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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)