07.28.2015 Town Council Packet
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
3. Announcements of recent and upcoming events.
4. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may be
removed from the Consent Agenda by the request of Council Members or staff.)
4a. Consider and act upon minutes from the following Town Council meeting. (RB)
Regular Meeting – July 14, 2015
4b. Consider and act upon an ordinance rezoning 12.3± acres, from Commercial (C)
to Planned Development-Retail (PD-R), located on the west side of Custer Road,
200± feet north of US 380. (Z15-0009). (JW)
4c. Consider and act upon whether to direct staff to submit a written notice of appeal
on behalf of the Town Council to the Development Services Department,
pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning
Ordinance, regarding action taken by the Planning & Zoning Commission on any
site plan or preliminary site plan. (AG)
5. CITIZEN COMMENTS:
(The public is invited to address the Council on any topic. However, the Council is
unable to discuss or take action on any topic not listed on this agenda. Please complete
a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the
meeting.)
Other Comments by the Public:
REGULAR AGENDA:
(If you wish to address the Council during the regular agenda portion of the meeting,
please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary
prior to the meeting. Citizens wishing to address the Council for items listed as public
hearings will be recognized by the Mayor. Those wishing to speak on a non-public
hearing related item will be recognized on a case-by-case basis, at the discretion of the
Mayor and Town Council.)
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, July 28, 2015
6:00 p.m.
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DEPARTMENT ITEMS:
6. Consider and act upon an ordinance amending Chapter 13, “Utilities,” of the Code of
Ordinances, by adding thereto a new Article 13.10, “Backflow Prevention Plan” and
amending Appendix A, “Fee Schedule,” to the Code of Ordinances by adding thereto a
new Section XVIII, “Backflow Prevention Plan and Enforcement Fees.” (FJ)
7. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
7a. Section 551.087 – To discuss and consider economic development incentives.
7b. Section 551.072 – To discuss and consider purchase, exchange, lease or value
of real property for municipal purposes and all matters incident and related
thereto.
7c. Section 551.071 – Consultation with Town Attorney regarding legal issues
associated with Article 1.10 of Chapter 1 of the Code of Ordinances, and all
matters incident and related thereto
8. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
9. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
CIP Projects (HW)
Town Hall/Multi-Purpose Facility
Coleman Road Reconstruction Project
West Prosper Road Improvements
SH 289 Median Lighting and Landscaping
Frontier Park Parking. (HW)
10. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town
Hall, located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily
accessible to the general public at all times, and said Notice was posted on July 24, 2015, at 5:00 p.m.
and remained so posted at least 72 hours before said meeting was convened.
_______________________________ _________________________
Robyn Battle, Town Secretary Date Noticed Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to
consult in closed session with its attorney and to receive legal advice regarding any item listed on this
agenda.
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NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are
limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes
with approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are
wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at
(972) 569-1011 at least 48 hours prior to the meeting time.
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 6:04 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Deputy Mayor Pro-Tem Curry Vogelsang, Jr.
Councilmember Kenneth Dugger
Councilmember Michael Korbuly
Councilmember Mike Davis
Council Members Absent:
Councilmember Jason Dixon
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
Terrence Welch, Town Attorney
John Webb, Director of Development Services
Alex Glushko, Senior Planner
Matt Richardson, Senior Engineer
Cheryl Davenport, Finance Director
January Cook, Purchasing Agent
Ronnie Tucker, Fire Chief
Stuart Blasingame, Assistant Fire Chief
Gary McHone, Assistant Police Chief
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor Tony Ellenberg of Lighthouse Christian Fellowship led the invocation. The
Pledge of Allegiance and the Pledge to the Texas Flag were recited.
3. Announcements of upcoming events.
Councilmember Korbuly read the following announcements:
Registration is open for several Parks & Recreation Programs including Bricks 4 Kids,
Archery, Tennis, and Engineering Camps, adult fitness classes, and much more.
Visit the Town of Prosper website for more information on how to register.
MINUTES
Regular Meeting of the
Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, July 14, 2015
Item 4a
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The Parks and Recreation Department is holding a “Wild in Prosper” photo contest
through July 31. Visit a Town of Prosper park, take a photo, and submit your entry to
recreation@prospertx.gov. For contest rules, see the Town website.
The Public Works Department will offer a Drip Irrigation Do-It-Yourself Course on
August 10 from 6:30-8:30 p.m., at the Public Works Office, located at 601 W. Fifth
Street. Contact Tristan Cisco with Public Works for more information.
Prize pickup for the Library’s 500 Minute Challenge will be held on August 1. If you
have signed up to read 500 minutes over the summer, return your completed log for
prizes. The program is open to everyone 13 years of age or younger.
The Town Secretary’s Office is accepting applications for the Town’s various Boards
and Commissions through Friday, August 7. Applications and information are
available on the Town’s website, or by contacting the Town Secretary, Robyn Battle.
Movoto, an online real estate brokerage firm, has named Prosper among the 10 best
Dallas Suburbs. Criteria for this list included monthly housing costs, quality of
schools, crime rate, unemployment rate, average commute time to Dallas, and
median household income.
Councilmember Korbuly announced that registration for several youth sports
organizations is now open.
4. Presentations.
Presentation to the players, coaches and staff of the Prosper High School
Baseball Team for winning the 2015 Class 5A State UIL Baseball
Championship. (RB)
The Town Council presented congratulatory letters to members of the Prosper
High School Baseball team, and then presented one of three roadside signs that
will be placed at key intersections within the Town declaring the team’s 2015 state
championship.
5. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items
may be removed from the Consent Agenda by the request of Council Members
or staff.)
5a. Consider and act upon minutes from the following Town Council
meeting. (RB)
Regular Meeting – June 23, 2015
Special Meeting – June 30, 2015
5b. Receive the May 2015 Financial Report. (CD)
Item 4a
Page 3 of 10
Councilmember Dugger made a motion and Councilmember Korbuly seconded the
motion to approve all items on the Consent Agenda. The motion was approved by a
vote of 6-0.
6. CITIZEN COMMENTS:
(The public is invited to address the Council on any topic. However, the
Council is unable to discuss or take action on any topic not listed on this
agenda. Please complete a “Public Meeting Appearance Card” and present it to
the Town Secretary prior to the meeting.)
Other Comments by the Public -
There were no Citizen Comments.
REGULAR AGENDA:
(If you wish to address the Council during the regular agenda portion of the
meeting, please fill out a “Public Meeting Appearance Card” and present it to
the Town Secretary prior to the meeting. Citizens wishing to address the
Council for items listed as public hearings will be recognized by the Mayor.
Those wishing to speak on a non-public hearing related item will be recognized
on a case-by-case basis, at the discretion of the Mayor and Town Council.)
PUBLIC HEARINGS:
7. Conduct a Public Hearing, and consider and act upon a request to amend
Chapter 2, Zoning Districts and Chapter 4, Development Requirements of the
Zoning Ordinance regarding Alternating Single Family Plan Elevations, Exterior
Residential Masonry Construction, Impervious Coverage of Residential Front
Yards, Single Family Corner Lot Landscaping, Residential Garage Standards,
Residential Driveway Standards, Carports and Size of Garages; and amend
Chapter 3, Building Regulations of the Code of Ordinances regarding
residential fences and exterior masonry construction. (Z15-0005). (JW)
Councilmember Vogelsang made a motion and Councilmember Korbuly seconded
the motion to table Item 7 to the August 25, 2015, Town Council meeting. The motion
was approved by a vote of 6-0.
Mayor Smith opened Items 8 and 9 concurrently.
8. Conduct a Public Hearing, and consider and act upon a request to amend the
Future Land Use Plan, located on the northwest corner of Prosper Trail and
future Shawnee Trail, from Medium Density Residential to Dallas North Tollway
District. The property is zoned Single Family-15 (SF-15) and Commercial
Corridor (CC). (CA15-0002). [Companion Case Z14-0005] (JW)
9. Conduct a Public Hearing, and consider and act upon a request to rezone 67.7±
acres, located on the northwest corner of Prosper Trail and Dallas Parkway,
from Single Family-15 (SF-15) and Commercial Corridor (CC) to Planned
Item 4a
Page 4 of 10
Development-Single Family/Office/Retail (PD-SF/O/R). (Z14-0005). [Companion
case CA15-0002] (JW)
Development Services Director John Webb presented Items 8 and 9 before the Town
Council. These items were tabled at the May 26, 2015, and the June 23, 2015, Town
Council meetings to give the applicant an opportunity to modify the proposed PD
development standards. The request includes a 7.5-acre tract at the northwest
corner of Prosper Trail and future Shawnee Trail that is currently zoned Single
Family-15. The applicant desires to rezone this area for Office use, which would
require an amendment to the Future Land Use Plan.
The applicant has revised some, but not all, of the requested modifications to the
proposed PD development standards. The applicant has addressed the
modifications related to carports, landscape buffering along Shawnee Trail and
Prosper Trail, the requirement for a Specific Use Permit (SUP) for convenience store
with gas pump uses, and for outdoor sales and display uses. The applicant has also
relocated the northern drive on Shawnee Trail toward the northern property line, as
requested.
The applicant has not met the requested modification for a minimum residential lot
size of 15,000 square feet, roof pitch requirements, reconfiguration of the big box
orientation, or to include the Town Council as an approval authority for proposed
façade plans/architectural character elevations. The Planning & Zoning Commission
recommended approval subject to several conditions. Town staff recommended
approval, subject to the approval of the Future Land Use Plan, and several conditions
related to lot size, approval of façade/architectural character, and limitations on drive-
through restaurants.
Kathryn Edwards spoke on behalf of the applicant. She explained that instead of
requiring all residential lots to be 15,000 square feet, the proposed residential lots are
an average of 15,000 square feet. The applicant would prefer to retain the flexibility
of façade/architectural character for the development. She reviewed some additional
aspects of the proposed PD. The Town Council requested submission of a concept
plan for the PD, and would like to retain approval authority for proposed façade plans
and architectural standards. They also requested a minimum residential lot size of
15,000 square feet. Barry Knight, representing the applicant, stated that they would
like to return to a future Council meeting with a concept plan, and would consider the
requests related to roof pitch and drive-through restaurants.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
The Council asked if it would be possible to add an access point from Prosper Trail,
however, it would require reclamation of a portion of the floodplain.
After discussion, Deputy Mayor Pro-Tem Vogelsang made a motion and
Councilmember Dugger seconded the motion to table Item 8 and Item 9 to the August
25, 2015, Town Council meeting. The motion was approved by a vote of 6-0.
Item 4a
Page 5 of 10
10. Conduct a Public Hearing, and consider and act upon an ordinance amending
Specific Use Permit-8 (SUP-8) for a Child Day Care Center, on 1.6± acres,
located on the north side of Richland Boulevard, 300± feet west of Coit Road.
The property is zoned Office (O). (S15-0005). (JW)
Development Services Director John Webb presented this item before the Town
Council. The applicant is proposing to increase the existing building square footage
by greater than 10%, which requires an amendment to the SUP. Mr. Webb reviewed
the details of the request, and the criteria staff considered to determine the validity of
the request. The Planning & Zoning Commission recommended approval of the
request, subject to conditions. The applicant has since revised the proposed
conceptual elevation.
Mayor Smith opened the Public Hearing
Pann Sribhen with PSA Engineering spoke on behalf of the applicant. He addressed
the Council on the details of the proposed changes to the SUP, including those
requested by the Planning & Zoning Commission, which were intended to make the
project more compatible with the existing SUP.
With no one else speaking, Mayor Smith closed the Public Hearing.
After discussion, Mayor Pro-Tem Miller made a motion and Councilmember Davis
seconded the motion to approve Ordinance No. 15-40 amending Specific Use Permit-
8 (SUP-8) for a Child Day Care Center, with the amended conceptual elevation, on
1.6± acres, located on the north side of Richland Boulevard, 300± feet west of Coit
Road. The motion was approved by a vote of 6-0.
11. Conduct a Public Hearing, and consider and act upon an amendment to
Planned Development-38 (PD-38), on 83.6± acres, located on the northeast
corner of US 380 and Coit Road. (Z15-0008). (JW)
Development Services Director John Webb presented this item before the Town
Council. The owner of the western-most tract of PD-38 desires to deviate from the
development plan established by PD-38 in order to develop a CVS Pharmacy at the
northeast corner of US 380 and Coit Road. Additionally, Town staff has initiated a
zoning change for the remainder of the PD which would require conceptual
development plans prior to the development of the remaining tracts. Notice was
provided to the other property owners within the PD.
Mayor Smith opened the Public Hearing.
Barry Knight, representing the owner of the subject tract, and the developer of CVS,
explained some of the details of the proposed PD, and stated that the original
development standards for PD-38 would be retained with the proposed PD
amendment and design of the CVS.
Douglas Mousel, 5400 Dallas Parkway, Frisco, spoke in favor of the development,
with the condition that the original development standards of the PD be retained. He
also inquired about the height restrictions for the development.
Item 4a
Page 6 of 10
The Town Council expressed concern about what the entire development will look
like, and wants to make sure that the design is consistent for the entire PD.
Concerns were also expressed with the proposed design, which would allow three
drive-through restaurants in a row on pad sites facing US 380.
Jim Williams, representing the property owners to the north and northeast, advised
against developing the corner site independent of the rest of the PD, and advised a
concept plan be submitted for the entire PD.
Matthew Kiran, representing the owner of the current property, stated that the original
PD was intended to develop in three phases, from west to east.
Mr. Knight stated that the intent of the proposal was to follow the original
development standards of PD-38, however, the site plan varies from the original PD.
The Town Council advised the applicant to return with a concept plan for the entire
PD, since the proposed site plan deviates significantly from the original PD. The
applicant requested that the item be tabled in order to make modifications to the
request.
After discussion, Deputy Mayor Pro-Tem Vogelsang made a motion and Mayor Pro-
Tem Miller seconded the motion to table Item 11 to the September 8, 2015, Town
Council meeting. The motion was approved by a vote of 6-0.
12. Conduct a Public Hearing, and consider and act upon a request to rezone 12.3±
acres, from Commercial (C) to Planned Development-Retail (PD-R), located on
the west side of Custer Road, 200± feet north of US 380. (Z15-0009). (JW)
Development Services Director John Webb presented this item before the Town
Council. Mr. Webb reviewed the proposed elevation, geotechnical study results, and
design elements of the proposed PD for a Lowe’s Home Improvement Center. Mr.
Webb discussed proposed options for outdoor storage and display, as well as
landscaping and screening. The Planning & Zoning Commission recommended
approval of the request with conditions. Town staff recommended approval, subject
to requirements for screening of open storage, foundation plantings, and landscaped
parking row islands. Mr. Webb responded to questions related to the tree line and
existing zoning on the north side of the property.
Mayor Smith opened the Public Hearing.
Bill Hanks, the owner of the site, spoke in favor of the project, stating that he is happy
with how the property is being developed and announced some potential future
additional businesses that will develop on the site. He feels comfortable with the level
of existing screening on the north side of the property.
Matthew Minton, design engineering director for Lowe’s, spoke in favor of the project,
and feels the design of the proposed Lowe’s on this property is unique, and unlike
other Lowe’s stores in the area. He emphasized some of the details of the proposal
that exceed the Town’s minimum development standards. The applicant agreed to
the request for landscaped parking row islands, but requested that the Town Council
Item 4a
Page 7 of 10
waive the requirement for screening of open storage on the north side of the building,
and the requirement for foundation trees.
Doug Mousel, representing property owners to the north and west of the site, spoke
in favor of the item, adding his approval of the screening along Custer Road. He
advised Council to require screening on the north side of the building.
With no one else speaking, Mayor Smith closed the Public Hearing.
After discussion, Mayor Pro-Tem Miller made a motion and Councilmember Korbuly
seconded the motion to approve a request to rezone 12.3± acres, from Commercial
(C) to Planned Development-Retail (PD-R), located on the west side of Custer Road,
200± feet north of US 380, subject to revising the PD to require the parking row
islands provide ground cover, grasses, shrubs, boulders, etc. in conjunction with
decomposed granite. The motion was approved by a vote of 5-1 with Councilmember
Dugger casting the opposing vote.
DEPARTMENT ITEMS:
Mayor Smith opened Item 13 and Item 14 concurrently.
13. Consider all matters incident and related to the issuance and sale of the Town
of Prosper, Texas General Obligation Refunding and Improvement Bonds,
Series 2015, including the adoption of an ordinance authorizing the issuance of
such Bonds, approving an Official Statement, a Bond Purchase Agreement, a
Paying Agent/Registrar Agreement, and an engagement letter of Bond Counsel.
(CD)
14. Consider all matters incident and related to the issuance and sale of the Town
of Prosper, Texas Combination Tax and Surplus Revenue Certificates of
Obligation, Series 2015, including the adoption of an ordinance authorizing the
issuance of such Certificates, approving an Official Statement, a Bond
Purchase Agreement, a Paying Agent/Registrar Agreement, and an engagement
letter of Bond Counsel. (CD)
Finance Director Cheryl Davenport introduced Jason Hughes of FirstSouthwest, the
Town’s Financial Advisor, who reviewed the terms of the sales of the General
Obligation Bonds and Certificates of Obligation.
After discussion, Deputy Mayor Pro-Tem Vogelsang made a motion and
Councilmember Davis Seconded the motion to adopt all matters incident and related
to the issuance and sale of the Town of Prosper, Texas General Obligation Refunding
and Improvement Bonds, Series 2015, including the adoption of Ordinance No. 15-41
authorizing the issuance of such Bonds, approving an Official Statement, a Bond
Purchase Agreement, a Paying Agent/Registrar Agreement, and an engagement
letter of Bond Counsel. The motion was approved by a vote of 6-0.
Councilmember Davis made a motion and Deputy Mayor Pro-Tem Vogelsang
seconded the motion to adopt all matters incident and related to the issuance and
sale of the Town of Prosper, Texas Combination Tax and Surplus Revenue
Certificates of Obligation, Series 2015, including the adoption of Ordinance No. 15-42
Item 4a
Page 8 of 10
authorizing the issuance of such Certificates, approving an Official Statement, a Bond
Purchase Agreement, a Paying Agent/Registrar Agreement, and an engagement
letter of Bond Counsel. The motion was approved by a vote of 6-0.
15. Consider and act upon approving a Guaranteed Maximum Price (GMP)
Amendment between Pogue Construction Co., L.P., and the Town of Prosper,
related to Construction Manager-At-Risk services for Prosper Fire Department
Station No. 2; and authorizing the Town Manager to execute same. (RT)
Fire Chief Ronnie Tucker presented this item before the Town Council. In March of
2014, the Town Council approved the standard form of agreement and related
documents with Pogue Construction Co., LP, for the Construction Manager-At-Risk
for Prosper Fire Station No. 2. In an effort to reduce costs, Pogue Construction
offered the Town value management options.
Deputy Mayor Pro-Tem Vogelsang made a motion and Councilmember Korbuly
seconded the motion to approve a Guaranteed Maximum Price (GMP) Amendment
between Pogue Construction Co., L.P., and the Town of Prosper, related to
Construction Manager-At-Risk services for Prosper Fire Department Station No. 2;
and authorizing the Town Manager to execute same. The motion was approved by a
vote of 6-0.
16. Consider and act upon an ordinance amending the FY 2014-2015 budget. (CD)
Finance Director Cheryl Davenport presented this item before the Town Council. The
budget amendment will account for a revenue increase associated with a Chapter
380 Agreement with Highland Homes, benefit payouts to the previous Finance
Director and Accounting Manager, and funding for the Windsong Ranch Fire Station,
and the Coleman Street – Prosper Trail to Preston Road project.
After discussion, Councilmember Korbuly made a motion and Councilmember Dugger
seconded the motion to adopt Ordinance No. 15-43 amending the FY 2014-2015
Budget to increase revenues, expenditures, and transfers out in the General Fund,
increase revenues and transfers in and out in the Special Revenue Fund (Escrows)
and increase revenues, transfers in, and expenditures in the CIP Fund, as outlined in
Exhibit “A” to the Budget Amendment Ordinance, amending the revenue for the
Chapter 380 Agreement from $15,000 to $32,000. The motion was approved by a
vote of 6-0.
17. Consider and act upon an amendment to the Capital Improvement Plan (CIP).
(MR)
Senior Engineer Matt Richardson presented this item before the Town Council. The
CIP Amendment reallocates budgets and funding sources for multiple projects in the
CIP. Mr. Richardson reviewed the list of amendments, and responded to the Town
Councils’ questions about specific projects, particularly related to Frontier Parkway.
Town Manager Harlan Jefferson elaborated on some of the reallocated funding
sources for the CIP projects, including impact fees and bond funds.
After discussion, Councilmember Dugger made a motion and Councilmember Korbuly
seconded the motion to approve an amendment to the Capital Improvement Plan.
Item 4a
Page 9 of 10
The motion was approved by a vote of 5-1, with Councilmember Davis casting the
opposing vote.
18. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
18a. Section 551.087 – To discuss and consider economic development
incentives.
18b. Section 551.072 – To discuss and consider purchase, exchange, lease or
value of real property for municipal purposes and all matters incident
and related thereto.
The Town Council recessed into Executive Session at 9:36 p.m.
19. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 9:56 p.m.
Mayor Pro-Tem Miller made a motion and Councilmember Dugger seconded the
motion to authorize the Town Manager to execute a 380 agreement with Elder Living
Partners, subject to the terms and conditions discussed in Executive Session. The
motion was approved by a vote of 6-0.
20. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing
the Town Attorney to bring a condemnation action for the purpose of obtaining
right-of-way and drainage easements, consisting of approximately 4 acres of
property, situated generally in the Spencer Rice Survey, Tract 4, Town of
Prosper, Collin County, Texas, necessary for the construction of the Coleman
Road, Phase II project, and for other public purposes permitted by law. (MR)
Senior Engineer Matt Richardson presented this item before the Town Council. Town
staff has been unable to reach an agreement with the property owner to acquire the
property. The proposed resolution would give the Town authority to pursue eminent
domain on any right-of-way and easements not dedicated for the Coleman Street
Project. Mr. Richardson responded to questions from the Town Council on the
Coleman Street expansion project.
After discussion, Deputy Mayor Pro-Tem Vogelsang made a motion and
Councilmember Korbuly seconded the motion to adopt Resolution No. 15-44
authorizing the Town Attorney to bring a condemnation action for the purpose of
obtaining right-of-way and drainage easements, consisting of approximately 4 acres
of property, situated generally in the Spencer Rice Survey, Tract 4, Town of Prosper,
Collin County, Texas, necessary for the construction of the Coleman Road, Phase II
project, and for other public purposes permitted by law. The motion was approved by
a vote of 6-0.
Item 4a
Page 10 of 10
21. Possibly direct Town staff to schedule topic(s) for discussion at a future
meeting.
CIP Projects (HW)
Councilmember Korbuly requested regular updates on road projects. Mr.
Richardson responded that Town staff is working on improvements to the
website that would provide up-to-date information on road closures and road
projects.
The Town Council reported that some of the recently-planted trees on Preston
Road had fallen down during the recent storms. Staff was directed to follow
up to see if the trees can be staked at the time they are planted.
Mr. Jefferson reported that preconstruction meetings for the West Prosper
Road Improvements project will be scheduled for July 30 or 31.
Councilmember Davis requested that an Executive Session item be added to
the agenda for the next Council meeting related to the Code of Ethics.
22. Adjourn.
The meeting was adjourned at 10:05 p.m.
These minutes approved on the 28th day of July, 2015.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Item 4a
Page 1 of 1
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 28, 2015
Agenda Item:
Consider and act upon an ordinance rezoning 12.3± acres, from Commercial (C) to Planned
Development-Retail (PD-R), located on the west side of Custer Road, 200± feet north of US
380. (Z15-0009).
Description of Agenda Item:
On July 14, 2015, the Town Council approved zoning case Z15-0009, by a vote of 5-1, subject
to revising the PD to require the parking row islands provide ground cover, grasses, shrubs,
boulders, etc., in conjunction with decomposed granite. Town staff has prepared an ordinance
rezoning the property.
Legal Obligations and Review:
Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving
a zoning request and adopting an ordinance rezoning property. A public hearing has been held
and the Town Council approved the zoning case. The attached ordinance is a standard format
that was previously approved by the Town Attorney, Terrence Welch of Brown & Hofmeister,
L.L.P.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Town staff recommends that the Town Council adopt an ordinance rezoning 12.3± acres, from
Commercial (C) to Planned Development-Retail (PD-R), located on the west side of Custer
Road, 200± feet north of US 380.
Proposed Motion:
I move to adopt an ordinance rezoning 12.3± acres, from Commercial (C) to Planned
Development-Retail (PD-R), located on the west side of Custer Road, 200± feet north of US
380.
Prosper is a place where everyone matters.
PLANNING
Item 4b
TOWN OF PROSPER, TEXAS ORDINANCE NO. 15-__
AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 12.34 ACRES, MORE OR
LESS, SITUATED IN THE JEREMIAH HORN SURVEY, ABSTRACT NO. 411,
IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE
ZONED COMMERCIAL (C) IS HEREBY REZONED AND PLACED IN THE
ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-RETAIL (PD-R);
DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVING 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 (the “Town Council”) has
investigated and determined that Zoning Ordinance No. 05-20 should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Lowe’s
Home Centers, LLC. (“Applicant”) to rezone 12.34 acres of land, more or less, situated in the
Jeremiah Horn Survey, Abstract No. 411, in the Town of Prosper, Collin County, Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all
other requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property 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
Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended
as follows: The zoning designation of the below-described property containing 12.34 acres of
land, more or less, situated in the Jeremiah Horn Survey, Abstract No. 411, in the Town of
Prosper, Collin County, Texas, (the “Property”) and all streets, roads and alleyways contiguous
and/or adjacent thereto is hereby rezoned as Planned Development-Retail (PD-R). The
property as a whole and the boundaries for each zoning classification are more particularly
described in Exhibit “A” attached hereto and incorporated herein for all purposes as if set forth
verbatim.
Item 4b
Ordinance No. 15-__, Page 2
The development plans, standards, and uses for the Property in this Planned Development
District shall conform to, and comply with 1) the statement of intent and purpose, attached
hereto as Exhibit “B”; 2) the planned development standards, attached hereto as Exhibit “C”; 3)
the concept plan, attached hereto as Exhibit “D”; 4) the development schedule, attached hereto
as Exhibit “E”; 5) the conceptual elevations, attached hereto as Exhibit “F”, and 6) the
conceptual landscape plan, attached hereto as Exhibit “G”, which are incorporated herein for all
purposes as if set forth verbatim, subject to the following condition of approval by the Town
Council:
1. The parking row islands shall provide ground cover, grasses, shrubs, boulders, etc., in
conjunction with decomposed granite.
Except as amended by this Ordinance, the development of the Property within this Planned
Development District must comply with the requirements of all ordinances, rules, and
regulations of Prosper, as they currently exist or may be amended.
Three original, official and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original
records and shall not be changed in any matter.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
Written notice of any amendment to this District shall be sent to all owners of properties
within the District as well as all properties within two hundred feet (200’) of the District to be
amended.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a
Item 4b
Ordinance No. 15-__, Page 3
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 6
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 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 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 to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 28TH DAY OF JULY, 2015.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 4b
Item 4b
Item 4b
-Exhibit B-
Statement of Intent & Purpose
The Applicant intends to develop a home improvement store along with a garden center. A
Kohl’s Department Store was originally planned on the property along with a 25,000 sf retail
development. Most of the existing infrastructure has been constructed. The proposed home
improvement building is currently planned to be approximately 112,000 square feet along with a
28,000 square feet garden center. In addition to the home improvement store, the plan is to
develop a 1.33 acre outparcel in the existing parking lot. The outparcel building is currently
planned to be restaurant and retail with approximately 8,500 square feet.
Item 4b
1
1196660.3
-Exhibit C-
Planned Development Standards
Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance:
Except as otherwise set forth in these Development Standards, the regulations of the Town’s
Zoning Ordinance (Ordinance No. 05-20 as it exists or may be amended) and the Subdivision
Ordinance (as it exists or may be amended) shall apply.
Tract A Retail District
A.1 Except as noted below, the Tract shall develop in accordance with the Retail District, as it
exists or may be amended.
A.2 Development Plans
1. Concept Plan: Development shall be in conformance with the attached concept plan,
set forth in Exhibit D.
2. Elevations: Development shall be in conformance with the attached elevations, set
forth in Exhibit F.
3. Landscape Plan: Development shall be in conformance with the attached landscape
plan, set forth in Exhibit G.
A.3 Uses. Uses shall be permitted in accordance with the Retail District. A big box retail
building including a home improvement store with a garden center is a permitted use.
The following uses shall be prohibited:
1. Athletic Stadium or Field, Private
2. Athletic Stadium or Field, Public
3. Cemetery/Mausoleum
4. Commercial Amusement, Outdoor
5. Recycling Collection Point
6. School District Bus Yard
7. Sewage Treatment Plant/Pumping Station
8. Trailer Rental
9. Utility Distribution/Transmission Facility
10. Water Treatment Plant
A.4 Regulations
1. Custer Road
a. Tree plantings shall be provided at minimum rate of one tree of a minimum four (4)
inch caliper (at the time of planting) per thirty (30) lineal feet.
b. Shrub plantings shall be provided at a minimum rate of 25 shrub plantings per thirty
(30) lineal feet which shall be a minimum of five (5) gallon shrubs (at the time of
planting).
c. Primary screening within the landscape buffer shall be provided by Eastern Red
Cedars, or a similar species as approved by the Town’s Landscape Architecture,
spaced on six-foot centers, a minimum 6 feet in height at the time of planting full
to the ground, to screen the outdoor sales, storage and display areas.
Item 4b
2
1196660.3
d. A continuous split-rail fence shall be provided.
e. A berm of a minimum height of three (3) feet shall be provided within the landscape
buffer to provide additional screening of the outdoor sales, storage and display
areas.
f. Trees may be grouped or clustered together to provide additional screening as an
alternative to planting all at a specific distance between trees.
2. All landscaping and the perimeter berm along Custer Road shall be installed prior to
the issuance of a certificate of occupancy (CO) for the home improvement store.
3. Parking: Retail parking shall be 1 space per 400 square feet, inclusive of the garden
center.
4. Outdoor sales, display and storage: Shall be permitted but limited to a big box and
subject to the following conditions:
a. Shall be located in the locations identified on Exhibit D.
b. Shall not block or impair sidewalks, ADA access, doorways or fire lanes.
5. Foundation landscape requirements of the Zoning Ordinance shall not apply.
6. Cart corrals shall be ornamental metal fence.
7. Lots shall have a frontage onto a public street or a common public access drive. The
common public access drives shall be dedicated as a public access, fire lane and utility
easement.
8. Screening wall requirements of the Zoning Ordinance for loading and service areas
shall not apply.
9. Open storage screening requirements of the Zoning Ordinance shall not apply to open
storage on north side of the building.
10. Interior landscaped island requirements of the Zoning Ordinance (no more than fifteen
parking spaces permitted in a continuous row without being interrupted by a
landscaped island) shall not apply to parking area on east side of the building in
conjunction with outdoor sales, storage and display area.
11. Vegetative landscape requirements for interior parking row islands of the Zoning
Ordinance shall not apply.
Tract B Retail District
B.1 Except as noted below, the Tract shall develop in accordance with the Retail District, as it
exists or may be amended.
B.2 Development Plans
1. Concept Plan: Development shall be in conformance with the attached concept plan,
set forth in Exhibit D.
Item 4b
3
1196660.3
B.3 Uses. Uses shall be permitted in accordance with the Retail District with the exception
of the following uses which shall be prohibited:
1. Athletic Stadium or Field, Private
2. Athletic Stadium or Field, Public
3. Cemetery/Mausoleum
4. Commercial Amusement, Outdoor
5. Recycling Collection Point
6. School District Bus Yard
7. Sewage Treatment Plant/Pumping Station
8. Trailer Rental
9. Utility Distribution/Transmission Facility
10. Water Treatment Plant
B.4 Regulations
1. A drive-through landscape island shall be a minimum of nine feet wide.
2. Tree plantings shall be provided at minimum rate of one tree of a minimum four (4)
inch caliper (at the time of planting) per thirty (30) lineal feet along Custer Road.
3. Dumpster gates facing right-of-way requirements of the Zoning Ordinance shall be
permitted with landscape screening primarily by Eastern Red Cedars, or a similar
species as approved by the Town’s Landscape Architecture, spaced on six-foot
centers, a minimum 6 feet in height at the time of planting full to the ground.
Item 4b
PROJECTLOCATIONTOWN OFPROSPERCITY OFMCKINNEY CITY SITE PLAN NOTES GENERAL NOTESLOT NUMBERTRACT APROPOSED ZONINGPD - RETAILLOT AREA (AC)11.01BUILDING AREA (SF)111,234BUILDING HEIGHT (FT)38'LOT COVERAGE28.97%FLOOR AREA RATIO29TOTAL PARKING REQUIRED348TOTAL PARKING PROVIDED355HC PARKING REQUIRED8HC PARKING PROVIDED9INTERIOR LANDSCAPING PROVIDED (SF)8,549OPEN SPACE PROVIDED (SF)76,031TOTAL LANDSCAPING AREA (SF)84,580EXISTING ZONINGC - COMMERCIALPROPOSED ZONINGPLANNED DEVELOPMENT RETAILTOTAL GROSS11.01TOTAL NET11.01FUTURE LAND USE PLAN DESIGNATIONUS 380 DISTRICTDRAWING NUMBER:CHECKED BY:DRAWN BY:PROJECT No:DESCRIPTIONPRE-BID SETREVISIONSPOST BID SETISSUE DATEISSUE DATEDATER
R
LOWE'S OF:
PROSPER, TEXAS
DMKTDG14-1500-05
PROSPER CITY OFMCKINNEYCITY OFMCKINNEYEXHIBIT D1 - LOWE'S
SITE PLAN GARDEN CENTER AREA (SF)27,720TOTAL BUILDING AREA (SF)138,954BUILDING WITH GARDEN 1:400IMPERVIOUS SURFACE AREA (SF)395,016LOT NUMBERTRACT BPROPOSED ZONINGPD - RETAILLOT AREA (AC)1.33RESTAURANT AREA (SF)4,500BUILDING HEIGHT (FT)30'LOT COVERAGE14.67%FLOOR AREA RATIO15TOTAL PARKING REQUIRED61TOTAL PARKING PROVIDED63HC PARKING REQUIRED3HC PARKING PROVIDED3INTERIOR LANDSCAPING PROVIDED (SF)2,366OPEN SPACE PROVIDED (SF)7,913TOTAL LANDSCAPING AREA (SF)10,279EXISTING ZONINGC - COMMERCIALPROPOSED ZONINGPLANNED DEVELOPMENT RETAILTOTAL GROSS1.33TOTAL NET1.33FUTURE LAND USE PLAN DESIGNATIONRETAIL AREA (SF)4,000TOTAL BUILDING AREA (SF)8,500RESTAURANT PARKING RATIO1:100RETAIL PARKING RATIO1:250IMPERVIOUS SURFACE AREA (SF)47,656PROPOSED LOWE'SPROPOSED OUTLOT LOWE'S HOME CENTERS, LLC1605 CURTIS BRIDGE ROADWILKESBORO, NC 28697(336) 658-4000ROSEBRIAR HOLDINGS, INC.P.O. BOX 541208DALLAS, TX 75354(214) 902-2287CROSSPOINT ENGINEERING, LLC5620 OLD BULLARD ROAD, SUITE 130TYLER, TX 75703(903) 705-4416PROSPER PLAZAJEREMIAH HORN SURVEYABSTRACT NO. 411EXHIBIT D1Z15-0009US 380 DISTRICTEXISTING ZONINGC - COMMERCIALEXISTING ZONINGC - COMMERCIAL0601201801" = 60'30LEGENDFIRE LANE PER PLATOUTDOOR SALES, STORAGE AND DISPLAY AREA ENHANCED LANDSCAPE SCREENING FORGARDEN CENTER, LOADING DOCK ANDOUTDOOR REAR STAGING AREALOWE'S CART CORRALOUTDOOR SALES AND DISPLAY AREA CENTER PARKING RATIOWHEEL STOPD1BUY ON-LINE PICK-UP IN STOREBOPUISTOTAL PARKING PROVIDED INCLUDINGOUTDOOR SALES AND STORAGE AREA400Item 4b
PROJECTLOCATIONCITY OFPROSPERCITY OFMCKINNEY01002003001" = 100'50LEGENDFIRE LANE PER PLATDRAWING NUMBER:CHECKED BY:DRAWN BY:PROJECT No:DESCRIPTIONPRE-BID SETREVISIONSPOST BID SETISSUE DATEISSUE DATEDATER
R
LOWE'S OF:
PROSPER, TEXAS
DMKTDG14-1500-05
PROSPER CITY OFMCKINNEYCITY OFMCKINNEYEXHIBIT D2 - OVERALL
SITE PLAN LOWE'S HOME CENTERS, LLC1605 CURTIS BRIDGE ROADWILKESBORO, NC 28697(336) 658-4000ROSEBRIAR HOLDINGS, INC.P.O. BOX 541208DALLAS, TX 75354(214) 902-2287CROSSPOINT ENGINEERING, LLC5620 OLD BULLARD ROAD, SUITE 130TYLER, TX 75703(903) 705-4416PROSPER PLAZAJEREMIAH HORN SURVEYABSTRACT NO. 411EXHIBIT D2Z15-0009 CITY SITE PLAN NOTES GENERAL NOTESLOT NUMBERTRACT APROPOSED ZONINGPD - RETAILLOT AREA (AC)11.01BUILDING AREA (SF)111,234BUILDING HEIGHT (FT)30'LOT COVERAGE28.97%FLOOR AREA RATIO29EXISTING ZONINGC - COMMERCIALPROPOSED ZONINGPLANNED DEVELOPMENT RETAILTOTAL GROSS11.01TOTAL NET11.01FUTURE LAND USE PLAN DESIGNATIONUS 380 DISTRICTGARDEN CENTER AREA (SF)27,720TOTAL BUILDING AREA (SF)138,954LOT NUMBERTRACT BPROPOSED ZONINGPD - RETAILLOT AREA (AC)1.33RESTAURANT AREA (SF)4,500BUILDING HEIGHT (FT)30'LOT COVERAGE14.67%FLOOR AREA RATIO15TOTAL PARKING REQUIRED61TOTAL PARKING PROVIDED63HC PARKING REQUIRED3HC PARKING PROVIDED3INTERIOR LANDSCAPING PROVIDED (SF)OPEN SPACE PROVIDED (SF)TOTAL LANDSCAPING AREA (SF)EXISTING ZONINGC - COMMERCIALPROPOSED ZONINGPLANNED DEVELOPMENT RETAILTOTAL GROSS1.33TOTAL NET1.33FUTURE LAND USE PLAN DESIGNATIONRETAIL AREA (SF)4,000TOTAL BUILDING AREA (SF)8,500RESTAURANT PARKING RATIO1:100RETAIL PARKING RATIO1:250IMPERVIOUS SURFACE AREA (SF)PROPOSED LOWE'SPROPOSED OUTLOT US 380 DISTRICTEXISTING ZONINGC - COMMERCIALEXISTING ZONINGC - COMMERCIALD22,3667,91310,27947,656TOTAL PARKING REQUIRED348TOTAL PARKING PROVIDED355HC PARKING REQUIRED8HC PARKING PROVIDED9INTERIOR LANDSCAPING PROVIDED (SF)8,549OPEN SPACE PROVIDED (SF)76,031TOTAL LANDSCAPING AREA (SF)84,580BUILDING WITH GARDEN 1:400IMPERVIOUS SURFACE AREA (SF)395,016CENTER PARKING RATIOTOTAL PARKING PROVIDED INCLUDINGOUTDOOR SALES AND STORAGE AREA400Item 4b
-Exhibit E-
Development Schedule
The development of this project is dependent upon market conditions. Currently the project is
expected to be completed by the end of 2017.
Item 4b
Item 4b
BUFFALO SOLID SOD
OR HYDROMULCH, TYP.
EXISTING TREE
TO REMAIN, TYP.
1
CM
EXISTING SHRUBS
TO REMAIN, TYP.10'-4"12'-2"
4
CP
10
LO
17
GM
33
SY
49
ERC
33
RY
60
WM
61
TS
44
BAR
50
DFG
52
AS
42
FA
35
TL
125
GL
11
AB
85
MG
32
LOR
18'-6"
18'-11"
6
MS
DRAWING NUMBER:CHECKED BY:DRAWN BY:PROJECT No:DESCRIPTION
PRE-BID SET
REVISIONS
POST BID SET
ISSUE DATEISSUE DATE
DATE
RRLOWE'S OF:PROSPER, TEXASAWRAWR14-1500-05PROSPERSTA
TE O F T E XAS572 4AMANARIC
H
DW .ARDSON3.12.15
a W R
AWR Designs, LLC
10321 Bradshaw Drive
Fort Worth, Texas 76108
awr.designs@mail.com
o. 682.708.8048
c. 512.517.5589
Know what's
R
GRAPHIC SCALE
FEET06030
Scale 1"=30' - 0"
MATCHLINE: REF. 1/L2.02
L2.01LANDSCAPE PLANGENERAL LAWN NOTES
EROSION CONTROL AND SOIL PREPARATION:
THE CONTRACTOR IS RESPONSIBLE FOR MAINTAINING TOP SOIL AT THE
CORRECT GRADES. CONTRACTOR TO FINE GRADE AREAS TO REACH FINAL
CONTOURS AS SPECIFIED PER CIVIL PLANS. ALL CONTOURS SHOULD ACHIEVE
POSITIVE DRAINAGE AWAY FROM BUILDINGS AND STRUCTURES. WATER SHOULD
NOT BE ABLE TO POOL IN ANY AREAS UNLESS SPECIFIED OTHERWISE. EROSION
FABRIC SUCH AS JUTE MATTING OR OPEN WEAVE TO BE USED WHERE
NECESSARY TO PREVENT SOIL EROSION.
ANY LOSS OF TOPSOIL OR GRASS DUE TO EROSION IS THE RESPONSIBILITY OF
THE CONTRACTOR UNTIL IT IS 100% ESTABLISHED.
CONTRACTOR TO REMOVE ANY ROCKS 3/4" AND LARGER, STICKS AND DEBRIS
PRIOR TO INSTALLATION OF TOPSOIL AND SOD.
FOUR (4") OF TOPSOIL SHALL BE APPLIED TO AREAS DISTURBED BY
CONSTRUCTION RECEIVING SOD. IF TOPSOIL IS NOT AVAILABLE ON SITE, THE
CONTRACTOR SHALL PROVIDE TOPSOIL AS APPROVED BY THE OWNER OR
OWNERS REPRESENTATIVE.
TOPSOIL SHALL BE FRIABLE, NATURAL LOAM, FREE OF ROCKS, WEEDS, BRUSH,
CLAY LUMPS, ROOTS, TWIGS, LITTER AND ENVIRONMENTAL CONTAMINANTS.
CONTRACTOR SHALL BE RESPONSIBLE FOR SOD UNTIL ACCEPTANCE. THIS
SHALL INCLUDE, BUT NOT BE LIMITED TO: MOWING, WATERING, WEEDING,
CULTIVATING, CLEANING AND REPLACING DEAD OR BARE AREAS TO KEEP
PLANTS IN A VIGOROUS, HEALTHY CONDITION. SOD SHALL BE REPLACED IF
NECESSARY.
SOLID SOD:
SOLID SOD SHALL BE PLACED ALONG ALL IMPERVIOUS EDGES, AT A MINIMUM.
THIS SHALL INCLUDE CURBS, WALKS, INLETS, MANHOLES AND PLANTING BED
AREAS. SOD SHALL COVER OTHER AREAS COMPLETELY AS INDICATED BY PLAN.
SOD SHALL BE STRONGLY ROOTED DROUGHT RESISTANT SOD, NOT LESS THAN
2 YEARS OLD, FREE OF WEEDS AND UNDESIRABLE NATIVE GRASS AND MACHINE
CUT TO PAD THICKNESS OF 3/4" (+1/4"), EXCLUDING TOP GROWTH AND THATCH.
PROVIDE ONLY SOD CAPABLE OF VIGOROUS GROWTH AND DEVELOPMENT
WHEN PLANTED.
DO NOT INSTALL SOD IF IT IS DORMANT OR GROUND IS FROZEN. LAY SOD WITH
TIGHTLY FITTING JOINTS, NO OVERLAPS WITH STAGGERED STRIPS TO OFFSET
JOINTS.
SOD SHALL BE ROLLED TO CREATE A SMOOTH EVEN SURFACE. SOD SHOULD BE
WATERED THOROUGHLY DURING INSTALLATION PROCESS.
SHOULD INSTALLATION OCCUR BETWEEN OCTOBER 1ST AND MARCH 1ST, SOD
SHALL INCLUDE AN OVER-SEED OF ANNUAL RYE OR WINTER RYEGRASS AT A
RATE OF FOUR POUNDS PER ONE THOUSAND SQUARE FEET FOR A GROWN-IN
APPEARANCE. CONTRACTOR SHALL ENSURE CONFORMANCE TO 115.D OF
TITLE 7, PART XXIX, HORTICULTURE COMMISSION CHAPTER 1.
HYDROMULCH:
SCARIFY SURFACE TO A MINIMUM OF 2" DEPTH PRIOR TO THE IMPORT
TOPSOIL APPLICATION. TOP SOIL SHALL BE PLACED 2" IN DEPTH IN ALL
AREAS TO BE SEEDED. CONTRACTOR TO SUPPLY HIGH QUALITY IMPORTED
TOPSOIL HIGH IN HUMAS AND ORGANIC CONTENT FROM A LOCAL SUPPLY.
IMPORTED TOPSOIL SHALL BE REASONABLY FREE OF CLAY LUMPS, COARSE
SANDS, STONES, ROOTS AND OTHER FOREIGN DEBRIS.
IF INADEQUATE MOISTURE IS PRESENT IN SOIL, APPLY WATER AS
NECESSARY FOR OPTIMUM MOISTURE FOR SEED APPLICATION.
ALL SEED SHALL BE HIGH QUALITY, TREATED LAWN TYPE SEED AND IS FREE
OF NOXIOUS GRASS SEEDS. THE SEED APPLICATION SHALL BE UNIFORMLY
DISTRIBUTED ON THE AREAS INDICATED ON PLANS. HYDROMULCH WITH
BERMUDA GRASS SEED AT A RATE OF TWO POUNDS PER ONE THOUSAND
SQUARE FEET.
IF INSTALLATION OCCURS BETWEEN OCTOBER 1ST AND APRIL 1ST, ALL
HYDORMULCH AREAS SHALL BE OVER-SEEDED WITH ANNUAL RYE GRASS AT
A RATE OF FOUR POUNDS PER ONE THOUSAND SQUARE FEET. CONTRACTOR
TO RE-HYDROMULCH WITH BERMUDA GRASS AT THE END OF THE ANNUAL
RYE GROWING SEASON.
AFTER APPLICATION, NO EQUIPMENT SHALL OPERATE OVER APPLIED AREAS.
WATER SEEDED AREAS IMMEDIATELY AFTER INSTALLATION TO SATURATION.
ALL LAWN AREAS TO BE HYDROMULCHED SHALL ACHIEVE 100% COVERAGE
PRIOR TO FINAL ACCEPTANCE.
LANDSCAPE NOTES
REFERENCE SITEWORK AND SPECIFICATIONS FOR INFORMATION NEEDED FOR
LANDSCAPE WORK.
CONTRACTOR TO VERIFY AND LOCATE ALL PROPOSED AND EXISTING
STRUCTURES. NOTIFY LANDSCAPE ARCHITECT OR DESIGNATED
REPRESENTATIVE FOR ANY LAYOUT DISCREPANCIES OR ANY CONDITION THAT
WOULD PROHIBIT THE INSTALLATION AS SHOWN.
CONTRACTOR SHALL CALL 811 TO VERIFY AND LOCATE ANY AND ALL UTILITIES
ON SITE PRIOR TO COMMENCING WORK. LANDSCAPE ARCHITECT SHOULD BE
NOTIFIED OF ANY CONFLICTS.
A MINIMUM OF 2% SLOPE SHALL BE PROVIDED AWAY FROM ALL STRUCTURES.
LANDSCAPE ISLANDS SHALL BE CROWNED, AND UNIFORM THROUGHOUT THE
SITE.
ALL PLANTING AREAS SHALL BE GRADED SMOOTH TO ACHIEVE FINAL
CONTOURS AS INDICATED ON PLAN WITH 3" OF TOPSOIL AND 3" OF COMPOST
AND CONSISTENTLY BLENDED TO A DEPTH OF 9". ALL BEDS SHALL BE CROWNED
TO ANTICIPATE SETTLEMENT AND ENSURE PROPER DRAINAGE.
PLANTING AREAS AND SOD TO BE SEPARATED BY STEEL EDGING. EDGING TO
BE GREEN IN COLOR AND A MINIMUM OF 3/16" THICK. EDGING SHALL BE
STAKED FROM THE INSIDE OF BED. EDGING NOT TO BE MORE THAN 1/2" ABOVE
FINISHED GRADE.
MULCH SHALL BE INSTALLED AT 1/2" BELOW THE TOPS OF SIDEWALKS AND
CURBING.
QUANTITIES ON THESE PLANS ARE FOR REFERENCE ONLY. THE SPACING OF
PLANTS SHOULD BE AS INDICATED ON PLANS OR OTHERWISE NOTED. ALL
TREES AND SHRUBS SHALL BE PLANTED PER DETAILS.
CONTAINER GROWN PLANT MATERIAL IS PREFERRED HOWEVER BALL AND
BURLAP PLANT MATERIAL CAN BE SUBSTITUTED IF NEED BE AND IS
APPROPRIATE TO THE SIZE AND QUALITY INDICATED ON THE PLANT MATERIAL
LIST.
TREES SHALL BE PLANTED AT A MINIMUM OF 5' FROM ANY UTILITY LINE,
SIDEWALK OR CURB. TREES SHALL ALSO BE 10' CLEAR FROM FIRE HYDRANTS.
4" OF SHREDDED HARDWOOD MULCH (2" SETTLED THICKNESS) SHALL BE
PLACED OVER 4.1 OZ WOVEN, WEED BARRIER FABRIC OR APPROVED EQUAL.
WEED BARRIER FABRIC SHALL BE USED IN PLANT BEDS AND AROUND ALL TREES
AND SHALL BE DE WITT 'WEED BARRIER' OR APPROVED EQUAL. MULCH SHALL
BE SHREDDED BARK OR RUBBER LANDSCAPE MULCH, PINE STRAW MULCH IS
PROHIBITED.
CONTRACTOR TO PROVIDE UNIT PRICING OF LANDSCAPE MATERIALS AND BE
RESPONSIBLE FOR OBTAINING ALL LANDSCAPE AND IRRIGATION PERMITS.
IRRIGATION:
IN THE ABSENCE OF AN IRRIGATION SYSTEM OR AREAS BEYOND THE COVERAGE
LIMITS OF A PERMANENT IRRIGATION SYSTEM, CONTRACTOR SHALL WATER SOD
TEMPORARILY, BY ANY MEANS AVAILABLE, TO DEVELOP ADEQUATE GROWTH.
TURF SHALL BE IN 100% ESTABLISHMENT AT THE TIME OF ACCEPTANCE.
ALL PLANTING BEDS SHALL HAVE AN AUTOMATIC IRRIGATION SYSTEM WITH A
FREEZE/RAIN SENSOR. SYSTEM SHALL ALSO HAVE AN ET WEATHER BASED
CONTROLLER AND BE DESIGNED AND INSTALLED BY A LICENSED IRRIGATOR.
MAINTENANCE REQUIREMENTS:
VEGETATION SHOULD BE INSPECTED REGULARLY TO ENSURE THAT PLANT
MATERIAL IS ESTABLISHING PROPERLY AND REMAINS IN A HEALTHY
GROWING CONDITION APPROPRIATE FOR THE SEASON. IF DAMAGED OR
REMOVED, PLANTS MUST BE REPLACED BY A SIMILAR VARIETY AND SIZE.
MOWING, TRIMMING, EDGING AND SUPERVISION OF WATER APPLICATIONS
SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR UNTIL THE OWNER OR
OWNER'S REPRESENTATIVE ACCEPTS AND ASSUMES REGULAR
MAINTENANCE.
ALL LANDSCAPE AREAS SHOULD BE CLEANED AND KEPT FREE OF TRASH,
DEBRIS, WEEDS AND OTHER MATERIAL.
MISCELLANEOUS MATERIALS:
STEEL EDGING SHALL BE 3/16" X 4 X 16' DARK GREEN DURAEDGE STEEL
LANDSCAPE EDGING.
TOWN OF PROSPER LANDSCAPE GENERAL NOTES
1. PLANT MATERIAL SHALL BE MEASURED AND SIZED ACCORDING TO THE
LATEST EDITION OF THE TEXAS NURSERY AND LANDSCAPE ASSOCIATION
(TNLA) SPECIFICATIONS, GRADES AND STANDARDS.
2. ALL PLANT SUBSTITUTIONS ARE SUBJECT TO TOWN APPROVAL AND MUST BE
SPECIFIED ON THE APPROVED LANDSCAPE PLAN.
3. GROUND COVERS IN LIEU OF TURF GRASS MUST PROVIDE COMPLETE
COVERAGE WITHIN ONE YEAR OF PLANTING AND MAINTAIN ADEQUATE
COVERAGE AS APPROVED BY THE TOWN.
4. TREES MUST BE PLANTED FOUR FEET OR GREATER FROM CURBS,
SIDEWALKS, UTILITY LINES, SCREENING WALLS AND OR OTHER STRUCTURES.
THE TOWN HAS FINAL APPROVAL FOR ALL TREE PLACEMENTS.
5. TREE PITS SHALL HAVE ROUGHENED SIDES AND BE TWO TO THREE TIMES
WIDER THAN THE ROOT BALL OF THE TREE IN ORDER TO FACILITATE HEALTHY
ROOT GROWTH.
6. TREE PITS SHALL BE TESTED FOR WATER PERCOLATION. IF WATER DOES NOT
DRAIN OUT OF PIT WITHIN A 24 HOUR PERIOD, THE CONTRACTOR SHALL
PROVIDE BERMING OR DEVISE ALTERNATIVE DRAINAGE.
7. TREES SHALL NOT BE PLANTED DEEPER THAN THE BASE OF THE TRUNK
FLARE.
8. THE TREE PIT SHALL BE BACKFILLED WITH NATIVE TOPSOIL FREE OF ROCK
AND OTHER DEBRIS.
9. BURLAP, TWINE AND WIRE BASKETS SHALL BE LOOSENED AND PULLED BACK
FROM TRUNK OF TREE AS MUCH AS POSSIBLE.
10. TREES SHALL NOT BE WATERED TO EXCESS THAT RESULTS IN SOIL
SATURATION. IF SOIL BECOMES SATURATED, THE WATERING SCHEDULE
SHALL BE ADJUSTED TO ALLOW FOR DRAINAGE AND ABSORPTION OF THE
EXCESS WATER.
11. A 3-4" LAYER OF MULCH SHALL BE PROVIDED AROUND THE BASE OF THE
PLANTED TREE. THE MULCH SHALL BE PULLED BACK 1-2" FROM THE TRUNK
OF THE TREE.
12. NO PERSON(S) OR ENTITY MAY USE IMPROPER OR MALICIOUS MAINTENANCE
OR PRUNING TECHNIQUES WHICH WOULD LIKELY LEAD TO THE DEATH OF
THE TREE. IMPROPER OR MALICIOUS TECHNIQUES INCLUDE, BUT ARE NOT
LIMITED TO, TOPPING OR OTHER UNSYMMETRICAL TRIMMING OF TREES,
TRIMMING TREES WITH BACKHOE, OR USE OF FIRE OR POISON TO CAUSE
DEATH OF A TREE.
13. TOPSOIL SHALL BE A MINIMUM OF 8" IN DEPTH IN PLANTING AREAS. SOIL
SHALL BE FREE OF STONES, ROOTS AND CLODS AND ANY OTHER FOREIGN
MATERIAL THAT IS NOT BENEFICIAL TO PLANT GROWN.
14. ALL PLANT BEDS SHALL BE TOP-DRESSED WITH A MINIMUM OF 3" OF MULCH.
15. TREES OVERHANGING WALKS AND PARKING SHALL HAVE A MINIMUM CLEAR
TRUNK HEIGHT OF 7'. TREES OVERHANGING PUBLIC STREET PAVEMENT DRIVE
AISLES AND FIRE LANES SHALL HAVE A MINIMUM CLEAR TRUNK HEIGHT OF 14'.
16. A VISIBILITY TRIANGLE MUST BE PROVIDED AT ALL INTERSECTIONS, WHERE
SHRUBS ARE NOT TO EXCEED 30" IN HEIGHT AND TREES SHALL HAVE A
MINIMUM CLEAR TRUNK HEIGHT OF 9'.
17. TREES PLANTED ON A SLOPE SHALL HAVE THE TREE WELL AT THE AVERAGE
GRADE OF SLOPE.
18. NO SHRUBS SHALL BE PERMITTED WITHIN AREAS LESS THAN 3' IN WIDTH. ALL
BEDS LESS THAN 3' IN WIDTH SHALL BE GRASS, GROUNDCOVER OR SOME
TYPE OF FIXED PAVING.
19. THE OWNER, TENANT, AND/OR THEIR AGENTS, IF ANY, SHALL BE JOINTLY AND
SEVERALLY RESPONSIBLE FOR THE MAINTENANCE, ESTABLISHMENT, AND
PERMANENCE OF PLANT MATERIAL. ALL LANDSCAPING SHALL BE MAINTAINED
IN A NEAT AND ORDERLY MANNER AT ALL TIMES. THIS SHALL INCLUDE, BUT
NOT LIMITED TO MOWING, EDGING, PRUNING, FERTILIZING, WATERING, AND
OTHER ACTIVITIES NECESSARY FOR THE MAINTENANCE OF LANDSCAPED
AREAS.
20. ALL PLANT MATERIALS SHALL BE MAINTAINED IN A HEALTHY AND GROWING
CONDITION AS IS APPROPRIATE FOR THE SEASON OF THE YEAR. PLANT
MATERIAL THAT IS DAMAGED, DESTROYED OR REMOVED SHALL BE REPLACED
WITH PLANT MATERIAL OF SIMILAR SIZE AND VARIETY WITHIN 30 DAYS UNLESS
OTHERWISE APPROVED BY THE TOWN OF PROSPER.
21. LANDSCAPE AND OPEN AREAS SHALL BE KEPT FREE OF TRASH, LITER AND
WEEDS.
22. AN AUTOMATIC IRRIGATION SYSTEM SHALL BE PROVIDED TO IRRIGATE ALL
LANDSCAPE AREAS. OVERSPRAY ON STREETS AND WALKS IS PROHIBITED. A
PERMIT FROM THE BUILDING INSPECTION DEPARTMENT IS REQUIRED FOR
EACH IRRIGATION SYSTEM.
23. NO PLANT MATERIAL SHALL BE ALLOWED TO ENCROACH ON THE
RIGHT-OF-WAY, SIDEWALKS, OR EASEMENTS TO THE EXTENT THAT THE
VISION OR ROUTE OF TRAVEL FOR VEHICULAR, PEDESTRIAN OR BICYCLE
TRAFFIC IS IMPEDED.
24. NO PLANTING AREA SHALL EXCEED 3:1 SLOPE. 3' HORIZONTAL TO 1' VERTICAL.
25. EARTHEN BERMS SHALL NOT INCLUDE CONSTRUCTION DEBRIS.
CONTRACTOR MUST CORRECT SLIPPAGE OR DAMAGE TO THE SMOOTH
FINISH GRADE OF THE BERM PRIOR TO ACCEPTANCE.
26. ALL WALKWAYS SHALL MEET A.D.A. AND T.A.S. REQUIREMENTS.
27. CONTACT TOWN OF PROSPER PARKS AND RECREATION DIVISION AT (972)
346-3502 FOR LANDSCAPE INSPECTION. NOTE THAT LANDSCAPE
INSTALLATION MUST COMPLY WITH APROVED LANDSCAPE PLANS PRIOR TO
FINAL ACCEPTANCE BY THE TOWN AND/OR OBTAINING A CERTIFICATE OF
OCCUPANCY.
28. FINAL INSPECTION AND APPROVAL OF SCREENING WALLS, IRRIGATION AND
LANDSCAPE IS SUBJECT TO ALL PUBLIC UTILITIES, INCLUDING BUT NOT
LIMITED TO MANHOLES, VALVES, WATER METERS, CLEANOUTS, AND OTHER
APPURTENANCES, TO BE ACCESSIBLE, ADJUSTED TO GRADE, AND TO THE
TOWN OF PROSPER'S PUBLIC WORKS DEPARTMENT STANDARDS.
29. PRIOR TO CALLING FOR LANDSCAPE INSPECTION, CONTRACTOR IS
RESPONSIBLE FOR MARKING ALL MANHOLES, VALVES, WATER METERS,
CLEANOUTS, AND ALL OTHER UTILITY APPURTENANCES WITH FLAGGING OR
FIELD VERIFICATION BY THE TOWN.
EXISTING CONDITIONS:
CURRENT PLANT MATERIAL HAS BEEN EVALUATED. TREES AND SHRUBS
THAT ARE IN POOR, DECLINING HEALTH OR DECEASED SHALL BE REMOVED
BY THE CONTRACTORS.
IRRIGATION SYSTEM CURRENTLY EXISTS. CONTRACTOR EVALUATE
EXISTING SYSTEM. ADJUST SYSTEM TO ALLOW FOR FULL COVERAGE OF
ALL LANDSCAPE TREES, SHRUBS, BEDS AND SOD/HYDROMULCH WITHIN
PROPERTY LIMITS.
EXHIBIT G
Z15-0009
Item 4b
1
LO
EXISTING CREPE
MYRTLES TO
REMAIN, TYP.
STEEL EDGING TO SEPARATE
DECOMPOSED GRANITE
FROM TURF, TYP.
1
LO
2
LO
1
LE
1
LE
1
LO
1
CM5'-3"18'-2"
70
DFG
9
AB
44
AS
225
GL
26
LOR
30
TL
115
MG
8
CE
15
WM
91
FA
12
SY
26
GM
18
RY
10
MS
16
BAR
33
TS
2
CP
DECOMPOSED
GRANITE OVER WEED
BARRIER FABRIC, TYP.
DECOMPOSED
GRANITE OVER WEED
BARRIER FABRIC, TYP.
26
ERC
1
LO
1
LE
1
LE
EXISTING TREES TO
REMAIN, TYP.
EXISTING TREES TO
REMAIN, TYP.
EXISTING TREES TO
REMAIN, TYP.
DRAWING NUMBER:CHECKED BY:DRAWN BY:PROJECT No:DESCRIPTION
PRE-BID SET
REVISIONS
POST BID SET
ISSUE DATEISSUE DATE
DATE
RRLOWE'S OF:PROSPER, TEXASAWRAWR14-1500-05PROSPERSTA
TE O F T E XAS572 4AMANARIC
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DW .ARDSON3.12.15
a W R
AWR Designs, LLC
10321 Bradshaw Drive
Fort Worth, Texas 76108
awr.designs@mail.com
o. 682.708.8048
c. 512.517.5589
Know what's
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GRAPHIC SCALE
FEET06030
Scale 1"=30' - 0"
MATCHLINE: REF. L2.01
L2.02LANDSCAPE PLANMATCHLINE: REF. 1/L2.02
MATCHLINE: REF. 2/L2.02
LANDSCAPE PLAN1
1"=30'-0"
LANDSCAPE PLAN2
1"=30'-0"
EXHIBIT G
Z15-0009
Item 4b
To: Mayor and Town Council
From: Alex Glushko, AICP, Senior Planner
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 28, 2015
Agenda Item:
Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of
the Town Council to the Development Services Department, pursuant to Chapter 4, Section
1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning
& Zoning Commission on any Site Plan or Preliminary Site Plan.
Description of Agenda Item:
Attached is the Preliminary Site Plan and Site Plan acted on by the Planning & Zoning
Commission at their July 21, 2015, meeting. Per the Town’s Zoning Ordinance, the Town
Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town
Council to the Development Services Department for any Preliminary Site Plan or Site Plan
acted on by the Planning & Zoning Commission.
Attached Documents:
1. Preliminary Site Plan for Rogy’s Learning Place
2. Site Plan for Rogy’s Learning Place
Town Staff Recommendation:
Town staff recommends that the Town Council take no action on these items.
Prosper is a place where everyone matters.
PLANNING
Item 4c
PROJECT LOCATIONLOCATION MAPLEGENDS:US-75 SH-121 W UNIVERSITY DR.SH-289DALLAS NORTH TOLLWAY
C-1.1US-380PRELIMINARY SITE PLANDESCRIPTIONLOT 3GENERAL SITE DATAPARKINGLANDSCAPE AREA (INCLUDING TURF AREAS)TOTAL LANDSCAPE AREA (SQUARE FEET)IMPERVIOUS AREATOTAL IMPERVIOUS AREAOPEN SPACEPLAY GROUND AREA50,142 S.F.31,972 S.F.SITE DATA SUMMARY TABLEDESCRIPTIONLOT 1GENERAL SITE DATADESCRIPTIONLOT 2GENERAL SITE DATA17819 DAVENPORT ROAD, SUITE 215 DALLAS, TX 75252 (972)248-9651PSADESIGN DRAWN DATENOTESSCALEFILE NO.07/17/2015PSAAS SHOWN2 1 5 1 7. RLPPSACOLLIN COUNTY , TEXASTOWN OF PROSPER FOR REVIEW ONLYIMPERVIOUS AREATOTAL IMPERVIOUS AREA56,763 S.F.IMPERVIOUS AREATOTAL IMPERVIOUS AREA50,142 S.F. DETAIL AOPEN SPACEOPEN SPACESITE PLAN GENERAL NOTES:Y:\2015\21517.RLP\CURRENT\SHEET SET\PRELIMINARY SHEET SET\001 C-1.1 PRELIMINARY SITE PLAN .dwg
Item 4c
PROJECT LOCATIONLOCATION MAPLEGENDS:US-75 SH-121 W UNIVERSITY DR.SH-289DALLAS NORTH TOLLWAY
C-1.2US-380SITE DATA SUMMARY TABLEDESCRIPTIONLOT 3GENERAL SITE DATAPARKINGLANDSCAPE AREA (INCLUDING TURF AREAS)TOTAL LANDSCAPE AREA (SQUARE FEET)IMPERVIOUS AREATOTAL IMPERVIOUS AREAOPEN SPACEPLAY GROUND AREA50,142 S.F.31,972 S.F.17819 DAVENPORT ROAD, SUITE 215 DALLAS, TX 75252 (972)248-9651PSADESIGN DRAWN DATENOTESSCALEFILE NO.07 - 08 - 1 5PSAAS SHOWN2 1 5 1 7. RLPPSACOLLIN COUNTY , TEXASTOWN OF PROSPER FOR REVIEW ONLYSITE PLANSITE PLAN GENERAL NOTES:NOTE : THERE IS NO 100 YEAR FLOOD PLAIN ON THIS SITEDETAIL "A"SEE DETAIL "A"Y:\2015\21517.RLP\CURRENT\SHEET SET\001 C-1.2 SITE PLAN.dwg
Item 4c
Page 1 of 5
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: Frank E. Jaromin, P.E., Director of Public Works
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 28, 2015
Agenda Item:
Consider and act upon an ordinance amending Chapter 13, “Utilities,” of the Code of
Ordinances, by adding thereto a new Article 13.10, “Backflow Prevention Plan” and amending
Appendix A, “Fee Schedule,” to the Code of Ordinances by adding thereto a new Section XVIII,
“Backflow Prevention Plan and Enforcement Fees.”
Description of Agenda Item:
The Town of Prosper currently maintains Ordinance 06-109 which established regulations for
the construction and/or drilling of water wells in Prosper. The Backflow Prevention Plan is a plan
to implement and promote the public health, safety, and welfare by regulations designed to:
a) Protect the public potable water supply of the Town of Prosper from the possibility of
contamination or pollution, by isolating a customer’s internal distribution systems or a
customer’s private water systems contaminants or pollutants that could backflow into the
public water system.
b) Promote the elimination or control of existing cross connections, whether actual or
potential, between a customer’s in-plant potable water systems and non-potable water
system(s), plumbing fixtures, and industrial piping system(s).
c) Provide the maintenance of a continuing program of cross connection control which will
systematically and effectively prevent the contamination or pollution of the Town’s
potable water system.
d) Establish requirements for Prosper Backflow Prevention Assembly Testers; and
e) Comply with Chapter 290, Water Hygiene, of the Texas Commission on Environmental
Quality Rules and Regulations for Public Water Systems.
Backflow prevention assemblies required.
a) Each service connection, from the public water system to premises having an auxiliary
water supply, shall be protected against backflow of water from the premises into the
public water system with a Reduced Pressure Backflow Prevention Assembly (RP).
b) For all newly constructed premises on which a substance is handled so that it may enter
the public water system, each service connection from the public water system to such
premises shall be protected against the backflow of water from the premises into the
public water system. This requirement shall apply to each premise on which persons
handle process water and water originating from the public water system which has
been subjected to deterioration in sanitary quality.
PUBLIC WORKS
Item 6
Page 2 of 5
c) For all existing premises on which a substance is handled so that it may enter the public
water system, each service connection from the public water system to such premises
may be required to be protected against the backflow of water from the premises into the
public water system upon the determination of the Public Works Director or the Building
Official. This requirement shall apply to each premise on which persons handle process
waters and waters originating from the public water system which have been subjected
to deterioration in sanitary quality.
d) Backflow prevention assemblies shall be installed on a service connection to a premises:
(1) having internal cross connections that cannot be permanently corrected and
controlled in compliance with this Plan, (2) upon the Public Works Director or Building
Official’s determination that an intricate plumbing and piping arrangement exists which
makes it impractical to ascertain whether cross connections exist therein, or (3) where a
portion of the Premises cannot be readily accessed for inspection purposes making it
impractical or impossible to ascertain whether cross connections exist. The owner or
person responsible for a property or the maintenance of a property connected to or
required to be connected to the public potable water system shall make all necessary
arrangements, at its sole expense, to remove without delay security barriers or other
obstacles to access by the Public Works Director or the Building Official.
e) If a health hazard exists, a testable backflow prevention assembly or an air gap shall be
required. The backflow prevention assemblies shall include a reduced pressure backflow
prevention assembly (RP), pressure vacuum breaker (PVB) or a spill-resistant vacuum
breaker (SVB). The PVB and SVB shall not be subjected to backpressure.
Inspection, testing, and registration of backflow prevention assemblies.
a) Testing of backflow prevention assemblies shall be the responsibility of the owner,
occupant, manager, or other person in control of any premises or the person responsible
for the maintenance of the property on which, or on account of which, backflow
prevention assemblies are installed. The responsible party shall have the assemblies
tested by a Prosper BPAT. Backflow prevention assemblies shall be tested annually and
shall also be tested immediately after installation, relocation, repair or work performed
upstream of the assembly. However, upon ten (10) days after receiving written notice by
the Town, the owner, occupant, manager, other person in control of the premises or the
person responsible for the maintenance of the property must provide more frequent
testing as required in the written notice.
b) To report a backflow prevention assembly test, a Town of Prosper Backflow Prevention
Assembly Test Report form (original form) shall be completed by a Prosper BPAT on
each backflow prevention assembly tested. Each completed original form, together with
the records of tests, repairs, or replacement, shall be hand delivered in person to the
Public Works Department of the Town of Prosper within ten (10) calendar days after the
testing, repair, replacement or work performed upstream of the assembly.
c) Test results for a reduced pressure backflow prevention assembly shall provide a
reading for both checks and have at least a three (3) PSI differential between the first
check and the relief valve opening point. Only backflow prevention assembly field test
procedures approved by the current edition of the University of Southern California
Foundation for Cross-Connection Control and Hydraulic Research will be accepted. If an
assembly fails, the Prosper BPAT shall immediately notify the Public Works Director or
his designee in person or by phone during regular business hours of the Town of
Prosper Public Works Department. If an assembly failure occurs at any time other than
regular business hours, the Prosper BPAT shall notify the Public Works Director or his
designee on the next regular business day. Upon notification to the Public Works
Director or his designee of assembly failure, the Public Works Director or his designee
will notify the owner, occupant, manager or other person in control of any premises or
the person responsible for the maintenance of the property of the time period that they
have to repair or replace the assembly. The assembly shall be replaced or repaired
Item 6
Page 3 of 5
within the time period set by the Public Works Director or his designee or within five (5)
calendar days from the date of assembly failure, whichever date is sooner. In the event
of assembly failure, tester must contact the Public Works Director's designee.
d) Testing Fee of $25.00 fee shall be submitted to the Town for each backflow prevention
assembly tested and shall be paid at the time the Prosper BPAT files the Backflow
Prevention Assembly Test Report form with the Town.
e) Retesting Fee of $25.00 fee shall be submitted to the Town for each backflow prevention
assembly that is required to be retested due to a deficiency or a violation of this Plan
including an invalid test report.
Registration Fee.
An annual registration fee in the amount of $100.00 shall be paid at the time an application is
submitted to the Public Works Director.
Prohibited conduct.
a) Installing, allowing to remain installed, or maintaining a potable water supply, piping, or
part thereof in such a manner that allows used, unclean, polluted, or contaminated
water, mixtures, gasses, or other substances to enter any portion of the public potable
water supply by reason of back siphonage, back pressure or any other cause.
b) Maintaining any water-operated equipment or mechanism or use of any water-treating
chemical or substance if it is determined that such equipment, mechanism, chemical or
substance may cause pollution or contamination of the public potable water supply.
Provided, however, that such equipment or mechanism may be permitted when
equipped with a backflow prevention assembly approved by the Town.
c) Connecting, allowing to be connected, or allowing to remain connected to the public
potable water system any mechanisms or systems designed to return used water to the
public potable water system.
d) Connecting, allowing to be connected, or allowing to remain connected to the public
potable water system an auxiliary water system without the prior written approval of the
Public Works Director or his designee.
e) Incorrectly installing a backflow prevention assembly or allowing an incorrectly installed
backflow prevention assembly to remain installed.
f) Failing to report to the Public Works Director or his designee a backflow prevention
assembly that failed a test.
g) Falsifying any information in a backflow prevention assembly testing report submitted to
the Town.
h) Conducting a backflow assembly test without being registered with the Town.
i) Conducting a backflow assembly test while without a valid registration.
j) Submitting an incomplete backflow prevention assembly testing report to the Town.
k) Disconnecting, removing, or discontinuing the use of a backflow prevention assembly
without the written permission of the Public Works Director or his designee.
Administrative Fees:
The Town may elect to exercise the following administrative remedies for violations of the Town
Plan in lieu of pursuing criminal penalties against non-single family water account holders, such
as business and professional parks, homeowners’ associations, apartments, home builders,
land developers, and entities other than customers residing at single family homes.
a) The following administrative fees that will apply:
Backflow Registration Fee $100.00
Backflow Test (per device) $ 25.00
Retest $ 25.00
Item 6
Page 4 of 5
b) Contesting Violations.
A non-single family water customer as defined above may request a hearing before a
hearing officer(s) appointed by the Executive Director of Development and Community
Services within fifteen (15) business days after the date on the Notice. The hearing
officer(s) shall evaluate all information offered by the petitioner at the hearing. The
customer shall bear the burden of proof to show why, by preponderance of the evidence,
the administrative fee should not be assessed. The hearing officer(s) will render a
decision in writing within three (3) business days of the conclusion of the hearing. A
customer may appeal the decision from the hearing officer(s) in writing to the Executive
Director of Development and Community Services within three (3) business days of the
conclusion of the hearing. The decision by the Executive Director of Development and
Community Services is final and binding.
c) Paying Assessed Fees.
If, after the expiration of the fifteen (15) business days from the date on the Notice, the
customer has not requested an administrative hearing to contest the assessment of an
administrative fee or paid the administrative fee, the Town shall apply and charge the
assessed administrative fee to the customer’s Town Utility Bill. Unpaid assessed
administrative fees related to violations of the Backflow Prevention Plan use restrictions
under the Town Plan may result in termination of water service.
Prior to implementation, the following outreach program will be conducted by staff to help
educate our customers:
a) Provide all customers detailed information and direction to the Town’s website within
their water bills starting September 20, 2015, and again on October 20, 2015.
b) Send letters to affected customers by August 1, 2015.
c) Post the Backflow requirements on Social Media on or before August 1, 2015.
d) Meet as needed with local commercial operations during August and September to help
get the word out.
Local Schedule of Backflow Fee Comparison
Municipality Registration Fee Test Fee
Plano $100 $35
Little Elm $100 $30
Wylie $100 $25
Frisco $100 $25
Prosper $100 $25
Celina $75 $25
Item 6
Page 5 of 5
Legal Obligations and Review:
Terrance Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and
legality.
Attached Documents:
1. Ordinance
2. Backflow Prevention Plan
Town Staff Recommendation:
Town staff recommends that the Town Council consider and act upon an ordinance amending
Chapter 13, “Utilities,” of the Code of Ordinances, by adding thereto a new Article 13.10,
“Backflow Prevention Plan” and amending Appendix A, “Fee Schedule,” to the Code of
Ordinances by adding thereto a new Section XVIII, “Backflow Prevention Plan and Enforcement
Fees.”
Proposed Motion:
I move to approve an ordinance amending Chapter 13, “Utilities,” of the Code of Ordinances, by
adding thereto a new Article 13.10, “Backflow Prevention Plan” and amending Appendix A, “Fee
Schedule,” to the Code of Ordinances by adding thereto a new Section XVIII, “Backflow
Prevention Plan and Enforcement Fees.”
Item 6
Ordinance No. 15-__, Page 1
TOWN OF PROSPER, TEXAS ORDINANCE NO. 15-__
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
CHAPTER 13, “UTILITIES,” OF THE CODE OF ORDINANCES OF THE TOWN
OF PROSPER, TEXAS, BY ADDING THERETO A NEW ARTICLE 13.10,
“BACKFLOW PREVENTION PLAN”; ESTABLISHING A PLAN TO PROMOTE
THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE PUBLIC WATER
SYSTEM, INCLUDING RESTRICTIONS ON CONTROLLING CROSS
CONNECTIONS; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND
PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; AMENDING
APPENDIX A, “FEE SCHEDULE,” TO THE TOWN’S CODE OF ORDINANCES
BY ADDING THERETO A NEW SECTION XVIII, “BACKFLOW PREVENTION
PLAN AND ENFORCEMENT FEES”; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, pursuant to Chapter 341 of the Texas Health & Safety Code, the Texas
Commission of Environmental Quality (TCEQ) has developed rules and regulations which
govern drinking water quality and reporting requirements for public water systems; and
WHEREAS, the Town of Prosper, Texas (the "Town"), has investigated and determined
that it would be advantageous and beneficial to the citizens of Prosper to establish a backflow
prevention program of uniform regulations governing the installation, testing, maintenance and
inspection of backflow prevention assemblies that will apply to all properties and registration of
backflow prevention assembly testers; and
WHEREAS, TCEQ rules and regulations require the protection of a public water system
from contaminants caused by backflow of contaminants through water service connections; and
WHEREAS, the Town has determined an urgent need in the best interests of the public
to adopt a Backflow Prevention Plan; and
WHEREAS, pursuant to Chapter 54 of the Texas Local Government Code, the Town is
authorized to adopt such ordinances deemed necessary by the Town to protect its water
resources; and
WHEREAS, the Town Council has investigated and determined that it will be
advantageous and beneficial to the citizens of Prosper and will protect the public health, safety
and welfare to adopt a Backflow Prevention Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
Item 6
Ordinance No. 15-__, Page 2
SECTION 2
From and after the effective date of this Ordinance, Chapter 13, “Utilities,” of the Town’s
Code of Ordinances is amended by adding a new Article 13.10, “Backflow Prevention Plan,” to
read as follows:
ARTICLE 13.10 BACKFLOW PREVENTION PLAN
Sec. 13.10.001 Purpose
The Town of Prosper has established regulations for the construction and /or drilling of water
wells in Prosper, pursuant to Article 4.08, “Construction and/or Drilling of Water Wells,” of the
Town’s Code of Ordinances. This Backflow Prevention Plan is a plan to implement and
promote the public health, safety and welfare by regulations designed to:
(a) Protect the public potable water supply of the Town from the possibility of contamination
or pollution by isolating within a customer’s internal distribution systems or a customer’s private
water systems contaminants or pollutants that could backflow into the public water system; and
(b) Promote the elimination or control of existing cross connections, whether actual or
potential, between a customer’s in-plant potable water systems and non-potable water
system(s), plumbing fixtures, and industrial piping system(s); and
(c) Provide for the maintenance of a continuing program of cross connection control which
will systematically and effectively prevent the contamination or pollution of the Town’s potable
water system; and
(d) Establish requirements for Backflow Prevention Assembly Testers, as defined in Article
4.08 of this Code; and
(e) Comply with the water hygiene requirements of Title 30, Part 1, Chapter 290 of the
Texas Commission on Environmental Quality Rules and Regulations for Public Water Systems.
Sec. 13.10.002 Backflow prevention assemblies required
(a) Each service connection from the public water system to premises having an auxiliary
water supply shall be protected against backflow of water from the premises into the public
water system with a Reduced Pressure Backflow Prevention Assembly (RP).
(b) For all newly constructed premises on which a substance is handled so that it may enter
the public water system, each service connection from the public water system to such
premises shall be protected against the backflow of water from the premises into the public
water system. This requirement shall apply to each premise on which persons handle process
water and water originating from the public water system which has been subjected to
deterioration in sanitary quality.
(c) For all existing premises on which a substance is handled so that it may enter the public
water system, each service connection from the public water system to such premises may be
required to be protected against the backflow of water from the premises into the public water
system upon the determination of the Public Works Director or the Building Official. This
Item 6
Ordinance No. 15-__, Page 3
requirement shall apply to each premise on which persons handle process waters and waters
originating from the public water system which have been subjected to deterioration in sanitary
quality.
(d) Backflow prevention assemblies shall be installed on a service connection to a premises:
(1) having internal cross connections that cannot be permanently corrected and controlled in
compliance with this Backflow Prevention Plan; (2) upon the Public Works Director or Building
Official’s determination that an intricate plumbing and piping arrangement exists which makes it
impractical to ascertain whether cross connections exist therein; or (3) where a portion of the
premises cannot be readily accessed for inspection purposes making it impractical or
impossible to ascertain whether cross connections exist. The owner or person responsible for a
property or the maintenance of a property connected to or required to be connected to the
public potable water system shall make all necessary arrangements, at its sole expense, to
remove without delay security barriers or other obstacles to access by the Public Works Director
or the Building Official.
(e) If a health hazard exists, a testable backflow prevention assembly or an air gap shall be
required. The backflow prevention assemblies shall include a reduced pressure backflow
prevention assembly (RP), pressure vacuum breaker (PVB) or a spill-resistant vacuum breaker
(SVB). The PVB and SVB shall not be subjected to backpressure.
Sec. 13.10.003 Inspection, testing and registration of backflow prevention
assemblies
(a) Testing of backflow prevention assemblies. The owner, occupant, manager, other
person in control of any premises or the person responsible for the maintenance of the property
on which, or on account of which, backflow prevention assemblies are installed, shall have the
assemblies tested by a Prosper BPAT. Backflow prevention assemblies shall be tested
annually and shall also be tested immediately after installation, relocation, repair or work
performed upstream of the assembly; however, upon ten (10) days’ prior written notice by the
Town to the owner, occupant, manager, other person in control of the premises or the person
responsible for the maintenance of the property must provide more frequent testing as required
in the written notice.
(b) Report of backflow prevention assembly test. A Town of Prosper Backflow Prevention
Assembly Test Report form (original form) shall be completed by a Prosper BPAT on each
backflow prevention assembly tested. Each completed original form, together with the records of
tests, repairs, or replacement, shall be hand delivered in person to the Public Works
Department of the Town of Prosper within ten (10) calendar days after the testing, repair,
replacement or work performed upstream of the assembly.
(c) Test Results. Test results for a reduced pressure backflow prevention assembly shall
provide a reading for both checks and have at least a three (3) PSI differential between the first
check and the relief valve opening point. Only backflow prevention assembly field test
procedures approved by the University of Southern California Foundation for Cross-Connection
Control and Hydraulic Research will be accepted. If an assembly fails, the Prosper BPAT shall
immediately notify the Public Works Director or his designee in person or by phone during
regular business hours of the Town of Prosper Public Works Department. If an assembly failure
occurs at any time other than regular business hours, the Prosper BPAT shall notify the Public
Works Director or his designee on the next regular business day. Upon notification to the Public
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Ordinance No. 15-__, Page 4
Works Director or his designee of assembly failure, the Public Works Director or his designee
will notify the owner, occupant, manager or other person in control of any premises or the
person responsible for the maintenance of the property of the time period that they have to
repair or replace the assembly. The assembly shall be replaced or repaired within the time
period set by the Public Works Director or his designee or within five (5) calendar days from the
date of assembly failure whichever date is sooner. In the event of assembly failure, tester must
contact the Public Works Directors designee.
(d) Testing Fee. A $25.00 fee shall be submitted to the Town for each backflow prevention
assembly tested and shall be paid at the time that the Prosper BPAT files the Backflow
Prevention Assembly Test Report form with the Town.
(e) Retesting Fee. A $25.00 fee shall be submitted to the Town for each backflow
prevention assembly that is required to be retested due to a deficiency or a violation of this
Backflow Prevention Plan, including an invalid test report.
Sec. 13.10.004 Annual Registration Fee
An annual registration fee in the amount of $100.00 shall be paid at the time an application for
annual registration is submitted to the Public Works Director. This annual registration fee
includes the Town's testing of the tester’s equipment and tools.
Sec. 13.10.005 Prohibited conduct
The following shall be prohibited:
(a) Installing, allowing to remain installed, or maintaining a potable water supply, piping, or
part thereof in such a manner that allows used, unclean, polluted, or contaminated water,
mixtures, gasses, or other substances to enter any portion of the public potable water supply by
reason of back siphonage, back pressure or any other cause.
(b) Maintaining any water-operated equipment or mechanism or use of any water-treating
chemical or substance if it is determined that such equipment, mechanism, chemical or
substance may cause pollution or contamination of the public potable water supply; provided,
however, that such equipment or mechanism may be permitted when equipped with a backflow
prevention assembly approved by the Town.
(c) Connecting, allowing to be connected, or allowing to remain connected to the public
potable water system any mechanism(s) or system(s) designed to return used water to the
public potable water system.
(d) Connecting, allowing to be connected, or allowing to remain connected to the public
potable water system an auxiliary water system without the prior written approval of the Public
Works Director or his designee.
(e) Incorrectly installing a backflow prevention assembly or allowing an incorrectly installed
backflow prevention assembly to remain installed.
(f) Failing to report to the Public Works Director or his designee a backflow prevention
assembly that failed a test.
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Ordinance No. 15-__, Page 5
(g) Falsifying any information in a backflow prevention assembly testing report submitted to
the Town.
(h) Conducting a backflow assembly test without being registered with the Town.
(i) Conducting a backflow assembly test while without a valid registration.
(j) Submitting an incomplete backflow prevention assembly testing report to the Town.
(k) Disconnecting, removing, or discontinuing the use of a backflow prevention assembly
without the written permission of the Public Works Director or his designee.
Sec. 13.10.006 Penalty
Any customer, as that term is defined pursuant to Title 30, Part 1, Chapter 291 of the Texas
Administrative Code, as amended, failing to comply with the provisions of the Backflow
Prevention Plan shall be subject to a fine of up to two thousand dollars ($2,000.00) per day per
occurrence and/or discontinuance of water service by the Town. Proof of a culpable mental
state is not required for a conviction of an offense under this section. Each day a customer fails
to comply with the Backflow Prevention Plan is a separate violation. The Town's authority to
seek injunctive or other relief available under the law shall not be limited by this section.”
SECTION 3
From and after the effective date of this Ordinance, Appendix A, “Fee Schedule,” to the
Town’s Code of Ordinances is hereby amended by adding thereto a new Section XVIII,
“Backflow Prevention Plan and Enforcement Fess,” read as follows:
Sec. XVIII Backflow Prevention Plan and Enforcement Fees
The Town may elect to exercise the following administrative remedies for violations of the
Town’s Backflow Prevention Plan in lieu of pursuing criminal penalties against non-single family
water account holders, such as business and professional parks, homeowners’ associations,
apartments, home builders, land developers, and entities other than customers residing at
single family homes.
(1) Administrative Fees. The following administrative fees that will be assessed:
Backflow Registration Fee $100
Backflow Test (per device) $ 25
Retest (per device) $ 25
(2) Contesting Violations. A non-single family water customer as defined above may request
a hearing before a hearing officer(s) appointed by the Executive Director of Development
and Community Services within fifteen (15) business days after the date on the Notice.
The hearing officer(s) shall evaluate all information offered by the petitioner at the
hearing. The customer shall bear the burden of proof to show why, by preponderance of
the evidence, the administrative fee should not be assessed. The hearing officer(s) will
render a decision in writing within three (3) business days of the conclusion of the
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Ordinance No. 15-__, Page 6
hearing. A customer may appeal the decision from the hearing officer(s) in writing to the
Executive Director of Development and Community Services within three (3) business
days of the conclusion of the hearing. The decision by the Executive Director of
Development and Community Services is final and binding.
(3) Paying Assessed Fees. If, after the expiration of the fifteen (15) business days from the
date on the Notice, the customer has not requested an administrative hearing to contest
the assessment of an administrative fee or paid the administrative fee, the Town shall
apply and charge the assessed administrative fee to the customer’s next Town Utility
Bill.
Unpaid assessed administrative fees related to violations of Backflow Prevention Plan
restrictions under the Town Plan shall incur late payment penalties and may result in termination
of water service.”
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; 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
ordinances shall remain in full force and effect.
SECTION 5
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, sentence, clause or phrase thereof regardless of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 6
The Town Manger or his designee is hereby directed to file a copy of the Town’s
Backflow Prevention Plan and this Ordinance with the Commission in accordance with Title 30,
Chapter 288 of the Texas Administrative Code.
SECTION 7
This Ordinance shall take effect and be in full force from and after its passage and
publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule
Charter of the Town of Prosper, Texas.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ON THIS 28TH DAY OF JULY, 2015.
Item 6
Ordinance No. 15-__, Page 7
APPROVED:
________________________________
Ray Smith, Mayor
ATTEST:
___________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
__________________________________
Terrence S. Welch, Town Attorney
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TOWN OF PROSPER
BACKFLOW PREVENTION PLAN
SECTION 1: Application of Plan.
This plan shall regulate the installation, testing, maintenance and inspection of
backflow prevention assemblies as well as other measures of cross control prevention.
Section 2: Purpose
This is a plan to implement a Cross Connection Control Program the purpose of which is
to promote the public health, safety and welfare by regulations designed to:
(a) Protect the public potable water supply of the Town of Prosper from the possibility
of contamination or pollution by isolating within a customer’s internal distribution systems or a
customer’s private water systems contaminants or pollutants that could backflow into the public
water system.
(b) Promote the elimination or control of existing cross connections, whether actual or
potential, between a customer’s in-plant potable water systems and non-potable water
system(s), plumbing fixtures, and industrial piping system(s).
(c) Provide for the maintenance of a continuing program of cross connection control
which will systematically and effectively prevent the contamination or pollution of the Town’s
potable water system; and
(d) Establish requirements for Prosper Backflow Prevention Assembly Testers.
(e) Comply with Chapter 290, Water Hygiene, of the Texas Commission on
Environmental Quality Rules and Regulations for Public Water Systems.
SECTION 3: Definitions
For the purpose of this Plan, the following definitions shall apply unless the context
clearly indicates or requires a different meaning. Other technical terms used will have the
meanings or definitions listed in the 10th Edition of the Manual of Cross Connection Control
published by the Foundation for Cross Connection Control and Hydraulic Research, University of
Southern California, a copy of which is on file with the Town, or in the Third Edition of the
Recommended Practice for Backflow Prevention and Cross-Connection Control Manual M14
published by the American Water Works Association. In any case where provisions of these
manuals are in conflict, the 10th Edition of the Manual of Cross Connection Control will prevail.
Air gap separation (AG) means a physical separation between the free flowing discharge
end of a potable water supply pipeline and an open or non-pressure receiving vessel.
Approved water supply source means the Town of Prosper water system.
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Atmospheric Vacuum Breaker (AVB) means an assembly containing a float check, a
check seat, and an air inlet port.
Auxiliary water supply means any water supply other than the Town of Prosper's
approved public water supply, including water from another public water supply or from a
natural source including, but not limited to, wells, cisterns, springs, rivers, streams, used waters,
or industrial fluids.
Backflow means the reversal of flow of water or mixtures of water and other liquids,
gases or other substances into the distribution pipes of a potable water supply from any sources
other than an approved water supply source.
Backflow prevention assembly means an assembly which, when properly installed
between the Town water supply system and the terminus or point of ultimate use, will prevent
backflow. Examples of such assemblies include, but are not limited to, reduced pressure
backflow assemblies, double check valve assemblies, pressure vacuum breakers, and air gap
separation.
Backflow prevention assembly tester (BPAT) means an individual licensed in accordance
with Texas Commission on Environmental Quality rules to test backflow prevention assemblies.
Back pressure means any elevation of pressure in the downstream piping system
(including by pump, elevation of piping, or steam and/or air pressure) above the supply pressure
at the point of consideration which would cause, or tend to cause, a reversal of the normal
direction of flow.
Back siphonage means a form of backflow caused by a reduction in system pressure
resulting in the existence of a negative or sub-atmospheric pressure at a site in the water
system.
Building official means the Building Official of the Town of Prosper or his designee.
Chemical injection system means a system which automatically injects fertilizer,
pesticide, weed killer, etc., into an irrigation system, while the irrigation system is operating.
Closed System means a piping system that has no space for water to expand.
Commission means the Texas Commission on Environmental Quality.
Contamination means an impairment of the quality of the public potable water supply
or a private potable water supply by the introduction or admission of any foreign substance that
degrades the quality and which creates an actual hazard to the public health through poisoning
or through the spread of disease by sewage, industrial fluids, or waste.
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Cross connection means any actual or potential connection or structural arrangement
between a public or consumer’s potable water system and any other source or system through
which it is possible to introduce into any part of the potable system any used water, industrial
fluid, gas, or substance other than the intended potable water with which the system is
supplied. Bypass arrangements, jumper connections, removable sections, swivel or change-over
devices and other temporary or permanent devices through which or because of which backflow
can occur are considered to be cross-connections.
Customer means a person, company, or entity contracting with the Town of Prosper to
receive potable water service.
Customer's potable water system means that portion of the privately owned potable
water system lying between the service connection and the point of use by customer. This
system includes, but is not limited to, all pipes, conduits, tanks, receptacles, fixtures, equipment
and appurtenances used to produce, convey, store, or utilize the potable water.
Degree of hazard means either a non-health or health hazard and is determined by the
evaluation of the conditions within a system by the Director of Public Works, the Town of
Prosper Health Department, or the Building Official.
Director means the Director of Public Works.
Double check valve assembly (DC) means an assembly composed of two independently
acting approved check valves, including tightly closing resilient-seated shutoff valves, attached
at each end of the assembly and fitted with properly located resilient-seated test cocks.
Health hazard means a cross connection, potential cross connection, or other situation
involving any substance that could cause death, illness, spread of disease, or has a high
probability of causing such effects if introduced into the potable drinking water supply.
Industrial fluids means any fluid or solution which may be chemically, biologically, or
otherwise contaminated or polluted in a form or concentration which would constitute a health,
system, pollutional, or plumbing hazard if introduced into an approved water supply. Examples
of industrial fluids include, but are not limited to: polluted or contaminated used water; all types
of process waters and used waters originating from the public potable water system which may
deteriorate in sanitary quality; chemicals in fluid form; plating acids and alkalis; circulated
cooling waters connected to an open cooling tower and/or cooling waters that are chemically or
biologically treated or stabilized with toxic substances; contaminated natural waters such as
form wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; and
oils, gases, glycerin, paraffins, caustic and acid solutions and other liquid and gaseous fluids used
industrially, for other processes, or for firefighting purposes.
Material Reporting Deficiencies shall mean inaccurate or incomplete reporting of
information required in the Backflow Prevention Assembly Test Report form as noted in
“Appendix A”. Required information reported in section “B” is noted with an “x”. Sections “C”
and “D” are required in their entirety.
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Non-health hazard means a cross connection or potential cross connection involving any
substance that generally would not be a health hazard but would constitute a nuisance, or be
aesthetically objectionable, if introduced into the potable water supply.
Nonpotable water means a water supply which has not been approved for human
consumption by the Commission.
Person means any individual or any association, firm, partnership, joint venture,
corporation or other legally recognized entity, whether for profit or not for profit.
Plumbing hazard means an internal or plumbing type cross connection in a customer's
potable water system that may be either a pollutional or a contamination type hazard, including,
but not limited to, cross connections to toilets, sinks, lavatories, wash trays, and lawn sprinkling
systems.
Pollution means an impairment of the quality of the public potable water supply to a
degree which does not create a hazard to the public health but does adversely and
unreasonably affect the aesthetic qualities of such water for domestic use.
Potable water means any public water supply which has been investigated and
approved by the Commission as satisfactory for drinking, culinary and domestic purposes.
Premises or Property means any property real, improved or personal that is connected
to the Town of Prosper water system.
Pressure Vacuum Breaker (PVB) means an assembly which contains an independently
operating internally loaded check valve and an independently operating loaded air inlet valve
located on the discharge side of the check valve with properly located resilient-seated test cocks
and tightly closing resilient-seated shutoff valves attached at each end of the assembly.
Process waters means water used to cool any operation or manufacturing process.
Prosper Backflow prevention assembly tester (Prosper BPAT) means an individual
licensed in accordance with Texas Commission on Environmental Quality rules and registered
with the Town of Prosper Public Works Department for the purpose of testing backflow
prevention assemblies.
Public potable water supply means any publicly or privately owned water system
operated as a public utility under a health permit to supply water for domestic purposes. Such a
system includes all sources, facilities and appurtenances between the source and the point of
delivery such as valves, pumps, pipes, conduits, tanks, receptacles, fixtures, equipment and
appurtenances used to produce, convey, treat, or store potable water for public consumption or
use.
Public Works Director means the Public Works Director for the Town of Prosper or his
designee.
Pressure loss means any reduction in the water pressure supplied by the Town.
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Reduced pressure backflow prevention assembly (RP) means an assembly containing two
independently acting approved check valves together with a hydraulically operating,
mechanically independent pressure differential relief valve located between the check valves
and at the same time below the first check valve. The unit includes properly located resilient-
seated test cocks and two tightly-closing resilient-seated shutoff valves at each end of the
assembly.
Service connection means the terminal end of a service connection from the public
potable water system (i.e., where the water purveyor loses jurisdiction and sanitary control over
the water at its point of delivery to the customer's water system). If a meter is installed at the
end of the service connection, then the service connection shall mean the downstream end of
the meter.
Spill-Resistant Pressure Vacuum Breaker (SVB) means an assembly which contains an
independently operating internally loaded check valve and an independently operating loaded
air inlet valve located on the discharge side of the check valve, with properly located resilient
seated test cock, a properly located bleed/vent valve and tightly closing resilient seated shutoff
valves attached at each end of the assembly.
Supply pressure means the existing pressure in the Town of Prosper water system.
System hazard means an actual or potential threat of severe danger to the physical
properties of the public or the customer's potable water system or of a pollution or
contamination which has or would have a protracted effect on the quality of the potable water
in the system.
Thermal Expansion means heated water that does not have any space to expand.
Town means the Town of Prosper, Texas, and its duly authorized representatives.
Used water means any water supplied by a water purveyor from a public water system
to a customer's water system after passing through the service connection and which is no
longer controlled by the water purveyor.
Utility means the Town of Prosper Public Works Department.
Utility water service area means all locations within the Town of Prosper water system
as defined by the Town's State Certificate of Convenience.
Valid Backflow Prevention Assembly Test shall mean test results reported by a Prosper
BPAT who performed the test and reported within ten (10) calendar days of the test that meet
the performance criteria located within the 10th Edition of the Manual of Cross Connection
Control published by the University of Southern California Foundation for Cross Connection
Control and Hydraulic Research for the type of backflow prevention assembly tested, unless
otherwise noted within this Plan.
Water purveyor means the operator of a potable water system supplying at least 15
service connections or servicing at least 25 individuals at least 60 days out of the year.
Item 6
SECTION 4: Backflow prevention assemblies required.
(a) Each service connection from the public water system to premises having an
auxiliary water supply shall be protected against backflow of water from the premises into the
public water system with a Reduced Pressure Backflow Prevention Assembly (RP).
(b) For all newly constructed premises on which a substance is handled so that it may
enter the public water system, each service connection from the public water system to such
premises shall be protected against the backflow of water from the premises into the public
water system. This requirement shall apply to each premise on which persons handle process
water and water originating from the public water system which has been subjected to
deterioration in sanitary quality.
(c) For all existing premises on which a substance is handled so that it may enter the
public water system, each service connection from the public water system to such premises
may be required to be protected against the backflow of water from the premises into the
public water system upon the determination of the Public Works Director or the Building
Official. This requirement shall apply to each premise on which persons handle process waters
and waters originating from the public water system which have been subjected to
deterioration in sanitary quality.
(d) Backflow prevention assemblies shall be installed on a service connection to a
premises: (1) having internal cross connections that cannot be permanently corrected and
controlled in compliance with this Plan, (2) upon the Public Works Director or Building Official’s
determination that an intricate plumbing and piping arrangement exists which makes it
impractical to ascertain whether cross connections exist therein, or (3) where a portion of the
Premises cannot be readily accessed for inspection purposes making it impractical or impossible
to ascertain whether cross connections exist. The owner or person responsible for a property or
the maintenance of a property connected to or required to be connected to the public potable
water system shall make all necessary arrangements, at its sole expense, to remove without
delay security barriers or other obstacles to access by the Public Works Director or the Building
Official.
(e) If an inter-street main flow may result from two or more services supplying water
to the same building, structure, or premises, then a standard check valve shall be installed
adjacent to the respective meters and on the owner's property. If a check valve is not adequate
to protect the public water system's mains from pollution or contamination, the installation of
an approved backflow prevention assembly may be required by the Public Works Director.
Approval will be given if a backflow prevention assembly is functioning.
(f) If a health hazard exists, a testable backflow prevention assembly or an air gap shall
be required. The backflow prevention assemblies shall include a reduced pressure backflow
prevention assembly (RP), pressure vacuum breaker (PVB) or a spill-resistant vacuum breaker
(SVB). The PVB and SVB shall not be subjected to backpressure.
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SECTION 5. Type of backflow prevention assembly required.
(a) The type of backflow prevention assembly required shall be commensurate with the
type of hazard that exists on the customer's premises. The minimum types of backflow
prevention assemblies required to protect the Town’s potable water supply are set forth in
Table 1 below. However, the water user may choose a higher level of protection than required
by the Town. All backflow prevention assemblies shall be from an approved list from the
University of Southern California Foundation for Cross-Connection Control and Hydraulic
Research.
Table 1
Type of Hazard Minimum Type of Backflow Prevention Assembly
Fire protection systems utilizing
chemicals or additives (New
installations or remodels of existing
system)
RP- UL of FM &USC approved assemblies only
Commercial and residential fire
sprinkler systems without chemicals or
additives (New installations or
remodels of existing systems only)
DC-UL or FM &USC approved assemblies only
Commercial and residential landscape
irrigation systems utilizing chemical
additives or hose connections and/or
quick couplers
RP or AG only
Stationary Construction Fire Hydrant
Meters
DC, RP or AG immediately adjacent to meter
Premises where any customer
purchasing water for the purpose of
resale or distribution
RP or AG at each service connection
Premises owned by any state, federal,
or foreign government or agency
RP or AG at each service connection
Premises where there is history of
cross-connections being established or
re-established
RP or AG
Animal Watering Sites AG or RP or PVB or SVB. PVB or SVB not approved
where back pressure situations exist.
Non-Health Hazard DC, PVB, SVB, or RP at point of connection to
hazard or at the service connection prior to first
branch line off customer’s service line. PVB or SVB
not approved where back pressure situations exist.
Health Hazard AG,PVB,SVB, or RP at point of connection to hazard
or at service connection prior to first branch line
off customer’s service line. PVB or SVB not
approved where back pressure situations exist.
Carbonated Drink Machines RP- Stainless Steel Assembly and all downstream
piping shall be non-corrosive when in contact with
CO2 gas.
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(b) Situations which are not covered in Table 1 shall be evaluated on a case by case
basis, and the required backflow prevention assembly shall be determined by the Public Works
Director.
(c) Containment and/or secondary protection may be required on certain health hazard
installations in accordance with the following Table 2, in addition to any other protection,
identified herein, which is required to isolate equipment within a facility. The Public Works
Director or Building Official may require backflow prevention assembly to be installed on other
facilities with a similar degree of hazard in accordance with the Plumbing Code of the Town of
Prosper, as amended, or other applicable law. These backflow prevention assemblies shall be
installed in the main service line on the building side of the meter or the principle branch serving
a single tenant space. The location of the backflow prevention assembly shall be approved by
the Public Works Director or Building Official in accordance with the provisions contained in
Section 7.
Table 2
Health Hazard Installations Type of Backflow Prevention Required
Breweries RP
Carwash RP
Dairies RP
Multi-story buildings 3 floors or more RP
Animal Hospital RP
Auxiliary Water Supply RP
Building containing a Reclaimed Water
System RP
Chillers RP
Commercial laundry RP
Cooling Towers RP
Dental Office RP
Doctor’s Office RP
Food and Beverage processing plants RP
Funeral home and mortuary RP
Green house or nursery (with toxic
chemicals) RP
Hospitals (parallel system required) RP
Laboratories (including medical, dental,
and research labs, and labs at educational
facilities)
RP
Manufacturing plant RP
Meat Processing plant RP
Metal manufacturing, cleaning,
processing and fabrication plants RP
Micro chip fabrication facilities RP
Petroleum processing or storage facilities RP
Photo and film processing RP
Plants using radioactive materials RP
Item 6
Table 2 continued
Plating or Chemical plants RP
Premises where inspection is restricted or
exempted RP
Private/Individual Unmonitored Wells RP
Rainwater Harvesting Systems RP
Rendering plant RP
Sewage lift Stations RP
Sewage treatment plants RP
Steam plants RP
Space Heating Boilers RP
SECTION 6. Backflow prevention assembly installation requirements.
(a) All new, replacement, or reconditioned backflow prevention assemblies shall be
installed in accordance with the International Plumbing Code, as adopted and amended by the
Town of Prosper and with the following standards, unless otherwise directed or approved by the
Public Works Director.
(1) Plumbing permit required. Prior to installation, a plumbing permit must be
obtained from the Building Inspection Department of the Town.
(2) Installation. The assembly shall not be located in the same vault or meter box
with the Town's water meter. Backflow assemblies shall not be installed within three (3)
feet of a water meter box or vault. All backflow assembly installation shall be done in
accordance to the approval set forth in the list of Approved Backflow Prevention
Assemblies issued by the University of Southern California Foundation for Cross-
Connection Control and Hydraulic Research, a copy of which is on file in the Town Public
Works Department. If installed in a structure all backflow assemblies must be easily
accessible for testing, repair or replacement.
(3) Location. The owner or occupant must prove to the Town that no connections
or tees are located between the meter and the backflow prevention assembly. The relief
valve discharge on a reduced pressure backflow assembly (RP) shall not be solidly piped
into a sump, sewer, drainage ditch, etc. Test cocks shall not be used as supply
connections.
(4) Air gap separation (AG). All piping from the service connection to the receiving
tank shall be above grade and be entirely visible. No water use shall be provided from
any point between the service connection and the air gap separation. The water inlet
piping shall terminate at a distance of at least two (2) pipe diameters of the supply inlet,
but in no case less than one (1) inch above the overflow rim of the receiving tank. An
‘approved air gap separation’ shall be at least twice the diameter of the supply pipe
measured vertically above the overflow rim of the vessel and shall in no case be less
than one (1) inch (2.54cm).
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(5) Reduced pressure backflow assemblies (RP). Reduced pressure backflow
assemblies shall be installed above ground level and shall be placed a minimum of
twelve (12) inches above the finished grade to allow clearance for repair work. A freeze-
proof enclosure with a concrete slab at finished grade is recommended. Where it is
impractical to install the assembly outside, the installation may be made inside the
building in an area not susceptible to flooding. Proper free flowing/gravity drainage
must be provided for the relief valve. If the drain line is to drain outside, then the
termination point must be a minimum of twelve (12) inches above finished grade.
(6) Double check valve assemblies (DC). Double check valve assemblies can be
installed above finished grade in a freeze-proof enclosure or below grade in a vault. If
assembly is installed below grade the test cocks must be plugged with corrosion
resistant watertight plugs. Assembly shall be a minimum of twelve (12) inches above the
floor.
(7) Bypass. If a bypass is installed around any approved backflow prevention
assembly, the bypass must be protected from backflow/back pressure with the same
type of backflow prevention assembly that it has bypassed. The backflow prevention
assembly on the bypass must be installed according to the same requirements as the
service line assembly.
(8) Thermal Expansion. The installation of a backflow assembly may create a closed
system which may result in thermal expansion.
(9) Lost Pressure. The Town is not responsible for any pressure loss created by the
installation of a backflow assembly.
SECTION 7. Inspection, testing and registration of backflow prevention assemblies.
(a) Testing of backflow prevention assemblies. The owner, occupant, manager, other
person in control of any premises or the person responsible for the maintenance of the property
on which, or on account of which, backflow prevention assemblies are installed, shall have the
assemblies tested by a Prosper BPAT. Backflow prevention assemblies shall be tested annually
and shall also be tested immediately after installation, relocation, repair or work performed
upstream of the assembly. However, upon ten (10) days prior written notice by the Town to the
owner, occupant, manager, other person in control of the premises or the person responsible
for the maintenance of the property must provide more frequent testing as required in the
written notice.
(b) Report of backflow prevention assembly test. A Town of Prosper Backflow
Prevention Assembly Test Report form (original form) shall be completed by a Prosper BPAT on
each backflow prevention assembly tested. Each completed original form, together with the
records of tests, repairs, or replacement, shall be hand delivered in person to the Public Works
Department of the Town of Prosper within ten (10) calendar days after the testing, repair,
replacement or work performed upstream of the assembly.
(c) Test Results. Test results for a reduced pressure backflow prevention assembly shall
provide a reading for both checks and have at least a three (3) PSI differential between the first
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check and the relief valve opening point. Only backflow prevention assembly field test
procedures approved by the University of Southern California Foundation for Cross-Connection
Control and Hydraulic Research will be accepted. If an assembly fails, the Prosper BPAT shall
immediately notify the Public Works Director or his designee in person or by phone during
regular business hours of the Town of Prosper Public Works Department. If an assembly failure
occurs at any time other than regular business hours, the Prosper BPAT shall notify the Public
Works Director or his designee on the next regular business day.
Upon notification to the Public Works Director or his designee of assembly failure, the
Public Works Director or his designee will notify the owner, occupant, manager or other person
in control of any premises or the person responsible for the maintenance of the property of the
time period that they have to repair or replace the assembly. The assembly shall be replaced or
repaired within the time period set by the Public Works Director or his designee or within five
(5) calendar days from the date of assembly failure whichever date is sooner. In the event of
assembly failure, tester must contact the Public Works Directors designee.
(d) Registration and maintenance of backflow prevention assemblies.
(1) Each backflow prevention assembly located on property subject to this Plan
shall be registered with the Public Works Department of the Town of Prosper.
(2) The owner, occupant, manager, other person in control of the property or the
person responsible for the maintenance of the property is responsible for general
maintenance and upkeep of all approved backflow prevention assemblies located
thereon.
(3) Backflow prevention assemblies shall be tested, repaired, and/or replaced at
the expense of the owner, occupant, manager, other person in control of the property
or the person responsible for the maintenance of the property whenever such
assemblies are determined to be defective by the Public Works Director or Building
Official. An assembly is defective if it is not a properly installed backflow prevention
assembly as required by this Department.
(e) New Plumbing or Plumbing Modifications. The Building Official or Public Works
Director’s designee shall inspect all new backflow prevention assembly installations, which are
subject to this Plan and are required by application for a plumbing permit. A Service Inspection
Certification form shall be completed by the Building Official or Public Works Director on each
new plumbing installation or on plumbing modifications. Each completed form shall be received
by the Public Works Department within ten (10) days after the inspection.
(f) Existing properties. The Public Works Directors designee shall inspect all existing
properties connected to the potable water system for the purpose of determining whether a
cross-connection exists and what type of backflow prevention assembly should be installed
pursuant to this Plan.
(g) Existing backflow prevention assemblies. Properties with existing backflow
prevention assemblies installed in their system, which have not been registered with the Public
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Works Director, as of the effective date of this Plan shall come into compliance with the
provisions of this Plan within sixty (60) days of notification unless the Public Works Director finds
a health hazard exists in which case the Public Works Director shall determine the appropriate
time of compliance.
(h) Existing assemblies in compliance. The owner, occupant, manager or other person in
control of any premises or the person responsible for the maintenance of a property with
existing assemblies, which comply with the provisions of this Plan, shall provide written proof
that each such assembly has been properly maintained and serviced by a Prosper BPAT. If
maintenance and service records are not available, the assembly shall be tested in accordance
with the requirements of this Plan.
(i) Replacement. If the assembly is not capable of being tested, identified or cannot be
repaired, it must be replaced with an approved assembly in accordance with the requirements
of this Plan.
(j) Testing Fee. A $25.00 fee shall be submitted to the Town for each backflow
prevention assembly tested and shall be paid at the time that the Prosper BPAT files the
Backflow Prevention Assembly Test Report form with the Town.
(k) Retesting Fee. A $25.00 fee shall be submitted to the Town for each backflow
prevention assembly that is required to be retested due to a deficiency or a violation of this Plan
including, an invalid test report, or one of the following;
• Falsification of Backflow Prevention Assembly Test Report form
• Incorrect serial number
• Blank or incomplete information fields on Backflow Prevention Assembly Test Report forms
• Prosper BPAT’s test gauges are not registered with the Town
• Duplicate serial number on multiple Backflow Prevention Assembly Test Report forms
• Performing a Backflow Prevention Assembly Test using unapproved testing procedures
• Inappropriate registration with the Town
• BPAT is not registered with the Town of Prosper Public Works Department at the time
the test(s) was performed
(l) Retest procedure. The retest(s) shall be performed in the presence of the Public
Works Director or his designee. The fee shall be paid prior to the retest(s) being performed and
the retest(s) shall be completed within five (5) business days from first notification. Any retest(s)
required shall be performed by the Prosper BPAT or BPAT who is responsible for the deficiency
or violation unless the Prosper BPAT or BPAT has resigned or lost their testing privileges. All
retest(s) should be performed during normal Town business hours.
(m) Exemption. Atmospheric Vacuum Breakers are exempt from this section.
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SECTION 8. Quality assurance program.
To assure the quality of the backflow prevention tests being performed each month at
least one (1) but no more than five (5) Prosper BPATs will be randomly selected to be observed
by the Public Works Director or his designee. The tester will be notified by certified mail to the
address on file with the Town. When a tester has been chosen for random observation he/she
shall have thirty (30) calendar days from the date of the letter to schedule and complete an
approved observation with the Town Public Works department. Failure to do so shall result in
the Prosper BPATs testing privileges being suspended. Testing privileges shall not be reinstated
until the observation has been completed and approved.
SECTION 9. Removal of backflow prevention assembly.
(a) Removal. Prior written approval must be obtained from the Public Works Director
before a backflow prevention assembly may be removed or relocated.
(b) Discontinued use. The use of a backflow prevention assembly may be discontinued,
and the assembly removed from service, upon written approval from the Public Works Director
after presentation to the Public Works Director of sufficient written evidence to verify that a
hazard no longer exists and is not likely to be created in the future.
(c) Relocation. A backflow prevention assembly may be relocated following written
approval from the Public Works Director or his designee after presentation to the Public Works
Director or his designee of sufficient written evidence to verify that the relocation will continue
to provide the required protection and satisfy installation requirements. An assembly may not
be removed for relocation unless water use is discontinued, until the relocation is complete, or
until the service connection is equipped with other backflow protection approved by the Public
Works Director or his designee and sufficient to prevent backflow during relocation. A retest will
be required following the relocation of the assembly.
(d) Repair. A backflow prevention assembly may be removed for repair and a retest will
be required following the repair of the assembly. Before an assembly is removed, the Prosper
BPAT shall notify the Public Works Director or his designee. The Public Works Director or his
designee shall determine the time period allowed for repair of the assembly and determine
whether water service will be discontinued during that time period.
(e) Replacement. An assembly may be removed and replaced. All replacement
assemblies must be approved by the Public Works Director or his designee and must be
commensurate with the degree of hazard involved. A retest will be required following the
replacement of the assembly. Before an assembly is replaced, the Prosper BPAT shall notify the
Public Works Director or his designee. The Public Works Director or his designee shall determine
the time period allowed for replacement of the assembly and determine whether water service
will be discontinued during that time period.
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Section 10. Requirements for Backflow Prevention Assembly Testers.
(a) Registration. Prior to performing any testing of backflow prevention assemblies
within the Town of Prosper, a backflow prevention assembly tester must be registered with the
Town of Prosper.
(1) Eligibility for registration shall be conditioned upon applicant providing proof
that they are currently licensed as a backflow prevention assembly tester by the Texas
Commission on Environmental Quality and have not been found to be in violation of
Section 12 of this Plan.
(2) Each applicant licensed as a backflow prevention assembly tester with the State
shall furnish evidence to the Public Works Director to show that he/she has available the
necessary tools and equipment to properly test and certify such assemblies. Serial
numbers of all test gauges shall be registered with the Public Works Director. Registered
serial numbers of test gauges shall be listed on tests and maintenance reports prior to
being submitted to the Public Works Director. Each recorded test kit shall be tested
annually for accuracy and calibrated to maintain a +/- two percent (+/-2%) accuracy
factor. Failure to register the serial number or calibrate gauges annually shall be
grounds for temporary suspension of a tester’s registration until compliance with this
requirement is attained.
(3) Registration shall remain in force provided that the tester maintains his/her
eligibility for registration by complying with all requirements of this Plan and applicable
State law. Evidence of renewal of the tester’s TCEQ backflow prevention assembly
testing license shall be furnished to the Public Works Director upon request. A tester
shall advise the Public Works Director if the tester’s State license is ever suspended or
terminated within five (5) business days of notice to the tester of such suspension or
termination.
(b) Registration Fee. An annual registration fee in the amount of $100.00 shall be paid
at the time an application for annual registration is submitted to the Public Works Director. This
annual registration fee includes the Town's testing of the tester’s equipment and tools.
(c) Responsibilities of Testers. Prosper BPAT’s shall be responsible for performing
competent tests, issuing accurate reports of backflow prevention assemblies tested, filing timely
backflow prevention assembly test reports and test fees to the Town. Prosper BPAT’s shall not
change the design or operational characteristics of a backflow prevention assembly during
repair or maintenance without prior written approval of the Public Works Director.
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SECTION 11. Revocation of assembly tester registration.
(a) Failure to make immediate notification of a backflow prevention assembly field test
failure as required by this Department shall result in revocation of the Prosper BPAT’s
registration.
(b) Refusal to perform retest(s) or pay appropriate fee as required by this Department
shall result in revocation of Prosper BPAT’s registration
(c) Submitting a falsified test report shall result in revocation of a Prosper BPAT’s
registration.
(e) The Public Works Director shall send written notice to the Prosper BPAT at the last
known address on file for the Prosper BPAT informing the Prosper BPAT of a revocation. The
date specified on the notice shall be the effective date of the revocation.
SECTION 12. Prohibited conduct.
The following actions or omissions are prohibited.
• Installing, allowing to remain installed, or maintaining a potable water supply, piping, or
part thereof in such a manner that allows used, unclean, polluted, or contaminated
water, mixtures, gasses, or other substances to enter any portion of the public potable
water supply by reason of back siphonage, back pressure or any other cause.
• Maintaining any water-operated equipment or mechanism or use of any water-treating
chemical or substance if it is determined that such equipment, mechanism, chemical or
substance may cause pollution or contamination of the public potable water supply.
Provided, however, that such equipment or mechanism may be permitted when
equipped with a backflow prevention assembly approved by the Town.
• Connecting, allowing to be connected, or allowing to remain connected to the public
potable water system any mechanisms or systems designed to return used water to the
public potable water system.
• Connecting, allowing to be connected, or allowing to remain connected to the public
potable water system an auxiliary water system without the prior written approval of
the Public Works Director or his designee.
• Incorrectly installing a backflow prevention assembly or allowing an incorrectly installed
backflow prevention assembly to remain installed.
• Failing to report to the Public Works Director or his designee a backflow prevention
assembly that failed a test.
• Falsifying any information in a backflow prevention assembly testing report submitted
to the Town.
• Conducting a backflow assembly test without being registered with the Town.
• Conducting a backflow assembly test while without a valid registration.
• Submitting an incomplete backflow prevention assembly testing report to the Town.
• Disconnecting, Removing, or discontinuing the use of a backflow prevention assembly
without the written permission of the Public Works Director or his designee.
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