including Basement) elevated two feet (2’) or more above the Base Flood level or together with attendant utility and sanitary facilities, shall be designed so that below this level (minimum two feet (2’) above the Base Flood Elevation) the Structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, Chapter 4 – Flood Prevention specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification, which includes the specific elevation (in relation to Mean Sea Level) to which such Structures are Floodproofed, shall be maintained by the Floodplain Administrator. 3. Enclosures: New Construction and Substantial Improvements, with fully enclosed areas below the Lowest Floor that are usable solely for parking of vehicles, building access or storage in any area other than a Basement and which are subject to Flooding shall be designed to automatically equalize hydrostatic Flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a. A minimum of two (2) openings on separate walls having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to Flooding shall be provided. b. The bottom of all openings shall be no higher than one foot (1’) above grade. c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 4. Manufactured Homes a. No Manufactured Home will be allowed to be placed in a Floodway. b. Require that all Manufactured Homes to be placed within Zone A on a community’s FHBM or FIRM shall be installed using methods and practices that minimize Flood damage. For the purposes of this requirement, Manufactured Homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. c. Require that all Manufactured Homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community’s FIRM on sites: i. Outside of a Manufactured Home park or subdivision, ii. In a new Manufactured Home park or subdivision, iii. In an expansion to an Existing Manufactured Home Park or Subdivision, or iv. In an Existing Manufactured Home Park or Subdivision on which a Manufactured Home has incurred “Substantial Damage” as a result of a Flood, be elevated on a permanent foundation such that the Lowest Floor of the Manufactured Home is elevated to a minimum of two feet (2’) above the Base Flood Elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. d. Require that Manufactured Homes be placed or substantially improved on sites in an Existing Manufactured Home Park or Subdivision with Zones A1-30, AH and AE on the community’s FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either: i. The Lowest Floor of the Manufactured Home is a minimum of two feet (2’) at or Chapter 4 – Flood Prevention above the Base Flood Elevation, or ii. The Manufactured Home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than thirty-six inches (36”) in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 5. Recreational Vehicles a. Require that Recreational Vehicles placed on sites within Zones A1-30, AH, and AE on the community’s FIRM either: i. Be on the site for fewer than one-hundred eighty (180) consecutive days or ii. Be fully licensed and ready for highway use, or iii. Meet the permit requirements of Section 1.07(C)(1), and the elevation and anchoring requirements for “Manufactured Homes” in Paragraph 4 of this section. A Recreational Vehicle is ready for highway use if it is on its wheels or jacking system; is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. 6. Floodplain Compensation a. Whenever any portion of a Floodplain is authorized for use, the space occupied by the authorized fill or Structure below the Base Flood Elevation shall be compensated for by a hydraulically equivalent volume of excavation taken from below the Base Flood Elevation. All such excavations shall be constructed to drain freely to the watercourse. 7. Floodplain Protection a. Engineered Fill – All new buildings constructed in Zone A, A1-30, AH and AE on the community’s FIRM must be constructed on properly designed and compacted fill. C. Standards for Subdivision Proposals 1. All subdivision proposals including the placement of Manufactured Home Parks and Subdivisions shall be consistent with Sections 1.01 and 1.04, of this Article. 2. All proposals for the Development of subdivisions including the placement of Manufactured Home Parks and Subdivisions shall meet Floodplain Development Permit requirements of Section 1.06(C); Section 1.07(C); and the provisions of Section 1.08 of this Article. 3. Base-Flood Elevation data shall be generated for subdivision proposals and other proposed Development including the placement of Manufactured Home parks and subdivisions which are greater than fifty (50) lots or five (5) acres, whichever is lesser, if not otherwise provided pursuant to Section 1.06(A) or Section 1.07(B)(8) of this Article. 4. All subdivision proposals including the placement of Manufactured Home Parks and Subdivisions shall have adequate drainage provided to reduce exposure to Flood hazards. 5. All subdivision proposals including the placement of Manufactured Home Parks and Subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate Flood damage. Chapter 4 – Flood Prevention 6. Compensatory Storage requirement (cut and fill) is required by developers to compensate for the loss of conveyance (storage) caused by filling in the Floodplain fringe by removing the hydraulically equivalent amount of material in the Floodplain near the proposed Development. This will help to maintain Flood storage and ensure that floodwaters will not be displaced onto another property as the result of a Floodplain fill. D. Floodways Floodways located within Areas of Special Flood Hazard established in Section 1.06(A), are areas designated as Floodways. Since the Floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles and erosion potential, the following provisions shall apply: 1. Encroachments are prohibited, including fill, New Construction, Substantial Improvements and any other Development within the adopted Regulatory Floodway. 2. If a Variance to Section 1.08(D)(1) above is granted, all New Construction and Substantial Improvements shall comply with all applicable Flood hazard reduction provisions of this Section and all of the requirements of NFIP Regulation, Section 65.12 must be accomplished prior to the commencement of Development. (Ord. No. 1997-05, Article V, 3-18-97 Repealed by Ord. No. 2005-18, § IX, 7-18-05) Chapter 4 – Flood Prevention Section 1.09 Penalty No Structure or land shall hereafter be erected, located, extended, modified, converted, altered, or have its use changed without full Compliance with the terms of this Article and other applicable laws, codes and regulations. Violation of the provisions of this Article by failure to comply with any of its requirements (including Violations of conditions and safeguards established in connection with conditions) will constitute a misdemeanor. Any person who violates this Article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more that two thousand dollars ($2,000.00) for each Violation, and each and every day the Violation occurs shall constitute a separate Violation. Nothing herein contained in this section or any other section of this article shall prevent the Town of Trophy Club from taking such other lawful action as is necessary to prevent or remedy any Violation, including but not limited to refusal to approve a plat or issue a building permit, or to obtain injunctive relief against the violator pursuant to Texas Civ. Stat. Ann Art. 1175f (Vernon’s 1986) or any other statute, or any other legal remedy available to the Town. (Ord. No. 2005-18, § X, 7-18-05) Chapter 4 – Flood Prevention Chapter 5 – General Land Use Chapter 5 - General Land Use Chapter 5 – General Land Use Article I Mobile Home & HUD-Code Manufactured Home Placement and Replacement Section 1.01 Definitions For the purpose of this Article, the words and phrases defined shall be construed in accordance with the definitions set forth hereinafter unless it is apparent from the context that a different meaning is intended: Boat: Any and all watercraft structure which is designed for carrying persons or property upon a body of water. HUD-Code Manufactured Home: A structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width and 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or with a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. Mobile Home: A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width and 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. Recreational Vehicle: Any motor vehicle or trailer designed and used as a travel trailer, camper, tent trailer, camping trailer or for any similar purpose. Trailer: A vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle and includes, but not limited to, semi-trailers, pole trailers, and house trailers as those terms are defined in Texas Transportation Code § 541.201 (Vernon 1998), as amended. (Ord. No. 1999-02 § I, 1-19-99 Repealed by Ord. No. 2002-36 § I, 10-7-02) Chapter 5 – General Land Use Section 1.02 Mobile Homes It shall be unlawful for any person to install, construct, erect, maintain, place or locate any mobile home within the corporate limits of the Town of Trophy Club, except that a mobile home shall be allowed in a designated Mobile Home/Modular Home District. (Ord. No. 1999-02 § II, 1-19-99 Repealed by Ord. No. 2002-36 § II, 10-7-02) Chapter 5 – General Land Use Section 1.03 Replacement of Mobile Homes It shall be unlawful for any person to replace a mobile home, as that term is defined in Article 5221f of the Texas Revised Civil Statutes, as amended, with another mobile home. A mobile home may be replaced with a HUD-Code manufactured home, provided a permit is secured from the Town prior to such replacement. (Ord. No. 1999-02 § III, 1-19-99 Repealed by Ord. No. 2002-36 § III, 10-7-02) Chapter 5 – General Land Use Section 1.04 HUD-Code Manufactured Homes It shall be unlawful for any person to install, construct, erect, maintain, place, locate, extend or alter any mobile home within the Town; and it shall be unlawful for any person to install, construct, erect, maintain, place, locate, extend or alter any HUD-code manufactured home within the corporate limits of the town unless such person holds a valid permit issued by the Town Building Official or his designee in the name of such person for the specific construction, erection, maintenance, placement, location, placement, location, extension or alteration. (Ord. No. 1999-02 § IV, 1-19-99 Repealed by Ord. No. 2002-36 § IV, 10-7-02) Chapter 5 – General Land Use Section 1.05 Application A. All applications for permits shall contain the following: 1. Name and address of the applicant; 2. Location and legal description of the HUD-code manufactured home or designated Mobile Home Park; 3. A description of the HUD-code manufactured home; 4. Such other information as the Town officials reviewing the application may require. (Ord. No. 1999-02 § V, 1-19-99 Repealed by Ord. No. 2002-36 § V, 10-7-02) Chapter 5 – General Land Use Section 1.06 Boats and Trailers Tied Into Utility Service It shall be unlawful for any person to locate or maintain any boat or trailer which is tied into utility service within the Town, except that trailers used exclusively in conjunction with construction projects shall not be subject to the prohibition of this section. Such construction trailers shall be located on the construction site and must be removed from said site no later than seven (7) days after completion of construction. (Ord. No. 1999-02 § VI, 1-19-99 Repealed by Ord. No. 2002-36 § VI, 10-7-02) Chapter 5 – General Land Use Section 1.07 Maintaining Heavy Vehicles, Boats and Trailers It shall be unlawful for any person who is a resident of the Town to locate or maintain any truck or commercial vehicle with a manufacturer’s rated classification of greater than one and one-half (1 ½) tons, boat, or trailer within the Town for more than two (2) days per month unless the truck or commercial vehicle, boat, or trailer is enclosed by a fence no greater than six feet (6’) in height or a garage and is not visible from a public street, provided, however, that a truck or commercial vehicle, boat, or trailer shall be deemed enclosed by a fence when no more than eighteen inches (18’) of such truck, commercial vehicle, boat or trailer is visible above the top of the fence. (Ord. No. 1999-02 § VII, 1-19-99 Repealed by Ord. No. 2002-36 § VII, 10-7-02) Chapter 5 – General Land Use Section 1.08 Recreational Vehicles A. It shall be unlawful for any resident to locate or maintain a recreational vehicle within the Town for more than two (2) days per month unless such recreational vehicle is located within a fully enclosed structure. For purposes of this section, “structure” shall mean an enclosed building with four walls and a roof which is constructed of material allowed for accessory structures in the Town’s Zoning Ordinance for the zoning district in which the structure is located and such term does not include a tarp or other cloth coverage. B. Any guest of a resident of the Town may locate a recreational vehicle within the Town for a period not to exceed forty-eight (48) consecutive hours. It shall be unlawful for any such guest to locate a recreational vehicle in the Town for a period exceeding forty-eight hours. C. Any resident who has a guest who will locate a recreational vehicle within the Town as described in Section 1.08(B) must register such recreational vehicle with the Planning and Zoning Administrator before the time said recreational vehicle is located within the Town. Such registration shall consist of the address the recreational vehicle shall be located, the duration the recreation vehicle is to remain at the address, and the name of the person who resides at the resident. (Ord. No. 1999-02 § VIII, 1-19-99 Repealed by Ord. No. 2002-36 § VIII, 10-7-02) Chapter 5 – General Land Use Section 1.09 Presumption When any truck or commercial vehicle, recreational vehicle, boat or trailer is found located or parked in violation of any provision of this Article or other Codes of the Town, such fact shall be prima facie evidence that the person in whose name it is registered located or parked the said vehicle. (Ord. No. 1999-02 § IX, 1-19-99 Repealed by Ord. No. 2002-36 § IX, 10-7-02) Chapter 5 – General Land Use Section 1.10 Penalty Any person, firm, corporation or association violating any of the provisions of this Article shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the Town shall be subject to a fine not to exceed five hundred dollars ($500.00) for each offense, and each and every day that the premises shall remain in condition in violation of the terms of this Article shall constitute a continuing and separate offense, subject to application of the full penalty contained herein. (Ord. No. 1999-02 § XII, 1-19-99 Repealed by Ord. No. 2002-36 § X, 10-7-02) Chapter 5 – General Land Use Article II Sexually Oriented Businesses Section 2.01 Purpose and Intent It is the purpose of this Article to regulate sexually oriented businesses to promote the heath, safety, and general welfare of the citizens of the Town, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the Town. The provisions of this Article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this Article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. (Ord. No. 1998-07 § I, 4-7-98) Chapter 5 – General Land Use Section 2.02 Definitions Unless otherwise provided for herein, the following terms shall have the respective meanings ascribed to them. Adult Arcade: Any place to which the public is permitted or invited wherein coin-operated or slug- operated or electronically, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas.” Adult Bookstore or Adult Video Store: A commercial establishment which as one of its principal business purposes openly advertises or displays or offers for sale or rental for any form of consideration any one or more of the following: 1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe “specified sexual activities” or “Specified anatomical areas”; or 2. Instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities.” Adult Cabaret: A nightclub, bar, restaurant, or similar commercial establishment which regularly features: 1. Persons who appear in a state of nudity or semi-nudity; or 2. Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or 3. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified anatomical areas” or by “specified sexual activities”; or Adult Motel: A hotel, motel or similar commercial establishment which: 1. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; and has a sign visible from the public right of way which advertises the availability of this type of photographic reproductions; or 2. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or 3. Allow a tenant or occupant of sleeping room to subrent the room for a period of time that is less than ten (10) hours. Adult motion Picture Theater: A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.” Adult Theater: A theater, concert hall, auditorium, or similar commercial establishment which regularly Chapter 5 – General Land Use features person who appear in a state of nudity or semi-nudity or live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.” Commission: The Planning and Zoning Commission of the Town of Trophy Club. Escort: A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or privately perform a striptease for another person. Escort Agency: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration. Establishment: Means and includes any of the following: 1. The opening or commencement of any sexually oriented business as a new business; 2. The conversion of an existing business, whether or not a sexually oriented business, to a sexually oriented business; 3. The addition of any sexually oriented business to any other existing sexually oriented business; or 4. The relocation of any sexually oriented business. Licensee: A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license. Nude Model Studio: Any place where a person who appears in a state of nudity or semi-nudity or displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any other form of consideration. Nudity or a State of Nudity: The appearance of a human bare buttock, anus male genitals, female genitals, or female breast. Person: An individual, proprietorship, trust, partnership, corporation, association, or other legal entity. Principal Business: An establishment having a twenty percent (20%) or greater interest of its stock and trade in books, magazines and other periodicals of which said books, magazines and other periodicals are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” or a twenty percent (20%) or greater interest in other sexually related activities as defined by this Article. School: Any public or private nursery, preschool, day care center, learning center, elementary or secondary school. Semi-Nude: A state of dress in which clothing covers more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices. Sexual Encounter Center: A business or commercial enterprise that regularly offers for any form of consideration: 1. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or 2. Activities between male and female persons and / or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude. Chapter 5 – General Land Use Sexually Oriented Business: An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center. Specified Anatomical Areas: Human genitals in a state of sexual arousal. Specified Sexual Activities: Means and includes any of the following: 1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or 3. Masturbation, actual or simulated; or 4. Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) above. Substantial Enlargement of A Sexually Oriented Business: The increase in floor area occupied by the business by more than twenty percent (20%), as the floor area exists on the effective date of this Article. Transfer of Ownership of Control of A Sexually Oriented Business: Means and includes any of the following: 1. The sale, lease or sublease of the business; 2. The transfer of securities or other ownership interest which constitute a direct, indirect, legal, equitable or beneficial controlling interest in the business, whether by sale, exchange, or similar means; or 3. The establishment of a trust, gift or other similar legal device which transfers the direct, indirect, legal, equitable or beneficial ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control to a person meeting all the requirements of Section 2.06 of this Article, who shall have notified the Commission of the transfer and furnished all of the information required to be submitted in an application for a license, within sixty (60) days of the transfer. (Ord. No. 1998-07 § II, 4-7-98) Chapter 5 – General Land Use Section 2.03 Classification A. Sexually oriented business is defined and classified as any commercial establishment operating in the Town, in whole or in part, as any one or more of the following: 1. Adult arcade; 2. Adult bookstore or adult store; 3. Adult cabaret; 4. Adult motel; 5. Adult motion picture theater; 6. Adult theaters 7. Escort agency 8. Nude model studio; and / or 9. Sexual encounter center. (Ord. No. 1998-07 § III, 4-7-98) Chapter 5 – General Land Use Section 2.04 License Required A. A person commits an offense if the person operates a sexually oriented business without a valid license issued by the Town for the particular type of business. B. An application for a license must be made on a form provided by the Commission. The application form shall be sworn to and shall include: 1. The name and address of the applicant; 2. State whether or not the applicant meets each of the requirements set forth in Section 2.05 of this Article; 3. The name and address of each person required to sign the application pursuant to Section 2.04(D) of this Article, and the name, address and type of entity (if applicable) of each person or entity owned or controlled by such person which owns or controls an interest in the business to be licensed; and 4. Such other matters, consistent with this Article, as may be specified in the application form. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. Applicants who must comply with Section 2.19 of this Article shall submit a diagram meeting the requirements of Section 2.19. C. The applicant must be qualified according to the provisions of this Article and the premises must be inspected and found to be in compliance with the law by the fire department and building official. D. If a person who wishes to operate a sexually oriented business is an individual, the person must sign an application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who directly or indirectly through one or more intermediaries, owns or controls a ten percent (10%) or greater interest in the business must sign and submit, as an applicant, a separate application containing all applicable information required by Section 2.04(B) of this Article. Each applicant must be qualified under Section 2.05 and each applicant shall be considered a licensee if a license is granted. (Ord. No. 1998-07 § IV, 4-7-98) Chapter 5 – General Land Use Section 2.05 Issuance of License A. The Commission shall approve the issuance of and shall issue a license to an applicant or the transfer by an applicant of all or any part of the applicant’s ownership or control of a sexually oriented business within thirty (30) days after receipt of an application unless the Commission finds one or more of the following to be true: 1. An applicant is under eighteen (18) years of age. 2. An applicant or an applicant’s spouse is overdue in their payment to the Town of taxes, fees, fines, or penalties assessed against them or imposed upon them in relation to a sexually oriented business. 3. An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form. 4. An applicant or an applicant’s spouse has been convicted of a violation of a provision of this Article, other than the offense of operating a sexually oriented business without a license, within two (2) years immediately preceding the application. The fact that a conviction is being appealed shall have no effect. 5. An applicant is residing with a person who has been denied a license by the Town to operate a sexually oriented business within the preceding twelve (12) months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months. 6. The premises to be used for the sexually oriented business are not in compliance with applicable zoning laws or have not been approved by the fire department and the building official as being in compliance with applicable laws and Codes. 7. The license fee required by this Article has not been paid. 8. An applicant or the proposed establishment is in violation of or is not in compliance with Sections 2.07, 2.13, 2.15, 2.16, 2.17, 2.18, or 2.20 of this Article. 9. An applicant or an applicant’s spouse has been convicted of a crime: a. Involving: 1. Any of the following offenses as described in Chapter 43 of the Texas Penal Code: i. Prostitution; ii. Promotion of prostitution; iii. Aggravated promotion of prostitution; iv. Compelling prostitution; v. Obscenity; vi. Sale, distribution, or display of harmful material to minor; Chapter 5 – General Land Use vii. Sexual performance by a child; viii. Possession of child pornography 2. Any of the following offenses as described in Chapter 21 of the Texas Penal Code: i. Public lewdness; ii. Indecent exposure; iii. Indecency with a child; 3. Sexual assault or aggravated sexual assault as described in Chapter 22 of the Texas Penal Code; 4. Incest, solicitation of a child, or harboring a runaway child as described in Chapter 25 of the Texas Penal Code; 5. Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses; b. For which: 1. Less than tow (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; 2. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or 3. Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within any twenty-four (24) month period. B. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant’s spouse. C. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. (Ord. No. 1998-07 § V, 4-7-98) Chapter 5 – General Land Use Section 2.06 Fees The annual fee for a sexually oriented business license is Five Hundred Dollars ($500.00). (Ord. No. 1998-07 § VI, 4-7-98) Chapter 5 – General Land Use Section 2.07 Inspection A. At any time it is occupied or open for business, an applicant or license shall permit representatives of the police department, fire department, and building inspection division to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law. B. A person who operates a sexually oriented business, or whose agent or employee operates the same, commits an offense if the person or person’s agent or employee refuses to permit a lawful inspection of the premises by a representative of the above described departments at any time it is occupied or open for business. (Ord. No. 1998-07 § VII, 4-7-98) Chapter 5 – General Land Use Section 2.08 Expiration of License A. Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in Section 2.04 of this Article. Application for renewal should be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the license will not be affected. B. When the Commission denies renewal of a license, the applicant shall not be issued a license for one (1) year from the date of denial. If, subsequent to denial, the Commission finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date denial became final. (Ord. No. 1998-07 § VIII, 4-7-98) Chapter 5 – General Land Use Section 2.09 Suspension The Commission shall suspend a license for a period not to exceed thirty (30) days if the Commission determines that a licensee or an agent or employee of a licensee has: A. Violated or is not in compliance with Sections 2.07, 2.12, 2.13, 2.15, 2.16, 2.17, 2.18, 2.19 or 2.20 or this Article; B. Engaged in the use of alcoholic beverages while on the sexually oriented business premises (unless such use is otherwise permitted by law); C. Refused to allow an inspection of the sexually oriented business premises as authorized by this Article; D. Knowingly permitted gambling by any person on the sexually oriented business premises; E. Demonstrated inability to operate or manage a sexually oriented business in a peaceful and law- abiding manner thus necessitating action by law enforcement officers. (Ord. No. 1998-07 § IX, 4-7-98) Chapter 5 – General Land Use Section 2.10 Revocation A. The Commission shall revoke a license if a cause of suspension in Section 2.09 of this Article occurs and the license has been suspended within the preceding twelve (12) months. B. The Commission shall revoke a license if the Commission determines that: 1. A license gave false or misleading information in the material submitted to the Commission during the application process; 2. A licensee or an agent or employee has knowingly allowed possession, use, or sale of controlled substances on the premises; 3. A licensee or an agent or employee has knowingly allowed prostitution on the premises; 4. A licensee or an agent or employee knowingly operated the sexually oriented business during a period of time when the licensee’s license was suspended; 5. A licensee has been convicted of an offense listed in Section 2.05(A)(9)(a) hereof for which the time period required in Section 2.05(A)(9)(b) hereof has not elapsed; 6. On two (2) or more occasions within a twelve (12) month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in Section 2.05 (A)(9)(a) hereof, for which a conviction has been obtained, and the person or persons were agents or employees of the sexually oriented business at the time the offenses were committed; 7. A licensee or an agent or employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the licensed premises. The term “sexual contact” shall have the same meaning as it is defined in Section 21.01 of the Texas Penal Code; or 8. A licensee is delinquent in payment to the Town for hotel occupancy taxes, ad valorem taxes, or sales taxes related to the sexually oriented business. C. The fact that a conviction is being appealed shall have no effect on the revocation of the license. D. Subsection (B)(7) hereof does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view. E. When the Commission revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a sexually oriented business license for one (1) year from the date revocation became effective. If, subsequent to revocation, the Commission finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. If the license was revoked under Section 2.10(B)(5) hereof, an applicant may not be granted another license until the appropriate number of years required under Section 2.05(A)(9)(b) hereof has elapsed since the termination of any sentence, parole, or probation. Chapter 5 – General Land Use (Ord. No. 1998-07 § X, 4-7-98) Chapter 5 – General Land Use Section 2.11 Appeal If the Commission denies the issuance of a license, or suspends or revokes a license, the Commission shall send to the applicant, or licensee, by certified mail, return receipt requested, written notice of the action and the right to an appeal. The aggrieved party may appeal the decision of the Commission to the Town Council. The filing of an appeal stays the action of the Commission in suspending or revoking a license until the Town Council makes a final decision. If within a ten (10) day period the Commission suspends, revokes or denies issuance of any license for any other sexually oriented business at the same location, then the Commission may consolidate the request for appeals of those actions into one (1) appeal. (Ord. No. 1998-07 § XI, 4-7-98) Chapter 5 – General Land Use Section 2.12 Transfer of License A licensee, including any applicant for a license, shall not transfer his / her license of all or any part of his/her ownership or control of a sexually oriented business to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application. (Ord. No. 1998-07 § XII, 4-7-98) Chapter 5 – General Land Use Section 2.13 Location of Sexually Oriented Businesses A. A person commits an offense if the person operates or causes to be operated a sexually oriented business within one thousand feet (1,000’) of: 1. A church; 2. A School; 3. A boundary of a residential district or a NS Neighborhood Service district as defined by the Comprehensive Zoning Ordinance of the Town of Trophy Club; 4. A public park; 5. The property line of a lot devoted to residential use; or 6. Any county, state or federally owned or controlled land used for public recreation. B. A person commits an offense if said person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business located within one thousand feet (1,000’) of another sexually oriented business. C. A person commits an offense if said person causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business. D. For the purposes of subsection (A) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or School, or to the nearest boundary of an affected public park, residential district, or residential lot. E. For purposes of subsection (B) of this section, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. F. Any sexually oriented business lawfully operating on the effective date of this Article, that is in violation of subsections (A), (B), or (C) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed six (6) months, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within one thousand feet (1,000’) of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the latter-established business(es) is nonconforming. G. A sexually oriented business lawfully operating as a conforming use is not rendered a Chapter 5 – General Land Use nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, School, public park, residential district, or residential lot within one thousand feet (1000’) of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked. (Ord. No. 1998-07 § XIII, 4-7-98) Chapter 5 – General Land Use Section 2.14 Exemption from Location Restrictions A. If the Commission denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of Section 2.13 of this Article then the applicant may, not later than ten (10) calendar days after receiving notice of the denial, file with the Town Secretary a written request for an exemption from the locational restrictions of Section 2.13. B. If the written request is filed with the Town Secretary within the ten (10) day limit, then he Town Council shall consider the request. The Town Secretary shall set a date for the hearing within sixty (60) days from the date the written request is received. C. A hearing by the Town Council may proceed if a quorum is present. The Town Council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply. D. The Town Council may, in its discretion, grant an exemption from the locational restrictions of Section 2.13 of this Article if it makes the following findings: 1. That the location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare; 2. That the granting of the exemption will not violate the spirit and intent of this Article; 3. That the location of the proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight; 4. That the location of an additional sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration; and 5. That all other applicable provisions of this Article will be observed. E. The Town Council shall grant or deny the exemption by a majority vote. Failure to reach a majority vote shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the permit and license appeal by the Town Council is final. F. If the Town Council grants the exemption, the exemption is valid for one (1) year from the date of the Town Council’s action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of Section 2.13 until the applicant applies for and receives another exemption. G. If the Town Council denies the exemption, the applicant may not re-apply for an exemption until at least twelve (12) months have elapsed since the date of the Town Council’s action. H. The grant of an exemption does not exempt the applicant from any other provisions of this Article other than the locational restrictions of Section 2.13. Chapter 5 – General Land Use (Ord. No. 1998-07 § XIV, 4-7-98) Chapter 5 – General Land Use Section 2.15 Additional Regulations for Nude Escort Agencies A. An escort agency shall not employ any person under the age of eighteen (18) years. B. A person commits an offense if said person acts as an escort or agrees to act as an escort for any person under the age of eighteen (18) years. (Ord. No. 1998-07 § XV, 4-7-98) Chapter 5 – General Land Use Section 2.16 Additional Regulations for Nude Model Studios A. A nude model studio shall not employ any person under the age of eighteen (18) years. B. A person under the age of eighteen (18) years commits an offense if said person appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under the age of eighteen (18) years was in a restroom not open to public view or persons of the opposite sex. C. A person commits an offense if said person appears in a state of nudity or knowingly allows another person to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right of way. D. A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public. (Ord. No. 1998-07 § XVI, 4-7-98) Chapter 5 – General Land Use Section 2.17 Additional Regulations for Adult Theaters and Adult Motion Picture Theaters A. A person commits an offense if said person knowingly allows a person under the age of eighteen (18) years to appear in a state of nudity or semi-nudity in or on the premises of an adult theater or adult motion picture theater. B. A person under the age of eighteen (18) years commits an offense if said person knowingly appears in a state of nudity or semi-nudity in or on the premises of an adult theater or adult motion picture theater. C. It is a defense to prosecution under subsection (A) and (B) of this section if the person under eighteen (18) years was in a restroom not open to public view or persons of the opposite sex. (Ord. No. 1998-07 § XVII, 4-7-98) Chapter 5 – General Land Use Section 2.18 Additional Regulations for Adult Models A. Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this Article. B. A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license, said person rents or subrents a sleeping room to a person and, within ten (10) hours from the time the room is rented, said person rents or subrents the same sleeping room again. C. For purposes of subsection (B) of this section, the terms “rent” or “subrent” mean the act of permitting a room to be occupied for any form of consideration. (Ord. No. 1998-07 § XVIII, 4-7-98) Chapter 5 – General Land Use Section 2.19 Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos A. A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specific anatomical areas, shall comply with the following requirements: 1. Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager’s stations, the location of all overhead lighting fixtures and switches, which lights are controlled by which switches, and designating any portion of the premises in which patrons will not be permitted. Only agents or employees shall have access to light switches. A manager’s station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required, however each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches (6”). The Commission may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. 2. The application shall be sworn to be true and correct by the applicant. 3. No alteration in the configuration or location of a manger’s station may be made without the prior approval of the Commission. 4. It is the duty of the owners and operator of the premises to ensure that at least one (1) agent or employee is on duty and situated in each manager’s station at all times that any patron is present inside the premises. 5. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two (2) or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one (1) of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station. 6. It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present in the premises to ensure that: a. The view area specified in subsection (5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises, and b. No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (1) of this section. 7. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to Chapter 5 – General Land Use illuminate every place to which patrons are permitted access at an illumination of not less than one (1.0) footcandle as measured at the floor level. 8. It shall be the duty of the owners and operators and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above, is maintained at all times when any patron is present in the premises. B. A person having a duty under subsections (A)(1) through (8) above commits an offense if said person knowingly fails to fulfill that duty. (Ord. No. 1998-07 § XIX, 4-7-98) Chapter 5 – General Land Use Section 2.20 Display of Sexually Explicit Material to Minors A. A person commits an offense if, in a business establishment open to persons under the age of seventeen (17) years, he displays a book, pamphlet, newspaper, magazine, film, or video cassette, the cover of which depicts, in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain, any of the following: 1. Human sexual intercourse, masturbation, or sodomy; 2. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts; 3. Less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of the areola; or 4. Human male genitals in a discernible turgid state, whether covered or uncovered. B. In this section “display” means to locate an item in such a manner that, without obtaining assistance from an agent or employee of the business establishment: 1. It is available to the general public for handling and inspection; or 2. The cover, outside packaging, or contents of the item is visible to members of the general public. (Ord. No. 1998-07 § XX, 4-7-98) Chapter 5 – General Land Use Section 2.21 Enforcement A. Except as provided by subsection B, any violation of Section 2.13 of this Article, upon conviction, is punishable by a fine not to exceed Two Thousand Dollars ($2,000) for each offense and a separate offense shall be deemed committed upon each day during on or which a violation occurs. B. If the sexually oriented business involved is a nude model studio or sexual encounter center, then violation of Section 2.04(A) or 2.13 of this Article is punishable as a Class B misdemeanor. C. Except as provided by subsection B, violation of any provision of this Article other than Section 2.13, upon conviction, is punishable by a fine not to exceed Five Hundred Dollars ($500) for each offense and separate offense shall be deemed committed upon each day during or on which a violation occurs. D. It is a defense to prosecution under Sections 2.04(A), 2.13 or 2.16(D) that a person appearing in a state of nudity or semi-nudity did so in a modeling class operated: 1. By a proprietary school licensed by the State of Texas, a college, junior college, or university supported entirely or partly by taxation; 2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or 3. In a structure: a. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and b. Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and c. Where no more than one (1) nude or semi-nude model is on the premises at any one time. E. It is a defense to prosecution under Sections 2.04(A) or 2.13 of this Article that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value. (Ord. No. 1998-07 § XXI, 4-7-98) Chapter 5 – General Land Use Section 2.22 Injunctive Relief A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of Section 2.13 of this Article is subject to a suit for injunction as well as prosecution for criminal violations. (Ord. No. 1998-07 § XXII, 4-7-98) Chapter 5 – General Land Use Section 2.23 Amendment to this Article Sections 2.13 and 2.14 of this Article may be amended only after compliance with the procedure required to amend a Zoning Ordinance. Other sections of this Article may be amended by vote of the Town Council. (Ord. No. 1998-07 § XXII, 4-7-98) Chapter 5 – General Land Use Article III Gravel Pits and Mining Operations Section 3.01 Classification Gravel pits and mining operations existing on the effective date of this Article are hereby classified as a business and may continue to operate only upon receipt of a business zoning classification that includes and encompasses as a principal uses gravel pits and mining operations. Prior to the passage of a Comprehensive Zoning Ordinance, no owner or operator shall operate a gravel pit or mining operation, including any drilling for minerals, without either a special zoning permit or a special limited time permit issued by the Town Council. The Town Council shall establish reasonable and appropriate zoning and permit fees. (Ord. No. 1985-25 § I, 10-14-85) Chapter 5 – General Land Use Section 3.02 Reclamation; Restoration of Land All open gravel pits and mining operations left by excavation of gravel, or other minerals, shall be filled and the land reclaimed within ninety (90) days after the excavations have ceased. The reclamation shall restore the land, generally, to the condition and topography it had prior to the excavation. (Ord. No. 1985-25 § II, 10-14-85) Chapter 5 – General Land Use Section 3.03 Penalty That it shall be unlawful for any person to violate any provision of this Article, and any person violating any provision of this Article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in an amount not to exceed Two Hundred Dollars ($200.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. (Ord. No. 1985-25 § II, 10-14-85) Chapter 5 – General Land Use Article IV Sign Regulations Section 4.01 Definitions Unless otherwise provided for herein, the following terms shall have the respective meanings ascribed to them. Awning: A roof-like structure, usually made of canvas, that serves as a shelter, as over a storefront, window, door or deck. Also, an architectural projection that provides weather protection, identity or decoration, and is supported by the building to which it is attached. Designated Official: The Town Manager or his or her designee. Dilapidated Or Deteriorated Condition: Any sign, which in the reasonable discretion of the Designated Official, has any one or more of the following characteristics: 1. Where elements of the surface or background can be seen, as viewed from the right-of-way, to have portions of the finished material or paint flaked, broken off, or missing, or otherwise not in harmony with the rest of the surface; or 2. Where the structural support or frame members are visibly bent, broken, dented, or torn; or 3. Where the panel is visibly cracked, or in the case of wood and similar products, splintered in such a way as to constitute an unsightly or harmful condition; or 4. Where the sign or its elements are twisted or leaning or at angles other than those at which it was originally erected (such as may result from being blown or by the failure of a structural support); or 5. Where the message or wording can no longer be clearly read by a person with normal eyesight under normal viewing conditions Graffiti: Any marking, including, but not limited to, any inscription, slogan, drawing, painting, symbol, logo, name, character, or figure that is made in any manner on tangible property. Guardian: 1. A person who, under court order, is the guardian of the person of a minor; or 2. A public or private agency with whom a minor has been placed by a court. Height Of Signs: As applied to a sign, height shall be measured as the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and natural grade at the center of the base of the sign Illumination, Direct: Lighting by means of an unshielded light source, including neon tubing, strobes, etc., which is effectively visible as part of the sign, where the light travels directly from the source to the viewers eye. Illumination, Indirect: Lighting by means of a light source, not itself visible, which is directed at a reflecting surface in such a way as to illuminate the sign, or a light source which is primarily designed to illuminate the entire building facade upon which a sign is displayed. Indirect illumination does not include lighting which is primarily used for purposes other than sign illumination, e.g., parking lot lights or lights Chapter 5 – General Land Use inside a building which may silhouette a window sign but which are primarily installed to serve as inside illumination. Illumination, Internal: Lighting by means of a light source which is within a sign having a translucent background, silhouetting opaque letters or designs, or which is within letters or designs that are themselves made of a translucent material. Light Sources: Neon lights, fluorescent lights, incandescent lights, halogen lights and any reflecting surface, which, because of its construction and/or placement becomes in effect a source of light emission. Logo: A design, registered trademark or insignia of an organization, individual, company, or product which is commonly used in advertising to identify that organization, individual, company or product. Masonry: Formed concrete, concrete block, cinder block or similar material with facing added to their exposed surface. Minor: A person under 18 years of age who is not and has not been married or who has not had his disabilities of minority removed for general purposes. Owner: Any person with the legal or equitable right of possession to any property. Parent: The mother, a man presumed to be the biological father or a man who has been adjudicated to be the biological father by a court of competent jurisdiction, or an adoptive mother or father, but does not include a parent as to whom the parent-child relationship has been terminated. Premises: Land, including the building upon it; a building or a part of a building. Private Real Property: land, including land containing structures or other improvements, which is owned by one or more persons, a private institution or organization, a private company or companies or other privately owned businesses. Private real property does not include real property subject to an easement or other encumbrance that allows a municipality to use the property for a public purpose. Property: Any tangible personal or real property. Programmed Electronic Display: Any display in which lamps are used to give information such as, but not limited to, time, temperature, stock market data and which may or may not be electronically programmed to deliver different messages. Raceway: A rectangular tube used for the purpose of enclosing electrical components such as wiring, transformers, etc. Right-Of-Way: A strip of land used or intended to be used, wholly or in part, as a public street, alley, crosswalk, sidewalk, drainage way or other public way. Sign: Any device or surface on which letters, illustrations, designs, figures or symbols are painted, printed, stamped, raised, projected or in any manner outlined or attached, and used for advertising purposes; temporary mobile signs and private directional signs shall be considered signs for purposes of this Article, regardless of the content of the message or wording thereon. Political signs, except as expressly provided herein, mobile advertising, hand-carried signs, and vending machine signs shall not be considered signs for purposes of this Article. Signs include but are not limited to the following: A-Frame/Sandwich Board Sign: A self supporting “A” shaped sign with two visible sides that is situated on or adjacent to a sidewalk. Apartment sign: A sign identifying an apartment building or complex of apartment buildings. Chapter 5 – General Land Use Awning Sign: An awning displaying a business name or logo. Bandit Sign: Handbills, lost and found notices, advertisement sheets, and/or garage sale signs attached to a tree, utility pole, traffic pole, fence post or other feature or structure that is not designed nor intended to be a part of the structure. These do not include warning signs or other signs required by state law to be placed on a utility pole, traffic pole or fence post. Banner Sign: Any advertising device composed primarily of cloth, paper, fabric, or other similar non-rigid material, supported by wire, rope, or similar means. National and state flags and banners not used for commercial purposes, when located wholly on private property, shall not be considered as signs for the purposes of this Article. Billboard Sign: Any flat surface erected on a framework or on any structure, or attached to posts and used, or designed to be used for the display of bills, posters or other advertising material, for the purpose of advertising a business or activity not located on the same premises as the said advertising material. Mobile advertising, hand-carried signs, and political signs shall not be considered a billboard for purposes of this Article. Builder Sign: A temporary on-site sign identifying the builder or general contractor of a residential construction site. Bulletin Board Sign: A permanent on-site sign providing public information to the residential subdivision within which it is located. Business Sign: A permanent on-site sign that is used to identify a business, profession, apartment complex, organization, institution, service, activity or other nonresidential use conducted, sold or offered on the site where such sign is located. This sign may also identify the name of the site or development or may identify the occupants within the site or development. Canopy Sign: A canopy sign is a sign painted or affixed to a roof-like structure that shelters a use such as, but not restricted to, a gasoline pump island, and is supported by either one or more columns or by the building to which it is accessory and is open on two or more sides. Development Sign: A temporary, on-site promotional sign pertaining to the development of land or construction of buildings on the site where the sign is erected. In residential districts, the intent of the sign shall be to promote a subdivision and not any particular builder. Directional Sign: A permanent on-site sign intended to aid in vehicular movement on the site. Directional (Temporary Real Estate) Sign: Off-premise “Open-House” and directional signs intended to direct persons to premises offered for lease or sale. Directory Sign: A sign listing the occupants within a shopping center, retail district, office districts, and commercial sites located on the same premises. Electronic Display Sign: Refer to “Programmed Electronic Display”. Fence Sign: A sign that is affixed or attached to a fence, whether permanent or temporary. Flashing Sign: A sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or any externally mounted light source. Electronic display signs are not considered flashing signs for the purpose of this Article. Government Sign: Signs required by governmental bodies or specifically authorized for a public purpose by any administrative policy or guideline, Code or other law. Such public signs may be of any type, number, area, height, location, or illumination as required by law, statute, or Code. Said Chapter 5 – General Land Use signs may also include traffic or similar regulatory devices, legal notices, warnings at railroad crossings, and other instructional, informative, or regulatory signs having to do with the general welfare, health, and safety of the community. Ground Sign: Any sign connected to the ground by legs, poles, or other supports and which is not an attached, portable, monument, or vehicular sign. Illegal Non-Conforming Sign: A sign which was in violation of any of the Codes of the Town of Trophy Club governing the erection or construction of such a sign at the time of its erection, and which has never been erected or displayed in conformance with all duly enacted Codes, including but not limited to, signs which are pasted, nailed, painted or otherwise unlawfully displayed upon structures, utility poles, trees, fences or other structures. Illuminated Sign: A sign that has characters, letters, figures, designs or outlines illuminated by electrical lights, luminous tubes or other means. Inflatable Sign: A hollow sign expanded or enlarged by the use of air or gas. Institutional Sign: A permanent on-site sign used to identify governmental and municipal agencies, public/private schools, churches, or similar public institutions, and used to communicate messages of public importance to the general public. Legal Non-Conforming Sign: A sign which was lawfully erected and maintained prior to the enactment of the Sign Code and any amendments thereto, and which does not conform to current applicable regulations and restrictions of the Sign Code. Model Home Sign: A temporary sign, identifying a new home, either furnished or unfurnished, as being the builder or contractors model open to the public for inspection. Monument Sign: A sign mounted on a solid base or pedestal with no visible space between the sign and the base or pedestal. The sign is not mounted on visible poles, struts, wires, or other visible structures. The sign base or pedestal shall be constructed of masonry material. Nameplate Sign: A sign that identifies only the name of an individual, firm, or corporation, which is attached to a structure and may contain the suite number or other directory information concerning the location of the individual, firm or corporation within the building. Obsolete Sign: An on-premise sign or sign structure that previously was a legal sign, or a legal, non-conforming sign; however, it remains on the property after the first anniversary of the date the business, person or activity that the sign or sign structure identifies or advertises ceases to operate on the premises on which the sign or sign structure is located. Obsolete Leases Premises Sign: An on-premise sign or sign structure that previously was a legal sign, or a legal, non-conforming sign; however, it remains on leased property after the second anniversary of the date the tenant ceases to operate on the premises. Off-Premise Sign: A sign which directs attention to goods, a business, commodity, service, product, or entertainment location other than the site upon which such sign is located or to which it is affixed. The term does not include Special Purpose Signs. On-Premise Sign: Any sign, the content of which relates to the site on which it is located, referring exclusively to businesses, commodities, services, products, goods, or entertainment on the site, or the sale, lease, or construction of those sites. Permanent Pole Sign: Any free standing, permanent, on-premise sign supported from the ground up by upright structural members. Chapter 5 – General Land Use Pole (or Pylon) Sign: Any free standing, on-premise sign supported from the ground by upright structural members. Political Sign: A sign that promotes a political issue or a candidate or candidates for public office. Also, a sign of any political party, group, or idea that contains primarily a political message. Portable Sign: A sign utilized by a government entity and that is not attached or affixed to the ground, a building or other fixed structure or object. Portable signs include those signs installed on mobile structures. Projecting Sign: A sign, except an awning, which projects from a building, and has one end attached to a building or other permanent structure, including but not limited to, a marquee sign. Protective Sign: A sign that communicates a warning. Service Contractor Sign: A temporary sign identifying the contractor(s) responsible for work currently occurring on a premises. Real Estate Sign: A temporary sign supported by upright structural members and which pertains to the sale or lease of the lot or tract of land on which the sign is located, or to the sale or lease of one or more structures, or a portion thereof located thereon. Rider sign: A supplemental sign attached to real estate sign that provides limited but additional information pertaining to the premises on which the real estate is placed. Roof Sign: Any sign supported by the roof of a building, painted on the roof or eaves of a building, or placed above the apparent flat roof or eaves of a building as viewed from any elevation. Structurally Alter Sign: To change the form, shape or size of an existing sign or any supportive or bracing elements of said sign excluding temporary embellishments on a changeable copy sign. Structurally Repair Sign: The reconstruction or renewal of any part of the supportive or bracing elements of an existing sign. Special Purpose Sign: A temporary sign that is either on-premise or off-premise that provides identification or information pertaining to a special event or occurrence sponsored by a non-profit or civic organization. Temporary Pole Sign: A free standing, on-premise sign displayed for a temporary period of time as provided in this Article and supported from the ground up by upright structural members. Temporary Sign: A sign which includes, but is not limited to, a sign, banner, pennant, flag, searchlight, inflatable, outside display of merchandise or similar device which is to be displayed for a limited period of time. Vehicular Sign: Any sign, not including bumper stickers, on or in a vehicle moving along the ground or on any vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs which are being transported to a site of permanent erection or lettering of a company vehicle that advertises only the company name and address, or temporary signs (with an area of less than 3 square feet) attached to vehicles which may be removed daily. Wall Sign: A sign attached or affixed parallel or flat to an exterior wall surface of a building. Window Sign: A sign painted on or permanently affixed to a window or window area or any sign Chapter 5 – General Land Use located on the internal and/or external surface of the window, or is located within two inches (2”) of the window, of any establishment. Sign Permit: A permit issued under the authority of the Town to erect, move, structurally alter or structurally repair any specific billboard, sign or other outdoor advertising within the corporate limits of the Town. Sign Structure: Any portion of an advertising device, inclusive of its supports, or any device solely designed for carrying an advertising message. (Ord. No. 2004-02 P&Z § II, 1-19-04 Repealed by Ordinance No. 2005-03 P&Z § II 2-7-05) Chapter 5 – General Land Use Section 4.02 Permit Requirements A. Except as provided herein, no sign shall be erected, placed, displayed or located without first obtaining a sign permit from the Town. 1. Application for Permit: Application for a permit for a permanent sign shall be made in writing upon forms furnished by the Designated Official authorized so designated to do so by the Town Manager. The application for a sign permit shall contain the following information: a. Applicant’s name, address and telephone number. b. Name, address and telephone number of the Owner of the property on which the sign is to be located. c. Name, address and telephone number of the lessee the sign is to benefit, if applicable. d. Name, address and telephone number of the person/contractor erecting the sign. e. Name, address and telephone number of the electrical subcontractor, if applicable. f. Type of sign and use classification g. Scaled Site Plan Showing: i. The location of the building, structure or tract to which or upon which the sign is to be attached or erected, ii. The position of the sign in relation to nearby structures or other signs, and iii. Dimensions of setbacks, building lines, distances between the sign and streets and property lines. iv. Scaled drawings of the signs including height, width, area, design, text and logo. h. The Designated Official may require the filing of additional plans or pertinent information which, in the Official’s opinion, are necessary to ensure compliance with this Article. 2. Termination of Permit: A sign permit may be terminated in accordance with the following provisions: a. A permit shall be active for the life of the Sign, as long as it is in compliance with this Article. b. A permit shall expire if the sign for which it has been issued has not been constructed within ninety (90) days from the date of issuance. c. A permit issued for any sign including its supporting structure shall automatically expire in the event the sign shall fail inspection and such failure is not corrected within sixty (60) days. d. The Designated Official may suspend or revoke any permit whenever it is determined that the permit has been issued in error or on the basis of incorrect or false information supplied, or whenever such permit was issued in violation of the Sign Code, any other Code of the Chapter 5 – General Land Use Town, the laws of the State of Texas or the federal government. Such revocation shall be effective when communicated in writing to the person to whom the permit is issued or the Owner of the sign or the Owner of the premises on which the sign is located. Any sign for which a permit has been revoked shall be immediately removed by the person in control of the sign or premises upon which the sign is located within fifteen (15) business days of the receipt of the written notice of revocation. e. Any person may appeal the revocation of the sign permit by filing written notice of the intention to appeal with the Planning Official no more than ten (10) business days after the receipt of written notice of the revocation. The appeal will be forwarded to the Planning & Zoning Commission for review. The Commission shall forward a recommendation to the Town Council for final determination. The decision of the Town Council shall be final. 3. Permit Fees A sign permit fee shall be paid to the Town in accordance with the most current fee schedule adopted by the Town. (Ord. No. 2004-02 P&Z § X, 1-19-04 Repealed by Ord No. 2005-03 P&Z § III, 2-7-05) Chapter 5 – General Land Use Section 4.03 General Standards A. Height of Signs Sign height shall be measured as the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and natural grade at the center of the base of the sign. B. Building and Electrical Codes Applicable All signs must conform to the regulations and design standards of the Building Code, UL standards and other Codes of the Town. Wiring of all electrical signs must conform to the current Electric Code of the Town. C. Illuminated Signs Signs with external lighting shall be down-lighted. The light source shall be fully shielded such that it cannot be seen from the property line of the site on which the sign is located. Although the light cast from the source may be visible at the property line of an abutting residential property, any spillover light at the abutting residential property line shall not exceed 0.02 foot-candle of luminance. Neon signs shall be permitted by meritorious exception as provided for in Section 4.11 – Meritorious Exceptions & Appeals. D. The following provisions shall apply to all areas and zoning districts of the Town: 1. Governmental Signs Nothing in this Article shall be construed to prevent the display of a national or state flag, or to limit flags, insignias, legal notices, or informational, directional or traffic signs which are legally required or necessary to the essential functions of government agencies. Stop signs and street signs placed within the Town shall conform to the design specified in the Town’s Subdivision Regulations. 2. Addresses Address numerals and other signs required to be maintained by law or governmental order, rule or regulation are allowed, provided that the content and size of the sign do not exceed the requirements of such law, order, rule or regulation. 3. The occupant of a premise may erect not more than two (2) protective signs in accordance with the following provisions: a. Each sign must not exceed one (1) square foot in effective area; b. Detached signs must not exceed two (2) feet in height; and c. Letters must not exceed four (4) inches in height. 4. Temporary holiday decorations are permitted. 5. Vehicular signs are prohibited except as specifically allowed by this Article; however, vehicular signs shall be allowed on construction trailers, on construction sites, on transport vehicles being Chapter 5 – General Land Use loaded or unloaded, and on passenger vehicles parked at the Owner’s or user’s place of residence or business. (Ordinance No. 2005-03 P&Z, § IV, 2-7-05 Repealed by Ord. No. 2004-02 P&Z § III, 1-19-04) Chapter 5 – General Land Use Section 4.04 Traffic Safety A. Conflicts with Public Signs No sign shall be erected or maintained at any location where by reason of its position, size, shape or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with any traffic control sign, signal or device, or where it may interfere with, mislead or confuse traffic. B. Sight Visibility Restriction: No sign shall be located in any vision triangle as identified in the Town’s Subdivision Regulations. (Ord. No. 2004-02 P&Z § IV, 1-19-04 Repealed by Ordinance No. 2005-03 P&Z, § V, 2-7-05) Chapter 5 – General Land Use Section 4.05 Temporary Signs A. Temporary Signs Except as specifically provided herein, the following regulations apply to all temporary signs: 1. Duration: All temporary signs may be erected or maintained in any location for a maximum period of sixty (60) days before the signs must be replaced or removed. Temporary signs shall be kept in repair and proper state of preservation. Temporary signs advertising an event, function or activity shall be removed within three (3) days following the date of the event, function or activity. 2. Right-of-Way No temporary sign may be erected or placed in the median of any public right-of-way. However, temporary signs may be placed in the Town’s right-of-way between the curb and property line provided they do not create a safety hazard of any type, including but not limited to impaired visibility. 3. Safety Hazard Prohibited Temporary signs shall not be installed in any manner that may result in a potential safety hazard of any type. 4. Town Owned Property Temporary signs shall not be placed on any Town owned property, including but not limited to Town parks, fire stations, police stations, libraries, or buildings located on property owned, leased, utilized, or controlled by the Town unless prior written permission is obtained from the Town. 5. Removal: Except as specifically provided herein, any temporary sign placed, erected, or maintained in violation of this Article may be removed by the Designated Official without notice. B. Political Signs 1. No political sign may be erected or placed on private real property, including but not limited to vacant lots or tracts, unless the property Owner has given written permission and such documentation is provided to the Designated Official upon the Official’s request. Political signs may be erected or placed on any private lot or property or on any trailer or vehicle as specifically described in this Section 4.05 – Temporary Signs, and in accordance with the regulations governing temporary signs. 2. Number, Size and Placement: A political sign shall not exceed thirty-six (36) square feet in area nor exceed eight feet (8’) in height, as measured from the ground. A political sign may not be illuminated or have any moving elements. No more than one (1) of such signs for each political candidate or issue on the election ballot shall be erected on any zoning lot or other parcel of land. The front and Chapter 5 – General Land Use back surface of a political sign shall constitute one sign. For signs with three or more surfaces, each surface shall constitute a separate sign. For signs located on non-residential or unplatted property, the minimum distance between identical signs shall be twenty-five feet (25’). 3. In the event that the number of political signs upon a lot or property exceeds the total number permitted by this Article, the signs in excess of the number permitted shall be deemed to be in violation of this Article. The Designated Official shall notify the property Owner on which the political signs are located of the violation; the property Owner must then remove the signs in excess of the permitted amount within twenty-four (24) hours following the time of such notification. 4. Removal Period Procedure in Event of Non-Removal All political signs shall be removed within a period not to exceed three (3) days after the date of the election for which the sign was placed. Failure to remove such signs within the three (3) day period shall give the Designated Official the authority to remove such signs. 5. Vehicle Mounted Political Signs: A political sign which is mounted or placed on any trailer or vehicle and which is not permanently affixed to the trailer or vehicle is permitted. A vehicle with such a sign may be parked on a public street in accordance with the Town’s parking regulations. For purposes of this paragraph, a political sign is not required to be supported by the ground. 6. Zoning Districts Political signs shall be allowed in all zoning districts of the Town. 7. Exemptions Political signs shall not require a sign permit, and except as regulated by this Section, are exempt from the remainder of the regulations contained in this Article. C. Banner Signs 1. Number, Size & Placement One banner sign no more than thirty-six (36) square feet per premise or lease space shall be allowed no more than two (2) times annually. 2. Duration Banner signs shall be permitted for no more than thirty (30) days. 3. Zoning Districts Banner signs shall be allowed in all non-residential zoning districts 4. Consecutive Display Prohibited At least ninety (90) days must lapse between the end of the first period of display and the beginning of the second period of display. Chapter 5 – General Land Use D. Real Estate Signs Real Estate Signs are authorized to be erected, in addition to permanent signage, in accordance with the following provisions: 1. Real Estate Signs Include a. Real estate advertising signs that advertise a builder, developer, Owner, realtor or model home by showing a name, address, and/or telephone number for the purpose of selling, leasing or renting a particular property on which the sign is placed; b. “Open House” signs indicating that a house on the lot which the sign is placed is available for viewing by the public; and c. Temporary directional signs showing arrows or other means of property location and direction. d. Riders may be attached to real estate signs. 2. Number, Size and Location a. Signs shall contain no more than two (2) sides and shall be limited to six (6) square feet of text area on each side, including any riders. Signs larger than six (6) square feet of text area shall be considered as being commercial signs and shall be subject to Section 4.06 – Commercial & Institutional Signs of this Article. b. Signs shall be temporary and will be removed upon sale, lease or rental of property. c. The maximum height of such signs shall not exceed four (4) feet, as measured from the ground. d. Real estate signs as categorized in Section 4.05(D)(1) – Temporary Signs, Real Estate Signs Include, on all lots other than golf course lots shall be limited to one advertising sign and one “open house” or directional sign [during the hours permitted by Section 4.05(D)(2) – Temporary Signs, Number, Size and Location, hereof per lot. On lots adjoining a golf course, one additional real estate advertising sign may be placed to face the golf course. e. A maximum of six (6) directional signs may be placed off-premise for each premises (whether one or more lots or tracts) offered for sale or lease. Spacing between each sign shall be a minimum of four hundred feet (400’) along the following streets: Trophy Club Drive, Indian Creek Drive, Village Trail, Durango Drive and Trophy Wood Drive. Prior to such placement, any person or entity placing such a sign shall have received authorization or approval for such placement from the Owner of, or other person having custody or control over, the property upon which such sign is placed. f. No real estate sign may be erected or placed in the median of any public right-of-way. Any real estate sign so erected or placed in any public right-of-way may be removed by the Designated Official without notice. g. “Open house” signs and directional signs located off-premises shall be permitted only between noon on Friday through noon on Monday. “Open house” or directional signs shall be placed no closer than three (3) feet from the street, curb or edge of pavement. Chapter 5 – General Land Use In the event that any such sign is not in compliance, the Designated Official of the Town may remove the sign. Signs shall not be permitted to be within any thoroughfare median in the Town. h. Unique signs that demonstrate increased quality and standards but do not meet the dimension standards provided in this section may be permitted by means of “meritorious exception” as provided in Section 4.11 – Meritorious Exception and Appeals. i. Zoning Districts Real Estate Signs shall be allowed in all zoning districts of the Town. E. Special Purpose Signs Special Purpose Signs shall be allowed in conjunction with special events sponsored by the Town, a governmental entity, a non-profit or civic organization. 1. Number, Size and Placement One (1) special purpose sign no more than four (4) square feet shall be placed on a premise or lot. 2. Duration Special Purpose Signs shall be allowed up to fourteen (14) days prior to the event and shall be removed within twenty-four (24) hours following the event. (Ord. No. 2004-02 P&Z § VI, 1-19-04 Repealed by Ordinance No. 2005-03 P&Z § VI, 2-7-05) Chapter 5 – General Land Use Section 4.06 Commercial and Institutional Signs A. Commercial Signs and Institutional Signs shall be subject to the following provisions: 1. On Premises Signs Signs in areas zoned for Non-Residential purposes shall be on-premises signs. 2. Maximum Gross Surface Area The face of each sign shall not exceed the gross surface area as outlined below. 3. The height of monument signs shall not exceed ten feet (10’) from average ground level. 4. No commercial sign shall be allowed which is painted on the wall of any building or on any part of a building. 5. Signs owned, constructed and used by the Town to provide information, direction and enforcement shall be exempt from these requirements. 6. Wall signs shall be centered horizontally on the store frontage for a tenant’s space. The maximum copy height shall not exceed two feet (2’), six inches (6”). The minimum copy height shall be one foot (1’), two inches (2”). The mounted copy depth shall be five inches (5”). Wall signs shall not project more than twelve inches from the wall surface. 7. Illuminated Signs a. Internally lit, individual aluminum channel letters shall have a 1/8 ” Plexiglas front. The raceway shall be painted to match the surface upon which it is mounted. b. The raceway shall allow appropriate internal reinforcing and adequate service access for all hardware. No wiring, angle iron or other supports shall be exposed. The raceway shall contain all transformers and wiring for the letters. c. Illuminated signs which are visible through the window of a tenant’s space shall be set back a minimum of two (2”) inches from the face of the window. The distance shall be measured from the front surface of the sign to the face of the window. If the front surface contains letters or other symbols that project outward, then the distance shall be measured from that point. B. Miscellaneous Sign Regulations The following table entitled “Signage Criteria” contains the regulations governing all other signage allowed by this Article. Chapter 5 – General Land Use Sign Type Number Size & Height Duration Zoning District A-Frame/Sandwich Board Prohibited Apartment 1 per entry 50 sq ft/ Life of Permit Residential Awning Prohibited Bandit Prohibited Banner 1 per premise or lease space no more than 2 times annually 36 sq ft. N/A 30 days Non-Residential Billboard Along property which abuts State Highway 114 To be determined by the Town Council upon recommendation of the Planning & Zoning Commission Non-Residential Builder/Contractor 2 per premise 6 sq ft 4 ft Removed upon sale, lease, rental All Districts Bulletin Board To be determined by the Town Council upon recommendation of the Planning & Zoning Commission Residential Canopy 25 sq ft or 10% of the face of the canopy of which it is a part of or to which it is attached, whichever is greater Life of Structure Non-Residential Contractor Service No limit provided total combined sq footage does not exceed 6 sq ft 6 sq ft 4 ft Removed upon sale All Districts Construction 1 per project/premise 32 sq ft 5 ft Completion of project All Districts Development 1 per project/premise 32 sq ft 5 ft 90% of all lots/houses sold All Districts Directional 6 sq ft 3 ft Life of Permit All Districts Directional Temporary Real Estate 3 off-premise for each lot/premise 6 sq ft 4 ft Between hours of noon Friday-noon Monday All Districts Directory 1 per premise To be determined by the Town Council upon recommendation of the Planning & Zoning Commission Non-Residential Fence Prohibited Flashing Prohibited Government No limit No limit No limit No limit All Districts Ground 1 per entry/premise 16 sq ft 4 ft Life of Permit All Districts Illuminated 1 per premise 50 sq ft Life of Permit Non-Residential Inflatable 1 per premise To be determined by the Town Council upon recommendation of the Planning & Zoning Commission All Districts Institutional 1 per entry/premise 50 sq ft 4 ft Life of Permit Non-Residential Model Home 1 per Model Home 16 sq ft 4 ft Removed upon sale, lease, rental Residential Districts Monument 1 per entry/premise 50 sq ft 10 ft Life of Permit All Districts Nameplate 1 per lease space 2 sq ft 1 ft Life of Permit Non-Residential Off-Premise Prohibited Political 36 sq ft 8 ft 60 days All Districts Portable Restricted Programmed Electronic Display 1 per premise 50 sq ft 4 ft Life of Permit All Districts Projecting Prohibited Protective 2 per premise 1 sq ft 2 ft Life of structure All Districts Real Estate Restricted Rider Restricted Roof Prohibited Chapter 5 – General Land Use Sign Type Number Size & Height Duration Zoning District Special Purpose 1 pre premise/lot 6 sq ft 4 ft 14 days prior/24 hr following All Districts Temporary Pole 1 per premise/lot 32 sq ft 5 ft 6 months All Districts Wall 1 per lease space 40 sq ft or the product of 2 times the lineal width of the wall, whichever greater. Shall not exceed 75% of the width or the height of the available wall area or store frontage for a tenant’s space Life of Permit Non-Residential Window No limit provided total combined sq footage does not exceed 25% of the visible window area available in the absence of any signs Life of Permit Non-Residential (Ord. No. 2004-02 P&Z § VIII, 1-19-04 Repealed by Ord. No. 2005-03 P&Z § VII, 2-7-05) Chapter 5 – General Land Use Section 4.07 Permissible Signs Not Requiring Permits A. The following signs shall not require a sign permit. These exceptions shall not be construed as relieving the Owner of the sign from the responsibilities of its erection, maintenance, and its compliance with the provisions of this Article or any other law or code regarding the same: 1. Banner Signs Signs placed on property belonging to a Church or other religious institution for purposes of conveying religious messages or providing the public with other information related to the Church or religious institution. 2. Changeable Copy The changing of advertising copy or message on a painted or printed sign, or the changing of advertising copy or message on a changeable reader board specifically designed for use of replaceable copy, not to include Programmed Electronic Display. 3. Government Signs Signs posted by duly constituted governmental authorities in pursuance of their public duties. 4. Holiday Decorations Signs or materials displayed in a temporary manner during traditional, civic, patriotic or religious holidays. 5. Internal Signs Signs visible only from the premises on which located or visible from off the premises only through a window or windows from which they are set back. 6. Memorial Sign Markers, plates, plaques, etc., when deemed an integral part of a structure, building or landscape. 7. National and/or State Flag Display of flags is allowed. 8. Other Signs As and to the extent as provided for by Section 4.03 – General Standards, of this Article. 9. Political Signs: As permitted in Section 4.05(B) – Temporary Signs, Political Signs. 10. Real Estate Signs: As permitted in Section 4.05(D) – Temporary Signs, Real Estate Signs. 11. Vehicle Sign Chapter 5 – General Land Use Signs located on motor vehicles or trailers bearing current license plates and inspection stickers, when appropriate, which are traveling or lawfully parked upon public roadways or lawfully parked upon any other premises for a period not to exceed four hours or for a longer period where the primary purpose of such parking is not the display of any sign. (Ord. No. 2004-02 P&Z § X, 1-19-04 Repealed by Ord. No. 2005-03 P&Z § VIII, 2-7-05) Chapter 5 – General Land Use Section 4.08 Temporary Permits The Designated Official of the Town of Trophy Club upon application from an individual or company may grant Temporary Permits or Waivers to hang banners and/or signs for Commercial purposes as set forth in Section 4.05 – Temporary Signs, of this Article. Signs and banners approved by the Planning Official as meeting the criteria necessary to satisfy the provisions found in Section 4.05 – Temporary Signs, of this Article may be displayed on a temporary basis not exceeding a six (6) week period. The length of the temporary permit will be at the discretion of the Planning Official, not exceeding the maximum six (6) week period. At the time of expiration of the Temporary Permit or Waiver, it will be the responsibility of the applicant to remove the banner or sign. The application process for a temporary permit or waiver will be governed by the same guidelines as set forth in Section 4.02 – Permit Requirements, herein. A permit for a Temporary Pole Sign may be issued for an initial period not to exceed one (1) year. An applicant may request one (1) additional renewal for a period of one (1) year. Such renewal may, within the discretion of the Planning Official, be granted if the sign is in good and sound condition and meets the requirements of this Article. (Ord. No. 2004-02 P&Z § XI, 1-19-04 Repealed by Ord. No. 2005-03 P&Z § IX, 2-7-05) Chapter 5 – General Land Use Section 4.09 Non-Conforming Uses A. Any existing sign that does not conform to the regulations stated herein shall be deemed a nonconforming sign and shall be subject to the provisions of Section 4.11 – Maintenance of Signs of this Article. It is the declared purpose of this Section 4.09 that nonconforming signs and signs directing attention to nonconforming uses eventually discontinue and the signage comply with the regulations stated herein, having due regard for the investment in such signs. B. The Designated Official, after ten (10) days written notice to the Owner of the premises on which the sign is located, shall have the authority to remove any nonconforming sign which either: 1. Was not permanently affixed to the ground on the effective date of this Article, or 2. Was erected in violation of a Town Code in effect at the time of its erection. C. The Town Council may order nonconforming signs to be removed upon and subject to compliance with Chapter 216, Texas Local Government Code, provided that the signs: 1. Are not permanently affixed to the ground on the effective date of this Article, 2. Were erected in conformity with Town Codes in effect at the time of their erection, and 3. Remain in place after six (6) months from the effective date of this Article. D. An Owner of any lawfully existing nonconforming use or building may erect and maintain a sign in accordance with the regulations contained herein. E. Moving, Relocating, or Altering of Signs No nonconforming sign shall be moved, altered, removed and reinstalled, or replaced unless it is brought into compliance with the requirements of this Article. F. Change in Use or Occupant of a Structure Any nonconforming sign may continue to be utilized as long as the occupancy within the structure remains the same. When a use changes from one occupancy category to another, or when there is a change in occupant, all signs serving that occupant, shall be brought into conformance with the provisions of this Article. (Ord. No. 2004-02 P&Z § XII, 1-19-04 Repealed by Ord. No. 2005-03 P&Z § X, 2-7-05) Chapter 5 – General Land Use Section 4.10 Meritorious Exceptions and Appeals A. In the development of these criteria, a primary objective has been ensuring against the kind of signage that has led to low visual quality. On the other hand, another primary objective has been the guarding against signage over-control. B. It is not the intention of these criteria to discourage innovation. It is entirely conceivable that signage proposals could be made that, while clearly nonconforming to this Article and thus not allowable under these criteria, have obvious merit in not only being appropriate to the particular site or location, but also in making a positive contribution, to the visual environment. Upon request of an interested party, the Town Council, upon recommendation by the Planning and Zoning Commission, shall hear and shall seriously and fairly consider a request for a meritorious exception under this Section 4.11(B). C. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretation of the provisions of this Article, the Town Council shall hear appeals with respect to any actions of the Designated Official in the interpretation and enforcement of this Article. Any such appeal shall be brought, by written application filed by an interested party, to the Planning and Zoning Administrator within ten (10) days after the action of the Designated Official which is the subject of the appeal. Enforcement of this Article shall be stayed pending such appeal. In hearing such appeals, the Planning and Zoning Commission shall review the determination of the Designated Official and, in doing so, may consider whether or not the regulations and standards of this Article will, by reason of exceptional circumstances or surroundings, constitute a practical difficulty or unnecessary hardship. The Planning and Zoning Commission shall forward a recommendation to the Town Council, who shall act on the subject of the appeal. A decision of the Council shall be final. (Ord. No. 2004-02 P&Z § XIII, 1-19-04 Repealed by Ord. No. 2005-03 P&Z § XI, 2-7-05) Chapter 5 – General Land Use Section 4.11 Maintenance of Signs A. Maintenance Each sign shall be maintained in a safe, presentable, and good condition, including the replacement of defective parts and other acts required for the maintenance of such sign, without altering the basic copy, design or structure of the sign. The Building Official shall require compliance or removal of any sign determined by the Building Official to be in violation of this section in accordance with the enforcement provisions set forth below. B. Dilapidated or Deteriorated Signs No person shall maintain or permit to be maintained on any premises owned or controlled by him or her any sign which is in a dilapidated or deteriorated condition as defined herein. Upon notice of violation, any such sign shall be promptly removed or repaired by the owner of the sign or the owner of the premises upon which the sign is located in accordance with the enforcement provisions set forth below. (Ord. No. 2005-03 P&Z § XII, 2-7-05) Chapter 5 – General Land Use Section 4.12 Violations A. A person is responsible for a violation of this Article if the person is: 1. The permit holder, owner, agent, or person(s) having the beneficial use of the sign, 2. The owner of the land or structure on which the sign is located, or 3. The person in charge of erecting the sign. B. It shall be unlawful for any person to erect, replace, alter, or relocate any sign within the Town of Trophy Club, or cause the same to be done, without first obtaining a permit to do so from the Building Official of the Town of Trophy Club, except as may be hereinafter provided. C. It shall be unlawful for any person to use, maintain, or otherwise allow the continued existence of any sign for which the required permit was not obtained. D. It shall be unlawful for any person to install, construct, or display a prohibited sign, as defined herein, or any sign in violation of the provisions of this Article within the Town of Trophy Club. E. It shall be unlawful for any person to violate any term or provision of this Article. (Ord. No. 2005-03 P&Z § XIII, 2-7-05) Chapter 5 – General Land Use Section 4.13 Enforcement A. Authority The Designated Official is hereby authorized to order the repair or removal of any dilapidated, deteriorated, abandoned, illegal or prohibited signs from property within the corporate Town limits of Trophy Club, in accordance with the enforcement mechanisms set forth in this section. B. Notice of Violation When the Designated Official determines that a sign located within the corporate Town limits of Trophy Club is dilapidated, deteriorated, illegal, prohibited or abandoned, they shall issue a notice of violation to the owner of the sign or to the owner, occupant, or person in control of the property on which the sign is located. 1. Contents of Notice of Violation: The notice of violation shall contain: a. Name of the owner, occupant, manager or other person in control of the property. b. Street address sufficient to identify the property on which the alleged violation occurred. c. Description of alleged violations and reference to the provisions of this Article that have been violated. d. Statement of the action required to correct the violation and a deadline for completing the corrective action. e. Statement that failure to take the corrective action within the time specified may result in i. A criminal penalty not exceeding Five Hundred Dollars ($500) per day for each violation, ii. The Town filing a civil action against owner seeking injunctive relief and/or civil penalties up to One Thousand Dollars ($1,000) per day for each violation. f. Statement informing recipient of their right to appeal the decision of the Designated Official. 2. Service of Notice of Violation The Designated Official shall serve a written notice of violation on the owner of the sign, or the owner, occupant, or person in control of the property on which the sign is located. The notice of violation should be served by either hand-delivery or by certified mail, return receipt requested. Service by certified mail shall be effective three (3) days after the date of mailing. (Ord. No. 2005-03 P&Z § XIV, 1-19-04) Chapter 5 – General Land Use Section 4.14 Enforcement Remedies A. Criminal Penalties Any person, firm or corporation violating any of the provisions or terms of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof, be subject to a fine not exceeding Two Thousand Dollars ($2,000) for each offense, and each and every day or portion thereof that such violation shall continue shall constitute a separate offense. B. Civil Remedies The Town may file a civil action in State District Court to enforce the requirements of this Article, seeking injunctive relief and/or civil penalties up to One Thousand Dollars ($1,000) per day for each offense as authorized by Subchapter B of Chapter 54 of the Texas Local Government Code, as amended, or any other applicable law. C. Emergency Removal of Sign The Town may remove a sign, which the Designated Official finds to be an immediate and imminent threat to the public safety because of its dilapidated, deteriorated or structural condition. D. Remedies Cumulative All remedies authorized under this Article are cumulative of all others unless otherwise expressly provided. Accordingly, the filing of a criminal action shall not preclude the pursuit of a civil or administrative action for violation of this Article nor shall the filing of a civil action preclude the pursuit of any other action or remedy, administrative or criminal.” (Ord. No. 2005-03 P&Z § XVI, 2-7-05) Chapter 5 – General Land Use Section 4.15 Prohibition A. All signs not specifically authorized herein are prohibited. 1. Obsolete Signs No person shall erect or allow to be displayed upon premises owned or controlled by them, an obsolete sign. 2. Obstructing Signs No person shall erect or allow to be displayed upon premises owned or controlled by them, a sign that prevents free ingress to or egress from any door, window or fire escape. 3. Signs displaying materials determined to be obscene by a court of law. 4. Signs placed in any location which by reason of their location will obstruct the view of any authorized traffic sign, signal, or other traffic control device by vehicular or pedestrian traffic. No sign shall be erected which, by reason of shape, color, size, design or position, would be reasonably likely to create confusion with, to be confused as, or to interfere with any traffic signal or device which is authorized by the appropriate state or local governmental authorities. Further, no sign shall be placed in a location that will obstruct vision of a vehicle operator while entering, exiting, or traveling upon the public right-of-way. 5. Signs placed so as to prevent or inhibit free ingress to or egress from any door, window, or any exit way required by the Building Code of the Town of Trophy Club or by Fire Department regulations. 6. A-frame and sandwich board signs. 7. Signs located on public property, including but not limited to signs attached to any public utility pole or structure, street light, tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, or other location on public property. 8. Roof Signs. 9. Signs attached to a standpipe or fire escape. 10. No person shall attach any sign, paper or other material, or paint, stencil or write any name, number (except house numbers) or otherwise mark on any sidewalk, curb, gutter, street, utility pole, public building, or structure except as otherwise allowed by this Article. (Ord. No. 2004-02 P&Z § XIV, 1-19-04 Repealed by Ord. No. 2005-03 P&Z § XVI, 2-7-05) Chapter 5 – General Land Use Section 4.16 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. (Ord. No. 2004-02 P&Z § XIX, 1-19-04 Repealed by Ord. No. 2005-03 P&Z, § XXI, 2-7-05) Chapter 5 – General Land Use Article V Parkland Dedication and Open Space Section 5.01 Purpose A. This article is adopted to provide recreational areas in the form of neighborhood parks as a function of subdivision development in the Town. This article is enacted in accordance with the home rule powers of the Town, granted under the state constitution, and the statutes of the state including, but not by way of limitation, V.T.C.A., Local Government Code § 54.004, and Ch. 212. It is hereby declared by the Town Council that recreational areas in the form of neighborhood parks are necessary and in the public welfare, and that the only adequate procedure to provide for neighborhood parks is by integrating such a requirement into the procedure for planning and developing property or subdivision in the Town, whether such development consists of new construction on vacant land or rebuilding and remodeling of structures on existing residential property. B. Neighborhood parks are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby. The primary cost of neighborhood parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, this article is adopted to effect the purposes stated. (Ord. No. 2005-19, § II, 8-15-05, Repealed by Ord. No. 2006-06, § II, 3-6-2006) Chapter 5 – General Land Use Section 5.02 Dedication Procedures A. Whenever a Final Plat is filed on record with the county clerk of Denton or Tarrant County for development of a residential area in accordance with the planning and zoning ordinances of the Town, such plat shall contain a clear fee simple dedication of an area of land to the Town for park purposes, which area shall equal one (1) acres for every 44 proposed dwelling units. B. The Town Council declares that development of an area smaller than five (5) acres for public park purposes is impractical. Therefore, if fewer than 220 dwelling units are proposed by a plat filed for approval, the developer shall be required to pay the applicable cash in lieu of land amount provided by Section 4, rather than to dedicate any land area. No plat showing a dedication for park purposes of less than five (5) acres shall be approved. C. In all other instances, the Town shall have the right to accept the dedication for approval on the final plat, or to refuse the dedication, after consideration of the recommendation of the planning and zoning commission and the Parks and Recreation Director, and to require payment of cash in lieu of land in the amount provided by Section 4, if the Town determines that sufficient park area is already in the public domain in the area of the proposed development, or if the recreation potential in the area of the proposed would be better served by expanding or improving existing parks. (Ord. No. 2005-19, § III, 8-15-05, Repealed by Ord. No. 2006-06, § III, 3-6-2006) Chapter 5 – General Land Use Section 5.03 Money in Lieu of Land Where Town Council determines that a payment of money in lieu of land shall be made, the following provisions shall apply. A. Amount Required to be Paid 1. Any payment of money required to be paid by this Ordinance shall be in an amount equal to the average per acre value of the whole property included within the residential development. The acquisition price for land shall be equal to the appraised value of the land existing in effect at the time of Final Plat approval. 2. In determining the average per acre value of the total land included within the proposed residential development, the Town Council may base its determination on one or more of the following: a. The most recent appraisal of all or part of the property made by the central appraisal district; or b. Confirmed sale prices of all or part of the property to be developed, or comparable property in close proximity thereof, which have occurred within two (2) years immediately proceeding the date of determination; or c. Where, in the judgment of the Town Council, (i) or (ii) above would not, because of changed conditions, be a reliable indication of the then current value of land being developed, an independent appraisal of the whole property shall be obtained by the Town and paid for by the developer. (Ord. No. 2005-19, § IV, 8-15-05, Repealed by Ord. No. 2006-06, § IV, 3-6-2006) Chapter 5 – General Land Use Section 5.04 Additional Requirements A. Any land dedicated to the Town under this article must be suitable for park and recreation uses. The following characteristics of a proposed area are generally unsuitable: 1. Any area primarily located in the 100-year floodplain. 2. Any areas of unusual topography, slope or other characteristics which renders same unusable for organized recreational activities or other parks and recreational uses. Such characteristics of a park land dedication area may be grounds for refusal of any preliminary plat. B. Land listed in subsection A of this Section may be accepted by the Town Council, provided that suitable land in the proper amount is dedicated which is contiguous with the unsuitable land. C. Drainage areas may be accepted as part of a park if the channel is constructed in accordance with Town engineering standards, and if no significant area of the park is cut off from access by such channel. D Each park must have ready access to a public street. E. Unless provided otherwise in this section, an action by the Town shall be by the Town Council, after consideration of the recommendations of the planning and zoning commission and the Parks and Recreation Director and his recommendation to the Town Council. (Ord. No. 2005-19, § V, 8-15-05, Repealed by Ord. No. 2006-06, § V, 3-6-2006) Chapter 5 – General Land Use Section 5.05 Credit For Conveyance of Floodplains A. In cases where floodplain land or property is proposed for conveyance to satisfy the park land requirements, a credit will be given upon the following criteria: 1. Three (3) acres of floodplain shall be equal to one (1) acre of non-floodplain. (Ord. No. 2005-19, § VI, 8-15-05, Repealed by Ord. No. 2006-06, § VI, 3-6-2006) Chapter 5 – General Land Use Section 5.06 Minimum Park Improvements A. In cases where land dedication is chosen, the following minimum criteria must be adhered to by the developer, at the developer expense, prior to acceptance of the improvements by the Town. The Developer shall: 1. Grade and clear unwanted vegetation, to be determined by the Town; 2. Provide water and sewer service to the site. (Ord. No. 2005-19, § VII, 8-15-05, Repealed by Ord. No. 2006-06, § VII, 3-6-2006) Chapter 5 – General Land Use Section 5.07 Appeal A. Unless otherwise provided herein, an action by the Town in determining compliance with the terms of this Ordinance refers to a determination made by the Parks and Recreation Director. The developer/owner of land subject to parkland dedication requirements may appeal any determination by the Parks and Recreation Director under this Ordinance to the Town Council for a final decision. The appeal shall be in writing and shall be filed with the Planning and Zoning Commission, which shall make its recommendation to the Town Council. The Town Council will not review the appeal of any determination by the Parks and Recreation Department without first obtaining the recommendation of the Planning and Zoning Commission. No final plat shall be approved by the Planning and Zoning Commission which varies the terms of this Ordinance or which does not comply with the Parks and Recreation Department's determination without final resolution of the appeal by the Town Council. (Ord. No. 2006-06, § VIII, 3-6-2006) Chapter 5 – General Land Use Section 5.08 Biennial Review A. Prior to one (1) year after the effective date of this Ordinance, the Parks & Recreation Director shall review the Park Land Dedication Ordinance and make any recommendations for revision to the Town Council. Thereafter, at least once every two (2) years, the Parks & Recreation Director shall review the Parkland Dedication Ordinance and make any recommendations for revision to the Town Council. (Ord. No. 2005-19, § VIII, 8-15-05, Repealed by Ord. No. 2006-06, § IX, 3-6-2006) Chapter 5 – General Land Use Section 5.09 Requirements To Be Satisfied Prior to Development A. It shall be unlawful for any person who is required to convey land, or pay money in lieu of land, as required by this Ordinance, to begin, or allow any other person or contractor to begin, any construction or improvements on any land within the development to which this Ordinance applies, until the required conveyance of land, or payment of money in lieu of land is made to the Town in accordance with this Ordinance. (Ord. No. 2005-19, § IX, 8-15-05, Repealed by Ord. No. 2006-06, § X, 3-6-2006) Chapter 5 – General Land Use Section 5.10 Permits and Services to be Withheld A. No building permits shall be issued for, and no permanent utility services shall be provided to any land within any development to which this Ordinance applies until the required conveyance of land or payment of money in lieu of land is made to the Town in accordance with this Ordinance. (Ord. No. 2005-19, § X, 8-15-05, Repealed by Ord. No. 2006-06, § XI, 3-6-2006) Chapter 5 – General Land Use Section 5.11 Redetermination of Requirements For Proposed Additional Dwelling Units A. After the Town Council has made a determination of the requirements of this Ordinance, or after the requirements of this Ordinance have been met, based upon the proposed number of residential dwelling units for any land to which this Ordinance applies, any person who desires to construct a number of dwelling units in excess of the number dwelling units for which the requirements of this Ordinance were determined or met, must submit to the Town Council a revised zoning proposal for additional dwelling units for the development. Once the Town Council has approved a zoning ordinance increasing the number of dwelling units allowed on a platted lot, the developer shall either convey additional park land through a plat or replat, or shall pay a fee in lieu of park land for the additional dwelling units, at issuance of building permits. Where a payment of money was originally made to meet the requirements of this Ordinance, the person proposing to construct additional dwelling units may be required to convey land for all or part of the development. In such case, after the required conveyance is made, the payments, or portion thereof, previously made, which are satisfied by the dedication of land, shall be returned by the Town. (Ord. No. 2005-19, § XI, 8-15-05, Repealed by Ord. No. 2006-06, § XII, 3-6-2006) Chapter 5 – General Land Use Section 5.12 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. (Ord. No. 2005-19, § XII, 8-15-05, Repealed by Ord. No. 2006-06, § XIII, 3-6-2006) Chapter 5 – General Land Use Article VI Oil and Gas Well Manual Section 6.01 Standards For Oil and Gas Well Drilling and Production A The drilling and production of an oil or gas well by right or by a Specific Use Permit required by this Article shall include the following standards: 1. Compliance With The Development Site Plan Drilling or production of a well shall not begin until an Oil or Gas Well Development Site Plan is on file and is in compliance with the provisions outlined in this Article and Chapter 13, Section 5.12 of the Code of Ordinances, following approval by the Town Council upon recommendation from the Planning & Zoning Commission. a. The Development Site Plan shall provide for adequate sanitation facilities, access roads, drainage, erosion control and other necessary supporting facilities identified on the Well Development Site Plan. b. The design, location, and arrangement of all driveways and parking spaces shall provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments. c. A Road Repair Agreement shall be filed with the Community Development Department of the Town. 2. On-Site Requirements a. A secured entrance gate and a sign shall be required. The sign identifying the entrance to the drill site or operation site shall be reflective. b. Temporary six-foot (6’) chain link or approved alternative fences shall be required to surround drill sites during initial drilling and completion, and shall be locked when no operations personnel are present. c. Permanent cedar fences with masonry columns spaced not less than sixteen feet (16’), nor more than twenty-four feet (24’) surrounding producing sites shall be a minimum of eight feet (8’) in height or higher than the enclosed equipment and shall remain locked at all times when no one is present. For security purposes, all permanent fencing structures shall have a wrought iron gate to allow visibility into the well site. d. No refining process, or any process for the extraction of products from gas, shall be carried on at a drill site or operation site, except that a dehydrator and separator may be maintained on a drill site or operation site for the separation of liquids from gas. Any such dehydrator or separator may serve more than one well. Gas Compressor Facilities shall require a Specific Use Permit. All production equipment on an operation site shall be painted and maintained at all times, including pumping units, storage tanks, buildings, and structures. e. Permanent weatherproof signs reading “DANGER NO SMOKING ALLOWED” in a minimum of four inch (4”) lettering shall be posted at the entrance of each drill site and operation site. The sign shall include the phone number for emergency services (9-1-1), the name and phone number for the operator, and the well designation required by the Railroad Commission in two inch (2”) lettering. Chapter 5 – General Land Use f. No person shall place, deposit, or discharge or cause or permit to be placed, deposited, or discharged any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, or any refuse, including wastewater or brine, from any oil or gas operation or the contents of any container used in connection with any oil or gas operation in, into, or upon any public right-of-way, storm drain, ditch or sewer, sanitary drain or sewer, any body of water, or any private property within the corporate limits of the Town. g. All electric lines to production facilities shall be located underground in a manner compatible to those required to be installed in the surrounding areas or subdivision and shall comply with the Town Building Code. h. All fire suppression and prevention equipment required by any applicable federal, state, or local law shall be provided by the operator, at the operator’s cost, and maintenance and upkeep of such equipment shall be the responsibility of the operator. i. No operator shall excavate or construct any lines for the conveyance of fuel, water, gas or petroleum liquids on, under, or through the streets or alleys or other land of the Town without an easement or right-of-way license from the Town, at a price to be agreed upon, and then only in strict compliance with this Article, with other Codes of the Town, and with the specifications established by the Town. j. The digging up, breaking, excavating, tunneling, undermining, breaking up, or damaging of any public street or leaving upon any public street any earth or other material or obstruction, is prohibited unless the operator has first obtained written permission from the Community Development Department, and then only in compliance with specifications established by the department. k. No Oil or Gas Well Permit shall be issued for any well to be drilled within any of the streets or alleys of the Town and/or streets or alleys shown by the Comprehensive Land Use Plan, and no street shall be blocked or encumbered or closed due to any exploration, drilling, or production activities unless prior consent is obtained from the Community Development Manager, and then only temporarily. c. Operations and Equipment Practices and Standards a. Adequate nuisance prevention measures shall be taken to prevent or control offensive odor, fumes, dust, noise and vibration. b. No person shall permit any lights located on any drill or operation site to be directed in such a manner so that they shine directly on public roads, adjacent property or property in the general vicinity of the operation site. To the extent practicable and taking into account safety considerations, site lighting shall be directed downward and internally so as to avoid glare on public roads and adjacent dwellings and buildings within three hundred (300’) feet. c. The operator shall at all times comply with the rules and regulations of the Railroad Commission including but not limited to all applicable Field Rules. d. Internal combustion engines may be used in drilling and producing operations if they have mufflers that will reduce noise to not more than seventy (70) decibels at any point three hundred feet (300’) from the boundary of the drill site or operation site. The noise level during fracing operations shall reduce the noise to not more than eighty (80) decibels at any point three hundred feet (300’) from the boundary of the drill site or operation site. If noise levels at a distance of three hundred feet (300’) exceed eighty (80) decibels, a sound reduction enclosure shall be required around a drilling rig and Chapter 5 – General Land Use any internal combustion engines. Only electric motors shall be used for the purpose of pumping oil wells. Electric motors shall be used for compressors located at gas well Specific Use sites. e. There shall be no venting of gas into the open air in residential areas except as allowed by the Railroad Commission and as approved by the Fire Marshall. In parallel to gas gathering pipeline, a flow back line shall be installed to handle water and gas flow back following well fracture treatment. f. Vehicles, equipment, and machinery shall not be placed or located on a drill site or operation site or on any public street, alley, driveway, or other public Right-of-Way in such a way as to constitute a fire hazard or to unreasonably obstruct or interfere with fighting or controlling fires. g. Well servicing operations shall be scheduled to occur between the hours of 7am-6pm, in accordance with the Town’s Code of Ordinances. h. Air, gas, or pneumatic drilling shall not be permitted. i. For vehicular safety reasons, it shall be the applicant’s responsibility to immediately notify the Town of any substantial accumulations of dirt, dust, mud or other debris deposited on Town thoroughfares by vehicles involved in the well drilling or servicing or pipeline installation process. If Town personnel or other third parties are used for the removal, the cost of such removal shall be paid by the applicant. 4. Storage Tanks and Separators a. An operator is allowed to construct, use, and operate such storage equipment and separation equipment as shown on the application for the Oil & Gas Development Site Plan approved by the Planning & Zoning Commission and the Town Council. b. The use of centralized tank batteries is permitted as shown on the applicable Development Site Plan. c. No meters, storage tanks, separation facilities, or other above ground facilities shall be placed in the one hundred (100) year floodplain. 5. Flow Lines and Gathering Lines a. Each operator shall place an identifying sign at each point where a flow line or gathering line crosses a public street or road. b. Each operator shall place a warning sign for lines carrying H2S (Hydrogen Sulfide) gas as required by the Railroad Commission. If a gas field in the Town is identified as a H2S gas field the operator shall be required to cease operations. c. All flow lines and gathering lines within the corporate limits of the Town (excluding Town utility lines and franchise distribution systems) that are used to transport oil, gas, and/or water shall be limited to the maximum allowable operating pressure applicable to the pipes installed and shall be installed with at least the minimum cover or backfill specified by the American National Safety Institute Code, as amended. d. Easements must be acquired for all flow lines, gathering lines and flow back lines. The location of easements shall be shown in a map approved by the Planning & Zoning Commission and the Town Council prior to the installation of any pipelines. Chapter 5 – General Land Use e. Structures shall not be built over flow lines or gas gathering pipelines. f. The location of all pipelines must be marked with warning signs in accordance with industry standards. Within the Town of Trophy Club, the distance between such signs shall not exceed five hundred feet (500’). In addition, during backfill of pipeline excavations, “Buried Pipeline” warning tape shall be buried one foot (1’) above the pipeline to warn future excavators of the presence of buried pipeline. 6. Additional Safety and Environmental Requirements a. The drilling and production of oil and gas and accessing the oil or gas well site shall be in compliance with all State and Federal environmental regulations and shall not occur within Environmentally Sensitive Areas designated by the Corps of Engineers. b. Oil and Gas wells may have a target location or bottom-hole location that is under an Environmentally Sensitive Area when the oil or gas well is drilled directionally from a location outside the Environmentally Sensitive Area. c. Each producing well shall be equipped with an automated valve that closes the well in the event of an abnormal change in operating pressure. All wellheads shall contain an emergency shut off valve to the well distribution line. d. Each storage tank shall be equipped with a level control device that will automatically activate a valve to close the well in the event of excess liquid accumulation in the tank. e. Storage tank facilities shall be equipped with a secondary containment system including lining with an impervious material. The secondary containment system shall be of a sufficient height to contain one and one-half (1½) times the contents of the largest tank in accordance with the Fire Code, and the impervious liner shall be covered with at least one foot (1’) of sand. Drip pots shall be provided at pump out connections to contain the liquids from the storage tank. f. Tank battery facilities shall be equipped with a remote foam line utilizing a 2.5” National Standard Hose Thread female inlet connection in locations approved by the Fire Department. A lightning arrestor system shall be installed according to the most current edition of the National Electrical Code. g. An approved Hazardous Materials Management Plan shall be on file with the Fire Department. The costs of cleanup operations due to hazards associated with a well site shall be the responsibility of the applicant. h. All wells shall be abandoned in accordance with the rules of the Railroad Commission; however, all well casings shall be cut and removed to a depth of at least ten feet (10’) below the surface. i. No structures shall be built over an abandoned well. j. No salt-water disposal wells shall be located within the Town of Trophy Club. k. An impervious lining of all pits shall be required. l. Following completion of drilling operations or when a drill site is abandoned the operator shall restore the site within sixty (60) days as near as practical to its pre-drilling condition. 7. Supplemental Drilling Chapter 5 – General Land Use a. Supplemental drilling to deepen or directional drill an existing well shall be conducted in accordance with the conditions for the applicable Specific Use Permit or underlying zoning classification that permits oil and gas development by right. The operator shall provide the Planning & Zoning Coordinator a copy of additional Railroad Commission permits that allow drilling to a deeper depth. b. Supplemental drilling to deepen or directional drill an existing well shall be conducted in accordance with the approved Oil and Gas Well Permit for the well on file with the Town. 8. Drilling and production of oil and gas wells shall comply with all local, State and Federal laws applicable to oil and gas well drilling, production and operations. (Ord. No. 2003-12 P&Z, § II, 8-4-03) Code of Ordinances Cross Reference: (Hours of Well Servicing Operations), Chapter 8, § 1.01; (Oil & Gas Well Manual), Chapter 13, § 5.12 Chapter 5 – General Land Use Section 6.02 Requirements Specific to an Oil and Gas Well Development Site Plan A Any person who proposes extraction of oil or gas on a tract of land located within the corporate limits of the Town of Trophy Club shall prepare an Oil or Gas Well Development Site Plan. In addition to the requirements outlined in the Oil and Gas Well Development Site Plan Checklist, the following shall apply: 1. All proposed oil or gas developments shall be in compliance with the Specific Use Permit applicable to the oil or gas well location; 2. Erosion control is required and shall comply with all local, State and Federal requirements. The operator shall file a copy of the Storm Water Pollution Plan if required by the EPA; 3. Reserve pits shall be lined to prevent water pollution; 4. With the exception of vehicular access, no development is allowed in a floodplain; 5. Prior to approval of an Oil or Gas Well Development Site Plan, a Road Repair Agreement that will obligate the operator to repair damage to public streets, including but not limited to bridges, caused by the operator (or by the operator’s employees, agents, contractors or representatives) in the performance of any activity authorized by or contemplated by the approved Oil or Gas Well Permit must be executed with the Town of Trophy Club. The Town Manager shall have the authority to execute the Road Repair Agreement upon approval by the Town Council; and 6. A video documenting the existing conditions will be required prior to approval of the Road Repair Agreement. 7. An Oil & Gas Well Development Site Plan shall: a. Identify truck routes and access points; and b. Identify Environmentally Sensitive Areas (ESA’s) including floodplains and any proposed floodplain, creek and stream crossings. i. All floodplain, creek and stream crossings, if not at grade, shall be designed to a 10-year storm frequency. ii. All floodplain crossings shall have no negative affects on surrounding property. iii. A drainage study sufficient to substantiate the above requirements will be required as part of the submittal if crossings are proposed. c. Identify and indicate the proposed method of erosion control. 8. The drilling rig and associated drilling equipment shall be removed from the well site within thirty (30) days of the completion of the well or drilling activities. (Ord. No. 2003-12 P&Z, § II, 8-4-03) Code of Ordinances Cross Reference: (Oil & Gas Well Site Plan), Chapter 13, § 5.12 Chapter 5 – General Land Use Section 6.03 Penalty It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. (Ord. No. 2003-12 P&Z, § III, 8-4-03) (Code of Ordinances Cross Reference: (Oil and Gas Well Manual), Chapter 13, § 5.12 Chapter 6 – Health and Sanitation Chapter 6 - Health and Sanitation Chapter 6 – Health and Sanitation Article I Health Inspector Section 1.01 Health Authority That there is hereby established a Health Authority for the Town of Trophy Club, which Health Authority shall have and perform the following duties: 1. That the Health Authority shall have the authority to provide public health education and information services to the citizens of the Town. 2. Establishing, maintaining, and enforcing quarantine within the Town; 3. Assisting and aiding the Board and Town in all matters of local quarantine, inspection, disease prevention and suppression, birth and death statistics, and general sanitation within the Town; 4. Reporting to the Board and Town, in such manner and form and at such times as they shall prescribe, the presence of contagious, infectious, and dangerous epidemic diseases within the Town; 5. Reporting to the Board and Town on all other matters as may be proper for the Board and Town to direct; and 6. Aiding the Board and Town at all times in the enforcement of proper rules, regulations, requirements, and Codes and in the enforcement of all sanitation laws, quarantine regulations, and vital statistics collections in the Town. (Ord. No. 87-26 § II, 11-11-87 Amended by Ord. No. 88-05, § I, 1-18-88) Chapter 6 – Health and Sanitation Section 1.02 Payment of Expenses That the Town Council may, by motion, authorize the payment of necessary expenses which may be incurred by the Health Authority in attending Board conferences relating to the duties and functions of the Health Authority. (Ord. No. 87-26, § III, 11-11-87) Chapter 6 – Health and Sanitation Section 1.02 Term of Health Authority A. That the Town Council shall appoint a Health Authority for a term of two years to serve within the Town. The Health Authority so appointed shall serve in that capacity for a term of two (2) years and may be reappointed for successive terms. A Health Authority shall be: 1. A competent physician who is legally qualified to practice medicine under the laws of the State of Texas and who is of reputable professional standing; and 2. A resident of the State of Texas. Each appointee shall take and subscribe to an official oath and file a copy of the oath and appointment with the Board. The said appointee shall not be deemed legally qualified to serve as Heath Authority until such documents are filed. (Ord. No. 87-26, § IV, 11-11-87) Chapter 6 – Health and Sanitation Section 1.03 A Resident of the State of Texas A Health Authority may be removed from office for cause pursuant to the personnel procedures applicable to the heads of departments of the Town. (Ord. No. 87-26, § V, 11-11-87) Chapter 6 – Health and Sanitation Section 1.05 Removal of Health Authority A Health Authority may be removed from office for cause pursuant to the personnel procedures applicable to the heads of departments of the Town. (Ord. No. 87-26, § V, 11-11-87) Chapter 6 – Health and Sanitation Section 1.06 Appointment The Town Council does hereby ratify and confirm the appointment as Health Authority of Dr. Catherine L. Matchett made prior to the date of adoption of this Article. The term of office as Health Authority to be held by Dr. Matchett shall be for two (2) years from _________________, 1987. (Ord. No. 87-26, § VI, 11-11-87) Chapter 6 – Health and Sanitation Article II Food Establishment Regulations Section 2.01 Adoption of Texas Food Establishment Rules The Town of Trophy Club, Texas (“Town”), adopts (by reference the provisions of the current Rules or Rules as amended by) the Texas Department of Health, Bureau of Food and Drug Safety, Retail Foods Division, “Texas Food Establishment Rules”, 25 Texas Administrative Code §§229.161 – 229.171, and 229.173 – 229.175, as amended.” A certified copy of the Rules shall be filed and maintained in the office of the Town Secretary, and the same are hereby adopted and incorporated herein as if the same were copied in their entirety and the provisions thereof shall be controlling within the Town. (Ord No. 2006-01, § II, 1-9-06) Chapter 6 – Health and Sanitation Section 2.02 Definitions That the following words and terms, when used in this Ordinance, shall have the following meanings unless the context clearly indicates otherwise: Commissary: A catering establishment, restaurant or any other place in which food, food containers, or food supplies are kept, handled, prepared, packaged or stored. Commissary shall not mean a residential kitchen, but constitutes a commercial food service operation that is operated and maintained pursuant to state rules and regulations. Critical Violations: Critical items as defined on the Food Service Establishment Inspection Report distributed by the Texas Department of Health with a demerit weight of four (4) or five (5) and requiring immediate attention. Director of Community Development or Director: The Director of Community Development of the Town of Trophy Club or the Director’s designated official. Extensive Remodeling: When 20% or greater area of a Food Establishment is being remodeled, which necessities a permit being obtained prior to performing any remodeling. Follow-up Inspection: Any inspection, other than a routine inspection or full follow-up re-inspection, conducted of a permitted food establishment, after notice has been given to the establishment to correct a violation, to document that the violation has been corrected. Food: Raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption. Food-borne Illness: Diseases, usually either infectious or toxic in nature, caused by agents that enter the body through the ingestion of food. Food Establishment: A restaurant, café, hotel dining room, grocery store, meat market, soft drink stand, hamburger stand, ice cream wagon, day care center, or any place where food or drink for human consumption is offered for sale, given in exchange or given away. It includes temporary food establishments and mobile units. The term does not include the following operations and establishments, provided that the operations do not expose the public to a substantial and imminent health hazard as determined by the Town Health Officer: a. An organization that serves only its own membership and immediate guests or other structured groups of persons who gather occasionally for fellowship and society that provide the food from amongst their membership; b. An establishment which handles only fresh unprocessed fruits, nuts and vegetables and which operates from a unit that is mobile in nature; and c. The sale, distribution or service of food at an event, party or other special gathering that is not open to persons other than the members or invited guests of the sponsor, provided that there is no public advertisement of the event, public solicitation of funds at or for the event, or participation by the general public in the event. Food Establishment Permit or Permit: The permit issued to a food establishment to operate within the Town. Chapter 6 – Health and Sanitation Food Protection Manager: A person who has shown proficiency of required information through passing a test that is part of a food protection management program accredited by the Texas Department of Health, according to 25 TAC Section 229.172, and has responded correctly to questions as they relate to specific food operations. Full Follow-up Re-inspection: A complete inspection of a permitted food establishment which is required to be conducted within seventy-two (72) hours of a full routine inspection which resulted in a rating where the cumulative demerit value of the establishment exceeded 30 demerits, to ensure that all noted violations have been corrected. Law: Federal, state and local statutes, ordinances and regulations. Mobile Unit: A vehicle-mounted food establishment or a food establishment pulled behind a vehicle so as to be readily moveable. Nonprofit Organization: A civic or fraternal organization, charity, lodge, association, proprietorship, or corporation possessing on Internal Revenue Code §501(c)3 exemption; or religious organizations meeting the definition of “church” under the Internal Revenue Code §170b.1.a.(I). Packaged: Bottled, canned, cartoned or securely wrapped. Person: Any individual, partnership, corporation, association or other legal entity. Person in Charge: The person present in a food establishment who is the apparent supervisor of the food establishment at the time of inspection. If no person is the apparent supervisor, then any employee present is the person in charge. Potentially Hazardous Food: Food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms; the growth and toxin production of clostridium botulinum; or in raw shell eggs, the growth of salmonella enteritidis. Regulatory Authority: The State of Texas and/or the Town of Trophy Club, Texas. Routine Inspection: An unannounced inspection conducted of a permitted Food Establishment to determine the compliance of the establishment with the provisions of this Ordinance. Rules: The Texas Department of Health, Bureau of Food and Drug Safety, Retail Foods Division, “Texas Food Establishment Rules”, 25 Texas Administrative Code §§229.161 – 229.171, and 229.173 – 229.175, as amended.” Snow Cone: Snow cone and/or a snow cone-type product defined as crushed or shaved ice served in a single use container and topped with flavored syrups. Supervisory Personnel: The certificate holder, individual having supervisory or management duties and any other person working in a food establishment who may be in charge of its operation. Temporary Food Establishment: A food establishment that operates at a fixed location for a period of time of not more than fourteen (14) consecutive days in conjunction with a single event or celebration. Town Health Officer: The person(s) employed by or with whom the Town has a contract to provide inspection and other services necessary for the administration and enforcement of the Rules and Codes regulating food establishments and the service and sale of food within the Town of Trophy Club. Chapter 6 – Health and Sanitation (Ord. No. 2002-24, § II & III, 6-3-02, Repealed by Ord. No. 2006-01, § III, 1-9-06) Chapter 6 – Health and Sanitation Section 2.03 Enforcement of These Provisions A. The Director of Community Development is responsible for the enforcement of the rules and the provisions of this Article. (Ord. No. 2006-01, § IV, 1-9-06) Chapter 6 – Health and Sanitation Section 2.04 Permits & Exceptions A. No Person shall operate a Food Service Establishment who does not have a valid permit, issued to him by the Regulatory Authority. Only a person who complies with the requirements of these rules shall be entitled to receive or retain a permit. A valid permit shall be posted and visible to the public in every Food Service Establishment. Permits are not transferable from one person to another or from one location to another except as otherwise permitted by this Article. B. A Food Establishment operated solely by a nonprofit or public organization is exempt from the permitting requirements of this Article, but is not exempt from compliance with state rules or inspections. The Town may require any information necessary to determine whether an organization is nonprofit or public for purpose of this exemption. (Ord. No. 2002-24, § IV, 6-3-02, Repealed by Ord. No. 2006-01, § V, 1-9-06) Chapter 6 – Health and Sanitation Section 2.05 Permit Requirements A. Permit requirements to operate a Food Establishment 1. A Person commits an offense if the Person sells, offers to sell, gives away, trades or otherwise conveys food to the public or operates a Food Establishment within the Town of Trophy Club, Texas, without having first obtained a Food Establishment Permit issued by the Regulatory Authority. 2. A Person commits an offense if the Person operates a Food Establishment in violation of the Rules or of this Article. B. Issuance of Permits A Person desiring to operate a Food Establishment shall make written application for a permit on forms provided by the Town. The application shall include: a. The applicant’s full name and street address and whether such applicant is an individual, firm, corporation or partnership. If the applicant is a partnership, the names of the partners, together with their addresses shall be included; b. The location and type of proposed Food Establishment; c. The signature of the applicant or applicants, or agents; d. Copy of the valid driver’s license or other state identification card of the applicant or the applicant’s agent; e. Copy of valid Food Protection Manager’s certificate; and f. Such other information as the Director deems necessary. 2. An application for a Permit for a Mobile Unit, or Temporary Food Establishment which operates from a fixed Food facility, or “Commissary,” located outside the Town, shall include with the completed application a copy of the facility’s current, valid state and/or local health Permit. 3. Prior to approval of an application for an existing, proposed or extensively remodeled Food Establishment, the Director of Community Development shall review all available documentation for such establishment to insure that such facility complies with the Rules and regulations of this Article. An application for a Permit shall be denied if any part of the application is improperly or erroneously completed, or if any part of the required documentation is not properly submitted. A Person whose application is denied may appeal the denial in accordance with the provisions of Section 2.07 of this Article. 4. If a single building or establishment contains multiple, separate, distinct Food operations, regardless of whether one or all of the operations are owned or operated by one or more individuals or entities, a separate Food Establishment Permit and payment of a separate Permit fee shall be required for each operation. C. Permit Fee and Duration 1. Except as set forth in subsection 3 of this Section, each Food Establishment operating within the corporate limits of the Town shall pay the Permit fee to the Town as provided in the Town’s Schedule of Fees at the time of application. Chapter 6 – Health and Sanitation 2. A Permit shall remain in force for one year from the date of issuance unless suspended or revoked for cause as provided herein. 3. No Permit fee shall be charged to any Food Establishment owned and operated by a governmental agency, independent school district, institution of purely public charity, church and/or other non-profit organization; however, such establishments shall be required to obtain a Permit and comply with all other requirements of these Rules and codes. Documentation of tax- exempt status of a non-profit organization under Federal or State Law must be provided to the Town at the time of application in order to be exempt from payment of the Permit fee. 4. As a condition of the Permit, the Food Establishment shall be responsible for payment of the inspection fees assessed in accordance with this Ordinance and for any examination fees required. A Permit shall not be renewed unless the Permit holder has paid all fees previously assessed. (Ord. No. 2002-24, § V, 6-3-02, Repealed by Ord. No. 2006-01, § VI, 1-9-06) Code of Ordinances Cross Reference: (Food Establishment Permit Fee), Chapter 1, § 8.03 Chapter 6 – Health and Sanitation Section 2.06 Suspension of Permit A. Order of Suspension The Director shall notify the Permit holder, operator, or Person in Charge of the Food Establishment at the time of inspection, in writing, that the Permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if the Permit holder submits a written request for a hearing within five (5) days. The hearing shall be held in accordance with Section 2.07 of this Article. Notwithstanding the other provisions of this Article, whenever the Town finds unsanitary or other conditions in the operation of a Food Establishment which constitute a substantial hazard to the public health, a written notice may be issued to the Permit holder, operator, or Person in Charge citing such condition, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken. If necessary, the order may state that the Permit is immediately suspended and all Food operations are to be immediately discontinued. If a Permit holder, operator, or Person in Charge has failed to correct a violation of this Article after receiving two (2) written notices for the same violation, whether noted during a Routine Inspection or re-inspection, the Director may suspend the Food Establishment Permit. Suspension may be appealed in accordance with Section 2.07 of this Article. B. Sign If a Permit is suspended, a sign stating “Closed by Order of the Town of Trophy Club Community Development Department” shall be placed on the entrance to the Food Establishment in plain view of the public. A Person commits an offense if the Person removes, covers, alters, defaces, or otherwise makes or causes such sign to be unreadable. C. Reinstatement of Suspended Permit A Person whose Food Establishment Permit has been suspended may, at any time, make written application for a re-inspection for the purpose of reinstating the Permit. The application shall include, a statement signed by the applicant, stating the conditions causing suspension of the Permit have been corrected, and explaining how they have been corrected. The Director shall make a re- inspection. If upon re-inspection, the establishment is found to be in compliance with the requirements of this Article, the Director shall reinstate the Permit upon payment of reinstatement fee as per the Town’s Schedule of Fees. (Ord. No. 2002-24 § VII, 6-3-02, Repealed by Ord. No. 2006-01, § VII, 1-9-06) Code of Ordinances Cross Reference: (Reinstatement Fee), Chapter 1, § 8.03 Chapter 6 – Health and Sanitation Section 2.07 Revocation of Permit A. Basis The Director may revoke a Food Establishment Permit if the Permit holder has received two (2) written notices for the same Critical Violation(s) or for repeated violations of any of the requirements of this Article, or for interference with the Town Health Officer in the performance of his or her duties. Prior to such action, the Town shall notify the Permit holder in writing, stating the reasons for which the Permit is subject to revocation, and advising that the Permit shall be permanently revoked at the end of five (5) days following service of such notice, unless the Permit holder files a written request for an appeal with the Director, within such five (5) day period, which shall state the reasons the revocation is not authorized. A Permit may be suspended pending its revocation or a hearing relative thereto. B. Appeal If requested, an appeal hearing shall be conducted by the Trophy Club Municipal Court. Such hearing shall be an administrative hearing and shall be conducted within seven (7) business days of the date that the appeal is filed with the Town. The Municipal Court Judge shall make a finding and shall sustain, modify or rescind any official notice or order considered in the hearing. The Court shall provide a written decision to the Permit holder at the address furnished by the Permit holder within seven (7) business days after the date of the hearing. (Ord. No. 2003-08, § VIII, 6-3-02, Repealed by Ord. No. 2006-01, § VIII, 1-9-06) Chapter 6 – Health and Sanitation Section 2.08 Inspection of Food Establishments A. Inspection Frequency An inspection of a Food Establishment shall be performed at least once every six (6) months. Additional inspections of the Food Establishment shall be performed as often as necessary for the enforcement of the Rules, this Article and other applicable law. B. Fee An inspection fee shall be charged in accordance with the Town’s Schedule of Fees, as adopted by the Town Council, as amended from time-to-time. C. Right of Entry As a condition of the Food Establishment Permit, an employee or agent of the Town, after presenting proper identification, shall be Permitted to enter any Permitted Food Establishment at any reasonable time, for the purpose of making inspections to determine compliance with provisions of this Article. The agent shall be permitted to examine the records of the establishment to obtain information pertaining to Food and supplies purchased, received, or used, or to Persons employed. D. Findings Whenever an inspection of a Food Establishment or Commissary is made, the Town Health Officer shall record the findings on an inspection report form. The inspection report form shall summarize the requirements of the Rules and of this Article and shall set forth a weighted point value for each requirement. Inspectional remarks shall be written to reference, by section number, the section violated and shall state the correction to be made. The rating score of the establishment shall be the total of the weighted point values for all violations, subtracted from one hundred (100). A full follow-up inspection shall be conducted if the inspection of the establishment results in at least thirty (30) demerits. E. Report A copy of the inspection report form shall be furnished to the Person in Charge of the Food Establishment at the conclusion of the inspection. The completed inspection report form is public information that shall be made available for public disclosure to any Person who requests it in accordance with applicable Law. F. Re-inspection Fee 1. Follow-Up Inspection If a Follow-Up Inspection of a Food Establishment is required by the Town to verify correction of a violation, a re-inspection fee as specified in the Town’s Schedule of Fees, as amended, shall be paid to the Town. This fee shall be submitted to the Town within seventy-two (72) hours of the re-inspection. 2. Multiple Violations If a Routine Inspection of a Food Establishment reveals serious, multiple violations in food Chapter 6 – Health and Sanitation safety or overall level of sanitation as identified in the inspection report, a Full Follow Up Re- Inspection will be conducted of the establishment to verify correction of the existing condition. In this instance, a fee of 50% of the Food Establishment’s annual Permit fee shall be submitted to the Town along with a signed letter, stating that each identified violation is corrected, and the method of correction, prior to the scheduled date of re-inspection. G. Failure to Pay Failure to pay the required re-inspection fee(s) or to timely remedy all violations shall result in the immediate suspension of the establishment’s Permit, and the establishment shall be ordered to cease operation immediately. The Food Establishment shall remain closed until the violation(s) are corrected, all required fees are paid, and a re-inspection is conducted to verify that the violations are corrected. H. Correction of Violations 1. Correction Periods The inspection report form shall specify a reasonable period of time for the correction of the violations found, and correction of the violations shall be accomplished within the period specified in accordance with the following provisions: a. If an imminent health hazard exists such as complete lack of refrigeration or sewage backup into the Food Establishment, the establishment shall immediately cease food service operations. Operations shall not be resumed until all violations are corrected and operations are authorized by the Town. b. All violations of four (4) or five (5) point weighted items shall be corrected as soon as possible, but in any event, within ten (10) days following inspection, the holder of the permit, license, or certificate shall submit a written report to the Regulatory Authority stating that four (4) or five (5) point violations have been corrected. A Follow-Up Inspection shall be conducted to confirm correction. c. All one (1) or two (2) point weighted items shall be corrected as soon as possible, but in any event, by the time of the next Routine Inspection, but not later than ninety (90) calendar days after the initial inspection. d. When the rating score of the establishment is less than sixty (60), the establishment shall initiate corrective action on all identified violations within forty-eight (48) hours. One or more re-inspections will be conducted at reasonable time intervals to assure correction. 2. Contents The inspection report shall state that failure to comply with any time limits specified for corrections may result in suspension or the cessation of Food service operations. An opportunity for appeal from the inspection findings and time limitations will be provided if a written request for a hearing is filed with the Director within ten (10) days following suspension. If a request for a hearing is received, the Director shall hold a hearing within twenty (20) days of receipt of the request. 3. Closure Whenever a Food Establishment is required under the provisions of this section to cease operations, it shall not resume operations until such time as a re-inspection determines that conditions responsible for the requirement to cease operations no longer exists. Opportunity Chapter 6 – Health and Sanitation for re-inspection shall be offered within a reasonable time given the applicable deadlines for correcting violations. (Ord. No. 2002-24, § X, 6-3-02, Repealed by Ord. No. 2006-01, §, IX, 1-9-06) Code of Ordinances Cross Reference: (Food Establishment Inspection Fee & Reinspection Fee), Chapter 1, § 8.03 Chapter 6 – Health and Sanitation Section 2.09 Examination and Condemnation of Food A. Hold Order The Director may examine or sample Food as often as necessary for enforcement of the Rules, this Article and any other applicable law. The Director may, upon written notice to the owner or Person in Charge specifying with particularity the reasons therefore, place a hold order on any Food, which it believes is in violation of any provision of the Rules, this Article and any other applicable law. The Director or other Regulatory Authority shall tag, label, or otherwise identify any Food subject to the hold order. No Food subject to a hold order shall be used, served, or moved from the establishment. The Director shall Permit storage of the Food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. B. Hearing The hold order shall state that a request for hearing may be filed within ten (10) days and that if no hearing is requested the food shall be destroyed. The Municipal Court Judge shall hold an administrative hearing if so requested, and on the basis of evidence produced at that hearing, the hold order may be vacated, or the owner of person in charge of the Food may be directed by written order to denature or destroy such Food or to bring it into compliance with the provisions of this Article. C. Procedure When Infection is Suspected When the Director has reasonable cause to suspect the possibility of disease transmission from any Food Establishment employee, he may secure morbidity history of the suspected employee or make any other investigation as may be indicated and shall take appropriate action. In this instance, the Director may require any or all of the following measures: 1. The immediate exclusion of the employee from all Food Establishments; 2. The immediate closing of the Food Establishment concerned until, in the opinion of the Director, no further danger of disease outbreak exists; 3. Restriction of the employee’s services to some area of the establishment where there would be no danger of transmitting the disease; and/or 4. Adequate medical and laboratory examination of the employee, of other employees and of his/her and their body discharges, at the Food Establishment’s expense. (Code 1974, 8-90) (Ord. No. 2006-01, § X, 1-9-06) Chapter 6 – Health and Sanitation Section 2.10 Submission and Review of Plans Required A. Requirements A Person commits an offense if the Person: 1. Constructs a Food Establishment without submitting plans and specifications for such construction, remodeling, or conversion to the Director for review and approval before construction begins; 2. Extensively Remodels a Food Establishment without submitting plans and specifications for such remodeling to the Director for review and approval before remodeling; or 3. Converts an existing structure to a Food Establishment without submitting properly prepared plans and specifications for the conversion to the Director for review and approval before conversion begins. B. Plans The plans and specifications shall indicate the proposed layout of the facility, arrangement of all intended equipment, mechanical plans, types of construction materials and finish schedules for all areas, and the type and model of all proposed equipment to be installed. The Director shall review and approve the plans and specifications to determine if they meet the requirements of this Article. C. Compliance with Code No Food Establishment shall be constructed, Extensively Remodeled or converted except in accordance with plans and specifications approved by the Director. Food facility owners/operators as well as all general contractors and sub-contractors, shall ensure during plan review, construction, and operation that their facilities comply with all applicable Town Plumbing, Mechanical, Electrical, Building, Zoning, and Fire Prevention and Protection Codes. D. Permit A building Permit to begin construction shall not be issued until the Town has reviewed and approved the plans and specifications for the proposed construction. E. Approved Materials Only commercial-quality equipment, utensils, and materials that meet or exceed current accepted National Sanitation Foundation (NSF) standards, or their equivalent, will be approved for installation and use. F. Inspections The Director shall conduct one or more inspections of the Food Establishment prior to the start of operations to determine compliance with the approved plans and specifications, the requirements of this Section, this Article and any other applicable law. G. Closure If upon inspection at any time, the Food Establishment facility is found to not be constructed in accordance with approved plans, and/or any fixed equipment has been added or removed without prior approval by the Town, the Director shall order the establishment to cease operation Chapter 6 – Health and Sanitation immediately, and to replace or remove the equipment in question, before resuming operation. H. Fee A fee for plan review shall be assessed in accordance with the fee schedule set forth in the Town’s Schedule of Fees. (Ord. No. 2006-01, § XI, 1-9-06) Code of Ordinances Cross Reference: (Plan Review Fee), Chapter 1, § 8.03 Chapter 6 – Health and Sanitation Section 2.11 Food Protection Manager Required A. Requirement A Person commits an offense if the Person owns, manages or operates a Food Establishment and fails to employ at least one “Person in charge” who is on-site during all hours of operation of that Food Establishment who is responsible for Food preparation, presentation, sales, and service and who has a valid Food Protection Manager registration issued by the State of Texas. B. Additional Managers 1. The Town may require additional certified Food Protection Managers in sufficient number to insure that all areas of Food preparation, presentation, sales and service, during times of operation are under the direction of certified Supervisory Personnel. 2. A Person commits an offense if the Person owns, manages or operates a Food Establishment and permits said establishment to be operated with less than the required number of certified Food Protection Managers. C Replacement Required 1. A Person commits an offense if the Person owns, manages or operates a Food Establishment and fails to: a. Provide the Town written notice, within seven (7) days of the effective date of termination or permanent transfer of the certified Food Protection Manager; b. Employ another registered Food Protection Manager within thirty (30) days of the effective date of termination or permanent transfer of the previous certified Food Protection Manager. D. Additional Training The Director may require a registered Food Protection Manager to successfully complete additional training when: 1. The employing Food Establishment has repeated or persistent violations of health code requirements and effective corrective action has not been instituted over a period of time as instructed by the Director; or, 2. The employing Food Establishment has been implicated by the Regulatory Authority as the source of a Food-borne illness. E. Evidence of Certification 1. During those times a Food Protection Manager is on duty at a Food Establishment, the Food Protection Manager must possess evidence of current valid certification. 2. The Food Protection Manager’s certificate shall be prominently posted in the Permitted establishment. 3. A Food Protection Manager certificate is not transferable. F. Responsibilities of Food Protection Managers Chapter 6 – Health and Sanitation A Food Protection Manager shall be responsible for adequate instruction of the employees of the Food Establishment for which the Food Protection Manager works to ensure and maintain safe Food handling practices within the establishment. G. Exemption From Requirements 1. The Director may waive the requirements of this Section for: a. Food Establishments that serve, sell, or distribute only prepackaged Foods, and/or open Foods that are not potentially hazardous; and/or b. Temporary Food Establishments, special facilities and/or events. 2. The Director may require the manager of a Food Establishment exempted under Subsection (1) to comply with the Food Protection Manager’s certification requirements if critical Food safety violations are observed, or, in the judgment of the Director, the nature of the operation requires such certification. (Ord. No. 2006-01, § XII, 1-9-06) Chapter 6 – Health and Sanitation Section 2.12 Snow Cone Establishments A. Permit Requirements for Snow Cone Establishments: A Person commits an offense if the Person: 1. Operates a Snow Cone establishment out of a temporary building without a Food Establishment Permit issued by the Town; or 2. Operates a Snow Cone establishment in violation of the requirements of Section 6 of this Ordinance. B. Direction Unless suspended or revoked under the provisions of this Ordinance, a Permit for a Snow Cone establishment shall be valid for a period of six (6) months from the date of issuance. No Permit shall be valid longer than six (6) months from the date of issuance. C. Revocation and Appeal A Permit is subject to revocation in accordance with the procedures set forth in Section 8of this Article, for violations of the provisions of this Article. A revoked Permit is subject to appeal in accordance with the provisions of Section 2.07 or other applicable provisions of this Ordinance, the Rules, or other local, state or federal law. D. Fee An applicant shall pay a Permit fee at the time of application in accordance with Section 6 of this Article. E. Special Requirements For Snow Cone Establishments: A Person who operates a Snow Cone establishment shall: 1. Prepare or offer for sale only Snow Cones, Snow Cone-related Foods, and commercially prepackaged non-Potentially Hazardous Foods, and all products must come from an approved source, as defined by state law; 2. Not serve or utilize Potentially Hazardous Foods, toppings, or flavorings, as defined by the Texas Food Establishment Rules; and 3. Use only ice obtained in chipped, crushed, cubed, or blocked form and in single-service packaging, filled and sealed at the point of manufacture. The ice shall be held in these bags until dispensed in a way that protects it from contamination. F. Required Equipment: A Snow Cone establishment shall contain: 1. A single-unit-type, stainless steel, three (3) compartment sink with attached drain boards. The sink compartments shall be large enough to accommodate the largest piece of equipment or utensil that must be used and cleaned in the facility; 2. A separate, dedicated hand-washing sink with hand-cleansing soap and sanitary, single-use towels. The sink shall be provided with hot and cold water, immediately available on demand; and 3. Service and delivery openings designed and functioned properly to prevent the entrance of flying insects. Service openings shall be closed, or screened, except during actual service of Chapter 6 – Health and Sanitation Food to a consumer. G. Water Supply: The water supply for a Snow Cone establishment shall comply with the following requirements: 1. All equipment used for a potable water supply system shall be listed for such use by an organization acceptable to the Town and shall be installed and operated according to Law. 2. All potable water not provided directly by pipe to the establishment from an approved source shall be transported in bulk water transport system or individual containers and shall be delivered by direct connection to a self-contained water system, or be delivered to a self- contained water system by direct hose attachment from an approved water source. 3. All potable water containers or hoses shall be used only for water supply purposes. 4. A self-contained water system of sufficient capacity to furnish an adequate quantity of potable water for cleaning and hand-washing purposes shall be provided (minimum 15 gallons). If at any time the Town determines that fifteen (15) gallons is not adequate to meet the needs of the operation, the capacity must be increased to a volume approved by the Town. 5. A water heater system capable of producing water of one hundred ten degrees Fahrenheit (110° F), or hotter, which is installed and interconnected with the potable water supply, shall be provided. 6. The water system shall be capable of delivering a water supply under pressure of at least fifteen (15) pounds per square inch (psi) at all times. If such water pressure cannot be provided by gravity flow, then a tank and a pump or other means, which will provide pressure of at least fifteen (15) pounds per square inch (psi) shall be installed. H. Liquid Waste 1. If a Snow Cone establishment is not connected to the public sewage system, all liquid waste from the operation shall be held in an approved, permanently installed liquid waste retention tank, or portable removable waste retention tank. 2. The liquid waste tank shall have a capacity at least fifty percent (50%) greater than the potable water tank. 3. All waste lines shall be properly installed and connected to the liquid waste tank with watertight seals. 4. All liquid waste from the holding tank shall be transported and disposed of in an approved manner. There shall be an approved liquid waste disposal facility conveniently located and accessible for use by the establishment employees at all times. If the facility is not located within the establishment, it must be located within a three hundred foot (300’) radius of the Snow Cone establishment to be considered convenient. I. Employee Restrooms 1. A Snow Cone establishment shall have adequate, conveniently located and accessible toilet and lavatory facilities available at all times, and these facilities must be constructed and maintained to meet the standards set forth for public restroom facilities. 2. If toilet facilities meeting the requirements of subsection 1 are not located within the establishment, they must be located within a three hundred foot (300’) radius of the establishment to be considered convenient. Chapter 6 – Health and Sanitation J. Use of Facilities Not Located Within Snow Cone Establishment 1. If liquid waste disposal facilities and toilet and lavatory facilities are located off-site, a notarized letter from the owner of property within five-hundred feet (500’) of the site of the Snow Cone establishment must be submitted with the Permit application giving permission for the Snow Cone establishment’s employees to use such facilities, and that the facilities will be properly maintained and available for use at all times during the business hours of the establishment. 2. If suitable restroom facilities are no longer available for use by the Snow Cone establishment’s employees, the establishment shall cease operation immediately and remain closed until the Town receives evidence of a notarized agreement with the authorized representative of another off-site facility. K. Garbage If outside seating is provided, an easily cleanable, covered trash container shall be provided on the outside of the establishment. (Ord. No. 2006-01, § XIII, 1-9-06) Chapter 6 – Health and Sanitation Section 2.13 Mobile Units A. Permit Requirements For Mobile Units 1. All Mobile Units originating from or serving Food within the Town must have a Food Establishment Permit, which must be kept in the vehicle at all times. The Permit must bear the name of the registered owner of the truck and truck license plate number. 2. The Permit is subject to revocation pursuant to Section 2.07. If a Permit is revoked, the Permit holder has the right to appeal in accordance with the provisions of Section 2.07 and other applicable provisions of this Article. B. Mobile Unit Requirements The Permit holder for a Mobile Unit shall: 1. Protect Food from contamination and keep the truck clean and free of rust and corrosion; 2. Identify the trucks using the same name that is on the Permit; 3. Serve all condiments and spices, such as salt, pepper, sugar, catsup, mustard, mayonnaise, sauces, non-dairy creamer, etc. in single-serving containers. No bulk dispensers, bottles or cans shall be permitted; 4. Use all single-service tableware individually wrapped in plastic; 5. Dispose of sewage, wastewater and solid waste according to Law; 6. Ensure that the wastewater tank outlet is lower than the inlet to the potable water supply; and 7. Provide the Director a route plan upon request. C. Penalty A Person commits an offense if the Person violates the provisions of this Article, or interferes with the Director in the exercise of his or her duties under this section. Notwithstanding any provisions contained herein to the contrary, the Director is hereby granted the authority to issue immediate citations to Persons violating any provision of this Article in the Director’s presence. D. Responsible Person If the owner, manager, Person in charge at the time of inspection, or other responsible party of a Permitted Food Establishment is found to have violated any provisions of this section, a citation may be issued. (Ord. No. 2006-01, § XIV, 1-9-06) Chapter 6 – Health and Sanitation Section 2.14 Penalty A. Any Person violating any of the provisions of this Ordinance shall be deemed guilty of a Class C misdemeanor upon conviction and shall be fined, except as otherwise provided herein, in a sum not to exceed two thousand dollars ($2,000.00) for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. If the governing body of the Town of Trophy Club determines that a violation of this Article creates a threat to the public safety, the Town may bring suit in the District Court to enjoin such violation as allowed by law. (Ord. No. 2006-01, § XVIII, 1-9-06) Sec.s ##-## -- ##-##. Reserved Chapter 7 - Municipal Court Chapter – 7 Municipal Court Article I Municipal Court of Record No. 1 Section 1.01 Abolition; Creation By the passage of this Article, the existing municipal court is hereby abolished and the Municipal Court of Record No. 1 is hereby created in the Town of Trophy Club. The Town Council, in accordance with the determinations above, finds that a Municipal Court of Record is necessary to provide a more efficient disposition of cases arising in the Town. The Municipal Court of Record No. 1 shall have concurrent jurisdiction with the Justice Court in any precinct in which Town is located in those criminal cases that arise in the Town and that are punishable by fine only. (Ord. No. 1999-27, 10-5-99 Repealed by Ord. No.2001-22, § II, 9-17-01) Chapter – 7 Municipal Court Section 1.02 Authority The Town of Trophy Club Municipal Court of Record No. 1 is hereby established pursuant to Texas Government Code Chapter 30, "Municipal Courts of Record," Subchapter A, "General Law for Municipal Courts of Record," Sections 30.0181, Subchapter VV, all as from time to time amended, and the provisions of such legislation governing the operation of a municipal court of record are hereby adopted. (Ord. No. 1999-27, 10-5-99 Repealed by Ord. No.2001-22, § III, 9-17-01) Chapter – 7 Municipal Court Section 1.03 Commencement The existing Municipal Court of the Town is hereby abolished as of 12:00 a.m. on September 30, 2001. Simultaneously with the abolition of the existing Municipal Court, the Town of Trophy Club Municipal Court of Record No. 1 is created. All cases, warrants and other pending matters in the existing Municipal Court are hereby transferred to the Municipal Court of Record No. 1, commencing at 12:00:01 a.m. on the 1st day of October, 2001. (Ord. No. 1999-27, 10-5-99 Repealed by Ord. No.2001-22, § IV, 9-17-01) Chapter – 7 Municipal Court Section 1.04 Judges A. Appointments The Town Council shall appoint a Presiding Judge and, at its discretion, appoint one or more Alternate Judges. The Presiding Judge and the Alternate Judges shall be appointed for terms of two (2) years each and shall have the authority provided by state law. Each term of office shall commence upon the effective date of the Article appointing each such judge. Town Council shall establish the compensation for the Presiding Judge and each Alternate Judge. B. Qualifications Each person appointed as a municipal court judge shall be: (1) a resident of the State of Texas, (2) a citizen of the United States, and (3) a licensed Texas attorney in good standing who has two or more years of experience in the practice of law in Texas. C. Temporary Vacancy The Town Council may appoint one or more persons to sit for the Presiding Judge or for any Alternate Judge(s) of the municipal court while any such judge or judges are temporarily unable to act for any reason. The substitute judge(s) shall meet all of the qualifications prescribed for the municipal judge, and while serving as a municipal judge, shall have all the powers and discharge all the duties of a municipal judge. D. Vacancy If a vacancy occurs in the office of municipal judge of the Court, the Town Council shall by ordinance provide for the appointment of a qualified person to fill the office for the remainder of the unexpired term only. E. Removal A municipal judge may be removed from office by the Town Council at any time for the reasons stated and the procedure provided for the removal of mayors and aldermen in Section 21.002 of the Texas Local Government Code, as amended. F. Judicial Authority All duly appointed municipal court judges shall have the authority as provided by the applicable provisions of the Texas Government Code, as amended, and all other applicable laws. (Ord. No. 1999-27, 10-5-99 Repealed by Ord. No.2001-22, § V, 9-17-01) Code of Ordinances Cross Reference: (Appointment of Judge), Chapter 7, § 2.01 Chapter – 7 Municipal Court Section 1.05 Appointment of Clerk The Town Council shall appoint a Municipal Court Clerk for the Municipal Court of Record No. 1 who shall be an employee of the Town, subject to the supervision of the Presiding Judge. The Town Council shall make an annual appropriation for Municipal Court functions and personnel, including a court reporter and a bailiff, as deemed necessary for the proper operation of the Court. All Municipal Court personnel shall serve under the direction and control of the Presiding Judge. The Municipal Court Clerk shall report to the Town Finance Director for administrative purposes such as employee benefits and the scheduling of leave. Upon the direction of the Finance Director and Presiding Judge acting through the Town’s Human Resources Department, the Clerk may hire, direct, supervise or remove the personnel authorized in the Town's Annual Budget. The Clerk shall appoint a Court Reporter. The Municipal Court Clerk shall perform all tasks required for the performance of his/her duties, including but not limited to those duties required by Chapter 30 of the Texas Government Code, as amended, and all other applicable laws. (Ord. No. 1999-27, 10-5-99 Repealed by Ord. No.2001-22, § VI 9-17-01) Code of Ordinances Cross Reference: (Appointment of Court Clerk), Chapter 7, § 2.01 Chapter – 7 Municipal Court Section 1.06 Failure to Appear / Violate Promise to Appear A. Appearance Required That any person summoned or ordered to appear in the Town Municipal Court of Record No. 1 to face and answer a charge brought against that person by the Town for a violation of a State statute, Town ordinance or other law or regulation shall appear in the Municipal Court of Record No. 1 at the date and time specified in the summons or order. For purposes of this Ordinance, “Person” shall mean any corporation, partnership, joint venture, individual or any other entity recognized in law. B. Complaint In the event a person summoned or ordered to appear in the Municipal Court of Record No. 1 as outlined in Section 1.06(A) of this Article fails to appear, the Municipal Court Clerk shall be authorized and empowered to file a complaint in the Municipal Court of Record No. 1 charging that person with failure to appear / violate promise to appear as summoned or ordered. (Ord. No. 1999-27, 10-5-99 Repealed by Ord. No.2001-22, § VII 9-17-01) Chapter – 7 Municipal Court Section 1.07 Driving Safety Fees A non-refundable fee of ten dollars ($10.00) shall be collected as a special expense each time a person requests to take a driving safety course for the purpose of having the charge dismissed after the successful completion of the course. The fee shall be paid into the Town treasury to recover the costs incurred by the Town in processing the person’s request for a driving safety class. (Ord. No. 1999-27, 10-5-99 Repealed by Ord. No.2001-22, § VIII 9-17-01) Code of Ordinances Cross Reference: (Driving Safety Fees), Chapter 1, § 8.11 Chapter – 7 Municipal Court Section 1.08 Warrant Fees The following fees are hereby established and shall be imposed and collected by the Town’s Municipal Court of Record No 1 for a defendant convicted of a misdemeanor in the following instances: A. When a defendant has been convicted in the Municipal Court of the Town, the defendant shall pay the sum of $50.00 for the execution or processing of an issued arrest warrant or capias by a peace officer. The fee shall be assessed on conviction regardless of whether the defendant was also arrested at the same time for another offense, and shall be assessed for each arrest made of a defendant arising out of the offense for which the defendant has been convicted. B. Proceeds collected hereunder shall be retained by the Town in accordance with law. (Ord. No. 1999-27, 10-5-99 Repealed by Ord. No.2001-22, § IX 9-17-01) Code of Ordinances Cross Reference: (Warrant Fees), Chapter 1, § 8.10 Chapter – 7 Municipal Court Section 1.09 Transcript Preparation Fee A transcript preparation fee of Twenty-Five dollars ($25.00) shall be paid by each defendant appealing from a judgment or conviction in the Municipal Court. The transcript preparation fee does not include the fee for the actual transcript of the proceedings and must be paid by the defendant in addition to the fee for the actual transcript. The Court clerk shall note the payment of the transcript preparation fee on the docket of the court and shall refund the fee to the defendant if the case is reversed on appeal. (Ord. No. 1999-27, 10-5-99 Repealed by Ord. No.2001-22, § X 9-17-01) Code of Ordinances Cross Reference: (Transcription Fee), Chapter 1, § 8.10 Chapter – 7 Municipal Court Article II Presiding Judge Section 2.01 Appointments That the Town Council hereby affirms and appoints the following individuals to the Municipal Court of Record No. 1 in the capacity as set forth below: Presiding Judge Mark D. Chambers, Jr. Alternate Judge Eric G. Ransleben Alternate Judge Warren A. Bradley Court Administrator Sakura Dedrick Court Clerk Carol McLeod These appointments are made subject to and are governed by the provisions of Ordinance No. 2001-22. The terms of service for the Presiding Municipal Court Judge and Alternative Judges shall run for the remainder of the term set by Ordinance No. 2005-01, expiring on January 3, 2007. (Ord. No. 2005-01, § I, 1-3-05 Repealed by Ord. No. 2005-21, § I, 8-15-05) Code of Ordinances Cross Reference: (Appointment of Judge), Chapter 7, § 1.04; (Appointment of Clerk), Chapter 7, § 1.06 Chapter – 7 Municipal Court Chapter 8 – Nuisances Chapter 8 – Nuisances Chapter 8 – Nuisances Article I Noise Nuisances Section 1.01 Nuisances Defined A. The following acts, among others, are declared to be nuisances in violation of this Article, but said enumeration shall not be deemed to be exclusive. 1. The playing of any radio, phonograph, tape player or other electronic device of a similar nature, or any musical instrument in such manner or with such volume, during the hours between 10:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort, or repose of persons of ordinary sensibilities in any dwelling or other type of residence, such persons being indoors or outdoors at any such location. 2. The use of any loudspeaker or amplifier of such intensity that annoys or disturbs persons of ordinary sensibilities in the immediate vicinity thereof, except by permit issued by the Town Planning and Zoning Director in accordance with Section 1.03 of this Article. 3. The running of any automobile, motorcycle, or vehicle so out of repair, so loaded, or operating a vehicle in any such manner as to create loud or unnecessary grating, grinding, jarring, or rattling noise or vibrations. 4. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle engine or boat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. 5. The use of any mechanical device operated by compressed air, unless the noise to be created is effectively muffled and reduced to prevent loud or explosive noises therefrom. 6. The erection, including excavation, demolition, alteration or repair work on any building, other than between the hours of 6:00 a.m. and 7:00 p.m. on or during the week days of Monday through Saturday, inclusive, except in case of an urgent necessity in the interest of public safety and convenience, and then only by permit from the Town Planning and Zoning director in accordance with Section 1.03 of this Article, specifying the nature of the emergency and the days and hours such work is to be allowed, which permit may be renewed by the Town Planning and Zoning Director during the time the emergency exists. 7. The operation of any heavy equipment, machinery or apparatus for excavation, construction, grading, earth moving, paving, cement laying or pouring, drilling or work of any nature, or the operation of any chain saw, within 1500 lineal feet of any occupied residential dwelling, other than between the hours of 7:00 a.m. and 6:00 p.m. on or during the week days of Monday through Saturday, inclusive, except in case of an urgent necessity in the interest of public safety and convenience, and then only by permit from the Town Planning and Zoning Director in accordance with Section of this Article, specifying the nature of the emergency and the days and hours such work is to be allowed, which permit may be renewed by the Town Planning and Zoning Director during the time the emergency exists. 8. The operation, as a part of any business, between the hours of 9:00 p.m. and 6:00 a.m., inclusive, on the weekdays of Monday through Saturday, inclusive, and at any time on Sunday, within 1500 lineal feet of any occupied residential dwelling, of any heavy equipment, truck or machinery which emits noises of such intensity or loudness that annoy or disturb persons of ordinary sensibilities within such distance, except in the case of urgent necessity in the interest of public safety and convenience, and then only by permit from the Planning and Zoning Director in accordance with Section 1.03 of this Article, specifying the Chapter 8 – Nuisances nature of the emergency and the dates and hours such work is to be allowed, which permit may be renewed by the Town Planning and Zoning Director during the time the emergency exists. 9. Notwithstanding any of the above, the Town Planning and Zoning Director shall have the authority to and may issue a permit in accordance with Section 1.03 of this Article for alteration or repair work or for new construction in connection with owner-occupied residences when the particular work is to performed by the owner occupant of the premises where the work is to be performed and when such work is to be performed between the hours of 6:00 p.m. and 9:00 p.m., Monday through Saturday, inclusive, or between the hours of 9:00 a.m. and 6:00 p.m. on Sunday. (Ord. No. 88-27, § I, 12-12-88 Repealed by Ord. No. 1999-19, § I, 7-20-99) Code of Ordinances Cross Reference: (Hours of Well Servicing Operations), Chapter 5, § 6.01 Chapter 8 – Nuisances Section 1.02 Lawn Equipment A. This Article is not intended to prohibit and shall not prohibit in any way the operation of power lawnmowers or other lawn equipment or any equipment used for agricultural purposes, golf course or lawn maintenance. (Ord. No. 88-27, § II, 12-12-88 Repealed by Ord. No. 1999-19, § II, 7-20-99) Chapter 8 – Nuisances Section 1.03 Exemption by Permit A. Any exemption from the provisions of this Article by permit issued by the Town Planning and Zoning Director must be in writing by the applicant at least 48 hours prior to the requested issuance date and time, unless the emergency circumstances are such, upon determination by the Town Planning and Zoning Director, that a shorter time should be allowed. Thereafter, upon issuance of the permit by the Town Planning and Zoning Director, such permit shall be displayed at all times during the performance of the work, upon the premises to which such permit applies, in clear view for the inspection by the public law enforcement officials of the Town of Trophy Club, Texas. No permit for an exemption to the provisions of this Article shall be issued or renewed by the Town Planning and Zoning Director for a period exceeding three (3) months. Any requested period exceeding three (3) months must be approved by the Town Council. (Ord. No. 88-27, § III, 12-12-88 Repealed by Ord. No. 1999-19, § III, 7-20-99) Chapter 8 – Nuisances Section 1.04 Injunctive Relief A. In addition to the fines and penalties set fourth in Section 1.05, Penalty, hereof for the enforcement of the provisions of this Article, the Town may enforce the provisions hereof by injunctive relief through an appropriate Court of competent jurisdiction. (Ord. No. 88-27, § IV, 12-12-88 Repealed by Ord. No. 1999-19, § IV, 7-20-99) Chapter 8 – Nuisances Section 1.05 Penalty A. Any person violating any of the provisions of this Article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. (Ord. No. 88-27, § V, 12-12-88 Repealed by Ord. No. 1999-19, § V, 7-20-99) Chapter 8 – Nuisances Article II Graffiti Section 2.01 Definitions Graffiti: Any marking, including, but not limited to, any inscription, slogan, drawing, painting, symbol, logo, name, character, or figure that is made in any manner on tangible property. Guardian: 1. A person who, under court order, is the guardian of the person of a minor; or 2. A public or private agency with whom a minor has been placed by a court. Minor: A person under 18 years of age who is not and has not been married or who has not had his disabilities of minority removed for general purposes. Owner: Any person with the legal or equitable right of possession to any property. Parent: The mother, a man presumed to be the biological father or a man who has been adjudicated to be the biological father by a court of competent jurisdiction, or an adoptive mother or father, but does not include a parent as to whom the parent-child relationship has been terminated. Property: Any tangible personal or real property. (Ord. No. 2004-02 P&Z § II, 1-19-04 Repealed by Ordinance No. 2005-03 P&Z § II 2-7-05) Chapter 8 – Nuisances Section 2.02 Graffiti: Notice of Violation A. Graffiti Prohibited 1. The Owner of any property in the Town commits an offense if the Owner fails to remove all graffiti from the property that is visible from any public property, easement or right-of-way, unless the graffiti was created or placed on the property with the Owner’s consent and does not violate the Town’s sign regulations or any applicable Code, regulation or state or federal law. B. Notice 1. Before issuing a citation for a violation of this Article, the Designated Official shall serve an Owner with written notice to remove the graffiti from the property within twenty-one (21) calendar days from the date the notice is served. The notice may be served by hand- delivery to the Owner or by depositing the same in the United States Postal Service certified mail, return receipt requested, addressed to the Owner at the Owner’s address as shown on the most recent certified tax roll of the Town. If the Owner cannot be located and the notice is returned undelivered by the United States Postal Service, then the Owner may be notified by: a. Publication two (2) times within ten (10) consecutive days in the Town’s official newspaper; or b. Posting the notice on or near the front door of each building on the premises to which the violation relates; or c. Posting the notice on a placard attached to a stake driven into the ground on the premises to which the violation relates, if the premises do not contain a building. C. The twenty-one (21) calendar days referenced in Section 2.02(B) hereof shall be counted as follows: 1. From the date the notice is personally served on the Owner; or 2. From the sixth day after the date the notice is placed in the United States certified mail; or 3. If the Owner cannot be found or in the event the notice is returned by the United States Postal Service, from the date the notice is: a. Published for the second time in accordance with Section 2.02(B)(1)(a); or b. Posted in accordance with Section 2.02(B)(1)(b) and (c). D. Defenses 1. It is a defense to prosecution under Section 2.02(D)(1)(a) of this Section that: a. No notice was served on the Owner in compliance with this Article; b. The Owner has removed the graffiti from the property in question three (3) or more times within the twelve (12) month period preceding the date of the citation; or Chapter 8 – Nuisances c. Before being issued a citation, the Owner gave the Designated Official written authorization to allow persons to enter onto the property and remove the graffiti pursuant to a volunteer or community service program approved by the Designated Official in which the Owner is eligible to participate. D. Notice to Governmental Entities 1. The Designated Official shall notify the Town and any other governmental entity whenever property owned by or under control of the Town or governmental entity contains graffiti in violation of this Article. The Town or any other governmental entity shall remove any such graffiti from its property within twenty one (21) days from the date of the notice. (Ord. No. 2004-02 P&Z § XV, 1-19-04 Repealed by Ordinance No. 2005-03 P&Z § VII 2-7-05) Chapter 8 – Nuisances Section 2.03 Penalty A. It shall be unlawful for any person to violate any provision of this Article, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. (Ord. No. 1999-13, § XIX, 6-16-99 Repealed by Ord. No. 2002-38 P&Z, § XIX, 1-18-02) Chapter 8 – Nuisances Article III Weeds Section 3.01 Unlawful to Permit Weeds, Grass or Any Other Plant to Grow Higher Than Twelve Inches A. It shall be unlawful for any person, firm, corporation, partnership, sole proprietorship or any other entity recognized in law owning, leasing, claiming, occupying or having supervision or control of any real property occupied or unoccupied; improved or unimproved, within the corporate limits of the Town, to permit or allow 1. Grass or weeds to grow or brush to grow to accumulate to a height greater than twelve (12) inches upon any such real property; or 2. Any trash, rubbish or any other type of objectionable material or unsightly matter (including, without way of limitation, stacks of old lumber, scrap materials, demolished or partly demolished buildings or structures, piles of stones, bricks or broken rock, or fence panels) to accumulate on such property, notwithstanding such persons did not permit such accumulation upon such property. a. With respect to lots, tracts or parcels of land of two (2) or more acres under single ownership, the provisions of this Section shall be applicable to the entire lot, tract or parcel of land; provided however, that in the event any such lot, tract or parcel of land is regularly cultivated, only that area of the lot, tract or parcel of land within one hundred feet (100’) from any adjacent property under different ownership and any adjacent or contiguous right-of-way, alley, utility easement or other public right-of- way, shall comply with terms of Section 3.01(A) of this Article. Property lying more than one hundred feet (100’) north of the north right-of-way line of Marshall Creek Road shall not be subject to the requirements of Section 3.01(A) of this Article. (Ord. No. 87-05A, § I, 5-7-96 Amended by Ord. No. 97-08, § I, 3-18-97) Chapter 8 – Nuisances Section 3.02 Accumulation of Grass, Weeds and Brush A. It shall be unlawful for any person, firm, corporation, partnership, sole proprietorship or any other entity recognized in law owning, leasing, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the Town, to permit or allow: 1. Grass or weeds to grow in, brush to accumulate, along, upon or across the area between the property line and the curb line of a street or alley, or if there is not curb, between the property line and the pavement of a street or alley or traveled way, to a height greater than twelve inches (12”); or 2. Any trash, rubbish or any other type of objectionable material or unsightly matter (including, without way of limitation, stacks of old lumber, scrap materials, demolished or partly demolished buildings or structures, piles of stones, bricks or broken rock, or fence panels) to accumulate or to be present in, along, upon or across the said areas identified in paragraph (1) of this Section 3.02. (Ord. No. 87-05A, § I, 5-7-96 Amended by Ord. No. 97-08, § I, 3-18-97) Chapter 8 – Nuisances Section 3.03 Removal of Weeds A. It shall be the duty of any person, firm, corporation, partnership, sole proprietorship or other entity recognized in law owning, leasing, claiming, occupying or having supervision or control of any real property occupied or unoccupied, improved or unimproved, within the corporate limits of the Town to cut, or cause to be cut, and remove, or cause to be removed, all such grass, weeds, brush an other objectionable or unsightly matter as may be necessary to comply with this Article. (Ord. No. 87-05, § 3, 2-23-87) Chapter 8 – Nuisances Section 3.04 Objectionable and Unsightly Matter A. All vegetation not regularly cultivated and which exceeds twelve inches (12”) in height shall be presumed to be objectionable and unsightly, except that regularly cultivated crops will not be allowed to grow within the right-of-way of any public street, alley, easement or other public right-of- way but shall be kept mowed or cut back, as provided above. (Ord. No. 87-05, § 4, 2-23-87) Chapter 8 – Nuisances Section 3.05 Notice of Violation A. In the event that any person, corporation, partnership, sole proprietorship or other entity recognized in law owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the Town fails to comply with the provisions of this Article, the Town may give at least ten (10) days notice in writing to such person of the violation of this Article. Such notice must be given: 1. Personally to the owner in writing; 2. By letter addressed to the owner at the owner’s post office address or to the owner’s address shown on the last approved tax rolls of the Town; or 3. If personal service cannot be obtained or the owner’s post office address is unknown; a. By publication at least twice within ten (10) consecutive days; b. By posting the notice on or near the front door of each building to which the violation relates; or c. By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no building. B. If the owner of property fails or refuses to comply with the provisions of this Article within ten (10) days of notice of a violation, the Town may go upon such property and do so or cause to be done the work necessary to obtain compliance with this Article, and may pay for the work done or improvements made and charge the expenses incurred in doing or having same done to the owner of such property. C. The Town may, in the notice of a violation, inform the owner by certified mail, return receipt requested, that if the owner of the property commits another violation of the sale kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the Town without further notice may correct the violation at the owner’s expense and assess the expense against the property. (Ord. No. 87-05, § 5, 2-23-87 Amended by Ord. No. 97-08, § I, 3-18-97) Chapter 8 – Nuisances Section 3.06 Abatement of Weeds A. The charges provided for in this Article shall be levied, assessed and collected by the Town of Trophy Club, Texas. In the event the owner of said premises upon which work was done and charges were incurred fails or refuses to pay such charges and expenses within thirty (30) days after the first day of the month following the one in which the work was done, the Mayor shall file with the county clerk of Denton County, as statement by the Town Secretary setting out the expenses that the Town has incurred pursuant to the provisions of this Article, and the Mayor shall thereby perfect a privileged lien on the property involved, second only to tax liens and liens for street improvements to secure the expense incurred; together with ten percent (10%) interest from the date such payment was due. For any such expenditures and interest, as aforesaid, suit may be instituted and foreclosure had in the name of the Town of Trophy Club, and the statement so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for any such work or improvements. B. The Town shall abate, without notice, weeds that: a. Have grown higher than forty-eight inches (48”); and b. Are an immediate danger to the health, life, or safety of any person. C. Not later than the tenth day after the date the Town abates weeds under this section, the Town shall give notice to the property owner in the manner required by Section 3.05(A). D. The notice shall contain: a. An identification, which is not required to be a legal description, of the property. b. A description of the violations of this Article that occurred on the property. c. A statement that the Town abated the weeds; and d. An explanation of the property owner’s right to request an administrative hearing about the Town’s abatement of the weeds. E. The Town Manager or the Manager’s designee shall conduct an administrative hearing on the abatement of weeds under this section if, not later than the thirtieth day after the date of the abatement of the weeds, the property owner files with the Town a written request for a hearing. F. An administrative hearing conducted under this section shall be conducted not later than the twentieth day after the date a request for a hearing is filed. The owner may testify or present any witnesses or written information relating to the Town’s abatement of the weeds. G. The town may assess expenses and create liens under this section as it assesses expenses and creates liens under other provisions of this Article. A lien created under this section is subject to the same conditions as a lien created under Section 3.06. Chapter 8 – Nuisances H. The authority of the Town described by this section is in addition to the authority granted by Section 3.05. (Ord. No. 87-05, § 6, 2-23-87 Amended by Ord. No. 97-08, § I, 3-18-97) Chapter 8 – Nuisances Section 3.07 Filing a Complaint A. Notwithstanding the provisions of Section 3.05 of this Article, entitled “Notice of Violation”, the Town shall prior to filling a complaint in the Town Municipal Court or seeking injunctive or other legal relief, be required to give only one (1) notice in writing to any person, corporation, partnership, sole proprietorship or other entity recognized in law owning, claiming, occupying or having supervision or control of any property, occupied or unoccupied, improved or unimproved, within the corporate limits of the Town, of a violation of this Article. The notice may state in part that a violation of this Article has occurred, and that, if the violation is not abated within ten (10) days of the date of the notice, a complaint will be filed in the Town Municipal Court, and that, if future violations occur, notice of the violation will not be given prior to a complaint being filed in the Town’s Municipal Court or other legal action being taken to abate the violation. (Ord. No. 87-05, § 7, 2-23-87) Chapter 8 – Nuisances Section 3.08 Penalty A. It shall be unlawful for any person to violate any provision of this Article, and any person violating or failing to comply with any provision of this Article shall be fined, upon conviction, an amount not to exceed more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. (Ord. No. 87-05, § 8, 2-23-87 Amended by Ord. No. 98-28, § 7,10-20-98) Chapter 8 – Nuisances Article IV Abandoned and Junk Vehicles Section 4.01 Definitions A. For the purposes of this Article, the following definitions apply, to wit: 1. Abandoned Motor Vehicle: A motor vehicle that is inoperable and more than five (5) years old an left unattended on public property for more than forty-eight (48) hours, or a motor vehicle that has remained illegally on public property for a period of more than forty-eight (48) hours, or a motor vehicle that has remained on private property without the consent of the owner of person in control of the property for more than forty-eight (48) hours, or a motor vehicle left unattended on the right-of-way of a designated county, state or federal highway within the Town for more than forty-eight (48) hours. 2. Antique Auto: A passenger car or truck that was manufactured in 1925 or before or a passenger car or truck that is at least thirty-five (35) years old. 3. Collector: The owner of one or more antique of special interest vehicles who collects, purchases, acquires, trades or disposes of special interest or antique vehicles or parts of them for personal use in order to restore, preserve and maintain an antique or special interest vehicle for historic interest. 4. Garagekeeper: An owner or operator of a parking place or establishment, motor vehicle storage facility or establishment for the servicing, repair or maintenance of a motor vehicle. 5. Junked Vehicle: A motor vehicle as defined in Section 683.071 of the Texas Transportation Code: a. That is inoperative; and b. That does not have lawfully affixed to it either an unexpired license plate or a valid motor vehicle safety inspection certificate, c. That is wrecked, dismantled, partially dismantled, or discarded, d. Or that remains inoperable for a continuous period of more than forty-five (45) days. 6. Motor Vehicle: A motor vehicle subject to registration under 501 of the Texas Transportation Code, for purposes of Section 4.02(A), (B) and (D) of this Article, “motor vehicle” includes a motorboat, outboard motor, or vessel subject to registration under Chapter 31, Texas Parks and Wildlife Code. 7. Police Department: The police department of the Town of Trophy Club. 8. Special Interest Vehicle: A motor vehicle of any age that has not been altered or modified from original manufacturer’s specifications and, because of its historic interest, is being preserved by hobbyists. 9. Storage Facility: A garage, parking lot, or any type of facility or establishment for the servicing, repairing, storage or parking of motor vehicles. (Ord. No. 89-13, § 2, 7-18-89 Repealed by Ord. No. 92-14, § I, 5-19-92) Chapter 8 – Nuisances Section 1.02 Abandoned Motor Vehicles A. Authority to Take Possession 1. The police department may take into custody an abandoned motor vehicle found on public or private property. The police department may employ its own personnel, equipment and facilities, or when specifically authorized by the Town Council, hire persons, equipment, and facilities to remove, preserve and store an abandoned motor vehicle it takes into custody. B. Notice 1. In the event the police department takes into custody an abandoned motor vehicle, it shall notify not later than the tenth day after taking the motor vehicle into custody, by certified mail, the last known registered owner of the motor vehicle an all lienholders of record pursuant to Section 683.012 of the Texas Transportation Code, that the vehicle has been taken into custody. The notices shall describe the year, make, model and vehicle identification number of the abandoned motor vehicle, set forth the location on the facility where the motor vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any lienholders of their right to reclaim the motor vehicle not later than the twentieth day after the date of the notice, on payment of all towing, preservation and storage charges resulting from placing the vehicle in custody, or garagekeeper’s charges, if applicable. The notice shall also state that the failure to reclaim the vehicle within the time provided constitutes a waiver by the owner and lienholders of all right, title and interest in the vehicle and their consent to the sale of the abandoned motor vehicle at a public auction. 2. If the identity of the last registered owner cannot be determined, if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and address if all lienholders, notice by one publication in one newspaper of general circulation in the Town is sufficient notice. The notice by publication may contain multiple listings of abandoned vehicles, shall be published within the time requirements prescribed for notice by certified mail, and shall have the same contents required for a notice by certified mail. C. Storage Fees When the police department has taken custody of an abandoned motor vehicle, the Town shall be entitled to reasonable storage fees for: 1. A period of not more than ten (10) days beginning on the day the department takes custody and continuing through the day the department mails notice as provided by this section; and 2. A period beginning of the day after the department mails notice and continuing through the day any accrued charges are paid and the vehicle is removed. D. Sale of Other Disposition 1. If an abandoned motor vehicle has not been reclaimed as provided, the police department shall sell the abandoned motor vehicle at a public auction. Such auction shall be held as required by and in accordance with the provision of Section 682.014 of the Texas Transportation Code. Chapter 8 – Nuisances 2. The disposition of abandoned motor vehicles left in storage facilities by garagekeepers shall be in accordance with Sections 682.014 of the Texas Transportation Code. 3. The disposition of abandoned motor vehicles to a demolisher and the duties of a demolisher with regard thereto shall be in accordance with Section 682.014 of the Texas Transportation Code. (Ord. No. 89-13, § 2, 7-18-89 Repealed by Ord. No. 92-14, § II, 5-19-92) Chapter 8 – Nuisances Section 4.03 Junked Vehicles A. Declaration of Nuisances 1. A junked vehicle that is located in a place where it is visible from a public street or public right-of-way is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes and attractive nuisance creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the Town by producing urban blight adverse to the maintenance and continuing development of the Town, and is a public nuisance. 2. A junked vehicle that is located in a place where it is visible only from private property is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the Town by producing urban blight adverse to the maintenance and continuing development of the Town, and is a nuisance. The provisions of Section 4.03(B) relating to abatement of nuisance shall not be applicable to a junked vehicle visible only from private property. For purposes of enforcement of this Subsection (2), a complaint may be filed in the municipal court of the Town, and the Town may pursue any remedy it may have, whether at law or in equity, to ensure compliance with this Article. 3. A person commits an offense if that person maintains such a public nuisance or nuisance on property owned by him or under his control. 4. A person who commits an offense under this Section is, on conviction, subject to a fine not to exceed Two Hundred Dollars ($200.00). On conviction, the court shall order removal and abatement of the nuisance. B. Abatement of Nuisance 1. Found on Private Property In the event a junked vehicle constituting a public nuisance is found on private property, the Town shall notify the last known registered owner of the junked vehicle, any lienholder of record and the owner or occupant of the private premises on which the public nuisance exists, in writing by certified mail with a five (5) day return requested, which notice shall state the nature of the public nuisance, that such public nuisance must be removed and abated from such private property within ten (10) days, and that a request for a hearing must be made before expiration of the ten (10) day period. If the post office address of the last known registered owner of the vehicle is unknown, notice to the last known registered owner may be placed on the motor vehicle, or, if the last known registered owner is physically located, the notice may be hand delivered. If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten (10) days after the date of the return. 2. In the event a junked vehicle constituting a public nuisance is found on public property, notice in writing must be mailed, by certified mail with a five (5) day return requested, to the last known owner or occupant of the junked motor vehicle, any lienholder of record and to the owner or occupant of the public premises or to the owner or occupant of the public premises or to the owner or occupant of the premises adjacent to the public right of way on Chapter 8 – Nuisances which the public nuisance exists, which shall state the nature of the public nuisance on public property or on a public right of way, that the nuisance must be removed and abated within ten (10) days, and that a request for a hearing must be made before expiration of the ten (10) day period. If the post office address of the last known registered owner of the motor vehicle is unknown, notice to the last known registered owner may be placed on the motor vehicle, or, if the last known registered owner is physically located, the notice may be hand delivered. If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten (10) days after the date of the return. 3. Any junked vehicle constituting a nuisance hereunder which is removed from either private or public property shall not be reconstructed or made operable. 4. Public Hearing a. A public hearing shall be held before the municipal judge of the Town before the removal of a vehicle or vehicle part constituting a public nuisance if such a hearing is requested by the owner or occupant of the private or public premises or by the owner or occupant of the premises adjacent to the public right of way on which the vehicle is located, within ten (10) days after service of the notice to abate the nuisance. At the hearing it is presumed, unless demonstrated otherwise by the owner, that the vehicle is inoperable. If, after such public hearing, the municipal judge determines that the vehicle or vehicle part is a public nuisance as defined herein, he shall enter an order requiring the removal of such vehicle or vehicle part and shall in such order include a description of the vehicle and the correct identification number and license number of the vehicle if the information is available at the site. b. If such a public hearing is not requested, the municipal judge shall nevertheless conduct a public relative to the removal and abatement of the nuisance. If, after such public hearing, the municipal judge determines that the vehicle or vehicle part is a public nuisance as defined herein, he shall enter an order as outlined in the immediately preceding paragraph. In addition, the Town may file a complaint in a appropriate court seeking injunctive relief and/or any other legal remedy available to it. 5. In the event of removal of a junked vehicle as provided herein, notice shall be given to the State Department of Highways and Public Transportation not later than the fifth day after the date of removal. Such notice must identify the vehicle or vehicle part. C. Exceptions The procedures of the Section shall not apply to a vehicle or vehicle part that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, a vehicle or vehicle part that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or an unlicensed, operable, or inoperable antique or special interest vehicle stored by a collector on the collector’s property, if the vehicle and the outdoor storage area are maintained in a manner so that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery, or other appropriate means. D. Authority to Enforce Chapter 8 – Nuisances The police department, Town Building Official or Code Enforcement Officer shall be and are hereby authorized to administer the terms of this Article and such other persons may enter private property for the purposes specified herein to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle, and remove or cause the removal of a vehicle or vehicle part shall be authorized to issue orders necessary to enforce the procedures of this Subsection. (Ord. No. 89-18, § 3, 11-21-89 Repealed by Ord. No. 92-14, § III, 5-19-92) Chapter 8 – Nuisances Section 4.04 Obstruction of Traffic A. This Article shall not affect any law authorizing the immediate removal, as an obstruction to traffic, of a vehicle left on public property. (Repealed by Ord. No. 92-14, § IV, 5-19-92) Chapter 8 – Nuisances Section 4.05 Penalty A. It shall be unlawful for any person to violate any provision of this Article, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not to exceed Two Hundred Dollars ($200.00) for each offense, and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. (Ord. No. 92-14, § 8, 5-19-92 Repealed by Ord. No. 96-19, § I, 12-17-96) Chapter 8 – Nuisances Article V Outdoor Storage/Outdoor Display Section 5.01 Definitions Outdoor Storage/Display: The keeping, displaying, maintaining, or storing of any new or used goods, materials, merchandise or equipment on a lot, tract, or parcel of land that is not within a structure or behind an appropriate screen for periods longer than two (2) consecutive days per month. Portable Home Storage Unit or POD: The use of the term Portable Home Storage Unit or POD shall mean: a. Any assembly of materials which is so designed, constructed or reconstructed to make it portable and capable of movement from one site to another, designed to be used without a permanent foundation, designed with the purpose of storing tangible property and not for occupancy by persons, and to have one dimension exceeding ten feet (10’); or b. Any container, storage unit, shed-like container or other portable structure that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory building or shed complying with all building codes and land use requirements. Residential District or Residential Use: An area designated for use and designed to accommodate single family, multi-family, town home, condominium or other living uses for single family or multi-family dwelling. (Ord. No. 2006-10, § II, 5-1-06) Chapter 8 – Nuisances Section 5.02 Outdoor Storage/Display Screening A. It shall be unlawful for any person, whether owner or tenant of property in a residential district designated for residential use to allow outdoor storage or outdoor display of the following items visible from public right-of-way for longer than two (2) consecutive days per month, which are not appropriately screened in accordance with Section 5.03 of this Code: 1. Clothes hanging from balconies, patios or other projecting overhangs. 2. Clothes hanging from clothes lines. 3. New, broken, discarded, abandoned or inoperable property, including but not limited to household furnishings, appliances, boxes, cartons, lawn maintenance equipment, landscaping supplies, machines, tools, exercise equipment and other items. 4. Automotive equipment, including but not limited to machinery, parts and tires. 5. Household furnishings not designed for outdoor use. 6. Exterior appliances, including but not limited to utility and mechanical equipment. (Ord. No. 2006-10, § III, 5-1-06) Chapter 8 – Nuisances Section 5.03 Outdoor Storage/Display Screening A. Except as otherwise specifically provided, screening shall be provided in accordance with the following regulations: 1. Residential Districts may have outdoor storage/display, but such outdoor storage/display shall be screened from the public view and shall comply with the screening requirements set out in this Code. Compliance with the screening requirements of this Code notwithstanding, this Code shall not be construed as authorizing screened storage which creates, causes or allows to be maintained a nuisance or other condition detrimental to public health safety and welfare or which violates any other ordinance of the Town. 2. Screening Requirements for Open Storage in Residential Districts: a. All outdoor storage/display shall be screened from as required herein so that it cannot be viewed from public right-of-way. b. Screening shall be a minimum of six feet (6’) in height and a maximum of eight feet (8’) in height, except as provided by Section 5.03(A)(3) below; and c. Construction must comply with the fencing requirements; or i. Be constructed according and compliant with the current fencing standards; or ii. Be constructed of ornamental fencing in combination with a landscape screen; or iii. Be constructed of a solid, evergreen shrub landscape screen without a fence or wall. iv. Evergreen shrubs used for a landscape screen shall be placed so as to create at least a six-foot (6’) tall solid screen within two (2) years of their installation along the length of the stored material. All landscaping shall be irrigated and maintained in a healthy and growing condition. v. Screening may not be constructed of chain link with slats. 3. Outdoor storage/display screening must completely conceal the outdoor storage/display except in the case where newly planted evergreen shrubs which will serve as a required landscape screen at maturity, have been placed so as to produce a solid six foot (6’) screen, provided that such shrubs must completely screen the outdoor storage/display within two (2) years of installation. 4. The screening requirements of this Subsection shall also apply to the use of semi-trailers, storage vaults, shipping containers, or other vehicles for storage purposes. 5. Balcony Screening: Outdoor storage/display must be completely enclosed in a storage unit for balconies facing or viewable from public rights-of-way. (Ord. No. 2006-10, § IV, 5-1-06) Code of Ordinances Cross Reference: (Fencing Standards), Chapter 13, § 7.01 Chapter 8 – Nuisances Section 5.04 Portable Home Storage Units A. Permit Requirements, Application, Insurance and Fee: 1. It shall be unlawful for a person to place or maintain a PODS unit on his or her property without a valid permit. 2. Before placing a PODS unit on his or her property, a person shall submit an application with a site plan designating the location of the PODS unit and obtain a permit from the Town. An insurance certificate providing liability insurance in the amount of $100,000 provided by the company supplying the PODS unit must accompany the application. There is a fee of $25 for a thirty (30) day permit. B. Duration: 1. Permits shall be granted for a period of thirty (30) days. Only one (1) permit shall be issued per calendar year. At the expiration of the (30) thirty-day period, applicants may seek to extend their permits for an additional thirty (30) days by filing a request for permit extension. Extension of a permit shall cost $50 for the additional thirty (30) day period. Only one thirty (30) day extension shall be allowed. C. Location: 1. PODS units are prohibited from being placed in streets or in the front yard of a property on a surface other than an improved surface made of materials as specified in the Town’s Ordinances. PODS units shall be kept in the driveway of the property at the furthest accessible point from the street as shown on a site plan submitted with the permit application. PODS shall only be placed on improved off-street surfaces as specified herein. D. Number and Size of Units: 1. Only one (1) PODS unit may be placed upon any residential property at one time and the size of the unit shall not exceed ten feet (10’) in width or twenty feet (20’) in length. E. Safety: 1. It shall be the obligation of the owner or user of the PODS unit to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the unit. (Ord. No. 2006-10, § V, 5-1-06) Chapter 8 – Nuisances Section 5.05 Penalty It shall be unlawful for any person to violate any provision of this Ordinance, and any person-violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. (Ord. No. 2006-10, § IX, 5-1-06) Chapter 9 – Parks and Recreation Chapter 9 - Parks and Recreation Chapter 9 – Parks and Recreation Article I Parks and Recreation Board Section 1.01 Definitions For the purpose of article, the following terms, phrases, words and their derivations shall have the meaning given herein: Parks and Recreation Board (the ”Board”): The Town of Trophy Club Parks and Recreation Board appointed by the Town Council. Director: A person appointed by the Town Manager as Parks and Recreation Director, or the Director’s designee. Park: A park, playground, recreation center or any other area, or facility in the Town owned, used, controlled, or leased by the Town, and devoted to active or passive recreation. Ord No. 2005-27 § II, 12-5-05 Chapter 9 – Parks and Recreation Section 1.02 Board Established/Number of Members/Terms Established Qualifications A. The Parks and Recreation Board consisting of not less nine (9) nor more than eleven (11) regular members is hereby established as follows: 1. Qualifications: Members shall be residents of the Town of Trophy Club. 2. No Compensation: Members shall serve without compensation. 3. Staggered Terms: Members’ terms will be for three (3) years/staggered. Places on the Board shall be numbered 1 through 11. Places 1 through 4 on the initial Board shall serve for a term of one (1) year. Upon expiration of that one (1) year term, members appointed to those seats shall serve on a regular three (3) year term interval. 4. Hold Over: If a replacement has not qualified upon the expiration of a member’s term, then that member shall continue his/her membership until replaced. 5. Officers: The Board shall annually elect a Chairperson, Vice-Chairperson and a Secretary. a. The Chairperson shall preside over meetings and shall be entitled to vote upon each issue. Board shall conduct its meetings in accordance with the Town’s Board, Commission and Committee Handbook. b. The Vice-Chairperson shall assist the Chairperson in directing the affairs of the Board. In the absence of the Chairperson, the Vice-Chairperson shall assume all duties of the Chairperson. In the event that the Vice-Chairperson is absent, the proceedings shall be conducted in accordance with Robert’s Rules of Order. c. The Secretary shall keep the minutes of all meetings and in the Secretary’s absence; the Chairperson shall designate another member to act as Secretary. The Secretary shall distribute, once a year at the first regular meeting a copy of the current Parks and Recreation Ordinance. The Secretary may accept the assistance of Town personnel in taking and transcribing minutes, when available, but shall sign it officially before presenting it to the Board for approval. 6. Director Participation: The Director of the Parks and Recreation Department shall be in attendance at the Board meetings. The Director shall participate in meetings to provide staff assistance, reports, and recommendations as requested by the Board. 7. Ex Officio Member: The Director shall be an ex officio member of the Board, with the responsibility to participate in discussions but without the right to vote. 8. Absence: A member’s absence from three (3) meetings annually without formal consent of the board shall be deemed to constitute the resignation of that member and shall be certified by the chairperson to the Town Council. Effectiveness as a member requires regular attendance. Members shall not miss more than three (3) regularly scheduled monthly meetings per year. If a member finds difficulty in maintaining regular attendance, it is suggested that the member consider whether he/she has sufficient time to be an effective member. It is the responsibility of a member in this position to initiate a discussion with the chair /president or staff liaison about attendance. Chapter 9 – Parks and Recreation The chairman of the board or commission is to maintain a charted attendance record for all members. If attendance becomes an issue, the staff liaison will attempt to secure a written resignation. 9. Meetings: Regular meetings shall be held at least once a month on the date and at the time established by the Board as provided in this Ordinance unless the Chairperson designates another time, date and place and all members of the Board are notified at least seven (7) days in advance. If there are no pending items for consideration, a monthly meeting is not required. 10. Quorum: A majority of members shall constitute a quorum. 11. Minutes: Minutes of each Board meeting shall be filed with the Town Secretary. Ord. No. 2005-27, § III, 12-5-05 Chapter 9 – Parks and Recreation Section 1.03 Powers and Duties of the Board A. The Parks and Recreation Board shall have the following powers and perform the following duties: 1. Advisory Capacity to Council: The Board shall act principally in an advisory capacity to the Town staff and the Town Council in all matters pertaining to parks and recreation, shall acquaint itself with and make a continuous study of the complete parks and recreation services of the Town; and shall advise the staff and Town Council from time to time as to the present and future policies, maintenance, operation, planning, acquisition, development, and enlargement of the Town parks and recreation services. The Board shall also have such authority as designated to it by Town Ordinance. 2. Study And Development of Recreation And Recreation Areas: The Board shall study and encourage the development of parks and recreation areas and the development of recreation for all residents of the Town. 3. Advisory Capacity to the Director: It shall advise the Parks and Recreation on problems of development of recreation areas, facilities, programs and improved recreation services. 4. Recommend Standards: It shall recommend the adoption of standards for areas, facilities, programs and financial support for parks and recreation purposes. 5. Advise on Long-Range Parks and Recreational Capital Improvement Programs: The Board shall advise and recommend to the Parks and Recreation Director the development of long- range capital improvement programs, and when the need exists for additional park and recreational facilities, the Board shall make appropriate recommendation to the Town Council. It may also recommend the acquisition of additional parks, park and recreational equipment and supplies. 6. Solicitations: The Board may solicit grants, on behalf of the Parks and Recreation Board; provided however, that the acceptance of any such grant is subject to the approval and acceptance of Town Council. 7. Cooperative Opportunities: The Board may cooperate with other governmental agencies, civic organizations and all citizens of the Town in the advancement of sound parks and recreation planning and programming. 8. Amendments to Ordinance: The Board may, from time to time, recommend to the Town Council amendments to this Ordinance. 9. Reports: The Board shall, through its Chairperson or his/her designee, make an oral and written report semi-annually to the Town Council concerning its activities during the past year and its proposals for the coming year. 10. Budget: The Board shall review the proposed budget for the Parks and Recreation Department, and make any recommendations to the Parks and Recreation Director deemed necessary. The Board is not authorized to add, delete or change in any way the budget as prepared by the Parks and Recreation Director. 11. Additional Rules: The Board shall have authority to adopt such additional rules that are not in conflict with this ordinance that it deems necessary to carry the purpose and intent of this ordinance, subject to Town Council approval. Chapter 9 – Parks and Recreation 12. Actions of Board As a Unit: No action of any individual member(s) is authorized except as approved by the Board. Only the Board acting as a whole shall exercise the powers and duties of the Board. Ord. No. 2005-27, § IV, 12-5-05 Chapter 9 – Parks and Recreation Section 1.04 Procedures of the Board A. The procedures of the Board are as set out below: 1. The Board shall establish the schedule and time for its regular meetings. The Chairperson may call special meetings. All meetings shall be held in a public place with public notice as prescribed by law. 2. A quorum consisting of a majority of members shall be required for the transaction of any business. Ord. No. 2005-27, § V, 12-5-05 Chapter 9 – Parks and Recreation Article II Marshall Creek Park Section 2.01 Definitions Alcoholic Beverage: Shall mean all beverages containing any amount, quantity or content of alcohol. All-Terrain Vehicle: Means a motor vehicle that is: 1. Equipped with a saddle for the use of the rider; 2. Designed to propel itself with three or four tires in contact with the ground; 3. Designed by the manufacturer for off-highway use by the operator only; and 4. Not designed by the manufacturer for farming or lawn care. Moped: Shall mean a motor-driven cycle that cannot attain a speed in one mile of more than 30 miles per hour and the engine of which: 1. Cannot produce more than two-brake horsepower; and 2. If an internal combustion engine, has a piston displacement of 50 cubic centimeters or less and connects to a power drive system that does not require the operator to shift gears. Motorcycle: Shall mean a motor vehicle, other than a tractor, that is equipped with a rider's saddle and designed to have when propelled not more than three wheels on the ground. Motor-Driven Cycle: Shall mean a motorcycle equipped with a motor that has an engine piston displacement of 250 cubic centimeters or less. Park, Park Facility or Park Land: Shall mean park land, recreational or park facilities located within Marshall Creek Park and any building or facility located thereon, and under the control of the Town as a part of the park, recreation or playground area, whether or not such areas have been formally dedicated to such purposes. Park and Recreation Rules and Regulations: Shall mean the written rules, regulations and policies adopted by the Town which govern the use of Marshall Creek Park. Parking Area: Shall mean any designated portion of any park or any park road or drive, which is set aside for the parking of vehicles. Permit: Shall mean written permission from the Town of Trophy Club or other appropriate governmental agency or entity which allows the person in possession of such permit to carry out or engage in a given activity in a park. Person: Shall mean any individual, person, firm, partnership, association, corporation, company or organization of any kind. Title 36: Shall mean Title 36 – Parks, Forests, and Park Land of Chapter III, U.S. Army Corp of Engineers, Part 327 – Rules and Regulations Governing Public Use of Water Resources Development Projects Administered by the Chief of Engineers, as amended. Town: Shall mean the Town of Trophy Club, Texas. Chapter 9 – Parks and Recreation Town Designee: Shall mean the person designated by the Town Council to oversee the administration of this Ordinance, including that person’s designee. Trail or Course: Shall mean any pathway or other area with identified boundaries which is designated for a specifically identified use by the public or members thereof engaging in a specified recreational activity. Vehicle: Includes any wheeled device of conveyance, propelled by motor or engine. Vessel: Means any watercraft other than a seaplane on water used or capable of being used for transportation on water. Watercraft: Shall mean a vessel, one or more water skis, an aquaplane or another device used for transporting or carrying a person on the water other than a device propelled only by the current of water. (Ord. No. 2002-45, § 2, 12-16-02 Repealed by Ord. No. 2003-06, § 2, 4-7-03) Chapter 9 – Parks and Recreation Section 2.02 Hours Open To The Public / Signage Marshall Creek Park shall be open to the general public only between the hours posted below: Park Operational Hours Season Days Park Opens Park Closes Summer M-F 6:00 AM 9:00 PM Summer S/S 6:00 AM 9:00 PM Winter M-F 6:00 AM 6:00 PM Winter S/S 6:00 AM 6:00 PM Park ORV/OHV Operational Hours Season Days Park Opens From To Park Closes Summer M-F 6:00 AM 8:00 PM 8:00 PM 9:00 PM Summer S/S 6:00 AM 8:00 PM 7:00 PM 9:00 PM Winter M-F 6:00 AM 8:00 PM 5:00 PM 6:00 PM Winter S/S 6:00 AM 8:00 PM 4:00 PM 6:00 PM Such hours shall be posted at the main entry gate of the Park. The Town Designee shall have the authority to close the Park at any time he or she deems necessary to serve public health, safety or welfare or to allow for maintenance. It shall be unlawful for any person to enter, be or remain in the park when closed except for events approved or scheduled by the Town Designee or Town Council. The Town Designee shall cause signs to be placed within Marshall Creek Park advising persons of the prohibitions contained in this Ordinance and directing traffic flow through the Park, including but not limited to traffic flow on paved roadways and trails or recreational courses within the Park. (Ord. No. 2002-45, § 3, 12-16-02 Repealed by Ord. No. 2003-06, § 3, 4-7-03) Chapter 9 – Parks and Recreation Section 2.03 General Prohibitions Persons utilizing Marshall Creek Park facilities shall comply with all U.S. Army Corp of Engineers regulations, federal, state and local laws, rules and regulations including but not limited to Title 36, Town of Trophy Club Ordinances, and applicable park rules and regulations enacted by the Town. Except as specifically provided herein, no person shall do or cause to be done any of the following: 1. Enter the park or utilize any portion of the park, including but not limited to boat launching areas, off road vehicle areas, off highway vehicle areas, or other recreational or park areas without paying the designated fee for such area. 2. Use or possess any glass container. 3. Possess or consume any alcoholic beverage. 4. Permit any animal owned or possessed by a person to run at large or permit any such animal in the park unless it shall be at all times kept on a leash or confined in a cage. 5. Abandon any animal in the park. 6. Allow any horse into the park in an area not designated for such use. 7. Fail to immediately clean up and properly dispose of any feces left by an animal in the person’s possession or under his control. 8. To carry any firearms prohibited under state and federal law or to discharge any firearm, BB gun or air gun, except where designated or as authorized by federal, state, or local law, rule or regulation. 9. No person shall dump, deposit, or leave any refuse or trash, including but not limited to bottles, broken glass, paper, boxes, cans, dirt, rubbish, waste, garbage, or other trash on park property. No such refuse or trash shall be placed in any waters located within any park, or left anywhere on the grounds. All refuse and trash shall be placed in the proper receptacles where these are provided. Where receptacles are not provided, all refuse and trash shall be removed from the park by the person responsible for its presence, and properly disposed of elsewhere. 10. To participate in any activity when such activity will create a danger to the public or shall be considered a public nuisance. 11. To drive any vehicle across the curbs, sidewalks, grass, lawn, or anywhere else other than upon the roads, streets, parking areas, trails or courses designated for that purpose. 12. To drive any vehicle carelessly and heedlessly disregarding the rights or safety of others without due caution and at a speed, or in a manner, so as to endanger, or be likely to endanger, any person or property. 13. To operate a motor vehicle, including an off road vehicle or off highway vehicle at any time without a muffler in good working order, or operate such motor vehicle in a manner as to create excessive or unusual noise or annoying smoke, or use a muffler cutout, bypass, or similar device. 14. To park vehicles or trailers upon the grass, lawn or anywhere else, other than in those areas designated for that purpose. 15. To park vehicles anywhere except within and between visible lines designating a single Chapter 9 – Parks and Recreation vehicle parking space of any parking lot when such visible parking space lines have been placed upon such parking lots. 16. To park any vehicle in any parking area so as to obstruct, block or hinder ingress or egress to a parking area. 17. To operate vehicles off the surface of designated roadways, trails or courses. 18. To use or speak any threatening, abusive, insulting, or indecent language, and no person shall commit any obscene, lewd or indecent act or create any nuisance. 19. Fires are prohibited except in designated areas. 20. For any person twelve (12) years of age or under to be in the park unless accompanied by an adult. 21. Mark, deface, disfigure, injure, tamper with, alter, or remove, create or obstruct any roadways, trails, courses, boat launches, park or recreational facilities, buildings, tables, benches, grills, fences, paving or paving materials, water lines or other public utilities or parts or appurtenances thereof, signs, notices, or placards, whether temporary or permanent, monuments, stakes, posts, or other boundary markers or other structures or equipment, facilities or park property appurtenances whatsoever, either real or personal, located within the park. Notwithstanding the foregoing, a person shall alter or remove park property as specifically authorized by a properly issued permit approved by Town Designee or other governmental agency with authority to issue such permit. Such person shall be responsible for replacement or repair of all such items to a condition equal to or better than that existing prior to the issuance of the permit. 22. Dig or remove any sand, whether submerged or not, or any soil, rock, stone, or trees, shrubs or plants downed timber or other wood or materials, or make any excavation by hand, tool, equipment, blasting, or other means or agency, including but not limited to building or creating obstacles or obstructions, except as specifically allowed in areas so designated. 23. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public utility into, upon, or across such lands, except by written permission of the Town of Trophy Club. 24. Attach any wire, rope, or other contrivance to any structure or piece of park equipment. 25. Play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice or other devices, for money, chips, shells, credit or any other representation of value, or to maintain or exhibit any gambling table or other instrument of gambling or gaming. 26. To disturb in any manner any picnic, meeting, service, concert, exercise or exhibition or permitted special event. 27. To sell or offer for sale any food, drinks, confections, merchandise or services unless such person has a written agreement or a permit issued by the Town. 28. To practice, carry on, conduct or solicit for any trade, occupation, business or profession without the appropriate permit or authorization of the Town. 29. To camp overnight. Chapter 9 – Parks and Recreation 30. Hitch a horse or other animal to any tree, plant, or structure, except as specifically allowed in designated areas. 31. Plant trees, flowers, shrubs, or other vegetation in a park without first obtaining written approval and permission from the Town. The request for approval must specifically identify all trees and other vegetation to be planted, their proposed location, and the nature and extent of maintenance required by such trees or other vegetation. 32. Hunt, trap, molest, harm, frighten, tease, shoot, or throw missiles at any animal, reptile, or bird; nor shall a person remove or have in his/her possession the young of any wild animal, or the eggs or nest, or young of any reptile or bird. This section shall not apply to Town employees, agents or contractors in the performance of duties and obligations as specified in a written contract between such person(s) and the Town or which are required as a part of the duties and obligations of an employee of the Town in the proper performance of such person’s job. 33. Give or offer, or attempt to give to any animal or bird, any tobacco, alcohol or other toxic or injurious substances. 34. Damage, cut, carve, transplant, or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant. Nor shall any person attach any rope, wire, or other contrivance to any tree or plant. A person shall not dig or otherwise disturb grass areas to the detriment of these areas, or in any way injure or impair the natural beauty or usefulness of any area, provided that normal use of grassed areas will not be prohibited. Exception is hereby made for a person acting pursuant to and in accordance with a contract between such person and the Town, in accordance with such person’s job duties as an employee of the Town or in accordance with a permit or other authorization issued by the Town. In addition to compliance with the requirements of this Ordinance, compliance with the Town’s Tree Ordinance and all other applicable ordinances shall be required. 35. Climb any tree or walk, stand or sit upon any monument, vases, fountains, railings, fences, or upon any other property or structure not designated or customarily used for such purposes. 36. Fail to comply with any regulation contained within Title 36 – Parks, Forests, and Park Land of Chapter III, U.S. Army Corp of Engineers, Part 327 – Rules and Regulations Governing Public Use of Water Resources Development Projects Administered by the Chief of Engineers. A copy of Title 36 shall be on file and available for review in the office of the Town Secretary or the Community Development Department. 37. No person shall engage in activities that involves thrown or otherwise propelled objects such as golf balls, stones, arrow, javelins or other objects likely to inflict injury, except as specifically authorized in writing by the Town Designee or allowed by permit issued by the Town or other authorized agency having jurisdiction over such activity. 38. No person shall throw, discharge, or otherwise cause to be placed in the water of any fountain, pond, or independent body of water within the park or any storm sewer, or drain within the park, any substance, material thing, liquid or solid, which will or shall result in the pollution of such waters. (Ord. No. 2002-45, § 4, 12-16-02 Repealed by Ord. No. 2003-06, § 4, 4-7-03) Chapter 9 – Parks and Recreation Section 2.04 Exemptions In addition to the specific exemptions provided to the Town, its contractors and employees in this Ordinance, item numbers 1, 8, 11, 13, 14, 16, and 17 of Section 2.03 shall not apply to vehicles operated by the Town, county, state or federal agencies, when such vehicles are operated for the purpose of maintenance or improvements to Marshall Creek Park. (Ord. No. 2002-45, § 5, 12-16-02 Repealed by Ord. No. 2003-06, § 5, 4-7-03) Chapter 9 – Parks and Recreation Section 2.05 Enabling Provision The Town Manager and her designee(s) shall, from time to time, promulgate rules and regulations governing the use of Marshall Creek Park. Such rules and regulations shall be either in the form of an ordinance duly enacted by Town Council or in the form of formal rules and regulations approved and adopted by the Town Council. (Ord. No. 2002-45, § 6, 12-16-02 Repealed by Ord. No. 2003-06, § 6, 4-7-03) Chapter 9 – Parks and Recreation Section 2.06 Vehicles, Speed and Traffic All applicable state and local vehicles and traffic laws and ordinances shall continue in full force and effect in Marshall Creek Park. No person shall drive a vehicle on a street or highway within the Park at a speed greater than is reasonable and prudent under the circumstances then existing. The maximum rate of speed on each of the streets, roads and highways within Marshall Creek Park, other than trails or courses, shall be twenty-five (25) miles per hour. It shall be unlawful for any person to drive any vehicle thereon at a speed greater than twenty-five (25) miles per hour. No person shall operate, drive, park, or ride any licensed or unlicensed motorized or human powered vehicle on other than on a vehicular road designated for that purpose or on a course, trail or other roadway specifically designated for such purpose, except that this section shall not apply to authorized Town vehicles in the proper performance of their duties or to a contractor or agent of the Town in the proper performance of contractual obligations to the Town. (Ord. No. 2002-45, § 7, 12-16-02 Repealed by Ord. No. 2003-06, § 7, 4-7-03) Chapter 9 – Parks and Recreation Section 2.07 Operation of All-Terrain Vehicles, Motorcycles, Mopeds and Motor- Driven Cycles 1. A person shall not operate an all-terrain vehicle within or upon the park property unless the person: a. Holds a safety certificate issued under State of Texas Transportation Code, Chapter 663, All-Terrain Vehicles, Subchapter B., All-Terrain Vehicle Operator Education and Certification or under the authority of another state; b. Is taking a safety training course under the direct supervision of a certified all-terrain vehicle safety instructor; or c. Is under the direct supervision of an adult who holds a safety certificate issued under applicable law. 2. A person to whom a safety certificate required by Section 2.07 (1)(a-c) has been issued shall: a. Carry the certificate when the person operates an all-terrain vehicle on park property; and b. Display the certificate at the request of any law enforcement officer. 3. A person younger than 14 years of age who is operating an all-terrain vehicle must be accompanied by and be under the direct supervision of either the person's parent or guardian; or an adult who is authorized by the person's parent or guardian. 4. An all-terrain vehicle that is operated on park property must be equipped with: a. A brake system maintained in good operating condition; b. An adequate muffler system in good working condition; and c. A United States Forest Service qualified spark arrester. 5. An all-terrain vehicle that is operated on park property must display a lighted headlight and taillight: a. During the period from one-half hour after sunset to one-half hour before sunrise; and b. At any time when visibility is reduced because of insufficient light or atmospheric conditions. 6. A person shall not operate an all-terrain vehicle on park property if: a. The vehicle has an exhaust system that has been modified with a cutout bypass, or similar device; or b. The spark arrester has been removed or modified, unless the vehicle is being operated in a closed-course competition event. 7. The Town designee shall exempt all-terrain vehicles that are participating in certain competitive events from the requirements of this section. Chapter 9 – Parks and Recreation 8. A person shall not operate, ride, or be carried on an all-terrain vehicle, motorcycle, motor- driven cycle, or moped on park property unless the person wears: a. A safety helmet that complies with United States Department of Transportation standards; and b. Eye protection. 9. A person shall not operate an all-terrain vehicle, motorcycle, motor-driven cycle, or moped on park property in a careless or reckless manner that endangers, injures, or damages any person or property. 10. A person shall not carry a passenger on an all-terrain vehicle, motorcycle, motor-driven cycle, or moped operated on park property. 11. A person shall not operate an all-terrain vehicle motorcycle, motor-driven cycle, or moped on a public street, road, or highway except as provided by this section. 12. The operator of an all-terrain vehicle may drive the vehicle across a public street, road, or highway that is not an interstate or limited-access highway, only if the operator: a. Brings the vehicle to a complete stop before crossing the shoulder or main traveled way of the roadway; b. Yields the right-of-way to oncoming traffic that is an immediate hazard; c. Makes the crossing at an angle of approximately ninety (90) degrees to the roadway, at a place where no obstruction prevents a quick and safe crossing and with the vehicle's headlights and taillights lighted. 13. The operator of an all-terrain vehicle shall drive such vehicle across a divided highway other than an interstate or limited access highway only at an intersection of the highway with another public street, road, or highway. 14. This section does not apply to the operation of an all-terrain, motorcycle, motor-driven cycle, or moped vehicle that is owned by the state, a county, or a municipality and operated by a person authorized to operator such vehicle. (Ord. No. 2002-45, § 8, 12-16-02 Repealed by Ord. No. 2003-06, § 8, 4-7-03) Chapter 9 – Parks and Recreation Section 2.08 Usage Fees 1. The following fees shall be collected from park users as applicable: a. Daily Park Entrance/Boat Launch: $3.00 per vehicle b. Additional Fees: $5.00 for each additional ATV, Motorcycle, Motor-driven cycle or Moped not being the primary mode of conveyance. c. Special Event Permit Fee: To be determined by Town Council d. Security Fee: $25.00 per hour per police officer e. 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 Ordinance and the fee charged in the Schedule of Fees Ordinance the amount specified in the 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. f. A Replacement Pass May be Purchased: A replacement pass may be purchased: (1) in the event that an annual pass is damaged; or (2) the vehicle for which the pass is issued is damaged or sold; or (3) ownership of the vehicle is otherwise transferred; AND (3) the old pass is removed from the vehicle and returned either in whole or in part. A partial annual pass is sufficient to allow the issuance of a replacement pass if the salvaged portion of the pass contains either all or a portion of the registration number on the original pass. The cost of such replacement pass shall be $5.00 to cover costs of voiding the old pass and issuing a new pass. If an applicant is unable to return the old pass, either in whole or in part, and a new pass is requested, then such applicant shall be required to purchase a new pass at full price. 2. Notwithstanding any provision in this ordinance establishing a fee(s), in the event of a conflict between the amount of the fee(s) specified in this Ordinance and the amount of the fee(s) specified in the most recent Schedule of Fees adopted by the Town Council, the amount specified in the most recent Schedule of Fees shall control and shall be due and payable as a condition of use. (Ord. No. 2002-45, § 9, 12-16-02 Repealed by Ord. No. 2003-06, § 9, 4-7-03) Chapter 9 – Parks and Recreation Section 2.09 Special Event Permit Application Procedure 1. A person wishing to conduct a special event or engage in an organized activity within the Park for which a permit is required by Title 36, Ordinance, rule, regulation, or policy shall file an application with the Town Designee and pay the fees as set forth herein. 2. Permit applications for organized events or activities to be held within the Park shall at a minimum provide the following information: a. The name, address, and telephone number of the applicant. If the use or activity is to be conducted for, on behalf of, or by any person or organization other than the applicant, then the name, address and telephone number of that person or organization must be provided; b. The date(s) and hours for which the permit is requested; c. Type of proposed use or activity; d. The portion of the park facility desired to be used to conduct the proposed use or activity; e. An estimate of the anticipated attendance; and f. Any requested site support for the permitted activity, including the need for additional sanitary and refuse facilities. 2. Permit applications for events or activities pursuant to Section 2.08 hereof shall be filed with the Town Designee for consideration not less than ten (10) business days nor more than three hundred sixty-five (365) days before the date of the proposed use or activity, except as otherwise provided by Title 36, Town Ordinance, rule, regulation, or policy, or if waived in writing by the Town Designee. The Town Designee shall evaluate the application and render a decision in accordance with the procedures set forth in this Ordinance within ten (10) business days of receipt of such request. 3. If the Town Designee determines that anticipated attendance at the activity or the conduct of the permitted activity shall reasonably cause injury to persons or property, or be detrimental to the health, safety or welfare of the public, the Town Designee shall require that additional security precautions be taken to permit the use of the designated area. In such event, the Town Designee shall impose a security fee as specified herein to defray the cost of furnishing adequate security forces by the Town at the proposed function. (Ord. No. 2002-45, § 10, 12-16-02 Repealed by Ord. No. 2003-06, § 10, 4-7-03) Chapter 9 – Parks and Recreation Section 2.10 Reasons For Special Event Permit Denial 1. Upon receiving a written application for permit, the Town Designee shall grant a written permit for the requested Special Event unless: a. The proposed activity or use of the Park will unreasonably interfere with or detract from the general public use and enjoyment of the Park; or b. The proposed activity or use of the Park will unreasonably interfere with or detract from the health, safety or welfare of the public; or c. The area of the Park requested for use by the applicant has been reserved for another activity or for use at the day and hour requested in the application; or d. False or misleading information is contained in the application or required information is omitted; or e. The proposed activity or use would violate any federal, state, or municipal law; or f. The nature of the proposed activity or use, equipment needed for the event, and/or level of attendance would likely cause unreasonable or undue environmental damage to the Park. 2. The Town Designee shall impose reasonable conditions or restrictions on the granting of a permit including but not limited to any of the following: a. A requirement that the applicant post a security deposit as determined reasonable by the Town Designee for the repair of any damage to the Park or the cost of clean up or both. The amount of the security deposit shall be based upon the nature, attendance, and duration of the permitted activity. b. A requirement that the applicant pay a fee as determined necessary by the Town Designee based upon documented costs of furnishing adequate City personnel at the proposed use or activity, including but not limited to security personnel; c. A requirement that the applicant furnish additional sanitary and refuse facilities that shall be reasonably necessary, based upon the use or activity for which the permit is being sought; d. A requirement that the applicant pay a fee as determined necessary by the Town Designee to cover the administrative costs of the permit application and site support by the Town at the proposed use or activity. (Ord. No. 2002-45, § 11, 12-16-02 Repealed by Ord. No. 2003-06, § 11, 4-7-03) Chapter 9 – Parks and Recreation Section 2.11 Appeals of Special Event Permit Denial or Conditional Approval Decisions of the Town Designee regarding the issuance of a permit, the imposition of additional restrictions or conditions upon the granting of a permit, or the use of the Park shall be appealed to the Town Parks and Recreation Committee. Such appeal shall be in writing and shall be filed within five (5) business days after the issuance of a decision by the Town Designee. When making a determination regarding the appeal, the Town Designee shall consider the application under the standards provided in this Ordinance. Provided however, that appeals for denial of a permit shall be based upon all facts and circumstances presented. The Town Parks and Recreation Committee shall either sustain or overrule the Town Designee’s decision. The decision of the Committee shall be issued in writing and filed with the Town Secretary within ten (10) business days of such decision. Decisions of the Town Parks and Recreation Committee shall be appealed to the Town Council. Such appeal shall be in writing and shall be filed with the Town Secretary within five (5) business days after the issuance of such decision. The appeal to the Town Council shall be placed on the agenda for the next regularly scheduled Town Council meeting for which the applicant is able to meet Town established deadlines for submittal of agenda items. The decision of the Town Council shall be based upon the same criteria specified herein for consideration by the Park and Recreation Committee and Council’s decision shall be final. (Ord. No. 2002-45, § 12, 12-16-02 Repealed by Ord. No. 2003-06, § 12, 4-7-03) Secs ##-## -- ##-##. Reserved Chapter 10 – Public Safety Chapter 10 - Public Safety Chapter 10 – Public Safety Article I Creation of Police Department Section 1.01 Creation of Police Department There is hereby created a police department of the Town of Trophy Club, Texas, at the head of which shall be the chief of police. The police department shall be composed of the chief of the police department and other employees as the Town Council may provide. (Ord. No. 90-15, § I, 10-24-90) Chapter 10 – Public Safety Section 1.02 Standards No person will be certified as a chief of police or police officer who has not complied with all requirements established by the State of Texas for peace officers and by the Town acting through the chief of police. (Ord. No. 90-15, § II, 10-24-90) Chapter 10 – Public Safety Section 1.03 Chief of Police A. The chief of police shall be the chief law enforcement officer of the Town. He or she shall: 1. Organize and administer the police department in conformity with the Codes of the Town and the Constitution and laws of the State of Texas and the United States; 2. Have immediate direction and control of the police department, subject to the supervision of the Town Administrator and such rules, regulations and orders as the Town Council may prescribed; 3. Consistent with policies and procedures established by the Town Administrator and the Town Council, promulgate all orders, rules and regulations for government of the police force; 4. Appoint and discipline police officers and other employees of the police department, who shall serve at this or her discretion; 5. Have the same powers in the Town as the sheriff of Denton County for the prevention and suppression of crime, the arrest of offenders, the taking of bail and the execution of arrest warrants, search warrants and other writs; and 6. Perform such other duties as may be required by the Town Council. B. The chief of police shall be appointed by, and shall serve at the pleasure of the Town Council which may terminate his or her serves at any time. (Ord. No. 90-15, § III, 10-24-90) Chapter 10 – Public Safety Section 1.04 Duties of Police Officers A. The chief of police and all officers of the police department shall be, and they are hereby vested with all the power and authority given to them as peace officers under the laws of the state, the federal law, and the Codes and regulations of the Town and it shall be the duty of each such officer: 1. To use his or her best endeavors to prevent the commission within the Town of offenses against the laws of the state, the federal government; and against the Codes and regulations of the Town; 2. To observe and enforce all such laws, Codes and regulations; 3. To detect and arrest offenders against the same; and 4. To preserve the public peace, health and safety. B. All police officers shall execute any criminal warrant, warrants of arrest, any writ, subpoenas or other process that may be placed in their hands by duly constituted authorities. (Ord. No. 90-15, § IV, 10-24-90) Chapter 10 – Public Safety Section 1.05 Police Reserve A. There is hereby created an auxiliary police force to be known as the police reserve. B. The chief of police shall be the head of the police reserve, and the members of the reserve shall be under the authority, control and command of the chief of police subject to all provisions of the Codes of the Town and laws of this state. The chief of police may, by order, establish rules and regulations to govern the police reserve force, to fix specific duties of its members and to provide for the maintenance of discipline. He or she may change such orders from time to time, and may command members of the police reserve force to obey the instructions of regular police officers in carrying out their orders. C. Members of the police reserve shall comply with the standards as set forth by the Texas Commission on Law Enforcement Officer Standards and Education prior to appointment. Additional standards may be set by the chief of police. D. The duties of the police reserve force, subject at al times to the direction, supervision and control of the chief of police, shall be to assist the regular members of the police department in the enforcement of law and maintenance of peace and order during period of emergencies designated by the chief of police. All members of the police reserve force shall be subject to all rules, polices and regulations governing the conduct and operations of regular police officers. The chief of police may prescribe other duties than those mentioned herein to be performed by the police reserve force. E. Members of the police reserve shall be appointed by the chief of police, to serve at his or her discretion, and any member may resign from the police reserve at any time, but it shall be his or her duty to notify the chief of police of his or her resignation. (Ord. No. 90-15, § V, 10-24-90) Chapter 10 – Public Safety Section 1.06 Duties of Police Officers The office of Town Marshal is hereby abolished, and the duties of such office are conferred on the chief of police. (Ord. No. 90-15, § VI, 10-24-90) Chapter 10 – Public Safety Article II Traffic & Vehicles Section 2.01 Definitions When used in this Article, the following words and phrases shall have the respective meanings ascribed to them: Alley: Means a street that is not used primarily for through traffic and provides access to rear entrances of buildings or lots along a street. Chief or Chief of Police: Means the Chief of Police of the Town of Trophy Club, Texas or his or her designee. Commercial Motor Vehicle: Means any motor vehicle other than a motorcycle, designed or used for the transportation of property, including every vehicle used for delivery purposes. Motor Vehicle: Means every vehicle, as herein defined, which is self-propelled. Semi-trailer: Means every vehicle of the trailer type so designed or used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another motor vehicle. Stoplight: Means a traffic control signal displaying different colored lights or colored lighted arrows successively or in a combination, and may display only green, yellow, or red and applies to operators of vehicles as provided by the Texas Transportation Code. Street: Means every street, road and alley within the Town of Trophy Club, Texas, exclusive of state highways within the Town. Trailer: Means every vehicle without motor power designed or used for carrying property or passengers wholly on its own structure and to be drawn by a motor vehicle. Truck-tractors: Means every motor vehicle designed or used primarily for drawing other vehicles, and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn, except that is engaged with a semi-trailer in the transportation of automobiles, and that transports motor vehicles on part of the truck-tractor. Vehicle: Means every mechanical device in, upon or by which any person or property is or may be transported or drawn upon a public highway, including motor vehicles, commercial motor vehicles, truck- tractors, trailers, and semi-trailers, severally, as hereinafter defined, but excepting devices moved by human power or used exclusively upon stationary rails or tracks. (Ord. No. 2004-09, § II, 2-16-04 Repealed by Ord. No. 2005-26, § II, 10-3-05) Chapter 10 – Public Safety Section 2.02 Speed of Vehicles A. Maximum Speed 1. Except as provided by Section 2.03(E) of this Code, no person shall drive a vehicle on a street or highway within the Town at a speed greater than is reasonable and prudent under the circumstances then existing. 2. The maximum rate of speed on all of the streets, roads and highways within the corporate limits of the Town shall be thirty (30) miles per hour, except in designated school zones as provided herein. 3. The maximum rate of speed on all of the alleys within the corporate limits of the Town shall be (15) fifteen miles per hour. B. Speed of Vehicles The following areas, streets or portions thereof shall be designated special speed zones and it shall be unlawful for any person to drive any vehicle thereon at a speed greater than twenty (20) miles per hour during the designated times: 1. On Village Trail Road from the 0 block to the 300 block, between the hours of 7:00 a.m. and 9:00 a.m. and between the hours of 2:00 p.m. and 3:30 p.m. on school days. 2. On Trophy Lake Drive at the corner of Trophy Club Drive to 300 feet south of Village Trail Road, between the hours of 7:00 a.m. and 9:00 a.m. and between the hours of 2:00 p.m. and 3:30 p.m. on school days. 3. On Marshall Creek Road from the most western Town limits sign to 300 feet east of Parkview Drive, between the hours of 7:00 a.m. and 9:30 a.m. and between the hours of 2:30 p.m. and 4:30 p.m. on school days. 4. On Parkview Drive from the intersection of Marshall Creek Road, south to Durango Drive between the hours of 7:00 a.m. and 9:30 a.m. and between the hours of 2:30 p.m. and 4:30 p.m. on school days. C. Signs Speed limit and school zone signs in conformity with the manual and specifications for uniform traffic control devices as adopted by the State Highway Commission shall be and hereby are directed to be erected at the appropriate locations as determined by the Chief of Police. (Ord. No. 2004-09, § III, 2-16-04 Repealed by Ord. No. 2005-26, § III, 10-3-05) Chapter 10 – Public Safety Section 2.03 Traffic Control Devices A. Uniformity of Traffic Control Devices; Conformance to Manual All traffic control devices including signs, signals and markings (pavement and/or curb) installed or used for the purpose of directing and controlling traffic within the Town shall conform with the Texas Manual on Uniform Traffic Control Devices for Streets and Highways adopted by the State Highway Commission (the “Manual”). As required by §544.002, TEX. TRANSP. CODE ANN. (Vernon 1998), all signs, signals and markings erected or used by the Town shall be uniform, and shall be located throughout the Town in conformity with the directions shown in the Manual as far as practicable. B. Stop Signs Stop signs shall be erected at the following intersections and such intersections are hereby designated as stop intersections. Every driver of a vehicle approaching a stop intersection shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of the approaching traffic on the intersecting roadway before entering the intersection, except when directed to proceed by a police officer or traffic control signal. The stop intersections and locations of stop signs shall be as follows: 1. At the corner of every street or court intersecting with and entering onto Trophy Club Drive. 2. At the corner of every street or court intersecting with and entering onto Indian Creek Drive. 3. At the corner of every street or court intersecting with and entering onto Village Trail Drive. 4. At the northeast corner of the intersection of Indian Creek Drive and Trophy Wood Drive facing east on Indian Creek Drive. 5. At the southwest corner of the intersection of Indian Creek Drive and Trophy Wood Drive facing west on Indian Creek Drive. 6. At the southeast corner of the intersection of Indian Creek Drive and Trophy Wood Drive facing south on Trophy Wood Drive. 7. At the northeast corner of the intersection of Inverness Drive and Forest Hill Drive facing east on Inverness Drive. 8. At the northeast corner of the intersection of Phoenix Drive and Pebble Beach Drive facing east on Phoenix Drive. 9. At the northeast corner of the intersection of Carnoustie Drive and Oakmont Drive facing east on Carnoustie Drive. 10. At the northwest corner of the eastern most section of the intersection of Seminole Drive and Fresh Meadow Drive facing north on Seminole Drive. 11. At the northeast corner of the intersection of Pin Oak Drive and Trophy Wood Drive facing east on Pin Oak Drive. 12. At the northeast corner of the intersection of Pebble Beach Drive and Trophy Wood Drive facing east on Pebble Beach Drive. Chapter 10 – Public Safety 13. At the southwest corner of the intersection of Pebble Beach Drive and Trophy Wood Drive facing west on Pebble Beach Drive. 14. At the northeast corner of the intersection of Inverness Drive and Trophy Wood Drive facing east on Inverness Drive. 15. At the southwest corner of the intersection of Inverness Drive and Trophy Wood Drive facing west on Inverness Drive. 16. At the northwest corner of the intersection of Michelle Court and Indian Creek Drive facing north on Michelle Court. 17. At the southeast corner of the intersection of Brook Hollow Lane and Indian Creek Drive facing northeast on Indian Creek Drive. 18. At the southeast corner of the intersection of St. Andrews Court and Indian Creek Drive facing southwest on St. Andrews Court. 19. At the southeast corner of the intersection of Lake Forest Court and Indian Creek Drive facing southwest on Lake Forest Court. 20. At the southeast corner of the intersection of Turnbury Court and Indian Creek Drive facing southwest on Turnbury Court. 21. At the southeast corner of the intersection of Glen Eagles Court and Indian Creek Drive facing southwest on Glen Eagles Court. 22. At the northeast corner of the intersection of Woodlands Court and Indian Creek Drive facing east on Woodlands Court. 23. At the northeast corner of the intersection of Shady Oaks Court and Indian Creek Drive facing east on Shady Oaks Court. 24. At the northeast corner of the intersection of Ross Court and Indian Creek Drive facing east on Ross Court. 25. At the northwest corner of the most easterly intersection of Fair Green Drive and Indian Creek Drive facing north on Fair Green Drive. 26. At the northwest corner of the most westerly intersection of Fair Green Drive and Indian Creek Drive facing north on Fair Green Drive. 27. At the northeast corner of the intersection of Sunrise Court and East Hillside Place facing east on Sunrise Court. 28. At the northeast corner of the intersection of Greenhill Trail South and East Hillside Place facing east on Greenhill Trail South. 29. At the northeast corner of the intersection of Crestwood Drive and East Hillside Place facing east on Crestwood Drive. 30. At the southeast corner of the intersection of Rockwood Drive and Crestwood Drive facing south on Rockwood Drive. 31. At the southwest corner of the intersection of Overhill Drive and Skyline Drive facing west on Overhill Drive. Chapter 10 – Public Safety 32. At the southwest corner of the most southerly intersection of Panorama Trail and Skyline Drive facing west on Panorama Trail. 33. At the northeast corner of the intersection of Panorama Court and Skyline Drive facing east on Panorama Court. 34. At the southwest corner of the most northerly intersection of Panorama Trail and Skyline Drive facing west on Panorama Trail. 35. At the northwest corner of the intersection of Brookfield Drive and Creek Courts Drive facing north on Brookfield Drive. 36. At the northwest corner of the intersection of Oakmont Drive and Creek Courts Drive facing north on Oakmont Drive. 37. At the southeast corner of the intersection of Cimarron Drive and Sonora Drive facing south on Cimarron Drive. 38. At the southwest corner of the intersection of Trophy Club Drive and Indian Creek Drive facing west and controlling traffic on Trophy Club Drive. 39. At the northeast corner of the intersection of Trophy Club Drive and Michelle Court facing east and controlling traffic on Trophy Club Drive. 40. At the northwest corner of Overhill Drive and Timber Ridge Drive facing north on Overhill Drive. 41. At the southwest corner of Timber Ridge Drive and Skyline Drive facing west on Timber Ridge Drive. 42. At the northwest corner of Rockwood Drive and Meadowbrook Lane facing north on Rockwood Drive. 43. At the northeast corner of Greenleaf Drive and Meadowbrook Lane facing southeast on Greenleaf Drive. 44. At the southeast corner of Timberline Drive and Greenleaf Drive facing east on Timberline Drive. 45. At the northeast corner of Timber Ridge Drive and Greenhill Drive facing east on Timber Ridge Drive. 46. At the northwest corner of Greenleaf Drive and Timberline Drive facing north on Greenleaf Drive. 47. At the southwest corner of Trophy Wood extension at T. W. King Road facing west on T. W. King Road. 48. At the southeast corner of Lake Forest Drive and Cypress Court facing south on Lake Forest Drive. 49. At the northwest corner of Summit Cove and Municipal Drive facing north on Summit Cove. 50. At the northwest corner of Hill Top Lane and Oak Hill Drive facing north on Oak Hill Drive. Chapter 10 – Public Safety 51. At the southwest corner of Oak Hill Drive and Oak Hill Drive facing west; this street circles around into itself. 52. At the northeast corner of Oak Village Court and Oak Hill Drive facing east on Oak Village Court. 53. At the northwest corner of Carnoustie Drive and Wilshire Drive facing north on Carnoustie Drive. 54. At the southeast corner of Portland Drive and Wilshire Drive facing south on Portland Drive. 55. At the southeast corner of Berkshire Drive and Portland Drive facing southwest on Berkshire Drive. 56. At the southeast corner of Winding Creek Court and Creek Courts Drive facing south on Winding Creek Court. 57. At the northeast corner of Palmetto Court and Oakmont Drive facing east on Palmetto Court. 58. At the southwest corner of Oakmont Drive and Oakmont Drive facing west; this street circles around into itself. 59. At the southwest corner of Shasta Drive and Trophy Lake Drive facing west on Shasta Drive. 60. At the northwest corner of Llano Drive and Shasta Drive facing north on Llano Drive. 61. All four corners where Cimarron Drive and Shasta Drive intersect. 62. At the southeast corner of Shasta Drive and Alamosa Drive facing south on Shasta Drive. 63. At the southeast corner of Pagosa Court and Sonora Drive facing south on Pagosa Court. 64. At the southeast corner of Palo Duro Court and Sonora Drive facing south on Palo Duro Court. 65. At the southeast corner of Mesa Verde Court and Sonora Drive facing south on Mesa Verde Court. 66. At the southeast corner of Salida Drive and Chimney Rock Drive facing south on Salida Drive. 67. At the southeast corner of Sonora Drive and Monterey Drive facing south on Sonora Drive. 68. At the northwest corner of Silver Rock Drive and Chimney Rock Drive facing north on Silver Rock Drive. 69. At the southwest corner of Monterey Drive and Silver Rock Drive facing west on Monterey Drive. 70. At the southeast corner of Silver Rock Drive and Durango Drive facing south on Silver Rock Drive. 71. At the northeast corner of Chimney Rock Drive and Sonora Drive facing east on Chimney Rock Drive. 72. At the corner of every court intersection with and entering onto Creek Courts Drive. Chapter 10 – Public Safety 73. At the southeast corner of the intersection of Sunset Drive and Portland Drive facing south on Sunset Drive. 74. At the northeast corner of the intersection of Oak Village Lane and Oak Hill Drive facing east on Oak Village Lane. 75. At the southwest corner of the intersection of Jaime Court and Trophy Wood Drive facing west on Jaime Court. 76. At the southwest corner of the intersection of Fairway Village and Fresh Meadow Court facing west on Fairway Village. 77. At the southeast corner of the intersection of Village Way and Fairway Village facing south on Village Way. 78. At the northeast corner of the intersection of Jennifer Court and Michelle Court facing east on Jennifer Court. 79. At the northwest corner of the intersection of Hill Lane and Oak Hill Drive facing west on Hill Lane. 80. At the southeast corner of the intersection of Glenwick Court and Meadow Ridge Drive facing south on Glenwick Court. 81. At the southeast corner of the intersection of Glen Hurst Court and Meadow Ridge Drive facing south on Glen Hurst Court. 82. At the northwest corner of the intersection of Ridgewood Drive and Meadow Ridge Drive facing north on Ridgewood Drive. 83. At the southeast corner of the intersection of Briarwood Court and Meadow Ridge Drive facing south on Briarwood Court. 84. At the southeast corner of the intersection of Meadow Lake Drive and Avalon Drive facing west on Meadow Lake Drive. 85. At the northwest corner of the intersection of Lakewood Drive and Avalon Drive facing north on Avalon Drive. 86. At the northeast corner of the intersection of Silver Rock Drive and McKenzie Drive facing east on Silver Rock Drive. 87. At the southwest corner of the northern most intersection of Lakeview Drive and Lake Shore Drive facing west on Lakeview Drive. 88. At the southwest corner of the southern most intersection of Lakeview Drive and Lakeshore Drive facing west on Lakeview Drive. 89. At the southeast corner of the intersection of Parkway Court and Park Lane facing south on Parkway Court. 90. At the southwest corner of the intersection of Park Lane and Parkview Drive facing west on Park Lane. 91. At the southeast corner of the intersection of Cimarron Court and Cimarron Drive facing west Chapter 10 – Public Safety on Cimarron Court. 92. At the northeast corner of the intersection of Round Rock Court and Llano Drive facing east on Round Rock Court. 93. At the northeast corner of the intersection of Paint Rock Court and Llano Drive facing east on Paint Rock Court. 94. At the southwest corner of the intersection of Village Trail and Trophy Lake Drive facing west on Village Trail. 95. At the southeast corner of the intersection of Colonial Court and Cypress Court facing south on Colonial Court. 96. At the northwest corner of the intersection of Gentry Court and Fresh Meadow Drive facing north on Gentry Court. 97. At the northeast corner of the intersection of Hanna Court and Trophy Wood Drive facing east on Hanna Court. 98. At the corner of every street or court intersection with and entering onto Durango Drive. 99. At the corner of every street or court intersection with and entering onto Skyline Drive. 100. At the northeast corner of the intersection of Panorama Circle going west and Panorama Circle going north. 101. At the northwest corner of the intersection of Spyglass Court and Hogan’s Drive facing north on Spyglass Court. 102. At the northwest corner of the intersection of Hayes Court and Hogan’s Drive facing north on Hayes Court. 103. At the northwest corner of the intersection of Hamper Court and Hogan’s Drive facing north on Hamper Court. 104. At the northwest corner of the intersection of Spyglass Court and Cypress Court facing north on Spyglass Court. 105. At the southeast corner of the intersection of Spyglass Court and Hogan’s Drive facing south on Spyglass Court. 106. At the northeast corner of the intersection of Stephen’s Court and Hogan’s Drive facing east on Stephen Court. 107. At the northwest corner of the intersection of Edgemere Court and Drive facing northeast on Edgemere Court. 108. At the northwest corner of the intersection of Clear Vista Drive and Court facing north on Clear Vista Drive. 109. At the northwest corner of the intersection of Lakeview Drive and Lakeshore Drive facing north on Lakeshore Drive. 110. At the southwest corner of the intersection of Lakeview Drive and Lakeshore Drive facing west on Lakeview Drive. Chapter 10 – Public Safety 111. At the southeast corner of the intersection of Lakeview Drive and Lakeshore Drive facing south on Lakeshore Drive. 112. At the southwest corner of the intersection of Parkview Drive and Durango Drive facing west on Durango Drive. 113. At the northeast corner of the intersection of Parkview Drive and Durango Drive facing east on Durango Drive. 114. At the northeast corner of the intersection of Durango Drive and Village Trail facing east on Durango Drive. 115. At the southwest corner of the intersection of Durango Drive and Village Trail facing west on Durango Drive. 116. At the northeast corner of the intersection of Trophy Club Drive and Trophy Lake Drive facing east on Trophy Club Drive. 117. At the southwest corner of the intersection of Trophy Club Drive and Trophy Lake Drive facing west on Trophy Club Drive. 118. At the northwest corner of the intersection of Trophy Wood Drive and Inverness Drive facing north on Trophy Wood Drive. 119. At the southeast corner of the intersection of Trophy Wood Drive and Inverness Drive facing south on Trophy Wood Drive. 120. Southwest corner of the intersection of southbound Greenhill Trail and eastbound Hunters Ridge Lane, facing west for traffic turning north or south onto Greenhill Trail or continuing east on Hunters Ridge Lane. 121. Northeast corner of the intersection of westbound Hunters Ridge Lane and northbound Greenhill Trail, facing east for traffic turning north or south onto Greenhill Trail or continuing west on Hunters Ridge Lane. 122. Southeast corner of the intersection of northbound Greenhill Trail and eastbound Heather Glen Circle, facing south for traffic turning east or west onto Heather Glen Circle or continuing north on Greenhill Trail. 123. Northwest corner of the intersection of southbound Greenhill Trail and westbound Heather Glen Circle, facing north for traffic turning east or west onto Heather Glen Circle or continuing south on Greenhill Trail. 124. Southeast corner of the intersection of northbound Greenhill Trail and Heatherstone Court, facing south for traffic turning east or west onto Heatherstone Court. 125. Northwest corner of the intersection of southbound Heather Glen Circle and westbound Hunters Ridge Lane, facing north for traffic turning east or west onto Hunters Ridge Lane 126. Northeast corner of the intersection of westbound Plaza Drive and northbound Trophy Wood Drive, facing east for traffic turning north or south on Trophy Wood Drive or continuing west on Plaza Drive 127. Southwest corner of the intersection of eastbound Plaza Drive and southbound Trophy Wood Drive, facing west for traffic turning north or south on Trophy Wood Drive or continuing east Chapter 10 – Public Safety on Plaza Drive. 128. Northeast corner of the intersection of northbound Trophy Branch and eastbound Plaza Drive, facing south for traffic turning east or west on Plaza Drive. 129. Southeast corner of the intersection of Plaza Drive and T.W. King Road, facing west for traffic turning north or south on T.W. King Road. 130. Southwest corner of the intersection of Trophy Wood Drive and State Highway 114 Service Road, facing north for traffic turning west onto State Highway 114 Service Road. C. U-Turns 1. Prohibited a. It shall be unlawful for the driver of any vehicle to turn such vehicle so as to proceed in the opposite direction or to make a one hundred eighty (180) degree turn (U-Turn) on any street posted by the Town with a sign or signs indicating that such a movement is prohibited. U-Turns shall be permitted at locations where no sign or state law prohibits such turn. b. It shall be unlawful for the driver of any vehicle to make a U-Turn unsafely, or by backing or when such turn causes interference with other traffic. 2. Location a. U-Turn signs shall be erected at the following locations and such locations are hereby designated as prohibited U-Turn locations. The prohibited locations of U-Turns shall be as follows: i. The south end of the median abutting the State Highway 114 service road and west of 353 Trophy Lake Drive. This prohibition applies only to traffic north bound. D. Stoplights Stoplights shall be erected at the following intersections and such intersections are hereby designated as stop intersections. An operator of a vehicle facing only a steady red signal shall stop at a clearly marked stop line. In the absence of a stop line, the operator shall stop before entering the crosswalk on the near side of the intersection, except when directed to proceed by a police officer or traffic control signal. The stop light intersections and locations of stoplights shall be as follows: 1. At the intersection of Trophy Club Drive and State Highway 114. 2. At the intersection of Trophy Lake Drive and State Highway 114. E. Compliance The driver of any vehicle shall obey the instructions of any official traffic control device, sign, signal or marking applicable thereto placed in accordance with this Article or other traffic Codes of the Town, unless otherwise directed by a police officer, subject to the exceptions herein granted the driver of an authorized emergency vehicle. Chapter 10 – Public Safety F. Exceptions As To Authorized Emergency Vehicles 1. The driver of an authorized emergency vehicle, as the term “authorized emergency vehicle” is defined by §541.201, TEX. TRANSP. CODE (Vernon 1998), when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privilege set forth in this section, but subject to the conditions herein stated and subject to other applicable Codes of the Town. 2. The driver of an authorized emergency vehicle may: a. Park or stand, irrespective of the provisions of this or any other Codes of the Town; b. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; c. Exceed the prima facie speed limits so long as he does not endanger life or property; and d. Disregard regulations governing direction of movement or turning in specified directions. 3. The exemption herein granted to an authorized emergency vehicle shall apply only when the driver of any such vehicle in motion sounds an audible signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of at least five hundred feet (500’) to the front of such vehicle, except that an authorized vehicle operated as a police vehicle need not be equipped with or display a red light from in front of the vehicle. G. Display of Unauthorized Device 1. No person shall place, maintain, or display upon or in view of any highway, street or alley any unauthorized sign, signal, marking, or device, whether one or more which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal. 2. No person shall place or maintain nor shall any public authority permit upon any highway, street or alley any traffic sign or signal bearing thereon any commercial advertising. 3. This subsection (F) shall not be deemed to prohibit the erection upon private property adjacent to highways, streets or alleys of signs giving useful directional information and of a type that cannot be mistaken for official signs. 4. Every such prohibited sign, signal or marking is hereby declared to be a public nuisance, and the Chief of Police or his authorized representative is hereby empowered to remove the same or cause it to be moved without notice. H. Interference No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down or remove any official traffic control device, sign or signal or any railroad sign or signal or any Chapter 10 – Public Safety inscription, shield, or insignia thereon, or any part thereof. I. Manual Operation by School Crossing Guard 1. The school crossing guards officially designated by the Chief of Police are hereby invested with the authority to manually operate traffic control signals, pursuant to §542.202, TEX. TRANSP. CODE ANN. (Vernon 1998), by which traffic is alternately directed to stop and permitted to proceed. 2. Pursuant to §542.501, TEX. TRANSP. CODE ANN. (Vernon 1998), it shall be unlawful for any person to willfully fail or refuse to comply with a traffic-control signal operated by a school crossing guard. J. Installation and Maintenance Generally The Chief of Police, or a person under the direct supervision and authority of the Chief of Police, shall place and maintain traffic control signs, signals and devices when and as required under this Article or other traffic Codes of this Town to make effective the provision of this Article or other Codes, and may place and maintain such additional traffic control devices as he may deem necessary to regulate traffic under this Article or other traffic Codes of this Town or under state law, or to guide or warn traffic. K. Same Evidence of Authority It being unlawful for any person other than the Chief of Police, or a person acting under his supervision and control and pursuant to any Code of the Town, to install or cause to be installed any signal, sign or device purporting to direct the use of the streets or the activities on those streets of pedestrians, vehicles, motor vehicles, or animals, proof, in any prosecution for a violation of this Article or any traffic Code of the Town, that any traffic control device, sign signal or marking was actually in place on any street shall constitute prima facie evidence that the same was installed by the Chief of Police or under his authority and supervision pursuant to the authority of this Article or of another Code directing the installation of such device, signal or marking. L. Emergency Signs Two emergency signs shall be located on Trophy Club Drive. The sign for northbound traffic shall be located 242 feet south of the intersection of Trophy Club Drive and Municipal Drive on the east side of Trophy Club Drive. The sign for southbound traffic shall be located 343 feet north of the intersection of Trophy Club Drive and Municipal Drive in the center median of Trophy Club Drive. (Ord. No.2004-09, § IV, 1-5-04 Repealed by Ord. No. 2005-26, § IV, 10-3-05) Chapter 10 – Public Safety Section 2.04 Impairing Visibility A. Prohibition No object or combination of objects, including but not limited to any structure, fence, wall, screen, hedge, tree, bush, shrub, billboard or mound of earth, terrace, bank or barrier shall be erected, placed, planted or maintained on any corner lot in such a manner as to create a traffic hazard by obstructing the view of the drivers of motor vehicles using the streets adjacent thereto. B. Exceptions Natural existing terrain which cannot be removed by reasonable landscaping techniques, including retaining walls constructed below or at the same grade line of such natural existing terrain, shall be excluded from the objects otherwise prohibited as stated within Section 2.04 (A). C. Presumption An object, or combination of objects, erected, placed, planted or maintained on a corner lot or parkway adjacent thereto so as to interfere with the visual line of sight at an elevation between two and one-half feet (2½’) above the top of the adjacent roadway curb and eight feet (8’) above the top of the adjacent street curb, or if there is no curb then from the average street grade, within a triangular area formed by the intersection of the adjacent street curb lines and a point on each such right-of-way line thirty-five feet (35’) from the intersection, shall be prima facie evidence that said object, or combination of objects, so erected, placed, planted or maintained is an obstruction constituting a traffic hazard. D. Removal Any object, or combination of objects, place, erected, planted or maintained in violation of this Article, shall be removed within ten (10) days of receipt of written notice by certified mail from the Chief of Police or his representative, to the owner, agent or occupant of the premises where such obstruction has been erected, placed, planted or maintained. (Ord. No. 2004-09, § V, 2-16-04 Repealed by Ord. No. 2005-26, § V, 10-3-05) Chapter 10 – Public Safety Section 2.05 Parking A. Definitions: For purposes of this Section 2.05, the terms below shall mean as follows: Approved Paved Surface: A surface on which off street parking is permitted as authorized by and set forth in the Town Comprehensive Zoning Ordinance and other applicable Codes of the Town. Recreational Vehicle: Self-propelled living quarters equipped or used for sleeping and eating which may be moved from one location to another over a public street. “Stand’ or “Park: The halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. B. Parking of Vehicles Prohibited It shall be unlawful for any person to leave, park or stand a motor vehicle, mobile home, motor home, recreational vehicle, trailer or boat upon the following portions of the specified public streets located within the Town: 1. Indian Creek Drive between its intersection with Trophy Club Drive and Heritage Court; 2. Along the south bound and west bound lanes of Indian Creek Drive between Timberline Drive and Hillcrest Court; 3. Trophy Club Drive between its intersection with State Highway 114 and Avenue Twenty; provided, however, that there shall be excluded from this portion of the public street that area which lies between median number two and median number three along Trophy Club Drive and adjacent to the Town information/map sign (the said area being located approximately one-fourth (¼) mile from the intersection of Trophy Club Drive and State Highway 114), and which area is designated and marked by striping or otherwise as a parking area where vehicles may park, stop or stand for no more than five (5) minutes for the purpose of reviewing the said information/map sign; 4. Trophy Lake Drive; 5. Along the south side of the entire length of Fairway Village Drive; and 6. Along the south side of the entire length of Summit Cove Drive. 7. Along the East Side of Parkview Drive from Durango Drive to Marshall Creek Road between the hours of 7:00 A.M. and 9:00 A.M. and between the hours of 2:30 P.M. and 4:30 P.M. on school days. C. Parking on Unapproved Surfaces A person commits an offense if he stops, stands or parks a motor vehicle on a lot, unless the vehicle is on an approved paved surface. D. Exception for Emergency Vehicles Chapter 10 – Public Safety All emergency vehicles shall be exempt from the restrictions as set forth in subsection (B) and (C) hereof. Emergency vehicles shall include ambulances, fire trucks and equipment, police vehicles and all governmental vehicles used for necessary governmental purposes. E. Overnight Parking 1. Prohibition It shall be unlawful for any person to stand or park any motor vehicle, trailer, mobile home, motor home or boat along or upon any public highway, street, alley or other public right-of-way located within the Town between the hours of 3:00 a.m. and 5:00 a.m. each day. This prohibition shall not be applicable to any motor vehicle which is being used for emergency purposes, to the operation of any motor vehicle being used by a utility company for repair purposes, or to any governmental vehicle being used for necessary governmental purposes. 2. Authority To Park With Permit; Out of Town Guests Any person who desires to stand or park a vehicle upon a public highway, street, alley or other public right-of-way between the hours of 3:00 a.m. and 5:00 a.m. may purchase a permit authorizing the same from the Permit Department, provided there are four (4) or more vehicles in the household of the person requesting the permit. One permit shall be issued for each vehicle for which a permit is requested, which permit shall be permanently affixed to the left side of the back (rear) window so that it is plainly visible to a person standing outside of the vehicle, or if there is no back (rear) window, in a place where the said permit is plainly visible. Each permit shall be a non-transferable permit issued to the individual who owns the vehicle that will be parked on the public highway, street, alley or other public right-of-way. The permit shall remain in effect until the vehicle is sold or otherwise transferred to a third party. At the time of sale or transfer of the vehicle, such permit shall be void. A fee of fifty dollars ($50.00) per vehicle shall be charged for the issuance of a permit. It shall not be a violation of this Article for a nonresident of the Town, while visiting a resident of the Town, to park or stand a vehicle owned or controlled by the non-resident on a public street, highway or other public right-of-way between the hours of 3:00 a.m. and 5:00 a.m., provided that notice of such parking or standing is given to the Chief of Police or the Permit Department by no later than 5:00 p.m. of the immediately previous day. Such parking or standing shall not exceed seven (7) consecutive days nor a total of fourteen (14) days in any one calendar month. Any vehicle parked as permitted by this section shall be parked directly in front of the residence being visited in such a manner as not to obstruct access to the private driveways of neighboring residents. F. Presumption It is presumed that the registered owner of an unattended or unoccupied vehicle parked, stopped or standing in violation of this Article illegally parked such vehicle. The records of the State Highway Department or the County Highway License Department showing the name of the person to whom the State highway license was issued is prima facie evidence of ownership by the named individual. G. Parking For Handicapped Persons Chapter 10 – Public Safety 1. The Town of Trophy Club or any private property owner within the Town, who voluntarily designates a parking space or area specifically for a person who is disabled by reason of mobility problems that substantially impairs the person’s ability to ambulate or who is legally blind, must post a sign that conforms to the design established and approved by the State Department of Highways and Public Transportation and the space or spaces provided must conform to the width requirements set by the Department. 2. Any vehicle displaying a symbol, table, or other device authorized by the State Department of Highways and Public Transportation and issued to the operator thereof for use in transporting a disabled person, when operated by or for the transportation of such disabled person, shall be allowed to park for unlimited periods in any parking space or parking area designated specifically for the physically handicapped. Such vehicle, being properly marked as provided by such statute, is exempt from the payment of fees or penalties imposed by any Code of the City for parking at a meter or in a space with a limitation on the length of time for parking, unless the vehicle was not parked at the time by or for the transportation of a disabled person. This exemption does not apply to fees or penalties imposed by a branch of the Unites States Government. This section does not permit parking a vehicle at a place or time that parking is prohibited. 3. A person commits an offense if the person is neither temporarily or permanently disabled nor transporting a temporarily or permanently disabled person and parks a vehicle with such special device or displaying a temporarily disabled person identification card in any parking space or parking area designated specifically for the disabled. A person commits an offense if the person parks a vehicle neither displaying the special device nor displaying a temporarily disabled person identification card in a parking space or parking area designated specifically for the disabled. An offense under this section is punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00). H. Parking Prohibited in Specific Places Except where necessary to avoid conflict with other traffic, or in compliance with law or the direction of a police officer or official traffic control device, no person shall stop, stand or park a vehicle: 1. Between a safety zone or fire lane and the adjacent curb or within thirty feet (30’) of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings. 2. Adjacent to a fire hydrant within ten feet (10’) of points on the curb directly adjacent to a fire hydrant, unless a different length is indicated by signs or markings. (Ord. No. 2004-09, § VI, 2-16-04 Repealed by Ord. No. 2005-26, § VI, 10-3-05)) Code of Ordinances Cross Reference: (Parking Permit Fees) Chapter 1, § 8.11; Chapter 10 – Public Safety Section 2.06 Overweight Vehicles A. Weights and Loads of Vehicles; Special Permits 1. Prohibition Except as otherwise provided by law, no person may drive, operate, or move, nor may the owner cause or permit to be driven, operated or moved, on any street, any vehicle or vehicles of a weight exceeding the limitations stated in this Section, or transport thereon any load or loads exceeding the weight prescribed in this Section. 2. Permit Fee The Town Council may issue permits limited to periods of ten (10) days or less for the transportation over Town streets of overweight commodities which cannot be reasonably dismantled or for the operation over the Town streets of super-heavy equipment for the transportation of overweight commodities which cannot be reasonably dismantled. A permit fee of fifty dollars ($50.00) shall be charged for each vehicle transporting over Town streets overweight commodities which cannot be reasonably dismantled or for the operation over Town streets of super-heavy equipment for the transportation of overweight commodities which cannot be reasonably dismantled. The owner or operator of such vehicles may apply to the Permit Department for said permit. Each permit shall contain the name of the owner or operator of the vehicle, the weight which the vehicle is carrying, the vehicle identification number, and any other information deemed necessary by the Town Council. The Town Council shall designate the route within the Town to be used by said vehicles operating over the Town streets. B. Weight of Load 1. Except as otherwise provided by law, no commercial motor vehicle, truck-tractor, trailer or semi-trailer, nor combination of such vehicles shall be operated over, on or upon Town streets, having a weight in excess of one or more of the following limitations: a. No such vehicle nor combination of vehicles shall have a greater weight than twenty thousand (20,000) pounds carried on any one axle, including all enforcement tolerances; or with a tandem axle weight in excess of thirty-four thousand (34,000) pounds, including all enforcement tolerances; or with an overall gross weight on a group of two or more consecutive axles produced by application of the following formula: W=500((LN/(N-1)) + 12 + 36 Where W = overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds, L = distance in feet between the extreme of any group of two or more consecutive axles, and N = number of axles in group under consideration, except that two consecutive sets of tandem axles may carry a gross load or 34,000 pounds each providing the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six (36) feet or more; provided that such overall gross weight may not exceed eighty thousand (80,000) pounds, including all enforcement tolerances. b. No such vehicle nor combination of vehicles shall have a greater weight than six hundred (600) pounds per inch width of tire upon any wheel concentrated upon the Chapter 10 – Public Safety surface of the Town street and using high-pressure tires, and a greater weight than six hundred and fifty (650) pounds per inch width of tire upon any wheel concentrated upon the surface of the highway and using low-pressure tires, and no wheel shall carry a load in excess of eight thousand (8,000) pounds on high-pressure tires and ten thousand (10,000) pounds on low-pressure tires, nor any axle a load in excess of sixteen thousand (16,000) pounds on high-pressure tires, and twenty thousand (20,000) pounds on low-pressure tires. c. In this subsection, an axle load is defined as the total load transmitted to the road by all wheels whose centers may be included between two (2) parallel transverse vertical planes forty inches (40”) apart, extending across the full width of the vehicle. Tandem axle group is defined as two (2) or more axles spaced forty inches (40”) or more apart from center to center having at least one (1) common point of weight suspension. 2. No person shall load, or cause to be loaded, a vehicle for operation on the Town streets with the intent to violate the weight limitations in subsection 2.06(B)(1) of this Section. Intent to violate those limitations is presumed if the loaded vehicle exceeds the applicable gross vehicular weight limit by fifteen percent (15%) or more. This subsection 2.06(B)(2) does not apply to the loading or causing to be loaded of an agricultural or a forestry commodity prior to the processing of the commodity. 3. The load limits established by this subsection B. shall be posted by appropriate signs within the Town by the Chief of Police or his designated representative prior to the enforcement of any of the provision hereof. C. Application For Registration To Show Weight And Maximum Load; License Receipt; Penalty For Violation When any person, firm or corporation desires to operate over any Town street any vehicle that cannot comply with one or more of the weight restrictions contained in this Section 2.06, the Permit Department may, as an alternative to any other procedure authorized by law, upon application issue a permit for the movement of such vehicle, when the Permit Department is of the opinion that the same may be moved without material damage to the street or road. Upon application for a permit for any commercial motor vehicle, truck-tractor, trailer or semi-trailer, the applicant shall deliver to the Permit Department an affidavit, duly sworn to before an officer authorized to administer oaths, showing the weight of said vehicle, the maximum load to be transported thereon, and the total gross weight for which said vehicle is to be permitted; which affidavit shall be kept on file by the Permit Department. The permit issued to the applicant shall also show the total gross weight for which said vehicle is registered. A copy of said receipt shall be carried at all times on any such vehicle while the vehicle is upon the Town streets. The copy of the permit above required shall be admissible in evidence in any cause in which the gross registered weight of such vehicle is an issue, and shall be prima facie evidence of the gross weight for which such vehicle is permitted. Such copy of the permit shall be displayed to any officer authorized to enforce this Article, upon request by such officer. The Chief of Police shall formulate rules and regulations regarding issuance of permits including, but not limited to, the forms and procedures to be used in applying for same; whether a particular permit shall be for one trip only, or for a period of time; and such other matters as the Chief of Police may deem necessary to carry out the provisions of the Section. The failure of an owner or his representative to comply with any rule or regulation of the Chief of Police or any condition placed on his permit shall render the permit void and, immediately upon such violation, any further movement over the Town streets of the overweight vehicles shall be in violation of existing laws regulating the weight of vehicles on Town streets. Chapter 10 – Public Safety The movement of such overweight vehicles is a privilege not accorded to every user of the Town streets. Therefore, the fees for a special transportation permit should be sufficient to cover the administrative costs incurred in the processing and issuing of the permit and the additional wear on the Town’s streets. It is also recognized that the use of such overweight vehicles on the Town’s streets may inconvenience other vehicle operators. It is, therefore, declared to be the policy of the Town Council that in formulating such rules and regulations and in establishing such fees, the Town Council shall consider and be guided by: 1. The Town’s investment in its streets; 2. The safety and convenience of the general traveling public; 3. The suitability of roadways and sub-grades on the streets, variation in soil grade and the seasonal effect on street load capacity. D. Liability The issuance of a permit for an overweight movement shall not be a guarantee by the Town that the streets can safely accommodate such movement, and the owner of any vehicle involved in any overweight movement, whether with or without permit, shall be strictly liable for any damage such movement shall cause the streets or any of its structures or appurtenances. E. Motor Vehicle, Solid Waste Transport, Weight Limitations Vehicles used exclusively to transport solid waste (except hazardous waste), as defined in the Solid Waste Disposal Act, §361.003, TEX. HEALTH & SAFETY CODE ANN. (Vernon 1998), may be operated upon the Town streets with a tandem axle gross load not to exceed 44,000 pounds, a single axle gross load not to exceed 20,000 pounds and a gross load for the vehicle not to exceed 64,000 pounds, provided that where the vehicle is to be operated with a tandem axle gross load in excess of 34,000 pounds, the owner, except if the owner is a municipality, of such vehicle shall first file with the State Department of Highways and Transportation a surety bond in the principal sum not to exceed $15,000 for each vehicle, which sum shall be set by the State Department of Highways and Transportation; said bond to be conditioned that the owner of such vehicle will pay to the Town, within the limit of such bond, all damages done to the Town streets by reason of the operation of such vehicle with a tandem axle gross load in excess of 34,000 pounds. F. Weight of Vehicles Transporting Ready-Mix Concrete Vehicles used exclusively to transport ready-mixed concrete, which is hereby defined as a perishable product, may be operated upon the public streets of the Town with a tandem axle load not to exceed 44,000 pounds, a single axle load not to exceed 20,000 pounds and a gross load not to exceed 64,000 pounds, provided that where the vehicle is to be operated with a tandem axle load in excess of 34,000 pounds, the owner of such vehicle shall first file with the Town a surety bond in the principal sum as fixed by the Town, which sum shall not be set at a greater amount than $15,000 for each vehicle, said bond to be conditioned that the owner of such vehicle will pay to the Town of Trophy Club, within the limit of such bond, all damages done to the Town streets by reason of the operation of such vehicle with a tandem axle load in excess of 34,000 pounds; such bond shall be subject to the approval of the Town Council. G. Weighing Loaded Vehicles By Police Officers Chapter 10 – Public Safety Any police officer having reason to believe that the gross weight or axle load of a loaded motor vehicle is unlawful, is authorized to weigh the same by means of portable or stationary scales furnished or approved by the Texas Department of Public Safety, or cause the same to be weighed by any public weigher, and to require that such vehicle be driven to the nearest available scales for the purpose of weighing. In the event the gross weight of such vehicle is found to exceed the maximum gross weight authorized by law, plus a tolerance allowance of five percent (5%) of the gross weight authorized by law, such police officer shall demand and require the operator or owner thereof to rearrange his cargo if possible to bring such vehicle and load within the maximum axle load authorized by law, and if this cannot be done by rearrangement of said cargo, then such portion of the load as may be necessary to decrease the axle load to the maximum authorized by law plus such tolerance allowance shall be unloaded before such vehicle may be operated further over the public roads of the Town. Provided, however, that if such load consists of livestock, then such operator shall be permitted to proceed to destination without being unloaded, provided the destination be within the State of Texas. It is further provided that in the event the gross weight of the vehicle exceeds the permitted gross weight, the police officer shall require the operator or owner thereof to apply to the Permit Department for a permit in an amount that will cause his gross permitted weight to be equal to the gross weight of the vehicle, provided such total permitted weight shall not exceed the legal gross weight allowed for such vehicle, before such operator or owner may proceed. Provided, however, that if such load consists of livestock or perishable merchandise then such operator or owner shall be permitted to proceed with his vehicle to the nearest practical point in the direction of his destination where his load may be protected from damage or destruction in the event he is required to secure an additional permit before being allowed to proceed. It shall be conclusively presumed and deemed prima facie evidence that where an operator or owner is apprehended and found to be carrying a greater gross load than that for which he is permitted, he has been carrying similar loads from the date of purchase of such permit. It is further provided that all forms and accounting procedures necessary to carry out the provisions of this section shall be prescribed by the Town Council. (Ord. No. 2004-09, § VII, 2-16-04 Repealed by Ord. No. 2005-26, § VII, 10-3-05) Code of Ordinances Cross Reference: (Overweight Vehicle Transportation), Chapter 1, § 8.11 Chapter 10 – Public Safety Section 2.07 Penalty It shall be unlawful for any person to violate any provision of this Article, and any person violating or failing to comply with any provision of this Article shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. (Ord. No. 2004-09, § XI, 2-16-04 Repealed by Ord. No. 2005-26, § XI, 10-3-05) Chapter 10 – Public Safety Article III Alarm Systems Section 3.01 Disclaimer The permit requirements and regulations set forth in this Article in no way constitute an endorsement of any business or of the concept of alarm systems as a positive aid to law enforcement, and do not obligate the Town of Trophy Club emergency personnel to respond in any manner to any notification as a result of a summons based on an alarm system. The fact of emergency personnel response(s) to one or more alarm system notifications in no way is to be construed as the policy of the Town of Trophy Club or the intent of this Article. The establishment of such policy by this Article is expressly denied. (Ord. No. 92-16, § II, 5-19-92 Repealed by Ord. No. 92-21, § II, 12-15-92) Chapter 10 – Public Safety Section 3.02 Definitions Alarm System: A device or system that emits, transmits, or relays a signal intended to summon, or that would reasonably be expected to summon, emergency personnel of the Town, including but not limited to, local alarms. Alarm systems does not include: 1. An alarm installed on a motor vehicle; 2. Any device or system designed solely to detect or give notice of fire, smoke or water flow; 3. An alarm system designed solely to alert the occupants of a building or residence which will not emit a signal either audible or visible from outside the building or residence. Alarm Notification: A communication intended to summon emergency personnel, which is designed either to be initiated purposely by the person or by an alarm system that responds to a stimulus characteristic of unauthorized intrusion. Alarm Site: A single premises or location (one street address) served by an alarm system or systems. An alarm site will include a multiunit dwelling where the owner of such dwelling provides or makes available an alarm system for his tenants. For purposes of the issuance of a permit, such multiunit dwelling shall be considered one property requiring only one permit. Alarm System User: A person who owns or controls the premises upon which an alarm system is located. For example, this would include real estate agent acting on behalf of the owner of the premises. Local Alarm: An alarm system that emits a signal at an alarm site that is audible or visible from the exterior of a structure. Chief: The chief of police of the town, or his representative. False Alarm Notification: The activation of an alarm system that results in notification to Town emergency personnel, and response by emergency personnel at a time when the responding personnel find no evidence of unauthorized intrusion, attempted unauthorized intrusion, robbery, attempted robbery, or any other violation that the alarm system was intended to report. Alarm Permit Holder: A person who has received an alarm system permit, as required by this Ordinance. Person: An individual, corporation, partnership association, organization or similar entity. Emergency Personnel: Police personnel or fire personnel in the Town of Trophy Club. (Ord. No. 92-16, § III, 5-19-92 Repealed by Ord. No. 92-21, § III, 12-15-92) Chapter 10 – Public Safety Section 3.03 Permit Required; Application, Issuance A. No person shall operate, cause to be operated, or permit the operation of an alarm system unless a valid permit has been issued by the Town for such system. This requirement is applicable to the person in control of the property which the alarm system is designed to protect. B. An alarm system user or his agent shall obtain a permit for each alarm site. C. Upon receipt of a completed application form, the Town Secretary shall issue an alarm permit to the applicant unless the applicant has failed to pay a service fee assessed under Section 1.14 or has had an alarm permit for the alarm site revoked, and the violation causing the revocation has not been corrected. D. Each permit application must contain the following information: 1. Name, address, and telephone number of the person who will be the permit holder and be responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this Article. 2. The street address of the property on which the alarm system is to be installed and operated; 3. Classification of the alarm site as either residential or commercial; 4. Any business name or title used for the premises on which the alarm system is to be installed and operated; 5. The name of one other person to respond to an alarm in the event the permit holder is unavailable. 6. Any other information required by the law enforcement agency which is necessary for the enforcement of the Article. E. Any false statement of a material matter made by the applicant for the purpose of obtaining an alarm permit shall be sufficient cause for refusal to issue a permit and/or for revocation of a permit already issued. F. A permit holder shall inform the Town of any change that alters any information listed on the permit application within five (5) days of the occurrence of the change. G. All fees owed by an applicant must be paid before a permit may be issued or renewed. H. The fee for a permit issued pursuant to this Code shall be twenty-five dollars ($50.00) for a single- family residences and businesses. I. The fee for a permit issued pursuant to this Code for a multiple-family dwelling when the owner of that dwelling provides or makes available for his tenants alarm systems shall be fifty dollars ($50.00) Chapter 10 – Public Safety plus five dollars ($5.00) per permit term for each unit. (Ord. No. 92-16, § IV, 5-19-92 Repealed by Ord. No. 92-21, § IV, 12-15-92) Cross Reference Code of Ordinances: (Alarm Permit Fees), Chapter 1, § 8.11; Chapter 10, § 3.18 Chapter 10 – Public Safety Section 3.04 Permit Duration and Removal A permit is valid, unless revoked, from the date of issuance. A permit is transferable to a purchaser of property where the alarm system is in place provided there are no modifications made to the alarm system and a new permit fee is paid. (Ord. No. 92-16, § V, 5-19-92 Repealed by Ord. No. 92-21, § V, 12-15-92) Chapter 10 – Public Safety Section 3.05 Proper Alarm System Operation and Maintenance A. A permit holder on alarm system user shall: 1. Maintain the premises containing an alarm system in a manner that ensures proper operation of the alarm system; 2. Maintain the alarm system in a manner that will minimize false alarm notifications; 3. Respond or cause a representative to respond within a reasonable period of time when notified by the Town to repair or inactivate a malfunctioning alarm system, to provide access to the premises or to provide security for the premises. For purposes of this Article, it shall be a rebuttable presumption that more than thirty (30) minutes constitutes an unreasonable period of time to respond; 4. Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report. B. A person in control of an alarm system shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal will sound for no longer than fifteen (15) minutes after being activated. (Ord. No. 92-16, § VI, 5-19-92 Repealed by Ord. No. 92-21, § VI, 12-15-92) Chapter 10 – Public Safety Section 3.06 Manual Reset Required A. A permit holder or person in control of an alarm system which has an automatic resetting device, and which system causes three (3) or more alarms within a twenty-four (24) hour period, shall manually reset the system. (Ord. No. 92-16, § VII, 5-19-92 Repealed by Ord. No. 92-21, § VII, 12-15-92) Chapter 10 – Public Safety Section 3.07 Reporting of Alarm Signals A permit holder or person in control of an alarm system shall not allow signals to be reported through a relaying intermediary that does not comply with the requirements of this Code and any rules and regulations promulgated by the chief, or is not licensed by the Texas Board of Private Investigators and private security agencies. (Ord. No. 92-16, § VIII, 5-19-92 Repealed by Ord. No. 92-21, § VIII, 12-15-92) Chapter 10 – Public Safety Section 3.08 Alarm Reporting A. A person who is engaged in the business of relaying alarm notifications to the Town shall: 1. Make notification by a human operator; and 2. Communicate alarm notifications to the Town in a manner and form designated by the Chief. (Ord. No. 92-16, § IX, 5-19-92 Repealed by Ord. No. 92-21, § IX, 12-15-92) Chapter 10 – Public Safety Section 3.09 Recordkeeping A person engaged in the business of selling, leasing, installing, or otherwise distributing alarm systems shall maintain records at its place of business which will show the names and addresses of persons to who an alarm system was sold, leased, installed or otherwise distributed, as well as the date of such transaction. Said business shall make said records available during regular business hours to the Chief or his designated representative for inspection. The purpose of this Section is to assure that alarm system users are in compliance with this Code, but not to regulate in any manner any person engaged in the alarm business. (Ord. No. 92-16, § X, 5-19-92 Repealed by Ord. No. 92-21, § X, 12-15-92) Chapter 10 – Public Safety Section 3.10 Automatic Dialing Prohibited No person shall operate or cause to be operated any automatic dialing device which, when activated, uses a telephone device or attachment to automatically select a telephone line leading into the police department of the Town and then transmit any prerecorded message or signal. (Ord. No. 92-16, § XI, 5-19-92 Repealed by Ord. No. 92-21, § XI, 12-15-92) Chapter 10 – Public Safety Section 3.11 Alarm System Operating Instructions A permit holder or person in control of an alarm system shall maintain at each alarm site a complete set of written operating instructions for each alarm system. Special codes, combinations, or passwords shall not be included in these instructions. (Ord. No. 92-16, § XII, 5-19-92 Repealed by Ord. No. 92-21, § XII, 12-15-92) Chapter 10 – Public Safety Section 3.12 Alarm Dispatch Records A. Emergency personnel responding to a dispatch resulting from an alarm system notification shall record such information as necessary to permit the Chief to maintain records, including, but not limited to, the following information. 1. Identification of the permit holder; 2. Identification of the alarm site; 3. Time dispatched, arrived, and cleared; 4. Time of day, date; 5. Weather conditions; and 6. Name of permit holder's representative on the premises, if any. B. Responding personnel shall indicate on the dispatch record whether the notification was caused by a false alarm. (Ord. No. 92-16, § XIII, 5-19-92 Repealed by Ord. No. 92-21, § XIII, 12-15-92) Chapter 10 – Public Safety Section 3.13 System Performance Reviews If there is reason to believe that an alarm system is not being used or maintained in the manner that ensures proper operation and suppresses false alarms, the Chief may require a conference with an alarm permit holder and the individual or association responsible for maintenance of the alarm system to review circumstances of each false alarm. Any such conference will be held only after a ten (10) day notice to the permit holder, such notice to be effective on mailing to the permit holder at the address listed on the application. (Ord. No. 92-16, § XIV, 5-19-92 Repealed by Ord. No. 92-21, § XIV, 12-15-92) Chapter 10 – Public Safety Section 3.14 Service Fee; False Alarm Notification A. Except as provided in subsections (B) and (C), the holder of an alarm permit shall pay a service fee of twenty-five dollars ($25.00) for each false alarm notification emitted from an alarm site that is in excess of five (5) false alarms during the twelve (12) months immediately following the date of issuance of the permit and each succeeding twelve (12) months there after. B. The holder of an alarm permit for a multifamily dwelling issued as one protected property shall pay a service fee of twenty-five dollars ($25.00) for each false alarm notification emitted from said alarm site that is in excess of ten (10) false alarms during the twelve (12) months immediately following the date of issuance of the permit and each succeeding twelve (12) months thereafter. C. If a person notifies the Chief and applies for an alarm permit before the installation of a new alarm system, not service fee will be assessed during the first fifteen (15) days after installation, and false alarm notifications during that period will not be counted in determining when a service fee will be assessed. (Ord. No. 92-16, § XV, 5-19-92 Repealed by Ord. No. 92-21, § XV, 12-15-92) Chapter 10 – Public Safety Section 3.15 Revocation of Alarm Permit A. The chief may revoke an alarm permit if he determines that: 1. There is any violation of this Article; 2. There is a false statement of a material matter in the application for a permit; 3. An alarm system other than a multi-family dwelling system has generated in excess of six (6) false alarms during the twelve (12) months immediately following the date of issuance of the permit and each succeeding twelve (12) months thereafter; 4. A multi-family dwelling alarm system has generated in excess of ten (10) false alarm notifications during the twelve (12) months immediately following the date of issuance of the permit an each succeeding twelve (12) months thereafter; 5. The permit holder has failed to make payment of any service fee assessed under Section 3.14 within thirty (30) days of the assessment. 6. Failure to attend the conference provided for in Section 3.13. (Ord. No. 92-16, § XVI, 5-19-92 Repealed by Ord. No. 92-21, § XVI, 12-15-92) Chapter 10 – Public Safety Section 3.16 Appeal of Denial or Revocation of a Permit A. If the Chief refuses to issue or renew a permit, or revokes a permit, she shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of this action and a statement of the right to an appeal. The applicant or permit holder may appeal the decision of the Chief to the Mayor by filing with the mayor a written request for a hearing setting forth the reason for the appeal, within ten (1) days after receipt of the notice of the Chief. The filing of a request for an appeal hearing with the Mayor stays the action of the Chief to the denial of a permit or the revocation of a permit until the Mayor makes a final decision. If a request for an appeal hearing is not made within the ten-day period, the action of the Chief is final. B. The Mayor shall serve as hearing officer at an appeal, and consider evidence by any interested person. The formal rules of evidence do not apply at an appeal hearing; the hearing officer shall make his decision on the basis of a preponderance of the evidence present within the thirty (30) days after the request for an appeal hearing is filed. The hearing officer shall affirm, reverse, or modify the action of the Chief. The decision of the hearing officer is final as to the administrative remedies within the Town. C. In addition to prohibiting or requiring certain conduct of individuals, it is the intent of this Code to hold a corporation, partnership or other association criminally responsible for acts or omissions performed by an agent acting on behalf of the corporation, partnership or other association, within the scope of this employment. (Ord. No. 92-16, § XVII, 5-19-92 Repealed by Ord. No. 92-21, § XVII, 12-15-92) Chapter 10 – Public Safety Section 3.17 Forfeiture of Application Fee Upon Revocation of Permit When the revocation of a permit is final, all permit fees shall be forfeited. (Ord. No. 92-16, § XVIII, 5-19-92 Repealed by Ord. No. 92-21, § XVIII, 12-15-92) Chapter 10 – Public Safety Section 3.18 Reapplication of Permit After Revocation A. Should an alarm system user or his agent, after final permit revocation, desire to reapply for a permit, he shall be required to submit a new permit application, including required permit fees. B. The applicant shall also submit satisfactory proof of compliance with the Code. (Ord. No. 92-16, § XIX, 5-19-92 Repealed by Ord. No. 92-21, § XIX, 12-15-92) Code of Ordinances Cross Reference: (Permit Fees), Chapter 10, § 3.03 & Chapter 1, § 8.11 Chapter 10 – Public Safety Section 3.19 Exemption of Certain Government Bodies The United States government, the State of Texas, the Town or any county government or school district situated within the corporate limits of the Town shall comply with the requirements of this Code, provided, however, that they shall be exempt from the payment of any fees. (Ord. No. 92-16, § XIX, 5-19-92 Repealed by Ord. No. 92-21, § XIX, 12-15-92) Chapter 10 – Public Safety Section 3.20 Penalties A. It shall be unlawful to operate an alarm system during the period in which an alarm permit is under revocation. Each day of such operation shall constitute a separate offense. B. It shall be unlawful for any person to operate an alarm system without a permit or in violation of any provision of Section 3.03 or for a violation of Section 3.14(A)&(B). Each day of such operation shall constitute a separate offense. C. Any person in violation of subsection A or B. of this Section shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. (Ord. No. 92-16, § XXIII, 5-19-92 Repealed by Ord. No. 92-21, § XXIII, 12-15-92) Chapter 10 – Public Safety Article IV Peddlers and Solicitors Section 4.01 Definitions In this Codee: Actively Supervised: Means a supervisor shall be within one hundred feet (100’) of all children ten (10) years of age or less for whom the supervisor is responsible at all times when said children are engaged in soliciting. Agent: Means any person contracting with the holder of a permit, secured pursuant to the terms of this Article to advertise, distribute or sell products under said permit. Charitable Solicitations Campaign: Means any course of conduct whereby any person, organization, society, association, corporation or any agent, member or representative thereof shall solicit property or financial assistance of any kind, or sell or offer to sell any article, tag, service, emblem, publication, ticket, advertisement, subscription or anything of value on the plea or advertisement, subscription or anything of value on the plea or representation that such sale or solicitation or the proceeds therefrom are for a charitable, educational, patriotic or philanthropic purpose. Goods or Merchandise: Means and shall be construed to mean any personal property of any nature whatsoever except printed material. Itinerant Vendor: Means a person who engages in a business of selling goods or services from any structure or vehicle which is not affixed to the ground, or from no structure or vehicle. Mobile Food Unit: Means a vehicle from which food is distributed or served to an ultimate customer. Person: Means an individual, corporation, association, church, organization, society or any other legal entity. Public Property: Means any property open or devoted to public use or owned by the Town, including, but not limited to, sidewalks, streets, parkways, medians, right-of-way easements and parks. Religious Solicitation and Solicitations For a Religious Purpose: Means and include any course of conduct whereby any person, organization, society, association or corporation, or any agent, member or representative thereof, solicits property or financial assistance of any kind or sells or offers for sale any article, tag, service, emblem, publication, ticket, advertisement, subscription or anything of value on the plea or presentation that such sale or solicitation or the proceeds thereform are for a religious purpose, on the streets, in any office building or any other public or private place, or by house-to-house canvassing. Shoulder: Means the unpaved section of highway, road, or street in Trophy Club which is located in the public right-of-way and abuts the paved section of the highway, road or street and extends to the outside boundaries of the right-of-way. Solicit: Means selling or attempting to sell goods or merchandise, services or anything of value, or to take or attempt to take orders for the future delivery of goods or merchandise, or anything of value, or take or attempt to take orders for services to be furnished or performed in the future when the solicitation occurs upon the premises of another or upon any public property. Chapter 10 – Public Safety Solicitation: Means the practice, act or instance of soliciting. Solicitor: Means all persons, as well as their agents and employees, who solicit. Vehicle: Means every devise in, upon, or by which a person or property may be transported or drawn upon a street or sidewalk, including but not limited to motor vehicles, carts, wagons, cars, trucks and vans. Ord. No. 86-12, § II, 4-14-86 Repealed by Ord. No. 92-22, § II, 12-15-92 Chapter 10 – Public Safety Section 4.02 Commercial Solicitation A. Permit Required It shall be unlawful for a person to solicit in person in the town without first having a written permit therefore. B. Affirmative Defenses to Permit Requirement The following shall be affirmative defenses to prosecution under Section 4.02(B) of this Code. 1. That the solicitation is for a charitable, educational, patriotic or philanthropic or religious purpose. 2. That the solicitor is on the property by express invitation of the person residing on or controlling such premises. 3. That the solicitor is a wholesale agent or factory representative who sells or exhibits for sale goods, wares or merchandise and was soliciting a person or persons engaged in the business of buying, selling and dealing in the same type of goods or merchandise. 4. That the solicitor was operating under a license granted by a state agency or the Town of Trophy Club authorizing the sale of property or services which the solicitor wishes to sell in the Town of Trophy Club. 5. That the person was soliciting newspaper sales or sales of other printed matter. 6. That the solicitation takes place upon the premises owned, leased or controlled by the solicitor or by his empower. C. Application For Permit 1. Any person and any agent of any person desiring to solicit within the Town shall file a written application for a permit to do so with the Town Secretary, which application shall show: a. The name and address of the applicant; if the applicant is an association, company or corporation, then it shall state its name along with the names of the persons who will be soliciting in the Town; b. The name and address of the employer or firm which such applicant represents; c. If the applicant is a corporation, or if the individual is employed by a corporation, the date and place of incorporation; d. The names of other communities in which the applicant has worked as a solicitor in the past twelve (12) months; and if he was employed by a different company in the other communities; the names of those companies shall also be stated; e. The nature of merchandise to be sold or offered for sale or the nature of the services to be furnished; f. Whether such applicant upon such order so obtained will demand, accept or receive payment or deposit of money in advance of final delivery; Chapter 10 – Public Safety g. The period of time such applicant so wishes to solicit, sell or take orders in the Town; h. An outline of the method or methods to be used in conducting the solicitations; i. A physical description of the applicant which includes race, sex, height, weight, hair and eye color, date of birth, driver's license number and the name of the state issuing the driver's licenses; and j. Whether the applicant or any agent of the applicant has been convicted within the last five (5) years of murder, burglary, theft, fraud, robbery, rape, or any drug-related felony. 2. Such application shall also show satisfactory proof of the applicant's authority to represent the company or individual such applicant states that he represents, and it shall be in writing. 3. This application shall be accompanied by a Ten Dollar ($25.00) fee and no permit hereunder shall be issued until such fee has been paid by the applicant. 4. A permit requested under this Section shall be issued for the length of time requested, not to exceed twelve (12) months. Upon expiration of one permit, the solicitor may apply for a new permit in the same manner prescribed by this section for a new permit. 5. The Town Secretary shall refer the application to the police department for the purpose of determining whether or not the applicant or any of the applicant's agents have been convicted within the last five (5) years of murder, burglary, fraud, theft, robbery, rape or any drug-related felony. D. Issuance of Permits; Bond Required 1. Where the applicant for a permit to solicit within the Town shows that the applicant will not demand, receive or accept payment and/or deposit of money in advance of final delivery of such goods, merchandise or services to be sold and/or solicited by such applicant, it shall be the duty of the Town Secretary to issue to such applicant a permit to solicit, sell and take orders for such goods, merchandise, and/or services set out in such applicant's application within five (5) working days (Monday through and including Friday) of the completion of the application and upon the payment of the Ten dollar ($10.00) fee unless it has been determined that the application contains false information or the person has been convicted within the last five (5) years of murder, theft, fraud, burglary, robbery, rape or a drug-related felony. 2. If the application for such permit shows that such application shall receive, demand or accept payment and/or deposit of money in advance of final delivery of goods, merchandise, services or anything of value sold, then such application shall be accompanied by a bond in the penal sum of One Thousand Dollars ($1,000.00) for an individual permit executed by such applicant as principal and a surety company licensed to do business as such in Texas. Such bond is to be conditioned upon making final delivery of such goods, merchandise, services, or anything of value in accordance with the terms of such order and/or orders obtained and which bond shall be used for the benefit of all persons, firms or corporations who may pay in advance or make any advance deposit on the purchase of said orders and said bond shall stipulate in its terms. 3. If the application contains false information or the person has been convicted within the last five (5) years of murder, theft, fraud, burglary, robbery, rape or drug-related felony, the Town Secretary shall not issue the permit. Chapter 10 – Public Safety E. Permit Card 1. Along with every individual permit issued under the provisions of this Article, the permittee shall be issued a card which shall be wallet size and contain the following information. Name of permittee, permit number, date of expiration of permit and the signature of the Town Secretary. Such card shall be stamped with the seal of the office of town Secretary on the face thereof. 2. It shall be unlawful for any person soliciting in the Town without having the required permit card on his person. 3. It shall be unlawful for any person soliciting to fail or refuse to show or display such permit card upon the request of any person demanding the same. F. Appeal From Denial or Revocation of Permit Should an applicant be denied a permit, or have a permit revoked, he may appeal that action to the Town Council by submitting a letter to the Town Secretary's office within ten (10) days of the action complained of. A hearing on the denial will then be scheduled for the next regular meeting of the Council. The Council will render a decision on the appeal within ten (10) days of said hearing. G. Prohibited Conduct It shall be unlawful for a person engaged in solicitation to: 1. Misrepresent the purpose of the solicitation; 2. Misrepresent the affiliation of those engaged in the solicitation; 3. Continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to give anything to or buy anything from that solicitor; 4. Represent the issuance of any permit or registration under this Article as an endorsement or recommendation of the solicitation; 5. Go on property upon which the owner of the property or the person controlling the property has posted signs prohibited solicitation; or 6. Remain on property after the owner of the property or person controlling the property has instructed the solicitor to leave. H. Sale of Fresh or Frozen Meats and Seafood Prohibited on Public Property. It shall be unlawful for any person to peddle, solicit, sell, offer for sale or exhibit for sale fresh or frozen meats or frozen seafood upon any public property within the Town. I. Sale of Fresh or Frozen Meats or Seafood by Itinerant Vendors Prohibited. 1. It shall be unlawful for any itinerant vendor to peddle, solicit, sell, offer for sale or exhibit for sale fresh or frozen meats or seafood within the limits of the Town of Trophy Club. Chapter 10 – Public Safety 2. It shall be an affirmative defense to Section 4.02(H) if the solicitor is a wholesale agent, factory representative or other person who sells or exhibits for sale fresh or frozen meats or seafood and was soliciting persons engaged in the business of buying and selling fresh or frozen meats and said solicitation does not occur on public property. J. Unlawful to Solicit Occupants of Vehicles on Paved Surface or Shoulder of Public Streets. 1. It shall be unlawful for any person to solicit the occupant of any vehicle located upon the paved surface or shoulder of any public street, highway or road within the Town. 2. It shall be an affirmative defense to prosecution under Section 4.02(I)(1). if the solicitation was for the sale of newspapers or publications or other printed material which deal with the dissemination of information or opinion; however, this defense is not available if said solicitation occurred upon the paved surface or shoulder of those major thoroughfares listed in Section 4.02(M). K. Unlawful to Solicit or to Erect Structures on Public Property. 1. It shall be unlawful for any person to occupy any public property in the Town, including but not limited to public right-of-way, public street median or public sidewalk, for the purpose of soliciting. 2. It is an affirmative defense to prosecution under this Section if a person engaged in soliciting: a. Possesses a contract with the town to operate a concession on designated areas of public property; or b. Possesses a vendor's permit for prepared frozen dairy food products or frozen desserts to be sold from a mobile food unit on the streets and which unit remains in the same place no more than five (5) minutes and then moves on to a new location after each sale; however, this defense is not applicable to the sale of prepared frozen dairy food products and frozen deserts to be sold from a mobile food unit or otherwise upon the major thoroughfares listed in Section 1.02(M); or c. Is selling, distributing or offering for sale only printed matter on streets, sidewalks or rights-of-way other than those major thoroughfares listed in Section 4.02(M); or d. Is operating a vehicle for hire pursuant to a franchise, license, or permit of the Town of Trophy Club or State of Texas; or e. Has been granted permission by agreement approved by the Town Council. 3. It shall be unlawful for any person to erect, construct, build, place or maintain any booth, stand or other structure, or vehicle, either permanent or temporary upon any public property, including, but not limited to, public right-of-way, public street, median, or public sidewalk with the intent of soliciting from such structure or vehicle. It shall be an affirmative defense to prosecution under this Section if: a. The coin-operated newspaper vending machine is located upon public sidewalks and does not create a hazard to pedestrians or vehicular traffic; or b. The person possesses a contract with the Town to operate a concession on designated areas of public property; or Chapter 10 – Public Safety c. The person has been authorized to do so at a special event by the Town Council; or d. The person possesses a vendor's permit for prepared frozen dairy food products or frozen desserts to be sold from a mobile food unit on the streets and which unit remains in the same place no more than five (5) minutes and then moves on to a new location after each sale; however, this defense is not applicable to the sale of prepared frozen dairy food products or frozen desserts to be sold from a mobile food unit or otherwise upon those major thoroughfares listed in Section 4.02(M). L. Newspaper and Publication Sales It shall be unlawful for any person to sell or offer for sale or to give newspapers or publications to any occupant of any vehicle which is located in a traffic lane or shoulder of any of the major thoroughfares set forth in Section 4.02(M). M. Major Thoroughfares The rights-of-way, highways, roads and streets and the intersections where other rights-of-way, highways, roads and streets intersect the rights of way, highways, roads and streets enumerated in the Town’s Comprehensive Land Use Plan are declared to be major thoroughfares within the limits of the Town of Trophy Club for purposes of this Section. (Ord. No. 86-12, § III, 4-14-86 Repealed by Ord. No. 92-22, § III, 12-15-92) Code of Ordinances Cross Reference: (Soliciting Permit Fee), Chapter 1, § 8.11 Chapter 10 – Public Safety Section 4.03 Charitable Solicitations A. Permit Required; Exceptions 1. It shall be unlawful to conduct any charitable solicitation campaign in any office building, or any public or private place or by house-to-house canvass, unless the person, organization, society, association or corporation conducting same and responsible therefore shall first have obtained a permit in compliance with the terms of this Section. 2. Affirmative Defenses The permit requirement of this section shall not apply to: a. Any organization which solicits funds solely from its own members or from its own assemblies; not using public streets or public places for such purposes; b. Any public or private school located in Trophy Club which controls the solicitation of funds by parent-teacher association organizations and the solicitation of funds by other activity groups which may be sponsored by the public school or by an association or club whose primary purpose is to sponsor certain student and parent activities for the benefit of such association, club or activity; c. Any solicitation for the benefit of an individual or family that has suffered a personal tragedy resulting from personal injury, illness or the loss of housing; and d. Any solicitations campaign conducted through the use of television or radio as to those activities directly related to the use of television or radio. B. Same -- Application; Information to be Contained 1. A permit to conduct a charitable solicitations campaign on the streets or in any public place or by house-to-house canvass in the Town shall be granted upon application of such permit filed in duplicate with the Town Secretary's office not less than five (5) working days (Monday through and including Friday) prior to the initiation of the proposed charitable solicitations campaign. If the application is mailed to the Town Secretary's office, it must be received five (5) working days (Monday through and including Friday) prior to initiation of the proposed campaign. Such application shall be sworn to by the applicant and shall contain at least the following information. a. The full name of the organization applying for a permit to solicit and the address of the headquarters in the Town; if the organization is a chapter or other affiliate of an organization having its principal office outside the Town; the name and address of the parent organization. b. The names and addresses of all officers and directors or trustees of the organization and the name and city of residence of all officers, directors or trustees of the parent organization, if any. c. The purpose or purposes for which the gross receipts derived from such solicitations or other activities are to be used. d. The name of the person or persons by whom the receipts of such solicitation shall be disbursed; if the receipts are transmitted to a parent organization for further Chapter 10 – Public Safety disbursement, detailed information on the methods of handling and disbursement of all funds and a detailed and complete financial statement of the parent organization for the last preceding fiscal year. e. The name and address of the person or persons who will be in charge of conducting the charitable solicitations campaign and the names of the persons who shall actually solicit contributions. f. A physical description of the applicant which includes race, sex, height, weight, hair and eye color, date of birth, driver's license number and the name of the state issuing the driver's license. g. Whether the applicant or any agent of the applicant has been convicted within the last five (5) years of murder, burglary, theft, fraud, robbery, rape, or any drug-related felony. h. An outline of the method or methods to be used in conducting the charitable solicitations campaign. i. The period within which such charitable solicitations campaign shall be conducted, including the proposed dates for the beginning and ending of such campaign. j. The total amount of funds proposed to be raised. k. The amount of all salaries, wages, fees, commissions, expenses and costs to be expended or paid to anyone in connection with such campaign, together with the manner in which such wages, fees, commissions, expenses and costs are to be expended, and the maximum percentage funds collected which are to be used to pay such expenses of solicitation and collection. l. A full statement of the character and extent of the charitable, educational, patriotic or philanthropic work done by the applicant within the Town during the last preceding year. m. If the applicant is a charitable corporation or other organization to which contributions are tax deductible for federal income tax purposes. 2. A fee of ten dollars ($10.00) must be submitted with the application unless the applicant can prove indigency or inability to pay, in which case arrangements may be made to pay the requisite fee in installations. 3. The Town Secretary shall refer the application to the police department for the purpose of determining whether or not the applicant or any of the applicant's agents have been convicted within the last five (5) years of murder, burglary, fraud, theft, robbery, rape or any drug-related felony.' C. Issuance of Permit Upon receipt of a proper application, the Town Secretary shall issue a permit unless she determines that: 1. One or more of the statements made in the application are not true; 2. The applicant or person in charge of the charitable solicitations campaign has made or caused to be made false statements or misrepresentations to any member of the public with regard to the charitable solicitations campaign or other activities described in the permit, or has made or caused to be made false statements or misrepresentations in the application, or has in any Chapter 10 – Public Safety way publicly represented that the permit granted hereunder is an endorsement or recommendation of the cause for which the charitable solicitations campaign is being conducted or has otherwise violated any of the terms of the permit or this Article; or 3. The applicant or person or persons who are actually to solicit contributions have been convicted of murder, burglary, fraud, robbery, theft, rape or a drug-related felony within the last five years preceding the filing of the application. D. Duration of Permit A permit issued under this Section shall be for a one-year period. At the end of that time, the applicant may apply for an extension of the permit on a form supplied to him by the Town Secretary's office. This form may require the submission of the same information that was required in the original application, or only portions of that information. E. Appeal From Permit Denial or Revocation Should an applicant be denied a permit, or have a permit revoked, he may appeal that action to the Town Council by submitting a letter to the Town Secretary's office within ten (10) days of the action complained of. A hearing on the denial will then be scheduled for the next regular meeting of the Council. The Council will render a decision on the appeal within ten (10) days of the hearing. F. Agents and Solicitors for Permit Holders All persons to whom permits have been issued under this Section shall furnish proper credentials to their agents and solicitors for such charitable solicitations campaign. Such credentials shall include the name of the permit holder, the date a statement describing the holder's charitable, educational, patriotic or philanthropic activity, a description of the purpose of the solicitation, the signature of the permit holder or of the holder's chief executive officer and the name, address, age, sex and signature of the solicitor to whom such credentials are issued and the specific period of time during which the solicitor is authorized to solicit on behalf of the permit holder. No person shall solicit under any permit granted under this Article without the permit in his possession. The credentials and facsimile copy of the permit shall be show, upon request, to all persons solicited and to any police officer of the Town. G. Responsibility for Acts of Solicitors The recipient of a permit for a charitable solicitations campaign shall be responsible for the acts of his authorized representatives in connection with such campaign. H. Certain Methods of Solicitation Prohibited The following methods of solicitation are and shall be prohibited within the Town 1. It shall be unlawful for any person to solicit charitable contributions in the right-of-way or upon the paved portion or the median of any major thoroughfare listed in Section 4.02(M). 2. It shall be unlawful for any person to stop or attempt to stop any vehicle which is located upon the paved surface or shoulder of any public road, street or highway for the purpose of soliciting a charitable contribution. Chapter 10 – Public Safety 3. It shall be unlawful for any person to obstruct a public sidewalk while soliciting for a charitable contribution. (Ord. No. 86-12, § IV, 4-14-86 Repealed by Ord. No. 92-22, § IV, 12-15-92) Code of Ordinances Cross Reference: (Soliciting Permit Fee), Chapter 1, § 8.11 Chapter 10 – Public Safety Section 4.04 Religious Solicitations A. Registration Requirement 1. It shall be unlawful to conduct any religious solicitations in any office building or any public or private place, or by house-to-house canvass unless the person and religious organization conducting religious solicitations shall first have registered with the office of Town Secretary in compliance with this Section. 2. It shall be affirmative defense to prosecution under this Section if a person, organization, society, association or corporation conducting a religious solicitation obtains a charitable permit in compliance with Section 4.03 of this Code or a commercial permit in compliance with Section 4.02 of this Code. B. Form of Registration 1. A religious solicitor required to register hereunder shall first register in person with the Town Secretary's office giving the following information: a. Name of registrant and his permanent address; b. Name of the person, organization, society, association or corporation the registrant represents and the telephone number and address of its principal office; c. Duration and location of the proposed solicitation; d. Method or methods to be used in conducting the solicitations; and e. Approximate number of participants 2. Registration expires after one year and must be renewed annually. If a change occurs in any of the information submitted with the registration, the registrant or organization shall notify the Town Secretary's office of the change as soon as possible. C. Registration Card 1. Any person who solicits for a religious purpose and is required to register under this Section, or though not required to register is soliciting or a religious purpose by house to house canvass, on the streets, or sidewalks or other public passageway, or in any other public place open to the general public, shall carry a registration card issued by the Town while engaged in that religious solicitation. 2. The registration card required by subsection (1) above must: a. Be furnished by the applicant in a form approved by the Town Secretary; b. Identify the name of the person, organization, society, association, or corporation represented as registered with the Town Secretary; and c. Contain the statement "Religious Solicitations" or "Religious Solicitor." D. Certain Methods of Solicitations Prohibited Chapter 10 – Public Safety The following methods of religious solicitation are and shall be prohibited within the Town: 1. It shall be unlawful for any person to solicit religious contributions in the right-of-way or upon the paved portion or the median of any major thoroughfare set forth in Section 4.02(M). 2. It shall be unlawful for any person to obstruct any public sidewalk within the Town when soliciting a religious contribution. (Ord. No. 86-12, § V, 4-14-86 Repealed by Ord. No. 92-22, § V, 12-15-92) Chapter 10 – Public Safety Section 4.05 Child Solicitations A. Supervision of Child Solicitors It shall be unlawful for any person to use children ten (10) years of age or younger for commercial solicitation, charitable solicitation or religious solicitation purposes unless said children are actively supervised by an adult person at least eighteen (18) years of age who is permitted or registered, depending upon the type of solicitation. (Ord. No. 86-12, § VI, 4-14-86 Repealed by Ord. No. 92-22, § VI, 12-15-92) Chapter 10 – Public Safety Section 4.06 Penalty Any person violating any of the provisions of this Code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed Five Hundred Dollars ($500.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. (Ord. No. 86-12, § VIII, 4-14-86 Repealed by Ord. No. 92-22, § VI, 12-15-92) Chapter 10 – Public Safety Article V Discharge of Firearms Section 5.01 Discharge of Firearms Prohibited It shall be unlawful for any person to fire or discharge any gun, pistol, rifle or any other firearm of any description within the Town Corporate limits. This Section shall not apply to the following exceptions: A. The discharge of firearms when permitted or authorized by the laws of this state or of the United States; B. The discharge of a firearm in a shooting gallery or gunsmith’s establishment and when such shooting gallery or gunsmith’s establishment is properly fitted and arranged for the purpose so that no danger arises therefrom; provided, however, no shotgun of any character, nor any pistol or rifle larger than twenty-two (22) caliber shall be used in a shooting gallery, and that no shooting gallery shall be lawful in a gunsmith’s establishment except in connection with the necessary repair of the firearm used. A “shooting gallery” must be indoors; C. The discharge of a firearm done in the necessary and lawful protection of the person, premises or property, unless such firing is recklessly or carelessly done; and D. Firing or discharging of a firearm by a duly authorized peace officer while carrying out his lawful duties. (Ord. No. 85-26, § II, 10-28-85) Chapter 10 – Public Safety Section 5.02 Penalty Any person violating any of the provisions of this Article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed Two Thousand Dollars ($2,000.00) for each offense and separate offense shall be deemed committed upon each day during or on which a violation occurs. (Ord. No. 85-26, § II, 10-28-85 Amended by Ord. No. 98-29, § 7, 10-20-98) Chapter 10 – Public Safety Article VI Use of Fireworks Section 6.01 Definitions Fireworks: Shall mean and include any firecrackers, cannon crackers, skyrockets, torpedoes, Roman candle, sparklers, squibs, fire balloons, star shells, gerbs or any other substance in whatever combination by any designated name intended for use in obtaining visible or audible pyrotechnic display, and such term shall include all articles or substances within the commonly accepted meaning of fireworks, whether herein specially designated and defined or not. Person: Shall mean and include any natural person, association of persons, partnership, corporation, agent or officer of a corporation, and shall also include all warehousemen, common and private carriers, bailees, trustees, receivers, executors and administrators (Ord. No. 86-02 § I, 1-13-86) Chapter 10 – Public Safety Section 6.02 General Prohibition Against Manufacture, Sale, Discharge Transportation, Etc. Except as otherwise specifically provided in this Code, it shall be unlawful for any person to manufacture, assemble, store, transport, receive, keep, sell, offer or have in his possession with intent to sell, use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action any fireworks of any description. (Ord. No. 86-02 § III, 1-13-86) Chapter 10 – Public Safety Section 6.03 Permitted Transportation It shall be lawful to transport I.C.C.-Class C Common Fireworks, as defined in article 3205 Vernon’s Texas Revised Civil Statutes, as amended, by motor vehicles which meet the Interstate Commerce Commission requirement for transporting I.C.C.-Class C Common Fireworks and equipped with at least one ten (10) pound fire extinguisher for extinguishing Type B fire, along and upon state and federally numbered highways within the Town of Trophy Club. It shall further be lawful for bona fide fireworks dealers to transport I.C.C.-Class C Common Fireworks, as defined in article 9205 Vernon’s Texas Revised Civil Statutes, as amended, along and upon state and federally numbered highways within the Town of Trophy Club. (Ord. No. 86-02 § III, 1-13-86) Chapter 10 – Public Safety Section 6.04 Certain Signal Flares, Torpedoes and Rockets Exempt This Article shall not apply to signal flares and torpedoes of the type and kind commonly used by any railroads, which signal flares and torpedoes are received by and stored or transported by any railroad for use in railroad operation; nor shall this Article apply to any marine signal flare or rocket of the type and kind commonly carried by a vessel at sea for its own use and which signal flare or rocket is transported or received or stored for use only as ship’s stores; nor shall this Article apply to signal flares or rockets for military or police use, nor shall this Code apply to starter’s blanks and pistols used at athletic events. (Ord. No. 86-02 § IV, 1-13-86) Chapter 10 – Public Safety Section 6.05 Toy Pistol Caps Containing Less Than Twenty-Five One- Hundredths Rains of Explosive Compounds Excepted Toy paper pistol caps which contain less than twenty-five one-hundredths (25/100ths) grains of explosive compounds shall not be affected by this Article and the sale and use is permitted at all times. (Ord. No. 86-02 § V, 1-13-86) Chapter 10 – Public Safety Section 6.06 Illegal Fireworks as Nuisance; Seizure and Destruction, etc. The presence of any fireworks within the jurisdiction of the Town in violation of this Article is hereby declared to be a common and public nuisance. The fire chief and fire marshal are directed and required to seize and cause to be safely destroyed any fireworks found in violation of this Article and any member of the fire prevention division of the fire department or any police officer of the Town or any other duly constituted peace officer is empowered to stop the transportation of and detain any fireworks found being transported illegally or to close any building where any fireworks are found stored illegally until the fire chief and fire marshal can be notified in order that such fireworks may be seized and destroyed in accordance with the terms of this Section. Notwithstanding any penal provision of this Code, the Town Attorney is authorized to file suit on behalf of the Town or the fire marshal, or both for such injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping or use of fireworks within the jurisdiction of the Town and to aid the fire marshal in the discharge of his duties and to particularly prevent any person from interfering with the seizure and destruction of such fireworks, but it shall not be necessary to obtain any such injunctive relief as a prerequisite to such seizure and destruction. (Ord. No. 86-02 § VI, 1-13-86) Chapter 10 – Public Safety Section 6.07 Right of Entry to Enforce Ordinance The fire chief is hereby authorized to enter any building, in accordance with the laws of the State of Texas and of the United States, where the unlawful presence of fireworks is suspected in order to inspect the same for the presence of such fireworks; but such authority does not include the right to enter a private dwelling or apartment. (Ord. No. 86-02 § VII, 1-13-86) Chapter 10 – Public Safety Section 6.08 Public Displays – When Permitted The provisions of this Article shall not apply to a public display of fireworks made under the terms and conditions of this Article and such a display shall be permitted, upon compliance with the provisions of this Code. (Ord. No. 86-02 § VIII, 1-13-86) Chapter 10 – Public Safety Section 6.09 Application for Permit Any person or any firm, partnership, corporation or association planning to make a public display of fireworks shall first make written application for a permit to the fire chief at least twenty-four (24) hours in advance of the date of the proposed display. No Town permit shall be issued until a permit issued for said purposes has been issued by the State of Texas. (Ord. No. 86-02 § IX, 1-13-86) Chapter 10 – Public Safety Section 6.10 Issuance or Denial and Term of Permit; Permit Not Transferable It shall be the duty of the fire chief to make an investigation as to whether the display as proposed by the applicant for a permit under this Article shall be of such a character that it may be hazardous to property or dangerous to any person, and he shall, in the exercise of reasonable discretion, grand or deny the application, subject to the conditions prescribed in this Article. In the event the application is approved, a permit shall be issued for the public display by the fire chief. Such permit shall be for a period of time designated on the permit, but shall not exceed fourteen (14) days, and the permit shall not be transferable. In the event that the application is denied by the fire chief, he shall notify the applicant of the denial in writing. (Ord. No. 86-02 § X, 1-13-86) Chapter 10 – Public Safety Section 6.11 Insurance or Bond Required The applicant for display permit under this Article shall, at the time of making application, furnish proof that he carries compensation insurance for his employees as provided by the laws of the State, and he shall file with the Town Secretary a certificate of insurance evidencing the carrying of public liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000.00) issued by an insurance carrier authorized to transact business in the State, for the benefit of the person named therein as assured, as evidence of ability to respond in damages in at least the amount to Five Hundred Thousand Dollars ($500,000.00) issued by an authorized surety company approved by the fire chief, conditioned upon the applicant’s payment of all damages to persons or property which shall or may result from or be caused by such public display of fireworks, or any negligence on the part of the applicant or his/her agents, servants, employees, or subcontractors in the presentation of the public display. The Town of Trophy Club shall also be designated as an insured by the insurance policy and bonded by the bond. (Ord. No. 86-02 § XI, 1-13-86) Chapter 10 – Public Safety Section 6.12 Only Aerial Displays Permitted Any fireworks display authorized under this Article shall be limited to an aerial display. (Ord. No. 86-02 § XII, 1-13-86) Chapter 10 – Public Safety Section 6.13 Material Not to be Stored in Town The material to be used for a public display authorized by this Article shall not be stored within the Town limits, but shall be brought in on the day of the public display and then shall be taken immediately to the place of display for further handling and storage. (Ord. No. 86-02 § XIII, 1-13-86) Chapter 10 – Public Safety Section 6.14 Hazardous Conditions Prohibited No public display of fireworks shall be of such a character and so located, discharged, or fired as to be hazardous or dangerous to persons or property, and this determination shall be within the sound discretion of the fire chief. (Ord. No. 86-02 § XIV, 1-13-86) Chapter 10 – Public Safety Section 6.15 Qualifications of Person Handling Fireworks The persons handling the display of fireworks under this Code shall be competent, adult persons and experienced pyrotechnic operators approved by the fire chief, and no person not approved by the fire chief shall handle fireworks at the public display. The names of the experienced pyrotechnic operators shall be designated on the permit issued. (Ord. No. 86-02 § XV, 1-13-86) Chapter 10 – Public Safety Section 6.16 Firemen to be Present For each public display of fireworks under this Code, not less than two (2) firemen of the Town shall be in attendance during the display. The expense of such firemen at the display shall be borne by the applicant for the permit and shall be paid in advance at the time of the application for the permit. (Ord. No. 86-02 § XVI, 1-13-86) Chapter 10 – Public Safety Section 6.17 Violations Any person who shall manufacture, assemble, store, transport, receive, keep, sell, offer for sale or have in his possession with intent to sell any fireworks in violation of this Article shall be fined Two Hundred Dollars ($200.00) for each offense in accordance with this Code. If the fireworks are separately wrapped or packaged, the doing or omitting to do any act prohibited by this Article shall be separate offense as to each such separately wrapped or separately packaged fireworks. Each day that a violation of this Article shall continue with respect to any package of fireworks shall constitute a separate offense. (Ord. No. 86-02 § XVII, 1-13-86) Chapter 10 – Public Safety Section 6.18 Time Within Which to Comply; Five Thousand Feet Those persons, corporations, partnerships and associations who are presently in the business of buying, selling or manufacturing fireworks within Town limits of the Town of Trophy Club are hereby given ninety (90) days within which to comply with the Code. (Ord. No. 86-02 § XVIII, 1-13-86) Chapter 10 – Public Safety Section 6.19 Penalty Any person violating any of the provisions of this Article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs. (Ord. No. 86-02 § XXI, 1-13-86, Amended by Ord. No. 98-28, § 7, 10-20-98) Chapter 10 – Public Safety Article VII Emergency Situations Section 7.1 Response to Emergency A. Generally Every officer, agent or employees of the Town of Trophy Club, while responding to emergency situations, is hereby authorized to act in such a manner as to most effectively deal with the emergency. This provision shall prevail over every other Article of the Town and, to the extent to which the Town, the Agent has the authority to so authorize, over any other law establishing a standard of care in conflict with this Section. Neither the Town, the agent, nor the employee shall be liable for any failure to use ordinary care in such emergency. B. Emergency Vehicles Used for Law Enforcement The driver of an authorized emergency vehicle that is used for law enforcement purposes may operate without using the emergency warning devices required by State law only when the driver is responding to an emergency call or when he or she is in pursuit of a suspected violator of the law and he or she has probable cause to believe that: 1. Knowledge of his or her presence will cause the suspect to destroy or lose evidence of a suspected felony; 2. Knowledge of his or her presence will cause the suspect to cease a suspected continuing felony before the driver has acquired sufficient evidence to establish grounds for arrests; 3. Knowledge of his or her presence will cause the suspect to evade apprehension or identification of the suspect or of his or her vehicle; or 4. Traffic conditions on a multi-laned roadway are such that movements of motorists in response to the emergency warning devices may increase the potential for a collision or may unreasonably extend the duration of the pursuit. (Ord. No. 92-15, § I, 5-19-92) Chapter 10 – Public Safety Article VIII Comprehensive Emergency Management Section 8.01 Organization A. That there is hereby created and established the office of Emergency Management Director (the “Director”) of the Town of Trophy Club, which office shall be held by the Mayor. 1. An Emergency Management Coordinator (the “Coordinator”) may be appointed by and serve at the pleasure of the Director; 2. The Director shall be responsible for a program of comprehensive emergency management within the Town and for carrying out the duties and responsibilities set forth in this Article. The Director may delegate authority for execution of these duties to the Coordinator, but ultimate responsibility for such execution shall remain with the Director. 3. The operational emergency management organization of the Town of Trophy Club shall consist of the officers and employees of the Town so designated by the Director in the emergency management plan, as well as organized volunteer groups. The Functions and duties of this organization shall be distributed among such officers and employees in accordance with the terms of the emergency management plan. (Ord. No. 87-07, § I, 3-23-87) Chapter 10 – Public Safety Section 8.02 Emergency Management Director – Powers and Duties A. In addition to those duties outlined in Section 8.01 of this Article, the duties and responsibilities of the Emergency Management Director shall include the following: 1. Conduct an on-going survey of actual or potential hazards which threaten life and property within the Town and an on-going program of identifying and requiring or recommending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur. 2. Supervision of the development and approval of an emergency management plan for the Town of Trophy Club, and shall recommend for adoption by the Town Council all mutual aid arrangements deemed necessary for the implementation of such plan. 3. Authority to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of 7 days except by or with the consent of the Town Council. Any order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the Town Secretary 4. Issuance of necessary proclamations, regulations or directives which are necessary for carrying out the purposes of this Article. Such proclamations, regulations or directives shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the Town Secretary. 5. Direction and control of the operations of the Town emergency management organization as well as the training of emergency management personnel. 6. Determination of all questions of authority and responsibility that may arise within the emergency management organization of the Town. 7. Maintenance of liaison with other municipal, county, district, state, regional or federal emergency management organizations. 8. Marshaling of all necessary personnel, equipment or supplies from any department of the Town to aid in the carrying out of the provisions of the emergency management plan. 9. Supervision of the drafting and execution of mutual aid agreements, in cooperation with the representatives of the state and of other local political subdivisions of the state, and the drafting and execution, if deemed desirable, of an agreement with the county or counties in which the Town is located and with other municipalities within the counties, for the county- wide coordination of emergency management efforts. 10. Supervision of, and final authorization for, the procurement of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving emergency management within the Town. 11. Authorizing agreements, after approval by the Town Attorney, for use of private property for public shelter and other purposes. 12. Survey of the availability of existing personnel, equipment, supplies and services which could be used during a disaster, as provided for herein. 13. Other requirements as specified in Texas Disaster Act of 1975 (V.T.C.S. Article 6889-7). Chapter 10 – Public Safety (Ord. No. 87-07, § II, 3-23-87) Chapter 10 – Public Safety Section 8.03 Emergency Management Plan Comprehensive emergency management plan shall be developed and maintained in a current state. The plan shall set forth the form of the organization, establish and designate divisions and functions, assign responsibilities, tasks, duties, and powers, and designate officers and employees to carry out the provisions of this Article. As provided by state law, the plan shall follow the standards and criteria established by the State Division of Emergency Management of the State of Texas. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the State Division of Emergency Management. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The emergency management plan shall be considered supplementary to this Article and made a part hereof and have the effect of law during the time of disaster. (Ord. No. 87-07, § III, 3-23-87) Chapter 10 – Public Safety Section 8.04 Interjurisdictional Program The Mayor is hereby authorized to join with the County Judges of the Count6y of Denton and the County of Tarrant and the mayors of the other cities in said counties in the formation of an Emergency Management Council for the County of Denton and the County of Tarrant and shall have the authority to cooperate in the preparation of a joint emergency management plan and in the appointment of a joint Emergency management Coordinator, as well as all powers necessary to participate in a county-wide program of emergency management insofar as said program may affect the Town of Trophy Club. (Ord. No. 87-07, § IV, 3-23-87) Chapter 10 – Public Safety Section 8.05 Override At all times when the orders, rules, and regulations made and promulgated pursuant to this Article shall be in effect, they shall supersede and override all existing Article, orders, rules, and regulations insofar as the latter may be inconsistent therewith. (Ord. No. 87-07, § V, 3-23-87) Chapter 10 – Public Safety Section 8.06 Liability This Article is an exercise by the Town of its governmental functions for the protection of the public peace, health, and safety of the citizens of the Town and neither the Town of Trophy Club, the agents and representatives of said Town, nor any individual, receiver, firm partnership, corporation, association, or trustee, nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with, any order, rule, or regulations promulgated pursuant to the provisions of this Article shall be liable for any damage sustained to persons as the result of said activity. (Ord. No. 87-07, § VI, 3-23-87) Chapter 10 – Public Safety Section 8.07 Commitment of Funds Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the Town of Trophy Club a license of privilege, or otherwise permits the Town to inspect, designate and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice enemy attack or natural or man-made disaster shall, together with his successors in interest, if any, not be civilly liable for the death or, or injury to, any person on or about such real estate or premises under such license, privilege or other permission or for loss of, or damage to, the property of such person. (Ord. No. 87-07, § VII, 3-23-87) Chapter 10 – Public Safety Section 8.08 Offenses; Penalties A. It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the emergency management organization in the enforcement of any rule or regulation issued pursuant to this Article, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this Article. B. It shall likewise be unlawful for any person to wear, carry or display any emblem, insignia or any other mans of identification as a member of the emergency management organization of the Town of Trophy Club, unless authority to do so has been granted to such person by the proper officials. C. Any unauthorized person who shall operate a siren or other device so as to simulate a warning signal, or the termination of a warning, shall be deemed guilty of a violation of this Article and shall be subject to the penalties imposed by this Article. (Ord. No. 87-07, § VIII, 3-23-87) Chapter 10 – Public Safety Section 8.09 Penalty Any person violating any of the provisions of this Article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed Two Thousand dollars ($2,000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. (Ord. No. 87-07, § XI, 3-23-87 Amended by Ord. No. 98-28, § VII, 10-20-98) Chapter 10 – Public Safety Article IX Sale of Vehicles on Private or Public Streets Section 9.01 Prohibition It shall be unlawful for any person to post any signage on or near any motor vehicle, mobile home, motor home, recreational vehicle, trailer, boat, motorcycle or moped, or post any signage upon public or private property for the express purpose of effectuating the sake of said vehicle and it shall be unlawful to sell said vehicle pursuant to any such posting of a sign or signs. (Ord. No. 85-23, § I, 3-23-87) Chapter 10 – Public Safety Section 9.02 Penalty That it shall be unlawful for any person to violate any provision of this Article, and any person violating any provision of this Article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in an amount not to exceed Five Hundred dollars ($500.00) for each offense and a separate offense shall be deemed committed upon each day during on or which a violation occurs. (Ord. No. 85-23, § VII, 3-23-87 Amended by Ord. No. 98-28, § VIII, 10-20-98) Chapter 10 – Public Safety Article X Emergency Medical Services Section 10.01 Definitions When used in this Article, the following words and phrases shall have the meanings respectively ascribed to them in this Section: Emergency Medical Services: Services provided by emergency medical services personnel by means of an emergency medical services vehicle used to respond to an individual’s perceived need for immediate medical care and to prevent death or aggravation of physiological or psychological illness or injury. Emergency Medical Services Vehicle: 1. A basic life-support emergency medical services vehicle; 2. An advanced life-support emergency medical services vehicle; 3. A mobile intensive-care unit; or 4. A specialized emergency medical services vehicle. Emergency Medical Services Personnel: 1. Emergency care attendants; 2. Basic emergency medical technicians; 2. Specially skilled emergency medical technicians; or 4. Paramedic emergency medical technicians. (Ord. No. 92-03, § II, 2-18-92) Chapter 10 – Public Safety Section 10.02 Emergency Medical Service Provided by Town The Town shall provide emergency medical services within the Town, and shall provide such services within adjacent jurisdictions as provided and authorized by law and by contract. The provision of emergency medical services shall be deemed to include payment for the services as set forth in this Article. (Ord. No. 92-03, § III, 2-18-92) Chapter 10 – Public Safety Section 10.03 Fee The Town shall charge a fee for each response be the Town to request for emergency medical services. The Town Manager shall, however, have the authority to waive or reduce the said fee where the Manger finds and determines that imposing the same would cause an undue hardship or where the interests of justice require such a waiver or reduction. The amount of the fee shall be as set forth in the Town Schedule of Fees adopted by Ordinance, and as amended. (Ord. No. 92-03, § IV, 2-18-92) Code of Ordinances Cross Reference: (EMS Fees), Chapter 1, § 8.07 Chapter 10 – Public Safety Section 10.04 Responsibility to Pay Fee The person receiving emergency medical service shall be responsible for payment of and shall pay the fee set forth in Section 10.02 hereof. In the case of service received by a minor, the parent or guardian or the minor shall be responsible for payment of and shall pay the fee. (Ord. No. 92-03, § V, 2-18-92) Chapter 10 – Public Safety Section 10.05 Where Fees Incurred The fee set forth in Section 10.02 shall be deemed to have been incurred and shall be due and payable within the Town at the office of the Town Manager, whether or not the emergency medical services provided were inside or outside the corporate limits of the Town. The fee shall be due and payable no later than 30 days following the date on which the emergency medical services were provided, after which date the fee shall be deemed delinquent. (Ord. No. 92-03, § VI, 2-18-92) Chapter 10 – Public Safety Section 10.06 False Statement of Emergency It shall be unlawful for any person to willfully inform the emergency medical services dispatcher, emergency medical services personnel, a police officer, or any officer or employee of the Town that an emergency medical services vehicle or vehicles is needed at a location or address when such person knows that such statement is false. (Ord. No. 92-03, § VII, 2-18-92) Chapter 10 – Public Safety Section 10.07 Penalty That it shall be unlawful for any person to violate or fail to comply with any provision of the Article, and any person violating or failing to comply with any provision of this Article shall be fined, upon conviction, not to exceed Two Thousand dollars ($2,000.00) for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. (Ord. No. 92-03, § VII, 2-18-92 Amended by Ord. No. 98-28, § VI, 10-20-98) Chapter 10 – Public Safety Article XI Motor Assisted Scooters Section 11.01 Definitions When used in this Article, the following words and phrases shall have the respective meanings ascribed to them: Child: Any individual under eighteen (18) years of age. Daytime Hours: The time period beginning one-half hour before sunrise and ending one-half hour after sunset. Helmet: Properly fitted protective headgear that is not structurally damaged and that conforms to the standards of the American National Standards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation or any federal agency having regulatory jurisdiction over bicycle helmets, as applicable, at the time of the manufacture of the helmet. Motor Assisted Scooter: Shall have the same meaning assigned by Texas Transportation Code Section 551.301(2), as it exists or may be amended, and includes self-propelled device with at least two (2) wheels in contact with the ground during operation; a braking system capable of stopping the device under typical operating conditions; a gas or electric motor forty (40) cubic centimeters or less; a deck designed to allow a person to stand or sit while operating the device; and the ability to be propelled by human power alone. Parent: The natural or adoptive parent or court-appointed guardian or conservator of a child. Public Way or Public Property: Real property owned, leased or controlled by a political subdivision of the State of Texas, a governmental entity or agency, or similar entity, or any property that is publicly owned or maintained or dedicated to public use, including, but not limited to, a path, trail, sidewalk, alley, street or highway, and a public park facility. Wearing a Helmet: The person has a helmet fastened securely to his/her head with the straps of the helmet securely tightened in the manner intended by the manufacturer to provide maximum protection. (Ord. No. 2004-17, § II, 6-21-04) Chapter 10 – Public Safety Section 11.02 Restrictions and Prohibition for Motor Assisted Scooters When used in this Section, the following words and phrases shall have the respective meanings ascribed to them: A. Locations of Use 1. A motor assisted scooter shall only be operated on public streets and highways during daytime hours as defined herein. 2. A motor assisted scooter shall only be operated on paths and trails located within a public park or paths and trails designated as part of a public pathway system. 3. It shall be unlawful for any person to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the Town, except in accordance with the provisions of this Section. 4. It shall be unlawful for a parent to allow or permit a child to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the Town, in violation of any provision of this Section. 5. It shall be unlawful for a parent to knowingly allow a child to operate or ride a motor assisted scooter in a restricted or prohibited area. B. Helmets Required 1. The following criteria shall apply to operators of motor assisted scooters a. It shall be unlawful for any child to operate or ride a motor assisted scooter unless the child is wearing a helmet. b. It shall be unlawful for a parent to knowingly allow or permit a child to operate or ride a motor assisted scooter unless the child is wearing a helmet. c. It shall be unlawful for a parent to knowingly allow or permit a child to operate or ride a motor assisted scooter unless the child is wearing a helmet. (Ord. No. 2004-17, § III, 6-21-04) Chapter 10 – Public Safety Section 11.03 Penalty It shall be unlawful for any person to violate any provision of this Article, and any person violating or failing to comply with any provision of this Article shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. (Ord. No. 2004-17, § IV, 6-21-04) Chapter 11 – Public Works Chapter 11 - Public Works Chapter 11 – Public Works Article I Refuse, Recyclable, And Hazardous Waste Materials Section 1.01 Definitions Brush: Tree and shrub trimmings and limbs, etc. which exceed four (4) feet in length and cannot be easily placed in refuse containers or loaded readily into regular refuse compaction equipment. Bulky Waste: Stoves, refrigerators, water tanks, washing machines, furniture, appliances and other waste materials, with weights and volumes greater than those allowed for containers, but specifically excluding: 1. Loose construction debris, carrion hazardous waste, medical waste or stable matter; 2. Any refrigerators, freezers, air conditioners, or other appliances that do not contain written or visual evidence that the chlorofluorocarbons (CFS’s), have been removed therefrom by a certified, authorized, and licensed technician; and 3. Any other objects or items that contractor is precluded by federal, state, or local law or regulation from collecting or disposing in a municipal sanitary landfill. Carrion: The dead and putrefying flesh or carcass of any animal, fowl or fish. Commercial Containers: Metal containers supplied by the Town’s approved franchise vendor affording adequate capacity to service a customer so as to prevent spillage, unsightly, and unsanitary conditions. Curbside Service: The pick up of garbage, trash, brush, bulky wastes, rubbish, debris, and recyclable materials by the Town’s approved franchise vendor at resident’s street address. Debris: Dirt, concrete, rocks, bricks or other waste building materials. Garbage: Household waste, animal, or vegetable matter, as from a kitchen or food processing facility; ashes or any other material which is damp or capable of emitting noxious odors. Hazardous Waste: Any liquid or solid material, oil, sludge, and any radioactive, pathological, toxic, acidic, or volatile materials, or any chemical, compound, mixture, substance, or article which is designated by the United States Environmental Protection Agency or appropriate agency of the State of Texas to be “hazardous,” “toxic” or a “contaminant” or “pollutant,” as such terms are defined by or pursuant to federal or state law or regulation. Pick-Up Day: A day(s) scheduled by the Town for pick-up of refuse and recycling materials. If a pick-up day falls on a holiday, there will not be refuse or recycling service and a make-up day will not be substituted. Recycling Containers: An 18-gallon container for use by residential customers for curbside recyclable materials collection issued by the Town’s approved franchise vendor. Recyclable Materials: The following items are allowed in recycling container(s) – 1. Plastic bottles numbered 1, 2, 3, 4, 5, 7 and plastic bottles composed of H.D.P.E. (high density polyethylene) and P.E.T. (polyethylene terephthalate) bottles. Chapter 11 – Public Works 2. Clear, green, and brown, unbroken glass bottles and jars (excluding mirrors, windows, ceramics, or other glass products). 3. Aluminum, tin and steel metal cans used for beverage, food, beer, and soft drinks (excluding scrap metal, aerosol cans, foil, and utensils). 4. Telephone directories, newspapers, catalogs, and magazines. 5. Junk mail, cardboard and mixed household paper. As recycling markets open up to additional recyclable materials, this list may be expanded based on mutual agreement of The Town and contractor. Refuse: All garbage, trash, rubbish, brush, and debris. Refuse Container: Any plastic bag, cardboard, metal or wooden box having no outside dimension of more than four (4) feet or any portable, closed, waterproof, plastic container with a capacity or volume of forty-two (42) gallons or less; which is capable of containing refuse without leaking or emitting odors, that does not allow items to be scattered and which weighs when loaded, less than fifty (50) pounds per container and which is placed at curbside for removal. All refuse placed within plastic containers shall first be placed in a plastic bag, cardboard, metal or wood box. Rubbish: All residentially generated waste wood, wood products, grass cuttings, dead plants, weeds, leaves, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, white goods, pulp, and other products such as are used for packaging or wrapping, crockery, glass, ashes, cinders, floor sweepings, mineral or metallic substances and any and all other waste materials not included in the definition of bulky waste, construction debris, garbage, refuse, or hazardous waste. Trash: All refuse other than garbage, debris, brush, household furniture and appliances; including but not limited to, grass clippings, leaves, paper, and other household trash not included in the definitions of bulky waste, debris, garbage, refuse, rubbish or hazardous waste. (Ord. No. 92-11, § II, 5-19-92 Repealed by Ord. No. 2002-12, § II, 3-4-02) Chapter 11 – Public Works Section 1.02 Duties of A Residential Customer It shall be the duty of each residential customer to place refuse and recyclable materials as follows: A. Each residential customer shall place all refuse (in the case of brush, if the size allows) and recyclable materials in appropriate refuse or recycling containers sufficient in number so that the refuse/recyclable materials shall not become or constitute a public nuisance. B. Refuse or recyclable materials shall not be placed at curbside prior to 7:00 pm on the day before a pick-up day. C. Recycling container and/or other refuse containers must be removed from curbside no later than 7:00 am following a pick-up day. D. All disabled residents shall be entitled to receive special pick-up assistance; in order to receive assistance, such resident shall notify the Town’s approved franchise vendor of his/her need. E. Refuse and all items included for residential collection shall be placed at curbside at the resident’s street address in containers in such a manner as to prevent such items from being scattered. F. Every resident shall notify the approved franchise vendor for the collection of bulky waste, if such collection is needed. A fee may be assessed in accordance with the fee schedule of the approved franchise vendor. G. No residential customer shall place for collection or disposal, or permit to be placed for collection or disposal, any hazardous waste. H. Every residential customer is hereby required to monitor pickup of their own refuse and recyclable materials. If after having timely placed containers for collection, such containers are not emptied and the contents removed, as may be applicable within twenty-four (24) hours of scheduled collection, the resident shall notify the Town’s approved franchise vendor and report the non- collection at their address. (Ord. No. 2002-12, § III, 3-4-02) Chapter 11 – Public Works Section 1.03 Residential Collection of Brush Brush that is of such a nature that it cannot be placed in refuse container shall be cut in lengths not to exceed four (4) feet and shall be trimmed, stacked, tied and placed at curbside to a height of not more than three (3) feet and a weight not to exceed fifty (50) pounds per bundle. All vines and any thorny bushes shall be placed in a refuse container. A resident may receive a special pick-up upon request made through the Town’s approved franchise vendor. A fee based upon quantity and volume may be assessed in accordance with the vendor’s fee schedule in effect at the time. (Ord. No. 2002-12, § IV, 3-4-02) Chapter 11 – Public Works Section 1.04 Residential Collection Charges The collection and removal of refuse from premises used for residential purposes shall be made two (2) times each week, with a two or three day interval between each collection. Recyclable materials will be picked up one (1) time each week, on the designated day given by Town’s approved franchise vendor. The charges for such services shall be assessed as specified in the Town’s contract with the approved franchise vendor. Such charges are subject to increase or decrease from time to time based upon the then current terms of the Agreement between the Town and the approved franchise vendor. All charges for services furnished or rendered pursuant to this Article shall be due and payable on the date indicated on the bill and if not paid by the due date, a ten percent (10%) late fee will be added to the current amount and the total amount shall immediately become due and owing. (Ord. No. 2002-12, § V, 3-4-02) Chapter 11 – Public Works Section 1.05 Residential Collection of Hazardous Waste Materials Residents with proper identification and proof of residency will have the ability to dispose of hazardous waste materials semi-annually at a mobile collection unit located within The Town of Trophy Club or weekly at the City of Ft. Worth’s Environmental Collection Center in accordance with the recycling program and the hazardous material recycling contract approved by the Town. If Council fails to approve a budget for the collection of hazardous waste, the program shall be discontinued. (Ord. No. 2002-12, § VI, 3-4-02) Chapter 11 – Public Works Section 1.06 Removal of Debris Debris, as that term is defined herein, or other refuse resulting from construction, major remodeling, general cleanup of property, or resulting from sizeable amounts of debris and other refuse and debris and being cleared in preparation for construction will not be removed by the Town as regular service. The property owner shall have such debris and other refuse removed at his/her expense. A property owner may request a pick-up from the Town’s approved franchise vendor for the removal of debris. A fee for such service may be assessed in accordance with the approved franchise vendor’s fee schedule in effect at the time. (Ord. No. 2002-12, § VII, 3-4-02) Chapter 11 – Public Works Section 1.07 Duties of Commercial, Institutional, Industrial and Residential Customers It shall be the duty of the owner or person otherwise in charge of commercial, institutional or industrial premises within the Town of Trophy Club to cause all refuse accumulated on such premises to be placed in a commercial container(s). Commercial containers must be placed at a location on the premises as designated by the Town of Trophy Club and in compliance with all applicable Town Codes. (Ord. No. 2002-12, § VIII, 3-4-02) Chapter 11 – Public Works Section 1.08 Commercial, Institutional and Industrial Collection A. Frequency of Collection: The collection and removal of refuse from houses, and other structures and premises used for commercial, institutional, or industrial purposes shall be made not less than one (1) time each week. Collection charges shall be assessed in accordance with the Town’s approved franchise vendor’s fee schedule in effect at the time. B. Commercial, institutional, and industrial customers shall dispose of refuse by means of commercial containers meeting Town specification. Additionally, multi-family residential complexes may employ said commercial containers for refuse collection in the same manner as commercial, institutional, and industrial customers. (Ord. No. 2002-12, § IX, 3-4-02) Chapter 11 – Public Works Section 1.09 Prohibited Acts A. It shall be unlawful for any person to sweep, throw, or deposit any refuse, stagnant water, or carrion into, upon, or along any public property or private property of another, except as may be specifically provided by this Article. B. It shall be unlawful for any person owning or otherwise in control of any premises within the Town of Trophy Club to permit any of the conditions described in Section 1.09(A), hereof to exist upon property owned or controlled by them after having actual or constructive notice thereof. C. It shall be unlawful for any person to place in any container any material other than as specifically provided in this Article; including but not limited to hazardous waste. D. It shall be unlawful for any person to deposit or maintain refuse except as provided for by this Article. E. It shall be unlawful for any person to deposit any ignited material in any container used for the disposal of refuse. F. It shall be unlawful for the dumping of any refuse including debris from construction, major remodeling or general cleanup of property in any place within the Town of Trophy Club. G. It shall be unlawful for any commercial institution or industrial customer to remove the drain plug from any commercial container. H. It shall be unlawful for any person to cause damage to or permit excessive buildup of material in containers. (Ord. No. 2002-12, § X, 3-4-02) Chapter 11 – Public Works Article II Scavenging Refuse Section 2.01 Definitions Discarded Materials: Recyclable items, reusable items, household trash, garbage, and/or debris as defined in the Town’s Trash Code. (Ord. No. 2004-03, § II, 1-19-04) Chapter 11 – Public Works Section 2.02 Scavenging Discarded Material Prohibited Except as specifically provided herein, no person, other than the current resident, current occupant or current owner of the property on which Discarded Materials are placed for collection or a certified peace officer acting in his or her official capacity shall open, remove, pick up, search through, or transfer Discarded Materials directly from the curbside when such Discarded Materials are contained within a closed plastic bag, box, garbage receptacle or any other closed or sealed container left at curbside for collection and removal by a carrier authorized to remove Discarded Materials within the Town of Trophy Club. (Ord. No. 2004-03, § III, 1-19-04) Chapter 11 – Public Works Section 2.03 Exceptions A. Exception Applicable to Authorized Refuse Collection Carriers A carrier, including its agents, representatives, and employees, authorized to remove Discarded Materials within the Town may remove, pick up, or transfer Discarded Materials directly from the curbside as authorized in such carrier’s contract or franchise with the Town. A carrier shall not open any sealed garbage receptacle except to the extent necessary to remove the Discarded Material from the receptacle and place those materials directly into his or her disposal machinery and in accordance with the carriers contract or franchise with the Town. A carrier shall not search through closed bags, boxes, or other trash receptacles. B. General Exceptions 1. Permission It shall be an exception to the prohibition contained in this Article that a person other than the current resident, occupant, or owner of the property on which Discarded Materials are contained has the permission of such current resident, occupant or owner of the property to remove or search through a closed or sealed plastic bag, box, garbage receptacle or any other closed or sealed container. 2. Open or Unsealed Containers It shall be an exception to the prohibition contained in this Article for a person other than the current resident, occupant, or owner of the property to remove Discarded Materials which are not contained within a sealed plastic bag, box, garbage receptacle or any other closed or sealed container. (Ord. No. 2004-03, § IV, 1-19-04) Chapter 11 – Public Works Section 2.04 Penalty It shall be unlawful for any person to violate any provision of this Article, and any person-violating or failing to comply with any provision of this Article shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. (Ord. No. 2004-03, § VIII 1-19-04) Chapter 11 – Public Works Article III Management of Public Right(s) of Way Section 3.01 Definitions Whenever used in this Article, the following words and terms shall have the definitions and meanings provided in this section: Construction: Any of the following activities performed by a person within a public Right(s)-of-Way: 1. Installation, excavation, laying, placement, repair, upgrade, maintenance, or relocation of Facilities or other improvements, whether temporary or permanent; 2. Modification or alteration to any surface, subsurface, or aerial space within the public Right(s)- of-Way; installation of Facilities, boring or jacking of utilities, or 3. Performance, restoration, or repair of pavement cuts or excavations. Contractor: A person or company hired or retained to do construction for a Utility Service Provider. Contractor includes all subcontractors, employees, agents, and hired labor. Director: The Director of Public Works for the Town of Trophy Club Texas, or that person’s designee. Duct Or Conduit: A single enclosed raceway for cables, fiber optics, or other wires. Excavate Or Excavation: Digging into or in any way removing or penetrating any part of a Right(s)-of- Way. Emergency: Any event which may threaten public health or safety, including, but not limited to, damaged or leaking water or gas conduit systems, damaged, plugged, or leaking sewer or storm drain conduit systems, damaged underground electrical and communications Facilities, or downed overhead pole structures. Facilities: All Provider duct spaces, manholes, conduits, pipes, underground and overhead passageways, and other equipment, structures and appurtenances and transmission media, which are located in the Right(s)-of-Way or utility easements. Permit: A document issued by the Town or an internal work order issued by a Municipal Utility District located within the Town which authorizes the performance of work under this Article. Person: A natural person, a corporation, a public service provider, a governmental entity or agency, a limited liability company, joint venture, a business trust, an estate, a trust, a partnership, an association or any other legal entity regardless of its structure. Public Right(s)-of-Way or Right(s)-of-Way: The area on, below or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the Town has an interest. The term does not include the airwaves above a Right(s)-of-Way with regard to wireless telecommunications. Town: The Town of Trophy Club, Texas. Transmission Media: All Provider cables, fibers, wires, fixed radios or other physical devices used to transmit and/or receive communication signals, whether analog, digital or of other characteristics, and whether for voice, video, or data or other purposes, which are physically located in the Right(s)-of-Way. Chapter 11 – Public Works Utility Easement: A grant of one or more property rights by the property owner to and/or for use by the public, a corporation, or another person or entity for installing and maintaining utility services or Facilities across, over or under land, together with the right to enter thereon with machinery and other vehicles necessary for the maintenance of utility services or other Facilities. Utility Service Provider or Provider: Any privately or publicly owned entity which uses Right(s)-of-Way to furnish to the public any general public service, including, but not limited to, sewer, gas, electricity, water, telecommunications, cable, or telegraph, or any person or entity seeking to place Facilities on, in or over the Right(s)-of-Way. When used in this Article, the term shall include all persons, contractors, subcontractors, officers, directors, partners, managers, superintendents, or other authorized person exercising control over or on behalf of the Provider, including a Person who requests and/or obtains a Permit on behalf of or at the direction of a Provider. Work Print: A diagram showing all work to be performed by the Provider including all landscaping and restoration work required by Town Codes, and providing all information reasonably required by the Director so that the Provider’s application or request may be evaluated. (Ord. No. 2001-13, § I 6-4-01) Chapter 11 – Public Works Section 3.02 Provider Registration; Permitting and Notice Requirements A. Permits Generally Nothing in this section shall relieve a Provider from its obligation to obtain a Permit as required by this Article. B. Registration In order to protect the public health, safety, and welfare, a Provider maintaining or operating existing Facilities in the public Right(s)-of-Way must register with the Director in accordance with the following requirements: 1. The registration must be on a form furnished by the Director and made in the name of the Provider that owns the Facilities. Providers shall register no later than sixty (60) days after the effective date of this Article; thereafter, Providers shall register as required by subsection 3.02(B)2, below. 2. Registration expires January 31 of every other year after the calendar year in which the Provider first registers. If registration is not renewed by the expiration date, the Director shall furnish written notice to the Provider that the registration has expired. If the Provider fails to renew its registration within thirty (30) calendar days after the Director provides notice of the expiration, the Facilities of the Provider shall be deemed to have been legally abandoned. C. Notice If information provided as part of the registration process changes, the Provider shall inform the Director in writing not more than thirty (30) days after the date the change occurs. D. Required Information The Provider shall also include the following information with its registration: 1. The name of the Provider using the public Right(s)-of-Way, including any business name, assumed name, or trade name the Provider operates under or has operated under within the past five (5) years. 2. If the Provider is a certificated telecommunications provider, the certificate number issued by the Texas Public Utility Commission. 3. The Ordinance number of any franchise or license issued by the Town that authorizes the Provider to use the public Right(s)-of-Way; 4. The names, addresses, and telephone numbers of at least two persons who will be general, day-to-day contacts for the Provider. At least one of the addresses must be within the Dallas/Fort Worth metropolitan area. 5. The name and mailing address of the officer or agent designated as the person authorized to receive service of process on behalf of the Provider. 6. The name, address, and telephone number of any contractor or subcontractor, if known, who will be working in the Right(s)-of-Way on behalf of the Provider. Chapter 11 – Public Works 7. The names and telephone numbers of at least two persons serving as emergency contacts who can be reached by telephone twenty-four (24) hours a day, seven (7) days a week. The telephone number shall be accessible without the Town having to pay a long distance telephone or toll charge. 8. Proof of existing insurance coverage that complies with the requirements of Section 3.11 of this Codee. E. Permit Required A Provider seeking to place or seeking to cause the placement of Facilities on, in or over the Public Right(s)-of-Way shall first file an application for a construction Permit as required by this Article and where applicable, shall pay the appropriate fee as identified in the Town’s fee schedule. The Town’s fee schedule, as amended, is incorporated herein by reference. 1. The Provider shall obtain any and all Permits required by the Town and pay all applicable fees before beginning Construction, unless such construction work is specifically exempted from the Permit requirement under Section 3.02(F) of this Article. The failure of the Provider to obtain a Permit prior to beginning Construction in the Right-of-Way or to abide by the terms and provisions of that Permit or this Article will subject the Provider to a stop-work order from the Town and enforcement action pursuant to this and all other applicable Town Codes. 2. Permits shall be issued in the name of the Provider that owns the Facilities. 3. No Provider or Contractor shall perform or cause to be performed Construction in an area larger or at a location different, or for a longer period of time than that specified in the Permit. If after the commencement of Construction under an approved Permit, it becomes necessary to perform Construction for a longer duration or in a larger or different area than originally authorized by the Permit, the Provider or Contractor shall notify the Town immediately and shall within one (1) business day file a supplemental application for the additional Construction needed. 4. The Provider may contract the Construction work to be performed under a Permit issued pursuant to this Article. The Provider shall be and remain responsible for the performance of the Construction work under the Permit and all insurance and financial security as required by this Article. 5. If the Provider fails to act upon any Permit within forty-five (45) calendar days of issuance, the Permit shall become invalid and the Provider will be required to obtain another Permit. 6. At the time that a Permit application is filed, the Provider shall supply to the Town, at the Provider’s expense, all documentation and data, including but not limited to, landscaping plans, maps, construction schedules and equipment location drawings necessary to ensure compliance with the terms of this Article, other Town Codes, rules, and regulations, or other applicable provisions of law. 7. Providers shall submit to the Director, “as built” plans within ninety (90) days of completion of Construction of Facilities. F. Construction Exempt From Permit Requirement A Permit shall not be required prior to the commencement of Construction if one or more of the following conditions exist: Chapter 11 – Public Works 1. Construction work performed in the event of an Emergency, as defined herein; 2. The Construction work performed is limited to the installation of Facilities necessary only to initiate service to a customer’s property; 3. Construction work performed pursuant to a valid franchise agreement with the Town which specifically exempts such work from the requirement to obtain a Permit. Provider shall also be exempt from the payment of associated Permit fees if exempt from that fee by the terms of a valid franchise agreement or by applicable law. G. Refusal to Issue Permit The Director may refuse to issue a permit if: 1. The proposed Construction will substantially interfere with vehicles or pedestrians and no procedures, or procedures inconsistent with this Article, have been implemented to minimize the interference. 2. The proposed construction will substantially interfere with another activity for which a Permit has been issued, or will conflict or interfere with existing Facilities along the Right(s)-of-Way; 3. The proposed barricading, signage, warning, or other traffic control procedures or equipment do not comply with the Texas Manual on Uniform Traffic Control Devices, as amended; 4. The Proposed construction, incidental traffic control, or other Permitted activity, or the manner in which it is to be performed, will violate a Town Code or regulation or a state or federal law or regulation; or 5. The Provider: a. Failed to furnish all the information required by this Article; b. Knowingly or intentionally furnished materially false or incorrect information to the Director; c. Failed, except for good cause shown, to file the application on the approved form within the time limits prescribed by this Article; d. Failed or refused to submit work plans or plans of record as required by this Article; e. Was convicted of violating a provision of this Article twice within the two-year period immediately preceding the date of application; f. Failed to furnish or have on file with the Director the insurance required under this Article; or g. Is not in compliance with applicable requirements of an existing Permit issued under this Article. H. Suspension or Revocation of a Permit 1. The Director may suspend Construction or revoke an issued Permit based upon the same grounds for which a Permit may be denied under Section 1.02(G) above, or if the Provider: Chapter 11 – Public Works a. Commences or performs construction in violation of an applicable requirement of this Article or Permit; b. Creates or is reasonably likely to create a public health or safety hazard by performance of the Construction in question; c. Fails to comply with a order or regulation of the Director; or d. Fails to comply with restrictions or requirements of other Town Codes or state or federal laws or regulations applicable to the Construction. 2. In the event that the Director suspends Construction at a site, or refuses to issue, suspends, or revokes a Permit, the Director shall provide written notice to the Provider stating the basis upon which such action has been taken. Construction that is suspended may not resume until the Director determines that the Provider has corrected the violation, noncompliance, or hazard that caused the suspension. 3. A Permit that has been revoked may be reinstated by the Director if the Director determines that: a. The Provider has corrected the violation, noncompliance, or hazard that caused the revocation; and b. The health or safety of the public is not jeopardized by reinstating the Permit or Construction. I. Variance Any variance from the requirements of this Article must be approved in writing by the Director prior to the commencement of the activity for which the variance is requested. The Director may grant a variance only if an extreme hardship exists and the public health, safety, welfare, and convenience is not adversely affected by granting the variance. The Director may not approve a variance that would give a competitive advantage to one Provider over another Provider, providing the same or similar service. The Director may not grant a variance from the indemnity, insurance or bonding requirements of this Article, except as specifically provided. J. Appeals The appeal process shall be as follows: 1. Appeals may be filed pursuant to this Article for decisions of the Director, including but not limited to decisions to suspend or refuse to allow Construction work and/or decisions to deny, suspend, or revoke a Permit. However, the appeal process provided by this Article shall not be available for criminal violations of this Article. 2. A Provider may appeal decisions made by the Director pursuant to this Article by filing a written appeal with the Town Manager within five (5) working days of receipt of the stop work order, or the denial, suspension, or revocation of the Permit, or other decision of the Director. An appeal filed pursuant to this Article shall specifically state the basis for the aggrieved party’s challenge to the Director’s decision under this Article. 3. Decisions of the Town Manager shall be issued within three (3) working days of receipt of the Chapter 11 – Public Works written appeal. Decisions of the Town Manager shall be final. The Town Manager shall notify Town Council of any appeal decisions. J. Notice Requirements 1. In the event that an Emergency requiring Construction must be performed, Provider shall notify the Town in writing within two (2) business days after the Emergency related Construction response, including a detailed description of the work performed. An updated map of any Facilities that were relocated, altered, added or repaired shall be provided within thirty (30) days of the date upon which the emergency occurs. Notwithstanding the foregoing, Provider shall immediately contact 9-1-1 upon the occurrence of an Emergency and notify the appropriate agencies of the nature of the Emergency. 2. For all other Construction work specifically exempted from the Permit requirement by Section 3.02(F) above, Provider shall submit to Town a monthly report identifying the location of the Construction work, stating whether the work was performed by Provider or a third party on behalf of the Provider, and stating the basis for the Permit exemption claimed. The report required by this paragraph shall be submitted within five (5) business days following the end of the month during which the Construction work was performed. Providers failing to comply with the reporting requirements of this section shall be subject to the penalties specified in Section 3.12 of this Article. 3. For all Construction for which a Permit is required, Provider shall give the Town written notice at least five (5) business days prior to the commencement of Construction. Such notice shall identify the location and nature of the Construction work. Alternatively, Provider shall obtain a Permit five (5) business days prior to the commencement of such Construction. A properly completed Permit application filed within five (5) business days prior to commencement of Construction shall serve as notice to Town for purposes of this paragraph. The Director may approve the commencement of Construction at any time after issuance of a Permit. 4. At least five (5) business days prior to the beginning of each month, the Provider shall give the Town a monthly schedule of planned Construction work to be performed during the month. Such schedule shall state whether a third party or the Provider’s personnel will be used for construction and/or maintenance, shall specify the location of the proposed Construction work, shall specify the approximate amount of time needed for completion of the proposed Construction work, and shall identify all potential traffic or street disturbances related to or arising out of such Construction. A Permit shall be required for all Construction work identified on the monthly schedule unless such work is exempt pursuant to Section 3.02(F) above. Provider shall notify Town of all changes to or modification of information provided in the monthly schedule required by this section within five (5) business days of such change or modification. The Provider shall notify the Town within twenty-four (24) hours of completion of Construction or abandonment of a Construction project for which a Permit is required under this Article. 5. Private property owners shall be notified via a door hanger or other paper document securely attached to the front door of their residence if a Provider has or will access a dedicated utility easement for the purpose of performing work. Such notice shall state the name and address of the Provider performing or causing the work to be performed, the name of the employee or agent leaving the notice, and the name and telephone number of a contact person who is able to respond to inquiries. The person listed as the point of contact shall be accessible during normal business hours. The notice shall also state whether the work has been completed. If the work has not been completed, the notice shall identify a time frame for completion of the work. (Ord. No. 2001-13, § II, 6-4-01) Chapter 11 – Public Works Section 3.03 Right(s)-of-Way and Construction A. No Burden on Right(s)-of-Way Provider shall not erect, install, construct, repair, replace or maintain its Facilities in such a fashion as to unduly burden the present or future use of the Right(s)-of-Way. If the Town in its reasonable judgment determines that any portion of the Facilities are an undue burden, Provider, at its expense, shall modify its Facilities or take such other actions as the Town may determine is in the public interest to remove or alleviate the burden, and the Provider shall do so within thirty (30) days of written notice by Town. B. Relocation of Facilities The Provider shall, at its expense, protect, support, disconnect, relocate or remove from the Right(s)-of-Way any portion of its Facilities when reasonably required to do so by the Town due to street or other public excavation, construction, repair, grading, re-grading, traffic conditions, the installation of sewers, drains, water pipes, power or signal lines, track ways or tracks; the construction or repair of municipally owned Facilities; the vacation, construction or relocation of streets or any other type of structure; or other improvements by the Town or another public agency which are reasonably necessary for the protection of the public health, safety or welfare. Town shall give Provider at least one hundred and twenty (120) days prior written notice of a request under this paragraph. Additionally, if Town’s request for removal or relocation of Facilities is made in order to allow the widening or straightening of a street, Town shall specify the new location for the Facilities along the Right(s)-of-Way of the street before Provider is required to relocate such Facilities. The Town may temporarily disconnect, remove or relocate any of the Provider’s Facilities which have not been disconnected, removed or relocated within the one hundred and twenty (120) day period following Town’s written notice of request under this paragraph, and the Provider shall reimburse the Town all direct and indirect costs including a reasonable administrative fee. The obligation of a Provider to pay the costs incurred as a result of this paragraph shall be based upon Provider’s payment obligation under applicable state or federal law. If Provider seeks to claim an exemption from the payment of costs incurred under this paragraph, Provider shall notify Town of the statutory basis for the exemption claimed and request an exemption from such costs. Town shall grant such exemption as required by applicable state or federal law. C. Emergency Declared by Town If the Director determines during Construction that an Emergency repair to a Right(s)-of-Way is necessary to correct a situation that is hazardous to the public, the Director shall immediately notify the Provider. If the Provider does not commence the Emergency repair within the time required by the Director, the Director may in his sole discretion, perform or cause the performance of such repair work as is necessary to correct the hazardous situation. If however, the Director is unable to notify the Provider or is unable to determine the identity of the Provider, then in his sole discretion, Director may take all actions necessary to disconnect, remove or relocate any and all Facilities of Provider in order to respond to the Emergency. Town shall notify Provider within two (2) business days after the occurrence of such Emergency event. Neither the Town nor any agent, contractor or employee thereof shall be liable to the Provider, its customers or third parties for any damages caused them or the Facilities due to any activities described in this paragraph. Provider shall reimburse Town for all direct and indirect costs of performing work under this Section. The obligation of a Provider to pay the costs incurred as a result of this paragraph shall be based upon Provider’s payment obligation under applicable state or federal law. If Provider seeks to claim an exemption from the payment of costs incurred under this paragraph, Provider shall notify Town of the statutory basis for the exemption claimed and request an exemption from such costs. Town shall grant such exemption as required by applicable state or federal law. Chapter 11 – Public Works D. Minimum Interference The Facilities shall be erected and maintained by the Provider to cause minimum interference with the use of the Right(s)-of-Way and with the rights or reasonable convenience of property owners. Construction work on private property shall not cause or create a hazardous condition to exist on the Right(s)-of-Way. E. Right(s)-of-Way Usage To the extent allowed by applicable state and federal law, this Article authorizes the Construction of Facilities in the Right(s)-of-Way which have been dedicated for compatible uses, subject to the requirements in the balance of this Section and of this Article. In using all Right(s)-of-Way, the Provider shall comply with all federal, state, and local laws, including all Town Codes. Without limitation, the Provider shall ensure that: 1. The safety, functioning and appearance of the Right(s)-of-Way, and the convenience and the safety of other persons, shall not be adversely affected by the installation or construction of Facilities necessary for normal operations; 2. Any portion of the Right(s)-of-Way that are in any way disturbed by the Construction or repair of Facilities shall be restored and maintained to as good or better condition than existed previously. Provider’s maintenance obligation shall continue for two years after completion of such work; 3. The cost of the installation, Construction, operation, or removal of such Facilities shall be borne by the Provider as required by state law; 4. Notice has been given prior to the commencement of Construction in accordance with this Article. Such notice shall be given by either the Provider, its Contractor, or an authorized agent of either entity. The notice shall include the name, address and phone number of the Contractor who will actually perform the Construction work, including the name and telephone number of an individual who will be available twenty four hours a day, seven days a week, until the Construction is completed. Provider shall be deemed to be in compliance with this requirement when either a properly completed Permit application is filed within five (5) business days prior to the commencement of Construction or five (5) business days notice is given as required by Section 3.02(J)(3) of this Article; 5. A three foot by three foot (3’x3’) information sign stating the identity of the Contractor performing the Construction work, telephone number, and Provider’s identity and telephone number shall be placed at the location where Construction is to occur at least twenty-four (24) hours prior to the beginning of work and shall continue to be posted at the location until the Construction work and all restoration as required by this Article is completed. 6. All persons engaged in Construction in the Right(s)-of-Way shall display on their persons and vehicles the identity of the entity by which they are employed. Additionally, the Provider shall identify temporarily during the course of Construction its Facilities and drops (by color code, stamping, engraving, tags, stickers, or other appropriate method selected by the Provider) so as to distinguish the Provider’s equipment from that of all other utility service providers in the Town. 7. Required above ground infrastructures shall be placed at the junction of the side yard and back yard utility easement. Chapter 11 – Public Works F. Easement Acquisition Any easements over or under private property necessary for the construction or operation of the Facilities shall be arranged by Provider. Any utility easements over or under property owned by the Town other than the Right(s)-of-Way shall be separately negotiated with the Town, except that the Provider may use general utility easements that are dedicated for compatible uses on property owned by the Town. Unless specifically exempted by the terms of this Article, Provider shall obtain a Permit prior to the commencement of Construction or use of any Right(s)-of-Way. G. Utility Crowding Due to the potential for overcrowding in the Town’s Right(s)-of-Way, the Town encourages all Providers to install conduits that may be over-sized, duplicated, or placed in multiple configurations and also encourages Providers to share the use of their respective underground conduits and multiple configurations at such locations. The Town reserves its right to impose a reasonable limitation on the number of such Providers that have access to its property based upon a demonstrated space constraint requiring such limitation. H. Removal of Obsolete Facilities/Cooperation When the Provider opens a trench, accesses a conduit or boring, or is working on aerial locations, it shall remove and dispose of its unusable and inactive Facilities (excluding those held for future use) from such locations. When the Provider receives notification from the Town or another Provider that a Provider will be opening a trench or access to borings, the Provider receiving such notice shall remove all of its obsolete Facilities from such location while it is open. I. Underground Facilities The Town requires that the Provider place their lines underground. The Provider shall place its wires in such area underground without charge, expense or liability to the Town. The Provider may apply with the Town for a waiver from this requirement in accordance with Section 3.02(J) of this Article. This shall not affect elevated water storage tanks and related infrastructure nor those wires that were in place and in compliance with Town Codes prior to the date of the passage of this Article. J. Poles Provider shall not erect any utility poles without first obtaining a Permit from the Town in accordance with applicable Town Codes. K. Abandonment of Right(s)-of-Way If a Right(s)-of-Way where the Provider has Facilities is abandoned, eliminated, discontinued or closed, the Provider shall be notified of same and all rights of the Provider under this Article to use same shall terminate. Town shall give Provider notice of such action as required by law, and Provider shall immediately remove its Facilities from such street or Right(s)-of-Way unless the Provider obtains any necessary easements from the affected property owners to use the former street or Right(s)-of-Way or a court orders the provision of such easements. Where reasonably possible and to the extent consistent with the treatment of other similar utility Facilities located in the Right(s)-of-Way, the Town shall reserve easements for the Provider to continue to use the former Right(s)-of-Way. The Provider shall bear the cost of any removal or relocation of its Facilities unless Chapter 11 – Public Works the abandonment is primarily for the benefit of a private party, in which case the private party shall bear such costs. Thirty (30) days notice of any proposed abandonment proceedings involving its Facilities shall be given by publication in the official newspaper of the Town. L. Abandonment of Facilities/Provider Any Provider that intends to discontinue use of any Facilities within the Right(s)-of-Way shall notify the Director in writing of the intent to discontinue use. Such notice shall describe the Facilities for which the use is to be discontinued, a date of discontinuance of use, which date shall not be less than thirty (30) days from the date such notice is submitted to the Director, and the method of removal and restoration. The Provider may not remove, destroy, or permanently disable any such Facilities during such thirty (30) day period without the written approval of the Director. After thirty (30) days from the date of such notice, the Provider or Contractor shall remove and dispose of such Facilities as set forth in the notice, as the same may be modified by the Director, and shall complete such removal and disposal within six months, unless additional time is requested from and approved by the Director. M. Supervision by Town of Location of Conduits, Pipes and Cables The location and route of all conduits, pipes, cables and any other infrastructure to be placed and constructed by the Provider in the Construction and maintenance of Facilities in the Town, and the location of all conduits to be laid by the Provider within the limits of the Town under this Article, shall be subject to the reasonable and proper regulation, control and direction of the Town Council, of the Director or any Town official to whom such duties have been or may be delegated. (Ord. No. 2001-13, § III, 6-4-01) Chapter 11 – Public Works Section 3.04 Construction/Maintenance/Repair A. Repairs/Construction Standard All construction must be done in a good and workmanlike manner and in faithful and strict compliance with the Permit, this and other applicable Town Codes, and within regulations promulgated by the Director relating to construction within the Right(s)-of-Way. B. Construction – General The Provider shall meet or exceed all requirements set out in this Article and those set out in other applicable Town Codes. C. Maintenance All Construction performed must be maintained to the satisfaction of the Director for two (2) years after the date of completion of the Construction. Any damage to or any defect or other problem caused by or resulting from the Right(s)-of-Way Construction which occurs at any time within two years after the completion of Construction must be corrected to the satisfaction of the Director, within ten (10) days after the Director provides written notice to the Provider to correct the damage, defect, or other problem. The filing of an appeal pursuant to Section 3.02(J) of this Article shall toll Provider’s obligation under this Section until the conclusion of the appeal process provided therein. D. Repairs All damage caused directly or indirectly to the Right(s)-of-Way surface or subsurface outside the pavement cut or excavation area shall be regarded as a part of the pavement cut or excavation and must be included in the total area repaired. If repaired by the Town, the Provider shall reimburse the Town for the actual direct and the indirect costs of the repair. E. Backfill The Director shall notify the Provider if the backfill on a Construction site settles at any time during the two year maintenance period required in this section, causing subsidence of the pavement of one-half inch or more, vertically, measured in any three foot horizontal direction. Upon notification, the Provider shall schedule appropriate repair work and promptly notify the Director of the anticipated dates of commencement and completion of the repair work. If the repair work is not commenced or completed within the agreed upon time schedule, or if no response is received by the Director within ten (10) days after notification to the Provider, the repair work may be performed by the Town. The Provider shall reimburse the Town for the actual costs of any repair work performed by the Town, including the reasonable costs of collection of such sum. F. Required Depth Facilities shall be installed to a depth approved by the Public Works Department and consistent with applicable industry standards. G. Weather Chapter 11 – Public Works No Construction work, including but not limited to underground installation, or other work activities may be initiated when weather conditions prohibit proper restoration of disturbed areas in a timely manner, except in the case of an Emergency as defined by this Article. In the event of such emergency, Provider shall notify Town within one (1) business day after the occurrence of such Emergency event. H. Right of Inspection The Town shall have the right to inspect all Construction and restoration work for compliance with this and all other applicable Codes and any Permit granted pursuant to this Article. At the sole discretion of Town, tests may be conducted to verify compliance with the requirements of Permits issued hereunder and all applicable Codes, state or federal laws, rules, or regulations. In the event that the result of any test or series of tests indicates noncompliance with the foregoing, Provider shall reimburse Town for all reasonable costs of those tests and shall take all remedial action to obtain compliance within thirty (30) days of receipt of notice by Town. I. Compliance With Law The Provider shall be subject to all applicable laws, Codes or regulations of the Town as may exist or may hereafter be amended in the course of Construction of its Facilities in the Town. J. As-Builts/Location of Facilities Provider shall furnish accurate, complete and current maps and records of its Facilities to the Town as set forth below: 1. The Provider shall furnish two complete sets of “as-built” maps and records to the Town and the Provider shall provide the Town copies of any new or revised “as-built” maps or comparable drawings as they are generated for portions of the Provider’s Facilities located within the Town (and in no event later than ninety (90) days after construction and activation of any portion of the Facilities). Upon request by the Town in an Emergency, the Provider, as soon as possible (but no more than five (5) business days from the request), shall inform the Town of any changes from such maps and records previously supplied and shall mark maps provided by the Town so as to show the location of its Facilities. 2. The “as built” maps shall include at a minimum the depth and location of all system and Facility routing, all emergency shut off valves and controls, and the location of appurtenant structures, such as nodes, amplifiers, power supplies and system monitor test points, and shall be drawn to a scale and upon such media as required by the Director. Provider shall specifically identify all information that it deems to be proprietary, confidential, or customer specific. Provider may request that the Director accept a document in substitution for an “as- built” plan. Director shall accept such alternate document if in the Director’s reasonable discretion that document provides the minimum information as required by this Article. 3. If maps and records submitted under this section include information expressly designated by the Provider as a trade secret or other confidential information protected from disclosure by state law, the Director will request an opinion for the Texas Attorney General as authorized by state law. This subsection may not be construed to authorize a public service provider to designate all matters in its records as confidential or as trade secrets. (Ord. No. 2001-13, § IV, 6-4-01) Chapter 11 – Public Works Section 3.05 Trees/Landscaping A. Tree Trimming Provider shall notify the Town, prior to undertaking, contracting for, or directing the trimming of trees in the Right(s)-of-Way. Except in Emergencies, all trimming of trees on public property shall have the prior written approval of the Director. Prior to any trimming of trees on private property, Provider shall give five (5) days written notice to the property owner or occupant. Should the Provider, its contractor or agent, fail to remove trimmings within twenty-four (24) hours of completion of the work, the Town may remove the trimmings or have them removed, and submit an invoice to Provider. Payment in full shall be made by Provider within thirty (30) days of the date of Town’s invoice. B. Landscaping The following applies to landscaping within the Right(s)-of-Way: 1. Provider shall submit with its Permit application a landscape plan along with a copy of its Work Print. The landscape plan shall identify the impact of the Construction on existing landscaping and remedial measures that Provider will take to restore the property to a condition that is as good as or better than the condition of the property prior to the Construction being performed. Provider’s plan for restoration must be approved by the Director prior to the issuance of a Permit. The Director may inspect the restoration for compliance up to two (2) years after completion. Upon notice to provider of noncompliance, Provider shall perform all restorative work necessary to comply with the previously approved landscape plan. All unused materials and other debris shall be removed and properly disposed of in a timely manner. 2. Where underground Construction work will encroach under the branch spread of trees or shrubs, proposed structures and conduit shall be relocated outside of the tree or shrub drip line, or the Facilities in question shall be installed by boring the distance of the branch spread. The placement of such structures and conduits shall be identified on Provider’s landscape plan and approved by the Director prior to the issuance of a Permit. 3. Provider’s landscape plan shall also identify the erosion control measures to be used on a work area. Provider’s proposed erosion control measures must be approved by the Director prior to the issuance of a Permit. Erosion control measures shall be used for all Construction work, regardless of whether a Permit is required under this Article. (Ord. No. 2001-13, § V, 6-4-01) Chapter 11 – Public Works Section 3.06 Attachments to Space in Ducts If the Town desires to place Facilities or systems for its internal use in any Provider duct, a non-contingent agreement shall be prerequisite to such attachment(s) or such use of any duct by the Town. Nothing contained in this Article shall obligate or restrict the Provider in exercising its rights voluntarily to enter into wire space or facility agreements with other wire-using companies which are authorized to operate within the Town. (Ord. No. 2001-13, § VI, 6-4-01) Chapter 11 – Public Works Section 3.07 Temporary Removal of Aerial Wires The Provider, on the request of any person, shall remove or raise or lower its wires within the Town temporarily to permit the moving of houses or other bulky structures. The expense of such temporary removal, raising or lowering of wires shall be paid by the benefited party or parties, and the Provider may require such payment in advance. The Provider shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire changes. The clearance of wires above ground shall conform to the basic standards of the National Electrical Safety Code, National Bureau of Standards, and the United States Department of Commerce as promulgated at the time of erection thereof. (Ord. No. 2001-13, § VII, 6-4-01) Chapter 11 – Public Works Section 3.08 Restoration A. General The Provider shall, at its sole cost and expense, restore any and all portion(s) of the Right(s)-of-Way affected by Construction or other work performed by Provider within ten (10) business days of completion of such Construction or other work. Provider’s responsibility for restoration shall include all expense for the restoration and replacement of property, real or personal, disturbed, damaged or in any way injured by or on account of the Provider or by its acts or omissions. All such restoration shall be in accordance with the specifications and standards adopted by the Town, and shall result in a work site condition equal to or better than that which existed prior to the commencement of Construction. Restoration must be to the reasonable satisfaction of the Director. In the event that the Provider and its contractors and subcontractors fail to make such repair within the time specified by the Town or in accordance with the Town’s specifications and standards, the Town shall be entitled to complete the repair in accordance with applicable standards and the Provider shall pay the Town all costs of such repair. Prior to undertaking Construction or maintenance efforts which will in any way alter or change the streets or Right(s)-of-Way, Provider shall make a video recording or photograph(s) of the affected area and submit a copy of the photograph(s) or video recording to the Director. Restoration obligations of the Provider include but are not limited to the following: 1. Replacement of all sod or ground cover with sod or ground cover that is the same or an equivalent to the type of ground cover impacted during work, either by sodding or seeding. 2. Installation of all manholes and hand holes, as required; 3. Backfilling and compaction of all bore pits, potholes, trenches or any other holes, unless other safety requirements are approved by the Director. This must be done on a daily basis unless other safety requirements are approved by the Director; 4. Leveling of all trenches and backhoe lines; 5. Restoration of excavation site to Town specifications as identified in the administrative policies of the Town, and when applicable, the North Central Texas Council of Government’s (NCTCOG) Standard Specifications for Public Works Construction, as amended; and Restoration of all landscaping and other affected structures such as sprinkler systems and mailboxes. 6. Restoration of the entire excavation site to the specifications and requirements set forth herein and to the NCTCOG Specifications, when applicable. 7. Restoration of all landscaping, ground cover, and sprinkler systems. 8. Restoration of any damaged traffic control devices, including but not limited to embedded loop detectors, pavement markings, underground conduits, and signs; 9. Restoration of special street, sidewalk, or drive approach surfaces designed to present unique visual images, color, or designs (regardless of the type, color, pattern, or texture of special material or process used) must be done so that the restoration matches the color, texture, and pattern of the surrounding special surfaces. 10. All locate flags shall be removed during the clean up process by the Provider or its Contractor at the completion of the Construction. 11. Restoration must be made in a timely manner as specified by the Town in the Permit and must be to the reasonable satisfaction of the Director. Chapter 11 – Public Works 12. The surface or subsurface of any street within the Town disturbed by the Provider in building, constructing, renewing, or maintaining its Facilities shall be restored within a reasonable time after completion of the work in compliance with Town Codes, rules, standards or other applicable provisions of law and maintained to the satisfaction of the Town Council, or of any Town official to whom such duties have been or may be delegated, for a period of two (2) years following completion of the restoration, after which time responsibility for the maintenance shall revert to the Town. No such street, avenue, alley, highway, viaduct or public ground shall be encumbered for a longer period than shall be necessary to execute the work. 13. If the backfill on a construction site settles at any time during the two (2) year period after completion of Construction, causing subsidence of the ground equal to or greater than one- half inch (1/2”), vertically, measured in any three foot horizontal direction, Provider shall fill and level such site within five (5) business days of notice by Town. If the repair work is not completed within such time period, the Town may perform such work. Provider shall reimburse the Town for the actual costs incurred by the Town in the performance of the work, including reasonable costs of collection of such sum. (Ord. No. 2001-13, § VIII, 6-4-01) Chapter 11 – Public Works Section 3.09 Safety A. Warning Devices During Construction During all Construction, the Provider shall maintain reasonable barriers, lights, and other warning devices to the users of the streets or Right(s)-of-Way in compliance with applicable government regulations requiring and pertaining to such barriers or as reasonably requested by the Director. Should it become necessary to impede the normal flow of vehicular or pedestrian traffic, the Provider shall employ roadway closure or partial closure practices as delineated in the State Manual of Uniform Traffic Control Devices, as amended, and in the Codes and standards established by the Town, and shall submit an alternate traffic routing plan to the Town’s Department of Public Safety prior to implementing its proposed plan. B. Emergency Notification The Provider shall provide the Director with a twenty-four (24) hour emergency telephone number at which a named responsible adult representative of the Provider (not voice mail or a recording) can be accessed in the event of an Emergency. (Ord. No. 2001-13, § IX, 6-4-01) Chapter 11 – Public Works Section 3.10 Provider Responsibility A. Utility Notification Program The Provider shall participate in and be a member of the state’s utility notification program, whether provided for by statute or otherwise. B. Provider’s Responsibility for Facilities 1. A Provider shall: a. Properly construct, install, operate, repair, relocate, upgrade, and maintain its Facilities existing within the Right(s)-of-Way; and b. Repair or restore any damage to other Facilities, the Right(s)-of-Way, or private property that occurs as a result of improper construction, installation, operation, repair, relocation, upgrade, or maintenance of the Facilities in the Right(s)-of-Way. 2. Facilities shall be considered to be improperly constructed, installed, operated, repaired, relocated, upgraded, or maintained if: a. The construction, installation, operation, repair, relocation, upgrade, or maintenance endangers public health or safety or creates a public inconvenience; b. The Facilities encroach upon private property for which Provider has not obtained an easement or other legal authority to encroach upon such private property, or the Facilities extend outside the Right(s)-of-Way location designated in the Permit; c. Above-ground Facilities located within the Right(s)-of-Way are less than one and one- half feet from the face of the curb or less than six inches (6”) from a sidewalk; d. The construction, design, or configuration of the Facilities does not comply with applicable local, state, or federal laws or regulations; e. The construction, installation, operation, repair, relocation, upgrade or maintenance in the Right(s)-of-Way is conducted in a manner that damages private property or another Provider’s Facilities; f. The Facilities are not capable of being located or maintained using standard practices; or g. The Facilities are placed in an area that interferes with another Provider’s Facilities. (Ord. No. 2001-13, § X, 6-4-01) Chapter 11 – Public Works Section 3.11 Insurance A. Insurance During the term of this Ordinance, Providers, other than governmental entities, shall maintain, or cause to be maintained, in full force and effect and at its sole cost and expense, the following types and limits of insurance: 1. Worker's compensation insurance meeting Texas’ statutory requirements and employee's liability insurance with minimum limits of Five Hundred Thousand Dollars ($500,000) for each accident. 2. Comprehensive commercial general liability insurance with minimum limits of Five Million Dollars ($5,000,000) as the combined single limit for each occurrence of bodily injury, personal injury and property damage. The policy shall provide blanket contractual liability insurance for all Permits, and shall include coverage for products and completed operations liability, independent contractor's liability; and coverage for property damage from perils of explosion and collapse or damage to underground utilities, commonly known as XCU coverage. 3. Automobile liability insurance covering all owned, hired, and non-owned vehicles in use by the Provider, its employees and agents, with personal protection insurance and property protection insurance to comply with the provisions of the Texas No-Fault Insurance Law, including residual liability insurance with minimum limits of Five Million Dollars ($5,000,000) as the combined single limit for each occurrence for bodily injury, personal injury and property damage. 4. At the start of and during the period of any construction, builders all-risk insurance, providing coverage on all buildings and structures which will be installed or constructed as part of the Facilities together with an installation floater or equivalent property coverage covering cables, materials, machinery and supplies of any nature whatsoever which are to be used in or incidental to the construction of the Facilities. 5. Upon completion of the construction of the Facilities, the Provider shall substitute for the foregoing insurance policies of fire, extended coverage and vandalism and malicious mischief insurance on the entire completed system. The amount of insurance at all times shall be representative of the insurable values installed or constructed. 6. All policies other than those for Worker’s Compensation shall be written on an occurrence and not on a claims made basis. 7. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies, so long as in combination the limits equal or exceed those stated. B. Named Insureds All policies, except for business interruption and worker’s compensation policies, shall name the "Town of Trophy Club, a municipal corporation of the State of Texas, and all associated, affiliated, allied and subsidiary entities of the Municipality, now existing or hereafter created, and their respective officers, boards, commissions, employees, agents and contractors, as their respective interests may appear" as additional insureds (herein referred to as the “Additional Insureds”). Each policy which is to be endorsed to add Additional Insureds hereunder, shall contain cross-liability wording, as follows: Chapter 11 – Public Works “In the event of a claim being made hereunder by one insured for which another insured is or may be liable, then this policy shall cover such insured against whom a claim is or may be made in the same manner as if separate policies had been issued to each insured hereunder” C. Evidence of Insurance Certificates of insurance for each insurance policy required to be obtained by the Provider in compliance with this Section, along with written evidence of payment of required premiums, shall be filed and maintained with the Town annually during the term of this Article. The Provider shall immediately advise the Indemnitees of any claim or litigation that may result in liability to them. D. Cancellation of Policies of Insurance All insurance policies maintained pursuant to this Article shall contain the following endorsement: “At least sixty (60) days prior written notice shall be given to the Town of Trophy Club by the insurer of any intention not to renew such policy or to cancel, replace or materially alter same, such notice to be given by registered mail” E. Insurance Companies All insurance shall be effected under valid and enforceable policies, insured by insurers licensed to do business in the State of Texas or surplus line carriers on the State of Texas Insurance Commission's approved list of companies qualified to do business in the State of Texas. All insurance carriers and surplus line carriers shall be rated A+ or better by A.M. Best Provider. F. Deductibles All insurance policies may be written with retainages and deductibles, not to exceed fifty thousand dollars ($50,000), unless approved in advance by the Town in writing. The Provider agrees to indemnify and save harmless the Indemnitees and Additional Insureds from and against the payment of any retainage or deductible and from the payment of any premium on any insurance policy required to be furnished by this Article. The Provider shall furnish the Town with proof of insurance at the time of application for Construction Permits. In lieu of providing proof of insurance with each Permit application, the Provider may annually file with the Town current proof of insurance that extends to all projects within the Town, including the project for which the Permit is requested. The Town reserves the right to review the insurance requirements and to reasonably adjust insurance coverage and limits when the Director determines that changes in statutory law, court decisions, or the claims history of the industry, the Provider require adjustment of the coverage. For purposes of this Section, the Town will accept certificates of self-insurance issued by the State of Texas or letters written by the agency in those instances where the state does not issue such letters, which provide the same coverage as required herein. Upon the request of Town, Provider shall submit documentation from a qualified person stating that the self-insurance submitted provides the same coverage as required herein for insurance policies or that the insurance coverage provided by the Provider complies with all requirements of this Article. (Ord. No. 2001-13, § XI, 6-4-01) Chapter 11 – Public Works Section 3.12 Penalty A. Penalty Any Provider violating or failing to comply with any provision of this Article shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and separate offenses shall be deemed committed each day during or on which a violation occurs or continues. B. Remedies Not Exclusive The penalty provisions set forth in this section shall be in addition to, and not in limitation of, any other rights and remedies provided by law or in equity. (Ord. No. 2001-13, § XII, 6-4-01) Chapter 11 – Public Works Section 3.13 Governing Law This Article shall be construed in accordance with Town Codes in effect on the date of passage of this Ordinance to the extent that said ordinances are not in conflict with or in violation of the Constitution and laws of the United States or the State of Texas. (Ord. No. 2001-13, § XIII, 6-4-01) Chapter 11 – Public Works Section 3.14 Indemnity Except as to certificated telecommunications providers, as defined by Section 283.002(2) of the Texas Local Government Code, each Provider placing Facilities in the Right(s)-of-Way shall agree to promptly defend, indemnify and hold the Town harmless from and against all damages, costs, losses or expense: 1. For the repair, replacement, or restoration of Town’s property, equipment, materials, structures and Facilities which are damaged, destroyed or found to be defective as a result of the Provider’s acts or omissions, 2. From and against any and all claims, demands, suits, causes of action, and judgments for a. Damages to or loss of the property of any Person (including, but not limited to the Provider, its agents, officers, employees and subcontractors, Town’s agents, officers and employees and third parties); and/or b. Death, bodily injury, illness, disease, loss of services, or loss of income or wages to any Person, (including, but not limited to the agents, officers and employees of the Provider, Provider’s subcontractors and Town and third parties) arising out of, incident to, concerning or resulting from the negligence or willful act or omissions of the Provider, its agents, employees, and/or subcontractors, in the performance of activities pursuant to this Article. This indemnity provision shall not apply to any liability resulting from the intentional conduct or negligence of the Town, its officers, employees, agents, contractors, or subcontractors. The indemnity provision in Section § 283.057 of the Texas Local Government Code and amendments thereto shall apply to all certificated telecommunications providers. (Ord. No. 2001-13, § XIV, 6-4-01) Chapter 11 – Public Works Section 3.15 Surety A. Surety Bond Before a Permit as provided in this Article is issued, and unless waived by the Town Council, or unless exempt from these requirements by law, the applicant shall deposit with the Director a surety bond in the amount of $25,000.00 payable to the Town. The Director shall have the right to reduce the amount of the bond, if he/she determines in his/her sole discretion that the prescribed amount would be unreasonable in the light of the scope and costs of the work. The required surety bond must be: 1. With good and sufficient surety. 2. By a surety company authorized to transact business in the state. 3. Satisfactory to the Town attorney in form and substance. 4. Conditioned upon the Provider’s compliance with this Article and to secure and hold the Town and its officers harmless against any and all claims, judgments, or other costs arising from the excavation and other Construction work covered by the excavation Permit or for which the Town, the Town Council, or any Town Officer may be made liable by reason of any accident or injury to persons or property through the fault of the Provider either in not properly guarding the excavation or for any other injury resulting from the negligence of the Provider, and further conditioned to fill up, restore and place in good and safe condition as near as may be to its original condition, and to the satisfaction of the Director, all openings and excavations made in streets or Right(s)-of-Way, and to maintain any street or Right(s)-of-Way where excavation is made in as good condition for the period of two (2) years after such work shall have been done and accepted by Town, usual wear and tear excepted, as it was in before such work shall have been done. Any settlement of or upheaval of the surface within such two (2) year period shall be deemed conclusive evidence of defective backfilling by the Provider. Nothing contained in this subsection shall be construed to require the Provider to maintain any repairs to pavement made by the Town if such repairs should prove defective. Any owner of real estate repairing or engaging another to repair his own sidewalk shall not be required to give such bond. In the event of any suit or claim against the Town by reason of the negligence or default of the Provider, upon the Town’s giving written notice to the Provider of such suit or claim, any final judgment against the Town requiring it to pay for such damage shall be conclusive upon the Provider and his surety. B. In lieu of providing a surety bond with each permit application, an applicant may elect to provide a two (2) year surety bond meeting all of the requirements of this Section which is applicable to all excavation work in Right(s)-of-Way performed by or on behalf of the principal. (Ord. No. 2001-13, § XV, 6-4-01) Chapter 11 – Public Works Section 3.16 Director’s Authority/Enforcement/Offenses A. Director’s Authority The Director is authorized to administer and enforce the provisions of this Article, and to promulgate regulations, including but not limited to engineering, technical, and other special criteria and standards, to aid in the administration and enforcement of this and any other applicable Town Code, or state or federal law, rule, or regulation. B. Inspection The Director is authorized to enter upon a Construction site within the Right(s)-of-Way, upon public property, or where necessary, upon private property adjacent to a Construction site within the Public Right(s)-of-Way, for purposes of inspection to determine compliance with this Article or a Permit issued hereunder. C. Offense A Person commits an offense if he: 1. Performs, authorizes, directs, or supervises Construction without a valid Permit as required by this Article; 2. Violates any provision of this Article; 3. Fails to comply with restrictions or requirements of a Permit issued under this Article or 4. Fails to comply with an order or regulation of the Director issued pursuant to this Article. D. Offense – Construction in Public Right(s)-of-Way A Person commits an offense if, in connection with the performance of construction in the public Right(s)-of-Way he: 1. Damages the public Right(s)-of-Way beyond what is incidental or necessary to the performance of the Construction; 2. Damages public or private Facilities within the public Right(s) of Way; or 3. Fails to clear debris associated with the construction from a public Right(s)-of-Way after construction is completed. E. Defense It is a defense to prosecution under Subsection 3.16(D)(2) if the Person complied with all of the requirements of this Article and state law and the damage was caused because the Facilities in question: 1. Were not shown or indicated in a plan document, plan of record, record construction drawing, or field survey, staking or marking; and Chapter 11 – Public Works 2. Could not otherwise be discovered in the public Right(s)-of-Way through the use of due diligence. F. Culpability A culpable mental state is not required to prove an offense under this Article. A Person who violates a provision of this Article is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued, authorized, directed, or Permitted. An offense is punishable by a fine of not more than $500. (Ord. No. 2001-13, § XVI, 6-4-01) Chapter 11 – Public Works Section 3.17 Venue Venue for any proceeding under this Article shall be in Denton County, Texas. (Ord. No. 2001-13, § XVII, 6-4-01) Chapter 11 – Public Works Section 3.18 Notice For any purpose related to this Article, notice to the Town shall be to the: Town Manager and Mayor Town of Trophy Club, Texas 100 Municipal Drive Trophy Club, Texas 76262 (Ord. No. 2001-13, § XVIII, 6-4-01) Chapter 11 – Public Works Article IV Public Stormwater Drainage Utility Section 4.01 Definitions When used in this Article, the following terms shall have the respective meanings ascribed to them: Director: The Town Manager of the Town of Trophy Club, or his/her designee. Drainage: Bridges, catch basins, channels, conduits, creeks, culverts, detention ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works, and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the water away, collect, store, or treat the water into natural or artificial watercourses. Facilities: The property; real, personal, or mixed, that is used in providing drainage and included in the System. Service Area: The boundaries of the Town, Trophy Club Municipal Utility District No. 1, Municipal Utility District No. 2 and any other land areas outside the municipal boundaries which, as a result of topography or hydraulics, contribute overland flow into the watersheds served by the Drainage System of the Town; provided however, that to the extent applicable, such Service Area does not extend further than the boundaries of the Town’s extraterritorial jurisdiction nor does the Service Area extend into the boundaries of any other municipality. Stormwater Drainage Utility System, or Drainage System, or System: The Drainage owned or controlled in whole or in part by the Town, including the Town’s existing drainage facilities, materials, and supplies, and dedicated to the service of benefited property, including provisions for additions, extensions, and improvements thereto and replacements thereof, excluding from the foregoing, however, to the extent now or hereafter provided by law, facilities of any kind which are declared by the Town Council, prior to the acquisition or construction thereof by the Town, not to be a part of the System and which are acquired or constructed by or on behalf of the Town with the proceeds from the issuance of special facilities bonds in a manner now or hereafter authorized by law. Town: The Town of Trophy Club, Texas. (Ord. No. 2003-19, § II, 10-20-03) Chapter 11 – Public Works Section 4.02 Adoption of Findings The Town Council of the Town of Trophy Club hereby declares that it finds each of the following to be true and correct statements: A. The Town finds that the adoption of Texas Local Government Code 402.041 et seq., as amended, entitled “Municipal Drainage Utility Systems Act,” (hereinafter the “Act”), serves the best interests of the public and hereby adopts the Act in its entirety. B. The Town finds and declares that the drainage system of the Town shall be a public utility, and pursuant to the provisions of the Act, the Town incorporates its existing drainage facilities, materials, and supplies into the Stormwater Drainage System hereby declared to be a public utility. C. The Town will establish a schedule of drainage charges against all real property in the proposed Service Area subject to charges under the Act, and such charges shall be levied upon passage of this Article after satisfaction of all other procedural requirements provided in the Act; D. The Town will provide drainage for all real property in the proposed Service Area on payment of drainage charges, except real property exempted by the Act; and E. The Town will offer drainage service on nondiscriminatory, reasonable and equitable terms. F. The Town will adopt and enforce rules related to the subject of municipal drainage and as it considers appropriate to operate the Stormwater Drainage Utility System by the passage of appropriate Ordinances, Resolutions and rules. (Ord. No. 2003-19, § III, 10-20-03) Chapter 11 – Public Works Section 4.03 Designation of Program Responsibility It shall be the duty of the Director to administer the System. The Director shall keep an accurate record of all properties benefited or served by the services and facilities of the System and make changes in accordance with the rates and fees adopted by the Town. (Ord. No. 2003-19, § IV, 10-20-03) Chapter 11 – Public Works Section 4.04 Exemption The following shall be exempt from the provisions of all rules, Resolutions, this Article and any other Codes adopted by the Town pursuant to the Act: A. Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system; B. Property held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the Town for maintenance; C. A subdivided lot, until a structure has been built on the lot and a certificate of occupancy or the equivalent for residential properties has been issued by the Town. (Ord. No. 2003-19, § V, 10-20-03) Chapter 11 – Public Works Section 4.05 Penalty Clause It shall be unlawful for any person to violate any provision of this Article, and any person violating or failing to comply with any provision hereof, shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. (Ord. No. 2003-19, § IX, 10-20-03) Chapter 11 – Public Works Article V Stormwater Drainage Fees Section 5.01 Definitions When used in this Article, the following terms shall have the respective meanings ascribed to them: The Act: Subchapter C of Chapter 402 of the Texas Local Government Code, the Municipal Utility Act, as amended. Benefited Property: An improved Parcel or tract to which drainage service is made available by the Town pursuant to its Stormwater Drainage Code. Director: The Town Manager of the Town of Trophy Club, or his/her designee. Developed Property: For the purpose of this Article, developed property shall mean the construction of one or more new buildings or structures on one or more building lots, the moving of an existing building to another lot, or the use of open land for a new use other than Single-Family Residential, which contains impervious areas. Drainage: Bridges, catch basins, channels, conduits, creeks, culverts, detention ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works, and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the water away, collect, store, or treat the water into natural or artificial watercourses. Facilities: The property, real, personal, or mixed, that is used in providing drainage and included in the System. Impervious Area or Impervious Surface: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. Impervious areas include, but are not limited to, compacted soils, buildings, parking lots, and private ingress/egress roadways. Parcel: One or more lots or portions of lots that are contiguous and under single ownership. Single-Family Property: Any property platted or used for single-family residential development upon which a single family home has been constructed. Stormwater Drainage Revenue Bonds: Obligations issued to finance the costs of Facilities payable and secured by a lien on and pledge of Fees. Stormwater Drainage Utility Fee(s) or Fee(s): The drainage charge, including any interest and penalties, paid by a benefited or served property for stormwater drainage services provided by the System including, but not limited to, the items described as “cost of service” in Section 402.044(2) of the Act, as amended. Stormwater Drainage Utility System, Drainage System or System: The Drainage owned or controlled in whole or in part by the Town, including the Town’s existing drainage facilities, materials, and supplies, and dedicated to the service of Benefited Property, including provisions for additions, extensions, and improvements thereto and replacements thereof, excluding from the foregoing, however, to the extent now or hereafter provided by law, facilities of any kind which are declared by the Town Council, prior to the acquisition or construction thereof by the Town, not to be a part of the System and which are acquired or constructed by or on behalf of the Town with the proceeds from the issuance of special facilities bonds in a manner now or hereafter authorized by law. Chapter 11 – Public Works Town: The Town of Trophy Club, Denton County, Texas. (Ord. No. 2003-30, § II, 12-1-03) Chapter 11 – Public Works Section 5.02 Findings and Determinations It is hereby found, determined and declared that the Fees adopted hereunder are non-discriminatory, reasonable, and equitable for similar services of the Service Area property in the Town; and that the Town will provide drainage for all real property in the Service Area upon payment of Fees, except real property exempted under the Stormwater Drainage Code. (Ord. No. 2003-30, § III, 12-1-03) Chapter 11 – Public Works Section 5.03 Stormwater Drainage Utility Fees Schedule For purposes of imposing the Fees, all Parcel(s) within the Town are classified as Residential, Multi- Family, or Non-Residential. RESIDENTIAL MONTHLY FEE Single Family – Square footage up to 4000 $1.00 Single Family -- Square footage of 4001 to 9999 $2.00 Single Family – Square footage over 10,000 $3.00 MULTI-FAMILY PROPERTIES MONTHLY FEE Apartments $0.50 per unit Limit to be set by Director NON-RESIDENTIAL PROPERTIES MONTHLY FEE IMPERVIOUS AREA IN SQUARE FEET 0 - 10,000 sf impervious area $5.00 or flat fee of $0.06 per 100 sf 10,001 – 50,000 sf impervious area $7.50 50,001 - 100,000 sf impervious area $10.00 100,001 – 200,000 sf impervious area $12.50 200,001 – 400,000 sf impervious area $15.00 400,001 – 3,000,000 sf impervious area $17.50 A. Director shall be responsible for determining impervious area based on data obtained from the Denton County Appraisal District. If such information is unavailable from the appraisal district files, the property owner, tenant or developer may submit a certified survey and/or a foundation survey to assist the Director in determining impervious area. The Director may require additional information as necessary to make the determination. The amount of any fee may be revised by the Director based on any additions to the impervious area as approved through the building permit process or as shown from the records of the Denton County Appraisal District. B. The Town Council may review the foregoing schedule of fees at any time and may, by ordinance, increase or decrease such fees within the schedule upon a determination that such increase or decrease is warranted. C. The Town Council hereby finds and determines that the Fees have been established in accordance with the provisions of the Act. (Ord. No. 2003-30, § IV, 12-1-03) Code of Ordinances Cross Reference: (Stormwater Utility Drainage Fees), Chapter 1, § 8.03 Chapter 11 – Public Works Section 5.04 Billing, Payment, And Penalties A. The Town is hereby authorized to bill the Fees incurred as a result of the adoption of the Act and establishment of the Stormwater Utility Drainage System thereunder with its other public utility billings. 1. The Town shall render bills or statements for Fees monthly for service for the upcoming month for all properties subject to the fee. 2. Bills shall be payable when rendered and shall be considered as received by the customer and/or owner, whether actually received or not, when deposited in the United States mail, postage prepaid, addressed to the customer of Town utility billings. 3. Fees shall be billed with the Town’s other public utility billings and shall be identified separately on the utility billing as a stormwater drainage fee and shall be consistent with the Act. 4. Delinquent fees are subject to the same penalties and methods of collection as other utility charges of the Town and shall be collected in a manner consistent with the Act. 5. Unless a Parcel or tract is exempted from the applicability of this Article or the Stormwater Utility Drainage Code, no person shall use the Drainage System for such Parcel or tract unless such person pays the full, established, drainage charge. (Ord. No. 2003-30, § V, 12-1-03) Chapter 11 – Public Works Section 5.05 Adjustment of Fees A. Requests for adjustment of a Fee shall be submitted through the Director, who shall be given authority to administer the procedures and standards and review criteria for the adjustment of Fees as established herein. All requests shall be evaluated based upon the amount of impervious area and vegetated area on the site and total parcel area. No credit of Fees shall be given for the installation of facilities required by Town development codes or Texas Water Code requirements. The following procedures shall apply to all requests for adjustment of the Fees: 1. Any owner or customer who has paid Fees and who believes the calculation or determination of the Fees to be incorrect may, subject to the restrictions set forth in this article, submit an adjustment request to the director. 2. Requests for adjustment of Fees paid by an owner or customer making the request shall be in writing and set forth, in detail, the grounds upon which relief is sought. 3. The Director will review adjustment requests made during the first fiscal year that the Fees were imposed within a four (4) month period from the date of receipt of the adjustment request. Adjustments resulting from such request shall be retroactive to the beginning of billings but shall not exceed one year. 4. Adjustment requests made after the first fiscal year that the Fees were imposed will be reviewed by the Director within thirty (30) days from the date of receipt of an adjustment request. Adjustments resulting from such a request shall be prospective but may be made retroactive for no greater time period than three (3) months prior to the receipt of the request, at the discretion of the Director. 5. The owner or customer requesting an adjustment may be required, at the requesting party's own cost, to provide supplemental information to the Director including, but not limited to, survey data approved by a state registered professional land surveyor (R.P.L.S.), or engineering approved by a state registered professional engineer (P.E.), or reports. Failure to provide requested information may result in the denial of the adjustment request. 6. Adjustments to the Fees will be made upon the granting of the adjustment request, in writing, by the Director. In making a determination to grant an adjustment request, the Director shall consider the potential for any adverse impact to the holders of any outstanding stormwater drainage utility bonds. Denials to an adjustment request shall be made in writing by the Director. B. Upon receipt of the written denial of the adjustment request, the owner or customer who initially requested the adjustment may, within 30 days of receipt of such denial, apply to the Director for review of the denial. 1. The Director shall complete this review within sixty (60) days of receipt of such request for review. The Director’s determination on the review shall be in writing and set forth, in detail, the reasons for the decision. 2. In reviewing denial of adjustment requests, the Director shall apply the standards and review criteria contained in this section. 3. All findings and determinations made by the Director arising out of this section will be final. C. Those improved nonresidential properties (including apartments) that practice stormwater Chapter 11 – Public Works management are eligible to receive a credit on their monthly billings. The application for such credit shall follow the procedures for appeal as set forth in Subsection B above. The credit will only be for the impervious area that receives the benefit of the stormwater management. 1. That area which drains into an approved detention basin will be eligible for up to a fifteen (15) percent reduction. 2. That area which drains into an approved retention basin will be eligible for up to a thirty-five (35) reduction. 3. The credit methodology shall be an administrative policy as established by written report maintained in the Community Development Department of the Town. (Ord. No. 2003-30, § VI, 12-1-03) Chapter 11 – Public Works Section 5.06 Stormwater Drainage Utility Fund A. There is hereby established a Stormwater Drainage Utility Fund which may consist of one or more accounts. All Fees shall be deposited as collected and received into this fund and shall be used exclusively for the drainage services as stated in the Act which includes, but is not limited to the following: 1. Operation and maintenance of the system. 2. Funding of pollution abatement and peak flow attenuation devices constructed on stormwater systems discharging to the surface water of the city. 3. Administrative costs associated with the management of the system. 4. Payment of the debt service requirements on any outstanding Stormwater Drainage Revenue Bonds including any fees and expenses incidental thereto. 5. Engineering consultant fees. 6. Consultant studies necessary for preparation of the Stormwater Management Plan. B. The income derived from the operation of the system must be segregated and completely identifiable from other city accounts. Fees utilized solely for the cost of service, exclusive of any sums pledged to retire any outstanding indebtedness or obligation incurred, or any sum attributable to the funding of future improvement to the system, may be transferred to the Town general fund. (Ord. No. 2003-30, § VII, 12-1-03) Chapter 11 – Public Works Section 5.07 Exemption A. The following shall be exempt from the provisions of this Article or any other resolution, rules, or codes adopted by the Town pursuant to the Stormwater Drainage Code or this Article: 1. Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system; 2. Property held and maintained in its natural state, until such time that the property becomes Developed Property and all of the public infrastructure constructed has been accepted by the Town for maintenance; 3. A subdivided lot, until a structure has been built on the lot and a certificate of occupancy or the equivalent for residential properties has been issued by the Town. 4. A municipality. (Ord. No. 2003-30, § VIII, 12-1-03) Chapter 11 – Public Works Section 5.08 Penalty It shall be unlawful for any person to violate any provision of this Article, and any person violating or failing to comply with any provision hereof, shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. (Ord. No. 2003-30, § XII, 12-1-03) Chapter 11 – Public Works Article VI Stormwater Runofff Section 6.01 General Provisions A. Purpose The purpose of this Article is to safeguard persons, protect property, and prevent damage to the environment in the Town by regulating activities that may contaminate storm water runoff. This Article is intended to promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in the Town. This Article is also intended to provide for the health, safety, and general welfare of the citizens of the Town through the regulation of non-storm water discharges to the storm drainage system to the maximum extent practicable as required by Federal and State law. This Article establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the Texas Pollutant Discharge Elimination System (TPDES) permit process. The objectives of this Article are: 1. To manage storm water runoff from any development in order to reduce siltation, increases in stream temperature, streambank erosion, and maintain the integrity of stream channels; 2. Minimize increases in nonpoint source pollution caused by storm water runoff from development that would otherwise degrade local water quality; 3. Reduce soil erosion and nonpoint source pollution, wherever possible, through storm water management controls and to ensure that these management controls are properly maintained and pose no threat to public safety; 4. To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by storm water discharges by any user; 5. To prohibit illicit connections and discharges to the municipal separate storm sewer system; 6. To establish legal authority to carry out inspection, surveillance and monitoring procedures necessary to ensure compliance with this Article. B Applicability This Article shall apply to all areas of land within the incorporated limits and extraterritorial jurisdiction of the Town. This Article shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the Town. C. Disclaimer of Liability The erosion protection required by this Article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. This Article does not imply that erosion controls will survive inundation by runoff from storms greater than the design flood for erosion controls. This Article shall not create liability on the part of the Town, or any officer, employee, agent, or representative of the Town for any erosion or related damages that result from reliance on this Article, State or Federal law or regulation, or any administrative decision lawfully made pursuant Chapter 11 – Public Works hereto or pursuant to such State or Federal law or regulation. D. Scope Except where a waiver is granted; any person, firm, sole proprietorship, partnership, corporation, state agency, or political subdivision proposing a land-disturbing activity within the Town shall apply to the Town for the approval of the storm water pollution control plan and/or an erosion control plan, as applicable. No land shall be disturbed until the plan is approved by the Town and conforms to the standards set forth herein. (Ord. No. 2005- 04, § II, 3-21-05) Chapter 11 – Public Works Section 6.02 Definitions Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Article, shall have the meanings hereinafter designated. Appeal: A request for review or interpretation of any provision of this Article or a request for a waiver. Applicant: Any firm, entity, partnership, company, public utility company or individuals, who plan to clear, grub, fill, excavate, grade or otherwise remove the vegetative cover of land, or who plan to either subdivide land and install the appropriate infrastructure or renovate existing structures, shall become applicants for a development permit upon submission of the appropriate application materials. Belowground installations: Activity that causes excess sediment-laden water, concrete sawing wash water, wash water or drilling mud pumped from an excavation or structure and shall be treated as sediment-laden runoff for erosion control purposes. Best Management Practices (BMPs): Schedules of activities, prohibition of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of the municipal separate storm sewer system (MS4) and water of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Builder: A person, partnership or corporation engaged in clearing, grubbing, filling, excavating, grading, constructing a pad, installing service utility lines and/or constructing or placing a building(s) or other structure(s) on a lot or other type of tract of land that is owned by a third party or by the person, partnership or corporation, and that will not be further subdivided into other lots. Building: Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property. Cellar Dirt: Construction site waste materials, such as natural rock and soil overburden. CFR: Code of Federal Regulations. Channel: A natural or artificial stream with a definite bed and banks that conveys continuously or periodically flowing water. Channels are often further classified by their size and purpose. For example, there are primary and secondary channels based on size, but diversions, waterways and chutes are also channels. Channel Improvement: The improvement of the flow characteristics of a channel by clearing, excavating, realigning, lining or other means in order to increase its capacity. The term is sometimes used to mean channel stabilization. Channel Stabilization: Erosion prevention and stabilization of velocity distribution in a channel using jetties, drops, revetments, vegetation and other measures. Check Dam: A small dam constructed in a gully or other small watercourse to decrease the stream flow velocity, minimize channel scour and promote deposition of sediment. Clean Water Act: The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and any subsequent amendments thereto. Clearing: Any activity that removes the vegetative surface cover. Conduit: Any closed device for conveying flowing water. Chapter 11 – Public Works Construction Activity: Activities subject to NPDES or TPDES Construction Permits including but not limited to construction projects resulting in land disturbance of five thousand square feet or more. Such activities also include but are not limited to clearing and grubbing, grading, excavating, and demolition. Contaminated: Containing a harmful quantity of any substance. Contamination: The presence of or entry into a public water supply system, the MS4, waters of the state, or waters of the United States of any substance that may be deleterious to the public health and/or the quality of the water. Cosmetic Cleaning: Cleaning done for cosmetic purposes. It does not include industrial cleaning, cleaning associated with manufacturing activities, hazardous or toxic waste cleaning, or any cleaning otherwise regulated under federal, state, or local laws. Cover, Vegetative: All plants of all sizes and species found on an area, irrespective of whether they have forage or other value, but especially used to refer to vegetation producing a mat on or immediately above the soil surface. Temporary vegetative cover refers to the use of annual plants for the cover, while permanent vegetative cover refers to the use of perennial plants. Dedication: The deliberate appropriation of property by its owner for general public use. Designated Official: Employee, agent, or representative of the town of Trophy Club designated by the town Council and Town Manager for administration and enforcement of this Article. Designated Official: Employee, agent, or representative of the town of Trophy Club designated by the town Council and Town Manager for administration and enforcement of this Article. Detention Facility: A detention basin or alternative structure designed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates. Developer: A person, partnership, corporation or other entity who owns a tract of land and who is engaged in clearing, grubbing, filling, mining, excavating, grading, installing streets and utilities to be dedicated to or accepted by the Town and/or otherwise preparing that tract of land for the eventual division of the tract into one or more lots on which building(s) or other structure(s) will be constructed or placed. Development: Any manmade change to improved or unimproved real estate, including, but not limited to, adding buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, grading, clearing or removing the vegetative cover. Discharge: Any addition or introduction of any pollutant, storm water, or any other substance whatsoever into the municipal separate storm sewer system (MS4) or into waters of the United States. Discharger: Any person or entity who causes, allows, permits, or is otherwise responsible for, a discharge, including, without limitation, any operator of a construction site. Disturbance: Any operation or activity, such as clearing, grubbing, filling, excavating, mining, cutting, grading, or removing channel linings, which results in the removal or destruction of the protective cover of soil, including vegetative cover, channel linings, retaining walls, and slope protection. Disturbed Areas: Any area or tract of land in which a disturbance is occurring or has occurred but that has not been stabilized. Drainage Easement: A legal right granted by a landowner to a grantee allowing the use of private land for storm water management purposes. Chapter 11 – Public Works Drainage Way: Any channel that conveys surface runoff throughout the site. Environmental Protection Agency or EPA: The United States Environmental Protection Agency, or any duly authorized official of such agency. Erosion: The wearing away of land by action of wind and water. Erosion Control: Refers to methods employed to prevent erosion, to include soil stabilization practices, horizontal slope grading, temporary or permanent cover, and construction phasing. Facility: Any facility, including construction sites, required by the Federal Clean Water Act to have a permit to discharge storm water associated with construction activity. Final Approval: Completion of a project, site or building in accordance with Town of Trophy Club requirements and Codes. In the case of a building, the point at which a permanent certificate of occupancy is issued. Fire Code: The "Fire Prevention and Protection" Ordinances as adopted by the Town. Fire Department: Fire Services Division of the Department of Public Safety for Town of Trophy Club, or any duly authorized representative thereof. Fire Protection Water: Any water, and any substances or materials contained therein, used by any person other than the Fire Department to control or extinguish a fire. Gabion: A galvanized wire basket filled with stone for structural purposes. When fastened together, they may be used as retaining walls, revetments, slope protection and similar structures. Grading: Any stripping, cutting, excavation, filling, stockpiling of material or combination thereof that modifies the existing land surface contour. Grass: Any member of the botanical family Gramineae; herbaceous plants with bladelike leaves arranged in two ranks on a round to flattened stem. Common examples are fescue, Bermuda grass and Bahia grass. The term "grass" is sometimes used to indicate a combination of grass and legumes grown for forage or turf purposes. Harmful Quantity: The amount of any substance that will cause pollution of waters in the state, waters of the United States, or that will cause lethal or sub-lethal adverse effects on representatives, sensitive aquatic monitoring organisms belonging to the Town, upon their exposure to samples of any discharge into waters in the state, waters of the United States, or the MS4. Hazardous Materials: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Hotspot: An area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in storm water. Illegal Discharge: Any direct or indirect non-storm water discharge to the storm drain system, except as exempted by this Article. Illicit Connections: Either of the following: A. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge Chapter 11 – Public Works to enter the storm drain system including but not limited to any conveyances which allow any non- storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether such drain or connection had been previously allowed, permitted, or approved by an Designated Official; or B. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an Designated Official. Impervious Cover: Those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc.). Infiltration: The process of percolating storm water into the subsoil. 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. Landowner: The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land. Mulching: The application of plant or other suitable materials on the soil surface to conserve moisture, reduce erosion and aid in establishing plant cover. Municipal Separate Storm Sewer System (MS4): The system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures or storm drains) owned and operated by the Town and designed or used for collecting or conveying storm water, and which is not used for collecting or conveying sewage. National Pollutant Discharge Elimination System (NPDES): The national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under Sections 307, 402, 318, and 405 of the Federal Clean Water Act, as amended. Non-Point Source Pollution: Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, mining, construction, subsurface disposal and urban runoff sources. Non-Storm Water Discharge: Any discharge to the storm drain system that is not composed entirely of storm water. Notice Of Intent or NOI: The notice of intent that is required by the TPDES Storm Water Multi-Section general permit, the EPA Region 6 TPDES Storm Water Construction general permit. NPDES: The National Pollutant Discharge Elimination System. NPDES Permit: A permit issued by EPA (or by the state under authority delegated pursuant to 33 USC § 1342(b)), as amended, that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. Chapter 11 – Public Works Off-Site Borrow Area: A source of earth fill material used in the construction of embankments or other earth fill structures that is located on another parcel of property other than where the principal construction is occurring. Off-Site Facility: A storm water management measure located outside the subject property boundary described in the permit application for land development activity. Off-Site Sedimentation: Deposit of soil material beyond the limits of the property undergoing land- disturbing activity or in town streets, alleys or drainage facilities in an amount sufficient to constitute a threat to public safety and comfort. Off-Site Spoil Area: An area on another parcel of property, other than where the principal construction is occurring, where excess earth, rock or construction material is disposed of. On-Site Facility: A storm water management measure located within the subject property boundary described in the permit application for land development activity. Operate: Drive, conduct, work, run, manage, or control. Operator: The person or persons that either individually or taken together meet the following two criteria: (1) they have operational control over the site specifications (including the ability to make or authorize modifications in specifications); and (2) they have the day-to-day operational control of those activities at the site necessary to ensure compliance with SWPPP requirements and any permit conditions. This term includes but is not limited to Landowners, Developers, and Builders who have control or oversight. As used herein the term “control” shall include without limitation, actual control over details of the work, oversight, or payment responsibility for the work being performed. Perimeter Control: A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin. Permanent Erosion Controls: Stabilization of erosive or sediment-producing areas by the use of means or techniques that will provide protection against erosion losses for an indefinite time period. Permanent Erosion Control Devices: Devices or practices installed prior to Final Approval and maintained after Final Approval to prevent or minimize the erosion and deposit of soil materials. Such devices may include, but shall not be limited to, permanent seeding, sod, storm drain channels, channel linings, storm drain pipes, outlet velocity control structures and storm water detention structures. Permanent Ground Cover: Permanent vegetative cover on all bare soil areas of a property not covered by a permanent structure or landscaping improvements, including but not limited to, live sod, perennial grasses or other materials which lessen runoff and soil erosion on the property. Person: Any individual, partnership, co-partnership, firm, company, corporation, association, Joint Stock Company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, licensees, lessees, assigns, or employees and includes but is not limited to landowners, builders, and developers, as further defined in this Article. This definition also includes all Federal, State, and local governmental entities and their respective employees, agents, officers, and representatives. pH: The logarithm to the base 10 of the reciprocal of the concentration in grams per liter of hydrogen ions; a measure of the acidity or alkalinity of a solution, expressed in standard units. Phased occupancy: Use or inhabitation of a single structure or other portion of a project as such structure or portion thereof is completed, but before the project as a whole is fully completed and finally approved. Chapter 11 – Public Works Phasing: Clearing a parcel of land in distinct phases, with stabilization of each phase completed before the clearing of the next phase. Point Source: Any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff. Pollutant: Anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; dredged spoil; incinerator residue; sewage sludge; filter backwash; munitions; chemical wastes; biological materials; toxic materials; radioactive materials; heat; wrecked or discarded equipment; rock; sand; cellar dirt; and industrial, municipal, recreational, and agricultural waste discharged into water or into the municipal separate storm sewer system; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Pollution: The alteration of the physical, thermal, chemical, or biological quality of, or the contamination, of, any water of the state or water of the United States, that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. Premises: Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Related Land Area: Includes the property where the principal land disturbing activity is taking place, all adjacent property, off-site borrow areas, off-site spoil areas, off-site properties necessary for required utility extensions, and off-site areas for required street improvements. Release: Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into ground-water, subsurface soils, surface soils, the municipal separate storm sewer system (MS4), the waters of the state, or the waters of the United States. Responsible Party: A business entity, franchised utility company, developer, Landowner, Builder, contractor or holder of a building permit who is required to comply with the terms of this Article. Riprap: Broken rock, cobbles or boulders placed on earth surfaces, such as the face of a dam or the bank of a stream, for protection against the action of water. Runoff: That portion of the precipitation that makes its way toward stream channels or lakes as surface or subsurface flow. When the term "runoff" is used alone, surface runoff usually is implied. Sediment: Solid soil material, both mineral and organic, that is being moved or has been moved from its original site by wind, gravity, flowing water or ice. Also sometimes referred to as "silt" or "sand." Sediment Control: Measures that prevent eroded sediment from leaving the site. Site: A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation. Soil: The unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of plants. Chapter 11 – Public Works Stabilization: The use of practices that prevent exposed soil from eroding. Stabilized: To be protected from possible erosion losses, usually by the use of vegetative cover. Staging Area: An on-site or off-site location used by a contractor to store materials for a project, to assemble portions of equipment or structures, to store equipment or machinery, to park vehicles, or for other construction related uses. Start of Construction: The first land-disturbing activity associated with a development, including but not limited to land preparation such as clearing, grading, and filling; installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages. State: State of Texas. Stop Work Order: The suspension of all Town permits with no approvals or inspections of work for the site or project being performed and requiring that all construction activity on a site be stopped. Storm Drainage System: See municipal separate storm water system. Storm Water: Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Storm Water Discharge Permit: A permit issued by EPA (or by a state under authority delegated pursuant to 33 USC § 1342[b]), as amended, that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. Storm Water Management: The use of structural or non-structural practices that are designed to reduce storm water runoff pollutant loads, discharge volumes, peak flow discharge rates and detrimental changes in stream temperature that affect water quality and habitat. Storm Water Pollution Prevention Plan (SWPPP or SWP3): A plan to describe a process whereby a facility thoroughly evaluates potential pollutant sources at a site and selects and implements appropriate measures designed to prevent or control the discharge of pollutants in storm water runoff. A comprehensive program to manage the quality of storm water discharged to a municipal separate storm sewer system. Storm Water Runoff: Flow on the surface of the ground, resulting from precipitation. Storm Water Treatment Practices (STPs): Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing or reducing point source or nonpoint source pollution inputs to storm water runoff and water bodies. Temporary Erosion Protection: The stabilization of erosive or sediment-producing areas for a specific time period, usually during a construction job. Texas Commission on Environmental Quality (TCEQ): The Texas Commission on Environmental Quality, or any duly authorized official of such agency. Texas Pollutant Discharge Elimination System-TPDES: The program delegated to the state of Texas by the EPA pursuant to 33 USC § 1342(b), as amended. Town: Town of Trophy Club, Texas. Uncontaminated: Not containing a harmful quantity of any substance. Chapter 11 – Public Works USC: United States Code, as amended. Violation: The failure of a site or development to be fully compliant with this Article, state or federal law, or local, state, or federal regulation. Waiver: A grant of relief to a person from the requirements of this Article when specific enforcement would result in unnecessary hardship. A waiver, therefore, permits construction or development in a manner otherwise prohibited by this Article. Wastewater: Any water or other liquid, other than uncontaminated storm water, discharged from a facility. Water in the State: Ground-water, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, wetlands, marshes, inlets, canals inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, navigable or non-navigable, and including the bed and banks of all watercourses and bodies of surface water that are wholly or partially inside or bordering the state or inside the jurisdiction of the state. Waters of the United States: All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce; all interstate waters, including interstate wetlands; all other waters the use, degradation, or destruction of which would affect or could affect interstate wetlands; all other waters the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce; all impoundments of waters otherwise defined as waters of the United States under this definition; all tributaries of waters identified in this definition; all wetlands adjacent to waters identified in this definition; and any waters within the federal definition of "waters of the United States" at 40 CFR § 122.2, as amended; but not including any waste treatment systems, treatment ponds, or lagoons designed to meet the requirements of the federal Clean Water Act. Watercourse: Any permanent or intermittent stream or other body of water, either natural or manmade, which gathers or carries surface water any body of water, including, but not limited to lakes, ponds, rivers, streams, and/or bodies of water that may be delineated by the Town of Trophy Club. Waterway: A channel that directs surface runoff to a watercourse or to the public storm drain. Wetland: An area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (Ord. No. 2005- 04, § III, 3-21-05) Chapter 11 – Public Works Section 6.03 Conduct and Affirmative Defenses – Prohibited A. Discharge to MS4 Prohibited 1. A person commits an offense if the person introduces or causes to be introduced into the MS4 any discharge that is not composed entirely of storm water in violation of this Article or other applicable law. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. 2. A person commits an offense if the Person introduces or causes to be introduced into the MS4 any harmful quantity of any substance. The commencement, conduct, or continuance of any illegal discharge to the storm drain system is prohibited. B. Affirmative Defense 1. It is an affirmative defense to any enforcement action for a violation of subsection (a) that the discharge was composed entirely of one or more of the following categories of discharges: a. A discharge authorized by, and in full compliance with, a TPDES permit (other than the TPDES permit for discharges from the MS4); b. A discharge or flow resulting from fire fighting by the fire department; c. A discharge or flow of fire protection water that does not contain oil or hazardous substances or materials that the Fire Code requires to be contained and treated prior to discharge, in which case treatment adequate to remove harmful quantities of pollutants must have occurred prior to discharge; d. Agricultural storm water runoff; e. A discharge or flow from water line flushing or disinfection that contains no harmful quantity of total residual chlorine (TRC) or any other chemical used in line disinfection; f. A discharge or flow from lawn watering, or landscape irrigation; g. A discharge or flow from a diverted stream flow or natural spring; h. A discharge or flow from uncontaminated pumped groundwater or rising groundwater; i. Uncontaminated groundwater infiltration (as defined as 40 CFR § 35.2005(20)) to the MS4; j. Uncontaminated discharge or flow from a foundation drain, crawl space pump, or footing drain; k. A discharge or flow from a potable water source not containing any harmful substance or material from the cleaning or draining of a storage tank or other container; l. A discharge or flow from air conditioning condensation that is unmixed with water from a cooling tower, emissions scrubber, emissions filter, or any other source of pollutant; m. A discharge or flow from individual residential car washing; Chapter 11 – Public Works n. A discharge or flow from a riparian habitat or wetland; o. A discharge or flow from cold water (or hot water with prior permission of the Designated Official used in street washing or cosmetic cleaning that is not contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant, or any other harmful cleaning substance; p. Drainage from a private residential swimming pool containing no harmful quantities of chlorine or other chemicals. Drainage from swimming pool filter backwash is prohibited; or q. A discharge of flow of uncontaminated storm water pumped from an excavation. 2. No affirmative defense shall be available if: a. The discharge or flow in question has been determined by the Designated Official to be a source of a pollutant or pollutants to the waters of the United States or to the MS4; b. Written notice of such determination has been provided to the discharger; c. The discharge has continued after the expiration of the time given in the notice to cease the discharge. C. Connection of Sanitary Sewer Prohibited 1. A person commits an offense if the person connects a line conveying sewage to the MS4, or allows such connection to continue. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (Ord. No. 2005- 04, § IV, 3-21-05) Chapter 11 – Public Works Section 6.04 Nuisances A. An actual or attempted discharge to the MS4 that violates this Article or other applicable law is hereby declared to be a nuisance and is prohibited by this Article. A line conveying sewage or designed to convey sewage that is connected to the MS4 is declared to be a nuisance and is therefore prohibited by this Article. B. It shall be unlawful and an offense and shall constitute a nuisance for any person owning or having control of real property within the Town to suffer or permit soil, mud, rock or debris to wash, slide, erode or otherwise be moved from said real property onto streets, alleys, utility facilities, rights-of- way or easements. It shall be the duty of each Person owning or having control thereof to prevent soil, mud, rock or debris from such real property being deposited or otherwise transported onto the streets, alleys, utility facilities, rights-of-way or easements of the Town and to inspect such property and acquaint themselves with the conditions existing and to remedy any conditions likely or calculated to allow soil, mud, rock or debris to wash, slide, erode or otherwise be transported onto the streets, alleys, utility facilities, rights-of-way or easements and failure to do so shall be deemed criminal negligence for the purpose of the offense described herein. (Ord. No. 2005- 04, § V, 3-21-05) Chapter 11 – Public Works Section 6.05 Runoff From Construction Activity A. Applicability This section applies to all construction and/or land disturbing activities that exceed five thousand square feet in area, either alone or as part of a larger development, in the Town of Trophy Club, or its extraterritorial jurisdiction. The provisions of this section shall apply to all Persons filling, grading, excavating or otherwise conducting land-disturbing activities or causing directly or ordering land- disturbing activities to occur within the Town, whether they be contractors, subcontractors, supervisors, inspectors, managers, agents, employees or otherwise. This section shall apply regardless of whether a Person is required to obtain a permit from the Town in order to conduct such land-disturbing or construction activity. B. Responsibilities All Persons shall be accountable for any erosion of their property or construction site, whether such property is owned or otherwise under the direct or indirect control of such Person, when the result of such activity is the accumulation of sediment in dedicated streets, alleys, any waterway or other private properties. Any accumulation or deposit of soil material beyond the limits of such premises or in Town streets, alleys or drainage facilities or other private property in an amount sufficient to constitute a threat to public safety and comfort as determined by the Designated Official, shall constitute a violation of this Article. All Persons shall be responsible for all cleanup operations incidental to or related to land-disturbing activity under their direct or indirect ownership or control. Cleanup responsibilities shall include, without limitation, the leveling, establishment of ground cover, erosion control and removal of all trash or other materials not suitable for fill including those deposited on streets, alleys, utility facilities, rights-of-way or easements or such other remedial action as determined appropriate by the Designated Official in order to protect the public safety and welfare. Every landowner of premises through which a watercourse passes, including such person’s lessee, licensee, agent, or assign shall keep and maintain that part of the watercourse within the premises free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, such landowner shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse or disrupt the natural flow of water through the watercourse. C. Remedial Action Authorized If a Person fails in any respect to fulfill the requirement of this Article, the Designated Official may go upon the Person’s property and perform such work as may be necessary to fulfill such requirements and may level, establish ground cover, construct erosion control, remove all soil, rock, debris and other materials not suitable for fill including those deposited on streets, alleys, utility facilities, rights- of-way or easements, at the Person’s expense and charge same against the Person’s deposit. If a deposit has not been made with the Town, or if the cost incurred by the Town exceeds the amount of the deposit, the Town may bill such person for the unpaid expenses and if the person fails to pay the Town for such expenses within thirty days of being billed for same, the Town shall have the right to place a lien on the Land property which shall be filed with the county clerk for all amounts expended by the Town in excess of the deposit plus interest at the current lawful rate. D. Permits Required Chapter 11 – Public Works 1. Grading Permits a. No person shall undertake any land-disturbing activity for an area that exceeds five thousand square feet without first obtaining a grading permit from the Town of Trophy Club. No landowner shall knowingly permit another person to fill, grade, excavate or otherwise disturb the surface of real property within the Town without first having secured a permit from the Town. b. No grading permit is required for the following activities: i. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources; or ii. Existing nursery and agricultural operations conducted as a permitted main or accessory use. 2. Storm Water Pollution Prevention Plans and Erosion Control a. No person shall be granted a grading permit for a land-disturbing activity that would require the uncovering of five thousand or more square feet without the approval of either an erosion control plan and/or storm water pollution prevention plan as determined necessary by the Designated Official by the Town of Trophy Club. b. Inspections of storm water pollution prevention plan’s measures. At a minimum, such inspections shall be done weekly by the developer, or the developer’s designated representative, and within twenty-four (24) hours after every storm or snow melt event large enough to result in runoff from the site (approximately 0.25 inches or more in twenty-four (24) hours). At a minimum, these inspections shall be done during active construction and all inspections shall be logged/recorded into Plan. c. Submission of NOI to Town A Person performing land-disturbing activities to include construction projects that disturbs five (5) or more acres is required to have a TPDES permit to discharge storm water associated with construction activity and such Person shall submit a copy of the Notice of Intent (NOI) to the Town at the same time the Person submits the original NOI to TCEQ. The copy of the NOI may be delivered to the Town, either in person or by mailing it to: Town of Trophy Club Community Development Department Notice of Intent to Discharge Storm Water 100 Trophy Club Drive Trophy Club, Texas 76262 d. Submission of Site Notice to Town A Person performing land-disturbing activities to include construction projects that will disturb one (1) or more acres, but less than five (5) acres, including the larger common plan of development, is required to have a TPDES permit to discharge storm water associated with such land-disturbing activity and construction and shall submit a copy of the Site Notice to the Town at the same time such Person completes and posts said site notice at the construction site. The copy of the Site Notice may be delivered to the Town, either in person or by mailing it to: Chapter 11 – Public Works Town of Trophy Club Community Development Department Site Notice to Discharge Storm Water 100 Trophy Club Drive Trophy Club, Texas 76262 (Ord. No. 2005- 04, § VI, 3-21-05) Chapter 11 – Public Works Section 6.06 Erosion Control Deposit Account A. Erosion Control Deposit Account In addition to the other requirements of this Article, when construction or land-disturbing activities are conducted as part of a subdivision project, the following shall apply: 1. Erosion Control Deposit Account. Prior to approval of the grading permit, the Person making application for such permit shall submit an erosion control plan for approval by the Town and shall pay an erosion control deposit to the Town in an amount established by Town Council. The deposit shall be posted to ensure implementation and continued maintenance of the Town-approved erosion control plan for the development as required by this Article. No inspection of any type may be performed on a project or portion thereof until the responsible party implements a Town-approved erosion control plan. 2. Final Acceptance Permanent erosion control devices, and when applicable, temporary erosion control devices, as specified in the approved erosion control plan shall be properly installed and maintained prior to final acceptance of a subdivision. The landowner for such subdivision shall continue to maintain all temporary erosion control devices until permanent erosion control has been established on all those lots within the subdivision for which a building permit has not been issued. 3. Transfer of Property by Developer If the landowner sells all of the lots in a subdivision that purchaser becomes the Responsible Party for the subdivision, is liable for compliance with this Article and for violations of this Article, and shall post an erosion control deposit as required by this Article. The balance remaining in the original account shall be released as provided herein upon the submission of written proof of transfer of lots or a new erosion control deposit by the purchaser. As required by this Article, the new Landowner shall post an erosion control deposit with the Town. 4. Deductions from Erosion Control Deposit Account/Stop Work Orders/ Citation The Town will inspect the erosion control devices located at a site for compliance with the approved erosion control plan. If a landowner fails to implement or maintain erosion control devices as specified in the approved erosion control plan, Town shall provide such Person with written notice of noncompliance identifying the nature of the noncompliance. Such notice shall also inform the Person of the circumstances under which a deduction from his deposit account will be made and the time frame for the filing of an appeal of such action by Town. The Person shall have twenty-four (24) hours to bring his erosion control devices into compliance with the approved erosion control plan for the site to which notice of noncompliance was issued. Correction shall include sediment cleanup, erosion control device repair, erosion control device maintenance and/or installation of additional erosion control devices to prevent re-occurrence of the violation. The twenty-four (24) hour cure period may be extended for inclement weather or other factors at the discretion of the Designated Official. At the end of the twenty-four (24) hour cure period, Town shall re-inspect the site and shall deduct a re-inspection fee as set by the Town Council from the Person’s erosion control deposit account. If at the time of such re-inspection, the erosion control devices at the site have not been brought into compliance with the approved erosion control plan, Town may issue a stop work order for each violation of this Article. All deductions from a Person’s Chapter 11 – Public Works erosion control deposit account may be appealed as provided in this Article. 5. Erosion Control Deposit Account Balance--Deposit Refund a. Upon determination by the Designated Official that no further hazard of erosion, silting, or debris being deposited on streets, alleys, utility facilities, rights-of-way or easements exists by reason of the condition of land for which a deposit is made, so much of such deposit that is not required to reimburse the Town for the expense of removal of soil, mud, rock, and debris from its streets, alleys, utility facilities, rights-of-way or easements by reason of work performed on such land shall be refunded. The reasonable charge of such removal by the Town shall be billed to depositor. b. Upon the sale of a lot or lots by a Landowner who has an erosion control deposit, the Town shall refund a pro-rata portion of the erosion control deposit less any amount for costs incurred by the Town in enforcing the requirements of this Article with regard to the lot or lots sold. 6. Erosion Control Deposits Erosion control deposits posted pursuant to the requirements of this Article shall not accrue interest. B. Land-Disturbing Activities Associated with Construction on a Single Residential Lot When land-disturbing activities are conducted on a residential lot for which a building permit must be issued, the Person to whom the building permit is issued shall comply with the following: 1. Erosion Control Plan Prior to approval of a building permit for a residential lot by the Town, the Person obtaining the building permit shall submit an erosion control plan for approval by the Town. No inspection may be performed on a project until a town-approved erosion control plan is implemented. 2. Stop Work Order/Citation The Town shall inspect the erosion control devices located at a site for compliance with the approved erosion control plan submitted for such site. If a Person fails to implement or maintain erosion control devices as specified in the approved erosion control plan, the Town shall provide such Person with written notice of noncompliance identifying the nature of such noncompliance. Such Person shall have twenty-four (24) hours to bring the erosion control devices into compliance with the intent of the approved erosion control plan for the site where the violation occurred. Modifications to the approved erosion control plan may be required to maintain all sediment on-site. Correction shall include, without limitations, sediment cleanup, erosion control device repair, erosion control device maintenance, and/or installation of additional erosion control devices to prevent re-occurrence of the violation. The twenty-four (24) hour cure period may be extended for inclement weather or other factors at the discretion of the Designated Official. If the intent of the approved control plan (maintaining sediment on- site) is not met, then such Person shall take action within twenty-four (24) hours to control soil eroding from the site and cleanup any sediment and shall have one (1) week to submit a new erosion control plan. Work may continue during the review period. Implementation of this plan will be required within twenty-four (24) hours of plan approval by the Designated Official. If no plan is submitted within one week, then construction activities shall be halted until a new plan is submitted and approved. At the end of the twenty-four (24) hour cure period, the Town shall re-inspect the site and may assess a re-inspection fee. If at the time of such re-inspection, the Chapter 11 – Public Works erosion control devices at the site have not been brought into compliance with the approved erosion control plan, the Town may issue a stop work order and issue a citation for each violation of the Town’s erosion control requirements. When a stop work order has been issued, a re-inspection fee shall be assessed. To obtain a re-inspection for removal of the stop work order, a request must be submitted and a re-inspection fee as set by the Town Council, shall be paid. C. Storm Water Pollution Prevention Plan Requirements 1. Storm water pollution prevention plans shall be prepared in accordance with the requirements of the "iSWM Design Manual for Construction Activities," North Central Texas, latest edition, as published by the North Central Texas Council of Governments. Each erosion control plan required by this Article shall clearly identify all erosion and sediment control measures to be installed and maintained throughout the duration of the project for which that plan is submitted. Cut and fill slopes shall be no greater than 2:1, except as approved by Town of Trophy Club to meet other community or environmental objectives. A Person shall install and maintain erosion control devices in accordance with the town-approved erosion control plan as required by this Article. 2. Modifications to a plan may be authorized by the Town by written authorization to the Person, and may include: a. Major amendments of the erosion and sediment control plan submitted to the Town, and/or b. Field modifications of a minor nature. 3. Off-Site Borrow, Spoil and Staging Areas Where applicable, off-site borrow areas, spoil areas and construction staging areas shall be considered as part of the project site and included as part of the disturbed land area and shall be subject to the regulation of this Article. 4. Related Land Areas The erosion control requirements of this Article shall apply to all related land areas. Additionally, when land-disturbing activity occurs on premises, all disturbed land areas related to the premises shall have permanent erosion control measures established before final occupancy of structures located thereon or final acceptance of the subdivision may be obtained. This section applies whether or not a building permit is required. 5. Belowground Installations All discharges resulting from belowground installations shall be passed through Town- approved erosion control devices or removed from the site for proper disposal. 6. Erosion Control Plan Implementation and Compliance: Each Person shall implement and maintain the erosion control measures shown on his approved erosion control plan in order to minimize erosion and the transport of silt, earth, topsoil, etc., by water runoff or construction activities, beyond the limits of the Person’s site onto Town streets, drainage easements, drainage facilities, storm drains or other Town property prior to beginning any land-disturbing activity. 7. General Guidelines for Erosion Control Plans and Implementation. Chapter 11 – Public Works a. Maximum use shall be made of vegetation to minimize soil loss. b. Natural vegetation should be retained wherever possible. c. Where inadequate natural vegetation exists, or where it becomes necessary to remove existing natural vegetation, temporary controls should be installed promptly to minimize soil loss and ensure that erosion and sedimentation does not occur. d. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. e. Wherever possible during construction, erosion controls should be used on hillsides to slow drainage flow rate. f. Erosion control elements should be implemented as soon as practical in the development process. g. Waste or disposal areas and construction roads should be located and constructed in a manner that will minimize the amount of sediment entering streams. h. Frequent fording of live streams will not be permitted; therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossings are necessary. i. When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the sediment transport into a stream. j. Should preventative measures fail to function effectively; a Person shall act immediately to bring the erosion and/or siltation of premises under his ownership or control under control by whatever additional means are necessary. k. Erosion control devices shall be placed to trap any losses from stockpiled topsoil. l. The selection and timing of the installation of erosion controls shall be based upon weather and seasonal conditions that could make certain controls not practicable. m. Vegetation used for vegetative cover shall be suitable for local soil and weather conditions. Ground cover plants shall comply with listings from the Texas Agricultural Extension Service for North Central Texas. n. Runoff shall be diverted away from construction areas as much as possible. o. Stripping of vegetation from project sites shall be phased so as to expose the minimum amount of area to soil erosion for the shortest possible period of time. Phasing shall also consider the varying requirements of an erosion control plan at different stages of construction. Phasing shall be required on all sites disturbing greater than thirty acres, with the size of each phase to be established at plan review and as approved by the Town as determined appropriate by the Town Engineer. Chapter 11 – Public Works p. Developers, builders, or owners of property shall install all utilities, including franchise utilities, before final acceptance of a subdivision, property and/or structure. Final acceptance will also be contingent upon having all necessary erosion control measures installed to minimize off-site sediment. A site may be accepted without erosion control measures if perennial vegetative cover is actively growing at the discretion of the Town’s designated official. q. Silt fencing in place longer that sixty (60) days and silt fencing placed on slopes shall be wire-backed. 8. Erosion control requirements shall include the following: a. Stabilization Requirements: Any area of land from which the natural vegetative cover has been either partially or wholly cleared or removed by development activities shall be re-vegetated within fourteen (14) days from the substantial completion of such clearing and construction. The following criteria shall apply to re-vegetation efforts: i. Reseeding must be done with an annual or perennial cover crop accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until such time as the cover crop is established over ninety percent (90%) of the seeded area. ii. Replanting with native woody and herbaceous vegetation must be accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion. iii. Any area of re-vegetation must exhibit survival of a minimum of seventy-five percent (75%) of the cover crop throughout the year immediately following re- vegetation. Re-vegetation must be repeated in successive years until the minimum seventy-five percent (75%) survival for one (1) year is achieved. b. Special techniques that meet the design criteria outlined in the "Design Manual for Construction” published by the North Central Texas Council of Governments on steep slopes or in drainage ways shall be used to ensure stabilization. c. Soil stockpiles must be stabilized or covered at the end of each workday. d. The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season. e. Techniques shall be employed to prevent the blowing of dust or sediment from the site. f. Techniques that divert upland runoff past disturbed slopes shall be employed. 9. Sediment control requirements shall include: a. Settling basins, sediment traps, or tanks and perimeter controls. b. Settling basins that are designed in a manner that allows adaptation to provide long- term storm water management, if required by the Town of Trophy Club. c. Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls. Chapter 11 – Public Works 10. Waterway and watercourse protection requirements shall include: a. A temporary stream crossing installed and approved by the Town of Trophy Club if a wet watercourse will be crossed regularly during construction. b. Stabilization of the watercourse channel before, during, and after any in-channel work. c. Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels. d. Restrict clearing within twenty-five (25) feet of waterway. 11. Construction site access requirements shall include: a. A temporary access road provided at all sites. b. Other measures required by the Town of Trophy Club in order to ensure that construction vehicles do not track sediment onto public streets or washed into storm drains. 12. Erosion Hazard Setbacks a. Erosion hazard setback determinations will be made for every stream in which natural channels are to be preserved. Natural channel banks will be protected by use of the determined setbacks unless a plan to stabilize and protect stream banks is approved by the Designated Official. E. Certificated Telecommunication Providers and Franchised Utility Companies Subject to the terms of its franchise agreement with the Town, including but not limited to terms regarding permits, a certificated telecommunication providers and a franchised utility company (hereinafter collectively referred to as “Utility”) engaging in land-disturbing activities within the Town of Trophy Club shall comply with the following: 1. Erosion Control Plan Prior to beginning any land-disturbing activity or upon the effective date of this Ordinance, an erosion control plan shall be submitted for approval by the Town. 2. Stop Work Order/Citation The Town Designated Official shall inspect the erosion control devices located at a site for compliance with the approved erosion control plan submitted for such site. If a Utility fails to implement or maintain erosion control devices as specified in the approved erosion control plan, the Town shall provide such party with written notice of noncompliance identifying the nature of such noncompliance. The Utility shall have twenty-four (24) hours to bring his erosion control device(s) into compliance with the approved erosion control plan for the site where the violation occurred. Correction shall include sediment cleanup, erosion control device repair, and erosion control device maintenance. The twenty-four (24) hour cure period may be extended for inclement weather or other factors at the discretion of the inspector. Chapter 11 – Public Works At the end of the twenty-four (24) hour cure period, the Town shall re-inspect the site. If at the time of such re-inspection, the erosion control devices at the site have not been brought into compliance with the approved erosion control plan, the Town may issue a stop work order and issue a citation for each violation of the approved erosion control plan for said site. To obtain a re-inspection for removal of the stop work order, a request for re-inspection must be submitted along with payment of a re-inspection fee as set by Town Council. F. Removal of Erosion Control Devices Upon final occupancy or upon establishing permanent ground cover on a lot, all temporary erosion control devices shall be removed. Failure to do so shall be a violation of this Article. (Ord. No. 2005- 04, § VII, 3-21-05) Chapter 11 – Public Works Section 6.07 Maintenance and Repair of Storm Water Facilities A. Inspection and Maintenance Associated with Construction Runoff BMPs All persons subject to the requirements of this Article shall maintain the required erosion and sediment control devices in a clean and operational state. Such person shall inspect each erosion and sediment control device after each rainfall event that exceeds one-half inch (½”) in twenty-four (24) hours, or every fourteen (14) calendar days, whichever occurs first. Such person shall repair, replace, or remove sediment as necessary. Such person shall also comply with any maintenance or repair directive given by the Town’s inspector. Failure to comply with a Town directive may result in deductions from the erosion control deposit account or stop work orders as provided by this Article. B. Records of Installation Persons responsible for the operation of a storm water management facility shall make records of the installation and repairs, and shall retain the records for at least two (2) years. These records shall be made available to the Town during inspection of the facility and at other reasonable times upon request. (Ord. No. 2005- 04, § VIII, 3-21-05) Chapter 11 – Public Works Section 6.08 Administration and Enforcement A. Town Responsibilities 1. Authority The Designated Official is authorized to administer, implement, and enforce the provisions of this Code, include but not limited to all administrative guidelines, regulations, and interpretations of this Article. The Town shall administer, implement, and enforce the provisions of this Article. Any powers granted or duties imposed upon the Designated Official may be delegated in writing by the Designated Official to persons or entities acting in the beneficial interest of or in the employ of the Town. 2. Inspections Inspection programs may be established on any reasonable basis, including but not limited to, routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the NPDES storm water permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other storm water treatment practices. All inspections of the storm water management facility shall be documented and written reports prepared that contain the following information: a. The date and location of the inspection; b. Whether construction is in compliance with the approved storm water pollution prevention plan; c. Variations from the approved construction specifications; d. Any violations that exist. If any violations are found, the Person shall be notified in writing of the nature of the violation and the required corrective actions. No added work shall proceed until any violations are corrected and all work previously completed has received approval by the Town. 3. Right-of-Entry for Inspection When any new drainage control facility is installed on private property, or when any new connection is made between private property and a public drainage control system, sanitary sewer or combined sewer, the property owner shall grant to the Town the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this Article is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this Article. Chapter 11 – Public Works B. Minimum Standards The standards set forth herein and promulgated pursuant to this Article are minimum standards; therefore this Article does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants. It shall be the responsibility of all Person subject to this Article to secure all other regulatory permits associated with developmental drainage improvements. These include but are not limited to U.S. Corps of Engineer 404 permits, Texas Commission on Environmental Quality permits, and U.S. Environmental Protection Agency discharge permits. Such person shall notify the Town in advance before the commencement of construction. C. Enforcement and Penalties 1. Violations It shall be an offense for a any Person subject to this Article to violate any of the requirements of this Article, including, but not limited to, the following: a. Conducting any land-disturbing or construction activity without an approved erosion control plan for the location where the violation occurred. b. Failing to install erosion control devices or to maintain erosion control devices throughout the duration of land-disturbing activities, in compliance with the approved erosion control plan for the location where the violation occurred. c. Failing to remove off-site sedimentation that is a direct result of land disturbing activities where such off-site sedimentation results from the failure to implement or maintain erosion control devices as specified in an approved erosion control plan for the location where the violation occurred. d. Allowing sediment-laden water resulting from belowground installations to flow from a site without being treated through an erosion control device. e. Failing to repair damage to existing erosion control devices, including replacement of existing grass or sod. f. Failing to comply with any express provision of this Article or of State or Federal law or regulation. 2. Proceeding Without Applicable Permits Any Person who fails to obtain a development permit before beginning construction is in violation of this Article. In addition to the penalties outlined in this Article; no building permit, plat, site plan, certificate of occupancy or other use permit shall be issued for any construction, reconstruction or development upon any land where such construction, reconstruction or development is not in conformity with the requirements and intent of this Article. Anyone who violates any of the terms and provisions of this Article shall be denied the use permit until the violation is corrected. Any development activity that is commenced or is conducted contrary to this Article may be restrained by injunction or otherwise abated in a manner provided by law. Chapter 11 – Public Works 3. Notice of Violation Written notice of violation shall be given to the responsible Person or his job site representative as identified in the erosion control plan for a site. Such notice shall identify the nature of the alleged violation and the action required to obtain compliance with the approved erosion control plan. 4. Stop Work Orders Persons receiving a notice of violation will be required to halt all construction activities. This "stop work order" will be in effect until the Town of Trophy Club confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this Article or other State or Federal law. 5. Criminal Penalties Any person, firm, or corporation performing land-disturbing activities and/or violating any of the provisions or terms of this Article and not complying within the time periods stated in this document shall be deemed guilty of a Class C misdemeanor and, upon conviction thereof, be subject to a fine not exceeding five hundred dollars ($500.00) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. 6. Restoration of Lands Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town may take necessary corrective action, the cost of which shall become a lien upon the property until paid. 7. Holds on Occupancy Permits Occupancy permits will not be granted until a correction to all storm water practices have been made and accepted by the Town. D. Appeal and Waiver Procedures 1. Appeals Any person aggrieved by a decision of the Designated Official or requesting a waiver of any of the regulations may appeal from any order, requirement, decision or determination of the Designated Official to the Planning and Zoning Commission (“Commission”). The aggrieved person shall file an appeal in writing with the Commission within ten (10) days from the date of the decision. If no resolution of the appeal can be reached with the Commission, the Town Council shall hear the appeal within thirty (30) days from the date received by the Commission. 2. Waivers Waivers for any type of permit or storm sewer facilities shall be issued only upon a determination that the waiver is the minimum necessary to afford relief considering the flood hazard, drainage problems and soil loss. The waiver shall be issued only upon meeting all three of the criteria listed below: a. A showing of good and sufficient cause; Chapter 11 – Public Works b. A determination that failure to grant the waiver would result in exceptional hardship to the applicant, including an exceptional hardship created by the applicability of the effective date to the application for a permit; and c. A determination that the granting of a waiver will not result in additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws. In considering waiver requests, the Commission and the Town Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Article. Upon consideration of the relevant factors and the purposes of this Article, the Planning and Zoning Commission may attach such conditions to the granting of waivers, as it deems necessary to further the purposes of this Article. (Ord. No. 2005- 04, § IX, 3-21-05) Chapter 11 – Public Works Section 6.09 Penalty It shall be unlawful for any person to violate any provision of this Article, and any person violating or failing to comply with any provision of this Article shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day or part of a day, during or on which a violation occurs or continues. (Ord. No. 2005- 04, § XIV, 3-21-05) Chapter 11 – Public Works Article VI Septic Tanks Section 7.01 Construction It shall be unlawful for any person to build, construct, dig, install, maintain or use any dry toilet, surface privy, cesspool or septic tank within the Town; provided, however, when connection to the Town’s sanitary sewer system is impossible or impractical at any time, the construction, maintenance and use of a septic tank constructed in conformity to state, county and local law and approved by the building inspector may be permitted until such time as connection to the sewer system may be made. (Ord. No. 85-19, § I, 6-24-85) Chapter 11 – Public Works Section 7.02 Exemption This Article shall not apply to those septic tanks which are in place at the time of the passage of this Article, provided that they presently meet and maintain and continue to meet and maintain all the provisions as provided by State law. (Ord. No. 85-19, § II, 6-24-85) Chapter 11 – Public Works Section 7.03 Penalty Any person, firm, corporation or association who shall fail to comply with the provisions as set forth in the preceding sections shall be subject to a fine, upon conviction in the municipal court, not to exceed Five Hundred Dollars ($500.00), and each and every day that the premises shall remain in such condition in violation of the terms of this article shall constitute a separate offense, subject to application of the full penalty contained herein. (Ord. No. 85-19, § I, 6-24-85, Amended by Ord. No. 98-29, § 8, 10-20-98) Chapter 12 – Subdivision Rules & Regulations Chapter 12 – Subdivision Rules and Regulations Code of Ordinances Cross Reference: (Subdivision Regulation), Chapter 1, § 1.08 Chapter 12 – Subdivision Rules & Regulations Article I General Provisions and Requirements Section 1.01 Title This Ordinance shall be known and cited as “The Town of Trophy Club Subdivision Regulations". References herein to “Regulations” or “Subdivision Regulations” shall mean The Town of Trophy Club Subdivision Regulations. Chapter 12 – Subdivision Rules & Regulations Section 1.02 Authority This ordinance is adopted pursuant to the authority of the Constitution and laws of the State of Texas, as promulgated by Chapter 212 of the Texas Local Government Code, as heretofore, or hereafter amended. Chapter 12 – Subdivision Rules & Regulations Section 1.03 Purpose A. In order to achieve orderly, efficient and environmentally sound subdivision of land, the Town of Trophy Club must be provided with appropriate guidelines and development management mechanisms. These Subdivision Regulations, in conjunction with any other land use control tool as now or hereafter may be adopted by the Town, provide those guidelines and mechanisms. With this in mind, it is the nature, intent, and stated purpose of these Subdivision Regulations to: 1. Protect and provide for the public health, safety, and general welfare of the Community and the safe, orderly and healthful development of the municipality. 2. Guide the future growth and development of the community, in accordance with the Comprehensive Land Use Plan and adopted development policies. 3. Guide public and private development in order to ensure orderly layout and use of land, and to ensure adequate transportation, utilities, parks and other public requirements and facilities. 4. Provide for open spaces, and prevent overcrowding of land, undue congestion of populations and congestions of streets. 5. Establish reasonable standards of design and procedures for the subdivision of land in order to further the orderly layout and use of land. 6. Ensure that public improvements are available and have sufficient capacity to serve the proposed subdivision. 7. Preserve the natural beauty and topography of the Town and to ensure appropriate development with regard to trees and other natural features. 8. Provide for open spaces through the most efficient design and layout of land. 9. Protect and preserve the character and value of land throughout the Town and the value of buildings and improvements upon the land. Chapter 12 – Subdivision Rules & Regulations Section 1.04 Conditions Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the State to the Town. The developer and/or subdivider has the duty of compliance with reasonable conditions laid down by the Town Planning and Zoning Commission for design, dedication, improvement, and restrictive use of the land so as to conform to the physical and economic development of the Town and to the safety and general welfare of the future land owners in the subdivision and of the community at large. Chapter 12 – Subdivision Rules & Regulations Section 1.05 Jurisdiction From and after the date of its adoption, this ordinance shall govern all subdivision of land within the corporate limits of the Town and to the extent of the Town's extraterritorial jurisdiction, as provided by law. Chapter 12 – Subdivision Rules & Regulations Section 1.06 Consistency with Plans and Ordinances It is the intent of the Town Council of the Town of Trophy Club that these Subdivision Regulations shall be consistent with the adopted Comprehensive Land Use Plan, Comprehensive Zoning Ordinance, and any supplemental land use and community development policies that may be adopted by the Town Council. No plat or subdivision of land within the Town or outside the Town boundaries as provided by law shall be approved unless it conforms to such Plans, Policies, and Ordinances. Chapter 12 – Subdivision Rules & Regulations Section 1.07 Special Provisions A. Provision of Streets or Public Utility Services The Town shall not repair, maintain, install, or provide any streets or allow the provision of public utility services in any subdivision for which a Final Plat has not been approved and filed of record, nor in which the standards contained herein or referred to herein have not been complied with in full. B. Sale and Supply of Utility Services The Town shall not permit the sale, supply or approval of any utility service within a subdivision for which a Final Plat has not been approved and filed of record, nor in which the standards contained herein or referred to herein have not been complied with in full. C. Permits The provisions of this Section shall not be construed to prohibit the issuance of permits for any lots upon which a building exists and was in existence prior to the passage of the Subdivision Regulations of the Town of Trophy Club, adopted June 8, 1987, nor to prohibit the repair, maintenance, or installation of any street by the Town of Trophy Club or public utility services by the Town of Trophy Club, by those subject to the right-of-way ordinance or by those holding a valid franchise thereunder, for, to or abutting any lot, the last recorded conveyance of which was by metes and bounds prior to June 8, 1987, and/or any subdivision, or lot therein, recorded, which subdivision was recorded and in existence prior to June 8, 1987. Chapter 12 – Subdivision Rules & Regulations Section 1.08 Interpretation / Conflict A. The interpretation and application of the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. B. Conflict with Public and Private Provisions 1. Public Provisions: These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law, except as expressly repealed by this Ordinance. Where any provision of these regulations imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the provision that is more restrictive or imposes a higher standard shall control. 2. Private Provisions: These regulations are not intended to abrogate any easement, covenant, or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of theses regulations shall govern. Where the provisions of the easement, covenant, or other private agreement or restriction imposes duties and obligations more restrictive or higher standards than the requirements of these regulations, then such private provisions shall control. Chapter 12 – Subdivision Rules & Regulations Section 1.09 Amendments For the purpose of protecting the public health, safety, and general welfare, the Town Council may from time to time amend the provisions imposed by these Subdivision Regulations. Amendments shall be made in accordance with the requirements of applicable law. Chapter 12 – Subdivision Rules & Regulations Article II Definitions Section 2.01 General For the purposes of these Regulations, the following terms, phrases, words, and their derivations shall have the meaning ascribed to them in this Section. Any office referred to in these Regulations by title means the person employed or appointed by the Town in that position, or his/her duly authorized representative. Chapter 12 – Subdivision Rules & Regulations Section 2.02 Definitions Those words or phrases not expressly prescribed herein are to be defined in accordance with the Comprehensive Zoning Ordinance or other applicable Ordinances of the Town, or in the absence of such Ordinances, then in accordance with customary usage in municipal planning and engineering practices. Acreage, Gross: The total acreage of a subdivision, including areas dedicated to the public use such as streets and alley right of ways. Acreage, Net: The total acreage of a subdivision less those areas indicated to public use such as street and alley right of ways. Easements, however, shall be included in net acreage calculations. Alley: A public or private way permanently reserved as a secondary means of access to abutting property. Block: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities. If such term is used as a measurement, it shall mean the distance along the side of a street between the nearest two streets which enter such street on the side where the land is located. Bond(s) or Security: An instrument wherein the principal (developer or his authorized agent) and Surety Company bind themselves to perform all covenants, conditions and agreements by the principal to the Town of Trophy Club, which meets the requirements of these Regulations, and which is provided in a form satisfactory to the Town. The term includes any form of security including a cash deposit, surety bond, collateral, property, irrevocable letter of credit or other instrument of credit wherein the principal (developer or his authorized agent) surety company or third party guarantor, individually or collectively, bind themselves to perform or to guarantee the performance of all covenants, conditions and agreements by the principal to the Town of Trophy Club in an amount and form sufficient to cover the improvements for which the developer or his agent are obligated under these Regulations. Building Setback Line: A line defining an area on the building lot between the street right-of-way line or property line and the building line within which no building shall be constructed, encroach or project except as specifically authorized in an adopted ordinance of the Town of Trophy Club. 1. Front Building Setback Line: A line parallel to the street right-of-way line which the building faces, and from which it takes its primary access. 2. Side Building Setback Line: A line parallel to the property line with an adjacent lot or street right-of-way on a corner lot, which sides up to the building. 3. Rear Building Setback Line: A line parallel to an adjacent lot line, alley, or street right-of-way line in the case of double frontage lots, which the building backs up to and from which it has its rear or secondary access. Commission: The Planning and Zoning Commission of the Town of Trophy Club, Texas Comprehensive Land Use Plan: A plan for the development of the Town adopted by the Council, and including any part of such plan separately adopted and any amendment to such plan, or parts thereof. Chapter 12 – Subdivision Rules & Regulations Concept Plan: The first or introductory plan of a proposed subdivision, in such case where the developer intends to develop and record only an individual portion of said subdivision, and which exhibits the proposed successive order of development of the balance of the subdivision, and is not subject to approval but is submitted only as an item of reference. Construction Plans: The drawings and technical specifications including bid documents and contract conditions, where applicable, providing a graphic and written description of the character and scope of the work to be performed in construction of a subdivision. Court: An uncovered area surrounded by walls or buildings. Cul-de-sac: A short, minor street having but one outlet to another street and terminating on the opposite end by an appropriate vehicular turnaround. Dead-end Street: A street, other than a cul-de-sac, with only one outlet. Dedication: A gift or donation of property by the owner to the Town of Trophy Club. Density: The number of dwelling units per gross acre of subdivision, excluding any areas that are nonresidential in use. Developer: An individual, partnership, corporation, or governmental entity undertaking the subdivision or improvement of land and other activities covered by these regulations, including the preparation of a subdivision plat showing the layout of the land and the public improvements involved therein. The term “developer" is intended to include the term “subdivider" even though personnel in successive stages of a project may vary. Development: The construction of one or more new buildings or structures on one or more building lots, the moving of an existing building to another lot, or the use of open land for a new use. “To Develop" shall mean to create development. Easement: An interest, usually site specific, in land granted to the Town, or other governmental entity, to the public generally, and/or to a privately owned utility corporation or entity. Engineer: A person duly authorized under the provisions of the Texas Engineering Registration Act, as heretofore or hereafter amended, to practice the profession of engineering. Extraterritorial Jurisdiction: The unincorporated area, not a part of any other city, which is contiguous to the corporate limits of the Town of Trophy Club, the outer limits of which are measured from the extremities of the corporate limits of the Town outward for such distances as stipulated in Chapter 212 of the Texas Local Government Code, as amended, based upon the total population of the incorporated Town. Flood Plain: Any and all land area adjoining the channel of a river, stream, lake, water course, marshy area, or other drainage element, which has been or may be inundated by storm water runoff. The extent of the flood plain shall be determined by the crest of a flood having an average frequency of occurrence of once in one hundred years, as established by the Federal Insurance Administration. Floodway: The channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the base flood, as defined by the Corps of Engineers or F.E.M.A., without cumulatively increasing the water surface elevation more than one foot. Lot: An undivided tract or parcel of land having frontage on a public street or an approved open space having direct street access and which is, or in the future may be, offered for sale, conveyance, transfer, or Chapter 12 – Subdivision Rules & Regulations improvement, which is designated as a distinct and separate tract, and which is identified by a tract, or lot number, or symbol in a duly approved subdivision Plat which has been properly filed of record. a. Lot Depth: The length of a line connecting the midpoints of the front and rear lot lines. b. Lot Width: The average distance between the side lot lines, which is normally that distance measured along a straight line connecting the mid-point of the two side lot lines. c. Lot, Double Frontage or Through: Any lot, not a corner lot, with frontage on two streets which are parallel to each other or within forty-five degrees of being parallel to each other. d. Lot Frontage: The length of street frontage between property lines. e. Lot, Interior: Any lot that is not located on a corner of an intersection but is included as a lot in a grouping of lots on a platted residential block. f. Lot, Corner: Any lot located on a platted block such that it has two intersecting streets as a front and side boundary of the lot and the rear lot line shares the rear lot line of an abutting lot. g. Lot, Reverse Corner: Any lot located on a platted block such that it has two intersecting streets a front and side boundary of the lot and the rear lot line shares the side lot line of an abutting lot. h. Lot, Cul-de-Sac: Any lot located on a cul-de- sac. i. Lot, Irregular: Any lot not having equal front and rear lot lines, or equal side lot lines; a lot, the opposite lot lines of which may vary in dimension and the corners of which have an angle of either more or less than ninety degrees. M.U.D.: A Municipal Utility District or any Special Law district operating pursuant to, in whole or in part, according to Chapter 54 Texas Water Code. Open Space: All land, other than public parks, designated for the recreational enjoyment and/or natural beauty of the area. Park: Land dedicated to, or purchased by, the Town for the purpose of providing public recreational and/or open areas, in compliance with the Comprehensive Land Use Plan. Pavement Width: The portion of a street available for vehicular traffic; where curbs are laid, it is the portion between the face of curbs. Person: Any individual, association, firm, corporation, governmental agency, or political subdivision. Planned Development: A subdivision that consists of commercial and/or residential land uses, public Chapter 12 – Subdivision Rules & Regulations land uses, and common open space and recreational areas, adequate to service the needs of the tract when fully developed and populated, which is to be developed as a single entity, under unified control. In tracts within a single zoning district, the planned development designation allows for flexibility in the subdivision while preserving the overall density. Plat: A map, drawing, chart, or plan showing the exact layout and proposed construction of a proposed subdivision into lots, blocks, streets, parks, school sites, commercial or industrial sites, drainage ways, easements, alleys, and/or any other elements as required by these Regulations, and which a subdivider shall submit for approval in accordance with these Regulations. Plat, Amended: A minor change of an existing subdivision to a lot line or setback contained within. No new lots are created, existing lots are not combined and the size of any one lot is not substantially increased or decreased. Plat, Preliminary: A preliminary submission, by the subdivider to the Town, of the maps, drawings, charts and other materials on which the subdivider's plan is presented. Plat, Final: A Plat which has been submitted and approved in preliminary form, has been corrected by the applicant, has conformed to all of the provisions of these Regulations, has been submitted for final approval of the Planning and Zoning Commission and Town Council, and which meets all other requirements of State law or other laws of the Town. Preliminary Approval: Approval expressed by the Town as to the arrangement and approximate size of streets, alleys, parks, reserves, easements, blocks, and lots indicated on a Preliminary Plat. Public Hearing: A meeting or workshop, held by the Planning and Zoning Commission, Zoning Board of Adjustment, or Town Council which contains a portion which is designated as a public hearing. Public Meeting or Workshop: Any meeting or workshop held by the Planning and Zoning Commission, Zoning Board of Adjustment, or Town Council at which a special workshop or regular business is conducted and for which appropriate notification has been posted as required by state law. A public meeting or workshop may contain a public hearing as defined above. Public Right-of-Way: A strip of land used or intended to be used, wholly or in part, as a public street, alley, crosswalk, sidewalk, drainage way or other public way. Qualified Professional: An individual who is affiliated with a profession that provides the services required by the provisions of the Subdivision Regulations and is recognized through the certification, registration, or licensing procedure of their profession as being qualified to perform the required efforts. Replat: A Plat vacating an existing subdivision in lieu of a new pattern of development; the subdivision of an existing or duly recorded lot or lots, the combining of two or more lots to create one lot, or the subdividing of an existing platted but undeveloped subdivision into a new pattern of lots and blocks. Reserve Strip: A privately owned strip of land, normally one foot in depth, adjacent to a public right-of- way or easement preventing the extension of said right-of-way or easement without the expressed consent of the owner. Shall/May: The word "shall" is always mandatory, while the word "may" is merely permissive. Sidewalk: A paved pedestrian way generally located within public street right-of-way, but outside of the roadway, and built in accordance with Town specifications. Street: A public right-of-way which provides primary vehicular access to adjacent land, whether designated as a street, highway, thoroughfare, parkway, throughway, avenue, lane, boulevard, road, Chapter 12 – Subdivision Rules & Regulations place, drive, or however otherwise designated. a. Street, Primary Collector: A street which primarily carries traffic from local or secondary collector streets to major thoroughfares and highways, providing traffic circulation throughout the entire city. b. Street, Secondary Collector: A street which primarily carries traffic from local streets to primary collector streets, providing traffic circulation within the neighborhood. c. Street, Local: A street which is used primarily for access to abutting residential property and circulation of traffic within residential neighborhoods. It is of a width and design to discourage through traffic, thereby protecting the residential area. d. Street, Private or Service Drive: A vehicular access way under private ownership and maintenance, which has not been dedicated to the Town and accepted by the Town. Structure: That which is built or constructed, an edifice or building of any kind, or any piece of work built up or composed of parts joined together in some definite manner. Subdivider: Any person or any agent thereof dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term “subdivider" shall be restricted to include only the owner, equity owner, or authorized agent of such owner or equity owner, of land to be subdivided. Subdivision: The term “subdivision" shall mean any land, vacant or improved, which is divided into two (2) or more parts, blocks, lots, parcels, units, plots, sites or interests for the purpose of offer, sale, lease, or development, either on the installment plan or upon any and all other plans, terms, and conditions, including re-subdivision of such land part of a previously recorded subdivision. Surveyor: A licensed State Land Surveyor or a Registered Public Surveyor as authorized by the State Statutes to practice the profession of surveying. Thoroughfare Plan: Street plan which is part of the Comprehensive Land Use Plan. Town: The Town of Trophy Club, Denton County, Texas. Town Planning Administrator: The duly authorized employee or representative of the Town in charge of the planning function for the Town and charged with implementation and enforcement of the subdivision, zoning and other growth-related ordinances. Town Engineer: The duly authorized person in charge of engineering for the Town, or his/her designated representative. Town Design Standards: As referred to in these Regulations, shall mean “Subdivision Regulations and Design Standards for Paving, Drainage, and Utility Improvements” as amended, together with all tables, drawings, and other attachments hereinafter approved by the Council, and those standards so approved shall become a part of these Regulations. Trails: Hiking and biking pathways generally located on land dedicated for public use and/or located on land to be considered open space. Utility Company: A company providing a public service such as the provision of gas, electricity, cable television, telephone, etc. Vacation: To cancel, rescind, or render an act that has the effect of voiding a subdivision Plat as recorded in the County Clerk's office. Chapter 12 – Subdivision Rules & Regulations Waiver: An action by the Town, upon recommendation by the Planning and Zoning Commission, which provides relief from these regulations to the degree determined by the Town in the action. Wastewater Service: The collection of waste-bearing water that requires treatment prior to its return to nature, and the system of pipes and equipment used to collect and transmit this water to treatment facilities; also called Sanitary Sewer Service. Water System, Public: A system designed for the distribution and treatment of potable water that is wholly owned and operated by the Trophy Club Municipal Utility District, its successors and assigns, or other governmental entity authorized and empowered to own and operate such a system. Yard: A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from the general ground level of the graded lot upward; provided however that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture are not deemed to be obstructions if height limitations and requirements limiting obstruction of visibility are observed. Chapter 12 – Subdivision Rules & Regulations Article III General Plat Submittal Requirements Section 3.01 Requirements to Plat A. Division of Property 1. Every owner of any tract of land located within the corporate limit or extraterritorial jurisdiction of the Town who divides the tract into two or more parts as provided in Chapter 212 of the Local Government Code shall cause a Plat to be made by a registered public surveyor which shall accurately describe all the tracts by previously platted lot or block number or by metes and bounds if necessary and locate same as required by this Ordinance. All platted lots shall meet the minimum frontage required by the Town's Zoning Ordinance onto an improved street meeting the right-of-way and pavement requirements of the Town's Thoroughfare Plan. No Plat may be recorded, no lot may be sold and no transfer of title to any part of such tract of land shall be made until a Plat, accurately describing the property to be conveyed, is approved in accordance with these provisions and filed in the Plat Records of the County where the real property is located. 2. Plats required for Compliance: Except as otherwise specifically provided herein; In the event that an owner of property makes or causes a subdivision of land, he/she shall cause a Preliminary Plat to be approved prior to submitting a Final Plat for approval by the Town and recording of the Plat in the Plat Records of the county where the real property is located. 3. Plat Required for Building Permit: No development, building, repair, plumbing, or electrical permit shall be issued by the Town for any structure on a lot in a subdivision for which a Final Plat has not been approved and filed of record at the Denton County Court House, nor for any structure on a lot within a subdivision in which the standards contained herein have not been complied with in full. B. Combination of Lots: Any person desirous of combining two or more contiguous and previously platted lots into one single lot for the purpose of removing interior lot lines shall submit a "Replat" thereof; obtain approval from the Town Council; and have same filed of record in the Plat Records of the county where the real property is located. Chapter 12 – Subdivision Rules & Regulations Section 3.02 Preliminary Conference Prior to the official filing of a Preliminary Plat, the subdivider, his/her planner, engineer, or representative shall consult with and present a concept plan of the subdivision to the Town Planning and Zoning Administrator and other appropriate authorized Town representatives as determined by the Town, for comments and advice on the procedures, specifications, and standards required by the Town for the subdivision of land. Chapter 12 – Subdivision Rules & Regulations Section 3.03 Plat Submittal A. Generally: All plats to be considered for approval under these Regulations shall be submitted to the Town Planning and Zoning Administrator along with a completed application and fees, and must be in accordance with all Regulation requirements. No plat shall be formally accepted for review by the Town of Trophy Club until it fulfills all of the requirements of this Article. B. Scale and Sheet Size: All Plats shall be drawn to a scale of one inch (1") = one hundred feet (100'), unless permission is obtained prior to submittal from the Town Planning and Zoning Administrator for a larger or smaller scale. All sheet sizes shall be twenty-four inches by thirty-six inches (24”x36”) and shall be computer generated or drawn in ink on a reproducible film material. C. Filing of the Plat: One (1) mylar and five (5) blue-line copies of the final plat, at a size of eighteen inches by twenty-four inches (18”x24”) in addition to one (1) mylar at a size of eleven inches by seventeen inches (11”x17”), shall be provided to the Town to be filed with the County by the Town. Said eighteen inches by twenty-four inches (18”x24”) plat may be drawn at 1” = 200’. Code of Ordinances Cross Reference: (Plat Fees), Chapter 1, § 8.04 Chapter 12 – Subdivision Rules & Regulations Section 3.04 Approval Procedure - Overview A. Plats are to be submitted for the approval of the Town in accordance with the provisions stated herein. Approval by the Town is a two-step process requiring submission to and approval by the Planning and Zoning Commission and then submission to and approval by the Town Council. B. A plat may be submitted but shall not be considered as being filed with the Town until it has been determined to be administratively complete. An application for plat approval shall be considered administratively complete when Town staff determines that it meets all requirements of applicable Town ordinances so that it may be reviewed by the Planning and Zoning Commission, has been placed on the agenda for the Commission, and the agenda has been posted as required by law. An incomplete application shall not be considered "filed" with the Town as defined in this Ordinance, but shall be returned to the applicant for completion and re-submittal. C. The Planning and Zoning Commission shall act on an administratively complete application for plat approval within thirty (30) days after the plat is filed with the Town in accordance with subsection 2 above. The plat shall be deemed approved unless it is disapproved within that thirty (30) day period. The Town Council shall act on the plat within thirty (30) days after the date the plat is approved by the Planning and Zoning Commission or is considered approved by the inaction of the Commission. A plat shall be deemed approved by the Town Council unless it is disapproved within that period. D. If a plat is approved, the Town shall endorse the plat with the appropriate certificates indicating the approval. The certificate must be signed by the Mayor, the Commission’s presiding officer and attested by the Town Secretary. E. If the Town fails to act within the prescribed thirty (30) day period, then upon request, the Town shall issue a certificate stating the date the plat was filed with the Town and that the Town failed to act on the plat within the period. F. The Town shall maintain a record of each application made to the Town and the Town’s action taken on it. On request of an owner of an affected tract, the Town shall certify the reasons for the action taken on an application. Chapter 12 – Subdivision Rules & Regulations Section 3.05 Criteria for Plat Approval A. The Town shall approve a plat if it conforms to: 1. The general plan, rules and ordinances of the Town and its current and future streets, alleys, parks, playgrounds, and public utility facilities; 2. The general plan, rules and ordinances for the extension of the Town and its roads, streets, and public highways within the Town and in its extraterritorial jurisdiction, taking into account access to the extension of sewer and water mains and the instrumentalities of public utilities; 3. All requirements of the Town's Subdivision Regulations and all rules adopted pursuant to those Regulations or the Town's Zoning Ordinance. 4. An approved preliminary plat. Chapter 12 – Subdivision Rules & Regulations Section 3.06 Staff Review of Plat Application A. Duties of the Staff: Upon the complete submission of the documents and materials required for the preparation of preliminary plats, final plats, replats, and amended plats the Town Planning and Zoning Administrator or other Town official responsible for review and/or processing of the plat shall: 1. Review the plat for completeness, noticing application of generally accepted engineering and planning design principles and standards. In the case of a Final Plat, the Planning & Zoning Administrator shall review the Final Plat for compliance with the approved Preliminary Plat and requirements of these regulations. 2. Distribute the plat to the following authorities for review: Town engineer and planner, Department of Public Safety officials, Department of Public Works officials, Trophy Club Municipal Utility District, and other authorities when appropriate. 3. Summarize or compile the recommendations of the reviewing authorities and prepare a report to be presented to the Planning and Zoning Commission. Chapter 12 – Subdivision Rules & Regulations Section 3.07 Preliminary Plats A. Preliminary Plat Required: A Preliminary Plat shall be required for all parcels of land on which the filing of a plat is required by State Law or Town Regulations and Ordinances. An exception shall be allowed in the event: 1. A Preliminary Plat has been submitted within the last six (6) months; or 2. Platting is being submitted in accordance with Section 3.10, Short Form Plat. B. Criteria: The Preliminary Plat shall meet all the criteria of Preliminary Plat submission as required in Regulations and Ordinances of the Town and procedures as listed in these Regulations. C. Preparation: The Preliminary Plat shall be prepared by qualified professional. D. Public Meetings: A Preliminary Plat does not require a public hearing. However, action on the Preliminary Plat, by the Planning and Zoning Commission and the Town Council, is required at a public meeting. Notice of a public meeting must be posted seventy two (72) hours prior to the meeting. E. The Preliminary Plat Shall Contain the Following Information: 1. Names and addresses of the subdivider, record owner, land planner, engineer, surveyor, or qualified professional. 2. Proposed name of subdivision. 3. Names and lot patterns of contiguous platted subdivisions within one hundred feet (100’) of the subdivision. 4. Vicinity map showing street location of tract by reference to existing street or highways. 5. Subdivision boundary lines, indicated by heavy lines, and the approximate area expressed in acres. 6. Location of Town limit lines, if they either traverse the subdivision, form part of the subdivision, or are contiguous to the subdivision boundary. 7. Dimensions, names and descriptions of all existing or recorded streets, alleys, reservations, easements or other public rights-of-way within the subdivision, intersecting or contiguous with its boundaries or forming such boundaries, as determined from existing records. The distance from the centerline of the roadway of the boundary street to the proposed platted property shall also be shown. 8. The locations, dimensions, names and descriptions of all existing or recorded lots and blocks, parks, public area and permanent structures within or contiguous to the subdivision. 9. The locations, sizes, and descriptions of existing and proposed utilities, (above and/or below grade), within the subdivision or adjacent thereto. Chapter 12 – Subdivision Rules & Regulations 10. The approximate location, dimensions, descriptions and names of all existing and proposed streets, alleys, drainage structures, parks, open spaces, natural features to be preserved, improvements to be installed for beautification, other public areas; reservations, easements, or other rights-of-way; blocks, lots and other sites within the subdivision specifically indicating the connection of improvements in adjacent subdivisions. 11. Identification and location of proposed uses within the subdivision to include tracts intended for residential, commercial, churches, parks, governmental or other uses and also indicating existing and proposed zoning classifications for each use. 12. Topographical information based on 2-foot vertical contour intervals except where excessively steep grade prohibits graphical representation, in which case 5-foot vertical intervals may be used. 13. Centerline of water courses, creeks and ravines, existing drainage structures and other pertinent data shall be shown. 14. Areas subject to flooding shall be shown, delineating the 100-year flood limits if applicable. 15. A drainage study shall be required to provide the information as recorded in Town of Trophy Club Design Guidelines. 16. A number to identify each lot and a number or letter to identify each block; an indication of the typical lot size; the area of the smallest lot. 17. Building setback lines on all lots and sites adjacent to streets. 18. Title, date of preparation, scale and north arrow. 19. Current description of the property to be subdivided which includes survey name and tract numbers from Town or County records. 20. Such additional terms and conditions including design standards as the Planning and Zoning Commission and Town Council deems necessary. F. Action by the Planning and Zoning Commission: The decision of the Planning and Zoning Commission shall be approval, disapproval, or conditional approval of the Preliminary Plat. 1. Approval shall constitute acceptance of the Preliminary Plat. 2. Conditional approval of the Preliminary Plat shall constitute approval; however, conditional approval means that the plat is subject to compliance with prescribed conditions as specified by the Planning and Zoning Commission and shall effectively constitute disapproval until all such conditions are met. Conditionally approved Preliminary Plats need not be addressed by the Planning and Zoning Commission again. The conditions attached to the Preliminary Plat shall be met upon filing of the Final Plat. 3. Upon disapproval of the Preliminary Plat by the Town Planning and Zoning Commission, the Preliminary Plat shall be deemed completely rejected as submitted. The applicant may then choose to re-initiate the subdivision approval procedure, including all fees required in the process. 4. Upon the approval of the Preliminary Plat by the Town Planning and Zoning Commission, the Preliminary Plat shall be submitted to the Town Council for consideration. Chapter 12 – Subdivision Rules & Regulations G. Action by the Town Council: The decision of the Town Council shall be approval or disapproval of the Preliminary Plat. A three-fourths (¾) vote of the members of the Council present and voting shall be required to overturn a unanimous decision of the Planning and Zoning Commission. In all other instances, a majority vote of the Council shall be required. 1. Approval of a Preliminary Plat shall not constitute acceptance of the subdivision, but is only authorization to proceed with the preparations of engineering plans and Final Plat. Approval of the Preliminary Plat shall be subject to all conditions specified by the Planning and Zoning Commission either being complied with or documented and approved by the Town Council. 2. Disapproval signifies rejection completely of the Preliminary Plat as submitted. The applicant may then choose to re-initiate the subdivision approval procedure, including all fees required in the process. H. Action by the Town Council: The decision of the Town Council shall be approval or disapproval of the Preliminary Plat. A three-fourths (¾) vote of the members of the Council present and voting shall be required to overturn a unanimous decision of the Planning and Zoning Commission. In all other instances, a majority vote of the Council shall be required. 1. Approval of a Preliminary Plat shall not constitute acceptance of the subdivision, but is only authorization to proceed with the preparations of engineering plans and Final Plat. Approval of the Preliminary Plat shall be subject to all conditions specified by the Planning and Zoning Commission either being complied with or documented and approved by the Town Council. 2. Disapproval signifies rejection completely of the Preliminary Plat as submitted. The applicant may then choose to re-initiate the subdivision approval procedure, including all fees required in the process. I. Deadline and Submitted Material The applicant shall, when filing the preliminary plat, submit twelve (12) copies of the Preliminary Plat measuring a minimum of 18 inches by 24 inches to the Town Planning and Zoning Administrator at least twenty-one (21) days prior to the Planning and Zoning Commission meeting at which it is to be addressed. 1. The applicant shall, when filing the Preliminary Plat, submit an eight and one half inches by eleven inches (8½”x11”) reproducible reduction of all maps included in the submittal material. 2. The applicant shall, when filing the Preliminary Plat, submit a completed application and pay all fees required for Preliminary Platting as specified in Section 3.7, Preliminary Plats, item 9, Preliminary Plat Review Fee of this document. 3. Upon action of the Planning and Zoning Commission, the applicant shall submit twelve (12) copies of the preliminary plat to the Town Planning and Zoning Administrator within five (5) days following the Planning and Zoning Commission meeting at which action was taken. These copies will then be forwarded to the Town Council for review. Chapter 12 – Subdivision Rules & Regulations 4. Failure to submit the material and pay all fees as required herein, as determined by the Town Planning and Zoning Administrator, shall constitute an incomplete submittal and the application shall not be accepted by the Town for filing or processing. J. Preliminary Plat Review Fee: A Preliminary Plat review fee, in accordance with the schedule of fees as adopted by the Town, shall be paid the Town upon submission of a Preliminary Plat application. A schedule of these fees is available upon request at the Town offices and is provided with the application for Preliminary Plat. K. Effective Period a. The approval of a Preliminary Plat shall be effective for a period of twelve (12) months. In the event that the Final Platting process has not been initiated by the developer within twelve (12) months from the date of approval of the Preliminary Plat, the Preliminary Plat shall require re- approval. The entire approval process including payment of fees will be required. b. The applicant may receive one (1) extension of the Preliminary Plat. Upon written request by the owner at least thirty (30) days prior to the end of the one (1) year period, the Preliminary Plat shall be placed on the Planning and Zoning Commission agenda for consideration for extension. Code of Ordinances Cross Reference: (Preliminary Plat Fees), Chapter 1, § 8.04 Chapter 12 – Subdivision Rules & Regulations Section 3.08 Final Plats A. Order of Platting: After obtaining approval of a Preliminary Plat and compliance with all necessary fiscal agreements, including all fees and/or other assessments, the applicant may submit a Final Plat. The Final Plat shall be accompanied by a completed application and shall be in accordance with all requirements of this ordinance. B. Preparation: The Final Plat may be prepared by a qualified professional but must be certified by a Registered Public Land Surveyor by the State of Texas. C. Public Meetings: A Final Plat does not require a public hearing. However, action on the Final Plat, by the Planning and Zoning Commission and the Town Council, is required at a public meeting. Notice of a public meeting must be posted seventy-two (72) hours prior to the meeting. D. Final Plat Information: The final plat shall contain the following information shown on the drawing or attached thereto as appropriate: 1. Title or name of development, written and graphic scale, north point, date of Plat and key map. 2. Location of the development by Town, County, and State. 3. Accurate boundary survey and property description with tract boundary lines indicated by heavy lines. 4. A metes and bounds description of the subdivision, and locate the same with respect to a corner of the survey or tract or an original corner of the original survey of which it is a part. 5. Accurate plat dimensions with all engineering information necessary to reproduce the Plat on the ground. 6. Approved name and right-of-way width of each street, both within and adjacent to the development. 7. Locations, dimensions and purposes of any easements or other rights-of-way and all building lines. 8. Identifications of each lot or site and block by number or letter. 9. Record owners of contiguous parcels of un-subdivided land, names and lot patterns of contiguous subdivisions within one-hundred (100) feet of the subdivision. 10. Boundary lines, dimensions and descriptions of open spaces to be dedicated for public use. 11. Certification of dedication of all streets, alleys, parks and other public uses signed by the owner or owners. Chapter 12 – Subdivision Rules & Regulations 12. Designation of the entity responsible for the operation and maintenance of any commonly held property and a waiver releasing the Town of such responsibility. A statement that “should the entity responsible for maintenance of common held property fail to perform the function, the Town has the authority to provide appropriate maintenance and repair and collect appropriate fees and reimbursements”. 13. Dimensions and locations of all streets, alleys, squares, parks or other portions of the subdivision intended to be dedicated to public use. 14. Space for signatures attesting approval of the Plat by the Mayor, the Planning & Zoning Commission’s presiding officer, and Town Secretary. 15. Seal and signature of the Registered Public Land Surveyor responsible for surveying the development and/or the preparation of the Plat. 16. Compliance with all special requirements developed in Preliminary Plat review. 17. A statement indicating that the Town or the MUD, as applicable, shall issue no permit until the completion of all dedicated improvements and acceptance of such improvements associated with the subdivision are approved by the Town. 18. Space provided for signatures of electric company, gas company, cable company, phone company, Trophy Club MUD, or any other public utility entity. Stating that said utility has reviewed the Final Plat and is in agreement with the location of all easements and rights-of-way shown on the plat. E. At least seven (7) days prior to the submission of a Final Plat application with the Town, the subdivider shall submit to the Town Planning and Zoning Administrator three (3) copies of engineering plans prepared, signed and sealed by a registered professional engineer. The subdivider shall also be responsible for submitting the engineering plans to the Town engineer for his/her review and recommendation. These plans shall make adequate provision for all surface and storm drainage within and across the subdivision; shall provide for the construction of a water distribution system, including fire hydrants, adequate to serve the subdivision with water with adequate pressure for fire protection, domestic consumption and/or light commercial use together with such mains as may be required to connect with the existing system; shall provide for a sanitary sewer system adequate to serve each lot or building site within the subdivision and shall provide for the construction of such other improvements as may be required. These Plans shall be in accordance with provisions of this ordinance and all other ordinances, policies, and procedures of the Town as related in the Design Standards for Paving, Drainage and Utility Improvements. The subdivider shall pay the full cost of all public improvements. F. Action by the Planning and Zoning Commission: The decision of the Planning and Zoning Commission shall be either approval or disapproval of the Final Plat. 1. Approval shall constitute acceptance of the Final Plat. 2. Upon disapproval of the Final Plat by the Town Planning and Zoning Commission, the Final Plat shall be deemed completely rejected as submitted. The applicant may then choose to re-initiate the subdivision approval procedure, including all fees required in the process. Chapter 12 – Subdivision Rules & Regulations G. Upon the approval of the Final Plat by the Town Planning and Zoning Commission, the Preliminary or Final Plat shall be submitted to the Town Council for consideration. H. Action by the Town Council: The decision of the Town Council shall be approval or disapproval of the Final Plat. A three-fourths vote of the members of the Council present and voting shall be required to overturn a unanimous decision of the Planning and Zoning Commission. In all other instances, a majority vote of the Council shall be required. 1. Approval of a Final Plat shall not constitute acceptance of the subdivision, but is only authorization to proceed with the engineering construction associated with the subdivision. 2. Disapproval signifies complete rejection of the Final Plat as submitted. The applicant may then choose to initiate the subdivision approval procedure again, including all fees required in the process. 3. Table with Waiver: In the event that the Town and/or the applicant should desire that action on the final plat should be extended to a subsequent meeting that would be beyond the “30 day” period for action, said table may occur in the event that the applicant has provided written documentation waiving their right for action within the thirty (30) day time limitation. I. Deadlines and Submitted Materials - Final Plat: 1. The applicant shall, when filing the Final Plat with the Town, submit twelve (12) copies of the Final Plat measuring 18 inches by 24 inches (18”x24”) to the Town Planning and Zoning Administrator at least fourteen (14) days prior to the Planning and Zoning Commission meeting at which it is to be addressed. 2. At least seven (7) days prior to the submission of the Final Plat, the subdivider shall submit, to the Town Planning and Zoning Administrator, three (3) copies of engineering plans prepared, signed and sealed by a registered professional engineer. The subdivider shall also be responsible for submitting the engineering plans to the Town engineer for his/her review and recommendation. 3. The applicant shall, when filing the Final Plat with the Town, submit an eight and a half by eleven inches (8½”x11”) reproducible reduction of the Final Plat. 4. The applicant shall, when filing the Final Plat with the Town, also submit the completed application and pay all fees required for Final Platting in accordance with the Schedule of Fees adopted by the Town. 5. Upon action of the Planning and Zoning Commission, the applicant shall submit twelve (12) copies of the Final Plat to the Town Planning and Zoning Administrator within five (5) days following the Planning and Zoning Commission meeting at which action was taken. These copies will then be forwarded to the Town Council for review. 6. Failure to submit the material as described above, as determined by the Town Planning and Zoning Administrator, shall constitute an incomplete submittal and shall cause the application to not be accepted for filing or processing. J. Final Plat Review Fee: A Final Plat review fee, in accordance with the schedule of fees as adopted by the Town, shall be provided at the time the Final Plat application is submitted. A schedule of these fees is available upon request at the Town offices and is provided with the application for Final Chapter 12 – Subdivision Rules & Regulations Plat. K. Tax Certificates: The final plat must have the tax certificates from all taxing entities submitted to the Town before the plat can be filed. L. Filing: The Final Plat shall be filed of record by the Town in the plat records of the county where the real property is located after the Town Council has officially acted upon the Final Plat, Bonds/Securities have been submitted and approved by the Town and all developer agreements or subdivision agreements have been executed by all involved parties and accepted by the Town. Filing fees for recording the Final Plat shall be paid by the subdivider. The applicant shall submit one mylar and five (5) blue line copies of the Final Plat, at a size of 18 inches x 24 inches, in addition to one (1) mylar at a size of eleven inches by seventeen inches, (11”x17”) to the Town to be filed with the county. Code of Ordinances Cross Reference: (Final Plat Fees), Chapter 1, § 8.04 Chapter 12 – Subdivision Rules & Regulations Section 3.09 Vacation Instrument, Replatting and Amended Plats A. Vacation of Plat 1. Prior to the Sale of Any Lot: The proprietors of the tract covered by a plat may vacate the plat at any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat. 2. After the Sale of Any Lot: If lots in the plat have been sold, the plat, or any part of the plat, may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat. 3. The County Clerk shall write legibly on the vacated plat the word “Vacated” and shall enter on the plat a reference to the volume and page at which the vacating instrument is recorded. 4. On the execution and recording of the vacating instrument, the vacated plat has no effect. B. Replatting Without Vacating Preceding Plat: A replat of a plat or a re-subdivision of a plat, but without vacation of the immediate previous plat, shall be authorized to be recorded and shall be deemed valid and controlling when approved by the Town Planning and Zoning Commission and Town Council under the following conditions: 1. It has been signed and acknowledged by all of the owners of the particular property that is being replatted. 2. It has been approved by the Town Planning and Zoning Commission and Town Council after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard; 3. It does not attempt to alter, amend or remove any covenants or restrictions; and 4. There is compliance, when applicable, with subsections 3 and 4 of this section. C. Additional Requirements for Replatting Without Vacating Previous Plat: If any of the proposed area to be re-subdivided or replatted was, within the immediate preceding five (5) years, limited by any interim or permanent zoning classification to residential use for not more than two residential units per lot, or if any lot in the immediate previous subdivision was limited by deed restriction to residential use for not more than two residential units per lot, the following additional requirements for approval shall apply, in any re-subdivision or replatting of a subdivision, without vacating the immediate previous plat. Chapter 12 – Subdivision Rules & Regulations 1. Notice of such Town Planning and Zoning Commission and Town Council hearing shall be given in advance in the following manner: a. Publication at least fifteen (15) days in advance of hearing being published in the Official Town newspaper of general circulation; and b. Written notice, with a copy of subdivision (b) of this subsection attached thereto, of such public hearing forwarded by the Town to the owners (as the ownerships appear on the most recently approved ad valorem tax roll of the Town) of property in the original subdivision; such notice may be served by depositing the same, properly addressed and postage paid, in a post office or postal depository within the boundaries of the Town. 2. If the proposed replat is protested in accordance with this Subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths (¾) of all members of the Planning and Zoning Commission and Town Council. For a legal protest, written instruments signed by the owners of at least twenty percent (20%) of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending two hundred feet (200’) from that area, but within the original subdivision, must be filed with the Planning and Zoning Commission and Town Council prior to the close of the public hearing. 3. If the proposed replat is protested in accordance with this Subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths (¾) of all members of the Planning and Zoning Commission and Town Council. For a legal protest, written instruments signed by the owners of at least twenty percent (200) of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending two hundred (200) feet from that area, but within the original subdivision, must be filed with the Planning and Zoning Commission and Town Council prior to the close of the public hearing. 4. Compliance with subsections b and c is not required for approval of a replat of part of a preceding plat if the area to be replatted was designated or reserved for a use other than single or duplex family residential use by notation on the last legally recorded plat; or in the legally recorded restrictions applicable to the plat. D. Amended Plat: The Town Council is authorized to issue an Amended Plat which is signed by the applicants only and which is for one or more of the purposes set forth below. Approval and issuance of such an Amended Plat shall not require notice, hearing, or approval of other lot owners if the sole purpose of the Amending Plat is: 1. To correct an error in any course or distance shown on the prior Plat; 2. To add any course or distance that was omitted on the prior Plat; 3. To correct an error in the description of the real property shown on the prior Plat; 4. To indicate monuments set after death, disability, or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; 5. To show the proper location or character of any monument which has been changed in location or character or which originally was shown at the wrong location or incorrectly as to its character on the prior Plat; Chapter 12 – Subdivision Rules & Regulations 6. To correct any other type of scrivener or clerical error or omission as previously approved by the Planning and Zoning Commission or governing body of the Town of Trophy Club; such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent recorded Plats; 7. To correct an error in courses and distances of lot lines between two (2) adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished, provided that such amendment does not attempt to remove recorded covenants or restrictions and does not have materially adverse effect on the property rights of the other owners in the Plat; 8. To relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement; or 9. To relocate one (1) or more lot lines between one or more adjacent lots where the owner or owners of all such lots join in the application for the plat amendment, provided that such amendment does not: a. Attempt to remove recorded covenants or restrictions; or b. Increase the number of lots; or 10. To make necessary changes to the prior plat to create six (6) or fewer lots in the subdivision or a part of the subdivision covered by the prior plat if: a. The changes do not affect applicable zoning and other regulations of the Town; b. The changes do not attempt to amend or remove any covenants or restrictions; and c. The area covered by the changes is located in the area that the Town Planning and Zoning Commission or Town Council has approved, after a public hearing, as a residential improvement area. Code of Ordinances Cross Reference: (Plat Vacation, Replat & Amended Plat Fees), Chapter 1, § 8.04 Chapter 12 – Subdivision Rules & Regulations Section 3.10 Short Form Plats A. Conditions and Requirements: A Preliminary Plat, Preliminary Plat approval, or detailed utility drawings will not be required for a Short Form Plat. A short form procedure may be followed for the approval of a subdivision when the land proposed to be subdivided or re-subdivided meets the following conditions and requirements: 1. The resulting lots conform to all minimum size requirements of these Regulations and the Comprehensive Zoning Ordinance. 2. The proposed subdivision shall not exceed a maximum of four (4) lots. 3. Such lots abut an existing street and do not require the creation of any new street or the addition or extension of municipal facilities in order to meet the requirements of these Regulations, unless otherwise required by the Town. 4. The perimeter of the tract being subdivided has been surveyed and marked on the ground, a Plat thereof prepared and submitted to the Town Planning and Zoning Administrator, and the nearest corner of each lot or parcel of such proposed subdivision is within two hundred feet of a known corner which is adequately marked by a concrete monument or iron stake. 5. The topography of the tract and the surrounding lands is such that no regard need be given in such subdivision to drainage, and drainage facilities are not required. 6. The utilities, as required in these Regulations, are in place to serve each parcel or lot of such subdivision or re-subdivision, or the installation of utilities will be a minor job, the necessary easements exist already and arrangements to provide such utilities have been made. 7. The uses proposed for the property will not require rezoning of any portion of the property, and the resulting lots conform to all area and setback requirements of these Regulations and the zoning ordinance of the Town of Trophy Club. B. Formal Application: Formal application for a Short Form Plat approval, shall be made by the subdivider in writing to the Planning and Zoning Commission and submitted to the Town Planning and Zoning Administrator at least twenty-four (24) days prior to the regularly scheduled meeting of the Planning and Zoning Commission of which it is requested to be heard. C. Submission: The subdivider shall submit three (3) blue line copies of the Plat, and one copy reduced to eight and one half inches by eleven inches (8½”x11”) with the Town Planning and Zoning Administrator at least fourteen (14) days prior to the date at which the Planning and Zoning Commission will consider the request. The Short Form Plat shall be submitted in final form, meeting the form and content requirements of a Final Plat. D. Area Map: Such Plat shall be accompanied by three copies of an area map at a scale adequate to view the areas surrounding the proposed subdivision, and an 8½ inches x 11 inches reduction of the area map and showing all existing subdivisions, streets, easements, rights-of-way, parks, and public facilities in the vicinity including approximate locations and sizes of utilities. The area map shall also indicate the general drainage plan and the ultimate destination of the storm water, and the direction of flow of the drainage and wastewater systems. Chapter 12 – Subdivision Rules & Regulations E. Processing 1. The subdivider shall submit the Plat in accordance with the fee schedule as required for a Final Plat in Section 3.08(J). 2. The Town Planning and Zoning Administrator shall process the Plat and ensure that it is checked for conformance to Town Ordinances and Regulations. 3. The Town Planning and Zoning Administrator shall forward a copy of all submitted material to the Planning and Zoning Commission with any comments or recommendations of the Town staff, Town engineer/planner, Department of Public Safety, the Department of Public Works, Trophy Club Municipal Utility District, and other authorities when appropriate; and subsequently to the Town Council for approval. 4. Contents of the Plat shall consist of those items required of a Final Plat as listed in Section 3.08(D). 5. Procedures regarding action of the Town are as listed in Section 3.08. Code of Ordinances Cross Reference: (Short Form Plat Fees), Chapter 1, § 8.04 Chapter 12 – Subdivision Rules & Regulations Section 3.11 Dedication A. Division of Property: Every owner of property to be divided, for which a Plat has been submitted for approval, shall be required to dedicate to the Town that portion of such property as is necessary for the orderly development of streets, roadways, thoroughfares, utilities or other public purposes, and such dedication requirements, as imposed, shall be a prerequisite to Final Plat approval. At the time of such dedication, all liens for delinquent taxes on such dedicated property shall be removed. B. Amended Plats a. No dedication for streets, utilities or other public purposes may be required as a prerequisite to approval of a Plat combining two or more existing platted lots for the purpose of removing interior lot lines, or for the purpose of correction of error as permitted in Section 3.09(D). b. No dedication of right-of-way or easements except for the provision of utilities may be required as a prerequisite to approval of a Plat revision submitted for the purpose of moving an interior lot line. Code of Ordinances Cross Reference: (Dedication), Chapter 13, § 5.07 Chapter 12 – Subdivision Rules & Regulations Section 3.12 Provision of Utility Service A city, city officials, Town-owned or Town-operated utility, or public utility may not serve, connect, or provide water, sewer, electricity, gas or other utility service unless the entity holds a certificate of authority applicable to the land to be served. This prohibition applies to any of the foregoing entities that either serves or first connects with such utility services on or after September 1, 1987. Chapter 12 – Subdivision Rules & Regulations Section 3.13 Undergrounding of Utilities A. Generally: In addition to all other requirements set forth in other applicable ordinances and regulations of the Town, all subdivisions and plats submitted pursuant to this ordinance shall: 1. Require and provide that all electric utility lines and wires that will be operated at nominal voltages, all telephone utility lines and wires, all cable television and other communication or utility lines and wires, and all terminals shall be installed, placed and constructed underground. Cable television, telephone, and electric transformer and primary switching gear may be pad mounted or placed underground; and 2. Contain the written approval, affixed to the subdivision plat, as a condition of approval by the Town Council and Town Planning and Zoning Commission, of all electric, telephone, cable television and other communication or utility companies serving the Town and which will provide service to the proposed subdivision or development. B. Waiver: The Town Council may authorize and permit a waiver from the undergrounding requirement upon recommendation by the Planning and Zoning Commission. C. Changes: Nothing in this ordinance or any other ordinance of the Town of Trophy Club shall prohibit or restrict any electric, telephone or other utility or communications company from charging the owner, developer or subdivider of or within a subdivision for the difference between the cost of constructing overhead lines and wires and placing the same underground, or from charging the owner developer or subdivider of or within a subdivision for extension of its lines and wires, in accordance with the methods and procedures set forth in the respective utility's or communications company's approval tariff. It shall be the responsibility and duty of any such owner, developer or subdivider of, or within a subdivision, to pay all such charges to any such utility or communications company. No such utility or communications company shall be required to begin construction unless and until the owner, developer or subdivider of, or within a subdivision, has made arrangements satisfactory to the utility or communications company for the payment of the charges specified in this Section. D. Provision of Temporary Utility Service: Nothing in this ordinance shall in any way prohibit or restrict any utility company from providing temporary utility service, provided that such temporary service shall be limited to twelve (12) months, and shall be subject to a $2,000.00 fine for each day in excess of that. E. Street Lighting: Nothing in this ordinance shall restrict or prohibit the placement, erection, or construction of street lighting poles or standards above ground, provided all lines and wires used to provide such lighting are placed underground. F. Placement of Equipment: All electric, telephone, and cable, utilities shall be placed in the rear easement unless otherwise approved by the Planning and Zoning Commission as a part of platting process. Mechanical equipment, transformers, and other visible installations will not be permitted in the front yards of any lots. Occasional location in the front yard area may be permitted for unusual conditions if said locations have been indicated on an approved preliminary plat. All such equipment that is installed above ground will be low profile in nature and will not exceed thirty (30) inches in height. Placement of such equipment shall be such that it is located as near the rear property line as possible. Switch gear will be located such that it maintains low visibility but may be placed Chapter 12 – Subdivision Rules & Regulations convenient to and accessible from the street. G. All above ground equipment shall be screened from public view, in such a manner that the ground equipment cannot be seen from a public right-of-way. Said screening shall be completed at the time of installation by the utility company and/or developer. Chapter 12 – Subdivision Rules & Regulations Article IV Improvements Section 4.01 Responsibility for Construction All on-site improvements to be dedicated to the public, including water and sewer lines, storm drainage facilities, and street construction shall be installed by the subdivider. The subdivider shall be responsible for 100% of the expense of all on-site improvements, which are to be dedicated to the Town and the M.U.D. Chapter 12 – Subdivision Rules & Regulations Section 4.02 Prior Approval of Engineering Designs Prior to commencement of construction of any proposed utility lines, drainage, or street improvements, the developer shall have received approval of the engineering plans or designs by the Town Engineer. The engineering drawings shall contain the seal and signature of a registered professional engineer as required by the laws of the State of Texas. Chapter 12 – Subdivision Rules & Regulations Section 4.03 Inspections The Town or the M.U.D., as applicable, shall issue no permit until the completion of all public dedicated improvements and acceptance of such improvements associated with the subdivision are approved by the Town. The Town Engineer shall have the authority, after reviewing the construction of improvements, to accept and release parts of the subdivision for building permits. All construction work, including but not limited to street grading, street paving, storm sewers, curb and/or gutter work, sanitary sewers or water mains performed by the subdivider, developer, owner or contractor shall be subject to inspection by the proper authorities of the Town or the M.U.D. and shall be constructed in accordance with the Design Standards for Paving, Drainage and Utility Improvements approved by the Town Council or the M.U.D., where applicable, and in accordance with any other provisions of any other ordinance of the Town applicable thereto. Chapter 12 – Subdivision Rules & Regulations Section 4.04 As-Built Plans Prior to the acceptance of public improvements related to a subdivision by the Town or the M.U.D., where applicable, the engineer for the subdivider or developer shall submit to the Town or the M.U.D. a complete set of drawings of the paving, drainage, water and sewer improvements showing all changes made in the plans during construction and containing on each sheet an "As-Built" stamp bearing the signature of the engineer for the subdivider or developer and the date. In addition, one reproducible drawing of the utility plan sheets, containing the "As-Built" information, shall be submitted. Chapter 12 – Subdivision Rules & Regulations Section 4.05 Engineer’s Certificate Upon completion of the construction of all public improvements, a certificate shall be provided, signed by the subdivision's registered engineer, that any and all improvements constructed in the subdivision have been completed in accordance with the approved construction plans, and that all monuments and lot markers have been properly located and placed in accordance with the ordinance as applicable. The Town shall verify that all items have been completed. The Town or its designated representative or agent shall conduct a final inspection of the project or subdivision and, if all work is found to be acceptable, issue a letter of acceptance. Any items of exception noted in the acceptance shall be immediately satisfied. Acceptance of public improvements of this subdivision shall mean that the title to all improvements is vested in the Town or relevant M.U.D. Chapter 12 – Subdivision Rules & Regulations Article V Improvements Section 5.01 General A. Conformity to the Design Standards No Plat or construction plans shall be approved by the Planning and Zoning Commission or Town Council, and no completed improvements shall be accepted by the Town Council unless they conform to the subdivision design requirements and Town design standards as contained in the Town of Trophy Club’s “Subdivision Regulations and Design Standards for Paving, Drainage and Utility Improvements”, which are incorporated herein by reference for all purposes. B. Conformity to the Comprehensive Land Use Plan The subdivision shall conform to the Comprehensive Land Use Plan and the parts thereof as it exists and as hereinafter amended. C. Reserve Strips Prohibited There shall be no reserve strips of land except those which are conveyed or dedicated to the government having jurisdiction. D. Extension of Town Facilities To properly serve a subdivision, it may be necessary to extend existing utilities and/or drainage facilities. When these extensions or facilities are constructed outside the proposed subdivision, they are herein referred to as “off-site improvements". The subdivider shall be required to participate with off-site improvements of such size to adequately serve the area being subdivided. Chapter 12 – Subdivision Rules & Regulations Section 5.02 Blocks Block lengths shall not exceed twelve hundred (1,200) feet except along primary collectors. Lengths shall be measured from the intersection of the centerlines of streets. In the case of cul-de-sacs, lengths shall be measured on street centerline from the intersection of the street to the radius point of the cul-de-sac. Chapter 12 – Subdivision Rules & Regulations Section 5.03 Lots A. General The lot design should provide for lots of adequate width, depth and shape to provide open area, to eliminate overcrowding, and to be appropriate for the location of the subdivision and for the type of development and use contemplated, and in accordance with the adopted Comprehensive Zoning Ordinance of the Town of Trophy Club and all other applicable ordinances and regulations. B. Side Lot Lines: Shall be substantially at right angles to straight streets and radial to curved street lines. C. Extra Depth and Width in Certain Cases Where a lot in a residential area backs up to electric transmission lines (69 KV or higher), an arterial street, or other land use which has a depreciating effect on the residential use of the property, and where no marginal access street or other street is provided at the rear of such lot, additional depth may be required by the Planning and Zoning Commission upon demonstration of hardship based upon documented engineering standards and special conditions of the property. D. Lots Adjacent to or in Flood Plains Subdivision of property in a designated flood plain must meet the requirements of the adopted ordinances of the Town of Trophy Club regulating land use and development in the flood plain. Where flood plains are located adjacent to platted lots, the proposed finish floor elevation shall be indicated on the lot on the Final Plat. Chapter 12 – Subdivision Rules & Regulations Section 5.04 Streets A. General 1. Streets on Town Comprehensive Land Use Plan or Thoroughfare Plan: Whenever a tract to be subdivided borders on or embraces any part of any street or parkway so designated on the Town Comprehensive Land Use Plan or Thoroughfare Plan, such part of such proposed public way shall be platted by the subdivider in the same location and at the same width as indicated on the Town Comprehensive Land Use Plan or Thoroughfare Plan. All primary and secondary collector street locations, alignment, right-of-way width, pavement width, and cross section shall be in accordance with the adopted Comprehensive Land Use Plan, the Town's adopted Subdivision Regulations, and all other applicable regulations. 2. Street Layout Adequate streets shall be provided by the subdivider and the arrangement, character, extent, width, grade, and location of each shall be considered in relation to existing and planned streets, topographical conditions, public safety and convenience, and in their appropriate relationship to the proposed uses of land to be served by such streets. The street layout shall be devised for the most advantageous development of the entire neighborhood. 3. Local Streets: Streets shall be laid out so as to discourage their use by through traffic. 4. Reserve Strips Prohibited There shall be no reserve strips prohibiting access to land dedicated or intended to be dedicated to public use. 5. Street Names Names of new streets shall not duplicate or cause confusion with the names of existing streets, unless the new streets are a continuation of or in alignment with existing streets, in which case names of existing streets shall be used. 6. Relation to Adjoining Street System Where necessary to the neighborhood pattern, existing streets in adjoining areas shall be continued and shall be at least as wide as such existing streets and in alignment therewith. 7. Projection of Streets Where adjoining areas are not subdivided, the arrangement of streets in the subdivision shall make provisions necessary for the proper projection of streets into such unsubdivided area. 8. Street Lengths Except for primary collectors, street lengths without an intersection or turnaround shall not exceed twelve hundred (1,200) feet. Lengths shall be measured from intersection of the centerlines of streets. In the case of cul-de-sacs, lengths shall be measured on the centerline from the intersection of the street to the radius point of the cul-de-sac. 9. Street Intersections Chapter 12 – Subdivision Rules & Regulations Street intersections shall be as nearly at right angles as practicable, giving due regard to terrain and topography, sight distances, and safety. All major and minor collectors, unless otherwise approved by the Planning and Zoning Commission, shall intersect at or near ninety (90) degree angles. 10. Street Jogs Street jogs with centerline offsets of less than one hundred fifty (150) feet shall be prohibited. Streets intersecting with or extending to meet an existing street shall be tied to the existing street on center-line with distances and angles to show relationships. 11. Half Streets: No half streets will be permitted along the boundaries of proposed subdivisions. 12. Dead-End Streets Permanent dead-end streets shall be prohibited unless used as short stubs to permit future expansion. Permanent dead-end streets shall not exceed the depth of one (1) lot or two hundred fifty (250) feet, whichever is less. 13. Cul-de-sac: A cul-de-sac shall not be more than six hundred (600) feet in length measured from the street centerline intersection and the radius point of the cul-de-sac. The turnaround shall have a minimum right-of-way radius of fifty (50) feet and a minimum driving surface radius of forty (40) feet. 14. Private Streets Private streets shall only be permitted to be constructed within the corporate limits of the Town of Trophy Club if they are approved as a part of a Planned Development (P-D) district and have established a Homeowner’s Association for the maintenance of private streets, common spaces, and commons facilities. In such cases the streets shall be constructed in accordance with all the design standards for streets and storm drainage as contained in the design documents adopted and/or used as standard engineering practice within the Town of Trophy Club. 15. Residential Driveways Residential driveways to serve garages, port-a-cochere and/or storage areas shall not be more than twenty-four feet (24’) in width, measured at the property line. A driveway shall not begin less than five feet (5’) from the point of tangency of the corner radius of an intersection. Residential driveways shall not be constructed closer than ten feet (10’) apart unless approved by the Planning and Zoning Administrator 16. Commercial Driveways: Commercial driveways shall not exceed sixty-five percent (65%) of the property frontage, and shall be a minimum of twenty-four feet (24’) and a maximum of forty-five feet (45’) in width, measured at the property line. When the property frontage is seventy-five feet (75’) or greater, the driveway measured at the property line shall not begin less than ten feet (10’) from the property corner. When the property frontage is less than seventy-five feet (75’), the driveway measured at the property line may begin a minimum of five feet (5’) from the property corner, provided there is not an existing driveway within fifteen feet (15’) of the property corner of the adjacent property. The radius of all driveways shall be a Chapter 12 – Subdivision Rules & Regulations minimum of ten feet (10’), except in instances where the edge of the driveway is located less than ten feet (10’) from the property corner. In such cases, the minimum radius shall be five feet (5’). 17. Service Drives For townhouse lots that have rear entry garages, each townhouse lot shall be provided with a service drive, private alley, or public alley abutting the rear lot line. Such service drive or alley shall have a minimum right-of-way width of twenty-five feet (25’), a minimum paved surface width of twenty-two feet (22’), and shall be developed in accordance with Town of Trophy Club Design Standards. Service drives and private alleys shall not exceed nine hundred feet (900’) in length without providing access at the midsection of the alley to a public street. Service drives shall not be dedicated to the Town of Trophy Club and maintenance of said service drives shall be the responsibility of the owner, owners or Homeowner’s Association within the subdivision. 18. Curb Ramps Curb ramps complying with the Americans With Disabilities Act, as amended shall be provided at all intersections. Ramps shall be located to provide adequate and reasonable access for the safe and convenient movement of persons with disabilities, including but not limited to movement in a wheel chair. 19. Street Signs: Within the corporate limits of the Town of Trophy Club street signs shall be furnished and installed by the subdivider or developer at each intersection. In addition, the developer shall install all regulatory, warning and guide signs, including posts, as shown on the approved plans or as directed by the Town Engineer. Examples of regulatory, warning and guide signs are as follows: a. Regulatory signs shall include, but are not limited to STOP, 4-WAY, YIELD, KEEP RIGHT, and speed limit signs. All stop signs and street signs provided in subdivisions platted after March 21, 1995 shall be of the size and dimension and construction type show in the adjacent illustration. b. Warning signs shall include, but are not limited to DEAD END, NO OUTLET, DIVIDED ROAD, and PAVEMENT ENDS. c. Guide signs shall include, but are not limited to street name signs, DETOUR, direction arrow and advance arrow. Chapter 12 – Subdivision Rules & Regulations 20. Street Lights All developments shall be provided with street lights, as shown in the adjacent illustration. Street lights shall be installed at the cost of the subdivider and at no cost to the Town. In general, lights should be located on metal poles at street intersections and at intervals no greater than four hundred feet (400’) apart. Street lights should be the equivalent of one hundred seventy five (175) watt mercury vapor fixtures on minor residential streets. All collector streets shall have sodium vapor fixtures with a minimum of two hundred fifty (250) watts. In some instances, greater wattage may be required by the Town. The Town reserves the right to inspect the street lighting construction. 21. Pavement Widths and Right-of-Way Widths Pavement widths shall be measured from the face of the curb. The minimum widths of pavement and right-of-way shall conform to the adopted Comprehensive Land Use Plan, and pavement sections shall conform to the Design Standards for Trophy Club. 22. Primary Collector Streets: Along all primary collector streets, the following shall apply: a. When a side or rear yard abuts or lies adjacent to the right-of-way of a primary collector street: i. Except as provided in subparagraph (ii) of this paragraph v. 1, no building or structure shall be constructed, erected or installed closer than fifteen (15) feet to the right-of-way; and ii. A masonry wall not less than six feet (6’) in height shall be constructed contiguous to the right-of-way. b. Within the median area of a primary collector street, trees shall have a full-grown height of at least fifteen feet (15’) and shall be planted every fifteen feet (15’). Other plant material may be approved by the Town. 23. Responsibility for Installation a. Internal Streets i. The subdivider shall be responsible for the construction of all streets within the subdivision at their own expense. ii. The subdivider shall, at their own cost, dedicate such right-of-way streets and construct streets of such size as required in Section 3.11, Dedication, herein so as to adequately serve the area being subdivided. b. Perimeter Streets Where the proposed subdivision is located adjacent to a substandard road or street within the Town and it is deemed not feasible to improve said road or street at the time of development of the subdivision, the subdivider or developer shall pay the Town a fee equal to one-half (½) the cost of improvements required to meet Town standards Chapter 12 – Subdivision Rules & Regulations (including, but not limited to, excavation, subgrade preparation, paving, drainage facilities, utility adjustments and engineering) and dedicate the necessary right-of-way for said road or street as a condition precedent to the acceptance of the subdivision improvements by the Town for maintenance purposes. No building permits shall be issued until all fees have been paid. The estimate of the cost of said improvement shall be determined by the Town Engineer and made available to the subdivider. The fees shall be placed by the Town into a street improvement escrow fund, and shall be specifically reserved and used for the improvement of said road or street. When a thoroughfare is improved adjacent to the subdivision there shall not be a curb and gutter assessment levied by the Town against the property for which the fee was collected. If the improvement to the road or street does not occur within twenty (20) years from the date the fee is placed on deposit with the Town, the fee, including any interest earned thereon, shall be returned to the property owners of record at that time. Chapter 12 – Subdivision Rules & Regulations Section 5.05 Sidewalks and Extra Width Paths A. Guidelines: Sidewalks and/or extra width paths, constructed in accordance with the Design Standards of Trophy Club and specifications, shall be required in subdivisions or developments. Sidewalks and/or extra width paths shall be required in conformance with the Comprehensive Land Use Plan and as required to tie in to recognized pedestrian pathways. The following guidelines shall apply generally in determining sidewalk and/or extra width paths locations: 1. Location of sidewalks and/or extra width paths shall be determined within each subdivision on a case-by-case basis, as deemed necessary by the Planning and Zoning Commission. B. Responsibility for Installation The developer, as part of the subdivision Plat approval, shall be responsible for the construction of the required sidewalk and/or extra width path. No final acceptance or certificate of occupancy will be issued until such sidewalk and/or extra width path has been installed, in accordance with the requirements of the Plat approval. Chapter 12 – Subdivision Rules & Regulations Section 5.06 Storm Drainage Storm drainage improvements shall comply with design requirements as contained in the Town design standards. Chapter 12 – Subdivision Rules & Regulations Section 5.07 Water, Sewer and Fire A. General The subdivider shall dedicate, at their own cost, such right-of-way and construct such water mains, water lines, fire hydrants, sanitary sewers, and drainage improvements of such a size as to adequately serve the area being subdivided, as determined by the Town Engineer and/or M.U.D. All facilities shall be constructed in accordance with Town design standards. B. Water a. Water supply and distribution: All subdivisions shall be provided with water supply and water distribution systems approved by the Town Engineer and/or M.U.D. in accordance with standards as required by the Town Engineer and/or M.U.D. b. Fire hydrants: Standard fire hydrants shall be installed as part of the water distribution system per specification of the State Board of Insurance, Department of Public Safety, Department of Public Works, and in accordance with the standards as required by the Municipal Utility District. C. Wastewater a. All subdivisions shall be provided with an approved sewage disposal system approved by the Town Engineer and/or M.U.D. and in accordance with standards as required by the Town Engineer and/or M.U.D. Chapter 12 – Subdivision Rules & Regulations Section 5.08 Utility Easements A. The location and width of sanitary sewer system, water, storm sewer, electrical anchors, or other Town utility easements shall be determined by the Town Engineer and/or M.U.D. B. Where easements are required for use other than public utilities, the location and width must be acceptable to the private utility company concerned and shall be approved by the Planning and Zoning Commission. C. Where any public or private utility line is required to be adjusted in location or elevation, the developer or subdivider shall cause such changes to be made with the approval of the Town Engineer and/or M.U.D. D. Where the proposed subdivision adjoins an unplatted property, and a utility easement is to be dedicated on the adjacent property, the owner and/or lien holder shall join in the dedication of a full easement, which shall be shown on the Plat. E. Normal curb exposure shall be required where utility easements intersect streets. F. Intersection Utility Easements Where two utility easements intersect or turn at a right angle, a cutoff or corner clip of not less than 10 feet from the normal intersection of the property or easement line shall be provided along each property or easement line. G. Water, Sanitary Sewer and Storm Sewer Shall be placed within street right-of-way, unless approved otherwise at the time of Final Plat approval. When a water, sanitary sewer or storm sewer line must cross an existing street, the crossing shall be made by boring or tunneling under the existing street. The bore pit shall be located a minimum of three feet (3’) back of curb. The method of the bore shall be approved by the Town Engineer. All other utilities shall be placed in the rear easements, unless otherwise approved at the time of Final Plat approval. Chapter 12 – Subdivision Rules & Regulations Section 5.09 Monuments A. Location of Monuments Monuments shall be set at each corner of the survey boundary of the subdivision, and permanent lot markers shall be placed at each lot corner. Monuments and lot markers shall be set immediately after completion of utility installations and street construction, or as the Town Engineer may require. B. Monuments Monuments shall be made of an iron rod three-fourths inch (¾”) in diameter and three (3’) feet long, with a cross marked on the top, securely set in the ground until its top is flush with the natural surface of the ground. A block of concrete four inches (4”) square or five inches (5”) in diameter and eighteen inches (18”) deep shall be set around the upper end, flush with the tip of the rod. Where, due to topographical conditions, permanent structures, or other conditions, the view is obstructed between any two (2) adjacent monuments, intermediate monuments shall be so set as to assure a clear view between adjacent monuments. All such intermediate monuments shall be marked with reinforcing iron bars one-quarter (¼”) inch in diameter by two feet (2’) long driven nearly flush with the ground or countersunk slightly to avoid being disturbed. The permanent monuments shall be tied into the Town’s horizontal and vertical control system. The Developer shall incur the cost of setting the monuments but shall provide data to the Town Engineer to physically place the monuments. C. Lot Markers Lot markers shall be iron pins no less than eighteen inches (18”) long nor less than one-half inch (½”) in diameter set flush with the ground at every corner, at all angle points, and at all points of curves not otherwise designated under Section 5.09(A), above. All points of intersection shall be referenced in accordance with the Towns horizontal control system. D. Benchmarks All plats shall provide benchmarks located within the subdivision. Said bench marks shall clearly reference an elevation in accordance with mean sea level, shall provide horizontal control in accordance with the Town’s control system, and shall be tied to a known point by dimensions. Chapter 12 – Subdivision Rules & Regulations Section 5.10 Natural Tree and Ground Cover Natural tree and ground cover shall be preserved whenever possible. Other landscape features shall be carefully protected from abuse, marring, or damage during construction. Chapter 12 – Subdivision Rules & Regulations Article VI Enforcement Section 6.01 General Any person or entity contesting any disapproval and/or the interpretation and/or the application of any rule, standard, regulation, determination, requirement or necessity set forth in these Regulations shall have the right to have a hearing before Town Council. Such appeal shall be filed in writing within seven (7) days of the adverse determination in accordance with the requirements of these Regulations. The hearing shall be held within twenty-four (24) days after the date the written request is filed. Decision of the Town Council shall be final, and such further appeal shall be in accordance with appropriate law. Chapter 12 – Subdivision Rules & Regulations Section 6.02 Penalty for Violators of Regulations A. Except as provided in paragraph B of this Section, any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine in a sum not to exceed Two Thousand ($2,000.00) Dollars for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs. B. Any person violating any provision of this ordinance, on real property which is located within the extraterritorial jurisdiction (ETJ) of the Town subject to the requirements of this ordinance, shall not be guilty of a misdemeanor as provided by paragraph one of this section. However, the Town may institute an action in the District Court of the County where the real property is located to enjoin the violation of any Municipal ordinances or codes applicable in the ETJ. Chapter 12 – Subdivision Rules & Regulations Section 6.03 Town Attorney’s Authority On behalf of the Town, the Town Attorney, when directed by the Town Council, shall institute appropriate action in a court of competent jurisdiction to enforce the provisions of these Regulations or the standards referred to herein with respect to any violation thereof which occurs within any area subject to all or part of the provisions of these Regulations that is located within the Town or within the extraterritorial jurisdiction of the Town. Cross Reference Code of Ordinances: (Attorney Authority) Chapter 1, §7.01 Chapter 12 – Subdivision Rules & Regulations Section 6.04 Waivers to Subdivision Regulations A. The Town Council of the Town of Trophy Club shall have the ultimate power to grant or reject waivers to the Subdivision Regulations upon receipt of a recommendation from the Planning and Zoning Commission. The Town Council may authorize a waiver from these Regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the Town Council shall prescribe only conditions that it deems necessary to or desirable in the public interest, which will substantially secure the objectives of these Regulations. In making the findings hereinbelow required, the Town Council shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such waiver upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the Town Council shall make findings based upon evidence in each specific case that: 1. There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of these Regulations would deprive the applicant of the reasonable use of the land; and 2. The conditions upon which the request for variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; and 3. The waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant; and 4. The granting of the waiver will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and 5. The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the adopted Comprehensive Land Use Plan and the provisions of these Regulations. B. Such findings of the Planning and Zoning Commission and the Town Council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Town Council meeting at which such waiver is granted or denied. Waivers may be granted only when in harmony with the general purpose and intent of the adopted Comprehensive Land Use Plan and these Regulations so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship standing alone shall not be deemed to constitute undue hardship. The Town Council determination shall be final. C. An application for waiver shall be submitted in writing by the applicant at the time when the preliminary plat or final plat is filed for consideration by the Planning and Zoning Commission. The application shall state fully the grounds for the application and all of the facts relied upon by the applicant. D. The Planning and Zoning Commission shall recommend the grant or denial of a waiver based upon the considerations outlined in Section 6.04(A). E. The Planning and Zoning Commission, in the recommendation of a waiver of the Town Council, shall submit to them a letter containing all the specific facts and pertinent data upon which such a waiver has been based applying the criteria listed in Section 6.04(A). Chapter 12 – Subdivision Rules & Regulations Article VII Developer’s Agreement, Financial Assurance and Construction Contracts for Public Improvements Section 7.01 Procedures A. Contract Required: The owner of property shall be required to execute a Developer’s Agreement as a condition of plat approval whenever the installation of community facilities or public improvements is required. A Developer’s Agreement shall be prepared after the final engineering plans and cost estimates have been approved. B. Approval of Contract: 1. The owner of property shall be required to execute a Developer’s Agreement as a condition of plat approval whenever the installation of community facilities or public improvements is required. A Developer’s Agreement shall be prepared after the final engineering plans and cost estimates have been approved. 2. The Mayor shall review and sign the contract on behalf of the Town upon approval by the Town Council. 3. No construction work shall begin on the subdivision before the Developer’s Agreement is approved and signed by the Mayor. This provision shall preclude the moving of dirt except in conditions covered in other development regulations. 4. The Town will use its best effort to expedite all necessary instruments and documents within the Town administration. C. Changes in Contract/Scope of Project: Any subsequent changes in the plans and specifications of the approved project which results in an increase in the project scope shall necessitate an amendment to the Developer’s Agreement and amendments to all required financial assurance instruments. An increase in the project scope shall also require an increase in the Inspection Fee, as authorized in Section 7.03 (A) below. The Developer shall bear the full cost of any additional work required by the Town Attorney and/or Town Engineer in revising and/or reviewing the revised documents, and approval shall not be granted until such additional fees are paid. Chapter 12 – Subdivision Rules & Regulations Section 7.02 Performance Bonds, Payment Bonds, Maintenance Bonds & Financial Assurances A. Performance Bonds: Performance bonds, sureties or irrevocable letters of credit on forms approved by the Town Attorney meeting the requirements of Chapter 2253 of the Texas Government Code, where applicable, shall be required for all public improvements or community facilities prior to the execution of the Developer’s Agreement, the filing of the Final Plat and issuance of any building permits. Bonds, irrevocable letters of credit, certificates of deposit or cash deposits shall be for 100% of the value, as determined by the Town Engineer, of the construction costs of all public improvements and community facilities to be constructed by the Developer. 1. A cash deposit may be made with the Town in lieu of the performance bond. The cash deposit shall be held by the Town in a regular insured savings account and shall accrue interest at the then current available regular savings account rate of interest. Interest shall accrue in the account to the benefit of the Developer and shall be returned to the Developer with the cash deposit upon satisfactory completion of the facilities and acceptance by the Town. 2. A certificate of deposit issued by any financial institution, which is insured by the Federal Deposit Insurance Corporation or Federal Savings and Loan Insurance Corporation, may be submitted by the Developer in lieu of the performance bond. Such certificate of deposit shall be held in the Town Depository. When this option is exercised, the Developer shall execute four copies of a letter (approved by the Town) assigning the deposit to the Town and providing for the Town to withdraw the deposit if necessary to complete construction. Such letter of assignment must be accepted in writing by the financial institution. Upon satisfactory completion of the facilities for which the deposit is made as security, the Town of Trophy Club shall reassign the deposit to the Developer, including accrued interest or dividends thereon. 3. A letter of credit may be submitted in lieu of the performance bond. When the option is exercised to provide an irrevocable letter of credit from a financial institution, the form of the letter shall be approved by the Town Attorney. B. Payment Bonds: The Developer shall provide a material and labor payment bond on a form approved by the Town Attorney meeting the requirements of Chapter 2253 of the Texas Government Code in the amount of one hundred percent (100%) of the contract price. C. Maintenance Bonds: The Developer shall provide a maintenance bond on a form approved by the Town Attorney guaranteeing and agreeing to pay any necessary maintenance for a period of two (2) years in an amount equal to 100 percent (100%) of the value of the construction costs of all facilities to be constructed by the Developer. The Developer may submit any of the other forms of financial guarantee described in Section 7.02 (A)(1)(2), or (3) in lieu of providing the maintenance bond; providing, however, that the same conditions shall prevail as under paragraph 7.02 (A)(1)(2), or (3) above when certificates of deposit, irrevocable letters of credit or cash deposits are used instead of surety company bonds. D. Financial Assurances: The Developer shall furnish and maintain at all times prior to the Town’s final acceptance of the public improvements and community facilities, an Owner’s protective liability insurance policy naming the Town as additional insured for property damage and bodily injury. Coverage shall be on an “occurrence” basis and shall be issued with a combined bodily injury and property damage minimum limit of $600,000 per occurrence and $1,000,000 aggregate. The Town shall be named as an additional insured on that policy. Chapter 12 – Subdivision Rules & Regulations E. Approved Forms: All financial assurance provided under this section 7.02 shall be submitted on a form approved by the Town Attorney. Each financial assurance submitted by Developer on a form other than the one which has been previously approved by the Town as “acceptable” shall be submitted to the Town Attorney at the Developer’s expense. Chapter 12 – Subdivision Rules & Regulations Section 7.03 Inspections and Approval of Public Improvements A. The Town Council shall establish fees for the inspection of public improvements as part of the Town’s adopted Fee Schedule. No person shall be granted notice to proceed to construct, reconstruct, cut or repair any street, drainage or sanitary sewer facility without paying the fees for the inspection of such work B. The Developer’s contractor shall give at least twenty-four (24) hours notice in writing to the Town of intent to commence actual construction of the facilities in order for inspection personnel to be made available. C. The Developer shall delay connection of buildings to service lines of sewer and water mains until such sewer and water mains and service lines have been completed and accepted by the Town. D. It shall be the duty of the Developer to notify all contractors and sub-contractors working on the project that all of their work is subject to inspection by the Town Inspector at any time. Certification of materials being used may be required by the Town Inspector. E. Laboratory tests required by the Town Inspector shall be performed by approved independent testing laboratories and will be at the discretion of the Town Inspector. Approved laboratories are laboratories that are members of the American Council of Independent Laboratories and shall comply with standard recommended practice for inspection and testing agencies for concrete, steel, and bituminous materials as used in construction, ASTM Designation E 329. All costs for laboratory tests shall be borne by the Developer or his/her Contractor. F. Should any point not be covered in the plans, or Developer’s Agreement, the Developer shall be required to contact the Town Engineer for a determination as to the Town’s requirements. G. Any work, which in the opinion of the Town Inspector does not meet the Town requirements or has not had proper Town inspection, shall be corrected. The Inspector shall notify the contractor and Developer in writing of the deficiencies. The Developer shall be required to cease all operations until the defect has been corrected and all Town requirements have been met and proper inspections conducted. Chapter 12 – Subdivision Rules & Regulations Section 7.04 Deferral or Waiver of Required Improvements A. The Planning and Zoning Commission may recommend and the Town Council may defer, reduce, or waive at the time of plat approval, subject to appropriate conditions, the provision of any or all such improvements as, in its judgment, are not necessarily in the interest of the public health, safety, and general welfare. B. Whenever it is deemed necessary by the Planning and Zoning Commission and Town Council to defer the construction of any improvements required herein because of incompatible grades, future planning, inadequate or lack of connecting facilities, or for other reasons, the Developer shall pay his/her proportionate share of the costs of the future improvements prior to approval and recording of the final plat. In lieu of a cash payment, the Developer may use one of the other improvement guarantees set forth in this Ordinance. Chapter 12 – Subdivision Rules & Regulations Section 7.05 General Construction Requirements A. Prior to initiating any construction work, the Contractor and all subcontractors shall conduct a pre- construction conference with the Town, Town Engineer, Town Inspector and all affected franchised utilities and other appropriate parties deemed necessary by the Town. Prior to the Conference, the contractor shall provide a proposed construction sequence and schedule and a traffic safety plan, if required, for review and approval by the Town Engineer. Chapter 12 – Subdivision Rules & Regulations Section 7.06 Approval of Work A. All work performed in construction, reconstruction, cutting and repairing of streets, storm sewer and other public improvements shall be subject to the approval of the Town Engineer, whose decision shall be final. B. The Town shall not release the obligations of any financial assurance, including performance bonds, until the improvements have been approved and accepted by the Town pursuant to the action of the Town Council. The Town shall hold the Developer responsible for completion of the project. Chapter 12 – Subdivision Rules & Regulations Section 7.07 Ownership and Maintenance of Completed Public Facilities A. Upon acceptance of completed construction, all street improvements including construction of streets, alleys, thoroughfares, curbs, gutters, sidewalks, storm sewers, and drainage channels within dedicated rights-of-ways and easements shall be and remain the property of the Town of Trophy Club. The Developer shall be responsible for maintenance of the completed public improvement for a two (2) year period, following acceptance by the Town. After expiration of the two (2) year maintenance period, the improvements shall be maintained by the Town. Chapter 12 – Subdivision Rules & Regulations Section 7.08 Refund to Developer From Future Connection to Sanitary Sewer System A. Application: Upon application and approval by the Town Council, a Developer that is required to extend a sanitary sewer collection line past undeveloped property to reach his/her development may receive a refund from any future Developer that connects to such line within ten (10) years of the initial construction. The application shall identify the Developer who is to receive the refund and provide an address where such refund may be forwarded. Developer shall be required to update address information within thirty (30) days of each change of that information. The Developer is eligible for refunds equal to, but not greater than, one hundred percent (100%) of his participation in the sanitary sewer main for a period of ten (10) years after completion of construction. B. Determination & Application of Connection Fees: The Town Engineer will develop a linear front foot cost for the construction of the sanitary sewer main. Any future subdivision or plat that fronts along the affected sanitary sewer main shall be required to pay the calculated front foot cost to the Town as a condition of plat approval. The Town shall then notify the original Developer of the availability of the refund. If the funds subject to refund remain uncollected by the Developer to whom they are due for more than one year after notification, the funds shall become the property of the Town. C. Records: The Public Works Director or his/her designee shall maintain a record of the project, front foot basis determined by Town Engineer, refund limit, date construction was completed, limits upon which front foot fee may be collected, and the name of the Developer entitled to refund. Chapter 12 – Subdivision Rules & Regulations Article VIII Tree Preservation and Removal Section 8.01 Definitions Buildable Area: That portion of building site exclusive of the required yard areas on which a structure or building improvement may be erected and including the actual structure, driveway, parking lot, pool, and other construction as shown on a site plan. Canopy: Any high covering limbs and/or leaves hanging over or creating shelter under the tree’s foliage. Community Development Manager or Director: The Community Development Manager of the Town of Trophy Club Texas, or his or her designee. Crown: The top, upper, or highest portion of a tree, including the leaves and living branches. Developer: Any individual, partnership, firm, association, joint venture, organization, corporation, builder, construction company or governmental entity. Drip Line: The area directly under the canopy or shelter area created by the canopy. Historic Tree: An Historic Trees shall have the meaning assigned in Section 8.7 of this Article. 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: A Majestic Tree shall have the meaning assigned in Section 8.7 of this Article. Original Construction: Initial construction. Person: 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: A Protected Tree shall have the meaning assigned in Section 8.5 of this Article. Specimen Trees: A Specimen Tree shall have the meaning assigned in Section 8.6 of this Article. Code of Ordinances Cross Reference: (Trees), Chapter 13, § 7.03 Chapter 12 – Subdivision Rules & Regulations Section 8.02 Tree Board A. 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. B. 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. C. 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. D. 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. E. 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. F. Compensation: Members of the Board shall be volunteers and shall serve without compensation. G. 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. H. Duties and Responsibilities: It shall be the responsibility of the Tree Board to: 1. Determine cash value for a tree replacement; 2. Designate Protected, Specimen, Historical, and Majestic trees, as defined herein; 3. Develop and approve tree lists; Chapter 12 – Subdivision Rules & Regulations 4. Inform and develop an informational tree pamphlet; and 5. Hear appeals. 6. 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. Chapter 12 – Subdivision Rules & Regulations Section 8.03 Tree Preservation A. 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. B. 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. C. 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. Chapter 12 – Subdivision Rules & Regulations 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. Code of Ordinances Cross Reference: (Trees), Chapter 13, § 7.03 Chapter 12 – Subdivision Rules & Regulations Section 8.04 Information Assistance A. 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. B. 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. C. A current edition of the Texas Association of Nurserymen Grades and Standards,as applicable to the tree species on the Town’s Protected Tree List and Approved Tree Planting and Replacement List, shall be maintained by the 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. Chapter 12 – Subdivision Rules & Regulations Section 8.05 Protected Trees A. Designation of Protected Trees: A “Protected Tree” shall be any existing living tree of a species or type listed on the Town of Trophy Club Protected Tree List and that has or possesses each of the following characteristics or criteria: 1. A single trunk of six inches (6”) in caliper width or greater, measured at one foot (1’) above natural grade level, and at least eight feet (8’) high; or a multi-trunk having a total caliper width of eight inches (8”), measured by combining the caliper width of the largest stem or branch with one-half (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 2. Located outside of a public street, alley, right-of-way, utility easement, drainage easement, fence easement, pedestrian access easement, or other public right-of-way or easement; or the buildable area of a building lot or site, as included on a record plat approved by the Town Council and filed in the plat records of the County; or the buildable area of a building lot or site, as included on a building permit site plan 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. B. Exception: A Protected Tree shall not include any living tree that a registered arborist or landscape architect certifies in writing is injured, dying, diseased or infested with harmful insects; that is in danger of falling, interferes with utility service or creates unsafe vision clearance; in any manner creates a hazardous or dangerous condition so as to endanger the public health, welfare or safety; or that is identified on approved subdivision construction plans as necessary to be removed to comply with EPA storm water permitting requirements or FHA lot grading plans. C. 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 Chapter 12 – Subdivision Rules & Regulations Protected Tree List 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) d. Replanting of Protected Trees: No person, directly or indirectly, shall replant, relocate, transfer or move from one location to another any Protected Tree on any real property within the Town of Trophy Club without first obtaining a Tree Replanting Permit. e. Replanting Standards: Only those trees meeting and replanted in accordance with the applicable Texas Association of Nurserymen Grades and Standards shall satisfy the tree replanting requirements contained herein. f. Penalty for Unauthorized Replanting of Protected Trees: Any person replanting, relocating, transferring or moving from one location to another any Protected Trees on any real property within the Town 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. Code of Ordinances Cross Reference: (Trees), Chapter 13, § 7.03 Chapter 12 – Subdivision Rules & Regulations Section 8.06 Specimen Trees A. Designation of Specimen Trees: Specimen Trees shall be designated according to the following provisions: 1. Except as specified below, any tree listed on the Town’s protected tree list and the caliper of which is within fifty percent (50%) of the caliper width or circumference (measured at one foot (1’) above ground level) of the same such tree as listed in the most current edition of the Big Tree Registry, as amended, published by the Texas Forest Service, shall be considered a “Specimen Tree.” A copy of such registry shall be available for review in the 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 Percent of Big Tree Registry Any tree not listed on the Protected Tree List in Section (1.4) herein 75% Code of Ordinances Cross Reference: (Trees), Chapter 13, § 7.03 Chapter 12 – Subdivision Rules & Regulations Section 8.07 Majestic or Historic Trees A. Designation of Majestic or Historic Trees: Majestic or Historic trees shall be designated according to the following provisions: 1. Majestic Trees: Any tree listed on the Town’s protected tree list and within seventy-five percent (75%) of the caliper width or circumference (measured at one foot (1’) above ground level) of the same such tree as listed in the most current edition of the Big Tree Registry, as amended, published by the Texas Forest Service, shall be considered a Majestic Tree. A copy of such Registry shall be available for review in the 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. 2. 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. Code of Ordinances Cross Reference: (Trees), Chapter 13, § 7.03 Chapter 12 – Subdivision Rules & Regulations Section 8.08 Tree Removal and Replacement A. Removal of Protected Trees: No person, directly or indirectly, shall cut down, destroy, remove or effectively destroy through damaging any Protected, Specimen, Historic or Majestic Tree, on any real property within the Town of Trophy Club without first obtaining a Tree Removal Permit, unless otherwise exempted by the terms of this Ordinance. B. 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. C. 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: 1. 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 Chapter 12 – Subdivision Rules & Regulations Community Development Manager or authorized designee shall maintain a record of the current per-caliper-inch cash value of replacement trees. D. Acts Specifically Prohibited: The following acts are prohibited: 1. It shall be unlawful for a person to violate any provision of this Ordinance. 2. 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. 3. 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. E. 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’). F. Approved Tree Planting and Replacement List: Only those tree species found on the following Approved Tree Planting and Replacement List shall satisfy the tree planting and replacement standards and requirements of this 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) Chapter 12 – Subdivision Rules & Regulations G. Approved Median and Right-of-Way Tree Planting List: The following tree species shall be allowed to be planted in medians and right-of-way when approved by the Town. Additional tree species with non-aggressive root systems/deep root systems may be authorized for planting by the 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) H. 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. I. 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 Chapter 12 – Subdivision Rules & Regulations Large Trees Four (4) feet J. 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. K. 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. L. 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. M. 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. N. 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. Code of Ordinances Cross Reference: (Trees), Chapter 13, § 7.03; (Tree Preservation Permit Fees), Chapter 1, § 8.03 Chapter 12 – Subdivision Rules & Regulations Section 8.09 Tree Protection Measures A. The following tree protection measures shall be required: 1. 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. 2. 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 3. During construction, the developer shall prohibit the cleaning of equipment or materials and/or the disposal of any waste material, including, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy or drip line of any Protected, Specimen, Majestic or Historic Tree or group thereof. 4. No attachments or wires of any kind, other than those of a protective nature, shall be attached to any Protected, Specimen, Historic or Majestic Tree. 5. With major grade changes of six inches (6”) or greater, a retaining wall or tree well of rock, brick, or other approved materials shall be constructed around the tree no closer than the drip line of the tree. The top of the retaining wall or tree well shall be constructed at the new grade. 6. Unless otherwise approved by the 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. 7. Any trees removed during land development, construction, or construction-related activities shall be chipped or hauled off-site. Burning of removed trees is prohibited. Code of Ordinances Cross Reference: (Trees), Chapter 13, § 7.03; Chapter 12 – Subdivision Rules & Regulations Section 8.10 Tree Permits A. Tree Replanting Permit: Tree replanting permits shall be subject to the following procedures. 1. Application for Tree Replanting Permit: An application for a Tree Replanting Permit may be submitted at any time and need not be submitted in conjunction with a development plan 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: a. The existing location, caliper width, height, and common name of all protected trees proposed to be replanted and the proposed location or locations for such replanting of such trees. b. The location of all existing or proposed structures, improvements, easements, and site uses, properly dimensioned and referenced to property lines, setback and yard requirements, and special relationships. c. The information required herein may be summarized in legend form on the site or plot plan. 2. Review of Application for Tree Replanting Permit: Upon receipt of a proper application for a Tree Replanting Permit, the 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. B. Tree Removal Permit: Tree Removal Permits shall be subject to the following procedures: 1. Application for Tree Removal Permit: Tree Removal Permits for the removal of Protected, Specimen, Majestic and Historic Trees in conjunction with the development, 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: a. The location, caliper width, height, and common name of all single-trunk trees of six inches (6”) caliper width or greater, measured at one foot (1’) above natural grade level, and at least twelve feet (12’) high; and all multi-trunk trees having a total caliper width of Chapter 12 – Subdivision Rules & Regulations 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. b. The location of both the trunk and drip line, caliper width, height, estimated age (not to be determined using invasive measures which might damage the tree), a reproducible color photograph, and common name of all Protected, Specimen, Majestic, and Historic Trees proposed to be removed. c. Provide existing natural grade elevation and proposed final grade elevation at each location for which for each protected tree for which a Tree Removal Permit is requested. d. The location and dimensions of all existing or proposed public streets, alleys, rights-of- way, utility easements, drainage easements, fence easements, pedestrian access easements or other public rights-of-way or easements. e. The location of all existing or proposed property lines, lot lines, building lines, setback and yard requirements, any proposed building footprint or floor plan, and other special relationships or significant features of the proposed development plan, record plat or site plan of the development. f. Existing and proposed site elevations, grades and major contours: including a chart listing all Protected, Specimen, Majestic, and Historic Trees, their respective locations, and indicating where grades around protected trees will be changed by six inches (6”) or more. g. The information required herein shall be summarized in legend form on the tree survey and shall include the reason for the proposed removal of the protected tree or trees. h. Each tree shall be identified by numerical reference on the Tree Survey. i. Each tree shall be affixed with a permanent tag bearing the corresponding number as depicted on the Tree Survey. The tag shall be permanently attached at a height not less than five feet (5’) nor more than six feet (6’) above existing grade on the south face of the tree. j. The survey shall bear the stamp or seal of a registered surveyor relative to the location of any trees and shall bear the stamp or seal of a registered landscape architect, or registered arborist relative to the specie(s) of any trees. k. A sign shall be placed on each separate lot or tract for which a Tree Removal Permit is requested to inform the general public that an application for a Tree Removal Permit(s) has been filed relative to a Protected, Specimen, Majestic, or Historic Tree. The sign must meet the following criteria: i. The size of the sign(s) shall be three feet (3’) by four feet (4’) and be made out of aluminum or corrugated plastic material; ii. The sign(s) shall be mounted on stakes/poles; iii. The sign(s) shall be visible from the street; iv. There shall be one (1) sign for each street frontage; and Chapter 12 – Subdivision Rules & Regulations v. The sign(s) shall have a white background, with letters and borders being green in color. The sign(s) shall state the following: TOWN OF TROPHY CLUB, TX A TREE REMOVAL PERMIT HAS BEEN REQUESTED FOR THIS SITE FOR INFORMATION, CALL 682.831.4680 2. Review of Application for Tree Removal Permit. An application for a Tree Removal Permit shall be accompanied by the appropriate administrative fee as designated on the schedule of fees adopted by the Town Council, including all amendments thereto. Upon receipt of a proper application accompanied by the appropriate fee, the 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. a. The application for a Tree Removal Permit, if required, shall be considered an integral part of the application for site plan or plat approval, as applicable, and no site plan or plat subject to the requirements of this Ordinance shall be approved without the approval of a Tree Removal Permit. b. 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. c. 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. d. 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. Code of Ordinances Cross Reference: (Trees), Chapter 13, § 7.03; (Tree Preservation Permit Fees), Chapter 1, § 8.03 Chapter 12 – Subdivision Rules & Regulations 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. B. 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: 1. Land Disturbing Activities in emergency situations involving immediate danger to life and property or substantial fire hazards; 2. 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; 3. The removal of underbrush, dead trees or diseased or damaged trees which constitute a hazard to life and property based upon a field inspection verification by the Parks and Recreation Director; 4. 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. C. Standards 1. General Requirements a. Land Disturbing Activities operations and other land disturbing activities shall not create or contribute to landslides, accelerated soil creep, and/or settlement. b. Land Disturbing Activities operations shall not create or contribute to flooding, erosion, or increased siltation or other forms of pollution in a watercourse. c. 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 d. Debris shall be removed from cleared sites within six (6) months of the operations completion date. 2. Cut and Fills a. 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. b. All topsoil removed during ground surface preparation shall be stockpiled on the site and stabilized within fourteen (14) days. Chapter 12 – Subdivision Rules & Regulations c. When the owner of any parcel raises lowers, or alters the level or existing grade of a site by fill or excavation, he or she shall, at their expense, take all steps necessary to ensure compliance with the following: i. Take or cause to be taken all actions necessary to protect all adjoining property from encroachment by such fill or excavation, or danger of collapse due to such excavation either by the erection of an engineered retaining wall or by sloping the sides of such fill or excavation either within the confines of the site; and ii. When engaging in land disturbing activities, including but not limited to, cut and fill, such person shall not alter or otherwise compromise the intent or use of existing drainage and utility easements as originally designed and approved by the Town. iii. Establishing Ground Cover: A temporary ground cover shall be established on all graded or disturbed areas not intended to be developed within thirty (30) days of completion of Land Disturbing Activity. D. 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. 2. 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. 3. 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. 4. The area for which land disturbing activity is proposed is limited by design to the area of construction, and the site is left in its natural state otherwise during the course of construction. 5. The 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: i. Proximity of the trees critical root zone or drip line to proposed grading activity. ii. That all necessary and appropriate permanent tree protection methods are employed to protect the preserved tree from damage where the tree’s critical root zone may be impacted. iii. Other remedial or protective measures have been employed, including site design, that improves the chances for tree survival. Chapter 12 – Subdivision Rules & Regulations iv. Temporary tree protection methods are adequately employed. v. Construction methods for utility service to the site are used that allow protection and preservation of additional trees, such as, tunneling under the critical root zone, tree walls, or tree wells. vi. Utility trenching activities are indicated on the plan. Code of Ordinances Cross Reference: (Trees), Chapter 13, § 7.03; (Grading Permits), Chapter 1, § 8.03 Chapter 13 - Zoning Chapter 13 – Zoning Chapter 13 - Zoning Article I Intent, Purpose and Methods Section 1.01 Short Title This ordinance shall be known and may be cited and referred to as the “Comprehensive Zoning Ordinance” to the same effect. (Ord No. 98-29, § I, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § I, 3-21-00) Chapter 13 - Zoning Section 1.02 Purpose That the zoning regulations and districts as herein established have been made in accordance with the Comprehensive Plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; to provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. (Ord No. 98-29, § II, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § II, 3-21-00) Chapter 13 - Zoning Section 1.03 Official Zoning Map The Town is hereby divided into the districts listed in Section 3.01, District Classifications, as shown on the Official Zoning Map, which Zoning Map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance. A. The Official Zoning Map shall be identified by the signature of the Mayor attested by the Town Secretary, and bearing the seal of the Town under the following words: “This is to certify that this is the Official Zoning Map referred to in Section 1.03, Official Zoning Map, of Ordinance Number 2000- 06 P&Z of the Town of Trophy Club, Texas" together with the date of the adoption of this Ordinance. B. If, in accordance with the provisions of this ordinance, changes are made in district boundaries or other matters, the same shall be portrayed on the Official Zoning Map promptly after the amendment has been approved by the Town Council. No amendments to this ordinance which involve matters portrayed on the Official Zoning Map shall become effective until after such change and entry has been made on said map. C. No changes of any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance. D. Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be located in the Office of the Planning and Zoning Administrator, shall be the final authority as to the current zoning status of land and water areas, building, and other structures in the Town. (Ord No. 98-29, § III, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § III, 3-21-00) Chapter 13 - Zoning Section 1.04 Rules For Interpretation of District Boundaries Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the following shall apply: A. Boundaries indicated as approximately following the center lines of streets, highways or alleyways shall be construed to follow center lines. B. Boundaries indicated as approximately following platted lot lines shall be construed as following the said lot lines. C. Boundaries indicated as following Town limit lines shall be construed as following such Town limits. D. Boundaries indicated as following shorelines of bodies of water shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines. E. Boundaries indicated as parallel to or extensions of features indicated in Subsections (A) through (E) above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map. F. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in other circumstances not covered by Subsections (A) through (F) above, the Zoning Board of Adjustment shall interpret the district boundaries. (Ord No. 98-29, § IV, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § IV, 3-21-00) Chapter 13 - Zoning Section 1.05 General Provisions A. Territorial Application: The regulations and restrictions in this ordinance shall apply to all buildings, structures, land and uses within the corporate limits of the Town of Trophy Club. B. General Application: After the effective date of this ordinance, all buildings and structures erected, remodeled, altered and/or relocated and any use of land, buildings or structures established shall comply with the applicable provisions of this ordinance. Existing buildings, structures and uses of land not complying with the provisions of this ordinance may continue subject to the provisions of Section 5.08, Nonconforming Uses and Structures. C. General Prohibition: No building or structure; no use of any building, structure or land; and no lot of record or zoning lot, now or hereafter existing, shall hereafter be established, altered, moved, divided or maintained in any manner except as authorized by the provisions of this ordinance. D. Private Agreements: This ordinance is not intended to abrogate, annul or otherwise interfere with any easement, covenant or private agreement; provided, however, that where the regulations of this ordinance are more restrictive or impose higher standard or requirements than such easement, covenants or other private agreements, the regulations of this ordinance shall govern. E. Other Laws and Regulations: The provisions of this ordinance shall be considered the minimum requirements for the promotion of the public health, safety, comfort, morals and general welfare. Where the provisions of this ordinance impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this ordinance shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this ordinance, the provisions of such statute, other ordinance or regulation shall be controlling. F. Applicability / Building Permits Issued Prior to Effective Date: This ordinance shall not invalidate any unexpired building permits properly issued prior to the effective date of this ordinance pursuant to which construction has commenced; provided, however, that if any building, structure or use constructed or established pursuant to such building permit does not comply with the provisions of this ordinance, such building, structure or use shall be subject to the provisions of Section 5.08, Nonconforming Uses and Structure. G. Applicability - Pending Applications: From and after the effective date of this ordinance, the provisions of this ordinance shall apply to all pending applications upon which no final decision has been made. H. Appendix: The attached Appendix is hereby made a part of this Ordinance. However, all illustrations are intended to represent graphic descriptions only. The text of this ordinance shall govern in the event of any conflict that may exist or occur between the illustrations located in the Appendix and the text of this Ordinance. (Ord No. 98-29, § V, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § V, 3-21-00) Chapter 13 - Zoning Section 1.06 Newly Annexed Territory All territory added or annexed to the Town of Trophy Club after the date of passage of this ordinance shall be automatically classified for R-15 Single-Family District purposes until permanently zoned by the governing body of the Town of Trophy Club. The Town Planning and Zoning Commission shall, as soon as practicable after annexation of any territory to the Town of Trophy Club, institute proceedings on its own motion to give the newly annexed territory a permanent zoning, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations. (Ord No. 98-29, § VI, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § VI, 3-21-00) Chapter 13 - Zoning Section 1.07 Zoning Designation of Vacated Streets and Alleys Whenever any street, alley or other public way is vacated by official action of the Town Council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacated street, alley or public way and all areas included in the vacated street, alley or public way shall then and thenceforth be subject to all regulations of the extended district. (Ord No. 98-29, § VII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § VII, 3-21-00) Chapter 13 - Zoning Section 1.08 Water Areas The water surface and the land under the water surface of all rivers, waterways, ponds, lakes and other water areas in the Town of Trophy Club not otherwise zoned are hereby placed in the same zoning district as the land on which such water areas abut, as shown on the Official Zoning Map. Where the zoning districts shown on the Official Zoning Map are different on opposite sides of a water area, then the zoning district boundary shall be at the center line or mid-point of the water area. (Ord No. 98-29, § VIII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § VIII, 3-21-00) Chapter 13 - Zoning Article II Definitions Section 2.01 Catchlines The catchlines of the several sections of this ordinance immediately following each section number or subsection letter or number are intended as mere catchwords to indicate the contents of the section or subsection, and shall not be deemed or taken to be titles of such sections nor as any part of the Section nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (Ord No. 98-29, § IX, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § IX, 3-21-00) Chapter 13 - Zoning Section 2.02 General Definitions A. The following words, when used in this ordinance, shall have the meanings respectively ascribed to them in this section, unless such definition would be inconsistent with the manifest intent of the Planning and Zoning Commission and the Town Council or where the context of this Ordinance clearly indicates otherwise: 1. Accessory Building or Accessory Structure: A subordinate building or structure of masonry and/or wood construction, detached from the main building, and customarily incidental to the principal building. 2. Accessory Use: A use subordinate to and incidental to the principal use. 3. Acreage, Gross: The total acreage of a subdivision, including areas dedicated to the public use, such as streets and alley right-of-ways and open spaces, but not including public parks. 4. Acreage, Net: The total acreage of a subdivision less those areas dedicated to public use, such as street and alley right-of-ways, open spaces and public parks. Provided, however, that easements shall be included in net acreage calculations. 5. Airport: A landing facility for aircraft approved by the United States Federal Aviation Agency. 6. Alcoholic Beverage: Alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. 7. Alley: A public way, public space or thoroughfare which affords only secondary means of access to property abutting thereon. 8. Animal Pound/Shelter (Private): A facility for the incarceration of small domestic animals for short periods of time. 9. Animal Run: A structure or barrier for the purpose of containing a dog or other animal as authorized in the Town’s Animal Control Ordinance. 10. Antique Shop: An establishment offering for sale, within a building articles such as glass, china, furniture or similar furnishing and decorations which have value and significance as a result of age, design or sentiment. 11. Apartment: A room or suite of rooms arranged, designed or occupied as a residence by a single family, individual or groups of individuals. 12. Apartment House: Any building, or portion thereof which is designed, built, rented, leased, let or hired out to be occupied as three (3) or more apartments or which is occupied as the home or residence of three (3) or more families living independently of each other and maintaining separate cooking facilities. 13. Architectural Grade Metal: A non-flat, non-reflective metal panel specifically designed for the use as a fence. 14. Area of lot: The net area of the lot and shall not include portions of streets and alleys. 15. Art Studio: An area for the collection, display, distribution, or instruction of objects of art. Chapter 13 - Zoning 16. Art Supply Store: An establishment offering for sale those materials used by conventional artists for the preparation of their art form. 17. Attached: Any structure that shares a common wall or foundation with the primary structure. 18. Bakery or Retail Confectionery Store: An establishment that prepares baked foods and prepared candies on site or from a wholesale supplier for the purpose of retail sales. 19. Basement: A building story which is partly underground and having at least one-half (½) of its height below the average level of the adjoining ground. 20. Bedroom: A room in a dwelling other than a kitchen, dining room, living room, bathroom, closet den, or sunroom which is used primarily for sleeping. 21. Blind Fence or Wall: A fence or wall through which a person is unable to see standing six (6) feet from such fence or wall at ground level. 22. Block: An area within the Town enclosed by streets and occupied by or intended for buildings; or, if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two (2) streets which intersect said street on said side. 23. Breezeway: A covered passage one story in height connecting a main structure and an accessory building. 24. Buildable Area: That portion of a building site exclusive of the required yard areas on which a structure or building improvements may be erected, and including the actual structure, driveway, parking lot, pool, and other construction as shown on a site plan. 25. Building: A structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. 26. Building Official: The Building Official for the Town of Trophy Club, Texas or his or her designee. 27. Building Setback Line: A line parallel or approximately parallel to the street line and beyond which a building or structure may not be erected, encroach or project. 28. Cabana: A secondary structure on a lot incidental to a swimming pool or recreational area, but excluding sleeping and cooking facilities. 29. Carport: A permanent roofed structure entirely open on at least two sides, designed or used to shelter not more than two private passenger vehicles. 30. Cemetery or mausoleum: An area or structure designed to contain the remains of humans for permanent interment. 31. Children’s Playhouse: A non-commercial single story structure of less than one hundred twenty square feet (120) used exclusively for the recreational purpose for children. Said structure shall in no ways be used for habitation. 32. Church: A place of worship and religious training of recognized religions, including the on- site housing of ministers and families, priests, rabbis and nuns. 33. Clinic: An institution or facility for examining, consulting with or treating patients, including offices, laboratories and out-patient facilities, but not including hospital beds and rooms for acute or chronic care. Chapter 13 - Zoning 34. Club: An association of persons for promotion of some common object, such as literature, science or good fellowship, and jointly supported by its members and carrying the privilege of exclusive use of a club building and premises. 35. Colored and Embossed Poured-in-Place Concrete: A site constructed concrete panel with a raised design and colored to complement the surrounding structures. Design shall encompass eighty (80) percent of the wall facing and shall be installed on both sides of the wall. 36. Commercial: Any business, other than a home occupation or manufacturing business, which involves the exchange of goods or services for the remuneration of a person occupying the premises upon which the transaction or part thereof takes place. 37. Commercial Amusement: An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge. 38. Community Festival: A function or occasion that is endorsed by the Town Council held at a central location where scheduled activities are held or performed for the benefit of the community. 39. Community Garage Sale: A coordinated event, which includes as participants any number of residents of the Town participating together by simultaneously conducting garage sales that are sponsored by a bona-fide and recognized non-profit civic organization. 40. Comprehensive Plan: The Comprehensive Land Use Plan of the Town of Trophy Club and includes any unit or a part of such unit separately adopted and any amendment to such plan or parts thereof. 41. Concrete Masonry Unit with Facing: A manufactured concrete masonry unit with a facing that is designed to resemble cut stone. Facing shall be installed on both sides of the unit. 42. Condominium: The separate ownership of single units or apartments in a multiple unit structure or structures with common elements as defined in Article 1301a, Texas Revised Civil Statutes Annotated, as amended. 43. Convalescent Home: Any structure, other than a hospital, used for or occupied by persons recovering from illness or suffering from the infirmities of old age. 44. Corner Lot: A lot situated at the junction of two (2) or more streets. 45. Country Club: An area containing a golf course and a clubhouse available only to the membership of the country club and their guests, including facilities for dining and entertainment, swimming, tennis and similar recreational facilities and services. 46. Convent: Residence of nuns and other accessory activities which are associated therewith. 47. Crafts and Hobby Shops: A retail establishment which displays and/or offers for sale objects or portions of objects relating to recreational activities. 48. Cul-De-Sac: A short, minor street having but one outlet to another street and terminating on the opposite end by an appropriate vehicular turnaround as shown in the Town Subdivision Regulations. 49. Cultural Building and Facilities: A building or complex of buildings that house cultural facilities owned and/or operated by a governmental agency or private non-profit agency. Chapter 13 - Zoning 50. Day Care Center or Nursery: An establishment where more than three (3) unrelated children under fourteen (14) years of age are left for care, training, education, custody, or supervision during the day or any portion thereof. The term “day care center” or “day nursery” shall not include overnight lodging, medical treatment, counseling, or rehabilitative services, and does not apply to any school, public or private, as herein defined. Such facility shall be operated in a manner as required by Chapter 42 of the Human Resources Code of the state of Texas, as amended, and in accordance with such standards as may be promulgated by the Texas Department of Human Resources. 51. Day Care (In a Private Home): The care of no more than three (3) children, not a part of the family, in a residential structure. Such care being provided by a resident of the structure. 52. Decorative Pre-Cast Embossed Concrete: A pre-cast concrete panel with a raised design. Design shall encompass eighty (80) percent of the wall facing and shall be installed on both sides of the wall. The use of corrugated tin shall not be allowed to constitute a design. 53. Decorative Street Pavement: The physical construction or treatment of streets such that the aesthetic quality of the street is enhanced. Enhancements may include or consist of stamped concrete, decorative paves, colored concrete or a combination thereof. 54. Dedication: The setting aside of a lot, parcel, or tract of land for a special use by the public. Such setting aside shall constitute a transfer of ownership from the current owner to the Town of Trophy Club and shall be accomplished through platting the property or by a special instrument. 55. Depth of Front Yard: The minimum distance from the front lot line to the front line of a building. 56. Depth of Rear Yard: The mean horizontal distance between the rear line of a building other than an accessory building and the rear lot line. 57. Design Standards: The (i) subdivision regulations of the Town, (ii) standards for paving, drainage and utility improvements, and (iii) any other ordinances, regulations or rules of the Town relating to standards for the construction of paving, drainage or other utility improvement. 58. Development: The construction of one or more new buildings or structures on one or more building lots, or the use of open land for a new use. "To develop" shall mean to create development. 59. Detached: Any structure that does not share a common wall or foundation with the primary structure. 60. Dilapidated: The condition of a building or structure that has fallen into a state of disrepair, ruin or decay as to render it a menace to public safety such that it promotes fires or houses rodents or insects. 61. District: A section of the Town of Trophy Club for which the regulations governing the area, height and use of buildings are uniform. 62. Drip Line: A vertical line run through the outermost portion of the crown of a tree and extending to the ground. 63. Dry Cleaner, Pick-Up and Drop-Off: A retail establishment where fabrics are cleaned with Chapter 13 - Zoning substantially non-aqueous solvents. 64. Dry Cleaning Plant: A commercial laundry or cleaning plant doing cleaning or laundry for off- premises service outlets and retail establishments. 65. Duplex: A detached building having separate accommodations for two (2) single-family dwellings or occupied by two (2) families. 66. Dwelling: An enclosed building or portion thereof having accommodations for only one family or occupied by one family. 67. Easement: A right of a person, government agency, or public utility to use public or private land, which is owned by another person, government agency, or public utility, for a specific purpose. 68 Efficiency Apartment: A dwelling unit in a multi-family structure, consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities, and having a minimum of six hundred square feet (600 sq. ft.) of floor area. A habitable room shall be defined as being a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, shall not be considered habitable space. 69. Electrical Generating Station: A facility designed to convert electrical current from other energy sources for consumption by dwellings and other structures. 70. Electrical Substation: A facility designed to convert electrical current to a different phase or voltage prior to consumption by dwelling and other structures. 71. Electrical Transmission Line: A high voltage line used to transmit electrical current to or between electrical substations or over long distances and customarily associated with towers. 72. Enclosed Building: A structure which is floored, roofed and surrounded by outside walls, which contains no opening larger than one hundred twenty (120 sq. ft.) in area normally open to the air and which contains no series of openings forming a divided opening larger than one hundred twenty (120 sq. ft.) in area normally open to the air. 73. Engineer: A person duly authorized under the provisions of the Texas Engineering Registration Act, as amended, to practice the profession of engineering. 74. Extended 72 Hour Maximum Stay Surgery Center: Shall mean any facility that operates primarily to provide outpatient based diagnostic treatment and medical/surgical intervention to patients and patrons requiring medical treatment with provisions for extended, monitored recovery beyond twenty-four hours. Such facilities may include provisions for extended recovery and medical monitoring for elective surgical procedures and elective medical intervention. The extended stay facility will meet the environment of care for an institutional medical/surgical facility. The facility focus shall primarily address low to medium acuity cases as a component of primary care and elective care. Due to the primary and elective medical focus, the extended 72 hour maximum stay facility shall not include emergency care beyond the limits of first aid treatment. Additionally, the extended stay facility shall not allow helipads or heliports associated with traditional medical facilities where emergency treatment is primary. 75. Facing: A veneer of masonry material with the appearance of brick, stucco, limestone or other materials similar to the foregoing that may be applied to the surface of a building or structure. Chapter 13 - Zoning 76. Family: Any number of individuals living together as a single family housekeeping unit in which not more than three (3) individuals are unrelated by blood, marriage, adoption or foster assignment. 77. Family Home: Shall have the meaning as defined by Chapter 42 of the Texas Human Resources Code. 78. Fence: Any wall or structure more than three feet (3’) in height constructed or placed for the purpose of enclosing, screening, restricting access, or decorating any real property, building or structure. 79. Fire or Police Station: A facility designed to provide public protection from the dangers of fire and crime. 80. First Floor: The highest story of a building having its interior floor surface at ground level or not more than four feet (4’) above ground level. Such ground level shall represent the average level along the side of the building having the lowest ground elevation, and shall be measured at a maximum of four feet (4’) from the building. The first floor in a single family residential building shall be designated as the main living area. In a split level residence, the floors located below and above the first floor shall be designated as half (½) floors. 81. Florist Shop: A shop offering flowers, flower arrangements services and associated products for sale. 82. Four-Plex or Quad-Plex: A detached building containing four (4) single-family attached dwellings. 83. Front Yard: An open, unoccupied space on a lot facing a street and extending across the front of the lot between the side yard lines and being the minimum horizontal distance between the street line and the principal building or any projection thereof other than the projection of normal architectural features. 84. Garage, Private: An accessory building or a portion of a main building for the storage or parking of motor vehicles as may be required in connection with the permitted use of the main building. A private garage shall be totally enclosed with the only exceptions being openings used for access or ventilation, shall be constructed of similar style and material as the main structure. 85. Garage, Front Entry: A structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupant of the premises, located in front of or beside the living area, the access thereto being from the front property line. 86. Garage Sale: A sale of previously owned domestic and household items on site by the resident of a single family detached dwelling. This does not include commercial retail sales. (See “Community Garage Sale”) 87. Garage, Side or Rear Entry: A structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupant of the premises with access or door facing the side or rear property line. Said structure shall be located partially or totally behind any portion of the living area. 88. Gazebo: A secondary structure on a lot incidental to the main residence and being an open air garden pavilion, but excluding sleeping, cooking (excepting an outdoor charcoaler or grill) and bath facilities. Chapter 13 - Zoning 89. Golf Course (Commercial): A golf course, privately owned but open to the public for a fee and operated as a commercial venture. 90. Grocery Store: A retail establishment selling meats, fruits, vegetables, bakery products, dairy items, and similar products for human consumption for off-premises consumption only. 91. Group Home for the Disabled: A dwelling shared by four or more disabled persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which the staff person(s) provide care, education, and participation in community activities for the residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential. 92. As used herein, the term “disabled” shall mean having i. A physical or mental impairment that substantially limits one or more of such person’s major life activities so that such person is incapable of living independently; ii. A record of having such an impairment; or iii. Being regarded as having such an impairment. 93. However, “disabled” shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term “group home for the disabled” shall not include alcoholism or drug treatment center, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration. 94. Guest House: A secondary structure on a lot which may contain dwelling accommodations for the temporary occupancy by guests and not for rent or permanent occupancy, and such building not having a separate utility meter. 95. Hardware Store: An establishment offering small hand tools and small building materials and associated convenience items, and personal hobby materials for sale to the general public. 96. Height: When referring to the height of a building or portion thereof, the vertical distance measured from the average established grade at the exterior surface of the structure to the highest point of the structure, measured a maximum of four (4) feet from the exterior surface of the structure. 97. Historic Tree: A tree which has been found by the Town to be of notable historic interest because of its age, type, size or historic association and has been so designated by the official records of the Town. 98. Home Occupation: A home occupation is an occupation carried on in the home by a member of the occupant’s family without the employment of additional persons, without the use of a sign to advertise the occupation, without structural alterations tin the building or any of its rooms, without offering any commodity or service for sale on the premises and which does not involve open storage and which does not create a nuisance to abutting residential property such as emission of odor, increased traffic or generation of light or smoke and where the use is carried on in the main structure only. 99. Hospital: Shall mean a facility or area for providing health services primarily for human in- patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities. Chapter 13 - Zoning 100. Hotel or Motel: A building or group of buildings designed and occupied as a temporary abiding place for individuals. To be classified as a motel or hotel an establishment shall contain a minimum of six (6) individual guest rooms or units and may furnish customary services such as linen, maid service, telephone, use and upkeep of furniture. 101. HUD-Code Manufactured Home: A structure that was constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and including the plumbing, heating, air-conditioning, and electrical systems. 102. Industrialized Housing: A residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air- conditioning, and electrical systems. The term does not include any residential structure that is in excess of three stories or forty-nine (49) feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. The term shall not mean nor apply to i. Housing constructed of sectional or pannelized systems not utilizing modular components; or ii. Any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location. 103. Kindergarten: School for children of preschool age, in which construction endeavors, object lessons and helpful games are prominent features of the curriculum. 104. Laundromat: A retail establishment where fabrics are cleaned with aqueous organic solvents in machines operated by the patron. 105. Lot: An undivided tract or parcel of land having frontage on a public street or an approved open space having direct street access, and which is, or in the future may be, offered for sale, conveyance, transfer, or improvement, which is designated as a distinct and separate tract, and which is identified by a tract, or lot number, or symbol in a duly approved subdivision Plat which has been properly filed of record, as shown in the Town Subdivision Regulations. 106. Lot Coverage: The total area of a lot upon which is placed a building, buildings or other structures. 107. Lot Depth: The length of a line connecting the midpoints of the front and rear lot lines. 108. Lot, Double Frontage or Through: Any lot, but not including a corner lot, with frontage on two (2) streets which are parallel to each other or within forty-five (45) degrees of being parallel to each other 109. Lot Frontage: The length of street frontage between property lines. 110. Lot, Irregular: Any lot not having equal front and rear lot lines, or equal side lot lines; a lot, the opposite lot lines of which vary in dimension and the corners of which have an angle of Chapter 13 - Zoning either more or less than ninety (90) degrees. 111. Lot of Record: A lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk of the County where the lot is located, or a parcel of land, the deed of which was recorded in the office of the county clerk of the County where the lot is located prior to the effective date of this ordinance. 112. Lot, Reverse Frontage: A corner lot, the rear of which abuts the side of another lot. 113. Lot Width: The average distance between the side lot lines, which is normally that distance measured along a straight line connecting the midpoint of the two side lot lines. 114. Maintenance: All work necessary or appropriate to keep a building or structure in proper condition and in compliance with this Ordinance or other applicable law, codes or regulations. 115. Masonry Materials: Materials that shall include stone, brick, faux stone or brick, and concrete masonry units with decorative facing. 116. Massage: Any process consisting of kneading, rubbing, or otherwise manipulating the skin of the body of a human being, either with the hand or of other special apparatus, but shall not include massage by duly licensed physicians, osteopaths, chiropractors, and registered physical therapists or registered nurses or licensed vocational nurses who treat only patients recommended by a licensed physician and who operate only under such physician’s direction. The term “massage” shall not include massages authorized by the State in beauty shops and barber shops staffed by licensed barbers and beauticians. 117. Massage Parlor: Any building, room, place or establishment, other than a regularly licensed hospital, where manipulated massage or manipulated exercises are practiced upon the human body by anyone not a duly licensed vocational nurse acting at the direction of a doctor whether with or without the use of mechanical, therapeutic or bathing device, and shall include Turkish bathhouses. This term shall not include, however, duly licensed beauty parlors or barber shops or a place wherein registered physical therapists treat only patients recommended by a licensed physician and operate only under such physician’s direction. 118. May: Shall mean discretionary, and not mandatory. 119. Mechanical Equipment: Any machinery designed or manufactured for permanent installation in one place, either outside of a building or inside of a mechanical equipment building or room. 120. Minimum Square Footage of Dwelling Unit: The minimum square footage of living space required per dwelling unit, excluding open porches, breezeways, patios or areas designated for automobile parking, but including enclosed porches. 121. Mobile Home: A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the travel mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and including the plumbing, heating, air-conditioning, and electrical systems. 122. Modular Home: A structure or building module that is manufactured at a location other than the location where it is installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and to be used as a permanent dwelling when installed and placed upon a permanent foundation system. The term includes the plumbing, heating, air conditioning and electrical systems contained in the Chapter 13 - Zoning structure. The term does not include a mobile home as defined in the Texas Manufactured Housing Standards Act, nor does it include building modules incorporating concrete or masonry as a primary component. 123. Monastery: Residence of monks or priests and other accessory activities which are associated therewith. 124. Mortuary or Funeral Home: An establishment serving the needs of the community by providing embalming and burial services in conformance with the State of Texas Statutes. 125. Multi-family Dwelling: A building or buildings containing or aggregating four or more single- family dwelling units. 126. Natural Grade or Grade: The natural grade existing prior to any site preparation, grading or filling. The natural grade is that area or point adjacent and contiguous to a proposed building or structure prior to construction or placement of the same. 127. Natural Vegetation: Living plant material. 128. Noncommercial: A person, endeavor, organization, agency, or operation that does not involve the exchange of goods or services, as a principal or secondary use, for the remuneration of a person, venture, partnership, corporation, or organization occupying the premises upon which the transaction or part thereof takes place. 129. Nonconforming Use: A building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, and which does not conform to the use regulations of the districts in which it is situated. 130. Office, Business and Professional: A room or group of rooms for the provision of business and professional services, not including retail sales or production. 131. Office, Medical and Dental: A room or group of rooms for the provision of medical and dental health care services, not to include other than ambulatory care. 132. Off-Street Parking: Concrete surface areas upon which motor vehicles may be parked and which area has access to a public street. 133. Opaque: A fence material that is impenetrable by light; neither transparent nor translucent. 134. Open Space: All land designated for the recreational enjoyment and/or natural beauty of the area. 135. Outdoor Advertising Sign: A signboard advertising a service commodity, goods, wares, merchandise or opinion not sold or offered to the public at the site upon which the signboard is located. 136. Outside Storage: The storage of commodities, goods and/or refuse outside of an enclosed building. 137. Park: Land dedicated to, purchased by or otherwise acquired by the Town for the purpose of providing public recreational and/or open areas. 138. Pavement Width: That portion of a street available for vehicular traffic; where curbs are laid, it is the portion between the face of the curbs. 139. Pavilion: An open structure without walls but covered with a roof. The structure may be of Chapter 13 - Zoning wood construction and shall have a roof construction consistent with residences within the Town. 140. Pawn Shop: An establishment where money is loaned on the security of personal property pledged in the keeping of the pawnbroker. 141. Perimeter Plan: A map indicating the proposed areas of common land usage on a tract of land three hundred feet (300’) in depth adjacent to and within the total perimeter of the district. 142. Person: Any individual, association, firm, partnership, corporation, governmental agency, political subdivision or any other entity recognized in law. 143. Pedestrian Path: A paved pedestrian way generally located within the public street right-of- way, but outside of the street or roadway. 144. Pharmacy, Drug Store, Apothecary: An establishment offering over the counter and prescription drugs and allied products for retail sale. 145. Photographic Studio: A building or portion of a building as a place of work for a photographer. 146. Planned Development: A subdivision that consists of commercial and/or residential land uses, public land uses, and common open space and park and recreational areas, adequate to serve the needs of the tract when fully developed and populated, which is to be developed as a single entity, under unified control. 147. Planning & Zoning Administrator/Coordinator: Shall mean the Planning & Zoning Manager of the Town of Trophy Club Texas, or his or her designee. 148. Plat: A final plat that has been approved by the Town in accordance with the Town Subdivision Regulations and filed in the Deed Records of the county where the land is located. 149. Playground: An area used primarily for recreational purposes for children and which generally includes equipment such as, but not limited to, swing set, slides and merry-go- rounds; provided, however, that a playground shall not mean any play area on a residential lot and used primarily by a person or persons residing on the residential lot. 150. Premises: A piece of land or real estate owned, rented, leased, used or occupied distinct from those adjacent to the same by virtue of different ownership, rental, lease, usage or occupancy. 151. Principal Structure: A building or structure, the use of which is a principal use. 152. Principal Use: A use which, in comparison with another use occurring on the same property, has the greatest effective producing power. 153. Private: The exclusion of those who have not been invited. 154. Private Club: A social organization to which membership is by invitation only, and its meeting place in which only members and their guests are permitted, but excluding private clubs in which alcoholic beverages are stored, possessed or consumed. 155. Professional: Service shall mean work performed by a member of a profession licensed as a profession by the State of Texas. Chapter 13 - Zoning 156. Public: Promotion of a public cause or service, including utilities having a franchise from the Town of Trophy Club, but excluding other profit-making organizations. 157. Public Right-of-Way: A strip of land used or intended to be used, wholly or in part, as a public street, alley, crosswalk, pedestrian path, drainage way or other public way. 158. Public Utility: Any person, corporation or other entity owning or operating for compensation within the Town equipment or facilities for i. Producing, generating, transmitting, selling or furnishing electricity; ii. Conveying, transmitting or receiving communications over a telephone; iii. Providing, furnishing or selling water or sewer services; iv. Producing, transporting, furnishing or selling natural gas; or v. Providing, furnishing or selling cable television. 159. Rear Yard: A space unoccupied by a principal structure extending for the full width of the lot between the principal structure and the rear lot line. 160. Recreational Vehicle Camp Grounds: Any premises on which one or more recreational vehicles or travel trailers are parked or situated and used for the purpose of supplying to the public a parking space for one or more such coaches or trailers. 161. Rectory: Residence of ministers or priests and other accessory activities which are associated therewith. 162. Religious Institution: Shall be held to include a church as defined herein. 163. Repair: The reconstruction or renewal of any part of an existing building or structure for the purpose of maintenance 164. Residential Density: The number of dwelling units per gross acre, excluding any areas that are designated to be used for parks and open space, and other non residential purposes. 165. Restaurant or Café: A building or portion of a building, where the primary business is the on- premises sale of prepared food, with adequate facilities for the preparation of the food to be sold, the adequacy of said kitchen facilities to be based upon the seating capacity of the restaurant and the type of menu offered. 166. Restaurant or Eating Establishment (Drive-In Service): An establishment designed and constructed to serve food for consumption on the premises, in an automobile, or for carry-out for off premises consumption and which establishment may or may not have on-premises dining room or counter. 167. Restaurant with Alcoholic Beverage Sales: A restaurant or eating establishment where alcoholic beverages are sold whose gross sales in Trophy Club from food on an annual basis at the location represent at least sixty percent of total sales. 168. Retail Store: A place where goods, wares, merchandise and commodities are sold and transferred directly to the purchaser or consumer in small quantities such as by the single yard, pound, gallon or single articles as opposed to wholesale trade. Chapter 13 - Zoning 169. Retaining Wall: A wall designed to resist the lateral displacement of soil or other materials; said materials being substantially equal in height to the height of the wall. 170. Retirement Home: A development facility providing dwelling units specifically designed for the needs of ambulatory persons who have retired from active vocations. 171. School, Denominational or Private: A school under the sponsorship of a private agency, corporation, or religious agency, having a curriculum generally equivalent to public elementary or secondary schools, and accredited or licensed by the state of Texas; but excluding private trade or commercial schools as herein defined. 172. School, Public: A school under the sponsorship of a public agency providing elementary or secondary curriculum, and accredited or licensed by the state of Texas; but excluding private trade or commercial schools. 173. School, Trade or Commercial: An establishment other than accredited or licensed public, private or denominational school, offering training or instruction in art occupation, or trade. 174. School, College / University: An academic institution of higher learning, accredited or recognized by the state and offering a program or series of programs of academic study leading to a recognized degree or advanced degree. 175. Screening: To conceal an object from public view by means of landscaping materials or an opaque fence. 176. Screening Wall or Fence: A wall or fence, the surface of which does not contain openings more than forty (40) square inches in each one square foot of surface of such wall or fence, and which surface shall constitute a visual barrier. 177. Servants' Quarters: An accessory dwelling located on a lot with a main residence structure and used as living quarters for persons employed on the premises only, and not for rent or use as a separate domicile of other than persons employed on the premises, and with no separate utility meters. 178. Shall: Means mandatory, and not discretionary. 179. Side Yard: An open unoccupied space on the same lot with a building, situated between the building and the side line of the lot, and extending through from the side street or from the front yard to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line. 180. Single-Family Attached Dwelling: A portion of an enclosed building having accommodations for and occupied by only one family, attached to like units, which units may be sold individually provided that the entire building meets all lot area, front yard, side yard, rear yard, height and other zoning requirements. 181. Single-Family Detached Dwelling: An enclosed building having accommodations for and occupied by only one family, which building must of itself meet all the lot area, front yard, side yard, rear yard, height and other zoning requirements. 182. Site Plan: A map, drawing or chart showing the location of all existing and planned structures, landscaping design, ingress and egress, parking, height of structures and/or any other elements or design standards required by this ordinance or the Town Subdivision Regulations and which has been approved in accordance with the Town Subdivision Regulations. Chapter 13 - Zoning 183. Specimen Tree: A tree which has been determined by the Town to be of high value because of its type, size or other professional criteria, and which has been so designated as part of the official records of the Town. 184. Stable (Private): A stable with a capacity for not more than four (4) horses, mules, or other domestic animals. 185. Stadium: Any athletic field or stadium operated for the general public, including a baseball field, or football field or stadium. 186. Storage: A space or place for storing and safekeeping of goods in a warehouse or other depository. 187. Storage/Utility Building: A non-commercial structure that is secondary to the primary structure and is used primarily for storage of garden & lawn equipment, tools, and miscellaneous household items. This does not include the regular storage of material and goods intended to be sold or used in connection with any business or commercial enterprise. 188. Story: That portion of a building between the surface of any floor and the surface of the floor next to it, or if there be no floor above it, then the space between such floor and the ceiling next above. 189. Street: Any parcel of land designated for specific use as a thoroughfare for vehicular traffic and not designated as an alley. 190. Street, Private: Any parcel of land designated and used specifically as a thoroughfare for vehicular traffic, but not dedicated to the public. 191. Street, Public Dedicated: Any parcel of land dedicated to the public and used or which may be used specifically as a thoroughfare. 192. Street Right-Of-Way: A street, including its pavement and all the publicly owned property adjacent to it, dedicated for street purposes. 193. Structural Alterations: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders. 194. Structure: That which is built, erected or constructed; an edifice or building of any kind, or any piece of work built up or composed of parts joined together in some definite manner, including parking lots. 195. Subdivider: Any person or any agent thereof dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term "subdivider" shall be restricted to include only the owner, equity owner, or authorized agent of such owner or equity owner, of land to be subdivided. 196. Subdivision: A division of a lot, tract, or parcel of land into two (2) or more parts, lots or sites for the purpose, whether immediate or future, of sale, division of ownership or building development. Subdivision includes re-subdivision of land or lots which are part of a previously recorded subdivision. 197. Swimming Pool (Private): A swimming pool constructed for the exclusive use of the residents of a one-family, two family or multiple-family dwelling and located and fenced in accordance with the regulations of the Town of Trophy Club. 198. Swimming Pool (Commercial): A swimming pool with accessory facilities, not part of the Chapter 13 - Zoning municipal or private recreational system, and not a private swim club, but where the facilities are available to the general public for a fee. 199. Temporary Field or Construction Office: A structure or shelter used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment. 200. Town: Shall mean the Town of Trophy Club, Texas. 201. Town Engineer: The duly authorized person in charge of engineering for the Town, or that person's designated representative. 202. Town Planner: The duly authorized person in charge of planning for the Town, or that person’s designated representative. 203. Townhouse/Townhome: A single-family attached dwelling unit on a separately platted lot which is joined to another selling unit on one or more sides by a party wall or abutting walls and occupied by not more than one family. 204. Tree: Any self-supporting woody perennial plant which has a trunk diameter of three inches (3”) or more when measured at a point four and one-half (4½’) feet above ground level and which normally attains an overall height of at least fifteen (15) feet at maturity, usually with one (1) main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oak. 205. Triplex: A moderate density use and shall mean a detached building containing three (3) single-family attached dwelling units. 206. Use: The purpose for which land or buildings are or may be occupied in a zoning district. 207. Utility Distribution Lines: Facilities which serve to distribute and transmit electrical power, gas, and water, including but not limited to electrical transmission lines, gas transmission lines, and metering stations. 208. Variance: Relief from or variation of the provisions of these regulations, other than the Use Regulations, as applied to a specific piece of property, as distinct from rezoning, as further set out hereinafter in the powers and duties of the Zoning Board of Adjustment. 209. Vinyl Fence: A prefabricated fence made of PVC plastic that imitates a variety of fence designs, including board, rail, picket, lattice, and wrought iron. 210. Wholesale Business: A commercial use devoted to the sale of goods and commodities in large lots to retail outlets and stores and manufacturers. 211. Width of Lot: The horizontal distance between the side lot lines of a lot measured at right angles to the depth or the same distance measured at the front building line. 212. Width of Side Yard: The least distance between a side wall of a building and the side line of the lot. 213. Wrought Iron: A manufactured metal fencing material designed to resemble hammered iron. 214. Yard: A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from the general ground level of the graded lot upward; provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture are not deemed to be obstructions if height limitations and Chapter 13 - Zoning requirements limiting obstruction of visibility are observed. 215. Yard Area: The front, side, and rear yard areas as required under the Comprehensive Zoning Ordinance and the zoning district requirements applicable thereto. 216. Yard, Front: An open space, unoccupied space on a lot facing a street and extending across the front of the lot between the side yard lines and being the minimum horizontal distance between the street line and the principal building or any projection thereof other than the projection of normal architectural features. 217. Yard, Rear: The required rear yard is an open space unoccupied and unobstructed extending across the rear of a lot from one side lot line to the other side lot line. 218. Yard, Side: An open, unoccupied space on the same lot with a building situated between the building and side line of the lot and extending through from the front yard to the required rear yard. Any lot line not the rear line or a front line shall be deemed a side line. 219. Zoning District: A classification applied to any certain land area within the Town stipulating the limitations and requirements of land usage and development. 220. Zoning Map: The Official Zoning Map of the Town of Trophy Club together with all amendments thereto. B. Amendments to the definitions in this section, or additional definitions to be added to this section, may be made by the Town Council of the Town of Trophy Club after receiving the recommendations and report of the Planning and Zoning Commission on such amendments or additions, and after a public hearing before the Town Council, as provided by law. Public hearing before the Planning and Zoning Commission on any proposed amendment or addition to the definitions of this section shall be held by the Planning and Zoning Commission after such notice of such hearing shall have been given by publication at least one time in a newspaper of general circulation in the Town Of Trophy Club, of the time and place of such hearing at least fifteen (15) days prior to the date of such hearing. (Ord No. 98-29, § IX, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § IX, 3-21-00; Definition No. 74, Ord. No. 2002-28 P&Z, § III, 8-19-02; Definition No. 99, Ord. No. 2003-28 P&Z, § II, 12-1-03; Definition Nos. 9, 13, 26, 35, 41, 52, 60, 75, 98, 114, 115, 133, 147, 163, 169, 175, 209, 213, Ord. No. 2005-16 P&Z, § 7- 18-05) Chapter 13 - Zoning Article III Establishment of Districts Section 3.01 District Classifications The Town of Trophy Club is hereby divided into the following zoning districts, which districts are shown and described on the Zoning Map of the Town of Trophy Club, which Map is incorporated herein by this reference: R-15 Single Family Residential District: A zone designed to accommodate single family development on lots that are a minimum of 15,000 square feet in area. R-12 Single Family Residential District: A zone designed to accommodate single family development on lots that are a minimum of 12,000 square feet in area. R-11 Single Family Residential District: A zone designated to accommodate single family development on lots that are a minimum of 11,000 square feet in area. R-10 Single Family Residential District: A zone designed to accommodate single family development on lots that are a minimum of 10,000 square feet in area. R-9 Single Family Residential District: A zone designed to accommodate single family development on lots that are a minimum of 9,000 square feet in area. R-8 Single Family Residential District: A zone designed to accommodate single family development on lots that are a minimum of 8,000 square feet in area. R-Fairway Village; R-Twenty In Trophy; R-Oak Hill; R-Oak Hill Patio; R-Summit: These are zones designed to accommodate single family residential areas already platted and either developed or undeveloped on the date of adoption of this ordinance. MH-HUD Code Manufactured Home and Industrialized Housing District: A zone designed to provide adequate space and restrictions for the placement of HUD-Code Manufactured Homes and Industrialized Housing in the Town within designated subdivisions. (This does not include mobile homes as defined in this Ordinance.) The MH District is also established to provide housing densities compatible with existing and proposed neighborhoods by providing alternative housing types both in construction and economy within the MH District. PD Planned Development District: A zone designed to accommodate development with a variety of types of uses in accordance with a site plan. NS Neighborhood Service District: A zone district designed to provide limited low impact service type facilities to residential areas, and not including retail uses. PO Professional Office: A zone district designed to provided for attractive, low to moderate intensity office and professional uses. CG Commercial General District: A zone designed to provide locations for local neighborhood shopping and personal service needs of the surrounding area, to accommodate general retail shopping and to accommodate low intensity business or professional offices that are designed and sited to be compatible with nearby residential uses and which primarily provide services to residents of the community. CR Commercial Recreation District: A zone designed to accommodate development of privately owned recreational areas and low intensity business offices that are directly related to and designed and sited to Chapter 13 - Zoning be compatible with the recreational use. GU Governmental Use District: A zone intended to apply to those lands where national, state or local governmental activities are conducted and where title to such lands is held by a governmental entity. H Historic Landmark Designation District: A designation intended to apply to areas of historic, architectural, archaeological or cultural importance or value which merit protection, enhancement and preservation in the interest of the culture, prosperity, education and welfare of the public. (Ord No. 98-29, § XI, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XI, 3-21-00) Chapter 13 - Zoning Section 3.02 Classification of New and Unlisted Properties A. Referral to Planning and Zoning Commission: The Planning and Zoning Administrator shall refer the question concerning any new or unlisted use to the Planning and Zoning Commission, requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the uses and whether it involves dwelling activity, sales, processing, type of product, storage, and amount and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements of public utilities, such as water and sanitary sewer. B. Assignment to Use District: The Planning and Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which the use should be permitted. C. Recommendation to the Town Council: The Planning and Zoning Commission shall transmit its findings and recommendations to the Town Council as to the classification proposed for any new or unlisted use. The Town Council shall, by ordinance, approve the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use as it determines appropriate, based on its findings. (Ord No. 98-29, § XII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XII, 3-21-00) Chapter 13 - Zoning Section 3.03 Classification of New and Unlisted Properties The following table presents the zoning district classifications and the permitted and conditional uses within those classifications: Denotes a Prohibited Use P Denotes a Permitted Use by Right C Denotes of Conditional Use Permit Required S Denotes a Specific Use Permit Required District Classifications Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R- OHP R-S MH CG CR NS PO GU A. RESIDENTIAL 1. Caretaker or Guard Residence C 2. Dwelling, Duplex 3. Dwelling, Manufactured Housing P 4. Dwelling, Multi-Family Apartment 5. Dwelling, Mobile Home 6. Dwelling, One Family Attached 7. Dwelling, One Family Detached P P P P P P P P P P P P 8. Family Home C C C C C C C C C C C C 9. Home for Developmentally Disabled P 10. Hotels 11. Motels 12. Nursing, Rest & Convalescent Home P 13. Recreational Vehicle Campgrounds 14. Religious Convent, Rectory, Monastery P 15. Retirement Home, Orphanage P B. RELIGIOUS AND PHILANTHROPIC 1. Churches, Temples & Synagogues C C C C C C C C C C C C P P P P P 2. Eleemosynary Institutions C. EDUCATIONAL 1. Children’s Day Care Center & Kindergarten P P 2. Junior Colleges, Colleges & Universities 3. Schools, Private Business & Professional P 4. Schools, Primary & Secondary P P P P P P P P P P P P P P P P P 5. Schools, Vocational, Technical & Trade Chapter 13 - Zoning District Classifications Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R- OHP R-S MH CG CR NS PO GU D. COMMUNITY FACILITIES 1. Athletic Field, Stadium, Auditorium, Gym P 2. Cemetery and Mausoleums P 3. Commercial Swimming Pool P 4. Cultural Buildings and Facilities C C C P 5. Golf Course, Clubhouse, Related Facilities P 6. Gov. Maint Bldg, Storage Yards C C C 7. Municipal Admin, Public Service Facilities P P P P P P P P P P P P P P P P P 8. Park, Playground, Playlots, Related Facilities P P P P P P P P P P P P P P P P P 9. Privately Owned & Operated Playground C C C C C C C C C C C C C C C C C 10. Public Animal Pounds & Shelters 11. Public Safety Facilities P P P P P P P P P P P P P P P P P 13. Radio, Television Microwave Towers C C C C C C C C C C C C C C C C C 14. Social, Recreational, Assembly Bldgs P P P 15. Tennis, Handball, Racquet Ball Clubs P 16. Utility Facilities, Garage, Storage Bldg/Yard C C 17. Utility Facilities, Distribution Lines P P P P P P P P P P P P P P P P P 18. Utilities Facilities, Energy Plant C C 19. Utility Facilities, Office P C C E. PROFESSIONAL 1. Accounting Office P P 2. Admin, Executive, Editorial Office P P 3. Architectural, Eng, Planning Office P P 4. Attorney’s Office P P 5. Hospital 6. Insurance Office P P 7. Extended Stay Surgery Center 8. Personal/Family Counselor P P 9. Physician and/or Dentist P P 10. Public Secretary P P Chapter 13 - Zoning District Classifications Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R- OHP R-S MH CG CR NS PO GU F. BUSINESS 1. Barber, Beauty, Styling Shops P P 2. Health, Athletic Shops P P P 3. Massage Shops 4. Medical, Dental, Chiropractic, Optometry, etc. P P 5. Real Estate Office P P 6. Tanning Salon P 7. Travel Bureau or Agency P P 8. Weight Reduction Studio P P P G. RETAIL 1. Art Studio P 2. Art Supply Store P 3. Arts, Crafts, Hobby Shops P 4. Bakery Shops P 5. Bicycle Shop P 6. Beer & Wine Sales (Off-Premise Consumption Only) S* S* S* S* S* S* 7. Confectionary Shop P 8. Dairy Food Shop P 9. Dance Studio P 10. Drug Store, Apothecary, Pharmacy P 11 Dry Cleaners, Pick-up and Drop-off P 12 Dry Cleaning Plan 13 Duplication and Mailing Service P 14 Electrical Goods and Fixtures P 15 Fabric and Knitting Shop P 16 Florist P 17 Grocery Store P 18 Hardware Store P 19 Household Appliance Store P 20 Household Furnishings, Fixtures P 21 Ice Cream Shop P 22 Jewelry, Watch Store P 23 Music Store P 24 Tanning Salon P 25 Pawn Shop P 26 Photograph Service & Studio P P 27 Printing, Publishing, Engraving P 28 Restaurant C C C 29 Restaurant, Drive-In 30 Restaurant w/Alcoholic Beverage Sales C C C Chapter 13 - Zoning District Classifications Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R- OHP R-S MH CG CR NS PO GU G. RETAIL CONT’D 31 Sale of Mixed Beverages in Restaurants by Food & Beverage Certificate Holders Only S* S* S* S* S* S* 32 Sporting Goods Store P P 33 Wallpaper, Paint Store P 34 Wearing Apparel Store P H. RECREATIONAL 1. Community Center (Non-Profit) C C C C C C C C C C C C C C C C P 2. Country Club, Private P 3. Golf Course P 4. Private Health Club P P P 5. Private Stable P 6. Swimming Pool (Private Club) P 7. Swimming Pool, Tennis Court (Non- Profit) C C C C C C C C C C C C C C C C P 8. Tennis Court (Private Residence) C C C C C C C C C C C C (Ord No. 98-29, § XIII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XIII, 3-21-00; Use E(7), 2002-28 P&Z, §,III, 8-19-02; Use E(5), 2003-28 P&Z, § II 12-1-03; Uses G(6)&(31), 2004-10 P&Z, § II, 3/1/04; Use F(6), Ord. No. 2005-07 P&Z, § 4/18/05) Chapter 13 - Zoning Article IV District Regulations Section 4.01 R-15 Single Family District Regulations A. Purpose: The purpose of the R-15 Single Family District is to allow single family detached dwellings on lots of not less than fifteen thousand (15,000) square feet, together with the allowed incidental and accessory uses, in order to promote low population densities within integral neighborhood units. B. Application: Lots in a subdivision legally approved and properly recorded in the Denton County Plat Record prior to the effective date of this ordinance which do not meet the minimum lot sizes and area requirements set forth in this Section shall not be considered to be in violation of said requirements and, for purposes of this Section, shall be deemed to conform to the requirements set forth in this Section. C. Uses Generally: In an R-15 Single Family District no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in Section 3.03, Use Tables, and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the R-15 single Family District in accordance with the regulations provided in Section 5.03, Accessory Structures. 2. Conditional Uses: Conditional uses may be permitted within the R-15 Single Family District in accordance with the regulations provided in Section 6.01, Conditional Use Permit. 3. Limitation of Uses: a. Garage sales are prohibited. b. Any use not expressly permitted or allowed by permit herein is prohibited. D. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless: 1. A plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located; 2. Site Plan: A Site Plan for all non-residential uses has been approved meeting the conditions as provided in Section 5.09, Site Plan Requirements. E. Height Regulations: Except as provided by Section 5.04, Height Limits, no building shall exceed forty feet (40') or two and one-half (2-1/2) stories in height. F. Area Regulations: The following minimum standards shall be required measured from property lines: Chapter 13 - Zoning AREA DESCRIPTION AREA REGULATIONS 1. Lot Size Lots for any permitted use shall have a minimum area of fifteen thousand (15,000) square feet. 2. Minimum Open Space All areas not devoted to buildings, walkways, structures or off- street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance, and other applicable ordinances. 3. Maximum Building Coverage The combined area covered by all main and accessory buildings and structures shall not exceed thirty-five percent (35%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. 4. Minimum Floor Area The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be 2,500 square feet. Residences with more than one (1) story shall have a minimum first floor area of 2,000 square feet. (including garage area) 5. Depth of Front Yard** 30 feet minimum 6. Depth of Rear Yard** 25 feet minimum (No rear yard shall face any street, provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) 7. Width of Side Yard** A minimum of twelve and one-half (12.5) feet; provided, that the distance between buildings and structures on contiguous lots remains a minimum of 25 feet, the width of the side yard on one side may be reduced to not less than 7.5 feet. 8. Width of Side Yard Adjacent to Side Street ** 20 feet minimum 9. Width of Lot 90 feet minimum (measured at front building line) 10. Width of Lot Adjacent to Side Street 110 feet minimum (measured at front building line) 11. Depth of Lot 120 feet minimum (measured at front property lines) Depth of Lot, Cul-De-Sac, or Corner Lot 100 feet minimum **All required yards shall comply with Section 5.05, Required Yards. G. Buffered Area Regulations: Whenever an R-15 Single Family development is located adjacent to an existing HUD Code Manufactured Home and Industrialized Housing district, multi-family development Chapter 13 - Zoning or a non-residential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty-five (25) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. H. Off-Street Parking: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of Section 7.04, Off-Street Parking Requirements, and all other applicable ordinances of the Town. Every residence shall have a garage and shall have a minimum interior measurement of 21 feet by 22 feet. I. Garages: Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply with Section 5.03, Accessory Structures and Uses. J. Off-Street Loading: No off-street loading is required in the R-15 District for residential uses. Off- street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. K. Masonry Requirements: All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal or similar characteristics may be allowed upon approval of the Planning and Zoning Commission. (Ord No. 98-29, § XIV, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XIV, 3-21-00) Chapter 13 - Zoning Section 4.02 R-12 Single Family District Regulations A. Purpose: The purpose of the R-12 Single Family District is to allow single family detached dwellings on lots of not less than twelve thousand (12,000) square feet, together with the allowed incidental and accessory uses, in order to promote low population densities within integral neighborhood units. B. Application: Lots in a subdivision legally approved and properly recorded in the Denton County Plat Record prior to the effective date of this ordinance which do not meet the minimum lot sizes and area requirements set forth in this Section shall not be considered to be in violation of said requirements and, for purposes of this Section, shall be deemed to conform to the requirements set forth in this Section. C. Uses Generally: In an R-12 Single Family District no land shall be used and no building or structure shall be used for or converted to any use other than as set forth in Section 3.03, Use Tables, and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the R-12 Single Family District in accordance with the regulations provided in Section 5.03, Accessory Structures. 2. Conditional Uses: Conditional uses may be permitted within the R-12 Single Family District in accordance with the regulations provided in Section 6.01, Conditional Use Permit. 3. Limitation of Uses: a. Garage sales are prohibited. b. Any use not expressly permitted or allowed by permit herein is prohibited. D. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless: 1. A plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located; 2. Site Plan: A Site Plan for all non-residential uses has been approved meeting the conditions as provided in Section 5.09, Site Plan Requirements. E. Height Regulations: Except as provided by Section 5.04, Height Limits, no building shall exceed forty (40') feet or two and one-half (2-1/2) stories in height. F. Area Regulations: The following minimum standards shall be required measured from property lines: AREA DESCRIPTION AREA REGULATIONS 1. Lot Size Lots for any permitted use shall have a minimum area of twelve thousand (12,000) square feet. 2. Minimum Open Space All areas not devoted to buildings, walkways, structures or off- street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Chapter 13 - Zoning Town Park Land Dedication Ordinance, and other applicable ordinances of the Town. 3. Maximum Building Coverage The combined area covered by all main and accessory buildings and structures shall not exceed thirty-five (35) percent of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. 4. Minimum Floor Area The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Golf Course Lots All Other Lots One story residence 2,500 2,000 One and one-half story or two story residence 2,500* 2,000* Residence on corner lot 2,500* 2,500* * Those residences with more than one (1) story shall have a minimum first floor area of 2,000 square feet. (including garage area) 5. Depth Of Front Yard, ** 25 feet minimum 6. Depth Of Rear Yard, ** 25 feet minimum (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town. 7. Width Of Side Yard ** A minimum of ten (10) feet; provided that the distance between buildings and structures on contiguous lots remains a minimum of 20 feet, the width of the side yard on one side may be reduced to not less than 5 feet. 8. Width of Side Yard Adjacent to Side Street ** 20 feet minimum 9. Width of Lot 90 feet minimum (measured at front building line) 10. Width of Lot Adjacent to Side Street 110 feet minimum (measured at front building line) 11. Depth of Lot 110 feet minimum (measured from front property line) 12. Depth of Lot, Cul-De-Sac or Corner Lot 100 feet minimum **All required yards shall comply with Section 5.05, Required Yards. G. Buffered Area Regulations: Whenever an R-12 Single Family development is located adjacent to an existing HUD Code Manufactured Home and Industrialized Housing district, multi-family development or a non-residential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty-five (25) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, Chapter 13 - Zoning berms or trees to adequately buffer adjoining uses. H. Off-Street Parking: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of Section 7.04, Off-Street Parking Requirements, and all other applicable ordinances of the Town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. I. Garages: Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply with Section 5.03, Accessory Structures and Uses. J. Off-Street Loading: No off-street loading is required in the R-12 Single Family District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. K. Masonry Requirements: All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal or similar characteristics may be allowed upon approval of the Planning and Zoning Commission. (Ord No. 98-29, § XV, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XV, 3-21-00) Chapter 13 - Zoning Section 4.03 R-11 Single Family District Regulations A. Purpose: The purpose of the R-11 Single Family District is to allow single family detached dwellings on lots of not less than eleven thousand (11,000) square feet, together with the allowed incidental and accessory uses, in order to promote low population densities within integral neighborhood units. B. Application: Lots in a subdivision legally approved and properly recorded in the Denton County Plat Record prior to the effective date of this ordinance which do not meet the minimum lot sizes and area requirements set forth in this Section shall not be considered to be in violation of said requirements and, for purposes of this Section, shall be deemed to conform to the requirements set forth in this Section. C. Uses Generally: In an R-11 Single Family District no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in Section 3.03, Use Tables, and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the R-11 Single Family District in accordance with the regulations provided in Section 5.03, Accessory Structures. 2. Conditional Uses: Conditional uses may be permitted within the R-11 Single Family District in accordance with the regulations provided in Section 6.01, Conditional Use Permit. 3. Limitation of Uses: a. Garage sales are prohibited. b. Any use not expressly permitted or allowed by permit herein is prohibited. D. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless: 1. A plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located; 2. Site Plan: A Site Plan for all non-residential uses has been approved meeting the conditions as provided in Section 5.09, Site Plan Requirements. E. Height Regulations: Except as provided by Section 5.04, Height Limits, no building shall exceed forty (40') feet or two and one-half (2-1/2) stories in height. F. Area Regulations: The following minimum standards shall be required measured from property lines: AREA DESCRIPTION AREA REGULATIONS 1. Lot Size Lots for any permitted use shall have a minimum area of twelve thousand (12,000) square feet. 2. Minimum Open Space All areas not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, Chapter 13 - Zoning gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance, and other applicable ordinances of the Town. 3. Maximum Building Coverage The combined area covered by all main and accessory buildings and structures shall not exceed thirty-five (35) percent of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. 4. Minimum Floor Area The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Golf Course Lots All Other Lots One story residence 2,500 2,000 One and one-half story or two story residence 2,500* 2,000* Residence on corner lot 2,500* 2,500* * Those residences with more than one (1) story shall have a minimum first floor area of 1,100 square feet. 5. Depth Of Front Yard, ** 25 feet minimum 6. Depth Of Rear Yard, ** 25 feet minimum (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town. 7. Width Of Side Yard ** A minimum of ten (10) feet; provided that the distance between buildings and structures on contiguous lots remains a minimum of 20 feet, the width of the side yard on one side may be reduced to not less than 5 feet. 8. Width of Side Yard Adjacent 20 feet minimum 9. Width of Lot 90 feet minimum (measured at front building line) 10. Width of Lot Adjacent to Side Street 110 feet minimum (measured at front building line) 11. Depth of Lot 110 feet minimum (measured from front property line) 12. Depth of Lot, Cul-De-Sac or Corner Lot 100 feet minimum ** All required yards shall comply with Section 5.05, Required Yards G. Buffered Area Regulations: Whenever an R-12 Single Family development is located adjacent to an existing HUD Code Manufactured Home and Industrialized Housing district, multi-family development or a non-residential district, without any division such as a dedicated public street, Chapter 13 - Zoning park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty-five (25) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. H. Off-Street Parking: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of Section 7.04, Off-Street Parking Requirements, and all other applicable ordinances of the Town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. I. Garages: Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply with Section 5.03, Accessory Structures and Uses. J. Off-Street Loading: No off-street loading is required in the R-12 Single Family District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. K. Masonry Requirements: All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal or similar characteristics may be allowed upon approval of the Planning and Zoning Commission. (Ord No. 98-29, § XVI, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XVI, 3-21-00) Chapter 13 - Zoning Section 4.04 R-10 Single Family District Regulations A. Purpose: The purpose of the R-10 Single Family District is to allow single family detached dwellings on lots of not less than ten thousand (10,000) square feet, together with the allowed incidental and accessory uses, in order to promote low population densities within integral neighborhood units. B. Application: Lots in a subdivision legally approved and properly recorded in the Denton County Plat Record prior to the effective date of this ordinance which do not meet the minimum lot sizes and area requirements set forth in this Section shall not be considered to be in violation of said requirements and, for purposes of this Section, shall be deemed to conform to the requirements set forth in this Section. C. Uses Generally: In an R-10 Single Family District no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in Section 3.03, Use Tables, relating to permitted principal uses and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the R-10 Single Family District in accordance with the regulations provided in Section 5.03, Accessory Structures. 2. Conditional Uses: Conditional uses may be permitted within the R-10 Single Family District in accordance with the regulations provided in Section 6.01, Conditional Use Permit. 3. Limitation of Uses: a. Garage sales are prohibited. b. Any use not expressly permitted or allowed by permit herein is prohibited. D. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless: 1. A plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located; 2. Site Plan: A Site Plan for all non-residential uses has been approved meeting the conditions as provided in Section 41, Site Plan Requirements. E. Height Regulations: Except as provided by Section 5.04, Height Limits, no building shall exceed forty (40') feet or two and one-half (2-1/2) stories in height. F. Area Regulations: The following minimum standards shall be required measured from property lines: AREA DESCRIPTION AREA REGULATIONS 1. Lot Size Lots for any permitted use shall have a minimum area of ten thousand (10,000) square feet. 2. Minimum Open Space All areas not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, Chapter 13 - Zoning gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance, and other applicable ordinances of the Town. 3. Maximum Building Coverage The combined area covered by all main and accessory buildings and structures shall not exceed thirty-five (35) percent of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. 4. Minimum Floor Area The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Golf Course Lots All Other Lots One story residence 2,250 2,000 One and one-half story or two story residence 2,250* 2,000* Residence on corner lot 2,250* 2,250* * Those residences with more than one (1) story shall have a minimum first floor area of 1,800 square feet. (including garage area) 5. Depth of front yard ** 25 feet minimum 6. Depth of rear yard ** 25 feet minimum (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) 7. Width of side yard ** A minimum of ten (10) feet; provided that the distance between buildings and structures on contiguous lots remains a minimum of 20 feet, the width of the side yard on one side may be reduced to not less than 5 feet. 8. Width of side yard adjacent to side street ** 15 feet minimum 9. Width of lot 80 feet minimum (measured at front building line) 10. Width of lot adjacent to side street 95 feet minimum (measured at front building line) 11. Depth of lot, 100 feet minimum (measured from front property line) 12. Depth of lot, cul-de-sac or corner lot 100 feet minimum **All required yards shall comply with Section 5.05, Required Yards G. Buffered Area Regulations: Whenever an R-10 Single Family development is located adjacent to an existing HUD Code Manufactured Home and Industrialized Housing district, multi-family Chapter 13 - Zoning development or a non-residential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty-five (25) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. H. Off-Street Parking: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of Section 7.04, Off-Street Parking Requirements, and all other applicable ordinances of the Town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. I. Garages: Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply with Section 5.03, Accessory Structures and Uses. J. Off-Street Loading: No off-street loading is required in the R-10 Single Family District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. K. Masonry Requirements: All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal or similar characteristics may be allowed upon approval of the Planning and Zoning Commission. (Ord No. 98-29, § XVII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XVII, 3-21-00) Chapter 13 - Zoning Section 4.05 R-9 Single Family District Regulations A. Purpose: The purpose of the R-9 Single Family District is to allow single family detached dwellings on lots of not less than nine thousand (9,000) square feet, together with the allowed incidental and accessory uses, in order to promote low population densities within integral neighborhood units. B. Application: Lots in a subdivision legally approved and properly recorded in the Denton County Plat Record prior to the effective date of this ordinance which do not meet the minimum lot sizes and area requirements set forth in this Section shall not be considered to be in violation of said requirements and, for purposes of this Section, shall be deemed to conform to the requirements set forth in this Section. C. Uses Generally: In an R-9 Single Family District no land shall be uses and no building or structure shall be installed, erected for or converted to any use other than as set forth in Section 3.03, Use Tables, and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the R-9 Single Family District in accordance with the regulations provided in Section 5.03, Accessory Structures. 2. Conditional Uses: Conditional uses may be permitted within the R-9 Single Family District in accordance with the regulations provided in Section 6.01, Conditional Use Permit. 3. Limitation of Uses: a. Garage sales are prohibited. b. Any use not expressly permitted or allowed by permit herein is prohibited. D. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless: 1. A plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located; 2. Site Plan: A Site Plan for all non-residential uses has been approved meeting the conditions as provided in Section 5.09, Site Plan Requirements. E. Height Regulations: Except as provided by Section 5.05, Height Limits, no building shall exceed forty (40') feet or two and one-half (2-1/2) stories in height. F. Area Regulations: The following minimum standards shall be required measured from property lines: AREA DESCRIPTION AREA REGULATIONS 1. Lot Size Lots for any permitted use shall have a minimum area of nine thousand (9,000) square feet. 2. Minimum Open Space All areas not devoted to buildings, walkways, structures or off- street parking area shall be devoted to grass, trees, gardens, Chapter 13 - Zoning shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance, and other applicable ordinances of the Town. 3. Maximum Building Coverage The combined area covered by all main and accessory buildings and structures shall not exceed thirty-five (35) percent of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. 4. Minimum Floor Area The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Golf Course Lots All Other Lots One story residence 2,000 1,800 One and one-half story or two story residence 2,000* 1,800* Residence on corner lot 2,000* 2,000* * Those residences with more than one (1) story shall have a minimum first floor area of 1,200 square feet. (including garage area) 5. Depth of front yard ** 25 feet minimum 6. Depth of rear yard ** 25 feet minimum (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) 7. Width of side yard ** A minimum of seven and one-half (7.5) feet; provided that the distance between buildings and structures on contiguous lots remains a minimum of 15 feet, the width of the side yard on one side may be reduced to not less than 5 feet. 8. Width of side yard adjacent to side street ** 15 feet minimum 9. Width of lot 85 feet minimum (measured at front building line) 10. Width of lot adjacent to side street 70 feet minimum (measured at front building line) 11. Depth of lot 110 feet minimum (measured from front property line) 12. Depth of lot, cul-de-sac or corner lot 90 feet minimum **All required yards shall comply with Section 5.05, Required Yards. G. Buffered Area Regulations: Whenever an R-9 Single Family development is located adjacent to an Chapter 13 - Zoning existing HUD Code Manufactured Home and Industrialized Housing district, multi-family development or a non-residential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty (20) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. H. Garages: Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply with Section 5.03, Accessory Structures and Uses. I. Off-Street Parking: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of Section 7.04, Off-Street Parking Requirements, and all other applicable ordinances of the Town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. J. Off-Street Loading: No off-street loading is required in the R-9 Single Family District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. K. Masonry Requirements: All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal or similar characteristics may be allowed upon approval of the Planning and Zoning Commission. (Ord No. 98-29, § XVIII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XVIII, 3-21-00) Chapter 13 - Zoning Section 4.06 R-8 Single Family District Regulations A. Purpose: The purpose of the R-8 Single Family District is to allow single family detached dwellings on lots of not less than eight thousand (8,000) square feet, together with the allowed incidental and accessory uses, in order to promote low population densities within integral neighborhood units. B. Application: Lots in a subdivision legally approved and properly recorded in the Denton County Plat Record prior to the effective date of this ordinance which do not meet the minimum lot sizes and area requirements set forth in this Section shall not be considered to be in violation of said requirements and, for purposes of this Section, shall be deemed to conform to the minimum requirements required in this Section. C. Uses Generally: In the R-- 8 Single Family District no land shall be used and no building or structure shall be installed, erected for or converted to any other than as set forth in Section 3.03, Use Tables, and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the R-8 Single Family District in accordance with the regulations provided in Section 5.03, Accessory Structures. 2. Conditional Uses: Conditional uses may be permitted within the R-8 Single Family District in accordance with the regulations provided in Section 6.01, Conditional Use Permit. 3. Limitation of Uses: a. Garage sales are prohibited. b. Any use not expressly permitted or allowed by permit herein is prohibited. D. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless: 1. A plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located; 2. Site Plan: A Site Plan for all non-residential uses has been approved meeting the conditions as provided in Section 5.09, Site Plan Requirements. E. Height Regulations: Except as provided by Section 5.04, Height Limits, no building shall exceed forty (40') feet or two and one-half (2-1/2) stories in height. F. Area Regulations: The following minimum standards shall be required measured from property lines: AREA DESCRIPTION AREA REGULATIONS 1. Lot Size Lots for any permitted use shall have a minimum area of eight thousand (8,000) square feet. 2. Minimum Open Space All areas not devoted to buildings, walkways, structures or off- street parking area shall be devoted to grass, trees, gardens, Chapter 13 - Zoning shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance, and other applicable ordinances of the Town. 3. Maximum Building Coverage The combined area covered by all main and accessory buildings and structures shall not exceed thirty-five (35) percent of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. 4. Minimum Floor Area The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Golf Course Lots All Other Lots One story residence 2,000 1,650 One and one-half story or two story residence 2,000* 1,800* Residence on corner lot 2,000* 2,000* * Those residences with more than one (1) story shall have a minimum first floor area of 1,100 square feet. (including garage area) 5. Depth of front yard ** 25 feet minimum 6. Depth of rear yard ** 20 feet minimum (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) 7. Width of side yard ** A minimum of five (5) feet each side 8. Width of side yard adjacent to side street ** 15 feet minimum 9. Width of lot 60 feet minimum (measured at front building line) 10. Width of lot adjacent to side street 75 feet minimum (measured at front building line) 11. Depth of lot 100 feet minimum (measured from front property line) 12. Depth of lot, cul-de-sac or corner lot 85 feet minimum **All required yards shall comply with Section 5.05, Required Yards. G. Buffered Area Regulations: Whenever an R-8 Single Family development is located adjacent to an existing HUD Code Manufactured Home and Industrialized Housing district, multi-family development or a non-residential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty (20) feet from Chapter 13 - Zoning the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. H. Garages: Attached garages are not permitted to face any public dedicated street for all lots which are nine thousand (9,000) square feet or greater. In addition, no more than two contiguous lots may have front entry attached garages. Attached garages are not permitted to face any side street. Detached garages shall comply with Section 5.03, Accessory Structures and Uses. I. Off-Street Parking: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of Section 7.04, Off-Street Parking Requirements, and all other applicable ordinances of the Town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. J. Off-Street Loading: No off-street loading is required in the R-8 Single Family District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. K. Masonry Requirements: All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal or similar characteristics may be allowed upon approval of the Planning and Zoning Commission. (Ord No. 98-29, § XIX, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XIX, 3-21-00) Chapter 13 - Zoning Section 4.07 R-FV Single Family District Regulations A. Purpose: The purpose of the R-Fairway Village Single Family District is to allow single family detached dwellings on lots of not less than three thousand (3,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. B. Application: Lots within this district are located in Fairway Village (a subdivision legally approved and properly recorded in the Denton County Plat Record prior to the effective date of this ordinance). Those lots which do not meet the minimum lot size requirements set forth in this Section, shall not be considered to be in violation of said lot size requirements and, for purposes of this Section, shall be deemed to conform to the minimum lot size required in this Section. C. Uses Generally: In an R-Fairway Village Single Family District no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in Section 3.03, Use Tables, and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the R-Fairway Village Single Family District in accordance with the regulations provided in Section 5.03, Accessory Structures. 2. Conditional Uses: Conditional uses may be permitted within the R-Fairway Village Single Family District in accordance with the regulations provided in Section 6.01, Conditional Use Permit. 3. Limitation of Uses: a. Garage sales are prohibited. b. Any use not expressly permitted or allowed by permit herein is prohibited. D. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. A Site Plan for all non-residential uses must be provided meeting the conditions as provided in Section 5.09, Site Plan Requirements. E. Height Regulations: Except as provided by Section 5.04, Height Limits, no building shall have more than two and one-half (2-1/2) stories, nor exceed 40' feet in height. F. Area Regulations: The following minimum standards shall be required measured from property lines: AREA DESCRIPTION AREA REGULATIONS 1. Lot Size Lots for any permitted use shall have a minimum area of three thousand (3,000) square feet. 2. Minimum Open Space All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance, and other applicable ordinances of the Town. 3. Minimum Floor Area The minimum square footage of a dwelling unit, exclusive of Chapter 13 - Zoning garages, breezeways and porches, shall be in accordance with the following: Type of Structure Minimum Exterior Area (in square feet) One story residence 1,200 One and one-half story, two story, two and one- half story residences 1,500* * Those residences with one and one-half stories or greater shall have a minimum first floor area of 1,000 square feet. 4. Depth of Front Yard 10 feet minimum (Lots 10, 12, through 17) 15 feet minimum (Lots 1 through 9, 11) 5. Depth of Rear Yard 10 feet minimum 6. Width of Lot 40 feet minimum (measured at front building line) 7. Depth of Lot 70 feet minimum (measured at the mid-point of the frontage) *Those residences with one and one-half stories or greater shall have a minimum first floor area of 1000 square feet. G. Off-Street Parking: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of Section 7.04, Off-Street Parking Requirements, and all other applicable ordinances of the Town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. H. Garages: Attached and detached garages shall not face a golf course. Detached garages shall comply with Section 5.03, Accessory Structures and Uses. I. Off-Street Loading: No off-street loading is required in the R-Fairway Village District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. J. Masonry Requirement: All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. (Ord No. 98-29, § XX, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XX, 3-21-00) Chapter 13 - Zoning Section 4.08 R-TT Twenty in Trophy Single Family District Regulations A. Purpose: The purpose of the R-Twenty in Trophy Single Family District is to allow single family detached dwellings on lots of not less than eight thousand (8,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. B. Application: Lots within this district are located in Twenty in Trophy (a subdivision legally approved and properly recorded in the Denton County Plat Record prior to the effective date of this ordinance). Those lots which do not meet the minimum lot size requirements set forth in this Section shall not be considered to be in violation of said lot size requirements and, for purposes of this Section, shall be deemed to conform to the minimum lot size required in this Section. C. Uses Generally: In the R-Twenty In Trophy Single Family District no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in Section 3.03, Use Tables, and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the R-Twenty in Trophy Single Family District in accordance with the regulations provided in Section 5.03, Accessory Structures. 2. Conditional Uses: Conditional uses may be permitted within the R-Twenty in Trophy Single Family District in accordance with the regulations provided in Section 6.01, Conditional Use Permit. 3. Limitation of Uses: a. Garage sales are prohibited. b. Any use not expressly permitted or allowed by permit herein is prohibited. D. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. A Site Plan for all non-residential uses must be provided meeting the conditions as provided in Section 5.09, Site Plan Requirements. E. Height Regulations: Except as provided by Section 5.04, Height Limits of this ordinance, no building shall have more than two and one-half (2-1/2) stories, nor exceed 40' feet in height. F. Area Regulations: The following minimum standards shall be required measured from property lines: AREA DESCRIPTION AREA REGULATIONS 1. Lot Size Lots for any permitted use shall have a minimum area of eight thousand (8,000) square feet. 2. Minimum Open Space All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, Chapter 13 - Zoning shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance, and other applicable ordinances of the Town. 3. Minimum Floor Area The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Minimum Exterior Area (in square feet) One story, and one-half story, two story, two and one-half story residences 1,800* * Those residences shall have a minimum first floor area of 1,000 square feet. 4. Depth of Front Yard** 15 feet minimum 5. Depth of Rear Yard** 15 feet minimum 6. Width of Side Yard on 6 feet minimum one side only 7. Width of Side Yard Adjacent to Side Street 10 feet minimum 8. Width of Lot 45 feet minimum (measured at front building line) 9. Depth of Lot 95 feet minimum (measured at the mid-point of the frontage) G. Off-Street Parking: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of Section 7.04, Off-Street Parking Requirements, and all other applicable ordinances of the Town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. H. Garages: Attached and Detached garages shall not face a golf course. Detached garages shall comply with Section 5.03, Accessory Structures and Uses. I. Off-Street Loading: No off-street loading is required in the R-TT Twenty In Trophy District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. J. Masonry Requirement: All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. Chapter 13 - Zoning (Ord No. 98-29, § XXI, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXI, 3-21-00) Chapter 13 - Zoning Section 4.09 R-OH Oak Hill Single Family District Regulations A. Purpose: The purpose of the R-OH Oak Hill Single Family District is to allow single family detached dwellings on lots of not less than eight thousand eight hundred (8,800) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. B. Application: Lots within this district are located in Oak Hill (a subdivision legally approved and properly recorded in the Denton County Plat Record prior to the effective date of this ordinance). Those lots which do not meet the minimum lot size requirements set forth in this Section shall not be considered to be in violation of said lot size requirements and, for purposes of this Section, shall be deemed to conform to the minimum lot size required in this Section. C. Uses Generally: In the R-Oak Hill Single Family District no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in Section 3.03, Use Tables, and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the R-Oak Hill Single Family District in accordance with the regulations provided in Section 5.03, Accessory Structures. 2. Conditional Uses: Conditional uses may be permitted within the R-OH Oak Hill Single Family District in accordance with the regulations provided in Section 6.01, Conditional Permit. 3. Limitation of Uses: a. Garage sales are prohibited. b. Any use not expressly permitted or allowed by permit herein is prohibited. D. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. A Site Plan for all non-residential uses must be provided meeting the conditions as provided in Section 5.09, Site Plan Requirements. E. Height Regulations: Except as provided by Section 5.04, Height Limits, no building shall be more than two and one-half (2-1/2) stories, nor exceed 40' feet in height as shown below: Golf Course Lots* Lakefront Lots* Town and Country View Lots* Town and Country Lots* Maximum Height 30 ft. 30 ft. 30 ft. 35 ft. Maximum Stories 1-½ 1-½ 1-½ 2-½ *Golf course lots shall refer to lots 21 through 39 and lots 67 through 72 of Replat of Trophy Club Oak Hill; Lakefront lots shall refer to lots 40 through 43 of Replat of Trophy Club Oak Hill; Town and Country View lots shall refer to lots 44 through 60 and lots 66 of Replat of Trophy Club Oak Hill; and, Town and County lots shall refer to lots 61 through 65 of Replat of Trophy Club Oak Hill. F. Area Regulations: The following minimum standards shall be required measured from property lines: Chapter 13 - Zoning AREA DESCRIPTION AREA REGULATIONS 1. Lot Size Lots for any permitted use shall have a minimum area of eight thousand eight hundred (8,800) square feet. 2. Minimum Open Space All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance, and other applicable ordinances of the Town. 3. Minimum Floor Area The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Description of Structure Golf Course Lots Lakefront Lots Town and Country View Lots Town and Country Lots 1 story 2,500 2,500 2,500 2,000 1-½ story 2,500 2,500 2,500 2,500 2 story prohibited prohibited prohibited 2,500 2-½ story prohibited prohibited prohibited 2,500 Golf Course Lots* Lakefront Lots* Town and Country View Lots Town and Country Lots 4. Depth of Front Yard, ft 25 (1) 20 25 (2) 20 (3) 5. Depth of Rear Yard, ft 20 20 (4) 20 20 6. Width of Side Yard on Each Side, ft 5 (5) 5 (5) 5 5 7. Width of Side Yard Adjacent to Street, ft 20 (6) 20 15 - (1) Front yard setback line shall be twenty (20) feet for lots 22 through 25, lots 26 and 27, and lots 67 through 72. (2) Front yard setback line shall be thirty (30) feet on lot 46; fifteen (15) feet for lots 59, 60, and 66. (3) Front yard setback line shall be twenty-five (25) feet on lot 61 and fifteen (15) feet on lots 64 and 65. (4) Rear yard setback shall be forty-five (45) feet on lot 40. Chapter 13 - Zoning (5) The northwest side lot line of lot 24, southwest side lot line of lot 43, and northeast side lot line of lot 72 shall have a side yard setback of fifteen (15) feet; the southwest side lot line of lot 27 and the northwest side lot line of lot 36 shall have a side yard setback of twenty (20) feet; and the north side lot line of lot 42 shall have a side yard setback of ten (10) feet. (6) A side street setback line of fifteen (15) feet shall be located on lot 25. 8. Width of Lot 75 feet minimum (measured at front building line) 9. Depth of Lot 110 feet minimum (measured at the mid-point of the frontage) G. Off-Street Parking: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of Section 7.04, Off-Street Parking Requirements, and all other applicable ordinances of the Town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. H. Garages: Attached garages shall not face any public right-of-way or a golf course. Detached garages shall comply with Section 5.03, Accessory Structures and Uses. I. Off-Street Loading: No off-street loading is required in the R-OH Oak Hill District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. J. Masonry Requirement: All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eight (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. (Ord No. 98-29, § XXII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXII, 3-21-00) Chapter 13 - Zoning Section 4.10 R-OHP Oak Hill Patio Single Family District Regulations A. Purpose: The purpose of the R-Oak Hill Patio Single Family District is to allow single family detached dwellings on lots of not less than five thousand five hundred (5,500) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. B. Application: Lots within this district are located in the Oak Hill Patio (a subdivision legally approved and properly recorded in the Denton County Plat Record prior to the effective date of this ordinance). Those lots which do not meet the minimum lot size requirements set forth in this Section shall not be considered to be in violation of said lot size requirements and, for purposes of this Section, shall be deemed to conform to the minimum lot size required in this Section. C. Uses Generally: In the R-OHP Oak Hill Patio Single Family District no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in Section 13, Use Tables, and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the R-OHP Oak Hill Patio Single Family District in accordance with the regulations provided in Section 35, Accessory Structures. 2. Conditional Uses: Conditional uses may be permitted within the R-OHP Oak Hill Patio Single Family District in accordance with the regulations provided in Section 44, Conditional Permit. 3. Limitation of Uses: a. Garage sales are prohibited. b. Any use not expressly permitted or allowed by permit herein is prohibited. D. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. A Site Plan for all non-residential uses must be provided meeting the conditions as provided in Section 5.09, Site Plan Requirements. E. Height Regulations: Except as provided by Section 5.04, Height Limits, no building shall be more than two (2) stories, nor exceed 28 feet in height. F. Area Regulations: The following minimum standards shall be required measured from property lines: AREA DESCRIPTION AREA REGULATIONS 1. Lot Size Lots for any permitted use shall have a minimum area of five thousand five hundred (5,500) square feet. 2. Minimum Open Space All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with Chapter 13 - Zoning the Town Park Land Dedication Ordinance, and other applicable ordinances of the Town. 3. Minimum Floor Area The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Minimum Exterior Area (in square feet) Patio Lots One 1,500 1,200 One and on-half story two, two and one-half story residence 1,800(3) 1,500(2) (1) Golf course patio lots shall refer to lots 9 through 17 of Replat of Trophy Club Oak Hill; and, patio lots shall refer to lots 1 through 8 and 18 through 20 of Replat of Trophy Club Oak Hill. (2) Those residences with more than one (1) story shall have a minimum first floor area of 1,000 square feet. (3) These residences with more than one (1) story shall have a minimum first floor area of 1,200 square feet. Golf Course Patio Lots (1) Patio Lots 4. Depth of Front Yard 20 (2) 15(2) ft. min 5. Depth of Rear Yard 20 ft. min, 20 ft. min. 6. Width of Side Yard on One Side 8 (3) ft. min. 5 (3) ft. min. 7. Width of Side Yard Adjacent to Street 10 ft. min. 10 ft. min. (1) Zero (0) building lines shall be referred to and located as the northwest side lot lines of lots 1 through 8; the northeast side lot lines of lots 9, 19, and 20; and the northwest side lot line of lots 12 through 17. (2) Front yard setback line shall be ten (10) feet for lot 10, 15, 16, and 17; and shall be fifteen (15) feet for lots 18 through 20. (3) Front yard setback shall be eight (8) feet for lot 18 and 19; fifteen (15) feet on lot 9; and, ten (10) feet on the northeast lot line of lot 10. 8. Width of Lot 45 feet minimum (measured at front building line) 9. Depth of Lot 100 feet minimum (measured at the mid-point of the frontage) G. Off-Street Parking: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of Section 48, Off-Street Parking Requirements, and all other applicable ordinances of Chapter 13 - Zoning the Town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. H. Garages: Attached and detached garages shall not face a golf course. Detached garages shall comply with Section 35, Accessory Structures and Uses. I. Off-Street Loading: No off-street loading is required in the R-Oak Hill Patio District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. J. Masonry Requirement: All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. (Ord No. 98-29, § XXIII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXIII, 3-21-00) Chapter 13 - Zoning Section 4.11 R-S Summit Single Family District Regulations A. Purpose: The purpose of the R-Summit Single Family District is to allow single family detached dwellings on lots of not less than five thousand seven hundred fifty (5,750) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. B. Application: Lots within this district are located in the Summit (a subdivision legally approved and properly recorded in the Denton County Plat Record prior to the effective date of this ordinance). Those lots which do not meet the minimum lot size requirements set forth in this Section shall not be considered to be in violation of said lot size requirements and, for purposes of this Section, shall be deemed to conform to the minimum lot size required in this Section. C. Uses Generally: In the R-Summit Single Family District no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in Section 3.03, Use Tables, and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the R-Summit Single Family District in accordance with the regulations provided in Section 5.03, Accessory Structures. 2. Conditional Uses: Conditional uses may be permitted within the R-Summit Single Family District in accordance with the regulations provided in Section 6.01, Conditional Permit. 3. Limitation of Uses: a. Garage sales are prohibited. b. Any use not expressly permitted or allowed by permit herein is prohibited. D. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. A Site Plan for all non-residential uses must be provided meeting the conditions as provided in Section 5.09, Site Plan Requirements. E. Height Regulations: Except as provided by Section 5.04, Height Limits, no building shall be more than two and one-half stories (2-1/2), nor exceed 40' feet in height. F. Area Regulations: The following minimum standards shall be required measured from property lines: AREA DESCRIPTION AREA REGULATIONS 1. Lot Size Lots for any permitted use shall have a minimum area of (5,750) square feet. 2. Minimum Open Space All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance, and other Chapter 13 - Zoning applicable ordinances of the Town. 3. Minimum Floor Area The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Minimum Exterior Area (in square feet) One, one and one-half story, two and one-half story 1,500* * Those residences with one and one-half stories or greater shall have a minimum first floor area of 1,000 square feet. 4. Depth of Front Yard 5 (1) feet minimum (Lots 10, 12, through 17) 5. Depth of Rear Yard 15(2) feet minimum 5. Width of Side Yard 15(3) feet minimum on one side 6. Width of Side 15(4) feet minimum (1) The front yard setback line for lot 6 shall be ten 910) feet. (2) The rear yard setback for lots 7 through 15 and the southernmost lot line of lot 6 shall be twenty (20) feet; and the rear yard se back for lots 1 through 5 and the westernmost lot line of lot 6 shall be thirty (30) feet. (3) The side yard line of each lot which has no building setback line adjacent and parallel to it as shown on the subdivision plat, shall be known as the "zero lot line." Side yard for lots 14 and 15 shall be 20 ft; the joint side yard for lots 6 and 7 shall be 7.5 ft; and the joint side yard line for lots 9 and 10 and 11 and 12 shall be 5 ft. (4) Side yards adjacent to streets shall be 20 ft on lots 14 & 15; shall be 10 ft for lot 7. 7. Width of Lot 45 feet minimum (measured at front building line) 8. Depth of Lot 105 feet minimum (measured mid-point of the frontage) G. Off-Street Parking: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of Section 7.04, Off-Street Parking Requirements, and all other applicable ordinances of the Town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. H. Garages: Attached and detached garages shall not face a golf course. Detached garages shall comply with Section 5.03, Accessory Structures and Uses. Chapter 13 - Zoning I. Off-Street Loading: No off-street loading is required in the R-S Summit District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. J. Masonry Requirement: All principal and accessory buildings and structures located in each of the zoning districts herein shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. (Ord No. 98-29, § XXIV, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXIV, 3-21-00) Chapter 13 - Zoning Section 4.12 MH-HUD Code Manufactured Home and Industrialized Housing District Regulations A. Purpose: The purpose of this district is to provide adequate space and restrictions for the placement of HUD-Code Manufactured Homes and Industrialized Housing in the Town within designated subdivisions. (This does not include Mobile Homes as defined in this ordinance) The “MH” District is also established to provide housing densities compatible with existing and proposed neighborhoods by providing alternative housing types both in construction and economy within the “MH” District. No HUD-Code Manufactured home or Industrialized housing shall be allowed on any parcel or lot except on parcels or lots within the “MH” District. It is the intent of the “MH” HUD-Code Manufactured Home or Industrialized Housing District to provide the maximum amount of freedom possible in the design of such developments and the grouping and layout of homes within such developments in order to provide amenities normally associated with planned residential areas. B. HUD-Code Manufactured Home / Industrialized Housing Subdivision: Land within the “MH” District will be developed as a HUD-Code Manufactured Home or Industrialized Housing subdivision. Lots within the MH district will be sold to private individuals in strict conformance with the terms and conditions under which the subdivision was approved by the Planning and Zoning Commission. All roadways within a HUD-Code Manufactured Home or Industrialized Housing subdivision shall be dedicated to the public. Private interior drives must be approved by the town. Land zoned “MH” which is not developed as a HUD-Code Manufactured Home or Industrialized Housing Subdivision may be developed as R11, R12, and R15, so long as it is developed in accordance with the regulations of said district. In such case, manufactured homes or industrialized housing will not be permitted. C. Uses Generally: In the “MH" HUD-Code Manufactured Home or Industrialized Housing District no land shall be used and no building shall be installed, erected or converted to any use other than as set forth in Section 3.03, Use Tables, and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the “MH" HUD-Code Manufactured Home and Industrialized Housing District in accordance with the regulations provided in Section 5.03 Accessory Structures. 2. Conditional Uses: Conditional uses may be permitted within the “MH" HUD-Code Manufactured Home and Industrialized Housing District in accordance with the regulations provided in Section 6.01, Conditional Permit. 3. Limitation of Uses: a. Garage sales are prohibited. b. Any use not expressly permitted or allowed by permit herein is prohibited. D. Site Plan Requirements: All properties within this district shall be contiguous and shall be totally developed under a unified site plan. No application for a building permit for the construction of a building or structure shall be approved unless a Site Plan has been approved meeting the conditions as provided in Section 5.09, Site Plan Requirements. Chapter 13 - Zoning E. Density Regulations: A maximum density within the MH District shall not exceed one (1) dwelling per lot and shall not exceed five (5) units per acre. F. Height Regulations: No building constructed in a HUD-Code Manufactured Home or Industrial housing district shall exceed twenty-five (25) feet, or one (1) story in height. G. Area Regulations: The following minimum standards shall be required, measured from property lines: AREA DESCRIPTION AREA REGULATIONS 1. Lot Size Lots for permitted uses shall have a minimum area of seven thousand five hundred (7,500) square feet of area. 2. Minimum Open Space 60 feet minimum (measured at front building line) 3. Minimum Floor Area 60 feet minimum (measured at front building line) 4. Depth of Lot 100 minimum (measured at mid-point of the frontage) 5. Depth of Front Yard** 25 feet minimum 6. Depth of Side Yard** Not less than fifteen (15) feet to any one side and no building shall be closer than fifteen (15) feet to any adjacent dwelling. 7. Depth of Rear Yard** 25 feet minimum (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) H. Landscaping Requirements: Landscaping shall be required in accordance with Section 7.03, Landscape Regulations. I. Underground Utilities: All utility lateral and service lines located within the MH District shall be installed underground in accordance with the requirements as provided in the Subdivision Regulations as adopted by the Town. J. Open Space Area: Open Space designated for the use and enjoyment of all residents, shall be provided within a HUD Code Manufactured Home or Industrialized Housing subdivision at the ratio of five hundred (500) square feet for each of the first twenty (20) units, and two hundred (200) square feet for each additional unit in excess of twenty (20). Designated Open Space shall be developed and maintained for recreational and leisure activities and shall be located within the subdivision being developed. K. Development and Installation Standards: Chapter 13 - Zoning 1. HUD Code Manufactured Homes and Industrialized homes shall have the axles, wheels, and tow bar or tongue removed and shall be secured to a permanent foundation or footing and piers, all in accordance with manufacturer’s specifications. 2. HUD Code Manufactured Homes must have a minimum of an eighteen-inch crawl space left under all homes. 3. A concrete or asphalt surface with good drainage shall cover the area where a home is to be sited. 4. It is recommended that each HUD Code Manufactured home site have a slab or patio not less than twenty feet in length and six feet in width, comprised of concrete, flagstone, or similar substance, installed adjacent to each site. 5. HUD Code Manufactured Homes shall have permanent steps installed at all exits. 6. Skirting shall be securely attached on all sides between the HUD Code Manufactured home and the ground on all sides within thirty days of home installation. Skirting materials shall consist of materials which are compatible with design of the home and enhance its appearance. Unpainted or untreated corrugated metal, screen or wire, or lattice type skirting is prohibited. 7. Construction, siting, and installation of the homes shall be in conformance with applicable federal, state, and local codes and standards, and each HUD Code Manufactured home shall have affixed a seal of the appropriate federal or state department. 8. Sanitation, fire protection and underground utility services shall be provided to each lot in accordance with the Town and Municipal Utility District ordinances and regulations. 9. Ingress and egress to the property shall be provided in accordance with the requirements of the Town ordinance standards and regulations. 10. Drainage and garbage collection right-of-way, fire lanes and utility easements shall be provided as required by the Town. Such can be accomplished by designating all private interior drives within the project as easements for vehicular access and service. 11. Soil conditions, ground water level, drainage, flooding, and topography shall not create hazards to the developed portion of the property or the health and safety of the residents. 12. HUD-Code Manufactured Home or Industrialized Housing subdivisions shall be developed at densities reasonably comparable to adjacent residential uses or have adequate landscape buffering or open space to provide transition of uses. Adequate landscape buffering or open space for transition purposes shall be determined on an individual site basis and shall be subject to approval of the Town. 13. Any structural alteration or modification of a HUD-Code Manufactured Home or Industrialized Home after it is placed on the site must be approved by the Building Official of the Town of Trophy Club. All structural additions shall comply with the Town’s Building Codes and ordinances. 14. Site Built Additions: The addition of peaked roof facades, atrium entrances, garages, porches and patios are encouraged in order to increase the compatibility with conventional single family housing design in the Town. 15. A carport or garage shall be constructed on site. Said garage or carport shall be of masonry construction and shall have roofing material similar to that permitted in the R-12 District. The Chapter 13 - Zoning rear of the carport and one side perpendicular to the rear shall be enclosed. Sides located adjacent to streets shall be enclosed. L. Interior Drives 1. The use of private interior drives must be approved by the Town. Such interior drives shall have a minimum easement width of fifty (50) feet and shall have a minimum paved roadway width of twenty-eight (28) feet. 2. Public interior streets shall be located within dedicated right-of-ways, and shall have a minimum paved roadway width provided in accordance with the applicable standards in the Trophy Club Subdivision Regulations and Design Standards. M. Paving 1. All private interior drives, entrances, and service drives shall be constructed in accordance with Town design standards and shall have a six (6) inch raised curb and gutter of concrete meeting the street standards of the Town of Trophy Club. The developer shall bear the total cost of construction and maintenance of all such improvements, including curb and drainage structures which may be needed. 2. All parking areas and public streets shall be of concrete construction, as approved by the Town Engineer. N. Off Street Parking: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception of being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of Section 7.04, Off Street Parking Requirements, and all other applicable ordinances of the Town. Every residence shall have a garage or carport which shall have a minimum interior measurement of 21 feet by 22 feet. O. Garages: Attached garages shall not face any public dedicated right-of way or the golf course. Detached garages shall comply with Section 5.03, Accessory Structures and Uses. P. Screening: A solid, opaque screening wall or fence of not less than six (6) feet in height, measured at the highest finished grade, shall be provided along all perimeter property lines of a HUD-Code Manufactured Home and Industrialized Housing subdivision which do not abut a dedicated street, as indicated on the Site Plan. Said screening wall or fence shall be of a decorative masonry construction. This requirement can be waived or modified if natural or man-made physical features create an adequate separation or buffer from adjacent uses, as determined by the Town. However any request to waive this requirement shall be presented as an element of the site plan and shall be subject to approval at that time only. Q. Preservation of Site Assets: When developing a HUD-Code Manufactured Home or Industrialized Housing Subdivision, the following steps shall be taken to preserve on site assets. 1. Suitable available topsoil and desirable existing trees, shrubs, and ground cover shall be preserved and protected where practicable in accordance with the Town’s Tree Preservation Chapter 13 - Zoning Standards. 2. Topsoil which is suitable and needed for later use in finished grading shall be stripped from areas to be occupied by structures, parking areas, streets and driveways, and from areas to be re-graded or disturbed. This topsoil shall be collected and stored on the site in convenient places for future use and shall be free of debris during construction. R. Water and Sewer: Each HUD Code Manufactured Home or Industrialized Home space or lot shall be served by water and sanitary sewer. Engineering plans for water and sanitary sewer shall be submitted for review by the Town, at the time of site plan approval. S. Drainage: Engineering plans for drainage shall be submitted for review by the Town at the time of site plan approval. All applicable requirements of the Town shall be complied with. T. HUD-Code Manufactured Home or Industrialized Housing Sales: HUD-Code Manufactured Home or Industrialized Housing subdivisions shall be for residential purposes only. Sales of these homes shall be limited to those which become available on the market on an individual basis. Commercial sales and promotion are not permitted. (Ord No. 98-29, § XXV, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXV, 3-21-00) Chapter 13 - Zoning Section 4.13 PD-Planned Development District Regulations A. Purpose: In certain instances, the purposes of the zoning ordinances may be achieved by the development of planned units which do not conform in all respects with the land use pattern designated on the Zoning Map or the district regulations prescribed by this ordinance or the Subdivision Regulations. A planned development (PD) is on tracts of land of not to exceed 250 acres and may include a combination of different dwelling types and/or a variety of land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity. The purpose of the district is to encourage creative development of the land, provide locations for well planned comprehensive developments, and provide for variety and flexibility in the development patterns of the Town which promote the health, safety, morals and general welfare of the community. The Town Council is empowered to grant permits for planned developments only after review and recommendation by the Planning and Zoning Commission under the procedure established herein. B. Planned Development Uses: In a PD Planned Development District, no land shall be used and no building shall be installed, erected for/or converted to any use other than as hereinafter provided. 1. Residential Planned Developments: shall be considered appropriate where the following conditions prevail: a. The project utilized innovative land development concepts and is consistent with the Comprehensive Land Use plan and the goals and objectives of the Town. b. Dwelling units are situated such that an appreciable amount of land for open space is available and is integrated throughout the planned development, c. The project utilizes an innovative approach in lot configuration and mixture of single- family housing types, d. Higher densities than conventional single-family projects of the same acreage is achievable with appropriate buffering between existing conventional single-family developments and increased open space. e. The site exhibits environmentally natural features which should be considered for preservation and/or enhancement, f. Aesthetic amenities may be provided in the planned development design which are not economically feasible to provide in conventional single-family projects, and g. The project provides a compatible transition between adjacent existing conventional single family residential projects and provides a compatible transition for the extension of future conventional single family projects into adjacent undeveloped areas. 2. Non-Residential Planned Developments: Shall be considered appropriate where the following conditions prevail: a. The project utilized innovative land development concepts and is consistent with the Comprehensive Land Use plan and the goals and objectives of the Town. b. Non-residential uses are situated such that an appreciable amount of land is available for open space or joint use as parking space and is integrated throughout the planned development. Chapter 13 - Zoning c. The site exhibits environmentally natural features which should be considered for preservation and/or enhancement. d. Aesthetic amenities may be provided in the planned development design which are not economically feasible to provide in conventional non-residential projects. e. The project provides a compatible transition between adjacent existing single family residential projects and provides a compatible transition for the extension of future single family projects into adjacent undeveloped areas. 3. Accessory Uses: Accessory uses shall be permitted in a PD in accordance with the regulations provided in Section 5.03, Accessory Structures. Any accessory use permitted within the residential districts of the Town of Trophy Club shall be permitted as accessory uses to a principal use provided that no accessory use shall be a source of income to the owner or occupant of the principal use. 4. Conditional Uses: Any conditional uses as defined in Section 6.01, Conditional Permit, shall be permitted in the PD, Planned Development District. 5. Prohibited Uses: a. Any building erected or land used for other than the use shown on the Planned Development Site Plan, as approved by the Town Council. b. Any use of property that does not meet the required minimum lot size; front, side and rear yard dimensions; and/or lot width, or exceeds the maximum height, building coverage or density per gross acreage as shown in the development's recorded Planned Development Site Plan, as approved by Town Council. c. Any use deemed by the Town Council as being detrimental to the health, safety, or general welfare of the citizens of Trophy Club. C. Density, Area and Height Regulations: The following density, area and height regulations shall apply: 1. Density, area and height regulations for each use shall meet or exceed the maximum and minimum standards applicable to such uses as if those uses were situated in the least restrictive district in which such uses are permitted or as listed in this section, or demonstrate that the intent of the standards has been met in accordance with good planning practices. 2. Modification of the density, area and height regulations contained in this ordinance may be allowed by the Planning and Zoning Commission and the Town Council when all of the following circumstances are met: a. The proposed modifications substantially meet the intent of this ordinance, the Subdivision Regulations and the Comprehensive Plan. b. The proposed modification provides for better project design. c. The combination of different dwelling types and/or the variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity. d. The development will not generate more traffic than the streets in the vicinity can carry without congestion and the development will not overload utilities as determined by the Town Engineer/Planner. Chapter 13 - Zoning e. Financial reasons shall not be the sole reason for modification of standards. 3. In approving the Planned Development Ordinance and Planned Development Site Plan, the Town Council shall, after recommendation by the Planning and Zoning Commission, specify such land uses, maximum height, area restrictions, density, minimum off-street parking and loading standards, setbacks, site coverage, building spacing, access, screening walls or landscaping, building area, open space pedestrian ways, public or private streets, alleys, and other development and protective requirements considered necessary to protect the health, safety and general welfare, and to create a reasonable transition to and protection from property adjacent to a Planned Development District. Such standards shall be specified in the ordinance establishing the district, and in the Planned Development Site Plan, which shall be made a part of the ordinance establishing the district. Approval of the ordinance, resulting in a PD designation being given to the property, may not occur without the Planned Development Site Plan or specific regulations being provided at the time of initial approval. However, conditional to the development of PD zoned property is the requirement that the Planned Development Site Plan and specific density, area, and height regulations must be approved by the Town Council prior to issuance of a building permit by the Town. D. Ownership: An application for approval of a Planned Development Site Plan under the Planned Development District regulations may be filed by a person having a legal interest in the property to be included in the Planned Development Site Plan. In order to ensure unified planning and development of the property, the applicant shall provide evidence, in form satisfactory to the Town Attorney, prior to final approval of the Planned Development Site Plan, that the property is held in single ownership or is under single control. Land shall be deemed to be held in single ownership or under single control if it is in joint tenancy, tenancy in common, a partnership, a trust, or a joint venture. The Planned Development Site Plan shall be filed in the name(s) of the record owner(s) of the property, which shall be included in the application. E. Development Schedule: An application for a Planned Development District shall be accompanied by a development schedule indicating the approximate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule, if adopted and approved by the Town Council, shall become part of the Planned Development Ordinance and shall be adhered to by the owner, developer, and their assigns or successors in interest. Annually, upon the anniversary date, or more frequently if required, the developer shall provide a written report to the Planning and Zoning Commission concerning the actual development accomplished as compared with the development schedule. The Planning and Zoning Commission may, if in its opinion the owner or owners of the property are failing or have failed to meet the approved development schedule, initiate proceedings to amend the Official Zoning map or the Planned Development District by removing all or part of the Planned Development District from the Official Zoning Map and placing the area involved in another appropriate zoning district. After the recommendation of the Planning and Zoning Commission and for good cause shown by the owner and developer, the Town Council may extend the development schedule as may be indicated by the facts and conditions of the case. F. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located. Chapter 13 - Zoning G. Concept Plan: The applicant for any PD Planned Development, shall submit a concept plan to the Planning and Zoning Commission and the Town Council for approval prior to submitting a Planned Development Site Plan. The concept plan shall contain appropriate information to describe the general land use configuration, proposed densities or lot sizes, proposed amenities, and proposed area regulations. H. Planned Development Site Plan: No applicant shall be granted development approval and no building permit shall be issued until a Planned Development Site Plan has been approved by the Town Council in accordance with this Section. The following items shall be shown on the Planned Development Site Plan: 1. The location of all existing and planned non-single family structures on the subject property. 2. Landscaping lighting and/or fencing and/or screening of common areas. 3. General locations of existing tree clusters, providing average size and number and indication of species. 4. Location and detail of perimeter fencing if applicable. 5. Design of ingress and egress with description of special paver treatment if proposed. 6. Off-street parking and loading facilities, and calculations showing how the quantities were obtained for all non- single family purposes. 7. Height of all non-single family structures. 8. Proposed uses. 9. The location and types of all signs, including lighting and heights, for parking lots and common areas. 10. Elevation drawings citing proposed exterior finish materials for all non-single family structures. 11. Location and description of subdivision signage and landscaping at entrance areas. 12. Street names on proposed streets. 13. Proposed water, wastewater collection, and storm sewer lines; proposed grading and drainage patterns. 14. Engineering drawings of all improvements to be dedicated to the Town or M.U.D. if the property is not to be final platted or if engineering drawings have not been previously submitted for the site. If the property is to be final platted, these may be provided at that time. 15. Such additional terms and conditions, including design standards, as the Planning and Zoning Commission and the Town Council deem necessary. (Ord No. 98-29, § XXVI, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXVI, 3-21-00) Chapter 13 - Zoning Section 4.14 NS - Neighborhood Service District Regulations A. Purpose: The purpose of the NS Neighborhood Service District is to provide limited low impact service type facilities to residential areas. Services permitted in this district do not involve retail activity. The uses allowed in these districts should not have an adverse effect on adjacent residential areas, and may be located close to residential uses, with appropriate buffers and landscaping. B. Uses Generally: In a NS Neighborhood Service District, no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in Section 3.03, Use Tables, and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the NS Neighborhood Service District in accordance with the regulations provided in Section 5.03, Accessory Structures. 2. Conditional Uses: Conditional uses may be permitted within the NS Neighborhood Service District in accordance with the regulations provided in Section 6.01, Conditional Permit. 3. Limitation of Uses: Any use not expressly permitted herein or allowed by permit is prohibited. C. Plan Requirements: No application for a building permit for the construction, erection or placement of a building or structure shall be approved unless: 1. A plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located; 2. Site Plan: A Site Plan has been approved meeting the conditions as provided in Section 5.09, Site Plan Requirements. 3. A Landscape Plan, meeting the requirements of Section 7.03, Landscaping Regulations, has been approved. D. Density Regulations: None. E. Height Regulations: Except as provided by Section 5.04, Height Limits, no building or structure shall exceed 40' feet or two (2) stories in height. Any building or structure adjoining or contiguous to a residentially zoned district shall not exceed 28 feet or one (1) story in height. F. Area Regulations: The following minimum standards shall be required, measured from property lines: AREA DESCRIPTION AREA REGULATIONS 1. Minimum Open Space At least twenty percent (20%) of the total lot area shall be devoted to non-vehicular open space. (non-vehicular open space is any area not devoted to buildings, parking, load, storage, or vehicular use.) 2. Maximum Building Coverage The combined area covered by all main and accessory buildings and structures shall not exceed sixty percent (60%) of the total lot area. Chapter 13 - Zoning 3. Maximum Impervious Area The combined area occupied by all buildings, structures, off- street parking and paved areas shall not exceed eighty percent (80%) of the total lot area. 4. Depth of Front Yard 30 feet minimum 5. Depth of Rear Yard 30 feet minimum (No rear yard shall face any street) 6. Width of Side Yard on Each Side 15 feet minimum *All required yards shall comply with Section 5.05, Required Yards. G. Buffered Area Regulations: Whenever a NS Neighborhood Service Development is located contiguous to an existing residential development or an area zoned for residential purposes, all principal buildings or structures shall be set back a minimum of forty (40) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to provide visual and acoustical privacy and to adequately buffer adjoining uses. H. Off-Street Parking: Off-street parking shall be provided in accordance with the provisions of Section 7.04, Off-Street Parking Requirements, and all other applicable ordinances of the Town. I. Off-Street Loading: Off-street loading shall be provided as required by Section 7.05, Off-Street Loading Requirements. J. Landscaping Requirements: Landscaping shall be required in accordance with Section 7.03, Landscaping Regulations. K. Design Requirements: The following design requirements shall apply in the NS Neighborhood Service District: 1. No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view. 2. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view. 3. Lighting shall be designed to reflect away from any adjacent residential area. L. Masonry Requirement: All principal and accessory buildings and structures shall be of exterior fire resistant construction having one hundred (100) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. (Ord No. 98-29, § XXVII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXVII, 3-21-00) Chapter 13 - Zoning Section 4.15 CG – Commercial General District Regulations A. Purpose: The purpose of the CG Commercial General District is to provide locations for local neighborhood shopping and personal service needs of the surrounding area, to accommodate general retail shopping and to accommodate low intensity business or professional offices that are designed and sited to be compatible with nearby residential uses and which primarily provide services to residents of the community. B. Uses Generally: In a CG Commercial General District, no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in Section 3.03, Use Tables, and in accordance with the following: Hours of operation for the uses set forth in Section 3.03, Use Tables, shall be no longer than from 6:00 a.m. to 11:00 p.m. Deliveries and service calls are allowed only between 8:00 a.m. and 5:00 p.m. No outside sales of any kind shall be conducted, including but not limited to truck lot, pedestrian walkway, tent or other sales. 1. Accessory Uses: Accessory uses shall be permitted within the CG-Commercial District in accordance with the regulations provided in Section 5.03, Accessory Structures. 2. Conditional Uses: Conditional uses may be permitted within the CG-Commercial District in accordance with the regulations provided in Section 6.01, Conditional Permit. 3. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. C. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless: 1. A plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located; 2. Site Plan: A Site Plan has been approved meeting the conditions as provided in Section 5.09, Site Plan Requirements. 3. A Landscape Plan, meeting the requirements of Section 7.03, Landscaping Regulations, has been approved. D. Density Regulations: None. E. Height Regulations: Except as provided by Section 5.04, Height Limits, no building shall exceed 40' feet or two (2) stories in height. Any building or structure adjoining or contiguous to a residentially zoned district shall not exceed 28 feet or one (1) story in height. F. Area Regulations: The following minimum standards shall be required, measured from property lines Chapter 13 - Zoning AREA DESCRIPTION AREA REGULATIONS 1. Minimum Open Space At least twenty percent (20%) of the total lot area shall be devoted to non-vehicular open space. (non-vehicular open space is any area not devoted to buildings, parking, load, storage, or vehicular use.) 2. Maximum Building Coverage The combined area covered by all main and accessory buildings and structures shall not exceed sixty percent (60%) of the total lot area. (For the purpose of this section only, parking lots are not included as part of the percentage coverage.) 3. Maximum Impervious Area The combined area occupied by all buildings, structures, off- street parking and paved areas shall not exceed eighty percent (80%) of the total lot area. 4. Depth of Front Yard 30 feet minimum 5. Depth of Rear Yard 30 feet minimum (No rear yard shall face any street) 6. Width of Side Yard on Each Side 15 feet minimum each side *All required yards shall comply with Section 5.05, Required Yards. G. Buffered Area Regulations: Whenever a CG Commercial General Development is located adjacent to an existing residential development or an area zoned for residential purposes, all principal buildings or structures shall be set back a minimum of forty (40) feet from the adjoining property line. The setback area shall contain only landscape improvements, fencing, berms or trees to provide visual and acoustical privacy and to adequately buffer adjoining uses. H. Off-Street Parking: Off-street parking shall be provided in accordance with the provisions of Section 7.04, Off-Street Parking Requirements, and all other applicable ordinances of the Town. In addition, the following regulations shall apply: 1. Parking lots shall be designed with compartmentalized parking lots for all areas of over 50 spaces. 2. Access to individual developments shall be obtained through mutual access and cross access drives on-site. Multiple driveway entrances for individual lots shall be prohibited, unless it is determined that it is physically impossible to provide shared access to the lot or if extenuating circumstances can be demonstrated and are approved by the Town Council after recommendation by the Planning and Zoning Commission. 3. Total driveway entrances shall not exceed 3 entrances for any development. 4. Driveways shall have a minimum separation of 150 feet. 5. Parking spaces shall not be permitted within the building line setback areas. Drive lanes shall only be permitted in building line setback area when crossing setback area. 6. There shall be a maximum of 12 consecutive spaces between islands with at least one 4" Chapter 13 - Zoning caliper tree in each island. Landscaping in the islands shall include a combination of ground cover, shrubs, and flowering plants in addition to the required tree. 7. A raised curb shall be required for all parking and driving surfaces. 8. Curb stops shall be required on all parking spaces that "head-in" to any landscaped area. These curb stops shall be placed such that the overhang of a vehicle is contained totally within the limits of the parking space. 9. A traffic circulation plan and impact analysis shall be prepared and provided with the site plan for all new development. The traffic impact analysis requirement may be excluded from the site plan if the town engineer determines that the analysis is not necessary for the development. 10. All entrance drives shall be accented with decorative street treatment, and shall be clearly detailed on the site plan. 11. Paved parking areas shall have at least 10% of the paved surface area dedicated to decorative street treatment as approved by the town Planning and Zoning Commission. 12. Crosswalks, when provided, shall be marked similar to decorative street pavement. I. Off-Street Loading: Off-street loading shall be provided as required by Section 7.05, Off-Street Loading Requirements. J. Landscaping Requirements: Landscaping shall be required in accordance with Section 7.03, Landscaping Regulations. In addition, the following regulations shall apply: 1. A front set-back area shall be devoted to a landscape buffer. Only drive crossings that provide ingress and egress will be allowed. 2. The front landscape buffer shall contain trees of 4-inch caliper measured 12" from the ground and shall be 12 feet in height planted on 30 foot centers. In addition, shrubs, berms, decorative walls, or a combination thereof, shall be provided between the trees such that a screen of a minimum of three feet in height shall screen the parking areas. K. Design Requirements: The following design requirements shall apply in the CG District: 1. No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view with screening which is the same as the architectural style of the main structure. 2. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view with screening which is the same as the architectural style of the main structure. All ground mounted equipment shall be screened from view with masonry construction similar to the primary structure. Line of sight drawings will be required to illustrate that adequate screening is provided. 3. The site plan shall provide a lighting plan detailing the layout of fixtures, elevations, lamp type, and average maintained illumination of each fixture. Exterior lighting fixtures shall not exceed a maximum height of 25 feet, measured from the adjacent ground, shall direct light toward the ground, and shall be shielded. Alternatives may be approved by the Town Council upon Chapter 13 - Zoning recommendation by the Planning and Zoning Commission on a case by case basis, when used to complement the architectural character of the development. Lighting shall be designed to reflect away from any adjacent residential area. 4. On structures 5,000 square feet or less, pitched roof construction will be required. No flat or built up roof construction shall be permitted. 5. Design of structures greater than 5,000 square feet shall include relief to walls and roofs. Single uninterrupted surface-planes shall not be permitted. The roof of structures may be a flat roof construction, but must provide a variation of roof line which may include a partial pitched roof for architectural relief. 6. Any canopy system must provide columns constructed of similar masonry material as the primary structure. 7. Uniform architectural treatment shall be provided to all sides of the structure. L. Masonry Requirement: 1. All principal and accessory buildings and structures shall be of exterior fire resistant construction having one hundred (100) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick or stone including the area above the first floor ceiling plate line. 2. Painted tilt wall and painted concrete block shall not be permitted as finished masonry material. 3. Stucco shall be used only as an accent material subject to prior approval of P & Z. 4. All exterior chimneys surfaces shall also be of brick, stone, or stucco. 5. Other materials of equal characteristics, which are demonstrated to be critical to the architectural theme of the structure, may be allowed upon approval of the Planning and Zoning Commission. 6. Masonry materials shall be of earth tones and shall be submitted to the Planning and Zoning Commission for recommendation and to the Town Council for approval. For the purpose of this section, earth tones shall be understood to consist of darker and pastel shades of the color spectrum, which may generally be found in the natural environment. These colors shall not generally consist of the vibrants or florescents of the color spectrum. M. Pedestrian Circulation: The following design requirements shall apply in the CG District: 1. Pedestrian connections shall access walkways within the development, shall be landscaped, and shall include architectural features consistent with the character of the development. 2. Pedestrian connections among and between developments shall be provided and shall be clearly indicated on the site plan. 3. The site plan shall indicate future access between properties. 4. The pedestrian connections shall access public open green space corridors, where appropriate. Chapter 13 - Zoning N. Entry Markers: The following design requirements shall apply in the CG District: 1. Entry markers of monument type shall be located at each principal entrance to developments in accordance with the established signage requirements of the Town of Trophy Club. 2. Entry markers with double faces shall be located in medians in access drives. 3. In locations with no median access drive, a single facing monument sign placed at the entrance shall be mirrored on the other side of the entrance. O. Service Areas: The following design requirements shall apply in the CG District: 1. All service areas, including, but not limited to the location of loading docks, garages, garbage disposal units, and truck parking, shall be completely screened from view. 2. The centralized trash collection point shall not be located in any street yard. a. Street Yard: Shall mean that area of land located between the structure and a street right-of-way line of a front, side or rear lot line. 3. All trash receptacles shall be screened with a masonry wall of material similar to the main structure, with appropriate landscaping on three sides and shall have a screening gate which shall remain closed except when being serviced. 4. All trash receptacles shall be adequately sized to contain all trash at all times. P. Signs: The town sign ordinance shall govern regarding all signs located in the CG District. Q. Supplemental Non-residential Requirements: Additional requirements for non-residential uses located within the CG district shall apply in accordance with Section 7.03H Requirements for Non- Residential Districts and Uses. (Ord No. 98-29, § XXVIII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXVIII, 3-21-00) Chapter 13 - Zoning Section 4.16 CR – Commercial Recreation District Regulations A. Purpose: The purpose of the CR Commercial Recreation District is to accommodate and allow development of privately owned recreation areas and low intensity commercial uses that are directly related, designed and sited to be compatible with the recreational use. B. Uses Generally: In a CR Commercial Recreation District, no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in Section 3.03, Use Tables, and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the CR-Commercial Recreation District in accordance with the regulations provided in Section 5.03, Accessory Structures. 2. Conditional Uses: Conditional uses may be permitted within the CR-Commercial Recreation District in accordance with the regulations provided in Section 6.01, Conditional Permit. 3. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. C. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located. D. Density Requirements: None. E. Height Regulations: Except as provided by Section 5.04, Height Limits, no building shall exceed 40' feet or two (2) stories in height. F. Minimum Open Space: All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance and other applicable ordinances of the Town. G. Buffered Area Regulations: Whenever a CR Commercial Recreation development is located adjacent to a residentially zoned area, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of forty (40) feet from the adjoining property line. The setback area shall contain only landscape improvements, fencing, berms or trees to provide visual and acoustical privacy and to adequately buffer adjoining uses. H. Site Plan: A Site Plan has been approved meeting the conditions as provided in Section 5.09, Site Plan Requirements. I. Landscaping Requirements: Landscaping shall be required in accordance with Section 7.03, Landscaping Regulations. In addition, the following regulations shall apply: 1. A front set back area shall be devoted to a landscaped buffer. Only drive crossing that Chapter 13 - Zoning provides ingress and egress will be allowed. 2. The front landscape buffer shall contain trees of 4 inch caliper measured 12" from the ground and shall be 12 feet in height planted on 30 foot centers. In addition, shrubs, berms, decorative walls, or a combination thereof, shall be provided between the trees such that a screen of a minimum of three feet in height shall screen the parking areas. J. Design Requirements: The following design requirements shall apply: 1. No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view with screening which is the same as the architectural style of the main structure. 2. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view with screening which is the same as the architectural style of the main structure. All ground mounted equipment shall be screened from view with masonry construction similar to the primary structure. Line of sight drawings will be required to illustrate that adequate screening is provided. 3. The site plan shall provide a lighting plan detailing the layout of fixtures, elevations, lamp type, and average maintained illumination of each fixture. Exterior lighting fixtures shall not exceed a maximum height of 25 feet measured from the adjacent ground, shall direct light toward the ground and shall be shielded. Alternatives may be approved by the Town Council upon recommendation by the Planning and Zoning Commission on a case- by-case basis, when used to complement the architectural character of the development. Lighting shall be designed to reflect away from any adjacent residential area. 4. On structures 5,000 square feet or less, pitched roof construction will be required. No flat or built up roof construction shall be permitted. 5. Design of structures greater than 5,000 square feet shall include relief to walls and roofs. Single uninterrupted surface-planes shall not be permitted. The roof of structures may be a flat roof construction, but must provide a variation of roof-line which may include a partial pitched roof for architectural relief. 6. Any canopy system must provide columns constructed of similar masonry material as the primary structure. 7. Uniform architectural treatment shall be provided to all sides of the structure. K. Off-Street Parking: Off-street parking shall be provided in accordance with the provisions of Section 7.04, Off-Street Parking Requirements. In addition, the following regulations shall apply: 1. Parking lots shall be designed with compartmentalized parking lots for all areas of over 50 spaces. 2. Access to individual developments shall be obtained through mutual access and cross access drives on-site. Multiple driveway entrances for individual lots shall be prohibited unless it is determined that it is physically impossible to provide shared access to the lot or if extenuating circumstances can be demonstrated and are approved by the Town Council after recommendation by the Planning and Zoning Commission. 3. Total driveway entrances shall not exceed 3 entrances for any development. Chapter 13 - Zoning 4. Driveways shall have a minimum separation of 150 feet. 5. Parking spaces shall not be permitted within the building line setback areas. Drive lanes shall only be permitted in building line setback area when crossing setback area. 6. There shall be a maximum of 12 consecutive spaces between islands with at least one 4" caliper tree in each island. Landscaping in the islands shall include a combination of ground cover, shrubs, and flowering plants in addition to the required tree. 7. A raised curb shall be required for all parking and driving surfaces. 8. Curb stops shall be required on all parking spaces that "head-in" to any landscaped area. These curb stops shall be placed such that the overhang of a vehicle is contained totally within the limits of the parking space. 9. A traffic circulation plan and impact analysis shall be prepared and provided with the site plan for all new development. The traffic impact analysis requirement may be excluded from the site plan if the town engineer determines that the analysis is not necessary for the development. 10. All entrance drives shall be accented with decorative street treatment and shall be clearly detailed on the site plan. 11. Paved parking areas shall have at least 10% of the paved surface area dedicated to decorative street treatment as approved by the town Planning and Zoning Commission. 12. Crosswalks, when provided, shall be marked similar to decorative street pavement. L. Off-Street Loading: Off-street loading shall be provided in accordance with Section 7.05, Off-Street Loading Requirements. M. Masonry Requirement: 1. All principal and accessory buildings and structures shall be of exterior fire resistant construction having one hundred percent (100%) of the total exterior walls, excluding doors, windows and porches, constructed of brick or stone including the area above the first floor ceiling plate line. 2. Painted tilt wall and painted concrete block shall not be permitted as finished masonry material. 3. Stucco shall be used only as an accent material subject to prior approval of P & Z. 4. All other chimneys surfaces shall also be of brick, stone, or stucco. 5. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. 6. Masonry materials shall be of earth tones and shall be submitted to the Planning and Zoning Commission for recommendation and to the Town Council for approval. For the purpose of this section, earth tones shall be understood to consist of darker and pastel shades of the color spectrum, which may generally be found in the natural environment. These colors shall not generally consist of the vibrants or florescents of the color spectrum. Chapter 13 - Zoning N. Pedestrian Circulation: The following design requirements shall apply in the CR District: 1. Pedestrian connections shall access walkways within the development, shall be landscaped, and shall include architectural features consistent with the character of the development. 2. Pedestrian connections among and between developments shall be provided and shall be clearly indicated on the site plan. 3. The site plan shall indicate future access between properties. 4. The pedestrian connections shall access public open green space corridors, where appropriate. O. Entry Markers: The following design requirements shall apply in the CR District: 1. Entry markers of monument type shall be located at each principal entrance to developments in accordance with the established signage requirements of the Town of Trophy Club. 2. Entry markers with double faces shall be located in medians in access drives. 3. In locations with no median access drive, a single facing monument sign placed at the entrance shall be mirrored on the other side of the entrance. P. Service Areas: The following design requirements shall apply in the CR District: 1. All service areas, including but not limited to the location of loading docks, garages, garbage disposal units, and truck parking, shall be completely screened from view. 2. The centralized trash collection point shall not be located in any street yard. a. Street Yard: Shall mean that area of land located between the structure and a street right-of-way line of a front, side, or rear lot line. 3. All trash receptacles shall be screened with a masonry wall of material, with appropriate landscaping on three sides and shall have a screening gate which shall remain closed except when being serviced. 4. All trash receptacles shall be adequately sized to contain all trash at all times. Q. Signs: The town sign ordinance shall govern regarding all signs located in the CR District R. Supplemental Non-residential Requirements: Additional requirements for non-residential uses located within the CR District shall apply in accordance with Section 7.03H Requirements for Non- Residential Districts and Uses. (Ord No. 98-29, § XXIX, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXIX, 3-21-00) Chapter 13 - Zoning Section 4.17 PO – Professional Office District Regulations A. Purpose: The purpose of the PO Professional Office District is to create a restrictive district for attractive, low to moderate intensity office and professional uses. The uses allowed in these districts should not have an adverse effect on adjacent residential areas, and may be located close to residential uses, with appropriate buffers and landscaping. B. Uses Generally: In a PO Professional Office District, no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in Section 3.03, Use Tables, and in accordance with the following: Delivery and service calls are allowed only between 8:00 a.m. and 5:00 p.m. No outside sales of any kind shall be conducted, including but not limited to truck lot, pedestrian walkway, tent or other sales. 1. Accessory Uses: Accessory uses shall be permitted within the PO-Professional Office District in accordance with the regulations provided in Section 5.03, Accessory Structures. 2. Conditional Uses: Conditional uses may be permitted within the PO-Professional Office District in accordance with the regulations provided in Section 6.01, Conditional Permit. 3. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. C. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless: 1. A Plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located; 2. Site Plan: A Site Plan has been approved meeting the conditions as provided in Section 5.09, Site Plan Requirements. 3. A Landscape Plan, meeting the requirements of Section 7.03, Landscaping Regulations, has been approved. D. Density Regulations: None. E. Height Regulations: Except as provided by Section 5.04, Height Limits, no building or structure shall exceed 40' feet or two (2) stories in height. Any building or structure adjoining or contiguous to a residentially zoned district shall not exceed 20 feet or one (1) story in height. F. Area Regulations: The following minimum standards shall be required, measured from property lines: Chapter 13 - Zoning AREA DESCRIPTION AREA REGULATIONS 1. Minimum Open Space At least twenty percent (20%) of the total lot area shall be devoted to nonvehicular open space. (nonvehicular open space is any area not devoted to buildings, parking, load, storage, or vehicular use.) 2. Maximum Building Coverage The combined area covered by all main and accessory buildings and structures shall not exceed sixty percent (60%) of the total lot area. (For the purpose of this section only, parking lots are not included as part of the percentage coverage). 3. Maximum Impervious Area The combined area occupied by all buildings, structures, off- street parking and paved areas shall not exceed eighty percent (80%) of the total lot area. 4. Depth of Front Yard 30 feet minimum 5. Depth of Rear Yard 30 feet minimum (No rear yard shall face any street) 6. Width of Side Yard on Each Side 15 feet minimum *All required yards shall comply with Section 5.05, Required Yards. H. Off-Street Parking: Off-street parking shall be provided in accordance with the provisions of Section 7.04, Off-Street Parking Requirements, and all other applicable ordinances of the Town. In addition, the following regulations shall apply: 1. Parking lots shall be designed with compartmentalized parking lots for all areas of over 50 spaces. 2. Access to individual developments shall be obtained through mutual access and cross access drives on-site. Multiple driveway entrances for individual lots shall be prohibited unless it is determined that it is physically impossible to provide shared access to the lot or if extenuating circumstances can be demonstrated and are approved by the Town Council after recommendation by the Planning and Zoning Commission. 3. Total driveway entrances shall not exceed 3 entrances for any development. 4. Driveways shall have a minimum separation of 150 feet. 5. Parking spaces shall not be permitted within the building line setback areas. Drive lanes shall only be permitted in building line setback area when crossing setback area. 6. There shall be a maximum of 12 consecutive spaces between islands with at least one 4" caliper tree in each island. Landscaping in the islands shall include a combination of ground cover, shrubs, and flowering plants in addition to the required tree. 7. A raised curb shall be required for all parking and driving surfaces. 8. Curb stops shall be required on all parking spaces that "head-in" to any landscaped area. Chapter 13 - Zoning These curb stops shall be placed such that the overhang of a vehicle is contained totally within the limits of the parking space. 9. A traffic circulation plan and impact analysis shall be prepared and provided with the site plan for all new development. The traffic impact analysis requirement may be excluded from the site plan if the town engineer determines that the analysis is not necessary for the development. 10. All entrance drives shall be accented with decorative street treatment and shall be clearly detailed on the site plan. 11. Paved parking areas shall have at least 10% of the paved surface area dedicated to decorative street treatment as approved by the town Planning and Zoning Commission. 12. Crosswalks, when provided, shall be marked similar to decorative street pavement. I. Off-Street Loading: Off-street loading shall be provided as required by Section 7.05, Off-Street Loading Requirements. J. Landscaping Requirements: Landscaping shall be required in accordance with Section 7.03, Landscaping Regulations. . In addition, the following regulations shall apply: 1. A front set back area shall be devoted to a landscaped buffer. Only drive crossing that provide ingress and egress will be allowed. 2. The front landscape buffer shall contain trees of 4 inch caliper measured 12" from the ground and shall be 12 feet in height planted on 30 foot centers. In addition, shrubs, berms, decorative walls, or a combination thereof, shall be provided between the trees such that a screen of a minimum of three feet in height shall screen the parking areas. K. Design Requirements: The following design requirements shall apply in the PO District: 1. No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view with screening which is the same as the architectural style of the main structure. 2. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view with screening which is the same as the architectural style of the main structure. All ground-mounted equipment shall be screened from view with masonry construction similar to the primary structure. Line of sight drawings will be required to illustrate that adequate screening is provided. 3. The site plan shall provide a lighting plan detailing the layout of fixtures, elevations, lamp type, and average maintained illumination of each fixture. Exterior lighting fixtures shall not exceed a maximum height of 25 feet measured from the adjacent ground, shall direct light toward the ground and shall be shielded. Alternatives may be approved by the Town Council upon recommendation by the Planning and Zoning Commission on a case-by-case basis, when used to complement the architectural character of the development. Lighting shall be designed to reflect away from any adjacent residential area. 4. On structures 5,000 square feet or less, pitched roof construction will be required. No built up roof construction shall be permitted. Chapter 13 - Zoning 5. Design of structures greater than 5,000 square feet shall include relief to walls and roofs. Single uninterrupted surface-planes shall not be permitted. The roof of structures may be a flat roof construction, but must provide a variation of roofline which may include a partial pitched roof for architectural relief. 6. Any canopy system must provide columns constructed of similar masonry material as the primary structure. 7. Uniform architectural treatment shall be provided to all sides of the structure. 8. Any canopy system must provide columns constructed of similar masonry material as the primary structure. 9. Uniform architectural treatment shall be provided to all sides of the structure. L. Masonry Requirement: 1. All principal and accessory buildings and structures shall be of exterior fire resistant construction having one hundred (100) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick or stone including the area above the first floor ceiling plate line. 2. Painted tilt wall and painted concrete block shall not be permitted as finished masonry material. 3. Stucco shall be used only as an accent material subject to prior approval of P & Z. 4. All exterior chimneys surfaces shall also be of brick, stone, or stucco. 5. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. 6. Masonry materials shall be of earth tones and shall be submitted to the Planning and Zoning Commission for recommendation and to the Town Council for approval. For the purpose of this section, earth tones shall be understood to consist of darker and pastel shades of the color spectrum, which may generally be found in the natural environment. These colors shall not generally consist of the vibrants or florescents of the color spectrum. M. Pedestrian Circulation: The following design requirements shall apply in the PO District: 1. Pedestrian connections shall access walkways within the development, shall be landscaped, and shall include architectural features consistent with the character of the development. 2. Pedestrian connections among and between developments shall be provided and shall be clearly indicated on the site plan. 3. The site plan shall indicate future access between properties. 4. The pedestrian connections shall access public open green space corridors, where appropriate. Chapter 13 - Zoning N. Entry Markers: The following design requirements shall apply in the PO District: 1. Entry markers of monument type shall be located at each principal entrance to developments in accordance with the established signage requirements of the Town of Trophy Club. 2. Entry markers with double faces shall be located in medians in access drives. 3. In locations with no median access drive, a single facing monument sign placed at the entrance shall be mirrored on the other side of the entrance. O. Service Areas: The following design requirements shall apply in the PO District: 1. All service areas, including but not limited to the location of loading docks, garages, garbage disposal units, and truck parking, shall be completely screened from view. 2. The centralized trash collection point shall not be located in any street yard. a. Street Yard: shall mean that area of land located between the structure and a street right-of-way line of a front, side or rear lot line. 3. All trash receptacles shall be screened with a masonry wall of material, with appropriate landscaping on three sides and shall have a screening gate which shall remain closed except when being serviced. 4. All trash receptacles shall be adequately sized to contain all trash at all times. P. Signs: The town sign ordinance govern regarding all signs located in the PO District. Q. Supplemental Non-residential Requirements: Additional requirements for non-residential uses located within the PO District shall apply in accordance with Section 7.03H Requirements for Non- Residential Districts and Uses. (Ord No. 98-29, § XXX, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXX, 3-21-00) Chapter 13 - Zoning Section 4.18 GU – Government Use District Regulations A. Purpose: The GU Governmental Use District is established to apply to those lands where national, state or local governmental activities are conducted and where governments hold title to such lands. Any lawful governmental activity is permitted in these districts. It is not intended to classify all lands owned by government into this district, but only those lands particularly and peculiarly related to the public welfare. It is generally intended to utilize this district to implement the Comprehensive Master Plan. B. Uses Generally: In a GU Governmental Use District, no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in Section 3.03, Use Tables, and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the GU-Governmental Use District in accordance with the regulations provided in Section 5.03, Accessory Structures. 2. Conditional Uses: Conditional uses may be permitted within the GU-Governmental Use District in accordance with the regulations provided in Section 6.01, Conditional Use Permit. 3. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. C. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless: 1. A plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located. 2. A Site Plan has been approved meeting the conditions as provided in Section 5.09, Site Plan Requirements; and 3. A Landscape Plan, meeting the requirements of Section 7.03, Landscaping Regulations, has been approved. D. Density Regulations: None E. Height Regulations: Except as provided by Section 5.04, Height Limits, no building shall exceed 40' feet or two (2) stories in height. F. Area Regulations: The yard requirements shall not be less than the requirements of the most restrictive abutting property. Chapter 13 - Zoning AREA DESCRIPTION AREA REGULATIONS 1. Lot Size None. 2. Minimum Open Space At least twenty percent (20%) of the total lot area shall be devoted to nonvehicular open space. (Nonvehicular open space is any area not devoted to buildings, parking lots, storage, or vehicular use.) All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance and other applicable ordinances of the Town. 3. Maximum Building Coverage The combined area covered by all main and accessory buildings and structures shall not exceed sixty percent (60%) of the total lot area. 4. Maximum Impervious Area The combined area occupied by all buildings, structures, off- street parking and paved areas shall not exceed eighty percent (80%) of the total lot area. 5. Minimum Floor Area None. 6. Front, Rear and Side Yards The yard requirements shall not be less than the requirements of the most restrictive abutting property. Required yards shall comply with Section 5.05 Required Yards. G. Buffered Area Regulations: Whenever any conditional use that is allowable in the GU Governmental Use District abuts a residentially zoned district, a landscaped buffer zone of not less than forty (40) feet in depth shall be provided between the lot line and any building, structure or activity area. All buildings, structures and loading or storage area shall be landscaped to provide visual and acoustical privacy to adjacent property. In addition, screening shall occur in the buffer area and such area shall be provided in accordance with the provisions of Section 7.01, Screening and Fencing. H. Off-Street Parking: Off-street parking shall be provided in accordance with Section 7.04, Off-Street Parking Requirements. I. Off-Street Loading: No off-street loading is required in the GU District. J. Masonry Requirement: All principal and accessory buildings and structures shall be of exterior fire resistant construction having one hundred (100) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. (Ord No. 98-29, § XXXI, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXXI, 3-21-00) Chapter 13 - Zoning Section 4.19 H – Historic Landmark District Regulations A. Historic Landmark: Any zoning district designation appearing on the Zoning District Map may be followed by the suffix "H" indicating a Historic Landmark subdistrict. Such historical, architectural, archaeological or cultural structures of importance or value which merit protection, enhancement, and preservation in the interest of the culture, prosperity, education and welfare of the people shall be worthy of consideration for application for this district. The "H" designation shall apply to those premises, lots, or tracts designated through the procedures set forth herein. Additional uses may be permitted in any specific "H" subdistrict and shall be enumerated in the ordinance establishing such subdistrict. Such suffix shall not affect the legal use of the property except as provided in the ordinance establishing the subdistrict. B. Historic Landmark - Defined: As used in this section, the term "Historic Landmark" shall mean any buildings, land, areas or districts of historical, architectural, archaeological or cultural importance or value, which the Town Council determines shall be protected, enhanced, and preserved in the interest of the culture, prosperity, education and welfare of the people. C. Declaration of Policy: The Town Council hereby finds and declares as a matter of public policy that the protection, enhancement preservation and use of historic landmarks is a public necessity and is required in the interest of the culture, prosperity, education and welfare of the people. D. Historic Landmarks - Designation: The Town Council may designate certain buildings, land, areas and districts in the Town as historic landmarks and define, amend and delineate the boundaries thereof. The procedure to be followed to establish a historic landmark designation shall be the same as that required to amend, repeal or alter the zoning on a tract or parcel of land. After all notice requirements of State zoning statutes, Tex. Rev. Civ. Stat. Ann. Art. 1011a through 1011f, as amended, have been complied with and all required public hearings have been conducted pursuant to said State statutes and this ordinance, and upon receipt of the Planning and Zoning Commission's recommendation, the Town Council may designate the building, land, area or district with the "H" suffix. The suffix "H" shall indicate the zoning subdistrict designation of those buildings, land, areas and districts which the Town Council has designated historic landmarks. Such designation shall be in addition to any other zoning district designation established in this ordinance. All Zoning District Maps shall reflect the designation of a historical landmark subdistrict by the letter "H" as a suffix. E. Historic Landmarks - Criteria: In making an historic landmark designation as set forth in the immediately preceding paragraph, the Town Council and the Planning and Zoning Commission shall consider one or more of the following criteria: 1. Character, interest or value as part of the development, heritage or cultural characteristic of the Town of Trophy Club, State of Texas or the United States; 2. Identification with a person or persons who significantly contributed to the culture and development of the Town; 3. Location as the site of a significant historic event; 4. Exemplification of the cultural, economic, social or historical heritage of the Town; 5. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on historical, cultural or architectural motif; Chapter 13 - Zoning 6. Unique location of singular physical characteristics representing an established and familiar visual feature of a neighborhood or community of the Town; and 7. Value as an aspect of community sentiment or public pride. F. Removal, Demolition or Substantial Alteration of a Historic Landmark: No historic landmark designated as such pursuant to the procedures set forth herein shall be demolished, removed, altered, remodeled, razed or substantially reconstructed unless a permit for the same has been issued by the Town Council. If an application for such a permit is received by the Town Secretary for demolition, removal, razing or substantial reconstruction of any designated historic landmark, the Planning and Zoning Commission shall hold a public hearing, make findings of fact in each situation, and make appropriate recommendations to the Town Council. No permit shall be issued to demolish, remove, raze or substantially alter or reconstruct until such matter is resolved through all means available. The Planning and Zoning Commission shall conduct a hearing within 30 days of receipt of the application by the Town Secretary. After the public hearing, the Planning and Zoning Commission shall recommend to the Town Council whether to grant or deny the application. G. Council Action: The Town Council shall consider the Planning and Zoning Commission's recommendation within thirty days of passage of same. The Town Council, after conducting a public hearing and taking into consideration all of the factors presented, may approve or disapprove the application for a permit to demolish, remove, raze or substantially alter or reconstruct. The Council's action shall be final. H. Present Use Not Affected: Use classifications of all property included in a historic landmark subdistrict shall continue to be governed by the Comprehensive Zoning Ordinance of the Town. I. Penalty: It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore, demolish, raze or maintain any historic landmark in violation of this ordinance. (Ord No. 98-29, § XXXII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXXII, 3-21-00) Chapter 13 - Zoning Article V Supplementary District Regulations Section 5.01 Temporary Uses A. Permitted Uses: The following uses, which are classified as temporary uses, may be permitted for a period of time by the Town Council, after recommendation by the Planning and Zoning Commission. Said period of time shall be determined at the time of approval but shall not exceed the time limit for selected uses as provided herein. 1. Carnivals. 2. Circus 3. Fairgrounds. 4. Community Festivals (not including community garage sales) 5. Community Garage Sales, by Special Privilege, see Section 5.01(E) 6. Religious assemblies. 7. Sports events. 8. Political rallies. 9. Concrete mixing or batching plant used temporarily by contractors during the construction of public improvements or buildings and, in such cases, the period of time for which the use is granted may be for a period of time provided in the contract for completion of such public improvement or building, providing such temporary use is renewed annually. 10. Armed forces displays. 11. Educational or informational displays. 12. Temporary sales of merchandise by non-profit organizations. 13. Real estate sales offices, (located in a permanent residential structure) but only during the development of residential subdivisions, provided that such use shall not be permitted for more than three (3) years; 14. Off street parking for Model Homes in residential districts, provided on one lot which complies with all set back requirements of the district in which it is located for a time period of not greater than one year. However, such temporary use maybe renewed annually. 15. Construction office used temporarily by contractors during the construction of public improvements or building and, in such cases, the period of time for which the use is granted may be for a period of time provided in the contract for completion of such improvement or building, providing such temporary use is renewed annually. 16. Real estate offices (located in trailer or manufactured housing), but only for a time period not to exceed six (6) months; however such uses may be renewed one (1) time. Chapter 13 - Zoning B. Residential Districts: A temporary use shall not be permitted nearer than two hundred fifty (250) feet to a residentially zoned district except for 5.03(A)(9) above which shall not be located closer than one thousand (1,000) feet to a developed residential district. C. Temporary Use Permit: A permit for the temporary use of any property for the above listed uses shall be secured from the Town Planning and Zoning Administrator prior to such use, after approval by the Town Council and after payment of all applicable fees. D. Time Period: Use of a parcel of property for any of the above listed uses for more than thirty (30) days, except for concrete mixing or batching plants, and off street parking for model homes in a residential district, during any one year shall constitute a permanent use and such parcel or property shall automatically again be subject to the district regulations of the zoning district in which such parcel or property is located. Annual Extensions of the temporary use permit may be issued by the Zoning Administrator upon written request by the applicant. E. Community Garage Sale by Special Privilege: Upon approval by the Town Council, after recommendation by the Planning and Zoning commission, a community garage sale shall be permitted by Special Privilege to civic organizations or non-profit organizations. Such events shall not occur more than twice annually; and each event shall be one day in duration. Approval of said Special Privilege shall be condition to prior approval of operations of the event and the proposed locations of the garage sale sites by the Town Department of Public Safety. (Ord No. 98-29, § XXXIII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXXIII, 3-21-00) Chapter 13 - Zoning Section 5.02 Sale of Alcoholic Beverages A. Definitions: For the purposes of this Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Applicant: A person who submits or files an original or renewal application with the Town of Trophy Club, the County Judge, or the Texas Alcoholic Beverage Commission for a license or permit. Alcoholic Beverage: Alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. Beer: A malt beverage containing one-half of one percent or more of alcohol by volume and not more than four percent of alcohol by weight, and does not include a beverage designated by label or otherwise by a name other than beer. Commission: The Texas Alcoholic Beverage Commission. Licensee: A person who is the holder of a license provided in the Texas Alcoholic Beverage Code, as amended, or any agent, servant, or employee of that person. Liquor: Any alcoholic beverage containing alcohol in excess of four percent by weight, unless otherwise indicated. Proof that an alcoholic beverage is alcohol, spirits of wine, whiskey, liquor, wine, brandy, gin, rum, ale, malt liquor, tequila, mescal, habanero or barreteago, is prima facie evidence that it is liquor. Mixed Beverage: One or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container or any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit, the holder of a daily temporary mixed beverage permit, the holder of a caterer’s permit, the holder of a mixed beverage late hours permit, the holder of a private club registration permit, or the holder of a private club late hours permit. On-Premise: Refers to the site of consumption rather than the site of sale and refers to the sale of alcoholic beverages for on-premises consumption. Off-Premise: Refers to the site of consumption rather than the site of sale and refers to the sale of alcoholic beverages for off-premises consumption. Permittee: A person who is the holder of a permit provided for in the Texas Alcoholic Beverage Code, as amended, or an agent, servant, or employee of that person. Premises: The grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the same person. Person: A natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them. Private School: A school maintained by private individuals, religious organizations or corporations, not at public expense, and open only to pupils selected and admitted by the proprietors or governors, or to pupils of a certain religious or possessing certain qualifications, and generally supported, in part at least, by tuition, fees, or charges. Public School: A school established under the laws of the State (and usually regulated in matters of detail by local authorities), in the various districts, counties, or towns, maintained at the public expense by taxation, and open, usually without charge, to the children of all the residents of the city, Chapter 13 - Zoning town or other district. Schools belonging to the public and established and conducted under public authority. Restaurant: A place located in a permanent building provided with space and accommodations wherein, in consideration of the payment of money, hot meals are habitually prepared, sold, and served at noon and evening, as the principal business of the place. The term does not include pharmacies, confectionery stores, lunch stands, nightclubs, and filing stations. Wine and Vinous Liquor: The product obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries, or honey, and includes wine coolers. B. Prohibited Sales: The sale of beer is not allowed in areas zoned for residential use, including but not limited to PD-Planned Development Districts approved exclusively for residential uses. Except as otherwise specifically allowed by the Texas Alcohol Beverage Commission or as otherwise provided herein, no alcoholic beverages may be sold within three hundred feet (300’) of a church, public school or private school, or public hospital. Measurement of such distance shall be in accordance with the terms of this Ordinance and the Texas Alcoholic Beverage Code, as amended. C. Permits 1. Fees Established: The annual permit fee for issuing a license or permit to operate, conduct, and maintain a business establishment selling alcoholic beverages in the Town is: a. For stores with beer and wine sales for off-premises consumption only, and, except as specifically exempted herein, for locations with mixed beverage permits, the permit holder shall pay a fee equal to one-half (½) of the state fee for such license and permit in effect at the time of the initial permit application or renewal for the annual permit, as applicable. Such fee shall be in addition to any applicable fee for a food and beverage certificate. b. Exemption: A mixed beverage permit is exempt from the payment of the fee imposed by this subsection during the three-year period following the issuance of the permit as specified in the Texas Alcoholic Beverage Code. c. Payment of Fees i. Term: The permit fee shall be collected when the application for such permit is submitted. This permit shall be valid only for one year (365 days) from the date of its issuance, and if issued during the calendar year, the fee shall be collected in full without reduction and shall be renewed by the applicant annually thereafter during the time that such applicant is engaged in the business of selling alcoholic beverages within the Town. Permit applications shall be filed with the Planning & Zoning Coordinator. D. Zoning Compliance Required: No permit shall be granted under the terms of this Ordinance unless the location at which the business is sought to be established and maintained as a permitted use under the Comprehensive Zoning Ordinance of the Town as of or after the effective date thereof. E. Business Hours: It is unlawful for any person to sell, offer for sale, or deliver any beer, wine, or liquor, except within those hours as prescribed in the Texas Alcoholic Beverage Code, as amended, including but not limited to Chapter 105 of the Texas Alcoholic Beverage Code, as amended. Chapter 13 - Zoning F. Specific Use Permit 1. SUP Required: Except as specifically provided herein, no persons shall manufacture, sell, offer for sale, distribute or engage in any other activity for which a permit or license is required by the Texas Alcoholic Beverage Code within the Town without first obtaining a Specific Use Permit to do so from the Town. All of the provisions of the specific Use Permit procedure shall apply as per the Town of Trophy Club’s Comprehensive Zoning Ordinance, as amended. In the event of a conflict between the general regulations governing Specific Use Permits and the provisions contained in this section, the provisions of this section shall control. 2. SUP Application: In order for a person to engage in the sale of alcoholic beverages, a formal application for a SUP shall be filed with the Planning and Zoning Coordinator with the appropriate fee established by the Town. The Planning and Zoning Coordinator shall process the application by submitting to the Planning and Zoning Commission for their review and recommendation to the Town Council for approval or disapproval. The Trophy Club Town Council will consider and approve or disapprove the granting of a SUP for the sale of alcoholic beverages. 3. Compliance with Town Codes and Ordinances: Premises used for the sale or consumption of alcoholic beverages shall comply with all applicable Town Codes as follows: a. Beer and Wine Only: A building utilized for the retail sale of beer and/or wine for off premises consumption only shall be inspected and shall comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances. b. Mixed Beverages by Food and Beverage Certificate Holders: A building utilized for the retail sale of mixed beverages for on-premises consumption shall be inspected and shall comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances. c. Procedures Prior to Issuance of Permit: Before any certification from the Texas Alcoholic Beverage Commission or other documentation of approval is signed by the Town representative, such certificate or documentation shall be submitted to the Planning and Zoning Coordinator to assure i. That the application complies with all provisions of this and all applicable ordinances; ii. That a SUP application is officially filed with the payment of applicable fees; iii. That proof is submitted that a representative of the Texas Alcohol and Beverage Commission has approved the submittal of an application for license; iv. And (4) that the Chief of Police/Director of Public Safety has reviewed the SUP application. G. Criteria and Processing of SUP: The following general conditions apply to all Specific Use Permits (SUP) allowing the sale of beer and wine for off premises consumption only and allowing the sale of mixed beverages by food and beverage certificate holders only: 1. The Applicant must design and operate the establishment for which an SUP is sought in such a manner that the proposed use or actual use of the premises shall not substantially increase traffic congestion or create overcrowding in the establishment or in the immediately surrounding area. Chapter 13 - Zoning 2. The Applicant must comply with applicable licensing and permit provisions of the Texas Alcoholic Beverage Code, as amended from the date of the issuance of the SUP by the Town Council. 3. As required, the Applicant shall bear the burden of showing that the establishment does not exceed the limitation on gross receipts from the sales of alcoholic beverages applicable to its license and SUP. The Applicant shall maintain accounting records of the sources of its gross revenue and allow the Town to inspect such records during reasonable business hours. 4. The Applicant shall demonstrate that the granting of the SUP would not be detrimental to the public health, safety and/or welfare of the citizens of the Town. 5. The Applicant shall, at all times, provide an adequate number of employees for security purposes to adequately control the establishment premises to prevent incidents of drunkenness, disorderly conduct and raucous behavior. The applicant shall consult with the Chief of Police/Director of Public Safety who shall act in an advisory capacity to determine the number of qualified employees necessary to meet his/her obligation hereunder. 6. The establishment shall provide adequate parking spaces to accommodate its employees and patrons. Provided however, the number of parking spaces shall never be less than those required for similar uses in that zoning district where the establishment is located. 7. The Applicant shall operate the establishment in such a manner as to prevent excessive noise, dirt, litter and odors in the establishment and in the surrounding area and operate the establishment in such a manner as to minimize disturbance to surrounding property owners and in compliance with all applicable Town ordinances and state laws. 8. Town Council may deny a SUP if it affirmatively determines that the issuance of such SUP is: a. Incompatible with the surrounding uses or property or b. Detrimental or offensive to the neighborhood or contrary to the health, safety, and general welfare of the Town and its inhabitants. 9. Specific Use Permit issued under this Ordinance runs with the property and is not affected by a change in the owner of lessee of a permitted establishment; provided however, that the owner or lessee to whom the premises has been transferred shall within ten (10) business days of such transfer notify the Planning and Zoning Coordinator of such change in ownership or control of the premises for which the SUP was issued. 10. All Specific Use Permits issued under this Ordinance shall be further conditioned that the same may be discontinued if the use for which the SUP was granted ceases to be operated at the permitted location for a minimum period of six (6) continuous months, or as otherwise provided for the revocation of SUP’s, as outlined in the Comprehensive Zoning Ordinance, as amended. H. Methods for Determining Distance Measurement 1. Church or Public Hospital: The measurement of the distance between the place of business where alcoholic beverages are sold and a church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections. Chapter 13 - Zoning 2. Public or Private School: The measurement of distance between the place of business where alcoholic beverages are sold and a public or private school shall be: a. In a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or b. If the permit or license holder is located on or above the fifth (5th) story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located. I. Exception to Distance Requirements: Upon receipt of a request, the Planning and zoning Commission will consider and make a recommendation to the Town Council to consider an exception to reduce the distance requirement contained in Section F above and the Town Council shall take final action on such recommendation based upon the criteria specified herein below. 1. A Planning and Zoning Commission recommendation to reduce the distance requirement and final action of the Town Council to allow such reduction shall be based upon the following. Town Council may allow an exception upon proof by the Applicant that he/she meets the following criteria: (a) documented approval from surrounding property owners within the distance requirements for which the exception is sought; proof of preliminary approval from the Texas Alcohol Beverage Commission; a determination by Council that the enforcement of the regulations in a particular instance is not in the best interest of the public; and after consideration of the health, safety and welfare of the public and the equities of such regulation, the Council determines that the exception is in the best interest of the community. 2. The Town Council shall have the authority to grant an exception under this Section for temporary special events after review and recommendation by the Planning and Zoning Commission. For such events, both the Planning and Zoning Commission and the Town Council shall consider: hours of the event, impact on surrounding area; estimated number of participants; personal and property security; duration and other health, safety and welfare considerations as deemed appropriate and necessary by the Town Council. 3. No exception may be granted hereunder except after a public hearing for which notice has been given to owners of real property within 300 feet (or 1,000 feet if applicable) of the location of the proposed business or of the proposed location for temporary special event. Such notice must be given not less than ten (10) days before the date set for hearing. J. Exemption From SUP Process For Existing Private Club Operations 1. All existing businesses that, as of the effective date of this Ordinance, operate and hold a permit from the Texas Alcohol Beverage Commission to operate as a private club and that operate legally under the Town’s Comprehensive Zoning Ordinance shall be allowed to continue without obtaining an SUP from the Town as long as (1) the location of the business does not change; and (2) the type of business or the type of use from the location within that zoning district remains the same; and (3) such use continues to comply with all applicable ordinances of the Town. Such establishments shall comply with all other requirements of this Ordinance and the ordinances of the Town, including but not limited to those regulations relating to permits and fees. At the time of application for a permit, the Applicant shall supply all pertinent information to the Planning and Zoning Coordinator for registering such use with the Town as required by this Ordinance. Chapter 13 - Zoning K. Possession or Consumption Prohibited in Certain Areas 1. Athletic Fields, Parks, or Public Areas: It shall be unlawful for any person to possess an open alcoholic beverage container or consume any alcoholic beverage in any Town owned or controlled athletic field and all parking lots servicing such athletic fields except as specifically approved by the Town Council, ordinance, or Town Council approved policy which governs such conduct. It shall be unlawful for any person to possess an open alcoholic beverage container or consume any alcoholic beverage, as defined by the Texas Alcoholic Beverage Code in any Town owned or controlled park, including reserved area(s) within any park, playground, recreation center or any other area in the Town owned or used by the Town and devoted to active or passive recreation, including all planted expressways, all parking lots servicing parks and public areas, parkways, triangles, and traffic islands maintained by the Town except as specifically approved by the Town Council, ordinance, or Town Council approved policy which governs such conduct. 2. Schools and School Activities: It shall be unlawful for any person to possess an open container or consume any alcoholic beverage on a public street, public alley, or public sidewalk within 1,000 feet of the property line of a facility that is a public or private school, including a parochial school, that provides all or any part of pre-kindergarten through twelfth grade in the buildings or on the grounds of any public school in the Town limits or at any school related activity conducted within the Town limits. L. Miscellaneous Provisions Reserved for Expansion. (Ord. No. 2000-06 P&Z § XXXIV, 3-21-00, Repealed by Ord. No. 2004-10 P&Z, § II, 3-1-04) Chapter 13 - Zoning Section 5.03 Accessory Structures and Uses An accessory structure shall comply in all respects with the requirements of this ordinance applicable to the main structure, and in accordance with the following: A. All residentially zoned districts shall be subject to the following regulations. 1. Permitted Accessory Structures a. Accessory structures less than one hundred twenty (120) square feet of floor area 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, i. Detached private garage in connection with any use, provided that no such garage shall face a golf course; and provided that any detached garage which faces a street be located a minimum of forty-five feet (45’) from the front property line; and provided, however, that the requirement that no such garage face any street shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town, unless otherwise provided by ordinance. ii. Cabana, pavilion, gazebo iii. Storage/utility buildings (masonry or wood) iv. Greenhouse (as hobby, not business) v. Home workshop vi. Flag Pole less than twenty feet (20’) vii. Tennis court viii. Basketball court ix. All other uses and structures which are customarily accessory, and clearly incidental to the structures, and which are allowed within the applicable Zoning District. c. 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: i. Behind the front building setback; and ii. A minimum of twenty feet (20’) from any street right of way; and iii. A minimum of six feet (6’) from rear and side lot lines. Chapter 13 - Zoning 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 feet (20’) 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 feet (50’) 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 5.01, Temporary Uses. 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. All other uses and structures which are customarily accessory, and clearly incidental to the structures, and which are allowed within the applicable Zoning District. 3. 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, and clearly incidental to the 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, with the exception of a flag pole and signs, shall not be located in any front yard, as defined by this Article, 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 the 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 zoning regulations in the district which they are located. E. Garage Requirements: 1. A detached garage, used to meet the minimum off street parking requirement, shall be Chapter 13 - Zoning 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 feet (45’) 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 feet (35’) from the side street; however, no drive cuts will be allowed from any street classified as a major or minor collector street. 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. (Ord. No. 2005-09 P&Z § II, 5-2-05, Repealed by Ord. No. 2005-14 P&Z, § II, 6-6-05) Chapter 13 - Zoning Section 5.04 Height Limits Height limitations stipulated elsewhere in this ordinance shall be modified such that chimneys, water towers, monuments, cupolas, church spires, standpipes, false mansards, parapet walls, similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinances of the Town. All such portions of buildings and/or structures extending in excess of ten (10) feet above the permitted height as provided in each zoning district shall require approval of the Town Council prior to issuance of a building permit. In the case of non-residential structures all such extensions shall be clearly noted and detailed on a site plan. (Ord No. 98-29, § XXXVI, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXXVI, 3-21-00) Chapter 13 - Zoning Section 5.05 Required Yards A. Adjacent to Streets Where the front or side yards facing one side of a street between two (2) intersecting streets is zoned for two (2) classes of districts, the setback on the most restricted district shall apply to the entire block. B. Minimum Requirement The Planning and Zoning Commission may recommend and the Town Council may require a minimum front yard, rear yard or side yard greater than that required as a minimum setback by the specific use categories in the ordinance rezoning any property when the safety of the traveling public and the general health, welfare and morals of the community require greater set back depth. C. Reduced by Platting The front yard or side yard set-back may be reduced by platting if approved by the P&Z and Council for a specific and unusual conditions; but shall not be less than fifteen feet (15’) for a front yard or 10 feet for a side yard, unless otherwise provided by the district or a Planned Development. D. Play Area Equipment Play area equipment shall be located in the required rear yard. (Ord No. 98-29, § XXXVII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXXVII, 3-21-00) Chapter 13 - Zoning Section 5.06 Projections Into Required Yards Certain architectural features, fences, walls, and hedges may project into or be located in required yards as follows: A. Cornices, Eaves and Sills shall be not more than two feet (2’) into any required yard. B. Balconies, Bay Windows and Chimneys shall be not more than three feet (3’) into front yards, or two feet (2’) into side and rear yards. C. Patios may be located no closer than five feet (5’) to any side yard property line nor closer than ten feet (10’) to the rear property line unless approved by the Town. In the case of a corner lot, patios shall be subject to the regular street side yard requirements of the district. D. An Open Fire Escape shall be not more than three and one-half feet (3-½’) into rear yards, provided that such structure does not obstruct ventilation or light. E. Fences and walls adjacent to streets and located on corner lots shall be located on the set back line as established by the front and side yard regulations of the district. F. Mechanical Equipment 1. In districts zoned CG, CR or GU, PO, or NS, no mechanical equipment designed or manufactured for permanent installation in one place, either outside of a building or projecting through an opening in a building, shall be permitted in the required side yard or rear yard abutting a residentially zoned district. 2. No structure used for a non-residential purpose may be located in a residentially zoned district. 3. No air conditioning apparatus shall be attached to any wall or window of a residence. No evaporative cooler shall be attached to any wall or window of a residence. (Ord No. 98-29, § XXXVIII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXXVIII, 3-21-00) Chapter 13 - Zoning Section 5.07 Right-of-Way and Easement Dedication Requirements Right-of-way and easement dedication shall be made in accordance with the Town Subdivision Regulations and Comprehensive Land Use Plan. Code of Ordinances Cross Reference: (Dedication), Chapter 12, § 3.11 (Ord No. 98-29, § XXXIX, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXXIX, 3-21-00) Chapter 13 - Zoning Section 5.08 Nonconforming Uses and Structures A. Intent Within the districts established by this Ordinance, there exist lots, structures, and uses of land and structures which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Ordinance. It is the intent of this Ordinance to permit these non-conformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this Ordinance to be incompatible with permitted uses in the district involved. It is further the intent of this Ordinance that non-conformities shall not be enlarged upon, expanded or extended, nor used as grounds for adding other structures or uses prohibited elsewhere in this same district. B. Nonconforming Building or Structure When on the effective date of this Ordinance, a building or structure, exists that could not be built under the terms of this Ordinance by reason or restrictions on area, lot coverage, height, yards, or other characteristics of the building or structure, or its location on the lot, such building or structure may be continued subject to the following provision: 1. No nonconforming building or structure may be enlarged or altered in any way which increases the degree or extent of the nonconforming feature without approval of a building permit which has been authorized by the Zoning Board of Adjustment, and provided further that no building or structure having nonconforming feature shall be moved, reconstructed or substituted with another building or structure unless such nonconforming feature is thereby eliminated and the building or structure is make to conform to the provisions of this Ordinance. However, nothing in this provision shall be construed to prohibit normal repair, maintenance and non-structural alterations to such building or structure, nor the alteration, strengthening or restoration to safe condition as may be required by law with the issuance of a building permit approved by the Building Official. 2. When a nonconforming building or structure is damaged by fire or other causes, it shall not be reconstructed except in conformance with the provisions of this paragraph. In the case of partial destruction by fire or other causes, not exceeding fifty percent of its value according to the most current value shown on the appraisal roll of the Tax Appraisal District, the Building Official is authorized to approve a building permit for reconstruction. If greater than fifty percent of such value, upon approval of the Zoning Board of Adjustment the Building Official may issue a permit for repair, but not for the enlargement of the building or structure, but only after consideration has been given for removal of the nonconforming feature. 3. The right to use and maintain any nonconforming building or structure shall terminate and shall cease to exist whenever the nonconforming building or structure becomes substandard under any applicable Ordinance of the Town and the cost of replacing such building or structure is lawful compliance with the applicable Ordinance exceeds fifty percent of the replacement costs of such building or structure. 4. In determining the replacement cost of any nonconforming building or structure, there shall not be included therein the cost of land or any factors other than the most current value shown on the appraisal roll of the Tax Appraisal District of the nonconforming building or structure itself, including foundation. Chapter 13 - Zoning C. Non-Conforming Uses: When on the effective date of this Ordinance, a use of a building or structure or of a building or structure and premises in combination, exists that would not be allowed in the district under the terms of this Ordinance, the use may be continued subject to the following provisions: 1. No building or structure associated with a nonconforming use shall be enlarged, extended, reconstructed, moved or structurally altered without approval of a building permit which has been authorized by the Board of Adjustment, provided that nothing in this provision shall be construed to prohibit normal repair, maintenance and non-structural alterations to such building or structure, nor prohibit the alteration, strengthening or restoration to safe condition as may be required by law after the issuance of a building permit by the Building Official. 2. The lawful use of any building, structure, sign or land existing at the time such property was more restrictively zoned may be continued except as this Ordinance may require abatement within a given period of time; provided, the right to continue such nonconforming use shall be subject to regulations prohibiting nuisances and shall be terminated when such use constitutes a nuisance. 3. Any nonconforming use may be changed to a use conforming with the regulations herein established for the district in which the nonconforming use is located; provided, however, that a nonconforming use so changed shall not thereafter be changed to another nonconforming use or be returned to a nonconforming use status. 4. Whenever a building or structure containing a nonconforming use is destroyed by fire or the elements, it shall not be reconstructed except in conformance with the provisions of this paragraph. In the case of partial destruction by fire or other causes, not exceeding fifty percent of its current replacement value, the Building Official is authorized to approve a building permit for reconstruction. If greater than fifty percent of its current replacement value, the Zoning Board of Adjustment is authorized to consider approval of a building permit for reconstruction. 5. Whenever a building or structure containing a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises shall henceforth be in conformance with this Ordinance. Abandonment shall involve the intent of the owner to discontinue a nonconforming use which is discontinued for, or which remains vacant for, a period of six months shall be considered to have been abandoned. A nonconforming use shall also be considered abandoned when it has been replaced with a conforming use or the zoning district boundaries have been changed so as to make the use conform with these regulations. D. Non-conforming Lots: When on the effective date of this Ordinance, a lot of record exists which contains less than the minimum lot requirements for area, depth or width, as contained in this Ordinance, such lot of record may be used for any valid use, building or structure authorized in this Ordinance, provided that the requirements for building setback, side yard, rear yard, height, parking, landscaping and other applicable provisions of this Ordinance are satisfied. (Ord No. 98-29, §XL, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XL, 3-21-00) Chapter 13 - Zoning Section 5.09 Site Plan Requirements Whenever a site plan is required by this Ordinance, such site plan must conform to the requirements of this Section. Except as otherwise provided herein, all site plans must be approved by the Town Council upon recommendation of the Planning and Zoning Commission. A. Requirement prior to Building Permit When required by this ordinance, a site plan must be approved prior to issuance of a building permit by the Town. B. Changes to the Site Plan Changes to the site plan shall be processed in the same manner as the original approved site plan. 1. Except as otherwise provided in Section 5.09(B)(3) below, any site plan that is amended shall require approval of the Town Council upon recommendation of the Planning and Zoning Commission. 2. Changes to the site plan which will affect the use of the land shall require either an amendment to a PD or a rezoning of property, whichever applies, and shall require the appropriate public hearings. 3. Changes of details within a site plan which do not alter the basic physical relationship of the property to adjacent property, do not alter the use permitted, increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved site plan, may be authorized by the Town’s Planning and Zoning Administrator. An aggrieved party may appeal the decision of the Town’s designee to the Zoning Board of Adjustment in accordance with the provisions of this Ordinance. C. Council Approval Upon recommendation by the Planning and Zoning Commission, Council approval of a site plan that accompanies a zoning change request shall become part of the amended ordinance. Hearings held by the Council for consideration of approval of such zoning change and accompanying site plan shall be conducted in accordance with the provisions of Section 8.06, Public Hearings. D. Compliance with Town Design Standards The site plan must comply with design standards, policies, and any design criteria deemed necessary to the safety, health, and welfare of the Town. E. Site Plan Contents The site plan shall contain the information listed below and any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation by the Planning and Zoning Commission, the Town Council and the staff personnel required to enforce and interpret this Ordinance. 1. The location of all existing and planned structures on the subject property and approximate Chapter 13 - Zoning locations of structures on adjoining property within one hundred feet (100’). 2. Lighting and/or fencing and/or screening of yards and setback areas and proposed changes. 3. Design of ingress and egress. 4. Off-street parking and loading facilities, and calculations showing how the quantities were obtained. 5. Height of all structures. 6. Proposed uses. 7. Landscape plan 8. Tree Survey indicating location, size, and type of all existing trees. 9. The location and type of all signs, including lighting and heights. 10. Elevation drawings citing proposed exterior finish material. 11. Street names on proposed streets. 12. Proposed water, wastewater collection, and storm sewer lines; proposed grading and drainage patterns. 13. Engineering drawings of all improvements to be dedicated to the Town or M.U.D. if the property is not to be final platted or if engineering drawings have not been previously submitted for the site. If the property is to be final platted, these may be provided at that time. 14. Utility and drainage easements for dedicated infrastructure, if required. 15. Such additional terms and conditions, including design standards, as the Planning and Zoning Commission and the Town Council deem necessary. (Ord No. 98-29, §XLI, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XLI, 3-21-00) Chapter 13 - Zoning Section 5.10 Wireless Antennas & Antenna Facilities A. Purpose: Wireless telecommunications facilities used in transmitting and receiving signal energy are essential and promote the health, safety, and general welfare of the citizens of the Town. The purpose of this section is to govern the placement of these facilities to: 1. Assure that their location and use do not compromise the aesthetic quality of the community; 2. Encourage operators of antenna facilities and antennas to locate them in areas where the adverse impact on the community is minimal; 3. Encourage co-location on both new and existing antenna facilities; 4. Encourage operators of antenna facilities and antennas to configure them in a way that minimizes the adverse visual impact through careful design, landscape screening, and innovative stealth techniques; 5. Enhance the ability of antenna facilities and antennas to provide services to the community effectively and efficiently; and B. Definitions: In this section the following definitions apply: Alternative Tower Structure: Clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. See also the definition of “stealth facility”. Amateur Radio Antenna: A radio communication antenna used by a person holding an amateur station license from the Federal Communications Commission. Antenna: A device used in communications, which transmits or receives radio signals, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Antenna, Building Attached: Antenna attached to an existing structure in two general forms: (1) roof-mounted, in which antennas are placed on the roofs of buildings, or (2) building-mounted, in which antennas are placed on the sides of buildings. These antennas can also be mounted on structures such as water tanks, billboards, church steeples, electrical transmission towers, etc. Antenna Facility: Any structure, monopole, tower, or lattice tower used to support antennas. Co-location: The act of locating wireless communications equipment for more than one use on a single antenna facility. Equipment Storage Building: An unmanned, single story equipment building used to house radio transmitters and related equipment. Monopole: A self-supporting antenna facility composed of a single spire used to support communications equipment or other visible items. Preexisting Towers and Preexisting Antennas: Any Tower or Antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this Ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. Chapter 13 - Zoning Satellite Receive-Only Antenna: An antenna that enables the receipt of television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are commonly known as a satellite dish, television receive-only antenna, dish antenna, parabolic antenna, or satellite earth station antenna. Stealth Facility: “Stealth” is a generic term describing a method that would hide or conceal an antenna, supporting electrical or mechanical equipment, or any other support structure that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible to the surrounding neighborhood. Stealth facilities may include totally enclosed antennas, wireless facilities that replicate or duplicate the construction of common structures such as flagpoles, Alternative Tower Structures, and camouflaged wireless facilities that are constructed to blend into the surrounding environment. Tower: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes. This includes self- supporting lattice towers, light standards, guyed towers, monopole tower, alternative tower facilities or any other vertical support. This also includes the structure and any support thereto. Tower, Lattice: A self-supporting tower having three or four support legs with cross-bracing and the capacity to hold a number and a variety of antennas. TV Antenna: An antenna that enables the receipt of television signals transmitted from broadcast stations. C. Applicability/General Regulations: The following regulations apply to all antenna facilities and antennas located within any district: 1. Applicability: Except as specifically provided, all new Towers or Antennas in the Town of Trophy Club shall be subject to the regulations contained in this Ordinance. Preexisting Towers or Antennas shall not be required to meet the requirements of this Ordinance, other than those contained in Sections 5.10(C)(9) & (11) below. 2. Equipment and Storage Building: An equipment storage building associated with an antenna facility or an antenna shall be screened and landscaped as described in other sections of this ordinance, or be incorporated into the stealth treatment so that it is consistent and complementary with the existing structures and uses on the premises. Masonry construction meeting the definition of masonry as provided herein: Alternative material that achieves compatible screening may be permitted upon approval by the Town Council and recommended by the Planning and Zoning Commission. 3. Driveway Surfaces: All driveways accessing any antenna facility site or equipment storage site shall have an asphalt or concrete pavement. 4. No outdoor lighting shall be allowed on antennas located on residentially zoned property except lights or lighting that is by required by the Federal Aviation Administration or the Federal Communications Commission. 5. Antenna Facility Capacity: An antenna facility shall not have more than the number and size of antennas attached to it than are allowed by the antenna facility manufacturer's designs and specifications for maximum wind load requirements. 6. Monopoles: No guy wires are permitted with the use of monopoles. Chapter 13 - Zoning 7. Prohibited in Easements: Antenna facilities constructed solely for the purpose of supporting antennas shall not be placed in an easement, unless authorized by the easement holder. 8. Construction Standards: A building permit must be obtained prior to the construction or installation of a tower, antenna, or mast. An antenna facility must be installed according to the manufacturer’s recommendations or under the seal of a registered professional engineer of the State of Texas. Additionally, all Antenna Facilities shall comply with applicable state and local building codes. 9. Building Codes / Safety Standards: The exemption of an Antenna Facility from the requirement to obtain a conditional use permit under this Ordinance shall not exempt the owner of such Facility or his agents from compliance with permitting, Building Code or the requirements of other applicable Ordinances. To ensure the structural integrity of Antenna Facilities, the owner of an Antenna Facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If upon inspection, the Town concludes that an Antenna Facility fails to comply with such codes and standards and constitutes a danger to persons or property, then upon written notice to the owner of the Tower, the owner shall have thirty (30) days to bring such tower into compliance with applicable standards. Failure to bring such tower into compliance shall constitute grounds for the removal of the Antenna Facility at the owner’s expense. This notice requirement shall not preclude immediate action by the Building Official as allowed by law if public safety requires such action. 10. Contained on Property: No part of an antenna facility, antennas, or other attachment may extend beyond the property lines of the lot on which the antenna or antenna facility is located. 11. State or Federal Requirements: All Towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate Towers and Antennas. If such standards and regulations are changed, and if the controlling state or federal agency mandates compliance, then the owners of the Towers and Antennas governed by this Ordinance shall bring such Towers and Antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. 12. Conditional Use Permit Requirement: A Conditional use permit shall be required for an antenna or antenna facility which will not comply with any requirement of this section. See Section J. Conditional use permits D. Amateur Radio and TV Antennas: Amateur radio and TV antennas are permitted as accessory uses in the R-15, R-12, R-11, R-10, R-9, R8, R-FV, R-TT, T-OH, R-OHF, R-S, MH, or any residentially zoned Planned Development districts. Amateur radio and TV antennas must comply with the following regulations: 1. Antenna Facility Type: The antenna facility may be either building attached, a monopole, tower, or a lattice tower. 2. Number of Facilities Per Lot: Only one antenna facility exceeding thirty-five feet (35’) in height is permitted on each lot. Chapter 13 - Zoning 3. Height Limitations: An antenna facility, exclusive of the height of any antenna or mast, shall not exceed 35 feet in height; except, that an antenna facility shall be permitted additional height at the ratio of one added foot in height for each additional foot of setback beyond the minimum setback required of an accessory building in the Zoning District Regulations to a maximum height of 65 feet in a residential district. A conditional use permit is required for additional height. 4. Height Limit for Building Mounted Antenna: An antenna shall not extend more than eight feet above a building on which it is mounted, regardless of the height of the structure. 5. Setbacks: Antennas and antenna facilities shall not be permitted within any required setback area. Guy wires are not permitted in front or side areas from the face of the structure to the street right-of-way. 6. Lights: No outdoor lighting shall be allowed on antenna facilities located on residentially zoned property, except lights or lighting that is required by the Federal Aviation Administration or the Federal Communications Commission. E. Satellite Receive-Only Antennas Generally A satellite receive only antenna is permitted as an accessory use under the following conditions: 1. The satellite receive-only antenna is not greater than one meter in diameter: all zoning districts. 2. The satellite receive-only antenna is one meter or greater in diameter, but not greater than two meters in diameter: all nonresidential zoning districts. F. Satellite Receive-Only Antennas Greater Than One Meter in Diameter in Residential Districts and Greater Than Two Meters in Diameter in Nonresidential Districts are permitted as accessory uses if they comply with the following regulations: 1. Number of Antennas Per Lot: Only one satellite receive-only antenna per lot of record. 2. Height: Not exceeding ten feet in height. 3. Set Backs a. Front and side yards: Not permitted. b. Rear yard: Minimum setback as required for accessory buildings in residential districts and as for all buildings in nonresidential districts. 4. Separation: No minimum or maximum separation requirements for satellite receive-only antennas from other structures on the same lot of record. 5. Screening: Satellite receive-only antennas that are mounted on the ground shall be screened from view from adjoining properties by solid fencing or evergreen plants to a height of a least six feet. A satellite receive-only antenna located within a fence surrounding the yard in which the satellite receive-only antenna is located shall be considered to be screened. G. Placement of Antenna Facilities (Other Than Amateur Radio, TV, and Satellite Receive- Only Antennas) within Land Use Thresholds Chapter 13 - Zoning For the purpose of determining the appropriate locations for the placement of antenna facilities other than amateur radio, TV, and satellite receive-only antennas, the Town is divided into land use threshold areas that require different regulations pertaining to height, location, and type of antenna facility. These land use thresholds are defined as follows: 1. Full Commercial "FC": Property within the CG, CR, NS, PO, or non-residential Planned Development zoning districts. 2. Undeveloped Residential "UR": Property within R-15, R-12, R-11, R-10, R-9, R8, R-FV, R-TT, T-OH, R-OHF, R-S, MH, or any residentially zoned Planned Development districts, that: a. Is not a part of a recorded subdivision; or b. Is a part of a recorded subdivision but has not had a building permit issued for a residential structure; and c. Not located within the calculated limits of the Developed Residential ("DR") threshold. 3. Wireless Corridors "WC": Property within, and one hundred-fifty feet (150’) either side of, the right-of-way of a freeway or a major or minor arterial roadway, as indicated on the Town’s Thoroughfare Plan. 4. Developed Residential "DR": Property within the R-15, R-12, R-11, R-10, R-9, R8, R-FV, R- TT, T-OH, R-OHF, R-S, MH, or any residentially zoned Planned Development districts, which: a. Is a recorded subdivision that has had at least one building permit for a residential structure; or b. Is within the exterior surfaces of an existing primary residential structure; or c. Is within six hundred feet (600’) of areas described by paragraphs 4.a and 4.b above. H. Antenna Facility Impact Levels: For the purpose of determining appropriate locations for antenna facilities, the Town recognizes differing levels of impact for antenna facilities depending upon physical location, aesthetics, and land uses compatibility. These antenna facility impact levels are defined as follows: Monopole: A monopole as permitted with a conditional use permit. The antenna equipment may not extend more than five feet (5’) above the highest point on the monopole. 1. Chapter 13 - Zoning 2. Level 4 Stealth Facility: The antenna on a Level 4 Stealth facility is located on an existing structure (other than an antenna facility) including, but not limited to, a building, water tower, utility tower, steeple, or light pole. The antenna is not screened nor hidden. For the purpose of this level, a pole or tower may be reconstructed to structurally hold the antenna but shall not be any higher than the original structure that it is replacing. 3. Level 3 Stealth Facility: The antenna on a Level 3 Stealth facility is located on an existing structure (other than an antenna facility) including, but not limited to, a building, water tower, utility tower, steeple, or light pole. The antenna shall be aesthetically painted, constructed, or applied with material so that it is incorporated into the pattern, style, and material of the structure to effectively render the antenna unnoticeable. A new structure may be constructed to hold or house the antenna or equipment; however, the structure must be consistent with the overall architectural features of the primary buildings 4. Level 2 Stealth Facility: The antenna on a Level 2 stealth facility is attached to the structure in such a manner that if it is seen it appears unrecognizable as an antenna, and the structure in which or on which the antenna is attached is an integral part of an overall development. 5. Level 1 Stealth Facility: The antenna on a Level 1 stealth facility is attached to the structure in such a manner that the antenna is completely unseen and the structure in which or on which the antenna is attached is an integral part of an overall development. I. Antenna Facility Siting Matrix: Antenna facilities shall be located in accordance with the following siting matrix. This matrix provides for areas where antenna facilities may be located as permitted uses, areas where they may be located with a conditional use permit, and areas where they are prohibited. Chapter 13 - Zoning Antenna Facility Siting Matrix Permitted Use Requires a Conditional Use Permit Prohibited Monopole over 120 ft. Monopole up to 120 ft. Level 4 Stealth Facility Level 3 Stealth Facility Level 2 Stealth Facility Level 1 Stealth Facility FC UR WC DR J. Conditional Use Permit When a Conditional Use Permit is required by this section for the location of an antenna facility or an antenna, the property owner must submit an application in accordance with the procedure established in this ordinance. 1. Application In order to properly evaluate an application to locate an antenna facility or an antenna that requires a conditional use permit, in addition to the information required from applicants applying for conditional use permits under other provisions of the Town’s Zoning Ordinance, the applicant for a conditional use permit under this section shall provide the following information: a. Describe the nature of the antenna site. Indicate whether the proposed structure is a monopole or mounted to a self-supporting structure. Indicate the proposed height. b. Provide photos or drawings of all equipment, structures, and antennas. Additionally, an applicant shall provide a scaled site plan clearly indicating the location, type and height of the proposed Antenna Facility, on-site land uses and zoning, adjacent land uses and zoning, proposed means of access, setbacks from property lines, elevation drawings of the proposed Antenna Facility and any other structures, topography, parking, and other information as reasonably determined by the Town to be necessary to assess compliance with this Ordinance. All drawings shall be scaled drawings. c. Describe why the antenna or tower is necessary at the particular location. Chapter 13 - Zoning d. State the name(s) of the telecommunications providers or other users of the antenna or tower and describe the use to be made by each user. e. Indicate if this antenna or tower site is to be connected to other sites; and if so, describe how it will be connected and who will be the back haul provider. f. The Town does not require co-location; however, the applicant must address whether it has made an effort to co-locate the facilities proposed for this antenna facility on existing antenna facilities in the same general area. Identify the location of these existing sites, and describe in detail these efforts and explain in detail why these existing sites were not feasible. Attach all studies or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage. Provide written documentation from existing sites' owners and/or operators which confirm the statements provided. Indicate whether the existing sites allow/ promote co-location and, if not, describe why not. g. Indicate whether co-location will be allowed to other telecommunications providers at the requested site. If they are not allowed, state every reason and the basis of each reason. h. If the requested location is in a residential district the applicant must address whether it has made an effort to locate the facility in a nonresidential district. Identify the location of these nonresidential district sites, describe in detail these efforts, and explain in detail why these nonresidential sites were not feasible. Attach all studies or tests performed which demonstrate why the nonresidential sites will not provide sufficient signal coverage. Provide written documentation from nonresidential district sites' owners or operators which confirm the statements provided. i. Indicate the proposed provider's current coverage area for the Town. Attach maps showing the areas the proposed provider's existing antenna currently covers, the areas the applicant's existing sites and the requested site would cover. j. Describe the applicant's master antenna facilities plan for the Town. Attach maps and other related documentation. Provide information indicating each phase of the plan. k. Describe the applicant's plan to minimize the number of antenna facilities needed to cover the Town. 2. Consideration of Application: In considering whether to grant a Conditional Use Permit, the following shall be considered. a. The effect that location of the Antenna Facility will have on the monetary value of the surrounding property; b. The potential for interference with the enjoyment of the use surrounding properties; c. Aesthetics; Impact, including but not limited to, the surrounding topography, surrounding tree coverage and foliage; proposed buffering; and the design of the Antenna Facility, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; d. The proposed height of the antenna facility relative to surrounding structures; e. The zoning district and the adjoining zoning districts of the property for which Conditional Use Permit is sought; Chapter 13 - Zoning f. The unique conditions that govern reasonable reception on the antenna facility on any given lot; and g. The availability of suitable alternative sites: Suitable alternative site(s) shall mean a location or locations that would provide the same or better signal coverage than the proposed site for which a conditional use permit is requested. The applicant shall provide documentation supporting his contention that alternative site(s) are not suitable and/or available. 3. Procedures for Consideration of Conditional Use Permit: The procedures for consideration of an application for conditional use permit requested under this section of the ordinance shall be the same as those procedures for request of a conditional use permit under Article 6, Section 6.01 of this ordinance. K. Written Report Denial of an application for conditional use permit under this section shall be documented in accordance with the requirements established in the Telecommunications Act of 1996, as amended. L. Appeal An applicant may appeal the decision of the Planning and Zoning Administrator to the Planning & Zoning Commission by filing a written Notice of Appeal within ten (10) days following the date the Administrator notifies the applicant of his decision. The Planning and Zoning Commission may approve, conditionally approve, or deny an appeal. The applicant may appeal the Planning and Zoning Commission’s denial to the Town Council by filing a written Notice of Appeal with the Town Secretary within ten (10) days following the denial by the Commission. A decision not timely appealed in accordance with this section shall be final. (Ord. No. 2000-06 P&Z § XLI, 3-21-00, Repealed by Ord. No. 2001-08 P&Z, § II, 4-16-01) Chapter 13 - Zoning Section 5.11 Home Occupations A. Home occupations may be conducted within residential units provided such home occupations are “transparent” to the neighborhood. The following regulations shall apply: 1. No person other than members of the family residing on the premises shall be engaged in the home occupation; 2. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty percent (20%) of the floor area of the dwelling unit, not including the garage or accessory structure, shall be used in the conducting of the home occupation; 3. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation. No sign advertising a home occupation shall be placed on property where a home occupation is conducted; 4. There shall be no direct sales of goods or products from the dwelling in connection with such home occupation. 5. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard; 6. No equipment, process or work shall be used or conducted in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a residence. In the case of electrical interference, no equipment, process or work shall be used or conducted which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises; 7. The operation of a beauty salon, barber shop, pet grooming establishment, or repair services shall not be permitted as a home occupation; and 8. No outdoor storage of any type shall be permitted with any home occupation. (Ord No. 98-29, §XLIII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XLIII, 3-21-00) Chapter 13 - Zoning Section 5.12 Oil and Gas Well Drilling & Production A. Purpose The exploration, development and production of oil or gas in the Town is an activity which necessitates reasonable regulation to ensure that all property owners, mineral and otherwise, have the right to peaceably enjoy their property and its benefits and revenues. It is hereby declared to be the purpose of this article to establish reasonable and uniform limitations, safeguards and regulations for present and future operations related to the exploring, drilling, developing, producing, transporting and storing of oil or gas and other substances produced in association with oil or gas within the Town to protect the health, safety and general welfare of the public, minimize the potential impact to property and mineral rights owners, protect the quality of the environment and encourage the orderly production of available mineral resources. B. Definitions All technical industry words or phrases related to the drilling and production of oil and gas wells not specifically defined shall have the meanings customarily attributable thereto by prudent operators in the oil and gas industry. For the purposes of this Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Abandonment: “Abandonment” as defined by the Railroad Commission and includes the plugging of the well and restoration of the drill site as required by this Ordinance. Applicant/Permittee: A person to whom a permit or certificate for the drilling, operation and production of a well, or the installation or operation of a pipeline, is issued under this Ordinance, including, but not limited to, his or her heirs, legal representatives, successors or assigns. Drill Site: The area used for drilling, completing, or re-working a well. Drilling: Any digging or boring of a new well to develop or produce oil or gas or to inject gas, water, or any other fluid or substance into the earth. Drilling means and includes the re-entry of an abandoned well. Drilling does not mean or include the re-entry of a well that has not been abandoned. Exploration: Geologic or geophysical activities, including, but not limited to surveying and seismic exploration, related to the search for oil, gas, or other sub-surface hydrocarbons. Fire Code: The Fire Code adopted by the Town of Trophy Club, as amended. Gas: Gas or natural gas, as such terms are used in the rules, regulations, or forms of the Railroad Commission. Gas Well: Any well drilled for the production of gas or classified as a gas well under the Texas Natural Resources Code or the Railroad Commission. Gas Well Permit: A Gas Well Permit applied for and issued or denied under this Ordinance authorizing the drilling, production, and operation of one or more gas wells. Gathering Station: Specific Use site where the gathering lines for all the wells converge. Chapter 13 - Zoning Hazardous Materials Management Plan: The hazardous materials management plan and hazardous materials inventory statements required by the Fire Code. New Well: A new well bore or new hole established at the ground surface and shall not include the re-working of an existing well that has not been abandoned unless the rework intends to drill to a deeper total depth, which shall require a new well permit. Oil: Oil, as such terms are used in the rules, regulations, or forms of the Railroad Commission. Oil & Gas Well Manual: Adopted by Town Council of the Town of Trophy Club, Texas. Oil Well: Any well drilled for the production of oil or classified as an oil well under the Texas Natural Resources Code or the Railroad Commission. Oil Well Permit: An Oil Well Permit applied for and issued or denied under this Ordinance authorizing the drilling, production, and operation of one or more oil wells. Operation Site: The area used for development and production and all related operational activities of oil and gas after drilling activities are complete. Operator: For each well, the person listed on the Railroad Commission Form W-1 or Form P-4 for an oil or gas well. Person: Includes both the singular and plural and means an individual person, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, and a fiduciary or representative of any kind. Petroleum Specialist: A person familiar with and educated in the oil and gas industry who has been retained by the Town. Pipeline Easement Map: A map indicating all gathering line easements. The easements must be located separately from the utility easements. Railroad Commission: The Railroad Commission of Texas. Structure: Any building intended for shelter, occupancy, housing or enclosure for persons, animals, cattle or storage. Town: The Town of Trophy Club, Texas. Town Designee: Qualified oil and gas consultant as determined by the Town Manager. Town Staff: Employees and independent contractors performing services for the Town of Trophy Club, including but not limited to the Fire Marshall. Well: A hole or bore to any horizon, formation, or strata for the purpose of producing oil, gas, or other liquid hydrocarbons. C. Oil and Gas Well Drilling and Production “By Specific Use Permit (SUP)” Chapter 13 - Zoning 1. The drilling and production of oil and gas within the corporate limits of the Town shall be permitted by Specific Use Permit provided that the property line of any residential structure or public building, institution or school is a minimum of one-thousand feet (1,000’) from the wellhead and provided that the drilling and production of oil or gas meets the following requirements: a. All applicable standards set forth in this Ordinance and the Oil & Gas Well Manual, Standards for Oil and Gas Well Drilling and Production; b. An approved Oil and Gas Well Development Site Plan and a Road Repair Agreement are on file with the Town; and c. An Oil or Gas Well Permit has been issued by the Town. 2. The drilling and production of oil and gas within the corporate limits of the Town shall be permitted by Specific Use Permit as close as two hundred fifty feet (250’) from the wellhead to the property line of a property with a residence located on it if all property owners agree in writing and provided that the drilling and production of oil or gas meets the requirements of this Ordinance and a Specific Use Permit. 3. Upon request of a property owner, operator, or other applicant for SUP (collectively referred to herein as “Applicant”), the Town Council, upon recommendation by the Planning and Zoning Commission, shall hear and shall seriously and fairly consider a request for a waiver from the requirement for a one-thousand foot (1,000’) setback specified in subparagraph 1 of this Section. A waiver may be authorized and will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of the setback requirement will result in unnecessary hardship, including a substantial economic hardship; or the setback requirement would prevent an Applicant from accessing his/her mineral interest. Applicant may make such request for waiver as a part of his/her SUP application. D. Specific Use Permit Application Requirements 1. No person, acting for himself or acting as an agent, employee, independent contractor, or servant for any person, shall engage in drilling or production of an oil or gas well within the corporate limits of the Town without first obtaining a Specific Use Permit. 2. An application for a Specific Use Permit for the drilling and production of an oil or gas well shall be filed by the person having legal authority. That person is presumed to be the record owner, mineral owner, or the duly authorized agent of either the record owner or the mineral owner. The applicant shall submit information evidencing his/her authority to file an application with the Town. 3. All applications to be considered for Oil and Gas Drilling and Production under these regulations shall be submitted to the Town Planning & Zoning Coordinator, along with a completed application and fees, and must be in accordance with all Ordinance requirements. An application for Specific Use Permit may be submitted but shall not be considered as being filed with the Town until it has been determined to be administratively complete. An application for approval shall be considered administratively complete when Town staff determines that it meets all requirements of applicable Town Ordinances so that it may be reviewed by the Planning and Zoning Commission, has been placed on the agenda for the Commission, and the agenda has been posted as required by law. An incomplete application shall not be considered "filed" with the Town as defined in this Ordinance, but shall be returned to the applicant for completion and re-submittal. Chapter 13 - Zoning E. Recommendations for Specific Use Permits 1. The Planning & Zoning Coordinator shall forward all applications for Specific Use Permits to the Planning & Zoning Commission for review. An application may be submitted but shall not be considered as being filed with the Town until it has been determined to be administratively complete. The Planning & Zoning Commission shall review each application within thirty (30) days after filing and shall make recommendations regarding the applications to the Town Council. A copy of all recommendations shall be provided to the operator. The Planning & Zoning Commission may make recommendations regarding any aspect of the proposed oil or gas well development including, but not limited to, recommendations with respect to the standards set forth in this Ordinance. 2. In connection with its review of an application for a Specific Use Permit for the drilling and production of gas wells, the Planning & Zoning Commission may determine that it is necessary to hire a petroleum specialist to assist the Commission in reviewing the application. If such a determination is made, the Planning & Zoning Commission will provide the operator a written “scope of work” that the Commission proposes for such specialist. The Planning & Zoning Commission and the operator will attempt to agree upon the “scope of work”; however, the decision of the Commission shall control. If required by the specialist, the operator will provide a retainer; otherwise, the operator will pay for the services of the specialist after they are rendered. All work performed by the specialist shall be itemized on a daily basis (including a description of the work and the amount of time spent), and such itemization shall be provided to the operator with each request for payment. 3. The Planning & Zoning Commission has the authority to establish guidelines to use in making recommendations for a Specific Use Permit. Guidelines shall be placed in the Oil and Gas Well Manual. 4. A public hearing shall be conducted for all applications for SUP pursuant to Section 6.02 of the Town’s Comprehensive Zoning Ordinance. Notice thereof shall be given in the manner and form required for amendments as set out in Section 8.06 of the Comprehensive Zoning Ordinance, entitled Amendments, and as required by State law; provided however, that notice of such public hearing shall be given to each owner, as indicated by the most recently approved municipal tax roll, of real property within five hundred feet (500’) of the property line or one-thousand feet (1,000’) from the wellhead, upon which an SUP application for oil and / or gas well drilling and production is being considered. If, because of the location of the proposed well site, the application of the notice requirements herein would result in notice being sent only to a sparsely populated area, including, but not limited to only a portion of a subdivision, the Town Manager may, at her discretion require additional notice at the applicant’s expense. F. Oil and Gas Well Permit Required 1. Any person, acting for himself or acting as an agent, employee, independent contractor, or servant for any person, shall not engage in the drilling and production of oil or gas wells within the corporate limits of the Town without first obtaining an Oil and Gas Well Permit issued under this Ordinance. An operator may apply for and obtain separate permits covering each well or a “blanket” permit covering multiple wells within a Specific Use Permit. 2 When an Oil and Gas Well Permit has been issued covering a well, the permit shall constitute authority for drilling, operation, production, gathering of production, maintenance, repair, re- working, testing, site preparation consisting of rigs or tank batteries, plugging and abandonment, and any other activity authorized by this Ordinance associated with drilling or production by the operator and their respective employees, agents, and contractors. An Oil and Gas Well Permit shall also constitute authority for the construction and use of all facilities Chapter 13 - Zoning reasonably necessary or convenient in connection therewith, including gathering lines and discharge lines, by the operator and its respective employees, agents, contractors and subcontractors. 3 An Exploration Permit shall be required for exploration for oil or gas. Exploration for oil or gas means geologic or geophysical activities, including, but not limited to surveying and seismic exploration, related to the search for oil, gas, or other sub-surface hydrocarbons. 4. An Oil and Gas Well Permit shall not, however, constitute authority for the re-entering and drilling of an abandoned well. Re-entry and drilling of an abandoned well shall require a new Oil and Gas Well Permit. 5. Applications For Oil and Gas Well Permits Shall Be In Accordance With The Following: a. Shall be submitted in writing, on forms provided by the Town. d. Shall include a copy of the applicable Pipeline Easement Map indicating the gathering station site. c Shall be signed by the operator. d. Shall include the information required by the Oil and Gas Well Manual unless such information has been previously provided to the Town. G. Review of Applications for Oil and Gas Well Permit 1. All applications for Oil and Gas Well Permits shall be filed with the Planning & Zoning Coordinator who shall immediately forward all applications to the Town Designee for review. Incomplete applications shall be returned to the applicant, in which case the Town shall provide a written explanation of the deficiencies if requested by the applicant. The Town shall retain a processing fee determined by the Town’s Fee Schedule, adopted by Ordinance. The Town may return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination of the operator. 2. The Town Designee shall review each application within thirty (30) days after filing and shall determine whether the application includes all of the information required by this Ordinance, whether the application is in conformance with the applicable Oil and Gas Well Development Site Plan, the applicable Specific Use Permit, and whether the application is in conformance with the insurance and security requirements set forth in this Ordinance. The Town Designee shall forward a written report regarding its determination to the operator. 3. The Town Designee shall review the application and the written report of the Fire Marshall and shall issue the Oil and Gas Well Permit within ten (10) days after receiving the Fire Marshall’s report unless it is determined that the application is incomplete or that the application is not in conformance with the applicable Development Site Plan and applicable Specific Use Permit. The Town Designee may employ a technical advisor. 4. The Town Designee may condition the release of the approved Oil and Gas Well Permit upon the operator providing the security required by this Ordinance and upon the operator entering into a Road Repair Agreement that will obligate the operator to repair damage excluding ordinary wear and tear, if any, to public streets, including but not limited to bridges, caused by the operator or by the operator’s employees, agents, contractors, subcontractors or representatives in the performance of any activity authorized by or contemplated by the approved Oil and Gas Well Permit. Chapter 13 - Zoning 5. The failure of the Town Designee to review and issue an Oil and Gas Well Permit within the time limits specified above shall not cause the application for the permit to be deemed approved. 6. Each Oil and Gas Well Permit issued by the Town shall: a. Identify the name of each well and its operator; b Specify the date on which the Town issued each permit; c. Specify the date by which drilling must commence on at least one (1) well covered by the permit, otherwise the permit expires (such date shall not be less than one [1] year after the date of issuance. A one (1) year extension of time may be granted if existing conditions are the same; d. Specify that if drilling is commenced on at least one (1) well covered by the permit before the permit expires, the permit shall continue until the wells covered by the permit are abandoned and the site(s) restored; e. Incorporate, by reference, the insurance and security requirements set forth in this Ordinance; f. Incorporate, by reference, the requirement for periodic reports and for Notice of Activities set forth in this Ordinance; g. Incorporate the full text of the release of liability provisions set forth in this Ordinance; h. Incorporate, by reference, the conditions of the applicable Development Site Plan and applicable Specific Use Permit; i. Incorporate, by reference, the information contained in the permit application; j. Incorporate, by reference, the applicable rules and regulations of the Railroad Commission, including the applicable “field rules”; k. Specify that no drilling operations (including the construction of internal private access roads) shall commence until the operator has provided the security required by this Ordinance; l. Contain the name, address, and phone number of the person designated to receive notices from the Town, which person must be a resident of Texas, that can be served in person or by registered or certified mail; and m. Incorporate by reference all permits and fees required by the Town. n. The decision of the Town Designee to deny an application for an Oil and Gas Well Permit shall be provided to the operator in writing within ten (10) days after the decision, including an explanation of the basis for the decision, if requested by the operator. The operator may appeal any such denial to the Town Council. o. If the Town denies an application for an Oil and Gas Well Permit, nothing herein contained shall prevent a new permit application from being submitted to the Town for the same well. H. Insurance and Indemnification: The operator shall provide or cause to be provided the insurance Chapter 13 - Zoning described below for each well for which an Oil and Gas Well Permit is issued, such insurance to continue until the well is abandoned and the site restored. The operator may provide the required coverage on a “blanket basis for multiple wells”. The operator shall provide an affidavit from the operator’s insurance company certifying that the insurance provided complies with the requirements of this Ordinance. 1. General Requirements: Indemnification and Express Negligence Provisions: a. Each Oil and Gas Well Permit issued by the Town shall include the following language: Operator does hereby expressly release and discharge all claims, demands, actions, judgments, and executions which it ever had, or now has or may have, or assigns may have, or claim to have, against the Town of Trophy Club and/or its departments, its agents, officers, servants, successors, assigns, sponsors, volunteers, or employees, created by, or arising out of personal injuries, known or unknown, and injuries to property, real or personal, or in any way incidental to or in connection with the performance of the work performed by the operator under an Oil and Gas Well Permit and the operator caused by or arising out of, that sequence of events which occur from the operator under the Oil and Gas Well Permit and work performed by the operator shall fully defend, protect, indemnify, and hold harmless the Town of Trophy Club, Texas, and/or its departments, agents, officers, servants, employees, successors, assigns, sponsors, or volunteers from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, fees, and expenses incurred in defense of the Town of Trophy Club, Texas, and/or its departments, agents, officers, servants, or employees, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by Operator, its agents, assigns, or any third parties on account of, arising out of, or in any way incidental to or in connection with the performance of the work performed by the Operator under an Oil and Gas Well Permit, and the Operator agrees to indemnify and hold harmless the Town of Trophy Club, Texas, and/or its departments, and/or its officers, agents, servants, employees, successors, assigns, sponsors, or volunteers from any liabilities or damages suffered as a result of claims, demands, costs, or judgments against the Town and/or, its departments, it's officers, agents, servants, or employees, created by, or arising out of the acts or omissions of the Town of Trophy Club, occurring on the drill site or operation site in the course and scope of inspecting and permitting the gas wells INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE SOLE NEGLIGENCE OF THE TOWN OF TROPHY CLUB OCCURRING ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE OIL AND GAS WELLS. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE TOWN OF TROPHY CLUB, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE TOWN OF TROPHY CLUB, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH, AND/OR DAMAGE. LIABILITY FOR THE SOLE NEGLIGENCE OF THE TOWN IN THE COURSE AND SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE GAS WELL IS LIMITED TO THE MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT. b. All policies shall be endorsed to read "This policy will not be cancelled or non-renewed without thirty (30) days advanced written notice to the owner and the Town except when this policy is being cancelled for nonpayment of premium, in which case ten (10) days advance written notice is required". c. Liability policies shall be written by carriers licensed to do business in Texas and with Chapter 13 - Zoning companies with A: VIII or better rating in accordance with the current Best Key Rating Guide, or with non-admitted carriers that have a financial rating comparable to carriers licensed to do business in Texas, and approved by the Town. d. Liability policies shall name as "Additional Insured" the Town and its officials, agents, employees, and volunteers. Waivers of subrogation shall be provided in favor of the Town. e. Certificates of insurance must be presented to the Town evidencing all coverage’s and endorsements required by this Ordinance, and the acceptance of a certificate without the required limits and/or coverage’s shall not be deemed a waiver of these requirements. f. Claims made policies will not be accepted except for excess policies or unless otherwise provided by this Ordinance. 2. Required Insurance Coverage: a. Commercial General Liability Insurance: i. Coverage should be a minimum Combined Single Limit of One Million Dollars ($1,000,000) per occurrence for Bodily Injury and Property Damage. This coverage must include premises, operations, blowout or explosion, products, completed operations, blanket contractual liability, underground property damage, broad form property damage, independent contractors protective liability and personal injury. ii. Environmental Impairment (or Seepage and Pollution) shall be either included in the coverage or written as separate coverage. Such coverage shall not exclude damage to the lease site. If Environmental Impairment (or Seepage and Pollution) Coverage is written on a “claims made” basis, the policy must provide that any retroactive date applicable precedes the effective date of the issuance of the permit. Coverage shall apply to sudden and non-sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants. Coverage shall be a minimum combined single limit of One Million Dollars ($1,000,000.00), per occurrence. b. Automobile Liability Insurance: Minimum Combined Single Limit of Five Hundred Thousand Dollars ($500,000) per occurrence for Bodily Injury and Property Damage. Such coverage shall include owned, non-owned, and hired vehicles. c. Worker's Compensation Insurance: In addition to the minimum statutory requirements, coverage shall include Employer's Liability limits of at least One Hundred Thousand Dollars ($100,000) for each accident, One Hundred Thousand Dollars ($100,000) for each employee, and a Five Hundred Thousand Dollars ($500,000) policy limit for occupational disease, and the insurer agrees to waive rights of subrogation against the Town, its officials, agents, employees, and volunteers for any work performed for the Town by the operator. As an alternative to worker’s compensation the operator may provide the equivalent to employer’s liability insurance meeting the requirements of this section. d. Excess (or Umbrella) Liability Insurance: Minimum limit of Ten Million Dollars ($10,000,000) covering in excess of the preceding insurance policies. Chapter 13 - Zoning e. Control of Well Insurance: i. Minimum limit of Five Million Dollars ($5,000,000) per occurrence. ii. Policy shall cover the Cost of controlling a well that is out of control, Re-drilling or Restoration expenses, Seepage and Pollution Damage. Damage to Property in the Operator’s Care, Custody, and Control with a sub-limit of Five Hundred Thousand Dollars ($500,000) may be added. I. Security 1. A security instrument that covers each well must be delivered to the Town before the issuance of the Oil and Gas Well Permit for the well. The instrument must provide that it cannot be cancelled without at least thirty (30) days prior written notice to the Town and, if the instrument is a performance bond, that the bond cannot be cancelled without at least ten (10) days prior written notice for non-payment of premium. The instrument shall secure the obligations of the operator related to the well to: a. Repair damage, excluding ordinary wear and tear, if any, to public streets, including but not limited to bridges, caused by the operator or by the operator’s employees, agents, contractors, subcontractors or representatives in the performance of any activity authorized by or contemplated by the Oil and Gas Well Permit; b. Comply with the insurance and security provisions set forth in this Ordinance. c. Pay fines and penalties imposed upon the operator by the Town for any breach of the Oil and Gas Well Permit. d. The security instrument may be in the form of an irrevocable letter of credit or payment bond issued by a bank or surety approved by the Town. The instrument shall run to the Town for the benefit of the Town, shall become effective on or before the date the Oil and Gas Well Permit is issued, and shall remain in effect until the well is abandoned and the site restored. e. A certificate of deposit may be substituted for the letter of credit or payment bond. The certificate shall be issued by a bank in the Town of Trophy Club, Texas, shall be approved by the Town, shall be payable to the order of the Town to secure the obligations of the operator described above, and shall be pledged to the bank with evidence of delivery provided to the Town designee. Interest on the certificate shall be payable to the operator. f. The security instrument may be provided for individual wells or on a “blanket” basis for multiple wells. The amount of the security shall be a minimum of Fifty Thousand Dollars ($50,000) for any single well and a minimum of One Hundred Thousand Dollars ($100,000) for multiple wells on a “blanket” basis. g. In the event that the Town determines that the operator’s insurance is insufficient, the security will terminate when the Oil and Gas Well Permit is transferred, with respect to the operator-transferor and if the operator-transferee provides replacement security that complies with this section, when the well is abandoned and the site restored, and when the Town Designee and/or Town Staff consents in writing to such termination. h. An appeal of the determination of the amount of security required under this Ordinance may be made to the Planning and Zoning Commission for recommendation to the Town Council for final determination of the amount of security. Chapter 13 - Zoning J. Periodic Reports 1. The operator shall notify the Planning & Zoning Coordinator of any changes to the following information immediately, within one (1) business day after the change occurs. a. The name, address, and phone number of the operator; b. The name, address, and twenty-four (24) hour phone number of the person(s) with supervisory authority over drilling or operations activities; c. The name, address, and phone number of the person designated to receive notices from the Town, which person must be a resident of Texas that can be served in person or by registered or certified mail; and d. The operator’s Emergency Action Response Plan including “drive-to-maps” from public rights-of-way to each SUP site. e. The operator shall provide a copy of any “incident reports” or written complaints submitted to the Railroad Commission or any other state or federal agency within thirty (30) days after the operator has notice of the existence of such reports or complaints. f. Beginning on December 31st after each well is completed, and continuing on each December 31st thereafter until the operator notifies the Town that the well has been abandoned and the site restored, the operator shall prepare a written report to the Town identifying any changes to the information that was included in the application for the applicable Oil and Gas Well permit that have not been previously reported to the Town. K. Notice of Activities 1. Any person who intends to re-work a well using a drilling rig, to fracture stimulate a well after initial completion, or to conduct seismic exploration involving explosive charges shall give written notice to the Town at least ten (10) days before the activities begin. The notice shall identify where the activities will be conducted and shall describe the activities in reasonable detail, including but not limited to the duration of the activities and the time of day they will be conducted. The notice must also provide the address and twenty-four (24) hour phone number of the person conducting the activities. The person conducting the activities will post a sign on the property giving the public notice of the activities, including the name, address, and twenty-four (24) hour phone number of the person conducting the activities. If the Town determines that an inspection by the Town Designee and/or Town Staff is necessary, the operator will pay the Town’s customary charge for the inspection. L. Abandonment of Wells and Pipelines 1. Abandonment of Wells: Upon abandonment of a well or well site, within sixty (60) days, the well shall be plugged in accordance with the Texas Railroad Commission standards, the site shall be cleaned and cleared of all equipment, holes or excavations filled, and the land graded and returned to its original condition including replanting of vegetation to match the surrounding area. All well casings shall be cut and removed to a depth of at least ten feet (10’) below the surface. 2. Abandonment of Pipelines: Upon abandonment of a pipeline, within (two months) sixty (60) days of abandonment, a pipeline must be purged and plugged in accordance with the rules and regulations of the State of Texas in effect at that time. Chapter 13 - Zoning M. Amended Oil and Gas Well Permits 1. An operator must submit an application to the Planning & Zoning Coordinator to amend an existing Oil and Gas Well Permit, to commence drilling from a new drill site that is not shown on (or incorporated by reference as part of) the existing permit, to relocate a drill site or operation site that is shown on (or incorporated by reference as part of) the existing permit, or to otherwise amend the existing permit. 2. Applications for amended Oil and Gas Well Permits shall be in writing, shall be on forms provided by the Town Designee, shall be signed by the operator, and shall include the following: a. The application fee as set by Town ordinance; b. A description of the proposed amendments; c. Any changes to the information submitted with the application for the existing Oil and Gas Well Permit (if such information has not previously been provided to the Town); d. Such additional information as is reasonably required by the Town Designee or Town Staff to demonstrate compliance with the applicable Development Site Plan and applicable Specific Use Permit; and e. Such additional information as is reasonably required by the Town Designee or Town Staff to prevent imminent destruction of property or injury to persons. 3. All applications for amended Oil and Gas Well Permits shall be filed with the Planning & Zoning Coordinator. The application shall be immediately forwarded to the Town Designee for review. Incomplete applications may be returned to the applicant, in which case the Town shall provide a written explanation of the deficiencies; however, the Town may retain a processing fee as determined by the Town Designee. The Town may return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination of the operator. 4. If the activities proposed by the amendment are not materially different from the activities covered by the existing Oil and Gas Well Permit, and if the proposed activities are in conformance with the applicable Development Site Plan and applicable Specific Use Permit, then the Town Designee shall approve the amendment within ten (10) days after the application is filed. 5. If the activities proposed by the amendment are materially different from the activities covered by the existing Oil and Gas Well Permit, and if the proposed activities are in conformance with the applicable Development Site Plan and applicable Specific Use Permit, then the Town Designee shall approve the amendment within thirty (30) days after the application is filed. If, however, the activities proposed by the amendment are materially different and, in the judgment of the Town Designee, might create a risk of imminent destruction of property or injury to persons that was not associated with the activities covered by the existing permit or that was not otherwise taken into consideration by the existing permit, the Town Designee may require the amendment to be processed as a new Oil and Gas Well Permit application. 6. The failure of the Town Designee to review and issue an amended Oil and Gas Well Permit within the time limits specified above shall not cause the application for the amended permit to be deemed approved. Chapter 13 - Zoning 7. The decision of the Town Designee to deny an amendment to an Oil and Gas Well Permit shall be provided to the operator in writing within ten (10) days after the decision, including an explanation of the basis for the decision. The operator may appeal any such denial to the Town Council. N. Transfer of Oil and Gas Well Permits 1. An Oil and Gas Well Permit may be transferred by the operator with the consent of the Town if the transfer is in writing signed by both parties, and the transferee agrees to be bound by the terms and conditions of the transferred permit, if all information previously provided to the Town as part of the application for the transferred permit is updated to reflect any changes and if the transferee provides the insurance and security required by this Ordinance. The insurance and security provided by the transferor shall be released if a copy of the written transfer is provided to the Town. The transfer shall not relieve the transferor from any liability to the Town arising out of any activities conducted prior to the transfer. O. Remedies of the Town 1. If an operator (or its officers, employees, agents, contractors, subcontractors or representatives) fails to comply with any requirement of an Oil and Gas Well Permit (including any requirement incorporated by reference as part of the permit), the Town Designee and/or Town Staff shall give written notice to the operator specifying the nature of the alleged failure and giving the operator a reasonable time to cure, taking into consideration the nature and extent of the alleged failure, the extent of the efforts required to cure, and the potential impact on the health, safety, and welfare of the community. In no event, however, shall the cure period be less than thirty (30) days unless the alleged failure presents a risk of imminent destruction of property or injury to persons or unless the alleged failure involves the operator’s failure to provide periodic reports. The Fire Marshall may issue a Stop Work Order under the Fire Code. 2. If the operator does not cure the alleged failure within the time specified by the Town Designee and/or Town Staff, the Town Designee and/or Town Staff may notify the Railroad Commission and request that the Railroad Commission take appropriate action (with a copy of such notice provided to the operator), and the Town may pursue any other remedy available under this Ordinance. 3. If the operator does not cure the alleged failure within the time specified by the Town Designee and/or Town Staff, the Town Designee and/or Town Staff may recommend: a. The Town Council to suspend the Oil and Gas Well Permit until the alleged failure is cured; or, b. The Town Council to revoke the Oil and Gas Well Permit if the operator fails to initiate and diligently pursue a cure. 4. The decision of the Town Designee and/or Town Staff to recommend suspension or revocation of an Oil and Gas Well Permit shall be provided to the operator in writing at least ten (10) days before any action by the Town Council. 5. If an Oil and Gas Well Permit is revoked, the operator will be given a hearing in front of the Town Council. Chapter 13 - Zoning P. Enforcement, Right of Entry 1. The Town Designee and/or Town Staff is authorized and directed to enforce this Ordinance and the provisions of any Oil and Gas Well Permit. Whenever necessary to enforce any provision of this Ordinance or a Gas Well Permit, or whenever there is reasonable cause to believe there has been a violation of this Ordinance or an Oil and Gas Well Permit, the Town Designee, Town Staff or their designated representatives, may enter upon any property covered by this Ordinance or an Oil and Gas Well Permit at any reasonable time to inspect or perform any duty imposed by this Ordinance. If entry is refused, the Town shall have recourse to every remedy provided by law and equity to gain entry. Q. Penalty 1. It shall be unlawful and an offense for any person to do the following: a. Engage in any activity not permitted by the terms of an Oil and Gas Well Permit issued under this Ordinance; b. Fail to comply with any conditions set forth in an Oil and Gas Well Permit issued under this Ordinance; or c. Violate any provision or requirement set forth under this Ordinance. 2. Any violation of this Ordinance shall be punished by a fine of not more than Two Thousand Dollars ($2,000.00) per day, subject to applicable State law. Each day a violation occurs constitutes a separate violation. (Ord. No. 2003-11, § III, 8-4-03) Code of Ordinances Cross Reference: (Oil and Gas Well Manual), Chapter 5, § 6.01-6.03; (Oil and Gas Well Site Plan), Chapter 5, § 6.02; (Oil and Gas Well Permit Fees), Chapter 1, § 8.04 Chapter 13 - Zoning Article VI Conditional & Specific Uses Section 6.01 Conditional Use Permits A. Purpose: In each zoning district there are some uses which would be appropriate in some but not all locations within the district. Typically, these are uses that may have some special impact or uniqueness which require a careful review of their location, design, configuration and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses which may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect. In this ordinance such uses are classified as conditional uses and before they may be established, the Planning and Zoning Commission may, based upon findings of fact derived from evidence received at public hearing, recommend approval and the Town Council may, by ordinance, approve the establishment of the use. B. Authorization: The Planning and Zoning Commission may recommend, and the Town Council may authorize, the establishment of those conditional uses that are expressly authorized to be permitted as a conditional use in a particular zoning district or in one or more zoning districts. No conditional use shall be authorized unless this ordinance specifically authorizes such conditional use to be granted and unless such grant complies with all of the applicable provisions of this ordinance. C. Initiation: An application for a conditional use permit may be filed by the owner or his designated agent, or any other person having a contractual or possessory interest in the subject property. D. Application for Conditional Use Permit: An application for a conditional use permit shall be filed in duplicate with the Town Planning and Zoning Administrator, who shall forward, without delay, one copy to the Planning and Zoning Commission. The application shall include the conditional use permit fee, a site plan in accordance with the Town's zoning ordinance, and the following information, as well as such additional information as may be prescribed by rule of the Town Planning and Zoning Commission. 1. The applicant's name and address and their interest in the subject property; 2. The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application; 3. The street address and legal description of the property; 4. The zoning classification and present use of the subject property; 5. The particular provision of this ordinance authorizing the proposed conditional use; 6. A general description of the proposed conditional use; 7. An application for site plan approval, as required by the zoning ordinance; 8. A statement or diagram showing compliance with any special conditions or requirements imposed upon the particular conditional use by the applicable district regulations; 9. A statement as to why the proposed conditional use will not cause substantial injury to the Chapter 13 - Zoning value, use or enjoyment of other property in the neighborhood; 10. A statement as to how the proposed conditional use is to be designed, arranged and operated in order to ensure that development and use of neighboring property in accordance with the applicable district regulations will not be prevented or made unlikely. E. Hearing on Conditional Use Permit Application: A public hearing on the application shall be held and notice thereof given in the manner and form required for amendments as set out in Section 53, Amendments, and as provided by State law. F. Standards: As application for a conditional use permit shall be granted only if evidence is presented at the public hearing which establishes: 1. That the proposed conditional use will be consistent with the adopted policies in the Comprehensive Land Use Plan of the Town of Trophy Club; 2. That the proposed conditional use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety and general welfare; 3. That the proposed conditional use will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. In determining whether the proposed conditional use will so dominate the immediate neighborhood, consideration will be given but not limited to: a. The location, nature and height of building, structures, walls or fences on the site; and b. The nature and extent of landscaping and screening on the site; and c. Lighting, noise, and/or excessive traffic. 4. That the proposed conditional use complies with all applicable regulations of this ordinance, including lot size requirements, use limitations, and performance standards; 5. That the proposed conditional use at the specified location will contribute to or promote the welfare or convenience of the public; 6. That off-street parking and loading areas will be provided in accordance with the standards set out in Sections 7.04, Off-Street Parking Requirements and Section 7.05, Off-Street Loading Requirements, of this ordinance, and such areas will be screened from any adjoining residential uses and located so as to protect such residential uses from any injurious effect; 7. That adequate access roads or entrance and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic congestion in public streets; 8. That the proposed conditional use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services; 9. That the proposed conditional use will not result in the destruction, loss or damage of any natural, scenic or historic feature; Chapter 13 - Zoning 10. That the proposed conditional use will comply with any additional standards imposed on it by the particular provision of the ordinance authorizing such use. G. Conditions and Restrictions: In granting a conditional use, the Planning and Zoning Commission may recommend, and the Town Council may impose such conditions, safeguards and restrictions upon the premises benefited by the conditional use as may be necessary to comply with the standards set out in this Section to avoid, or minimize, or mitigate any potentially injurious effect of such conditional uses upon other property in the neighborhood, and to carry out the general purpose and intent of this ordinance. Such conditions shall be set out in the ordinance approving the conditional use permit. H. Affidavit of Compliance with Conditions: Whenever any conditional use permit authorized pursuant to this Section is made subject to conditions to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Town Secretary so stating. I. Effect of Issuance of a Permit for a Conditional Use: The issuance of a permit for a conditional use shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals which may be required by the codes and ordinances of the Town, including, but not limited to, a building permit, a certificate of occupancy and subdivision approval. J. Period of Validity: A conditional use permit shall expire one (1) year after the date of issuance if the permit holder has failed to either: 1. Obtain a building permit and begin the erection or alteration of the structure for which the permit was issued; or 2. Obtain an occupancy permit for the structure and commence a use. Upon written application, the Town Council may grant one (1) additional extension for a period not to exceed one (1) year. The written application shall contain a detailed statement explaining all reasons that the requested extension has become necessary. Town Council may grant such extension without requiring the applicant to comply with the notice and hearing provisions of this ordinance. If any additional extensions are requested, the notice and hearing provisions of this ordinance governing the issuance of a conditional use permit shall be required. (Ord No. 98-29, § XLIV, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XLIV, 3-21-00, Repealed by Ord. No. 2001-08 P&Z, for “Period of Validity” only, § III, 4-16-01) Chapter 13 - Zoning Section 6.02 Specific Use Permit A. Purpose: The Specific Use Permit procedure is designed to provide the Planning & Zoning Commission and the Town Council with an opportunity for discretionary review of requests to establish or construct uses or structures which may be necessary or desirable for, or which have the potential for a deleterious impact upon the health, safety and welfare of the public, for the purpose of determining whether the proposed location of the use or structure is appropriate and whether it will be designed and located so as to provide, minimize or mitigate any potentially adverse effects upon the community or the other properties in its vicinity. The discretionary Specific Use Permit procedure is designed to enable the Planning & Zoning Commission and the Town Council to impose conditions upon such uses and structures that are designed to avoid, minimize or mitigate potentially adverse effects upon the community or other properties in the vicinity of the proposed use or structure, and to deny requests for Specific Use Permits when it is apparent that a proposed use or structure will or may occasionally harm the community or cause substantial injury to the value, lawful use, and reasonable enjoyment of other properties in the vicinity of the proposed use or structure. B. Authorized Specific Uses: The following uses and structures may be established or constructed only upon the issuance of a Specific Use Permit in accordance with the provisions of this Ordinance. 1. Gas and oil well drilling and production. 2. Children’s Day Care Center, unless otherwise specifically allowed. C. Application: An application for Specific Use Permit may be filed by the owner of, or other person having a contractual or possessory interest in, the subject property. Any application filed by a person who is not the owner of the property for which the Specific Use Permit is sought shall be accompanied by evidence of the consent of the owner. D. Permit Application: An application for a Specific Use Permit, along with the permit fee, shall be filed with the Planning & Zoning Coordinator, who shall forward a copy to the Planning & Zoning Commission. The application shall contain the following information: 1. Applicant’s name, address, phone number and their interest in the subject property. 2. Owner’s name, address and phone number, if different from the applicant, as well as the owner’s signed consent to the filing of the application. 3. Zoning classification and present use of the subject property. 4. A description of the proposed Specific Use. 5. An application for site plan approval, which shall be in accordance with Section 41, Site Plan Requirements. 6. A detailed explanation of why the proposed use will not cause substantial injury to the value, use or enjoyment of the property in the neighborhood. 7. A statement as to how the proposed Specific Use is to be designed, arranged and operated in order to ensure that development and use of neighboring property in accordance with the applicable district regulations will not be prevented or made unlikely, and that the value, use and reasonable enjoyment of such property will not be prevented or made unlikely, and that Chapter 13 - Zoning the value, use and reasonable enjoyment of such property will not be impaired or adversely affected. 8. An identification of any potentially adverse effects that may be associated with the proposed Specific Use, and of the means proposed by the applicant to avoid, minimize or mitigate such effects. 9. Such additional terms and conditions including design standards as the Planning and Zoning Commission and the Town Council deem necessary to preserve the value and character of the affected property and neighboring properties. E. Consideration Of Specific Use Permit Application: In considering an application for a Specific Use Permit, the Planning & Zoning Commission and the Town Council shall take into consideration the following factors: 1. Whether the proposed Site Plan will adequately provide for safety from fire hazards and have effective measures of fire control. 2. Whether the proposed Site Plan provides adequate drainage. 3. Whether the proposed Specific Use will have noise producing elements that are not sufficiently controlled. 4. Whether the glare of vehicular and stationary lights is compatible with the established character of surrounding land uses. 5. Whether the location, lighting and type of signs and the relationship of signs to traffic control is appropriate for the site. 6. Whether such signs will have an adverse effect on adjacent properties. 7. Whether the proposed Specific Use will adversely affect the public at the site and the area immediately surrounding the Specific Use. 8. Whether the proposed use will have any substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public, health, safety and general welfare. 9. Whether the proposed use will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. In determining whether the proposed Specific Use will so dominate the immediate neighborhood, consideration shall be given to: a. The location, nature and height of buildings, structures, walls and fences on the site, and b. The nature and extent of landscaping and screening on the site. 10. Whether the proposed use otherwise complies with all applicable regulations of this ordinance, including lot size requirements, bulk regulations, use limitations and performance standards. 11. Whether the proposed use at the specified location will contribute to or promote the welfare or convenience of the public. 12. Whether off-street parking and loading areas will be provided in accordance with the Chapter 13 - Zoning standards set out in Section 47, Off-Street Parking Requirements, and Section7.05, Off-Street Loading Requirements, and such additional areas will be screened from any adjoining residential uses and located so as to protect such residential uses from any injurious effect. 13. Whether adequate access roads or entrance and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic congestion in public streets and alleys. 14. Whether the proposed use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services. 15. Whether the proposed use will result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance. G. Conditions And Restrictions: In considering a Specific Use Permit application, The Planning & Zoning Commission may recommend, and the Town Council may impose, such conditions, safeguards and restrictions upon the premises benefited by the Specific Use as may be necessary to avoid, minimize, or mitigate any potentially injurious effect of such Specific Use upon other property in the neighborhood, and to carry out the general purpose and intent of this Ordinance. Such conditions shall be set out in the Ordinance approving the Specific Use permit. H. Affidavit of Compliance With Conditions: Whenever any Specific Use Permit authorized pursuant to this Section is made subject to conditions to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Planning & Zoning Coordinator so stating. I. Effect of Issuance Of A Permit For A Specific Use: The issuance of a permit for a Specific Use shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals which may be required by the codes and Ordinances of the Town, including but not limited to, a building permit, a certificate of occupancy and subdivision approval. J. Period of Validity: Specific Use Permits are conditional zone changes granted by amendment to the Comprehensive Zoning Ordinance. In the event that the use granted by the Specific Use Permit lapses for a period of six (6) months or more, the permit shall become void. The applicant may choose to reinitiate the Specific Use Permit approval procedure, including all fees required in the process. (Ord. No. 2000-06 P&Z § XLIV, 3-21-00, Amended by Ord. 2003-10 P&Z, § III, 8-4-03) Chapter 13 - Zoning Article VII Development & Design Standards Section 7.01 Fencing, Retaining Walls & Screening A. Purpose: In order to encourage the most appropriate use of land and to conserve and protect the privacy and value of adjacent permitted uses, regulations are prescribed herein for the location and type of various screening devices and retaining walls to be used when required or allowed in the various zoning districts or in this Section in accordance with the following standards. No fence shall be constructed in violation of any of the regulations contained herein. B. Fences: 1. Permit Requirement: It shall be unlawful for any person, corporation, partnership or other legal entity to place, construct or have constructed any type of new fence without having first secured a permit for the placement or construction of the same from the Town’s Permitting Department. Each permit shall be valid for a period of ninety (90) days from the date of issuance, during which time the construction must be completed and final inspection requested. This ninety (90) day time limitation shall not apply to fence permits applied for by homebuilders at the same time they apply for a residential building permit. Fence permits applied for in conjunction with residential building permits shall be valid until the house has passed it’s final inspection by the Building Official or his designated representative. a. Maintenance/Replacement: A permit shall be required for the maintenance of at least thirty percent (30%) of a fence fronting or facing any right-of-way or roadway. A permit shall not be required for the maintenance of a fence which does not front or face any right-of-way or roadway. Additionally, fences shall be maintained according to the requirements set forth in Section L - Maintenance & Repair of Non-Living Materials, of this Ordinance. 2. Height Requirements: The height of the fence shall be taken from the inside of the fence on the property on which it is installed and shall be measured from the natural grade of the ground to the top of the fence if there is no retaining wall. In the event that a retaining wall is utilized, the fence shall be measured from the upper most surface of the retaining wall. a. Front, Side & Rear Yards: Eight feet (8’) is the maximum height allowed for front, side and rear yard fences, except as otherwise provided in Section C - Location, (4)(a) and (5)(a), of this Ordinance. C. Location: No fence shall be constructed in a manner that obstructs proper visual clearance for vehicular traffic. 1. Front Elevation: All fences shall be located a minimum of ten feet (10’) behind the front elevation of the primary structure. 2. Side Yard Adjacent to Side Street: Side yard fences shall be located within the side yard building setback, and shall not extend beyond the building line of the side yard adjacent to a side street. 3. Parallel Fences: Fences shall not be constructed parallel to and within twenty feet (20’) from an existing fence, except where the following conditions exist. A fence: a. Surrounding a transformer; Chapter 13 - Zoning b. Providing a barrier for pools and spas as required by applicable law; c. That shares a common post with an existing fence; 4. Golf Course Lots: a. All fences on lots facing or abutting a golf course shall be constructed of ornamental metal and shall be a minimum of four feet (4’) and a maximum of six feet (6’) in height 5. Public Park Lots: a. All fences on lots facing or abutting a public park or other land designated for public recreational purposes shall be constructed of ornamental metal and shall be a minimum of four feet (4’) and a maximum of six feet (6’) in height. 6. Perimeter Fencing: Perimeter fencing along the official Town boundary line shall be allowed according to the following requirements: a. A decorative masonry wall shall be constructed on property lying along the perimeter boundary of the Town in conjunction with development of that property, unless otherwise provided in this ordinance. b. The extent to which fencing or walls are constructed shall be determined by the Planning and Zoning Commission upon consideration of a Site Plan submitted as part of a zoning request and upon the submission of appropriate documentation material. c. The owner, subdivider or developer of a tract of land to which this Section applies shall have the sole responsibility to build, erect or place a continuous wall or fence at least eight feet (8’) in height along the perimeter of the boundary of the subdivision or the perimeter of the corporate boundary of the Town. Such fence or wall shall be erected simultaneously with the commencement of construction of any street improvements within the subdivision, at the commencement of any other construction, or upon the development of any kind upon such tract of land. This provision applied where a tract of land has been platted or is owned under single ownership or under single control, and where such tract of land touches any part of the perimeter or corporate limits of the Town. d. Construction material for the extension and design of perimeter fences shall be subject to the approval of the Town Council, upon recommendation by the Planning and Zoning Commission as part of a Site Plan submitted as part of a zoning request and upon the submission of appropriate documentation. i. Maintenance: Following the installation and final acceptance of a Town boundary or subdivision perimeter fence installed by the owner, subdivider or developer of a tract of land, the property owner shall have the sole responsibility of maintaining such fence. Perimeter fences shall be maintained according to the requirements set forth in Section L - Maintenance & Repair of Non-Living Materials, of this Ordinance. D. Materials: 1. Acceptable Materials: a. Brick, stone, wrought iron or wood are allowed in accordance with the requirements of the applicable zoning district. Chapter 13 - Zoning b. Architectural-grade metal, decorative pre-cast embossed concrete, concrete masonry unit with decorative facing, colored and embossed poured-in-place concrete, a combination thereof, vinyl or similar materials shall be submitted for consideration to the Planning & Zoning Coordinator or their designee prior to fence permit approval. i. Prior to the approval of items listed in D(1)(b) above, detailed plans indicated the height, width, and design shall be submitted for review and approval. Additional information shall be provided to substantiate compliance if requested. 2. Prohibited Materials: Unless specifically provided in D(1)(a)&(b) above, all other materials shall be prohibited. E. General Construction Requirements: All requirements of the International Residential Code, and all amendments thereto, adopted by the Town shall be applicable to the construction of a fence and are hereby incorporated herein and made a part of this Ordinance. 1. A fence shall not be constructed in a manner which alters the natural drainage or existing planned drainage of the land or the surrounding land upon which it is constructed. 2. In order to allow for entrance and exit of fire and police department personnel, each fence must contain at least one (1) gate not less than three feet (3’) wide. 3. Fences constructed, repaired or maintained on street rights-of-way and property lines in all subdivisions shall have the finished side of the fence facing the street. Fences on interior lot lines that are not facing street rights-of-way shall be constructed with the finished side faced according to the discretion of the property owner constructing the fence. F. Construction Requirements for Pre-cast Concrete Fences: All Pre-cast concrete fences shall be designed by a professional engineer licensed by the State of Texas. G. Animal Runs: A permit is required for the construction of an outdoor animal run for the containment of a dog or other animal authorized in the Town’s Animal Control Ordinance. Such outdoor animal run shall be for the sole purpose of containing an authorized animal. 1. Construction Requirements: a. The animal run shall be fully contained within an opaque privacy fence; b. The animal run shall be constructed only of: i. Top-rail galvanized chain link fencing with a gauge of 11½, 12½ or 14 inches and posts, or ii. Ornamental iron. c. The animal run shall not: i. Have metal or fiberglass roofing; ii. Exceed eight feet (8’) or the height of the perimeter fence; iii. Shall not be visible from any public right-of-way. d. Maintenance: Animal runs shall be maintained according to the requirements set forth in Section L - Maintenance & Repair of Non-Living Materials, of this Ordinance. Chapter 13 - Zoning H. Retaining Walls: A retaining wall permit shall be required for any such wall four feet (4’) or higher, or for any such retaining wall height as required by the most recent adopted version of the International Building Code, whichever is more restrictive. 1. Permit Requirements: Permit applications for retaining walls must be accompanied by a site plan indicating the following: a. The location of all existing and planned structures on the subject property and the approximate locations of all structures on adjoining property within one hundred feet (100’); and b. Height of all structures; and c. The location of all existing building lines, easements, watercourses, etc.; and d. Additional information as required by the Building Official. 2. Height Requirement: For the purpose of this Ordinance, the height of a retaining wall shall be determined by measuring the bottom of the footing to the top of the wall. a. Any retaining wall exceeding four feet (4’) in height must be a structurally engineered wall. Only the seal of a professional engineer licensed by the State of Texas will be accepted. b. Retaining walls below four feet (4’) in height, as measured by the requirements of this Ordinance shall not require a permit, unless the retaining wall is located within a drainage easement, floodplain, floodway or other watercourses. In such case, the permit requirements of this Section H shall apply. 3. Location: Retaining walls located along public roadways must provide sufficient area between the retaining wall and the roadway for landscaping to be provided between the retaining wall and the roadway and must be in compliance with the Town’s Sight- Visibility requirements, located in the Appendix of the Zoning Ordinance. 4. Materials: a. Acceptable Materials: Concrete, pavestone, stone, or brick materials shall be allowed for the construction of retaining walls. Other materials similar to the foregoing, including some types of man-made materials may be allowed if such materials are suitable to maintain appearance, soundness, safety, and resistance to decay or weather. Such materials shall be approved the Planning & Zoning Coordinator or their designee prior to permit approval. All retaining walls constructed of formed concrete, concrete block, cinder block or similar materials shall have facing added to their exposed surface(s). b. Prohibited Materials: The use of treated railroad type cross-tie material, wood of shape and dimension resembling railroad cross-ties or landscape timbers is prohibited for new construction and is also prohibited for replacement work if more than thirty percent (30%) of an existing retaining wall must be replaced or is being replaced. 5. Maintenance: Retaining Walls must be maintained in their original design, placement and structural integrity. 6. Survey Required: Following the issuance of any permit by the Town for retaining walls a minimum of four feet in height (4’), and prior to the inspection by the Town of such retaining wall, the applicant shall submit to the Town a Forms Survey as approved by the Building Official. Such survey shall be prepared by a registered and licensed professional surveyor, Chapter 13 - Zoning and shall: a. Locate all easements, including underground easements, roads, streets, alleys, and other right-of-ways or watercourses, and building set-back lines and other matters located on or affecting the property; and b. Show all proposed and existing improvements (such as buildings, power lines, fences, etc.), and c. Show any portion of the property within any floodplain, floodway or other watercourses. I. Inspection: During construction and/or installation of a fence, retaining wall or outdoor animal run for which a permit is required, the property owner shall contact the Permitting Department to request all required inspections. Failure to request any required inspection shall be a violation of this Ordinance. The Building Official shall “pass” the inspection if the structure meets with the requirements of the Ordinance, or “fail” the inspection for defects in construction, materials or procedure. The property owner shall remedy all defects specified in the failure notice and call for a re-inspection, prior to the expiration of the permit. J. Screening Standards: Fences, walls and dense landscaped hedges or plantings are permitted in any zoning district as a screening element; however, such screening elements shall conform to the restrictions set forth herein. The following screening standards shall be compiled with: K. Non- Living Screening: 1. Non- living screening, as herein referred, shall mean any material constructed of masonry, or of a concrete or metal frame, or wood base which supports a permanent type material, the vertical surface of which is not more than thirty percent (30%) open; or 2. A solid fence. 3. Where a non-residential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be solidly fenced to a height of eight feet (8’) with a wall of masonry construction, unless other material has been approved by the Town Council upon recommendation of the Planning and Zoning Commission, so as to obscure the view from the residential lot, use or district to the non-residential use. The developer of the non-residential property shall erect the fence or wall required by this Section. Where the district boundary dividing a residential district from a non-residential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the non-residential use, the said parking lot or parking area facing the residential lot, use or district shall be suitably screened with a wall of masonry construction, unless other material has been approved by the Town Council upon recommendation of the Planning and Zoning Commission, to a height of not less than four feet (4’). 4. In non-residential areas, garbage, refuse and trash collection/storage areas shall be gated and fully screened from public view by a masonry fence or wall of at least eight feet (8’) in height. 5. Off-street loading areas shall be adequately screened from the public view of any residential dwelling and from any other adjacent land use, as indicated in Section 50 - Parking and Loading Area Development Standards for Non-Residential Uses, item D. 6. In all districts exterior appliances and equipment shall be screened so as not to be visible from any street. All utility and mechanical equipment shall be screened with a masonry fence or wall, unless other material has been approved by the Planning & Zoning Coordinator. Chapter 13 - Zoning L. Maintenance and Repair of Non-Living Material: All required screening materials shall be maintained and repaired in a neat and orderly manner at all times. Screening areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the screening or landscaping. Fences, walls and animal runs must be maintained in their original design and placement. The maintenance and repair of any fences, wall or animal runs shall be constructed of the same materials as the existing fence, wall or animal run. M. Living Screening: 1. Any dense evergreen hedge or plant material suitable for providing an opaque visual barrier, for which such material shall be maintained in a healthy growing condition. 2. On lots abutting a golf course or public parks in residentially zoned area, dense evergreen hedges or plant material screening along the golf course or park shall be limited to a maximum height of six feet (6’) and shall meet all other requirements of this Ordinance. 3. No screening element shall be constructed, erected, placed, planted or maintained in such position or location so as to be dangerous or detrimental to the health or safety of persons, or in any way obstruct the view so as to constitute a traffic hazard to or on any public or private street or driveway. Provided, however, that the natural existing terrain which cannot be removed by reasonable landscaping techniques, including retaining walls constructed below or at the same grade of said natural existing terrain, shall be excluded from the objects otherwise prohibited. 4. Landscaped earth berms may, when appropriate in scale, be used as a screening element in conjunction with a fence, wall, hedge or other dense planting material. 5. Fences, Walls, Hedges: Except as otherwise restricted by the provisions of this Ordinance, fences, walls, and hedges may be permitted in any required rear or side yard, or along the edge of any such yard as a screening, decorative or containment element, and shall not exceed a maximum of eight feet (8’) in height, and the following requirements shall also apply be observed: a. Nothing shall be erected placed, planted or maintained on a corner lot or parkway adjacent thereto so as to interfere with the visual line of sight at an elevation between two and one-half feet (2-1/2') and eight feet (8') above the top of the adjacent street curb, or if there is no curb then from the average street grade, within a triangular area formed by the intersection of the adjacent street right-of-way lines and a line formed by connecting a point thirty-five feet (35’) from the street intersection on one street right- of-way line with a corresponding point on he other street right-of-way line. Any object so erected, placed, planted or maintained shall be a prima facie evidence that said object, or combination of objects, is an obstruction constituting a traffic hazard. b. On an interior lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision or in any way create a traffic hazard to motorists, whether the impediment includes entering or exiting any public highway, street, alley or private street or highway, driveway from or to adjacent private property. c. Any object or combination of objects placed, planted or maintained in violation of this Ordinance shall be removed upon written notice by certified mail from the Town’s Planning and Zoning Coordinator, or their representative, to the owner, agent or occupant of the premises or property where such obstruction has been erected, placed, planted or maintained. d. Railroad cross-ties and landscape timber shall not be allowed as construction material. Chapter 13 - Zoning N. Maintenance of Living Material: All screening materials shall be maintained and repaired in a neat and orderly manner at all times. This shall include, but not be limited to pruning, fertilizing, watering, mowing, weeding, and other such activities common to the maintenance of landscaping. Appropriate facilities for watering any plant material shall be installed at time of planting. Screening areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the screening or landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. All plant material which dies shall be replaced with plant material of similar variety and size. O. Additional Screening, Fencing, Landscaping: The Planning and Zoning Commission may recommend and the Town Council may require screening, fencing and landscaping requirements on any zoning case in addition to or in lieu of screening or fencing requirements set out specifically in each use district when the nature and character of surrounding or adjacent property dictates a need to require such devices in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general. P. Special Exception: The Zoning Board of Adjustment shall have the power to grant a Special Exception waiving or modifying these regulations where the literal enforcement of this Ordinance would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and would be in accordance with the spirit of this Ordinance. A public hearing is not required for Zoning Board of Adjustment consideration of a Special Exception under this Section. 1. For the purpose of this Ordinance, the following are established as general conditions, ALL of which are to be met upon the granting of any special exception. a. No diminution in value of surrounding properties would be suffered; and b. Granting the permit would be of benefit to the public interest or surrounding properties; and c. Denial of the permit would result in unnecessary hardship to the owner seeking it; and d. A zoning restriction as applied to the owner’s property interferes with the reasonable use of the property, considering the unique setting of the property in its environment; and e. By granting the permit, substantial justice would be done; and f. The use must not be contrary to the spirit of the Ordinance. 2. The burden of demonstrating that all general conditions have been met and that a Special Exception is appropriate is upon the person requesting the Special Exception. The Zoning Board of Adjustment may require a person requesting a Special Exception to provide proof as the Board determines necessary and appropriate for the Board to evaluate the application for Special Exception. (Ord. No. 2000-06 P&Z § XLV, 3-21-00, Amended by Ord. 2005-16 P&Z, § II, 7-18-05) Code of Ordinances Cross Reference: (Fence Permit Fee), Chapter 1, § 8.03; (Animal Run Permit Fee), Chapter 1, § 8.03; (Authorized Animals), Chapter 2, Article I; (Retaining Wall Permit Fee), Chapter 1, § 8.03; (Pool Screening) Chapter 3, § 15.04; (Shrubs, Hedges, Live Screening), Chapter 13, § 7.03; Chapter 13 - Zoning Section 7.02 Deleted in Revision Chapter 13 - Zoning Section 7.03 Landscaping Regulations A. Purpose: It is the purpose of this Section to establish certain regulations pertaining to landscaping within the Town. These regulations provide standards and criteria for new landscaping which are intended to promote the value of property, enhance the welfare, and improve the physical appearance of the Town. B. Scope: The standards and criteria contained within this Section are deemed to be minimum standards and shall apply to all new construction occurring within the Town. C. Enforcement: The provisions of this Section shall be administered and enforced by the Building Official or their designee. If, at any time after the issuance of a Certificate of Occupancy or Building Permit, which ever is applicable, landscaping is found to be non-conforming to the standards and criteria of this Section, the Building Official shall issue notice to the owner, citing tenant, or agent shall have thirty (30) days from the date of said notice to restore the landscaping required. If the landscaping is not restored within the allotted time, such person shall be deemed to be in violation of this ordinance. D. General Standards: The following criteria and standards shall apply to landscape materials and installation: 1. Quality: Plant materials used in conformance with the provisions of this ordinance shall conform to the standard of the American Standard for Nursery Stock, or equal thereto. Grass seed, sod and other material shall be clean and reasonable free of weeds and noxious pests and insects. 2. Trees: Trees referred to in this Section shall comply with all applicable regulations and requirements of Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended. If any of the requirements of Article VIII regulating trees conflict with the requirements contained herein regulating trees, the requirements of Article VIII of the Subdivision Regulations shall control. 3. Shrubs and Hedges: Shrubs shall be a minimum of two feet in height when measured immediately after planting. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen which will be three (3) feet high within one year after time of planting. 4. Vines: Vines shall be a minimum of two feet immediately after planting and may be used in conjunction with fences, screens or walls to meet screening requirements as specified. 5. Ground Cover: Ground covers used in lieu of grass in whole and in part shall be of live material and shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year of planting. 6. Lawn Grass: Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales, berms or other areas subject to erosion. 7. Credit for Existing Trees: Any trees preserved on a site meeting the specifications herein shall be credited toward meeting the tree requirement of any landscaping provision of this Section. Trees of exceptional quality due to size, large canopy cover, trunk diameter, rareness, age or species may, at the discretion of the Planning and Zoning Commission, be credited as two Chapter 13 - Zoning trees for the herein minimum requirements. 8. Railroad Ties: The use of railroad ties for use as landscaping material shall be prohibited. E. Maintenance: The Owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds and other such material or plants not a part of the landscaping. All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials which die shall be replaced with similar plant material. F. Sight Distance and Visibility: Rigid compliance with thee landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an access-way intersects a public right-of-way or when the subject property abuts the intersection of two or more public right-of-ways, a triangular visibility area shall be created. In the event other visibility obstructions are apparent in the proposed Landscape Plan, as determined by the Building Official, the requirements set forth herein may be reduced to the extent required to remove the conflict. G. Requirements for Residential Districts: In addition to the above listed requirements, all areas within the Town which are zoned for residential use, by either "straight zoned" districts or by Planned Developments, shall have the following requirements. 1. Each residential lot shall have a minimum of twelve (12) caliper inches of trees located in the front yard prior to issuance of a certificate of occupancy. The twelve (12) caliper inches may be distributed among any number of trees desired by the homeowner but shall not include any tree less than three (3) caliper inches. Caliper inches shall be measured twelve (12) inches above final grade adjacent to the trunk of he tree. 2. Approved Landscape Plan Prerequisite: No permit shall be issued for building or construction on any residential lot or tract until a Landscape Plan has been submitted and approved by the Town Planning and Zoning Administrator. 3. Landscape Plans: Prior to the issuance of a building, paving, grading or construction permit for any residential use, a Landscape Plan shall be submitted to the Town Planning and Zoning Administrator. The Administrator shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in accord, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance. The Landscape Plan may be revised by the owner at anytime the plan varies substantially from what was originally approved. Such revision should be submitted to the Town Planning and Zoning Administrator for approval. Planting of the landscaping may be postponed for one year following completion of construction if the building party represents a builder and is not intended to reside at that location. In such cases, the permanent resident/owner may revise any landscape plan which has been previously submitted by a builder and approved by the Town, and must complete the planting of either the previously approved or revised landscaping within a twelve (12) month period. 4. Content of the Landscape Plan: The owner/builder shall provide a drawing illustrating the Chapter 13 - Zoning entire landscape plan for the property. The Landscape Plan shall contain, at minimum, the information contained hereinbelow. Caliper inches shall be measured twelve inches (12”) above final grade adjacent to the trunk of the tree: a. It is not necessary that the landscape plan be drawn to scale; however, it is to be drawn such that the physical relationship of property, structures, and landscaping are easily discernible. All applicable requirements relative to trees as specified in Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended, shall be met by the builder/owner. b. A tree survey meeting the requirements of Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended, shall be provided. Such survey shall show the location of all trees to be preserved, relocated, replanted and/or removed. c. The location of all plants and landscaping material to be added, including but not limited to, plants, paving, benches, screens, fountains, statues or other landscape features shall be shown on the landscape plan. All trees for which a removal or replanting permit is required shall be identified as required by Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended. d. Species of all plant material to be used shall be identified on the landscape plan; provided however, that as required by Article VIII of the Subdivision Regulations of the Town of Trophy Club, and all amendments thereto, trees shall be of a species required by such Article VIII. e. Size of all plant material to be used shall be identified on the landscape plan. As required by Article VIII of the Subdivision Regulations of the Town of Trophy Club, and all amendments thereto, all trees shall meet the sizing requirements specified in such Article VIII. f. Spacing of plant material shall be identified on the landscape plan. As required by Article VIII of the Subdivision Regulations of the Town of Trophy Club, and all amendments thereto, trees shall meet the spacing requirements set forth in such Article VIII. g. Layout and description of irrigation, sprinkler or water systems, including placement of water sources, shall be identified on the landscape plan. h. In addition to meeting the requirements of this Section, the owner/builder shall comply with all applicable requirements of Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended. Where any of the provisions of this Section conflict with Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended, the requirements of Article VIII shall control as applicable. H. Requirements for Non-Residential Districts and Uses: The following requirements shall be additional requirements for landscaping located in all districts not specifically zoned for residential use, by either “straight zoned” districts or by Planned Unit Developments. 1. Permits: No permits shall be issued for building, paving, grading, or construction until a Landscape Plan is submitted and approved by the Planning and Zoning Commission. In the event that the proposed development required an approved subdivision plat or site plan, no such final approval shall be granted unless a Landscape Plan is submitted and approved. In any case in which a Certificate of Occupancy is sought at a season of the year in which the Planning and Zoning Commission determines that it would be impractical to plant trees, Chapter 13 - Zoning shrubs, or grass, or to lay turf, a Certificate of Occupancy may be issued notwithstanding the fact that the landscaping required by the Landscape Plan has not been completed. Provided, however, that the required landscaping shall be installed within twelve (12) months of the issuance of the Certificate of Occupancy. 2. Landscape Plans: Prior to the issuance of a building, paving, grading, or construction permit, a Landscape Plan shall be submitted to the Town Planning and Zoning Commission. The Commission shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in accord, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance. 3. Content of Landscape Plans: Landscaping Plans shall be prepared by a landscape architect, landscape contractor, or landscape designer knowledgeable in plants, materials, and landscape design. Landscape Plans shall contain the following information: a. Minimum scale of one inch equals fifty feet (50’); b. Location of all trees to be preserved; c. Location of all plants and landscaping material to be used, including plants, paving, benches, screens, fountains, statues, or other landscape features; d. Species of all plant material to be used; e. Size of all plant material to be used; f. Spacing of plant material where appropriate; g. Layout and description of irrigation, sprinkler, or water systems, including placement of water sources; h. Description of maintenance provisions for the Landscape Plan; i. Person(s) responsible for the preparation of the Landscape Plan. j. If a tree removal permit and/or a tree replanting permit is required by Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended, the owner/builder shall comply with the requirements of Article VIII prior to the issuance of a tree removal permit. k. A tree survey shall be provided as required by Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended. l. In addition to meeting the requirements of this Section, the owner/builder shall comply with all applicable requirements of Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended. Where any of the provisions of this Section conflict with Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended, the requirements of Article VIII shall control.” 4. Minimum Requirements for Off-Street Parking and Vehicular Use Areas: Parking lots, vehicular use areas and parked vehicles are to be effectively screened, from the public view and adjacent property. Both the interior and perimeter of such areas shall be landscaped in accordance with the following criteria. Areas used for parking or vehicular storage which are under, on or within buildings are exempt from these standards. Chapter 13 - Zoning a. Interior Landscaping: A minimum of ten (10) percent of the gross parking areas shall be devoted to living landscaping which includes grass, ground cover, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and/or driveway paving and sidewalks. The following additional criteria shall apply to the interior of parking lots: i. Interior landscape areas shall be protected from vehicular encroachment of overhang through appropriate wheel stops or curbs. ii. There shall be a minimum of one (1) tree planted for each four hundred (400) square feet or fraction thereof of required interior landscape area. iii. Interior areas of parking lots shall contain planter islands located so as to best relieve the expanse of paving. Planter islands must be located no further apart than every twelve (12) parking spaces and at the terminus of all rows of parking. Such islands shall contain at least one (1) tree. The remainder shall be landscaped with shrubs, lawn, ground cover and other appropriate material not to exceed three feet (3’) in height. Interior planter islands shall have a minimum size of ten feet (10’) by twenty feet (20’). iv. The Planning and Zoning Commission may approve planter islands required by this Section to be located further apart than twelve (12) parking spaces in order to preserve existing trees in interior parking areas. Off-street parking and drive areas located within the drip line of a tree shall be paved with permeable material approved by the Commission when the drip line of an existing tree is larger than planter islands required by this Section. b. Perimeter Landscaping: All parking lots and vehicular use areas shall be screened from all abutting properties and/or public right-of-ways with a wall, fence, hedge, berm or other durable landscape barrier. Any living barrier shall be established in a two feet (2’) minimum width planting strip. Plants and materials used in living barriers shall be at least thirty inches (30”) high at the time of planting and shall be of a type and species that will attain a minimum height of three feet (3’) one year after planting. Any landscape barrier not containing live plants or trees shall be a minimum of three feet (3’) high at time of installation. Perimeter landscaping shall be designed to screen off-street parking lots and other vehicular use areas from public right-of-ways and adjacent properties. i. Whenever an off-street parking or vehicular use area abuts a public right-of-way, a perimeter landscape area of at least fifteen feet (15’) in depth shall be maintained between the abutting right-of-way and the off-street parking or vehicular use area. An appropriate landscape screen or barrier shall be installed in this area and the remaining area shall be landscaped with at least grass or other ground cover. Necessary access-ways from the public right-of-way shall be permitted through all such landscaping. The maximum width for access-ways shall be: fifty feet (50’) for non-residential two way movements; thirty feet (30’) for residential two way movements; twenty feet (20’) for non-residential one way movements; and fifteen (15’) feet for residential one way movements. ii. Whenever an off-street parking or vehicular use area abuts an adjacent property line a perimeter landscape area of at least ten feet (10’) in width shall be maintained between the edge of the parking area and the adjacent property line. Landscaping will be designed to visually screen the parking area. Whenever such Chapter 13 - Zoning property is zoned or used for residential purposes, the landscape buffer shall include a wall, fence, hedge, or berm not greater than eight feet (8’) in height nor less than four feet (4’) in height. iii. Perimeter landscape areas shall contain at least one tree for each thirty (30) lineal feet or fraction thereof of perimeter area and shall be three feet (3’) high within one year after time of planting. 5. Landscaping Requirements for Non-vehicular Open Space: In addition to the landscaping of off-street parking and vehicular use areas, all remaining open spaces on any developed lot or parcel shall conform to the following minimum requirements: a. Grass, ground cover, shrubs and other landscape material shall be used to cover all open ground within twenty feet (20’) of any building or paving or other use such as storage. b. All structures shall be treated with landscaping so as to enhance the appearance of the structure and to screen any detractive or unsightly appearance. c. Landscaping shall be provided on each developed lot in accordance with the following standards: i. In all residential zoning districts, a minimum of fifteen percent (15%) of the landscaping shall be located in the required front yard. ii. In all non-residential zoning districts, a minimum of fifteen percent (15%)of the total site area shall be devoted to feature landscaping with not less than fifty (50%) percent of the landscaping being located in the required front yard. d. Trees shall be planted in non-vehicular open space to meet the following requirements. Existing trees that are preserved on a developed site may be credited to the following requirements: Percentage of Site in Non-Vehicular Open Spaces Tree Ration Per Non-Vehicular Open Space Less than 30 6 trees/2,500 sq. ft. 30-49 7 trees/3,000 sq. ft. Over 50 9 trees/4,000 sq. ft. I. Applicability - Relief From Landscaping Requirements: Relief from landscaping requirements may be considered in situations where the individual characteristics of or circumstances associated with a particular location limit the applicant’s ability to comply with the landscaping requirements of this Ordinance, such as the presence of existing facilities and unusual topography. An applicant seeking such relief shall submit an application specifically identifying the justification for the requested relief and comply with the following procedure: 1. An Applicant shall submit an alternate landscape plan to the Planning & Zoning Administrator. In addition to complying with all requirements of Section 7.03 of the CZO regarding the contents of landscape plans, such alternate plan shall identify the specific provisions of Section 7.03 from which relief is sought and shall include a detailed written justification for the requested relief, specifically identifying reasons why he or she is unable to comply with existing landscape requirements. Chapter 13 - Zoning 2. Such landscape plan shall illustrate in detail the applicant’s proposed alternate plan to landscape, including but not limited to identifying the amount, type and placement of plant materials, the proposed plan for irrigation, and a phasing schedule for completing the plan when applicable. 3. The landscape plan may be submitted either with a Site Plan or may be submitted separately. 4. Upon receipt of a completed application, the P&Z Administrator shall forward such application to the Planning and Zoning Commission for review and recommendation to the Town Council. Code of Ordinances Cross Reference: (Shrubs, Hedges, Live Screening), Chapter 13, § 7.01; (Sight Distance Visibility), Chapter 13, § 9.10; (Trees), Chapter 12, § 8.01, 8.3, 8.5-8.11 (Ord. No. 2000-06 P&Z § XLVII, 3-21-00, Amended by Ord. No. 2001-29 P&Z, § IV - D(2), “Trees”; G(4), “Content of Landscape Plan, (a-h); H(3), “Content of Landscape Plan” (j-l), 12-17-01, Amended by Ord. 2003-25 P&Z, § III – I, “Applicability - Relief From Landscaping Requirements”, (1-4), 12-17-03) Chapter 13 - Zoning Section 7.04 Off-Street Parking Regulations In all zoning districts there shall be provided, in connection with appropriate allowable uses, off-street parking space in accordance with the following requirements: A. Minimum Off-Street Parking Requirements: The minimum number of off-street parking spaces herein required shall be computed and provided in accordance with the following specifications: 1. The number of spaces required shall serve residents, customers, patrons, visitors and employees. 2. Each parking space shall have adequate drives and room for ingress and egress to each parking space with a minimum size of eight feet (8’) by twenty-two feet (22’) for each parallel parking space and nine feet (9’) by eighteen feet (18’) for each angular head-in parking space, and shall be designed in accordance with minimum Town standards. 3. All maneuvering for off-street parking shall be accomplished on private property. 4. Parking facilities that are within sixty feet (60’) of a residentially zoned district shall be separated from said district by a decorative masonry wall at least eight feet (8’) high or a combination of berm, fence , or wall at least eight feet (8’) in height. 5. Boats, recreational vehicles, and trailers are not permitted to be parked in any zoning district unless the vehicles are totally enclosed by a building structure. B. Unclassified Use: Where the proposed land use cannot be classified within the uses herein specified, the Town Council shall determine the specified use most clearly related to the proposed use and the minimum requirements for the specified use so determined shall apply to the proposed use. C. Number of Parking Spaces Required: The minimum number of off-street parking spaces required shall be as follows: Use No. of Parking Spaces Required for Each 1. Residential Uses Single-family dwellings; attached, detached, townhouse, duplex, HUD- Code manufactured home, industrialized housing 2 Dwelling Unit Apartment, condominiums, triplex, four-plex 2-2½ Dwelling Unit Chapter 13 - Zoning 2. Institutional Uses No. of Parking Spaces Required for Each Church 1 4 seats in main sanctuary, or for each 28 square feet in the main sanctuary, or for each 200 sq ft of bldg. area, whichever is greatest Public, community, health welfare center 1 200 sq. ft. of gross floor area Institution; religious, charitable or philanthropic organization 1 200sq. ft. of gross floor area Place of public assembly 1 3 seats Day camp, kindergarten, or day nursery 1 5 pupils Governmental office buildings, libraries, museums 1 200sq/ ft. of gross floor area School, Elementary 1 20 students (design capacity) School, Junior High 1 15 students (design capacity) School, Senior High 1 3 students (design capacity) School, Private 1 10 students Lodge or fraternal organizational building 1 200 sq. ft. of gross floor area Eating or drinking establishment, no service to auto 5 Plus 1 for each 3 seats (design capacity) 3. Office, Professional or Financial Uses No. of Parking Spaces Required for Each Bank or savings and loan office 1 300 sq. ft. of gross floor area Medical or dental clinics 5 Plus 1 space for each 150 sq. ft. of gross floor area Office, general 5 Plus 1 space for each 300 sq. ft. gross floor area Dance, drama or music studio 1 2 students (design capacity) Chapter 13 - Zoning 4. Professional Services and Retail Uses: No. of Parking Spaces Required for Each Personal service establishment 5 Plus 1 space for each 200 sq. ft. of gross floor area Retail establishments in buildings 5 Plus 1 space for each 200 sq. ft. of gross floor area Beauty/barber shop 1 50 sq. ft. of gross floor area Outside retail shop 1 600 sq. ft. of gross floor area Coin-operated or self-serve laundry or dry cleaning 1 2 washing machines Drive-through eating establishment 1 75 sq. ft. gross floor area Café, restaurant, cafeteria 1 125 sq. ft. gross floor area 5. Recreation, Social and Entertainment Uses No. of Parking Spaces Required for Each Indoor commercial amusements 1 Per 100 sq. ft. of enclosed floor area Theater 1 4 seats Batting cage, driving range 1 Cage or tee Golf Course 30 Plus 3 spaces D. Exceptions: Groups of uses requiring vehicle parking space may join in establishing group parking areas with capacity aggregating that required for each particular use. Where it can be established before the Building Official that parking for two (2) specific uses occurs at alternating periods, the parking space requirements of the use requiring the greater number of spaces may be applied to both uses in a combined parking area. Example: Church and professional office building. (Ord No. 98-29, § XLVIII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XLVIII, 3-21-00) Chapter 13 - Zoning Section 7.05 Off-Street Loading Regulations In all zoning districts there shall be provided, in connection with appropriate allowable uses, off-street loading facilities in accordance with the following requirements: A. Minimum Off-Street Loading Requirements: The minimum number of off-street loading spaces herein required shall be computed and provided in accordance with the following classifications: 1. Any department store, retail establishment, storage warehouse, or wholesale establishment, which has an aggregate gross floor area of ten thousand (10,000) square feet or more, arranged, intended or designed for such use shall be provided with off-street truck loading zones or docks at least twelve feet (12’) wide, fourteen feet (14’) high and thirty-five feet (35’) long in accordance with the following table: Square Feet of Aggregate Gross Floor Area Required Number of Spaces 0 to 40,000 1 40,001 to 100,000 2 100,001 to 160,000 3 160,001 to 240,000 4 240,001 to 320,000 5 320,001 to 400,000 6 400,001 to 490,000 7 For each 90,000 over 490,000 1 additional 2. Any restaurant arranged, intended or designed for such use shall be provided with off-street truck loading zones or docks at least twelve feet (12’) wide, fourteen feet (14’) height and thirty-five feet (35’) long in accordance with the following table: Square Feet of Aggregate Gross Floor Area Required Number of Berths 150,000 or less 1 150,001 to 400,000 2 400,001 to 660,000 3 660,001 to 970,000 4 970,001 to 1,300,000 5 1,300,001 to 1,630,000 6 1,630,001 to 1,960,000 7 1,960,001 to 2,300,000 8 For 350,000 over 2,300,000 1 additional (Ord No. 98-29, § XLIX, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XLIX, 3-21-00) Chapter 13 - Zoning Section 7.06 Parking and Loading Area Development Standards For Non- Residential Uses A. Location of Parking Facilities: The off-street parking facilities required for the uses mentioned in this ordinance and other similar uses shall be on the same lot or parcel of land as the structure they are intended to serve. B. Site Approval: All off-street parking and loading structures shall be subject to Town Design Standards. C. Entrances and/or Exits: Entrances and/or exits on a public street shall not be located less than one hundred fifty feet (150’) from the nearest point of intersection of two (2) street right-of-way lines unless the tract is not of sufficient size to accommodate this restriction. In that instance, the driveway shall be located as far as possible from the intersection. The width of opening on entrances and/or exits shall not be less than twelve feet (12’) nor more than forty feet (40’) depending on the amount of lot frontage where such opening is to be located. Only one driveway approach shall be permitted on any parcel of property with a frontage on a public street with a lot width of one hundred fifty feet (150’) or less. Additional openings for parcels of property having a frontage of one hundred fifty (150’) feet or less, may be permitted after proof of necessity and convenience has been established by evidence submitted to the Town Engineer. Between any two (2) adjacent entrances and/or exits serving the same parking facility, there shall be no less than twenty feet (20’). D. Relation to Residential Districts: No loading space shall be located closer than fifty feet (50’) to any lot in any residential district, unless wholly within a completely enclosed building or unless enclosed on all sides by a decorative masonry wall not less than eight feet (8’) in height. E. Lighting Facilities: Lighting facilities, if provided, shall be so arranged as to be reflected away from residentially zoned or used property. They shall provide illumination within the parking facility not to exceed one foot-candle at ground level, and shall distribute not more than two-tenths (0.2) of one foot-candle of light upon any adjacent residentially zoned district. F. Use: The parking area shall be used for passenger vehicles only, and in no case shall be used for sales, repair work, storage, dismantling or servicing of any vehicles, equipment, materials or supplies. G. Location of Off-Street Loading Facilities: The off-street loading facilities required for the uses mentioned in this ordinance and other similar uses, shall be on the same lot or parcel of land as the structure they are intended to serve. H. Vehicle Stopping Device: All parking, loading spaces, and vehicle sales areas on private property shall have a vehicle stopping device installed so as to prevent parking of motor vehicles in any required landscaped areas, to prevent any parked vehicle from overhanging a public right-of-way line or public sidewalk. An overwide sidewalk on private property may be permitted so as to allow encroachment of vehicle overhang while maintaining an unobstructed three-foot minimum sidewalk width. This requirement shall apply only where spaces are adjacent to the walks, right-of-way, and landscaping. Parking shall not be permitted to overhang public right-of-way in any case. Chapter 13 - Zoning I. Driving Lane Widths: Driving lane widths in all private parking lots shall conform to the following standards: 0 degrees – 34 degrees 18 feet minimum 35 degrees – 90 degrees 24 feet minimum All Centerline turning radii 30 feet minimum J. Front Yard Parking in Non-Residential Districts: In nonresidential districts, surface parking may extend to the front property line, except for required screening and landscaping as set forth in the various sections of this Ordinance. K. Fractional Spaces: In determining the required number of parking spaces, fractional spaces shall be counted to the next whole space. L. Parking Structures: Floor area of structures devoted to off-street parking of vehicles shall be excluded in computing the floor area for off-street parking requirements. M. Use of Private Drives: Kindergartens, day schools, and similar child training and care establishments shall provide loading and unloading space on a private drive and off-street to accommodate one motor vehicle for each ten (10) students or children cared for by the establishment. (Ord No. 98-29, § L, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § L, 3-21-00) Chapter 13 - Zoning Article VIII Administration & Enforcement Section 8.01 Administration & Enforcement A. Authorization: The Town Planning and Zoning Administrator shall be authorized to carry out the duties of the office of Planning and Zoning Administrator under this ordinance and expend funds as shall be approved from time to time by the Town Council. B. Duties of the Planning and Zoning Administrator: In furtherance of this authority and in addition to the duties designated to him under this ordinance and other ordinances of the Town, the Planning and Zoning Administrator or his duly designated and authorized representative shall: 1. Receive applications for building permits for the construction, erection, alteration, enlargement, and removal of buildings, structures and signs; receive applications for permits for the use of any premises for a parking lot, open sales lot, or other purposes where a building permit is not required; notify applicants of all Town ordinances pertaining to said applications; issue permits applied for as soon as practicable where the plans are found to comply with the provisions of this ordinance and all other Town laws and ordinances applicable thereto; make and maintain records thereon; and in connection with such duties interpret the provisions of this ordinance. 2. Receive applications for Certificates of Occupancy and Compliance for buildings, structures and signs for which building permits have been issued, and which have been constructed, erected, altered, enlarged or moved in accordance with such permits and are ready for use and occupancy; receive applications for Certificates of Use and Occupancy for any premises developed or improved as a parking lot, open sales lot or other purposes where a building permit is not required; notify applicants of Town ordinances pertaining to said applications; issue Certificates of Occupancy and Compliance applied for as soon as possible after verification of each written application; and in connection with such duties interpret the provisions of this ordinance. 3. Receive applications for conditional use permits pursuant to Section 6.01 of this Ordinance. 4. Receive petitions for amendments to the text of the zoning ordinance and for the rezoning of property that is subject to this ordinance. 5. Provide such clerical and technical assistance to the Town Council, Planning and Zoning Commission, and Zoning Board of Adjustment as they may require in the performance of their duties under this ordinance. 6. Conduct inspections of buildings, structures, and uses of any premises to determine compliance with the terms of this ordinance and issue certificates of inspection where compliance with the ordinance has been verified. 7. Conduct inspections of buildings, structures, signs and uses of any premises to determine compliance with the terms of any application, permit or certificates issued by his office. 8. Maintain permanent and current records of official actions on all building permits, certificates of inspection, conditional uses, variances, vested rights determinations, appeals and applications therefore and all functions of the office of Planning and Zoning Administrator related to the administration of this ordinance. Chapter 13 - Zoning 9. Prepare and have available in book, pamphlet or map form, on or before March 1 of each year: a. The compiled text of the Zoning Ordinance and amendments thereto, including all amendments adopted through the preceding December 31; and b. A zoning map or maps, showing the zoning districts, divisions and classifications in effect on the preceding December 31. 10. Maintain for distribution to the public a supply of copies of the zoning map or maps, the compiled text of the Zoning Ordinance, and the rules of the Zoning Board of Adjustment and the Planning and Zoning Commission. A reasonable fee for each copy shall be charged to defray the cost of printing. C. Inspection and Right of Entry: The Planning and Zoning Administrator, or his duly authorized representatives, including, but not limited to, the Town Building Official, are hereby authorized to make inspections of all buildings, structures and premises located within the Town to determine their compliance with the provisions of this ordinance. For the purpose of making such inspection, the Planning and Zoning Administrator, and his authorized representatives, are hereby authorized to examine and survey all buildings, structures and premises within the Town. Such inspections shall be made between the hours of eight o'clock (8:00) a.m. and eight o'clock (8:00) p.m. on any days except Sunday, subject to the following standards and conditions: 1. Such inspections may take place if a complaint respecting said premises has been received by the Planning and Zoning Administrator and such complaint, in his opinion, provides reasonable grounds for belief that a violation exists, or such inspection is undertaken as part of a regular inspection program whereby certain areas of the Town are being inspected in their entirety. 2. Such inspection shall be made by the Planning and Zoning Administrator or by any duly authorized representative upon his direction. 3. Any person making such inspection shall furnish to the owner or occupant of the structure sought to be inspected sufficient identification and information to enable the owner or occupant to determine that he is a representative of the Town and to determine the purpose of said inspection. The Planning and Zoning Administrator, or his duly authorized representative, may apply to any court of competent jurisdiction for a search warrant or other legal process for the purpose of securing entry to any premises if the owner shall refuse to grant entry. D. Notice of Violation: Whenever the Planning and Zoning Administrator, or one of his authorized representatives, determines that there are reasonable grounds to believe that a violation of any provision of this ordinance exists on any parcel of land within the Town, he shall give notice of such alleged violation to the owner or agent or occupant of said parcel as hereinafter provided. Such notice shall: 1. Be in writing and include a statement of any alleged violations. 2. Allow a reasonable time for the correction of any violation or the performance of any other required act. 3. Be served upon the owner or his agent or the occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such owner or agent, or upon Chapter 13 - Zoning such occupant, if a copy thereof (1) is served upon him personally, or (2) is sent by certified mail to his last known address; or (3) is posted in a conspicuous place in or about the building, structure or premises affected by the action. When an inspection of a building, structure or premises indicates that no violations of this ordinance exist, and that no violations of any other ordinance administered by the Planning and Zoning Administrator exist, he shall cause to be issued to the owner of said property a Certificate of Inspection attesting to the fact. (Ord No. 98-29, § LI, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § LI, 3-21-00) Chapter 13 - Zoning Section 8.02 Certificates of Occupancy & Compliance A. Issuance of Certificate of Occupancy: No existing building and no building hereafter erected or structurally altered shall be occupied, used, changed in use or changed in occupancy, until a certificate of occupancy and compliance shall have been issued by the Planning and Zoning Administrator stating that the building and proposed use of the building or land complies with all of the health laws, building code ordinances, ordinances relating to electrical and plumbing installations, with the provisions of this ordinance and all other applicable Town ordinances. Certificates of occupancy and compliance shall be applied (for) to coincide with the application after the erection or structural alteration of such building shall have been completed in conformity with the provisions of this ordinance and the laws and ordinances above mentioned. A record of all certificates shall be kept on file in the office of the Planning and Zoning Administrator and copies shall be furnished on request to persons having a proprietary or tenancy interest in the building or land affected. B. Pre-existing Structures: The use of a building already erected at the time of passage of this ordinance shall not be changed from one class of use to another or changed by a change in the party or parties occupying the building, unless and until a certificate of occupancy and compliance under the provisions of this ordinance shall have been obtained from the Planning and Zoning Administrator. C. Connection of Utilities: It shall be unlawful for any public utility, including the Town of Trophy Club, or any person within their employment to connect any water, gas or electrical service to any building or property unless a certificate of occupancy and compliance has been issued by the Planning and Zoning Administrator of the Town. (Ord No. 98-29, § LII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § LII, 3-21-00) Chapter 13 - Zoning Section 8.03 Amendments A. Application for Zoning Changes: 1. Any person, firm or corporation requesting change in zoning of any property from one district classification to another district classification under this ordinance shall make an application in writing to the Town Planning and Zoning Commission requesting change in zoning, which application shall contain the following information: a. Legal description of the land on which a zoning change is requested, together with the local street address. b. Name and address of the owner of the property. c. Name and address of the person making the application, if made by anyone other than the owner, together with a statement that the person making the application is authorized to act for the owner in making the application. d. District use under which the property is regulated at the time of making application and the district use requested by the applicant. e. Any other information concerning the property as may be reasonably requested by the Planning and Zoning Commission. 2. Upon the filing of an application for a change in zoning with the Planning and Zoning Commission, the applicant shall pay to the Town a fee as defined in the adopted schedule of fees of the Town, no part of which shall be returnable, regardless of the action taken on the request. 3. A waiting period of one year is hereby established between the date an application for amendment to the zoning ordinance or a requested change in zoning is denied by the Town Council and a new application for such a change or amendment is accepted. The one-year waiting period shall be applicable to all requested amendments and changes for the same zoning district, or districts and/or principal use(s), on all or any portion of the property previously considered for amendment or change in zoning; provided, however, said one-year waiting period shall be not applicable to any proposed amendment or change instituted by the Town Council or Planning and Zoning Commission, or any proposed amendment or change denied without prejudice by the Town Council. 4. The Town shall have at least one sign erected on any property upon which a zoning change requested has been filed. Such sign or signs shall, if possible, be located adjacent to a public thoroughfare in a visible location. Such sign shall be removed immediately after final action by the Town Council or when the applicant withdraws the request, whichever comes first. The sign shall contain a notice of the rezoning, and the agency and telephone number from which information relative to the rezoning request may be obtained. Accompanying every petition for amendment of this ordinance shall be a required statement signed by the applicant authorizing the placement of such or signs by the Town. The erection or continued maintenance of the sign or signs shall not be deemed a condition precedent to the granting of any zoning change or the holding of any public hearing. B. Changes and Amendments: 1. Any person, corporation or group of persons having a proprietary interest in any property, Chapter 13 - Zoning upon proof of such interest, may petition the Town Council for a change or amendment to the provisions of the zoning ordinance or the zoning map, or the Town Planning and Zoning Commission may, on its own motion, institute proposals for change and amendment to the ordinance or the map in the public interest. All petitions for the amendment of this ordinance shall bear the signature of the owners of all property within the area of request. 2. The Town Council may from time to time amend, supplement, or change by ordinance the boundaries of the district or regulations herein. Before taking action on any proposed amendment, supplement, or change, the Town Council shall submit the same to the Town Planning and Zoning Commission for its recommendation and report. 3. If such proposed amendment, supplement or change has been denied by the Town Planning and Zoning Commission, or if a protest against such proposed amendment, supplement or change has been filed with the Town Secretary, duly signed and acknowledged by the owners of twenty percent (20%) or more, either of the area of the lots included in such proposed change or those immediately adjacent to and extending two hundred feet (200’) there from, such amendment shall not become effective except by a three-fourths (¾) vote of the members of the Town Council of the Town of Trophy Club. (Ord No. 98-29, § LIII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § LIII, 3-21-00) Chapter 13 - Zoning Section 8.04 Planning & Zoning Commission A. Composition: The Planning and Zoning Commission shall be composed of seven (7) members to be appointed by the Town Council. B. Terms of Office: Members of the Commission shall be appointed by the Town Council for a two year term but serve at the pleasure of subject to re-appointment by the Town Council. The Planning and Zoning Commissioners shall serve off-setting terms. Three commissioners shall be appointed to serve one (1) year terms for the first year of the Planning and Zoning Commission; and four commissioners shall be appointed to serve two (2) year term for the first year of the Planning and Zoning Commission. All successive terms shall be served on the basis of two (2) year terms for all commissioners. In the event that a vacancy occurs on the Planning and Zoning Commission, the Town Council will appoint a new member to complete the unexpired term. A member of the Commission ceasing to reside in the Town of Trophy Club, or elected to public office during his or her term of office shall immediately forfeit his or her office. C. Quorum: Any four (4) members shall constitute a quorum for the transaction of business. The affirmative vote of a majority of those attending any meeting at which there is a quorum present shall be necessary to pass any motion, recommendation or resolution of the Planning and Zoning commission. D. General Duties: The Planning and Zoning Commission shall, from time to time, either at its discretion or as requested by the Town Council, submit its reports, plans and recommendations for the orderly growth, development and welfare of the Town in accordance with Chapter 283, Acts of the Regular Session of the Legislature, 1927, being Articles 211.001 to 211.013 of the Texas Local Government Code. Such Commission shall also perform other duties as may be prescribed by ordinance or state law, or as follows: 1. To recommend the boundaries of the various districts and appropriate regulations to be enforced therein under this ordinance, the ordinances of the Town of Trophy Club, or the laws of the State of Texas; and 2. To recommend approval or denial of zoning changes and regulations under this ordinance, the ordinances of the Town of Trophy Club or the laws of the State of Texas; and 3. To hear, recommend, or determine any matter relating to zoning, planning or subdivision control as may be specified or required under this ordinance, the ordinances of the Town of Trophy Club, or the laws of the State of Texas; and 4. To exercise such duties and powers as may be now or hereafter conferred by this ordinance, the ordinances of the Town of Trophy Club, or applicable laws of the State of Texas; and 5. To recommend to the Town Council amendments to the Town's Zoning Ordinances which it deems necessary to clarify the classification of any use, new or otherwise not listed or identified within this ordinance, for the purpose of establishing the appropriate zoning district into which such use should be placed; and 6. To interpret the intent of the official zoning map where uncertainty exists because the physical features on the ground vary from those on the official zoning map and none of the rules set forth in this ordinance apply; and Chapter 13 - Zoning 7. Upon request by the Planning and Zoning Administrator, to recommend to the Town Council amendments to the Town's Zoning Ordinances which it deems necessary to clarify the intent or meaning of any provision of this ordinance where uncertainty exists regarding the interpretation of such provision. E. Citizen of Trophy Club: Each member of the Planning and Zoning Commission shall be a resident citizen of the Town of Trophy Club at the time of his or her appointment. F. Removal: Any member of the Planning and Zoning Commission may be removed from office for any cause deemed by the Town Council to be sufficient for removal of said member. If a vacancy should exist in the Planning and Zoning Commission membership due to removal from office, resignation, death, refusal or inability to serve, the Town Council shall appoint a new member to fill the vacancy. G. Attendance: Three consecutive absences that are not excused by the Commission, or the absence of a regular member from more than twenty-five percent of the posted meetings in any six (6) month period, shall cause the Planning and Zoning Commission to review the attendance record of the member and make a recommendation to the Council on the appointment. H. Officers: The Town Council shall appoint a chairman and vice-chairman of the Planning and Zoning Commission to serve at the pleasure of the Town Council. The Chairman shall preside over all meetings of the Commission. The Vice-Chairman shall perform the duties of the Chairman in his or her absence or inability to act. I. Meetings: All meetings of the Planning and Zoning Commission shall be open to the public. The Commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep record of its examinations and other official actions, all of which shall be filed in the office of the Planning Administrator and shall be a public record. The Planning Administrator of the Town of Trophy Club shall be the custodian and possessor of the records and minutes of the Planning and Zoning Commission. Meetings of the Planning and Zoning Commission may be held as often as necessary to conduct the business coming before the Commission and shall be held at the call of the Chairman and at such other times as the commission may determine. (Ord No. 98-29, § LIV, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § LIV, 3-21-00) Code of Ordinances Cross Reference: (Planning & Zoning Commission), Chapter 1, § 1.08; (General Duties), Chapter 1, § 1.08 Chapter 13 - Zoning Section 8.05 Zoning Board of Adjustment A. Creating Zoning Board of Adjustment: There is hereby created a Zoning Board of Adjustment which shall consist of five (5) regular members, each to be appointed by a majority of the Town Council for a term of two (2) years. B. Membership: In addition to the five (5) regular members of the Zoning Board of Adjustment, four (4) alternate members of the Zoning Board of Adjustment, who shall serve in the absence of one or more regular members when requested to do so by the Mayor, shall be appointed by a majority of the Town Council, so that all cases heard by the Zoning Board of Adjustment will always be heard by a minimum of four (4) members. C. Term of Membership: Regular members and alternate members of the Zoning Board of Adjustment shall serve a term of two (2) years and until their successors are appointed and qualified. Regular and alternate members of the Zoning Board of Adjustment may be removed from office for cause by the Town Council upon written charges and after a public hearing. D. Officers: The Zoning Board of Adjustment shall select from among its regular members, a chairman, an acting chairman to act in the absence of the chairman, and a secretary. E. Rules Governing Zoning Board of Adjustment: The Zoning Board of Adjustment may adopt rules to govern its proceedings and conduct of the business before the Board. Any rule or rules shall be adopted by a resolution by the Board, entered upon the minutes of the Board and a copy thereof shall be filed with the Town Secretary of the Town of Trophy Club. F. Meetings: Meetings of this Board shall be held at the call of the chairman, and at such other times as the Board may determine. Such chairman or, in his absence, the acting chairman, shall administer oaths and compel attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon such question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Board and shall be a public record. All matters before the Board of Adjustment on matters of appeal, variance, special exception, or other matter as specified by ordinance, shall be held as a public hearing in accordance with the provisions of Section 8.06, Public Hearings. G. Appeals to Zoning Board of Adjustment: Appeals to the Zoning Board of Adjustment may be taken by any person aggrieved, or by any officer, department, board, bureau or agency of the Town affected by any decision of the Building Inspector or other administrative officer of the Town relative to the Zoning Ordinance. Such appeal shall be taken within fifteen (15) days after the date of the decision of the Building Inspector or other administrative officer has been rendered, by filing with the officer from whom the appeal is taken and with the Zoning Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record from which the appeal was taken. 1. A filing fee of one hundred dollars ($100.00) to help pay a part of the cost of legal publication, accumulating engineering data, and other administrative costs shall accompany each notice of appeal filed with the Zoning Board of Adjustment. Chapter 13 - Zoning 2. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Zoning Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Adjustment or a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown. 3. The Zoning Board of Adjustment shall fix a reasonable time for the hearing of an appeal, give notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon hearing, any party may appear in person, by agent or by attorney. H. Authority of Zoning Board of Adjustment: The Zoning Board of Adjustment shall have the following powers: 1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official of the Town in the enforcement of this ordinance. 2. To hear and decide special exceptions to the terms of this ordinance upon which the Board is required to pass under this ordinance, if any. 3. To authorize upon appeal in special cases, such variances from the terms of this ordinance as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provision of this ordinance will result in unnecessary hardship, so that the spirit of this ordinance shall be observed and substantial justice done. 4. To permit in any district such modification of the requirements of the district regulations as the Board may deem necessary to secure an appropriate development of a lot where adjoining such lot on two (2) or more sides there are lots occupied by buildings which do not conform to the regulations of the district. I. Exercising of Powers: In exercising its powers, the Zoning Board of Adjustment may, in conformity with the provisions of this ordinance and the provisions of Chapter 211 of the Texas Local Government Code, as amended, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as should be made, and to that end shall have all the powers of the officer from whom the appeal is taken. 1. The concurring vote of four (4) members of the Board shall be necessary to revise any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under the ordinance, or to effect any variation to this ordinance. 2. Any person or persons, jointly or severally, aggrieved by any decision of the Zoning Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the Town may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the Zoning Board of Adjustment. J. Waiting Period: No appeal to the Zoning Board of Adjustment shall be allowed on the same piece of property or on the same or similar question prior to the expiration of one year from the date of a ruling of the Zoning Board of Adjustment on any appeal to such body unless other property in the same Chapter 13 - Zoning zoning area shall have, within such one-year period, been altered or changed by a ruling of the Zoning Board of Adjustment, in which each such change of circumstances shall permit the allowance of an appeal. (Ord No. 98-29, § LV, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § LV, 3-21-00) Code of Ordinances Cross Reference: (Zoning Board of Adjustment), Chapter 1, § 1.08; (Fees), Chapter 1, § 8.05 Chapter 13 - Zoning Section 8.06 Public Hearings A. Requirements For Public Hearing: The Town Planning and Zoning Commission shall hold a public hearing on any amendment, supplement, or change in zoning classification prior to making its recommendation and report to the Town Council. Written notice of all public hearings before the Town Planning and Zoning Commission, on a proposed amendment, supplement or change shall be sent to all owners of real property lying within two hundred feet (200’) of the property on which the change is requested. Such notice shall be given not less than ten (10) days before the date set for hearing, by depositing a notice properly addressed and postage paid in the United States Post Office to such property owners as the ownership appears on the last approved Town tax roll. B. Notice of Public Hearing: A public hearing shall be held by the Town Council before adopting any proposed amendment, supplement, or change in zoning classification. At least fifteen (15) days notice of the time and place of such hearing shall be published in the official newspaper of the Town of Trophy Club. Such hearing may be held jointly with the hearing before the Town Planning and Zoning Commission required pursuant to Section 8.06(A) of this Ordinance. C. Zoning Changes that do not Affect Specific Property: These changes are usually associated with textual changes. When any proposed amendment, supplement, or change of zoning map or text of this zoning ordinance does not affect the land use character or zoning classification of specific property, notice of public hearing of the Planning and Zoning Commission shall be given by publication in a newspaper of general circulation in the Town of Trophy Club without the necessity of notifying property owners by mail. Such notice shall state the time and place of such hearing and the nature of the subject to be considered. Such notice shall be published not less than fifteen (15) days prior to the public hearing. (Ord No. 98-29, § LVI, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § LVI, 3-21-00) Chapter 13 - Zoning Section 8.07 Exceptions and Exemptions Not Required to be Negated In any complaint and in any action or proceeding brought for the enforcement of any provision of this ordinance, it shall not be necessary to negate any exception, excuse, provision or exception contained in this ordinance, and the burden of proof of any such exception, excuse, provision or exemption shall be upon the defendant. (Ord No. 98-29, § LVII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § LVII, 3-21-00) Chapter 13 - Zoning Section 8.08 Penalty Any person, firm or corporation violating any of the provisions of this ordinance shall be punished by a penalty of fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense and each and every day such offense shall continue shall be deemed to constitute a separate offense. (Ord No. 2000-06 P&Z, § V, 3-21-00) Chapter 13 - Zoning Article IX Illustrations Section 9.01 First Floor Designation and Measurement of Height of Structure (Ord No. 98-29, § Appendix A, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § Appendix A, 3-21-00) Chapter 13 - Zoning Section 9.02 Height Measurement For Primary Structure and Accessory Building (Ord No. 98-29, § Appendix A, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § Appendix A, 3-21-00) Chapter 13 - Zoning Section 9.03 Determining Set-Back Distance Along Curved Property Lines (Ord No. 98-29, § Appendix A, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § Appendix A, 3-21-00) Chapter 13 - Zoning Section 9.04 Method of Measuring Front Yard (Ord No. 98-29, § Appendix A, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § Appendix A, 3-21-00) Chapter 13 - Zoning Section 9.05 Front Yard Where Zoning Changes In a Block (Ord No. 98-29, § Appendix A, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § Appendix A, 3-21-00) Chapter 13 - Zoning Section 9.06 Lot Width (Ord No. 98-29, § Appendix A, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § Appendix A, 3-21-00) Chapter 13 - Zoning Section 9.07 Lot Depth (Ord No. 98-29, § Appendix A, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § Appendix A, 3-21-00) Chapter 13 - Zoning Section 9.08 Yards (Ord No. 98-29, § Appendix A, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § Appendix A, 3-21-00) Chapter 13 - Zoning Section 9.09 Obstruction Zones (Ord No. 98-29, § Appendix A, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § Appendix A, 3-21-00) Chapter 13 - Zoning Section 9.10 Sight Distance Zone (Plan View) (Ord No. 98-29, § Appendix A, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § Appendix A, 3-21-00) Code of Ordinances Cross Reference: (Sight Distance Visibility), Chapter 13, § 7.03 TTOOWWNN OOFF TTRROOPPHHYY CCLLUUBB DDEESSIIGGNN SSTTAANNDDAARRDDSS AANNDD CCOONNSSTTRRUUCCTTIIOONN SSPPEECCIIFFIICCAATTIIOONNSS PPrreeppaarreedd BByy:: TEAGUE NALL AND PERKINS, INC. ENGINEERS SURVEYORS CONSULTANTS MMAARRCCHH 22000055 Town of Trophy Club 1 – 2 Roadway Design Section 1 Roadway Design 1.1 Introduction This section provides guidelines for the design of streets in the Town of Trophy Club. In the event the design criteria contained herein does not address a particular situation, the engineer may reference AASHTO, “A Policy on Geometric Design of Highways and Streets”, 2001edition. The proposed design is subject to the review and approval of the Town Engineer or his authorized representative. 1.2 Roadway and Right-of-Way Classifications There are four basic roadway classifications. These are as follows: • Major Collector – Four Lane Divided This classification is designed to handle the large volumes of traffic from one area of town to another, and to serve as the major point of ingress/egress to the town. Direct residential driveway access is not allowed on new sections. • Major Collector – Four Lane Undivided This classification is designed to handle large volumes of traffic from one area of town to another. Direct residential driveway access is not allowed on new sections. • Minor Collector – Two Lanes This classifications is designed to carry neighborhood traffic to the major collectors. Direct residential driveway access is permitted, but not encouraged. • Local Street – Two Lanes This classification is designed to provide access to residential areas. Table No. 1-1 shows right-of-way and roadway width criteria Table No. 1-1 ROADWAY STANDARDS Name Classification Back to Back (ft) Median Width (Ft) Parkway Width (Ft) Recommended Minimum ROW (Ft) C4D Major Collector – 4 Lane Divided 2-25 18 11 90 C4U Major Collector – 4 Lane Undivided 45 --- 12.5 70 C2U Minor Collector – 2 Lane 41 --- 9.5 60 L2U Local Street 27 --- 11.5 50 See Figures 1-1 & 1-2 for Typical Sections Town of Trophy Club 1 – 5 Roadway Design 1.3 Geometric Design This section addresses the configuration of the roadway. Elements such as vertical alignment, horizontal alignment and sight distances are considered. 1.3.1 Design Speed The various geometric design elements are typically affected by design speed. Table 1-2 shows the design speed for each street classification. Table No. 1-2 DESIGN SPEEDS Classification Design Speed Major Collector – 4 Lane Divided 40 Major Collector – 4 Lane Undivided 35 Minor Collector – 2 Lane 30 Local Street 30 1.3.2 Horizontal Alignment Horizontal curvature is influenced by design speed, rate of roadway superelevation, and the side friction factor. Table 1-3 shows the minimum centerline radius for each roadway classification, based upon a cross slope of 2%. Table No. 1-3 MINIMUM CENTERLINE RADIUS (Based upon 2% Cross-Section) Classification Recommended Minimum Radius (Ft) Major Collector – 4 Lane Divided 700 Major Collector – 4 Lane Undivided 500 Minor Collector – 2 Lane 300 Local Street --- Superelevation may by utilized in order to reduce the minimum centerline radius. The basic formula for determining horizontal alignment is as follows: where: e = rate of roadway superelevation, foot per foot V2 f = side friction factor R= 15 (e+f) v = design speed, MPH R = radius of curve in feet The maximum superelevation shall be 0.04 feet/feet. The side friction factors to be used are as follows: Design Speed f 40 0.15 35 0.16 Town of Trophy Club 1 – 6 Roadway Design 30 0.16 Curves for major collectors shall have a minimum tangent length of 100 feet between curves. Where a minor collector or residential street intersects a major collector street, the minor collector or residential street shall have a centerline tangent of at least 50 feet, measured from the right-of-way of the cross street. If the intersecting minor collector or residential street has a centerline radius of 400 feet or greater, no tangent section will be required. 1.3.3 Sight Distance A significant design element is that of sight distance. Sight distance is the length of roadway ahead visible to the driver. Table No. 1-4 provides stopping sight criteria for vertical curves. Table No. 1-4 MINIMUM STOPPING SIGHT DISTANCE Design Speed (MPH) Stopping Sight Distance(Ft) K Value for Crest Curves (Rounded) K Value for Sag Curves (Rounded) 40 275-325 60-80 60-70 35 225-250 40-50 50-50 30 200-200 30-30 40-40 Refer to Figures 1-3 and 1-4 for design controls for vertical curves. In addition to stopping sight distance, horizontal sight distance at intersections is an important design element. Table No. I-5 provides sight distances for intersections. Table No. 1-5 SIGHT DISTANCE AT INTERSECTIONS Design Vehicle Crossing Street Sight Distance in Feet per 10-MPH of Street Design Speed, for Street Width of 2-Lanes 4 Lane P 100 120 SU 130 150 WB-50 170 200 See figure I-5. 1.4 Grades Allowable grades for the Town of Trophy Club are shown in Table No. 1-6. Where the terrain is rolling, the Town Engineer or his authorized representative may approve steeper grades. Where the terrain is exceptionally flat, the Town Engineer or his authorized representative may approve flatter grades. Town of Trophy Club 1 – 10 Roadway Design * for Bubbles and Cal-Pe-Sacs the minium grade is 0.6% 1.5 Lanes Figures 1-1 and 1-2 show the lane widths for the four basic street classifications. Typically, for roadway configurations other than the town’s four basic street classifications, traffic lanes will be a minimum of 12 feet in width. If turn lanes, deceleration lanes, or acceleration lanes are needed, they shall be 12 feet in width. The Town Engineer may require a traffic study to determine the necessity and location of such elements. For roadway configurations where there is the higher than normal potential traffic movement may be blocked, the minimum lane width shall be 18 feet. An example of this scenario is a divided gated entry. 1.6 Median openings Medians are included on major collectors for aesthetics and to control turning movements. Median openings are used to allow turning movements at selected locations. 1.6.1 Existing medians a. Median openings and associated left turn lanes must be approved by the Town Engineer or his authorized representative. b. Widening, relocating, or other alterations to existing median openings must be approved by the Town Engineer or his authorized representative. 1.6.2 New Medians a. Generally, the minimum distance between median openings shall be determined by the left turn storage required on each end of the median, the widths of the intersecting street, the 10-foot setback from the intersecting curb-line to the nose of the median, and the left turn transition. b. The minimum distance between median openings and typical dimensions shall be as shown in Figure 1-6. c. The width of the median opening shall be the width of the intersecting street plus 20-feet, but not less than 50-feet wide. d. Median openings may be permitted to serve private driveways of major traffic generators, provided appropriate left-turn channelization can be constructed. Table No. 1-6 ALLOWABLE STREET GRADES* Percent Grade Street Classification Maximum Minimum Major Collector – 4 Lane Divided 8 0.5 Major Collector – 4 Lane Undivided 8 0.5 Minor Collector – 2 Lane 8 0.5 Local Street 10 0.5 Section 2 Drainage Design Criteria TABLE OF CONTENTS 2.1 INTRODUCTION ..................................................................................................3 2.1.1 Objectives............................................................................................3 2.1.2 Criteria Development ...........................................................................3 2.1.3 Warning and Disclaimer of Liability .....................................................4 2.2 GENERAL POLICY ..............................................................................................4 2.2.1 Drainage ..............................................................................................4 2.2.2 Platting/Dedication of Easements for Drainage Facilities ....................5 2.2.3 Drainage Facility Easements ...............................................................6 2.2.4 Development in Floodplains ................................................................7 2.3 DRAINAGE DESIGN STANDARDS ....................................................................7 2.3.1 Design Storm Frequency .....................................................................7 2.3.2 Runoff Calculations .............................................................................8 2.3.2.1 Modified Rational Method .....................................................8 2.3.2.2 Time of Concentration ........................................................11 2.3.2.3 Unit Hydrograph Methods...................................................14 2.3.3 Street Capacities ...............................................................................14 2.3.4 Valley Gutters ....................................................................................14 2.3.5 Flow in Gutters and Inlet Locations ...................................................16 2.3.6 Inlet Sizing .........................................................................................17 2.3.6.1 Inlets on Grade ...................................................................17 2.3.6.2 Inlets in Sump.....................................................................17 2.3.7 Hydraulic Design of Closed Conduits ................................................20 2.3.8 Open Channels .................................................................................27 2.3.9 Roadside Ditches ..............................................................................30 2.3.3 Concrete Flumes ...............................................................................30 2.3.10 Culverts .............................................................................................30 2.3.11 Bridges ..............................................................................................31 2.3.12 Detention Facilities ............................................................................32 Town of Trophy Club 2-1 1 2.4 STORM WATER POLLUTION PREVENTION...................................................33 2.5 CONSTRUCTION PLAN REQUIREMENTS ......................................................33 2.5.1 Drainage Area Maps ..........................................................33 2.5.2 Grading Plans .....................................................................34 2.5.3 Storm Drainage Plans ........................................................35 2.4.5 Channel Plans ....................................................................36 2.5.4 Detention/Retention Facilities .............................................37 2.5.6 Storm Water Pollution Prevention Plans.............................37 2.6 SUBMITTAL REQUIREMENTS .........................................................................38 2.7 REGULATORY ISSUES .....................................................................................38 2.7.1 U.S. Army Corps of Engineers 404 Permits……………………….……38 2.7.2 EPA Phase II Storm Water issues…………………………………00.…38 2.8 National Flood Insurance Program .................................................................39 2.9 Detention Basin Design Example ....................................................................39 FIGURES Figure 1 - Overland Time of Flow………………………………………………….2-12 Figure 2 - Shallow Concentrated Flow Velocity………………………………….2-13 Figure 3 - Capacity of Triangular Gutters…………………………………………2-15 Figure 4 - Inlet Capacity for Curb Inlets on Grade……………………………….2-18 Figure 5 – Inlet Capacity for Curb Inlets in Sump……………………………..…2-19 Figure 6 - Manning's Formula for Flow in Storm Sewers……………………….2-23 Figure 7 - Minor Head Losses (2 pages)…………………………………2-25 & 2-26 TABLES Table 1 – Denton County Rainfall Intensities……………..………...…….……..2-10 Table 2 – Runoff Coefficients……………………………………………….……..2-11 Table 3 – Manning’s Roughness Coefficients “n” for Storm Drains…….……..2-20 Table 4 – Minimum Grades for Storm Drains……………………………………2-21 Table 5 – Roughness Coefficients for Open Channels…………………………2-29 Town of Trophy Club 2-2 2 Town of Trophy Club 2-3 3 Section 2 DRAINAGE DESIGN CRITERIA 2.1 INTRODUCTION 2.1.1 Objectives The quality of life for the citizens of Trophy Club depends in part upon adequate drainage facilities. This section establishes criteria, procedures and data for drainage evaluation to ensure the adequacy of new drainage facilities. The intent is to minimize potential negative drainage impacts caused by development. The use of this information will provide a consistent approach to analyzing drainage and constructing drainage improvements within the Town of Trophy Club. Because many engineering methods for analyzing drainage exist, these criteria for analyzing drainage are established to provide continuity of drainage design throughout the Town. 2.1.2 Criteria Development These criteria have been developed using certain guiding principles or assumptions. These guidelines will assist the user in utilizing this information. The guidelines are as follows: 1. The user of these criteria is expected to be a registered professional civil engineer who is skilled in the appropriate disciplines necessary to evaluate drainage problems. Therefore, the terms used and the methods discussed herein should be familiar to the user. 2. This section does not contain the solution for drainage problems. It establishes criteria and procedures to be used in designing drainage facilities in the Town of Trophy Club. 3. The criteria outlined are the minimum requirements. More stringent criteria may be required if the Town Engineer determines it is necessary in the interest of the Town. Such determination will be made on a case-by-case basis. 4. The design engineer bears total responsibility for the adequacy of his design. Approval of plans or calculations by the Town does not relieve the engineer of this responsibility. 5. This document is not intended to limit creativity in developing solutions for drainage problems. Evaluation of the applicability of innovative solutions and new products is encouraged. The intent is to encourage use of currently accepted procedures and the most current data and technology. Town of Trophy Club 2-4 4 6. This section recommends procedures, but does not present the theory on which the procedures are based. The user should be familiar with the theory upon which the herein described principles are based. 7. Design aids published elsewhere and commonly available may be referenced, but are not reproduced in this Manual. 2.1.3 Warning and Disclaimer of Liability The degree of flood protection established in this section is considered economically reasonable, and is based on scientific and engineering considerations. However, runoff that exceeds that from the design storm can occur, and flood heights greater than the design height can occur. This document does not imply that land outside right-of-ways or easements will be free from flooding or flood damages. The criteria set forth herein shall not create liability on the part of the Town of Trophy Club, Texas, or any official, employee or consultant thereof, for any flood damages that result from reliance on this information or any administrative decision lawfully made. 2.2 GENERAL POLICY 2.2.1 Drainage The owner or developer of the property to be developed shall be responsible for the design and construction of all storm drainage facilities on and through the subject property. This responsibility includes all existing and proposed on-site drainage, the drainage directed to that property by prior development, and drainage that will result when upstream areas are fully developed. Proposed on-site drainage facilities must be designed to properly discharge the design flows resulting from fully developed watershed conditions. Provisions shall be made to allow for connection to the on-site storm drainage system from upstream, off-site drainage areas. It is recommended that a preliminary planning conference be initiated by the developer's engineer with the Town Engineer prior to the submittal of any development plan in which erosion control, floodplain encroachment, wetlands issues, or natural channel requests are involved to determine the developer's responsibility in the design of these required drainage improvements and/or any required permitting. Town of Trophy Club 2-5 5 No increase in flow rate or concentration of storm water may be conveyed off-site without easements and/or downstream drainage improvements. Increased storm water runoff attributable to new development must not exceed the capacity of the downstream drainage system as far as a recognized watercourse, as determined by the Town Engineer. If no downstream drainage system exists, increased storm water runoff must not adversely affect adjoining property. In cases where the proposed runoff would exceed the capacity of downstream facilities, the developer will be required to provide detention to prevent overloading of downstream systems. In all new developments where storm water runoff has been collected or concentrated, discharge shall be conveyed off-site by creeks, channels or storm sewer systems. Easements shall be provided by the developer to the Town for off-site drainage facilities, as well as for on-site facilities. All flows shall be discharged in a non-erosive manner, and shall meet the established regulations governing storm water quality. The developer shall pay for the cost of all drainage improvements required, including any necessary off-site channels or storm sewers and acquisition of the required easements. If it is anticipated that additional runoff caused by the development will overload any existing downstream drainage facility, whether natural or improved, and result in hazardous conditions, approval of the improvements for the proposed subdivision may be withheld until appropriate provision has been made to accommodate the problem. If existing capacity is not available downstream and property damage could occur, the owner or developer shall provide a drainage system or detention facility to mitigate the deficiency. In any case, a letter of acknowledgement shall be obtained from the downstream property owner indicating that the downstream property owner is aware of proposed drainage improvements impacting drainage on or to said owner's property. 2.2.2 Platting/Dedication of Easements for Drainage Facilities Property developments containing Floodway Easements, Detention Easements, or Drainage Easements shall include on the face of the plat standard language addressing these easements as directed by the Town. Placement of any fill or property development is prohibited in the 100-year floodplain (whether so designated by FEMA or as determined locally) except as allowed in accordance with FEMA regulations and the Town of Trophy Club ordinances. Easements for drainage facilities shall be designated as follows: A. Floodway Easements Floodway Easements are to be used for open streams and channels, both Town of Trophy Club 2-6 6 natural and man-made. These easements will be maintained by the property owner or neighborhood association. B. Drainage Easements Drainage Easements shall be used for man-made storm drain systems and drainage structures. C. Detention Area Easements Detention basins shall be maintained in Detention Area Easements. Detention basins shall be maintained by the property owner or Home Owner’s Association. D. Access Easement All Floodway Easements, Detention Area Easements, and Drainage Easements shall include provisions for adequate access for maintenance such as dedicated and maintained Access Easements. These shall be sufficient to provide ingress and egress for maintenance. Access Easements are needed only when the area to be maintained does not border a public right-of-way. 2.2.3 Drainage Facility Easements The owner or developer shall provide all necessary drainage facility easements as defined above and as required for drainage structures, including storm drains, channels and streams. Easements shall be required in all upstream and downstream off-site locations where construction of drainage improvements is proposed or required. Minimum drainage easement widths for storm drain pipe shall be as follows: Storm Drain Diameter Min. Easement Width ≤48” 15’ >48” 20’ Storm drains deeper than ten (10) feet as measured from flowline to ground surface shall add an additional two (2) feet easement width for each foot of depth greater than ten (10) feet. Box culverts shall have a minimum easement width equal to the width of the culvert plus twenty (20) feet. Drainage easement widths for open channels shall be at least twenty (20) feet wider than the top of the channel that contains the runoff from the design storm, fifteen (15) feet of which shall be on one side to serve as access for maintenance purposes. An easement at least twenty (20) feet wide shall also be provided for the required access ramp(s). Town of Trophy Club 2-7 7 Drainage easements shall extend at least twenty-five (25) feet downstream of the outfall headwall and shall encompass all permanent facilities, including rock rip-rap. Drainage easements shall be provided where grading is required to establish positive slope from storm drainage system discharges to natural grade. Drainage easements shall be dedicated to encompass the limits of the 100-year fully developed floodplain. Off-site drainage easements shall be included in the record drawings submittal, prior to acceptance of the subdivision. These easements shall be shown on 24” x 36” or 22” x 34” sheets, to follow the signed and filed plat. Drainage easements are required to allow access for maintenance and repairs, and to prevent property owners from making modifications that would compromise the function of the system. However, the property owner is responsible for all necessary maintenance of the easement (excluding structures such as pipes, headwalls, etc.). 2.2.4 Development in Floodplains It is the policy of the Town of Trophy Club to limit development or fill in the 100-year floodplain. Development or fill within the limits of the floodplain will require engineering analysis that shows the development or fill causes no rise in the 100-year water surface elevation except as allowed by current FEMA and Trophy Club regulations. Refer to the current floodplain management ordinance for further details. 2.3 DRAINAGE DESIGN STANDARDS 2.3.1 Design Storm Frequency All drainage facilities shall be designed based on runoff from the design storm as indicated below, assuming that the entire contributing drainage area is fully developed. The Town of Trophy Club Land Use Plan and Zoning Map shall be used to identify the anticipated makeup of undeveloped areas. All open and closed drainage systems shall be designed to provide positive overflow and protection of all public and private property during a storm event having a 100-year recurrence interval, regardless of the design storm frequency of a particular drainage facility. Town of Trophy Club 2-8 8 DRAINAGE FACILITY DESIGN STORM FREQUENCY Closed Storm Sewer Systems 5-year Closed Systems at Street Low Point or Sag 25-year with positive overflow Culverts and Bridges* 100-year Channels** 100-year *Bridges shall have minimum 2’ freeboard. **Channels shall have minimum 1’ freeboard. 2.3.2 Runoff Calculations Design flow of storm water runoff is to be calculated using the Modified Rational Method for storm drainage systems serving a drainage area less than two hundred (200) acres. This method will primarily be used for the design of storm drainage systems and small channels. Runoff from drainage areas larger than two hundred (200) acres will be determined using a unit hydrograph method. 2.3.2.1 Modified Rational Method The Rational Method is based on the direct relationship between rainfall and runoff, and the method is expressed by the following equation: Q = CACIA where: Q = the storm flow at a given point in cubic feet per second (cfs) CA = Antecedent precipitation factor that varies with recurrence interval (see values below). RECURRENCE INTERVAL (Years) CA 2 to 10 1.00 25 1.10 50 1.20 100 1.25 C = a coefficient of runoff representing the ratio of rainfall to peak runoff. Typical values for C in the Town of Trophy Club may be found in Table 2 of this Manual. I = the average intensity of rainfall in inches per hour for a period equal to the time of flow from the uppermost point of the drainage area to the point under consideration. The Rainfall Intensities for use in the Town of Trophy Club may be found in Table, Denton County Rainfall Intensities. A = the area contributing to the point of design, in acres. Town of Trophy Club 2-9 9 The size and shape of the watershed must be determined for each design point. The area of each watershed may be determined through the use of planimetric-topographic maps of the area, and supplemented by field surveys in areas where topographic data has changed or where the contour interval is insufficient to adequately determine the direction of flow. Town of Trophy Club topographic maps will be used to delineate off- site drainage areas. Drainage areas within the development will be delineated based on field-surveyed topo. The outline of the drainage area contributing to the system being designed and an outline of the sub-drainage area contributing to each inlet point shall be determined and shown on the drainage area map. Drainage areas shall conform to the natural topography of the watershed contributing to the proposed storm drainage facilities. Where discharge toward off-site adjacent property is redirected, concentrated, or discharged at a new location, the developer shall obtain a written acknowledgement from the downstream property owner or any other property owner who may be adversely affected. No diversion of drainage from one watershed to another shall be permitted without the express written approval of the Public Works Director. When calculating the quantity of storm water runoff, rainfall intensity will be determined from the rainfall intensity-duration-frequency values, shown in Table 1. Runoff coefficients, as shown in Table 2, shall be the minimum used, based on full development under current Town of Trophy Club zoning regulations. Larger coefficients may be used if considered appropriate to the project by the Town Engineer. For small drainage areas, roadways, land uses other than those listed in Table 2, and miscellaneous land uses like parks, schools, planned developments, etc., where the designated runoff coefficient is not representative, a composite runoff coefficient shall be calculated, using 0.30 for pervious areas and 1.00 for impervious areas. Town of Trophy Club 2-11 11 TABLE 2 RUNOFF COEFFICIENTS HYDROLOGIC SOIL GROUPS Type of Land Use A B C D Parks or Open Areas 0.35 0.37 0.39 0.41 SF Residential (Min. 7200 SF lots) 0.50 0.52 0.55 0.58 SF Residential (Min. 6000 SF lots) 0.60 0.63 0.66 0.70 Industrial 0.65 0.68 0.72 0.76 Multi-Family 0.65 0.70 0.77 0.80 Commercial 0.65 0.71 0.87 0.90 Mercantile 0.95 0.96 0.98 1.00 2.3.2.2 Time of Concentration The time of concentration is defined as the longest time, without unreasonable delay, that will be required for water to flow from the upper limit of a drainage area to the design point under consideration. The time of concentration to any point in a storm drainage system is a combination of the “inlet time” and the time of flow in the drain. The inlet time is the time for water to flow overland to the first storm drain inlet in the proposed drainage system. The time attributable to overland flow may be calculated using the graphical method shown on Figure 1. Shallow concentrated flow can occur on unpaved areas such as yards, parks, or other open space, on paved areas such as parking lots, or in street gutters. These three cases are represented in Figure 2 that can be used to determine the average flow velocity. This velocity can be used with the length of flow to determine the time of flow. The maximum allowable length of shallow concentrated flow is one thousand (1,000) feet. Beyond this distance, the velocity of flow should be calculated for the specific pipe or channel that conveys the flow. Town of Trophy Club 2-14 14 2.3.2.3 Unit Hydrograph Methods Runoff from drainage areas larger than two hundred (200) acres will be determined using the Snyder Unit Hydrograph method or SCS method. These method can be implemented by using the Corps of Engineers’ HEC-1 or HEC-HMS computer programs. Other software may be used only with the approval of the Town Engineer. The rainfall duration must be large enough to capture all excess rainfall as well as provide reasonable runoff volumes when performing storage analyses. Rainfall depths for greater than 60 minute durations shall be based on TP-40, and for less than 60 minute durations on HYDRO-35. Computation intervals shall be not greater than 15 minutes. The effects of urbanization should be reflected in the precipitation loss rates. The Soil Conservation Service (SCS) curve number method may be used in this way. Suitable curve numbers for various urban land uses have been published in TR-55. Routing, when appropriate, shall use the Modified Plus methodology. Reach lengths shorter than the computation interval should not incorporate routing. 2.3.3 Street Capacities Street capacities shall be calculated as open channels using Manning’s equation. Figure 3 provides a graphical solution for the capacity of triangular gutters. For any divided collector street in the Town of Trophy Club, one ten-foot lane in each direction shall remain clear during the five-year storm. For all undivided collector streets, one ten-foot lane shall remain clear during the five-year storm. Local residential streets shall accommodate the five-year storm within the curbs. Inlets shall be provided where the flow in the street exceeds the above limits. 2.3.4 Valley Gutters The use of valley gutters to convey storm water across a street intersection is subject to the following criteria: A. A divided major collector street shall not be crossed with a valley gutter. B. An undivided collector street shall not be crossed with a valley gutter unless approved by the Town Engineer. Town of Trophy Club 2-16 16 2.3.5 Flow in Gutters and Inlet Locations Storm drain conduit and inlets shall begin at the point where the depth of flow based on the 5-year storm frequency reaches the height of the top of curb. Inlets are then to be located as necessary to maintain that maximum depth of flow. If, in the judgment of the Town Engineer, the flow in the gutter would be excessive under these conditions, consideration should be given to extending the storm sewer to a point where the gutter flow can be intercepted by more reasonable inlet locations. Multiple inlets at a single location are permitted in extenuating circumstances, to a maximum of twenty (20) feet. Where possible, inlets should be placed upstream from an intersection to prevent large amounts of water from running through intersections. Inlets should also be located on the lower traffic volume street at an intersection where necessary to prevent water from entering these intersections in amounts that would cause the allowed street capacity to be exceeded. In the case of parking lots, the preferred practice will be to intercept the water before it enters the street gutter, subject to the limitations of Section 2.3.3. Inlets shall be placed at intersections such that the beginning of the inlet transition does not fall within the curb return radius. Recessed curb inlets shall be used only on major collector streets. Standard (non- recessed) curb inlets shall be used on all other streets. Where water is conveyed from a street directly into an open channel, it shall be conveyed through an approved type of curb inlet or flume, and not through a curb cut. Curb inlets and drop inlets can be used to divert runoff to the storm sewer system. Selection of the type of inlet depends on the location and conditions, and is at the discretion of the design engineer, subject to approval by the Town Engineer. Positive overflow shall be provided at all low points. Positive overflow shall refer to a means for safely conveying excess flow overland when underground storm drainage systems do not function properly or their capacity is exceeded. Such overflow shall be in a public right-of-way or dedicated easement. Calculations may be required to demonstrate the capacity of the overflow provisions. Minimum finish floor elevations adjacent to such overflows shall be no less than 12” above the overland flow water surface elevation. Town of Trophy Club 2-17 17 2.3.6 Inlet Sizing Under normal conditions, the minimum curb inlet size shall be ten (10) feet. Standard inlet sizes will be in increments of five (5) feet to a maximum of twenty (20) feet. Calculations for all inlets shall be submitted to the Town Engineer for review. The following equations may be used to compute inlet capacity. 2.3.6.1 Inlets on Grade The capacity of a curb inlet on grade may be expressed by the following equation: Q = 0.7[L0/(H1-H2)][H15/2 – H25/2] Where: Q = Discharge into inlet in cfs. L0 = Length of inlet opening in feet. H1 = H2 + y0. H2 = Gutter depression in feet. y0 = Depth of flow in approach gutter in feet. Figure 4 may also be used to determine on grade inlet capacity. 2.3.6.2 Inlets in Sump The capacity of inlets in sump may be expressed by the following equation: Q/L0= 3y3/2 Where: Q = Capacity of curb opening in cfs. L0 = Length of inlet opening in feet. y = Depth of flow at inlet in feet. Figure 5 may also be used to determine capacity of sump inlets. Town of Trophy Club 2-20 20 2.3.7 Hydraulic Design of Closed Conduits After completing the computations of the quantity of storm runoff entering each inlet, the size and gradient of pipe required to carry the design storm are to be determined. All hydraulic gradient calculations are required to begin at the outfall of the system. The following is the criteria for the starting elevation of the hydraulic gradient: A. The 100-year water surface elevation in a creek, stream, or other open channel is to be calculated for the time of the peak pipe discharge in the same storm and that elevation used for beginning the hydraulic gradient. B. When a proposed storm sewer is connected to an existing storm sewer system, the hydraulic gradient for the proposed storm sewer should start at the elevation of the existing storm sewer’s hydraulic gradient. All closed conduits shall be hydraulically designed for full flow through the use of Manning’s equation (below or from Figure 9): Q = 1.486 AR2/3 Sf ½ n where: Q = flow (cfs) A = cross sectional area of conduit or channel (sq. ft.) V = velocity of flow in conduit (fps) n = roughness coefficient of the conduit or channel (see Table 2) R = hydraulic radius, the area of flow divided by the wetted perimeter. (R = A/P) Sf = friction slope (ft./ft.) P = wetted perimeter TABLE 3 MANNING’S ROUGHNESS COEFFICIENTS “n” FOR STORM DRAINS Materials of Construction Manning’s Coefficient Monolithic Concrete Structure 0.015 Concrete Pipe Good alignment, smooth joints 0.013 Fair alignment, ordinary joints 0.015 Poor alignment, poor joints 0.017 High Density Polyethylene Pipe (HDPE) 0.012 The hydraulic grade line (HGL) shall be designed to be at least two (2) feet below the Town of Trophy Club 2-21 21 top of curb elevation. Where this is not possible, the hydraulic gradient shall be at least 1.5 V2/2g below the gutter line, where V is the velocity in the lateral. Once the HGL is set, the depth and slope of the pipe may be determined. The pipe shall be located so that the inside top of the pipe is at or below the HGL and at or above the minimum slope shown in Table 4. In some situations, generally at the upstream end of a pipe system, the inside top of the pipe may be above the HGL, which results in partial flow. In such cases, the pipe capacity and velocity shall be calculated at normal depth, neglecting minor losses. The HGL shall be shown in the profile on the plans for all storm drain lines, including inlet leads. TABLE 4 MINIMUM GRADES FOR STORM DRAINS Pipe Size (inches) Concrete Pipe Slope Ft./Ft. (n = 0.013) High Density Polyethylene Pipe Slope Ft./Ft (n = 0.012) 18 0.00177 0.00151 21 0.00144 0.00123 24 0.00121 0.00103 27 0.00103 0.00088 30 0.00090 0.00076 33 0.00079 0.00067 36 0.00070 0.00060 39 0.00063 0.00054 42 0.00057 0.00049 45 0.00052 0.00044 48 0.00048 0.00041 54 0.00041 0.00035 60 0.00036 0.00030 66 0.00031 0.00027 72 0.00028 0.00024 78 0.00025 0.00021 Closed drainage system conduit shall be reinforced concrete pipe (RCP), high density polyethylene pipe (HDPE), or reinforced concrete box sections. HDPE pipe will not be permitted within public right-of-way. The minimum slope of a pipe or box section should be capable of producing a velocity of at least 2.5 feet per second when flowing full. Table 3 gives the minimum slopes for storm drain pipes based on this criterion. Town of Trophy Club 2-22 22 From the time storm water first enters the storm drainage system at the upstream inlet until it discharges at the outlet, it will encounter a variety of structures such as inlets, manholes, junctions, bends, and enlargements that will cause minor head losses. In general, these minor losses can be expressed as a function of velocity head. Figure 9 shows the various cases and the method of computing the associated minor head loss. The minimum head loss permitted shall be 0.1’. In other words, “head gains” will not be recognized. The minimum storm sewer pipe diameter shall be 18-inches. Pipe sizes shall not decrease in the downstream direction. The junction of in-line pipes of different diameters shall be made such that the crowns (inside tops or soffits) are at the same elevation. When lateral pipes connect to trunk mains, they shall be connected with the center of the lateral matching the center of the trunk main. Where a storm sewer system discharges into a lake, the outside top of the pipe shall be set below the normal pool of the lake. The impact on tailwater from fluctuations in the lake level should be considered in designing the pipe system. Where storm sewers discharge into channels or streams, adequate measures must be taken to control erosion using concrete headwalls, rock riprap, and/or other means as necessary. Storm drain junction boxes are needed for access to underground storm sewers for inspection and cleanout. Junction boxes should be located at junctions with other storm drain main lines, and at abrupt changes in alignment or grade. For pipes 27 – inches to 48 - inches, junction boxes or other access points shall be located at intervals not to exceed eight hundred (800) feet. For pipe larger than 48 – inches, the manholes or junction boxes shall be at intervals not to exceed twelve hundred (1200) feet. They shall be located at intervals not to exceed four hundred (400) feet for pipes 24-inches in diameter or smaller. Town of Trophy Club 2-24 24 A junction box with appropriate frame and lid should be provided for the following storm drain sizes. When the storm drain pipe diameter is 39-inches or less, a four (4) foot square junction box should be provided. When the storm drain pipe diameter is greater than 39- inches up to 48-inches, a five (5) foot junction box should be provided. When the storm drain pipe is greater than 48-inches or is a box culvert, a minimum six (6) foot square junction box or a specially designed junction box should be provided. The invert of the junction box should be rounded to match the inverts of the pipes entering the junction box in order to reduce eddying and resultant head losses. The invert should be rounded to a minimum depth equal to the design flow depth. At junctions with other storm drain main lines, the maximum interior angle of intersection of pipes in the junction box shall be ninety degrees (90°), measured with respect to the upstream side of the main. Storm sewers will typically be located in the center of the roadway. Storm sewers should be straight between junction boxes where possible. Where curves are necessary to conform to street layout, the radius of curvature should not be less than one hundred (100) feet. Short radius bends at junction boxes should rarely be necessary because pipe alignments usually follow street alignments. The minimum radius of curvature should not be less than the pipe manufacturer's recommendation, which must be provided as documentation. Head losses must be calculated for bends and curves as shown on Fig. 9. A headwall shall be constructed at the outfall of any storm drainage system. If the outlet velocity exceeds the maximum permissible velocity for the channel (see Table 5), erosion protection or energy dissipation is required. Erosion protection shall consist of concrete and/or gabion channel improvements, or an apron of grouted rock riprap between the storm sewer headwall and the channel. The apron shall be a length equal to 8 times the diameter of the discharge pipe. The width of the apron shall vary from a width of three times the diameter of the discharge pipe at the discharge point to a width equal to the diameter plus half the length of the apron or the width of the channel, whichever is greater. Other methods may be used to calculate apron dimensions if approved by the Town Engineer. Town of Trophy Club 2-27 27 2.3.8 Open Channels If the outlet velocity of an improved channel discharging into an existing channel exceeds the maximum permissible velocity for the existing channel, erosion protection is required. This protection shall consist of a channel reach of rock riprap or other energy dissipation measures between the end of the improved channel and the existing channel. The dimensions and median stone diameter of the energy dissipation reach shall be specified as required to protect the channel from erosion. Freeboard is the height of the improved channel above the designed water surface. Minimum freeboard shall be one (1) foot, and additional freeboard must be provided to accommodate super elevation or other factors causing a rise in the water surface. Super elevation of the water surface must be determined at horizontal curves in order to properly specify freeboard. The minimum radius of curvature shall be not less than three times the top width for improved channels in a sub-critical flow regime, unless detailed calculations indicate a smaller radius can be used without causing excessive velocities, shear stresses, or waves on the outside of the channel. For waterways included in the Flood Insurance Study (FIS), flood elevations shall be determined by the same methodology as used in the FIS, unless other methods are approved by the Town Engineer. Should other methods be approved, such as HEC-RAS, the results of the modeling must be compared with and reconciled with the FIS results. The hydraulic effects of flood plain encroachments shall be evaluated over a full range of frequencies from the 10-year through 500-year storm event. The composite roughness coefficient should account for the sediment and debris that could accumulate in the channel. The roughness coefficients shown in Table 4 are minimum and should be increased at the discretion of the design engineer to account for expected conditions. If the possibility exists that high bed loads or debris can accumulate in the channel, the 'n' factor should be adjusted or other measures taken to ensure that flow shifts from super-critical to sub-critical will not cause flooding. All channels shall be designed to operate in sub-critical conditions except at hydraulic jumps, such as at culverts, bridges and drop structures, and shall be designed for stable flow (Froude number less than 0.90). All instances of super-critical flow, or places where flow passes through critical depth, shall be lined to prevent scour and erosion. Channels shall be designed to convey the 100-year storm, assuming fully developed watershed conditions, with one (1) foot of freeboard to the top of channel bank. Maximum allowable channel velocities shall be as shown in Table 5; however, good engineering judgment may indicate that lower velocities are necessary in specific Town of Trophy Club 2-28 28 situations. Drop structures, if needed to provide grade control and maintain sub-critical flow, must be constructed of reinforced concrete lining or gabion structures. The roughness values and maximum velocities given in Table 5 should be used as a guide. Actual conditions may warrant use of alternate values. Any deviation from the values presented in Table 5 shall be approved by the Town Engineer before being used for design. Documentation of 'n' values may be required by the Town Engineer for conditions not listed in Table 5. Town of Trophy Club 2-29 29 TABLE 5 ROUGHNESS COEFFICIENTS FOR OPEN CHANNELS Roughness Coefficient Channel Description Minimum Normal Maximum Maximum Velocity MINOR NATURAL STREAMS Moderately Well-Defined Channel Grass and Weeds, Little Brush 0.025 0.030 0.033 8 Dense Weeds, Little Brush 0.030 0.035 0.040 8 Weeds, Light Brush on Banks 0.030 0.035 0.040 8 Weeds, Heavy Brush on Banks 0.035 0.050 0.060 8 Weeds, Dense Willows on Banks 0.040 0.060 0.060 8 Irregular Channel with Pools and Meanders Grass and Weeds, Little Brush 0.030 0.036 0.042 8 Dense Weeds, Little Brush 0.036 0.042 0.048 8 Weeds, Light Brush on Banks 0.036 0.042 0.042 8 Weeds, Heavy Brush on Banks 0.042 0.060 0.072 8 Weeds, Dense Willows on Banks 0.048 0.072 0.085 8 Flood Plain, Pasture Short Grass, No Brush 0.025 0.030 0.035 8 Tall Grass, No Brush 0.030 0.035 0.050 8 Flood Plain, Cultivated No Crops 0.025 0.030 0.035 Mature Crops 0.030 0.040 0.050 Flood Plain, Uncleared Heavy Weeds, Light brush 0.035 0.050 0.070 8 Medium to Dense Brush 0.070 0.100 0.160 8 Trees with Flood Stage below Branches 0.080 0.100 0.120 8 MAJOR NATURAL STREAMS The roughness coefficient is less than that for minor streams of similar description because banks offer less effective resistance. Moderately Well-Defined Channel 0.025 --- 0.060 8 Irregular Channel 0.035 --- 0.100 8 UNLINED VEGETATED CHANNELS Mowed Grass, Clay Soil 0.025 0.030 0.035 8 Mowed Grass, Sandy Soil 0.025 0.030 0.035 6 UNLINED NON-VEGETATED CHANNELS Clean Gravel Section 0.022 0.025 0.030 8 Shale 0.025 0.030 0.035 10 Smooth Rock 0.025 0.030 0.035 15 LINED CHANNELS Smooth Finished Concrete 0.013 0.015 0.020 15 Rip-rap (Rubble) 0.030 0.040 0.050 10 PAVEMENTS Concrete Pavement 0.015 0.017 0.020 Asphalt Pavement 0.015 0.015 0.017 2.3.9 Roadside Ditches Roadside ditches, where permitted, shall be designed to convey runoff from a 5-year storm. All roadside ditches shall be protected with sod, back sloping, and/or other bank protection designed and constructed to control erosion. Any earthen slopes shall have proper vegetative cover and shall be no steeper than three horizontal to one vertical (4:1). 2.3.3 Concrete Flumes Use of concrete flumes to convey storm water is strongly discouraged. The developer/design engineer must prove that there is no other feasible manner to convey water from the development and must receive approval from the Town’s Engineer . In the event flumes are permitted, they shall be conveyed in a public drainage easement with no discharge velocity greater than 6 fps. The outfall shall be designed to prevent downstream erosion or ponding of water. 2.3.10 Culverts A culvert is used to convey surface runoff through roadway embankments. Culverts shall be designed to convey the 100-year storm without overtopping the roadway. The culvert length shall be chosen to provide minimum three horizontal to one vertical embankment slopes. The culvert flowline shall be aligned with the channel bottom and the skew angle of the stream. The culvert skew shall not exceed forty-five degrees (45°) as measured from a line perpendicular to the roadway centerline without the approval of the Town Engineer. The allowable headwater is the depth of water that can be ponded at the upstream end of the culvert. The headwater shall be based on the design storm, and shall not increase the flood hazard of adjacent property. A minimum of one (1) foot of freeboard is required between the 100-year headwater, based on fully developed conditions, and either the top of curb or edge of pavement. Depending on the type of hydraulic operation, a culvert may function either under inlet control or outlet control. Inlet control exists when the barrel capacity exceeds the culvert inlet capacity and the tailwater is not high enough to control culvert operation. Headwater depth and entrance conditions control the culvert capacity. Outlet control exists when the culvert inlet capacity exceeds the barrel capacity, or the tailwater elevation is high enough to create a backwater condition through the culvert. The tailwater elevation and the slope, length and roughness of the culvert determine the culvert capacity. Both types of operation Town of Trophy Club 2-30 30 must be considered, and the culvert capacity will be based on the type of operation that yields the higher headwater of the two. Inlet control must not be assumed without the prior approval of the Town Engineer. Culvert calculations showing determination of headwater depth and type of control, inlet versus outlet, shall be provided to the Town Engineer. If computer models, such as HYDRAIN and HY8, are used for this task, appropriate input and output data may be submitted. If the culvert is being analyzed as part of a stream or waterway, which is being modeled using a water surface profile program such as HEC-2 or HEC-RAS, then the water surface profile model being used may be used to analyze the culvert. The tailwater shall be determined for the design discharge, based on the hydraulic conditions of the downstream channel. Open channel flow methods should be used for this analysis. A headwall or wingwalls and apron shall be constructed at both ends of all culverts except driveway culverts. For small culverts (30" in diameter or less), a sloped end section or a sloped headwall may be specified. Current TxDOT specifications shall be used for end treatments. Headwalls are not required for driveway culverts less than or equal to 30” diameter. If the outlet velocity exceeds the maximum permissible velocity for the channel (see Table 5), the exit velocity may be mitigated with either channel improvements for erosion protection or energy dissipation. Erosion protection may consist of an apron of rock riprap between the storm sewer headwall and the channel. The apron length, width, and median stone diameter shall be specified as required to protect the channel from erosion. The minimum velocity in the culvert barrel shall be 2.5 feet per second in a 5-year storm. Maximum allowable velocity in the culvert is 15 feet per second in a 100-year storm. However, downstream conditions will generally impose more stringent limits. The minimum culvert diameter shall be eighteen (18) inches. Culvert material shall be limited to reinforced concrete unless approval is obtained from the Town Engineer for alternate materials. 2.3.11 Bridges Bridges shall be designed to span the entire stream or channel without restricting flow. To the extent possible, bridges will span streams and channels at a ninety-degree (90°) angle. Flow hydraulics through the bridge shall be modeled using HEC-2 or HEC-RAS. Bridges Town of Trophy Club 2-31 31 shall be designed so that the lowest point of the bridge, the low chord, will be a minimum of two (2) feet above the 100-year water surface elevation, assuming fully developed upstream conditions. 2.3.12 Detention Facilities Storm water runoff attributable to new development must not exceed the capacity of the downstream drainage system until it reaches a recognized watercourse. If no downstream drainage system exists, increased storm water runoff must not adversely affect adjoining property. In cases where the proposed runoff would exceed the capacity of downstream facilities, detention will be required. Permanent impoundments of water shall be constructed in such a way that negative effects on aesthetics, function, flooding, health, and safety are minimized. Such improvements shall be allowed at the discretion of the Town Engineer. The Developer shall be responsible for all necessary permitting required by the TCEQ for impounding public water. The Town Engineer may require calculations and/or other documentation that no negative impact is created. All storage facilities serving drainage areas greater than fifty (50) acres shall be designed and analyzed using reservoir routing of an inflow hydrograph. The software program or computational method must be approved by the Town Engineer. The analysis should consist of comparing the design flows at a point or points downstream of the proposed storage site with and without storage. Design calculations shall show the effects of the detention facility in each of the 5, 10 and 100-year storm events. This may require the use of multi-stage control structures. The detention facility shall be designed to provide the required detention for all of the above-listed frequencies. Detention storage facilities serving drainage areas smaller than fifty (50) acres may use the Modified Rational Method for storage calculations. Sample calculations using this method are shown in the Appendix. All calculations must be provided to the Town Engineer for review. Detention facility embankments shall be designed to provide a minimum freeboard of one (1) foot above the 100-year storm water elevation. Certain impoundments are subject to State of Texas regulations. The potential for the impact of sedimentation on the detention facility should be evaluated. A means of access for maintenance of the facility shall be provided. The outlet control structures for storage facilities typically include a principal outlet and an emergency overflow. The principal outlet functions to restrict the outflow and cause the Town of Trophy Club 2-32 32 runoff to use the available storage volume. The principal outlet shall be designed to accommodate the multiple frequency storms listed above while maintaining the minimum freeboard of one (1) foot. The emergency overflow shall be paved, or otherwise protected from erosion and provide positive overflow. The outlet control structure may be drop inlets, pipes, culverts, weirs, or orifices. Checks should be made to determine if the outlet structure is controlled by weir or orifice flow. The tailwater on the structure could significantly affect its capacity. The engineer should carefully evaluate the tailwater depth. For detention facilities in a series, the lower facility should not cause inundation of the upper outlet control structure. The calculation of the hydraulic capacity for outlet control structures is based on the type of structure used. See a standard hydraulic text. All Texas National Resource Conservation Commissions’ (TNRCC) requirements for impoundment and dam safety shall apply. These requirements relate to both the size and the hazard classification of the embankment. Copies of all materials submitted to TNRCC for permitting, along with the TNRCC permits, must be submitted to the Town Engineer. 2.4 STORM WATER POLLUTION PREVENTION All construction activity, regardless of size, shall comply with the Town’s ordinance and TEEQ regarding “Storm Water Quality Best Management Practices for Construction Activities” Manual (BMP’s). 2.5 CONSTRUCTION PLAN REQUIREMENTS All construction plans prepared for construction of public works or private development drainage facilities shall be sealed by a Professional Engineer who is registered in the State of Texas and is experienced in civil engineering work. Plans shall include the following information in addition to those items included on the checklist in the Appendix of this Manual. 2.5.1 Drainage Area Maps Generally, a map having a scale of one (1) inch equals one hundred (100) feet is suitable unless dealing with large off-site drainage areas. Off-site drainage areas may be shown at a smaller scale. The Town Engineer may require a larger scale if necessary to depict the necessary information in a readable format. The drainage area map shall show the boundary of all drainage areas contributing runoff into the proposed system. The area shall be further divided into sub-areas to determine flow Town of Trophy Club 2-33 33 concentration points or inlet locations. Drainage area maps shall show streets, zoning, zoning boundaries, existing ground on one (1) or two (2) foot contours and a hydrologic summary table showing drainage area calculations for both existing and proposed conditions. Direction of flow within streets, alleys, natural and man-made drainage ways, and at all system intersections shall be clearly shown on the drainage area map or paving plans. This includes sags, crests and corners. All existing and proposed drainage facilities shall be clearly shown and differentiated on the drainage area map. All existing structures and improvements, such as streets, parking lots, buildings, etc. shall be shown on the drainage area map. Where detention is to be provided, the means for accommodating any increase in runoff due to the development shall be clearly depicted, including limits of proposed detention facilities and/or downstream improvements. The drainage area map shall also identify the means for handling runoff that is conveyed to or through the site from upstream. The appendix includes sample calculation forms that depict the information required and the format in which it is to be displayed. While the format shown is not required, use of such format will expedite review by the Town of Trophy Club. Additional information not included on the sample forms may be necessary to adequately address the particular conditions of a given project. Calculations shall be provided showing the capacity of all inlets, pipes and other drainage structures. All calculations must be shown on the construction plans. 2.5.2 Grading Plans Grading and drainage plans shall be prepared for all proposed developments, and shall show in detail the proposed grading and the proposed drainage patterns. Existing and proposed contours at one (1) foot intervals shall be shown on all commercial and industrial developments. Grading plans for residential developments shall show existing contours at one (1) foot intervals, and shall depict proposed grading by the use of spot elevations and flow arrows. Spot elevations shall be shown at the top of the curb adjacent to each lot line, and adjacent to each building corner as well as the upper end of each swale. The grading plan shall clearly show swales, ditches and other means of conveying storm water runoff across the proposed site. Finish floor elevations shall be shown, and flow arrows used to indicate flow patterns. In residential developments, storm water may not cross more than one lot before being discharged to a street, alley, channel or other public storm drainage facility. In all other developments, concentrated storm water may not be discharged to an adjacent property (other than a recognized watercourse) except in a dedicated easement and an Town of Trophy Club 2-34 34 approved storm drainage system. Runoff from adjacent lots or properties must be collected and conveyed in an easement rather than across lots. Positive overflow shall be provided at sump or low point inlets. Minimum finish floor elevations adjacent to such overflows shall be no less than 12” above the overland flow water surface elevation, with positive drainage provided away from the building. Minimum finish floor elevations shall be set at least two (2) feet above the 100-year base flood elevation of any adjacent stream for which base flood elevations have been set as depicted on the most current Flood Insurance Rate Map. 2.5.3 Storm Drainage Plans Storm drain plans shall include the following in addition to all items specified in the plan checklist: y Plan and profile sheets at a scale not greater than 1"=50' horizontally, and 1"=5' vertically. The storm drainage system shall be shown on separate sheets from the paving plans. y Detailed geometry to facilitate construction, including stations at all junctions, structures, pipe size changes, inlets, and all changes in direction, including PC's, PT's, and PI's, along with complete curve data. y Surface flow arrows shall be shown at all intersections and high points. y Storm drain pipes shall generally be located in the center of the roadway. y Junction boxes shall be constructed at all pipe intersections except inlet lead lines. y Storm drain pipe shall be reinforced concrete pipe (RCP) in all public right-of-ways. Other pipe materials may only be used with the approval of the Town Engineer. y Where multiple inlet leads intersect the main at the same or similar station, a junction box shall be constructed. y All property lines, right-of-way lines, and easements shall be shown, and the storm drain facilities tied to these as appropriate. y All existing and proposed utilities shall be shown in the plan view, and in the profile view where such information is available. y Profiles shall include existing ground line at the center of the proposed storm drain, proposed ground line at the center of the proposed storm drain, hydraulic grade line (HGL) for the design storm with HGL elevations at each junction, end of pipe, and pipe size change. Pipe flowline elevations shall be shown at fifty (50) foot intervals along the pipe. The size, length and slope of each pipe shall be shown, along with the runoff to be conveyed (Q required), the capacity of the pipe at full flow (Q provided), and the velocity at the design Q . y The hydraulic grade line shown shall include all minor losses (losses from inlet leads may be omitted) at appurtenances. Town of Trophy Club 2-35 35 y The starting (downstream) elevation of the hydraulic grade line shall be based on downstream conditions. Determination of this starting elevation must be documented. y Indicate the size and type of inlet, top of curb elevation, flowline elevation, and lead line size and slope. All inlet laterals shall be shown in profile in the plans and shall show the HGL. y All storm drain pipe connections shall match at the crowns of the pipe. Laterals shall connect to the main such that the center of the lateral matches the center of the main. y Specify and provide details for required backfill and embedment, using NCTCOG backfill requirements. y Identify erosion protection measures for storm drain outfall structures, where required. y Identify benchmarks, including at least one Town of Trophy Club benchmark. y Inlet leads shall connect to the main at a thirty-degree (30°) angle or greater (no connections greater than sixty degrees (60°) shall be permitted without a junction box. No connections greater than ninety degree (90°) will be permitted. y Applicable Town of Trophy Club Standard Construction details shall be included in the construction plans. Modifications to these standard details may be made only with the approval of the Town Engineer. 2.4.5 Channel Plans y Plan and profile sheets at a scale not less than 1"=50’ horizontally, and 1"=5' vertically. y Detailed geometry to facilitate construction, including stations at all junctions, structures, and all changes in direction, including PC's, PT's, and PI's, along with complete curve data. y All property lines, right-of-way lines, and easements shall be shown, and the channel facilities tied to these as appropriate. y All existing and proposed utilities shall be shown in the plan view, and in the profile view where such information is available. y Profiles shall include existing ground line at the center of the proposed channel, proposed ground line at the center of the proposed channel, proposed right and left top of bank, 100-year water surface elevation, and flowline elevations at each structure, grade change, etc., as well as at 50-foot intervals along the channel. y The runoff to be conveyed (Q required), the capacity of the channel at full flow (Q provided), and the velocity at Q100 shall be shown. y Identify erosion protection measures for storm drain outfall structures. y A typical section(s) shall be depicted on the plans, showing bottom width, side slopes, lining (if applicable), depth, etc. y Earthen channels shall have side slopes no steeper than 4:1. Town of Trophy Club 2-36 36 y Actual cross sections shall be shown at no less than 100-foot intervals. y Specify compaction requirements where fill must be placed. 2.5.4 Detention/Retention Facilities y Show all hydrologic, routing, storage and outlet calculations. The Modified Rational method may be used for drainage areas less than fifty (50) acres. For larger drainage areas, a unit hydrograph method that employs reservoir routing calculations must be used. y Provide detailed plans showing all aspects of the outlet structure(s), along with hydraulic calculations of the outlet(s). y Grading plans must be provided for the facility. The bottom slope shall be a minimum 2% towards the outlet structure, and a concrete pilot channel shall be provided through the pond for low flows. y Show downstream conditions and provide information that shows the effect of the discharge on downstream properties and/or structures. y Show adequate erosion control measures at outlet structure(s). y Show normal pool elevation, 5-year, 25-year, 50-year and 100-year pool elevations, and overflow facilities. y Show existing and proposed contours to depict slopes of embankments. The maximum slope of embankments shall be 4:1. y Show emergency overflow provisions. 2.5.6 Storm Water Pollution Prevention Plans y Storm Water Pollution Prevention Plans shall be prepared and sealed by a registered professional engineer. The engineer shall attest that the SWPPP fully complies with the requirements of this manual and with TCEQ requirements. y Contours or other indication of flow direction shall be shown on the plan. y Show the location of all structural sediment control measures. y Erosion and sediment control calculations must be shown on the SWPPP. y Stabilization measures must be identified. y Maintenance and inspection procedures must be outlined. y Project sequencing and/or phasing must be identified. y Both construction (Stage 1) and post-construction (Stage 2) conditions shall be shown. Town of Trophy Club 2-37 37 2.6 SUBMITTAL REQUIREMENTS Any information that is submitted to the Town Engineer's office for review shall be accompanied by a completed copy of the checklist found in the Appendix of this Section. The checklist is intended as an aid to those submitting drainage information for review. A completed checklist will minimize the need for additional information to complete a proper technical review by the Town. The items shown on the checklist should be considered minimum requirements for plan submittal. 2.7 REGULATORY ISSUES 2.7.1 U.S. Army Corps of Engineers 404 Permits The U.S. Army Corps of Engineers (USACE) has been directed by Congress under Section 404 of the Clean Water Act (33 USC 1344) to regulate activities impacting all waters of the United States, including wetlands. The USACE has developed a permitting process to ensure compliance with the Clean Water Act. Developers will be expected to ensure that all requirements of the Clean Water Act are met. The Town of Trophy Club assumes no responsibility for the compliance of the Developer with this or any other Federal regulations. However, the Developer should be aware that under current regulations, many of the streams within the Town of Trophy Club are likely to be considered jurisdictional waters by the USACE. As a result, permitting will likely be required for any projects impacting these streams by fill, excavation, utility crossings or roadway crossings. In many cases, these permits carry significant compensatory mitigation requirements to offset losses of jurisdictional waters and their associated habitat. 2.7.2 EPA Phase II Storm Water Issues Construction activities in Town of Trophy Club are subject to the Town’s ordinances and regulations associated with Phase II of the National Pollutant Discharge Elimination System (NPDES) program. Any activities that involve disturbance of more than one (1) acre must obtain a permit from the Town. The Town of Trophy Club will govern all activities. In the event the ordinance does not cover a particalar situation then the NCTCOG Best Management Practices (BMP's) will govern. Town of Trophy Club 2-38 38 2.8 NATIONAL FLOOD INSURANCE PROGRAM The Town of Trophy Club is a participant in the National Flood Insurance Program administered by the Federal Emergency Management Agency (FEMA). Copies of the Flood Insurance Rate Maps (FIRM) are available from the Town, for a fee, depicting the 100-year floodplain developed for insurance rating purposes. Floodplain management in the Town of Trophy Club is under the direction of the Town Engineer, who also functions as the Floodplain Administrator. Refer to the Floodplain Management Ordinance for further information. 2.9 Detention Basin Design Example GIVEN: A 25-acre site, currently agricultural use, is to be developed for retail use. The entire site is the drainage area of the proposed detention basin. DETERMINE: The maximum release rate and required detention storage, detention basin size and shape, and outlet structure configuration for the 5-, 25-, 50-, and 100-year events. SOLUTION: Step 1. Determine peak runoff rate prior to site development. This is the maximum release rate from site after development. Step 2. Determine inflow for storms of various durations in order to determine maximum volume required with release rate determined in Step 1. NOTE: Incrementally increase durations to determine maximum required volume. The duration with a peak inflow less than maximum release rate, or where required storage is less than storage for the prior duration, is the last increment. Present Conditions Q = CIA C = 0.30 Tc = 20 min. I100 = 7.0 in./hr. Q100 = 0.30 X 7.0 X 25 = 52.5 cfs (Maximum release rate) Future Conditions (Retail) Town of Trophy Club 2-39 39 C = 0.85 Tc = 15 min. I100 = 7.8 in./hr. Q100 = 0.85 X 7.8 X 25 = 165.8 cfs Check various duration storms: Qp = C x I x A 15 min. I = 7.8 Qp = 0.85 x 7.8 x 25 = 165.8 cfs 20 min. I = 7.0 Qp = 0.85 x 7.0 x 25 = 148.8 cfs 30 min. I = 5.8 Qp = 0.85 x 5.8 x 25 = 123.3cfs 40 min. I = 5.0 Qp = 0.85 x 5.0 x 25 = 106.3 cfs 50 min. I = 4.4 Qp = 0.85 x 4.4 x 25 = 93.5 cfs 60 min. I = 4.0 Qp = 0.85 x 4.0 x 25 = 85.0 cfs 70 min. I = 3.7 Qp = 0.85 x 3.7 x 25 = 76.5 cfs 80 min. I = 3.4 Qp = 0.85 x 3.4 x 25 = 70.1 cfs Maximum Storage Volume is determined by deducting the volume of runoff released during the time of inflow from the total inflow for each duration. Inflow = Storm duration x respective peak discharge x 60 sec./min. Outflow = Half of the respective inflow duration x control release discharge x 60 sec./min. 15 min. Storm Inflow 15 x 165.8 x 60 sec./min = 149,220 cf Outflow 0.5 x 30 x 52.5 x 60 sec./min = 47,250 cf Storage 101,970 cf 20 min. Storm Inflow 20 x 148.8 x 60 sec./min = 178,560 cf Outflow 0.5 x 35 x 52.5 x 60 sec./min = 55,125 cf Storage 123,435 cf 30 min. Storm Inflow 30 x 123.3 x 60 sec./min = 221,940 cf Outflow 0.5 x 45 x 52.5 x 60 sec./min = 70,875 cf Storage 151,065 cf 40 min. Storm Inflow 40 x 106.3 x 60 sec./min = 255,120 cf Outflow 0.5 x 55 x 52.5 x 60 sec./min = 86,625 cf Storage 168,495 cf Town of Trophy Club 2-40 40 50 min. Storm Inflow 50 x 93.5 x 60 sec./min = 280,500 cf Outflow 0.5 x 65 x 52.5 x 60 sec./min = 102,375 cf Storage 178,125 cf 60 min. Storm Inflow 60 x 85.0 x 60 sec./min = 306,000 cf Outflow 0.5 x 75 x 52.5 x 60 sec./min = 118,125 cf Storage 187,875 cf 70 min. Storm Inflow 70 x 76.5 x 60 sec./min = 321,300 cf Outflow 0.5 x 85 x 52.5 x 60 sec./min = 133,875 cf Storage 187,425 cf 80 min. Storm Inflow 80 x 70.1 x 60 sec./min = 336,480 cf Outflow 0.5 x 95 x 52.5 x 60 sec./min = 149,625 cf Storage 186,855 cf Maximum volume required is 187,875 cf at the 60 minutes storm duration for the 100-year storm. Step 3. Size the basin to contain the required volume for the 100-year storm while maintaining minimum slope and freeboard requirements. Step 4. Using the selected geometry of the basin as determined above and the storage volumes required for each storm event, determine the maximum depth in the basin for each storm. To design the outlet structure for the required multiple frequencies, the calculations shown above may be repeated for each frequency in tabular form as shown below. For each storm event, the highest storage value calculated, along with the selected basin size and shape, determines the maximum depth for each event. This depth is the head used in outlet structure design. Step 5. A trial outlet structure is selected, and may be a weir, an orifice (pipe), a V-notch weir, or a combination of outlets. The outlet structure is designed using the head calculated above, to provide a peak discharge that is no greater than 2% above existing (undeveloped) peak runoff for each of the 5- and 100-year storm events. Town of Trophy Club 2-41 41 Several iterations may be necessary to balance discharge from the outlet structure, pond geometry and head. If the discharge is significantly different (either higher or lower) than the discharge assumed in Step 2, the actual operation of the pond will not correspond to the calculations. Discharge for any given event may not exceed the allowable discharge determined in Step 1 by more than 2% nor may actual discharge be more than 10% below the allowable discharge. Sample calculations are provided in the following pages. Town of Trophy Club 2-42 42 Town of Trophy Club 3-1 Water Design Section 3 Design Criteria for Water Projects TABLE OF CONTENTS TOPIC PAGE 3.1 General……………………………………………………………………. 3-2 3.1.1 Average Day Water Use……………………………………... 3-2 3.1.2 Maximum Day…………………………………………………. 3-2 3.1.3 Maximum Hour………………………………………………… 3-2 3.1.4 Population Density……………………………………………. 3-2 3.1.5 Persons Per Residential Connection……………………….. 3-2 3.1.6 Fire Flow……………………………………...………………... 3-2 3.1.7 Design Size……………………………………………………..3-2 3.1.8 Demand Computations……………………………………….. 3-2 3.1.9 Supply Storage Versus Pumping……………………………. 3-2 3.1.10 Elevated Storage Depletion………………………………….. 3-2 3.1.11 Quick Closing Valves…………………………………………. 3-2 3.2 Design Criteria……………………………………………………………. 3-3 3.2.1 Minimum Line Size…………………………………………… 3-3 3.2.2 Sizing Mains…………………………………………………...3-3 3.2.3 Main Location………………………………………………… 3-3 3.2.4 Valve Location and Requirements…………………………. 3-4 3.2.5 Fire Hydrant Location………………………………………... 3-4 3.2.6 Fire Lines……………………………………………………… 3-5 3.2.7 Pressure Regulators…………………………………………. 3-6 3.2.8 Air Release and Vacuum Relief Combination Valves……. 3-6 3.2.9 Blow Off Valves and Vaults…………………………………. 3-6 3.2.10 Clean-Out Wyes……………………………………………… 3-6 3.2.11 Water Sample Stations……………………………………… 3-7 3.2.12 Back-Flow Prevention Devices…………………………….. 3-7 3.2.13 Meters Larger than 2-Inches In Size………………………. 3-7 3.3 Easement Requirements………………………………………………... 3-7 3.3.1 Minimum Easement Width………………………………….. 3-7 3.3.2 Format………………………………………………………… 3-8 3.3.3 Temporary Construction Easements………………………. 3-8 Town of Trophy Club 3-2 Water Design Section 3 DESIGN CRITERIA FOR WATER PROJECTS 3.1 GENERAL The following are the minimum standard design criteria that must be met for all water improvements in order to meet the requirements of 30 TAC Chapter 290, Sections 290.38 through 290.47, the Town of Trophy Club Ordinance #7234 (Subdivision Ordinance), and the Town of Trophy Club Policy and to be approved for incorporation into the Trophy Club Water System. 3.1.1. AVERAGE DAY WATER USE: 215 gallons per capita, per day (GPCD). 3.1.2. MAXIMUM DAY: For "Maximum day" unrestricted use, multiply the annual Average day by 2.25. 3.1.3. MAXIMUM HOUR: For the "Maximum Hour" unrestricted use, multiply the maximum day by 2.00. 3.1.4. POPULATION DENSITY: A minimum of 18 persons per acre shall be used to determine design flows, unless actual population data or projections are available. 3.1.5. PERSONS PER RESIDENTIAL CONNECTION: 3.5 people/connection. 3.1.6 FIRE FLOW: Fire flow should be rated at 1,000 gallons per minute (GPM) in residential areas. Fire flow for commercial and industrial areas should be a minimum of 1,500 GPM or per current Fire Code requirements. 3.1.7. DESIGN SIZE: Water mains should be sized to meet Maximum Hour or Maximum Day plus Fire Flow, whichever is greater. However, no pipe size shall be less than 8-inch. 3.1.8. DEMAND COMPUTATIONS: The following formulas shall be used: Maximum Day/Connection = ((2.25)(215GPCD)(3.5p/c))/1,000,000 = 0.00169MGD Maximum Hour/Connection = ((2.00)(0.00169 MGD)) = 0.00338 MGD 3.1.9. SUPPLY STORAGE VERSUS PUMPING: The maximum hour demand should be supplied with not less than 60% from pumping capacity and not more than 40% from available "elevated" storage. 3.1.10. ELEVATED STORAGE DEPLETION: Elevated water storage should be maintained not less than 33% full during maximum hour demand period. 3.1.11. QUICK CLOSING VALVES: Quick-closing valves will not be permitted in any water facility connected to the Town of Trophy Club Water System. Town of Trophy Club 3-3 Water Design 3.2 DESIGN CRITERIA 3.2.1. Minimum Line Size: The following design criteria shall be considered the minimum basis for sizing water lines in various locations to be incorporated into the Town of Trophy Club Water distribution system: a. Residential Water Service: The minimum size residential water service line for new residential development shall be 1-inch. b. Residential: The minimum water main size for a residential (defined as "single-family" detached or two-family/duplex housing) area is eight (8) inches (I.D.), or such larger size as may be necessary to properly serve the proposed and existing development. c. Commercial Water Lines: The minimum water main size for a commercial area is eight (8) inches (I.D.), or such larger size as may be necessary to properly serve the proposed and existing development. 3.2.2. Sizing Mains: a. Multi-Family Demand: Peak demand for multi-family development shall be determined on the basis of not less that that required under the following formula published in June 1967, AWWA Journal. Q = U + 15U1/2 Where: U is equal to the number of apartment units Q is equal to Water Demand in GPM (gallons per minute) b. Fire Flow Requirements: In addition to the normal maximum hour water service requirements, full consideration shall be given to fire flow requirements as superimposed upon the maximum day demand conditions, elevation, and the type of development proposed, in arriving at the final water main capacity. c. Fire Flow Demands: Fire flow should be rated at 1,000 gallons per minute in residential areas and 1,500 gallons per minute (GPM) in commercial areas 3.2.3. Main Location: The following design criteria shall be considered to be the normal locations for water mains in the Town of Trophy Club Water distribution system: a. Residential Water Service: The normal location of the residential water service shall be in the parkway in front of the property or lot to be served and shall typically be five (5) feet east or north of the center of the lot frontage. b. Normal Main Location: For mains located within the public right-of-way, the normal location shall be seven feet from North or East right-of-way line (either existing or proposed). In general, mains located within an easement shall be centered within the easement, unless other public or private facilities are also Town of Trophy Club 3-4 Water Design within the easement. Separation between water mains and other utilities shall be maintained in accordance with these standards. c. Mains on Major Collectors (Divided): To prevent cutting the pavement on major collectors (divided) a double main system may be used. The capacity of the two parallel water mains shall not be less than the required capacity of a single line designed to serve the area. 3.2.4. Valve Location & Requirements: The following design criteria shall be considered to be the standard locations and requirements for valves. a. Fire Hydrants: All fire hydrants leads shall have a gate valve (min 6-inch) anchored to the water main. b. Valves: The MUD shall approve all gate valves in the Town of Trophy Club. c. Isolation Valves: Valves shall be located to allow isolation of specific sections of the distribution system in a manner that minimizes the number of individual users that experience interruption of service when valves are closed. Generally, this will be a section of a water main along a public street between two cross streets. Water valves are usually located at street intersections or at water line crosses or tees. The MUD shall approve the location of valves. d. Transmission Mains: All water line connections (water services, mains etc.) shall have a gate valve at connections to a water transmission line. e. Vaults for 16-inch Valves & Larger: All valves that are 16-inches or larger shall be in a valve vault. A corporation and curb stop shall be provided on each side of the valve (no more than 12-inches from the valve). Corporation and curb stop shall be 1-inch for 16-inch through 24-inch water pipe and shall be 2-inch for 30-inch and larger water pipe. f. By-Pass for 16-inch Gate Valves and Larger: All 16-inch Gate Valves or larger, shall have an integral bypass, unless otherwise approved by the MUD. 3.2.5. Fire Hydrant Location: The following design criteria shall be considered to be the normal locations for fire hydrants in the Town of Trophy Club. Only Superior Mueller fire hydrants or approved equal with fittings that match fire hydrants in use by the Town of Trophy Club Fire Department will be allowed. All hydrants shall be painted color specified by the Town. The Town of Trophy Club Fire Department shall review fire hydrant locations. a. Maximum Hydrant Spacing: (1) One and Two Family Residences: For all one and two family residences, fire hydrants must be installed within (or along) a 500 foot radius along a direct horizontal line from the residence, and must be Town of Trophy Club 3-5 Water Design within 800 feet "hose lay" using the most direct route of access between fire hydrant and all points of the building. (2) Other Land Uses: For all other land uses, fire hydrants must be installed within (or along) a 300 foot radius along a direct horizontal line from the building, and must be within 500 feet "hose lay" using the most direct route of access between fire hydrant and building. b. Cul-de-Sacs: Streets longer than 300 feet, which end in a cul-de-sac, must have a fire hydrant in the cul-de-sac. c. Intersections: Fire hydrants shall be installed at all street intersections. d. Street Location: All fire hydrants must be installed at least two and one half (2-1/2) feet, but less than six (6) feet, from the back of the curb of the paved street or edge of a designated approved fire lane. Normal location is three (3) feet behind the curb. Location for fire hydrant should be selected to provide shortest possible lead under street pavement. e. Ground Elevation: The ground line on the fire hydrant in a standard installation shall be set even with the elevation of the top of the adjacent existing or proposed curb (elevation specified). When parkways are to be developed with a rolling or irregular slope, the ground line index on the fire hydrant shall be set to the proposed ground elevation (specified) at the point of installation. Fire hydrants shall have a minimum one-inch clearance from base to flange. f. Private Fire Hydrant: Where the fire hydrant is on a metered line, fire hydrant must be maintained by Owner and must not be obstructed. g. Siamese Connection: Siamese connection must be within 50 feet of a fire hydrant. h. High Volume Roadways: Any road exceeding 25,000 vehicles per day shall have hydrants on both sides of the street located as provided in these standards. i. Minimum Clearance: Hydrants shall be installed such that a minimum 36” clearance from all obstructions is maintained. 3.2.6. Fire Lines: The following design criteria shall be considered to be the normal requirements for fire lines in the Town of Trophy Club Water distribution system. All projects requiring fire lines shall be presented to the Town of Trophy Club Fire Department for review: a. Double Detector Check Valve: All fire lines are required to have a double gate double detector check valve assembly. The double detector check valve and vault shall be privately owned and maintained and shall be located outside of public rights-of-way or utility easements. Town of Trophy Club 3-6 Water Design b. Siamese Connection: When Siamese connection is required, it must be located on the discharge (customer) side of the meter. c. Fire Line Testing: The Town of Trophy Club Fire Department shall inspect and test all fire lines on owner side of meter, gate valve, or back flow preventor. 3.2.7. Pressure Regulators: In low areas where pressures may exceed 80 psi, builders and plumbers should be advised that in such locations pressure reducing devices should be installed in accordance with the current Plumbing Code adopted by the Town of Trophy Club. Pressure reducing valves will not be installed in the public water system. 3.2.8. Air Release & Vacuum Relief Combination Valves: Combination air and vacuum relief valves shall be installed in high points along feeder mains, transmission mains or major mains to exhaust trapped air or relief vacuum from the water distribution system. The size and type are as follows: Water Line Size Size of Relief Valve Type of Relief Valve 16-inch & Smaller 1-inch Combination 18-inch to 36-inch 2-inch Combination 42-inch and above 3-inch Combination These combination relief valves shall be installed in vaults. 3.2.9. Blow-off Valves & Vaults: In low points along transmission lines (16-inch and larger), blow-off valves and vaults shall be required in the system to drain the mains. The sizes generally are : Size of Water Main Size of Blow-off 16-inch and Below 4-inch 18-inch to 42-inch 6-inch 48-inch and above 8-inch 3.2.10. Clean Out Wyes: In strategic locations along lateral water lines, water feeder mains, water transmission mains, etc., cleaning wyes shall be provided for passing "Cleaning Pigs" through the water line to sweep trash, dirt and debris from the pipe. These wyes shall be supplemented with chlorination and sampling points, as required for disinfecting of the water main. The Town Engineer will approve location of these wyes (chlorination and sampling points). 3.2.11. Water Sample Stations: Water sample stations are required to meet regulatory requirements. These stations may be installed at the request of the Town at major intersections, water transmission line tees/crosses, large water meters, or other locations to be designated by the Town or MUD. 3.2.12. Back Flow Prevention Devices: All service connections to the Town of Trophy Club Water Distribution System shall have a back flow prevention device. Town of Trophy Club 3-7 Water Design 3.2.13. Meters Larger than 2-Inches In Size: Water meters that are larger that 2 inches in size shall have the following: a. Meter Vault: Meter shall be installed in a vault. b. Bypass: All meters larger than 2-inches shall have a bypass. c. Type of Meter: All meters larger than 2-inch shall be a combination meter (large and small meter). d. Purchase: All meters shall be purchased from the MUD. 3.3 EASEMENT REQUIREMENTS The following easement requirements are for water and wastewater mains not installed in street right-of-way: 3.3.1. Minimum Easement Widths a. For water line pipe less than 16-inch (I.D.) and wastewater pipe less than 18-inch (I.D.), at a maximum depth of 10 feet (measured from ground level to flowline of pipe), the width of required permanent easement is 15 feet. b. For larger pipe sizes, where the maximum depth is 10 feet, the following table shall apply: Width of Line Size (I.D.) Easement Water Pipe between 16" and 20" 20 feet Water Pipe between 24" and 30" 25 feet Water Pipe 36" and above 30 feet Wastewater Pipe between 18" and 24" 20 feet Wastewater Pipe between 27" and 48" 25 feet Wastewater Pipe 54" and above 30 feet c. For all mains with depths greater than 10 feet (measured from ground level to flowline of pipe), the following equation will apply: ((Depth of Pipe) x 2) + (O.D.' of Pipe) + (2 feet) = Easement Width' NOTE: 1. O.D. is outside diameter of pipe. 2. Width is rounded up to nearest 5 ft. Easement shall not exceed fifty (50) feet in width unless required by special circumstances. Town of Trophy Club 3-8 Water Design 3.3.2. Format: All easement instruments shall be in a standard Town format. For each easement submitted, a minimum of two easement instruments with original signature(s) of the property owner(s) and notary signature/seal is required. If the easement is to be acquired by the Town, a minimum of two easement instruments in a standard Town format is required. All easement instruments shall be in a form acceptable to the Town. 3.3.3. Temporary Construction Easements: Approach water and/or wastewater lines or other facilities to be constructed outside the developer's property, may require additional temporary construction easements. These easements are in addition to the above listed permanent easements. Town of Trophy Club 4-1 Wastewater Design Section 4 Design Criteria for Wastewater Projects TABLE OF CONTENTS TOPIC PAGE 4.1 General……………………………………………………………………. 4-2 4.2 Wastewater Mains and Laterals………………………………………... 4-2 4.2.1 Preliminary Study……………………………………………… 4-2 4.2.2 Final Plans……………………………………………………... 4-3 4.3 Wastewater Lift Stations and Force Mains……………………………. 4-4 4.4 Design Criteria……………………………………………………………. 4-4 4.4.1 Basic Design Requirements…………………………………. 4-4 4.4.2 Wastewater Laterals………………………………………….. 4-8 4.4.3 Sizing of Mains………………………………………………… 4-8 4.5 Easement Requirements………………………………………………... 4-10 TABLES 4-1 Minimum and Maximum Grades for Wastewater Pipe………………. 4-9 Town of Trophy Club 4-2 Wastewater Design Section 4 DESIGN CRITERIA FOR WASTEWATER PROJECTS 4.1 GENERAL The following are the minimum standard Design Criteria that must be met for all wastewater main improvements in order to meet the requirements of 30 TAC Chapter 317, Sections 317.1 through 317.3, and to be approved for incorporation into the Town of Trophy Club MUD Wastewater Collection System. 4.2 WASTEWATER MAINS AND LATERALS 4.2.1. PRELIMINARY STUDY For all new development, the Town or MUD may require a Preliminary Sewer Study. The study shall include: a. Estimates of the current and/or future population load within the watershed. Population figures shall be determined from actual data and projections where possible. In the absence of specific data, the population may be obtained by multiplying the gross watershed area (see Item 4.2.1.b) by 18 persons per acre. b. A map showing the following information: (1) The total area within the natural drainage limits to be served by the proposed mains/laterals, including “off-site” areas. (2) Contours at a maximum five-foot interval for the entire watershed. (3) All existing recorded subdivisions, proposed subdivisions, preliminary plats or concept plans. (4) Location of all natural and man-made water and drainage ways. (5) Location and alignments of proposed mains, including point of connection to existing wastewater collection facilities. (6) Proposed rights-of-way, lots, and utilities. (7) All existing state, county, and Town, roads, streets, and right-of-way dedicated for public use and any proposed (see master thoroughfare plan) street, (8) Property lines and utility easement lines of all tracts in the vicinity of the main locations with present ownership shown. Town of Trophy Club 4-3 Wastewater Design 4.2.2. FINAL PLANS Final plans shall include, at a minimum, the following information. a. Plan View and Layout showing: (1) All proposed sewer mains and laterals with proper stationing and alignment information, including bearings, curve data and horizontal control points. In general, stationing for all proposed mains shall begin at 0+00. Stationing shall be equated to stations of existing mains at points of connection. If the proposed main is an extension of an existing main, the stationing shall begin with the station of the existing main at the point of connection. (2) Other proposed improvements including streets, utilities, and storm drain facilities. (3) Property information including set and found corners, all existing and proposed rights-of-way, easements, lots and property ownership. (4) Contours based on actual field or aerial survey at a maximum two-foot interval. (5) Location of all proposed sanitary sewer services to individual lots. b. Profile for each main showing: (1) Field-determined elevation of any existing manhole invert, stub, or wastewater main to which the proposed wastewater line is to connect. (2) Elevation of the ground at centerline of the proposed main at each half station. (3) Elevation at any draw, creek, depression, pond, lake or water course within any portion of the centerline, with proper reference made as to location with respect to centerline. (4) As appropriate elevation of service stub out of each existing house or building to be served directly by the main. In case service stub is not available, finish floor or basement elevation should be shown at the front and back of the house. In any event, care should be taken to properly locate the existing house and points of elevation taken with relation to centerline. (5) All existing or proposed underground facilities that cross or are immediately adjacent to the main. Town of Trophy Club 4-4 Wastewater Design (6) All proposed rim and flowline elevations at each manhole, including flowline of any main or lateral connections. (7) The plot of the main on the profile sheet shall be from left to right, beginning at the lowest flow line elevation, and progressing right in increasing stations to the highest flow line elevation. c. Hydraulic Computations: The Town or MUD may require hydraulic computations for the proposed system to verify adequate sizing. This shall include calculations showing peak load in each segment of the proposed mains based ultimate developed conditions as well as the required slope to accommodate the load for the chosen pipe size. 4.3. WASTEWATER LIFT STATIONS AND FORCE MAINS Wastewater Lift Stations, when allowed, will be designed in accordance with 30 TAC Chapter 317, Sections 317.3 (Lift Stations). The Town and MUD will provide guidance for determining the proposed capacity and future expansion capacity. The lift station will also have remote monitoring capability. Wastewater force mains will be sized to meet the ultimate capacity of the lift station. The force main material will be a pressure grade pipe acceptable to the Town and MUD. 4.4 DESIGN CRITERIA 4.4.1. BASIC DESIGN REQUIREMENTS The following basic practices are considered standard requirements. Under isolated conditions, warranted only by special situations, the Trophy Club MUD may recommend and/or approve variations to some of these standards. a. Normal Main Location: The normal location of the wastewater main shall be 5 feet off the south or west property line. b. Wastewater Main Line Size: The minimum size for a wastewater main shall be 8-inch. c. Wastewater Service Lines: The minimum size for a single-family or duplex wastewater service line shall be 4-inch. The typical location for service lines is at the center of the lot. d. Wastewater Main Material: (1) SDR-35 PVC pipe shall be used unless conditions, such as depth dictate another pipe material Town of Trophy Club 4-5 Wastewater Design (2) SDR-26 PVC pipe shall be used when a main crosses within nine (9) feet of a water line. No joints will be allowed in the sewer main within nine (9) feet of a water main. e. Manholes: Manholes shall be placed at all points of change in alignment, grade or size of wastewater main, intersection of two or more wastewater mains, at the end of the line that is greater than 300 feet, and any locations to provide accessibility for maintenance ease. (1) Distance Between Manholes: On wastewater mains, the maximum distance between wastewater manholes shall be as follows: Maximum Distance Size of Wastewater Main Between Manholes smaller than 18" (I.D.), 500 feet 18" (I.D.) to 30" (I.D.) 800 feet 33" (I.D.) to 48" (I.D.) 1,000 feet 54" (I.D.) and larger 2000 feet (2) Wastewater Manholes In the Flood Plain: For wastewater main manholes located in the 100 year flood plain, manhole covers and rings shall have gaskets and shall be bolted or have approved means of preventing inflow. Where gasket manholes are required for more than three manholes in a sequence, a venting method, such as raising the rim at least one foot above 100-year flood plain, will be provided on every third manhole. If this is not practical, an approved alternate venting method, which will minimize inflow, will be used. (3) Manhole at End of Line: All wastewater mains and laterals shall end (highest point) with a manhole. (4) Offset Manholes: When connecting a new lateral to an existing wastewater main, which is 24-inch and larger, then use an offset wastewater manhole (see Figure 120 of the General Contract Documents). (5) Concrete Collars: All wastewater main manholes, where the rim is at approximately ground level, shall have a concrete collar to secure the manhole frame. Manholes located in concrete paved areas or street will not require concrete collars. (6) Shallow Manholes: All manholes that have a depth of four (4) feet or less are Shallow Manholes. (8) Flowlines of Wastewater Mains: In manholes with pipes of different sizes (diameters), the tops of pipes generally shall be placed at the same elevation (crown to crown). Outside drop manhole, installation is required if Town of Trophy Club 4-6 Wastewater Design the connecting wastewater main has an elevation difference greater than 3 feet. (8) Manhole Covers: Manhole covers of nominal 24-inch or larger diameter are required for all wastewater manholes where personnel entry is anticipated. (9) Manhole Inserts: To reduce inflow. and infiltration into the wastewater collection system, all manholes shall be equipped with a watertight manhole insert. Pipe sizes smaller than 18-inch shall have a plastic insert installed. Pipe sizes 18-inch and above shall have a stainless steel lockable insert installed. (10) Manhole Testing: Manhole testing shall be tested using vacuum testing, meeting the ASTM requirements. f. Horizontal Deflection in Wastewater Mains: Horizontal deflection in wastewater mains shall be accomplished by joint deflection only. The minimum radius shall be per the manufacturer’s recommendations, but in no case be less than 200 feet . g. Wastewater Main Material: PVC or plastic pipe shall be a minimum SDR 35, ABS or PVC solvent weld or rubber ring joints will be allowed. Joint tightness of 25 p.s.i for one hour will be required. h. Inverted Siphons: Inverted siphons shall have two or more barrels, a minimum pipe diameter of six inches and shall be provided with necessary appurtenances for convenient flushing and maintenance. The manholes shall have adequate clearances for rodding. Sufficient head shall be provided and pipe sizes selected to assure velocities of at least three feet per second at initial and design flows. The inlet and outlet details shall be arranged so that the normal flow is diverted to one barrel. Provisions shall be made such that any barrel may be taken out of service for cleaning. Provisions shall be made to allow cleaning across each bend with equipment available to the entity in charge of operation and maintenance of the facility. Inverted siphons shall be designed to preclude nuisance odors. i. Aerial Crossing: Pipe with restrained joints or monolithic pipe shall be required between manholes on each end of bridged sections. Bridged sections shall be designed to withstand the hydraulic forces applied by the occurrence of a 100-year flood, including buoyancy. Pipe material shall also be capable of withstanding impact from debris. Bank stabilization shall be provided to prevent erosion of bank sections. Pier supports shall be spaced and designed to ensure that adequate grade, slope and structural integrity are maintained. j. Minimum Spacing From Water Line: The purpose of maintaining minimal spacing between water and wastewater mains is to protect the public water distribution system from contamination from wastewater. Contamination may Town of Trophy Club 4-7 Wastewater Design occur when vacuum develops within the water main due to breakage or malfunction of a relief valve. The minimum horizontal space between a new wastewater main and a water main shall be nine (9) feet measured from the outside diameter of the water and wastewater mains. The wastewater main that is parallel to a water main shall be installed in a separate trench. When the nine-foot separation distance can not be achieved, the following guidelines will apply: (1) Where a proposed wastewater main parallels an existing water line, the wastewater main shall meet SDR-26 requirements. The vertical separation shall be a minimum of two (2) feet between outside diameters and horizontal separation shall be a minimum of four (4) feet between outside diameters. The wastewater line shall be located below the water line. (2) Where the wastewater main crosses the water line and the wastewater main is constructed of SDR-26, an absolute minimum distance of 6-inches between outside diameters shall be maintained. The wastewater main shall be below the water line and wastewater pipe joint shall be centered on the water line. (3) Where a wastewater main crosses under a water line, the wastewater main shall meet SDR-26 requirements. Further, a minimum two-foot separation distance shall be maintained. The initial backfill shall be cement stabilized (two bags per cubic yard) sand for all sections of wastewater main within 9 feet of the water line. The initial backfill shall be from 1/4 diameter below the bottom of the pipe (minimum 6-inches) to one pipe diameter (minimum 12-inches) above the top of the pipe. (4) Where a wastewater main crosses over a water line, all portions of the wastewater main within 9 feet of the water line shall be SDR 26, using appropriate adapters. An alternate method would be to place the wastewater main in a pressure grade (150 psi pressure class) casing pipe for at least 18 feet (9 feet each side of water line). The wastewater main shall be supported with spacers at least every five feet or grouted with concrete. Non grouted casing pipe must be sealed at both ends with cement grout or acceptable sealant. k. Minimum Cover: All sewer mains and laterals shall be installed at a sufficient depth below finished grade to satisfy the following. (1) Not less than two feet below the bottom of any drainage facility being paralleled. (2) Far enough below the bottom of such drainage facility to permit a 4-inch service line to pass under the drainage course with one foot of cover, approach the proposed main on at least a 1.00% grade, and match top of pipe with the proposed main at the point of connection. Town of Trophy Club 4-8 Wastewater Design (3) Not less than five feet below the finished grade of the street in which it is to be located. (4) Where the topography requires that a wastewater main line is to be installed with less than 2-1/2 feet of cover, the pipe shall be either encased in concrete or constructed of ductile iron pipe through the restricted area. l. Wastewater Line Testing: The wastewater main is required to be tested by air or water to a specified condition and the pipe is required to be examined by television camera. To be able to accomplish these test phases, the system shall incorporate the following features: (1) Where steep grades in wastewater pipe between normally spaced manholes impose excessive test pressure in the lower pipe segments and Contractor tests with water, the pipe shall incorporate tees for test purposes as appropriate between manholes. Such tees shall have the branches the same size as the run diameter; the branch shall be oriented up; the run shall be wrapped to just below the branch bell with concrete encasement; and the branch shall incorporate a plug. After test, the tees shall be plugged and then blocked with concrete. (2) Project requirements shall contain provisions for the independent contractor to use television camera equipment to be installed or removed at the end of all wastewater mains. In all cases a manhole is required at the end of the wastewater main for that and other maintenance purposes. 4.4.2. WASTEWATER LATERALS The design of wastewater laterals follows the same basic design procedures as those outlined for mains, except that the information required is reduced in complexity to conform to the reduced function of a lateral. The Preliminary Map prepared for the main may be utilized to show lateral system also. 4.4.3. SIZING OF MAINS: a. Wastewater Discharge from Residential Areas. Populations shall be determined assuming ultimate developed conditions for single and multi-family areas. If actual population data or projections cannot be determined for a given area, then a minimum density of 18 persons per acre shall be applied. Design loads for residential areas can then be determined in the following manner: (1) Average load per person per day equal to 100 gallons (2) Average load per person in (GPM)= 100/1,440= 0.0694 GPM Town of Trophy Club 4-9 Wastewater Design (3) Average load of a given population (in GPM) (0.0694 GPM) x (population) = (load in GPM) (4) Ratio of Design Load to Average Load is expressed by: 14 M = 1+4+√P Where: M = Ratio of Design Load to Average Load P = Population in thousands (5) Design Load = M times the average load generated by the ultimate population to be served by the main being designed plus infiltration/inflow. b. Wastewater Discharge from Commercial and Industrial Areas. The design wastewater flow from commercial areas shall be 7,200 gpd/acre, unless other more accurate discharge data can be determined. c. Infiltration and Inflow. All sewer mains and laterals in the Town of Trophy Club shall be designed to accommodate groundwater infiltration and stormwater inflow. Infiltration and inflow discharges shall be 500 gpd/inch-diameter/mile and shall be included in the total design load. TABLE 4-2 Minimum and Maximum Grades for Wastewater Pipe Size of Pipe in Inches I.D. Minimum Slope in percent Maximum Slope in percent 6 0.50 8 0.40 8.40* 10 0.30 6.23* 12 0.22 4.88* 15 0.16 3.62* 18 0.12 2.83* 21 0.09* 2.30* 24 0.08* 1.93* 27 0.06* 1.65* 30 0.055* 1.43* 33 0.05* 1.26* 36 0.045* 1.12* 39 0.04* 1.01* Note * - TNRCC minimum/maximum requirements per Chapter 317 30TAC Town of Trophy Club 4-10 Wastewater Design 4.5 EASEMENT REQUIREMENTS Refer to Section 3.3 under water design criteria for easement requirements. Town of Trophy Club Construction Specifications 5-1 SECTION 5 Construction Specifications 5.1 GENERAL The Town of Trophy Club has adopted the Standard Specifications for Public Works Construction, current edition, as published by the North Central Council of Governments (NCTCOG). The following portions of this Section address amendments to those specifications that the Town of Trophy Club has chosen to make. 5.2 PART I GENERAL PROVISIONS 1.24.3 TRENCH SAFETY Add the following: “The CONTRACTOR shall comply with the US Department of Labor Occupational Safety and Health Administration (OSHA) regulations pertaining to excavations, trenching, and shoring and shall provide and familiarize its employees involved with excavation and trenching with the provisions in OSHA Pamphlet No. 2226, Excavating and Trenching Operations. The CONTRACTOR agrees to defend, indemnify and hold harmless the OWNER, its officers, agents and employees, and the ENGINEER against any claims, lawsuits, judgements, costs and expenses, including attorney’s fees, for any personal injury, property damage or other harm for which recovery of damages is sought, including any injury, death or damage suffered by the CONTRACTOR’S own employees, arising out of or occasioned by the use of any trench excavation plans, regardless of their origin, or by any negligent, grossly negligent, strictly liable or intentional employee or laborer (whether or not an employee of the CONTRACTOR or a subcontractor) in the performance or supervision of actual trench excavation under the contract. This indemnity applies regardless of whether OWNER’S or Engineer’s negligence or fault in the administration of this contract or in the preparation, review or approval of the OWNER’S or CONTRACTOR’S trench excavation plan contributed to the injury, death or damage. OWNER accepts no liability whatsoever as a result of its preparation, review or approval of any trench excavation plan under this contract; OWNER makes no warranty, express or implied, concerning the adequacy or correctness of any trench or excavation plan. The provisions of this paragraph are solely for the benefit of the parties to the contract and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. This paragraph shall not be Town of Trophy Club Construction Specifications 5-2 construed to waive any governmental immunity of the OWNER. This paragraph controls in the event of a conflict with any other indemnity or OWNER-warranty provision in the specifications. 1.24.5 PAYMENT FOR SPECIAL SHORING Delete the entire paragraph and replace with the following: “No separate payment shall be made for special shoring. All costs for trench safety measures, including any costs associated with special shoring shall be included in the bid item for Trench Safety.” 5.3 PART II MATERIALS 2.9.5 POLYETHYLENE WRAP FOR METAL PIPE AND FITTINGS Under (a) General, revise: “…in a corrosive soil environment.” To read: “…in all underground installations.” 2.12.20 POLYVINYL CHLORIDE (PVC) WATER PIPE Under (b) Thickness Class, add the following: “All PVC water pipe shall be Class 200, DR 14.” 5.4 PART III CONSTRUCTION METHODS 4.5.2 FLEXIBLE BASE (CRUSHED LIMESTONE), CONSTRUCTION METHODS Under (d) Density, add the following: “After final compaction, density tests shall be taken at minimum 300-foot intervals. If any tests reveal that the base fails to meet minimum compaction requirements, the material shall be recompacted and retested until the minimum density is achieved. The Town may also require CONTRACTOR to test base by proof rolling. If soft spots are revealed during proof rolling, these areas shall be recompacted, even if they met required density. Retests shall be at the CONTRACTOR’S expense.” 6.2.8 EXCAVATION Town of Trophy Club Construction Specifications 5-3 Under (b) Excavation Classifications, add the following: “No additional payment shall be made for excavation of rock or other soil types causing difficulty in excavation activities. It shall be the responsibility of the CONTRACTOR to satisfy himself as to the types of soil materials present at the site.” 6.7.2 UNDERGROUND CONDUIT INSTALLATION, SANITARY SEWER Under (d) Infiltration Test, revise: “…shall be as specified in the plans.” To read: “…shall be 0.10 gallons per hour per foot of height of the manhole or structure.” 6.7.3 UNDERGROUND CONDUIT INSTALLATION, WATER CONDUIT INSTALLATION Under (m) Fire Hydrants (2) Installation, revise: “…on well-compacted or undisturbed soil surrounded by clean gravel or stone (min. of 7 CF)…” To read: “…on a 24” x 24” x 4” reinforced concrete (minimum 3,000 psi) pad with four (4) No. 3 bars…” 6.7.3 UNDERGROUND CONDUIT INSTALLATION, WATER CONDUIT INSTALLATION Under (m) Fire Hydrants (3) Measurement and Payment, revise: “The hydrant lead shall be paid for at the unit price bid for installing pipe.” To read: “No separate payment shall be made for the hydrant lead. All costs for hydrant leads shall be included in the unit price bid for fire hydrants.” 6.7.3 UNDERGROUND CONDUIT INSTALLATION, WATER CONDUIT INSTALLATION Town of Trophy Club Construction Specifications 5-4 Under (r) Blocking (2) Measurement and Payment, delete this paragraph and replace with: “No separate payment shall be made for concrete blocking. All costs associated with concrete blocking shall be included in the appropriate bid items for water pipe, valves, hydrants and fittings.” 6.7.3 UNDERGROUND CONDUIT INSTALLATION, WATER CONDUIT INSTALLATION Under (t) Manholes (3) Brick, delete this paragraph and replace with: “Brick manholes are not allowed.” 8.3.2. CONCRETE SIDEWALKS AND DRIVEWAY APPROACHES, MATERIALS Under (b) Reinforcement, revise: “…reinforcing, when required, shall be…” To read: “…reinforcing shall be…” BIBLIOGRAPHY American Association of State Highway and Transportation Officials (AASHTO), A Policy on Geometric Design of Highways and Streets, 2001 Brater, Ernest and Horace King, Handbook of Hydraulics, McGraw-Hill Book Company, New York: 1976. City of Carrollton Code, "Stormwater and Flood Protection Ordinance," 1994. City of Dallas, “Drainage Design Manual,” 1993. City of Denton, "Drainage Design Criteria," 1990. City of DeSoto, “Drainage Design Manual,” 2001 City of Fort Worth, Texas, “Policy and Procedure for Processing Water and Wastewater Projects for Design and Construction,” 1999 City of Fort Worth, Texas, "Storm Drainage Criteria and Design Manual," 1967 City of Fort Worth, Texas, “Traffic Engineering Design Standards and Policy Guidelines,” 1987 City of Keller, Texas, “Design and Technical Construction Standards,” 1989 Debo, Thomas N. and Andrew J. Reese, Municipal Storm Water Management, Lewis Publishers, Boca Raton, 1995. Federal Emergency Management Agency, "FIS Guidelines and Specifications for Study Contractors," 1993. Federal Highway Administration, Hydraulic Design of Highway Culverts, Hydraulic Design Series No. 5, Washington: 1985. Federal Highway Administration, "Culvert Analysis Microcomputer Program," HY8, FHWA-EPD-87-101. Stahre, Peter and Ben Urbonas, Stormwater Detention, Prentice Hall, New Jersey: 1990. Texas State Department of Highways and Public Transportation, Bridge Division, Hydraulic Manual, 3rd Ed., Austin: 1985. Town of Trophy Club, "Paving and Drainage Standards," 1985. U.S. Army Corps of Engineers, Hydrologic Engineering Center, "Generalized Computer Program, HEC-1," February 1990. U.S. Army Corps of Engineers, Hydrologic Engineering Center, "Generalized Computer Program HEC-2, Water-Surface Profiles," 1984. U.S. Army Corps of Engineers, Fort Worth District, "NUDALLAS" (aka Southwest Fort Worth Hydrology or "SWFHYD"), September 1986. U.S. Department of Agriculture, Soil Conservation Service, Hydrology (NEH-4), March 1985. U.S. Department of Agriculture, Soil Conservation Service, "Urban Hydrology for Small Watersheds," Technical Release 55, June 1986. U.S. Weather Bureau, Rainfall Frequency Atlas of the United States, Technical Paper No. 40, Superintendent of Documents, Washington: 1961. Water Environment Federation and American Society of Civil Engineers, Design and Construction of Urban Stormwater Management Systems, New York: 1992. Water Environment Federation and American Society of Civil Engineers, Design and Construction of Sanitary and Storm Sewers, New York: 1970. Town of Trophy Club Page 1 of 5 Construction Plan Checklist CONSTRUCTION PLAN CHECKLIST The items indicated below shall be shown on all construction plans where appropriate. This checklist should be considered a guide, and may not include all required elements of a complete set of construction plans. A completed copy of this checklist shall be submitted to the Town Engineer with all submitted construction plans. Provide an explanation for all information not provided or not applicable. NOT NOT PROVIDED PROVIDED APPLICABLE DESCRIPTION GENERAL Title block with name of subdivision or project on all sheets North arrow and graphic scale on all applicable sheets Engineer’s seal and signature on all sheets (final plans) Legend of all symbols used, existing and proposed Sheet numbers, including total number of sheets Survey control data including at least two benchmarks shown on all sheets Ownership/property information for adjacent properties COVER SHEET Name of subdivision or project Names of Mayor, Councilmembers, Town Manager, MUD Manager, Director of Public Works Date of Preparation Name, address, phone and fax number of Engineer Name, address, phone and fax number of Developer Vicinity Map Index of all sheets PAVING PLANS Plans 24” x 36” or 22” x 34” sheets Horizontal scale no smaller than 1” = 40’ Vertical scale no smaller than 1” = 4’ Centerline stationing, curve data, bearings, and coordinates and end stations, PC, PI and PT for all curves Existing grade contours at one-foot interval PI’s and Curb return stations labeled, curb return radius dimensioned Streets and rights-of-way dimensioned to back of curb Flow arrows in plan view, with high points and flow through intersections shown Top and flowline elevations of all inlets Existing grade at left and right right-of-way and centerline shown and labeled in profile Complete vertical curve data Centerline station of all intersecting streets in profile Legend for all symbols used, existing and proposed All existing and proposed utilities Top of curb grades at 50-foot intervals in profile Town of Trophy Club Page 2 of 5 Construction Plan Checklist NOT NOT PROVIDED PROVIDED APPLICABLE DESCRIPTION DRAINAGE AREA MAPS Drainage area map depicting contours and drainage areas for all runoff either from or through the site Existing and proposed storm drains and inlets (with sizes) Sub-area delineations for each design point, alley, street and off-site area Current zoning shown on drainage area calculation table Design points of concentration or collection labeled Drainage areas and flow rate calculations (both existing and proposed) Flow direction arrows shown at all street crests, sags, alleys and intersections Pipe hydraulic calculations Street and alley capacity calculations Inlet calculations Ditch and channel hydraulic calculations Other hydraulic calculations Calculations address off-site runoff (existing and proposed) both to and from the site STORM DRAINAGE PLANS Plan and profile of all proposed storm drain systems no smaller than 1” = 40’ Stationing along centerline of pipe Curve data Pipe size, length, grade and material for each pipe segment in profile Station and offset to block corners Station and offset to inlets, culverts and other special structures Junction box provided at all junctions of trunk lines Minimum Class III RCP pipe specified Inlets provided where street or alley capacity is exceeded Property lines, right-of-way lines and easements Existing and proposed ground elevations on profiles Hydraulic grade line, velocities, Q required and Q provided Size of inlet shown on plan view, lateral size, street station, flowline elevation and top-of-curb elevation Future streets and grades, where applicable Hydraulic grade line with elevations at each appurtenance Outlet erosion/sedimentation protection provided Hydraulic grade line at outfalls Profiles for all laterals Headwalls shown at all discharge points Existing and proposed utilities shown Two benchmarks shown on each sheet Town of Trophy Club Page 3 of 5 Construction Plan Checklist NOT NOT PROVIDED PROVIDED APPLICABLE DESCRIPTION Alley capacity calculations provided Curb provided along alleys within 10 feet of inlet Flow line elevations and pipe slope shown in profile Off-site easements provided, where applicable Off-site letters of acknowledgement, where applicable Standard City details used or waived GRADING PLAN Existing contours shown (1’ contour interval) Proposed contours shown (1’ contour interval) for commercial and industrial developments Proposed spot elevations and flow arrows shown for residential developments, including top of curb elevations and at each building corner Flow arrows on lots, streets and alleys Minimum finish floor elevations adjacent to streams, channels and low point inlets shown Overflow swales provided at all low point inlets CHANNEL PLANS Plan & profile showing horizontal and vertical alignment of channel with centerline stationing and curve data Profile including proposed flowline, top of bank on each side, existing ground line at center of proposed channel, 100-year water surface Channel capacity and velocity shown Channel design based on subcritical flow Erosion protection (temporary and permanent) shown Property lines, easements and right-of-way shown Existing and proposed utilities Typical section(s) with min. 4:1 side slopes Two benchmarks shown on each sheet USACE 404 permit application (copy attached) FEMA CLOMR application (copy attached) STORM WATER POLLUTION PREVENTION PLANS (SWPPP) Erosion control measures comply with NCTCOG BMP’s Notice of Intent (NOI) (copy attached) Sealed by Professional Engineer Location of construction structural control measures shown Sequencing and/or phasing identified Maintenance and inspection procedures outlined Stabilization measures identified Post-construction measures shown Town of Trophy Club Page 4 of 5 Construction Plan Checklist NOT NOT PROVIDED PROVIDED APPLICABLE DESCRIPTION DETENTION/RETENTION PLANS Dam hazard classification certification provided USACE 404 permit application (copy attached) TNRCC Permit to Appropriate Public Water application (copy attached) Routing, storage, outlet calculations shown /models provided Outlet structure details provided Emergency overflow provided Discharge limited to pre-development flows for 5-, 10-, 25- and100-year storms Normal pool, 100-year water surface shown (on plan and section views) Embankment details and specifications provided Two benchmarks shown on each sheet Soil boring logs shown Required 1’ freeboard provided Typical cross section of detention/retention pond WATER PLANS Water layout no smaller than 1”=100’ Stationing to begin at 0+00 on new lines Water lines located 5 feet from north or east R.O.W. Easements shown and labeled for lines not in R.O.W. Stationing, curve data, bearings, and coordinates at end stations, PC, PI and PT or all lines Profile of lines 12” diameter or larger at 1”=40’ (horizontal) and 1”=4’ (vertical) or larger Crossings of all other utilities and storm drain lines in profile Existing and proposed finished grade in profile Fire Hydrants generally located 3’ from back of curb Valves shown at appropriate locations including hydrant leads All services shown with size identified Locations of all other existing or proposed utilities Description of all fittings and their locations SEWER PLANS Sewer layout no smaller 1”=100’ Stationing to begin at 0+00 on new lines Sewer lines located 5 feet from south or west R.O.W. Easements shown and labeled for lines not in R.O.W. Stationing, curve data, bearings, and coordinates at end stations, PC, PI and PT of all lines Profile of all lines no smaller than 1”=40’ (horizontal) and 1”=4’ (vertical) Rim and flowline elevations on all manholes All services shown with size identified Locations of all other existing or proposed utilities Town of Trophy Club Page 5 of 5 Construction Plan Checklist NOT NOT PROVIDED PROVIDED APPLICABLE DESCRIPTION Description of all fittings and their locations Crossings of all other utilities and storm drain lines in profile Existing and proposed finished grade in profile Flowline elevations shown at 50-foot interval in profile