ORD 2011-25TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-25
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ARTICLE XVIII ENTITLED "JOB SITE MAINTENANCE" OF
CHAPTER 3 ENTITLED "BUILDINGS AND CONSTRUCTION" OF THE
CODE OF ORDINANCES OF THE TOWN REQUIRING CONTAINERS
ON CONSTRUCTION JOB SITES FOR SOLID WASTE COLLECTION;
PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING
FOR AMENDMENTS; PROVIDING A CUMULATIVE REPEALER
CLAUSE; PROVIDING SEVERABILITY; 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 Council of the Town of Trophy Club, Texas (the ''Town'') is
a home rule municipality empowered to do all acts and make all regulations which may
be necessary or expedient for the promotion of the public health, safety and general
welfare; and
WHEREAS, trash and debris generated during the construction process create
unsafe, unsightly and unsanitary conditions on property; and
WHEREAS, the proper containment of construction debris is necessary to
protect the health, safety and welfare of property where construction is occurring and of
surrounding properties; and
WHEREAS, on June 1, 2005, the Town entered into an exclusive contract with
Allied Waste Services, Inc., to provide solid waste and recyclable materials collection,
transportation and disposal services; and
WHEREAS, in May, 2007, the Town agreed to a First Modification to the contract
to change primary collection days set forth in the Agreement; and
WHEREAS, in June, 2008, the Town agreed to a Second Modification to the
contract to adopt increased rates; and
WHEREAS, in January, 2010, the Town agreed to a Third Modification to the
contract to extend the term of the Agreement for a five (5) year period beginning April
18, 2010 and ending April 17, 2015; and to adopt increased rates; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas deems it
necessary and beneficial to adopt regulations requiring the use of proper waste
receptacles on construction sites in accordance with the Town's exclusive contract for
solid waste collection, transportation, and disposal services; and
WHEREAS, having previously adopted Article XVIII of Chapter 3 of the Code of
Ordinances to regulate job site cleanliness, the Town Council has determined it
necessary to clarify the scope of the new regulations and has determined that the
additional amendments as set forth herein are necessary and appropriate for the public
health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That all of the above premises are true and correct and are hereby incorporated
in the body of this Ordinance as if fully set forth herein.
SECTION 2.
AMENDMENTS
2.01. Chapter 3 entitled "Buildings and Construction", of the Code of Ordinances of the
Town of Trophy Club is hereby amended so that Article XVIII entitled "Job Site
Maintenance" shall be and read in its entirety as follows:
"Article XVIII. Job Site Maintenance
Section 18.01. Applicability. This Article shall apply to all new construction,
remodeling, and other construction activities within the Town that require a
building permit.
Section 18.02. Definitions.
A. Construction Debris: Debris and other waste building materials resulting
from new construction and demolition operations on pavements, buildings and
other structures, provided however, that the term shall not include Hazardous
Waste.
B. Container: A metal container supplied by the Solid Waste Provider.
C. Debris: All dirt, concrete, rocks, bricks, wood, building materials, or other
trash, refuse, or waste materials, not including Hazardous Waste generated by or
as a result of a construction project.
ORD 2011-25 Page 2 of 5
D. Hazardous Waste: Petroleum and petroleum products, radioactive
materials, asbestos in any form that is or could become friable, urea
formaldehyde foam insulation, transformers or other equipment that contain
polychlorinated biphenyls, and radon gas; and any other chemicals, materials or
substances defined as or included in the definition of "hazardous materials,"
"hazardous wastes," "hazardous substances," "toxic wastes," "toxic pollutants,"
"contaminates," "pollutants," "infectious wastes," "medical wastes, "radioactive
wastes," "sewage sludges" or words of similar import under any applicable
environmental law.
E. Remodeling and Repair Construction Debris: Debris and other waste
building materials resulting from remodeling and/or repair, provided however, that
the term shall not include Hazardous Waste.
F. Solid Waste Provider: The entity with which the Town of Trophy Club
has contracted to provide exclusive solid waste and recyclable materials
collection, transportation and disposal services for and within the Town limits.
Section 18.03. Worksite Cleanliness and Waste Disposal.
A. Worksite Condition -New Construction. All new residential and
commercial construction job sites within the Town shall be maintained in such a
manner so as to be free of all Construction Debris from the commencement of
permitted construction activity through the date of final permit approval.
B. Container Required. All Construction Debris generated by or related to a
new residential or commercial construction job site shall be wholly contained in a
Container. Container shall be of sufficient capacity to prevent spillage, blowing
Debris or other unsightly or unsanitary conditions. Each new residential and
commercial construction job site within the Town shall utilize at least one (1)
Container, except as otherwise expressly provided herein. Such Container shall
be located wholly on the single construction job site which it is servicing; provided
however, that where two (2) construction job sites are adjacent, one (1)
Container placed at a central location on one (1) or more of those job sites may
be utilized to service both job sites. Each Container shall be of sufficient size to
accommodate disposal of all Construction Debris from the job site or sites for
which the Container is servicing.
C. Time Frame. A Container shall be placed on the job site(s) on or before
the date of the first foundation inspection and shall be maintained upon the job
site(s) until final brick completion. Thereafter, the Container may be removed;
however, waste containment shall be in accordance with this Section.
ORO 2011-25 Page 3 of 5
D. Other Receptacles. After the removal of a Container, Construction
Debris shall be contained in a proper waste disposal receptacle so that Debris is
wholly contained and not visible from the street.
E. Worksite Condition -Remodeling and Repair. All residential and
commercial remodeling and repair job sites within the Town shall be maintained
in such a manner so as to be free of all Remodeling and Repair Construction
Debris from the commencement of permitted construction activity through the
date of final permit approval. Remodeling and Repair Construction Debris shall
be contained in a Container or shall be removed from the job site daily."
SECTION 3.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town
affecting the containment of waste and the general condition of commercial and
residential construction job sites 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 in accordance with the Town Charter.
ORD 2011-25 Page 4 of 5
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 of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
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 Section 52.011
of the Texas Local Government Code.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect upon publication 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 20 th day of June, 2011
ATIEST:
Shannon DePrater, t-own Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
ORO 2011·25
i~nq0 Jdtt
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
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