ORD 2007-02TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2007-02 P8Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING
THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS,
BY REPEALING SECTION 7.01 OF ARTICLE VII, "DEVELOPER'S
AGREEMENTS, FINANCIAL ASSURANCES, AND CONSTRUCTION
CONTRACTS FOR PUBLIC IMPROVEMENTS" OF CHAPTER 12,
"SUBDIVISION REGULATIONS", AND ADOPTING A NEW CHAPTER 12,
ARTICLE VII, SECTION 7.01 IN ORDER TO ALLOW THE COMMENCEMENT
OF DIRT WORK PRIOR TO THE EXECUTION OF A DEVELOPER'S
AGREEMENT WHEN SPECIFIED REQUIREMENTS ARE MET; AND BY
REPEALING SECTION 8.11, "LAND DISTURBING ACTIVITIES", OF ARTICLE
Vlll, "TREE PRESERVATION AND REMOVAL", OF CHAPTER 12
"SUBDIVISION REGULATIONS", AND ADOPTING A NEW CHAPTER 12,
ARTICLE VIII, SECTION 8.11 IN ORDER TO ALLOW AN EARLY RELEASE
TO COMMENCE LAND DISTURBING ACTIVITIES MEETING SPECIFIED
CRITERIA; PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED
EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as "Town") is a Home Rule
Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of
the Texas Constitution and Chapter 9 of the Texas Local Government Code; and
WHEREAS, Town Staff has received requests for permission to commence with earth
work prior to the execution of a Developer's Agreement but has been unable to consider such
requests because Chapter 12, Article VII precludes the moving of dirt prior to the execution of a
Developer's Agreement; and
WHEREAS, in order to allow such activities, it was necessary to make certain changes
to Section 7.01(8)(3) of Article VII of Chapter 12 of the Code of Ordinances and to make
corresponding changes to Section 8.11(C) of Article VIII of Chapter 12 of the Code of
Ordinances; and
WHEREAS, in order to allow Council to review the proposed changes in the context of
existing regulations, such ease of reference necessitated a repeal of Section 7.01 and 8.01 in
their entirety and the adoption of new Sections 7.01 and 8.01; and
WHEREAS, after due deliberation and consideration by Town Council of the Town of
Trophy Club, Texas at a properly posted meeting, the Town Council now deems it necessary to
adopt this Ordinance amending 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
That the above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Section 7.01 entitled "Procedures" of Article VII entitled, "Developer's Agreement,
Financial Assurances, and Construction Contracts for Public Improvements" of Chapter 12,
entitled "Subdivision Regulations' of the Code of Ordinances of the Town of Trophy Club, Texas,
is hereby repealed in its entirety and a new Section 7.01 entitled "Procedures' of Article VII
entitled, "Developer's Agreement, Financial Assurances, and Construction Contracts for Public
Improvements" of Chapter 12, entitled "Subdivision Regulations' of the Code of Ordinances of the
Town of Trophy Club, Texas, is hereby adopted to be and read in its entirety as follows:
Section 7.01 Procedures
"A. Contract Required: The owner of property shall be required to execute a Developer's Agreement as
a condition of plat approval whenever the installation of community facilities or public improvements is
required. A Developer's Agreement shall be prepared after the final engineering plans and cost
estimates have been approved.
B. Approval of Contract:
1. The owner of property shall be required to execute a Developer's Agreement as a condition of
plat approval whenever the installation of community facilities or public improvements is
required. A Developer's Agreement shall be prepared after the final engineering plans and cost
estimates have been approved.
2. The Mayor shall review and sign the contract on behalf of the Town upon approval by the Town
Council.
3. No construction work shall begin on the subdivision before the Developer's Agreement is
approved and signed by the Mayor. This provision shall exclude the moving of dirt, when in
conformance with Article 8, Section 8.11 of this Code.-
4. The Town will use its best effort to expedite all necessary instruments and documents within
the Town administration.
C. Changes in Contract/Scope of Project:
Any subsequent changes in the plans and specifications of the approved project which results in an
increase in the project scope shall necessitate an amendment to the Developer's Agreement and
amendments to all required financial assurance instruments. An increase in the project scope shall
also require an increase in the Inspection Fee, as authorized in Section 7.03 (A) below. The
Developer shall bear the full cost of any additional work required by the Town Attorney and/or Town
Engineer in revising and/or reviewing the revised documents, and approval shall not be granted until
such additional fees are paid."
Ord. No. 98-08, § 7.1, 4-21-98 Repealed by Ord. No. 2001-21, § 7.1, 9-17-01, Repealed by Ord. No.
2007 -XX, § 7.1, 2-5-07
2.02 Section 8.11 entitled "Land Disturbing Activities" of Article VIII entitled, "Tree
Preservation and Removal" of Chapter 12, entitled "Subdivision Regulations' of the Code of
Ordinances of the Town of Trophy Club, Texas, is hereby repealed in its entirety and a new
Section 8.11 entitled "Land Disturbing Activities" of Article VIII entitled, "Tree Preservation and
Removal" of Chapter 12, entitled "Subdivision Regulations' of the Code of Ordinances of the
Town of Trophy Club, Texas, is hereby adopted to be and read in its entirety as follows:
Section 8.11 Land -Disturbing Activities
"A. Approval and Permit Required: No Person shall engage in any land -disturbing activities,
including but not limited to the removal of trees, land clearing and/or grading or other pre -
construction preparatory activity without the required approvals and permits. All such land -
disturbing activities shall be confined to the interior limits of the grading area identified on an
approved grading plan. A clearing and grading permit is required in the Town 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 Director of Community Development with an approved
application for a building permit;
3. The removal of underbrush, dead trees or diseased or damaged trees which
constitute a hazard to life and property based upon a field inspection verification
by the Parks and Recreation Director;
4. Land -Disturbing Activities or other practices associated with and necessary to
conduct normal agricultural crop operations on a property, excluding timber
cutting.
C. Standards
General Requirements - Following the approval of a Preliminary Plat by the
Planning & 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 protections 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 stock piled on the site.
k. All applicable fees shall be paid.
2. Cut and Fills
a. Slopes greater than three feet (T) 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 fill or excavation; he or she shall, at their expense, take all steps necessary to ensure
compliance with the following:
i. Take or cause to be taken all actions necessary to protect all adjoining property
from encroachment by such fill or excavation, or danger of collapse due to such
excavation either by the erection of an engineered retaining wall or by sloping the
sides of such fill or excavation either within the confines of the site; and,
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 Director 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 Director of Community
Development to determine that the project will result in the reasonable preservation of trees
under the standards set forth in Section 8.5 of this Chapter 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 Director of Community
Development to determine that it provides for the reasonable preservation of trees and
understory, and that the following criteria has been met regarding the selection of trees to be
preserved or removed. When making such determination, the Director shall consider all
relevant factors, including but not limited to the following:
i. Proximity of the 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."
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting
Land Disturbing Activities 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 the
Ordinance, and the Town Council hereby declares it would have passed such remaining of the
Ordinance despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town
Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the
Town and by amending the Code of Ordinances to reflect the changes adopted herein by
Council.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction, in
an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to the Caption,
Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the
Texas Local Government Code.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with
law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this
the 5`h day of January, 2007.
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ATTEST: y2
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Town Secretary /
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Mayor
Town of Trophy Club, Texas
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
QW0 (MA -
Town Attorney
Town of Trophy Club, Texas