11-008 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 11-008
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 10.5
(SIDEWALKS) AND SECTION 10.13 (THOROUGHFARE SCREENING) OF THE
SUBDIVISION ORDINANCE NO. 03-05; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS
AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has investigated and
determined that Section 10.5 (Sidewalks) and Section 10.13 (Thoroughfare Screening) of the Town of Prosper,
Texas ("Prosper") Subdivision Ordinance No. 03-05 should be amended; and
WHEREAS, Prosper has complied with all notices and public hearings as required by law; and
WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the best interest of
the citizens of Prosper to amend Prosper's Subdivision Ordinance No. 03-05 as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2: Amendment to Prosper's Subdivision Ordinance No. 03-05. Section 10.5 (Sidewalks) of
Prosper's Subdivision Ordinance No. 03-05 is hereby amended to read as follows:
10.5 Sidewalks
Sidewalks shall be constructed having a minimum width of five feet (5') along all residential
streets and six feet (6') along all thoroughfares and collector streets. Sidewalks located along
thoroughfares and collector streets shall be constructed to meander with a radius between one
hundred to two hundred feet (100'-200'), unless the Director of Development Services or
his/her designee determines the required radius cannot be met due to existing physical
conditions or site constraints. Sidewalks located in the required landscape buffer (see Section
10.13.5) shall be placed in a sidewalk easement to be dedicated at the time of final plat.
Sidewalks shall be constructed of 3000 psi concrete and a minimum thickness of four inches
(4"), with number 3 bars at 18 inch centers, both ways.
SECTION 3: Amendment to Prosper's Subdivision Ordinance No. 03-05. Section 10.13 (Thoroughfare
Screening) of Prosper's Subdivision Ordinance No. 03-05 is hereby amended to read as follows:
10.13 Thoroughfare Screening
10.13.1 ScreeniiigRgqui_rements - Screening is required for all Single -Family, Two -Family, and
Townhome lots and subdivisions as follows:
10.13.1a The rear of all lots that back to a thoroughfare or collector with right-of-way of
sixty feet (60') or greater;
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10.13.1b The side of all lots that side to a thoroughfare or collector with right-of-way of
sixty feet (60') or greater, unless a lot sides to a median divided entry street to a
subdivision; and
10.13.1c Between any street and an adjoining parallel alley or street.
10.13.2 Lots are prohibited from backing to a street with a right-of-way of less than sixty feet (60').
All required screening shall be installed in accordance with this Ordinance, as it currently
exists or may be amended.
10.13.3 Screening Plans - A conceptual screening detail shall be submitted for review and approval
with the Preliminary Plat. A screening plan, including entry features, showing elevations and
materials shall be submitted with the Final Plat and approved by the Director of Development
Services or his/her designee prior to the filing of the Final Plat at the county. Screening walls
and fences shall be designed in accordance with the Town's design standards. Structural
elements shall be sealed by a licensed professional engineer and approved by the Town.
Upon installation of the required screening, the developer shall contact the Development
Services Department to request final inspection of screening elements. All required screening
shall be installed prior to Town issuance of a final acceptance certificate. The Developer may
delay the installation of screening by providing surety to guarantee the installation of the
required screening. Surety shall be defined as a bond, letter of credit, or letter of financial
guarantee from a financial institution and be in an amount and format that is approved by the
Director of Development Services. Required screening shall be installed within three (3)
months from the date of Town issuance of a final acceptance certificate or prior to Town
issuance of a Certificate of Occupancy for a home in the subdivision, excluding model homes.
10.13.4 Landscape Plans - A landscape plan for landscaping required by this Ordinance, as it currently
exists or may be amended, shall be submitted with the Final Plat and approved by the
Director of Development Services or his/her designee prior to the filing of the Final Plat at the
county. A landscape plan shall be approved by the Town for all proposed landscaping prior
to planting. Landscape materials shall be in accordance with the planting list in Section
10.13.6 and installation shall be in accordance with the Zoning Ordinance, as it currently
exists or may be amended, or other applicable ordinances. Other species may be utilized with
approval from the Planning & Zoning Commission. Upon installation of the required
landscaping, the developer shall contact the Development Services Department to request
final inspection of landscaping elements. All required landscaping shall be installed prior to
Town issuance of a final acceptance certificate. The Developer may delay the installation of
landscaping by providing surety to guarantee the installation of the required landscaping.
Surety shall be defined as a bond, letter of credit, or letter of financial guarantee from a
financial institution and be in an amount and format that is approved by the Director of
Development Services. Required landscaping shall be installed within six (6) months from
the date of Town issuance of a final acceptance certificate or prior to Town issuance of a
Certificate of Occupancy for a home in the subdivision, excluding model homes.
10.13.5 Required Screening, and Landscaping - Screening required by Section 10.3.1 shall be installed
by the Developer in accordance with the approved Screening and Landscape Plans. The
design of such screening shall conform to the standards below and as generally shown in
Exhibit 10.13.5-1:
10.13.5a Landscape Buffer Requirement. A minimum twenty five foot (25') landscape
buffer shall be provided for required screening and shall be located within a
private "non -buildable" lot that is dedicated to, owned by, and maintained by the
subdivision's Homeowners' Association (HOA). Required landscape buffers
shall be exclusive of all required streets and right -turn rights-of-way, drainage
easements, and utility easements, unless otherwise approved by the Town
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Council.
10.13.5b Landscaping Requirements. All trees and other required landscape materials
shall be from the approved Plant List in Section 10.13.6 of this ordinance.
Landscaping shall be provided as follows:
(a) A living screen of evergreen shrubs shall be planted within the
required landscape buffer as generally shown in Exhibit 10.13.5-1. The living
screen shall alternate with shrubs that shall be a minimum of seven (7) gallons at
time of planting and reach a minimum height of six feet (6) within two (2)
growing seasons and shrubs that shall be a minimum of three (3) gallons at the
time of planting and reach a minimum height of three feet (3') within two (2)
growing seasons.
(b) A mix of large and ornamental trees shall be planted within the
required landscape buffer, as generally shown in Exhibit 10.13.5-1. The total
number of caliper inches of the trees shall equal or exceed two (2) caliper inches
per ten (10) linear feet of landscape buffer frontage. Large trees shall consist of a
minimum of thirty three percent (33%) of all tree plantings. Minimum large tree
size shall be four (4) caliper inches at time of planting and minimum ornamental
tree size shall be two (2) caliper inches at time of planting. A single species of
tree shall not exceed forty-five percent (45%) of the plantings. Large trees shall
be spaced a minimum of twenty five feet (25') from each other. Large trees shall
be planted a minimum of fifteen feet (15') from right-of-way and a minimum of
four feet (4') from easements as determined by the Town, curbs, utility lines,
screening walls, fences, sidewalks, and alleys, unless the Director of
Development Services or his/her designee determines the required distance
cannot be met due to existing physical conditions or site constraints. Ornamental
trees shall be spaced a minimum of twelve and a half feet (12.5') from each other.
(c) Berms shall be constructed within the landscape buffer as
generally shown in Exhibit 10.13.5-1. The berms may encroach up to three feet
(3') into the right-of-way and shall not exceed a 3:1 slope. Adequate information
shall be provided on the landscape plan to indicate drainage patterns.
(d) Ground cover shall be planted throughout the landscape buffer.
Ground cover includes, but is not limited to: grasses, shrubs, mulched planter
beds, and hardscape.
10.13.5c Screening Wall and Fencing Requirements. Screening walls and fencing shall be
provided as follows:
(i) A continuous ornamental metal fence with a minimum height of six
feet (6') and a maximum height of eight feet (8'), with masonry columns spaced
between seventy five feet (75') and one hundred feet (100'), shall be constructed
along the shared property line between the landscape buffer and the abutting lots.
The maximum height of the columns, including capstones, shall be nine feet (9').
The minimum height of required walls and fences shall be measured from the
nearest alley edge, the property line (where no alley exists) or sidewalk grade,
whichever is higher, and shall be constructed in accordance with Town design
standards. The ornamental metal fence shall be constructed of solid -stock
materials and tubular steel with a minimum of sixteen (16) gauge pickets and
eleven (11) gauge posts.
(ii) The requirement to construct a continuous ornamental fence may be
waived by the Director of Development Services or his/her designee where
residential lots do not directly back or side to the required landscape buffer.
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(iii) A minimum five-foot (5') wall maintenance easement, dedicated to the
HOA, shall be provided on the plat on all lots abutting the screening wall or
fence. The screening wall shall be owned and maintained by the HOA.
(iv) Masonry walls, wood fences, solid metal fences, or any other type of
solid fencing shall not be constructed parallel to the required ornamental metal
fence within the landscape buffer or on an adjacent lot, within a distance of
twenty five feet (25') from the ornamental metal fence.
10.13.5d Irrigation Requirements. An automatic, underground irrigation system shall
provide one hundred percent (100%) coverage for all living screens and plantings,
and shall conform to the following:
(a). Irrigation lines shall be placed a minimum of two and one-half
feet (2 'h') from the sidewalk. Reduction of this requirement is subject to review
and approval by the Town Engineer. The main irrigation lines, section lines and
zone valves for irrigation systems shall be placed outside of required right-of-way
corner clips.
(b) Trees and shrubs shall be irrigated by bubbler irrigation lines
only. Other landscaping may be irrigated by spray irrigation. Separate valves
shall be provided to turn off the spray irrigation line during periods of drought or
water conservation.
(c) The main irrigation line, section lines and water valve for
irrigation shall be placed a minimum of thirteen feet (13') from the back of the
curb at major intersections to accommodate right turn lanes.
(d) The Developer is responsible for installing the water meter and
back flow equipment. The Town Engineer shall approve the water meter size and
placement. The water meter shall be accessible from the street.
Evapotranspiration (ET) controllers shall be required on all irrigation systems.
10.13.5e Maintenance Requirements, The Developer shall provide financial means to
maintain required screening walls, fences, and landscaping. One of the following
maintenance alternatives shall be selected and fulfilled by the Developer, but the
selection is subject to staff approval:
(a) Establishment of a homeowners association to maintain
required screening walls, fences, and landscaping. The Developer shall provide
homeowners association documents to the Town to demonstrate financial
responsibility for future maintenance, repairs, and replacement of the required
improvements. Documents establishing the homeowners association or Property
Owners association shall be submitted to the Town for review and may be
reviewed by the Town Attorney for conformance with this and other applicable
ordinances prior to final acceptance of the subdivision. The documents shall
include, among other information required by the Town, descriptions o£
1. operating budgets based on operating assumptions;
2. reserve budget based on facilities to be maintained;
3. subsidies budget; and
4. liability insurance.
The homeowner association shall be responsible for maintaining, repairing, or
replacing screening walls, fences, and landscaping required by this Ordinance, as
it currently exists or may be amended. The Developer shall remain responsible
for the maintenance requirements set forth herein, until the Developer ceases to
control the homeowner's association.
(b) Subject to the discretion and approval of the Town Attorney
and Town Council, a Public Improvement District (PID) may also be utilized to
maintain landscaping improvements.
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10. 13.6 Plant List:
Trees — Large (Canopy)
Live Oak
Shumard Red Oak
Chinquapin Oak
Texas Red Oak
Shumard Oak
Cedar Elm
Lacebark Elm
Chinese Pistache
Texas Pistache
Caddo Maple
Trident Maple
Drummond Maple
Big Storm Maple
Pecan
River Birch
Bald Cypress
Corkscrew Willow
Texas Ash
Southern Magnolia
Trees - Ornamental
Desert Willow
Eve's Necklace
Yaupon Holly
Texas Mountain Laurel
Mexican Plum
Eastern Redbud
Texas Redbud
Oklahoma Redbud
Vitex
Wax Myrtle
Rose of Sharon
Little Gem Magnolia
Eastern Red Cedar
Leyland Cypress
Crape Myrtle
Flowering Crab Apple
Japanese Black Pine
Shrubs - Ornamental
Abelia Sp.
Barberry Spp.
Boxwood
Dwarf Yaupon Holly
Red Yucca
Carissa Holly
Gulf Stream Nandina
San Gabriel Nandina
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Moonbay Nandina
Harbor Dwarf Nandina
Indian Hawthorne
`Rock' Rose
`Knock Out' Rose
Texas Sage
Spirea Spp.
Screening Shrubs (6' minimum in height)
Cleyera
Foster Holly
Nellie R. Stevens Holly
Savanna Holly
Burford Holly
Mary Nell Holly
Viburnum
Spiraea Spp.
Skyrocket Juniper
Blue Point Juniper
Screening Shrubs (36" maximum)
Spiraea Spp.
Indian Hawthorne
Dwarf Burford Holly
Needle Point Holly
Nandina Compacta
Texas Sage
Tams Juniper
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SECTION 4: Savings/Repealing Clause: Prosper's Subdivision Ordinance No. 03-05 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in
conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for
violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any
violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall
remain in full force and effect.
SECTION 5: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance
be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and
all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it
would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact
that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or
invalid.
SECTION 6: Penalty Provision. Any person, firm, corporation or business entity violating this
Ordinance or any provision of Prosper's Subdivision Ordinance No. 03-05, or as amended, shall be deemed
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guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars
($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal
provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation.
Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 7: Effective Date: This Ordinance shall become effective from and after its adoption and
publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS on this 25`h day of January, 2011.
ATTESTED TO AND
CORRECTLY RECQR ED BY:
Matthew D. Denton, TRMC
Town Secretary
APPROVED AS TO ORM:
P-- — 1-1
LO -ID, -.V,
Ray Smith, ayor
DATE OF PUBLICATION, 02 - OS t' I\ , Dallas Morning News
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