Agenda Packet Parks 03/21/22Town of Trophy Club
Meeting Agenda Packet
Parks and Recreation Board
1 Trophy Wood Drive
Trophy Club, Texas 76262
March 21, 2022 7:00 PM Council Chambers
CALL TO ORDER AND ANNOUNCE A QUORUM
PUBLIC COMMENTS
This is an opportunity for citizens to address the Board on any matter. The Board is not
permitted to discuss or take action on any presentations made to the
Board. Presentations are limited to matters over which the Board has
authority. Speakers have up to four (4) minutes or the time limit determined by the
presiding officer. Each speaker must complete the Speaker’s Form that includes the
topic(s) to be presented. You may also email Tjaramillo@trophyclub.org
ANNOUNCEMENTS AND REPORTS
Introduction of the Trophy Club Parks and Recreation Specialist – Erin Seifert.
Introduction of the Trophy Club Parks & Recreation Volunteer Association (TCPRVA) – Stacey
Bauer.
Provide an update regarding ongoing Town Parks Projects.
Provide an update regarding ongoing Recreation Programs and Events.
REGULAR SESSION
1.Take appropriate action to Appoint Two Board Members to the Tree Preservation Ad Hoc
Committee.
ADJOURN
*THE BOARD MAY CONVENE INTO EXECUTIVE SESSION TO DISCUSS POSTED ITEMS AS
ALLOWED BY THE TEXAS OPEN MEETINGS ACT, TEXAS LOCAL GOVERNMENT CODE 551.071.
Notice is hereby given that a quorum of the Town Council may be in attendance at this meeting.
CERTIFICATION
I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy
Wood Drive, Trophy Club, Texas, on Monday, November 16, 2020 by 5:00 P.M. in accordance with
Chapter 551, Texas Government Code.
_______________________________
Debra Emond, Sr. Administrative Assistant of Parks & Recreation
If you plan to attend this public meeting and have a disability that requires special needs, please
contact the Town Secretary’s Office at 6822372900, 48 hours in advance and reasonable
accommodations will be made to assist you.
Town of Trophy ClubMeeting Agenda PacketParks and Recreation Board 1 Trophy Wood DriveTrophy Club, Texas 76262March 21, 2022 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUMPUBLIC COMMENTSThis is an opportunity for citizens to address the Board on any matter. The Board is notpermitted to discuss or take action on any presentations made to theBoard. Presentations are limited to matters over which the Board hasauthority. Speakers have up to four (4) minutes or the time limit determined by thepresiding officer. Each speaker must complete the Speaker’s Form that includes thetopic(s) to be presented. You may also email Tjaramillo@trophyclub.orgANNOUNCEMENTS AND REPORTSIntroduction of the Trophy Club Parks and Recreation Specialist – Erin Seifert.Introduction of the Trophy Club Parks & Recreation Volunteer Association (TCPRVA) – StaceyBauer.Provide an update regarding ongoing Town Parks Projects.Provide an update regarding ongoing Recreation Programs and Events.REGULAR SESSION1.Take appropriate action to Appoint Two Board Members to the Tree Preservation Ad HocCommittee.
ADJOURN
*THE BOARD MAY CONVENE INTO EXECUTIVE SESSION TO DISCUSS POSTED ITEMS AS
ALLOWED BY THE TEXAS OPEN MEETINGS ACT, TEXAS LOCAL GOVERNMENT CODE 551.071.
Notice is hereby given that a quorum of the Town Council may be in attendance at this meeting.
CERTIFICATION
I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy
Wood Drive, Trophy Club, Texas, on Monday, November 16, 2020 by 5:00 P.M. in accordance with
Chapter 551, Texas Government Code.
_______________________________
Debra Emond, Sr. Administrative Assistant of Parks & Recreation
If you plan to attend this public meeting and have a disability that requires special needs, please
contact the Town Secretary’s Office at 6822372900, 48 hours in advance and reasonable
accommodations will be made to assist you.
Page 1 of 2
To: Parks and Recreation Board
From: Tony Jaramillo, Director of Parks and Recreation
CC: Debra Emond, Senior Administrative Assistant II
Erin Seifert, Aquatics and Recreation Specialist
Sumner Haye, Recreation Superintendent
Re: Appoint two Board Members to a Tree Ad Hoc Committee
Parks and Recreation Board meeting, March 21, 2022
Agenda Item:
Take appropriate action to Appoint Two Board Members to the Tree Ad Hoc Committee
Strategic Link:
Nature and Beautification: Maintain Town assets, services, and codes of ordinances that
preserve the natural beauty of the Town.
Background and Explanation:
In 2011, Town Council approved for the Parks and Recreation Board to absorb and assume all
duties of the Town’s Tree Board. Staff is requesting the appointment of two Parks and
Recreation Board Members to a Tree Ad Hoc Committee and collaboratively work with staff by
addressing and executing various Town specific tree responsibilities as described in the Town’s
Ordinance. (Attached)
Financial Considerations:
Not Applicable
Legal Review:
Not applicable
Board/Commission/ or Committee Recommendation:
Not applicable
Page 2 of 2
Staff Recommendation:
Staff recommends approval of creating a Tree Ad Hoc Committee by appointing two Parks and
Recreation Board Members.
Attachments:
Copy of the Parks and Recreation ordinance and Tree Ordinance
Division 1. Generally
Sec. 1.08.001 Youth programs standards of care
(a) Purpose. The following standards of care are intended to be minimum standards by which
the town parks and recreation department will operate the town's youth programs. These
programs operated by the town are recreational in nature and are not licensed by the state nor
operated as day-care programs. Adoption of these standards of care will allow the town to qualify
as being exempt from the requirements of the Texas Human Resources Code, section
42.041(b)(14).
(b) Definitions. For the purpose of this section, the following terms, phrases, words and their
derivation shall have the meaning given herein:
Aquatics and recreation specialist. Who will handle administrative responsibility
for the town's summer program in the recreation super intendent's absence or designee.
Department. Parks and recreation department.
Director. Town of Trophy Club Parks and Recreation Director or designee.
Employee or counselor. Someone who has been hired to work for the town and has
been assigned responsibility for managing, administering, or implementing some
portion of the town's youth programs.
Parent(s). A parent or guardian who has legal custody and authority to enroll a child
in the town's summer programs.
Parent handbook. Booklet of camp policies, procedures, required forms,
organizational, and programming materials relevant to the summer programs.
Participant. A youth whose parent(s) have completed all required registration
procedures and who has been determined to be eligible for the town's summer
programs.
Program site. Medlin Middle School or Beck Elementary
Recreation superintendent. Town's full time programmer who has been assigned
administrative responsibility for the town's summer program or designee.
Summer adventure camp. Town youth camp program during the summer.
Town. Town of Trophy Club.
Town council. Town council of the Town of Trophy Club.
Youth program or program. A town-sponsored recreational program for youth that
may be offered by the park and recreation department after school, during the
summer, during holidays, or during inter session. The term does not include any
program or activity to which attendees are free to come and go at will without regard
to the presence of a parent or other responsible adult to care for them.
(c) General information/administration.
(1) The governing body of the town's youth programs is the town council.
(2) Implementation of the standards of care for youth programs is the responsibility
of the parks and recreation director and parks and recreation department employees.
(3) The standards of care apply to all youth programs operated by the department
including but not limited to: summer adventure camp programs.
(4) Town hall will have available for public review a current copy of the standards of
care.
(5) Parents of participants will be provided access to a current copy of the standards
of care through the town's website.
(6) Criminal background checks will be conducted on prospective youth program
employees, when applicable. If results of that criminal check indicate that an applicant
has been convicted of any of the following offenses, he or she will not be considered
for employment:
(A) A felony or misdemeanor classified as an offense against a person or
family;
(B) A felony or misdemeanor classified as public indecency;
(C) A felony or misdemeanor violation of any law intended to control the
possession or distribution of any controlled substance;
(D) Any offense involving moral turpitude;
(E) Any offense that is deemed to potentially put the town or youth program
participants at risk.
(7) Standards of care review: Standards will be reviewed annually and approved by
the town council after a public hearing is held to pass an ordinance regarding section
42.041(b)(14) of the Human Resources Code.
(d) Inspection/monitoring/enforcement. Standards of care established by the town will be
monitored and enforced by town departments responsible for their respective areas as identified.
(1) Health and safety standards will be monitored and enforced by the town's police,
fire and code enforcement departments as required.
(2) The recreation superintendent will make twice weekly visual inspections of the
program.
(3) Complaints regarding enforcement of the standards of care shall be directed to
the summer camp director. The recreation superintendent will be responsible to take
the necessary steps to address the complaint and resolve the problem, if any.
Complaints regarding enforcement of the standards of care and resolution of
complaints arising under the standards of care shall be recorded by the recreation
superintendent. All complaints regarding enforcement of the standards of care where
a deficiency is noted will be forwarded to the recreation superintendent director of
parks and recreation with the complaint and the resolution noted.
(e) Enrollment. Before a child may become a participant, a parent/guardian must complete and
sign registration forms that contain information pertaining to the participant and their parent(s).
The following information must be provided:
(1) Name, address, home telephone number.
(2) Parent/guardian's name, address and telephone numbers during program hours.
(3) Emergency contacts including names and phone number during program hours.
(4) Names and driver's license numbers of people to whom the child may be
released.
(5) A statement of the child's special problems, needs or medical conditions.
(6) Emergency medical authorization.
(7) Permission for field trips.
(8) Liability waiver.
(f) Suspected abuse.
(1) Program employees will report suspected child abuse or neglect in accordance
with the Texas Family Code. In the case where a town employee is involved in an
incident with a child that could be construed as child abuse, the incident must be
reported immediately to the recreation superintendent and aquatics and recreation
specialist. The recreation superintendent will immediately notify the police department
and any other agency as may be appropriate.
(2) State law requires the staff of these youth programs to report any suspected
abuse or neglect of a child to the Texas Department of Protective and Regulatory
Services or a law enforcement agency. Failure to report suspected abuse is
punishable by fine up to $1,000.00 and/or confinement up to 180 days. Confidential
reports may be made by calling 1-800-252-5400.
(g) Staffing - responsibilities and training.
(1) Aquatics and recreation specialist and recreation superintendent.
(A) Aquatics and recreation specialist and recreation superintendent are full-
time, professional employees of the town's parks and recreation department and
will be required to have all the same qualifications as outlined in subsection
(g)(2).
(B) Aquatics and recreation specialist and recreation superintendent must
meet the minimum education/experience requirements for employment with the
town to plan and implement recreation activities.
(C) Aquatics and recreation specialist and recreation superintendent must be
able to pass a background investigation including a test for illegal substances.
(D) Aquatics and recreation specialist and recreation superintendent must
have a current certification in first-aid, Cardio Pulmonary Resuscitation (CPR)
and AED. All certifications must be current during the camp operation.
(E) Aquatics and recreation specialist and recreation superintendent are
responsible for administering the programs' daily operations in compliance with
the adopted standards of care.
(F) Recreation superintendent is responsible for hiring, supervising, and
evaluating the summer director, summer assistant directors, and summer
counselors.
(G) Recreation superintendent is responsible for planning, implementing, and
evaluating programs.
(2) Youth program staff.
(A) Program employees include director, assistant director(s), and counselors.
(B) Program employees may be full-time, part-time, or seasonal employees of
the parks and recreation department.
(C) Program employees shall be age 16 or older. However, each site will have
at least one employee age 21 or older on site at all times.
(D) Program employees should consistently exhibit competency, good
judgment, and self-control when working with participants.
(E) Program employees must relate to participants with courtesy, respect,
tolerance, and patience.
(F) Program employees must have a current certification in first-aid, Cardio
Pulmonary Resuscitation (CPR) and AED. All certifications must be current
during the camp operation.
(G) Program employees must pass a background investigation when
applicable, including testing for illegal substances.
(H) Program employees will be responsible for providing participants with an
environment in which they can feel safe, enjoy wholesome recreation activities,
and participate in appropriate social opportunities with their peers.
(I) Program employees will be responsible to know and adhere to all town,
departmental, and youth program standards as well as policies and procedures
that apply to the youth programs.
(J) Program employees must ensure that participants are only released to a
parent or authorized person, designated by the parent or guardian. If a parent
wishes their child to sign himself in or out the parent must provide specific, written
authorization.
(3) Training and orientation.
(A) The department is responsible for providing training and orientation to
program employees in working with children and for specific job responsibilities.
(B) Program employees will be provided with a staff manual.
(C) Program employees must be familiar with the standards of care for youth
programs as adopted by the town council.
(D) Program employees must be familiar with the program policies including
discipline, guidance, and release of participants as outlined in the staff manual.
(E) Program employees will be trained with appropriate procedures to handle
emergencies.
(F) Program employees will be trained in areas including town departmental
program policies, procedures, leading activities, and safety issues.
(G) Program employees will be required to sign an acknowledgement that they
have received the required training.
(h) Operations.
(1) Staff to participant ratio.
(A) The standard ratio of participants to staff is 1:15 based on average daily
attendance. In the event a program employee is unable to report to the program
site, the recreation superintendent will assign a replacement.
(B) Program employees are responsible for being aware of the participants'
habits, interests, and special needs as identified by the participant's'
parent/guardian during the registration process.
(2) Discipline.
(A) Program employees will implement discipline and guidance in a consistent
manner based on the best interest of program participants.
(B) There will be no cruel treatment or harsh punishment.
(C) Program employees may use brief, supervised separation from the group
if necessary.
(D) As necessary, program employees will initiate behavior reports to the
parents of participants. Parents will be asked to sign the behavior reports to
indicate they have been advised about specific problems or incidents.
(E) A sufficient number and/or severe nature of a discipline report(s) as
indicated in the program manual may result in a participant being suspended
from the program.
(F) In instances where there is a danger to other participants or staff, offending
participants will be removed from the program site as soon as possible.
(3) Programming.
(A) Program employees will attempt to provide activities for each group
according to participants' age, interests, and abilities. The activities will be
appropriate to participants' health, safety, and well-being. The activities must be
flexible and promote the participants emotional, social, and mental growth.
(B) Program employees will attempt to provide indoor and outdoor time
periods to include:
(i) Alternating active and passive activities;
(ii) Opportunity for individual, small and large group activities, and
(iii) Outdoor time each day as weather permits.
(C) Program employees will be attentive and considerate of the participants'
safety on field trips and during any transportation provided by the program.
(i) During trips, program employees must have access to emergency
medical forms and emergency contact information for each participant;
(ii) Program employees must have a written list of participants in the
group and must check the roll frequently, specifically before departure to
and from location; and
(iii) Program employees must have first-aid supplies and emergency
care available on field trips.
(4) Communication.
(A) Each program site will have access to a telephone for use in contacting
department staff or making emergency calls.
(B) The recreation superintendent will make available the following telephone
numbers to all employees at each site:
(i) Emergency services.
(ii) Town police department dispatch.
(iii) Parks and recreation department.
(iv) Poison control.
(v) Numbers at which parents/guardians may be reached.
(vi) Aquatics and recreation specialist.
(vii) Recreation superintendent.
(viii) Telephone and address for the program site itself.
(ix) Field trip destinations.
(5) Transportation.
(A) Before a participant can be transported to and from town-sponsored
activities, the field trip release statement must be marked by the parent/guardian
on the registration form.
(B) First-aid supplies will be available in all program vehicles that transport
children.
(C) All program vehicles used for transporting participants must have available
a portable fire extinguisher and must be accessible to the adult occupants.
(D) Seatbelts must be worn when provided.
(i) Facility standards.
(1) Safety.
(A) Program employees will inspect the program site daily to detect sanitation
and safety concerns that might affect the health and safety of the participants. A
weekly inspection report will be completed by the program employees and kept
on file by the recreation superintendent.
(B) Buildings, grounds, and equipment on the program site will be inspected,
cleaned, repaired, and maintained to protect the health of the participants.
(C) Program equipment and supplies should be safe for the participants' use.
(D) Program must have first-aid supplies readily available at each site, during
transportation to an off-site activity, and for the duration of the off-site activity.
(E) Air conditioners, electric fans, and heaters must be mounted out of
participants reach or have safeguards that keep participants from being injured.
(2) Fire.
(A) In case of fire, danger, explosion or other emergency, program employees'
first priority is to evacuate the participants to a designated safe area.
(B) Each program site must have at least one fire extinguisher approved by
the fire marshal readily available to all program employees.
(C) All program employees will be trained in proper use of fire extinguishers
as well as locations of fire extinguishers through the program site.
(3) Illness or injury.
(A) A participant who is considered to be a health or safety concern to other
participants or employees will not be admitted to the program.
(B) Illnesses or injuries will be handled in a manner to protect the health of all
participants and employees.
(C) Program employees will follow plans to provide emergency care for injured
participants with symptoms of an acute illness as specified in the program
manual.
(D) Program employees will follow the recommendation of the Texas
Department of State Health Services concerning the admission or readmission
of any participant after a communicable disease.
(4) Medication.
(A) Parent/guardian must complete and sign a medication release that
provides authorization for program staff to dispense medication with details as to
times and dosages. The release will include a hold harmless clause to protect
the town.
(B) Prescription medications must be in the original containers labeled with
the participants' name, a date, directions, and the physician's name. The
prescribing physician must provide written guidelines. Program employees will
administer medication only as stated on the label. Program employees will not
administer medication after the expiration date.
(C) Nonprescription medications are labeled with the participant's name and
the date the medication was brought to the youth program. Nonprescription
medication must be in the original container. The program employees will
administer medication only according to the label directions and with written
parental permission.
(D) Medications dispensed will be limited to those not requiring special
knowledge or skills on the part of the program employees.
(E) Program employees will ensure medications are inaccessible to
participants. If necessary, medication will be kept in the refrigerator.
(5) Special needs.
(A) Every reasonable accommodation will be made to address special needs
participants.
(B) For health and safety reasons, special needs participants must provide a
personal attendant for assistance in feeding, changing of clothes, and using the
restroom if needed.
(6) Toilet facilities.
(A) The program site will have toilets located inside and equipped so
participants can use them independently and program employees can monitor
as needed.
(B) There must be one flush toilet for every 30 participants. Urinals may be
counted in the ratio of toilets to participants, but must not exceed 50% of the total
number of toilets.
(C) An appropriate and adequate number of lavatories will be provided.
(7) Sanitation.
(A) Program sites must have adequate light, ventilation, air conditioning, and
heat.
(B) The program must have an adequate supply of water meeting the
standards of the Texas Department of Health for drinking water and ensure that
it will be supplied in a safe and sanitary matter.
(C) Employees must see that garbage is removed from buildings daily.
(Ordinance 2017-10 adopted 4/11/17; Ordinance 2018-09 adopted 4/10/18; Ordinance
2019-11 adopted 4/9/19; Ordinance 2020-06 adopted 4/14/20; Ordinance 2021-07
adopted 4/13/21)
Secs. 1.08.002–1.08.030 Reserved
Division 2. Parks and Recreation Board
Sec. 1.08.031 Definitions
For the purpose of this division, the following terms, phrases, words and their derivations shall
have the meaning given herein:
Adult. A person eighteen (18) years of age or older.
Amplified device. Any sound system or other device which has the ability to increase or make
louder any voice or other sound or noise and which transmits such voice, sound or noise to the
general public or persons in the vicinity.
Baseball facility(ies). All structures or grounds within Independence East and Independence West
that are utilized for baseball or t-ball activities.
Director. The director of parks and recreation for the town or his designee.
Motorized cart or cart. Those electric or gasoline powered motor vehicles, commonly referred to
as golf carts, but which must have a minimum of four (4) wheels, which have an attainable top
speed of less than twenty (20) miles per hour on a paved level surface, and which have a valid
motorized cart permit issued in accordance with article 12.07, “motorized carts.” Specifically
excluded from this definition are those motorized conveyances commonly referred to as low
speed vehicles (LSV's), neighborhood electric vehicles (NEV's), all-terrain vehicles (ATV's), four-
wheelers, mules, gators, and go-carts.
Park. A park, playground, recreation center or any other area or facility owned, used, controlled,
or leased by the town and devoted to active or passive recreation.
Park property. A park, playground, athletic facility or any other area located within the incorporated
limits of the town that is owned or leased by the town, and devoted to active or passive recreation,
including all creeks, ponds and lakes maintained by the town.
Parks and recreation board or board. The town parks and recreation board appointed by the town
council.
Person. Individual(s) or a partnership, corporation or any other legal entity.
Special event permit. A permit issued by the town pursuant to the town's special event ordinance.
Tournament director. The person or his identified designee who is in charge of a tournament and
who is also designated as the primary point of contact with the town during a tournament.
Town manager. The town manager or his designee.
(Ordinance 2005-27 sec. 2, adopted 12/5/05; 2006 Code, Ch. 9, sec. 1.01; Ordinance 2008-32,
sec. 2, adopted 10/6/08; Ordinance 2013-10, sec. 2.01, adopted 3/4/13; Ordinance 2016-23, sec.
2.01, adopted 8/9/16)
Sec. 1.08.032 Board established; membership; meetings
The parks and recreation board consisting of seven (7) regular members is hereby established
as follows:
(1) Qualifications. Members shall be residents of the town.
(2) Compensation. Members shall serve without compensation.
(3) Staggered terms. Members' terms shall be for two (2) years each and expiration
of those terms shall be staggered. Places on the board shall be numbered 1 through
7. Places 1 through 3 on the initial board shall serve for a term of two (2) years, and
places 4 through 7 shall serve an initial term of one (1) year. Upon expiration of that
one (1) year term, members appointed to those seats shall serve on a regular two (2)
year term interval.
(4) Hold-over when replacement member has not qualified. 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 council shall annually elect a chairperson. The board shall annually
elect a vice-chairperson and a secretary.
(A) The chairperson shall preside over meetings and shall be entitled to vote
upon each issue. The 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 review minutes of all meetings, and in the secretary's
absence the chairperson shall designate another member to act as secretary.
Upon approval by the board, the secretary shall sign the official copy of the
minutes. The secretary shall distribute, once a year at the first regular meeting,
a copy of the current parks and recreation ordinance.
(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) Director to be 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 from meetings.
(A) 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. A member's
absence will be considered at the next regularly scheduled meeting following the
absence.
(B) Members should attempt to make all regular meetings; however, 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 or staff liaison about attendance.
(C) The chairperson of the board 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 division, unless the chairperson
designates another time, date and place and all members of the board are notified at
least seven (7) days in advance.
(10) Quorum. A majority of members shall constitute a quorum.
(11) Minutes. Minutes of each board meeting shall be filed with the town secretary.
(Ordinance 2005-27, sec. 3, adopted 12/5/05; 2006 Code, Ch. 9, sec. 1.02; Ordinance 2008-32,
sec. II, adopted 10/6/08; Ordinance 2015-22 adopted 8/25/15)
Sec. 1.08.033 Powers and duties
(a) Generally. 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 parks 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 director. It shall advise the board [director] on problems of
development of recreation areas, facilities, programs and improved recreation
services.
(4) Recommendation of standards. It shall recommend the adoption of standards
for areas, facilities, programs and financial support for parks and recreation purposes.
(5) Recommendations on capital improvement programs and acquisitions. 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) Solicitation of grants. 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 the 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. The board may, from time to time, recommend to the town council
amendments to this division.
(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) Review of 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) Adoption of additional rules. The board shall have authority to adopt such
additional rules that are not in conflict with this division that it deems necessary to carry
out the purpose and intent of this division, subject to town council approval.
(12) Actions of board. 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.
(b) Board to serve as tree board. The parks and recreation board shall serve as the tree board
for the town with those duties and responsibilities set forth in article 10.02, division 8 (tree
preservation and removal) of the Code of Ordinances of the town, as amended.
(Ordinance 2005-27, sec. 4, adopted 12/5/05; 2006 Code, Ch. 9, sec. 1.03; Ordinance 2008-32,
sec. II, adopted 10/6/08; Ordinance 2011-06, sec. 2.03, adopted 3/21/11)
Sec. 1.08.034 Procedures
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.
(Ordinance 2005-27, sec. 5, adopted 12/5/05; 2006 Code, Ch. 9, sec. 1.04; Ordinance 2008-32,
sec. II, adopted 10/6/08)
Secs. 1.08.035–1.08.060 Reserved
Division 3. Park Regulations
Sec. 1.08.061 Park property generally; prohibited acts
Except as otherwise expressly provided, no person shall engage in any conduct prohibited by any
section of this division, including but not limited to one or more of the following acts, while in or
upon park property located within the incorporated limits of the town:
(1) To ride, hitch, fasten, lead, drive, or let loose any animal; provided however, this
prohibition shall not apply to a dog when led by a chain, cord, or leash or to a dog
utilizing the fenced area of Freedom Dog Park.
(2) To use, carry or discharge any firearm (except as allowed by state law), firework,
air gun, paintball gun, BB gun, slingshot, any manner of propelled weaponry, knife or
other similar lethal instruments.
(3) To use or operate any model, helicopter, plane, boat, rocket or any radio
controlled device except in areas specifically designated for such purposes by the
director.
(4) To use or operate any motorboat, boat, kayak, canoe or watercraft on the waters
of any lake, pond, or stream except in areas specifically designated for such purposes
by the director.
(5) To damage, cut, break, injure, deface, disturb, mark, write upon, paint, or disturb
any tree, shrub, plant, rock, building, monument, fence, bench, or other structure.
(6) To plant or place any tree, shrub, plant, rock, building, monument, fence, bench
or other structure except in areas specifically designated for such purposes by the
director.
(7) To swim, bathe, wade in or pollute the water of any pond, lake, or stream.
(8) To make or kindle a fire, except in town-installed bar-b-q pits or in areas
specifically designated for such purposes by the director or at a time when a burn-ban
has been declared to be in effect by Denton or Tarrant County as applicable.
(9) To discharge any noxious liquid, greywater, or solids on or into any grounds,
ponds, fountains, lakes, or streams.
(10) To leave litter, garbage, cans, bottles, or other refuse elsewhere than in refuse
containers provided for such purpose.
(11) To participate or engage in any activity when such activity may cause, create
or result in a danger to the public or may be considered a nuisance to other users of
park property or a hazard to public safety and welfare.
(12) To disrupt in any manner any picnic, meeting, service, concert, exercise, event,
or exhibition.
(13) To distribute, post, place, or erect any device or document, including without
limitation, handbills, signs, circulars, notices, papers, or other items displaying a
commercial advertisement or otherwise offering goods or services for sale without
written permission from the director, or as otherwise allowed by town ordinance or
state law.
(14) To fail or refuse to remove and properly dispose of solid animal waste of pets
or other animals brought onto park property.
(15) To sell or offer for sale any food, drinks, confections, merchandise, or services
except as authorized by the town pursuant to an approved written agreement, or by
written permission of the director for a town authorized or sponsored special event or
when such sale is operated by town.
(16) To practice, carry on, conduct, or solicit for any trade, occupation, business, or
profession, except when approved, operated or sponsored by the town.
(17) To play golf or use or play with golf balls or golf clubs, except when approved,
operated or sponsored by the town.
(18) To bring, carry, transport, or possess a glass container.
(19) To possess or consume alcoholic beverages of any kind.
(20) To play or bet on any game which is played, conducted, dealt, or carried on.
(21) To operate any amplified device except when operated by the town or when
operated as authorized by and in accordance with the parameters established by a
special event permit.
(22) For any person over the age of six (6) years to use a restroom and/or washroom
designated for a member of the opposite sex.
(23) To remain in or upon any park property at a time when the park property is
closed. Signs indicating hours of operation shall be posted at conspicuous locations
to give notice thereof. Hours of operation for park property shall be as follows:
(A) Except as otherwise specifically provided herein, all town park property
shall be open for use by the public from 6:00 a.m. until 10:00 p.m., unless the
use of such park properties has been scheduled with the town for an athletic use,
a special event, or a program, in which case use shall be restricted to persons
engaged in or attending.
(B) For tournament play, the facilities located at Harmony, Independence East,
and Independence West parks may be open on Friday and Saturday until 11:00
p.m. and on Sundays until 10:30 p.m., except that for Friday through Sunday
play only, upon request from the tournament director, the town manager or his
designee may authorize a thirty (30) minute extension for play.
(Ordinance 2013-10, sec. 2.03, adopted 3/4/13; Ordinance adopting Code; Ordinance 2016-16,
sec. 2, adopted 4/12/16)
Sec. 1.08.062 Vehicular regulations
Except as otherwise expressly provided, no person shall engage in any conduct prohibited by any
section of this division, including but not limited to one or more of the following acts, while in or
upon park property located within the incorporated limits of the town:
(1) Operate a motorized cart at a rate of speed in excess of fifteen (15) miles per
hour upon a drive, a designated area of a trail, a road or parking lot within or upon park
property unless such area is otherwise posted.
(2) Exhibit or cause any unnecessary acceleration of a vehicle, including but not
limited to acceleration or any other action which causes gravel to be thrown, tires to
squeal, or otherwise creates or causes a threat of injury or damage to persons or
property.
(3) Operate a vehicle, device, motorized assisted scooter or other motorized device
including, but not limited to vehicles known as ATV's anywhere within the playing
boundaries of a sports field.
(4) Park in areas other than those specifically designated for parking or as otherwise
authorized by the director.
(5) Where parking spaces are marked, all vehicles shall be parked within and
between the lines designating a single vehicle parking space and not otherwise in a
manner that utilizes more than one parking space.
(6) No vehicle shall be parked, stopped, or left standing behind any other vehicle in
any location or in any manner that will obstruct, block, or hinder ingress or egress from
the line, a parking space, or a parking area. Any vehicle that is parked, stopped, or left
in violation of this section may be removed at the owner's expense by a peace officer
or by an authorized representative of the town if the owner or operator of the vehicle
is not in control of the vehicle or cannot be located to remove the obstructing vehicle
and the obstruction creates an immediate hazard or hindrance to the flow of vehicle.
No variation to the requirements of this section shall be allowed unless specifically
authorized in writing by the director. This section is cumulative of remedies authorized
by state law for the removal of unauthorized vehicles.
(7) Cause or allow either an operable or an inoperable motor vehicle or motorized
cart to remain on any parking area for a period of more than twenty-four (24)
continuous hours.
(Ordinance 2013-10, sec. 2.03, adopted 3/4/13; Ordinance 2016-23, sec. 2.02, adopted 8/9/16)
Sec. 1.08.063 Roller skates, roller blades, in-line skates, skateboards, coasters,
scooters and bicycles
The use of roller skates, roller blades, in-line skates, skateboards, coasters, scooters and bicycles
or similar device is permitted upon any sidewalk, pathway or park trail. Notwithstanding the
foregoing, a person shall not ride or use any roller skates, roller blades, in-line skates,
skateboards, coasters, scooters and bicycles in an area where a sign prohibiting such conduct is
posted. (Ordinance 2013-10, sec. 2.03, adopted 3/4/13)
Sec. 1.08.064 Use of tobacco products
It shall be unlawful for any person to use any tobacco product or to smoke, or possess burning
tobacco or other plant product in any park where signs prohibiting such conduct are posted.
Smoking is allowed in town parking areas which either service or are part of park property.
(Ordinance 2013-10, sec. 2.04, adopted 3/4/13)
Sec. 1.08.065 Unshelled nuts and seeds
It shall be unlawful for any person to use, distribute or sell unshelled seeds or nuts of any variety
in any baseball facility, except during tournament play. (Ordinance 2013-10, sec. 2.05, adopted
3/4/13)
Sec. 1.08.066 Freedom Dog Park
(a) No dog shall be permitted in Freedom Dog Park except when in the care, custody and
control of a person at least twelve (12) years of age. Any person under twelve (12) years of age
shall be accompanied by and be under the direct supervision of an adult while in Freedom Dog
Park.
(b) All dogs shall be at least four (4) months of age and shall display a tag displaying a current
rabies vaccination. It shall be a violation for a person to allow or permit a dog to utilize or to be
within Freedom Dog Park if the dog does not meet the foregoing requirements.
(c) No animals other than dogs shall be permitted within the fenced area of Freedom Dog Park
except as authorized by the director for the purpose of a town approved special event or program.
(d) All dogs shall remain on-leash while entering and exiting the Freedom Dog Park.
(e) Dogs over thirty-five (35) pounds shall not be allowed in the area identified for use as the
“small dog” area.
(f) Food shall not be allowed in the Freedom Dog Park, including without limitation, treats used
for training purposes, except when authorized by the director for a town approved special event
or program.
(Ordinance 2013-10, sec. 2.06, adopted 3/4/13)
Sec. 1.08.067 Exemptions
(a) All town and MUD1 vehicles shall be exempt from the restrictions of this division.
(b) Town staff may perform maintenance operations on any field outside of the posted hours
with the provision that field lights may not be used during such operations.
(c) Organizations requesting the use of park properties or facilities outside of the established
operational hours may request a special event permit pursuant to the town's special event
ordinance.
(Ordinance 2013-10, sec. 2.07, adopted 3/4/13)
Secs. 1.08.068–1.08.090 Reserved
Division 4. Trophy Club Park
Part I. In General
Sec. 1.08.091 Definitions
Alcoholic beverage. All beverages containing any amount, quantity or content of alcohol.
All-terrain vehicle. 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. 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. 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. A motorcycle equipped with a motor that has an engine piston displacement
of 250 cubic centimeters or less.
Park, park facility or park land. Park land or recreational or park facilities located within Trophy
Club 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. The written rules, regulations and policies adopted by
the town which govern the use of Trophy Club Park.
Parking area. Any designated portion of any park or any park road or drive which is set aside for
the parking of vehicles.
Permit. Written permission from the town 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. Any individual, person, firm, partnership, association, corporation, company or
organization of any kind.
Title 36. Title 36, Parks, Forests, and Park Land, of chapter III, U.S. Army Corps of Engineers,
part 327, Rules and Regulations Governing Public Use of Water Resources Development
Projects Administered by the Chief of Engineers, as amended.
Town designee. The person designated by the town council to oversee the administration of this
division, including that person's designee.
Trail or course. 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 or conveyance propelled by motor or engine.
Vessel. Any watercraft other than a seaplane on water used or capable of being used for
transportation on water.
Watercraft. 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.
(Ordinance 2002-45, sec. 2, adopted 12/16/02; Ordinance 2003-06, sec. 2, adopted 4/7/03; 2006
Code, Ch. 9, sec. 2.01; Ordinance adopting Code)
Sec. 1.08.092 Hours open to public; signage
(a) Trophy Club Park shall be open to the general public only between the hours posted below:
Park Operational Hours
Season Days Park Opens Park Closes
Summer Monday through Sunday 6:00 a.m. 8:00 p.m.
Parts of
Fall/Spring
Monday through Sunday 6:00 a.m. 7:00 p.m.
Winter Monday through Sunday 6:00 a.m. 6:00 p.m.
Park ORV/OHV Operational Hours
Season Days Park Opens From
(OHV)
To
(OHV)
Park
Closes
Summer Monday through Sunday 6:00 a.m. 8:00 a.m. 8:00 p.m. 8:00 p.m.
Parts of
Fall/Spring
Monday through Sunday 6:00 a.m. 8:00 a.m. 7:00 p.m. 7:00 p.m.
Winter Monday through Sunday 6:00 a.m. 8:00 a.m. 6:00 p.m. 6:00 p.m.
(b) 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.
(c) The town designee shall cause signs to be placed within Trophy Club Park advising persons
of the prohibitions contained in this division 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.
(Ordinance 2002-45, sec. 3, adopted 12/16/02; Ordinance 2003-06, sec. 3, adopted 4/7/03; 2006
Code, Ch. 9, sec. 2.02; Ordinance adopting Code)
Sec. 1.08.093 General prohibitions
Persons utilizing Trophy Club Park facilities shall comply with all U.S. Army Corps of Engineers
regulations and federal, state and local laws, rules and regulations, including but not limited to
title 36, town 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) Carry any firearms prohibited under state and federal law or 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) Participate in any activity when such activity will create a danger to the public
or shall be considered a public nuisance.
(11) 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) 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) 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) Park vehicles or trailers upon the grass, lawn or anywhere else, other than in
those areas designated for that purpose.
(15) Park vehicles anywhere except within and between visible lines designating a
single vehicle parking space of any parking lot when such visible parking space lines
have been placed upon such parking lots.
(16) Park any vehicle in any parking area so as to obstruct, block or hinder ingress
or egress to a parking area.
(17) Operate vehicles off the surface of designated roadways, trails or courses.
(18) 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 the 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.
(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 maintain or exhibit any gambling table or other instrument
of gambling or gaming.
(26) Disturb in any manner any picnic, meeting, service, concert, exercise or
exhibition or permitted special event.
(27) 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) Practice, carry on, conduct or solicit for any trade, occupation, business or
profession without the appropriate permit or authorization of the town.
(29) Camp overnight.
(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 division, 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 Corps 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 involve thrown or otherwise propelled
objects such as golf balls, stones, arrows, 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 or thing, liquid or solid, which will or
shall result in the pollution of such waters.
(Ordinance 2002-45, sec. 4, adopted 12/16/02; Ordinance 2003-06, sec. 4, adopted 4/7/03; 2006
Code, Ch. 9, sec. 2.03; Ordinance adopting Code)
Sec. 1.08.094 Exemptions
In addition to the specific exemptions provided to the town, its contractors and employees in this
division, subsections (1), (8), (11), (13), (14), (16), and (17) of section 1.08.093 shall not apply to
vehicles operated by town, county, state or federal agencies when such vehicles are operated for
the purpose of maintenance or improvements to Trophy Club Park. (Ordinance 2002-45, sec. 5,
adopted 12/16/02; Ordinance 2003-06, sec. 5, adopted 4/7/03; 2006 Code, Ch. 9, sec. 2.04;
Ordinance adopting Code)
Sec. 1.08.095 Adoption of additional regulations
The town manager and her designee(s) shall, from time to time, promulgate rules and regulations
governing the use of Trophy Club Park. Such rules and regulations shall be either in the form of
an ordinance duly enacted by the town council or in the form of formal rules and regulations
approved and adopted by the town council. (Ordinance 2002-45, sec. 6, adopted 12/16/02;
Ordinance 2003-06, sec. 6, adopted 4/7/03; 2006 Code, Ch. 9, sec. 2.05; Ordinance adopting
Code)
Sec. 1.08.096 Operation of vehicles generally
(a) All applicable state and local vehicle and traffic laws and ordinances shall continue in full
force and effect in Trophy Club 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.
(b) The maximum rate of speed on each of the streets, roads and highways within Trophy Club
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.
(c) 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.
(Ordinance 2002-45, sec. 7, adopted 12/16/02; Ordinance 2003-06, sec. 7, adopted 4/7/03; 2006
Code, Ch. 9, sec. 2.06; Ordinance adopting Code)
Sec. 1.08.097 All-terrain vehicles, motorcycles, mopeds and motor-driven cycles
(a) A person shall not operate an all-terrain vehicle within or upon the park property unless the
person:
(1) Holds a safety certificate issued under Texas Transportation Code, chapter 663,
All-Terrain Vehicles, subchapter B, All-Terrain Vehicle Operator Education and
Certification, or under the authority of another state;
(2) Is taking a safety training course under the direct supervision of a certified all-
terrain vehicle safety instructor; or
(3) Is under the direct supervision of an adult who holds a safety certificate issued
under applicable law.
(b) A person to whom a safety certificate required by subsections (a)(1) through (3) of this
section has been issued shall:
(1) Carry the certificate when the person operates an all-terrain vehicle on park
property; and
(2) Display the certificate at the request of any law enforcement officer.
(c) 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.
(d) An all-terrain vehicle that is operated on park property must be equipped with:
(1) A brake system maintained in good operating condition;
(2) An adequate muffler system in good working condition; and
(3) A United States Forest Service qualified spark arrester.
(e) An all-terrain vehicle that is operated on park property must display a lighted headlight and
taillight:
(1) During the period from one-half hour after sunset to one-half hour before sunrise;
and
(2) At any time when visibility is reduced because of insufficient light or atmospheric
conditions.
(f) A person shall not operate an all-terrain vehicle on park property if:
(1) The vehicle has an exhaust system that has been modified with a cutout, bypass,
or similar device; or
(2) The spark arrester has been removed or modified, unless the vehicle is being
operated in a closed-course competition event.
(g) The town designee shall exempt all-terrain vehicles that are participating in certain
competitive events from the requirements of this section.
(h) 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:
(1) A safety helmet that complies with United States Department of Transportation
standards; and
(2) Eye protection.
(i) 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.
(j) A person shall not carry a passenger on an all-terrain vehicle, motorcycle, motor-driven
cycle, or moped operated on park property.
(k) 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.
(l) 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:
(1) Brings the vehicle to a complete stop before crossing the shoulder or main
traveled way of the roadway;
(2) Yields the right-of-way to oncoming traffic that is an immediate hazard;
(3) 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.
(m) 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.
(n) 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 operate such vehicle.
(Ordinance 2002-45, sec. 8, adopted 12/16/02; Ordinance 2003-06, sec. 8, adopted 4/7/03; 2006
Code, Ch. 9, sec. 2.07)
Sec. 1.08.098 Usage fees
(a) The following fees shall be collected from park users as applicable:
(1) General vehicle entry $2.00 for residents and $5.00 for non-residents.
(2) Boat launch in addition to general vehicle entry - $5.00 for residents and $10.00
for non-residents.
(3) Special event permit fee: $50.00.
(4) Security fee: Special events personnel fee is $50.00 per hour per person for a
minimum of 4 hours. In addition, there is a $20.00 per hour vehicle fee for personnel.
(5) Annual pass (for entry fee and boat launch only): $75.00 per year for
nonresidents of the town; $50.00 per year for residents and other categories of users
as approved by the town council. In the event that there is a conflict between the fee
charged in this division and the fee charged in the schedule of fees ordinance, the
amount specified in the fee ordinance shall control the fees charged for Trophy Club
Park. The annual pass is valid from January 1st to December 31st 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.
(6) A replacement pass may be purchased. A replacement pass may be purchased
in the event that (A) an annual pass is damaged, or (B) the vehicle for which the pass
is issued is damaged or sold, or (C) ownership of the vehicle is otherwise transferred,
and (D) 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 for
residents and $10.00 for nonresidents 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.
(b) Notwithstanding any provision in this division establishing a fee, in the event of a conflict
between the amount of the fee specified in this division and the amount of the fee 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.
(Ordinance 2002-45, sec. 9, adopted 12/16/02; Ordinance 2003-06, sec. 9, adopted
4/7/03; 2006 Code, Ch. 9, sec. 2.08; Ordinance 2021-11 adopted 5/25/21)
Secs. 1.08.099–1.08.120 Reserved
Part II. Special Event Permit
Sec. 1.08.121 Application
(a) 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.
(b) Permit applications for organized events or activities to be held within the park shall at a
minimum provide the following information:
(1) 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;
(2) The date(s) and hours for which the permit is requested;
(3) Type of proposed use or activity;
(4) The portion of the park facility desired to be used to conduct the proposed use
or activity;
(5) An estimate of the anticipated attendance; and
(6) Any requested site support for the permitted activity, including the need for
additional sanitary and refuse facilities.
(c) Permit applications for events or activities pursuant to this section shall be filed with the
town designee for consideration not less than sixty (60) business days for large events and not
less than thirty (30) business days for small events 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 division within thirty (30) business days of receipt of such request.
(d) 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.
(Ordinance 2002-45, sec. 10, adopted 12/16/02; Ordinance 2003-06, sec. 10, adopted
4/7/03; 2006 Code, Ch. 9, sec. 2.09; Ordinance 2021-11 adopted 5/25/21)
Sec. 1.08.122 Denial; conditions or restrictions
(a) Upon receiving a written application for permit, the town designee shall grant a written permit
for the requested special event unless:
(1) The proposed activity or use of the park will unreasonably interfere with or detract
from the general public use and enjoyment of the park;
(2) The proposed activity or use of the park will unreasonably interfere with or detract
from the health, safety or welfare of the public;
(3) 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;
(4) False or misleading information is contained in the application or required
information is omitted;
(5) The proposed activity or use would violate any federal, state, or municipal law;
or
(6) 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.
(b) The town designee shall impose reasonable conditions or restrictions on the granting of a
permit, including but not limited to any of the following:
(1) 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 cleanup or both. The amount of the security deposit shall be based upon the nature,
attendance, and duration of the permitted activity;
(2) A requirement that the applicant pay a fee as determined necessary by the town
designee based upon documented costs of furnishing adequate town personnel at the
proposed use or activity, including but not limited to security personnel;
(3) 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;
(4) 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.
(Ordinance 2002-45, sec. 11, adopted 12/16/02; Ordinance 2003-06, sec. 11, adopted 4/7/03;
2006 Code, Ch. 9, sec. 2.10)
Sec. 1.08.123 Appeals
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 division. 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 parks and
recreation committee and the council's decision shall be final. (Ordinance 2002-45, sec. 12,
adopted 12/16/02; Ordinance 2003-06, sec. 12, adopted 4/7/03; 2006 Code, Ch. 9, sec. 2.11)
ARTICLE 1.09 SPECIAL EVENTS
Sec. 1.09.001 Definitions
When used in this article, the following words and phrases shall be defined as follows:
Applicant. A person requesting a special event permit seeking to hold the special event and to
whom the special event permit is issued.
Block party. The use of a street, other than a major thoroughfare, for a residential neighborhood
function or event which may involve the temporary barricading of one or more streets.
Carnival. An event that includes amusement activities, rides, merry-go-rounds, booths for the
conduct of games of skill, food dispensary facilities, and sideshows, and/or a combination thereof.
Circus. An event that includes performers, animals or other such means of
entertainment and is performed in the open, in a tent, or in any other temporary
structure, but does not include performances held inside a permanent building or on
government-owned property.
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 nonp rofit civic
organization.
Concession. A facility at a special event where food, drink or other merchandise is
offered to the public.
Nonprofit organization. An organization or entity that is exempt from the payment of tax pursuant
to section 501(c)(3) of the Internal Revenue Code.
Off-site parking. Parking immediately adjacent to the site of the event or at a location outside of
the boundaries of the area approved by the town for the location of the special event.
On-site parking. Parking within the boundaries of the area approved by the town for the location
of the special event.
Parade. The assembly of persons whose gathering is the common design and purpose of
traveling or marching in procession from one location to another location on a public thoroughfare
or right-of-way for the purpose of advertising, fundraising, promoting, celebrating, or
commemorating a thing, person, date, or event or point of view on political, religious or social
issues.
Permit holder. The person to whom a special event permit is issued.
Person. An individual(s), corporation, a governmental entity, a nonprofit organization, a sole
proprietorship, a partnership, a wholesaler, a retailer, an association, or any other legal entity.
Reimbursable costs. All costs and expenses incurred by the town for activities associated with
staging and conducting of an event, as specifically set forth in this article.
Sidewalk. That portion of a street intended for the primary use of pedestrians that is located
between the curb lines, or lateral lines of a roadway, and the adjacent property lines.
Special event or event. A planned temporary aggregation of people or attractions
for a common purpose, including, but not limited to, community garage sales,
carnivals, circuses, street fairs, arts and crafts shows, rallies, public entertainments,
fun runs, walks, relays, marathons, parades, or other similar events or attractions, that:
(1) Are conducted primarily outdoors; and
(2) Interfere with the normal flow or regulation of pedestrian or vehicular traffic; or
(3) Require special government services, including, but not limited to, street closure,
provision of barricades, refuse services, stages, special parking arrangements, special
electrical services or special police services or protection.
Special events coordinator. The person designated by the town manager who shall serve as the
point of contact for applicants and permit holders and who shall serve as chair of the special event
review committee.
Special event permit or permit. Written authorization from the town authorizing a permit holder to
conduct a special event.
Special event review committee. A committee consisting of town staff from the police department,
fire department, community development, code enforcement, parks and recreation, streets, and
such additional departments as determined necessary by the town manager.
Street. The entire width of the publicly or privately owned right-of-way, when any part thereof is
open to the use of the public for purposes of vehicular traffic.
Town manager. The town manager of the Town of Trophy Club or his designee.
(Ordinance 2011-14, sec. 2.01 (15.01), adopted 4/4/11; Ordinance 2012-09, sec. 2.01, adopted
5/7/12; Ordinance 2019-01, secs. 2.02–2.03, adopted 1/8/19)
Sec. 1.09.002 Special events coordinator
(a) The special events coordinator shall be the authority responsible for administration and
enforcement of this article. The special events coordinator shall:
(1) Review the special event application submitted, and impose requirements as
necessary for public health, safety, and welfare based upon the scope and nature of
the proposed event as outlined by the responses provided by the applicant on the
application. Requirements of the special events coordinator shall be conditions
precedent to the issuance of a permit;
(2) Convene meetings of the special event review committee and serve as chair of
the committee;
(3) Have the authority to issue, deny, revoke, and/or suspend a permit;
(4) Have the authority to require a permit holder to add additional resources or take
additional actions during or after an event when determined necessary for public safety
and welfare; and
(5) Take actions necessary for the enforcement of this article, including, without
limitation, causing the issuance of citations for violations of this article.
(b) As expressly authorized in this article, decisions of the special events coordinator are
subject to appeal pursuant to section 1.09.008 of this article.
(Ordinance 2011-14, sec. 2.01 (15.04), adopted 4/4/11; Ordinance 2012-09, sec. 2.04, adopted
5/7/12)
Sec. 1.09.003 Permit required; exemptions
(a) Permit required. Unless expressly exempted from the requirements of this article, a person
shall obtain a special event permit prior to commencing, holding or conducting a special event
within the town. A person commits an offense if he commences, holds, or conducts a special
event or causes or allows the commencement, holding or conducting of a special event without a
valid special event permit in place for the special event.
(b) Events exempt from permit. The following special events shall be exempt from the permit
requirement of this article:
(1) A town or MUD 1 sponsored event;
(2) Events sponsored by the armed forces of the United States of America, the
military forces of the state, and the forces of the police and fire departments acting
within the scope of their duties;
(3) A block party; provided, however, that the town police department shall be
notified two (2) weeks in advance of the block party;
(4) A funeral procession; and
(5) Where it is determined by the town manager that the organization conducting
the event can demonstrate all of the following, the organization shall be exempt from
the permit requirement of this article:
(A) That the event shall be conducted solely on private property;
(B) That the event has adequate traffic control so as not to impede use of the
public streets;
(C) That the event has provided for adequate emergency vehicle access; and
(D) That the event has provided a minimum plan for crowd control during the
event.
(Ordinance 2011-14, sec. 2.01 (15.02), adopted 4/4/11; Ordinance 2012-09, sec. 2.02,
adopted 5/7/12; Ordinance 2019-01, sec. 2.01, adopted 1/8/19)
Sec. 1.09.004 Application for permit
(a) Generally; required information. An applicant seeking to conduct a special event within the
town shall submit an application meeting the requirements of this article. Town staff shall
determine the type and quantity of services and amenities that shall be provided by the applicant
for the safety and welfare of the event participants and general public. The applicant shall pay all
applicable fees and costs as required under this article and/or the schedule of fees. Special event
applications shall be submitted to the town's special event coordinator, and, at minimum,
applications shall provide the following information:
(1) Name, address, and contact information for the applicant. If the special event is
to be conducted for, on behalf of, or by any person or organization other than the
applicant, then the name, address and contact information for that person or
organization and written authorization from that person or organization shall be
provided;
(2) Date(s) and hours for which the permit is requested;
(3) Type of proposed use or activity;
(4) Type, location, and size of proposed signage;
(5) Number of participants and anticipated number of attendees;
(6) Proposed location of the special event, including any and all public areas for
which use is requested;
(7) Number, type and proposed locations of concession booths or structures that
will be used for the sale of goods or services;
(8) Number and location of parking spaces or, where parking spaces are not
available, the area designated to accommodate parking for the event, including an on-
site parking plan showing available parking that meets the requirements of this article
and, where required by this article, an off-site parking plan;
(9) Site map showing the location and size of tents, staging, and all other temporary
structures, location of fire lanes, and ingress and egress points;
(10) Location and number of sanitary facilities;
(11) Number and location of loudspeakers and/or other sound amplification devices
that will be used for the event and planned hours of usage. Use of the foregoing
equipment shall comply with applicable town regulations, including but not limited to
noise ordinance regulations (article 8.02);
(12) Plan for collection and disposal of solid waste;
(13) List of all other governmental and regulatory approvals needed for the special
event; and
(14) All other information as required on the town's special event application.
(b) Proof of compliance with other governmental regulations. As a condition precedent to the
issuance of a special event permit, an applicant shall submit written documentation that all permits
and approvals required by other governmental agencies have been obtained.
(c) Deadline for submission. Applications for a special event permit shall be filed not less than
ninety (90) days before the commencement date of the proposed special event. Applications
received less than ninety (90) days prior to the proposed commencement date of the special
events may be considered where the special events coordinator determines that the town has
sufficient advance notification to obtain and to provide the resources and services necessary to
support the event. Decisions of the special events coordinator under this section may be appealed
to the town manager in accordance with section 1.09.008 of this article.
(Ordinance 2011-14, sec. 2.01 (15.03), adopted 4/4/11; Ordinance 2012-09, sec. 2.03, adopted
5/7/12)
Sec. 1.09.005 Permit fee; reimbursable costs
(a) Permit fee. A permit fee in the amount established by the fee schedule in appendix A to this
code shall be paid in order to cover the costs of permit review and the administration of the permit.
(b) Reimbursable costs. In addition to the permit fee required in subsection (a), all reimbursable
costs, including without limitation the following, shall be paid as specifically set forth in this section:
(1) Barricades and cones.
(2) Special event parking.
(3) Food services inspection.
(4) Repair, maintenance and removal of facilities in the event of a failure of the
applicant/promoter.
(5) Repair of streets, alleys, sidewalks, parks and other public property.
(6) Police protection.
(7) Fire protection.
(8) Emergency medical service.
(9) Garbage disposal and cleanup.
(10) Traffic control.
(11) Other direct and indirect costs associated with the special event.
(c) Payment of reimbursable costs. In addition to applicable permit fees, the permit holder shall
be required to pay all reimbursable costs associated with the special event. The special event
coordinator shall provide an estimate of such reimbursable costs at least ten (10) days prior to
the event. As security for payment of the identified reimbursable costs, the permit holder shall
post a cash deposit in the full amount of the reimbursable cost estimate. Within seven (7) days
following the event, the special event coordinator shall provide the permit holder with written
notice of the total amount of the reimbursable costs actually incurred as a result of the event. If
the amount of the actual reimbursable costs is less than the amount of the written estimate, then
the town shall issue a refund within seven (7) days after the event. If the actual reimbursable costs
are greater than the written estimate of reimbursable costs, the permit holder shall pay the balance
in full on or before the date specified in the written notice from the town. If a permit holder fails to
pay the full amount of all reimbursable costs, future permits may be denied by town or the town
may require two times the amount of the estimated reimbursable costs on any and all future permit
applications. Decisions of the special events coordinator under this section may be appealed to
the town manager in accordance with section 1.09.008 of this article.
(Ordinance 2011-14, sec. 2.01 (15.05), adopted 4/4/11; Ordinance 2012-09, sec. 2.05, adopted
5/7/12; Ordinance adopting Code)
Sec. 1.09.006 Indemnification, insurance and bonding
(a) Indemnification. When a special event is partially or fully contained on property owned,
leased, or controlled by the town, applicants shall sign an agreement to indemnify and hold
harmless the town, its officers, employees, agents, and representatives against all claims of
liability and causes of action resulting from injury or damage to persons or property arising out of
the special event. Further, such applicant shall provide insurance and bonding as specifically set
forth in this section.
(b) Insurance and bonding required. When a special event is partially or fully contained on the
town rights-of-way or on property owned, leased, or controlled by the town, the applicant for a
special event permit shall furnish the town with a certificate of insurance stating that the town has
been added as an additional insured as well as the endorsement page and a surety bond
complying with standards established by the town. The amount of the surety bond and the amount
of insurance required may be increased or reduced based upon the type of special event,
equipment, machinery, location, number of people or animals involved and other pertinent factors
or risks associated with the special event. An application shall be denied if a valid certificate of
insurance and/or a valid surety bond meeting town specifications and approved by the town is not
provided.
(c) Return of bond; payment of additional costs. The surety bond shall be returned to the permit
holder within ten (10) days after his special event permit expires, upon certification by the town
manager that all conditions of this article have been met and the town has been compensated for
all costs associated with or incurred as a result of the event. Should actual costs be less than the
amount of the surety bond posted by the permit holder, the remainder shall be refunded to the
permit holder by the town. In the event that actual costs exceed this amount, the permit holder
shall pay such additional sum to the town within ten (10) days from the date of written notice by
the town. If all amounts due are not timely paid, no future permits shall be issued to the same
permit holder for a period not to exceed two (2) years. Nothing herein shall preclude the town
from enforcing any legal or equitable remedy against the permit holder in addition to the bond.
(d) Appeals. Decisions of the special events coordinator under this section may be appealed
to the town manager in accordance with section 1.09.008 of this article.
(Ordinance 2011-14, sec. 2.01 (15.06), adopted 4/4/11; Ordinance 2012-09, sec. 2.06, adopted
5/7/12)
Sec. 1.09.007 Denial or revocation of permit
(a) Grounds for denial. The special events coordinator may deny a special event permit if:
(1) The special event will conflict in time and/or location with a town function or
another special event, parade or assembly for which a permit has already been
granted or for which a permit application has already been filed and is under review;
(2) The applicant fails to comply with or the special event will violate an ordinance
of the town or any other applicable law;
(3) The applicant makes, causes, allows or permits the making of a false or
misleading statement or omission of material fact on an application for a special event
permit;
(4) The applicant has been convicted of violating this article, has had a special event
permit revoked within the twelve (12) month period preceding the date of the proposed
special event, or has failed to pay any reimbursable costs or other costs or fees
assessed by the town for a previous special event within the two (2) year period
preceding the date of the proposed special event;
(5) The applicant fails to provide proof of a license or permit required by this article,
by another town ordinance or by state law;
(6) The special event, as determined by the special event committee, would unduly
hinder or compromise the delivery or performance of normal services, including
previously scheduled construction or maintenance services, or of emergency services,
or constitutes a public threat, hazard, or nuisance;
(7) The applicant is unable or unwilling to provide any insurance or bond required
under this article;
(8) The applicant is unable or unwilling to pay any additional costs as may be
required by the town manager;
(9) The applicant fails to submit a complete application or fails to provide any
additional information requested by the special events coordinator; or
(10) The special events coordinator determines that the proposed date or time for
the special event or the location of the special event or parking for such special event
would unduly interfere with or disrupt the educational activities of a school when such
school is in session.
(b) Notice of denial. If the special events coordinator denies a permit, the special events
coordinator shall notify the applicant in writing of the denial or appealable determination within
five (5) days of such determination, and such notice shall state the reason(s) for the denial of the
application.
(c) Grounds for revocation. A special event permit shall be revoked by the special events
coordinator upon the occurrence of one or more of the following conditions:
(1) In the event that the police chief, fire chief, MUD 1 manager, other town officials
or their designated representatives find that any of the provisions of this article, of any
town ordinance, or of state law is being violated, such person shall immediately notify
the special events coordinator. The special event permit issued hereunder shall be
revoked if the permit holder fails to take immediate corrective action upon notification
by the special events coordinator;
(2) Notwithstanding the foregoing, when, in the judgment of the above-named
officials, a violation exists which requires immediate abatement, the special events
coordinator shall have the authority to immediately revoke a special event permit; or
(3) The permit holder provided false or misleading information on a permit
application, and a permit was issued based upon that false or misleading information.
(d) Notice of revocation prior to commencement of event. When revocation occurs prior to the
commencement of an event, notice of permit revocation pursuant to subsection (c) of this section
shall be made in writing immediately upon determination that revocation is proper. Appeals shall
be allowed in accordance with section 1.09.008.
(e) Notice of revocation during event. When revocation of a permit occurs at any time after the
commencement of, or during, an event, notice of permit revocation pursuant to subsection (c) of
this section shall be made verbally to the permit holder and, within five (5) days after the date of
revocation, written notice shall be provided to the permit holder. Appeals shall be allowed in
accordance with section 1.09.008 of this article.
(Ordinance 2011-14, sec. 2.01 (15.10), adopted 4/4/11; Ordinance 2012-09, sec. 2.08, adopted
5/7/12)
Sec. 1.09.008 Appeals
(a) Appeal process. As expressly allowed in this article, the applicant or permit holder may
appeal. All appeals shall be conducted in accordance with the following procedures:
(1) If the special events coordinator denies an application or makes a determination
under this article for which appeal is authorized, the town shall notify the applicant, or
permit holder, where applicable, in writing of the denial or appealable determination
within five (5) days of such determination. Such town notice shall state the reason(s)
for the denial of the application or the appealable determination. Any person aggrieved
shall have the right to appeal to the town manager.
(2) If the special events coordinator revokes a permit, the town shall notify the permit
holder as set forth in subsection (1) above, and if the permit holder elects to appeal
that determination he shall file written notice of appeal to the town manager.
(3) An appeal to the town manager shall be filed in writing and shall be filed with the
town secretary within five (5) calendar days after receipt of the town's notice of denial,
revocation, or other appealable decision. The town manager shall have five (5)
business days after receipt of the written notice of appeal to make a written
determination to uphold, modify, or overturn the decision of the special events
coordinator. Decisions of the town manager shall be final.
(b) Appeal to town council. Where an appeal to the town council is expressly authorized by this
article, such appeal shall be made in writing within five (5) days of written notice to the applicant
of such appealable determination. The town council shall hear the appeal at its next regularly
scheduled council meeting following the date of receipt of the written appeal and for which state
law posting and notice requirements can be met by the town. The decision of the town council
shall be final.
(Ordinance 2011-14, sec. 2.01 (15.11), adopted 4/4/11)
Sec. 1.09.009 Number of events; hours of operation; duration
A special event may be conducted only between the hours of 7:00 a.m. and 10:00 p.m. daily for
a maximum of three (3) consecutive days. Only six (6) special event permits per year may be
issued to a person or for a specific location within the town. Appeals of time limit restrictions shall
be made directly to the town council pursuant to section 1.09.008 of this article. In determining if
the issuance of a permit will exceed the maximum number of permits allowed per person or per
location, the town may include in that count permits issued for events that have been held or
sponsored by a person associated with or affiliated with or related to a previous permit applicant.
(Ordinance 2011-14, sec. 2.01 (15.07), adopted 4/4/11)
Sec. 1.09.010 Parking requirements; fire lanes
(a) On-site parking. An applicant shall submit evidence that sufficient on-site parking will be
available to accommodate the projected number of users plus ten percent (10%). If parking is to
be on private property adjacent to the special event, written evidence that the applicant has a right
of possession of the property through ownership, lease, license, or other property interest shall
be provided. When the location is not an established parking area, a plan shall be submitted which
shall show how required parking will be achieved and arranged. The number of parking spaces
and layout of the parking area, including aisle widths, size of parking spaces and number of
parking attendants provided, shall be included in the submittal.
(b) Off-site parking. When adequate on-site parking is not available, a proposed plan for off-
site parking shall be provided by the applicant for approval by the town. Such plan shall show how
off-site parking and transfer of attendees is proposed to be accomplished.
(c) Fire lanes. Fire lanes for emergency equipment shall be provided (if not already existing at
the site of the event), and, under the direction of the fire chief, the site shall be prepared in a
manner so as not to create a fire hazard.
(d) Authority of town to restrict off-site parking. Notwithstanding the existence of a special event
permit, the town shall have the authority when reasonably necessary for the health, safety, and
welfare of the public to prohibit or restrict off-site parking. It shall be unlawful for any person to
park or leave unattended any vehicle in a location where a sign is placed restricting or prohibiting
the parking of a vehicle.
(Ordinance 2011-14, sec. 2.01 (15.08), adopted 4/4/11)
Sec. 1.09.011 Miscellaneous requirements
(a) Notice to affected property owners. The town manager shall have authority to require that
an applicant or permit holder send notice of a special event to property owners identified by the
town manager when, in his judgment, the special event is of a scope and nature that will impact
those owners.
(b) Amusement rides. Rides and/or attractions associated with special events shall conform to
the statutory rules and regulations set forth in chapter 2151 of the Texas Occupations Code,
designated the “Amusement Ride Safety Inspection and Insurance Act,” as amended. The fire
marshal or other person designated by the town manager shall be authorized to inspect
amusement rides and/or attractions and shall have the authority to deny the use of the equipment
if, in his sole discretion, he determines that the equipment presents a potential or actual hazard
to participants or to the health, safety and welfare of the general public.
(c) Tents and temporary structures. Any special event which includes the use of a stage,
seating, tent, canopy, or other temporary structure shall meet the requirements of the town's fire
code and building code except that a separate permit is not required when a special event permit
has been obtained.
(d) Food and beverage service. Where food or beverage is provided or sold, such operation
shall be in compliance with all provisions of the food and food establishment ordinances of the
town, as well as all other applicable state and local laws.
(e) Animal waste; distance for keeping animals. Waste from animals used in a special event
shall be removed daily from the grounds. Should animals be kept within the town limits past 10:00
p.m., they shall be kept not less than five hundred (500) feet from the property line of all developed
residential property and not less than three hundred (300) feet from the property line of developed
commercial property.
(f) Water service. Any special event or related activity desiring use of water from the Municipal
Utility District 1 (MUD 1) water system must coordinate with MUD 1 to obtain a temporary meter.
(g) Solid waste collection and disposal. The applicant shall make appropriate arrangements for
the collection of all waste resulting from such special event, and commercial solid waste
dumpsters must be provided on-site at all outdoor special events. The applicant shall make
arrangements for the provision of such dumpsters with the town's franchised solid waste provider.
(h) Loudspeakers. When the use of loudspeakers or other sound amplification device is
approved in conjunction with the special event, the decibel sound level from the loudspeaker shall
not exceed 80 decibels at the property line of the event site for stationary events and may only be
used between the hours of 9:00 a.m. and 9:00 p.m., unless otherwise approved by the town
council. The town's noise ordinance shall control all other noises generated by or attributable to
the event.
(i) Signage. Signage used in accordance with the special event shall comply with the sign
regulations of the town under the provisions of the sign ordinance codified in section
3.09.065 (special purpose signs). Signs advertising the special event or directing potential
customers to the special event site are expressly prohibited in the medians of a public or private
roadway.
(j) Sanitary facilities. Unless indoor facilities are provided by the applicant, the town may require
a permit holder to provide portable-type sanitary facilities for the event in the number and at the
location(s) determined necessary and appropriate by town given the nature and scope of the
event and the estimated number of participants and attendees.
(Ordinance 2011-14, sec. 2.01 (15.09), adopted 4/4/11; Ordinance 2012-09, sec. 2.07, adopted
5/7/12)
ARTICLE 1.10 ENVIRONMENTAL PROTECTION
Division 1. Generally
Secs. 1.10.001–1.10.030 Reserved
Division 2. Water Conservation and Drought Response
Part I. In General
Sec. 1.10.031 Authority
This part applies when the town has jurisdiction over the area. Nothing in this part
will supersede any requirement of jurisdiction or contractual authority of Trophy Club
Municipal District No. 1. (Ordinance 2017-15 adopted 7/25/17)
Secs. 1.10.032–1.10.060 Reserved
Part II. Lawn and Landscape Irrigation Conservation
Sec. 1.10.061 Penalty
It shall be unlawful for any person to violate any provision of this part, and any person violating or
failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more
than two thousand dollars ($2,000.00), and a separate offense shall be deemed committed each
day during or on which a violation occurs or continues. (Ordinance 2006-17, sec. V, adopted
6/19/06; 2006 Code, Ch. 11, sec. 8.06)
Sec. 1.10.062 Restrictions
(a) Except for hand watering and the use of soaker hoses, a person shall not irrigate, water, or
cause or permit the irrigation or watering of any lawn or landscape located on premises owned,
leased, controlled, or managed by that person between the hours of 10:00 a.m. and 6:00 p.m.
(b) A person commits an offense if he knowingly or recklessly irrigates, waters, or causes or
permits the irrigation or watering of a lawn or landscape located on premises owned, leased,
controlled, or managed by the person in a manner that causes:
(1) A substantial amount of water to fall upon impervious areas instead of a lawn or
landscape, such that a constant stream of water overflows from the lawn or landscape
onto a street or other drainage area; or
(2) An irrigation system or other lawn or landscape watering device to operate during
any form of precipitation.
(c) A person commits an offense if, on premises owned, leased, controlled, or managed by that
person, he operates a lawn or landscape irrigation system or device that:
(1) Has any broken or missing sprinkler head; or
(2) Has not been properly maintained in a manner that prevents the waste of water.
(Ordinance 2006-17, sec. II, adopted 6/19/06; Ordinance 2008-05, sec. II, adopted 2/4/08; 2006
Code, Ch. 11, sec. 8.01)
Sec. 1.10.063 Rain-sensing devices and freeze gauges
(a) Any commercial or industrial customer class irrigation system installed within the town on
or after June 1, 2006 must be equipped with rain and freeze sensors.
(b) Any commercial or industrial customer class irrigation system installed within the town
before June 1, 2006 may not be operated after June 1, 2007 without being equipped with rain and
freeze sensors.
(c) The potable water supply to lawn irrigation system shall be protected against backflow in
accordance with the town's ordinances. All rain and freeze sensors for commercial customer class
lawn irrigation systems shall undergo annual inspection and testing as required by the town's
ordinances.
(d) Any residential customer class irrigation system installed within the town on or after June 1,
2007 must be equipped with rain and freeze sensors.
(e) It shall be unlawful for any person to knowingly or recklessly install, operate, or cause or
permit the installation of or the operation of an irrigation system in violation of this part or any
other ordinance of the town on premises owned, leased, controlled, or managed by that person.
(Ordinance 2006-17, sec. II, adopted 6/19/06; 2006 Code, Ch. 11, sec. 8.02)
Sec. 1.10.064 Variances
(a) Authorized; conditions. The director of community development may grant variances from
the provisions of this part to persons demonstrating extreme hardship and need as determined
by the director and only under the following conditions:
(1) The applicant must sign a compliance agreement on forms provided by the
director, agreeing to irrigate or water a lawn or landscape only in the amount and
manner permitted by the variance.
(2) Granting of a variance must not cause an immediate significant reduction in the
town's water supply.
(3) The extreme hardship or need requiring the variance must relate to the health,
safety, or welfare of the person requesting it.
(4) The health, safety or welfare of other persons must not be adversely affected by
granting the variance.
(b) Revocation. The director may revoke a variance granted when the director determines that:
(1) The conditions of subsection (a) of this section are not being met or are no longer
applicable;
(2) The terms of the compliance agreement are being violated; or
(3) The health, safety or welfare of other persons requires revocation.
(Ordinance 2006-17, sec. II, adopted 6/19/06; 2006 Code, Ch. 11, sec. 8.03)
Sec. 1.10.065 Appeals
An appeal of a decision of the director of community development denying a variance request or
placing conditions on a variance under this part may be made by a person aggrieved by such
determination by such person filing a written notice with the town within five (5) business days of
the issuance of the written decision of the director. Such notice shall specifically identify the basis
for the appeal from the denial of a variance or from the conditions placed upon a variance and
the reasons that the appellant believes relief is necessary, including but not limited to providing
the specific extreme hardship that the appellant claims. Upon timely filing of such written appeal,
the zoning board of adjustment, acting in its capacity as building board of appeals, shall hear such
appeal within fifteen (15) business days and shall make a determination regarding the denial of
such variance request or the conditions placed upon a variance. Failure to timely appeal shall
mean that the decision of the director is final. The decision of the zoning board of adjustment shall
be final. (Ordinance 2006-17, sec. II, adopted 6/19/06; 2006 Code, Ch. 11, sec. 8.04)
Sec. 1.10.066 Exemptions
Property owners who claim an exception to the requirements of this part shall file a written
notification to the permitting department. Such notice shall specify the date and location of
installation and shall be submitted to the permitting department within three (3) days of installation.
To qualify for such exception, one or more of the following criteria is required:
(1) Landscaping, including but not limited to turf area and plant materials, installed
in association with construction for which a permit has been issued is exempt from the
water restrictions for a period of 45 days after installation; or
(2) Landscaping, including but not limited to turf area or plant materials, installed on
public property is exempt from the water restrictions for a period of 45 days after
installation of such materials.
(Ordinance 2006-17, sec. II, adopted 6/19/06; 2006 Code, Ch. 11, sec. 8.05)
Secs. 1.10.067–1.10.090 Reserved
Part III. Drought Contingency Plan*
Sec. 1.10.091 Policy, purpose and intent; applicability
(a) Declaration of policy, purpose, and intent. Water uses regulated or prohibited under this
part are considered to be non-essential and continuation of such uses during times of water
shortage or other emergency water supply conditions are deemed to constitute a waste of water
which subjects the offender(s) to civil penalties imposed by the Trophy Club Municipal Utility
District No. 1 (Town of Trophy Club), and criminal penalties as set forth in this part. The purpose
of the restrictions imposed by this part is to implement a drought contingency plan to provide for
the management of water resources during times of drought and inadequate supply and to:
(1) Conserve the available water supply in times of drought and emergency.
(2) Maintain supplies for domestic water use, sanitation, and fire protection.
(3) Protect and preserve public health, welfare, and safety.
(4) Minimize the adverse impacts of water supply shortages.
(5) Minimize the adverse impacts of emergency water supply conditions.
(b) Applicability. Upon notification to the town by either the City of Fort Worth or the Trophy
Club Municipal Utility District No. 1 that one or more triggers for that implementation of this drought
contingency plan have been met, the provisions of this part shall become effective. Upon taking
effect, the provisions of this part shall apply to all persons utilizing potable water within the
corporate boundaries and extraterritorial jurisdiction of the town and provided by or through
Trophy Club Municipal Utility District No. 1 or any other source. The provisions of this part shall
apply when stage 1, stage 2, or stage 3 drought conditions have been declared to exist as
provided in this part and the regulations contained herein shall supersede other less restrictive
town ordinances and regulations related to water conservation during such times of drought or
water shortage. The provisions of this part shall not apply to locations serviced by treated
wastewater effluent or private wells.
(2006 Code, Ch. 11, secs. 9.01, 9.02; Ordinance 2009-18, sec. II, adopted 1/20/09; Ordinance
2013-13, sec. 2.01, adopted 5/20/13)
Sec. 1.10.092 Policy statement; year-round water management and conservation
requirements
(a) Policy statement. The town recognizes the need to promote water conservation as part of
an overall strategy for future planning efforts. Water conservation practices can extend the life of
existing infrastructure, extend the timing for new infrastructure, and reduce the need for added
water supply. Extending the time for infrastructure upgrades allows for more stable rates which
lessen the economic impact to customers. Based upon the known benefits of water conservation,
the town has determined it appropriate to implement a year-round water management plan as
provided in this section allowing for three (3) day per week outdoor irrigation for all customers.
(b) Year-round water management plan and conservation requirements.
(1) Until notification of the declaration of stage 1, stage 2, or stage 3 drought
conditions exist as required by this part, customers shall perform outdoor watering only
in accordance with the following schedule and pursuant to the following regulations:
(A) No watering on Mondays.
(B) Commercial addresses: Tuesdays and Fridays.
(C) Residential odd-numbered addresses: Thursday and Sunday.
(D) Residential even-numbered addresses: Wednesday and Saturday.
(E) Irrigation of all types, including without limitation irrigation by in-ground
sprinkler systems or by portable sprinkling devices, is prohibited on Mondays.
(F) Watering with a sprinkler or irrigation system is prohibited between the
hours of 10:00 a.m. and 6:00 p.m. every day.
(G) Watering with a soaker hose or drip irrigation is allowed at any time or on
any day except Mondays.
(H) Watering with a handheld hose or handheld bucket may be done at any
time on any day.
(I) For the first thirty (30) days after hydro mulch, grass sod, or grass seed is
installed for the purpose of establishing a new lawn, there shall be no restrictions
on watering. Upon demand by town, documentation of the date of installation
shall be provided by customer. On the thirty-first day after installation, all
watering restrictions provided in this section shall apply. This exception does not
apply to over-seeding with rye where turf already exists.
(2) Violations of the year-round water management requirements set forth in this
section are enforceable under section 1.10.094 of this part.
(Ordinance 2013-13, sec. 2.02, adopted 5/20/13; Ordinance 2017-15 adopted 7/25/17)
Sec. 1.10.093 Definitions
Aesthetic or scenic purposes. Water use for ornamental or decorative purposes such as fountains,
reflecting pools, and water gardens.
Commercial customer. A customer who uses water for the operations of commercial and nonprofit
establishments and governmental entities such as retail establishments, hotels and motels,
restaurants, and office buildings.
Customer. Any person purchasing water from Trophy Club Municipal Utility District No. 1 to
service an address within the corporate boundaries and extraterritorial jurisdiction of the town.
This term includes both residential and commercial customers.
District. Trophy Club Municipal Utility District No. 1 (TCMUD 1) that provides water, sewer and
fire protection services to customers within their boundaries or to customers outside their
boundaries by contract with the town.
District manager. The full-time, paid chief administrator for the district.
Domestic water use. Water use for personal needs or for household or sanitary purposes such
as drinking, bathing, heating, cooking, and sanitation, or for cleaning a residence, business,
industry, or institution.
Drought. Generally a lack of adequate water to supply needs or replenish supplies used.
Drought contingency plan. The provisions contained within this part relative to control of water
usage.
Drought response stage. Stage 1, Stage 2, or Stage 3 of the drought contingency plan.
Even-numbered address. Street addresses, box numbers, or rural postal route numbers ending
in 0, 2, 4, 6 or 8, and locations without addresses.
Landscape irrigation use. Water used for the irrigation and maintenance of landscaped areas,
whether publicly or privately owned, including residential and commercial lawns, gardens, golf
courses, parks and rights-of-way and medians.
Nonessential water use. Water uses that are neither essential nor required for the protection of
public, health, safety, and welfare, including:
(1) Landscape irrigation use, including parks, athletic fields, and golf courses, except
as otherwise provided under this plan;
(2) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other
vehicle;
(3) Use of water to wash down any sidewalks, walkways, driveways, parking lots,
tennis courts, or other hard-surfaced areas;
(4) Use of water to wash down buildings or structures for purposes other than
immediate fire protection;
(5) Flushing gutters or permitting water to run or accumulate in any gutter or street;
(6) Use of water to fill, refill, or add to any indoor or outdoor swimming pools or
Jacuzzi-type pools;
(7) Use of water in a fountain or pond for aesthetic or scenic purposes except where
necessary to support aquatic life;
(8) Failure to repair a controllable leak(s) within a reasonable period after having
been given notice directing the repair of such leak(s); and
(9) Use of water from hydrants for construction purposes or any other purposes
other than firefighting.
Odd-numbered address. Street addresses, box numbers, or rural postal route numbers ending in
1, 3, 5, 7 or 9.
Person. Any person, entity, firm, partnership, association, corporation, company, or organization
of any kind using water supplied by TCMUD 1 and/or the City of Fort Worth within the boundaries
and extraterritorial jurisdiction of the town. This term includes both residential and commercial
customers.
Town council. The town council of the Town of Trophy Club, Texas.
Trophy Club Municipal Utility District No. 1 or district . Trophy Club Municipal Utility District No. 1
(TCMUD 1) is the governmental entity in the town that provides water, sewer and fire protection
services to customers within the boundaries of the town and TCMUD 1 and to customers outside
the boundary of TCMUD 1 yet within the boundary of the town by contract with the town.
Water. Water taken from any public water supply or distribution system within the boundaries of
the district, potable or non-potable, and means either raw or potable water.
(2006 Code, Ch. 11, sec. 9.03; Ordinance 2009-18, sec. II, adopted 1/20/09)
Sec. 1.10.094 Enforcement; penalty
No person shall intentionally, knowingly, or recklessly violate any provision of this part. A violation
of this part shall be a class C misdemeanor punishable upon conviction by a fine of not less than
$1.00 and not more than $2,000.00 for each violation, and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues. Criminal
enforcement of the regulations contained herein shall be cumulative of any and all civil remedies
available at law or in equity. (2006 Code, Ch. 11, sec. 9.09; Ordinance 2009-18, sec. II, adopted
1/20/09)
Sec. 1.10.095 Notification of drought conditions
Notification that Stage 1, 2, or 3 drought conditions exist shall be provided to the public by means
of any one (1) or more of the following actions and shall specifically identify the drought response
stage in effect:
(1) Publication in a newspaper of general circulation;
(2) Public service announcements (cable channel and/or website, marquees, list-
serve); or
(3) Signs posted in public places.
(2006 Code, Ch. 11, sec. 9.04; Ordinance 2009-18, sec. II, adopted 1/20/09)
Sec. 1.10.096 Restrictions during Stage 1
(a) Prohibited conduct. Upon declaration that stage 1 drought conditions are in effect,
mandatory restrictions to prohibit nonessential water use shall become effective. It shall be
unlawful for a person to engage in any one or more of the acts listed below. No person shall:
(1) Cause or allow the hosing of paved areas, such as sidewalks, driveways, parking
lots, tennis courts, patios, or other impervious surfaces, except to alleviate an
immediate health or safety hazard;
(2) Cause or allow the hosing of buildings or other structures for purposes other
than fire protection or surface preparation prior to painting;
(3) Use water in such a manner as to allow runoff or other waste, including:
(A) Failure to repair a controllable leak, including a broken sprinkler head, a
leaking valve, leaking or broken pipes, or a leaking faucet, within twenty-four (24)
hours after the leak occurred;
(B) Operating a permanently installed irrigation system with:
(i) A broken head;
(ii) A head that is out of adjustment and the arc of the spray head is over
a street or parking lot; or
(iii) A head that is misting because of high water pressure;
(C) During irrigation, allowing water to:
(i) Run off a property and form a stream of water in a street for a distance
of fifty feet (50') or greater; or
(ii) Pond in a street or parking lot to a depth greater than one-quarter of
an inch;
(4) Cause or allow outdoor watering with sprinklers or irrigation systems between
the hours of 10:00 a.m. and 6:00 p.m. daily; or
(5) Cause or allow landscape watering with sprinklers or irrigation systems at any
service address more than two (2) times per week and/or on a day other than that
specified for such service address in the schedule provided below:
(A) Residential addresses ending in an even number (0, 2, 4, 6, or 8) may
water on Wednesdays and Saturdays.
(B) Residential addresses ending in an odd number (1, 3, 5, 7, or 9) may water
on Thursdays and Sundays.
(C) All nonresidential locations (apartment complexes, businesses, industries,
parks, medians, etc.) may water on Tuesdays and Fridays.
This prohibition applies to landscape watering of parks, golf courses, and sports
fields. Notwithstanding the foregoing, commercial customers are excepted as
specifically set forth below.
(6) Cause or allow an irrigation system or other lawn watering device to operate
during any form of precipitation or when temperatures are at or below 32 degrees
Fahrenheit.
(b) Exceptions. The following activities shall be allowed as exceptions to subsection (a) of this
section as expressly provided below:
(1) Foundations may be watered up to two hours on any day using a hand-held
hose, soaker hose or drip irrigation system placed within 24 inches of the foundation
that does not produce a spray of water above the ground.
(2) Newly installed shrubs (first year) and trees (two years) may be watered up to
two hours on any day by hand-held hose, drip irrigation, a soaker hose or a tree
bubbler. Tree watering is limited to an area not to exceed the drip line of a tree. Upon
demand, documentation of installation date shall be provided.
(3) Outdoor watering at service addresses with large multi-station irrigation systems
may take place in accordance with the terms of a written variance granted by the
district manager in accordance with the process established by Trophy Club Municipal
Utility District No. 1.
(4) Establishing new turf is discouraged. If hydro-mulch, grass sod, or grass seed is
installed for the purpose of establishing a new lawn, there are no watering restrictions
for the first 30 days while it is being established. After that, the watering restrictions
set forth in this stage apply. (This does not include overseeding with rye since turf
already exists.)
(5) Golf courses may water greens and tee boxes without restrictions; however,
watering shall only be allowed before 10 a.m. and after 6 p.m. daily. Fairways are
restricted to twice-per-week watering as outlined above (before 10 a.m. and after 6
p.m. daily). Golf course roughs are restricted to once-per-week watering.
(6) Skinned areas of sports fields may be watered as needed for dust control.
(7) Professional sports fields (playing fields within a stadium only - not surrounding
landscaping) may be watered as needed to maintain league standards.
(8) Washing of any motor vehicle, motorbike, boat, trailer, airplane, or other vehicle
shall be limited to the use of a hand-held bucket or a hand-held hose equipped with a
positive-pressure shutoff nozzle for quick rinses. Vehicle washing may be done at any
time on the premises of a commercial carwash or commercial service station.
Companies with an automated on-site vehicle washing facility may wash their vehicles
at any time. Further, such washing may be exempt from these requirements if the
health, safety, and welfare of the public are contingent upon frequent vehicle
cleansing, such as garbage trucks and vehicles used to transport food and
perishables.
(9) A commercial customer may use a different watering schedule than the one set
forth above in this section as long as such customer limits each service address to a
twice-per-week schedule and use of such watering schedule is approved in writing by
the district manager.
(2006 Code, Ch. 11, sec. 9.05; Ordinance 2009-18, sec. II, adopted 1/20/09; Ordinance 2017-15
adopted 7/25/17)
Sec. 1.10.097 Restrictions during Stage 2
(a) Prohibited conduct. Upon declaration that Stage 1 drought conditions are in effect,
mandatory restrictions to prohibit nonessential water use shall become effective. It shall be
unlawful for a person to engage in any one or more of the acts listed below. No person shall:
(1) Cause or allow any actions in violation of the Stage 1 restrictions specified
in section 1.10.096.
(2) Cause or allow landscape watering with sprinklers or irrigation systems more
than one (1) time per week on the date specified by the district manager for Trophy
Club Municipal Utility District No. 1 and adopted by the town via ordinance duly
enacted by the town council as required by law. This prohibition includes landscape
watering at parks, golf courses, and sports fields. Notwithstanding the foregoing,
commercial customers are excepted as set forth below.
(3) Cause or allow watering for dust control on skinned areas of sport fields.
(4) Cause or allow use of water for dust control, except to protect public health.
(5) Cause or allow the operation of ornamental fountains or ponds that use potable
water, except where necessary to support aquatic life or where such fountains or
ponds are equipped with a recirculation system.
(6) Cause or allow the filling of swimming pools with automatic valves.
(7) Cause or allow the use of water from fire hydrants for any purpose other than
firefighting related activities or other activities necessary to maintain public health,
safety and welfare, except as specifically provided below.
(b) Exceptions. The following activities shall be allowed as exceptions to subsection (a) of this
section as expressly provided below:
(1) Foundations may be watered up to two (2) hours on any day by hand-held hose,
or using a soaker hose or drip irrigation system placed within 24 inches of the
foundation that does not produce a spray of water above the ground.
(2) Newly installed shrubs (first year) and trees may be watered up to two (2) hours
on any day by hand-held hose, drip irrigation, or a soaker hose. Tree watering is limited
to an area not to exceed the drip line of a tree. Upon demand, documentation of
installation date shall be provided.
(3) Outdoor watering at service addresses with large multi-station irrigation systems
may take place in accordance with the terms of a written variance granted by the
district manager in accordance with the process established by Trophy Club Municipal
Utility District No. 1.
(4) Golf courses may water greens and tee boxes as needed to keep them alive;
however, watering shall only be allowed before 10 a.m. and after 6 p.m. Fairways are
restricted to once-per-week watering as outlined above (before 10 a.m. and after 6
p.m.). Golf course roughs shall not be watered and are not excepted from the
requirements of this part.
(5) Professional sports fields (playing fields within a stadium only - not surrounding
landscaping) may be watered as needed to maintain league standards.
(6) A commercial customer may use a different watering schedule than the one set
forth above in this section as long as such customer limits each service address to a
twice-per-week schedule and use of such watering schedule is approved in writing by
the district manager.
(7) It is an exception to the prohibition in subsection (a)(7) of this section if a person
is using the water from a fire hydrant pursuant to a permit issued by the district
manager specifying the use of designated hydrants.
(8) If hydro-mulch, grass sod, or grass seed is installed for the purpose of
establishing a new lawn, there are no watering restrictions for the first thirty (30) days
while it is being established. After that, the watering restrictions set forth in this stage
apply. (This exception does not include watering for over-seeding with rye since turf
already exists.)
(2006 Code, Ch. 11, sec. 9.06; Ordinance 2009-18, sec. II, adopted 1/20/09)
Sec. 1.10.098 Restrictions during Stage 3
(a) Prohibited conduct. Upon declaration that Stage 3 drought conditions are in effect,
mandatory restrictions to prohibit nonessential water use shall become effective. It shall be
unlawful for a person to engage in any one or more of the acts listed below. No person shall:
(1) Cause or allow any actions in violation of either the Stage 1 or Stage 2
restrictions specified in section 1.10.096 or 1.10.097 above.
(2) Cause or allow landscape watering, including at parks, golf courses, and sports
fields.
(3) Cause or allow the establishment of new landscaping.
(4) Cause or allow vehicle washing except as specifically provided herein.
(5) Cause or allow the operation of ornamental fountains or ponds that use potable
water except where necessary to support aquatic life.
(6) Cause or allow the draining, filling, or refilling of new swimming pools, wading
pools and Jacuzzi type pools. Existing private and public pools may add water to
maintain pool levels; however, they may not be refilled using automatic fill valves.
(b) Exceptions. The following activities shall be allowed as exceptions to subsection (a) of this
section as expressly provided below:
(1) Foundations may be watered up to two (2) hours on any day by hand-held hose,
or using a soaker hose or drip irrigation system placed within 24 inches of the
foundation that does not produce a spray of water above the ground.
(2) Trees may be watered up to two (2) hours on any day by hand-held hose, drip
irrigation, or a soaker hose. Tree watering is limited to an area not to exceed the drip
line of a tree.
(3) Golf course greens only may be watered by hand-held hose as needed to keep
them alive; however, watering must be done before 10 a.m. and after 6 p.m.
(4) Professional sports fields (playing fields within a stadium only - not surrounding
landscaping) may be watered as needed to maintain league standards.
(5) A commercial carwash, a commercial service station or a private on-site vehicle
washing facility shall only be allowed to operate as necessary for health, sanitation, or
safety reasons, including but not limited to the washing of garbage trucks and vehicles
used to transport food and other perishables. All other vehicle washing is prohibited.
(c) New pools, ornamental ponds or fountains. When Stage 3 drought conditions are in effect,
no permits shall be issued for new swimming pools, Jacuzzi-type pools, spas, ornamental ponds
and fountain construction. Pools already permitted and under construction may be completely
filled with water.
(2006 Code, Ch. 11, sec. 9.07; Ordinance 2009-18, sec. II, adopted 1/20/09)
Sec. 1.10.099 Termination of restrictions
Stage 1, Stage 2, or Stage 3 may be terminated upon notice by either the City of Fort Worth or
Trophy Club Municipal Utility District No. 1. (2006 Code, Ch. 11, sec. 9.08; Ordinance 2009-18,
sec. II, adopted 1/20/09)
Division 8. Tree Preservation and Removal
Sec. 10.02.241 Definitions
Buildable area. That portion of building site exclusive of the required yard areas on which a
structure or building improvement may be erected and including the actual structure, pool, and
other construction as shown on a site plan, excluding driveways and parking lots.
Canopy. Any high covering limbs and/or leaves hanging over or creating shelt er under the tree's
foliage.
Crown. The top, upper, or highest portion of a tree, including the leaves and living branches.
Developed property. Property that has been platted.
Developer. Any individual, partnership, firm, association, joint venture, organization, corporation,
builder, construction company or governmental entity.
Drip line. The area directly under the canopy or shelter area created by the canopy.
Environmental Protection Agency (EPA). The United States Environmental Protection Agency, or
any duly authorized official of such agency.
FHA. Federal Housing Administration.
Historic tree. Shall have the meaning assigned in section 10.02.247 of this division.
Land-disturbing activity. Any activity, including but not limited to, excavation, planting, tilling,
grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving,
construction, substantial removal of vegetation, or any activity which bares soil or rock or involves
the diversion or piping of any natural or man-made watercourse, which disturbs the natural or
improved vegetative ground cover so as to expose soil to the erosive forces of rain, stormwater
runoff or wind. All installations and maintenance of franchise utilities, such as telephone, gas,
electric, etc., shall be considered land-disturbing activities.
Majestic tree. Shall have the meaning assigned in section 10.02.247 of this division.
Original construction. Initial construction.
Person. An individual, corporation, firm, partnership, association, company, joint venture,
organization or other legal entity, other than the town, the Municipal Utility District 1 or the
Municipal Utility District 2.
Planning and zoning commission. The planning and zoning commission of the town, as appointed
by the town council.
Protected tree. Shall have the meaning assigned in section 10.02.245 of this division.
Soil creep. The slow, downslope movement of soil under the influence of gravity, frost heave,
thermal expansion, and contraction of the surface.
Specimen tree. Shall have the meaning assigned in section 10.02.246 of this division.
Texas Commission on Environmental Quality (TCEQ). The Texas Commission on Environmental
Quality, or any duly authorized official of such agency.
Town. The Town of Trophy Club, Texas.
Town manager. The town manager of Trophy Club or authorized designee.
(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05;
Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, Ch. 12, sec. 8.01; Ordinance 2009-04,
sec. II, adopted 2/16/09)
Sec. 10.02.242 Parks and recreation board to serve as tree board
(a) Role of parks and recreation board. The parks and recreation board shall serve as the tree
board for the town (the “board”).
(b) Duties and responsibilities. It shall be the responsibility of the board to:
(1) Determine cash value for a tree replacement;
(2) Designate protected, specimen, historical, and majestic trees, as defined herein;
(3) Develop and approve tree lists;
(4) Inform and develop an informational tree pamphlet;
(5) Hear appeals;
(6) Annually develop a written plan, in conjunction with the town manager or his
designee for the care, preservation, trimming, planting, replanting, removal, or
disposition of trees and shrubs in public ways, streets, alleys, and parks. Such plan
will be presented annually to the town council and upon acceptance and approval,
shall constitute the official comprehensive tree plan for the town. The town manager
or his designee shall be charged with carrying out the plan; and
(7) Ensure the Tree City USA application for recertification is submitted annually.
(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05;
Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, Ch. 12, sec. 8.02; Ordinance 2009-04,
sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.01, adopted 3/21/11)
Sec. 10.02.243 Tree preservation
(a) Intent. The removal or replanting of any protected trees (specifically, protected, specimen,
majestic or historic trees, as defined in this division) requires a tree removal permit or a tree
replanting permit, as the case may be, in accordance with the terms and provisions hereof.
(b) Applicability. The purpose of this division is to regulate undeveloped and vacant real
property in accordance with the regulations contained herein both prior to and during the platting,
subdivision and development of property, including but not limited to grading or any other
construction activity. The terms and provisions of this division shall apply to all real property within
the town's corporate limits which meets one or more of the following criteria:
(1) All vacant or undeveloped real property prior to and during the platting,
subdivision and development of property, including but not limited to grading, any other
construction activity on the property, or preparation of the property for any construction
activity thereon;
(2) All platted real property which is replatted, resubdivided or for which additional
subdivision occurs;
(3) The yard areas of all developed property, excluding developed single-family and
two-family residential property. It is provided, however, that where a building lot or site
is one acre or larger in size, then no protected, specimen, majestic or historic trees
shall be removed from the buildable area of the lot or site before the issuance of a
building permit relating to the lot or site.
(4) Exemptions.
(A) The terms and provisions of this division shall not apply to developed
single-family and two-family residential property.
(B) Local taxing authorities, constructing or improving public grounds and/or
buildings, shall be exempt from the requirements set forth in this division.
The terms and provisions of this division shall not apply to developed single-family and two-family
residential property.
(c) Exceptions. Under the following circumstances, a tree removal permit is not required:
(1) In the event that any protected, specimen, majestic or historic tree shall be
determined to be in a hazardous or dangerous condition so as to endanger the public
health, welfare or safety, and require immediate removal without delay, authorization
for removal may be given by the town manager or his designee upon the request of
the owner of the property upon which the tree is located, and such protected,
specimen, majestic or historic tree may then be removed without obtaining a written
permit as required by this division.
(2) During the period of an emergency, such as a tornado, storm, flood or other act
of God, the requirements of this division may be waived as deemed necessary by the
town manager or his designee.
(3) Utility companies franchised or otherwise authorized to provide utility service
may remove protected, specimen, majestic or historic trees that endanger public
safety and welfare by interfering with utility service, except where such trees are on
owner-occupied properties developed for single-family or two-family use, removal of
such trees shall be at the option of the property owner(s).
(4) The mowing, clearing and grubbing of brush located within or under the drip lines
of protected, specimen, majestic or historic trees shall be allowed, provided such
mowing, clearing or grubbing is accomplished by hand or by manually operated
mowers. The use of bulldozers, loaders or other construction or earth-moving
equipment for this purpose shall not be allowed.
(5) For public recreational property or uses, such as public golf courses and
baseball, soccer, football or similar public athletic facilities, and public works projects
such as water or wastewater treatment plants, pump stations, storage tanks, and
public streets and drainage improvements, the buildable area of the property shall
include that portion of the property necessary for the construction of such recreational
and public works improvements, including sufficient adjacent area to allow the normal
operation of construction equipment.
(6) The terms and provisions of this division shall not apply to a lot of record, a deed
for which was recorded in the office of the county clerk prior to the passage of this
division, or to any development, subdivision or resubdivision for which a completed
application for approval has been filed with the town or for which a plat has been
approved by the planning and zoning commission and/or the town council and filed in
the plat records of the county prior to the effective date of this division.
(7) All easements and rights-of-way included on a record plat approved by the town
and filed in the plat records of the county.
(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05;
Ordinance 2006-20, sec. II, adopted 7/10/06; Ordinance 2006-40, sec. II, adopted 10/2/06; 2006
Code, Ch. 12, sec. 8.03; Ordinance 2009-04, sec. II, adopted 2/16/09)
Sec. 10.02.244 Information assistance
(a) In furtherance of the purpose and provisions hereof, the board shall develop and make
available to persons making application for either tree removal permits or tree replanting permits,
and make available to the general public an informational pamphlet identifying appropriate and
useful facts, guidelines and how-to information relative to the preservation, protection and
replanting of trees.
(b) The town manager or his designee shall also develop, maintain and make available to
applicants for tree removal permits or tree replanting permits and to the general public,
a tree species reference book to provide more detailed information concerning tree care in
general and the characteristics, soil and growth requirements and other traits of
specific tree species identified on the town's protected tree list and approved tree planting and
replacement list.
(c) A current edition of the Texas Association of Nurserymen Grades and Standards, as
applicable, to the tree species on the town's protected tree list and approved tree planting and
replacement list, shall be maintained by the town manager or his designee and made available to
applicants for building permits, tree removal permits or tree replanting permits and to the general
public, as only those trees meeting and planted or replanted in accordance with the applicable
Texas Association of Nurserymen Grades and Standards shall satisfy the tree planting, replanting
and/or replacement standards and requirements contained herein.
(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05;
Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, Ch. 12, sec. 8.04; Ordinance 2009-04,
sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11)
Sec. 10.02.245 Protected trees
(a) Designation of protected trees. A “protected tree” shall be any existing living tree of a
species or type listed on the town's protected tree list and that has or possesses each of the
following characteristics or criteria:
(1) A single trunk of six inches (6") in caliper width or greater, measured at one foot
(1') above natural grade level, and at least eight feet (8') high; or a multi-trunk having
a total caliper width of eight inches (8"), measured by combining the caliper width of
the largest stem or branch with one-half (1/2) the caliper width of each additional stem
or branch, all measured at one foot (1') above natural grade level, and at least twelve
feet (12') high; and
(2) Located outside of a public street, alley, right-of-way, utility easement, drainage
easement, fence easement, pedestrian access easement, or other public right-of-way
or easement; or the buildable area of a building lot or site, as included on a record plat
approved by the town council and filed in the plat records of the county; or the buildable
area of a building lot or site, as included on a building permit site plan approved by the
town. For the purposes of any development of a building lot or site one (1) acre in area
or larger, “buildable area” shall mean all that portion of the building lot or site inclusive
of the footprint of the building(s) and projected ten feet (10') from the outside of the
building footprint. For the purposes of any development of a building lot or site less
than one (1) acre in area, “buildable area” shall mean that portion of the building lot or
site not within the required front yard, side yard and rear yard areas. For the purposes
of issuing building permits, “buildable area” shall also mean those areas on a building
lot or site, as shown on the required site plan, necessary for the construction of such
other improvements as pools, tennis courts and accessory buildings, excluding
driveways and parking lots and including sufficient adjacent area to allow for the
normal operation of construction equipment.
(b) Exception. A protected tree shall not include any living tree that a registered arborist or
landscape architect certifies in writing is injured, dying, diseased or infested with harmful insects;
that is in danger of falling, interferes with utility service or creates unsafe vision clearance; in any
manner creates a hazardous or dangerous condition so as to endanger the public health, welfare
or safety; or that is identified on approved construction plans as necessary to be removed to
comply with EPA or TCEQ stormwater permitting requirements or FHA lot grading plans.
(c) Approved tree list.
(1) Generally. The tree species lists contained herein have been developed and will
be periodically updated by the board and shall be maintained as guides for the
identification and selection of tree species that meet the various standards and
requirements of this division. Trees included on these tree species lists were selected
on the basis of one or more of the following criteria or factors: hardiness, resistance to
disease, suitability relative to local climate and soil conditions, adaptability for
transplantation, longevity, and to various landscape conditions, resistance to drought,
aesthetic qualities, shade provision, windbreak provision, and screening qualities.
(2) Protected tree list. Only those tree species found on the following list shall be
subject to the preservation, protection and replanting requirements of this division.
Protected Tree List
American Elm (Ulmus americana)
Austrian Pine (Pinus nigra, Pinus nigra caramanica,
Pinus nigra nigra)
Bald Cypress (Taxodium distichum)
Black Walnut (Juglans nigra)
Blackjack Oak (Quercus marilandica)
Bur Oak (Quercus macrocarpa)
Carolina Buckthorn (Rhamnus caroliniana)
Cedar Elm (Ulmus crassifolia)
Chinese Pistache (Pistachia chinensis)
Chinkapin Oak (Quercus muehlenbergii)
Chittamwood (Bumelia languinosa)
Common Persimmon Diospyros virginiana)
Eldarica Pine (Pinus eldarica)
Escarpment Live Oak (Quercus fusiformis)
Japanese Black Pine (Pinus thunbergii)
Lacebark Elm (Ulmus parvifolia)
Magnolia (Magnolia grandiflora)
Mexican Plum (Prunus mexicana)
Pecans and Hickories (Carya species)
Possum Haw (Ilex deciduas)
Post Oak (Quercus stellata)
Redbuds (Cercis species)
Sawtooth Oak (Quercus acutissima)
Shumard Oak (Quercus shumardi)
Slippery Elm (Ulmus rubra)
Southern Live Oak (Quercus virginiana)
Sweet Gum (Liquidambar styraciflua)
Texas Buckeye (Aesculus glabra v. arguta)
Texas Red Oak (Quercus texana)
Water Oak (Quercus nigra)
Western Soapberry (Sapindus drummondii)
Winged Elm (Ulmus alata)
Yaupon Holly (Ilex vomitoria)
(d) Replanting of protected trees. No person, directly or indirectly, shall replant, relocate,
transfer or move from one location to another any protected tree on any real property within the
town without first obtaining a tree replanting permit.
(e) Replanting standards. Only those trees meeting and replanted in accordance with the
applicable Texas Association of Nurserymen Grades and Standards shall satisfy the tree
replanting requirements contained herein.
(f) Penalty for unauthorized replanting of protected trees. Any person replanting, relocating,
transferring or moving from one location to another any protected trees on any real property within
the town without first obtaining a tree replanting permit, shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be punished as provided in section 10.02.248(e) below.
(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05;
Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, Ch. 12, sec. 8.05; Ordinance 2009-04,
sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11)
Sec. 10.02.246 Specimen trees
(a) Designation of specimen trees. Specimen trees shall be designated according to the
following provisions:
(1) Except as specified below, any tree listed on the town's protected tree list and
the caliper of which is within fifty percent (50%) of the caliper width or circumference
(measured at one foot (1') above ground level) of the same such tree as listed in the
most current edition of the Big Tree Registry, as amended, published by the Texas
Forest Service, shall be considered a “specimen tree.” A copy of such registry shall be
available for review in the parks department. On a going-forward basis (as land is
platted), a listing and map of all designated specimen trees shall be maintained and
updated by the town manager or his designee and made available to the public upon
request. In addition to the provisions of this subsection, a specimen tree shall be any
other tree that has been designated by the town council, upon recommendation by the
board, after public hearing and due notice to the owner of the tree, to be of high value
because of its type, size, age or other relevant criteria. Notwithstanding the foregoing,
the trees listed below shall be considered specimen trees in accordance with the
following schedule:
Type of Tree Percent of Big Tree Registry
Any tree not listed on the protected tree list
in section 10.02.245 herein
75%
(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05;
Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, Ch. 12, sec. 8.06; Ordinance 2009-04,
sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11)
Sec. 10.02.247 Majestic or historic trees
(a) Designation of majestic or historic trees. Majestic or historic trees shall be designated
according to the following provisions:
(1) Majestic trees. Any tree listed on the town's protected tree list and within seventy-
five percent (75%) of the caliper width or circumference (measured at one foot (1')
above ground level) of the same such tree as listed in the most current edition of the
Big Tree Registry, as amended, published by the Texas Forest Service, shall be
considered a majestic tree. A copy of such registry shall be available for review in the
parks department. A listing and map of all designated majestic trees shall be
maintained and updated by the town manager or his designee and made available to
the public upon request. In addition to the provisions of this subsection, a specimen
tree shall be any other tree that has been designated by the town council, upon
recommendation by the board, after public hearing and due notice to the owner of the
tree, to be of high value because of its type, size, age or other relevant criteria.
(2) Historic tree. Upon recommendation by the board, a historic tree shall be any
tree that has been designated by the town council, after public hearing and due notice
to the owner of the tree, as a tree of notable historical interest and value to the town
because of its location or historical association with the community. A listing and map
of all designated historic trees shall be maintained and updated by the town manager
or his designee and made available to the public upon request.
(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05;
Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, Ch. 12, sec. 8.07; Ordinance 2009-04,
sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11)
Sec. 10.02.248 Tree removal and replacement
(a) Removal of protected trees. No person, directly or indirectly, shall cut down, destroy, remove
or effectively destroy through damaging any protected, specimen, historic or majestic tree, on any
real property within the town without first obtaining a tree removal permit, as provided in section
10.02.250, Tree Permits, unless otherwise exempted by the terms of this division.
(b) Permit required. Protected, specimen, historic or majestic trees shall not be removed prior
to the issuance of a tree removal permit, as provided in section 10.02.250. Under no
circumstances shall the clear-cutting of protected, specimen, historic or majestic trees on any real
property within the town be allowed prior to the issuance of a tree removal permit for such
property.
(c) Replacement trees required. It shall be the responsibility of any person obtaining a tree
removal permit to provide replacement tree(s) according to the following criteria:
(1) (A) Protected trees: Replace with tree(s) having a total caliper width
equivalent to one and one-half (1-1/2) times that of the trees to be removed.
(B) Specimen trees: Replace with tree(s) having a total caliper width
equivalent to two (2) times that of the trees to be removed.
(C) Historic or majestic trees: Replace with tree(s) having a total caliper width
equivalent to two and one-half (2-1/2) times that of the trees to be removed.
“Total caliper width” for replacement trees shall be measured as follows:
For single-trunk trees, the width shall be measured at one foot (1') above
ground level. For multi-trunk trees, “total caliper width” shall be calculated
by combining the caliper width of the largest stem or branch with one-half
of the caliper width of each additional stem or branch, all measured at one
foot (1') above ground level.
Example: If a 6-inch (6") protected tree is removed, then that tree must be
replaced by trees with a total caliper width of nine inches (9"). This total
caliper width could be satisfied by one (1) nine-inch (9") caliper
replacement tree, or three (3) three-inch (3") caliper width replacement
trees, or any other combination providing a total caliper width of nine inches
(9").
(2) Such replacement trees shall be container-grown and have a minimum caliper
width of two and one-half inches to three inches (2-1/2" to 3"), measured at one foot
(1") [sic] above ground level. Alternatively, container-grown replacement trees may
have a minimum caliper width of four inches (4") measured at one foot (1") [sic] above
ground level. In any event, replacement trees shall have a minimum height of at least
six feet (6').
(3) At the discretion of the town manager or his designee, monetary compensation
may be paid to the town instead of providing the replacement trees as required by this
division. Any such payments shall be deposited in a special account or fund and used
by the town to provide and/or support supplemental landscape plantings in public
areas of the town or to support the administration and enforcement of the town's tree
preservation regulations. A per-caliper-inch cash value for replacement trees shall be
set annually by the town council after review and recommendation by the board. The
town manager or his designee shall maintain a record of the current per -caliper-inch
cash value of replacement trees.
(d) Acts specifically prohibited. The following acts are prohibited:
(1) It shall be unlawful for a person to violate any provision of this division.
(2) It shall be unlawful for any person to remove or cause to be removed from real
property subject to this division a protected, specimen, historic or majestic tree without
first obtaining a tree removal permit.
(3) It shall also be unlawful for a person to cause or to allow to cause a tree to be
injured as a result of a failure to follow and/or require the use of tree protection
measures specified herein such that the tree dies or may reasonably be expected to
die.
(e) Replacement required upon conviction of offense. If a person fails to obtain a tree removal
permit as required by this division, then upon conviction of such violation in municipal court or
upon the entry of a plea of guilty or no contest, such person shall in addition to the fine imposed
by the court, provide a replacement tree or trees for each such violation. The replacement tree(s)
shall have a total caliper width equivalent to:
(1) Protected trees: Five (5) times that of the removed tree(s).
(2) Specimen trees: Ten (10) times that of the removed tree(s).
(3) Majestic or historic trees: Fifteen (15) times that of the removed tree(s).
Such replacement trees shall be container-grown and have a minimum caliper width of two and
one-half inches to three inches (2-1/2" to 3"), measured at one foot (1') above ground level. In
any event, replacement trees shall have a minimum height of at least six feet (6').
(f) Approved tree planting and replacement list. Only those tree species found on the following
approved tree planting and replacement list shall satisfy the tree planting and replacement
standards and requirements of this division.
Approved Tree Planting and Replacement List
Common Name Scientific Name
American Elm (Ulmus americana)
Lacebark Elm (Ulmus parvifolia)
Winged Elm (Ulmus alata)
Southern Live Oak (Quercus virginiana)
Escarpment Live Oak (Quercus fusiformis)
Sawtooth Oak (Quercus acutissima)
Shumard Oak (Quercus shumardi)
Chinkapin Oak (Quercus muehlenbergii)
Bur Oak (Quercus macrocarpa)
Texas Red Oak (Quercus texana)
Water Oak (Quercus nigra)
Bald Cypress (Taxodium distichum)
Pecans and Hickories (Carya species)
Chinese Pistache (Pistachia chinensis)
Black Walnut (Juglans nigra)
Austrian Pine (Pinus nigra, Pinus nigra caramanica,
Pinus nigra nigra)
Eldarica Pine (Pinus eldarica)
Japanese Black Pine (Pinus thunbergii)
Leyland Cypress (Cupressocyparis leylandi)
Magnolia (Magnolia grandiflora)
Eastern Red Cedar (Juniperus virginiana)
Sweet Gum (Liquidambar styraciflua)
Western Soapberry (Sapindus drummondii)
(g) Approved median and right-of-way tree planting list. The following tree species shall be
allowed to be planted in medians and right-of-way when approved by the town. Additional tree
species with non-aggressive root systems/deep root systems may be authorized for planting by
the board upon necessity and good cause shown.
Approved Median and ROW Tree Planting List
Common Name Scientific Name
Aristocrat Pear (Pyrus)
Austrian Pine (Pinus nigra, Pinus nigra caramanica,
Pinus nigra nigra)
Bald Cypress (Taxodium distichum)
Black Walnut (Juglans nigra)
Burford Holly Ilex cornuta burfordii
Bur Oak (Quercus macrocarpa)
Carolina Buckthorn (Rhamnus caroliniana)
Chinese Pistache (Pistachia chinensis)
Chinkapin Oak (Quercus muehlenbergii)
Crepe Myrtle (Lagerstroemia indica)
Eldarica Pine (Pinus eldarica)
Fruitless Crabapples (Malus species)
Green Ash (Fraxinus pennsylvanica)
Hickories (Carya species)
Japanese Black Pine (Pinus thunbergii)
Lacebark Elm (Ulmus parvifolia)
Native Pecan (Carya species)
Nelly R. Stevens Ilex Nelly R. Stevens
Plum (Prunus species)
Possum Haw (Ilex deciduas)
Redbuds/Whitebuds (Cercis species)
Red Maple (Acer rubrum)
Sawtooth Oak (Quercus acutissima)
Shumard Oak (Quercus shumardi)
Slash Pine (Pinus elliottii)
Slippery Elm (Ulmus rubra)
Sweet Gum (Liquidambar styraciflua)
Texas Buckeye (Aesculus glabra variety arguta)
Texas Red Oak (Quercus texana)
Thornless Honey Locust (Gleditsia triacanthos variety inermis)
Wax Myrtle (Myrica cerifera)
Western Soapberry (Sapindus drummondii)
Winged Elm (Ulmus alata)
Yaupon Holly (Ilex vomitoria)
(h) Distance from street corner and fireplugs. No tree shall be planted closer than thirty-five
feet (35') of any street corner, measured from the point of nearest intersecting curbs or curb lines.
Trees found in the rights-of -way shall be planted no closer than ten feet (10') of any fireplug.
(i) Utilities. No trees other than small species may be planted under or within ten (10) lateral
feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water
line, sewer line, transmission line or other utility.
(j) Public tree care. The town shall have the right to plant, prune, maintain and remove trees,
plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public
grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry
and beauty of such public grounds.
(k) Tree topping. It shall be unlawful as a normal practice for any person to top any tree located
on public property. Topping is defined as the severe cutting back of limbs to stubs larger than
three inches in diameter within the tree's crown to such a degree so as to remove the normal
canopy and disfigure the tree. Upon the written approval of the town manager or his designee,
trees severely damaged by storms or other causes, or certain trees under utility wires or other
obstructions where other pruning practices are impractical may be exempted from the
requirements of this division.
(l) Pruning; corner clearance. Every owner of any tree overhanging any street or right-of-way
within the town shall prune the branches so that such branches shall not obstruct the light from
any street lamp or obstruct the view of any street intersection and so that there shall be a clear
space of eight feet (8') above the surface of the street or sidewalk. Said owners shall remove all
dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the
safety of the public. The town shall have the right to prune any tree or shrub on private property
when it interferes with the proper spread of light along the street from a streetlight or interferes
with visibility of any traffic-control device or sign.
(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05;
Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, Ch. 12, sec. 8.08; Ordinance 2009-04,
sec. II, adopted 2/16/09; Ordinance 2010-06 adopted 2/15/10; Ordinance 2011-06, sec. 2.02,
adopted 3/21/11)
Sec. 10.02.249 Tree protection measures
The following tree protection measures shall be required:
(1) Prior to any construction or any land development, the developer shall install
four-foot-high (4') plastic (or equivalent) safety fencing around the drip line of protected
trees and six-foot-high (6') chain-link fencing around the drip line of specimen,
majestic, and historic trees. Prior to and during construction or land development, all
protected trees within thirty feet (30') of a public right-of-way, public easement or
buildable lot area, as included on the applicable approved and filed record plat, shall
be marked with three-inch (3") wide red ribbon or tape.
(2) Prior to any construction or any land development, the developer shall establish
designated parking areas for the parking and maintenance of all vehicles, trailers,
construction equipment and related items and designated stockpile areas for the
storage of construction supplies and materials during construction of the subdivision.
The location and dimensions of said designated areas shall be clearly identified on
both subdivision construction and site plans. Said designated areas shall be
completely fenced with chain-link fencing and gates for safety purposes and to
separate protected, specimen, majestic or historic trees from the construction area
and related construction activity. The designated parking and stockpile areas may be
combined into one fenced area, provided the preservation of protected trees is not
adversely affected or jeopardized. Supplies and pipe and other items that are
customarily unloaded where installed shall not be required to be stored within the
designated stockpile areas.
(3) During construction, the developer shall prohibit the cleaning of equipment or
materials and/or the disposal of any waste material, including, but not limited to, paint,
oil, solvents, asphalt, concrete, mortar, etc., under the canopy or drip line of any
protected, specimen, majestic or historic tree or group thereof.
(4) No attachments or wires of any kind, other than those of a protective nature,
shall be attached to any protected, specimen, historic or majestic tree.
(5) With major grade changes of six inches (6") or greater, a retaining wall or tree
well of rock, brick, or other approved materials shall be constructed around the tree no
closer than the drip line of the tree. The top of the retaining wall or tree well shall be
constructed at the new grade.
(6) Unless otherwise approved by the town manager or his designee or the board,
no construction or construction-related activity shall occur under the canopy or drip
line of any protected, specimen, majestic or historic tree or group thereof. Furthermore,
if a foundation, street or alley pavement, utility line, on-site sewerage facility, pool,
tennis court, patio, sidewalk, drive or parking lot must be constructed within the drip
line of a protected tree, it shall be constructed no closer than five feet (5') from the
trunk of such protected tree provided further that the portion of any driveway or parking
lot constructed within the drip line of any protected, specimen, majestic or historic tree
or group thereof shall be constructed of pavestone or other permeable materials as
approved by the town manager or his designee.
(7) Any permitted trees removed during land development, construction, or
construction-related activities shall be chipped or hauled off-site. Burning of removed
trees is prohibited.
(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05;
Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, Ch. 12, sec. 8.09; Ordinance 2009-04,
sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11)
Sec. 10.02.250 Tree permits
(a) Tree replanting permit. Tree replanting permits shall be subject to the following procedures.
(1) Application for tree replanting permit. An application for a tree replanting permit
may be submitted at any time and need not be submitted in conjunction with a
development plan, record plat or building permit. Tree replanting permits must be
obtained by making application to the town's parks department on forms prescribed by
the town. No fee shall be charged to make application for a tree replanting permit. The
application shall also be accompanied by a written document indicating the reasons
for replanting of the protected tree or trees, and two (2) legible copies of a site or plot
plan, drawn to the largest practicable scale, indicating the following minimum
information:
(A) The existing location, caliper width, height, and common name of all
protected trees proposed to be replanted, and the proposed location or locations
for such replanting of such trees.
(B) The location of all existing or proposed structures, improvements,
easements, and site uses, properly dimensioned and referenced to property
lines, setback and yard requirements, and special relationships.
(C) The information required herein may be summarized in legend form on the
site or plot plan.
(2) Review of application for tree replanting permit. Upon receipt of a proper
application for a tree replanting permit, the town manager or his designee shall review
the application and may conduct field inspections of the site or development and/or
refer the permit application to other departments for review and recommendations as
deemed necessary and appropriate. The application for a tree replanting permit shall
be approved unless the town manager or his designee determines that the proposed
replanting will unnecessarily damage or jeopardize the health of the tree or trees
proposed to be replanted. Such determination lies within the sole discretion of the town
manager or his designee. A denial of an application for tree replanting permit by the
town manager or his designee may be appealed to the board. The decision of the
board may be appealed to the town council as provided in section 10.02.252 of this
division, the decision of [the town council on] such permit application is f inal.
(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 resubdivision of real property shall be obtained by making
application to the town manager or his designee on forms prescribed by the town. The
application shall accompany the site plan or plat of the development and shall include
a written document indicating the reasons for removal of the protected tree or trees.
The application must be completed and signed by a registered arborist or landscape
architect and must include two (2) copies of a legible tree survey, drawn to the largest
practicable scale, indicating the following:
(A) The location, caliper width, height, and common name of all single-trunk
trees of six inches (6") caliper width or greater, measured at one foot (1') above
natural grade level, and at least twelve feet (12') high; and all multi-trunk trees
having a total caliper width of eight inches (8"), measured by combining the
caliper width of the largest stem or branch with one-half (1/2) the caliper width of
each additional stem or branch, all measured at one foot (1') above natural grade
level, and at least twelve feet (12') high.
(B) The location of both the trunk and drip line, caliper width, height, estimated
age (not to be determined using invasive measures which might damage the
tree), a reproducible color photograph, and common name of all protected,
specimen, majestic, and historic trees proposed to be removed.
(C) Provide existing natural grade elevation and proposed final grade elevation
at each location for which for each protected tree for which a tree removal permit
is requested.
(D) The location and dimensions of all existing or proposed public streets,
alleys, rights-of-way, utility easements, drainage easements, fence easements,
pedestrian access easements or other public rights-of-way or easements.
(E) The location of all existing or proposed property lines, lot lines, building
lines, setback and yard requirements, any proposed building footprint or floor
plan, and other special relationships or significant features of the proposed
development plan, record plat or site plan of the development.
(F) Existing and proposed site elevations, grades and major contours:
including a chart listing all protected, specimen, majestic, and historic trees, their
respective locations, and indicating where grades around protected trees will be
changed by six inches (6") or more.
(G) The information required herein shall be summarized in legend form on
the tree survey and shall include the reason for the proposed removal of the
protected tree or trees.
(H) Each tree shall be identified by numerical reference on the tree survey.
(I) Each tree shall be affixed with a permanent tag bearing the corresponding
number as depicted on the tree survey. The tag shall be permanently attached
at a height not less than five feet (5') nor more than six feet (6') above existing
grade on the south face of the tree.
(J) The survey shall bear the stamp or seal of a registered surveyor relative to
the location of any trees and shall bear the stamp or seal of a registered
landscape architect, or registered arborist relative to the species of any trees.
(K) A sign shall be placed on each separate lot or tract for which a tree removal
permit is requested to inform the general public that an application for a tree
removal permit(s) has been filed relative to a protected, specimen, majestic, or
historic tree. The sign must meet the following criteria:
(i) The size of the sign(s) shall be three feet (3') by four feet (4') and be
made out of aluminum or corrugated plastic material;
(ii) The sign(s) shall be mounted on stakes/poles;
(iii) The sign(s) shall be visible from the street;
(iv) There shall be one (1) sign for each street frontage; and
(v) The sign(s) shall have a white background, with letters and borders
being green in color. The sign(s) shall state the following:
TOWN OF TROPHY CLUB, TX
A TREE REMOVAL PERMIT HAS BEEN
REQUESTED FOR THIS SITE
FOR INFORMATION, CALL 682.831.4680
(2) Review of application for tree removal permit. An application for a tree removal
permit shall be accompanied by the appropriate administrative fee as designated on
the schedule of fees adopted by the town council, including all amendments thereto.
Upon receipt of a proper application accompanied by the appropriate fee, the town
manager or his designee shall review the application and may conduct field
inspections of the development and/or refer the permit application to other
departments for review and recommendations as deemed necessary and appropriate.
(A) The application for a tree removal permit, if required, shall be considered
an integral part of the application for site plan or plat approval, as applicable, and
no site plan or plat subject to the requirements of this division shall be approved
without the approval of a tree removal permit.
(B) The town manager or his designee may approve, approve with conditions,
or deny a request for a tree removal permit for protected trees. An appeal of the
decision of the town manager or his designee may be made to the board.
(C) The board's recommendation concerning an application for tree removal
permit shall be reviewed by the town council. The town council may then approve
the application, approve it with conditions, or deny the application; however, the
town council may overturn the denial of an application for tree removal permit by
the board only upon a finding that the subject development, subdivision or
resubdivision cannot reasonably be developed, based on economic and/or
practical considerations, without removal of the tree or trees included in the
permit application.
(D) Approval for a tree removal permit authorizing the removal of a historic or
majestic tree shall require a three-fourths (3/4) majority vote of the board and the
town council, respectively.
(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05;
Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, Ch. 12, sec. 8.10; Ordinance 2009-04,
sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11; Ordinance adopting
Code)
Sec. 10.02.251 Land-disturbing activities
(a) Approval and permit required. No person shall engage in any land-disturbing activities,
including but not limited to the removal of trees, land clearing and/or grading or other pre-
construction preparatory activity without the required approvals and permits. All such land-
disturbing activities shall be confined to the interior limits of the grading area identified on an
approved grading plan. A clearing and grading permit is required in the town prior to any land-
disturbing activity.
(b) Exceptions. It shall be an exception to the permit requirement of this section when a person
is engaging in one or more of the following activities:
(1) Land-disturbing activities in an emergency situation involving immediate danger
to life and property or substantial fire hazard;
(2) Land-disturbing activities of one (1) acre or less on a single lot, under one (1)
ownership, for the purpose of construction, landscaping and/or associated
improvements for a single-family residence to be constructed as indicated on the site
plan submitted to the town manager or his designee with an approved application for
a building permit;
(3) The removal of underbrush, dead trees or diseased or damaged trees which
constitute a hazard to life and property based upon a field inspection verification by
the town manager or his designee;
(4) Land-disturbing activities or other practices associated with and necessary to
conduct normal agricultural crop operations on a property, excluding timber cutting.
(c) Standards.
(1) General requirements. Following the approval of a preliminary plat by the
planning and zoning commission and the town council, and the issuance of a tree
removal permit by the permitting department, land-disturbing activities are permitted
subject to the following criteria:
(A) The applicant shall provide the town written acknowledgement that all
grading completed prior to the approval of a final plat is at the risk of the
developer/applicant and is subject to change based on the approval of the final
plat by the planning and zoning commission and town council and the release of
the construction plans.
(B) All work must be in conformance with the approved tree removal permit,
tree protection plan and tree mitigation plan.
(C) All erosion control and tree protection devices must be in place prior to the
commencement of land-disturbing activities, and shall be properly maintained at
all times.
(D) The placement of fill shall be in strict conformance to the plans and
specifications provided for the project.
(E) The town engineer has reviewed the construction plans including drainage
and released them for grading only.
(F) No construction activity of any kind shall take place in the 100-year
floodplain without an approved conditional letter of map revision (CLOMAR).
(G) Land-disturbing activities and other operations shall not create or
contribute to landslides, accelerated soil creep, and/or settlement.
(H) Land-disturbing activities and other operations shall not create or
contribute to flooding, erosion, or increased siltation or other forms of pollution in
a watercourse.
(I) Land-disturbing activities and other operations shall be conducted so as to
expose the smallest practical area of soil to erosion for the least possible time,
consistent with anticipated build-out schedule.
(J) Debris, including but not limited to, tree limbs, construction material and
other non-earthen material shall be removed from cleared sites as it is created
and shall not be stockpiled on the site.
(K) All applicable fees shall be paid.
(2) Cut and fills.
(A) Slopes greater than three feet (3') in height shall be no steeper than two
(2) horizontal to one (1) vertical foot, except where approved retaining walls are
engineered and installed and where trenches are refilled with material from the
excavation or as approved by the town to meet other community or
environmental objectives.
(B) All topsoil removed during ground surface preparation shall be stockpiled
on the site and stabilized within fourteen (14) days.
(C) When the owner of any parcel raises, lowers, or alters the level or existing
grade of a site by f ill 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 fourteen (14) days of completion of any land-disturbing activity.
(d) Grading plan evaluation criteria. When evaluating a grading plan, the town manager or his
designee shall review the grading plan for compliance with the following criteria:
(1) Appropriate footprint sizes are identified on the grading plan and developments
are designed in accordance with the natural terrain and drainage of the site. Erosion
prevention and control measures are utilized, including protection of natural swales
and drainage areas. Severely eroded areas are stabilized.
(2) Mass cutting, filling and benching or terracing of existing slopes to create
additional or larger building sites are prohibited; therefore, the grading plan shall not
include or propose any such activity. The grading plan provides for the use of
alternative treatments; including, but not limited to, building the structure with slopes
of the natural terrain, the use of internal or external building retaining walls, and the
use of low retaining walls on the site to reduce site grading. Mass site grading is
prohibited.
(3) The grading plan includes all information necessary for the town manager or his
designee to determine that the project will result in the reasonable preservation of
trees under the standards set forth in section 10.02.245 of this division and the
requirements of this section.
(4) The area for which land-disturbing activity is proposed is limited by design to the
area of construction, and the site is left in its natural state otherwise during the course
of construction.
(5) The grading plan shall include all information necessary for the town manager
or his designee to determine that it provides for the reasonable preservation of trees
and understory, and that the following criteria have been met regarding the selection
of trees to be preserved or removed. When making such determination, the town
manager or his designee shall consider all relevant factors, including but not limited to
the following:
(i) Proximity of the tree's or trees' critical root zone or drip line to proposed
grading activity.
(ii) That all necessary and appropriate permanent tree protection methods are
employed to protect the preserved tree from damage where the tree's critical root
zone may be impacted.
(iii) Other remedial or protective measures have been employed, including site
design which improves the chances for tree survival.
(iv) Temporary tree protection methods are adequately employed.
(v) Construction methods for utility service to the site are used that allow
protection and preservation of additional trees; such as, tunneling under the
critical root zones, tree walls, or tree wells.
(vi) Utility trenching activities are indicated on the plan.
(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05;
Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, Ch. 12, sec. 8.11; Ordinance 2007-02,
sec. II, adopted 2/5/07; Ordinance 2009-04, sec. II, adopted 2/16/09)
Sec. 10.02.252 Appeals
Any person or entity affected by an action or determination taken under this division may appeal
such action by filing a written notice of appeal to the town manager within ten (10) days of his/her
receipt of town's action or determination. Upon receipt of such appeal, the town manager shall
forward the appeal to the board for consideration and recommendation to town council. The board
shall hear appeals within thirty (30) days of receipt of the notice of appeal by the town manager.
The person requesting relief shall have the burden of demonstrating that good cause exists for
the board to recommend that the action or determination of the town be reversed or amended.
The board shall forward its recommendation to the town council for final decision. The town
council shall be the final authority for making a good cause determination under this section and
shall make such determination within thirty (30) days after the board has made its
recommendation. Economic hardship alone is not sufficient to support a finding that good cause
exists. (Ordinance 2006-20, sec. II, adopted 7/10/06; Ordinance 2006-40, sec. II, adopted
10/2/06; 2006 Code, Ch. 12, sec. 8.12; Ordinance 2009-04, sec. II, adopted 2/16/09; Ordinance
2011-06, sec. 2.02, adopted 3/21/11)
ARTICLE 10.03 PARKLAND DEDICATION AND OPEN SPACE
Sec. 10.03.001 Purpose
(a) This article is adopted to provide recreational areas in the form of neighborhood parks as a
function of subdivision development in the town. This article is enacted in accordance with the
home rule powers of the town, granted under the state constitution, and the statutes of the state,
including, but not by way of limitation, V.T.C.A., Local Government Code section 54.004, and Ch.
212. It is hereby declared by the town council that recreational areas in the form of neighborhood
parks are necessary and in the public welfare, and that the only adequate procedure to provide
for neighborhood parks is by integrating such a requirement into the procedure for planning and
developing property or subdivision in the town, whether such development consists of new
construction on vacant land or rebuilding and remodeling of structures on existing residential
property.
(b) Neighborhood parks are those parks providing for a variety of outdoor recreational
opportunities and within convenient distances from a majority of the residences to be served
thereby. The primary cost of neighborhood parks should be borne by the ultimate residential
property owners who, by reason of the proximity of their property to such parks, sh all be the
primary beneficiaries of such facilities. Therefore, this article is adopted to effect the purposes
stated.
(Ordinance 2005-19, sec. II, adopted 8/15/05; Ordinance 2006-06, sec. II, adopted 3/6/06; 2006
Code, Ch. 5, sec. 5.01)
Sec. 10.03.002 Dedication procedures
(a) Whenever a final plat is filed on record with the county clerk of Denton or Tarrant County
for development of a residential area in accordance with the planning and zoning ordinances of
the town, such plat shall contain a clear fee simple dedication of an area of land to the town for
park purposes, which area shall equal one (1) acre for every 44 proposed dwelling units.
(b) The town council declares that development of an area smaller than five (5) acres for public
park purposes is impractical. Therefore, if fewer than 220 dwelling units are proposed by a plat
filed for approval, the developer shall be required to pay the applicable cash in lieu of land amount
provided by section 10.03.003, rather than to dedicate any land area. No plat showing a
dedication for park purposes of less than five (5) acres shall be approved.
(c) In all other instances, the town shall have the right to accept the dedication for approval on
the final plat, or to refuse the dedication, after consideration of the recommendation of the
planning and zoning commission and the parks and recreation director, and to require payment
of cash in lieu of land in the amount provided by section 10.03.003, if the town determines that
sufficient park area is already in the public domain in the area of the proposed development, or if
the recreation potential in the area of the proposed [development] would be better served by
expanding or improving existing parks.
(Ordinance 2005-19, sec. III, adopted 8/15/05; Ordinance 2006-06, sec. III, adopted 3/6/06; 2006
Code, Ch. 5, sec. 5.02)
Sec. 10.03.003 Money in lieu of land
Where town council determines that a payment of money in lieu of land shall be made, the
following provisions shall apply:
(1) Amount required to be paid.
(A) Any payment of money required to be paid by this article shall be in an
amount equal to the average per-acre value of the whole property included within
the residential development. The acquisition price for land shall be equal to the
appraised value of the land existing in effect at the time of final plat approval.
(B) In determining the average per-acre value of the total land included within
the proposed residential development, the town council may base its
determination on one or more of the following:
(i) The most recent appraisal of all or part of the property made by the
central appraisal district;
(ii) Confirmed sale prices of all or part of the property to be developed,
or comparable property in close proximity thereof, which have occurred
within two (2) years immediately preceding the date of determination; or
(iii) Where, in the judgment of the town council, subsection (i) or (ii) above
would not, because of changed conditions, be a reliable indication of the
then current value of land being developed, an independent appraisal of
the whole property shall be obtained by the town and paid for by the
developer.
(Ordinance 2005-19, sec. IV, adopted 8/15/05; Ordinance 2006-06, sec. IV, adopted 3/6/06; 2006
Code, Ch. 5, sec. 5.03)
Sec. 10.03.004 Additional requirements
(a) Any land dedicated to the town under this article must be suitable for park and recreation
uses. The following characteristics of a proposed area are generally unsuitable:
(1) Any area primarily located in the 100-year floodplain.
(2) Any areas of unusual topography, slope or other characteristics which render
same unusable for organized recreational activities or other parks and recreational
uses.
Such characteristics of a parkland dedication area may be grounds for refusal of any preliminary
plat.
(b) Land listed in subsection (a) of this section may be accepted by the town council, provided
that suitable land in the proper amount is dedicated which is contiguous with the unsuitable land.
(c) Drainage areas may be accepted as part of a park if the channel is constructed in
accordance with town engineering standards, and if no significant area of the park is cut off from
access by such channel.
(d) Each park must have ready access to a public street.
(e) Unless provided otherwise in this section, an action by the town shall be by the town council,
after consideration of the recommendations of the planning and zoning commission and the parks
and recreation director and his recommendation to the town council.
(Ordinance 2005-19, sec. V, adopted 8/15/05; Ordinance 2006-06, sec. V, adopted 3/6/06; 2006
Code, Ch. 5, sec. 5.04)
Sec. 10.03.005 Credit for conveyance of floodplains
In cases where floodplain land or property is proposed for conveyance to satisfy the parkland
requirements, a credit will be given upon the following criteria:
Three (3) acres of floodplain shall be equal to one (1) acre of non-floodplain.
(Ordinance 2005-19, sec. VI, adopted 8/15/05; Ordinance 2006-06, sec. VI, adopted 3/6/06; 2006
Code, Ch. 5, sec. 5.05)
Sec. 10.03.006 Minimum park improvements
In cases where land dedication is chosen, the following minimum criteria must be adhered to by
the developer, at the developer's expense, prior to acceptance of the improvements by the town.
The developer shall:
(1) Grade and clear unwanted vegetation, to be determined by the town;
(2) Provide water and sewer service to the site.
(Ordinance 2005-19, sec. VII, adopted 8/15/05; Ordinance 2006-06, sec. VII, adopted 3/6/06;
2006 Code, Ch. 5, sec. 5.06)
Sec. 10.03.007 Appeals
Unless otherwise provided herein, an action by the town in determining compliance with the terms
of this article refers to a determination made by the parks and recreation director. The
developer/owner of land subject to parkland dedication requirements may appeal any
determination by the parks and recreation director under this article to the town council for a final
decision. The appeal shall be in writing and shall be filed with the planning and zoning
commission, which shall make its recommendation to the town council. The town council will not
review the appeal of any determination by the parks and recreation department without first
obtaining the recommendation of the planning and zoning commission. No final plat shall be
approved by the planning and zoning commission which varies the terms of this article or which
does not comply with the parks and recreation department's determination without final resolution
of the appeal by the town council. (Ordinance 2006-06, sec. VIII, adopted 3/6/06; 2006 Code, Ch.
5, sec. 5.07)
Sec. 10.03.008 Biennial review of ordinance
Prior to one (1) year after the effective date of this article, the parks and recreation director shall
review the parkland dedication ordinance and make any recommendations for revision to the town
council. Thereafter, at least once every two (2) years, the parks and recreation director shall
review the parkland dedication ordinance and make any recommendations for revision to the town
council. (Ordinance 2005-19, sec. VIII, adopted 8/15/05; Ordinance 2006-06, sec. IX, adopted
3/6/06; 2006 Code, Ch. 5, sec. 5.08)
Sec. 10.03.009 Dedication or payment required prior to beginning development
It shall be unlawful for any person who is required to convey land, or pay money in lieu of land,
as required by this article, to begin, or allow any other person or contractor to begin, any
construction or improvements on any land within the development to which this article applies,
until the required conveyance of land or payment of money in lieu of land is made to the town in
accordance with this article. (Ordinance 2005-19, sec. IX, adopted 8/15/05; Ordinance 2006-06,
sec. X, adopted 3/6/06; 2006 Code, Ch. 5, sec. 5.09)
Sec. 10.03.010 Dedication or payment required prior to issuance of building
permits or provision of utility service
No building permits shall be issued for, and no permanent utility services shall be provided to any
land within any development to which this article applies until the required conveyance of land or
payment of money in lieu of land is made to the town in accordance with this article. (Ordinance
2005-19, sec. X, adopted 8/15/05; Ordinance 2006-06, sec. XI, adopted 3/6/06; 2006 Code, Ch.
5, sec. 5.10)
Sec. 10.03.011 Increase in proposed number of dwelling units
After the town council has made a determination of the requirements of this article, or after the
requirements of this article have been met, based upon the proposed number of residential
dwelling units for any land to which this article applies, any person who desires to construct a
number of dwelling units in excess of the number of dwelling units for which the requirements of
this article were determined or met must submit to the town council a revised zoning proposal for
additional dwelling units for the development. Once the town council has approved a zoning
ordinance increasing the number of dwelling units allowed on a platted lot, the developer shall
either convey additional parkland through a plat or replat, or shall pay a fee in lieu of parkland for
the additional dwelling units, at issuance of building permits. Where a payment of money was
originally made to meet the requirements of this article, the person proposing to construct
additional dwelling units may be required to convey land for all or part of the development. In such
case, after the required conveyance is made, the payments, or portion thereof, previously made,
which are satisfied by the dedication of land, shall be returned by the town. (Ordinance 2005-19,
sec. XI, adopted 8/15/05; Ordinance 2006-06, sec. XII, adopted 3/6/06; 2006 Code, Ch. 5, sec.
5.11)
Sec. 10.03.012 Penalty
It shall be unlawful for any person to violate any provision of this article, and any person violating
or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not
more than two thousand dollars ($2,000.00), and a separate offense shall be deemed committed
each day during or on which a violation occurs or continues. (Ordinance 2005-19, sec. XII,
adopted 8/15/05; Ordinance 2006-06, sec. XIII, adopted 3/6/06; 2006 Code, Ch. 5, sec. 5.12)