ORD 2006-17TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-17
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ORDINANCE NO. 2006-13 IN ITS ENTIRETY; AND
AMENDING CHAPTER 11, ENTITLED `°PUBLIC WORKS" OF
THE CODE OF ORDINANCES OF THE TOWN OF TROPHY
CLUB BY ADDING SECTIONS 8.01 — 8.05 TO ARTICLE VIII,
ENTITLED "LAWN AND LANDSCAPE IRRIGATION
CONSERVATION'; PROVIDING A SAVINGS AND REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS
($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING A PUBLICATION CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on April 19, 2005, the Fort Worth City Council adopted a water
conservation plan through the enactment of Resolution No. 3190-04-2005 ("Water
Conservation Plan"); and
WHEREAS, on May 22, 2006, the Town of Trophy Club ("Town") determined it
necessary and appropriate to adopt the Water Conservation Plan in order to allow
enforcement of the Water Conservation Plan, by adopting Town Ordinance No. 2006-13;
and
WHEREAS, Ordinance No. 2006-13 adopting the Town's Water Conservation
Plan was adopted prior to the Codification of the Town's Ordinances into the existing
Code of Ordinances of the Town of Trophy Club; and
WHEREAS, as a matter of convenience to the residents of Trophy Club, the
Town Council finds it necessary to repeal Town Ordinance No. 2006-13 in its entirety,
and add Sections 8.01- 8.05 to Article VIII, entitled "Lawn and Landscape Irrigation
Conservation", to Chapter 11 of the Code of Ordinances of the Town.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
The Code of Ordinances of the Town of Trophy Club, Texas, is amended by the
addition of a new Article VIII, entitled "Lawn and Landscape Irrigation Conservation" to
Chapter 11, entitled "Public Works" and hereafter such Chapter 11, Article VIII Sections
8.01-8.05 shall read as follows:
"Section 8.01 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. daily during the period from June 1 through September
30 of any year.
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.
Section 8.02 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 ordinance or any other ordinance of the Town on premises owned,
leased, controlled, or managed by that person.
Section 8.03 Variance
A. Extreme Hardship
The Director of Community Development may grant variances from the provisions
of this Ordinance 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 of Variance
The Director may revoke a variance granted when the Director determines that:
1. The conditions of subsection 4.01(a) are not being met or are no longer
applicable; or
2. The terms of the compliance agreement are being violated; or
3. The health, safety or welfare of other persons requires revocation.
Section 8.04 Appeals
A. An appeal of a decision of the Director of Community Development denying a
variance request or placing conditions on a variance under this Ordinance 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.
Section 8.05 Exemptions
A. Property owners who claim an exception to the requirements of this Article 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."
SECTION 3.
SAVINGS & REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town
affecting water conservation and shall not repeal any of the provisions of such ordinances
except in those instances where provisions of those ordinances are in direct conflict with
the provisions of this Ordinance; whether such ordinances are codified or uncodified, and
all other provisions of the Ordinances of the Town of Trophy Club, codified or
uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force
and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim
which prior to the effective date of this Ordinance has been initiated or has arisen under
or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions
of that Ordinance and for that purpose the Ordinance shall be deemed to remain and
continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a
separate offense shall be deemed committed each day during or on which a violation
occurs or continues.
SECTION 6.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the
minutes of the Town Council and by filing this Ordinance in the ordinance records of the
Town.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date of this Ordinance as required by State law and
Town Charter.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 19`h day of June, 2006.
Mayor
Town of Trophy Club, Texas
Effective Date:'14 2006
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
`;2 h A (-J001-1 pt',�
Town Attorney
Town of Trophy Club, Texas