The URL can be used to link to this page

11.13.18 Town Council Regular Meeting PacketPage 1 of 4 ] Prosper is a place where everyone matters. AGENDA BRIEFING – EXECUTIVE CONFERENCE ROOM 1. Call to Order/Roll Call. 2. Questions about items listed on the Regular Meeting Agenda. 3. Discussion Items: • Cellular Coverage Update. (HW) • Broadband Service Update. (CS) REGULAR MEETING CONVENES IN COUNCIL CHAMBERS IMMEDIATELY FOLLOWING AGENDA BRIEFING 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. Presentations. • Presentation of a Proclamation to members of the Pulmonary Hypertension Association proclaiming November 2018 as Pulmonary Hypertension Awareness Month. (RB) • Presentation by Members of the Prosper Fire Department on Fire Prevention Month Education Programs. (SB) 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 meetings. (RB) • Regular Meeting – October 23, 2018 5b. Consider and take action upon a resolution expressing official intent to reimburse costs of Town capital improvement program projects that may be funded with proceeds of bonds or other obligations, if those costs are paid prior to the issuance of such bonds or other obligations. (KN) AGENDA Agenda Briefing and Regular Meeting of the Prosper Town Council Prosper Town Hall 200 S. Main Street, Prosper, Texas Tuesday, November 13, 2018 5:45 p.m. Page 2 of 4 5c. Consider and act upon authorizing the Town Manager to execute a Professional Service Agreement by and between the Town of Prosper, Texas, and the Texas Property Assessed Clean Energy Authority. (CS) 5d. Consider and act upon authorizing the Town Manager to accept a grant awarded by Texas Department of Public Safety (DPS) for Emergency Management Performance Grant (EMPG). (KB) 5e. Consider and act upon authorizing the Town Manager to execute Amendment Twelve to the Interlocal Agreement between Collin County and the Town of Prosper, extending the agreement through FY 2018-2019, relating to Animal Control Services. (JW) 5f. Consider and act upon authorizing the Town Manager to execute Amendment Twelve to the Interlocal Agreement between Collin County and the Town of Prosper, extending the agreement through FY 2018-2019, relating to Animal Sheltering Services. (JW) 5g. 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) 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. 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. ITEMS FOR INDIVIDUAL CONSIDERATION: 7. Conduct a Public Hearing, and consider and act upon an ordinance amending Chapter 3, Section 1, “Use of Land and Buildings,” and Section 2, “Definitions,” of the Zoning Ordinance, regarding Stealth Antennas. (Z18-0014). (AG) 8. Conduct a Public Hearing, and consider and act upon an ordinance for a Specific Use Permit for Wireless Communication facilities, on 1.6± acres, located on the Prosper Trail Elevated Storage Tank site, north of Prosper Trail, east of Shasta Lane. The property is zoned Planned Development-70 (PD-70). (S18-0008). (Companion to Item 9) (AG) Page 3 of 4 9. Consider and act upon authorizing the Town Manager to execute a Tower Site Lease Agreement by and between the Town of Prosper, Texas, and Dallas MTA, L.P. d/b/a Verizon Wireless, for the lease of Town property, located at Prosper Trail Elevated Storage Tank (EST), for a cell tower. (Companion to Item 8) (KN) 10. Presentation of service plan and second Public Hearing to consider the voluntary annexation of 9.1± acres, generally located on the north side of Prosper Trail, 1,100± feet west of Custer Road. (A18-0001). (Companion to Item 11) (AG) 11. Consider and act on an ordinance annexing 9.1± acres, generally located on the north side of Prosper Trail, 1,100± feet west of Custer Road. (A18-0001). (Companion to Item 10) (AG) 12. Consider and act upon an ordinance adopting the 2015 edition of the International Fire Code with North Central Texas Council of Governments Option B Recommended Amendments, local amendments, and to repeal certain provisions contained in Ordinance No. 14-51 (existing fire code ordinance) not related to residential fire suppression. (BA) 13. Consider and act upon authoring the Town Manager to execute the Amended and Restated Potable Water Supply Contract between North Texas Municipal Water District and the Town of Prosper, Texas. (FJ) 14. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Custer Road Pipeline and Meter Vault Relocation project. (PA) 15. Discussion on Public Safety Complex, Phase 1 (Police Station and Dispatch) Facility. (DK) 16. Discussion on State Highway 289 Entry Monument. (DR) 17. Discussion on Multifamily Rental Inspection Program. (JW) 18. Consider and act upon authorizing the Town Manager to execute an application for renewal of Stop Loss Coverage with Blue Cross Blue Shield of Texas, effective January 1, 2019. (KS) 19. 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: 19a. Section 551.087 – To discuss and consider economic development incentives. 19b. 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. 20. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 21. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. 22. Adjourn. Page 4 of 4 CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 200 S. Main Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday, November 9, 2018, and remained so posted at least 72 hours before said meeting was convened. _______________________________ _________________________ Robyn Battle, Town Secretary Date Notice 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. 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. Page 1 of 8 ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. The meeting was called to order at 6:00 p.m. Council Members Present: Mayor Ray Smith Deputy Mayor Pro-Tem Jason Dixon Councilmember Mike Korbuly Councilmember Craig Andres Councilmember Meigs Miller Councilmember Jeff Hodges Council Members Absent: Mayor Pro-Tem Curry Vogelsang, Jr. Staff Members Present: Harlan Jefferson, Town Manager Terrence Welch, Town Attorney Robyn Battle, Town Secretary/PIO Hulon Webb, Executive Director of Development and Community Services John Webb, Development Services Director Alex Glushko, Planning Manager Megan Johnson, Health/Code Supervisor Pete Anaya, Deputy Director of Engineering Services Dudley Raymond, Parks and Recreation Director Paul Naughton, Landscape Architect Kelly Neal, Finance Director January Cook, Purchasing Agent Doug Kowalski, Police Chief Stuart Blasingame, Fire Chief 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Carl Rau led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. 3. Announcements of recent and upcoming events. Councilmember Andres read the following announcements: Early voting for the November 6 election ends on November 2. Collin County voters may vote in the Town Hall Community Room during Early Voting, and at the PISD Administration Building on Election Day. Denton County voters may vote at any Denton MINUTES Meeting of the Prosper Town Council Prosper Town Hall Council Chambers 200 S. Main Street Prosper, TX 75078 Tuesday, October 23, 2018 Item 5a Page 2 of 8 County polling location during Early Voting, and at Fire Station 2 on Election Day. More information is available on the Collin County and Denton County websites. The Prosper Police and Fire Departments will host a Drug Take-Back Event on Saturday, October 27. Residents may drop off unused or unwanted prescription and over-the- counter drugs. The initiative provides a safe, responsible way for residents to help keep unused, expired, or unwanted drugs off the streets and out of our water supply. The Prosper Police Department will host “Coffee with a Cop” on October 29 from 8:00 – 10:00 a.m. at Whataburger on Preston Road. Residents are invited to join the Prosper Police Officers for an informal conversation, and ask questions about local police efforts in Prosper. Children are welcome to attend. The Prosper Parks and Recreation Department will hold its second annual Arbor Day Celebration on Saturday, November 3, at 9:00 a.m., at Pecan Grove Park. The morning will include a Town proclamation and remarks by local dignitaries and the Parks and Recreation Board. The celebration will include a Prosper Boy Scout Troop and Girl Scout Troop, who will plant trees in the park to commemorate the day. 4. Presentations. • Presentation of the 2018 Certified Scenic City - Silver Designation to members of the Prosper Parks and Recreation Department. (DR) Members of the Parks & Recreation staff, Planning Staff, Engineering Staff, and Health/Code Compliance staff were present to receive the award. • Presentation of a Proclamation to members of the Prosper Police Department declaring October 23-31, 2018, as Red Ribbon Week, in support of community efforts to raise awareness and prevent substance abuse. (DK) Mayor Smith presented the Proclamation to members of the Police Department and Fire Department. • Presentation on Opening of New Town Hall. (RB) Mayor Smith and the Town Council presented a gift to Fire Marshal Bryan Ausenbaugh, who has served as the Project Manager for the Town Hall and Library project. 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 meetings. (RB) • Regular Meeting – October 9, 2018 • Special Called Meeting – October 15, 2018 Item 5a Page 3 of 8 5b. Consider and act upon canceling the December 25, 2018, Regular Town Council meeting. (RB) 5c. Receive the August Financial Report. (KN) 5d. Consider and act upon Resolution No. 18-90 accepting and approving the 2018 Tax Roll. (KN) 5e. Conduct a Public Hearing, and consider and act upon a request to rezone a portion of Planned Development-17 (PD-17) to Planned Development- Office/Retail (PD-O/R) and to rezone Single Family-15 (SF-15) to Planned Development-Office (PD-O), on 15.2± acres, located on the southwest corner of Broadway Street and Preston Road. (Z18-0007). (AG) 5f. Conduct a Public Hearing, and consider and act upon an ordinance for a Specific Use Permit for Wireless Communication facilities, on 1.6± acres, located on the Prosper Trail Elevated Storage Tank site, north of Prosper Trail, east of Shasta Lane. The property is zoned Planned Development-70 (PD-70). (S18-0008). (AG) 5g. 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) Councilmember Korbuly made a motion and Councilmember Hodges 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. Mary Hammack, 261 Columbia Court, Prosper, thanked the Council for approving a resolution on October 15, 2018, opposing TxDOT’s US 380 Bypass Option B. The neighbors of Whitley Place presented the Council with gift baskets of homemade cookies in appreciation. Michael Duck, 850 Rustic Lane, Prosper, spoke regarding the noise and debris created by the fireworks at the Pumpkinfest event in Frontier Park over the weekend. 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 Item 5a Page 4 of 8 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 resolution establishing the Town of Prosper Property Assessed Clean Energy Program (“Town of Prosper PACE”) and finding that financing qualified projects through contractual assessments pursuant to the PACE Act is a valid public purpose. (CS) Chuck Springer, Executive Director of Administrative Services, presented this item before the Town Council. The PACE program allows local governments to establish programs that enable commercial, industrial, agricultural, nonprofit, and multifamily property owners to voluntarily tie the obligation to repay the cost of energy and water efficiency improvements to their property with a property assessment. The PACE program is a voluntary tool that enables owners to lower their operating costs and pay for eligible improvements with the savings generated, taking advantage of affordable, long-term financing provided by private capital providers. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. Councilmember Andres made a motion and Councilmember Korbuly seconded the motion to adopt Resolution No. 18-91 establishing the Town of Prosper Property Assessed Clean Energy Program (“Town of Prosper PACE”) and finding that financing qualified projects through contractual assessments pursuant to the PACE Act is a valid public purpose. The motion was approved by a vote of 6-0. 8. Presentation of service plan and first Public Hearing to consider the voluntary annexation of 9.1± acres, generally located on the north side of Prosper Trail, 1,100± feet west of Custer Road. (A18-0001). (AG) Planning Manager Alex Glushko presented this item before the Town Council. In 2014, the Town extended the five-year Annexation Agreement with the property owner of the subject property. In December 2017, the property was sold to Chinmaya Mission DFW. In September 2018, Chinmaya Mission DFW, submitted a petition to be voluntarily annexed by the Town, indicating an intent to develop the subject property in the future. This is the first of two required Public Hearings. The second Public Hearing, including the ordinance completing the annexation process, is scheduled for the November 13, 2018, Town Council meeting. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. No further action was taken. 9. Conduct a Public Hearing, and consider and act upon a request to rezone a portion of Planned Development-65-Single Family (PD-65-SF) and a portion of Planned Development-65-Commercial (PD-65-C) to Planned Development-Commercial (PD- Item 5a Page 5 of 8 C), to allow for development of new automobile sales and leasing dealerships (El Dorado Motors), on 17.8± acres, located on the north side of US 380, west of Mahard Parkway. (Z18-0011). (AG) Planning Manager Alex Glushko presented this item before the Town Council. The purpose of the proposed PD is to allow for development of two new automobile sales and leasing dealerships (El Dorado Motors). Two buildings, 40,000 square feet and 50,000 square feet, are proposed with a different dealership occupying each building. The proposed brands of the dealerships are not known at this time. Some of the previous recommendations from the Planning & Zoning Commission and the Executive Development Team (EDT) have been incorporated into the proposed item. Matt Moore of Claymoore Engineering, representing the applicant, spoke in support of the item, stating that the proposed development regulations for this project are very similar to other projects he has done in the past. Mayor Smith opened the Public Hearing. Clint Richardson, representing the landowner adjacent to the north side of the property, spoke in support of the project. With no one else speaking, Mayor Smith closed the Public Hearing. After discussion, Councilmember Korbuly made a motion and Councilmember Andres seconded the motion to approve a request to rezone a portion of Planned Development- 65-Single Family (PD-65-SF) and a portion of Planned Development-65-Commercial (PD- 65-C) to Planned Development-Commercial (PD-C), to allow for development of new automobile sales and leasing dealerships (El Dorado Motors), on 17.8± acres, located on the north side of US 380, west of Mahard Parkway. The motion was approved by a vote of 6-0. 10. Conduct a Public Hearing, and consider and act upon a request for a Specific Use Permit for a Wireless Communication and Support Structure, on 0.5± acre, located in Frontier Park, on the south side of Frontier Parkway, south and west of Stadium Drive. (S18-0007). (AG) (Companion to Item 11) DEPARTMENT ITEMS: 11. Consider and act upon authorizing the Town Manager to execute a Tower Site Lease Agreement by and between the Town of Prosper, Texas, and New Cingular Wireless PCS, LLC, for the lease of Town property, generally located at 1551 Frontier Parkway in Frontier Park, for a cell tower. (CS) (Companion to Item 10) Mayor Smith opened Items 10 and 11 concurrently. Planning Manager Alex Glushko presented this item before the Town Council. The purpose of this request is to allow for a Wireless Communication & Support Structure in Frontier Park. The applicant is proposing to remove an existing 80-foot light pole that illuminates soccer fields and replace it with a 115-foot support structure for wireless antennas and affix lights at a point 80 feet high on the support structure. A 10-foot tall masonry enclosure, constructed of brick and stone consistent with other structures in Item 5a Page 6 of 8 Frontier Park, is proposed to screen the ground equipment used in conjunction with the wireless communication facility. Mayor Smith opened the Public Hearing. Jack Dixon, 810 Long Valley Court, Prosper, spoke in opposition to the item, stating that the masonry enclosure would be unsightly in the park. He suggested the Town try to locate the tower in the industrial area south of Prosper Trail. Ken Weaver did not wish to speak, but submitted a comment card in opposition to the item. He suggested the Town attempt to locate the tower in the industrial area south of Prosper Trail. Dev Khosla, 871 Waterview Drive, Prosper, spoke in opposition to the item, noting that the tower would be too close to a residential neighborhood. He encouraged the Council to find an alternate location. John Herring, 1550 Havenbrook Lane, Prosper, asked whether the tower would support more than one carrier. Mr. Glushko and David Prejean with AT&T confirmed that the tower is intended for only one carrier. Michael Duck, 850 Rustic Lane, Prosper, spoke in opposition to the item. He also requested that more information be provided on items regarding Public Hearings, so residents may be more informed. Geniya Talsky, 520 Evening Sun Drive, spoke in opposition to the item, noting some research that has indicated negative health effects related to cell towers, and a potential negative impact on property values. Jeremiah Whistler, 851 Waterview Drive, Prosper, spoke in opposition to the item. He asked the Council to consider another location. With no one else speaking, Mayor Smith closed the Public Hearing. Chuck Springer, Executive Director of Administrative Services, continued the presentation on Item 11. New Cingular Wireless PCS, LLC, approached Town staff to discuss a cell tower at Frontier Park in conjunction with a light pole. The Tenant is only leasing the 600- square-foot portion of the property, and they will be responsible for building and maintaining the cell tower. The tower will be replacing an existing light pole at the park. The new tower will contain lighting with cellular antennas above the lighting. The Council discussed the location of the pole and the masonry structure, and the health concerns raised by residents. Town Attorney Terry Welch stated that state law prevents the Council from using health concerns as a condition for denial. David Prejean, representing the applicant, AT&T, responded to questions from the Council. He stated that Frontier Park was the location recommended by staff, since it is in the optimal location for maximum coverage. The Council encouraged Mr. Prejean to pursue locating the tower on the future PISD football stadium site. Mr. Prejean agreed, but stated that pursuing a new location could delay installation of the tower by another 4-6 months. Item 5a Page 7 of 8 After discussion, Councilmember Miller made a motion and Deputy Mayor Pro-Tem Dixon seconded the motion to table Items 10 and 11 to the November 27, 2018, Town Council meeting. The motion was approved by a vote of 6-0. 12.Consider and act upon a revised Façade Plan for a retail multi-tenant building in Shops at Prosper Trail, located on the southeast corner of Preston Road and St. Peter Lane. The property is zoned Planned Development-68 (PD-68). (D17-0070). (AG) Planning Manager Alex Glushko presented this item before the Town Council. The Façade Plan was approved by the Town Council on January 9, 2018. The applicant has submitted revised elevations to reflect the intended construction of the building. While the revised elevations match the approved elevations with regard to building materials, the applicant has proposed to modify the north elevation by reducing the number of entrances and shifting the center vertical store front to the left to address the needs of future tenants. Don Silverman, the developer, addressed the Council stating that the towers on the roof would be fully wrapped. After discussion, Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Miller seconded the motion to approve a request for approval of a Façade Plan for a retail/office building in Shops at Prosper Trail, Lot 9, located on the southeast corner of Preston Road and St. Peter Lane, with the wrapping of the towers on the proposed south elevation. The motion was approved by a vote of 6-0. 13.Consider and act upon a Subdivision Waiver for Lots 8-10, Block A, of the Westfork Crossing Addition, being 97.5± acres, located on the northwest corner of US 380 and Gee Road. The property is zoned Commercial (C), Specific Use Permit-24 (S- 24), Specific Use Permit-26 (S-26), and Specific Use Permit-27 (S-27). (D18-0025). (AG) Planning Manager Alex Glushko presented this item before the Town Council. The Conveyance Plat for the Westfork Crossing Addition was originally approved by the Planning & Zoning Commission on August 2, 2016. At that time all lots had street frontage. Since that time a revised Preliminary Site Plan and Conveyance Plat have been submitted showing three lots without street frontage. The Subdivision Ordinance allows the Town Council to consider such configurations for non-residential development, where adequate access easements have been provided. Councilmember Hodges made a motion and Deputy Mayor Pro-Tem Dixon seconded the motion to approve a request for a Subdivision Waiver to allow for lots without street frontage in the Westfork Crossing Addition, located on the northwest corner of US 380 and Gee Road. The motion was approved by a vote of 6-0. 14.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: 14a. Section 551.087 – To discuss and consider economic development incentives. Item 5a Page 8 of 8 14b. 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 7:46 p.m. Councilmember Andres left the meeting at 8:30 p.m. 15. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 9:00 p.m. No action was taken as a result of Executive Session. 16. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Agenda Briefings. (HJ) Town Manager Harlan Jefferson proposed holding Agenda Briefing meetings prior to the Regular Town Council meetings, beginning on November 13, 2018. The Agenda Briefings would be held in the Executive Conference Room starting at 5:45 p.m., immediately followed by the Regular Town Council meetings starting at 6:15 p.m. Both meetings would be open to the public. The Council concurred with the proposal. 17. Adjourn. The meeting was adjourned at 9:05 p.m., on Tuesday, October 23, 2018. These minutes approved on the 13th day of November 2018. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 5a Page 1 of 1 To: Mayor and Town Council From: Kelly Neal, CGFO, CPM, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 13, 2018 Agenda Item: Consider and take action upon a resolution expressing official intent to reimburse costs of Town capital improvement program projects that may be funded with proceeds of bonds or other obligations, if those costs are paid prior to the issuance of such bonds or other obligations. Description of Agenda Item: The attached resolution allows the Town to pay for the projects listed in the Fiscal Year 2018- 2019 CIP, including costs associated with the construction of street improvements ($5,580,996), park improvements ($550,000), design and construction of a public safety facility ($12,000,000), water and wastewater infrastructure ($8,157,313), storm drainage system improvements ($550,000), and the related infrastructure improvements. The resolution provides for up to $27,000,000 in capital project expenditures and debt issuance costs. Budget Impact: The reimbursement resolution itself has no budget impact; repayment of the expenditures will be included in the debt service portion of the tax rate after the bonds are issued. Initial funding for the work will come from the Capital Projects Fund. Legal Obligations and Review: Dan Culver of McCall, Parkhurst and Horton, the Town’s bond counsel, reviewed the resolution as to form and legality. Attached Documents: 1. Resolution 2.Fiscal Year 2018-2019 CIP Town Staff Recommendation: Town staff recommends the Town Council approve the reimbursement resolution. Recommended Motion: I move to approve the resolution expressing official intent to reimburse costs of Town capital improvement program projects that may be funded with proceeds of bonds or other obligations, if those costs are paid prior to the issuance of such bonds or other obligations. Prosper is a place where everyone matters. FINANCE DEPARTMENT Item 5b TOWN OF PROSPER, TEXAS RESOLUTION NO. 18-__ RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF TOWN FISCAL YEAR 2018-2019 CAPITAL IMPROVEMENT PROGRAM PROJECTS WHEREAS, the Town of Prosper, Texas (the "Issuer") is a duly created governmental body of the State of Texas; and WHEREAS, the Issuer expects to pay, or have paid on its behalf, expenditures in connection with the design, planning, acquisition and construction of portions of its Fiscal Year 2018-2019 capital improvement program projects, including costs associated with the construction of street improvements, park improvements, public safety facilities, water and wastewater infrastructure, storm drainage system improvements, and other related infrastructure improvements (collectively, the "Project") prior to the issuance of tax-exempt obligations, tax-credit obligations and/or obligations for which a prior expression of intent to finance or refinance is required by Federal or state law (collectively and individually, the "Obligations") to finance the Project; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention to reimburse itself for such payments at such time as it issues Obligations to finance the Project; THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The Issuer reasonably expects to incur debt, as one or more series of Obligations, with an aggregate maximum principal amount equal to $27,000,000 for the purpose of paying the costs of the Project. SECTION 2 All costs to be reimbursed pursuant hereto will be capital expenditures. No Obligations will be issued by the Issuer in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. SECTION 3 The foregoing notwithstanding, no Obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 4 The foregoing Sections 2 and 3 notwithstanding, all costs to be reimbursed with qualified tax credit obligations shall not be paid prior to the date hereof and no tax credit obligations shall be issued after 18 months of the date the original expenditure is made. Item 5b Resolution No. 18-__, Page 2 SECTION 5 To evidence the adoption of this Resolution on this, the 13th day of November, 2018 by the Town Council of the Issuer, the signatures of the Town Secretary and Mayor are set forth below. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THIS 13TH DAY OF NOVEMBER, 2018. _________________________________ Ray Smith, Mayor ATTEST: ___________________________________ Robyn Battle, Town Secretary Item 5b "A Place Where Everyone Matters" FISCAL YEAR 2016-2017 CAPITAL IMPROVEMENT PROGRAM Item 5b TOWN OF PROSPER WA - Water Projects CAPITAL IMPROVEMENT PROGRAM Summary of Five-Year Capital Improvement Program ST - Street Projects TR - Traffic Projects PK - Park Projects FC - Facility Projects WW - Wastewater Projects DR - Drainage Projects Item 5b Total Issued Debt Unissued Debt Unissued Debt Reimbursement Prior Years 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Cost Authorized Authorized Unauthorized Resolution 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 01 1412-ST Downtown Enhancements (Broadway) 200,000 2,365,959 2,565,959 2,320,686 D 245,589 01 02 1512-ST First Street (DNT - Coleman) 1,076,000 8,000,000 9,076,000 1,076,000 A, D 8,000,000 8,000,000 02 03 1507-ST West Prosper Road Improvements 6,000,000 6,781,000 3,100,000 15,881,000 9,516,000 B,C 4,265,000 2,100,000 2,100,000 03 04 1622-ST Main Street (First - Broadway) 625,000 625,000 400,000 E 225,000 04 05 Gates of Prosper, TIRZ No. 1 (Richland, Lovers Lane, Detention) 1,214,388 2,079,632 2,532,536 5,826,556 5,826,556 H 05 06 Matthews Southwest, TIRZ No. 2 188,352 440,601 628,953 628,953 J 06 07 1511-ST Prosper Trail (Kroger - Coit) 305,000 4,457,308 4,762,308 4,557,000 A,D 205,308 07 08 1721-ST Windsong Road Repairs, Phase 1 & 2 Acacia Parkway (Gee Road - Windsong Parkway) 1,022,782 1,022,782 1,022,782 D 08 09 1812-ST Windsong Road Repairs (Uretek) 920,000 920,000 920,000 D,Z 09 10 1817-ST Windsong Road Repairs, Phase 3 710,000 710,000 710,000 710,000 10 11 US 380 (Denton County Line - Lovers Lane) 59,000,000 59,000,000 59,000,000 X 11 12 1709-ST Prosper Trail (Coit - Custer) - 4 lanes 610,000 200,000 11,755,000 12,565,000 810,000 A 11,755,000 11,755,000 12 13 1710-ST Coit Road (First - Frontier) - 4 lanes 689,900 600,000 14,000,000 15,289,900 1,289,900 A 14,000,000 14,000,000 13 14 1307-ST Frontier Parkway (BNSF Overpass) 20,345,000 2,210,000 22,555,000 20,375,000 A,X 949,004 720,996 510,000 365,000 1,230,996 14 15 DNT Southbound Frontage Road 17,000,000 17,000,000 17,000,000 X 15 16 Teel Parkway (DCFWSD#10), Phase 2 1,000,000 1,000,000 1,000,000 X 16 17 1513-ST Old Town Streets 2015 (Fifth, McKinley) 1,000,000 1,000,000 1,000,000 1,000,000 17 18 1803-ST Fifth Street (Coleman - Church) 375,000 375,000 375,000 375,000 18 19 1804-ST Third Street (Main - Coleman) 250,000 250,000 250,000 250,000 19 20 1701-ST Eighth Street (Church - PISD Admin) 260,000 260,000 260,000 260,000 20 21 1702-ST Field Street (First - Broadway) 250,000 250,000 250,000 250,000 21 22 1708-ST E-W Collector (Cook Lane - DNT); design done w/ Cook Lane 125,000 1,250,000 1,375,000 1,375,000 A 22 23 1820-ST First (DNT Intersection Improvements) 150,000 1,250,000 1,400,000 1,400,000 D 23 24 1823-ST Victory Way (Coleman - Frontier) - 2 lanes of 4 lane ultimate 250,000 2,250,000 2,500,000 250,000 D 385,000 1,865,000 2,250,000 24 25 1830-ST Prosper Trail (DNT Intersection Improvements) 75,000 75,000 75,000 A 25 26 1831-ST First Street/BNSF RR Overpass Study 40,000 40,000 40,000 D 26 27 1832-ST Prosper Trail/BNSF RR Overpass Study 40,000 40,000 40,000 D 27 28 1824-ST Fishtrap (Teel Intersection Improvements) 150,000 1,350,000 1,500,000 150,000 D 1,350,000 1,350,000 28 29 1708-ST Cook Lane (First - End) 150,000 2,100,000 2,250,000 150,000 A 2,100,000 2,100,000 29 30 1825-ST Coleman Street (Gorgeous - Prosper Trail) - 4 lanes 375,000 2,125,000 2,500,000 375,000 D 2,125,000 2,125,000 30 31 FM 2478 (US 380 - FM 1461) 80,000 169,000 69,000 56,500,000 56,818,000 56,818,000 A,X 31 32 Coleman Street (at Prosper HS) 700,000 700,000 700,000 C 32 33 1908-ST Fifth Street (Parvin - Craig) 400,000 400,000 400,000 D 33 34 1908-ST Lane Street (First - Third) 225,000 225,000 225,000 D 34 35 1908-ST North Street (Seventh - Eighth) 175,000 175,000 175,000 D 35 36 1908-ST Pecan Street (First - End) 200,000 200,000 200,000 D 36 37 Craig Street (Preston - First) 750,000 750,000 750,000 750,000 37 38 Craig Street (First - Broadway) 350,000 350,000 350,000 350,000 38 39 Craig Street (Broadway - Fifth) 200,000 200,000 200,000 200,000 39 40 DNT Overpass at US380 8,000,000 92,000,000 100,000,000 96,000,000 D,J, X 4,000,000 4,000,000 40 41 US 380 (US 377 - Denton County Line) 129,728,061 129,728,061 129,728,061 X 41 42 DNT Main Lane (US 380 - FM 428) 87,500,000 262,500,000 350,000,000 350,000,000 X 42 43 Crown Colony (Meadow Run - Bradford) 465,000 465,000 53,816 411,184 465,000 43 44 Crown Colony (Bradford - High Point) 500,000 500,000 500,000 500,000 44 45 Ridgewood (Hays - Crown Colony) 560,000 560,000 560,000 560,000 45 46 Waterwood (Ridgewood - End) 150,000 150,000 150,000 150,000 46 47 Colonial (Ridgewood - End)150,000 150,000 150,000 150,000 47 48 Shady Oaks Lane (Ridgewood - End)150,000 150,000 150,000 150,000 48 49 Riverhill (Ridgewood - End)150,000 150,000 150,000 150,000 49 50 Plymouth Colony (Bradford - High Point)400,000 400,000 400,000 400,000 50 51 Plymouth Colony Circle (Plymouth Colony - End)200,000 200,000 200,000 200,000 51 52 Prestonview (Hays - Betts)750,000 750,000 750,000 750,000 52 53 Betts Lane (Prestonview - High Point)250,000 250,000 250,000 250,000 53 54 High Point Drive (Hays - Betts)725,000 725,000 725,000 725,000 54 55 West Yorkshire Drive (High Point - Bradford)250,000 250,000 250,000 250,000 55 56 Bradford Drive (West Yorkshire-Plymonth Colony)600,000 600,000 600,000 600,000 56 57 Chandler Circle (Preston Road-Hays)700,000 700,000 700,000 700,000 57 58 1703-ST Parvin Road (Good Hope - FM 1385) 270,000 270,000 270,000 270,000 58 59 1704-ST Pasewark (Preston - Hickory) 400,000 400,000 400,000 400,000 59 60 FM 1461 (SH 289 - CR 165) 53,000,000 53,000,000 53,000,000 X 60 61 Coleman Street (Prosper Trail - Preston) - 4 lanes 6,000,000 6,000,000 700,000 A 5,300,000 5,300,000 61 62 Fishtrap (Teel - DNT) - 4 lanes 13,500,000 13,500,000 1,250,000 A 12,250,000 12,250,000 62 63 Teel Parkway (US 380 - Fishtrap) - Add 2 lanes to make 4 4,500,000 4,500,000 500,000 A 4,000,000 4,000,000 63 69,908,640 60,162,282 15,791,536 12,819,000 278,228,061 87,500,000 0 382,050,000 906,459,519 819,293,938 5,889,901 4,594,812 76,681,184 365,000 2,845,000 5,580,996 8,750,000 0 0 0 64,100,000 A Impact Fees G Park Development Fund B Grant and Interlocal Funds H TIRZ #1 C Developer Agreements J TIRZ #2 D General Fund K Escrows E Water / Wastewater Fund X Non-Cash Contributions F Stormwater Drainage Fund Z Other Sources (See Detail) 01 I n d e x Unissued Debt Schedule Description Codes - Other Sources Funding Sources Other Sources Summary of Capital Improvement Program - 09/11 FINAL General Fund Projects I n d e x Street Projects Subtotal Item 5b Funding Sources Total Other Issued Debt Unissued Debt Unissued Debt Reimbursement Prior Years 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Cost Sources Authorized Authorized Unauthorized Resolution 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 01 1827-TR Median Lighting - US 380 (Denton County - Custer)485,000 485,000 485,000 D 01 02 Median Lighting - Coit Road (First - Frontier)1,000,000 1,000,000 1,000,000 D 02 03 Median Lighting - First Street (Craig - Coit)625,000 625,000 625,000 D 03 04 Median Lighting - Prosper Trail (Dallas Pkwy - Preston)825,000 825,000 825,000 D 04 05 Median Lighting - Prosper Trail (Preston - Coit 625,000 625,000 625,000 D 05 06 Traffic Signal - FM 1461 & Coit Rd 125,000 125,000 125,000 X 06 07 Traffic Signal - FM 1461 & FM 2478 (Custer Rd)125,000 125,000 125,000 X 07 08 Traffic Signal - FM 2478 (Custer Rd) & Prosper Trail 125,000 125,000 125,000 X 08 09 Traffic Signal - SH 289 & Coleman Rd 220,000 220,000 220,000 X 09 10 1909-TR Traffic Signal - Coit Rd & First Street 250,000 250,000 250,000 A 10 11 Traffic Signal - DNT & Frontier: (Collin County)400,000 400,000 400,000 X 11 12 Traffic Signal - DNT & Prosper Trail: (Collin County)400,000 400,000 400,000 X 12 13 Traffic Signal - Coit Rd & Richland Boulevard 250,000 250,000 250,000 A 13 14 Traffic Signal - Fishtrap & Gee Road 250,000 250,000 250,000 A 14 15 Traffic Signal - Fishtrap & Teel Parkway 250,000 250,000 250,000 A 15 16 Traffic Signal - Fishtrap & Windsong Parkway 250,000 250,000 250,000 A 16 17 Traffic Signal - FM 1385 & Fishtrap 125,000 125,000 125,000 X 17 18 Traffic Signal - SH 289 & Lovers Lane 220,000 220,000 220,000 H 18 595,000 1,535,000 1,345,000 0 0 0 3,075,000 6,550,000 6,550,000 0 0 0 0 0 0 0 Funding Sources Total Other Issued Debt Unissued Debt Unissued Debt Reimbursement Prior Years 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Cost Sources Authorized Authorized Unauthorized Resolution 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Neighborhood Park 01 1806-PK Star Trail Park #1 (7.5 Acres / No Lights)985,000 985,000 985,000 C, G 01 02 Lakewood Preserve (22 Acres / No Lights)483,000 483,000 966,000 966,000 C 02 03 1802-PK Hays Park (2 Acres / No Lights)50,000 300,000 350,000 350,000 G 03 04 Prairie Park (6.7 Acres / No Lights)300,000 300,000 300,000 C 04 05 Tanners Mill Park 468,000 500,000 968,000 468,000 C 500,000 500,000 05 06 Town Hall Open Space Park 55,000 2,000,000 2,055,000 55,000 D 2,000,000 2,000,000 07 Pecan Grove Irrigation (21.5 Acres / No Lights)75,000 75,000 75,000 D 07 08 Star Trail Park #2 (7.5 Acres / No Lights)1,393,000 1,393,000 535,000 C 858,000 858,000 08 09 Windsong Ranch Neighborhood Park #2 (7.5 Acres / No Lights)1,100,000 1,100,000 510,000 C, G 590,000 590,000 09 10 Pecan Grove Phase 2 (21.5 Acres / No Lights) (basketball, pavilion, parking, security lighting) 67,500 675,000 742,500 250,000 G 492,500 67,000 425,500 10 11 Park Operations Park (Convert area where Ops is into park) (17 Acres / No Lights) 50,000 425,000 475,000 475,000 50,000 425,000 11 12 Windsong Ranch Neighborhood Park #3 (7.5 Acres / No Lights)1,200,000 1,200,000 260,000 C 940,000 940,000 12 13 Star Trail Park #3 7.5 Acres / No Lights)1,160,000 1,160,000 785,000 C, G 375,000 375,000 13 14 Cedar Grove Park Phase 2 (9.8 Acres / No Lights)300,000 300,000 300,000 300,000 14 15 1303-PK Cockrell Park (8.4 Acres / No Lights)90,000 1,012,640 1,102,640 90,000 G 1,012,640 1,012,640 15 Trails 16 1801-PK Whitley Place H&BTrail Extension 70,000 500,000 570,000 70,000 G 500,000 500,000 16 17 Windsong H&B Trail Phases 3C,5,6A, 6B, 7, 8, and 9.450,524 450,524 450,524 450,524 450,524 2,252,620 2,252,620 C 17 18 1910-PK Hike and Bike Master Plan 35,000 35,000 35,000 D 18 19 1911-PK Pecan Grove H&B Trail 30,000 410,000 440,000 250,000 G 190,000 190,000 19 20 Star Trail H&B Trail Phases 1, 2, 3, and 4.100,000 100,000 1,000,000 1,200,000 1,200,000 C 20 21 Whitley Place H&B Trail (Power line Easement)280,000 280,000 280,000 280,000 21 22 H&B Trail Heads / H&B Trail Gateways 100,000 100,000 500,000 700,000 700,000 100,000 100,000 500,000 22 23 Future unnamed H&B Trail 1,000,000 1,000,000 1,000,000 1,000,000 23 Community Park 24 1603-PK Frontier Park - North Field Improvements (17 Acres / Lights)11,360,815 31,195 11,392,010 1,834,590 B,G 9,557,420 24 25 1808-PK West Park Land (200 Acres / Lights)50,000 50,000 50,000 D 25 26 Town Lake Improvements (24 Acres / Lights)15,000 300,000 315,000 315,000 15,000 300,000 26 27 Sexton Park (69 Acres / Lights) (Sports Fields)7,650,000 7,650,000 7,650,000 7,650,000 27 28 Sexton Park Phase 2 (Lights) (Additional Sports Fields)15,000,000 15,000,000 15,000,000 15,000,000 28 29 Windsong Ranch Community Park (51 Acres / Lights)17,000,000 17,000,000 17,000,000 17,000,000 29 30 Prosper Center Community Park ( 30 Acres / no lights)15,000,000 15,000,000 15,000,000 15,000,000 30 31 Star Trail Park Community Park (30 Acres / Lights)15,000,000 15,000,000 15,000,000 15,000,000 31 Medians 31 1417-PK Richland Boulevard Median Landscaping 5,000 170,000 175,000 175,000 D 31 32 1723-PK Highway 289 Gateway Monument 250,000 250,000 250,000 D 32 33 1818-PK Additional Turf Irrigation SH 289 80,000 80,000 80,000 D 33 34 1813-PK SH 289/US 380 Green Ribbon Landscape Irrigation 750,000 750,000 750,000 B 34 11,455,815 1,464,719 4,156,524 4,291,024 1,475,524 3,835,524 0 75,632,640 102,311,770 12,576,210 9,557,420 0 80,178,140 0 0 500,000 1,910,000 1,905,500 1,400,000 0 74,462,640 Funding Sources Total Other Issued Debt Unissued Debt Unissued Debt Reimbursement Prior Years 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Cost Sources Authorized Authorized Unauthorized Resolution 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 01 1402-FC Town Hall - Professional Services 2,040,695 200,000 2,240,695 1,861,500 379,195 1,250,000 379,195 01 02 1514-ST Town Hall - Offsite Infrastructure 1,307,400 1,307,400 32,400 F 1,275,000 02 03 1601-FC Town Hall - Construction 19,597,691 457,454 20,055,145 65,454 Z 9,537,959 10,517,186 10,451,732 03 04 1714-FC Town Hall - Furniture, Fixtures, and Equipment 1,362,000 1,362,000 1,362,000 1,362,000 04 05 1713-FC Police Station and Dispatch - Professional Services 75,000 1,000,000 385,000 1,460,000 75,000 D 1,000,000 385,000 1,000,000 385,000 05 06 1904-FC Police Station and Dispatch - Development Costs 850,000 850,000 850,000 850,000 06 07 1905-FC Police Station and Dispatch - Construction 10,765,000 10,765,000 10,765,000 10,765,000 07 08 1906-FC Police Station and Dispatch - Furniture, Fixtures, and Equipment 1,500,000 1,500,000 1,500,000 D 08 09 1809-FC Parks Operations and Public Works Complex 3,650,000 10,900,000 14,550,000 2,750,000 E, G 900,000 10,900,000 900,000 10,900,000 09 10 Westside Radio Tower for Public Safety 500,000 500,000 500,000 500,000 10 11 Central Fire Station Administration 2,546,000 2,546,000 2,546,000 2,546,000 11 12 Central Fire Station, Phase II (Bunk Gear Climate Storage)850,000 850,000 850,000 850,000 12 13 Eastside Fire Station 5,625,000 5,625,000 5,625,000 5,625,000 13 14 1901-EQ Ladder Truck 1,650,000 1,650,000 1,650,000 D 1,650,000 14 15 Recreation Center 15,000,000 15,000,000 15,000,000 15,000,000 15 16 Senior Facility 9,000,000 9,000,000 9,000,000 9,000,000 16 24,382,786 5,307,454 15,150,000 500,000 0 0 0 43,921,000 89,261,240 6,072,854 12,674,459 1,900,000 68,679,381 1,250,000 14,092,927 12,000,000 500,000 0 0 0 45,571,000 105,747,241 67,529,455 36,633,060 18,955,024 279,703,585 91,335,524 0 504,678,640 1,104,582,529 844,493,002 28,121,780 6,494,812 225,538,705 1,615,000 16,937,927 18,080,996 11,160,000 1,905,500 1,400,000 0 184,133,640 I n d e x I n d e x I n d e x Unissued Debt Schedule Unissued Debt Schedule Unissued Debt Schedule 02 Subtotal I n d e x Park Projects I n d e x Facility Projects Subtotal Grand Total General Fund Subtotal I n d e x Summary of Capital Improvement Program - 09/11 FINAL General Fund Projects Traffic Projects Item 5b Funding Sources Total Other Issued Debt Unissued Debt Unissued Debt Reimbursement Prior Years 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Cost Sources Authorized Authorized Unauthorized Resolution 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 01 1508-WA BNSF Railroad PRV's 175,000 175,000 175,000 01 02 1719-WA Custer Road Pump Station Expansion (Additional Pump)134,100 829,350 963,450 963,450 A 02 03 1822-WA Glennbrooke Water Meter PRV's 407,200 407,200 407,200 03 04 1715-WA Fishtrap Elevated Storage Tank Site Acquisition 300,000 300,000 300,000 A 04 05 1902-WA Custer Road Meter Station and Water Line Relocations 290,325 1,905,200 2,195,525 2,195,525 E 05 06 1715-WA Fishtrap Elevated Storage Tank (South)325,700 5,415,000 5,740,700 2,825,700 A 2,915,000 2,707,500 207,500 06 07 1716-WA Water Supply Line Phase 1 829,850 2,000,000 7,694,479 10,524,329 829,850 A 1,044,854 8,649,625 4,324,813 4,324,813 07 08 1716-WA Water Supply Line Phase 1 Easement Costs 1,941,500 2,200,000 4,141,500 2,200,000 A 1,941,500 1,941,500 08 09 1501-WA Lower Pressure Plane Pump Station and Transmission Line 185,100 1,250,000 14,250,000 15,685,100 4,127,081 A 58,019 11,500,000 1,250,000 5,125,000 5,125,000 09 10 1810-WA LPP Phase 2 Pipeline Easement Costs 1,487,150 1,487,150 1,487,150 A 10 11 1708-WA E-W Collector (Cook Lane - DNT) Water Line 250,000 250,000 250,000 E 11 12 1708-WA Cook Lane (First - End)400,000 400,000 400,000 E 12 13 1513-WA Old Town Streets 2015 (Fifth, McKinley) 350,000 350,000 350,000 E 13 14 Lower Pressure Plane Future Expansion (2025)14,000,000 14,000,000 14,000,000 14,000,000 14 1,649,750 7,078,050 17,336,954 16,555,200 0 0 0 14,000,000 56,619,954 15,928,756 0 1,685,073 0 39,006,125 0 10,223,813 4,532,313 5,125,000 5,125,000 0 0 14,000,000 Funding Sources Total Other Issued Debt Unissued Debt Unissued Debt Reimbursement Prior Years 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Cost Sources Authorized Authorized Unauthorized Resolution 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 01 Gates of Prosper, TIRZ No. 1 (Middle Doe Branch Line) 5,764,238 38,644 0 5,802,882 5,802,882 H 01 02 Matthews Southwest, TIRZ No. 2 (Lower Doe Branch Line) 1,166,922 166,492 0 1,333,414 1,333,414 J 02 03 1834-WW Public Works WWTP Decommission 65,000 900,000 965,000 965,000 A,E 03 04 1907-WW Doe Branch WWTP 0.25 MGD Expansion (2018)3,625,000 3,625,000 3,625,000 3,625,000 04 05 1903-WW Church / Parvin Wastewater Reconstruction 100,000 100,000 100,000 E 05 06 Doe Branch Parallel Interceptor (2021)5,000,000 5,000,000 5,000,000 5,000,000 06 07 Doe Branch WWTP 1.5 MGD Expansion (2024)24,190,495 24,190,495 24,190,495 24,190,495 07 6,931,161 270,136 4,625,000 0 5,000,000 0 0 24,190,495 41,016,791 8,201,296 0 0 32,815,495 0 0 3,625,000 0 5,000,000 0 0 24,190,495 Funding Sources Total Other Issued Debt Unissued Debt Unissued Debt Reimbursement Prior Years 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Cost Sources Authorized Authorized Unauthorized Resolution 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 01 1717-DR Old Town Drainage - First & Main Trunk Main 800,000 800,000 800,000 01 02 1616-DR Old Town Drainage - McKinley & Broadway Trunk Main 600,000 600,000 600,000 02 03 1614-DR Coleman Street Channel Improvements 17,500 290,979 308,479 17,500 F 290,979 03 04 1613-DR Old Town Drainage - Church & Parvin Drainage Impr.40,000 460,000 500,000 40,000 F 460,000 04 05 1718-DR Old Town Regional Retention - Broadway (Design & Constr.)25,000 216,149 550,000 791,149 241,149 550,000 550,000 05 06 1615-DR Old Town Regional Detention/Retention - Land Acquisition 540,000 385,000 925,000 540,000 385,000 385,000 06 07 1811-DR Old Town Drainage - Fifth Street Trunk Main 400,000 400,000 400,000 07 08 Old Town Drainage - Detention Pond Improvements 1,000,000 1,000,000 1,000,000 1,000,000 08 2,022,500 216,149 1,700,979 0 385,000 0 0 1,000,000 5,324,628 57,500 3,332,128 0 1,935,000 0 0 550,000 0 385,000 0 0 1,000,000 10,603,411 7,564,335 23,662,933 16,555,200 5,385,000 0 0 39,190,495 102,961,373 24,187,552 5,017,201 0 73,756,620 0 10,223,813 8,707,313 5,125,000 10,510,000 0 0 39,190,495 A Impact Fees B Grant and Interlocal Funds C Developer Agreements D General Fund E Water / Wastewater Fund F Stormwater Drainage Fund G Park Development Fund H TIRZ #1 J TIRZ #2 K Escrows X Non-Cash Contributions Z Other Sources (See Detail) Funding Sources Total Other Issued Debt Unissued Debt Unissued Debt Reimbursement Prior Years 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Cost Sources Authorized Authorized Unauthorized Resolution 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 105,747,241 67,529,455 36,633,060 18,955,024 279,703,585 91,335,524 0 504,678,640 1,104,582,529 844,493,002 28,121,780 6,494,812 225,538,705 1,615,000 16,937,927 18,080,996 11,160,000 1,905,500 1,400,000 0 184,133,640 10,603,411 7,564,335 23,662,933 16,555,200 5,385,000 0 0 39,190,495 102,961,373 24,187,552 5,017,201 0 73,756,620 0 10,223,813 8,707,313 5,125,000 10,510,000 0 0 39,190,495 116,350,652 75,093,790 60,295,993 35,510,224 285,088,585 91,335,524 0 543,869,135 1,207,543,902 868,680,554 33,138,981 6,494,812 299,295,325 1,615,000 27,161,740 26,788,309 16,285,000 12,415,500 1,400,000 0 223,324,135 I n d e x 03 I n d e x Water Projects Summary of Capital Improvement Program - 09/11 FINAL Enterprise Fund Projects Grand Total Enterprise Funds Wastewater Projects Drainage Projects Summary of Capital Improvement Program - 09/11 FINAL Capital Improvement Program Summary I n d e x I n d e x I n d e x I n d e x Unissued Debt Schedule Unissued Debt Schedule I n d e x Grand Total Capital Improvement Program General Fund Enterprise Funds Unissued Debt Schedule Description Codes - Other Sources Subtotal Subtotal Capital Improvement Program Summary Subtotal Item 5b Page 1 of 2 To: Mayor and Town Council From: Chuck Springer, Executive Director of Administrative Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 13, 2018 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Service Agreement by and between the Town of Prosper, Texas, and the Texas Property Assessed Clean Energy Authority. Description of Agenda Item: The Texas legislature approved a new law in 2013 establishing the Property Assessed Clean Energy ACT (the “PACE Act”). The law allows local governments to establish PACE programs that enable commercial, industrial, agricultural, nonprofit, and multifamily property owners to voluntarily tie the obligation to repay the cost of energy and water efficiency improvements to their property with a property assessment. The PACE property assessment eliminates the current barriers to investment in maintaining property and allows the obligation to stay with the property and transfer to subsequent owners. The PACE program is a voluntary tool that enables owners to lower their operating costs and pay for eligible improvements with the savings generated, taking advantage of affordable, long-term financing provided by private capital providers. The Town Council approved a PACE program for the Town of Prosper at the October 23, 2018, Town Council meeting. This agreement with the Texas PACE Authority is to handle the application and approval process for a financing under this program as well as all ongoing management of outstanding loans under the program. The fees for the Texas PACE Authority services under this agreement are paid by the lender and the Town is not responsible for any payments under this agreement. Budget Impact: There is no cost to the Town for this service. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Attached Documents: 1.Professional Service Agreement Prosper is a place where everyone matters. TOWN MANAGER’S OFFICE Item 5c Page 2 of 2 Town Staff Recommendation: Town staff recommends the Town Council authorize the Town Manager to execute a Professional Service Agreement by and between the Town of Prosper, Texas, and the Texas Property Assessed Clean Energy Authority. Proposed Motion: I move to authorize the Town Manager to execute a Professional Service Agreement by and between the Town of Prosper, Texas, and the Texas Property Assessed Clean Energy Authority. Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Page 1 of 2 To: Mayor and Town Council From: Stuart Blasingame, Fire Chief Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 13, 2018 Agenda Item: Consider and act upon authorizing the Town Manager to accept a grant awarded by Texas Department of Public Safety (DPS) for Emergency Management Performance Grant (EMPG). Description of Agenda Item: DPS has awarded a grant for emergency preparedness resources purchased in FY 2017-2018 by the Town of Prosper. These items included an outdoor warning siren with upgraded software, dispatch communications software, cyber security enhancements, training and exercises, portable communications, software, and office supplies. The goal of this grant program is to enhance the ability of state, local, tribal, and territorial governments to prevent, protect against, mitigate, respond to, and recover from potential terrorist acts and other hazards. The EMPG program’s allowable costs support efforts to build and sustain core capabilities. The funding is a 50/50 cost share match, which was made in-kind from salaries paid to the emergency management coordinator. Budget Impact: Upon acceptance, the grant allocates $27,391.33 for emergency preparedness resources and other qualified expenses related to public safety during the performance period of October 1, 2017 to March 31, 2019. The Town’s match has already been acknowledged by the state through the required quarterly financial reports. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed as to form and legality. Attached Documents: 1.EMPG grant award letter 2.EMPG notice of grant award 3.EMPG award terms and conditions 4.EMPG reporting timeline Town Staff Recommendation: Town staff recommends Town Council to consider and act upon authorizing the Town Manager to accept a grant awarded by Texas Department of Public Safety (DPS) for Emergency Management Performance Grant (EMPG). Prosper is a place where everyone matters. FIRE DEPARTMENT Item 5d Page 2 of 2 Proposed Motion: I move to authorize the Town Manager to accept a grant awarded by Texas Department of Public Safety (DPS) for Emergency Management Performance Grant (EMPG). Item 5d TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N LAMAR BLVD • BOX 4087 • AUSTIN, TEXAS 78773-0001 512/424-2000 www.dps.texas.gov EQUAL OPPORTUNITY EMPLOYER COURTESY • SERVICE • PROTECTION STEVEN C. McCRAW DIRECTOR SKYLOR HEARN FREEMAN F. MARTIN RANDALL B. PRINCE DEPUTY DIRECTORS COMMISSION STEVEN P. MACH, CHAIRMAN MANNY FLORES A. CYNTHIA LEON JASON K. PULLIAM RANDY WATSON October 15, 2018 Harlan Jefferson Town Manager, City of Prosper P.O. Box 307 Prosper, TX 75078-0307 Dear Town Manager Jefferson: This letter is to advise you that your application to participate in the Emergency Management Performance Grant (EMPG) program during Fiscal Year 2018 (FY 18) has been approved. The enclosed "Notice of Sub-recipient Grant Award" specifies the federal EMPG program funding that will be provided to your jurisdiction during FY 18. This document must be signed by the “Authorized Official” indicated on the “Designation of EMPG Grant Officials” form (TDEM-17B) submitted in your original application. The signed “Notice of Sub-recipient Grant Award” must be returned to the Texas Division of Emergency Management (TDEM) within 45 days of the date of this letter. Failure to return documentation to TDEM within 45 days may result in redistribution of award funds to another jurisdiction. Participation in the EMPG program requires adherence to all tasks outlined in the 2018 Local Emergency Management Performance Grant (EMPG) Guide located online at: http://www.txdps.state.tx.us/dem/CouncilsCommittees/EMPG/empgCurrentGuide.pdf. The 2018 Terms and Conditions are also enclosed for your review. Included in these tasks, there are ten reports (financial, metrics, and progress reports) that must be submitted throughout the grant year. Due dates are outlined in the “EMPG Application Timeline” enclosure. If your jurisdiction does not wish to participate in the FY 18 EMPG program, please submit a letter from your authorized official requesting termination of participation. If you have any questions, please contact the EMPG Program Supervisor (Lisa Resendez at Lisa.Resendez@dps.texas.gov or 512-424-7511/512-574-1473) or your District Coordinator. Respectfully, W. Nim Kidd, CEM®, TEM® Chief Texas Division of Emergency Management Assistant Director Texas Homeland Security Texas Department of Public Safety Item 5d TEXAS DEPARTMENT OF PUBLIC SAFETY TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM) NOTICE OF SUBRECIPIENT GRANT AWARD Program Title: FY 2018 Emergency Management Performance Grant DHS Instrument Number: EMT-2018-EP-00008 TDEM Grant Number: 18TX-EMPG-0102 Administered By: Texas Department of Public Safety Texas Division of Emergency Management P.O. Box 4087 Austin, Texas 78773-0220 SubRecipient: City of Prosper P.O. Box 307 Prosper, TX 75078-0307 Amount of Grant: $27,391.33 Period of Grant: October 1, 2017 to March 31, 2019 The period of grant reflects a six (6) month PROGRAMMATIC EXTENSION ONLY to complete and close out your FY 18 EMPG grant year. Signing Acceptance of this document means that you accept and will comply with all requirements listed in the attached FY 2018 Terms and Conditions. AGENCY APPROVAL GRANT ACCEPTANCE Authorized Signature Required W. Nim Kidd, CEM Assistant Director Texas Department of Public Safety Chief Texas Division of Emergency Management Printed Name/Title: Date: 10/15/2018 Date: Return Signed Copy of This Page within 45 days to: TDEM.EMPG@dps.texas.gov or mail in a copy: Texas Department of Public Safety Texas Division of Emergency Management Attention: Heather Baxter, Grant Technician P.O. Box 4087 Finance and Grant Management MSC 0229 Austin, TX 78773-0220 Item 5d 1 2018 Emergency Management Performance Grant (EMPG) Terms and Conditions 1. Purpose: The FY 2018 priority for this program is to advance “Whole Community” security and emergency management. Grant funds will be used to support local comprehensive emergency management programs to encourage improvement of mitigation, preparedness, response, and recovery capabilities for all hazards. Funding may be used to support activities that contribute to the capability to manage consequences from acts of terrorism. Funds provided may also be used to accomplish initiatives described in the Federal Program Guidelines, including local implementation of the National Incident Management System (NIMS), incorporation of appropriate references to the National Response Framework (NRF) into local plans, homeland security assessment and strategy integration, and assessment of local emergency management program using Emergency Management Assessment Program (EMAP) standards. 2. Grant Conditions: Identify the source of funding under which this award is funded and reference the government code. The federal grant terms and conditions are located at: http://www.fema.gov/media-library/assets/documents/92248 3. Grant Acceptance: Notice of Subrecipient Grant Award remains an offer until the signed copy of the Acceptance of Subrecipient Grant Award is received by the Department of Public Safety in accordance with the instructions provided in the transmittal letter. 4. Work to Be Performed: The approved FY 2018 Statement of Work and Progress Report template outlines eight tasks that the grantee must perform during the grant period. The following additional tasks are also required of Subrecipients: A. Implement (NIMS) at the local level. B. Incorporate pertinent information concerning National Response Framework into the local or inter-jurisdictional emergency management plan and its annexes. C. Subrecipients must have a tracking system of record to organize and coordinate resources in response to incidents. D. During the performance period of this grant, Subrecipient must maintain an emergency management plan at the Advanced Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management (TDEM). This may be accomplished by jurisdictions maintaining their own emergency management plan or participating in an inter-jurisdictional emergency management program that meets the required standards. If TDEM identifies deficiencies in the Subrecipient’s plan, Subrecipients will correct deficiencies within sixty (60) days of receiving notice of such deficiencies from TDEM. E. Subrecipients must maintain an updated inventory of equipment purchased through this grant program in accordance with Uniform Grant Management Standards – III, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart C-Post-Award Requirements, Reports, Item 5d 2 Records, Retention, and Enforcement, Equipment and the Department of Homeland Security (DHS), Office of Grant Operations Financial Management Guide. F. The Subrecipient agrees that any equipment purchased with funds through this grant program shall be prominently marked as follows: “Purchased with funds provided by the U.S. Department of Homeland Security.” Exceptions to this requirement are limited to items where placing of the marking is not possible due to the nature of the equipment. 5. Grant Funding: Lists the amount of funding for this award. The amount of this grant may be less than the amount requested in your Application for Federal Assistance due to limits on federal funding for the EMPG program. However, EMPG grant recipients should continue to report all eligible expenses in quarterly financial reports. In the event additional program funding becomes available from the federal government or unspent EMPG funds remain at the end of the fiscal year, TDEM may be able to allocate additional funding to EMPG program participants. 6. Financial and Administrative Requirements: In Accordance with 2 A CFR Chapter II, Part 200 Subrecipient agrees to comply with the applicable financial and administrative requirements set forth in the Office of Justice Programs (OJP) Financial Guide. A. All emergency management program costs for which the Subrecipient seeks reimbursement must be eligible in accordance with Office of Management and Budget (OMB) Circular A-87, Cost Principles or State, Local, and Indian Tribal Governments. B. Subrecipient will comply with the organizational audit requirements of super circular 2A CFR 200 Audits of States, Local Governments, and Non-Profit Organizations. C. When implementing Federal Emergency Management Agency (FEMA) National Preparedness Directorate funded activities; the Subrecipient must comply with all federal civil rights laws, to include Title VI of the Civil Rights Act, as amended. The Subrecipient is required to take reasonable steps to ensure persons of limited English proficiency have meaningful access to language assistance services regarding the development of proposals and budgets and conducting FEMA funded activities. D. Subrecipient will assist the awarding agency (if necessary) in assuring compliance with the National Historic Preservation Act of 1966 Section 106 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). (Federal Assurance). E. Subrecipient agrees to make no request for reimbursement for goods or services procured by the Subrecipient either prior to the start of the period of performance stated in this award document or after the end of the period of performance. Item 5d 3 F. Notwithstanding any other provisions of this document, the parties understand and agree that the obligations of TDEM under this Agreement are contingent upon the availability of adequate funds to meet TDEM’s liabilities. TDEM shall not be liable to the Subrecipient for costs under this Agreement that exceed the amount specified in the Notice of Subrecipient Grant Award. 7. Single Audit Act Requirements: If Subrecipient has expenditures in excess of $750,000 in federal funds of all types within a single fiscal year, it must have an audit performed in accordance with the Single Audit Act as amended. Subrecipient agrees to comply with the audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-profit Organizations. 8. Reporting Requirements: Subrecipient agrees to comply with all reporting requirements and shall provide such information as required by TDEM. Reporting requirements are found in the 2018 Local Emergency Management Performance Grant (EMPG) Guide. Subrecipients may be required to submit additional information and data requested by TDEM and after the end of the period of performance in order to close out the grant. A copy of the 2018 Local Emergency Management Performance Grant (EMPG) Guide can be found on the TDEM website at: http://www.txdps.state.tx.us/dem/CouncilsCommittees/EMPG/empgCurrentGuide.pdf. Subrecipient must prepare and submit Semi-Annual Progress Reports to TDEM for the duration of the grant performance period or until all grant activities are completed and the grant is formally closed. The first performance reporting period is October 1 to March 31 (progress report due April 15) and the second reporting period is April 1 to September 30 (progress report due October 15). Subrecipient may also be required to submit additional information and data as requested by TDEM. 9. Review of Work and Expenditures: TDEM may review the work of the Subrecipient with respect to approved program tasks and expenditures for which reimbursement is requested to ensure the federal awards are used for authorized purposes in compliance with laws, regulations, and the provisions of this contract or grant agreement and that performance goals are achieved. These reviews may include, without limitation: comparing actual Subrecipient activities to those approved in the sub-award application and subsequent modifications if any; ensuring that grant funds have been expended in accordance with applicable guidelines; confirming compliance with grant assurances, and verifying information provided on performance reports and payment requests. Local EMPG grant funds cannot be matched with any other federal funds. 10. Lobbying: A. As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as def ined at 28 CFR Part 69, the Subrecipient certifies that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; Item 5d 4 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 3) The Subrecipient will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. 11. Debarment, Suspension, and other Responsibility Matters: A. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 (Federal Certification). B. The Subrecipient certifies that it and its principals and vendors: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Subrecipients can access debarment information by going to www.epls.gov. 2) Have not, within a three-year period preceding this application, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 4) Have not, within a three-year period preceding this application, had one or more public transactions (Federal, State, or local) terminated for cause or default. C. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application (Federal Certification). 12. Monitoring: A. Subrecipient will provide TDEM, State Auditor, DHS personnel or their authorized representative, access to and the right to examine all paper or electronic records related to financial assistance. Item 5d 5 B. Subrecipient agrees to monitor their program to ensure that federal awards are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements and that the performance goals are achieved. C. TDEM may perform periodic reviews of Subrecipient performance of eligible activities and approved projects. These reviews may include, without limitation: performance of an on-site audit and compliance monitoring, including inspection of all grant-related records and items, comparing actual Subrecipient activities to those approved in the sub-award application and subsequent modifications if any, ensuring that advances have been disbursed in accordance with applicable guidelines, confirming compliance with grant assurances, verifying information provided in performance reports and reviewing payment requests, needs and threat assessments and strategies. D. Subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA National Preparedness Directorate. E. The Subrecipient official certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Subrecipient may be required to supply documentation certifying that a reduction in non- federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 13. Reimbursement for Expenses: Reimbursement for expenses incurred during the second and fourth quarter of Fiscal Year 2018 will not be disbursed until TDEM receives the first and second semi-annual EMPG Progress Reports, which are due on April 15, and October 15, respectively. 14. Choice of Law: This agreement shall be construed and governed by Texas law. 15. Changes to the Law: DPS is a state agency whose authority and appropriations are subject to the actions of the Texas Legislature and the United States Congress. If DPS and/or the subject matter of this contract become subject to a legislative or regulatory change, revocation of statutory or regulatory authority, or lack of funds that would render the services and/or goods and/or payment to be provided under this agreement impossible, unnecessary, void, or substantially amended, DPS may terminate this agreement without penalty to, or any liability whatsoever on the part of, DPS, the State of Texas, or the United States. This contract does not grant vendor a franchise or any other vested property right. 16. Written Modification: No modification or amendment to this Agreement shall become valid unless in writing and signed by both parties. 17. To the extent it applies, Subrecipient shall comply with Texas Government Code, Chapter 783, 1 Texas Administrative Code (TAC) §§ 5.141 et seq., and the Uniform Grant Management Standards, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart B, §_14. Item 5d 6 18. To the extent it applies, Subrecipient shall comply with the General Appropriations Act, 80th Legislature, Article IX, Part 17. 19. TDEM may suspend or terminate sub-award funding, in whole or in part, or other measures may be imposed for any of the following reasons: failing to comply with the requirements or statutory objectives of federal law, failing to make satisfactory progress toward the goals or objectives set forth in the sub-award application, failing to follow grant agreement requirements or special conditions, failing to submit required reports, or filing a false certification or other report or document. Satisfactory progress is defined as accomplishing the following during the performance period of the grant: requesting federal funds for purchases, training, etc. and deciding what purchases will be made, ordering the equipment, ensuring the equipment is shipped and received, and training is accomplished with the equipment (or readied for deployment). All of the aforementioned tasks must be accomplished in a timely manner. Special Conditions may be imposed on Subrecipient’s use of grant funds until problems identified during grant monitoring visits conducted by TDEM audit and compliance personnel are resolved. Item 5d FY 2018 EMPG Application Timeline Form Instruction October 1, 2017 January 31, 2018 April 15, 2018 April 30, 2018 EMPG Performance Period begins EMPG Application form and Statement of Work due to TDEM, Grant Technician, Emergency Management Support Section FY 2018 EMPG 1st Quarter Financial Report (October– December) due to TDEM, EMPG Auditor, Emergency Management Support Section FY 2018 FEMA Quarterly Metrics Template due to TDEM, Grant Technician, Emergency Management Support Section (Templates will be emailed with proper instructions to all jurisdictions) 1st semiannual cumulative Progress Report due to TDEM, Grant Technician, Emergency Management Support Section 2nd Quarter Financial Report (January-March) due to TDEM, EMPG Auditor, Emergency Management Support Section FY 2018 FEMA Quarterly Metrics Template due to TDEM, Grant Technician, Emergency Management Support Section (Templates will be emailed with proper instructions to all jurisdictions) FY 2018 FEMA Quarterly Metrics Template due to TDEM, Grant Technician, Emergency Management Support Section (Templates will be emailed with proper instructions to all jurisdictions) 3rd Quarter Financial Report (April–June) due to TDEM, EMPG Auditor, Emergency Management Support Section FY 2018 EMPG performance period ends EMPG 2nd semiannual cumulative Progress Report due to TDEM, Grant Technician, Emergency Management Support Section 4th Quarter Financial Report (July–Sept.) due to TDEM, EMPG Auditor, Emergency Management Support Section FY 2018 FEMA Quarterly Metrics Template due to TDEM, Grant Technician, Emergency Management Support Section, (Templates will be emailed with proper instructions to all jurisdictions). October 31, 2018 October 15, 2018 July 31, 2018 July 15, 2018 September 30, 2018 Item 5d Page 1 of 2 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 13, 2018 Agenda Item: Consider and act upon authorizing the Town Manager to execute Amendment Twelve to the Interlocal Agreement between Collin County and the Town of Prosper, extending the agreement through FY 2018-2019, relating to Animal Control Services. Description of Agenda Item: The Town of Prosper and Collin County entered into an Interlocal Agreement in 2006, authorizing Collin County to provide Animal Control Services for the Town of Prosper. The initial term of the agreement was one year, with automatic one-year renewal terms. This is amendment Number Twelve to the agreement for the period of October 1, 2018, to September 30, 2019, and the associated fee for services. The Animal Control Services provided by the County include, but are not limited to, vaccination of animals, reporting of human exposure to rabies, quarantine and testing of biting animals, reduction of the stray animal population, restraint of dangerous animals, prohibition of dogs running at large and of inhumane treatment of animals, and other related services; and to prescribe penalties for violation of such provisions in accordance with Chapters 822, 825, and 826 of the Texas Health & Safety Code, and Chapter 142 of the Agriculture Code. Local governments are authorized by the Interagency Cooperation Act, V.T.C.A. Government Code, Title 7, Chapter 771, to agree or contract with another agency for the provision of necessary and authorized services and resources. The Town of Prosper, and several other municipalities, contract with Collin County for Animal Control Services. Budget Impact: The fee for Animal Control Services for FY 2018-2019 is $54,005.00. This is a $13,401.00 increase from last fiscal year. The County indicated that previously, the fees charged to other cities and towns did not take into account overhead costs and did not adequately account for the costs of staff time for Animal Sheltering and Animal Control. The County retained the services of a consultant who recommended the pro-rata costs for all of the ILAs. The fee will be funded by Code Compliance Contracted Services (100-5480-40-02). Prosper is a place where everyone matters. DEVELOPMENT SERVICES Item 5e Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has previously approved these amendments to the ILA as to form and legality. Attached Documents: 1. Collin County Contract Amendment Twelve – Interlocal Agreement for Animal Control Services Town Staff Recommendation: Town staff recommends the Town Council authorize the Town Manager to execute Amendment Twelve to the Interlocal Agreement between Collin County and the Town of Prosper, extending the agreement through FY 2018-2019, relating to Animal Control Services. Proposed Motion: I move to authorize the Town Manager to execute Amendment Twelve to the Interlocal Agreement between Collin County and the Town of Prosper, extending the agreement through FY 2018- 2019, relating to Animal Control Services. Item 5e Office of the Purchasing Agent Collin County Administration Building Contract Amendment 2300 Bloomdale Rd, Ste 3160 McKinney, TX 75071 972-548-4165 Vendor:Town of Prosper Effective Date 10/1/2018 P.O. Box 307 Contract No.10110-09 Prosper, TX 75078 Contract Awarded by Court Order No.: Contract Amendment No.:1 Court Order No. Contract Amendment No.:2 Court Order No. Contract Amendment No.:3 Court Order No. Contract Amendment No.:4 Court Order No. Contract Amendment No.:5 Court Order No. Contract Amendment No.:6 Court Order No. Contract Amendment No.:7 Court Order No. Contract Amendment No.:8 Court Order No. Contract Amendment No.:9 Court Order No. Contract Amendment No.:10 Court Order No. Contract Amendment No.:11 Court Order No. Contract Amendment No.:12 Court Order No. YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT Extension of agreement for a one (1) year period as provided for in section 5.0 of the contract documents. Agreement shall be in effect from October 1, 2018, continuing through and including September 30, 2019. Total amount for fiscal year 2019: 54,005.00$ Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties. ACCEPTED BY:ACCEPTED AND AUTHORIZED BY AUTHORITY OF COLLIN COUNTY TOWN OF PROSPER COMMISSIONERS’ COURT Collin County Administration Building P.O. Box 307 2300 Bloomdale Rd, Ste 3160 Prosper, TX 75078 McKinney, Texas 75071 SIGNATURE Michalyn Rains, CPPO, CPPB TITLE:Purchasing Agent DATE: DATE: 2011-018-01-10 Town Manager 2011-684-09-19 2009-852-10-12 2017-871-10-23 2017-043-01-23 2016-030-01-04 2014-1004-12-15 2014-012--01-06 2013-017-01-07 TWELVE (12) Interlocal Agreement for Animal Control Services 2008-894-10-14 2006-879-09-26 2008-047-01-22 Item 5e Page 1 of 2 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 13, 2018 Agenda Item Consider and act upon authorizing the Town Manager to execute Amendment Twelve to the Interlocal Agreement between Collin County and the Town of Prosper, extending the agreement through FY 2018-2019, relating to Animal Sheltering Services. Description of Agenda Item: Collin County, the Town of Prosper, and several other municipalities (collectively referred to as "Parties") identified a need for an animal shelter in Collin County, for their mutual benefit. In 2006, the Parties entered into an Interlocal Agreement (ILA) for the Facility Construction and Use of an Animal Shelter in Collin County. The shelter was constructed, and the Parties pay an annual fee to Collin County for the maintenance, operations, and use of the shelter. The Animal Sheltering Services provided by the County include, but are not limited to, receiving stray animals, caring for impounded animals, and coordinating adoptions and returns, when possible. Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services, including administrative functions normally associated with the operation of government (such as purchasing necessary materials and equipment). Budget Impact: The fee for Animal Sheltering Services for FY 2018-2019 is $30,632.00. This is a $6,049.00 increase from last fiscal year. The County indicated that previously, the fees charged to other cities and towns did not take into account overhead costs and did not adequately account for the costs of staff time for Animal Sheltering and Animal Control. The County retained the services of a consultant who recommended the pro-rata costs for all of the ILAs. The cost of this service will be funded by Code Compliance Contracted Services (100-5480-40-02). Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has previously approved these amendments to the ILA as to form and legality. Attached Documents: 1.Collin County Contract Amendment Twelve – Interlocal Agreement for Animal Sheltering Services. Prosper is a place where everyone matters. DEVELOPMENT SERVICES Item 5f Page 2 of 2 Town Staff Recommendation: Town staff recommends the Town Council authorize the Town Manager to execute Amendment Twelve to the Interlocal Agreement between Collin County and the Town of Prosper, extending the agreement through FY 2018-2019, relating to Animal Sheltering Services. Proposed Motion: I move to authorize the Town Manager to execute Amendment Twelve to the Interlocal Agreement between Collin County and the Town of Prosper, extending the agreement through FY 2018- 2019, relating to Animal Sheltering Services. Item 5f Office of the Purchasing Agent Collin County Administration Building Contract Amendment 2300 Bloomdale Rd, Ste 3160 McKinney, TX 75071 972-548-4165 Vendor:Town of Prosper Effective Date 10/1/2018 P. O. Box 307 Contract No.10100-09 Prosper, Tx 75078 Contract Awarded by Court Order No.: Contract Amendment No.:1 Court Order No. Contract Amendment No.:2 Court Order No. Contract Amendment No.:3 Court Order No. Contract Amendment No.:4 Court Order No. Contract Amendment No.:5 Court Order No. Contract Amendment No.:6 Court Order No. Contract Amendment No.:7 Court Order No. Contract Amendment No.:8 Court Order No. Contract Amendment No.:9 Court Order No. Contract Amendment No.:10 Court Order No. Contract Amendment No.:11 Court Order No. Contract Amendment No.:12 Court Order No. YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT Contract shall be in effect from October 1, 2018, continuing through and including September 30, 2019 at the below rate: Total amount for fiscal year 2019: 30,632.00$ Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties. ACCEPTED BY:ACCEPTED AND AUTHORIZED BY AUTHORITY OF COLLIN COUNTY Town of Prosper COMMISSIONERS’ COURT Collin County Administration Building P. O. Box 307 2300 Bloomdale Rd, Ste 3160 Prosper, Tx 75078 McKinney, Texas 75071 SIGNATURE Michalyn Rains, CPPO, CPPB TITLE:Purchasing Agent DATE: DATE: 2017-044-01-23 2009-853-10-12 Interlocal Agreement for the Facility Construction and Use of an Animal Shelter in Collin County 2008-895-10-14 2006-891-09-26 2008-048-01-22 2011-019-01-10 Town Manager TWELVE (12) 2017-870-10/23 2016-031-01-04 2014-1003-12-15 2014-013-01-06 2013-069-01-28 2011-687-09-19 Item 5f Page 1 of 2 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 13, 2018 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 are the Preliminary Site Plans and Site Plans that were acted on by the Planning & Zoning Commission at their November 6, 2018, 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 Gates of Prosper, Phase 2 2.Preliminary Site Plan for Prosper Business Park 3.Site Plan for Ace Montessori 4.Site Plan for Alpha Montessori 5.Site Plan for Brakes Plus 6.Site Plan for Fast Lane 7.Site Plan for The Home Depot 8.Site Plan for Kindercare 9.Site Plan for Prosper Business Park Attachment Summary: Project Name Type Location Building Size Existing/ Proposed Uses Known Tenant(s) Gates of Prosper, Phase 2 Preliminary Site Plan Southwest corner Preston Road and Lovers Lane 414,036 square feet (20 buildings) Retail, Restaurant, Entertainment Unknown Prosper Business Park Preliminary Site Plan East side of Cook Lane, South of Prosper Trail 250,000 square feet (11 buildings) Office / Warehouse, Open Storage Unknown Ace Montessori Site Plan East side of Gee Road, north of US 380 12,457 square feet Day Care Ace Montessori Prosper is a place where everyone matters. PLANNING Item 5g Page 2 of 2 Project Name Type Location Building Size Existing/ Proposed Uses Known Tenant(s) Alpha Montessori Site Plan Northwest corner Legacy Drive and Westwood Drive 10,273 square feet Day Care Alpha Montessori Brakes Plus Site Plan North side of US 380, west of Gee Road 4,915 square feet Minor Auto Repair Brakes Plus Fast Lane Site Plan North side of US 380, west of Gee Road 4,588 square feet Car Wash Fast Lane The Home Depot Site Plan West side of Windsong Parkway, north of US 380 106,299 square feet Building Material and Hardware Sales The Home Depot Kindercare Site Plan West side of Coit Road, south of Richland Boulevard 12,257 square feet Day Care Kindercare Prosper Business Park Site Plan Southeast corner Industry Way and Technology Lane N/A Open Storage Crossland Town Staff Recommendation: Town staff recommends that the Town Council take no action on this item. Item 5g FL F L FL FL FL FL F L FL FL FL FL FL FL F L F L F L F L F L F L F L FL FL F L F L F L F L F L F L FL FL FL FL F L F L F L F L FL FL FL F L F L F L F L F L F L F L F L FL FL FL F L F L F L F L F L F L F L FL FL FL FL FL FL F L F L F L F L F L F L F L F L F L F L F L F L F L F L F L F L FL FL FL FL F L FL FL F L F L F L F L F L F L F L FL FL FL F L F L V V V V V V V V V FL F L FL F L F L F L F L F L F L F L F L F L F L FL FL FL FL FL FL FL FL FL FL F L 4 F L F L F L F L F L F L F L F L F L F L F L F L FL FL FL FL FL FL FL FL FL FL FL FL 15 15 10 10 10 28 12 8 109 18 3 6 7 20 11 5 11 6 23 2224 12 10 12 24 24 1210 9 28 27 20 19 1014 15 15 26 28 10 27 14 20 30 20 20 15 15 15 10 10 15 15 28 28 30 10 15 15 10 13 12 14 15 6 15 3 9 7 7 7 10 11 16 15 11 11 22 12 12 10 24 15 126 8 8 8 F L FL 20 9 8 F L F L FL FL FL FL FL FL FL F L VV V V V V V V V V V F L F L F L F L F L F L F L F L F L F L FL FL FL FL FL FL FL FL F L F L F L F L F L F L FL FL FL FL FL FL FL FL F L F L F L F L FL F L F L F L F L FL F L F L F L F L F L F L F L F L FL F L F L FL FL F L FL FL FL FL FL FL F L FL FL F L F L F L F L FL FL F L F L F L F L F L F L F L FL F L F L F L F L F L F L F L FL FL FL F L F L F L FL FL V 11 8 10 3 9 4 2 2 5 12 13 16 14 18 2 24 1212 15 9 6 18 5 13 15 8 14 10 13 14 V V 9 12 10 10 3 13 6 12 11 V 3 9 14 12 15 3 14 11 V 11 11 9 20 14 20 14 5 4 4 12 5 V 4 5 14 4 11 4 4 12 8 V V 4 6 12 11 11 10 13 13 T T T TTT TTT T T T TTT TTT S S S S S S 5315719.600FIRE HYDRANT Y I E L D Y I E L D O N L Y ON L Y O N L Y ON L Y ONLY O N L Y O N L Y O N L Y ONLY O N L Y O N L Y 6124716.760BENCH MARK S 453672.800BENCH MARK SET 454721.150BENCH MARK SET T T T TTT TTT T T T TTT TTT S S S S S S 5315719.600FIRE HYDRANT TR TR S S S S S S S S S S S S S S S S S S S SS SSSS S S S S S S S S 9' 40' 30' 30 ' 30 ' 30' 20' 30 ' 24' 453 ' 344 ' 604' 49 6 ' 54' 47 4 ' 110'60' 60'110' 60' 110' 150' 100' 100'150' 70 ' 70' 70' 30 ' 24 ' 24 ' 24 ' 40 ' 1 0 0 ' 100'150' 10 0 ' 15 0 ' 15 0 ' 12 6 ' 100' 100' 25 6 ' 18 0 ' 10 0 ' 15 0 ' 10 0 ' 15 0 ' 10 0 ' 150'100' 11 0 ' 60 ' 15 0 ' 15 0 ' 24 ' TY P 2 4 ' 24' 15 0 ' 10 0 ' 11' 12 ' 12 ' 422 ' 10 9 ' 12 ' 10 0 ' 10' 10' 15 0 ' 15 0 ' EXISTING UTILITIES TO BE TERMINATED HERE. REMAINING UTILITY LINES UNDER EXISTING COLEMAN STREET TO BE REMOVED. 25' LANDSCAPE SETBACK 30' LANDSCAPE & BUILDING SETBACK 25' LANDSCAPE SETBACK 25' LANDSCAPE SETBACK RETAINING WALLS RETAINING WALLS RETAINING WALLS RETAINING WALLS EXISTING COLEMAN STREET TO BE ABANDONED. 50' ATMOS EASEMENT 15' UTILITY EASEMENT TXDOT EASEMENT TRACT 2 VOL. 630 PG. 001 D.R.C.C.T. TEMPORARY TYPE III BARRICADE PROPOSED INTERIM CONDITION FOR COLEMAN STREET PROPOSED 42" WATER LINE BY TOWN OF PROSPER 40' BUILDING SETBACK 40' BUILDING SETBACK 40' BUILDING SETBACK 15' BUILDING SETBACK 6' SIDEWALK 12' MEANDERING HIKE & BIKE TRAIL TEMPORARY TYPE III BARRICADE 40' BUILDING SETBACK 24 ' 24' 150'150' 412' 11' 11 ' 11 ' PROPOSED 35' STREET EASEMENT 30' 10 ' 10' 10' TYP 6' SIDEWALK 30' 10 ' 24' PROPOSED HEADWALL 99 ' 24' 24' 30' 30 ' 24 ' 24' 24'24' RESTRICTED ACCESS ZONE - NO DRIVEWAYS ALLOWED 56 ' RAMPING (TYP.) R20'R20' R20'R20' R30'R30' 11 7 ' 24' 27 ' 2 4 ' 3 0 ' R30' R30' R30' R30' R20' R20' R150' R150' R30'R30' R20' R20'R20' R20' R30' R30' R275' R196' R30' R30' R30' R30' R30'R30' R30' R30' R30' R100' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R945' R30' R30'R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30'R30' R30' R30' R30'R30' R176' R30' R30' R176' R75' R30' R30' R30' RETAIL ±55,222 SF 1 STORY FF=689.50RETAIL ±21,360 SF 1 STORY FF=685.50 RETAIL ±10,000 SF 1 STORY FF=681.50 RETAIL ±12,500 SF 1 STORY FF=683.50RESTAURANT ±8,400 SF 1 STORY FF=679.50 RETAIL ±17,500 SF 1 STORY FF=691.50 RETAIL ±6,000 SF 1 STORY FF=687.50 RETAIL ±10,000 SF 1 STORY FF=679.50 RETAIL ±10,500 SF 1 STORY FF=675.00 ANCHOR ±55,000 SF 1 STORY FF=675.00 RE S T A U R A N T ±6 , 7 6 6 S F 1 S T O R Y FF = 7 0 4 . 0 0 R E S T A U R A N T ±5 , 4 5 6 S F 1 S T O R Y F F = 7 0 7 . 0 0 R E S T A U R A N T ±7 , 7 2 9 S F 1 S T O R Y F F = 7 1 0 . 0 0 R E S T A U R A N T ±8 , 0 0 0 S F 1 S T O R Y F F = 7 1 3 . 0 0 RETAIL ±15,700 SF 1 STORY FF=685.00 BLOCK A LOT 1 52.12 ACRES LOVERS LANE (90' ROW) CO L E M A N S T R E E T (9 0 ' R O W ) PD-SUBDISTRICT 4 (RESIDENTIAL/NEIGHBORHOOD) PD-SUBDISTRICT 2 (LIFESTYLE CENTER) RETAIL/ RESTAURANT ±7,725 SF 1 STORY FF=698.00RETA I L / REST A U R A N T ±7,72 5 S F 1 ST O R Y PR E S T O N R O A D GATES OF PROSPER PHASE 1 BLOCK B LOT 2 GATES OF PROSPER PHASE 1 BLOCK B LOT 4 GATES OF PROSPER PHASE 1 BLOCK B LOT 3 RETAIL/ RESTAURANT ±10,800 SF 1 STORY FF=672.00 RETAIL ±10,500 SF 1 STORY FF=675.00 RETAIL ±10,000 SF 1 STORY FF=675.00 RESTAURANT ±6,000 SF 1 STORY FF=672.50 RESTAURANT ±3,000 SF 1 STORY FF=712.00 RESTAURANT ±5,100 SF 1 STORY FF=672.50 RESTAURANT ±3,300 SF 1 STORY FF=672.50 9' TYP 20 ' TY P 24 ' TY P 10' TYP9' TYP 20 ' TY P 9' TY P 20' TYP 24' TYP 10 ' TY P R54' R54'R30' R30' R30' R30' R75' R30'R30' R30'R30' R30' R30' R300' R30' R30' R30' R30' PROPOSED HEADWALL RESTAURANT ±8,000 SF 1 STORY FF=669.00 REBUILD RAMP PER TOWN OF PROSPER DETAIL 24' 3 7 ' R30' R30' R30' R30' R30' 16' R30' RETAIL ±14,000 SF 1 STORY FF=674.00 90 ' 117'117' 99' FL FL F L F L F L F L FL FL FL F L F L F L F L FL F L F L F L FL FL F L F L V V FL F L FL F L F L F L F L F L F L F L F L 9 20 5 3 FL FL FL FL 15 3 9 7 7 7 10 11 22 10 12 F L FL 9 8 F L F L F L F L F L F L F L 7 20 5 F L FL FL FL FL FL FL FL FL FL FL FL FL F L F L F L F L F L F L F L F L FL FL FL F L F L F L FL FL V V V V 9 14 12 15 3 14 11 V 4 4 11 12 8 V FL FL FL 1515 FL FL FL T T T T T T S O N L Y O N L Y ONLY T T T T T T S 5505713.2306" CEDAR TR S S S S S SSSS SS S S Th i s d o c u m e n t , t o g e t h e r w i t h t h e c o n c e p t s a n d d e s i g n s p r e s e n t e d h e r e i n , a s a n i n s t r u m e n t o f s e r v i c e , i s i n t e n d e d o n l y f o r t h e s p e c i f i c p u r p o s e a n d c l i e n t f o r w h i c h i t w a s p r e p a r e d . R e u s e o f a n d i m p r o p e r r e l i a n c e o n t h i s d o c u m e n t w i t h o u t w r i t t e n a u t h o r i z a t i o n a n d a d a p t a t i o n b y K i m l e y - H o r n a n d A s s o c i a t e s , I n c . s h a l l b e w i t h o u t l i a b i l i t y t o K i m l e y - H o r n a n d A s s o c i a t e s , I n c . BY DA T E AS S H O W N RE V I S I O N S No . DA T E SHEET NUMBER CH E C K E D B Y SC A L E DE S I G N E D B Y DR A W N B Y KH A P R O J E C T 26 0 E A S T D A V I S S T R E E T , S U I T E 1 0 0 , M C K I N N E Y , T X 7 5 0 6 9 PH O N E : 4 6 9 - 3 0 1 - 2 5 8 0 F A X : 9 7 2 - 2 3 9 - 3 8 2 0 WW W . K I M L E Y - H O R N . C O M T X F - 9 2 8 RA K MN P JC R LA S T S A V E D 1 0 / 1 8 / 2 0 1 8 1 1 : 2 7 A M PL O T T E D B Y T E D E S C O , J O H N 1 0 / 1 8 / 2 0 1 8 1 : 0 4 P M DW G P A T H K : \ M K N _ C I V I L \ 0 6 8 1 0 9 0 3 0 - G A T E S O F P R O S P E R \ _ P H A S E 1 \ C A D \ P L A N S H E E T S DW G N A M E P S P . D W G , [ P S P - 1 ] IM A G E S t o w n l o g o : XR E F S x s i t e - l r c : x u t i l - l r c : x S t r m - P H 1 P S P : x U t i l - P H 1 P S P : x b r d r - p h 1 : x s u r v - p h 1 : x s i t e - p h 1 P S P : x - t r e e - p h 1 : x s t r m - l r c : x s t r i p i n g : x s u r v - p h 1 : x s i t e - p h 1 06 8 1 0 9 0 3 0 GA T E S O F P R O S P E R PH A S E 2 PR O S P E R , T E X A S © 2 0 1 8 K I M L E Y - H O R N A N D A S S O C I A T E S , I N C . 11 / 0 5 / 2 0 1 8 Not for construction or permit purposes. FOR REVIEW ONLY Engineer P.E. No.Date100472 JOSEPH C. RICCARDI 11/05/2018 PSP-1 PR E L I M I N A R Y SI T E P L A N 00 100'200' GRAPHIC SCALE 100' ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6. BUILDINS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MAY BE APPROVED BY THE FIRE DEPARTMENT. 7. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICAL APPROVAL AND SHALL CONFORM TO THE APPROVED FACADE PLAN. 14. SIDEWALKS OF NOT LESS THAN SIX (6') FEET IN WIDTH ALONG THROUGHFARES AND COLLECTORS AND FIVE (5') FEET IN WIDTH ALONG RESIDENTIAL STREETS, AND CARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19. ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 20. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 21. THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING AND ZONING COMMISSION, AT THE END OF WHICH THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 22. DRIVEWAYS OFF OF PRESTON SHALL BE APPROVED BY TxDOT. FINAL ALIGNMENTS OF ROADS AND DRIVEWAY CONNECTIONS SHOWN ON THIS PLAN ARE CONCEPTUAL AND SUBJECT TO FINAL APPROVAL BY TxDOT. 23. ROW DEDICATIONS SHALL BE PROVIDED AT RIGHT TURN LANES IN ACCORDANCE WITH TOWN OF PROSPER REQUIREMENTS. 24. DEVELOPMENT OF RETAIL SQUARE FOOTAGE FOR RESTAURANT USE WILL REQUIRE ADDITIONAL PARKING. 25. DEVELOPMENT OF FUTURE PAD SITES WILL REQUIRE A REVISED PRELIMINARY SITE PLAN IF NOT IN GENERAL CONFORMANCE WITH THIS PRELIMINARY SITE PLAN. NOTES NOTE: 1. ALL OPEN SPACE AND LANDSCAPING SHALL BE PROVIDED IN ACCORDANCE WITH THE REQUIREMENTS OUTLINED IN PD-67 2. BLOCKS A & B MUST CONFORM TO ALL REQUIREMENTS OUTLINED IN PD-67 AND ZONING ORDINANCE #05-20. 3. FINAL DUMPSTER/TRASH SERVICE LAYOUTS TO BE PROVIDED WITH FINAL DESIGN OF EACH BLOCK AND LOT. 4. TRASH AND LOADING ZONES ARE TO BE PLACED BEHIND RETAIL BUILDINGS. 5. ALL DIMENSIONS PROVIDED ARE FROM THE FACE OF CURB. ZONING: PLANNED DEVELOPMENT OPEN SPACE REQUIRED (7%): 4.59 AC OPEN SPACE PROVIDED: (7%): 4.59 AC SITE DATA SUMMARY N.T.S.VICINITY MAP SITE US HWY 380 (UNIVERSITY) ST A T E H W Y 2 8 9 ( P R E S T O N ) DA L L A S P K W Y BU S . 2 8 9 ( C O L E M A N ) FIRST ST LA C I M A TOWN OF PROSPER CITY OF FRISCO RI C H L A N D LO V E R S L N LOVERS LN MATCHLINE SEE SHEET PSP-2 DOUBLE DUMPSTER ADA PARKING STALL LEGEND SS W W PROP SEWER LINE PROP WATER LINE PROP STORM LINE SS W W EXIST. SEWER LINE EXIST. WATER LINE EXIST. STORM LINE PROP. FIRE HYDRANT PROP. FIRE DEPARTMENT CONNECTION PROP. STORM INLET PROP. GRATE INLET PROP. JUNCTION BOX PROP. RETAINING WALL FIRE LANE PROP. ACCESS AND UTILITY EASEMENT EXIST. CONTOURS700 380 & 289 LP 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 183 Land Corporation Inc. 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 Kimley-Horn and Associates, Inc. 260 East Davis Street Suite 100 McKinney, Texas 75069 Contact: Joe Riccardi, P.E. Phone: (469)-301-2580 BLOCK B, LOT 1 [ZONED PD-67] 1 STORY RETAIL 18,800 GSF 1 STORY RESTAURANT 23,000 GSF 1 ENTERTAINMENT FACILITY 47,253 GSF FAR: 0.16:1 LOT COVERAGE: 16% WIDTH: ±600' DEPTH: ±1100' INTERIOR LANDSCAPING REQUIRED: 5,985 SF INTERIOR LANDSCAPING PROVIDED: 5,985 SF OPEN SPACE REQUIRED: 0.94 AC OPEN SPACE PROVIDED: 1.22 AC PARKING REQUIRED: 543 SP 18,800 SF RETAIL/(250)= 76 SP 23,000 SF RESTAURANT/(100)= 230 SP 47,253 SF ENTERTAINMENT/(200)= 237 HANDICAP REQUIRED: 11 PARKING PROVIDED: 571 SURFACE HANDICAP PROVIDED: 18 BLOCK A, LOT 1 [ZONED PD-67] 1 STORY RETAIL 271,294 GSF 1 STORY RESTAURANT 67,689 GSF FAR: 0.15:1 LOT COVERAGE: 15% WIDTH: ±1300' DEPTH: ±1900' INTERIOR LANDSCAPING REQUIRED: 26,100 SF INTERIOR LANDSCAPING PROVIDED: 26,100 SF OPEN SPACE REQUIRED: 3.65 AC OPEN SPACE PROVIDED: 3.83 AC PARKING REQUIRED: 1,763 SP 271,294 SF RETAIL/(250)= 1086 SP 67,689 SF RESTAURANT/(100)= 677 SP HANDICAP REQUIRED: 28 PARKING PROVIDED: 1,919 SURFACE HANDICAP PROVIDED: 47 -1/250 SF RETAIL STORE -1/100 SF RESTAURANT OR CAFE -1/200 SF ENTERTAINMENT FACILITY SUMMARY -RETAIL = 290,094 GSF -RESTAURANT = 90,689 GSF -ENTERTAINMENT = 47,253 GSF TOTAL PARKING REQUIRED 2,306 SPACES TOTAL PARKING PROVIDED 2,490 SPACES ZONING PARKING REQUIREMENTS Item 5g FL F L FL FL FL FL F L F L F L F L F L F L FL FL F L F L F L F L F L F L FL FL FL FL F L F L FL FL FL F L F L F L F L F L F L F L FL FL FL FL FL FL F L F L F L F L F L FL FL FL FL F L F L F L F L F L V V V FL F L FL F L F L F L F L F L F L F L F L F L F L FL FL FL FL FL FL FL FL F L F L F L 15 15 10 10 12 24 24 1210 27 1014 15 15 28 10 27 14 20 20 20 15 15 15 10 10 15 15 28 28 30 10 15 15 10 13 12 14 15 6 15 3 9 7 7 7 10 11 16 11 22 12 12 10 126 8 F L FL 9 8 V V V V V V F L F L F L F L F L F L F L F L F L F L FL FL FL FL FL FL FL F L F L F L FL FL FL FL FL FL F L FL FL FL FL FL FL FL F L F L F L F L FL F L F L F L F L F L F L F L F L FL F L F L F L F L F L F L F L FL FL FL F L F L F L FL FL V V V 9 14 12 15 3 14 11 V 11 11 9 20 14 20 14 5 4 4 12 5 V 4 5 14 4 11 4 4 12 8 V V 4 6 6124716.760BENCH MARK S S Y I E L D Y I E L D ONLY O N L Y 6124716.760BENCH MARK S S S S S S S SS SSSS S S S S S FL FL F L F L F L F L FL FL FL F L F L F L FL FL FL FL FL FL FL FL FL FL F L F L F L F L F L F L F L F L FL F L F L FL FL FL FL FL F L FL FL F L F L F L F L FL F L F L F L F L F L F L F L F L F L F L F L F L V V V V 14 FL F L FL F L F L F L F L F L F L F L F L 8 6 9 20 5 3 FL FL FL FL 15 3 9 7 7 7 10 11 11 15 11 22 10 12 7 7 11 F L FL 9 8 6 F L F L F L F L F L F L F L 14 7 20 5 F L FL FL FL FL FL FL FL FL FL FL FL FL F L F L FL FL F L F L FL FL FL FL FL FL F L F L F L F L F L F L F L F L FL FL FL F L F L F L FL FL V V V 10 13 6 4 13 12 22 11 15 24 22 222226 1112 11 6 12 8 14 10 13 14 V V 9 12 10 10 13 6 12 11 11 12 10 11 V 3 9 14 12 15 3 14 11 8 15 1515 V 4 4 11 12 8 V FL FL FL 1515 1211 10 7 FL FL FL OH E OH E OH E OH E W W W W W W S S T T T S T T T TTT TTT T T T S S S S S S S W W W W 3933694.250FIRE HYDRANT YIELD YIELD Y I E L D YIELD YIELD Y I E L D O N L Y O N L Y O N L Y ON L Y ON L Y ONLY 6123673.480BENCH MARK S 452670.700BENCH MARK SET OH E OH E OH E OH E W W W W W W S S T T T S T T T TTT TTT T T T S S S S S S S W W W W 5507696.7608" HACKBERRY 5505713.2306" CEDAR 4804672.830LIGHT POLE 4735675.520LIGHT POLE 4691680.730LIGHT POLE TR 3933694.250FIRE HYDRANT S S S S S S SSSS SS S S SS S S R 5 7 ' 10 8 ' 2 4 ' 24' 24 ' 60'110' 150'70' 70 ' 15 0 ' 10 0 ' 25 6 ' 100' 150' 19' 10' 28' 57' 15 0 ' 11 0 ' 35 5 ' 10 0 ' 12' 11 ' 15 0 ' 11 ' 11 ' 10' EXISTING UTILITIES TO BE TERMINATED HERE. REMAINING UTILITY LINES UNDER EXISTING COLEMAN STREET TO BE REMOVED. 25' LANDSCAPE SETBACK 30' LANDSCAPE & BUILDING SETBACK 25' LANDSCAPE SETBACK RETAINING WALLS EXISTING COLEMAN STREET TO BE ABANDONED. 50' ATMOS EASEMENT 15' UTILITY EASEMENT TXDOT EASEMENT TRACT 1 PART2 VOL. 626 PG. 567 D.R.C.C.T. TXDOT EASEMENT TRACT 3 PART 1 VOL. 630 PG. 001 D.R.C.C.T. TXDOT EASEMENT TRACT 2 PART 2 VOL. 626 PG. 567 D.R.C.C.T. TEMPORARY TYPE III BARRICADE 40' BUILDING SETBACK 15' BUILDING SETBACK 15' BUILDING SETBACK 40' BUILDING SETBACK 6' SIDEWALK TEMPORARY TYPE III BARRICADE TEMPORARY ASPHALT TO ALLOW FOR EMERGENCY VEHICLE TURN AROUND TEMPORARY TYPE III BARRICADE 25' LANDSCAPE SETBACK 89' TEMPORARY TYPE III BARRICADE 6' SIDEWALK 30' 99 ' 24 ' 24' RESTRICTED ACCESS ZONE - NO DRIVEWAYS ALLOWED PATIO PATIO PATIO PATIO RETAINING WALL R20'R20'24' 9' 27 ' 2 4 ' 3 0 ' R30' R30' R30' R30' 12' 10 ' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R778'R30' R30' R50' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R945' R30' RE S T A U R A N T ±6 , 7 6 6 S F 1 S T O R Y FF = 7 0 4 . 0 0 RE T A I L / RE S T A U R A N T ±7 , 7 2 5 S F 1 S T O R Y FF = 6 8 9 . 0 0 R E T A I L / R E S T A U R A N T ± 7 , 7 2 5 S F 1 S T O R Y F F = 6 8 7 . 0 0 ENTERTAINMENT ±47,253 SF 1 STORY FF=666.50 BLOCK B LOT 1 13.41 ACRES RICH L A N D B O U L E V A R D (90' R O W ) TRACT 2 PD-SUBDISTRICT 2 (LIFESTYLE CENTER) RETAIL/ RESTAURANT ±7,725 SF 1 STORY FF=698.00RETA I L / REST A U R A N T ±7,72 5 S F 1 ST O R Y FF=6 9 6 . 0 0 RETAIL ±7,000 SF 1 STORY FF=671.5 CO L E M A N S T R E E T (9 0 ' R O W ) PR E S T O N R O A D PR E S T O N R O A D GATES OF PROSPER PHASE 1 BLOCK A LOT 5 GATES OF PROSPER PHASE 1 BLOCK A LOT 2R GATES OF PROSPER PHASE 1 BLOCK B LOT 1 GATES OF PROSPER PHASE 1 BLOCK B LOT 2 GATES OF PROSPER RESTAURANT ±6,000 SF 1 STORY FF=672.50 RESTAURANT ±6,000 SF 1 STORY FF=675.00 RESTAURANT ±6,000 SF 1 STORY FF=671.50 RESTAURANT ±5,100 SF 1 STORY FF=672.50 RESTAURANT ±3,300 SF 1 STORY FF=672.50 24 ' TY P 10' TYP9' TYP 20 ' TY P R54' R54'R30' R30' R30' R54' R54' R30' 24' R300' R30' R30' R30' R30' RESTAURANT ±8,000 SF 1 STORY FF=669.00 REBUILD RAMPS PER TOWN OF PROSPER DETAIL R30' R30'R30' R30' R30' 2 4 ' 56' 6 ' 24 ' 71' 24' 24' 3 7 ' 3 7 ' R30' R30' R30' R30' R30' REBUILD RAMPS PER TOWN OF PROSPER DETAIL 6' 16' 16' R30' PSP-2 PR E L I M I N A R Y SI T E P L A N 00 100'200' GRAPHIC SCALE 100' NOTES NOTE: 1. ALL OPEN SPACE AND LANDSCAPING SHALL BE PROVIDED IN ACCORDANCE WITH THE REQUIREMENTS OUTLINED IN PD-67 2. BLOCKS A & B MUST CONFORM TO ALL REQUIREMENTS OUTLINED IN PD-67 AND ZONING ORDINANCE #05-20. 3. FINAL DUMPSTER/TRASH SERVICE LAYOUTS TO BE PROVIDED WITH FINAL DESIGN OF EACH BLOCK AND LOT. 4. TRASH AND LOADING ZONES ARE TO BE PLACED BEHIND RETAIL BUILDINGS. 5. ALL DIMENSIONS PROVIDED ARE FROM THE FACE OF CURB. Th i s d o c u m e n t , t o g e t h e r w i t h t h e c o n c e p t s a n d d e s i g n s p r e s e n t e d h e r e i n , a s a n i n s t r u m e n t o f s e r v i c e , i s i n t e n d e d o n l y f o r t h e s p e c i f i c p u r p o s e a n d c l i e n t f o r w h i c h i t w a s p r e p a r e d . R e u s e o f a n d i m p r o p e r r e l i a n c e o n t h i s d o c u m e n t w i t h o u t w r i t t e n a u t h o r i z a t i o n a n d a d a p t a t i o n b y K i m l e y - H o r n a n d A s s o c i a t e s , I n c . s h a l l b e w i t h o u t l i a b i l i t y t o K i m l e y - H o r n a n d A s s o c i a t e s , I n c . BY DA T E AS S H O W N RE V I S I O N S No . DA T E SHEET NUMBER CH E C K E D B Y SC A L E DE S I G N E D B Y DR A W N B Y KH A P R O J E C T 26 0 E A S T D A V I S S T R E E T , S U I T E 1 0 0 , M C K I N N E Y , T X 7 5 0 6 9 PH O N E : 4 6 9 - 3 0 1 - 2 5 8 0 F A X : 9 7 2 - 2 3 9 - 3 8 2 0 WW W . K I M L E Y - H O R N . C O M T X F - 9 2 8 RA K MN P JC R LA S T S A V E D 1 0 / 1 8 / 2 0 1 8 1 1 : 2 7 A M PL O T T E D B Y T E D E S C O , J O H N 1 0 / 1 8 / 2 0 1 8 1 : 0 7 P M DW G P A T H K : \ M K N _ C I V I L \ 0 6 8 1 0 9 0 3 0 - G A T E S O F P R O S P E R \ _ P H A S E 1 \ C A D \ P L A N S H E E T S DW G N A M E P S P . D W G , [ P S P - 2 ] IM A G E S t o w n l o g o : XR E F S x s i t e - l r c : x u t i l - l r c : x S t r m - P H 1 P S P : x U t i l - P H 1 P S P : x b r d r - p h 1 : x s u r v - p h 1 : x s i t e - p h 1 P S P : x - t r e e - p h 1 : x s t r m - l r c : x s t r i p i n g : x s u r v - p h 1 : x s i t e - p h 1 06 8 1 0 9 0 3 0 GA T E S O F P R O S P E R PH A S E 2 PR O S P E R , T E X A S © 2 0 1 8 K I M L E Y - H O R N A N D A S S O C I A T E S , I N C . 11 / 0 5 / 2 0 1 8 Not for construction or permit purposes. FOR REVIEW ONLY Engineer P.E. No.Date100472 JOSEPH C. RICCARDI 11/05/2018 N.T.S.VICINITY MAP SITE US HWY 380 (UNIVERSITY) ST A T E H W Y 2 8 9 ( P R E S T O N ) DA L L A S P K W Y BU S . 2 8 9 ( C O L E M A N ) FIRST ST LA C I M A TOWN OF PROSPER CITY OF FRISCO RI C H L A N D LO V E R S L N LOVERS LN MATCHLINE SEE SHEET PSP-1 DOUBLE DUMPSTER ADA PARKING STALL LEGEND SS W W PROP SEWER LINE PROP WATER LINE PROP STORM LINE SS W W EXIST. SEWER LINE EXIST. WATER LINE EXIST. STORM LINE FIRE HYDRANT FIRE DEPARTMENT CONNECTION STORM INLET GRATE INLET JUNCTION BOX PROP. RETAINING WALL FIRE LANE PROP. ACCESS AND UTILITY EASEMENT EXIST. CONTOURS700 380 & 289 LP 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 Kimley-Horn and Associates, Inc. 260 East Davis Street Suite 100 McKinney, Texas 75069 Contact: Joe Riccardi, P.E. Phone: (469)-301-2580 183 Land Corporation Inc. 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6. BUILDINS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MAY BE APPROVED BY THE FIRE DEPARTMENT. 7. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICAL APPROVAL AND SHALL CONFORM TO THE APPROVED FACADE PLAN. 14. SIDEWALKS OF NOT LESS THAN SIX (6') FEET IN WIDTH ALONG THROUGHFARES AND COLLECTORS AND FIVE (5') FEET IN WIDTH ALONG RESIDENTIAL STREETS, AND CARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19. ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 20. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 21. THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING AND ZONING COMMISSION, AT THE END OF WHICH THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 22. DRIVEWAYS OFF OF PRESTON SHALL BE APPROVED BY TxDOT. FINAL ALIGNMENTS OF ROADS AND DRIVEWAY CONNECTIONS SHOWN ON THIS PLAN ARE CONCEPTUAL AND SUBJECT TO FINAL APPROVAL BY TxDOT. 23. ROW DEDICATIONS SHALL BE PROVIDED AT RIGHT TURN LANES IN ACCORDANCE WITH TOWN OF PROSPER REQUIREMENTS. 24. DEVELOPMENT OF RETAIL SQUARE FOOTAGE FOR RESTAURANT USE WILL REQUIRE ADDITIONAL PARKING. 25. DEVELOPMENT OF FUTURE PAD SITES WILL REQUIRE A REVISED PRELIMINARY SITE PLAN IF NOT IN GENERAL CONFORMANCE WITH THIS PRELIMINARY SITE PLAN. S SANITARY SEWER MANHOLE -1/250 SF RETAIL STORE -1/100 SF RESTAURANT OR CAFE -1/200 SF ENTERTAINMENT FACILITY SUMMARY -RETAIL = 290,094 GSF -RESTAURANT = 90,689 GSF -ENTERTAINMENT = 47,253 GSF TOTAL PARKING REQUIRED 2,306 SPACES TOTAL PARKING PROVIDED 2,490 SPACES BLOCK A, LOT 1 [ZONED PD-67] 1 STORY RETAIL 271,294 GSF 1 STORY RESTAURANT 67,689 GSF FAR: 0.15:1 LOT COVERAGE: 15% WIDTH: ±1300' DEPTH: ±1900' INTERIOR LANDSCAPING REQUIRED: 26,100 SF INTERIOR LANDSCAPING PROVIDED: 26,100 SF OPEN SPACE REQUIRED: 3.65 AC OPEN SPACE PROVIDED: 3.83 AC PARKING REQUIRED: 1,763 SP 271,294 SF RETAIL/(250)= 1086 SP 67,689 SF RESTAURANT/(100)= 677 SP HANDICAP REQUIRED: 28 PARKING PROVIDED: 1,919 SURFACE HANDICAP PROVIDED: 47 BLOCK B, LOT 1 [ZONED PD-67] 1 STORY RETAIL 18,800 GSF 1 STORY RESTAURANT 23,000 GSF 1 ENTERTAINMENT FACILITY 47,253 GSF FAR: 0.16:1 LOT COVERAGE: 16% WIDTH: ±600' DEPTH: ±1100' INTERIOR LANDSCAPING REQUIRED: 5,985 SF INTERIOR LANDSCAPING PROVIDED: 5,985 SF OPEN SPACE REQUIRED: 0.94 AC OPEN SPACE PROVIDED: 1.22 AC PARKING REQUIRED: 543 SP 18,800 SF RETAIL/(250)= 76 SP 23,000 SF RESTAURANT/(100)= 230 SP 47,253 SF ENTERTAINMENT/(200)= 237 HANDICAP REQUIRED: 11 PARKING PROVIDED: 571 SURFACE HANDICAP PROVIDED: 18 ZONING PARKING REQUIREMENTS Item 5g 64 1 64 2 6 4 3 6 4 6 6 4 7 6 4 8 6 4 9 6 5 0 6 3 6 63 5 6 3 4 63 7 645 6 4 9 6 4 7 6 3 9 63 6 653 6 5 0 6 5 2 650 645 643637 6 3 3 632 63 1 64 0 64 6 64 6 65 8 65 5 6 5 2 6 5 0 6 4 2 6 4 5 1.71 AC EX. ZONING: PD-26 EX. USE: OFFICE/WAREHOUSE 2.49 AC EX. ZONING: PD-26 EX. USE: OFFICE/WAREHOUSE 1.65 AC EX. ZONING: PD-26 EX. USE: OFFICE/WAREHOUSE 1.51 AC EX. ZONING: PD-26 EX. USE: OFFICE/WAREHOUSE 1.50 AC EX. ZONING: PD-26 EX. USE: OFFICE/WAREHOUSE 1.54 AC EX. ZONING: PD-26 EX. USE: OFFICE/WAREHOUSE 3.74 AC EX. ZONING: PD-26 EX. USE: OFFICE/WAREHOUSE BU R L I N G T I O N N O R T H E R N S A N T A F E R A I L R O A D CO M P A N Y (1 0 0 ' R . O . W . ) EX. 75' GAS EASEMENT THE MAHARD 2003 PARTNERSHIP, L.P. VOLUME 5670, PAGE 1918 D.R.C.C.T. LAND USE: AGRICULTURAL ZONING: SF-15 PR E S T O N W O O D A D D I T I O N LO T 2 , B L O C K A DO C U M E N T N O . 2 0 0 8 1 0 3 1 0 1 0 0 0 3 8 8 0 P. R . C . C . T . LA N D U S E : A G R I C U L T U R A L ZO N I N G : O P D - 3 3 183 LAND CORPORATION, INC. DOCUMENT NO. 97-005168 TRACT 4 D.R.C.C.T. PROP. FENCED STORAGE YARD (5.67 AC / 63.1% OF LOT) 9' 60' 1 0 0 ' 250' 1 0 0 ' 250' 1 0 0 ' 245.9' 2 5 0 ' 2 5 0 ' 100' 100' 2 0 0 ' 2 0 0 ' 100'100' 2 0 0 ' 1 0 0 ' 200' 1 0 0 ' 250' 1 0 0 ' 200' LOT 1 LOT 3 LOT 4 LOT 8 8.93 AC BLOCK A LOT 2 LOT 6 LOT 7 LOT 8 LOT 5 LOT 11 LOT 10 LOT 9 1 8 ' 9'2 4 ' 8 4 . 5 ' 4 2 . 5 ' 4 2 ' 24' 9 ' 18' 24' 18' 20' 20' 24' 18' 24' 211'30'292.5'30'199.4'24' INDUSTRY WAY TE C H N O L O G Y L N 108.5'30'149.5' 3 4 7 ' 3 0 ' 3 4 7 ' 212.5'30'152.5'30'430.5'30'192.8' 24'24' 54' 120.5'30' 9 ' 20' 20' 9 ' 24' 24' 2 4 ' 1 8 ' 9' 84' 42'42' 24' 18' 9 ' 2 4 ' 1 8 ' 9' 6' SIDEWALK 6' SIDEWALK 6' SIDEWALK 84' 42'42' 18' 9 ' 9' 2 4 ' 1 8 ' 24' 18' 9 ' 24' 18' 24' 9' 18' 5 4 . 5 ' 24' 18' 24' 36' 3 6 ' 2 0 ' 2 4 ' 2 4 ' 9' 6' SIDEWALK 36' 5 ' U . E . 1 5 ' L A N D S C A P E S E T B A C K 5 0 ' B U I L D I N G S E T B A C K 5' UTILITY EASEMENT 15' LANDSCAPE SETBACK 5 ' U T I L I T Y E A S E M E N T 1 5 ' L A N D S C A P E S E T B A C K 5 0 ' B U I L D I N G S E T B A C K 5' UTILITY EASEMENT 15' LANDSCAPE SETBACK 50' BUILDING SETBACK 2 4 ' 8' SCREEN WALL MATERIAL TO MATCH BLDG. 8' SCREEN WALL MATERIAL TO MATCH BLDG. 8' SCREEN WALL MATERIAL TO MATCH BLDG. 8' SCREEN WALL MATERIAL TO MATCH BLDG. 8' SCREEN WALL MATERIAL TO MATCH BLDG. 6 0 ' S89°57'14"W 478.12' N0 ° 1 3 ' 4 0 " E 20 8 . 5 0 ' N45°05'27"E 35.44' N89°57'14"E 452.00' N0 ° 0 2 ' 4 6 " W 23 3 . 5 0 ' N0 ° 0 2 ' 4 6 " W 11 3 . 6 3 ' N89°57'14"E 286.00'S89°57'14"W 263.00' N45°02'46"W 35.36' N0 ° 0 2 ' 4 6 " W 32 5 . 0 0 ' N89°57'14"E 215.50'N89°57'14"E 72.50' S0 ° 0 2 ' 4 6 " E 35 0 . 0 0 ' S89°57'14"W 110.00'S89°57'14"W 132.50'N86°16'19"W 43.59' N86°16'19"W 1.92' S0 ° 0 2 ' 4 6 " E 32 . 0 0 ' S89°57'14"W 472.65' S0 ° 1 3 ' 4 0 " W 22 6 . 5 0 ' S44°54'33"E 35.27' N89°57'14"E 431.35' N0 ° 0 2 ' 4 6 " W 25 1 . 5 0 ' N89°57'14"E 200.00'N89°57'14"E 182.50'N89°57'14"E 190.50' N44°57'14"E 35.36' N0 ° 0 2 ' 4 6 " W 32 5 . 0 0 ' N0 ° 0 2 ' 4 6 " W 35 0 . 0 0 ' N0 ° 0 2 ' 4 6 " W 35 0 . 0 0 ' N89°57'14"E 406.18' N4 5 ° 0 5 ' 2 7 " E 35 . 4 4 ' N0 ° 1 3 ' 4 0 " E 20 8 . 5 0 ' S89°57'14"W 416.90' S3 ° 4 3 ' 4 1 " W 23 4 . 0 1 ' N89°57'14"E 357.45' S89°57'14"W 372.85' N0 ° 0 2 ' 4 6 " W 23 3 . 5 0 ' N89°57'14"E 296.00' S0 ° 0 2 ' 4 6 " E 23 3 . 5 0 ' S89°57'14"W 296.00' CO O K L N LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 2 0 ' 20.0'R 30.5'R 20.5'R 20.5'R 30.0'R30.0'R 20.5'R 30.5'R 30.5'R 30.0'R 30.5'R 30.5'R 30.5'R 30.5'R 30.5'R 30.5'R 30.5'R 30.5'R 30.5'R 30.5'R 30.5'R 30.5'R 30.5'R 30.5'R 30.5'R 30.5'R 20.5'R 30.5'R 20.5'R30.5'R30.5'R GATE 50' BUILDING SETBACK 1 5 ' L A N D S C A P E S E T B A C K 90 4 ' - L I V I N G S C R E E N 5.5' 5.5' 5 . 5 ' FDC EX. FH EX. FH EX. FHEX. FH FH FH FH FH FH FH FH FH FH FH FHFHFH FH FH FHFHFHFH FH FH FH FH FH FH FH FH FDC FDC FDC FDC FDC FDC FDC FH FH FDC FDC FDC 24' FH 24.0' GRAVEL ACCESS ROAD 24.0' GRAVEL ACCESS ROAD 3 0 . 0 ' B L D G . S E T B A C K E X . 3 0 . 0 ' F . A . D . U . E . GATE 50.0' BLDG. SETBACK 30.0' BL D G . SETBA C K EX. ELE C . EASEM E N T 15.0' LANDSAPE SETBACK CO L L E C T O R 6 0 . 0 ' R . O . W . (U N D E R D E S I G N B Y O T H E R S ) COOK LANE 60.0' R.O.W. (UNDER DESIGN BY OTHERS) 1 2 . 0 ' B L D G . S E T B A C K FH FH BLOCK B 10' SANITARY SEWER EASEMENT VOL. 2017, PG. 715-718 P.R.C.C.T. 8' SCREEN WALL MATERIAL TO MATCH BLDG. 8' SCREEN WALL MATERIAL TO MATCH BLDG. DA T E No . RE V I S I O N BY DATE: SHEET File No. 2018-120 CHECKED: HCV DRAWN:HCV DESIGN: PR O S P E R B U S I N E S S P A R K CO O K L A N E & P R O S P E R T R A I L PR O S P E R , T E X A S TO W N C A S E # : 19 0 3 C E N T R A L D R I V E , S U I T E # 4 0 6 PH O N E : 8 1 7 . 2 8 1 . 0 5 7 2 BE D F O R D , T X 7 6 0 2 1 W W W . C L A Y M O O R E E N G . C O M TEXAS REGISTRATION #14199 PRELIMINARY CLAYMOORE ENGINEERING MAM 10/29/2018 PR E L I M I N A R Y S I T E P L A N SP-1 0 GRAPHIC SCALE 1 inch = ft. 5060 60 120 60 30 COUNTY SURVEY:ABSTRACT NO. COLLIN COUNTY SCHOOL 147 CITY:STATE: TOWN OF PROSPER TEXAS LEGAL DESCRIPTION: OWNER: APPLICANT: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PH: 817.281.0572 CROSSLAND TEXAS INDUSTRIAL 861 N. COLEMAN ST PROSPER, TX 75078 PH: 972.347.5659 CASE #: D18-0083 PROSPER BUSINESS PARK CONTACT NAME: ROCKY HUSSMAN CONTACT NAME: MATT MOORE NO PORTION OF THIS TRACT LIES WITHIN A 100-YEAR FLOOD PLAIN, OR IN A FLOOD HAZARD AREA ACCORDING TO THE NATIONAL FLOOD INSURANCE PROGRAM, FLOOD INSURANCE RATE MAP NUMBER 48085C0235J, WITH EFFECTIVE DATE OF JUNE 2, 2009 FLOODPLAIN NOTE VICINITY MAP N.T.S. TOWN OF PROSPER SITE PLAN GENERAL NOTES: 1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 14.SIDEWALKS OF NOT LESS THAN SIX (6’) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5’) IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19. ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 20. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 21. ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 22. THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF EIGHTEEN (18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE PROPERTY, IS NULL AND VOID. LEGEND PROPERTY LINE EASEMENT/SETBACK (AS NOTED) FIRE LANE COLLIN LOT 8-11, BLOCK A, LOT 8, BLOCK B, PROSPER BUSINESS PARK AN ADDITION TO THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS AND BEING A PORTION OF THE COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NUMBER 147, COLLIN COUNTY TEXAS U.S. HIGHWAY 380 S C O L E M A N S T W FIRST ST DA L L A S P K W Y PROSPER TRAIL CO O K L N S P R E S T O N R D SITE TYPICAL LOT DETAIL NTS BLOCK B BLOCK A Item 5g SITE LEGEND CONCRETE CURB SAW-CUT LINE MONUMENT/PYLON SIGN WHEEL STOPS HANDICAP SIGN HANDICAP LOGO STRIPING BOLLARD FENCE RAMP PARKING SPACES DUMPSTER 6 RETAINING WALL N 88°40'10" E 168.65' S 76°0 5 ' 3 7 " E 1 1 4 . 0 9 ' S 6 2 ° 5 2 ' 4 6 " E 2 4 8 . 9 9 ' N 88°34'34" E 408.33' S 63° 3 5 ' 4 8 " W 1 1 3 . 0 3 ' N 89°23'17" W 426.11' S 0 0 ° 3 8 ' 3 2 " W 67 . 9 4 ' WEST 380.62' N 0 0 ° 0 6 ' 3 9 " W 2 4 0 . 5 1 ' LOT 5, BLOCK A, WINDSONG RANCHMARKETPLACE VOL. 2017, PG. 312, P.R.D.C.T. LOT 4, BLOCK A, WINDSONG RANCHMARKETPLACE VOL. 2017, PG. 312, P.R.D.C.T. LOT 7, BLOCK A, WINDSONG RANCHMARKETPLACE VOL. 2017, PG. 312, P.R.D.C.T. FOREST CITY PROSPER LIMITED PARTNERSHIP INST. NO. 2012-59924, O.P.R.D.C.T. TVG TEXAS I, LLC INST. NO. 2012-59927, O.P.R.D.C.T. GE E R O A D (V A R I A B L E W I D T H R I G H T - O F - W A Y ) KROGER TEXAS, L.P. INST. NO. 2014-64057, O.P.R.D.C.T. NORTHEAST 423/380 LTD. INST. NO. 2014-64053, O.P.R.D.C.T. NORTHEAST 423/380 LTD. INST. NO. 2014-64053, O.P.R.D.C.T. Z O N E X Z O N E A E R5' R5' R5'R10' R5' R15' ACE MONTESSORI SCHOOL F.F.E.=566.25 R15' R15' 9 ' 11 6 6 6 4 4 R2' R10' R10' R2' R2' R2' R5' 4 R2' R2' R1' R2' R2' R5'R22' R30' 5 ' 2.5' 2 0 ' 9' 18'24'18' 6' 24' 9 ' 9 ' 18' 9 ' 1 8 ' 9' 11' 10.86' 1 0 2 . 8 1 ' 20' 9 ' 20' R1' R2' R2'R1' 5 ' 142.52' 131.5' 30' 5 . 4 6 ' 7 . 5 2 ' 8.46' 5 ' 1 3 . 3 3 ' 2' OVERHANG 2' OVERHANG PLAYGROUND (13,954 SF) 9 ' 13.33' x 15.33' x 8' TALL TRASH ENCLOSURE. PER ARCH PLANS. MATERIAL TO MATCH BUILDING. SIDEWALK SIDEWALKADA SIGN RAMP 6' FENCE 4' FENCE W/GATES 6' FENCE W/GATES 6' FENCE W/GATES MAX. 6' HIGH RETAINING WALL W/ FENCE. DESIGN AND BUILT BY CONTRACTOR RETAINING WALL W/ FENCE. DESIGN AND BUILT BY CONTRACTOR MAX. 6.5' HIGH RETAINING WALL W/ FENCE. DESIGN AND BUILT BY CONTRACTOR STEPS SIDEWALK SIDEWALK 15.33' 6' BOLLARDS TYP. EX. FIRE HYDRANT EX. FIRE HYDRANT EX. FIRE HYDRANT HANDRAIL 1 0 ' 1 0 0 . 0 4 ' 3 1 . 7 2 ' 6' FENCE 36.98' 5 ' 39.31' GM Y I 2 6 . 5 1 ' GROCERY STORE SHOPPING CENTER VACANT ZONING:RETAIL/RESTAURANT ZONING:RETAIL/RESTAURANT ZONING: PD-40 1 0 3 . 4 3 ' 125.67'4' 5 1 . 8 3 ' 30 . 0 4 ' 97.29' 30 . 8 3 ' 2 4 . 8 1 ' 3 7 . 7 7 ' ADA SIGN 3' DOOR GATE 2 4 ' 10 ' 10.36' 1 1 . 7 7 ' 1 2 ' 10.48' 1 0 . 4 2 ' 1 0 . 0 6 ' 1 1 . 3 9 ' 3' TALL BERMS REQUIRED ALONG GEE ROAD. SEE GRADING PLAN FOR BERM LAYOUT. 5' LANDSCAPE BUFFER 5' 5' LANDSCAPE BUFFER 5' 60' BS 60' B S 30 ' B S 37.16' HEADLIGHT SCREENING HEADLIGHT SCREENING BUILDING LINE EASEMENT BOUNDARY CONCRETE BRICK STONE WOOD DECK GRAVEL HIGHBANK LINE PARKING STRIPE BUILDING WALL TILE FIRE LANE STRIPE PIPE RAIL FENCE NO PARKING CON. RET. WALL HANDICAP SPACETELE. BOX CABLE BOX 1/2" IR FOUND 1/2" IR SET WATER METER GAS METER OHU OVERHEAD UTILITY LINE BARBED WIRE FENCE IRON FENCE CHAINLINK FENCE WOOD FENCE X A.C. PAD UTILITY POLE 5/8" IR FOUND ASPHALT TRANS. BOX 60-D NAIL FOUND ELECTRIC BOX 3/8" IR FOUND SAN. SEW. CO. PK NAIL SET STONE RET. WALL BRICK RET. WALLIR. VALVE STORM DRAIN MH. SAN. SEW. MH. IRRIGATION VALVE WATER VALVE FIRE HYDRANT BRICK COLUMN STONE COLUMN GUY WIRE ANCHOR 1/2" IP FOUND BOLLARD POST LIGHT POLE COVERED AREA GAS MARKER 1" IR FOUND 1" IP FOUND POINT FOR CORNER 3/4" IP FOUND CON. MONUMENT X-FOUND X-SET EXISTING LEGEND DENTON COUNTY, TEXAS ACE MONTESSORI SCHOOL D18-0096 SITE PLAN Feet 0 30 60 C-3.0TX PE FIRM #11525 T: 214.609.9271 F: 469.359.6709 E: kpatel@triangle-engr.com W: triangle-engr.com O: 1784 McDermott Drive, Suite 110, Allen, TX 75013 Planning Civil Engineering Construction Management WINDSONG RANCHMARKET PLACE LOT 5, BLOCK A SITE VICINITY MAP N.T.S. MAPSCO ~ 254 - X US HWY 380 GE E R D . WI N D S O N G P K W Y . TOWN OF PROSPER SITE PLAN GENERAL NOTES 1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 14. SIDEWALKS OF NOT LESS THAN SIX (6’) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5’) IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19. ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT 20.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS 21. THE APPROVAL OF SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF EIGHTEEN (18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE PROPERTY, IS NULL AND VOID DAYCAREPROPOSED USE: NUMBER OF LOTS: EXISTING ZONING: GROSS SITE ACREAGE: PROPOSED BUILDING AREA: 1 PD-40 (SUP# 18-0006) 2.51 ACRES OR 109,247 S.F. 12,457 S.F. IMPERVIOUS COVERAGE:63,928 S.F. (58.52%) TOTAL PARKING REQUIRED:41 PARKING SPACES SITE DATA SUMMARY TABLE PROPOSED BUILDING HEIGHT:27'-6" HANDICAP PARKING PROVIDED: 2 (1 VAN ACCESSIBLE) FLOOR AREA RATIO 11.4% HANDICAP PARKING REQUIRED: 2 (1 VAN ACCESSIBLE) LOT COVERAGE 58.52% INTERIOR LANDSCAPE REQUIRED: 615 S.F. OF LANDSCAPE AREA INTERIOR LANDSCAPE PROVIDED: 2,225 S.F. OF LANDSCAPE AREA *1 PER 10 STUDENTS & 1 PER STAFF TOTAL PARKING PROVIDED:41 PARKING SPACES REQUIRED USABLE OPEN SPACE (7%) 7,648 S.F. PROVIDED USABLE OPEN SPACE (S.F.) 24,752 S.F. 205 STUDENTS & 20 STAFF PLAY AREA REQUIRED: (205x65) PLAY AREA PROVIDED: 13,325 S.F. 13,954 S.F. NOTE 1. ALL DIMENSIONS ARE FROM FACE TO FACE OF CURB. TOWN OF PROSPER ID D I WATER METER & SANITARY SEWER SCHEDULE TYPE SIZE NO.SAN. SEW. DOM.2"1 6" IRR.1"1 N/A Item 5g L . N E T H E R L Y S U R V E Y A B S T R A C T N o . 9 6 2 D E N T O N C O . RIGHT OF WAY DED I C A T I O N 1.961 ACRES (85,411 S Q . F T . ) DEDICATED TO THE T O W N O F PROSPER IN FEE SI M P L E D O C . N O . 2016-241 P.R.D.C.T.VOL.2016, PG. 400 P . R . C . C . T . PRAIRIE DRIVE RIGHT OF WAY DEDICATION DEDICATED TO THE TOWN OF PROSPER IN FEE SIMPLE, DOC. NO. 2016,-242, P.R.D.C.T. L E G A C Y D R I V E W E S T W O O D D R I V E 2 4 ' 1 8 ' 1 7 ' 9 ' 9 ' R 5 4 ' R 2 0 ' R 5 4 ' R 3 0 ' R 3 0 ' R 5 4 ' L 3 L 2 L 4 1 0 1 1 8 3 0 ' D R I V E W A Y 1 0 1 . 0 6 ' 1 5 3 . 4 4 ' 2 4 ' D R I V E W A Y 3 4 . 9 9 ' 3 1 6 . 0 1 ' 1 4 9 . 0 1 ' 2 4 ' 1 6 ' R 3 0 ' R 4 0 ' 2 4 ' F A U E 2 4 ' F A U E D A Y C A R E 1 0 , 2 7 3 S . F . 1 5 ' L . B . 2 ' O H 1 5 ' L . B . 1 5 ' L . B . R 3 0 ' 4 1 2 0 ' R . O . W . 6 0 ' R . O . W . 9 ' 1 0 ' 6 5 . 7 5 ' 3 0 ' B . S . 3 0 ' B . S . 2 5 ' R 2 8 0 ' R 2 8 0 ' G R O S S A R E A : 2 . 2 9 7 A C R E S ( 1 0 0 , 0 6 3 S . F ) R . O . W . D E D I C A T I O N : 0 . 0 7 A C R E S ( 3 , 0 6 2 S . F ) R 3 0 ' 1 2 1 0 ONLYONLY 1 8 ' 6 ' 6 ' 1 8 ' 1 8 ' 2 4 ' 6 ' 2 4 ' 5 ' 6 ' 1 8 ' 4 2 ' 6 ' 3 6 ' L 1 R 3 0 ' R 3 0 ' 7 2 . 5 ' 1 5 . 5 ' 3 0 5 0 ' ± T O U S 3 8 0 2 4 ' R 1 5 ' R 1 5 ' R 1 0 ' 7 5 . 6 9 ' 1 3 1 . 0 8 ' 1 1 ' 1 6 ' 1 6 ' R 2 ' R 2 ' 1 6 ' 1 1 ' R 2 ' R 2 ' 2 ' O H 2 ' O H 2 ' O H 1 6 0 . 2 4 ' 6 8 . 2 3 ' H . S . H . S . H . S . 6 2 ' 1 0 ' S T R E E T E A S E M E N T 1 5 ' L . B . 3 0 ' B . S . 1 3 1 . 0 8 ' 6 5 . 7 5 ' 5 ' R I G H T O F W A Y D E D I C A T I O N 4 . 4 9 4 A C R E S ( 1 9 5 , 7 4 3 S Q . F T . ) D E D I C A T E D T O T H E T O W N O F P R O S P E R I N F E E S I M P L E , D O C . N O . 2 0 1 6 - 2 2 4 8 , P . R . D . C . T . L O T 6 , B L O C K A , P R O S P E R C E N T E R V O L . 2 0 1 7 , P G . 1 5 0 , P . R . D . C . T . O W N E R : T O W N O F P R O S P E R Z O N I N G : P D - 6 5 L A N D U S E : V A C A N T F U T U R E L A N D U S E P L A N : M E D I U M D E N S I T Y R E S I D E N T I A L L O T 5 , B L O C K A , P R O S P E R C E N T E R V O L . 2 0 1 7 , P G . 1 5 0 , O W N E R : P R O S P E R P A R T N E R S L . P . Z O N I N G : P D - 6 5 L A N D U S E : V A C A N T F U T U R E L A N D U S E P L A N : M E D I U M D E N S I T Y R E S I D E N T I A L L O T 1 R 1 , B L O C K A P R O S P E R C E N T E R O W N E R : S R K M R R E A L E S T A T E H O L D I N G S 2 L L C Z O N I N G : P D - 6 5 L A N D U S E : V A C A N T F U T U R E L A N D U S E P L A N : D A Y C A R E F . D . C 1 5 ' W . E . F H 4 . 5 ' R I G H T O F W A Y D E D I C A T I O N 2 . 9 2 3 A C R E S ( 1 2 7 , 3 4 2 S Q . F T . ) D E D I C A T E D T O T H E T O W N O F P R O S P E R I N F E E S I M P L E , D O C . N O . 2 0 1 6 - 2 4 1 , P . R . D . C . T . R I G H T - O F - W A Y D E D I C A T I O N 0 . 0 7 A C R E ( 3 , 0 6 2 S . F . ) H I L L S A T L E G A C Y P H A S E 1 B L O C K A O W N E R : M E R I T A G E H O M E S O F T E X A S L L C Z O N I N G : P D - 6 5 L A N D U S E : S I N G L E F A M I L Y R E S I D E N T I A L 5 0 ' 1 3 . 3 3 ' 1 5 . 3 3 ' 1 0 ' W . E . P R O P . 2 5 ' L A N D S C A P E / P E D E S T R I A N A C C E S S E A S E M E N T 1 0 ' 2 5 ' 8 ' 1 0 ' W . E . 8 ' 2 2 ' F H 1 0 ' X 1 0 ' W . E . F H 1 0 ' W . E . L 5 6 ' S I D E W A L K 6 ' S I D E W A L K 6 ' S I D E W A L K 6 ' S I D E W A L K 6 ' S I D E W A L K P L A Y G R O U N D A R E A R E Q U I R E D : 1 2 , 0 9 0 S . F . P R O V I D E D : 1 3 , 3 2 5 S . F . B . F . R . 6 ' H I G H B R I C K A N D / O R S T O N E S C R E E N I N G W A L L F O R T R A S H E N C L O S U R E W / M E T A L G A T E S . ( N O T E : M E T A L G A T E S A R E A T O B E E Q U A L I N H E I G H T W I T H T H E E N C L O S U R E ) . M A T E R I A L S T O M A T C H W I T H B U I L D I N G E X T E R I O R E N D . 6 ' H I G H B R I C K M A S O N R Y S C R E E N I N G W A L L B E G I N . 6 ' H I G H B R I C K M A S O N R Y S C R E E N I N G W A L L 6 ' H I G H . B R I C K M A S O N R Y S C R E E N I N G W A L L R I G H T T U R N L A N E B . F . R . 6 ' H I G H W R O U G H T I R O N F E N C E W / M E T A L G A T E S A R O U N D P L A Y G R O U N D 5 ' 1 0 ' H I K E / B I K E T R A I L 1 0 ' H I K E / B I K E T R A I L B . F . R . 4 9 . 4 2 ' F I R E H Y D R A N T A P P R O X I M A T E L O C A T I O N O F H V A C U N I T S O N R O O F ( T Y P ) R I G H T T U R N L A N E F I R E H Y D R A N T F I R E H Y D R A N T R I G H T T U R N L A N E S W LEGENDW.E.WATERLINE EASEMENT LEGENDSANITARY SEWER EASEMNETDRAINAGE EASEMENT S.E.D.E.GRGAS RISERB.S.BUILDING SET BACKL.B.LANDSCAPE BUFFERPROPOSED 24' WIDE FIRE LANE 3 C.O.6''SS 8''WSITE DATA SUMMARY TABLEZONINGPROPOSED USE GROSS LOT AREALOT COVERAGEFLOOR AREA RATIO MAX. BUILDING HEIGHT (FEET/ STORY)OPEN SPACE REQUIREDIMPERVIOUS COVERAGE PARKING REQUIREMENTSBUILDINGALPHA MONTESSORI SCHOOL "PD-65" DAYCARE2.367 ACRES (103,125 S.F.)2.297 ACRES (100,063 S.F.)TOTAL BUILDING AREA10,273 S.F.13.28%0.13:1 30'-10.5" / ONE STORY15 S.F.X 55 SPACE (825 S.F.)PARKING REQUIRED39 (186 STUDENTS & 20 STAFF)TOTAL PARKING REQUIRED 39TOTAL PARKING PROVIDED 55HANDICAP PARKING REQUIRED PER ADA3 O.H.OVERHANGB.F.R.BARRIER FREE RAMPSFEMA NOTES1. ACCORDING TO MAP NO. 48085C0230J, DATED JUN E 2 , 2 0 0 9 O F T H E N A T I O N A L F L O O D I N S U R A N C E P R O G R A M M A P , F L O O D I N S U R A N C E R A T E M A P O F C O L L I N C O U N T Y , T E X A S , A N D M A P N O . 48121C0430G, DATED APRIL 18, 2011 OF THE NATIO N A L F L O O D I N S U R A N C E P R O G R A M M A P , F L O O D I N S U R A N C E R A T E M A P O F D E N T O N C O U N T Y , T E X A S , F E D E R A L E M E R G E N C Y M A N A G E M E N T AGENCY, FEDERAL INSURANCE ADMINISTRATION, T H I S P R O P E R T Y I S L O C A T E D W I T H I N Z O N E X ( U N S H A D E D ) A N D I S N O T W I T H I N A S P E C I A L F L O O D H A Z A R D A R E A . 2. NO 100-YEAR FLOODPLAIN EXISTS ON THE PROPER T Y . B O U N D A R Y L I N E D A T A L I N E S 4 0 ° 3 6 ' 1 4 " W 2 5 0 . 0 0 ' L 1 L 2 B E A R I N G L E N G T H L 3 L 4 N 4 9 ° 2 3 ' 4 6 " W 3 4 0 . 0 0 ' N 4 0 ° 3 6 ' 1 4 " E 2 7 5 . 0 0 ' S 4 9 ° 2 3 ' 4 6 " E 3 6 5 . 0 0 ' 42,209 S.F. (42.18 % )57,854 S.F. (57.82 % ) E N G I N E E R T R I A N G L E E N G I N E E R I N G L L C 1 3 3 3 M c D E R M O T T R O A D S T E 2 0 0 A L L E N , T E X A S 7 5 0 1 3 C O N T A C T : K A R T A V Y A P A T E L T E L : ( 2 1 4 ) 6 0 9 - 9 2 7 1 S U R V E Y O R K I M L E Y H O R N & A S S O C I A T E S , I N C . 5 7 5 0 G E N E S I S C O U R T , S T E 2 0 0 F R I S C O , T E X A S 7 5 0 3 4 C O N T C T : S Y L V I A N A G U N A W A N T E L : ( 9 7 2 ) 3 3 5 - 3 5 8 0 F A X : ( 9 7 2 ) 3 3 5 - 3 7 7 9 OWNER/APPLICANTSRKMR REAL ESTATE HOLDINGS 2 LLC1333 McDERMOTT ROAD STE 2 0 0 ALLEN, TEXAS 75013CONTACT:KARTAVYA PATELTEL: (214) 609-9271 HANDICAP PARKING PROVIDED 3 N O T E 1 . T H E T H O R O U G H F A R E A L I G N M E N T S S H O W N O N T H I S E X H I B I T A R E F O R I L L U S T R A T I O N P U R P O S E S A N D D O E S N O T S E T T H E A L I G N M E N T . T H E A L I G N M E N T I S D E T E R M I N E D A T T H E T I M E O F F I N A L P L A T . 2 . A L L D I M E N S I O N S A R E F R O M F A C E - T O F A C E O F C U R B NET LOT AREA(1 PER 10 STUDENTS & 1 PER STAFF)LANDSCAPING PROVIDED H.S.PROPOSED HEADLIGHT SCREENING T O W N O F P R O S P E R S I T E P L A N G E N E R A L N O T E S 1 . D U M P S T E R S A N D T R A S H C O M P A C T O R S S H A L L B E S C R E E N E D I N A C C O R D A N C E W I T H T H E Z O N I N G O R D I N A N C E . 2 . O P E N S T O R A G E , W H E R E P E R M I T T E D , S H A L L B E S C R E E N E D I N A C C O R D A N C E W I T H T H E Z O N I N G O R D I N A N C E . 3 . O U T D O O R L I G H T I N G S H A L L C O M P L Y W I T H T H E L I G H T I N G A N D G L A R E S T A N D A R D S C O N T A I N E D W I T H I N T H E Z O N I N G O R D I N A N C E A N D S U B D I V I S I O N O R D I N A N C E . 4 . L A N D S C A P I N G S H A L L C O N F O R M T O L A N D S C A P E P L A N S A P P R O V E D B Y T H E T O W N . 5 . A L L E L E V A T I O N S S H A L L C O M P L Y W I T H T H E S T A N D A R D S C O N T A I N E D W I T H I N T H E Z O N I N G O R D I N A N C E . 6 . B U I L D I N G S O F 5 , 0 0 0 S Q U A R E F E E T O R G R E A T E R S H A L L B E 1 0 0 % F I R E S P R I N K L E D . A L T E R N A T I V E F I R E P R O T E C T I O N M E A S U R E S M A Y B E A P P R O V E D B Y T H E F I R E D E P A R T M E N T . 7 . F I R E L A N E S S H A L L B E D E S I G N E D A N D C O N S T R U C T E D P E R T O W N S T A N D A R D S O R A S D I R E C T E D B Y T H E F I R E D E P A R T M E N T . 8 . T W O P O I N T S O F A C C E S S S H A L L B E M A I N T A I N E D F O R T H E P R O P E R T Y A T A L L T I M E S . 9 . S P E E D B U M P S / H U M P S A R E N O T P E R M I T T E D W I T H I N A F I R E L A N E . 1 0 . H A N D I C A P P E D P A R K I N G A R E A S A N D B U I L D I N G A C C E S S I B I L I T Y S H A L L C O N F O R M T O T H E A M E R I C A N S W I T H D I S A B I L I T I E S A C T ( A D A ) A N D W I T H T H E R E Q U I R E M E N T S O F T H E C U R R E N T , A D O P T E D B U I L D I N G C O D E . 1 1 . A L L S I G N A G E I S S U B J E C T T O B U I L D I N G O F F I C I A L A P P R O V A L . 1 2 . A L L F E N C E S A N D R E T A I N I N G W A L L S S H A L L B E S H O W N O N T H E S I T E P L A N A N D A R E S U B J E C T T O B U I L D I N G O F F I C I A L A P P R O V A L . 1 3 . A L L E X T E R I O R B U I L D I N G M A T E R I A L S A R E S U B J E C T T O B U I L D I N G O F F I C I A L A P P R O V A L A N D S H A L L C O N F O R M T O T H E A P P R O V E D F A Ç A D E P L A N . 1 4 . S I D E W A L K S O F N O T L E S S T H A N S I X ( 6 ’ ) F E E T I N W I D T H A L O N G T H O R O U G H F A R E S A N D C O L L E C T O R S A N D F I V E ( 5 ’ ) I N W I D T H A L O N G R E S I D E N T I A L S T R E E T S , A N D B A R R I E R F R E E R A M P S A T A L L C U R B C R O S S I N G S S H A L L B E P R O V I D E D P E R T O W N S T A N D A R D S . 1 5 . A P P R O V A L O F T H E S I T E P L A N I S N O T F I N A L U N T I L A L L E N G I N E E R I N G P L A N S A R E A P P R O V E D B Y T H E E N G I N E E R I N G D E P A R T M E N T . 1 6 . S I T E P L A N A P P R O V A L I S R E Q U I R E D P R I O R T O G R A D I N G R E L E A S E . 1 7 . A L L N E W E L E C T R I C A L L I N E S S H A L L B E I N S T A L L E D A N D / O R R E L O C A T E D U N D E R G R O U N D . 1 8 . A L L M E C H A N I C A L E Q U I P M E N T S H A L L B E S C R E E N E D F R O M P U B L I C V I E W I N A C C O R D A N C E W I T H T H E Z O N I N G O R D I N A N C E . 1 9 . A L L L A N D S C A P E E A S E M E N T S M U S T B E E X C L U S I V E O F A N Y O T H E R T Y P E O F E A S E M E N T . 2 0 . I M P A C T F E E S W I L L B E A S S E S S E D I N A C C O R D A N C E W I T H T H E L A N D U S E C L A S S I F I C A T I O N ( S ) I D E N T I F I E D O N T H E S I T E D A T A S U M M A R Y T A B L E ; H O W E V E R , C H A N G E S T O T H E P R O P O S E D L A N D U S E A T T H E T I M E C O A N D / O R F I N I S H - O U T P E R M I T M A Y R E S U L T I N A D D I T I O N A L I M P A C T F E E S A N D / O R P A R K I N G R E Q U I R E M E N T S 2 1 . T H E A P P R O V A L O F S I T E P L A N S H A L L B E E F F E C T I V E F O R A P E R I O D O F E I G H T E E N ( 1 8 ) M O N T H S F R O M T H E D A T E O F A P P R O V A L B Y T H E P L A N N I N G & Z O N I N G C O M M I S S I O N , A T T H E E N D O F W H I C H T I M E T H E A P P L I C A N T M U S T H A V E S U B M I T T E D A N D R E C E I V E D A P P R O V A L O F E N G I N E E R I N G P L A N S A N D B U I L D I N G P E R M I T S . I F E N G I N E E R I N G P L A N S A N D B U I L D I N G P E R M I T S A R E N O T A P P R O V E D , T H E S I T E P L A N A P P R O V A L , T O G E T H E R W I T H A N Y P R E L I M I N A R Y S I T E P L A N F O R T H E P R O P E R T Y , I S N U L L A N D V O I D . A L P H A M O N T E S S O R I S C H O O L S I T E D E V E L O P M E N T 2 . 3 6 7 A C R E S I N T H E L . N E T H E R L Y S U R V E Y A B S T R A C T N O . 9 6 2 T O W N O F P R O S P E R , D E N T O N C O U N T Y , T E X A S TETE T X P E F I R M # 1 1 5 2 5 T : 2 1 4 . 6 0 9 . 9 2 7 1 F : 4 6 9 . 3 5 9 . 6 7 0 9 E : k p a t e l @ t r i a n g l e - e n g r . c o m W : t r i a n g l e - e n g r . c o m O : 1 7 8 4 W M c D e r m o t t D r i v e , S u i t e 1 1 0 , A l l e n , T X 7 5 0 1 3 P l a n n i n g C i v i l E n g i n e e r i n g C o n s t r u c t i o n M a n a g e m e n t P R O S P E R C E N T E R A D D I T I O N B L O C K A , L O T 1 R 1 2 . 2 9 7 A C R E S ( 1 0 0 , 0 6 3 S . F . ) L . N E T H E R L Y S U R V E Y A B S T R A C T N O . 9 6 2 T O W N O F P R O S P E R D E N T O N C O U N T Y , T E X A S VICINITY MAPN.T.S FRISCO PROSPER380 COUNTYLINE ROADDALLAS NORTH TOLLWAYFISHTRAP1ST TEEL PKWYLEGACYPRAIRIESITE C A S E # D 1 8 - 0 0 6 2 S I T E P L A N N O T E R E F E R " L A K E S A T L E G A C Y P H A S E 1 " P L A N S P R E P A R E D B Y K I M L E Y H O R N F O R D E V E L O P M E N T A L O N G L E G A C Y D R I V E . L 5 S 8 5 ° 3 6 ' 1 4 " E 3 5 . 3 6 ' I t e m 5 g APPROX.4,915 SF66 66FFE: 573.0053'PROP.ADA RAMPPROP.ADA RAMP 108'2 PROP.ADA RAMPFLFLFLFLFL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLU.S. HIGHWA Y 3 8 0 8'R 30'R 3 2 ' R 5 ' R 4'R 15'R10'R 13'15'15'15'23.4'20'15.6' 1 4 ' 20'9'9'9'9'10'10'6'14.5' 3 7 . 5 ' 3 2 ' 24'20'40'24'4.4'6' 24' 10'39.8'5'60.5'102'8'5'11'20' 5 . 5 ' 10.5' 4' R 4'R 24'4'R 4'R 4'R 4'R4'R4'R4'R 4'R 122PROP. 3'CURB CUT8'R5'6.2'50'15'R4'R 30'30'R10'R 3 7 . 5 ' 73.4'6'3.5' 1 " = 2 0 ' 0 2 0 5 1 0 2 0 B U L K R E Q U I R E M E N T S : A L L O W E D / R E Q U I R E D P R O V I D E D A . L O T Z O N I N G N / A C - C O M M E R C I A L B . P R O P O S E D U S E N / A A U T O M O B I L E R E P A I R , M I N O R C . L O T A R E A 1 0 , 0 0 0 S F 4 4 , 9 2 2 S F , 1 . 0 3 1 A C D . B U I L D I N G A R E A N / A 4 , 9 1 5 S F E . B U I L D I N G H E I G H T 2 S T O R I E S , M A X . 4 0 ' 1 S T O R Y , 2 2 ' F . L O T C O V E R A G E M A X . 5 0 % 1 1 . 1 % G . F L O O R A R E A R A T I O M A X . 0 . 5 : 1 0 . 1 1 : 1 H . T O T A L P A R K I N G 1 P E R S E R V I C E B A Y + 1 P E R E M P L O Y E E = 1 6 S P A C E S 2 6 S P A C E S I . A D A P A R K I N G 2 S P A C E S ( 1 V A N A C C E S S I B L E ) 2 S P A C E S ( 1 V A N A C C E S S I B L E ) J . I N T E R I O R L A N D S C A P I N G 1 5 S F P E R P A R K I N G S P A C E = 4 0 5 S F 1 , 9 3 0 S F , 7 1 S F / P A R K I N G S P A C E K . I M P E R V I O U S S U R F A C E N / A 6 9 . 7 % , 3 1 , 3 3 2 S F L . O P E N S P A C E 7 % , 3 , 1 4 5 S F 1 1 . 1 % , 4 , 9 9 6 S F C O N S T R U C T I O N N O T A P P R O V E D F O R This drawing and/or file has been prepared by Bohler Engineering at the request of the Project Owner or his Representative and is being provided solely as a convenience to the recipient. Bohler Engineering makes no representation regarding the suitability for the intended use by the recipient. Further, Bohler Engineering makes no representation regarding fitness of the electronic file for any particular purpose, or suitability for use with any software or hardware. It is the recipient's obligation to understand the design intent and to use this digital data appropriately. R E V I S I O N S R E V D A T E C O M M E N T B Y L O C A T I O N O F S I T E F O R P R O J E C T N o . : D R A W N B Y : C H E C K E D B Y : D A T E : S C A L E : C A D I . D . : S H E E T N U M B E R : S H E E T T I T L E : P R O J E C T : H:\18\TD180076\DRAWINGS\PLAN SETS\TD180076SP0.DWG PRINTED BY: MHAUBERT 10.26.18 @ 4:09 PM LAST SAVED BY: MHAUBERT T D 1 8 0 0 7 6 M J H J G R 1 0 / 0 8 / 1 8 C O N S T R U C T I O N P L A N S N W C O R N E R O F U S 3 8 0 A N D F M 4 2 3 P R O S P E R , T X 7 5 0 7 8 D E N T O N C O U N T Y W E S T F O R K C R O S S I N G A D D I T I O N , B L O C K A , L O T 4 T O W N P R O J E C T N U M B E R : D 1 8 - 0 0 9 7 K N O W W H A T ' S B E L O W A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G I t ' s f a s t . I t ' s f r e e . I t ' s t h e l a w . T M 6 0 1 7 M A I N S T R E E T F R I S C O , T X 7 5 0 3 4 P h o n e : ( 4 6 9 ) 4 5 8 - 7 3 0 0 T X @ B o h l e r E n g . c o m T B P E N o . 1 8 0 6 5 T B P L S N o . 1 0 1 9 4 4 1 3 THE INFORMATION, DESIGN AND CONTENT OF THIS PLAN ARE PROPRIETARY AND SHALL NOT BE COPIED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN AUTHORIZATION FROM BOHLER ENGINEERING. ONLY APPROVED, SIGNED AND SEALED PLANS SHALL BE UTILIZED FOR CONSTRUCTION PURPOSES © TM SUSTAINABLE DESIGN LANDSCAPE ARCHITECTURE SITE CIVIL AND CONSULTING ENGINEERING LAND SURVEYING PROGRAM MANAGEMENT PERMITTING SERVICES TRANSPORTATION SERVICES 2017 BOHLER ENGINEERING T M P L A N S P R E P A R E D B Y F O R R E V I E W P U R P O S E S O N L Y J O R G E G O N Z A L E Z - R O D I L E S L I C E N S E N U M B E R : 1 1 7 8 7 4 F O R R E V I E W P U R P O S E S O N L Y 1 " = 2 0 ' S P 0 - S I T E P L A N L O C A T I O N M A P S C A L E : N . T . S . E U N I V E R S I T Y D R . ( U S 3 8 0 ) FM 423 F I S H T R A P R D . R O C K H I L L P K W Y WINDSONG PKWY. D O E C R E E K R D . A P P L I C A N T : O W N E R : E N G I N E E R : B R A K E S P L U S , L L C N O R T H W E S T 4 2 3 / 3 8 0 L P B O H L E R E N G I N E E R I N G 1 8 0 0 S O U T H P A R K D R . 7 0 0 1 P R E S T O N R D . S U I T E 4 1 0 6 0 1 7 M A I N S T R E E T B I R M I N G H A M , A L 3 5 2 4 4 D A L L A S , T X 7 5 2 0 5 F R I S C O , T X 7 5 0 3 4 P H O N E : ( 2 0 5 ) 9 4 3 - 5 7 7 0 P H O N E : ( 2 1 4 ) 2 2 4 - 4 6 0 0 P H O N E : ( 4 6 9 ) 4 5 8 - 7 3 0 0 C O N T A C T : A N D Y G O L D E N C O N T A C T : R O B E R T D O R A Z I L C O N T A C T : J O R G E G O N Z A L E Z - R O D I L E S S I T E P L A N W E S T F O R K C R O S S I N G A D D I T I O N B L O C K A , L O T 4 B E I N G 1 . 0 3 1 A C / 4 4 , 9 1 0 S F T O W N P R O J E C T N O . D 1 8 - 0 0 9 7 S U B M I T T E D : O C T O B E R 2 3 , 2 0 1 8 F L O O D N O T E : A C C O R D I N G T O F L O O D I N S U R A N C E R A T E M A P ( F I R M ) N O . 4 8 0 8 5 C 0 2 3 5 J , A S R E V I S E D B Y L O M R E F F E C T I V E J U N E 2 , 2 0 0 9 , C O L L I N C O U N T Y , T E X A S , T H I S P R O P E R T Y I S W I T H I N Z O N E X . N O 1 0 0 - Y E A R F L O O D P L A I N E X I S T S O N T H E S I T E . GEE RD. L E G E N D P R O P . S E W E R M A N H O L E P R O P . F I R E H Y D R A N T B O U N D A R Y P R O P . F I R E L A N E P R O P . P O W E R P O L E P R O P . W A T E R M E T E R T O W N O F P R O S P E R N O T E S : A N Y R E V I S I O N T O T H I S P L A N W I L L R E Q U I R E T O W N A P P R O V A L A N D W I L L R E Q U I R E R E V I S I O N S T O A N Y C O R R E S P O N D I N G P L A N S T O A V O I D C O N F L I C T S B E T W E E N P L A N S . 1 . D U M P S T E R S A N D T R A S H C O M P A C T O R S S H A L L B E S C R E E N E D I N A C C O R D A N C E W I T H T H E Z O N I N G O R D I N A N C E . 2 . O P E N S T O R A G E , W H E R E P E R M I T T E D , S H A L L B E S C R E E N E D I N A C C O R D A N C E W I T H T H E Z O N I N G O R D I N A N C E . 3 . O U T D O O R L I G H T I N G S H A L L C O M P L Y W I T H T H E L I G H T I N G A N D G L A R E S T A N D A R D S C O N T A I N E D W I T H I N T H E Z O N I N G O R D I N A N C E A N D S U B D I V I S I O N O R D I N A N C E . 4 . L A N D S C A P I N G S H A L L C O N F O R M T O L A N D S C A P E P L A N S A P P R O V E D B Y T H E T O W N . 5 . A L L E L E V A T I O N S S H A L L C O M P L Y W I T H T H E S T A N D A R D S C O N T A I N E D W I T H I N T H E Z O N I N G O R D I N A N C E . 6 . B U I L D I N G S O F 5 , 0 0 0 S Q U A R E F E E T O R G R E A T E R S H A L L B E 1 0 0 % F I R E S P R I N K L E D . A L T E R N A T I V E F I R E P R O T E C T I O N M E A S U R E S M A Y B E A P P R O V E D B Y T H E F I R E D E P A R T M E N T . 7 . F I R E L A N E S S H A L L B E D E S I G N E D A N D C O N S T R U C T E D P E R T O W N S T A N D A R D S O R A S D I R E C T E D B Y T H E F I R E D E P A R T M E N T . 8 . T W O P O I N T S O F A C C E S S S H A L L B E M A I N T A I N E D F O R T H E P R O P E R T Y A T A L L T I M E S . 9 . S P E E D B U M P S / H U M P S A R E N O T P E R M I T T E D W I T H I N A F I R E L A N E . 1 0 . H A N D I C A P P E D P A R K I N G A R E A S A N D B U I L D I N G A C C E S S I B I L I T Y S H A L L C O N F O R M T O T H E A M E R I C A N S W I T H D I S A B I L I T I E S A C T ( A D A ) A N D W I T H T H E R E Q U I R E M E N T S O F T H E C U R R E N T , A D O P T E D B U I L D I N G C O D E . 1 1 . A L L S I G N A G E I S S U B J E C T T O B U I L D I N G O F F I C I A L A P P R O V A L . 1 2 . A L L F E N C E S A N D R E T A I N I N G W A L L S S H A L L B E S H O W N O N T H E S I T E P L A N A N D A R E S U B J E C T T O B U I L D I N G O F F I C I A L A P P R O V A L . 1 3 . A L L E X T E R I O R B U I L D I N G M A T E R I A L S A R E S U B J E C T T O B U I L D I N G O F F I C I A L A P P R O V A L A N D S H A L L C O N F O R M T O T H E A P P R O V E D F A Ç A D E P L A N . 1 4 . S I D E W A L K S O F N O T L E S S T H A N S I X ( 6 ’ ) F E E T I N W I D T H A L O N G T H O R O U G H F A R E S A N D C O L L E C T O R S A N D F I V E ( 5 ’ ) I N W I D T H A L O N G R E S I D E N T I A L S T R E E T S , A N D B A R R I E R F R E E R A M P S A T A L L C U R B C R O S S I N G S S H A L L B E P R O V I D E D P E R T O W N S T A N D A R D S . 1 5 . A P P R O V A L O F T H E S I T E P L A N I S N O T F I N A L U N T I L A L L E N G I N E E R I N G P L A N S A R E A P P R O V E D B Y T H E E N G I N E E R I N G D E P A R T M E N T . 1 6 . S I T E P L A N A P P R O V A L I S R E Q U I R E D P R I O R T O G R A D I N G R E L E A S E . 1 7 . A L L N E W E L E C T R I C A L L I N E S S H A L L B E I N S T A L L E D A N D / O R R E L O C A T E D U N D E R G R O U N D . 1 8 . A L L M E C H A N I C A L E Q U I P M E N T S H A L L B E S C R E E N E D F R O M P U B L I C V I E W I N A C C O R D A N C E W I T H T H E Z O N I N G O R D I N A N C E . 1 9 . A L L L A N D S C A P E E A S E M E N T S M U S T B E E X C L U S I V E O F A N Y O T H E R T Y P E O F E A S E M E N T . 2 0 . I M P A C T F E E S W I L L B E A S S E S S E D I N A C C O R D A N C E W I T H T H E L A N D U S E C L A S S I F I C A T I O N ( S ) I D E N T I F I E D O N T H E S I T E D A T A S U M M A R Y T A B L E ; H O W E V E R , C H A N G E S T O T H E P R O P O S E D L A N D U S E A T T H E T I M E O F C O A N D / O R F I N I S H - O U T P E R M I T M A Y R E S U L T I N A D D I T I O N A L I M P A C T F E E S A N D / O R P A R K I N G R E Q U I R E M E N T S . 2 1 . T H E A P P R O V A L O F A S I T E P L A N S H A L L B E E F F E C T I V E F O R A P E R I O D O F E I G H T E E N ( 1 8 ) M O N T H S F R O M T H E D A T E O F A P P R O V A L B Y T H E P L A N N I N G & Z O N I N G C O M M I S S I O N , A T T H E E N D O F W H I C H T I M E T H E A P P L I C A N T M U S T H A V E S U B M I T T E D A N D R E C E I V E D A P P R O V A L O F E N G I N E E R I N G P L A N S A N D B U I L D I N G P E R M I T S . I F T H E E N G I N E E R I N G P L A N S A N D B U I L D I N G P E R M I T S A R E N O T A P P R O V E D , T H E S I T E P L A N A P P R O V A L , T O G E T H E R W I T H A N Y P R E L I M I N A R Y S I T E P L A N F O R T H E P R O P E R T Y , I S N U L L A N D V O I D . 2 2 . O N L Y M I N O R A U T O M O T I V E U S E S , A S D E F I N E D B Y T H E T O W N O F P R O S P E R Z O N I N G O R D I N A N C E , A R E P E R M I T T E D . P R O J E C T B E N C H M A R K S B M 1 B E I N G A ' P K ' N A I L W I T H S H I N E R S E T I N T H E N O R T H E D G E O F H W Y 3 8 0 A N D B E I N G S O U T H 4 1 F E E T F R O M S O U T H C O M M O N C O R N E R O F L O T 1 A N D 3 , B L O C K A . B E I N G 4 5 0 F E E T W E S T O F T H E I N T E R S E C T I O N O F H W Y 3 8 0 A N D G E E R O A D . E L E V A T I O N = 5 7 8 . 8 9 B M 2 B E I N G A N ' X ' S E T I N E A S T H E A D W A L L O F T H E R C P E N T R Y T O T H E C I T Y O F I R V I N G W A T E R T R A C T . B E I N G 1 , 6 6 0 F E E T W E S T O F T H E I N T E R S E C T I O N O F H W Y 3 8 0 A N D G E E R O A D . E L E V A T I O N = 5 5 6 . 8 3 W A T E R M E T E R S C H E D U L E I D T Y P E S I Z E N U M B E R S A N I T A R Y S E W E R D O M 2 " 1 6 " I R R 1 " 1 N / A 1 2 F L F L F L F L S I T E P L A N N O T E S : 1 . S E E S H E E T C - 1 0 2 F O R G E N E R A L N O T E S . 2 . S E E S H E E T S C - 9 0 1 - 9 0 3 F O R D E T A I L S . 3 . A L L D I M E N S I O N S A R E F R O M F A C E O F C U R B O R F A C E O F B U I L D I N G U N L E S S N O T E D O T H E R W I S E . 4 . C O N T R A C T O R S H A L L R E F E R T O T H E A R C H I T E C T U R A L P L A N S F O R E X A C T L O C A T I O N S A N D D I M E N S I O N S O F V E S T I B U L E S , S L O P E P A V I N G , S I D E W A L K S , E X I T P O R C H E S , T R U C K D O C K S , P R E C I S E B U I L D I N G D I M E N S I O N S A N D E X A C T B U I L D I N G U T I L I T Y E N T R A N C E L O C A T I O N S . 5 . A L L D I S T U R B E D A R E A S A R E T O R E C E I V E F O U R I N C H E S O F T O P S O I L , S E E D , M U L C H A N D W A T E R U N T I L A H E A L T H Y S T A N D O F G R A S S I S E S T A B L I S H E D . I t e m 5 g PROJECT LOCATION SITE PLAN WESTFORK CROSSING BLOCK A, LOT 6 1.186 Acres SITUATED IN THE A. JAMISON SURVEY, ABSTRACT NO. 672 TOWN OF PROSPER, DENTON COUNTY, TEXAS Scale: 1" = 20' October, 2018 SEI Job No. 18-143 ENGINEER / SURVEYOR Spiars Engineering, Inc. TBPE No. F-2121 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 Contact: Kevin Wier CASE No. D18-0104 LOCATION MAP NTS OWNER / APPLICANT Northwest 423/380 LP 7001 Preston Road, Suite 410 Dallas, Texas 75205 Telephone (214) 224-4600 Contact: Robert Dorazil Variable width ROW Item 5g Variabl e w i d t h R O W 90 ' D i v i d e d R O W SQUARE FOOTAGE (GROSS) BUILDING WITH TRC 106,299 SF GARDEN CENTER 28,118 SF OUTDOOR GARDEN CENTER NOTES TOWN SITE PLAN NOTES SITE DATA SUMMARY TABLE CONTACT INFORMATION PROJECT INFORMATION LEGEND PANERA LOT 11 LOT 9 LOT 10 LOT 12 McDONALD'S LOT 13 LOT 14 LOT 15 WATER METER SCHEDULE Item 5g S0 ° 1 7 ' 1 9 " E 22 6 . 2 ' N89°42'41"E 244.0' N89°32'56"E 244.0' S0 ° 1 7 ' 1 9 " E 47 9 . 9 ' S0 ° 1 7 ' 1 9 " E 22 5 . 5 ' S0 ° 1 7 ' 1 9 " E 22 5 . 1 ' TR CO I T R O A D CHILD CARE BLOCK B, LOT 9 PROSPER COMMONS 1.26 AC (55,101 SF) 23. 0 ' 1 5 . 0 ' 9.0' EX. PUBLIC BFR PROP. PRIVATE BFR 8' TALL DUMPSTER ENCLOSURE TO BE CONSTRUCTED OF BRICK & STONE TO MATCH BUILDING. METAL GATES TO BE EQUAL IN HEIGHT PROP 6' SIDEWALK 6.0' 9.0' TYP 18 . 0 ' 9.0' TYP 9. 0 ' TY P 18.0'29.8' 12.0' 53 . 1 ' 12 . 0 ' 12.0' 20' W.E. 12 . 0 ' 51 . 3 ' 34.1' 12 . 0 ' 12 . 0 ' 11.0' ±220 LF OF SAWCUT CURB AND CONNECT TO PAVEMENT WITH LONGITUDINAL BUTT JOINT EX. MH EX. MH PROP. 12" WL PR O P . 1 2 " W L PROP 10' W.E. PROP 20' W.E. PROP. FH PROP. FH PROP FH EX. FH FH 80 . 0 ' 93 . 5 ' PROP. PUBLIC BFR 12 4 . 0 ' 143.7' 24' FIRE LANE, ACCESS UTILITY EASEMENT 9.0'9.0' 13 15 14 11,062 SF PLAY AREA 24 . 0 ' WM WM FDC CI GI GI 1 2 2' PARKING OVERHANG 2' PARKING OVERHANG 18 . 0 ' 10 . 5 ' PROP 10' W.E. 2' PARKING OVERHANG PROPOSED CHILD CARE STUDENTS: 166 STAFF: 25 12,257 SF 23 0 . 0 ' T O R I C H L A N D B L V D 24 8 . 7 ' EX. CURB INLET GI GI 3 0 . 0 0 ' 30'R 54'R 3 2'R 30'R 3 0 'R 3 0 'R 3 0'R 3 0 'R 30'R EX HEADWALL RICHLAND BLVD PROP. PUBLIC BFR PUBLIC BFR 25' LANDSCAPE & BUILDING SETBACK PROP CONCRETE SIDEWALK PROP CONCRETE SIDEWALK 30' BUILDING SETBACK 25' LANDSCAPE & BUILDING SETBACK EX. 15' SSWR ESMT. EX. 40' DRAINAGE ESMT. BUILDING SETBACK PROP. PERIMETER FENCE PROP. PERIMETER FENCE RE V I S I O N S No . DA T E SHEET NUMBER PROJECT NO. DATE DR A W N B Y SC A L E DE S I G N E D B Y CH E C K E D B Y 57 5 0 G E N E S I S C O U R T , S U I T E 2 0 0 , F R I S C O , T X 7 5 0 3 4 PH O N E : 9 7 2 - 3 3 5 - 3 5 8 0 WW W . K I M L E Y - H O R N . C O M CC L KS L AS S H O W N © 2 0 1 8 K I M L E Y - H O R N A N D A S S O C I A T E S , I N C . 10/23/2018 063241700 CC L TE X A S R E G I S T E R E D E N G I N E E R I N G F I R M F - 9 2 8 PR O S P E R C O M M O N S BL O C K B , L O T 9 KI N D E R C A R E PR O S P E R , T X Not for construction or permit purposes. FOR REVIEW ONLY Engineer P.E. No.Date CHRISTOPHER LEPPERT 112342 10/23/2018 1 OF 1 SI T E P L A N 0 GRAPHIC SCALE IN FEET 3015 30 60 LEGEND PROPERTY LINE SETBACK LINE PROPOSED EASEMENT PROPOSED RETAINING WALL PROPOSED FIRE LANE EXISTING OVERHEAD POWER LINE EXISTING CABLE LINE EXISTING GAS LINE EXISTING WATER LINE EXISTING SANITARY SEWER LINE PROPOSED FIRE HYDRANT (FH) PROPOSED FIRE DEPARTMENT CONNECTION (FDC) BARRIER FREE RAMP (BFR) PROPOSED TRANSFORMER LOCATION NUMBER OF PARKING SPACES PER ROW EXISTING POWER POLE EXISTING LIGHT POLE EXISTING FIRE HYDRANT EXISTING STORM MANHOLE EXISTING SAN. SWR. MANHOLE EXISTING SIGN F L FL 10 OHP CBL W SS GAS T BENCHMARKS TBM: Point No. 451 "X" set on concrete surround for water vault approximately 684 feet east of State Highway 289 (Preston Road) overpass and approximately 105 feet north of the centerline of US Highway 380 (University Drive). Elevation = 680.17' TBM: Point No. 22 2 inch brass disk found on concrete surround for a water vault approximately 61 feet west of the centerline of Lovers Lane and approximately 122 feet north of the centerline of US Highway 380 (University Drive). Elevation = 722.46' N.T.S.VICINITY MAP SITE HIGHWAY 380 CO I T R D ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION REGULATION ORDINANCE. 4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT 8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 14.SIDEWALKS OF NOT LESS THAN SIX (6’) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5’) IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE TOWN ENGINEER. 16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19. ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 20. IMPACT FEE WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 21. THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF EIGHTEEN (18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THIS PROPERTY, IS NULL AND VOID. 22. IF SPLASH PAD INSTALLED THE POOL EQUIPMENT SHALL BE SCREENED IN ACCORDANCE WITH THE TOWN ZONING ORDINANCE. TOWN OF PROSPER SITE PLAN NOTES 1. NO 100 YEAR FLOODPLAIN EXISTS ON THE SITE. 2. ALL DIMENSIONS ARE SHOWN TO FACE OF CURB UNLESS OTHERWISE NOTED. 3. FIRE LANES SHALL BE A MINIMUM OF 24' IN WIDTH WITH A 30' TURNING RADIUS. 4. FDCS SHALL BE PROVIDED IN ACCORDANCE WITH THE TOWN OF PROSPER STANDARDS. 5. TREES SHALL NOT BE LOCATED WITHIN PUBLIC EASEMENTS IN ACCORDANCE WITH TOWN STANDARDS. 6. NO TREES EXIST ON SITE. 7. DETENTION FOR THIS SITE IS PROVIDED ON BLOCK B, LOT 1. 8. IF OUTSIDE DISPLAY IS NEEDED OR REQUIRED AN SUP IS REQUIRED. 9. ALL PARKING SHALL BE WITHIN 350' OF THE BUILDING'S PUBLIC ENTRANCE. 10. HVAC IS ROOF MOUNTED. NOTES I.D. WATER METER SCHEDULE TYPE SIZE NO. SAN. SEW. 1 DOMESTIC 2" 1 1-8" 2 IRRIGATION 1" 1 N/A REMARKS PROPOSED PROPOSED ENGINEER / SURVEYOR/ APPLICANT OWNER PROSPER COMMONS BLOCK B, LOT 9 CASE # D18-00106 1.26 ACRES HARRISON JAMISON SURVEY, ABSTRACT NO. 480 TOWN OF PROSPER, COLLIN COUNTY, TEXAS PREPARATION DATE: OCTOBER 10, 2018 SITE PLAN (KINDERCARE) ARCHITECT THE CONTRACTOR SHALL FIELD VERIFY THE HORIZONTAL AND VERTICAL LOCATIONS OF ALL EXISTING UTILITIES PRIOR TO START OF CONSTRUCTION AND SHALL NOTIFY THE CONSTRUCTION MANAGER AND ENGINEER OF ANY CONFLICTS DISCOVERED. CONTRACTOR IS RESPONSIBLE FOR PROTECTING EXISTING UTILITIES (SHOWN OR NOT SHOWN) WITHIN SCOPE OF CONSTRUCTION . IF ANY EXISTING UTILITIES ARE DAMAGED, THE CONTRACTOR SHALL REPLACE THEM AT HIS OWN EXPENSE. CALL 811 AT LEAST 72 HOURS PRIOR TO COMMENCING CONSTRUCTION IN VICINITY. CAUTION!! before you dig. Know what's below. Call 3EIGHTY COIT PARTNERSHIP, LP 4303 W. LOVERS LANE, SUITE 200 DALLAS, TX 75209 PHONE: (214) 366-0009 CONTACT: DAVID FOGEL KIMLEY-HORN AND ASSOCIATES, INC. FIRM NO. 928 5750 GENESIS COURT, SUITE 200 FRISCO, TEXAS 75034 PH. (972) 335-3580 CONTACT: CHRISTOPHER LEPPERT, P.E. McCALLA DESIGN GROUP 780 N. WATTERS RD., SUITE 100 ALLEN, TEXAS 75013 (972) 294-3537 Item 5g 6 4 6 6 4 7 6 4 8 6 4 9 6 5 0 6 4 9 653 6 5 0 6 5 2 650 65 8 65 5 6 5 2 6 5 0 6 4 5 BU R L I N G T I O N N O R T H E R N S A N T A F E R A I L R O A D CO M P A N Y (1 0 0 ' R . O . W . ) THE MAHARD 2003 PARTNERSHIP, L.P. VOLUME 5670, PAGE 1918 D.R.C.C.T. LAND USE: AGRICULTURAL ZONING: SF-15 PROPOSED 3' ALUMINUM TUBE FENCE. 15' LANDSCAPE SETBACK 1 5 ' L A N D S C A P E S E T B A C K EXISTING FIRE HYDRANT PROPOSED 3' ALUMINUM TUBE FENCE. 50' BLDG. SETBACK 6 0 ' B L D G . S E T B A C K 30' BLD G . SETBA C K PROPOSED GATE W/ KNOX BOX PROPOSED GATE W/ KNOX BOX 5 0 ' B L D G . S E T B A C K 24' GRAVEL ACCESS DRIVE 24' GRAVEL ACCESS DRIVE E X . 3 0 ' F . A . D . U . E . 1.51 AC EX. ZONING: PD-26 EX. USE: OFFICE/WAREHOUSE 1.50 AC EX. ZONING: PD-26 EX. USE: OFFICE/WAREHOUSE 1.54 AC EX. ZONING: PD-26 EX. USE: OFFICE/WAREHOUSE 3.74 AC EX. ZONING: PD-26 EX. USE: OFFICE/WAREHOUSE LOT 4 LOT 5 LOT 6 LOT 7 INDUSTRY WAY PROP. FENCED STORAGE YARD (5.37 AC / 60.1% OF TOTAL LOT) LOT 8 8.93 AC 1 5 ' L A N D S C A P E S E T B A C K 15' LAN D S C A P E S E T B A C K 30'x30' ROCK RIPRAP PER GRADATION TABLE SHEET C-3 3 0 ' 30' 5 0 ' 38.5' x 60' RIGHT-OF-WAY DEDICATION 3 8 . 5 ' 20' SS EASEMENT VOL. 2017, PG. 715-718 P.R.C.C.T. VAR. WIDTH ELEC. EASEMENT VOL. 2017, PG. 715-718 P.R.C.C.T. 10' SS EASEMENT VOL. 2017, PG. 715-718 P.R.C.C.T. 15' SS EASEMENT VOL. 2017, PG. 715-718 P.R.C.C.T. DA T E No . RE V I S I O N BY DATE: SHEET File No. 2018-120 CHECKED: HCV DRAWN:HCV DESIGN: PR O S P E R B U S I N E S S P A R K CO O K L A N E & P R O S P E R T R A I L PR O S P E R , T E X A S TO W N C A S E # : 19 0 3 C E N T R A L D R I V E , S U I T E # 4 0 6 PH O N E : 8 1 7 . 2 8 1 . 0 5 7 2 BE D F O R D , T X 7 6 0 2 1 W W W . C L A Y M O O R E E N G . C O M TEXAS REGISTRATION #14199 PRELIMINARY CLAYMOORE ENGINEERING MAM 10/29/2018 SI T E P L A N SP-1 0 GRAPHIC SCALE 1 inch = ft. 60 60 120 60 30 COUNTY SURVEY:ABSTRACT NO. COLLIN COUNTY SCHOOL 147 CITY:STATE: TOWN OF PROSPER TEXAS LEGAL DESCRIPTION: OWNER: APPLICANT: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PH: 817.281.0572 CROSSLAND TEXAS INDUSTRIAL 861 N. COLEMAN ST PROSPER, TX 75078 PH: 972.347.5659 CASE #: D18-0084 PROSPER BUSINESS PARK CONTACT NAME: ROCKY HUSSMAN CONTACT NAME: MATT MOORE NO PORTION OF THIS TRACT LIES WITHIN A 100-YEAR FLOOD PLAIN, OR IN A FLOOD HAZARD AREA ACCORDING TO THE NATIONAL FLOOD INSURANCE PROGRAM, FLOOD INSURANCE RATE MAP NUMBER 48085C0235J, WITH EFFECTIVE DATE OF JUNE 2, 2009 FLOODPLAIN NOTE VICINITY MAP N.T.S. TOWN OF PROSPER SITE PLAN GENERAL NOTES: 1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 14.SIDEWALKS OF NOT LESS THAN SIX (6’) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5’) IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19. ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 20. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 21. ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 22. THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF EIGHTEEN (18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE PROPERTY, IS NULL AND VOID. LEGEND PROPERTY LINE EASEMENT/SETBACK (AS NOTED) PROPOSED FLEXBASE PAVEMENT COLLIN LOT 8, PROSPER BUSINESS PARK AN ADDITION TO THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS AND BEING A PORTION OF THE COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NUMBER 147, COLLIN COUNTY TEXAS U.S. HIGHWAY 380 S C O L E M A N S T W FIRST ST DA L L A S P K W Y PROSPER TRAIL CO O K L N S P R E S T O N R D SITE WATER METER SCHEDULE TYPE IRRIGATION I.D.SIZE NO. 1 N/A SANITARY SEWER 1" Item 5g Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 13, 2018 Agenda Item: Conduct a Public Hearing, and consider and act upon an ordinance amending Chapter 3, Section 1, “Use of Land and Buildings,” and Section 2, “Definitions,” of the Zoning Ordinance, regarding Stealth Antennas. (Z18-0014). Background and Purpose of the Proposed Amendments: Per direction received from the Town Attorney, staff is recommending an amendment to the Zoning Ordinance, in order to clarify the allowance and definition of stealth antennas. Currently, the Zoning Ordinance defines Stealth Antennas as those which are “designed to be non-obtrusive or virtually transparent or invisible to the surrounding neighborhood,” and further references antennas located on public utility structures. However, because the appearance of antennas located on public utility structures (i.e., antenna arrays located on elevated storage tanks), and the associated ground equipment screening devices, which are typically masonry and range from six feet (6’) to ten feet (10’) in height, are not virtually transparent or invisible to surrounding neighborhoods, such wireless facilities cannot be considered stealth. Staff is proposing to amend the Zoning Ordinance to clarify these standards and remove any ambiguity regarding proposed wireless facilities on public utility structures. Below is a ‘redline’ of the proposed amendments to the Zoning Ordinance: “1.4 Conditional Development Standards 12.Antenna, Stealth a) Stealth antennas are permitted by right in the residential districts only as a secondary use when the primary use on the lot is a church, school, or athletic stadium or field, or public utility structure. b) Stealth antennas are permitted by right in the non-residential districts. c)The Director of Development Services Planning, or his /her designee, may approve a request to install a stealth antenna when the proposed stealth antenna is of a type that is specifically listed in the definition of Antenna, Stealth in Chapter 2, Section 1.2. d)For stealth antenna requests of a type that are not specifically listed in this definition, the Town Council may determine if a proposed commercial antenna is a stealth antenna or not when considering site plan approval for the proposal. Prosper is a place where everyone matters. PLANNING Item 7 Page 2 of 2 2.2 Definitions Antenna, Stealth - A commercial antenna and its support structure that is designed to be non- obtrusive, or virtually transparent or invisible to the surrounding neighborhood. Stealth Antennas include, but are not limited to: • Antennas within a building’s attic space; • Antennas on the roof of a minimum three-story building and not visible from the property line of the lot on which the antenna is located; or • Antennas on a public utility structure, such as a water tower or high transmission line support tower, and painted to match the structure; or • Antennas located within a structure such as a flagpole, church steeple, subdivision monument, clock tower, or similar architectural feature, and Antennas located on an athletic field light pole.” Legal Obligations and Review: Notification was provided in the newspaper as required by state law. To date, Town staff has not received any responses regarding the request. Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1. Ordinance Planning & Zoning Commission Recommendation: At their October 16, 2018 meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 5-0. Town Staff Recommendation: Town staff recommends that the Town Council approve the request. Proposed Motion: I move to approve an ordinance amending Chapter 3, Section 1, “Use of Land and Buildings,” and Section 2, “Definitions,” of the Zoning Ordinance, regarding Stealth Antennas. Item 7 Ordinance No. 18-__, Page 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING THE TOWN’S ZONING ORDINANCE, BY AMENDING SUBSECTION 1.4(12), “ANTENNA, STEALTH,” OF SUBSECTION 1.4, “CONDITIONAL DEVELOPMENT STANDARDS,” OF SECTION 1, “USE OF LAND AND BUILDINGS,” OF CHAPTER 3, “PERMITTED USES AND DEFINITIONS,” AND AMENDING SUBSECTION 2.2 OF SECTION 2, “DEFINITIONS,” OF CHAPTER 3, “PERMITTED USES AND DEFINITIONS,” BY AMENDING THE DEFINITION OF “ANTENNA, STEALTH”; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after public notice and public hearing as required by law, the Planning and Zoning Commission of the Town of Prosper, Texas, has recommended amending the Town’s Zoning Ordinance to encompass those amendments as set forth herein; and WHEREAS, after public notice and public hearing as required by law, and upon due deliberation and consideration of the recommendation of said Planning and Zoning Commission and of all testimony and information submitted during said public hearing, the Town Council of the Town of Prosper, Texas, has determined that it is in the public’s best interest and in furtherance of the health, safety, morals, and general welfare of the citizens of the Town to amend the Town’s Zoning Ordinance as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, and they are hereby approved and incorporated into the body of this Ordinance as if restated herein in their entirety. SECTION 2 From and after the effective date of this Ordinance, Subsection 1.4(12), “Antenna, Stealth,” of Subsection 1.4, “Conditional Development Standards,” of Section 1, “Use Of Land And Buildings,” of Chapter 3, “Permitted Uses And Definitions,” of the Town’s Zoning Ordinance, is hereby amended, to read as follows: “1.4 Conditional Development Standards * * * 12. Antenna, Stealth a) Stealth antennas are permitted by right in the residential districts only as a secondary use when the primary use on the lot is a church, school, or athletic stadium or field. b) Stealth antennas are permitted by right in the non-residential districts. Item 7 Ordinance No. 18-__, Page 2 c) The Director of Development Services, or his /her designee, may approve a request to install a stealth antenna when the proposed stealth antenna is of a type that is specifically listed in the definition of Antenna, Stealth in Chapter 2, Section 1.2. d) For stealth antenna requests of a type that are not specifically listed in this definition, the Town Council may determine if a proposed commercial antenna is a stealth antenna or not when considering site plan approval for the proposal.” SECTION 3 From and after the effective date of this Ordinance, Subsection 2.2 of Section 2, “Definitions,” of Chapter 3, “Permitted Uses and Definitions,” by Amending the Definition of “Antenna, Stealth,” of the Town’s Zoning Ordinance, as amended, to read as follows: “2.2 * * * Antenna, Stealth - A commercial antenna and its support structure that is designed to be non-obtrusive, or virtually transparent or invisible to the surrounding neighborhood. Stealth Antennas include, but are not limited to: • Antennas within a building’s attic space; • Antennas on the roof of a minimum three-story building and not visible from the property line of the lot on which the antenna is located; or • Antennas located within a structure such as a flagpole, church steeple, subdivision monument, clock tower, or similar architectural feature, and Antennas located on an athletic field light pole.” SECTION 4 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. The Town 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 5 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, and any remaining portions of said ordinances shall remain in full force and effect. Item 7 Ordinance No. 18-__, Page 3 SECTION 6 Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense. SECTION 7 This Ordinance shall become effective from and after its adoption and publication as required by law; however, the provisions of this Ordinance shall not be applicable to any residential development or tract of land for which one or more final plats has been approved by the Town as of the effective date of this Ordinance. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 13TH DAY OF NOVEMBER, 2018. APPROVED: _____________________________ Ray Smith, Mayor ATTEST: ___________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: __________________________________ Terrence S. Welch, Town Attorney Item 7 Page 1 of 4 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 13, 2018 Agenda Item: Conduct a Public Hearing, and consider and act upon an ordinance for a Specific Use Permit for Wireless Communication facilities, on 1.6± acres, located on the Prosper Trail Elevated Storage Tank site, north of Prosper Trail, east of Shasta Lane. The property is zoned Planned Development-70 (PD-70). (S18-0008). History: This item was tabled at the October 23, 2018, Town Council meeting, per a request by the applicant. Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Planned Development- 70-Residential Single Family (Falls of Prosper subdivision) Low Density Residential North Planned Development- 70-Residential Single Family (Falls of Prosper Subdivision) Low Density Residential East Planned Development- 70-Residential Single Family (Falls of Prosper subdivision) Low Density Residential South Single Family-15 Single Family (Raewood on Preston subdivision) Low Density Residential West Planned Development- 70-Residential Single Family (Falls of Prosper subdivision) Low Density Residential Requested Zoning – The purpose of this request is to allow for Wireless Communication & Support Structure facilities on the Town’s elevated water storage tank on Prosper Trail. The Specific Use Permit shows three (3) Wireless Communication antennas that would be placed on the elevated tank by Verizon, and their associated 10’ by 20’ ground lease area on the north side of the site. Prosper is a place where everyone matters. PLANNING Item 8 Page 2 of 4 During the planning and design of the water tower, it was known at that time that the structure and ground area would be used for wireless carriers. The ground equipment is located in an area currently screened with evergreen shrubs and ornamental metal fencing. The Specific Use Permit also identifies the locations where additional carriers may locate their equipment in the future, including two (2) additional antenna arrays on the water tower and a 20’ x 30’ area on the ground, adjacent to Verizon’s proposed ground equipment. Below are pictures of the site. Item 8 Page 3 of 4 This request is for approval of a SUP for the use; however, the applicant will also need approval from Town Council for a Tower Site Lease Agreement, since the facility will be on Town-owned property. The Zoning Ordinance contains the following four (4) criteria to be considered in determining the validity of a SUP request. 1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses? 2. Are the activities requested by the applicant normally associated with the requested use? 3. Is the nature of the use reasonable? 4. Has any impact on the surrounding area been mitigated? In conjunction with site design and construction of the elevated storage tank, it was anticipated that antennas would be added to the tank, and associate ground equipment would be provided on the site. The proposed Specific Use Permit is in accordance with the anticipated locations and site design. The Finance Department is currently working with the applicant to establish a lease agreement to allow the facilities on Town property. Staff believes the applicant has satisfied the criteria and recommends approval of the request, subject to approval of a lease agreement. Future Land Use Plan – The Future Land Use Plan recommends Low Density Residential uses for the property. This request conforms to the Future Land Use Plan. Conformance to the Thoroughfare Plan – The SUP exhibit complies with the Thoroughfare Plan. Water and Sanitary Sewer Services – Water and sanitary sewer services are located directly adjacent to the site. Access – Access to the property is provided from Newpark Way. Adequate access is provided to the property. Schools – This property is located within the Prosper Independent School District (PISD). Parks – The property will not be needed for a park. Environmental Considerations – There is no 100-year floodplain located on the property. Legal Obligations and Review: Notification was provided to neighboring property owners as required by state law. To date, Town staff has received one (1) Public Hearing Notice Reply Form, in opposition to the request. Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1. Aerial and Zoning Maps 2. Ordinance 3. SUP Exhibits A, B, and C 4. Public Hearing Notice Reply Form Planning & Zoning Commission Recommendation: At their October 2, 2018 meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 7-0. Item 8 Page 4 of 4 Town Staff Recommendation: Town staff recommends that the Town Council approve the request, subject to the following: 1. Town Council approval of a lease agreement to allow for the use of facilities on Town property. Proposed Motion: I move to approve an ordinance for a Specific Use Permit for Wireless Communication facilities, on 1.6± acres, located on the Prosper Trail Elevated Storage Tank, north of Prosper Trail, east of Shasta Lane. Item 8 S18-0008 PROSPER TRL WATERTON DR CA S T L E D R COYOTE RUN VI S T A R U N D R RA I N I E R D R LASSEN DR CHANDLER CIR OL Y M P I A L N FO X B E N D W A Y SHAVANO WAY CA R I B O U D R DE E R R U N L N NEWPARK WAY WHETSTONE WAY ST O N Y T R L SH A S T A L N CHAMPLAIN DR CASCADES CT P R O S P E R L A K E D R ±0 130 260 39065Feet Item 8 S18-0008 PD-70 PD-29 SF SF-15 SF-15 SF-15 SF-15 PROSPER TRL WATERTON DR CA S T L E D R COYOTE RUN VI S T A R U N D R RA I N I E R D R LASSEN DR CHANDLER CIR OL Y M P I A L N FO X B E N D W A Y SHAVANO WAY CA R I B O U D R DE E R R U N L N NEWPARK WAY WHETSTONE WAY ST O N Y T R L SH A S T A L N CHAMPLAIN DR CASCADES CT P R O S P E R L A K E D R ±0 130 260 39065Feet Item 8 TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-__ AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE; GRANTING A SPECIFIC USE PERMIT (SUP) FOR WIRELESS COMMUNICATIONS AND SUPPORT STRUCTURES, LOCATED ON A TRACT OF LAND CONSISTING OF 1.639 ACRES, MORE OR LESS, IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 172 AND THE ELISHA CHAMBERS SURVEY, ABSTRACT NO. 179, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS; 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 the Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Verizon Wireless (“Applicant”) for a Specific Use Permit (SUP) for a wireless communications and support structures, on a tract of land zoned Planned Development-70-Single Family, consisting of 1.639 acres of land, more or less, in The Collin County School Land Survey, Abstract No. 172 and the Elisha Chambers Survey, Abstract No. 179, in the Town of Prosper, Collin County, Texas, and being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes; and WHEREAS, the Town Council has investigated and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required to grant a Specific Use Permit (SUP) have been given in the manner and form set forth by law, Public Hearings have been held, and all other requirements of notice and completion of such 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 Specific Use Permit Granted. The Town’s Zoning Ordinance is amended as follows: Applicant is granted a Specific Use Permit (SUP) for wireless communications and support structures, on a tract of land zoned Planned Development-70-Single Family, consisting of 1.639 acres of land, more or less, in The Collin County School Land Survey, Abstract No. 172 and the Elisha Chambers Survey, Abstract No. 179, in the Town of Prosper, Collin County, Texas, and Item 8 Ordinance No. 18-__, Page 2 being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Specific Use Permit shall conform to, and comply with 1) the site plan, attached hereto as Exhibit “B” and 2) the elevations, attached hereto as Exhibit “C”; which are incorporated herein for all purposes as if set forth verbatim. All development plans, standards, and uses for the Property shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or may be amended. Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. 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. 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 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. Item 8 Ordinance No. 18-__, Page 3 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 13th DAY OF NOVEMBER, 2018. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 8 W S h a s t a L a n e Item 8 I t e m 8 I t e m 8 Item 8 Page 1 of 2 To: Mayor and Town Council From: Kelly Neal, CGFO, CPM, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 13, 2018 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Tower Site Lease Agreement by and between the Town of Prosper, Texas, and Dallas MTA, L.P. d/b/a Verizon Wireless, for the lease of Town property, located at Prosper Trail Elevated Storage Tank (EST), for a cell tower. Description of Agenda Item: Verizon’s representatives approached Town staff to discuss a cell tower to be located on top of the Town’s new elevated storage tank located on Prosper Trail. The Tenant is leasing at 102’ centerline of elevation of the water tower and a 10’x20’ portion of real property located at the Town’s Prosper Trail EST located at 1250 North Preston Road. The proposed Tower Site Lease Agreement contains an Exhibit B that is a site plan of the property. The Site Lease Agreement requires in Section 19 that Dallas MTA, L.P. d/b/a Verizon Wireless (the “Tenant”) must go through the Town’s development process in order to obtain a Specific Use Permit (“SUP”) for all proposed improvements. This section states that the proposed improvements shall be in substantial conformity with Exhibit C. The approval of this Tower Lease Agreement is independent of the Town’s process for consideration of the SUP, this agreement does not guarantee approval of the SUP. The SUP for this applicant is also on this agenda for consideration. The Town currently has four cell tower leases for equipment located on the Town’s elevated water towers. The lease rates on these four agreements range from $21,000 to $34,600 annually. This agreement calls for the Town to receive $34,605 annually in the initial term of the lease. The initial lease shall be five years with automatic renewals of four additional five year terms. Extension term leases shall increase by 15% during the next set of five year term of the lease. Budget Impact: The Town will receive $2,883.75 per month or $34,605 annually in the initial five year term lease and subsequent extensions of five year term leases will increase monthly rent by 15%. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Tower Site Lease Agreement as to form and legality. Attached Documents: 1.Tower Site Lease Agreement Prosper is a place where everyone matters. FINANCE OFFICE Item 9 Page 2 of 2 Town Staff Recommendation: Town staff recommends the Town Council authorize the Town Manager to execute a Tower Site Lease Agreement by and between the Town of Prosper, Texas and Dallas MTA, L.P. d/b/a Verizon Wireless for the lease of Town property, located at Prosper Trail EST , for a cell tower. Proposed Motion: I move to authorize the Town Manager to execute a Tower Site Lease Agreement by and between the Town of Prosper, Texas and Dallas MTA, L.P. d/b/a Verizon Wireless, for the lease of Town property, located at Prosper Trail EST, for a cell tower. Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 W S h a s t a L a n e Item 9 I t e m 9 I t e m 9 Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 13, 2018 Agenda Item: Presentation of service plan and second Public Hearing to consider the voluntary annexation of 9.1± acres generally located on the north side of E. Prosper Trail, 1,100± feet west of Custer Road. (A18-0001). Description of Agenda Item: In 2014, the Town extended the five-year Annexation Agreement with the property owner, who at that time, was Paul Gentry. In December 2017 the property was sold to the current property owner, Chinmaya Mission DFW. In September 2018, Chinmaya Mission DFW, submitted a petition to be voluntarily annexed by the Town, indicating an intent to develop the subject property in the future. This is the second Public Hearing of two required public hearings; the first Public Hearing was held on October 23, 2018, with no comments being received. Legal Obligations and Review: The notice for the second Public Hearing has been published in the newspaper and placed on the Town’s website per state law and the annexation schedule. Attached Documents: 1.Annexation Exhibit 2. Annexation Map 3. Annexation Service Plan Town Staff Recommendation: Town staff recommends the Town Council conduct the second Public Hearing to consider the voluntary annexation of 9.1± acres generally located on the north side of E. Prosper Trail, 1,100± feet west of Custer Road, and receive comments from the public. Proposed Motion: Once the public hearing has been held, no further action is required for this item. An ordinance, officially annexing the subject property, follows on this agenda. Prosper is a place where everyone matters. PLANNING Item 10 A18-0001 CU S T E R R D PROSPER TRL GRINDST O N E D R RHEA M I L L S C I R MESA DR ES C A L A N T E T R L FISHER RD RED WING DR EV E R G R E E N D R CLIF F C R E E K D R HAR V E S T R I D G E L N CA S T L E T O N D R ORCHARD GROVE DR WHITLEY PLACE DR±0 230 460 690115Feet Item 10 Item 10 Page 1 of 2 SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. _______________ DATE OF ANNEXATION ORDINANCE: November 13, 2018. Municipal Services to the area of land depicted in Exhibit A shall be furnished by or on behalf of the Town of Prosper, Texas ("Town") at the following levels and in accordance with the following schedule: A. POLICE PROTECTION: Police personnel and equipment from the Prosper Police Department shall be provided to the area annexed, at a level consistent with current methods and procedures presently provided to similar areas of the Town, on the effective date of this Ordinance. B. FIRE PROTECTION / EMERGENCY MEDICAL SERVICES: Fire protection and Emergency Medical Services (EMS) from the Town shall be provided to the area annexed, at a level consistent with current methods and procedures presently provided to similar areas of the Town, on the effective date of this Ordinance. C. FIRE PREVENTION / INVESTIGATION: The services of the Town of Prosper Fire Department shall be provided to the area on the effective date of this Ordinance. The non-emergency services of fire prevention and fire investigation will be added to the list of services provided by the Prosper Fire Department. D. SOLID WASTE COLLECTION: Solid waste collection shall be provided to the area annexed upon request on the effective date of this Ordinance up to the second anniversary of the annexation. After that time, residents will be required to use the Town’s solid waste collection company. The collection of refuse from individual properties shall be made in accordance with the Town’s usual solid waste collection scheduling. E. WATER SERVICE: 1. This area is currently serviced by the Town’s water distribution system. Future expansion and extensions of the Town’s Water Distribution System will provide better flow rates and line pressures, and is in accordance with applicable Town codes and policies. 2. Maintenance of private lines will be the responsibility of the owner or occupant. F. SANITARY SEWER SERVICE: 1. The annexed area will be provided sanitary sewer service in accordance with applicable codes and departmental policy. When development occurs in adjacent areas, sanitary sewer service shall be provided in accordance with applicable Town codes and policies, including extensions of service. Item 10 Page 2 of 2 2. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. G. ROADS AND STREETS / STREET LIGHTING: 1. Operation and maintenance of private streets in the annexed area will be the responsibility of the owner. 2. Operation and maintenance of public streets in the annexed area will be provided by the Town on the effective date of this Ordinance. 3. The Town will coordinate any request for improved street lighting with the local electric provider in accordance with Town policy. H. PARKS AND RECREATION: Residents within the area annexed may utilize all existing Town park and recreation facilities, on the effective date of this Ordinance. Fees for such usage shall be in accordance with current fees established by Town ordinance. I. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES: 1. Enforcement of current environmental health ordinances and regulations, including, but not limited to, weed and brush ordinances, junked and abandoned vehicles ordinances and animal control ordinances, shall begin within this area on the effective date of the annexation. 2. Inspection services, including, but not limited to, the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical, and electrical work to ensure compliance with Town codes and ordinances will be provided on the effective date of the annexation. J. MISCELLANEOUS: Any publicly owned facility, building, or service located within the annexed area shall be maintained by the Town on the effective date of the annexation ordinance. All other applicable municipal services shall be provided to the annexation area in accordance with the Town’s established policies governing extension of municipal services to newly annexed areas. Item 10 Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 13, 2018 Agenda Item: Consider and act upon an ordinance annexing 9.1± acres generally located on the north side of E.Prosper Trail, 1,100± feet west of Custer Road. (A18-0001). Description of Agenda Item: In 2014, the Town extended the five-year Annexation Agreement with the property owner, who at that time, was Paul Gentry. In December 2017 the property was sold to the current property owner, Chinmaya Mission DFW. In September 2018, Chinmaya Mission DFW, submitted a petition to be voluntarily annexed by the Town, indicating an intent to development the subject property in the future. State law requires two (2) Public Hearings on an annexation request, which were held on October 23, 2018, and November 13, 2018. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1. Annexation Ordinance 2.Property Survey and Legal Description 3.Annexation Service Plan Town Staff Recommendation: Town staff recommends the Town Council approve an ordinance annexing 9.1± acres generally located on the north side of E. Prosper Trail, 1,100± feet west of Custer Road. Proposed Motion: I move to approve an ordinance annexing 9.1± acres generally located on the north side of E. Prosper Trail, 1,100± feet west of Custer Road. Prosper is a place where everyone matters. PLANNING Item 11 TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-__ AN ORDINANCE PROVIDING FOR THE ANNEXATION OF A TRACT OF LAND SITUATED IN THE GEORGE HORN SURVEY, ABSTRACT NO. 412, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 9.054 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE NORTH SIDE OF E. PROSPER TRAIL, 1,100 FEET WEST OF CUSTER ROAD, MORE OR LESS, IN COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF PROSPER AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREAFTER ADOPTED; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), pursuant to the authority contained in Chapter 43 of the Texas Local Government Code, has investigated and determined that it would be advantageous and beneficial to Prosper and its inhabitants to annex the hereinafter described property (“Property”) into the Town of Prosper (“Town”); and WHEREAS, the Town Council finds that all requisites relative to consideration and adoption of this Ordinance have been complied with, pursuant to Chapter 43, Texas Local Government Code; and WHEREAS, the Town Council finds that the Property that is the subject of this Ordinance is within the extraterritorial jurisdiction of the Town and is adjacent and contiguous to the existing town limits of the Town; and WHEREAS, the Town Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the Town Council has conducted at least two public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the Town Council finds the public hearings were conducted and held in accordance with Chapter 43 of the Texas Local Government; and WHEREAS, the Town Council finds the proposed Service Plan for Annexed Area was prepared in compliance with law and was available for review and inspection by citizens; and WHEREAS, the Town Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: Item 11 Ordinance No. 18-__, Page 2 SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 The Property described in the attached Exhibit A and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed into the Town. SECTION 3 The Service Plan for the Property is attached hereto as Exhibit B and made a part hereof for all purposes. SECTION 4 From and after the passage of this Ordinance, the Property shall be a part of the Town, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Town and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the laws of the State of Texas. SECTION 5 That the official map and boundaries of the Town are hereby amended to include the property as part of the Town and that a certified copy of this Ordinance shall be filed in the County Clerk’s Office of Collin County, Texas. SECTION 6 It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Zoning Ordinance No. 05-20, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Zoning Ordinance No. 05-20, and any amendments thereto. SECTION 7 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 8 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, Item 11 Ordinance No. 18-__, Page 3 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 9 This Ordinance shall become effective immediately upon its passage. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 13TH DAY OF NOVEMBER, 2018. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 11 EXHIBIT A PROPERTY DESCRIPTION BEING situated in the George Horn Survey, A-412, in Collin County, Texas, and being that certain tract described in General Warranty Deed to Chinmaya Missions DFW, recorded under County Clerk's File No. 20171208001623850, Official Public Records, Collin County, Texas (O.P.R.C.C.T.), and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found for corner at the northwest corner of said Chinmaya tract, said point being the most western southwest corner of RHEA MILLS ESTATES, an Addition to the City of Prosper, according to the map thereof recorded in Volume 1, Page 753, Map Records, Collin County, Texas, and being in the east line of a tract of land described in a Deed to Double H Horse and Cattle, LLC, and recorded under County Clerk's File No. 20090108000022820, O.P.R.C.C.T.; THENCE South 68 degrees 17 minutes 53 seconds East, along the northeast line of said Chinmaya tract and the southwest line of said RHEA MILLS ESTATES, a distance of 1058.91 feet to a 1/2 inch iron rod found for corner at an angle point therein; THENCE South 88 degrees 07 minutes 51 seconds East, along a north line of said Chinmaya tract and a south line of said RHEA MILLS ESTATES, a distance of 486.97 feet to a 3/8 inch iron rod found for corner at an angle point therein; THENCE North 54 degrees 15 minutes 41 seconds East, along a northwest line of said Chinmaya tract and a southeast line of said RHEA MILLS ESTATES, a distance of 23.70 feet to a 1/2 inch iron rod found for corner at the northeast corner of said Chinmaya tract and the most northern northwest corner of Lot 2, Block A, LIGHT HOUSE CHURCH ADDITION, an Addition to the City of Prosper, according to the map thereof recorded in County Clerk's File No. 20140925010003230, O.P.R.C.C.T.; THENCE South 23 degrees 27 minutes 20 seconds East, along an east line of said Chinmaya tract and a west line of said LIGHT HOUSE CHURCH ADDITION, a distance of 175.06 feet to a 1/2 inch rod found for corner at the most eastern southeast corner thereof; THENCE North 88 degrees 07 minutes 47 seconds West, along a south line of said Chinmaya tract and a north line of said LIGHT HOUSE CHURCH ADDITION, and continuing along a north line of a tract of land described in General Warranty Deed to Chi- Wei Lang et ux, of record under County Clerk's File Number 20160902001172680, O.P.R.C.C.T., a distance of 358.71 feet to a 1/2 inch iron rod found for corner at an angle point therein; THENCE North 68 degrees 16 minutes 44 seconds West, along a southwest line of said Chinmaya tract and a north line of said Chi-Wei Lang tract, a distance of 514.94 feet to a 1/2 inch iron rod found for corner at the northwest corner of said Chi-Wei Lang tract; Item 11 THENCE South 01 degrees 54 minutes 08 seconds West, along an east line of said Chinmaya tract and the west line of said Chi-Wei Lang tract, a distance of 226.66 feet to a 1/2 inch iron rod found for corner in the present north right-of-way line of E. Prosper Trail as described in a Deed to Collin County, as recorded in Volume 4815, Page 1185, Deed Records, Collin County, Texas; THENCE North 87 degrees 48 minutes 07 seconds West, along the south line of said Chinmaya tract and said north right-of-way line, a distance of 289.42 feet to an angle point; THENCE North 87 degrees 48 minutes 10 seconds West, continuing along south line of said Chinmaya tract and said north right-of-way line, a distance of 441.88 feet to a 1/2 inch iron rod found for the southwest corner of said Chinmaya tract and the northwest corner of said Collin County tract; said iron rod also being the southeast corner of said Double H Horse and Cattle, LLC tract; THENCE North 01 degrees 38 minutes 04 seconds East, along the west line of said Chinmaya tract and the east line of said Double H Horse and Cattle, LLC tract, a distance of 550.63 feet to the PLACE OF BEGINNING and containing 9.054 acres (394,379 square feet) of land. NOTE: This description is a representation of documents of record. Item 11 Page 1 of 2 SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. _______________ DATE OF ANNEXATION ORDINANCE: November 13, 2018. Municipal Services to the area of land depicted in Exhibit A shall be furnished by or on behalf of the Town of Prosper, Texas ("Town") at the following levels and in accordance with the following schedule: A. POLICE PROTECTION: Police personnel and equipment from the Prosper Police Department shall be provided to the area annexed, at a level consistent with current methods and procedures presently provided to similar areas of the Town, on the effective date of this Ordinance. B. FIRE PROTECTION / EMERGENCY MEDICAL SERVICES: Fire protection and Emergency Medical Services (EMS) from the Town shall be provided to the area annexed, at a level consistent with current methods and procedures presently provided to similar areas of the Town, on the effective date of this Ordinance. C. FIRE PREVENTION / INVESTIGATION: The services of the Town of Prosper Fire Department shall be provided to the area on the effective date of this Ordinance. The non-emergency services of fire prevention and fire investigation will be added to the list of services provided by the Prosper Fire Department. D. SOLID WASTE COLLECTION: Solid waste collection shall be provided to the area annexed upon request on the effective date of this Ordinance up to the second anniversary of the annexation. After that time, residents will be required to use the Town’s solid waste collection company. The collection of refuse from individual properties shall be made in accordance with the Town’s usual solid waste collection scheduling. E. WATER SERVICE: 1. This area is currently serviced by the Town’s water distribution system. Future expansion and extensions of the Town’s Water Distribution System will provide better flow rates and line pressures, and is in accordance with applicable Town codes and policies. 2. Maintenance of private lines will be the responsibility of the owner or occupant. F. SANITARY SEWER SERVICE: 1. The annexed area will be provided sanitary sewer service in accordance with applicable codes and departmental policy. When development occurs in adjacent areas, sanitary sewer service shall be provided in accordance with applicable Town codes and policies, including extensions of service. Item 11 Page 2 of 2 2. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. G. ROADS AND STREETS / STREET LIGHTING: 1. Operation and maintenance of private streets in the annexed area will be the responsibility of the owner. 2. Operation and maintenance of public streets in the annexed area will be provided by the Town on the effective date of this Ordinance. 3. The Town will coordinate any request for improved street lighting with the local electric provider in accordance with Town policy. H. PARKS AND RECREATION: Residents within the area annexed may utilize all existing Town park and recreation facilities, on the effective date of this Ordinance. Fees for such usage shall be in accordance with current fees established by Town ordinance. I. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES: 1. Enforcement of current environmental health ordinances and regulations, including, but not limited to, weed and brush ordinances, junked and abandoned vehicles ordinances and animal control ordinances, shall begin within this area on the effective date of the annexation. 2. Inspection services, including, but not limited to, the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical, and electrical work to ensure compliance with Town codes and ordinances will be provided on the effective date of the annexation. J. MISCELLANEOUS: Any publicly owned facility, building, or service located within the annexed area shall be maintained by the Town on the effective date of the annexation ordinance. All other applicable municipal services shall be provided to the annexation area in accordance with the Town’s established policies governing extension of municipal services to newly annexed areas. Item 11 Page 1 of 2 Prosper is a place where everyone matters. To: Mayor and Town Council From: Bryan Ausenbaugh, Fire Marshal Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 13, 2018 Agenda Item: Consider and act upon an ordinance adopting the 2015 edition of the International Fire Code with North Central Texas Council of Governments Option B Recommended Amendments, local amendments, and to repeal certain provisions contained in Ordinance No. 14-51 (existing fire code ordinance) not related to residential fire suppression. Description of Agenda Item: As part of the current ISO evaluation in an effort to lower the town’s ISO score, the fire department must be within the two most current fire code cycles in order to receive credit. In order to maintain consistency with the cities of Frisco, McKinney and Plano, the 2015 International Fire Code has been proposed. The purpose of the 2015 International Fire Code is to establish the minimum requirements consistent with internationally recognized good practices for providing a reasonable level of life safety and property protection from the hazards of fire, explosion, or dangerous conditions in new and existing buildings, structures and premises, and to provide safety to fire fighters and emergency responders during emergency operations. Background Information: In 2014, the Town adopted the 2012 International Fire Code (Ordinance No. 14-51). As indicated at that time, Governor Perry signed SB 1014. The language of SB 1410 effectively prohibits a city/town from enacting fire sprinkler mandates in single family homes, duplexes and remodeling projects, unless the ordinance was in effect prior to September 1, 2009. Ordinance No. 14-51 repealed respective ordinances in effect prior to September 1, 2009, leaving the provisions of Ordinance No. 04-98 specific to residential fire protection in place, and adopted a separate ordinance specific to a more current edition of the International Fire Code. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and legality. Attached Documents: 1. Proposed Ordinance 2. 2015-IFC NCTCOG Regional Amendments (Option B) 3.Existing Ordinance No. 14-51 FIRE DEPARTMENT Item 12 Page 2 of 2 Town Staff Recommendation: Town staff recommends that the Town Council consider and act upon an ordinance adopting the 2015 edition of the International Fire Code, including the North Central Texas Council of Governments recommendations and local amendments. Town staff also recommends the repeal of certain provisions contained in Ordinance No.14-51 not related to residential fire suppression. Proposed Motion: I move to adopt an ordinance adopting the 2015 edition of the International Fire Code, including the North Central Texas Council of Governments recommendations and local amendments, and to repeal certain provisions contained in Ordinance No.14-51 not related to residential fire suppression. Item 12 TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ADOPTING THE 2015 EDITION OF THE INTERNATIONAL FIRE CODE AND ADOPTING AMENDMENTS THERETO BY AMENDING SECTION 5.03.001, “ADOPTED,” AND REPEALING EXISTING SECTION 5.03.002, “AMENDMENTS,” AND REPLACING IT WITH A NEW SECTION 5.03.002, “AMENDMENTS,” OF ARTICLE 5.3, “FIRE CODE,” OF CHAPTER 5, “FIRE PREVENTION AND PROTECTION,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS; RETAINING CERTAIN EXISTING PROVISIONS IN SECTION 5.03.002, AS MORE FULLY DESCRIBED IN SECTION 2 OF THIS ORDINANCE; PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, HAZARDOUS MATERIALS. AND EXPLOSIONS; AND PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, in 2014, the Town Council of the Town of Prosper, Texas (“Town Council”), adopted the International Fire Code, 2012 Edition, copyrighted by the International Code Commission, Inc., in Ordinance No. 14-51, with certain amendments to the 2012 Edition; and WHEREAS, the 2012 Edition of the International Fire Code contained certain provisions related to residential fire suppression, among others, and it was the intent of the Town Council to retain those same provisions in all subsequent editions, and local amendments thereto, of the International Fire Code; and WHEREAS, it is the intent of the Town Council to retain those provisions related to residential fire suppression by the adoption of the 2015 Edition of the International Fire Code; and WHEREAS, the Town of Prosper, Texas (“Town”) has investigated and determined that it would be advantageous and beneficial to the citizens of the Town to amend certain provisions contained in Ordinance No. 14-51 not related to residential fire suppression, as presently codified in Chapter 5, “Fire Prevention and Protection,” of the Town’s Code of Ordinances; and WHEREAS, a committee of fire code professionals was assembled by the North Central Texas Council of Governments to recommend local amendments specific to the needs of North Central Texas, and in the past the Town has regularly adopted these recommended amendments so that most municipalities in the region use the same or similar fire code standards; and WHEREAS, the Town Council has investigated and determined that it would be in the public interest to adopt the International Fire Code, 2015 Edition, including the deletions and amendments set forth below. 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 12 Ordinance No. 18-__, Page 2 SECTION 2 Existing Sections 903.2, “Where Required”; 903.2.7, “Group R”; 903.2.8.3, 903.2.10.3, “Buildings More Than 35 Feet in Height”; 903.2.10.4,; 903.2.10.5, and 903.2.10.6, “Buildings Over 5,000 Square Feet,” all of which foregoing Fire Code sections presently are in effect and are contained in Section 5.03.002, “Amendments,” of Chapter 5, “Fire Prevention and Protection,” of the Code of Ordinances of the Town of Prosper, Texas, shall specifically remain in full force and effect and are incorporated into this Ordinance, and it is not the intent of this Ordinance to repeal the foregoing sections. SECTION 3 From and after the effective date of this Ordinance, existing Section 5.03.001, “Adopted,” of Article 5.03, “Fire Code,” of Chapter 5, “Fire Prevention and Protection,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended to read as follows: “Sec. 5.03.001 Adopted The International Fire Code, 2015 Edition, copyrighted by the International Code Council, Inc., including all chapters and Appendices B, C, D, E, F, G, H, I and J, attached hereto and incorporated herein for all purposes, is hereby adopted as the Fire Code for the Town of Prosper. The International Fire Code, 2015 Edition, is made a part of this Ordinance as if fully set forth herein. A copy of the 2012 International Fire Code, 2015 Edition, copyrighted by the International Code Council, Inc., is on file in the office of the Town Secretary and is marked and designated as the 2015 International Fire Code.” SECTION 4 From and after the effective date of this Ordinance, existing Section 5.03.002, “Amendments,” of Article 5.03, “Fire Code,” of Chapter 5, “Fire Prevention and Protection,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby repealed in its entirety and replaced by a new Section 5.03.002, “Amendments,” to read as follows: “Sec. 5.03.002 Amendments The following Sections and Appendices of the International Fire Code, 2015 Edition, are hereby changed, added or deleted as follows: FIRE PREVENTION CODE (a) Enforcement The Fire Chief, the Fire Marshal or designated department personnel is hereby authorized and directed to enforce all provisions of the International Fire Code as adopted herein and as amended. (b) Definitions The following words, terms and phrases, when used in the fire code adopted in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Item 12 Ordinance No. 18-__, Page 3 (1) Whenever the word “jurisdiction” is used in the International Fire Code, it shall mean the corporate limits of the Town of Prosper, Texas. (2) Whenever the words “code official” are used in the International Fire Code, they shall mean the Fire Chief, the Fire Marshal or designated department personnel of the Prosper Fire Department. (c) Fire Code Amendments The following amendments repeal and reenact or add sections of the fire code adopted in this article for the purpose of consistency with specific past practices and the recommendations of the North Central Texas Council of Governments: 2015 Edition. In addition, the following amendments further repeal and reenact or add sections to the International Fire Code, 2015 Edition, adopted in this article for the purpose of consistency with specific past practices and the recommendations of the North Central Texas Council of Governments and surrounding jurisdictions and all sections not expressly amended remain in f ull force and effect as adopted. Section 101.1 is hereby amended to read as follows: 101.1 Title. These regulations shall be known as the Fire Code of the Town of Prosper, hereinafter referred to as “this Code.” Section 102.1 item 3 shall be amended to read as follows: 3. Existing structures, facilities and conditions when required in Chapter 11 or in specific sections of this code. Section 102.4 is hereby amended to read as follows: 102.4 Application of other codes. The design and construction of new structures shall comply with this Code, and other codes as applicable, and any alterations, additions, changes in use or changes in structures required by this Code, which are within the scope of the International Building Code, shall be made in accordance therewith. 102.7 Referenced codes and standards. The codes and standards referenced in this Code shall be those that are listed in Chapter 80 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this Code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2. 102.7.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.7.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code and any adopted amendments, the provisions of this code and any adopted amendments, as applicable, shall take precedence over the provisions in the referenced code or standard. Section 102.7.3 is hereby added to read as follows: 102.7.3 Specifically referenced editions of codes and standards. The most currently published Item 12 Ordinance No. 18-__, Page 4 editions shall be specifically adopted for referenced NFPA standards. NFPA 13 NFPA 13R NFPA 13D NFPA 14 NFPA 17A NFPA 20 NFPA 24 NFPA 25 NFPA 30 NFPA 72 NFPA 2001 Section 103.1 is hereby amended to read as follows: 103.1 General. The fire code shall be enforced by the Division of Fire Prevention. The Division of Fire Prevention is hereby established as a division of the Fire Department of the Town of Prosper and shall be operated under the supervision of the Chief of the Fire Department. Section 103.2 is hereby amended to read as follows: 103.2 Appointment. The Fire Marshal in charge of the Division of Fire Prevention shall be appointed by the Fire Chief on the basis of proper qualification. Section 103.3 is hereby amended to read as follows: 103.1 Deputies. The Fire Chief or Fire Marshal may detail such members of the Fire Department as deputies, inspectors and other technical officers as shall from time to time be necessary and each member so assigned shall be authorized to enforce the provisions of the International Fire Code. Section 105.3.3 is hereby amended to read as follows: 105.3.3. Occupancy prohibited before approval. The building or structure shall not be occupied prior to the Fire Code Official issuing a permit when required and conducting associated inspections indicating the applicable provisions of this Code have been met. Section 105.6.28 is hereby amended to read as follows: 105.6.28 LP-gas. An operational permit is required for: 1. Storage and use of LP-gas. Exception: A permit is not required for individual containers with a 20-pound (9.0 kg) water capacity or less serving occupancies in Group R-3. 1. Operation of cargo tankers that transport LP-gas Section 105.6.49 shall be added to read as follows: 105.6.49 Model Rocketry. Operational approval is required for the demonstration and use of model rockets, in accordance with NFPA 1122. 105.6.50 Food Booth. An operational permit is required for the operation of a food booth. 105.6.51 Mobile Food Vending Unit. An operational permit is required for the operation of a mobile food vending unit. Item 12 Ordinance No. 18-__, Page 5 105.6.52 Parade Floats. An operational permit is required for the operation of a parade float. Section 105.7.14 shall be added to read as follows: 105.7.14 Smoke control or exhaust systems. Construction permits are required for smoke control or exhaust systems as specified in Section 909 and Section 910 respectively. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. Section 105.7.19 shall be added to read as follows: 105.7.19 Electronic access control systems. Construction permits are required for the installation or modification of an electronic access control system, as specified in Section 504 and Section 1010. A separate construction permit is required for the installation or modification of a fire alarm system that may be connected to the access control system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. Section 105.7.20 shall be added to read as follows: 105.7.20 Emergency and Standby Generators. Construction permits are required for the installation or modification of an emergency or standby generator, as specified in Section 604. Section 105.7.9 shall be amended to read as follows: 105.7.9 Gates and barricades across fire apparatus access roads. Construction permits are required for the installation or modification of an access gate or barricade across a fire department access roadway, as specified in Section 503. Section 106.2.3 shall be added to read as follows: 106.2.3 Inspection fees applicability. The Fire Marshal or his designated representative shall inspect all buildings, premises, or portions thereof as often as may be necessary. Annual inspection and one (1) re-inspection shall be made free of charge. If the Fire Marshal or his designee is required to make follow-up inspections after the initial inspection and re-inspection to determine whether a violation or violations observed during the previous inspection have been corrected, a fee shall be charged. The occupant, lessee, or person making use of the building or premises shall pay said fee or fees in advance as a condition to continued lawful occupancy of the building or premises. 108.1 Appeals. Whenever the fire code official shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the fire prevention code do not apply or that the true intent and meaning of this Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the code official to the Construction Board of Appeals within thirty (30) days from the date of the decision appealed. Section 109.3.5 shall be added to read as follows: 109.3.5 Citations. It is the intent of this department to achieve compliance by the traditional means of inspection, notification, granting of reasonable time to comply and re-inspection. After all reasonable means to gain compliance have failed, or when a condition exists that causes an immediate and/or extreme threat to life, property or safety from fire or explosion, the Fire Chief, Fire Marshal or his designee who have the discretionary duty to enforce a code or ordinance may Item 12 Ordinance No. 18-__, Page 6 issue a notice to appear (citation) for the violation. Citations shall be issued only by qualified personnel as designated by the Fire Chief or Fire Marshal. Notwithstanding any other provision of this code or of the International Fire Code a citation may be issued without prior notice and the opportunity to correct the condition or violation. Section 109.4 shall be amended to read as follows: 109.4 Violation penalties. Any person, firm, partnership, corporation, association, or other entity violating any provision of this article or of any code provision adopted herein shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in the sum of not more than $2,000.00, and each day such violation continues shall constitute a separate and distinct violation. Section 109.4.1 shall be amended to read as follows: 109.4.1 Applicability. A person, firm, partnership, corporation, association, or other entity shall be presumed to be the violator if the person, firm, partnership, corporation, association, or other entity is the owner or occupant of the subject property, exercises actual or apparent control over the subject property, or is listed as the water customer of the city for the subject property. Section 111.4 shall be amended to read as follows: 111.4 Failure to comply. Any person, firm, partnership, corporation, association, or other entity who shall continue any work after having been served with a stop work order, except any work as that person is directed to perform to remove a violation or unsafe condition, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in a sum of not more than $2,000.00, and each day such action continues shall constitute a separate and distinct violation. Section 113.2 shall be amended as follows: 113.2 Schedule of Permit fees. A fee for each permit shall be paid as required, in accordance with this section. 113.2.1 Inspection Fees: 1. Residential fire suppression fee $175.00 2. Commercial fire suppression fee $275.00 3. Commercial fire alarm fee $275.00 4. Re-inspection fees $150.00 per hour (one-hour minimum) 5. Inspection fees for which no fire fee was assessed, a $150.00 per hour fee will apply (one- hour minimum) 6. Fireworks Display $250.00 per event plus standby personnel as needed at $50.00 per hour, per staff member 7. Flammable Liquid Storage Tanks $250.00 Item 12 Ordinance No. 18-__, Page 7 8. LP Gas Stationary Tanks $250.00 9. LP Portable Container Site (retail sales) $250.00 10. Theatrical Pyrotechnics Effects $250.00 plus standby personnel as needed at $50.00 per hour, per staff member. 11. Above Ground Storage Tank Removal $100.00 12. Repair of Existing Tank $100.00 13. Underground Storage Tank New $250.00 14. Underground Storage Tank Removal $150.00 15. Mechanical Trench Burn $500.00 16. Controlled Access Systems $75.00 per system. Plus electrical permit and associated fees as required by the Building Inspections Office 17. For use of outside consultants for inspections, actual costs. 18. After Hour Inspections $150.00 per hour (minimum one hour) 19. Standby personnel for fireworks displays and special events if deemed necessary in the interest public safety $55.00 per hour (minimum two hours). The minimum number of personnel shall be set by the Fire Chief or Fire Marshal. 113.2.2 Plan review fees: 1. Plan review required by changes, additions or revisions to plans $47.00 per hour (one hour minimum) 2. For use of outside consultants for plan review, actual costs 3. For use of outside consultants for plan review, inspections, or both: actual costs 113.2.3 Burn permit fees: 1. Contractors or property owners per occurrence (one acre minimum) $150.00 deposit required. If the Fire Department responds, and or extinguishes the fire for failure to comply with the conditions outlined on the permit. The deposit fee is non-refundable. 2. Agricultural/contractor/property owner (over one acre), per occurrence per day $150.00 Section 113.3 shall be amended as follows: 113.3 Work commencing before permit issuance. Any person, firm, partnership, corporation, Item 12 Ordinance No. 18-__, Page 8 association, or other entity who commences any work, activity or operation regulated by this code before obtaining the necessary permits and or approval. Shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in the sum of not more than $2,000.00, and each day work continues shall constitute a separate and distinct violation. 113.4 Related fees. The payment of the fee for the construction, alteration, removal or demolition of work done in connection to or concurrently with the work or activity authorized by a permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. 113.5 Refunds. The applicable governing authority is authorized to establish a refund policy. Definitions Section 202 is hereby amended to add certain new definitions to be inserted in the existing list of definitions in alphabetical order and to amend certain of the current definitions, in whole or in part, to read as follows: Addressable Fire Detection System. Any system capable of providing identification of each individual alarm-initiating device. The identification shall be in plain English and as descriptive as possible to specifically identify the location of the device in alarm. The system shall have the capability of alarm verification. Ambulatory Health Care Facility. Buildings or portions thereof used to provide medical, surgical, psychiatric, nursing, or similar care on a less than 24-hour basis to persons who are rendered incapable of self-preservation. This group may include, but not be limited to the following: Dialysis centers Sedation dentistry Surgery centers Colonic centers Psychiatric centers Digital and/or Analog Intelligent Addressable Fire Detection System. Any system capable of calculating a change in value by directly measurable quantities (voltage, resistance, etc.) at the sensing point. The physical digital and/or analog may be conducted at the sensing point or at the main control panel. The system shall be capable of compensating for long-term changes in sensor response while maintaining a constant sensitivity. The compensation shall have a preset point at which a detector maintenance signal shall be transmitted to the control panel. The sensor shall remain capable of detecting and transmitting an alarm while in maintenance alert. Atrium. An opening connecting three or more stories… {remaining text unchanged}. Defend In Place. A method of emergency response that engages building components and trained staff to provide occupant safety during an emergency. Emergency response involves remaining in place, relocating within the building, or both, without evacuating the building. Fire Watch. A temporary measure intended to ensure continuous and systematic surveillance of a building or portion thereof by one or more qualified individuals or standby personnel when required by the Fire Code Official, for the purposes of identifying and controlling fire hazards, detecting early signs of unwanted fire, raising an alarm of fire and notifying the fire department. Fireworks. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration, detonation, and/or activated by ignition Item 12 Ordinance No. 18-__, Page 9 with a match or other heat producing device that meets the definition of 1.4G fireworks or 1.3G fireworks as set forth herein. … {remainder of text unchanged}. High-Piled Combustible Storage. Storage of combustible materials in closely packed piles or combustible materials on pallets, in racks or on shelves where the top of storage is greater than 12 feet (3658 mm) in height. When required by the Fire Code Official, high-piled combustible storage also includes certain high-hazard commodities, such as rubber tires, Group A plastics, flammable liquids, idle pallets and similar commodities, where the top of storage is greater than 6 feet (1829 mm) in height. Any building exceeding 5,000 sq. ft. that has a clear height in excess of 14 feet, making it possible to be used for storage in excess of 12 feet, shall be considered to be high-piled storage. When a specific product cannot be identified, a fire protection system and life safety features shall be installed as for Class IV commodities, to the maximum pile height. High-Rise Building. A building with an occupied floor located more than 55 feet above the lowest level of fire department vehicle access. Repair Garage. A building, structure or portion thereof used for servicing or repairing motor vehicles. This occupancy shall also include garages involved in minor repair, modification and servicing of motor vehicles for items such as lube changes, inspections, windshield repair or replacement, shocks, minor part replacement and other such minor repairs. Self-Service Storage Facility. Real property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis. Standby Personnel. Qualified fire service personnel, approved by the Fire Chief or Fire Marshal. When utilized, the number required shall be as directed by the Fire Chief. Charges for utilization shall be as normally calculated by the jurisdiction. UPGRADED OR REPLACED FIRE ALARM SYSTEM. A fire alarm system that is upgraded or replaced includes, but is not limited to the following: • Replacing one single board or fire alarm control unit component with a newer model • Installing a new fire alarm control unit in addition to or in place of an existing one • Conversion from a horn system to an emergency voice/alarm communication system • Conversion from a conventional system to one that utilizes addressable or analog devices The following are not considered an upgrade or replacement: • Firmware updates • Software updates • Replacing boards of the same model with chips utilizing the same or newer firmware Section 202 is hereby amended by adding the following sentence to the end of the current definition of “Manual Dry” under the heading “STANDPIPE, TYPES OF”: The system must be supervised as specified in Section 905.2. Section 307 shall be amended to read as follows: Section 307, Open Burning. All open burning shall first require an approved permit, and shall be conducted in a safe manner approved by the Fire Chief or Fire Marshal in full compliance with the TCEQ Outdoor Burning Rules described in The Texas Administrative Code (TAC), Title 30, Part Item 12 Ordinance No. 18-__, Page 10 1, Chapter 111.209 (1), (2), (3), (4) (A), (6), (7) that provide the laws pertaining to outdoor burning exceptions. Approved burn days shall be determined by the respective county. Section 307.2 shall be amended to read as follows: 307.2 Permit Required. A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to kindling a fire for recognized silvic cultural or range or wildlife management practices, prevention or control of disease or pests, or open burning. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled. Examples of state or local law, or regulations referenced elsewhere in this section may include but not be limited to the following: 1. Texas Commission on Environmental Quality (TCEQ) guidelines and/or restrictions. 2. State, County, or Local temporary or permanent bans on open burning. 3. Local written policies as established by the fire code official. Section 307.3shall be amended to read as follows: 307.3 Extinguishment authority The fire code official is authorized to order the extinguishment by the permit holder, another person responsible or the fire department of open burning that creates or adds to a hazardous or objectionable situation. Section 307.4shall be amended to read as follows: 307.4 Location. The location for open burning shall not be less than 300 feet mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 300 feet of any structure. Exceptions: {No change.} Section 307.4.3, Exceptions: add exception #2 to read as follows: Exceptions: 2. Where buildings, balconies and decks are protected by an approved automatic sprinkler system. Section 307.4.4 and 5; add section 307.4.4 and 307.4.5 to read as follows: 307.4.4 Permanent Outdoor Fire pit. Permanently installed outdoor fire pits for recreational fire purposes shall not be installed within 10 feet of a structure or combustible material. Exception: Permanently installed outdoor fireplaces constructed in accordance with the International Building Code. 307.4.5 Trench Burns. Trench burns shall be conducted in air curtain trenches and in accordance with Section 307.2. Section 307.5shall be amended to read as follows: 307.5 Attendance. Open burning, trench burns, bonfires, recreational fires, and use of portable outdoor fireplaces shall be constantly attended until the… {Remainder of section unchanged} Item 12 Ordinance No. 18-__, Page 11 308.1.4 shall be amended to read as follows: 308.1.4 Open-flame cooking devices. Open-flame cooking devices, charcoal grills and other similar devices used for cooking shall not be located or used on combustible balconies, decks, or within 10 feet (3048 mm) of any combustible construction. Exceptions: 1. One-and two-family dwellings, except that LP-gas containers are limited to a water capacity not greater than 50 pounds (22.68 kg) [nominal 20 pound (9.08 kg) LP-gas capacity with an aggregate LP-gas capacity not to exceed 100 pounds (5 containers). 2. Where buildings, balconies and decks are protected by an approved automatic sprinkler system, except that LP-gas containers are limited to a water capacity not greater than 50 pounds (22.68 kg) nominal 20 pound (9.08 kg) LP-gas capacity] with an aggregate LP-gas capacity not to exceed 40 pounds (2 containers). Section 308.1.6.2, Exception 3 shall be amended to read as follows: 3. Torches or flame-producing devices in accordance with Section 308.4 Section 308.1.6.3shall be amended to read as follows: 308.1.6.3 Sky Lanterns. A person shall not release or cause to be released an unmanned free- floating devices containing an open flame or other heat source, such as but not limited to a sky lantern. Section 311.5 shall be amended to read as follows: 311.5 Placards. The fire code official is authorized to require marking of any vacant or abandoned buildings or structures determined to be unsafe to Section 110 of this code relating to structural or interior hazards, as required by Section 311.5.1 through 311.5.5. Section 315.3.1 shall be added to read as follows: 315.3.1 Ceiling clearances. The fire code official is authorized to require the marking of any storage area known to be a common area for over stacking. Marking shall be a painted 2” red stripe with painted-1” tall white letters “DO NOT STACK ABOVE THIS LINE.” A new Section 320 entitled Food Booths is hereby adopted to read as follows: SECTION 320 FOOD BOOTHS 320.1 General. The requirements of this section shall apply to the installation and use of food booths and tents not regulated by Chapter 31. 320.2 Permits. It shall be unlawful to operate a food booth without a permit as set forth in Section 105.6. Exceptions: 1. When a special event permit is associated with the event, the permit issued by the Town of Item 12 Ordinance No. 18-__, Page 12 Prosper will be acceptable. 2. When the food booth tent exceeds a total singular area in excess of 400 sq. ft., they shall comply with the requirements of Chapter 31. 320.3. Fire Extinguishers. One (1) 2A-10B: C fire extinguisher shall be required for all food booths. Booths with cooking operations that create grease laden vapors, including deep far fryers, griddles, etc., shall have a Class K fire extinguisher. 320.4 Location. Food booths utilized for cooking shall have a minimum of 10 feet clearance on two sides. Exception: When allowed by the Fire Code Official, food booths shall be permitted to be grouped together, not to exceed three (3) 10 foot by 10-foot tents/canopies, or as otherwise permitted in writing. 320.5 Cooking equipment location. Cooking equipment shall not be located within 10 feet of combustible materials. Open flame cooking, or cooking that produces grease laden vapor shall not be performed under the food booth. 320.6 Acceptable Cooking Sources. The following are the only approved cooking sources for food booths: 1. Solid fuel, such as wood or charcoal 2. LPG 3. Natural Gas 4. Electricity 320.7 Generators. Fuel tanks shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Generators shall be isolated from contact with the public. Storage of gasoline is not permitted in or near generators or food booths. 320.8 Decorations. All decorative material shall be at least 10 feet away from any open flame, cooking element, or heat source or be flame resistant. 320.9 Escape route. All concession stands shall have a minimum of a 3-foot aisle for emergency escape. LPG. All equipment used in conjunction with LPG tanks shall be UL Listed. Tanks shall be secured to prevent tipping or falling. Only one spare tank will be allowed in a food booth. Emptied propane tanks are to be removed from the site immediately after use. Tank shutoff valves and/or additional shutoff valves shall be accessible and away from the cooking appliance(s). Propane tanks shall not be within five feet of an ignition source. Propane tanks shall not be located within 10 feet of a building door or window. A new Section 321 entitled EMS Elevator is hereby adopted to read as follows: SECTION 321 EMS ELEVATOR Where elevators are provided in buildings, not less than one elevator shall be provided for fire department emergency access to all floors. The elevator car shall be of such size and arrangement to accommodate an ambulance stretcher 24 inches by 84 inches with not less than Item 12 Ordinance No. 18-__, Page 13 5-inch radius corners, in the horizontal, open position and shall be identified by the international symbol for emergency medical services (star of life). The symbol shall be not less than 3 inches in height and shall be placed inside on both sides of the hoist way door frame. Exception: When allowed by the Fire Code Official, an EMS elevator shall not be required for buildings less than 4 stories. Section 401.9 shall be added to read as follows: 401.9 False Alarms and Nuisance Alarms. False alarms and nuisance alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in any manner. Section 401.9.1 shall be added to read as follows: Section 401.9.1 Violations. Shall be addressed per ordinance 11-49 or as amended. Section 403.5 is hereby amended to read as follows: 403.5 Group E Occupancies. An approved fire safety and evacuation plan in accordance with Section 404 shall be prepared and maintained for Group E occupancies and for buildings containing both a Group E occupancy and an atrium. A diagram depicting two evacuation routes shall be posted in a conspicuous location in each classroom. Group E occupancies shall also comply with Sections 403.5.1 through 403.5.3. Section 404.2.2; add Number 4.10 to read as follows: 4.10 Fire extinguishing system controls. Section 405.4 shall be added to read as follows: 405.4 Time. The Fire Code Official may require an evacuation drill at any time. Drills shall be held at unexpected times and under varying conditions to simulate the unusual conditions that occur in case of fire. Section 501.4 is hereby amended to read as follows: 501.4 Timing of installation. When fire apparatus access roads and/or a water supply for fire protection is required to be installed for any structure or development, they shall be installed, tested, and approved prior to the time of which construction has progressed beyond completion of the foundation of any structure. Section 503.1.1 is hereby amended to insert the following language beginning in a new paragraph situated between the end of the current provision and the list of Exceptions: Except for one- or two-family dwellings, the path of measurement shall be along a minimum of a ten foot (10') wide unobstructed level pathway around the external walls of the structure and all barriers. A continuous row of parking between the fire lane and the structure shall be considered a barrier. Landscaping may also be considered a barrier based upon the location of type. The provisions of this section notwithstanding, fire lanes may be required to be located within thirty feet (30') of a building if deemed to be reasonably necessary by the Fire Chief or Fire Marshal to enable proper protection of the building. The use of a roadway designated as a Item 12 Ordinance No. 18-__, Page 14 major/minor thoroughfares or commercial collectors by the Town as a fire lane shall be prohibited. Fire lane and access easements shall be provided to serve all buildings through parking areas, to service entrances of buildings, loading areas and trash collection areas, and other areas deemed necessary to be available to fire and emergency vehicles. The Fire Chief or Fire Marshal is authorized to designate additional requirements for fire lanes where the same is reasonably necessary so as to provide access for fire and rescue personnel. Fire lanes provided during the platting process shall be so indicated on the plat as a fire lane easement. Where fire lanes are provided and a plat is not required, the limits of the fire lane shall be shown on a site plan and placed on permanent file with the Town Planning Department. No owner or person in charge of any premises served by a fire lane or access easement shall abandon, restrict or close any fire lane or easement without first securing from the Town of Prosper approval of an amended plat or other acceptable legal instrument showing the removal of the fire lane easement. Section 503.1 is hereby amended to add a new Section 503.1.4 to read as follows: 503.1.4 Two points of access. A minimum two points of approved fire apparatus access shall be provided for each building, structure and subdivision. The two points of access shall be a minimum of 140 feet (140’) apart as measured edge of pavement to edge of pavement. Section 503.1 is hereby amended to add a new Section 503.1.5 to read as follows: Section 503.1.5 Residential subdivisions. The maximum dead- end cul-de-sac length shall not exceed six hundred feet (600’) as measured from the centerline of the intersection street to the center point of the radius. Section 503.2.1 is hereby amended to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7,315 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 14 feet (4,267 mm). Fire lane dimensions established by Appendix D, or other sections of this Code, shall be superseded by the criteria established by this section. The requirements of Section D105 shall remain unchanged. Section 503.2.2 is hereby amended to read as follows: 503.2.2 Authority. The code official shall have the authority to require an increase in the minimum access widths and vertical clearances where they are inadequate for fire or rescue operations. Section 503.2.3is hereby amended to read as follows: 503.2.3 Surface. Construction of all fire lanes shall be in accordance with Town of Prosper Thoroughfare Design Manual and this section. Fire lanes shall be constructed of concrete surface capable of supporting the imposed loads of a 2-axle, 85,000 lb. fire apparatus. The design shall be based on the geotechnical investigation of Item 12 Ordinance No. 18-__, Page 15 the site, but shall meet the stated minimums. The fire lane shall be constructed with a minimum 6 in. thick, 3500 PSI concrete with steel reinforcing of No. 3 bars spaced 24 in. on centers in each direction. The base course thickness shall be a minimum of 6 in. in thickness and shall consist of lime or cement stabilization as recommended in the Geotechnical Report. Where lime or cement stabilization is not practical, the standard pavement thickness may be increased by 1 in. and a minimum of 6 in. flexible base course in lieu of treating the sub-grade with lime or cement. The base course shall consist of a minimum 6 in. flexible base course over a compacted sub-base to 95% Standard Proctor density, or 6 in. of asphalt base as approved by the Town. Whenever forty percent (40%) of existing, non-conforming fire lanes are replaced within a twelve month period, the entire fire lane shall be replaced according to current standards. All fire lanes shall be maintained and kept in a good state of repair at all times by the owner and the Town of Prosper shall not be responsible for the maintenance thereof. It shall further be the responsibility of the owner to insure that all fire lane markings required by Section 503.3 be kept so that they are easily distinguishable by the public. Section 503.2.4 is hereby amended as follows: 503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be in accordance with this section. Any such fire lane shall either connect both ends to a dedicated public street or fire lane or be provided with an approved turnaround having a minimum outer radius of fifty feet (50’). If two or more interconnecting lanes are provided, interior radius for that connection shall be required in accordance with the following: 24-foot fire lane – minimum radius 30 feet 26-foot fire lane – minimum radius 30 feet 30-foot fire lane – minimum radius 20 feet Fire lane dimensions established by Appendix D, or other sections of this Code, shall be superseded by the criteria established by this section. The requirements of Section D105 shall remain unchanged. Section 503.2.7 is hereby amended to read as follows: 503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits established by the Town's Engineering Design Manuals. In no case shall the grades along a fire apparatus access road exceed the following: Along the Fire Apparatus Access Road – 6% (measured longitudinally) Cross Slope – 4% Exception. The code official shall have the authority to adjust the grade along the fire lane when necessary for fire or rescue operations or based upon the hazard being protected or general topography of the lot. In no case shall the grade exceed nine percent (9%) or shall the cross slope exceed five percent (5%). Written approval from the Fire Code Official shall be required. Section 503.2.8 is hereby amended to read as follows: Item 12 Ordinance No. 18-__, Page 16 503.2.8 Angles of approach and departure. The angles of approach and departure for a fire apparatus access road shall be within the limits established by the Fire Code Official. In no case shall the grades exceed the following: 1. Maximum Angle of Approach – 5% 2. Maximum Angle of Departure – 5% Exception. The code official shall have the authority to adjust the grade along the fire lane when necessary for fire or rescue operations or based upon the hazard being protected or general topography of the lot. Written approval from the Fire Code Official shall be required. Section 503.3 is hereby amended to read as follows: 503.3 Marking. Striping, signs, or other markings, when approved by the Fire Code Official, shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Striping, signs and other markings shall be maintained in a clean and legible condition at all times and shall be replaced or repaired when necessary to provide adequate visibility. 1. Striping – Fire apparatus access roads shall be continuously marked by painted lines of red traffic paint six inches (6”) in width to show the boundaries of the lane. The words “NO PARKING FIRE LANE” or “FIRE LANE NO PARKING” shall appear in four-inch (4”) white letters at 25-foot (25’) intervals on the red border markings along both sides of the fire lanes. Where a curb is available, the striping shall be on both the horizontal and vertical faces of the curb. The paint shall be Ennis Flint, SB Red All Stripe Low Voc, product code 98A2181 or equal. The concrete shall cure for a minimum of seven (7) days prior to the application of paint. Manufactures Documentation shall be required supporting the paint choice compliant with this mandate or of equal rating. 2. Signs – Signs shall read “NO PARKING FIRE LANE” or “FIRE LANE NO PARKING” and shall be twelve inches (12”) wide and eighteen inches (18”) high. Signs shall be painted on a white background with letters and borders in red, using not less than two-inch (2”) lettering. Signs shall be permanently affixed to a stationary post and the bottom of the sign shall be six feet, six inches (6’ 6”) above finished grade. Signs shall be spaced not more than fifty feet (50’) apart. Signs may be installed on permanent buildings or walls or as approved by the Fire Chief or Fire Marshal. Section 503.4 is hereby amended to read as follows: 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles, whether attended or unattended for any period of time. The minimum widths and clearances established in Section 503.2.1 through 503.2.8 and any area marked as a fire lane as described in Section 503.3 shall be maintained clear at all times. Unoccupied vehicles or other obstructions in the fire lane may be removed or towed at the expense of the registered owner. 503.4.1 Fire Lane Violations 1. The registered owner of a vehicle parked or standing in a fire apparatus access road shall be presumed to be the violator and may be held jointly and severally liable for the violation. 2. A person, firm, partnership, corporation, association, or other entity shall be presumed to be Item 12 Ordinance No. 18-__, Page 17 the violator and may be held jointly and severally liable for the violation if the person, firm, partnership, corporation, association, or other entity is the owner of, custodian of, or otherwise exercises actual or apparent control over equipment, materials, or other objects obstructing a fire apparatus access road. 3. The owner, occupant, or leaseholder of the property or business directly adjacent to the portion of the fire apparatus access road obstructed shall be presumed to be the violator and may be held jointly and severally liable. Section 503.7 is hereby added to read as follows: 503.7. Preemption device. When mechanically operated gates or barriers are provided, or required, across a fire apparatus access road, an approved emergency vehicle traffic preemption device shall be provided compatible with the fire department’s apparatus. Section 504.1 is hereby added to read as follows: 504.1.1 Any new structure designed to accommodate multiple tenants shall incorporate a “Master Key System” for all door openings. Section 505.1 is hereby amended to read as follows: 505.1 Address Identification. Approved numerals of a minimum six inches (6”) in height and of a color contrasting with the background designating the address shall be placed on all new and existing buildings or structures in a position as to be plainly visible and legible from the street or road fronting the property and from all rear alleyways/access. If the building is more than 50’ from the street or road, approved numerals of a minimum twelve inches (12”) in height or as determined by the fire code official. Where buildings do not immediately front a street, approved six-inch (6”) height building numerals or addresses and 3-inch (3”) height suite/apartment numerals of a color contrasting with the background of the building shall be placed on all new and existing buildings or structures. Numerals or addresses shall be posted on a minimum twenty-inch by thirty-inch (20” X 30”) background on border. Where access is provided by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign with approved 6-inch (152.4 mm) height building numerals or addresses and 4-inch (101.6 mm) height suite/apartment numerals of a color contrasting with the background of the building or other approved means shall be used to identify the structure. Numerals or addresses shall be posted on a minimum 20-inch (508 mm) by 30-inch (762 mm) background on border. Address identification shall be maintained. Address numbers shall be Arabic numerals or alphabet letters. The minimum stroke width shall be 0.5 inches. Where access is provided by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign of means shall be used to identify the structure. Exception. R-3 Single Family occupancies shall have approved numerals of a minimum three and one-half inches (3½”) in height and a color contrasting with the background clearly visible and legible from the street fronting the property and rear alleyway where such alleyway exists. Item 12 Ordinance No. 18-__, Page 18 Section 505.1.1 shall be added to read as follows: 505.1.1 Utility shut-off and identification. All utilities shall have an exterior means of being disconnected by the Fire Department in case of an emergency. Approved numerals of minimum one-inch (1”) height and of a color contrasting with the background shall be placed on gas and electrical meters serving all new and existing buildings or structures except R-3 occupancies. Section 505.3 is hereby added to read as follows: 505.3 Wayfaring Sign. A wayfaring sign shall be provided for all new and existing multi building developments in which multiple buildings are addressed off a single address, such as in an apartment complex, or when the nature and arrangement of the buildings, such signage would be conducive to navigation. Such signs shall be placed at all points of entry into the development, or as required by the Fire Code Official. The wayfaring sign shall meet the below minimum requirements: 1. Provide a simplified Site Plan layout of the development or property. 2. Shall indicate all entry and exit points. 3. Shall be a minimum 36-inch by 36-inch. 4. Shall be provided with lighting or reflective sheeting. 5. Shall be permanently mounted. 6. Shall indicate major building and/or address numbers. 7. Shall indicate the developments name and address. Section 505.4 is hereby added to read as follows: 505.4 Address Marking in Parking Garages. An approved sign displaying the building name and address with a minimum 1-inch high letters and numerals on a contrasting background in new and existing parking garages. The signs shall be located in each elevator lobby and at the entrance to each stairwell. Section 506.1.3 is hereby added to read as follows: 506.1.3 Knox Box Locations. The key box shall be provided at the entrance to the sprinkler riser room and fire pump room. Additional key boxes shall be placed at the main entrance to a large building when determined by the fire code official it is necessary due to the size and remoteness from the fire sprinkler riser room and/or fire pump room. Section 507.4 is hereby amended to read as follows: 507.4 Water supply test date and information. The water supply test used for hydraulic calculation of fire protection systems shall be conducted in accordance with NFPA 291 “Recommended Practice for Fire Flow Testing and Marking of Hydrants” and within one year of sprinkler plan submittal. The Fire Code Official shall be notified prior to the water supply test. Water supply tests shall be witnessed by the Fire Code Official as required. The exact location of the static/residual hydrant and the flow hydrant shall be indicated on the design drawings. All fire protection plan submittals shall be accompanied by a hard copy of the waterflow test report, or as approved by the Fire Code Official. The report must indicate: 1. The dominant water tank level at the time of the test Item 12 Ordinance No. 18-__, Page 19 2. The maximum and minimum operating levels of the tank 3. Identify applicable water supply fluctuation The licensed contractor must then design the fire protection system based on this fluctuation information, as per the applicable referenced NFPA standard. Reference Section 903.3.5 for additional design requirements. All water based suppression systems shall utilize the targeted water pressures of 75 psi static and 65 psi residual in the hydraulic design of sprinkler suppression systems, regardless of hydrant flow test results, as advised by the Prosper Water Department directive dated 08-17-2017. The mandate for a 10 psi safety factor shall be added to the hydraulic design. 1. Fire lines exceeding 100 feet shall be required to install a backflow preventer in a concrete vault near the fire service line connection to the Town's re-circulating water line. 2. The Town Fire Marshal shall approve the construction plans for the vault, fittings, valves, double detector check, etc. and will issue a separate permit for fire sprinkler systems. Section 507.5.1 is hereby amended to read as follows: 507.5.1 Where Required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant or a fire access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the Fire Code Official. Notwithstanding the foregoing, fire hydrants shall be required as follows: 1. Spacing: As properties develop, fire hydrants shall be located at all intersecting streets and at the maximum spacing shall be every 300 feet (300') for all developments, and facilities other than R3. R-3 developments shall be every 500 feet (500') Distances between hydrants shall be measured along the route that fire hose is laid by a fire apparatus from hydrant to hydrant, not as the “crow flies.” 2. Protected Properties: Fire hydrants required to provide a supplemental water supply for automatic fire protection systems shall be located within a 50 foot (50') hose lay of the fire department connection for such systems. 3. Fire Hydrant Locations: Fire hydrants shall be located 2 foot (2') to 6 foot (6') back from the curb or fire lane and shall not be located in the bulb of a cul-de-sac. 4. Minimum Number of Fire Hydrants: There shall be a minimum of two (2) fire hydrants serving each property within the prescribed distances listed above. A minimum of one fire hydrant shall be located on each lot. 5. Fire Hydrant leads shall not exceed 100 feet from the main line connection. 6. No connection shall be allowed to a fire hydrant lead for domestic, irrigation or other use. Section 507.5.4 is hereby amended to read as follows: 507.5.4 Obstruction. Unobstructed access to fire hydrants shall be maintained at all times. Posts, fences, vehicles, growth, trash, storage and other materials or objects shall not be placed or kept near fire hydrants, fire department inlet connections of fire protection system control valves in a Item 12 Ordinance No. 18-__, Page 20 manner that would prevent such equipment of fire hydrants from being immediately discernible. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants. Section 509.1.2 is hereby added to read as follows: 509.1.2 Sign Requirements. Unless more stringent requirements apply, lettering for signs required by this section shall have a minimum height of 2 inches (50.8 mm) when located inside a building and 4 inches (101.6 mm) when located outside, or as approved by the Fire Code Official. The letters shall be of a color that contrasts with the background. Outdoor signage shall be secured by mechanical means, adhesives tapes or glues are prohibited. Section 510.1 is hereby amended to read as follows, while the Exceptions thereto remain unchanged: In all new and existing buildings in which the type of construction or distance from an operational emergency services antenna or dispatch site does not provide adequate frequency or signal strength at the exterior and all portions of the interior of the building, as determined by the code official, the building owner shall be responsible for providing the equipment, installation and maintenance of said equipment in a manner to strengthen the radio signal. The radio signal shall meet the minimum input/output strengths set forth in this section, or according to the emergency radio system’s provider and system manager. A new Section 511 entitled “Fire Protection & Building Signage” is hereby adopted to read as follows: SECTION 511 FIRE PROTECTION & BUILDING SIGNAGE 511.1 Scope. The provisions of this chapter shall apply to the installation of directional, equipment and fire protection signage. All outdoor signage shall be secured by mechanical means, adhesives tapes or glues are prohibited. 511.2 Requirements. All buildings and structures provided with an approved fire protection system, hazardous materials, high piled storage, fire department access or required by other provisions of this code or the Fire Code Official, shall be provided with signage in the locations set forth in Sections 511.3 through 511.19 and shall be approved by the Fire Code Official prior to installation. Exception. This section shall not require existing buildings to be provided with the required signage unless the building is renovated, altered or as otherwise required by the Fire Code Official or other provisions of this code. 511.3 Sign Specifications. All signs required by this section shall be in accordance with the following specifications, unless otherwise noted: 1. Minimum size of 12 in. x 12 in. 2. Constructed of a minimum 0.080 aluminum sheet with a minimum 0.75 radius corners. 3. Font style shall be Arial, with all letters capitalized, minimum 3 in. lettering and ½ in. width. 4. Sign face shall be traffic red. 5. Lettering and/or graphics shall be white and reflective. Item 12 Ordinance No. 18-__, Page 21 Exceptions: The Fire Code Official may approve alternate methods and material. 511.4 Fire Department Connection. All buildings provided with an approved automatic fire sprinkler system or standpipe requiring a Fire Department Connection (FDC), shall indicate the location of the FDC with appropriate signage as follows: 1. Building and structures in which multiple FDC’s will be located within the same subdivision, shall also indicate numerical address, suite numbers served or other description as approved by the Fire Code Official. 2. When multiple FDC’s are provided at a common location to serve different types of fire protection systems, the sign shall further indicate the type of fire protection system served. 3. Where the FDC does not serve the entire building, a sign shall be provided indicating the portions of the building served. 511.4.1 Wall Mounted FDC. Wall mounted FDC’s shall have a sign mounted 7 feet above grade directly over the FDC. Exception. If the FDC is located such that it may be difficult to readily locate, the inclusion of a directional arrow or additional signage may be required. 511.4.2 Remote Mounted FDC. For fire protection systems supplied by a remotely located FDC, a sign shall be permanently mounted as following: 1. Sign shall be located directly adjacent to the FDC. 2. Shall be mounted on a sign post that extends a minimum of 7 feet above grade. 3. The numerical street number shall be included. 4. An Audio/Visual device shall be mounted at the top of the sign post. 511.4.3 FDC Protection. All FDC’s shall have a minimum 8-in. x 12 in. red sign with 1 ½ in. white lettering that reads “DO NOT BLOCK – BY ORDER OF THE FIRE MARSHAL” placed directly under the FDC. 511.5 Fire Protection Equipment Rooms. Room containing fire sprinkler riser assemblies and control equipment shall be identified with a 12-in. x 12 in. sign that reads “RISER ROOM STORAGE PROHIBITED”. In the fire alarm system control panel and/or other fire protection equipment is located within the same room, the sign shall include lettering identifying all equipment located therein. 511.5.1. Multiple Riser Identification. When multiple risers are located within the same room, or in different locations within the same building, signs shall be provided to indicate the zone or floor served by the riser assembly, or the type of system serving the zone or floor. Signs shall be 8 in. X 8 in. with 2 in. lettering. 511.6 Fire Pump Test Header. When a fire pump is provided as part of the fire protection system, a sign shall be provided to differentiate the test header from other equipment. Signs shall be red, a minimum 8 in. x 8 in. with 2 in. white lettering that reads “FIRE PUMP TEST HEADER” Item 12 Ordinance No. 18-__, Page 22 511.7 Roof Access. For buildings and structures were roof access is not provided from the exterior of the building, a sign shall be provided on the door or room containing the access point. Sign shall be red 8 in. x 8 in. with 2 in. white lettering that reads “ROOF ACCESS”. 511.8 Wall & Post Indicator Valves. When a Wall or Post Indicator Valve (PIV) is provided as part of the fire protection system, signs shall be provided to indicate the riser and/or zone controlled by the valve. Signs shall be located directly adjacent to the control valve and shall be either mounted on a sign post or affixed to the exterior of the building. 511.9 Fire Department Access. In the event that fire department access is so located in an area that is not readily identifiable, or as required by the Fire Code Official, signs shall be provided and located as directed by this section or the Fire Code Official. 511.9.1 Access Gates. When pedestrian access gates are provided, or otherwise required, in order to provide access to a building or facility, a minimum 8 in. x 6 in. red sign with 2 in. white lettering shall be provided on the gate that reads “F.D. ACCESS”. 511.9.2 Automatic Access Gates. When automatic or manual access gates are provided across a fire lane or entry/egress points to a residential subdivision, or otherwise required, in order to provide access to a building, facility or residential subdivision, a minimum 8 in. x 6 in. red sign with 2 in. white lettering shall be provided on the gate that reads “F.D. ACCESS”. 511.9.3 Emergency Access Easements. When automatic or manual access gates are provided across an emergency access easement or fire lane to a residential subdivision, or otherwise required a minimum 8 in. x 6 in. red sign with 2 in. white lettering shall be provided on the gate that reads “F.D. ACCESS”. 511.10 Hazardous Materials. When required by other sections of the Fire Code, or the Fire Code Official, an NFPA 704 diamond shall be posted at a location on the premise as approved by the Fire Code Official. The entire sign shall be made of a reflective material. Exception. Construction requirements of this section shall not apply, with the exception the sign must be reflective and a minimum of 12 in. x 12 in. 511.11 High-Piled Storage. When high piled combustible storage, in accordance with Chapter 23, is present within a building or structure, marking shall be provided as set forth in Section 511.11.1 through 511.11.3. 511.11.1 Striping. A painted red 6-in. wide traffic stripe with 4 in. painted white lettering shall be provided in all areas in which storage exceeds 12 ft., or as required by the Fire Code Official, around the perimeter of the designed storage area. The top of the stripe shall indicate the maximum storage height, and shall read as follows “NO STORAGE PERMITTED ABOVE THIS LINE” at 25 ft. intervals. Exception. When permitted by the Fire Code Official, a 6 in. wide red stripe with no text may be allowed on the rack structures for non-publicly accessible areas where permanent signs are provided along the walls and racks per Section 511.11.2. 511.11.2 Signs. Permanent signs shall be placed on the ends of alternative racks to indicate “MAX. STORAGE HEIGHT XX FEET” and “NO STORAGE ABOVE THIS SIGN”, for racks and areas in which a wall is not adjacent to the storage array. Signs shall be 12 in. x 12 in. with 2 in. Item 12 Ordinance No. 18-__, Page 23 lettering. 511.12 Flammable and Combustible Liquids. When required by this section or other sections of the Fire Code, signs shall be provided as follows to identify the content of the material stored or used. Signs shall be 8 in. x 8 in. with 2 in. lettering. 511.13 Fire Command Room. When a fire command room is provided, an 8-in. x 8 in. red sign with 2 in. white lettering shall be provided to read “FIRE COMMAND ROOM”. 511.14 Electrical Room. When an interior electrical room is provided, an 8 in. X 8 in. red sign with 2 in. white lettering shall be provided to read “ELECTRICAL ROOM”. 511.15 Fire Alarm Control Panel. When the main fire alarm control panel is not located within the riser room, fire command room, or at the main entrance, an 8-in. x 8 in. red sign with 2 in. white lettering shall be provided to read “FIRE ALARM PANEL LOCATED IN _____”. 511.15.1 Supplementary Signs. When supplementary fire alarm system control panels, such as power supplies, special hazards or similar is provided, an 8 in. x 8 in. red sign with 2 in. white lettering shall be provided to read “FIRE ALARM PANEL WITHIN” shall be provided on the entry door. 511.16 Mechanical Room. When an interior mechanical room is provided, an 8 in. X 8 in. red sign with 2 in. white lettering shall be provided to read “MECHANICAL ROOM”. 511.17 Miscellaneous Signs. Whenever a sign not specifically outlined in this section is required by the Fire Code Official, it shall be constructed in accordance with this section. 511.18. Utility Identification. Approved numerals of minimum one- inch (1”) in height and of a color contrasting with the background shall be placed on gas and electrical meters serving all new and existing buildings or structures except R-3 occupancies. Signs identifying the utility service shall be red background with white letters secured by mechanical means above the applicable disconnect. Signs shall be a minimum 8 in. x 8 in. with 2 in. lettering - reflective. 511.19 Stairwell Identification. Stairwell identification signs shall be provided in buildings that are four (4) or more stories in height, or as required by this section. The signs shall be installed in stairways to identify each stair landing and indicate the upper and lower termination of the stairway. Signs within the stairways shall be located above the floor landing in a position that is readily visible when the door is in the open or closed position. Stairway identification signs shall indicate the numerical and/or location of the stair in a minimum 2-inch lettering and shall be constructed in accordance with Section 511.3. Exception. For signs located within a high-rise installed in accordance with Section 1024 of the International Building Code. 511.19.1 Occupancy side of doors. Signs shall be located at each level on the occupancy (tenant) side of all enclosed stairways, regardless of the height of the building. 511.19.2 Floor Level. The floor level number shall be displayed on the stairwell identification sign. Item 12 Ordinance No. 18-__, Page 24 511.19.3 Reentry. Where stairway doors are locked from the stairway side to prohibit entry to a floor, “NO RE-ENTRY” shall be placed at the bottom of the sign in a minimum 1-inch lettering. The Exception to Section 603.3.2.1 is hereby amended to read as follows: Exception. The aggregate capacity limit shall be permitted to be increased to 3,000 gallons (11,356 L) in accordance with all requirements of Chapter 57. Section 603.3.2.2 is hereby amended to read as follows: 603.3.2.2 Restricted use and connection. Tanks installed in accordance with Section 603.3.2 shall be used only to supply fuel oil to fuel-burning equipment installed in accordance with Section 603.3.2.4. Connections between tanks and equipment supplied by such tanks shall be made using closed piping systems. Sections 604.1.1 and 604.1.2 are hereby amended to read as follows: 604.1.1 Stationary generators. Stationary emergency and standby power generators required by this code shall be listed in accordance with UL 2200. 604.1.2 Installation. Emergency power systems and standby power systems shall be installed in accordance with the International Building Code, NFPA 70, NFPA 110 and NFPA 111. Existing installations shall be maintained in accordance with the original approval, except as specified in Chapter 11. Section 604.1 is hereby amended by adding a new Section 604.1.9 to read as follows: 604.1.9 Critical Operations Power Systems (COPS). For Critical Operations Power Systems necessary to maintain continuous power supply to facilities or parts of facilities that require continuous operation for the reasons of public safety, emergency management, national security, or business continuity, see NFPA 70. Section 604.2 is hereby amended to read as follows: 604.2 Where required. Emergency and standby power systems shall be provided where required by Sections 604.2.1 through 604.2.24 or elsewhere identified in this code or any other referenced code. Section 604.2.4 is hereby amended to read as follows: 604.2.4 Emergency voice/alarm communications systems. Emergency power shall be provided for emergency voice/alarm communications systems in the following occupancies, or as specified elsewhere in this code, in accordance with Section 907.5.2.2.5. The system shall be capable of powering the required load or a duration of not less than 24 hours, as required in NFPA 72. 1. Covered and Open Malls, Section 901.2.20 and 914.2.3 2. Group “A” occupancies, Sections 907.2.1 and 907.5.2.2.4. 3. Special Amusement buildings, Section 907.2.12.3 4. High rise buildings, Section 907.2.13 Item 12 Ordinance No. 18-__, Page 25 5. Atriums, Section 907.2.14 6. Deep Underground buildings, Section 907.2.19 Sections 604.2.12 and 604.2.13 are hereby amended to read as follows: 604.2.12 Means of Egress Illumination. Emergency power shall be provided for means of egress illumination in accordance with Sections 1008.3 and 1104.5.1. (90 minutes) 604.2.13 Membrane Structures. Emergency power shall be provided for exit signs in temporary tents and membrane structures in accordance with Section 3103.12.6.1. (90 minutes). Standby power shall be provided for auxiliary inflation systems in permanent membrane structures in accordance with Section 2702 of the International Building Code. (4 hours). Auxiliary inflation systems shall be provided in temporary air-supported and air-inflated membrane structures in accordance with section 3103.10.4. Section 604.2.15 is hereby amended to read as follows: 604.2.15 Smoke control systems. Standby power shall be provided for smoke control systems in the following occupancies, or as specified elsewhere in this code, in accordance with Section 909.11: 1. Covered mall building, International Building Code, Section 402.7 2. Atriums, International Building Code, Section 404.7 3. Underground buildings, International Building Code, Section 405.8 4. Group I-3, International Building Code, Section 408.4.2 5. Stages, International Building Code, Section 410.3.7.2 6. Special Amusement buildings (as applicable to Group A’s), International Building Code, Section 411.1 7. Smoke protected seating, Section 1029.6.2.1 Section 604.2 is hereby amended by adding Sections 604.2.17 through 604.2.24 to read as follows: 604.2.17 Covered and Open Mall Buildings. Emergency power shall be provided in accordance with Section 907.2.20 and 914.2.3. 604.2.18 Airport Traffic Control Towers. A standby power system shall be provided in airport traffic control towers more than 65 ft. in height. Power shall be provided to the following equipment: 1. Pressurization equipment, mechanical equipment and lighting. 2. Elevator operating equipment. Item 12 Ordinance No. 18-__, Page 26 3. Fire alarm and smoke detection systems. 604.2.19 Smoke-proof Enclosures and Stair Pressurization Alternative. Standby power shall be provided for smoke-proof enclosures, stair pressurization alternative and associated automatic fire detection systems as required by the International Building Code, Section 909.20.6.2. 604.2.17 Elevator Pressurization. Standby power shall be provided for elevator pressurization system as required by the International Building Code, Section 909.21.5. 604.2.18 Elimination of Smoke Dampers in Shaft Penetrations. Standby power shall be provided when eliminating the smoke dampers in ducts penetrating shafts in accordance with the International Building Code, Section 717.5.3, exception 2.3. 604.2.19 Common Exhaust Systems for Clothes Dryers. Standby power shall be provided for common exhaust systems for clothes dryers located in multistory structures in accordance with the International Mechanical Code, Section 504.10, Item 7. 604.2.20 Hydrogen Cutoff Rooms. Standby power shall be provided for mechanical ventilation and gas detection systems of Hydrogen Cutoff Rooms in accordance with the International Building Code, Section 421.8. 604.2.21 Means of Egress Illumination in Existing Buildings. Emergency power shall be provided for means of egress illumination in accordance with Section 1104.5 when required by the Fire Code Official. (90 minutes in I-2, 60 minutes elsewhere.) Section 604 is hereby amended by adding a new Section 604.8 to read as follows: 604.8 Energy time duration. Unless a time limit is specified by the Fire Code Official, in this chapter or elsewhere in this code, or in any other referenced code or standard, the emergency and standby power system shall be supplied with enough fuel or energy storage capacity for not less than 2-hour full-demand operation of the system. Exception: Where the system is supplied with natural gas from a utility provider and is approved. Section 609.2 is hereby amended to read as follows: 609.2 Where Required. A Type I hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors, including but not limited to cooking equipment used in fixed, mobile, or temporary concessions, such as trucks, buses, trailers, pavilions, or any form of roofed enclosure, as required by the Fire Code Official. Exceptions: 1. {No change to existing Exception.} 2. Tents, as provided for in Chapter 31. Additionally, fuel gas and power provided for such cooking appliances shall be interlocked with the extinguishing system, as required by Section 904.12.2. Fuel gas containers and piping/hose shall be properly maintained in good working order and in accordance with all applicable regulations. Section 704.1 is hereby amended to read as follows: Item 12 Ordinance No. 18-__, Page 27 704.1 Enclosure. Interior vertical shafts, including but not limited to stairways, elevator hoist ways, service and utility shafts, that connect two or more stories of a building shall be enclosed or protected in accordance with the codes in effect at the time of construction but, regardless of when constructed, not less than as required in Chapter 46. New floor openings in existing building shall comply with the International Building Code. Section 705 is hereby added to read as follows: Section 705 Multiple Occupancy Buildings 705.1 Scope. The provisions of this chapter shall apply to all buildings and structures where more than one (1) occupancy and/or business is located within same building or structure. 705.2 Separation. Each occupancy shall be separated from adjoining occupancies by a minimum one-hour fire rated demising wall or assembly, constructed in accordance with the International Building Code. Section 807.3 is hereby amended to read as follows: Combustible Decorative Materials. In occupancies in Groups A, E, I, and R-1, and dormitories in Group R-2, curtains, draperies, fabric hangings and other similar combustible decorative materials suspended from walls or ceilings shall comply with Section and shall not exceed 10 percent of the specific wall or ceiling area to which they are attached. Section 807.5.2.2 is hereby amended to read as follows: 807.5.2.2 Artwork in corridors. Artwork and teaching materials shall be limited on the walls of corridors to not more than 20 percent (20%) of the wall area. Such materials shall not be continuous from floor to ceiling or wall to wall. Curtains, draperies, wall hangings, and other decorative material suspended from the walls or ceilings shall meet the flame propagation performance criteria of NFPA 701 in accordance with Section 807 or be noncombustible. Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 shall be limited to 50 percent (50%) of the wall area. Section 807.5.2.3 is hereby amended to read as follows: 807.5.3 Artwork in classrooms. Artwork and teaching materials shall be limited on walls of classrooms to not more than 20 percent (20%) of the specific wall area to which they are attached. Curtains, draperies, wall hangings and other decorative material suspended from the walls or ceilings shall meet the flame propagation performance criteria of NFPA 701 in accordance with Section 807 or be noncombustible. Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 shall be limited to 50 percent (50%) of the wall area. Section 807.5.5.2 is hereby amended to read as follows: Item 12 Ordinance No. 18-__, Page 28 807.5.5.2 Artwork in corridors. Artwork and teaching materials shall be limited on the walls of corridors to not more than 20 percent (20%) of the wall area. Such materials shall not be continuous from floor to ceiling or wall to wall. Curtains, draperies, wall hangings, and other decorative material suspended from the walls or ceilings shall meet the flame propagation performance criteria of NFPA 701 in accordance with Section 807 or be noncombustible. Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 shall be limited to 50 percent (50%) of the wall area. Section 807.5.5.3 is hereby amended to read as follows: 807.5.5.2 Artwork in classrooms. Artwork and teaching materials shall be limited on walls of classrooms to not more than 20 percent (20%) of the specific wall area to which they are attached. Curtains, draperies, wall hangings and other decorative material suspended from the walls or ceilings shall meet the flame propagation performance criteria of NFPA 701 in accordance with Section 807 or be noncombustible. Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 shall be limited to 50 percent (50%) of the wall area. Section 901.5 is hereby amended by adding the following language to the end of the current text: {Current text inserted without change.} All required tests shall be conducted by and at the expense of the owner or his representative. The Fire Department shall not be held responsible for any damages incurred in such test. Where it is required that the Fire Department witness any such test, such test shall be scheduled with a minimum of 48-hour notice to the Fire Marshal or his representative. Section 901.6.1 is hereby amended by adding a new Section 901.6.1.1 to read as follows: 901.6.1.1 Standpipe Testing. Building owners/managers must utilize a licensed fire protection company to maintain and test standpipe systems as per NFPA 25 requirements. The following additional requirements shall be applied to the testing that is required every 5 years: 1. The piping between the Fire Department Connection (FDC) and the standpipe shall be hydrostatically tested for all FDC’s on any type of standpipe system. Hydrostatic testing shall also be conducted in accordance with NFPA 25 requirements for the different types of standpipe systems. 2. For any manual (dry or wet) standpipe system not having an automatic water supply capable of flowing water through the standpipe, the contractor shall connect hose from a fire hydrant or portable pumping system (as approved by the Fire Code Official) to each FDC, and flow water through the standpipe system to the roof outlet, or farthest interior outlet, to verify that each inlet connection functions properly. There is no required pressure criteria at the outlet. Verify that check valves function properly and that there are no closed control valves on the system. 3. Any pressure relief, reducing, or control valves shall be tested in accordance with the requirements of NFPA 25. All hose valves shall be exercised. Item 12 Ordinance No. 18-__, Page 29 4. If the FDC is not already provided with approved locking caps, the contractor shall install such locking caps for all FDC’s as required by the Fire Code Official. 5. Upon successful completion of standpipe test, the contractor shall place a blue tag (as per “Texas Administrative Code, Fire Sprinkler Rules for Inspection, Test and Maintenance Service (ITM) Tag”) at the bottom of each standpipe riser in the building. The tag shall be check-marked as “Fifth Year” for Type of ITM, and the note on the back of the tag shall read “5 Year Standpipe Test” at a minimum. 6. The procedures as required by “Texas Administrative Code, Fire Sprinkler Rules” with regard to Yellow Tags and Red Tags or any deficiencies noted during the testing, including the required notification of the local Authority Having Jurisdiction (Fire Code Official) shall be followed. 7. Additionally, records of the testing shall be maintained by the owner and contractor, if applicable, as required by the State Rules mentioned above and NFPA 25. 8. Standpipe system tests where water will be flowed external to the building shall not be conducted during freezing conditions or during the day prior to expected night time freezing conditions. 9. Contact the Fire Code Official for requests to remove existing fire hose from Class II and III standpipe systems where employees are not trained in the utilization of this firefighting equipment. All standpipe hose valves must remain in place and be provided with an approved cap and chain when approval is given to remove hose by the Fire Code Official. Section 901.6 is hereby amended by adding a new Section 901.6.3 to read as follows: 901.6.3 False Alarms and Nuisance Alarms. False alarms and nuisance alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in any manner. 901.6.3.1 Violations. Shall be addressed per Ordinance 11-49, as amended. Within a 12-month period, should 3 or more false or nuisance fire alarms be received, transmitted or notified, the owner, operator or representative of the property, building or facility shall be subject to a fine as set forth in Section 109.4 for each subsequent false or nuisance fire alarm. Section 901.7 is hereby amended to replace the first paragraph as follows: 901.7 Systems out of service. Where a required fire protection system is out of service or in the event of an excessive number of activations, the fire department and the Fire Code Official shall be notified immediately and, where required by the Fire Code Official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service. {Second paragraph remains unchanged.} Section 901.8.2 is hereby amended to read as follows: 901.8.2 Removal of existing Occupant-use Hose Lines. The Fire Code Official is authorized to permit the removal of existing occupant-use hose lines and hose valves where all of the following conditions exist: Item 12 Ordinance No. 18-__, Page 30 1. The hose line(s) would not be utilized by trained personnel or the fire department. 2. If the occupant-use hose lines are removed, but the hose valves are required to remain as per the Fire Code Official, such shall be compatible with local fire department fittings. Section 901.11 is hereby added to read as follows: 901.11 Discontinuation or change of service. Notice shall be made to the Fire Code Official whenever contracted alarm services for monitoring of any fire alarm system is terminated for any reason, or a change in alarm monitoring provider occurs. Notice shall be made in writing to the Fire Code Official by the building owner and alarm service provider prior to the service being terminated. Section 903.1.1 is hereby amended to read as follows: 903.1.1 Alternative protection. Alternative automatic fire- extinguishing systems complying with Section 904 shall be permitted in addition to automatic sprinkler protection where recognized by the applicable standard or as approved by the Fire Code Official. Section 903.1.2 is hereby added to read as follows: 903.1.2 Spray booths and rooms. New and existing spray booths and spray rooms shall be protected by an approved automatic fire- extinguishing system in accordance with Chapter 9. Section 903.1.3 is hereby added to read as follows: 903.1.3 Residential systems. Unless specifically allowed by this Code or the International Building Code, residential sprinkler systems installed in accordance with NFPA 13D or NFPA 13R shall not be recognized for the purposes of modifications, exceptions or reductions, commonly referred to as “trade-offs,” permitted by other requirements of this Code or the International Building Code. Residential sprinkler systems installed in accordance with NFPA 13R shall include attic sprinkler protection to be recognized for the purposes of such trade-offs permitted by other requirements of this Code, or for modifications permitted under Chapter 5 of the International Building Code. When such trade-offs are taken, an NFPA 13 sprinkler system shall be required. One and two family dwellings, mobile homes and townhomes shall not be governed by this ordinance. Refer to Town Ordinance No. 04-98 for fire sprinkler requirements Section 903.2 is hereby amended to read as follows: 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12. Automatic sprinklers shall not be installed in elevator machine rooms, elevator machine spaces and elevator hoist-ways. Storage shall not be allowed within the elevator machine rooms. Signage shall be provided at the entry doors to the elevator machine rooms indicating “ELEVATOR MACHINERY – NO STORAGE ALLOWED consistent with Section 511. Section 903.2 is hereby amended to delete the Exception. Section 903.2.8 Group R is retained from Town Ordinance No. 04-98, the International Fire Code Item 12 Ordinance No. 18-__, Page 31 2003 Edition. Section 903.2.9.3 is hereby added to read as follows: 903.2.9.3 Self-service storage facility. An approved automatic sprinkler system shall be installed throughout all self-service storage facilities. 903.2.9.3.1. Vertical storage limits. A screen shall be installed at eighteen inches (18”) below the level of the sprinkler heads to restrict storage above that level. This screen shall be a mesh of not less than one inch (1”) nor greater than six inches (6”) in size. The screen and its supports shall be installed such that all elements are at least eighteen inches (18”) below any sprinkler heads, measured from the level of the sprinkler deflector. 903.2.9.3.2. Fire alarm system. An approved fire alarm system shall be installed throughout all self-service storage facilities. This shall include visual, audible, heat, and smoke detection. Section 903.2.10.3 Buildings more than 35 feet in height is retained from Town Ordinance No. 04- 98, the International Fire Code 2003 Edition. Section 903.2.11.3 and the associated Exceptions are hereby amended to read as follows: 903.2.11.3 Buildings more than 35 feet in height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with Section 1510 of the International Building Code, located 35 feet (10,668 mm) or more above the lowest level of fire department vehicle access. Exception: Open parking structures in compliance with Section 406.5 of the International Building Code and Section 903.2.11.9 of this Code. Sections 903.2.11.7 through Section 903.2.11.9 are hereby added to read as follows: 903.2.11.7 High-piled combustible storage. For any building with a clear height exceeding 12 feet (4,572 mm), see Chapter 32 to determine if those provisions apply. 903.2.11.8 Spray booths and rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic sprinkler system and/or an approved automatic fire- extinguishing system in accordance with Chapter 9 and Section 1504. 903.2.11.9 Buildings over 5,000 sq. ft. An automatic sprinkler system shall be installed throughout all buildings with a building area over 5,000 sq. ft. For the purpose of this provision, fire walls shall not define separate buildings. Building area is defined by the reflection of the roof, commonly referred to as “drip line.” With every new system, a documentation cabinet shall be installed in the sprinkler riser room or at another approved location at the protected premises. The documentation cabinet shall be sized so that it can contain all necessary documentation. All record documentation shall be stored in the documentation cabinet. Item 12 Ordinance No. 18-__, Page 32 Exceptions: 1. Open parking garages in compliance with Section 406.5 of the International Building Code, when all of the following conditions apply: a. The structure is freestanding. b. The structure does not contain any mixed uses, accessory uses, storage rooms, electrical rooms, elevators or spaces used or occupied for anything other than motor vehicle parking. c. The structure does not exceed 3 stories. d. An approved fire apparatus access road is provided around the entire perimeter of the structure. Section 903.3.1 is hereby amended to add the following language at the end of the current text in such section: Section 903.3.1 Standards. {Retain existing text unchanged.} For any structure or building, for which a specific use, lease, or tenant cannot be identified, such as a speculative retail or office building, the sprinkler system shall be designed to Ordinary Hazard Group II, or as permitted by the Fire Code Official. For any structure or building with a clear height in excess of 12 feet, the sprinkler system shall be designed to provide a minimum of Ordinary Hazard Group II. For any structure or building with a clear height in excess of 12 feet, and with a primary use of storage or warehouse, the sprinkler system shall be designed to protect Class IV Commodities to the maximum storage height. Exception: If a commodity type and storage height can be determined, the sprinkler system shall be designed accordingly to the approved commodity class and storage height. All buildings 3 or more stories shall be provided with floor control valves. Section 903.3.1.1.1 is hereby amended to read as follows: 903.3.1.1.1 Exempt locations. When approved by the Fire Code Official, automatic sprinklers shall not be required in the following rooms or areas where such . . . {bulk of section unchanged} . . . because it is damp, of fire-resistance-rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the code official. 3. Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire- resistance rating of not less than 2 hours. 4. Elevator machine rooms, machinery spaces and hoist-ways, other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances. Section 903.3.1.2.3 is hereby added to read as follows: Item 12 Ordinance No. 18-__, Page 33 Section 903.3.1.2.3 Attics, Open Breezeways, and Attached Garages. Sprinkler protection is required in attic spaces of such buildings two or more stories in height, open breezeways, and attached garages. Sections 903.3.1.3 is hereby amended to read as follows: 903.3.1.3 NFPA 13D Sprinkler systems. Where allowed, automatic sprinkler systems installed in two-family dwellings and townhouses shall be installed throughout in accordance with NFPA 13D or in accordance with state law. Section 903.3.1.4 is hereby added to read as follows: 903.3.1.4 Freeze protection. Freeze protection systems for automatic fire sprinkler systems shall be in accordance with the requirements of the applicable referenced NFPA standard and this section. 903.3.1.4.1 Attics. Only dry-pipe, pre-action, or listed antifreeze automatic fire sprinkler systems shall be allowed to protect attic spaces. Exception: Wet-pipe fire sprinkler systems shall be allowed to protect non-ventilated attic spaces where: 1. The attic sprinklers are supplied by a separate floor control valve assembly to allow ease of draining the attic system without impairing sprinklers throughout the rest of the building, and 2. Adequate heat shall be provided for freeze protection as per the applicable referenced NFPA standard, and 3. The attic space is a part of the building’s thermal, or heat, envelope, such that insulation is provided at the roof deck, rather than at the ceiling level. 903.3.1.4.2 Heat trace/insulation. Heat trace/insulation shall only be allowed where approved by the Fire Code Official for small sections of large diameter water-filled pipe. Section 903.3.5 is hereby amended to add a second paragraph immediately following the current paragraph to read as follows: Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every fire protection system shall be designed with a 10 psi safety factor. Reference Section 507.4 for additional design requirements. Section 903.4 is hereby amended to add a second paragraph immediately after the existing paragraph to read as follows: {Existing text to remain unchanged.} Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. Section 903.4.2 is hereby amended to add a second paragraph immediately following the current paragraph to read as follows: The alarm device required on the exterior of the building shall be a weatherproof horn/strobe Item 12 Ordinance No. 18-__, Page 34 notification appliance with a minimum 75 candela strobe rating, installed as close as practicable to the fire department connection. Section 903.7 is hereby added to read as follows: Section 903.7 Automatic Sprinkler System Room Access. Sprinkler system risers providing protection for buildings with single tenant and multiple tenant spaces and/or occupancies shall be provided with a ground floor room directly accessible from the exterior of the building. The door must be labeled as the “RISER ROOM”, or as required by Section 511. The minimum size of the room shall be 36 sq. ft., with the minimum dimension being 6 ft. When approved by the Fire Code Official, smaller rooms may be permitted. Section 905.2 is hereby amended to read as follows: 905.2 Installation standard. Standpipe systems shall be installed in accordance with this section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low alarm. Sections 905.3.9 and 905.3.9.1 are hereby added to read as follows: 905.3.9. Building Area. In buildings exceeding 10,000 square feet in area per story, Class I automatic wet or manual wet standpipes shall be provided where any portion of the building’s interior area is more than 200 feet (60,960 mm) of travel, vertically and horizontally, from the nearest point of fire department vehicle access. Exception: 1. Automatic dry and semi-automatic dry standpipes are allowed as provided for in NFPA 14. 2. R-2 occupancies of four stories or less in height having no interior corridors. 905.3.9.1 Class I standpipes shall be required in all occupancies in which the distance from a single accessible point for Fire Department ingress to any area within the structure exceeds two hundred fifty feet (250’) along the route a fire hose is laid as measured from the fire lane as a single route. Section 905.4, Item 1, is hereby amended to read as follows: 1. In every required exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at an intermediate landing between stories, unless otherwise approved by the Fire Code Official. Section 905.4, Item 3, is hereby amended to read as follows: 3. In every exit passageway, at the entrance from the exit passageway to other areas of a building. Exception: Where floor areas adjacent to an exit passageway are reachable from an exit stairway hose connection by a {No change to rest.} Section 905.4, Item 5, is hereby amended to read as follows: 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3 percent slope), each standpipe shall be provided with a two-way hose connection located to serve the Item 12 Ordinance No. 18-__, Page 35 roof or at the highest landing of a stairway with stair access to the roof provided in accordance with Section 1011.12. An additional hose connection shall be provided at the top of the most hydraulically remote standpipe for testing purposes. Section 905.4 is hereby amended to add a new item 7 to read as follows: 7. When required by this Chapter, standpipe connections shall be placed adjacent to all required exits to the structure and at two hundred-foot (200’) intervals along major corridors thereafter, or as otherwise approved by the Fire Code Official. Section 905.9 is hereby amended to add a second controlling paragraph after the Exceptions to the existing paragraph to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. Section 907.1.4 is hereby added to read as follows: 907.1.4. Design Standards. All alarm systems new or replacement shall be addressable. Alarm systems serving more than 20 smoke detectors shall be digital and/or analog addressable. Riser rooms shall be equipped with an annunciator panel. Exception: Existing systems need not comply unless the total building remodel or expansion initiated after the effective date of this code, as adopted, exceeds 30% of the building. When cumulative building remodel or expansion exceeds 50% of the building, must comply within 18 months of permit application. This exception does not prohibit the need for new fire alarm devices on an existing system to be addressable. Section 907.2.1 is hereby amended to read as follows: Group A. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.6 shall be installed in Group “A” occupancies having an occupant load of 300 or more persons or more than 100 persons above or below the lowest level of exit discharge. Portions of Group “E” occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for the Group E occupancy. Exception: {No change to first sentence.} Activation of fire alarm notification appliances shall: 1. Cause illumination of the means of egress with light of not less than 1 foot-candle (11 lux) at the walking surface level, and 2. Stop any conflicting or confusing sounds and visual distractions. Section 907.2.3 is hereby amended to read as follows: Group E. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5.2.2 and installed in accordance with 907.6 shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. All Item 12 Ordinance No. 18-__, Page 36 buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems. Exceptions: A manual fire alarm system is not required in Group E educational and day care occupancies with an occupant load of less than 50 when provided with an approved automatic sprinkler system. 1. A manual fire alarm system is not required in Group E educational and day care occupancies with an occupant load of less than 50 when provided with an approved automatic sprinkler system. 1.1 Residential In-Home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms. (For care of more than five children 2 1/2 or less years of age, see Section 907.2.6.) {No change to remainder of exceptions.} Section 907.2.13, Exception 3 is hereby amended to read as follows: 3. Open air portions of buildings with an occupancy in Group A-5 in accordance with Section 303.1 of the International Building Code; however, this exception does not apply to accessory uses including but not limited to sky boxes, restaurants and similarly enclosed areas. Section 907.4.2.7 is hereby added to read as follows: Section 907.4.2.7 Type. Manual alarm initiating devices shall be an approved double action type. 907.5.3 is hereby added to read as follows: Occupant notification in accordance with this section and 907.5 shall be required for all new construction, or existing construction complying with the International Building Code, for renovations to existing buildings, tenant spaces, changes in occupancy, replacement or modification of the existing fire alarm system, or as required by the Fire Code Official, for all buildings or spaces provided with an approved automatic sprinkler system. Section 907.6.1.1 is hereby added to read as follows: 907.6.1.1 Wiring Installation. All fire alarm systems shall be installed in such a manner that a failure of any single initiating device or single open in an initiating circuit conductor will not interfere with the normal operation of other such devices. All signaling line circuits (SLC) shall be installed in such a way that a single open will not interfere with the operation of any addressable devices (Class A). Outgoing and return SLC conductors shall be installed in accordance with NFPA 72 requirements for Class A circuits and shall have a minimum of four feet separation horizontal and one foot vertical between supply and return circuit conductors. The initiating device circuit (IDC) from an addressable input (monitor) module may be wired Class B, provided the distance from the addressable module to the initiating device is ten feet or less. All fire alarm wire jacket shall be RED in color. A contrasting color stripe may be incorporated for circuit identification provided the base color of the fire alarm wire jacket is RED. 907.6.3 is hereby amended to delete all four Exceptions. Item 12 Ordinance No. 18-__, Page 37 907.6.3.2 is hereby added to read as follows: 907.6.3.2 Communication requirements. All alarm systems, new or replacement, shall transmit alarm, supervisory and trouble signals descriptively to the approved central station, remote supervisory station or proprietary supervising station as defined in NFPA 72, with the correct device designation and location of addressable device identification. Alarms shall not be permitted to be transmitted as a General Alarm or Zone condition. 907.6.6 is hereby amended to add a sentence to the end of current Section 907.6.6 to read as follows: See 907.6.3 for the required information transmitted to the supervising station. 907.6.7 is hereby added to read as follows: 907.6.7 Waterflow Notification. When required by Section 903.4.2, an exterior audible and visible notification device shall be provided on the exterior of the building and shall be located above the Fire Department Connection. The notification device shall operate on a waterflow alarm only, shall be non-silenceable and shall continue to operate after the panel is silenced on the condition the alarm was a waterflow alarm only. The notification device shall be wired from the fire alarm control panel as a dedicated latching circuit. Minimum candela rating for the notification device shall be 75 (cd) candela. Section 907.10 shall be added to read as follows: 907.10. Fire extinguishing systems. Automatic fire-extinguishing systems shall be connected to the building fire alarm system where a fire alarm system is required by another section of this code or is otherwise installed. Section 909.22 is hereby added to read as follows: 909.22 Stairway or Ramp Pressurization Alternative. Where the building is equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 and the stair pressurization alternative is chosen for compliance with Building Code requirements for a smoke- proof enclosure, interior exit stairways or ramps shall be pressurized to a minimum of 0.10 inches of water (25 Pa) and a maximum of 0.35 inches of water (87 Pa) in the shaft relative to the building measured with all interior exit stairway and ramp doors closed under maximum anticipated conditions of stack effect and wind effect. Such systems shall comply with Section 909, including the installation of a separate fire-fighter’s smoke control panel as per Section 909.16, and a Smoke Control Permit shall be required from the fire department as per Section 105.7. 909.22.1 Ventilating equipment. The activation of ventilating equipment for the stair or ramp pressurization system shall be by smoke detectors installed at each floor level at an approved location at the entrance to the smoke-proof enclosure. When the closing device for the stairway or ramp shaft and vestibule doors is activated by smoke detection or power failure, the mechanical equipment shall activate and operate at the required performance levels. Smoke detectors shall be installed in accordance with Section 907.3. 909.22.1.1 Ventilation Systems. Smoke-proof enclosure ventilation systems shall be independent of other building ventilation systems. The equipment, control wiring, power wiring and ductwork shall comply with one of the following: Item 12 Ordinance No. 18-__, Page 38 1. Equipment, control wiring, power wiring and ductwork shall be located exterior to the building and directly connected to the smoke-proof enclosure or connected to the smoke-proof enclosure by ductwork enclosed by not less than 2-hour fire barriers constructed in accordance with Section 707 of the Building Code or horizontal assemblies constructed in accordance with Section 711 of the Building Code, or both. 2. Equipment, control wiring, power wiring and ductwork shall be located within the smoke-proof enclosure with intake or exhaust directly from and to the outside or through ductwork enclosed by not less than 2-hour barriers constructed in accordance with Section 707 of the Building Code or horizontal assemblies constructed in accordance with Section 711 of the Building Code, or both. 3. Equipment, control wiring, power wiring and ductwork shall be located within the building if separated from the remainder of the building, including other mechanical equipment, by not less than 2-hour fire barriers constructed in accordance with Section 707 of the Building Code or horizontal assemblies constructed in accordance with Section 711 of the Building Code, or both. Exceptions: 1. Control wiring and power wiring utilizing a 2- hour rated cable or cable system. 2. Where encased with not less than 2 inches (51 mm) of concrete. 3. Control wiring and power wiring protected by a listed electrical circuit protective system with a fire-resistance rating of not less than 2 hours. 909.22.1.2 Standby Power. Mechanical vestibule and stairway and ramp shaft ventilation systems and automatic fire detection systems shall be provided with standby power in accordance with Section 2702 of the Building Code. 909.22.1.3 Acceptance and Testing. Before the mechanical equipment is approved, the system shall be tested in the presence of the Fire Code Official to confirm that the system is operating in compliance with these requirements. Section 910.2, Exceptions 2 and 3, are hereby amended to read as follows: 2. Only manual smoke and heat removal shall be required in areas of buildings equipped with early suppression fast-response (ESFR) sprinklers. Automatic smoke and heat removal is prohibited. 3. Only manual smoke and heat removal shall be required in areas of buildings equipped with control mode special application sprinklers with a response time index of 50(m*S)1/2 or less that are listed to control a fire in stored commodities with 12 or fewer sprinklers. Automatic smoke and heat removal is prohibited. Section 910.2.3 is hereby added to read as follows: 910.2.3 Group H. Buildings and portions thereof used as a Group H occupancy as follows: 1. In occupancies classified as Group H-2 or H-3, any of which are more than 15,000 square feet (1,394 m2) in single floor area. Exception: Buildings of noncombustible construction containing only noncombustible materials. 2. In areas of buildings in Group H used for storing Class 2, 3 and 4 liquid and solid oxidizers, Item 12 Ordinance No. 18-__, Page 39 Class 1 and unclassified detonable organic peroxides, Class 3 and 4 unstable (reactive) materials, or Class 2 or 3 water-reactive materials as required for a high-hazard commodity classification. Exception: Buildings of noncombustible construction containing only noncombustible materials. Section 910.2.4 is hereby added to read as follows: 910.2.4 Exit access travel distance increase. Buildings and portions thereof used as a Group F-1 or S-1 occupancy where the maximum exit access travel distance is increased in accordance with Section 1016.3. Table 910.3 is hereby amended to read as follows: Change the title of the first row of the table from “Group F-1 and S- 1” to include “Group H,” to now read as follows: “Group H, F-1, and S-1”. Section 910.3.2.2 is hereby amended by adding a second paragraph to read as follows: The automatic operating mechanism of the smoke and heat vents shall operate at a temperature rating at least 100 degrees F° (38 degrees C°) greater than the temperature rating of the sprinklers installed. Section 910.3.4 is hereby added to read as follows: 910.3.4 Vent Operation. Smoke and heat vents shall be capable of being operated by approved automatic and manual means. Automatic operation of smoke and heat vents shall conform to the provisions of Sections 910.3.2.1 through 910.3.2.3. 910.3.4.1 Sprinklered buildings. Where installed in buildings equipped with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically. The automatic operating mechanism of the smoke and heat vents shall operate at a temperature rating at least 100 degrees F (approximately 38 degrees Celsius) greater than the temperature rating of the sprinklers installed. Exception: Manual only systems per Section 910.2. 910.3.4.1 Non-sprinklered Buildings. Where installed in buildings not equipped with an approved automatic sprinkler system, smoke and heat vents shall operate automatically by actuation of a heat-responsive device rated at between 100°F (56°C) and 220°F (122°C) above ambient. Exception: Listed gravity-operated drop out vents. Section 910.4.3.1 is hereby amended to read as follows: 910.4.3.1 Makeup Air. Makeup air openings shall be provided within 6 feet (1829 mm) of the floor level. Operation of makeup air openings shall be automatic. The minimum gross area of makeup air inlets shall be 8 square feet per 1,000 cubic feet per minute (0.74 m2 per 0.4719 m3/s) of smoke exhaust Section 910.4.4 is hereby amended to read as follows: Item 12 Ordinance No. 18-__, Page 40 910.4.4 Activation. The mechanical smoke removal system shall be activated automatically by the automatic sprinkler system or by an approved fire detection system. Individual manual controls shall also be provided as approved by the AHJ. Exception: Manual only systems per Section 910.2. Section 912.2.1 is hereby amended to add the following text to the end of the current text: 912.2.1 Visible location. Where an approved fire lane is provided on site in order to provide fire department vehicle access to a building or structure, the fire department connection shall be located such that it is adjacent thereto and faces the fire lane. Section 912.2.3 is hereby added to read as follows: Section 912.2.3 Hydrant distance. An approved fire hydrant shall be located adjacent to the fire department connection (FDC), unless approved by the Fire Code Official to be located within 50 feet (50’) as the hose lays. Section 912.2.4 is hereby added to read as follows: Section 912.2.4 High Rise Buildings. A second redundant FDC shall be provided for all high rise buildings, unless approved by the Fire Code Official. Section 912.4 is hereby amended to add the following text to the end of the current text: Section 912.4 Access. A minimum clear and unobstructed pathway of 10 feet shall be provided to access the fire department connection. Section 912.5 is hereby amended to read as follows: 912.5 Signs. Signs in accordance with Section 511 shall be mounted on all fire department connections serving automatic sprinklers, standpipes or fire pump connections. Where the fire department connection does not serve the entire building, a sign shall be provided indicating the portions of the building served. Section 913.1 is hereby amended by adding a second paragraph to read as follows: When located on the ground level at an exterior wall, the fire pump room shall be provided with an exterior fire department access door that is not less than 3 feet (3’) in width and six feet eight inches (6’ 8”) in height, regardless of any interior doors that are provided. A key box shall be provided at this door, as required by Section 506.1. Exception: When it is necessary to locate the fire pump room on other levels or not at an exterior wall, the corridor leading to the fire pump room access from the exterior of the building shall be provided with equivalent fire resistance as that required for the pump room, or as approved by the Fire Code Official. Access keys shall be provided in the key box as required by Section 506.1. Section 914.3.1.2 is hereby amended to read as follows: 914.3.1.2 Water Supply to required Fire Pumps. In buildings that are more than 120 feet (128 m) in building height, required fire pumps shall be supplied by connections to no fewer than two Item 12 Ordinance No. 18-__, Page 41 water mains located in different streets. Separate supply piping shall be provided between each connection to the water main and the pumps. Each connection and the supply piping between the connection and the pumps shall be sized to supply the flow and pressure required for the pumps to operate. Exception: {No change to exception.} Section 1006.2.2.6 is hereby added to read as follows: 1006.2.2.6 Electrical Rooms. For electrical rooms, special exiting requirements may apply. Reference the electrical code as adopted. Section 1009.1 is hereby amended to add a 4th Exception to read as follows: 4. Buildings regulated under State Law and built in accordance with State registered plans, including any variances or waivers granted by the State, shall be deemed to be in compliance with the requirements of Section 1009. Section 1010.1.9.4, Exceptions 3 and 4 are hereby amended to insert a sentence at the beginning of each such Exception to read as follows: Exceptions: 3. Where a pair of doors serves an occupant load of less than 50 persons in a Group B, F, M or S occupancy. {Remainder unchanged} 4. Where a pair of doors serves a Group A, B, F, M or S occupancy {Remainder unchanged} Section 1010.1.9.8 is hereby amended to add Paragraphs 7 and 8 to the end of the current text: 7. Doors shall be equipped with panic and fire exit hardware controlling a manual switch under the bar that will unlock the door. All wiring and circuitry to the switch and power unit shall will be fail-safe. 8. If a full building smoke detection system is not provided, approved smoke detectors shall be provided on both the access and egress sides of doors and in a location approved by the authority having jurisdiction of NFPA 72. Actuation of a smoke detector shall automatically unlock the door. Section 1010.1.9.8 is hereby amended to add the following additional criteria to read as follows: 7. In Group E Occupancies where ingress is available by keys and/or access card located in a Knox Box mounted at the main entrance to the building, the activation of the fire alarm system shall unlock the egress portion or capability of all doors while the ingress function may remain secured. Section 1010.1.9.9, Paragraph 5 is hereby amended to read as follows: 5. Panic or fire exit hardware shall be required and operation of the panic or fire exit hardware shall release the electromagnetic lock. Section 1015.8 Window Openings, Paragraph Number 1 is hereby amended to read as follows: Item 12 Ordinance No. 18-__, Page 42 1. Operable windows where the top of the sill of the opening is located more than 55 (16,764 mm) above the finished grade or other surface below and that are provided with window fall prevention devices that comply with ASTM F 2006. Section 1015.9 shall be added to read as follows: 1015.9 Electrical Rooms. For electrical rooms, special exiting requirements may apply. Reference the electrical code as adopted. Section 1017.2.2 shall be added to read as follows: 1017.2.2 Group F-1 and S-1 increase. The maximum exit access travel distance shall be 400 feet (122 m) in Group F-1 or S-1 occupancies where all of the following are met: 1. The portion of the building classified as Group F-1 or S-1 is limited to one story in height; 2. The minimum height from the finished floor to the bottom of the ceiling or roof slab or deck is 24 feet (7315 mm); and 3. The building is equipped throughout with an automatic fire sprinkler system in accordance with Section 903.3.1.1. Section 1020.1 is hereby amended by adding Exception 6 to read as follows: 6. In group B occupancies, corridor walls and ceilings need not be of fire-resistive construction within a single tenant space when the space is equipped with approved automatic smoke- detection within the corridor. The actuation of any detector shall activate self-annunciating alarms audible in all areas within the corridor. Smoke detectors shall be connected to an approved automatic fire alarm system where such system is provided. Section 1029.1.1.1, is hereby delete in its entirety. Section 1030.1 shall be amended to read as follows: 1030.1 General. In addition to the means of egress required by this chapter, provisions shall be made for emergency escape and rescue openings in Group R and I-1. {Remainder unchanged} Section 1031.2 is hereby amended to read as follows: 1031.2 Reliability. Required exit accesses, exits or exit discharges shall be continuously maintained free from obstructions or impediments to full instant use in the case of fire or other emergency. An exit or exit passageway shall not be used for any purpose that interferes with a means of egress. Security devices affecting means of egress shall be subject to approval of the Fire Code Official. Section 1103.2 is hereby amended to read as follows: Existing buildings that do not have approved radio coverage for emergency responders within the building, based on the existing coverage levels of the public safety communications system of the jurisdiction at the exterior and all portions of the interior of the building, shall be equipped with such coverage according to one of the following: {Conditions remain unchanged.} Item 12 Ordinance No. 18-__, Page 43 Section 1103.3 is hereby amended to add the following sentence immediately following the current text in that section: Provide emergency signage as required by Section 607.3. Section 1103.5.4 is hereby added to read as follows: 1103.5.4 Spray booths and rooms. Existing spray booths and spray rooms shall be protected by an approved automatic fire- extinguishing system in accordance with Section 2404. Sections 1103.7.8 and 1103.7.8.1 are hereby added to read as follows: 1103.7.8 Fire Alarm System Design Standards. Where an existing fire alarm system is upgraded or replaced, the devices shall be addressable. Fire alarm systems utilizing more than 20 smoke and/or heat detectors shall have analog initiating devices. Exception: Existing systems need not comply unless the total building, or fire alarm system, remodel or expansion exceeds 30% of the building. When cumulative building, or fire alarm system, remodel or expansion initiated after the date of original fire alarm panel installation exceeds 50% of the building, or fire alarm system, the fire alarm system must comply within 18 months of permit application. 1103.7.8.1 Communication requirements. Refer to Section 907.6.6 for applicable requirements. Section 2304.1 is hereby amended to read as follows: 2304.1 Supervision of Dispensing. The dispensing of fuel at motor fuel-dispensing facility shall be in accordance with the following: 1. Conducted by a qualified attendant; and/or, 2. Shall be under the supervision of a qualified attendant; and/or 3. Shall be an unattended self-service facility in accordance with Section 2304.3. Any time the qualified attendant of item 1 or 2 above is not present, such operations shall be considered as an unattended self-service facility and shall also comply with Section 2304.3. Section 2401.2 is hereby deleted in its entirety. Table 3206.2, footnote J is hereby amended to read as follows: Where storage areas are protected by either early suppression fast response (ESFR) sprinkler systems or control mode special application sprinklers with a response time index of 50 (m • s) 1/2 or less that are listed to control a fire in the stored commodities with 12 or fewer sprinklers, installed in accordance with NFPA 13, manual smoke and heat vents or manually activated engineered mechanical smoke exhaust systems shall be required within these areas. Section 3310.1 is hereby amended to add the following language at the end of the current text: {Current text remains unchanged.} When fire apparatus access roads are required to be installed for any structure or development, they shall be approved prior to the time of which construction has progressed beyond completion of the foundation of any structure. Item 12 Ordinance No. 18-__, Page 44 Section 5601.1.3 is hereby amended to read as follows: 5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited. Exceptions: 1. Only when approved for fireworks displays, storage and handling of fireworks as allowed in Section 5604 and 5608. 2. The use of fireworks for approved display as allowed in Section 5608. The presence or use of fireworks within the jurisdiction of the Town of Prosper in violation of this Ordinance is hereby declared to be a common and public nuisance. The restrictions of this section shall be applicable and in force throughout the territory of the Town of Prosper, Texas, and extending for a distance outside the City limits for a total of 5,000 feet (5,000'); provided that this section shall not be in effect within any portion of such 5,000 feet (5,000') area which is contained within the territory of any other municipal corporation. The owner, lessee or occupant of the property or structure where fireworks are being stored or used shall be deemed responsible for violating this section. Section 5601.7.1 shall be added to read as follows: 5601.7.1 Documentation. The Fire Chief or his designee may seize and destroy illegal fireworks prior to a court appearance and photographs of such seized and destroyed fireworks will provide sufficient evidence of a violation of Section 3301.1.3 for the municipal court. Section 5703.6 is hereby amended to read as follows: 5703.6 Piping systems. Piping systems, and their component parts, for flammable and combustible liquids shall be in accordance with Sections 5703.6.1 through 5703.6.11. An approved method of secondary containment shall be provided for underground tank and piping systems. Section 5704.2.9.5 is hereby amended to read as follows: 5704.2.9.5 Above-ground tanks inside of buildings. Above- ground tanks inside of buildings shall comply with Sections 5704.2.9.5.1 through 5704.2.9.5.3. Section 5704.2.9.5 is hereby amended by adding a new Section 5704.2.9.5.3 to read as follows: 5704.2.9.5.3 Combustible liquid storage tanks inside of buildings. The maximum aggregate allowable quantity limit shall be 3,000 gallons (11 356 L) of Class II or III combustible liquid for storage in protected aboveground tanks complying with Section 3404.2.9.7 when all of the following conditions are met: 1. The entire 3,000-gallon (11 356 L) quantity shall be stored in protected above-ground tanks; 2. The 3,000-gallon (11 356 L) capacity shall be permitted to be stored in a single tank or multiple smaller tanks; 3. The tanks shall be located in a room protected by an automatic sprinkler system complying with Section 903.3.1.1; and Item 12 Ordinance No. 18-__, Page 45 4. Tanks shall be connected to fuel-burning equipment, including generators, utilizing an approved closed piping system. The quantity of combustible liquid stored in tanks complying with this section shall not be counted towards the maximum allowable quantity set forth in Table 5003.1.1(1), and such tanks shall not be required to be located in a control area. Such tanks shall not be located more than two stories below grade. Section 5704.2.11.4 is hereby amended to read as follows: Section 5704.2.11.4 Leak prevention. Leak prevention for underground tanks shall comply with Sections 5704.2.11.4.1 through 5704.2.11.4.3. An approved method of secondary containment shall be provided for underground tank and piping systems. Section 5704.2.11.4.2 is hereby amended to read as follows: 5704.2.11.4.2 Leak detection. Underground storage tank systems shall be provided with an approved method of leak detection from any component of the system that is designed and installed in accordance with NFPA 30 and as specified in Section 5704.2.11.4.3. Section 5704.2.11.4.3 is hereby added to read as follows: 5704.2.11.4.3 Observation wells. Approved sampling tubes of a minimum 4 inches (4”) in diameter shall be installed in the backfill material of each underground flammable or combustible liquid storage tank. The tubes shall extend from a point 12 inches (12”) below the average grade of the excavation to ground level and shall be provided with suitable surface access caps. Each tank site shall provide a sampling sump at the corners of the excavation with a minimum of four (4) sumps. Sampling tubes shall be placed in the product line excavation within 10 feet (10’) of the tank excavation and one every 50 feet (50’) routed along product lines towards the dispensers, and a minimum of two (2) are required. Section 5706.5.4.5 is hereby amended to read as follows: 5706.5.4.5 Commercial, industrial, governmental or manufacturing. Dispensing of Class II and III motor vehicle fuel from tank vehicles into the fuel tanks of motor vehicles located at commercial, industrial, governmental or manufacturing establishments is allowed where permitted, provided such dispensing operations are conducted in accordance with Sections 5706.5.4.5.1 through 5706.5.4.5.3. 5706.5.4.5.1 Site requirements. 1. Dispensing may occur at sites that have been permitted to conduct mobile fueling. 2. A detailed site plan shall be submitted with each application for a permit. The site plan must indicate: a. all buildings, structures, and appurtenances on site and their use or function; b. all uses adjacent to the property lines of the site; c. the locations of all storm drain openings, adjacent waterways or wetlands; d. information regarding slope, natural drainage, curbing, impounding and how a spill will be retained upon the site property; and e. the scale of the site plan. Item 12 Ordinance No. 18-__, Page 46 3. The Fire Code Official is authorized to impose limits upon: the times and/or days during which mobile fueling operations are allowed to take place and specific locations on a site where fueling is permitted. 4. Mobile fueling operations shall be conducted in areas not generally accessible to the public. 5. Mobile fueling shall not take place within 15 feet (4.572 m) of buildings, property lines, or combustible storage. Refueling Operator Requirements 1. The owner of a mobile fueling operation shall provide to the jurisdiction a written response plan which demonstrates readiness to respond to a fuel spill, carry out appropriate mitigation measures, and to indicate its process to properly dispose of contaminated materials when circumstances require. 2. The tank vehicle shall comply with the requirements of NFPA 385 and Local, State and Federal requirements. The tank vehicle's specific functions shall include that of supplying fuel to motor vehicle fuel tanks. The vehicle and all its equipment shall be maintained in good repair. 3. Signs prohibiting smoking or open flames within 25 feet (7.62 m) of the tank vehicle or the point of fueling shall be prominently posted on 3 sides of the vehicle including the back and both sides. 4. A fire extinguisher with a minimum rating of 40: BC shall be provided on the vehicle with signage clearly indicating its location. 5. The dispensing nozzles and hoses shall be of an approved and listed type. 6. The dispensing hose shall not be extended from the reel more than 100 feet (30.48m) in length. 7. Absorbent materials, non-water absorbent pads, a 10 foot (3.048 m) long containment boom, an approved container with lid, and a non-metallic shovel shall be provided to mitigate a minimum 5-gallon fuel spill. 8. Tanker vehicles shall be equipped with a fuel limit switch such as a count-back switch, limiting the amount of a single fueling operation to a maximum of 500 gallons (1,893 L) between resetting of the limit switch. Exception: Tankers utilizing remote emergency shut-off device capability where the operator constantly carries the shut-off device which, when activated, immediately causes flow of fuel from the tanker to cease. 9. Persons responsible for dispensing operations shall be trained in the appropriate mitigating actions in the event of a fire, leak, or spill. Training records shall be maintained by the dispensing company and shall be made available to the Fire Code Official upon request. 10. Operators of tank vehicles used for mobile fueling operations shall have in their possession at all times an emergency communications device to notify the proper authorities in the event of an emergency. Item 12 Ordinance No. 18-__, Page 47 3406.5.4.5.3 Operational Requirements. 1. The tank vehicle dispensing equipment shall be constantly attended and operated only by designated personnel who are trained to handle and dispense motor fuels. 2. Prior to beginning dispensing operations, precautions shall be taken to assure ignition sources are not present. 3. The engines of vehicles being fueled shall be shut off during dispensing operations. 4. Night time fueling operations shall only take place in adequately lighted areas. 5. The tank vehicle shall be positioned with respect to vehicles being fueled so as to preclude traffic from driving over the delivery hose and between the tank vehicle and the motor vehicle being fueled. 6. During fueling operations, tank vehicle brakes shall be set, chock blocks shall be in place and warning lights shall be in operation. 7. Motor vehicle fuel tanks shall not be topped off. 8. The dispensing hose shall be properly placed on an approved reel or in an approved compartment prior to moving the tank vehicle. 9. The code official and other appropriate authorities shall be notified when a reportable spill or unauthorized discharge occurs. Section 6103.2.1.8. is hereby added to read as follows: 6103.2.1.8 Jewelry Repair, Dental Labs and Similar Occupancies. Where natural gas service is not available, portable LP-Gas containers are allowed to be used to supply approved torch assemblies or similar appliances. Such containers shall not exceed 20-pound (9.0 kg) water capacity. Aggregate capacity shall not exceed 60-pound (27.2 kg) water capacity. Each device shall be separated from other containers by a distance of not less than 20 feet (20’). Section 6104.2, Exception 2 is hereby added to read as follows: Exceptions: 1. {Current exception becomes Exception 1 unchanged.} 2. Except as permitted in Sections 308.3 and 6104.3.2, LP-gas containers are not permitted in residential areas. Section 6104.3.3 is hereby added to read as follows: 6104.3.3 Spas, pool heaters and other listed devices. Where natural gas service is not available, LP-Gas containers are allowed to be used to supply spa and pool heaters or other listed devices. Such containers shall not exceed 250-gallon water capacity. See Table 6104.3 for location of containers. Exception: Lots where LP-Gas can be off loaded wholly on the property where the tank is located may install 500 gallon aboveground or 1,000 gallon underground approved containers. Item 12 Ordinance No. 18-__, Page 48 Section 6107.4 is hereby amended to read as follows: 6107.4 Protecting Containers from Vehicles. Where exposed to vehicular damage due to proximity to alleys, driveways or parking areas, LP-gas containers, regulators and piping shall be protected in accordance with Section 312. Section 6109.13 is hereby amended to read as follows: 6109.13 Protection of Containers. LP-gas containers shall be stored within a suitable enclosure or otherwise protected against tampering. Vehicle impact protection shall be provided as required by Section 6107.4. Section B105.1, Exception shall be amended to read as follows: Exception: A reduction in required fire-flow of up to 50 percent (50%), as approved, is allowed when the building is equipped with an approved automatic sprinkler system. Section B105.2 is hereby amended by establishing an Exception to read as follows: Exception: A reduction in required fire-flow of up to 50 percent (50%), as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2. The resulting fire-flow shall not be less than 1,500 gallons per minute for the prescribed duration as specified in Table B105.1. Table B105.2 is hereby amended by amending Footnote “a.” to read as follows: a. The reduced fire-flow shall not be less than 1,500 gallons per minute. Section D104.2 is hereby amended by deleting the Exception in its entirety. Section J101.1 is hereby amended to read as follows: J101.1 Scope. New buildings shall have a building information sign(s), when required by the Fire Code Official that shall comply with Sections J101.1 through J101.7. Existing buildings shall be brought into compliance, when required by the Fire Code Official, with Sections J101.1 through J101.9 when one of the following occurs:” Section L101.2 is hereby added to read as follows: L101.2 required locations A FARS shall be provided in all new construction when one of the following conditions occur: 1. Any new building 5 or more stories in height. 2. Any building determined to be a high-rise. 3. Any new building with 2 or more stories below grade. 4. Any new building 500,000 square feet or more in size. Any new R-2 occupancy, or mixed-use occupancy, in which the total fire area exceeds 400,000 square feet and is 4 stories or more. Item 12 Ordinance No. 18-__, Page 49 SECTION 5 The North Central Texas Council of Governments Region recommended Amendments that are attached hereto as Attachment A and incorporated herein as set forth in this Ordinance are also on file in the office of the Town Secretary for permanent record and inspection. In the event of a conflict between the wording of any amendments to the International Fire Code, 2015 Edition, set out in this Ordinance and the amendments set out in the NCTCOG Amendments adopted by this Ordinance, the wording of the Amendments set out in this Ordinance shall control. SECTION 6 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 portion of conflicting ordinances shall remain in full force and effect. SECTION 7 Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. The Town of Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 8 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. 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. SECTION 9 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 13TH DAY OF NOVEMBER, 2018. APPROVED: _____________________________ Ray Smith, Mayor Item 12 Ordinance No. 18-__, Page 50 ATTEST: ___________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: __________________________________ Terrence S. Welch, Town Attorney Item 12 North Central Texas Council of Governments 1 As of August 2015 IFC Amendments Recommended Amendments to the 2015 International Fire Code North Central Texas Council of Governments Region The following sections, paragraphs, and sentences of the 2015 International Fire Code (IFC) are hereby amended as follows: Standard type is text from the IFC. Underlined type is text inserted. Lined through type is deleted text from IFC. A double asterisk (**) at the beginning of a section identifies an amendment carried over from the 2012 edition of the code and a triple asterisk (***) identifies a new or revised amendment with the 2015 code. Note: Historically, the North Central Texas Council of Governments (NCTCOG) has limited Chapter 1 amendments in order to allow each city to insert their local policies and procedures. We now have suggested certain items to be brought to the attention of cities considering adoption of the code that may be of concern to several jurisdictions. It is still intended to be discretionary to each city to determine which Chapter 1 amendments to include. Note that Appendices must be specifically adopted by Ordinance. See Sample Ordinance on Page xii of 2015 IFC. Also, note that several sections of the code, as indicated in the Sample Ordinance, require jurisdictional specificity as to dollar amounts, geographic limits, etc. Explanation of Options A and B: Please note that as there is a wide range in fire fighting philosophies/capabilities of cities across the region, OPTIONS “A” and “B” are provided in the Fire and Building Code amendments. Jurisdictions should choose one of these based on their fire-fighting philosophies/capabilities when adopting code amendments. **Section 102.1; change #3 to read as follows: 3. Existing structures, facilities, and conditions when required in Chapter 11 or in specific sections of this code. (Reason: To clarify that there are other provisions in the fire code applicable to existing buildings that are not located in Chapter 11, such as Section 505 Premises Identification.) **Section 105.3.3; change to read as follows: 105.3.3 Occupancy Prohibited before Approval. The building or structure shall not be occupied prior to the fire code official issuing a permit when required and conducting associated inspections indicating the applicable provisions of this code have been met. (Reason: For clarity to allow for better understanding in areas not requiring such permits, such as unincorporated areas of counties. This amendment may be struck by a city.) **Section 105.7; add Section 105.7.19 to read as follows: 105.7.19 Electronic access control systems. Construction permits are required for the installation or modification of an electronic access control system, as specified in Chapter 10. A separate construction permit is required for the installation or modification of a fire alarm system that may be connected to the access control system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. (Reason: Adds construction permit requirements for electronic access control systems affecting access and/or egress to ensure proper design and installation of such systems. These changes reflect local practices of municipalities in this region.) Item 12 North Central Texas Council of Governments 2 As of August 2015 IFC Amendments **Section 202; amend and add definitions to read as follows: ** [B] AMBULATORY CARE FACILITY. Buildings or portions thereof used to provide medical, surgical, psychiatric, nursing, or similar care on a less than 24-hour basis to persons who are rendered incapable of self-preservation by the services provided. This group may include but not be limited to the following: - Dialysis centers - Procedures involving sedation - Sedation dentistry - Surgery centers - Colonic centers - Psychiatric centers (Reason: to clarify the range of uses included in the definition) ** [B] ATRIUM. An opening connecting two three or more stories… {remaining text unchanged} (Reason: Accepted practice in the region based on legacy codes. IBC Section 1009 permits unenclosed two story stairways under certain circumstances.) *** [B] DEFEND IN PLACE. A method of emergency response that engages building components and trained staff to provide occupant safety during an emergency. Emergency response involves remaining in place, relocating within the building, or both, without evacuating the building. (Reason: Added from International Building Code (IBC) definitions for consistency in interpretation of the subject requirements pertaining to such occupancies.) **FIRE WATCH. A temporary measure intended to ensure continuous and systematic surveillance of a building or portion thereof by one or more qualified individuals or standby personnel when required by the fire code official, for the purposes of identifying and controlling fire hazards, detecting early signs of unwanted fire, raising an alarm of fire and notifying the fire department. (Reason: Clearly defines options to the fire department for providing a fire watch.) **FIREWORKS. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration, or detonation, and/or activated by ignition with a match or other heat producing device that meets the definition of 1.4G fireworks or 1.3G fireworks as set forth herein. … {remainder of text unchanged}… (Reason: Increased safety from fireworks related injuries.) **Option A HIGH-PILED COMBUSTIBLE STORAGE: add a second paragraph to read as follows: Any building classified as a group S Occupancy or Speculative Building exceeding 12,000 sq. ft. that has a clear height in excess of 14 feet, making it possible to be used for storage in excess of 12 feet, shall be considered to be high-piled storage. When a specific product cannot be identified, a fire protection system and life safety features shall be installed as for Class IV commodities, to the maximum pile height. Item 12 North Central Texas Council of Governments 3 As of August 2015 IFC Amendments **Option B HIGH-PILED COMBUSTIBLE STORAGE: add a second paragraph to read as follows: Any building classified as a group S Occupancy or Speculative Building exceeding 6,000 sq. ft. that has a clear height in excess of 14 feet, making it possible to be used for storage in excess of 12 feet, shall be considered to be high-piled storage. When a specific product cannot be identified, a fire protection system and life safety features shall be installed as for Class IV commodities, to the maximum pile height. (Reason: To provide protection for worst-case scenario in flexible or unknown situations.) **Option A HIGH-RISE BUILDING. {No Change Required} **Option B HIGH-RISE BUILDING. A building with an occupied floor located more than 75 55 feet (22 860 16 764 mm) above the lowest level of fire department vehicle access. (Reason: Allows for additional construction safety features to be provided, based on firefighting response capabilities.) **REPAIR GARAGE. A building, structure or portion thereof used for servicing or repairing motor vehicles. This occupancy shall also include garages involved in minor repair, modification and servicing of motor vehicles for items such as lube changes, inspections, windshield repair or replacement, shocks, minor part replacement, and other such minor repairs. (Reason: To further clarify types of service work allowed in a repair garage, as well as to correspond with definition in the IBC.) **SELF-SERVICE STORAGE FACILITY. Real property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis. (Reason: To provide a definition that does not exist in the code.) **STANDBY PERSONNEL. Qualified fire service personnel, approved by the Fire Chief. When utilized, the number required shall be as directed by the Fire Chief. Charges for utilization shall be as normally calculated by the jurisdiction. ***UPGRADED OR REPLACED FIRE ALARM SYSTEM. A fire alarm system that is upgraded or replaced includes, but is not limited to the following:  Replacing one single board or fire alarm control unit component with a newer model  Installing a new fire alarm control unit in addition to or in place of an existing one  Conversion from a horn system to an emergency voice/alarm communication system  Conversion from a conventional system to one that utilizes addressable or analog devices The following are not considered an upgrade or replacement:  Firmware updates  Software updates  Replacing boards of the same model with chips utilizing the same or newer firmware (Reason: This is referenced in several places, but the wording of “upgraded or replaced” is somewhat ambiguous and open to interpretation. Defining it here allows for consistent application across the region.) Item 12 North Central Texas Council of Governments 4 As of August 2015 IFC Amendments **Section 307.1.1; change to read as follows: 307.1.1 Prohibited Open Burning. Open burning shall be prohibited that is offensive or objectionable because of smoke emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. Exception: {No change.} (Reason: To further protect adjacent property owners/occupants from open burning and/or smoke emissions from open burning.) **Section 307.2; change to read as follows: 307.2 Permit Required. A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or open burning a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled. Examples of state or local law, or regulations referenced elsewhere in this section may include but not be limited to the following: 1. Texas Commission on Environmental Quality (TCEQ) guidelines and/or restrictions. 2. State, County, or Local temporary or permanent bans on open burning. 3. Local written policies as established by the fire code official. (Reason: Amendments to 307.2, 307.4, 307.4.3, and 307.5 better explain current requirements and recognize that jurisdictions have local established policies that best fit their environments.) **Section 307.3; change to read as follows: 307.3 Extinguishment Authority. When open burning creates or adds to a hazardous situation, or a required permit for open burning has not been obtained, the fire code official is authorized to order the extinguishment of the open burning operation. The fire code official is authorized to order the extinguishment by the permit holder, another person responsible or the fire department of open burning that creates or adds to a hazardous or objectionable situation. (Reason: Provides direction as to responsible parties relative to extinguishment of the subject open burning.) **Section 307.4; change to read as follows: 307.4 Location. The location for open burning shall not be less than 50 300 feet (15 240 91 440 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 50 300 feet (15 240 91 440 mm) of any structure. Exceptions: {No change.} (Reason: To increase the separation distance thereby increasing the safety to adjacent properties, as per applicable TCEQ rules and regulations regarding outdoor burning.) **Section 307.4.3, Exceptions: add exception #2 to read as follows: Exceptions: 2. Where buildings, balconies and decks are protected by an approved automatic sprinkler system. (Reason: To reflect similar allowances for open-flame cooking in these same locations.) Item 12 North Central Texas Council of Governments 5 As of August 2015 IFC Amendments **Section 307.4.4 and 5; add section 307.4.4 and 307.4.5 to read as follows: 307.4.4 Permanent Outdoor Firepit. Permanently installed outdoor firepits for recreational fire purposes shall not be installed within 10 feet of a structure or combustible material. Exception: Permanently installed outdoor fireplaces constructed in accordance with the International Building Code. 307.4.5 Trench Burns. Trench burns shall be conducted in air curtain trenches and in accordance with Section 307.2. (Reason: To provide a greater level of safety for this potentially hazardous fire exposure condition. Decrease in separation distance allowed for outdoor firepits due to permanent nature of construction having substantial securement.) **Section 307.5; change to read as follows: 307.5 Attendance. Open burning, trench burns, bonfires, recreational fires, and use of portable outdoor fireplaces shall be constantly attended until the… {Remainder of section unchanged} (Reason: Adds attendance for trench burns based on previous amendment provision for such.) **Section 308.1.4; change to read as follows: 308.1.4 Open-flame Cooking Devices. Charcoal burners and other oOpen-flame cooking devices, charcoal grills and other similar devices used for cooking shall not be operated located or used on combustible balconies, decks, or within 10 feet (3048 mm) of combustible construction. Exceptions: 1. One- and two-family dwellings, except that LP-gas containers are limited to a water capacity not greater than 50 pounds (22.68 kg) [nominal 20 pound (9.08 kg) LP-gas capacity] with an aggregate LP-gas capacity not to exceed 100 lbs (5 containers). 2. Where buildings, balconies and decks are protected by an approved automatic sprinkler system, except that LP-gas containers are limited to a water capacity not greater than 50 pounds (22.68 kg) [nominal 20 pound (9.08 kg) LP-gas capacity], with an aggregate LP-gas capacity not to exceed 40 lbs (2 containers). 3. {No change.} (Reason: Decrease fire risk in multi-family dwellings and minimizes ignition sources and clarify allowable limits for 1 & 2 family dwellings, and allow an expansion for sprinklered multi-family uses. This amendment adds clarification and defines the container size allowed for residences.) **Section 308.1.6.2, Exception #3; change to read as follows: Exceptions: 3. Torches or flame-producing devices in accordance with Section 308.4 308.1.3. (Reason: Section identified in published code is inappropriate.) ***Section 308.1.6.3; change to read as follows: 308.1.6.3 Sky Lanterns. A person shall not release or cause to be released an untethered unmanned free-floating devices containing an open flame or other heat source, such as but not limited to a sky lantern. Item 12 North Central Texas Council of Governments 6 As of August 2015 IFC Amendments (Reason: Eliminates the potential fire hazard presented by utilization of such devices and the potential accidental release of such devices.) **Section 311.5; change to read as follows: 311.5 Placards. Any The fire code official is authorized to require marking of any vacant or abandoned buildings or structures determined to be unsafe pursuant to Section 110 of this code relating to structural or interior hazards, shall be marked as required by Section 311.5.1 through 311.5.5. (Reason: There may be situations where placarding is not desired or necessary; also clarifies intent that it is not the fire code official’s responsibility to provide the placard.) ***{Note that prior amendment to Section 401.9 in the 2012 IFC recommended amendments has been relocated to Section 901.6.3 as a more appropriate location for the requirement.} ***Section 403.5; change Section 403.5 to read as follows: 403.5 Group E Occupancies. An approved fire safety and evacuation plan in accordance with Section 404 shall be prepared and maintained for Group E occupancies and for buildings containing both a Group E occupancy and an atrium. A diagram depicting two evacuation routes shall be posted in a conspicuous location in each classroom. Group E occupancies shall also comply with Sections 403.5.1 through 403.5.3. (Reason: The diagrams are intended to assist with egress in such occupancies – specifically, the primary teacher is not always present to assist children with egress. Also, such will help reinforce evacuation drill requirements.) ***Section 404.2.2; add Number 4.10 to read as follows: 4.10 Fire extinguishing system controls. (Reason: The committee believed this information could be of great help to such plans to facilitate locating sprinkler valves to minimize water damage, for instance.) ***Section 405.4; change Section 405.4 to read as follows: 405.4 Time. The fire code official may require an evacuation drill at any time. Drills shall be held at unexpected times and under varying conditions to simulate the unusual conditions that occur in case of fire. (Reason: This change clarifies who may require a fire or evacuation drill). **Section 501.4; change to read as follows: 501.4 Timing of Installation. When fire apparatus access roads or a water supply for fire protection is required to be installed for any structure or development, they shall be installed, tested, and approved prior to the time of which construction has progressed beyond completion of the foundation of any structure. , such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternative methods of protection are provided. Temporary street signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles in accordance with Section 505.2. (Reason: Reflects current practice in the region relative to ensuring fire department and EMS access during construction, which can be a time of increased frequency for emergency incidents.) Item 12 North Central Texas Council of Governments 7 As of August 2015 IFC Amendments **Section 503.1.1; add sentence to read as follows: Except for one- or two-family dwellings, the path of measurement shall be along a minimum of a ten feet (10’) wide unobstructed pathway around the external walls of the structure. (Reason: Recognizes that the hose lay provision can only be measured along a pathway that is wide enough for fire fighter access.) **Section 503.2.1; change to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 24 feet (6096 mm 7315 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm) 14 feet (4267 mm). Exception: Vertical clearance may be reduced; provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance when approved. (Reason: Amendments to 503.2.1 and 503.2.2 recognize that the equipment now used in firefighting is increasing in size. The code already recognizes that larger dimensions may be required under Section 503.2.2. The amendments are to standardize the dimensions for this area. With the increase in fire apparatus size, this will allow for the passage of two fire apparatus during a fire or EMS emergency.) **Section 503.2.2; change to read as follows: 503.2.2 Authority. The fire code official shall have the authority to require an increase in the minimum access widths and vertical clearances where they are inadequate for fire or rescue operations. (Reason: Amendments to 503.2.1 and 503.2.2 recognize that the equipment now used in firefighting is increasing in size. The code already recognizes that larger dimensions may be required under Section 503.2.2. The amendments are to standardize the dimensions for this area. With the increase in fire apparatus size, this will allow for the passage of two fire apparatus during a fire or EMS emergency.) ***Section 503.2.3; change Section 503.2.3 to read as follows: 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support imposed loads of 80,000 Lbs for fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. (Reason: To address the current size of fire trucks in use – figure derived from DOT requirements for waiver of vehicle exceeding such weight.) **Section 503.3; change to read as follows: 503.3 Marking. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING – FIRE LANE Striping, signs, or other markings, when approved by the fire code official, shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated Striping, signs and other markings shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. (1) Striping – Fire apparatus access roads shall be continuously marked by painted lines of red traffic paint six inches (6”) in width to show the boundaries of the lane. The words “NO PARKING FIRE LANE” or "FIRE LANE NO PARKING” shall appear in four inch (4”) white letters at 25 feet intervals on the red border markings along both sides of the fire lanes. Where a curb is available, the striping Item 12 North Central Texas Council of Governments 8 As of August 2015 IFC Amendments shall be on the vertical face of the curb. (2) Signs – Signs shall read “NO PARKING FIRE LANE” or "FIRE LANE NO PARKING” and shall be 12” wide and 18” high. Signs shall be painted on a white background with letters and borders in red, using not less than 2” lettering. Signs shall be permanently affixed to a stationary post and the bottom of the sign shall be six feet, six inches (6’6”) above finished grade. Signs shall be spaced not more than fifty feet (50’) apart along both sides of the fire lane. Signs may be installed on permanent buildings or walls or as approved by the Fire Chief. (Reason: Establishes a standard method of marking and reflects local long-standing practices.) **Section 503.4; change to read as follows: 503.4 Obstruction of Fire Apparatus Access Roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 and any area marked as a fire lane as described in Section 503.3 shall be maintained at all times. (Reason: As originally worded, the section implied that vehicles could be parked in the marked fire lane and not be in violation if the minimum width is still maintained. Current accepted enforcement practice is to require the entire marked fire lane to be maintained clear and unobstructed.) **Section 505.1; change to read as follows: 505.1 Address Identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address num bers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) 6 inches (152.4 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road, buildings do not immediately front a street, and/or the building cannot be viewed from the public way, a monument, pole or other sign with approved 6 inch (152.4 mm) height building numerals or addresses and 4 inch (101.6 mm) height suite/apartment numerals of a color contrasting with the background of the building or other approved means shall be used to identify the structure. Numerals or addresses shall be posted on a minimum 20 inch (508 mm) by 30 inch (762 mm) background on border. Address identification shall be maintained. Exception: R-3 Single Family occupancies shall have approved numerals of a minimum 3 ½ inches (88.9 mm) in height and a color contrasting with the background clearly visible and legible from the street fronting the property and rear alleyway where such alleyway exists. (Reason: To increase the minimum addressing requirements for commercial properties and establish a minimum for single-family residential properties Such improves legibility of these signs which are critical to emergency response in a more timely manner.) **Section 507.4; change to read as follows: 507.4 Water Supply Test Date and Information. The water supply test used for hydraulic calculation of fire protection systems shall be conducted in accordance with NFPA 291 “Recommended Practice for Fire Flow Testing and Marking of Hydrants” and within one year of sprinkler plan submittal. The fire code official shall be notified prior to the water supply test. Water supply tests shall be witnessed by the fire code official, as required or approved documentation of the test shall be provided to the fire code official prior to final approval of the water supply system . The exact location of the static/residual hydrant and the flow hydrant shall be indicated on the design drawings. All fire protection plan submittals shall be accompanied by a hard copy of the waterflow test report, or as approved by the fire code official. The Item 12 North Central Texas Council of Governments 9 As of August 2015 IFC Amendments report must indicate the dominant water tank level at the time of the test and the maximum and minimum operating levels of the tank, as well, or identify applicable water supply fluctuation. The licensed contractor must then design the fire protection system based on this fluctuation information, as per the applicable referenced NFPA standard. Reference Section 903.3.5 for additional design requirements. (Reason: Clarifies intent of the test to ensure contractor accounts for water supply fluctuations.) **Section 507.5.4; change to read as follows: 507.5.4 Obstruction. Unobstructed access to fire hydrants shall be maintained at all times. Posts, fences, vehicles, growth, trash, storage and other materials or objects shall not be placed or kept near fire hydrants, fire department inlet connections or fire protection system control valves in a manner that would prevent such equipment or fire hydrants from being immediately discernible. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants. (Reason: Maintains wording from 2006 Code to ensure these critical devices are available in an emergency incident.) **Section 509.1.2; add new Section 509.1.2 to read as follows: 509.1.2 Sign Requirements. Unless more stringent requirements apply, lettering for signs required by this section shall have a minimum height of 2 inches (50.8 mm) when located inside a building and 4 inches (101.6 mm) when located outside, or as approved by the fire code official. The letters shall be of a color that contrasts with the background. (Reason: Provides direction as to appropriate sign criteria to develop consistency in this regard.) **Section 603.3.2.1, Exception; change exception to read as follows: Exception: The aggregate capacity limit shall be permitted to be increased to 3,000 gallons (11,356 L) in accordance with all requirements of Chapter 57. of Class II or III liquid for storage in protected above- ground tanks... {Delete remainder of Exception} (Reason: Change to Section 5704.2.9.5 is included in this amendment package.) **Section 603.3.2.2; change to read as follows: 603.3.2.2 Restricted Use and Connection. Tanks installed in accordance with Section 603.3.2 shall be used only to supply fuel oil to fuel-burning or generator equipment installed in accordance with Section 603.3.2.4. Connections between tanks and equipment supplied by such tanks shall be made using closed piping systems. (Reason: Relocate the exception to Chapter 57 for applicability to generator sets, due to contradictory charging statement in 603.1 to not apply to internal combustion engines. Further, such large quantities of combustible liquid are more thoroughly addressed in Chapter 57 relative to such tanks.) ***Section 604; change and add to read as follows: 604.1.1 Stationary Generators. Stationary emergency and standby power generators required by this code shall be listed in accordance with UL 2200. 604.1.2 Installation. Emergency power systems and standby power systems shall be installed in accordance with the International Building Code, NFPA 70, NFPA 110 and NFPA 111. Existing installations shall be maintained in accordance with the original approval, except as specified in Chapter 11. 604.1.3 through 604.1.8 {No changes to these sections.} 604.1.9 Critical Operations Power Systems (COPS). For Critical Operations Power Systems necessary to maintain continuous power supply to facilities or parts of facilities that require continuous Item 12 North Central Texas Council of Governments 10 As of August 2015 IFC Amendments operation for the reasons of public safety, emergency management, national security, or business continuity, see NFPA 70. 604.2 Where Required. Emergency and standby power systems shall be provided where required by Sections 604.2.1 through 604.2.16 604.2.24 or elsewhere identified in this code or any other referenced code. 604.2.1 through 604.2.3 {No change.} 604.2.4 Group A occupancies. Emergency Voice/alarm Communications Systems. Emergency power shall be provided for emergency voice/alarm communications systems in the following occupancies, or as specified elsewhere in this code, as required in Section 907.5.2.2.5. The system shall be capable of powering the required load for a duration of not less than 24 hours, as required in NFPA 72. Covered and Open Malls, Section 907.2.20 and 914.2.3 Group A Occupancies, Sections 907.2.1 and 907.5.2.2.4. Special Amusement Buildings, Section 907.2.12.3 High-rise Buildings, Section 907.2.13 Atriums, Section 907.2.14 Deep Underground Buildings, Section 907.2.19 604.2.5 through 604.2.11 {No change.} 604.2.12 Means of Egress Illumination. Emergency power shall be provided for means of egress illumination in accordance with Sections 1008.3 and 1104.5.1. (90 minutes) 604.2.13 Membrane Structures. Emergency power shall be provided for exit signs in temporary tents and membrane structures in accordance with Section 3103.12.6.1. (90 minutes) Standby power shall be provided for auxiliary inflation systems in permanent membrane structures in accordance with Section 2702 of the International Building Code. (4 hours) Auxiliary inflation systems shall be provided in temporary air-supported and air-inflated membrane structures in accordance with section 3103.10.4. 604.2.14 {No change.} 604.2.15 Smoke Control Systems. Standby power shall be provided for smoke control systems in the following occupancies, or as specified elsewhere in this code, as required in Section 909.11: Covered Mall Building, International Building Code, Section 402.7 Atriums, International Building Code, Section 404.7 Underground Buildings, International Building Code, Section 405.8 Group I-3, International Building Code, Section 408.4.2 Stages, International Building Code, Section 410.3.7.2 Special Amusement Buildings (as applicable to Group A’s), International Building Code, Section 411.1 Smoke Protected Seating, Section 1029.6.2.1 604.2.17 Covered and Open Mall Buildings. Emergency power shall be provided in accordance with Section 907.2.20 and 914.2.3. 604.2.18 Airport Traffic Control Towers. A standby power system shall be provided in airport traffic control towers more than 65 ft. in height. Power shall be provided to the following equipment: 1. Pressurization equipment, mechanical equipment and lighting. 2. Elevator operating equipment. 3. Fire alarm and smoke detection systems. 604.2.19 Smokeproof Enclosures and Stair Pressurization Alternative. Standby power shall be provided for smokeproof enclosures, stair pressurization alternative and associated automatic fire detection systems as required by the International Building Code, Section 909.20.6.2. 604.2.20 Elevator Pressurization. Standby power shall be provided for elevator pressurization system as required by the International Building Code, Section 909.21.5. 604.2.21 Elimination of Smoke Dampers in Shaft Penetrations. Standby power shall be provided when eliminating the smoke dampers in ducts penetrating shafts in accordance with the International Building Code, Section 717.5.3, exception 2.3. 604.2.22 Common Exhaust Systems for Clothes Dryers. Standby power shall be provided for common exhaust systems for clothes dryers located in multistory structures in accordance with the International Mechanical Code, Section 504.10, Item 7. 604.2.23 Hydrogen Cutoff Rooms. Standby power shall be provided for mechanical ventilation and gas detection systems of Hydrogen Cutoff Rooms in accordance with the International Building Code, Section 421.8. Item 12 North Central Texas Council of Governments 11 As of August 2015 IFC Amendments 604.2.24 Means of Egress Illumination in Existing Buildings. Emergency power shall be provided for means of egress illumination in accordance with Section 1104.5 when required by the fire code official. (90 minutes in I-2, 60 minutes elsewhere.) 604.3 through 604.7 {No change.} 604.8 Energy Time Duration. Unless a time limit is specified by the fire code official, in this chapter or elsewhere in this code, or in any other referenced code or standard, the emergency and standby power system shall be supplied with enough fuel or energy storage capacity for not less than 2-hour full-demand operation of the system. Exception: Where the system is supplied with natural gas from a utility provider and is approved. (Reason: These provisions provide a list to complete and match that throughout the codes. The only new items are the reference to COPS in NFPA 70, and the specified Energy time duration. Other changes are a reference to a code provision that already exists.) ***Section 609.2; change to read as follows: 609.2 Where Required. A Type I hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors, including but not limited to cooking equipment used in fixed, mobile, or temporary concessions, such as trucks, buses, trailers, pavilions, or any form of roofed enclosure, as required by the fire code official. Exceptions: 1. Tents, as provided for in Chapter 31. 2. {No change to existing Exception.} Additionally, fuel gas and power provided for such cooking appliances shall be interlocked with the extinguishing system, as required by Section 904.12.2. Fuel gas containers and piping/hose shall be properly maintained in good working order and in accordance with all applicable regulations. (Reason: To require fire protection and prevention for mobile food trucks and other mobile commercial cooking operations for the protection of occupants and first responders, including the fuel gas utilized for the cooking operation.) **Section 704.1; change to read as follows: 704.1 Enclosure. Interior vertical shafts including, but not limited to, stairways, elevator hoistways, service and utility shafts, that connect two or more stories of a building shall be enclosed or protected in accordance with the codes in effect at the time of construction but, regardless of when constructed, not less than as required in Chapter 11. New floor openings in existing buildings shall comply with the International Building Code. (Reason: Provides standard minimum protection retroactively, but clarifies that this section is not to be used to reduce higher protection levels that were required when originally constructed.) ***Section 807.3; change to read as follows: 807.3 Combustible Decorative Materials. In other than Group I-3 In occupancies in Groups A, E, I, and R-1, and dormitories in Group R-2, curtains, draperies, fabric hangings and other similar combustible decorative materials suspended from walls or ceilings shall comply with Section 807.4 and shall not exceed 10 percent of the specific wall or ceiling area to which they are attached. (Reason: Section 807 was re-arranged and modified from the 2012 IFC: previously, curtains were required to be NFPA 701 compliant and limited to 10 percent of the applicable wall in A, E, I, R-1, and R-2 dormitory occupancies, but now, per the published 2015 IFC, Section 807.3 would apply to all occupancies, except I-3 (non-combustible only). Such a change is a tremendous expansion of the requirement, and no justification was provided in the proposed code change at the code hearings as to the reasons for such an expansion of the requirement, especially considering that it also applies to Item 12 North Central Texas Council of Governments 12 As of August 2015 IFC Amendments existing buildings. The board believes that this change is an over-reach for such a stringent requirement and that maintenance of the legacy language is appropriate at this time.) **Section 807.5.2.2 and 807.5.2.3; change to read as follows: 807.5.2.2 Artwork in Corridors. Artwork and teaching materials shall be limited on the walls of corridors to not more than 20 percent of the wall area. Such materials shall not be continuous from floor to ceiling or wall to wall. Curtains, draperies, wall hangings, and other decorative material suspended from the walls or ceilings shall meet the flame propagation performance criteria of NFPA 701 in accordance with Section 807 or be noncombustible. Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 shall be limited to 50 percent of the wall area. 807.5.2.3 Artwork in Classrooms. Artwork and teaching materials shall be limited on walls of classrooms to not more than 50 percent of the specific wall area to which they are attached. Curtains, draperies, wall hangings and other decorative material suspended from the walls or ceilings shall meet the flame propagation performance criteria of NFPA 701 in accordance with Section 807 or be noncombustible. (Reason: This change allows an increase in wall coverage due to the presence of sprinklers. Also provides additional guidance relative to fire resistance requirements in these areas.) **Section 807.5.5.2 and 807.5.5.3; change to read as follows: 807.5.5.2 Artwork in Corridors. Artwork and teaching materials shall be limited on the walls of corridors to not more than 20 percent of the wall area. Such materials shall not be continuous from floor to ceiling or wall to wall. Curtains, draperies, wall hangings and other decorative material suspended from the walls or ceilings shall meet the flame propagation performance criteria of NFPA 701 in accordance with Section 807 or be noncombustible. Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 shall be limited to 50 percent of the wall area. 807.5.5.3 Artwork in Classrooms. Artwork and teaching materials shall be limited on walls of classrooms to not more than 50 percent of the specific wall area to which they are attached. Curtains, draperies, wall hangings and other decorative material suspended from the walls or ceilings shall meet the flame propagation performance criteria of NFPA 701 in accordance with Section 807 or be noncombustible. (Reason: This change allows an increase in wall coverage due to the presence of sprinklers. Also provides additional guidance relative to fire resistance requirements in these areas.) **Section 901.6.1; add Section 901.6.1.1 to read as follows: 901.6.1.1 Standpipe Testing. Building owners/managers must maintain and test standpipe systems as per NFPA 25 requirements. The following additional requirements shall be applied to the testing that is required every 5 years: 1. The piping between the Fire Department Connection (FDC) and the standpipe shall be backflushed when foreign material is present, and also hydrostatically tested for all FDC’s on any type of standpipe system. Hydrostatic testing shall also be conducted in accordance with NFPA 25 requirements for the different types of standpipe systems. 2. For any manual (dry or wet) standpipe system not having an automatic water supply capable of flowing water through the standpipe, the tester shall connect hose from a fire hydrant or portable pumping system (as approved by the fire code official) to each FDC, and flow water through the standpipe system to the roof outlet to verify that each inlet connection functions properly. Confirm that there are no open hose valves prior to introducing water into a dry standpipe. There is no Item 12 North Central Texas Council of Governments 13 As of August 2015 IFC Amendments required pressure criteria at the outlet. Verify that check valves function properly and that there are no closed control valves on the system. 3. Any pressure relief, reducing, or control valves shall be tested in accordance with the requirements of NFPA 25. All hose valves shall be exercised. 4. If the FDC is not already provided with approved caps, the contractor shall install such caps for all FDC’s as required by the fire code official. 5. Upon successful completion of standpipe test, place a blue tag (as per Texas Administrative Code, Fire Sprinkler Rules for Inspection, Test and Maintenance Service (ITM) Tag) at the bottom of each standpipe riser in the building. The tag shall be check-marked as “Fifth Year” for Type of ITM, and the note on the back of the tag shall read “5 Year Standpipe Test” at a minimum. 6. The procedures required by Texas Administrative Code Fire Sprinkler Rules with regard to Yellow Tags and Red Tags or any deficiencies noted during the testing, including the required notification of the local Authority Having Jurisdiction (fire code official) shall be followed. 7. Additionally, records of the testing shall be maintained by the owner and contractor, if applicable, as required by the State Rules mentioned above and NFPA 25. 8. Standpipe system tests where water will be flowed external to the building shall not be conducted during freezing conditions or during the day prior to expected night time freezing conditions. 9. Contact the fire code official for requests to remove existing fire hose from Class II and III standpipe systems where employees are not trained in the utilization of this firefighting equipment. All standpipe hose valves must remain in place and be provided with an approved cap and chain when approval is given to remove hose by the fire code official. (Reason: Increases the reliability of the fire protection system and re-emphasizes the requirements of NFPA 25 relative to standpipe systems, as well as ensuring that FDC connections are similarly tested/maintained to ensure operation in an emergency incident.) **Section 901.6.3; add Section 901.6.3 to read as follows: 901.6.3 False Alarms and Nuisance Alarms. False alarms and nuisance alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in any manner. (Reason: Places the responsibility on the business or property owner to maintain their fire alarm systems in approved condition. Allows the enforcement of “prohibition of false alarms”. Replaces text lost from the legacy codes that helps to ensure the maintenance of life safety systems.) **Section 901.7; change to read as follows: 901.7 Systems Out of Service. Where a required fire protection system is out of service or in the event of an excessive number of activations, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service. … {remaining text unchanged} (Reason: Gives fire code official more discretion with regards to enforcement of facilities experiencing nuisance alarm or fire protection system activations necessitating correction/repair/replacement. The intent of the amendment is to allow local jurisdictions to enforce fire watches, etc., where needed to ensure safety of occupants where fire protection systems are experiencing multiple nuisance activations. Item 12 North Central Texas Council of Governments 14 As of August 2015 IFC Amendments ***Section 901.8.2; change to read as follows: 901.8.2 Removal of existing Occupant-use Hose Lines. The fire code official is authorized to permit the removal of existing occupant-use hose lines and hose valves where all of the following conditions exist: 1. Installation is not required by this code or the International Building Code. 2. The hose line(s) would not be utilized by trained personnel or the fire department. 3. T If the remaining outlets occupant-use hose lines are removed, but the hose valves are required to remain as per the fire code official, such shall be are compatible with local fire department fittings. (Reason: Occupant-use hose lines have been an issue of concern that fire code officials have struggled with for many years now, primarily in that they are required by the published code, even though occupants are rarely properly trained in their use or provided with the OSHA-required protective gear for such use, such as with an industrial fire brigade. The allowance for these hose lines to remain only promotes the possibility of an occupant attempting to fight fire for an unknown duration, rather than evacuate, and potentially injure themselves or others through such action. They present greater risk than benefit to the occupants, and as such, the above gives the fire code official the authorization to allow removal of such at his or her discretion.) **Section 903.1.1; change to read as follows: 903.1.1 Alternative Protection. Alternative automatic fire-extinguishing systems complying with Section 904 shall be permitted instead of in addition to automatic sprinkler protection where recognized by the applicable standard and, or as approved by the fire code official. (Reason: Such alternative systems do not provide the reliability of automatic sprinkler protection. Most gaseous type systems are highly susceptible to open doors, ceiling or floor tile removal, etc. However, a n applicant could pursue an Alternate Method request to help mitigate the reliability issues with these alternative systems with the fire code official if so desired, or there may be circumstances in which the fire code official is acceptable to allowing an alternate system in lieu of sprinklers, such as kitchen hoods or paint booths.) **Section 903.2; add paragraph to read as follows: Automatic Sprinklers shall not be installed in elevator machine rooms, elevator machine spaces, and elevator hoistways, other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances. Storage shall not be allowed within the elevator machine room. Signage shall be provided at the entry doors to the elevator machine room ind icating “ELEVATOR MACHINERY – NO STORAGE ALLOWED.” (Reason: Firefighter and public safety. This amendment eliminates the shunt trip requirement of the International Building Code Section 3006.5 for the purpose of elevator passenger and firefighter safety. This amendment is contingent on the Building Code amendment eliminating the Exceptions to Section 3006.4, such that passive fire barriers for these areas are maintained.) **Section 903.2; delete the exception. (Reason: The exception deletion is due to the fact that such telecom areas pose an undue fire risk to the structural integrity of the building.) Item 12 North Central Texas Council of Governments 15 As of August 2015 IFC Amendments ***Section 903.2.9; add Section 903.2.9.3 to read as follows: 903.2.9.3 Self-Service Storage Facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities. (Reason: Fire departments are unable to inspect these commercial occupancies and are unaware of the contents being stored. Previous allowance to separate units by fire barriers is difficult to enforce maintenance after opening.) **Option A Section 903.2.11; change 903.2.11.3 and add 903.2.11.7 and 903.2.11.8, as follows: 903.2.11.3 Buildings 55 Feet or more in Height. An automatic sprinkler system shall be installed throughout buildings that have one or more stories with an occupant load of 30 or more, other than penthouses in compliance with Section 1510 of the International Building Code, located 55 feet (16 764 mm) or more above the lowest level of fire department vehicle access, measured to the finished floor. Exceptions: 1. Open parking structures in compliance with Section 406.5 of the International Building Code, having no other occupancies above the subject garage. 2. Occupancies in Group F-2. 903.2.11.7 High-Piled Combustible Storage. For any building with a clear height exceeding 12 feet (4572 mm), see Chapter 32 to determine if those provisions apply. 903.2.11.8 Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire-extinguishing system. Item 12 North Central Texas Council of Governments 16 As of August 2015 IFC Amendments **Option B Section 903.2.11; change 903.2.11.3 and add 903.2.11.7, 903.2.11.8, and 903.2.11.9 as follows: 903.2.11.3 Buildings 55 35 feet or more in height. An automatic sprinkler system shall be installed throughout buildings that have one or more stories with an occupant load of 30 or more, other than penthouses in compliance with Section 1510 of the International Building Code, located 55 35 feet (16 764 10 668 mm) or more above the lowest level of fire department vehicle access, measured to the finished floor. Exceptions: 1. Open parking structures in compliance with Section 406.5 of the International Building Code, having no other occupancies above the subject garage. 2. Occupancies in Group F-2. 903.2.11.7 High-Piled Combustible Storage. For any building with a clear height exceeding 12 feet (4572 mm), see Chapter 32 to determine if those provisions apply. 903.2.11.8 Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire-extinguishing system. 903.2.11.9 Buildings Over 6,000 sq. .ft. An automatic sprinkler system shall be installed throughout all buildings with a building area 6,000 sq. ft. or greater and in all existing buildings that are enlarged to be 6,000 sq. ft. or greater. For the purpose of this provision, fire walls shall not define separate buildings. Exception: Open parking garages in compliance with Section 406.5 of the International Building Code. (Reason: Provides jurisdictions options as to their desired level of sprinkler protection based on multiple factors including firefighting philosophies/capabilities.) **Section 903.3.1.1.1; change to read as follows: 903.3.1.1.1 Exempt Locations. When approved by the fire code official, automatic sprinklers shall not be required in the following rooms or areas where such ...{text unchanged}… because it is damp, of fire- resistance-rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the code official. 3. Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire- resistance rating of not less than 2 hours. 4. In rooms or areas that are of noncombustible construction with wholly noncombustible contents. 5. Fire service access Elevator machine rooms, and machinery spaces, and hoistways, other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances. 6. {Delete.} (Reason: Gives more direction to code official. Exception 4 deleted to provide protection where fire risks are poorly addressed. Amendment 903.2 addresses Exception 5 above relative to the elimination of sprinkler protection in these areas to avoid the shunt trip requirement.) Item 12 North Central Texas Council of Governments 17 As of August 2015 IFC Amendments **Section 903.3.1.2.3; add section to read as follows: [F] Section 903.3.1.2.3 Attics and Attached Garages. Sprinkler protection is required in attic spaces of such buildings two or more stories in height, in accordance with NFPA 13 and or NFPA 13R requirements, and attached garages. (Reason: Attic protection is required due to issues with fire exposure via soffit vents, as well as firefighter safety. Several jurisdictions indicated experience with un-protected attic fires resulting in displacement of all building occupants. NFPA 13 provides for applicable attic sprinkler protection requirements, as well as exemptions to such, based on noncombustible construction, etc. Attached garages already require sprinklers via NFPA 13R – this amendment just re-emphasizes the requirement.) ***Section 903.3.1.3; change to read as follows: 903.3.1.3 NFPA 13D Sprinkler Systems. Automatic sprinkler systems installed in one- and two-family dwellings; Group R-3; Group R-4 Condition 1 and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D or in accordance with state law. (Reason: To allow the use of the Plumbing section of the International Residential Code (IRC) and recognize current state stipulations in this regard.) ***Section 903.3.1.4; add to read as follows: [F] 903.3.1.4 Freeze protection. Freeze protection systems for automatic fire sprinkler systems shall be in accordance with the requirements of the applicable referenced NFPA standard and this section. 903.3.1.4.1 Attics. Only dry-pipe, preaction, or listed antifreeze automatic fire sprinkler systems shall be allowed to protect attic spaces. Exception: Wet-pipe fire sprinkler systems shall be allowed to protect non-ventilated attic spaces where: 1. The attic sprinklers are supplied by a separate floor control valve assembly to allow ease of draining the attic system without impairing sprinklers throughout the rest of the building, and 2. Adequate heat shall be provided for freeze protection as per the applicable referenced NFPA standard, and 3. The attic space is a part of the building’s thermal, or heat, envelope, such that insulation is provided at the roof deck, rather than at the ceiling level. 903.3.1.4.2 Heat trace/insulation. Heat trace/insulation shall only be allowed where approved by the fire code official for small sections of large diameter water-filled pipe. (Reason: In the last few years, severe winters brought to light several issues with current practices for sprinklering attics, not the least of which was wet-pipe sprinklers in ventilated attics provided with space heaters, etc. for freeze protection of such piping. This practice is not acceptable for the protection of water-filled piping in a ventilated attic space as it does not provide a reliable means of maintaining the minimum 40 degrees required by NFPA, wastes energy, and presents a potential ignition source to the attic space. Listed antifreeze is specifically included because NFPA currently allows such even though there is no currently listed antifreeze at the time of development of these amendments. The intent of this amendment is to help reduce the large number of freeze breaks that have occurred in the past with water- filled wet-pipe sprinkler systems in the future, most specifically in attic spaces.) **Section 903.3.5; add a second paragraph to read as follows: [F] Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every water-based fire protection system shall be designed with a 10 psi safety factor. Reference Section 507.4 for additional design requirements. (Reason: To define uniform safety factor.) Item 12 North Central Texas Council of Governments 18 As of August 2015 IFC Amendments **Section 903.4; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. (Reason: To avoid significant water losses. Consistent with amendment to IFC 905.9.) **Section 903.4.2; add second paragraph to read as follows: The alarm device required on the exterior of the building shall be a weatherproof horn/strobe notification appliance with a minimum 75 candela strobe rating, installed as close as practicable to the fire department connection. (Reason: Fire department connections are not always located at the riser; this allows the fire department faster access.) **Section 905.2; change to read as follows: 905.2 Installation Standard. Standpipe systems shall be installed in accordance with this section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low alarm. (Reason: To define manual dry standpipe supervision requirements. Helps ensure the integrity of th e standpipe system via supervision, such that open hose valves will result in a supervisory low air alarm.) ***Section 905.3; add Section 905.3.9 and exception to read as follows: 905.3.9 Buildings Exceeding 10,000 sq. ft. In buildings exceeding 10,000 square feet in area per story and where any portion of the building’s interior area is more than 200 feet (60960 mm) of travel, vertically and horizontally, from the nearest point of fire department vehicle access, Class I automatic wet or manual wet standpipes shall be provided. Exceptions: 1. Automatic dry and semi-automatic dry standpipes are allowed as provided for in NFPA 14. 2. R-2 occupancies of four stories or less in height having no interior corridors. (Reason: Allows for the rapid deployment of hose lines to the body of the fire.) ***Section 905.4, change Item 1, 3, and 5, and add Item 7 to read as follows: 1. In every required interior exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at an intermediate landing between stories, unless otherwise approved by the fire code official. 2. {No change.} 3. In every exit passageway, at the entrance from the exit passageway to other areas of a building. Exception: Where floor areas adjacent to an exit passageway are reachable from an interior exit stairway hose connection by a {No change to rest.} 4. {No change.} 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-percent slope), each standpipe shall be provided with a two-way a hose connection shall be located to serve the roof or at the highest landing of an interior exit stairway with stair access to the roof provided in accordance with Section 1011.12. 6. {No change.} Item 12 North Central Texas Council of Governments 19 As of August 2015 IFC Amendments 7. When required by this Chapter, standpipe connections shall be placed adjacent to all required exits to the structure and at two hundred feet (200’) intervals along major corridors thereafter, or as otherwise approved by the fire code official. (Reason: Item 1, 3, and 5 amendments to remove ‘interior’ will help to clarify that such connections are required for all ‘exit’ stairways, to ensure firefighter capabilities are not diminished in these tall buildings, simply because the stair is on the exterior of the building. Item 5 reduces the amount of pressure required to facilitate testing, and provides backup protection for fire fighter safety. Item 7 allows for the rapid deployment of hose lines to the body of the fire.) **Section 905.9; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. (Reason: To avoid significant water losses. Consistent with amendment to IFC 903.4.) **Section 907.1; add Section 907.1.4 and 907.1.4.1 to read as follows: 907.1.4 Design Standards. Where a new fire alarm system is installed, the devices shall be addressable. Fire alarm systems utilizing more than 20 smoke detectors shall have analog initiating devices. (Reason: Provides for the ability of descriptive identification of alarms, and reduces need for panel replacement in the future. Updated wording to match the language of the new requirement at 907.5.2.3. Change of terminology allows for reference back to definitions of NFPA 72) **Section 907.2.1; change to read as follows: 907.2.1 Group A. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group A occupancies where the having an occupant load due to the assembly occupancy is of 300 or more persons or more than 100 persons above or below the lowest level of exit discharge. Group A occupancies not separated from one another in accordance with Section 707.3. 10 of the International Building Code shall be considered as a single occupancy for the purposes of applying this section. Portions of Group E occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for the Group E occupancy. Exception: {No change.} Activation of fire alarm notification appliances shall: 1. Cause illumination of the means of egress with light of not less than 1 foot-candle (11 lux) at the walking surface level, and 2. Stop any conflicting or confusing sounds and visual distractions. (Reason: Increases the requirement to be consistent with Group B requirement. Also addresses issue found in Group A occupancies of reduced lighting levels and other A/V equipment that distracts from fire alarm notification devices or reduces ability of fire alarm system to notify occupants of the emergency condition.) ***Section 907.2.3; change to read as follows: 907.2.3 Group E. A manual fire alarm system that initiates the occupant notification signal utilizing an emergency voice/alarm communication system meeting the requirements of Section 907.5.2.2 and installed in accordance with Section 907.6 shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be Item 12 North Central Texas Council of Governments 20 As of August 2015 IFC Amendments connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. Unless separated by a minimum of 100' open space, all buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems. Exceptions: 1. {No change.} 1.1. Residential In-Home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms. (For care of more than five children 2 1/2 or less years of age, see Section 907.2.6.) {No change to remainder of exceptions.} (Reason: To distinguish educational from day care occupancy minimum protection requirements. Further, to define threshold at which portable buildings are considered a separate building for the purposes of alarm systems. Exceptions provide consistency with State law concerning such occupancies.) **Section 907.2.13, Exception 3; change to read as follows: 3. Open air portions of buildings with an occupancy in Group A-5 in accordance with Section 303.1 of the International Building Code; however, this exception does not apply to accessory uses including but not limited to sky boxes, restaurants, and similarly enclosed areas. (Reason: To indicate that enclosed areas within open air seating type occupancies are not exempted from automatic fire alarm system requirements.) **Section 907.4.2; add Section 907.4.2.7 to read as follows: 907.4.2.7 Type. Manual alarm initiating devices shall be an approved double action type. (Reason: Helps to reduce false alarms.) ***Section 907.6.1; add Section 907.6.1.1 to read as follows: 907.6.1.1 Wiring Installation. All fire alarm systems shall be installed in such a manner that a failure of any single initiating device or single open in an initiating circuit conductor will not interfere with the normal operation of other such devices. All signaling line circuits (SLC) shall be installed in such a way that a single open will not interfere with the operation of any addressable devices (Class A). Outgoing and return SLC conductors shall be installed in accordance with NFPA 72 requirements for Class A circuits and shall have a minimum of four feet separation horizontal and one foot vertical between supply and return circuit conductors. The initiating device circuit (IDC) from a signaling line circuit interface device may be wired Class B, provided the distance from the interface device to the initiating device is ten feet or less. (Reason: To provide uniformity in system specifications and guidance to design engineers. Improves reliability of fire alarm devices and systems.) ***Section 907.6.3; delete all four Exceptions. (Reason: To assist responding personnel in locating the emergency event for all fire alarm systems. This is moved from 907.6.5.3 in the 2012 IFC and reworded to match new code language and sections.) ***Section 907.6.6; – add sentence at end of paragraph to read as follows: [F] See 907.6.3 for the required information transmitted to the supervising station. (Reason: To assist responding personnel in locating the emergency event for all fire alarm systems. This is moved from 907.6.5.3 in the 2012 IFC and reworded to match new code language and sections.) Item 12 North Central Texas Council of Governments 21 As of August 2015 IFC Amendments ***Section 909.22; add to read as follows: 909.22 Stairway or Ramp Pressurization Alternative. Where the building is equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 and the stair pressurization alternative is chosen for compliance with Building Code requirements for a smokeproof enclosure, interior exit stairways or ramps shall be pressurized to a minimum of 0.10 inches of water (25 Pa) and a maximum of 0.35 inches of water (87 Pa) in the shaft relative to the building measured with all interior exit stairway and ramp doors closed under maximum anticipated conditions of stack effect and wind effect. Such systems shall comply with Section 909, including the installation of a separate fire-fighter’s smoke control panel as per Section 909.16, and a Smoke Control Permit shall be required from the fire department as per Section 105.7. [F] 909.22.1 Ventilating equipment. The activation of ventilating equipment for the stair or ramp pressurization system shall be by smoke detectors installed at each floor level at an approved location at the entrance to the smokeproof enclosure. When the closing device for the stairway or ramp shaft and vestibule doors is activated by smoke detection or power failure, the mechanical equipment shall activate and operate at the required performance levels. Smoke detectors shall be installed in accordance with Section 907.3. 909.22.1.1 Ventilation Systems. Smokeproof enclosure ventilation systems shall be independent of other building ventilation systems. The equipment, control wiring, power wiring and ductwork shall comply with one of the following: 1. Equipment, control wiring, power wiring and ductwork shall be located exterior to the building and directly connected to the smokeproof enclosure or connected to the smokeproof enclosure by ductwork enclosed by not less than 2-hour fire barriers constructed in accordance with Section 707 of the Building Code or horizontal assemblies constructed in accordance with Section 711 of the Building Code, or both. 2. Equipment, control wiring, power wiring and ductwork shall be located within the smokeproof enclosure with intake or exhaust directly from and to the outside or through ductwork enclosed by not less than 2-hour barriers constructed in accordance with Section 707 of the Building Code or horizontal assemblies constructed in accordance with Section 711 of the Building Code, or both. 3. Equipment, control wiring, power wiring and ductwork shall be located within the building if separated from the remainder of the building, including other mechanical equipment, by not less than 2-hour fire barriers constructed in accordance with Section 707 of the Building Code or horizontal assemblies constructed in accordance with Section 711 of the Building Code, or both. Exceptions: 1. Control wiring and power wiring utilizing a 2-hour rated cable or cable system. 2. Where encased with not less than 2 inches (51 mm) of concrete. 3. Control wiring and power wiring protected by a listed electrical circuit protective systems with a fire-resistance rating of not less than 2 hours. 909.21.1.2 Standby Power. Mechanical vestibule and stairway and ramp shaft ventilation systems and automatic fire detection systems shall be provided with standby power in accordance with Section 2702 of the Building Code. 909.22.1.3 Acceptance and Testing. Before the mechanical equipment is approved, the system shall be tested in the presence of the fire code official to confirm that the system is operating in compliance with these requirements. (Reason: To assist with enforcement of such as a smoke control system, as per Section 909.6.3 , especially since a permit is now specifically required for such systems in the Fire Code. Also ensures that a firefighter’s override panel is provided as per 909.16 for such systems. The above amendment copies the applicable requirements for such systems from Section 909.20 of the Building Code into the Fire Item 12 North Central Texas Council of Governments 22 As of August 2015 IFC Amendments Code. Although the published code did copy the elevator pressurization requirements into the Fire Code, it did not copy over the stair pressurization requirements.) ***Section 910.2; change Exception 2. and 3.to read as follows: [F] 2. Only manual smoke and heat removal shall not be required in areas of buildings equipped with early suppression fast-response (ESFR) sprinklers. Automatic smoke and heat removal is prohibited. 3. Only manual smoke and heat removal shall not be required in areas of buildings equipped with control mode special application sprinklers with a response time index of 50(m*S)1/2 or less that are listed to control a fire in stored commodities with 12 or fewer sprinklers. Automatic smoke and heat removal is prohibited. (Reason: Allows the fire department to control the smoke and heat during and after a fire event, while still prohibiting such systems from being automatically activated, which is a potential detriment to the particular sprinkler systems indicated.) **Section 910.2; add subsections 910.2.3 with exceptions to read as follows: 910.2.3 Group H. Buildings and portions thereof used as a Group H occupancy as follows: 1. In occupancies classified as Group H-2 or H-3, any of which are more than 15,000 square feet (1394 m2) in single floor area. Exception: Buildings of noncombustible construction containing only noncombustible materials. 2. In areas of buildings in Group H used for storing Class 2, 3, and 4 liquid and solid oxidizers, Class 1 and unclassified detonable organic peroxides, Class 3 and 4 unstable (reactive) materials, or Class 2 or 3 water-reactive materials as required for a high-hazard commodity classification. Exception: Buildings of noncombustible construction containing only noncombustible materials. (Reason: Maintains a fire protection device utilized in such occupancies where it is sometimes necessary to allow chemicals to burn out, rather than extinguish.) ***Section 910.3; add section 910.3.4 to read as follows: 910.3.4 Vent Operation. Smoke and heat vents shall be capable of being operated by approved automatic and manual means. Automatic operation of smoke and heat vents shall conform to the provisions of Sections 910.3.2.1 through 910.3.2.3. [F] 910.3.4.1 Sprinklered buildings. Where installed in buildings equipped with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically. The automatic operating mechanism of the smoke and heat vents shall operate at a temperature rating at least 100 degrees F (approximately 38 degrees Celsius) greater than the temperature rating of the sprinklers installed. Exception: Manual only systems per Section 910.2. 910.3.4.2 Nonsprinklered Buildings. Where installed in buildings not equipped with an approved automatic sprinkler system, smoke and heat vents shall operate automatically by actuation of a heat- responsive device rated at between 100°F (56°C) and 220°F (122°C) above ambient. Exception: Listed gravity-operated drop out vents. (Reason: Amendment continues to keep applicable wording from prior to the 2012 edition of the IFC. Specifically, automatic activation criteria is no longer specifically required in the published code. Item 12 North Central Texas Council of Governments 23 As of August 2015 IFC Amendments Specifying a temperature range at which smoke and heat vents should activate in sprinklered buildings helps to ensure that the sprinkler system has an opportunity to activate and control the fire prior to vent operation.) ***Section 910.4.3.1; change to read as follows: 910.4.3.1 Makeup Air. Makeup air openings shall be provided within 6 feet (1829 mm) of the floor level. Operation of makeup air openings shall be manual or automatic. The minimum gross area of makeup air inlets shall be 8 square feet per 1,000 cubic feet per minute (0.74 m2 per 0.4719 m3/s) of smoke exhaust. (Reason: Makeup air has been required to be automatic for several years now in this region when mechanical smoke exhaust systems are proposed. This allows such systems to be activated from the smoke control panel by first responders without having to physically go around the exterior of the building opening doors manually. Such requires a significant number of first responders on scene to conduct this operation and significantly delays activation and/or capability of the smoke exhaust system.) ***Section 910.4.4; change to read as follows: 910.4.4 Activation. The mechanical smoke removal system shall be activated by manual controls only automatically by the automatic sprinkler system or by an approved fire detection system. Individual manual controls shall also be provided. Exception: Manual only systems per Section 910.2. (Reason: The provision of a manual only mechanical smoke removal system does not provide equivalency with automatic smoke and heat vents. This amendment clarifies that the primary intent is for automatic systems, unless exceptions are provided as in 910.2 – consistent with the charging statements of the section.) **Section 912.2; add Section 912.2.3 to read as follows: 912.2.3 Hydrant Distance. An approved fire hydrant shall be located within 100 feet of the fire department connection as the fire hose lays along an unobstructed path. (Reason: To accommodate limited hose lengths, improve response times where the FDC is needed to achieve fire control, and improve ease of locating a fire hydrant in those situations also. Also, consistent with NFPA 14 criteria.) **Section 913.2.1; add second paragraph and exception to read as follows: When located on the ground level at an exterior wall, the fire pump room shall be provided with an exterior fire department access door that is not less than 3 ft. in width and 6 ft. – 8 in. in height, regardless of any interior doors that are provided. A key box shall be provided at this door, as required by Section 506.1. Exception: When it is necessary to locate the fire pump room on other levels or not at an exterior wall, the corridor leading to the fire pump room access from the exterior of the building shall be provided with equivalent fire resistance as that required for the pump room, or as approved by the fire code official. Access keys shall be provided in the key box as required by Section 506.1. (Reason: This requirement allows fire fighters safer access to the fire pump room. The requirement allows access without being required to enter the building and locate the fire pump room interior access door during a fire event. The exception recognizes that this will not always be a feasible design scenario for some buildings, and as such, provides an acceptable alternative to protect the pathway to the fire pump room.) Item 12 North Central Texas Council of Governments 24 As of August 2015 IFC Amendments ***Section 914.3.1.2; change to read as follows: 914.3.1.2 Water Supply to required Fire Pumps. In buildings that are more than 420 120 feet (128 m) in building height, required fire pumps shall be supplied by connections to no fewer than two water mains located in different streets. Separate supply piping shall be provided between each connection to the water main and the pumps. Each connection and the supply piping between the connection and the pumps shall be sized to supply the flow and pressure required for the pumps to operate. Exception: {No change to exception.} (Reason: The 2009 edition of the IFC added this requirement based on a need for redundancy of the water supply similar to the redundancy of the power supply to the fire pumps required for such tall buildings, partially due to the fact that these buildings are rarely fully evacuated in a fire event. More commonly, the alarm activates on the floor of the event, the floor above and the floor below. Back-up power to the fire pump becomes critical for this reason. Certainly, the power is pointless if the water supply is impaired for any reason, so a similar requirement is provided here for redundant water supplies. The 2015 edition changes the requirement to only apply to very tall buildings over 420 ft. This amendment modifies/lowers the requirement to 120 ft., based on this same height requirement for fire service access elevators. Again, the language from the 2009 and 2012 editions of the code applied to any high-rise building. This compromise at 120 ft. is based on the above technical justification of defend- in-place scenarios in fire incidents in such tall structures.) **Section 1006.2.2.6; add a new Section 1006.2.2.6 as follows: 1006.2.2.6 Electrical Rooms. For electrical rooms, special exiting requirements may apply. Reference the Electrical Code as adopted. (Reason: Cross reference necessary for coordination with the NEC which has exiting requirements as well.) **Section 1009.1; add the following Exception 4: Exceptions: {previous exceptions unchanged} 4. Buildings regulated under State Law and built in accordance with State registered plans, including any variances or waivers granted by the State, shall be deemed to be in compliance with the requirements of Section 1009. (Reason: To accommodate buildings regulated under Texas State Law and to be consistent with amendments to Chapter 11.) **Section 1010.1.9.4 Bolt Locks; change Exceptions 3 and 4 to read as follows: Exceptions: 3. Where a pair of doors serves an occupant load of less than 50 persons in a Group B, F, M or S occupancy. {Remainder unchanged} 4. Where a pair of doors serves a Group A, B, F, M or S occupancy {Remainder unchanged} (Reason: Application to M occupancies reflects regional practice; No. 4 expanded to Group A due to it being a similar scenario to other uses; No. 4 was regional practice.) Item 12 North Central Texas Council of Governments 25 As of August 2015 IFC Amendments ***Section 1015.8 Window Openings; change number 1 to read as follows: 1. Operable windows where the top of the sill of the opening is located more than 75 feet (22 860 mm) 55 (16 764 mm) above the finished grade or other surface below and that are provided with window fall prevention devices that comply with ASTM F 2006. (Reason: In Option B jurisdictions, change "75 feet" to "55 feet".) **Section 1020.1 Construction; add Exception 6 to read as follows: 6. In group B occupancies, corridor walls and ceilings need not be of fire-resistive construction within a single tenant space when the space is equipped with approved automatic smoke-detection within the corridor. The actuation of any detector shall activate self-annunciating alarms audible in all areas within the corridor. Smoke detectors shall be connected to an approved automatic fire alarm system where such system is provided. (Reason: Revise the 2012 published NCTCOG amendment to this section to clarify intent is not to require automatic fire alarm system or notification throughout the tenant space, but rather, only in the corridor.) **Section 1029.1.1.1; delete this section. Spaces under Grandstands and Bleachers: (Reason: Unenforceable.) **Section 1031.2; change to read as follows: 1031.2 Reliability. Required exit accesses, exits and exit discharges shall be continuously maintained free from obstructions or impediments to full instant use in the case of fire or other emergency when the building area served by the means of egress is occupied. An exit or exit passageway shall not be used for any purpose that interferes with a means of egress. (Reason: Maintain legacy levels of protection and long-standing regional practice, and provide firefighter safety.) **Section 1103.3; add sentence to end of paragraph as follows: Provide emergency signage as required by Section 607.3. (Reason: Coordinates requirements of previous amendment.) **Section 1103.5; add Section 1103.5.1 to read as follows: 1103.5.1 Group A-2. An automatic sprinkler system shall be installed in accordance with Section 903.3.1.1 throughout existing buildings or portions thereof used as Group A-2 occupancies with an occupant load of 300 or more. Spray Booths and Rooms. Existing spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing system in accordance with Section 2404. (Reason: Consistent with amendment to IFC 2404, and long-standing regional requirement. The published 1103.5.1 requiring sprinklers retroactively in A-2 occupancies was deleted by ICC Errata.) ***Section 1103.7; add Section 1103.7.8 and 1103.7.8.1 to read as follows: 1103.7.8 Fire Alarm System Design Standards. Where an existing fire alarm system is upgraded or replaced, the devices shall be addressable. Fire alarm systems utilizing more than 20 smoke and/or heat detectors shall have analog initiating devices. Exception: Existing systems need not comply unless the total building, or fire alarm system, remodel or expansion exceeds 30% of the building. When cumulative building, or fire alarm system, remodel Item 12 North Central Texas Council of Governments 26 As of August 2015 IFC Amendments or expansion initiated after the date of original fire alarm panel installation exceeds 50% of the building, or fire alarm system, the fire alarm system must comply within 18 months of permit application. 1103.7.8.1 Communication requirements. Refer to Section 907.6.6 for applicable requirements. (Reason: To assist responding personnel in locating the emergency event and provide clarity as to percentages of work that results in a requirement to upgrade the entire fire alarm system.) **Section 2304.1; change to read as follows: 2304.1 Supervision of Dispensing. The dispensing of fuel at motor fuel-dispensing facilities shall be conducted by a qualified attendant or shall be under the supervision of a qualified attendant at all times or shall be in accordance with Section 2204.3. the following: 1. Conducted by a qualified attendant; and/or, 2. Shall be under the supervision of a qualified attendant; and/or 3. Shall be an unattended self-service facility in accordance with Section 2304.3. At any time the qualified attendant of item Number 1 or 2 above is not present, such operations shall be considered as an unattended self-service facility and shall also comply with Section 2304.3. (Reason: Allows a facility to apply the attended and unattended requirements of the code when both are potentially applicable.) **Section 2401.2; delete this section. (Reason: This section eliminates such booths from all compliance with Chapter 15 including, but not limited to: size, ventilation, fire protection, construction, etc. If the product utilized is changed to a more flammable substance, the lack of compliance with Chapter 15 could result in significant fire or deflagration and subsequent life safety hazard.) ***Table 3206.2, footnote j; change text to read as follows: j. Not required Where storage areas are protected by either early suppression fast response (ESFR) sprinkler systems or control mode special application sprinklers with a response time index of 50 (m • s) 1/2 or less that are listed to control a fire in the stored commodities with 12 or fewer sprinklers, installed in accordance with NFPA 13, manual smoke and heat vents or manually activated engineered mechanical smoke exhaust systems shall be required within these areas. (Reason: Allows the fire department to control the smoke and heat during and after a fire event, while ensuring proper operation of the sprinkler protection provided. Also, gives an alternative to smoke and heat vents.) **Section 3310.1; add sentence to end of paragraph to read as follows: When fire apparatus access roads are required to be installed for any structure or development, they shall be approved prior to the time at which construction has progressed beyond completion of the foundation of any structure. (Reason: Reference requirement of Section 501.4.) **Section 5601.1.3; change to read as follows: Item 12 North Central Texas Council of Governments 27 As of August 2015 IFC Amendments 5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks are prohibited. Exceptions: 1. Only when approved for fireworks displays, storage, and handling of fireworks as allowed in Section 5604 and 5608. 2. Manufacture, assembly and testing of fireworks as allowed in Section 5605. 3.2. The use of fireworks for approved fireworks displays as allowed in Section 5608. 4. The possession, storage, sale… {Delete remainder of text.} (Reason: Restricts fireworks to approved displays only, which is consistent with regional practice. Such is intended to help protect property owners and individuals from unintentional fireworks fires within the jurisdiction, as well as to help protect individuals from fireworks injuries. It is noted that there has been a change in the State Law to allow possession of unopened fireworks in certain areas of the vehicle, and it is highly recommended that AHJ’s familiarize themselves with the applicable State Laws in this regard.) **Section 5703.6; add a sentence to read as follows: 5703.6 Piping Systems. Piping systems, and their component parts, for flammable and combustible liquids shall be in accordance with Sections 5703.6.1 through 5703.6.11. An approved method of secondary containment shall be provided for underground tank and piping systems. (Reason: Increased protection in response to underground leak problems and remediation difficulty in underground applications. Coordinates with TCEQ requirements.) **Section 5704.2.9.5; change Section 5704.2.9.5 and add Section 5704.2.9.5.3 to read as follows: 5704.2.9.5 Above-ground Tanks Inside of Buildings. Above-ground tanks inside of buildings shall comply with Section 5704.2.9.5.1 and 5704.2.9.5.2 through 5704.2.9.5.3. 5704.2.9.5.1 {No change.} 5704.2.9.5.2 {No change.} 5704.2.9.5.3 Combustible Liquid Storage Tanks Inside of Buildings. The maximum aggregate allowable quantity limit shall be 3,000 gallons (11 356 L) of Class II or III combustible liquid for storage in protected aboveground tanks complying with Section 5704.2.9.7 when all of the following conditions are met: 1. The entire 3,000 gallon (11 356 L) quantity shall be stored in protected above-ground tanks; 2. The 3,000 gallon (11 356 L) capacity shall be permitted to be stored in a single tank or multiple smaller tanks; 3. The tanks shall be located in a room protected by an automatic sprinkler system complying with Section 903.3.1.1; and 4. Tanks shall be connected to fuel-burning equipment, including generators, utilizing an approved closed piping system. The quantity of combustible liquid stored in tanks complying with this section shall not be counted towards the maximum allowable quantity set forth in Table 5003.1.1(1), and such tanks shall not be required to be located in a control area. Such tanks shall not be located more than two stories below grade. (Reason: Relocated from exception to 603.3.2.1 as published, as per reason statement for deletion in that section.) Item 12 North Central Texas Council of Governments 28 As of August 2015 IFC Amendments **Section 5704.2.11.4; add a sentence to read as follows: 5704.2.11.4 Leak Prevention. Leak prevention for underground tanks shall comply with Sections 5704.2.11.4.1 and 5704.2.11.5.2 through 5704.2.11.4.3. An approved method of secondary containment shall be provided for underground tank and piping systems. (Reason: Increased protection in response to underground leak problems and remediation difficulty in underground applications.) **Section 5704.2.11.4.2; change to read as follows: 5704.2.11.4.2 Leak Detection. Underground storage tank systems shall be provided with an approved method of leak detection from any component of the system that is designed and installed in accordance with NFPA 30 and as specified in Section 5704.2.11.4.3. (Reason: Reference to IFC Section 5704.2.11.4.3 amendment.) **Section 5704.2.11.4; add Section 5704.2.11.4.3 to read as follows: 5704.2.11.4.3 Observation Wells. Approved sampling tubes of a minimum 4 inches in diameter shall be installed in the backfill material of each underground flammable or combustible liquid storage tank. The tubes shall extend from a point 12 inches below the average grade of the excavation to ground level and shall be provided with suitable surface access caps. Each tank site shall provide a sampling tube at the corners of the excavation with a minimum of 4 tubes. Sampling tubes shall be placed in the product line excavation within 10 feet of the tank excavation and one every 50 feet routed along product lines towards the dispensers, a minimum of two are required. (Reason: Provides an economical means of checking potential leaks at each tank site.) **Section 6103.2.1; add Section 6103.2.1.8 to read as follows: 6103.2.1.8 Jewelry Repair, Dental Labs and Similar Occupancies. Where natural gas service is not available, portable LP-Gas containers are allowed to be used to supply approved torch assemblies or similar appliances. Such containers shall not exceed 20-pound (9.0 kg) water capacity. Aggregate capacity shall not exceed 60-pound (27.2 kg) water capacity. Each device shall be separated from other containers by a distance of not less than 20 feet. (Reason: To provide a consistent and reasonable means of regulating the use of portable LP-Gas containers in these situations. Reduces the hazard presented by portable containers when natural gas is already available. Please note that current State Law does not allow for the enforcement of any rules more stringent than that adopted by the State, so this amendment is only applicable as to the extent allowed by that State Law.) Section 6104.2, Exception; add an exception 2 to read as follows: Exceptions: 1. {existing text unchanged} 2. Except as permitted in Sections 308 and 6104.3.2, LP-gas containers are not permitted in residential areas. (Reason: To provide a consistent and reasonable means of regulating the use LP-Gas containers. Item 12 North Central Texas Council of Governments 29 As of August 2015 IFC Amendments Reduces the hazard presented by such containers when natural gas is already available. References regional amendment to IFC 6104.3.2. Please note that current State Law does not allow for the enforcement of any rules more stringent than that adopted by the State, so this amendment is only applicable as to the extent allowed by that State Law.) **Section 6104.3; add Section 6104.3.2 to read as follows: 6104.3.2 Spas, Pool Heaters, and Other Listed Devices. Where natural gas service is not available, an LP-gas container is allowed to be used to supply spa and pool heaters or other listed devices. Such container shall not exceed 250-gallon water capacity per lot. See Table 6104.3 for location of containers. Exception: Lots where LP-gas can be off-loaded wholly on the property where the tank is located may install up to 500 gallon above ground or 1,000 gallon underground approved containers. (Reason: Allows for an alternate fuel source. Dwelling density must be considered and possibly factored into zoning restrictions. Reduces the hazard presented by over-sized LP-Gas containers. Please note that current State Law does not allow for the enforcement of any rules more stringent than that adopted by the State, so this amendment is only applicable as to the extent allowed by that State Law.) ***Section 6107.4 and 6109.13; change to read as follows: 6107.4 Protecting Containers from Vehicles. Where exposed to vehicular damage due to proximity to alleys, driveways or parking areas, LP-gas containers, regulators and piping shall be protected in accordance with NFPA 58 Section 312. 6109.13 Protection of Containers. LP-gas containers shall be stored within a suitable enclosure or otherwise protected against tampering. Vehicle impact protection shall be provided as required by Section 6107.4. Exception: Vehicle impact protection shall not be required for protection of LP-gas containers where the containers are kept in lockable, ventilated cabinets of metal construction. (Reason: NFPA 58 does not provide substantial physical protection [it allows raised sidewalks, fencing, ditches, parking bumpers as ‘vehicle barrier protection’] of the container(s) from vehicular impact as is required and has been required historically, as per Section 312, i.e. bollard protection. Further, the exception to Section 6109.13 would allow for portable containers in ventilated metal cabinets to not require any physical protection whatsoever from vehicular impact, regardless of the location of the containers. Please note that current State Law does not allow for the enforcement of any rules more stringent than that adopted by the State, so this amendment is only applicable as to the extent allowed by that State Law.) *** {Applicable to those jurisdictions adopting Appendix B} Table B105.2; change footnote a. to read as follows: a. The reduced fire-flow shall be not less than 1,000 1,500 gallons per minute. (Reason: The minimum fire-flow of 1,500 gpm for other than one- and two- family dwellings has existed since the 2000 edition of the IFC, as well as the Uniform Fire Code before that. Little to no technical justification was provided for the proposed code change at the code hearings. The board believes that the already-allowed 75 percent reduction in required fire-flow for the provision of sprinkler protection is already a significant trade-off. The minimum 1,500 gpm is not believed to be overly stringent for the vast majority of public water works systems in this region, especially since it has existed as the requirement for so many years. Further, the continued progression of trading off more and more requirements in the codes for the provision of sprinkler protection has made these systems extremely operation-critical to the safety of the occupants and properties in question. In other words, should the sprinkler system fail for any reason, the fire-flow requirements drastically increase from that anticipated with a sprinkler-controlled fire scenario. Item 12 North Central Texas Council of Governments 30 As of August 2015 IFC Amendments END Item 12 TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-51 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, REPEALING ORDINANCE NO. 04-98, WITH THE EXCEPTION OF THE FOLLOWING INTERNATIONAL FIRE CODE SECTIONS CONTAINED THEREIN: SECTIONS 903.2, "WHERE REQUIRED"; 903.2.7, "GROUP R"; 903.2.8.3, "SELF-SERVICE STORAGE FACILITY"; 903.2.10.3, BUILDINGS MORE THAN 35 FEET IN HEIGHT"; 903.2.10.4, "HIGH-PILED COMBUSTIBLE STORAGE"; 903.2.10.5, "SPRAY BOOTHS AND ROOMS"; AND 903.2.10.6, "BUILDINGS OVER 5,000 SQUARE FEET," WHICH SECTIONS SHALL REMAIN IN FULL FORCE AND EFFECT AND ARE INCORPORATED INTO THIS ORDINANCE; ADOPTING THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE AND ADOPTING AMENDMENTS THERETO BY REPEALING EXISTING SECTIONS 5.03.001, "ADOPTED," AND 5.03.002, "AMENDMENTS," OF ARTICLE 5.03, "FIRE CODE," OF CHAPTER 5, "FIRE PREVENTION AND PROTECTION," OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, AND ADOPTING NEW SECTIONS 5.03.001, ADOPTED," AND 5.03.002, "AMENDMENTS," OF ARTICLE 5.03, "FIRE CODE," OF CHAPTER 5, "FIRE PREVENTION AND PROTECTION," OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS; PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, HAZARDOUS MATERIALS. AND EXPLOSIONS; AND PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, in 2004, the Town Council of the Town of Prosper, Texas ("Town Council"), adopted the International Fire Code, 2003 Edition, copyrighted by the International Code Commission, Inc., with certain amendments thereto, in Ordinance No. 04-98; and WHEREAS, Ordinance No. 04-98 contained certain provisions related to residential fire suppression, among others, and it is the intent of the Town Council to retain those same provisions in all subsequent editions, and local amendments thereto, of the International Fire Code-land WHEREAS, the Town of Prosper, Texas ("Town") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town to repeal certain provisions contained in Ordinance No. 04-98 not related to residential fire suppression; and WHEREAS, a committee of fire code professionals was assembled by the North Central Texas Council of Governments to recommend local amendments specific to the needs of North Central Texas, and in the past the Town has regularly adopted these recommended amendments so that most municipalities in the region use the same or similar fire code standards; and WHEREAS, the Town Council has investigated and determined that it would be in the public interest to adopt the International Fire Code, 2012 Edition, including the deletions and amendments set forth below. Item 12 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. SECTION 2 With the exception of Sections 903.2, "Where Required"; 903.2.7, "Group R"; 903.2.8.3, Self-Service Storage Facility"; 903.2.10.3, "Buildings More Than 35 Feet in Height"; 903.2.10.4, High-Piled Combustible Storage", 903.2.10.5, "Spray Booths and Rooms"; and 903.2. 10.6, Buildings Over 5,000 Square Feet," all of which foregoing Fire Code sections presently are in effect and contained in Section 5.03.002, "Amendments," of Chapter 5, "Fire Prevention and Protection," of the Code of Ordinances of the Town of Prosper, Texas, shall remain in full force and effect and are incorporated into this Ordinance, while the remainder of Town Ordinance No. 04-98 is hereby repealed in its entirety, except to the extent noted herein, and the effective date of the repeal referenced in this Section shall not occur until the effective date of this Ordinance. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of Ordinance No. 04-98 occurring before the effective date of this Ordinance. SECTION 3 From and after the effective date of this Ordinance, existing Section 5.03.001, "Adopted," of Article 5.03, "Fire Code," of Chapter 5, "Fire Prevention and Protection," of the Code of Ordinances of the Town of Prosper, Texas, is hereby repealed in its entirety and replaced by a new Section 5.03.001, "Adopted," to read as follows: Sec. 5.03.001 Adopted The International Fire Code, 2012 Edition, copyrighted by the International Code Council, Inc., including all chapters and Appendices B, C, D, E, F, G, H, I and J, attached hereto and incorporated herein for all purposes, is hereby adopted as the Fire Code for the Town of Prosper. The International Fire Code, 2012 Edition, is made a part of this Ordinance as if fully set forth herein. A copy of the 2012 International Fire Code, 2012 Edition, copyrighted by the International Code Council, Inc., is on file in the office of the Town Secretary and is marked and designated as the 2012 International Residential Code." SECTION 4 From and after the effective date of this Ordinance, existing Section 5.03.002, Amendments," of Article 5.03, "Fire Code," of Chapter 5, "Fire Prevention and Protection," of the Code of Ordinances of the Town of Prosper, Texas, is hereby repealed in its entirety and replaced by a new Section 5.03.002, "Amendments," to read as follows: Sec. 5.03.002 Amendments The following Sections and Appendices of the International Fire Code, 2012 Edition, are hereby changed, added or deleted as follows: Ordinance No. 14-51,Page 2 Item 12 FIRE PREVENTION CODE a) Enforcement. The Fire Chief, or Fire Marshal, is hereby authorized and directed to enforce all provisions of the International Fire Code as adopted herein and as amended. b) Definitions. The following words, terms and phrases, when used in the fire code adopted in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1) Whenever the word "jurisdiction" is used in the International Fire Code, it shall mean the corporate limits of the Town of Prosper, Texas. 2) Whenever the words "code official" are used in the International Fire Code, they shall mean the Fire Chief or Fire Marshal of the Prosper Fire Department. c) Fire Code Amendments. The following amendments repeal and reenact or add sections of the fire code adopted in this article for the purpose of consistency with specific past practices and the recommendations of the North Central Texas Council of Governments: Section 101.1 shall be amended to read as follows: 101.1 Title. These regulations shall be known as the fire code of the Town of Prosper, hereinafter referred to as "this Code." Section 102.1 item 3 shall be amended to read as follows: 3. Existing structures, facilities and conditions when required in Chapter 11 or in specific sections of this code. Section 102.4 shall be amended to read as follows: 102.4 Application of other codes. The design and construction of new structures, site plans and fire lanes shall comply with this Code, and other codes as applicable, and any alterations, additions, or changes in structures required by this Code, which are within the scope of the International Building Code, shall be made in accordance therewith. Section 102.7 shall be amended to read as follows: 102.7 Referenced codes and standards. The codes and standards referenced in this Code shall be those that are listed in Chapter 80 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this Code to the prescribed extent Ordinance No.14-51,Page 3 Item 12 of each such reference and as further regulated in Sections 102.7.1 and 102.7.2. 102.7.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.7. 2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code and any adopted amendments, the provisions of this code and any adopted amendments, as applicable, shall take precedence over the provisions in the referenced code or standard. Section 102.7.3 shall be added to read as follows: 102.7.3 Specifically referenced editions of codes and standards. The most currently published editions shall be specifically adopted for the following NFPA standards: NFPA 13 NFPA 13R NFPA 13D NFPA 14 NFPA 24 NFPA 25 NFPA 30 NFPA 72 Section 103.1 shall be amended to read as follows: 103.1 General. The fire code shall be enforced by the Division of Fire Prevention. The Division of Fire Prevention is hereby established as a division of the Fire Department of the Town of Prosper and shall be operated under the supervision of the Chief of the Fire Department. Section 103.2 shall be amended to read as follows: 103.2 Appointment. The Fire Marshal in charge of the Division of Fire Prevention shall be appointed by the Fire Chief on the basis of proper qualification. Section 103.3 shall be amended to read as follows: 103.3 Deputies. The Fire Chief or Fire Marshal may detail such members of the Fire Department as deputies, inspectors and other Ordinance No.14-51,Page 4 Item 12 technical officers as shall from time to time be necessary and each member so assigned shall be authorized to enforce the provisions of the International Fire Code. Section 105.3.3 shall be amended as follows: 105.3.3. Occupancy prohibited before approval. The building or structure shall not be occupied prior to the fire code official issuing a permit when required and conducting associated inspections indicating the applicable provisions of this code have been met. Section 105.6.47 shall be added to read as follows: 105.6.47 Model Rocketry. Operational approval is required for the demonstration and use of model rockets, in accordance with NFPA 1122. Section 105.7.17 shall be added to read as follows: 105.7.17 Smoke control or exhaust systems. Construction permits are required for smoke control or exhaust systems as specified in Section 909 and Section 910 respectively. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. Section 105.7.18 shall be added to read as follows: 105.7.18 Electronic access control systems. Construction permits are required for the installation or modification of an electronic access control system, as specified in Section 503 and Section 1008. A separate construction permit is required for the installation or modification of a fire alarm system that may be connected to the access control system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. Section 105.7.19 shall be added to read as follows: 105.7.19 Emergency and Standby Generators. Construction permits are required for the installation or modification of an emergency or standby generator, as specified in Section 604. Section 105.7.20 shall be added to read as follows: 105.7.20 Access Gates and Barriers. Construction permits are required for the installation or modification of an access gate or barricade across a fire department access roadway, as specified in Section 503. A minimum of two remote transmitters shall be provided to the FD for each new controlled access gate. Section 106.2.3 shall be added to read as follows: Ordinance No. 14-51, Page 5 Item 12 106.2.3 Inspection fees applicability. The Fire Marshal or his designated representative shall inspect all buildings, premises, or portions thereof as often as may be necessary. Annual inspection and one (1) re- inspection shall be made free of charge. If the Fire Marshal or his designee is required to make follow-up inspections after the initial inspection and re-inspection to determine whether a violation or violations observed during the previous inspection have been corrected, a fee shall be charged. The occupant, lessee, or person making use of the building or premises shall pay said fee or fees in advance as a condition to continued lawful occupancy of the building or premises. Section 108.1 shall be amended to read as follows: 108.1 Appeals. Whenever the fire code official shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the fire prevention code do not apply or that the true intent and meaning of this Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the code official to the Construction Board of Appeals within thirty (30) days from the date of the decision appealed. Section 109.3.5 shall be added to read as follows: 109.3. 5 Citations. It is the intent of this department to achieve compliance by the traditional means of inspection, notification, granting of reasonable time to comply and re-inspection. After all reasonable means to gain compliance have failed, or when a condition exists that causes an immediate and/or extreme threat to life, property or safety from fire or explosion, the Fire Chief, Fire Marshal or his designee who have the discretionary duty to enforce a code or ordinance may issue a notice to appear (citation) for the violation. Citations shall be issued only by qualified personnel as designated by the Fire Chief or Fire Marshal. Notwithstanding any other provision of this code or of the International Fire Code a citation may be issued without prior notice and the opportunity to correct the condition or violation. Section 109.4 shall be amended to read as follows: 109.4 Violation penalties. Any person, firm, partnership, corporation, association, or other entity violating any provision of this article or of any code provision adopted herein shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in the sum of not more than 2,000.00, and each day such violation continues shall constitute a separate and distinct violation. Section 109.4.1 shall be amended to read as follows: 109.4.1 Applicability A person, firm, partnership, corporation, association, or other entity shall be presumed to be the violator if the person, firm, partnership, corporation, association, or other entity is the Ordinance No.14-51,Page 6 Item 12 owner or occupant of the subject property, exercises actual or apparent control over the subject property, or is listed as the water customer of the city for the subject property. Section 111. 4 shall be amended to read as follows: 111.4 Failure to comply. Any person, firm, partnership, corporation, association, or other entity who shall continue any work after having been served with a stop work order, except any work as that person is directed to perform to remove a violation or unsafe condition, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in a sum of not more than $2,000.00, and each day such action continues shall constitute a separate and distinct violation. Section 113.2 shall be amended as follows: 113.2 Schedule of fees. A fee for each permit shall be paid as required, in accordance with this section. 113.2.1 Inspection fees: 1.Residential fire suppression fee $175.00 2.Commercial fire suppression fee $275.00 3.Commercial fire alarm fee $275.00 4.Re-inspection fees $75.00 per hour (one-hour minimum). 5.Inspection fees for which no fire fee was assessed, per hour 75.00 per hour (one-hour minimum). 6.Fireworks Display $250.00 per event plus standby personnel as needed at $50.00 per hour, per staff member. 7.Flammable Liquid Storage Tanks $250.00 8.LP Gas Stationary Tanks $250.00 9.LP Portable Container Site (retail sales) $250.00 10. Theatrical Pyrotechnics Effects $250.00 plus standby personnel as needed at $50.00 per hour, per staff member. 11. Above Ground Storage Tank Removal $100.00 12. Repair of Existing Tank $100.00 13. Underground Storage Tank New $250.00 14. Underground Storage Tank Removal $150.00 Ordinance No.14-51,Page 7 Item 12 15. Mechanical Trench Burn $250.00 16. Controlled Access Systems $75.00 per system. Plus electrical permit and associated fees as required by the Building Inspections Office. 17. For use of outside consultants for inspections, actual costs. 18. After Hour Inspections $100.00 per hour (minimum one hour) 19. Standby personnel for fireworks displays and special events if deemed necessary in the interest public safety $55.00 per hour minimum two hours). The minimum number of personnel shall be set by the Fire Chief or Fire Marshal. 113.2.1 Plan review fees: 1.Plan review required by changes, additions or revisions to plans 47.00 per hour (one- hour minimum). 2.For use of outside consultants for plan review, actual costs. 3.For use of outside consultants for plan review, inspections, or both: actual costs. 113.2.3 Burn permit fees: 1.Contractors or property owners per occurrence (one acre minimum)$150.00 deposit required. If the Fire Department responds, and or extinguishes the fire for failure to comply with the conditions outlined on the permit. The deposit fee is non- refundable. 2.Agricultural/contractor/property owner (over one acre), per occurrence per day $150.00 . Section 113.3 shall be amended as follows: 113.3 Work commencing before permit issuance. Any person, firm, partnership, corporation, association, or other entity who commences any work, activity or operation regulated by this code before obtaining the necessary permits and or approval. Shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in the sum of not more than $2,000.00, and each day work continues shall constitute a separate and distinct violation. Section 202 shall be amended to add the following definitions: Addressable Fire Detection System. Any system capable of providing identification of each individual alarm-initiating device. The identification Ordinance No.14-51,Page 8 Item 12 shall be in plain English and as descriptive as possible to specifically identify the location of the device in alarm. The system shall have the capability of alarm verification. Analog Intelligent Addressable Fire Detection System. Any system capable of calculating a change in value by directly measurable quantities voltage, resistance, etc.) at the sensing point. The physical analog may be conducted at the sensing point or at the main control panel. The system shall be capable of compensating for long-term changes in sensor response while maintaining a constant sensitivity. The compensation shall have a preset point at which a detector maintenance signal shall be transmitted to the control panel. The sensor shall remain capable of detecting and transmitting an alarm while in maintenance alert. Self-Service Storage Facility. Real property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis. Standby Personnel. Qualified fire service personnel, approved by the Fire Chief or Fire Marshal When utilized, the number required shall be as directed by the Fire Chief or Fire Marshal. Charges for utilization shall be as normally calculated by the jurisdiction. Section 202 shall be amended to add or amend the following definitions: B] Ambulatory Health Care Facility. Buildings or portions thereof used to provide medical, surgical, psychiatric, nursing, or similar care on a less than 24 hour basis to persons who are rendered incapable of self- preservation. This group may include, but not be limited to the following: Dialysis centers Sedation dentistry Surgery center Colonic centers Psychiatric centers Atrium. An opening connecting three or more stories . . . {remaining text unchanged} Fire Watch. A temporary measure intended to ensure continuous and systematic surveillance of a building or portion thereof by one or more qualified individuals or standby personnel when required by the fire code official, for the purposes of identifying and controlling fire hazards, detecting early signs of unwanted fire, raising an alarm of fire and notifying the fire department. Fireworks. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration, detonation, and/or activated by ignition with a match or other Ordinance No.14-51,Page 9 Item 12 heat producing device that meets the definition of 1 AG fireworks or 1.3G fireworks as set forth herein. ...(remainder of text unchanged)... High-Piled Combustible Storage. Storage of combustible materials in closely packed piles or combustible materials on pallets, in racks or on shelves where the top of storage is greater than 12 feet (3658 mm) in height. When required by the fire code official, high-piled combustible storage also includes certain high-hazard commodities, such as rubber tires, Group A plastics, flammable liquids, idle pallets and similar commodities, where the top of storage is greater than 6 feet (1829 mm) in height. Any building exceeding 6,000 sq.ft. that has a clear height in excess of 14 feet, making it possible to be used for storage in excess of 12 feet, shall be considered to be high-piled storage. When a specific product cannot be identified, a fire protection system and life safety features shall be installed as for Class IV commodities, to the maximum pile height. High-Rise Building. A building with an occupied floor located more than 55 feet above the lowest level of fire department vehicle access. Repair Garage. A building, structure or portion thereof used for servicing or repairing motor vehicles. This occupancy shall also include garages involved in minor repair, modification and servicing of motor vehicles for items such as lube changes, inspections, windshield repair or replacement, shocks, minor part replacement and other such minor repairs. Section 202 shall be amended to add the following sentence to Manual Dry under STANDPIPE, TYPES OF: The system must be supervised as specified in Section 905.2. Section 307 shall be amended to read as follows: Section 307, Open Burning, All open burning shall first require an approved permit, and shall be conducted in a safe manner approved by the Fire Chief or Fire Marshal. Approved burn days shall determined by the respective county. Section 308.1. 1 shall be amended to add the following sentence: Unmanned free-floating devices containing an open flame or other heat source, such as but not limited to sky lanterns shall be prohibited. Section 308.3.4 shall be amended to read as follows: Section 308.3.4 Open-flame cooking devices. Open-flame cooking devices, charcoal grills and other similar devices used for cooking shall not be located or used on combustible balconies, decks, or within 10 feet 3048 mm) of any combustible construction. Ordinance No.14-51,Page 10 Item 12 Exceptions: 1.One- and two-family dwellings, except that LP-gas containers are limited to a water capacity not greater than 50 pounds (22.68 kg) nominal 20 pound (9.08 kg) LP-gas capacity] with an aggregate LP-gas capacity not to exceed 100 pounds (5 containers). 2.Where buildings, balconies and decks are protected by an approved automatic sprinkler system, except that LP-gas containers are limited to a water capacity not greater than 50 pounds (22.68 kg) [nominal 20 pound (9.08 kg) LP-gas capacity] with an aggregate LP-gas capacity not to exceed 40 pounds (2 containers). Section 308.1.6.2, Exception 3 shall be amended to read as follows: 3.Torches or flame-producing devices in accordance with Section 308.1.3. Section 311. 5 shall be amended to read as follows: 311.5 Placards. The fire code official is authorized to require marking of any vacant or abandoned buildings or structures determined to be unsafe to Section 110 of this code relating to structural or interior hazards, as required by Section 311.5.1 through 311.5.5. Section 315.3.1 shall be amended to read as follows: 311.5 Ceiling clearances. The fire code official is authorized to require the marking of any storage area known to be a common area for over stacking. Marking shall be a 1" red strip with "DO NOT STACK ABOVE THIS LINE." Section 401.9 shall be added to read as follows: 401.9 False Alarms and Nuisance Alarms. False alarms and nuisance alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in any manner. Section 401.9.1 shall be added to read as follows: Section 401.9.1 Violations. Shall be addressed per ordinance 11-49 or as amended. 501.4 Timing of installation. When fire apparatus access roads or a water supply for fire protection is required to be installed for any structure or development, they shall be installed, tested, and approved prior to the time of which construction has progressed beyond completion of the foundation of any structure. Ordinance No.14-51,Page 11 Item 12 Section 503.1.1 shall be amended to add the following: Except for one- or two-family dwellings, the path of measurement shall be along a minimum of a ten foot (10') wide unobstructed level pathway around the external walls of the structure and all barriers. A continuous row of parking between the fire lane and the structure shall be considered a barrier. Landscaping may also be considered a barrier based upon the location of type. The provisions of this section notwithstanding, fire lanes may be required to be located within thirty feet (30') of a building if deemed to be reasonably necessary by the Fire Chief or Fire Marshal to enable proper protection of the building. The use of a roadway designated as a major / minor thoroughfares or commercial collectors by the Town as a fire lane shall be prohibited. Fire lane and access easements shall be provided to serve all buildings through parking areas, to service entrances of buildings, loading areas and trash collection areas, and other areas deemed necessary to be available to fire and emergency vehicles. The Fire Chief or Fire Marshal is authorized to designate additional requirements for fire lanes where the same is reasonably necessary so as to provide access for fire and rescue personnel. Fire lanes provided during the platting process shall be so indicated on the plat as a fire lane easement. Where fire lanes are provided and a plat is not required, the limits of the fire lane shall be shown on a site plan and placed on permanent file with the Town Planning Department. No owner or person in charge of any premises served by a fire lane or access easement shall abandon, restrict or close any fire lane or easement without first securing from the Town of Prosper approval of an amended plat or other acceptable legal instrument showing the removal of the fire lane easement. Section 503.1.4 shall be added to read as follows: 503.1.4 Two points of access. A minimum two points of approved fire apparatus access shall be provided for each building, structure and subdivision. The two points of access shall be a minimum of 140 feet 140') apart as measured edge of pavement to edge of pavement. Section 503.1.5 shall be added to read as follows: Section 503.1.5 Residential subdivisions. The maximum dead-end cul-de-sac length shall not exceed six hundred feet (600') as measured from the centerline of the intersection street to the center point of the radius. Section 503.2.1 shall be amended to read as follows: Ordinance No.14-51,Page 12 Item 12 503.2.1 Dimensions. Fire apparatus access roads (also called fire lanes) shall have an unobstructed width of not less than 24 feet (7,315 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 14 feet (4,267 mm). Fire lane dimensions established by Appendix D, or other sections of this Code, shall be superseded by the criteria established by this section. The requirements of Section D105 shall remain unchanged. Section 503.2.2 shall be amended to read as follows: 503.2. 2 Authority. The code official shall have the authority to require an increase in the minimum access widths and vertical clearances where they are inadequate for fire or rescue operations. Section 503.2. 3 shall be amended to read as follows: 503.2.3 Surface. Construction of all fire lanes shall be in accordance with Town of Prosper Thoroughfare Design Manual and this section. Fire lanes shall be constructed of concrete surface capable of supporting the imposed loads of a 2-axle, 75,000 lb. fire apparatus. The design shall be based on the geotechnical investigation of the site, but shall meet the stated minimums. The fire lane shall be constructed with a minimum 6 in. thick, 3500 PSI concrete with steel reinforcing of No. 3 bars spaced 24 in. on centers in each direction. The base course thickness shall be a minimum of 6 in. in thickness and shall consist of lime or cement stabilization as recommended in the Geotechnical Report. Where lime or cement stabilization is not practical, the standard pavement thickness may be increased by 1 in. and a minimum of 6 in. flexible base course in lieu of treating the sub-grade with lime or cement. The base course shall consist of a minimum 6 in. flexible base course over a compacted sub-base to 95% Standard Proctor density, or 6 in. of asphalt base as approved by the City. Whenever forty percent (40%) of existing, non-conforming fire lanes are replaced within a twelve month period, the entire fire lane shall be replaced according to current standards. All fire lanes shall be maintained and kept in a good state of repair at all times by the owner and the Town of Prosper shall not be responsible for the maintenance thereof. It shall further be the responsibility of the owner Ordinance No. 14-51, Page 13 Item 12 to insure that all fire lane markings required by Section 503.3 be kept so that they are easily distinguishable by the public. Section 503.2.4 shall be amended as follows: 503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be in accordance with this section. Any such fire lane shall connect both ends to a dedicated public street or fire lane. Fire lanes exceeding 150 ft in length and not connected at both ends shall include an approved turnaround having a minimum outer radius of fifty feet (50') or as shown in the Town's Engineering Design Manuals. If two or more interconnecting lanes are provided, interior radius for that connection shall be required in accordance with the following: 24 foot (and up to 30 ft) fire lane — minimum radius 30 feet 30 foot fire lane— minimum radius 20 feet Fire lanes must have a 10 to 1 taper if transitioning from 30 ft to lesser width to allow a 20 ft radius. Fire lane dimensions established by Appendix D, or other sections of this Code, shall be superseded by the criteria established by this section. The requirements of Section D105 shall remain unchanged. Section 503.2.7 shall be amended as follows: 503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits established by the Town's Engineering Design Manuals. In no case shall the grades along a fire apparatus access road exceed the following: Along the Fire Apparatus Access Road — 6% (measured longitudinally) Cross Slope —4% Exception. The code official shall have the authority to adjust the grade along the fire lane when necessary for fire or rescue operations or based upon the hazard being protected or general topography of the lot. In no case shall the longitudinal grade exceed nine percent (9%). Or shall the cross slope exceed five percent (5%) Written approval from the fire code official shall be required. Section 503.2.8 shall be amended to read as follows: 503.2.8 Angles of approach and departure. The angles of approach and departure for fire apparatus access roads shall be within the limits established in the Town's Engineering Design Manuals. In no case shall the grades exceed the following: 1.Maximum Angle of Approach — 5% 2.Maximum Angle of Departure — 5% Ordinance No.14-51,Page 14 Item 12 Exception. The code official shall have the authority to adjust the grade along the fire lane when necessary for fire or rescue operations or based upon the hazard being protected or general topography of the lot. Written approval from the fire code official shall be required. Section 503.3 shall be amended to read as follows: 503.3 Marking. Striping, signs, or other markings, when approved by the fire code official, shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Striping, signs and other markings shall be maintained in a clean and legible condition at all times and shall be replaced or repaired when necessary to provide adequate visibility. 1.Striping — Fire apparatus access roads shall be continuously marked by painted lines of red traffic paint six inches (6") in width to show the boundaries of the lane. The words "NO PARKING FIRE LANE" or " FIRE LANE NO PARKING" shall appear in four inch (4") white letters at 25 foot (25') intervals on the red border markings along both sides of the fire lanes. Where a curb is available, the striping shall be on both the horizontal and vertical faces of the curb. 2.Signs — Signs shall read "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" and shall be twelve inches (12") wide and eighteen inches (18") high. Signs shall be painted on a white background with letters and borders in red, using not less than two-inch (2") lettering. Signs shall be permanently affixed to a stationary post and the bottom of the sign shall be six feet, six inches (6' 6") above finished grade. Signs shall be spaced not more than fifty feet (50) apart. Signs may be installed on permanent buildings or walls or as approved by the Fire Chief or Fire Marshal. Section 503.4 shall be amended to read as follows: 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles, whether attended or unattended for any period of time. The minimum widths and clearances established in Section 503.2.1 through 503.2.8 and any area marked as a fire lane as described in Section 503.3 shall be maintained clear at all times. Unoccupied vehicles or other obstructions in the fire lane may be removed or towed at the expense of the registered owner. The use of traffic control devices such as speed bumps and / or speed humps, or similar, shall not be used. 503.4.1 Fire Lane Violations Ordinance No.14-51,Page 15 Item 12 1.The registered owner of a vehicle parked or standing in a fire apparatus access road shall be presumed to be the violator and may be held jointly and severally liable for the violation. 2.A person, firm, partnership, corporation, association, or other entity shall be presumed to be the violator and may be held jointly and severally liable for the violation if the person, firm, partnership, corporation, association, or other entity is the owner of, custodian of, or otherwise exercises actual or apparent control over equipment, materials, or other objects obstructing a fire apparatus access road. 3.The owner, occupant, or leaseholder of the property or business directly adjacent to the portion of the fire apparatus access road obstructed shall be presumed to be the violator and may be held jointly and severally liable. Section 503.7 shall be added as follows: 503.7. Preemption device. When mechanically operated gates or barriers are provided, or required, across a fire apparatus access road, an approved emergency vehicle traffic preemption device shall be provided compatible with the fire department's apparatus. Section 505.1 shall be amended to read as follows: 505.1 Address Identification. Approved numerals of a minimum six inches (6") height and of a color contrasting with the background designating the address shall be placed on all new and existing buildings or structures in a position as to be plainly visible and legible from the street or road fronting the property and from all rear alleyways/access. Where buildings do not immediately front a street, approved six-inch (6") height building numerals or addresses and 3-inch (3") height suite/apartment numerals of a color contrasting with the background of the building shall be placed on all new and existing buildings or structures. Numerals or addresses shall be posted on a minimum twenty- inch by thirty-inch (20" X 30") background on border. Address numbers shall be Arabic numerals or alphabet letters. The minimum stroke width shall be 0.5 inches. Where access is provided by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign of means shall be used to identify the structure. Exception. R-3 Single Family occupancies shall have approved numerals of a minimum three and one-half inches (3- '/2") in height and a color contrasting with the background clearly visible and legible from the street fronting the property and rear alleyway where such alleyway exists. Ordinance No.14-51,Page 16 Item 12 Section 505.1.1 shall be added to read as follows: 505.1. 1 Utility shut-off and identification. All utilities shall have an exterior means of being disconnected by the Fire Department in case of an emergency. Approved numerals of minimum one-inch (1") height and of a color contrasting with the background shall be placed on gas and electrical meters serving all new and existing buildings or structures except R-3 occupancies. Section 507.4 shall be amended to read as follows: 507.4 Water supply test date and information. The water supply test used for hydraulic calculation of fire protection systems shall be conducted in accordance with NFPA 291 "Recommended Practice for Fire Flow Testing and Marking of Hydrants" and within one year of sprinkler plan submittal. The fire code official shall be notified prior to the water supply test. Water supply tests shall be witnessed by the fire code official as required. The exact location of the static/residual hydrant and the flow hydrant shall be indicated on the design drawings. All fire protection plan submittals shall be accompanied by a hard copy of the waterflow test report, or as approved by the fire code official. The report must indicate the dominant water tank level at the time of the test and the maximum and minimum operating levels of the tank, as well, or identify applicable water supply fluctuation. The licensed contractor must then design the fire protection system based on this fluctuation information, as per the applicable referenced NFPA standard. Section 507.5.1 shall be added to read as follows: 507.5.1 Where Required. 1.Spacing: As properties develop, fire hydrants shall be located at all intersecting streets and at the maximum spacing shall be every 300 feet (300) for all developments, and facilities other than R3. R-3 developments shall be every 500 feet (500) Distances between hydrants shall be measured along the route that fire hose is laid by a fire apparatus from hydrant to hydrant, not as the "crow flies." 2.Protected Properties: Fire hydrants required to provide a supplemental water supply for automatic fire protection systems shall be located within a 50 foot (50') hose lay of the fire department connection for such systems. 3.Fire Hydrant Locations: Fire hydrants shall be located 2 foot (2) to 6 foot (6') back from the curb or fire lane and shall not be located in the bulb of a cul-de-sac. 4.Minimum Number of Fire Hydrants: There shall be a minimum of two (2) fire hydrants serving each property within the prescribed Ordinance No.14-51,Page 17 Item 12 distances listed above. A minimum of one fire hydrant shall be located on each lot. 5.Fire Hydrant leads shall not exceed 100 feet from the main line connection. 6.No connection shall be allowed to a fire hydrant lead for domestic, irrigation or other use. Section 507.5.4 shall be amended to read as follows: 507.5.4 Obstruction. Unobstructed access to fire hydrants shall be maintained at all times. Posts, fences, vehicles, growth, trash, storage and other materials or objects shall not be placed or kept near fire hydrants, fire department inlet connections of fire protection system control valves in a manner that would prevent such equipment of fire hydrants from being immediately discernible. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants. Section 510.1 shall be amended to add the following: In all new and existing buildings in which the type of construction or distance from an operational emergency services antenna or dispatch site does not provide adequate frequency or signal strength as determined by the code official, the building owner shall be responsible for providing the equipment, installation and maintenance of said equipment in a manner to strengthen the radio signal. The radio signal shall meet the minimum input/output strengths set forth in this section, or according to the emergency radio system's provider and system manager. Section 509.1.2 shall be added to read as follows: 509.1.2 Sign Requirements. Unless more stringent requirements apply, lettering for signs required by this section shall have a minimum height of 2 inches (50.8 mm) when located inside a building and 4 inches (101.6 mm) when located outside, or as approved by the fire code official. The letters shall be of a color that contrasts with the background. Section 511 shall be added to read as follows: SECTION 511 FIRE PROTECTION & BUILDING SIGNAGE 511.1 Scope. The provisions of this chapter shall apply to the installation of directional, equipment and fire protection signage required by this section or other provisions of this code. 511.2 Requirements. All buildings and structures provided with an approved fire protection system, hazardous materials, high piled storage, fire department access or required by other provisions of this code, shall Ordinance No.14-51,Page 18 Item 12 be provided with signage in the locations set forth in Sections 511.4 through 511.13 and shall be approved by the fire code official prior to installation. Exception. This section shall not require existing buildings to be provided with the required signage unless the building is renovated, altered or as otherwise required by the fire code official or other provisions of this code. 511.3 Sign Specifications. All signs required by this section shall be in accordance with the following specifications, unless otherwise noted. 1. Minimum size of 12 in. x 12 in. 2. Constructed of a minimum 0.080 aluminum sheet with a minimum 0.75 radius corners. 3. Font style shall be Arial, with all letters capitalized, minimum 3 in. lettering and '/2 in. width. 4. Sign face shall be traffic red. 5. Lettering and/or graphics shall be white and reflective. Exceptions: 1. When the sign is to be located within the interior of a building is not required to be reflective. 2. The fire code official may approve alternate methods and material. 511.4 Fire Department Connection. All buildings provided with an approved automatic fire sprinkler system requiring a Fire Department Connection (FDC), shall indicate the location of the FDC with appropriate signage. The FDC connection shall be a 5 inch (5") Stortz connection with a 30 degree downward turn, and locking cap. One Storz key shall be furnished to the Fire Department for new installations. 1. Building and structures in which multiple FDC's will be located within the same subdivision, shall also indicate numerical address, suite numbers served or other description as approved by the fire code official. 2. When multiple FDC's are provided at a common location to serve different types of fire protection systems, the sign shall further indicate the type of fire protection system served. 3. Where the FDC does not serve the entire building, a sign shall be provided indicating the portions of the building served. 4. Fire lines exceeding 100 feet shall be required to install a backflow preventer in a concrete vault near the fire service line connection to the Town's re-circulating water line. 5. The Town Fire Marshal shall approve the construction plans for the vault, fittings, valves, double detector check, etc. and will issue a separate permit for fire sprinkler systems. Ordinance No.14-51,Page 19 Item 12 511.4.1 Wall Mounted FDC. Wall mounted FDC's shall have a sign mounted 5 - 7 feet above grade directly over the FDC. Exception. If the FDC is located such that it may be difficult to readily locate, the inclusion of a directional arrow or additional signage may be required. 511.4.2 Yard Mounted FDC. For fire protection systems supplies by a remotely mounted FDC, a sign shall be permanently mounted as following: 1. Sign shall be located directly adjacent to the FDC. 2. Shall be mounted on a sign post that extends a minimum of 6 feet (6) above grade. 3. The numerical street number shall be included. 511.4.3 FDC Protection. All FDC's shall have an 8 in. x 12 in. sign that reads "DO NOT BLOCK — BY ORDER OF FIRE MARSHAL" placed directly over the FDC. 511.5 Fire Protection Equipment Rooms. Room containing fire sprinkler riser assemblies and control equipment shall be identified with a 12 in. x 12 in. sign that reads "RISER ROOM." In the fire alarm system control panel and/or other fire protection equipment is located within the same room, the sign shall include lettering identifying all equipment located therein. 511.5.1. Multiple Riser Identification. When multiple risers are located within the same room, or in different locations within the same building, signs shall be provided to indicate the zone or floor served by the riser assembly, or the type of system serving the zone or floor. Signs shall be 8 in. X 4 in. with 2 in. lettering. 511.6 Fire Pump Test Header. When a fire pump is provided as part of the fire protection system, a sign shall be provided to differentiate the test header from other equipment. Signs shall be a minimum 8 in. x 6 in. with 2 in. lettering that reads "FIRE PUMP TEST HEADER." 511.7 Roof Access. For buildings and structures were roof access is not provided from the exterior of the building, a sign shall be provided on the door or room containing the access point. Sign shall be 8 in. x 6 in. with 2 in. lettering that reads "ROOF ACCESS." 511.8 Post Indicator Valves. When a Post Indicator Valve (PIV) is provided as part of the fire protection system, signs shall be provided to indicate the riser and/or zone controlled by the valve. Signs shall be located directly adjacent to the control valve and shall be either mounted on a sign post or affixed to the exterior of the building. 511.9 Fire Department Access. In the event that fire department access systems are so located in an area that is not readily identifiable, or as Ordinance No.14-51,Page 20 Item 12 required by the fire code official, signs shall be provided and located as directed by this section or the fire code official. 511.9.1 Access Gates. When pedestrian access gates are provided, or otherwise required, in order to provide access to a building or facility, a minimum 8 in. x 6 in. sign shall be provided on the gate that reads "F.D. ACCESS." 511.9.2 Automatic Access Gates. When automatic or manual access gates are provided across a fire lane or entry/egress points to a residential subdivision, or otherwise required, in order to provide access to a building, facility or residential subdivision, a minimum 8 in. x 6 in. sign shall be provided on the gate that reads "F. D. ACCESS." 511.9.3 Emergency Access Easements. When automatic or manual access gates are provided across an emergency access easement or fire lane to a residential subdivision, or otherwise required a minimum 8 in. x 6 in. sign shall be provided on the gate that reads "F.D. ACCESS." 511.10 Hazardous Materials. When required by other sections of the fire code, or the fire code official, an NFPA 704 shall be posted at a location on the premise as approved by the fire code official. The entire sign shall be made of a reflective material Exception. Construction requirements of this section shall not apply, with the exception the sign must be reflective and a minimum of 12 in. x 12 in. 511.11 High-Piled Storage. When high piled combustible storage, in accordance with Chapter 23, is present within a building or structure, marking shall be provided as set forth in Section 511.11.1 through 511.11.3. 511.11.1 Striping. A 6 in. wide traffic red strip with 4 in. white lettering, OR 6 in. yellow strip with black lettering shall be provided in all areas in which storage exceeds 12 ft., or as required by the fire code official, around the perimeter of the designed storage area. The top of the strip shall indicate the maximum storage height, and shall read as follows "NO STORAGE PERMITTED ABOVE THIS LINE" at 25 ft. intervals. Exception. When permitted by the fire code official, 6 in. wide red or yellow striping with no text may be allowed on the rack structures for non-publicly accessible areas where permanent signs are provided along the walls and racks per Section 511.11.2. 511.11.2 Signs. Permanent signs shall be placed on the ends of alternative racks to indicate "MAX. STORAGE HEIGHT XX FEET' or "NO STORAGE ABOVE THIS SIGN," for racks and areas in which a wall is not adjacent to the storage array. Signs shall be 12 in. x 12 in. with 2 in. lettering, or other means as approved. Ordinance No.14-51,Page 21 Item 12 511. 12 Flammable and Combustible Liquids. When required by this section or other sections of the fire code, signs shall be provided as follows to identify the content of the material stored or used. Signs shall be 8 in. x 6 in. with 2 in. lettering. 511.13 Fire Command Room. When a fire command room is provided, an 8 in. x 8 in. sign with 2 in. lettering shall be provided to read "FIRE COMMAND ROOM." Section 603.3. 2.1 Exception shall be amended to read as follows: Exception. The aggregate capacity limit shall be permitted to be increased to 3,000 gallons (11,356 L) in accordance with all requirements of Section 3404.2.9.5.1 and Chapter 34. Section 603.3.2.2 shall be amended to read as follows: 603.3.2.2 Restricted use and connection. Tanks installed in accordance with Section 603.3.2 shall be used only to supply fuel oil to fuel-burning equipment installed in accordance with Section 603.3.2.4. Connections between tanks and equipment supplied by such tanks shall be made using closed piping systems. Section 604 shall be amended to read as follows: SECTION 604 EMERGENCY AND STANDBY POWER SYSTEMS 604.1 Installation. Emergency and standby power systems required by this code or the International Building Code shall be installed in accordance with this code, NFPA 110 and 111. Existing installations shall be maintained in accordance with the original approval, except as specified in Chapter 11. 604.1. 1 Stationary generators. Stationary emergency and standby power generators required by this code shall be listed in accordance with UL 2200. 604.1.2 Critical Operations Power Systems (COPS). For Critical Operations Power Systems necessary to maintain continuous power supply to facilities or parts of facilities that require continuous operation for the reasons of public safety, emergency management, national security, or business continuity, see NFPA 70. 604.2 Where required. Emergency and standby power systems shall be provided where required by Sections 604.2.1 through 604.2.24 or elsewhere identified in this code or any other referenced code. 604.2.1 Emergency voice/alarm communications systems. Emergency power shall be provided for emergency voice/alarm Ordinance No.14-51,Page 22 Item 12 communications systems in the following occupancies, or as specified elsewhere in this code, in accordance with Section 907.5.2.2.5. 1. Covered and Open Malls, Section 604.2. 13 2. Group A occupancies, Sections 907.2.1. 1 and 907.5.2.2.4. 3. Special Amusement buildings, Section 907.2. 12. 3 4. High rise buildings, Section 907.2.13 5. Atriums, Section 907.2.14 6. Deep Underground buildings, Section 907.2.19 604.2. 2 Smoke control systems. Standby power shall be provided for smoke control systems in the following occupancies, or as specified elsewhere in this code, in accordance with Section 909.11: 1. Covered mall building, International Building Code, Section 404.5 2. Atriums, International Building Code, Section 404.7 3. Underground buildings, International Building Code, Section 405.5 4. Group 1-3, International Building Code, Section 408.9 5. Stages, International Building Code, Section 410.3.7.2 6. Special Amusement buildings (as applicable to Group A's), International Building Code, Section 411.1 7. Smoke protected seating, Section 1028.6.2.1 604.2.3 Exit signs. Emergency power shall be provided for exit signs in accordance with Section 1011.6.3. (90 minutes) 604.2.4 Means of egress illumination. Emergency power shall be provided for means of egress illumination in accordance with Section 1006.3. (90 minutes) 604.2.5 Accessible means of egress elevators. Standby power shall be provided for elevators that are part of an accessible means of egress in accordance with Section 1007.4. 604.2.6 Accessible means of egress platform lifts. Standby power in accordance with this section or ASME A18.1 shall be provided for platform lifts that are part of an accessible means of egress in accordance with Section 1007.5 604.2.7 Horizontal sliding doors. Standby power shall be provided for horizontal sliding doors in accordance with Section 1008.1.4. 3. 604.2.8 Semiconductor fabrication facilities. Emergency power shall be provided for semiconductor fabrication facilities in accordance with Section 2703.15. 604.2.9 Membrane structures. Emergency power shall be provided for exit signs in temporary tents and membrane structures in accordance with Ordinance No.14-51,Page 23 Item 12 Section 3103.12.6.1. (90 minutes) Standby power shall be provided for auxiliary inflation systems in permanent membrane structures in accordance with the International Building Code. (4 hours) 604.2.10 Hazardous materials. Emergency or standby power shall be provided in occupancies with hazardous materials in accordance with Section 5004.7 and 5005.1.5. 604.2.11 Highly toxic and toxic materials. Emergency power shall be provided for occupancies with highly toxic or toxic materials in accordance with Sections 6004.2.2. 8 and 6004.3.4.2. 604.2.12 Organic peroxides. Standby power shall be provided for occupancies with organic peroxides in accordance with Section 6204.1.11. 604.2.13 Covered and open mall buildings. (no change). 604.2.14 High-rise buildings. (no change). 604.2.15 Underground buildings. (no change). 604.2.16 Group 1-3 occupancies. (no change). 604.2.17 Airport traffic control towers. (no change). 604.2.18 Elevators. (no change). 604.2.19 Smokeproof enclosures and Stair Pressurization Alternative. Standby power shall be provided for smokeproof enclosures, stair pressurization alternative and associated automatic fire detection systems as required by the International Building Code, Section 909.20.6.2. 604.2.20 Elevator pressurization. Standby power shall be provided for elevator pressurization system as required by the International Building Code, Section 909.21.5. 604.2.21 Elimination of Smoke Dampers in Shaft Penetrations. Standby power shall be provided when eliminating the smoke dampers in ducts penetrating shafts in accordance with the International Building Code, Section 717.5.3, exception 2. 3. 604.2.22 Common exhaust systems for clothes dryers. Standby power shall be provided for common exhaust systems for clothes dryers located in multistory structures in accordance with the International Mechanical Code Section 504.8, item 7. 604.2.23 Hydrogen Cutoff Rooms. Standby power shall be provided for mechanical ventilation and gas detection systems of Hydrogen Cutoff Rooms in accordance with the International Building Code, Section 421.8. Ordinance No.14-51,Page 24 Item 12 604.2.24 Means of Egress Illumination in Existing Buildings. Emergency power shall be provided for means of egress illumination in accordance with Section 1104.5 and 1104.5.1 when required by the fire code official. (90 minutes in 1-2, 60 minutes elsewhere.) 604.3 Energy time duration. Unless a time limit is specified by the fire code official, in this chapter or elsewhere in this code, or in any other referenced code or standard, the emergency and standby power system shall be supplied with enough fuel or energy storage capacity for not less than 2-hour full-demand operation of the system. Exception: Where the system is supplied with natural gas from a utility provider and is approved. 604.4 Maintenance. (no change). 604 5 Operational inspection and testing. (no change). 604.6 Emergency lighting equipment. (no change). 604.7 Supervision of maintenance and testing. (no change). Section 704.1 shall be amended to read as follows: 704.1 Enclosure. Interior vertical shafts, including but not limited to stairways, elevator hoist ways, service and utility shafts, that connect two or more stories of a building shall be enclosed or protected in accordance with the codes in effect at the time of construction but, regardless of when constructed, not less than as required in Chapter 46. New floor openings in existing building shall comply with the International Building Code. Section 705 shall be added to read as follows: Section 705 Multiple Occupancy Buildings 705.1 Scope. The provisions of this chapter shall apply to all buildings and structures where more than one (1) occupancy is located within same building or structure. 705.2 Separation. Each occupancy shall be separated from adjoining occupancies by a minimum one-hour fire rated demising wall or assembly, constructed in accordance with the International Building Code. Section 807.4.3.2 shall be amended to read as follows: 807.4.3.2 Artwork. Artwork and teaching materials shall be limited on the walls of corridors to not more than 20 percent of the wall area and on Ordinance No.14-51,Page 25 Item 12 the walls of classrooms to not more than 50 percent of each wall area. Such materials shall not be continuous from floor to ceiling or wall to wall. Curtains, draperies, wall hangings and other decorative material suspended from the walls or ceilings shall meet the flame propagation performance criteria of NFPA 701 in accordance with Section 807 or be noncombustible. Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1. 1 shall be limited to 50 percent (50%) of the wall area. Section 807.4.4.2 shall be amended to read as follows: 807.4.4.2 Artwork. Artwork and teaching materials shall be limited on the walls of corridors to not more than 20 percent of the wall area and on the walls of classrooms to not more than 50 percent of each wall area. Such materials shall not be continuous from floor to ceiling or wall to wall. Curtains, draperies, wall hangings and other decorative material suspended from the walls or ceilings shall meet the flame propagation performance criteria of NFPA 701 in accordance with Section 807 or be noncombustible. Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1. 1 shall be limited to 50 percent (50%) of the wall area. Section 901.5 shall be amended to add the following: All required tests shall be conducted by and at the expense of the owner or his representative. The Fire Department shall not be held responsible for any damages incurred in such test. Where it is required that the Fire Department witness any such test, such test shall be scheduled with a minimum of 48 hour notice to the Fire Marshal or his representative. Section 901.6.2 shall be added to read as follows: 901.6.2 Standpipe Testing. Building owners/managers must utilize a licensed fire protection company to maintain and test standpipe systems as per NFPA 25 requirements. The following additional requirements shall be applied to the testing that is required every 5 years: The piping between the Fire Department Connection (FDC) and the standpipe shall be hydrostatically tested for all FDC's on any type of standpipe system. Hydrostatic testing shall also be conducted in accordance with NFPA 25 requirements for the different types of standpipe systems. For any manual (dry or wet) standpipe system not having an automatic water supply capable of flowing water through the standpipe, the contractor Ordinance No.14-51,Page 26 Item 12 shall connect hose from a fire hydrant or portable pumping system (as approved by the fire code official) to each FDC, and flow water through the standpipe system to the roof outlet, or farthest interior outlet, to verify that each inlet connection functions properly. There is no required pressure criteria at the outlet. Verify that check valves function properly and that there are no closed control valves on the system. Any pressure relief, reducing, or control valves shall be tested in accordance with the requirements of NFPA 25. All hose valves shall be exercised. If the FDC is not already provided with approved locking caps, the contractor shall install such locking caps for all FDC's as required by the fire code official. Upon successful completion of standpipe test, the contractor shall place a blue tag (as per "Texas Administrative Code, Fire Sprinkler Rules for Inspection, Test and Maintenance Service (ITM) Tag") at the bottom of each standpipe riser in the building. The tag shall be check-marked as Fifth Year" for Type of ITM, and the note on the back of the tag shall read 5 Year Standpipe Test" at a minimum. The procedures as required by "Texas Administrative Code, Fire Sprinkler Rules" with regard to Yellow Tags and Red Tags or any deficiencies noted during the testing, including the required notification of the local Authority Having Jurisdiction (fire code official) shall be followed. Additionally, records of the testing shall be maintained by the owner and contractor, if applicable, as required by the State Rules mentioned above and NFPA 25. Standpipe system tests where water will be flowed external to the building shall not be conducted during freezing conditions or during the day prior to expected night time freezing conditions. Contact the fire code official for requests to remove existing fire hose from Class II and III standpipe systems where employees are not trained in the utilization of this firefighting equipment. All standpipe hose valves must remain in place and be provided with an approved cap and chain when approval is given to remove hose by the fire code official. Section 901.7 shall be amended to replace the first paragraph as follows: 901.7 Systems out of service. Where a required fire protection system is out of service or in the event of an excessive number of activations, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service. Ordinance No.14-51,Page 27 Item 12 Section 901.9 shall be added as follows: 901.9 Discontinuation or change of service. Notice shall be made to the fire code official whenever contracted alarm services for monitoring of any fire alarm system is terminated for any reason, or a change in alarm monitoring provider occurs. Notice shall be made in writing to the fire code official by the building owner and alarm service provider prior to the service being terminated. Section 903.1. 1 shall be amended to read as follows: 903.1.1 Alternative protection. Alternative automatic fire-extinguishing systems complying with Section 904 shall be permitted in addition to automatic sprinkler protection where recognized by the applicable standard or as approved by the fire code official. Section 903.1.2 shall be added to read as follows: 903.1.2 Spray booths and rooms. New and existing spray booths and spray rooms shall be protected by an approved automatic fire- extinguishing system in accordance with Chapter 9. Section 903.1.2 shall be added to read as follows: 903.1.2 Residential systems. Unless specifically allowed by this Code or the International Building Code, residential sprinkler systems installed in accordance with NFPA 13R shall not be recognized for the purposes of modifications, exceptions or reductions, commonly referred to as "trade- offs," permitted by other requirements of this Code or the Chapter 5 of the International Building Code. Residential sprinkler system installed in accordance with NFPA 13R shall include attic sprinkler protection to be recognized for the purposes of such trade-offs permitted by other requirements of this Code, or for modifications permitted under Chapter 5 of the International Building Code. One and two family dwellings, mobile homes and townhomes shall not be governed by this ordinance. Refer to Town Ordinance No. 04-98 for fire sprinkler requirements. Section 903.2 shall be amended to read as follows: 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12. Automatic sprinklers shall not be installed in elevator machine rooms, elevator machine spaces and elevator hoist ways. Storage shall not be allowed within the elevator machine rooms. Signage shall be provided at the entry doors to the elevator machine rooms indicating "ELEVATOR MACHINERY — NO STORAGE ALLOWED.' Section 903.2 shall be amended to delete the exception. Ordinance No.14-51,Page 28 Item 12 Section 903.2.7 Group R is retained from Town Ordinance No. 04-98, the International Fire Code, 2003 Edition. Section 903.2.9. 3 shall be added as follows: 903.2.9.3 Self-service storage facility. An approved automatic sprinkler system shall be installed throughout all self-service storage facilities. Section 903.2.9.3.1 shall be added as follows: 903.2.9.3.1. Vertical storage limits. A screen shall be installed at eighteen inches (18") below the level of the sprinkler heads to restrict storage above that level. This screen shall be a mesh of not less than one inch (1") nor greater than six inches (6") in size. The screen and its supports shall be installed such that all elements are at least eighteen inches (18") below any sprinkler heads, measured from the level of the sprinkler deflector. 903.2. 9. 3.1. Self-service storage facility. An approved fire alarm system shall be installed throughout all self-service storage facilities. This shall include visual, audible, heat, and smoke detection. Section 903.2.10.3 Buildings more than 35 feet in height is retained from Town Ordinance No. 04-98, the International Fire Code, 2003 Edition. Section 903.2.11.3 shall be amended to read as follows: 903.2.11.3 Buildings more than 35 feet in height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with Section 1509 of the International Building Code, that is located 35 feet (10,668mm) or more above the lowest level of fire department vehicle access. Exceptions: Open parking structures in compliance with Section 406.5 of the International Building Code. Sections 903.2.11.7 shall be added to read as follows: 903.2.11.7 High-piled combustible storage. For any building with a clear height exceeding 12 feet (4,572 mm), see Chapter 23 to determine if those provisions apply. Sections 903.2.11.8 shall be added to read as follows: 903.2.11.8 Spray booths and rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic sprinkler system and/or an approved automatic fire-extinguishing system in accordance with Chapter 9 and Section 1504. Ordinance No.14-51,Page 29 Item 12 Sections 903.2.11.9 shall be added to read as follows: 903.2.11.9 Buildings over 5,000 sq. ft. An automatic sprinkler system shall be installed throughout all buildings with a building area over 5,000 sq. ft. For the purpose of this provision, fire walls shall not define separate buildings. Building area is defined by the reflection of the roof, commonly referred to as "drip line." Exceptions: 1.Open parking garages in compliance with Section 406.3 of the International Building Code, when all of the following conditions apply: a.The structure is freestanding. b.The structure does not contain any mixed uses, accessory uses, storage rooms, electrical rooms or spaces used or occupied for anything other than motor vehicle parking. C.The structure does not exceed 3 stories. d.An approved fire apparatus access road is provided around the entire perimeter of the structure. Section 903.3.1.1. 1 shall be amended to read as follows: 903.3.1.1.1 Exempt locations. When approved by the fire code official, automatic sprinklers shall not be required in the following rooms or areas where such . . . (bulk of section unchanged) . . . because it is damp, of fire-resistance-rated construction or contains electrical equipment. 1.Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2.Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the code official. 3.Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance rating of not less than 2 hours. 4.Elevator machine rooms, machinery spaces and hoistways, other than pits where such sprinklers would necessitate shunt trip requirements under any circumstances. Section 903.3.1.2.2 shall be amended to read as follows: Section 903.3.1.2.2 Attics, Open Breezeways, and Attached Garages. Sprinkler protection is required in attic spaces of such buildings two or more stories in height, open breezeways, and attached garages. Ordinance No.14-51,Page 30 Item 12 Section 903.3.5 shall be amended to add a second paragraph to read as follows: Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every fire protection system shall be designed with a 10 psi safety factor. Reference Section 507.4 for additional design requirements. Section 903.4 shall be amended to add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. Section 903.4.2 shall be amended to add a second paragraph to read as follows: The alarm device required on the exterior of the building shall be a weatherproof horn/strobe notification appliance with a minimum 75 candela strobe rating, installed as close as practicable to the fire department connection. Section 903.7 shall be added to read as follows: Section 903.7 Automatic Sprinkler System Room Access. Sprinkler system risers providing protection for buildings with multiple tenant spaces and/or occupancies must be located in a ground floor room directly accessible from the exterior of the building. The door must be labeled as the "RISER ROOM." Buildings with a single occupancy may access the riser location from the interior of the building. The minimum size of the room shall be 36 sq. ft., with the minimum dimension being 6 ft. When approved by the fire code official, smaller rooms may be permitted. Section 905.2 shall be amended to read as follows: 905.2 Installation standard. Standpipe systems shall be installed in accordance with this section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low alarm. Section 905.3.9 shall be added to read as follows: 905.3. 9. Building Area. In buildings exceeding 10,000 square feet in area per story, Class I automatic wet or manual wet standpipes shall be Ordinance No.14-51,Page 31 Item 12 provided where any portion of the building's interior area is more than 200 feet (60,960 mm) of travel, vertically and horizontally, from the nearest point of fire department vehicle access. Exception: Automatic dry and semi-automatic dry standpipes are allowed as provided for in NFPA 14. Section 905.3.9.1 shall be added to read as follows: 905.3.9.1 Class I standpipes shall also be required in all occupancies in which the distance from accessible points for Fire Department ingress to any area within the structure exceeds two hundred fifty feet (250') along the route a fire hose is laid as measured from the fire lane as a single route. Section 905.4, Item 5, shall be amended to read as follows: 5.Where the roof has a slope less than four units vertical in 12 units horizontal (33.3 percent slope), each standpipe shall be provided with a two-way hose connection located to serve the roof or at the highest landing of a stairway with stair access to the roof provided in accordance with Section 1009.16. An additional hose connection shall be provided at the top of the most hydraulically remote standpipe for testing purposes. Section 905.4 shall be amended to add item 7 to read as follows: 7.When required by this Chapter, standpipe connections shall be placed adjacent to all required exits to the structure and at two hundred foot (200') intervals along major corridors thereafter, or as otherwise approved by the fire code official. Section 905.9 shall be amended to add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. Section 907.1.4 shall be added to read as follows: 907.1.4. Design Standards. All alarm systems new or replacement shall be addressable. Alarm systems serving more than 20 smoke detectors shall be analog addressable. Riser rooms shall be equipped with an annunciator panel. Exception: Existing systems need not comply unless the total building remodel or expansion initiated after the effective date of Ordinance No.14-51,Page 32 Item 12 this code, as adopted, exceeds 30% of the building. When cumulative building remodel or expansion exceeds 50% of the building, must comply within 18 months of permit application. Section 907.2.1 shall be amended to read as follows: 907.2.1 Group A. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.6 shall be installed in Group A occupancies having an occupant load of 300 or more persons or more than 100 persons above or below the lowest level of exit discharge. Portions of Group E occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for the Group E occupancy. Activation of fire alarm notification appliances shall: 1.Cause illumination of the means of egress with light of not less than 1 foot-candle (11 lux) at the walking surface level, and 2.Stop any conflicting or confusing sounds and visual distractions. Section 907.2.3 shall be amended to read as follows: 907.2.3 Group E. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.6 shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. Unless separated by a minimum of one hundred feet (100') of open space, all buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems. Section 907.2.3 shall be amended to amend Exception 1 and to add Exception 1. 1 to read as follows: Exceptions: 1. A manual fire alarm system is not required in Group E educational and day care occupancies with an occupant load of less than 50 when provided with an approved automatic sprinkler system. 1. 1. Residential In-Home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms. For care of more than five children 2 1/2 or less years of age, see Section 907.2. 6.) Section 907.2.13, Exception 3 shall be amended to read as follows: Open air portions of buildings with an occupancy in Group A-5 in accordance with Section 303.1 of the International Building Code; Ordinance No.14-51,Page 33 Item 12 however, this exception does not apply to accessory uses including but not limited to sky boxes, restaurants and similarly enclosed areas. Section 907.4.2.7 shall be added to read as follows: Section 907.4.2.7 Type. Manual alarm initiating devices shall be an approved double action type. Section 907.6.1.1 shall be added to read as follows: 907.6.1.1 Wiring Installation. All fire alarm systems shall be installed in such a manner that a failure of any single initiating device or single open in an initiating circuit conductor will not interfere with the normal operation of other such devices. All signaling line circuits (SLC) shall be installed in such a way that a single open will not interfere with the operation of any addressable devices (Class A). Outgoing and return SLC conductors shall be installed in accordance with NFPA 72 requirements for Class A circuits and shall have a minimum of four feet separation horizontal and one foot vertical between supply and return circuit conductors. The initiating device circuit (IDC) from an addressable input (monitor) module may be wired Class B, provided the distance from the addressable module to the initiating device is ten feet or less. All fire alarm wire shall be red in color. 907.5.3 Shall be added to read as follows: Occupant notification in accordance with this section and 907.5 shall be required for all new construction, or existing construction complying with the International Building Code, for renovations to existing buildings, tenant spaces, changes in occupancy, replacement or modification of the existing fire alarm system, or as required by the fire code official, for all buildings or spaces provided with an approved automatic sprinkler system. 907.6.6 shall be added to read as follows: 907.6.6 Waterflow Notification. When required by Section 903.4.2, an exterior audible and visible notification device shall be provided on the exterior of the building and shall be located above the Fire Department Connection. The notification device shall operate on a waterflow alarm only, shall be non-silenceable and shall continue to operate after the panel is silenced on the condition the alarm was a waterflow alarm only. The notification device shall be wired from the fire alarm control panel as a dedicated latching circuit. Minimum candela rating for the notification device shall be 75 (cd) candela. 907.6.5.3 shall be added to read as follows: 907.6.5.3 Communication requirements. All alarm systems, new or replacement, shall transmit alarm, supervisory and trouble signals descriptively to the approved central station, remote supervisory station or proprietary supervising station as defined in NFPA 72, with the correct Ordinance No.14-51,Page 34 Item 12 device designation and location of addressable device identification. Alarms shall not be permitted to be transmitted as a General Alarm or Zone condition. Section 907.10 shall be added to read as follows: 907.10. Fire extinguishing systems. Automatic fire-extinguishing systems shall be connected to the building fire alarm system where a fire alarm system is required by another section of this code or is otherwise installed. RESERVED Section 910.1, Exception 2, shall be amended to read as follows: 2.Where areas of buildings are equipped with early suppression fast-response (ESFR) sprinklers, only manual smoke and heat vents shall be required within these areas. Automatic smoke and heat vents are prohibited. Section 910.2.3 shall be added to read as follows: 910.2.3 Group H. Buildings and portions thereof used as a Group H occupancy as follows: 1.In occupancies classified as Group H-2 or H- 3, any of which are more than 15,000 square feet (1,394 m2) in single floor area. Exception: Buildings of noncombustible construction containing only noncombustible materials. 2.In areas of buildings in Group H used for storing Class 2, 3 and 4 liquid and solid oxidizers, Class 1 and unclassified detonable organic peroxides, Class 3 and 4 unstable (reactive) materials, or Class 2 or 3 water-reactive materials as required for a high-hazard commodity classification. Exception: Buildings of noncombustible construction containing only noncombustible materials. Section 910.2.4 shall be added to read as follows: 910.2.4 Exit access travel distance increase. Buildings and portions thereof used as a Group F-1 or S-1 occupancy where the maximum exit access travel distance is increased in accordance with Section 1016.3. Table 910.3 shall be amended as follows: Change the title of the first row of the table from "Group F-1 and S-1" to include "Group H," to now read as follows: Group H, F-1, S-1. Ordinance No.14-51,Page 35 Item 12 Section 910.3.2.2 shall be amended by adding a second paragraph to read as follows: The automatic operating mechanism of the smoke and heat vents shall operate at a temperature rating at least 100 degrees F° (38 degrees CO) greater than the temperature rating of the sprinklers installed. Section 910.3 shall be amended to read as follows: 910.3.1 Design. Smoke and heat vents shall be listed and labeled to indicate compliance with UL 793. 910.3. 2 Vent operation. Smoke and heat vents shall be capable of being operated by approved automatic and manual means. Automatic operation of smoke and heat vents shall conform to the provisions of Sections 910.3.2.1 through 910.3.2. 3. 910.3.2.1 Gravity-operated drop out vents. Automatic smoke and heat vents containing heat-sensitive glazing designed to shrink and drop out of the vent opening when exposed to fire shall fully open within 5 minutes after the vent cavity is exposed to a simulated fire represented by a time- temperature gradient that reaches an air temperature of 500°F (260°C) within 5 minutes. 910.3.2.2 Sprinklered buildings. Where installed in buildings equipped with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically. The automatic operating mechanism of the smoke and heat vents shall operate at a temperature rating at least 100 degrees F (approximately 38 degrees Celsius) greater than the temperature rating of the sprinklers installed. 910.3.2.3 Nonsprinklered buildings. Where installed in buildings not equipped with an approved automatic sprinkler system, smoke and heat vents shall operate automatically by actuation of a heat-responsive device rated at between 100°F (56°C) and 220°F (122°C) above ambient. Exception: Gravity-operated drop out vents complying with Section 910.3.2.1. 910.3.3 Vent dimensions. The effective venting area shall not be less than 16 square feet (1.5 m2) with no dimension less than 4 feet (1219 mm), excluding ribs or gutters having a total width not exceeding 6 inches 152 mm). Section 912.2.1 shall be amended to add the following: Where an approved fire lane is provided on site in order to provide fire department vehicle access to a building or structure, the fire department connection shall be located such that it faces the fire lane. Section 912.2.3 shall be added as follows: Ordinance No.14-51,Page 36 Item 12 Section 912.2.3 Hydrant distance. An approved fire hydrant shall be located within 50 feet (50') of the fire department connection as the hose lays. Section 912.4 shall be amended to read as follows: 912.4 Signs. Signs in accordance with Section 511 shall be mounted on all fire department connections serving automatic sprinklers, standpipes or fire pump connections. Where the fire department connection does not serve the entire building, a sign shall be provided indicating the portions of the building served. Section 913.1 shall be amended by adding a second paragraph to read as follows: When located on the ground level at an exterior wall, the fire pump room shall be provided with an exterior fire department access door that is not less than 3 feet (3') in width and six feet eight inches (6' 8") in height, regardless of any interior doors that are provided. A key box shall be provided at this door, as required by Section 506.1. Exception: When it is necessary to locate the fire pump room on other levels or not at an exterior wall, the corridor leading to the fire pump room access from the exterior of the building shall be provided with equivalent fire resistance as that required for the pump room, or as approved by the fire code official. Access keys shall be provided in the key box as required by Section 506.1. Chapter 10 shall be amended as follows: Chapter 10: Sections 1001 through 1029; replace all references to "fire code official" with "building official." Section 1004.1.2 shall be amended as follows: Delete exception. Section 1007.1, Exception 4 shall be added to read as follows: Buildings regulated under State Law and built in accordance with State registered plans, including any variances or waivers granted by the State, shall be deemed to be in compliance with the requirements of Section 1007. Section 1007.5 shall be amended as follows: 1007.5 Platform lifts. Platform (wheelchair) lifts . . . required accessible route in Section 1109.8, Items 1 through 10. Standby power . . remainder unchanged) Ordinance No. 14-51,Page 37 Item 12 Section 1008.1.9.8 shall be amended to add the following: 7.Doors shall be equipped with panic and fire exit hardware controlling a manual switch under the bar that will unlock the door. All wiring and circuitry to the switch and power unit shall be fail- safe. 8.If a full building smoke detection system is not provided, approved smoke detectors shall be provided on both the access and egress sides of doors and in a location approved by the authority having jurisdiction of NFPA 72. Actuation of a smoke detector shall automatically unlock the door. Section 1008.1.9.8 shall be amended to add the following exception to condition 6, to read as follows: Exception: In Group E Occupancies where ingress is available by keys and/or access card located in a Knox Box mounted at the main entrance to the building, the activation of the fire alarm system shall unlock the egress portion or capability of all doors while the ingress function may remain secured. Section 1008.1.9. 9 shall be amended to read as follows: 1008.1.9.9 Electromagnetically locked egress doors. Doors in the means of egress in buildings with an occupancy in Group A, B, E, 1-1, 1-2, M, R-1 or R-2 and doors to tenant spaces in Group A, B, E, 1-1, 1-2, M, R- 1 or R-2 shall be permitted to be electromagnetically locked if equipped with listed hardware that incorporates a built-in switch and meet the requirements below: (remaining text unchanged) Section 1008.1.9.9, Exception 5 shall be amended to read as follows: 5. Panic or fire exit hardware shall be required and shall release the electromagnetic lock. Section 1015.7 shall be added to read as follows: 1015.7 Electrical Rooms. For electrical rooms, special exiting requirements may apply. Reference the electrical code as adopted. Section 1016.2.2 shall be added to read as follows: 1016.2. 2 Group F-1 and S-1 increase. The maximum exit access travel distance shall be 400 feet (122 m) in Group F-1 or S-1 occupancies where all of the following are met: 1.The portion of the building classified as Group F-1 or S-1 is limited to one story in height; 2.The minimum height from the finished floor to the bottom of the ceiling or roof slab or deck is 24 feet (7315 mm); and Ordinance No.14-51,Page 38 Item 12 3.The building is equipped throughout with an automatic fire sprinkler system in accordance with Section 903.3.1. 1. Section 1018.1, Exception 6 shall be amended to read as follows: 6.In Group B office buildings, corridor walls and ceilings within single tenant spaces need not be of fire-resistive construction when the tenant space corridor is provided with system smoke detectors tied to an approved automatic fire alarm. The actuation of any detector shall activate alarms audible in all areas served by the corridor. Section 1018.6 shall be amended to read as follows: 1018.6 Corridor continuity. All corridors shall be continuous from the point of entry to an exit, and shall not be interrupted by intervening rooms. Exception unchanged}... Section 1028.1.1.1 shall be deleted: Section 1029.1 shall be amended to read as follows: 1029.1 General. In addition to the means of egress required by this chapter, provisions shall be made for emergency escape and rescue openings in Group R and 1-1. {Remainder unchanged} Exceptions: Exceptions 1 through 3 unchanged) 4.In other than Group R-3 occupancies, buildings equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1. 1 or 903.3.1.2. Section 1030.2 shall be amended to read as follows: 1030.2 Reliability. Required exit accesses, exits or exit discharges shall be continuously maintained free from obstructions or impediments to full instant use in the case of fire or other emergency. An exit or exit passageway shall not be used for any purpose that interferes with a means of egress. Security devices affecting means of egress shall be subject to approval of the fire code official. Section 1103.3 shall be amended to add the following: Provide emergency signage as required by Section 607.2. Section 1103.5.3 shall be added to read as follows: 1103.5.3 Spray booths and rooms. Existing spray booths and spray Ordinance No.14-51,Page 39 Item 12 rooms shall be protected by an approved automatic fire-extinguishing system in accordance with Section 2404. Section 2304.1 shall be amended to read as follows: 2304.1 Supervision of Dispensing. The dispensing of fuel at motor fuel-dispensing facility shall be in accordance with the following: 1.Conducted by a qualified attendant; and/or, 2.Shall be under the supervision of a qualified attendant; and/or 3.Shall be an unattended self-service facility in accordance with Section 2304.3. At any time the qualified attendant of item 1 or 2 above is not present, such operations shall be considered as an unattended self-service facility and shall also comply with Section 2204.3. Section 2401.2 shall be deleted. Table 3206.2 footnote J shall be amended to read as follows: Where areas of buildings are equipped with early suppression fast- response (ESFR) sprinklers, manual smoke and heat vents or manually activated engineered mechanical exhaust systems shall be required within these areas. Section 3310.1 shall be amended to add the following: When fire apparatus access roads are required to be installed for any structure or development, they shall be approved prior to the time of which construction has progressed beyond completion of the foundation of any structure. Section 5601.1.3 shall be amended to read as follows: 5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited. Exceptions: 1.Only when approved for fireworks displays, storage and handling of fireworks as allowed in Section 5604 and 5608. 2.The use of fireworks for approved display as allowed in Section 5608. The presence or use of fireworks within the jurisdiction of the Town of Prosper in violation of this Ordinance is hereby declared to be a common and public nuisance. The restrictions of this section shall be applicable and in force throughout the territory of the Town of Prosper, Texas, and Ordinance No.14-51,Page 40 Item 12 extending for a distance outside the City limits for a total of 5,000 feet 5,000'); provided that this section shall not be in effect within any portion of such 5,000 feet (5,000') area which is contained within the territory of any other municipal corporation. The owner, lessee or occupant of the property or structure where fireworks are being stored or used shall be deemed responsible for violating this section. Section 5601.7.1 shall be added to read as follows: 5601.7.1 Documentation. The Fire Chief or Fire Marshal or his designee may seize and destroy illegal fireworks prior to a court appearance and photographs of such seized and destroyed fireworks will provide sufficient evidence of a violation of Section 3301.1.3 for the municipal court. Section 5703.6 shall be amended to read as follows: 3403.6 Piping systems. Piping systems, and their component parts, for flammable and combustible liquids shall be in accordance with Sections 5703.6.1 through 5703.6.11. An approved method of secondary containment shall be provided for underground tank and piping systems. Section 5704.2.9.5 shall be amended to read as follows: 5704.2.9.5 Above-ground tanks inside of buildings. Above-ground tanks inside of buildings shall comply with Section 5704.2.9.5.1 through 5704.2.9.5.3. Section 5704.2. 9.5.3 shall be added to read as follows: 3404.2.9. 5. 3 Combustible liquid storage tanks inside of buildings. The maximum aggregate allowable quantity limit shall be 3,000 gallons 11 356 L) of Class II or III combustible liquid for storage in protected aboveground tanks complying with Section 3404.2.9.7 when all of the following conditions are met: 1.The entire 3,000 gallon (11 356 L) quantity shall be stored in protected above-ground tanks; 2.The 3,000 gallon (11 356 L) capacity shall be permitted to be stored in a single tank or multiple smaller tanks; 3.The tanks shall be located in a room protected by an automatic sprinkler system complying with Section 903.3.1.1; and 4.Tanks shall be connected to fuel-burning equipment, including generators, utilizing an approved closed piping system. The quantity of combustible liquid stored in tanks complying with this section shall not be counted towards the maximum allowable quantity set Ordinance No.14-51,Page 41 Item 12 forth in Table 5003.1.1(1), and such tanks shall not be required to be located in a control area. Such tanks shall not be located more than two stories below grade. Section 5704.2.11.5 shall be amended to read as follows: Section 5704.2.11.5 Leak prevention. Leak prevention for underground tanks shall comply with Sections 5704.2.11.5.1 through 5704.2.11.5.3. An approved method of secondary containment shall be provided for underground tank and piping systems. Section 3404.2.11.5.2 shall be amended to read as follows: 3404.2.11.5.2 Leak detection. Underground storage tank systems shall be provided with an approved method of leak detection from any component of the system that is designed and installed in accordance with NFPA 30 and as specified in Section 5704.2.11.5. 3. Section 5704.2.11.5.3 shall be added to read as follows: 5704.2.11.5.3 Observation wells. Approved sampling tubes of a minimum 4 inches (4") in diameter shall be installed in the backfill material of each underground flammable or combustible liquid storage tank. The tubes shall extend from a point 12 inches (12") below the average grade of the excavation to ground level and shall be provided with suitable surface access caps. Each tank site shall provide a sampling sump at the corners of the excavation with a minimum of four (4) sumps. Sampling tubes shall be placed in the product line excavation within 10 feet (10') of the tank excavation and one every 50 feet (50') routed along product lines towards the dispensers, and a minimum of two (2) are required. Section 5706.5.4.5 shall be deleted and replaced with the following: 5706.5.4.5 Commercial, industrial, governmental or manufacturing. Dispensing of Class II and III motor vehicle fuel from tank vehicles into the fuel tanks of motor vehicles located at commercial, industrial, governmental or manufacturing establishments is allowed where permitted, provided such dispensing operations are conducted in accordance with Sections 5706.5.4.5.1 through 5706.5.4.5.3. 5706.5.4.5.1 Site requirements. 1.Dispensing may occur at sites that have been permitted to conduct mobile fueling. 2.A detailed site plan shall be submitted with each application for a permit. The site plan must indicate: a.all buildings, structures, and appurtenances on site and their use or function; b.all uses adjacent to the property lines of the site; Ordinance No.14-51,Page 42 Item 12 C.the locations of all storm drain openings, adjacent waterways or wetlands; d.information regarding slope, natural drainage, curbing, impounding and how a spill will be retained upon the site property; and e.the scale of the site plan. 3.The fire code official is authorized to impose limits upon: the times and/or days during which mobile fueling operations are allowed to take place and specific locations on a site where fueling is permitted. 4.Mobile fueling operations shall be conducted in areas not generally accessible to the public. 5.Mobile fueling shall not take place within 15 feet (4.572 m) of buildings, property lines, or combustible storage. 3406.5.4.5. 2 Refueling Operator Requirements. 1.The owner of a mobile fueling operation shall provide to the jurisdiction a written response plan which demonstrates readiness to respond to a fuel spill, carry out appropriate mitigation measures, and to indicate its process to properly dispose of contaminated materials when circumstances require. 2.The tank vehicle shall comply with the requirements of NFPA 385 and Local, State and Federal requirements. The tank vehicle's specific functions shall include that of supplying fuel to motor vehicle fuel tanks. The vehicle and all its equipment shall be maintained in good repair. 3.Signs prohibiting smoking or open flames within 25 feet 7.62 m) of the tank vehicle or the point of fueling shall be prominently posted on 3 sides of the vehicle including the back and both sides. 4.A fire extinguisher with a minimum rating of 40:13C shall be provided on the vehicle with signage clearly indicating its location. 5.The dispensing nozzles and hoses shall be of an approved and listed type. 6.The dispensing hose shall not be extended from the reel more than 100 feet (30.48m) in length. 7.Absorbent materials, non-water absorbent pads, a 10 foot 3.048 m) long containment boom, an approved container Ordinance No.14-51,Page 43 Item 12 with lid, and a non-metallic shovel shall be provided to mitigate a minimum 5-gallon fuel spill. 8.Tanker vehicles shall be equipped with a fuel limit switch such as a count-back switch, limiting the amount of a single fueling operation to a maximum of 500 gallons 1,893 L) between resetting of the limit switch. Exception: Tankers utilizing remote emergency shut-off device capability where the operator constantly carries the shut-off device which, when activated, immediately causes flow of fuel from the tanker to cease. 9.Persons responsible for dispensing operations shall be trained in the appropriate mitigating actions in the event of a fire, leak, or spill. Training records shall be maintained by the dispensing company and shall be made available to the fire code official upon request. 10. Operators of tank vehicles used for mobile fueling operations shall have in their possession at all times an emergency communications device to notify the proper authorities in the event of an emergency. 3406.5.4.5. 3 Operational Requirements. 1.The tank vehicle dispensing equipment shall be constantly attended and operated only by designated personnel who are trained to handle and dispense motor fuels. 2.Prior to beginning dispensing operations, precautions shall be taken to assure ignition sources are not present. 3.The engines of vehicles being fueled shall be shut off during dispensing operations. 4.Night time fueling operations shall only take place in adequately lighted areas. 5.The tank vehicle shall be positioned with respect to vehicles being fueled so as to preclude traffic from driving over the delivery hose and between the tank vehicle and the motor vehicle being fueled. 6.During fueling operations, tank vehicle brakes shall be set, chock blocks shall be in place and warning lights shall be in operation. 7.Motor vehicle fuel tanks shall not be topped off. Ordinance No.14-51,Page 44 Item 12 8.The dispensing hose shall be properly placed on an approved reel or in an approved compartment prior to moving the tank vehicle. 9.The code official and other appropriate authorities shall be notified when a reportable spill or unauthorized discharge occurs. Section 6103.2.1.8 shall be added to read as follows: 6103.2.1.8 Jewelry Repair, Dental Labs and Similar Occupancies. Where natural gas service is not available, portable LP-Gas containers are allowed to be used to supply approved torch assemblies or similar appliances. Such containers shall not exceed 20-pound (9.0 kg) water capacity. Aggregate capacity shall not exceed 60-pound (27.2 kg) water capacity. Each device shall be separated from other containers by a distance of not less than 20 feet (20'). Section 6104.2, Exception 2 shall be added to read as follows: Exceptions: 2.Except as permitted in Sections 308.3 and 6104.3.2, LP- gas containers are not permitted in residential areas. Section 6104.3.2 shall be added to read as follows: 6104.3.2 Spas, pool heaters and other listed devices. Where natural gas service is not available, LP-Gas containers are allowed to be used to supply spa and pool heaters or other listed devices. Such containers shall not exceed 250-gallon water capacity. See Table 6104.3 for location of containers. Exception: Lots where LP-Gas can be off loaded wholly on the property where the tank is located may install 500 gallon aboveground or 1,000 gallon underground approved containers. Section 8105.1, Exception shall be amended to read as follows: Exception: A reduction in required fire-flow of up to 50 percent 50%), as approved, is allowed when the building is equipped with an approved automatic sprinkler system. Section B105.2 Exception shall be amended to read as follows: Exception: A reduction in required fire-flow of up to 50 percent 50%), as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2. The resulting fire-flow shall not be less than 1,500 gallons per minute for the prescribed duration as specified in Table B105.1. Ordinance No.14-51,Page 45 Item 12 Section D104.2 shall be amended to read as follows: Delete exception. Section J101.1 shall be amended to read as follows: J101.1 Scope. New buildings shall have a building information sign(s), when required by the fire code official, that shall comply with Sections J101.1.1 through J101.7. Existing buildings shall be brought into compliance, when required by the fire code official, with Sections J101.1 through J101.9 when one of the following occurs:" SECTION 5 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 portion of conflicting ordinances shall remain in full force and effect. SECTION 6 Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. The Town of Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. 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. SECTION 8 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. Ordinance No.14-51,Page 46 Item 12 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 22ND DAY OFJULY, 2014. APPROVED: Ray Smith, Mayor ATTEST: Robyn ga le, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Ordinance No.14-51,Page 47 Item 12 Page 1 of 2 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 – November 13, 2018 Agenda Item: Consider and act upon authorizing the Town Manager to execute the Amended and Restated Potable Water Supply Contract between North Texas Municipal Water District and the Town of Prosper, Texas. Description of Agenda Item: The Town of Prosper entered into a Potable Water Supply Contract with North Texas Municipal Water District (NTMWD) on November 21, 2002, and amended the contract on March 1, 2003, to receive adequate and dependable treated water supply from the City of Frisco until the NTMWD’s pipeline extension was complete to Prosper. The last amended contract was executed on May 13, 2014. On November 15, 2018, the NTMWD Board is scheduled to approve the Amended and Restated Potable Water Supply Contract. The new contract is similar to the previous contract as the new NTMWD contract contains penalties for not meeting the daily and yearly water conservation goals as allowed by NTMWD. The highlights of the contract are as follows: • If the Town takes an amount of water above the authorized amount or authorized rate of delivery, as allowed by NTMWD’s water conservation plan and drought contingency plan, NTMWD may require the Town to pay three (3) times the rate for water taken in excess of the authorized amount or authorized rate of delivery. • Any time the Town exceeds the maximum rate of delivery of 2.2 times the Daily Average, as determined by the NTMWD, the Town shall pay three (3) times the rate for water. In the event of an emergency condition, as determined by NTMWD, the increased rate may be waived. The Town’s Daily Average from October 2017 - September 2018 was 4.712 million gallons per day (MGD), which would equate to an allowable maximum rate of delivery of 10.367 MGD. In August 2018, the Town’s peak day usage was 11.403 MGD; therefore, in order for the Town to maintain contractual flows, the Town will need to continue efforts on improving water conservation. The new annual maximum that NTMWD agrees to sell to Prosper under this contract at the point of delivery shall be 2,650,000,000 gallons per year. Staff anticipates revisiting a contract revision in September 2021. The Water Conservation Plan and Water Resource Emergency Management Plan is due to be updated by May 2019. Staff anticipates that there will be minimal alterations to the plans. The current PUBLIC WORKS Item 13 Page 2 of 2 water conservation strategies in place include educational outreach such as the Sprinkler Evaluation Program, the Release, Renew, Recycle Program, and the Earth-Kind Garden Tours. Legal Obligations and Review: Terrance Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Attached Documents: 1. North Texas Municipal Water District Amended and Restated Potable Water Supply Contract. Town Staff Recommendation: Town staff recommends authorizing the Town Manager to execute the Amended and Restated Potable Water Supply Contract between North Texas Municipal Water District and the Town of Prosper, Texas. Proposed Motion: I move to authorize the Town Manager to execute the Amended and Restated Potable Water Supply Contract between North Texas Municipal Water District and the Town of Prosper, Texas. Item 13 1 4328248.1 NORTH TEXAS MUNICIPAL WATER DISTRICT TOWN OF PROSPER AMENDED AND RESTATED POTABLE WATER SUPPLY CONTRACT THE STATE OF TEXAS § § THE COUNTY OF COLLIN § THIS CONTRACT (the “Contract”) made and entered into as of this the day of , 2018, by and between the North Texas Municipal Water District, hereinafter called “NTMWD,” a conservation and reclamation district created under Article 16, Section 59, of the Texas Constitution, and the Town of Prosper hereinafter called “Customer.” W I T N E S S E T H : WHEREAS, NTMWD and Customer are authorized to enter into this Contract pursuant to Chapter 62, Acts of the 52nd Legislature, 1951 (Article 8280-141, Vernon's Texas Civil Statutes), Chapter 791 of the Texas Government Code (the “Interlocal Cooperation Act”) and other applicable laws; WHEREAS, NTMWD and Customer entered into that certain Potable Water Supply Contract dated July 24, 2014, wherein NTMWD agreed to furnish Customer water supply services (“Original Contract”); WHEREAS, NTMWD and Customer desire to amend and completely restate the terms of the Original Contract, and supersede and replace the Original Contract in its entirety, as provided herein; WHEREAS, Customer desires to obtain an adequate and dependable water supply from NTMWD; WHEREAS, NTMWD was created, among other things, to serve the water needs of its Member Cities, as defined below; WHEREAS, Customer acknowledges and understands that this Contract establishes a maximum amount of potable water that NTMWD is required to deliver to Customer; WHEREAS, Customer acknowledges and understands that NTMWD determines the rates to be paid by Member Cities and Customer and that rates for Customer will not be the same as and are higher than the rates for Member Cities; and WHEREAS, Customer is not compelled to purchase water from NTMWD and is voluntarily entering into this Contract. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, NTMWD agrees to furnish water, and Customer agrees to pay for water, upon the terms and conditions and for the consideration hereinafter set forth, to wit: Item 13 2 4328248.1 Section 1. DEFINITION OF TERMS. The following terms and expressions as used in this Contract, unless the context clearly shows otherwise, shall have the following meanings: (a) “Annual Minimum” means the minimum amount of potable water Customer must compensate NTMWD for during the Annual Payment Period, and each year thereafter, regardless of whether Customer actually takes such quantity of water. The Annual Minimum shall be adjusted annually after the first Annual Payment Period as provided in Section 8; (b) “Annual Maximum” means the maximum amount of potable water that NTMWD agrees to sell and deliver to Customer during any Water Year under this Contract; (c) “Annual Payment” means the amount of money to be paid to NTMWD by Customer during each Annual Payment Period; (d) “Annual Payment Period” means NTMWD’s fiscal year, which currently begins on October 1 of each calendar year and ends on September 30 of the next following calendar year, but which may be any twelve (12) consecutive month period fixed by NTMWD; (e) “Contract Date” means the effective date of this Contract as executed by both parties; (f) “Customer” means Town of Prosper as defined in the preamble to this Contract; (g) “Customer Entity or Customer Entities” means any customer other than the Member Cities with which NTMWD contracts with to furnish water; (h) “Daily Average” means 1/365 of the Annual Minimum as provided in Section 8 of this Contract at the Point of Delivery; (i) “Emergency Condition” means a condition that necessitates an expeditious delivery of water to prevent or combat imminent peril to the public health, safety, or welfare; (j) “NTMWD” means the North Texas Municipal Water District as defined in the preamble to this Contract; (k) “Member City or Member Cities” means the Cities of Allen, Farmersville, Forney, Frisco, Garland, McKinney, Mesquite, Plano, Princeton, Richardson, Rockwall, Royse City, Wylie, and any other city that may hereafter legally be annexed into the service area of NTMWD in accordance with Tex. Rev. Civ. Stat. Art. 8280-141; (l) “Point of Delivery” means the meter vault between the provision of service by NTMWD to Customer at the location specified in Section 5, all facilities upstream of which shall be the sole responsibility of NTMWD, and all facilities downstream of which shall be the sole responsibility of the Customer; Item 13 3 4328248.1 (m) “Regional Contract” means the “North Texas Municipal Water District Regional Water Supply Facilities Amendatory Contract,” dated August 1, 1988, together with all similar contracts between NTMWD and contracting parties; (n) “System” means, collectively, the existing system and the future improvements and water of NTMWD included as part of the System under the Regional Contract for projects, water storage, treatment, transmission and supply, including all dams, reservoirs, and other properties or interests therein wherever located. Said terms do not include any of NTMWD’s facilities that provide wastewater treatment or disposal services, or solid waste disposal services, of any kind. Said terms do not include any facilities acquired or constructed by NTMWD with the proceeds from the issuance of “Special Facilities Bonds,” which are payable from any source, contract, or revenues whatsoever, other than revenues from the System; and, (o) “Water Year” means the period of August 1 of each calendar year through July 31 of the next following calendar year, or such other twelve (12) month period designated by NTMWD to all Member Cities and Customer Entities. Section 2. DELIVERY OF WATER. NTMWD agrees to sell and to deliver potable water under this Contract to Customer at its Point of Delivery as described in Section 5 hereof, and Customer agrees to take at its Point of Delivery all water required for use by Customer during the term of this Contract, including all potable water for Customer’s own use and for distribution to all customers served by Customer’s water distribution system, or within Customer’s existing Texas Commission on Environmental Quality (“TCEQ”) certificated retail service area. It is specifically provided, however, that after the Contract Date, unless required to do otherwise by TCEQ or a court of competent jurisdiction, Customer shall not enter into, renew, or amend with regard to volume of water to be supplied, any agreement to provide wholesale or retail potable water for use outside its boundaries, its extraterritorial jurisdiction, or its certificated retail service area unless each such agreement is approved by NTMWD (which approval shall not be unreasonably withheld unless the projected additional volume affects NTMWD’s ability to provide service to others or conflicts with law or NTMWD policy). Customer shall not become a party to any contract for the sale of potable water that would violate or be inconsistent with the provisions of this Contract. NTMWD will use its best efforts to furnish and remain in a position to furnish potable water sufficient for all reasonable potable water requirements of Customer, but its obligation shall be limited to the amount of potable water available to it from the System during routine operation. The Annual Maximum that NTMWD agrees to sell and deliver to Customer under this Contract at the Point of Delivery shall be 2,650,000,000 gallons per year. If Customer exceeds the Annual Maximum for the Point of Delivery during any Water Year, within sixty (60) days of such exceedance Customer agrees to commence negotiations with NTMWD for the execution of an amended or restated contract. The maximum rate of delivery at the Point of Delivery shall not exceed 2.2 times the Daily Average supplied to Customer hereunder, which is consistent with the capabilities and abilities of NTMWD facilities, and it is understood that NTMWD may from time to time adjust the maximum rate of delivery on an equitable and uniform basis to all Customer Entities. Section 3. OTHER CONTRACTS. NTMWD reserves the right to supply potable water from the System to additional parties as determined by the Board of Directors of NTMWD. Item 13 4 4328248.1 Section 4. QUALITY. The water to be delivered by NTMWD and received by Customer shall be potable water. Customer has satisfied itself that such water will be suitable for its needs, but NTMWD is obligated to treat such water so as to meet the standards of all State and Federal agencies having jurisdiction over water quality. NTMWD and Customer shall cooperate, each within its legal powers, in preventing, to the extent practicable, the pollution and contamination of the reservoirs and watersheds from which water is obtained. Section 5. POINT(S) OF DELIVERY. The Point of Delivery for Customer is located at 990 Custer Road on the Frisco-McKinney pipeline. Exhibit A attached hereto identifies the location of the Point of Delivery. Customer agrees to furnish the site at the Point of Delivery and to construct adequate water storage and pump station facilities so that the maximum rate of delivery will not exceed 2.2 times the Daily Average at the Point of Delivery. Customer shall design and construct a separate vault for the Point of Delivery. The vault will include the billing meter, control valve, and appropriate SCADA equipment. Customer shall also provide one level transmitter for the ground storage tank for NTMWD use and shall provide a separate air gap for the Point of Delivery at the ground storage tank. At the request of the Customer, or upon NTMWD’s own determination, NTMWD may install isolation valves associated with the Point of Delivery. NTMWD may require Customer to bear all costs associated with such installation. Customer shall provide to NTMWD all plans for the design, construction, and installation of any facilities and equipment required to receive and take all potable water delivered to it under this Contract and Customer shall not proceed with any construction or installation without NTMWD’s prior written approval of such plans, which approval shall not be unreasonably withheld. Further, NTMWD shall have the right to inspect any and all facilities and equipment to ensure compliance with the NTMWD approved plans. Customer shall also perform and coordinate with NTMWD regarding any and all construction activities that involve the System. Customer shall construct, maintain, and operate, at its own cost and expense, all facilities and equipment necessary to receive and take all potable water delivered to it under this Contract. Regardless of NTMWD’s approval of any Customer plans for the design, construction, and installation of any facilities and equipment required to receive and take all potable water delivered to it under this Contract, Customer is solely responsible for the sufficiency of design to receive volume(s) of water established pursuant to this Contract. Any construction from NTMWD’s pipeline through the air gap must meet NTMWD standard specifications. No change in the type or size of meters, or size of the tap, shall be allowed unless this Contract has been amended as set forth in Section 10, MODIFICATION. In the event that the water supply line is relocated for any reason beyond the control of NTMWD, Customer shall be responsible for all costs associated with construction and relocation of the delivery point. Section 6. MEASURING EQUIPMENT. Customer shall furnish, and install at its own expense at, or near, the Point of Delivery the necessary rate of flow equipment, of a standard type approved by NTMWD, for measuring properly in both low and high flow periods the quantity of potable water delivered under this Contract and such billing meter and other equipment so installed shall become the property of NTMWD. Customer shall have access to such metering equipment at all reasonable times, but the reading, calibration, and adjustment thereof shall be accomplished only by the employees or agents of NTMWD. For the purpose of this Contract, the original record or reading of the meter shall be the journal or other record book, including, but not Item 13 5 4328248.1 limited to electronic databases, maintained by NTMWD in its office in which the records of the employees or agents of NTMWD who take the reading may be transcribed. Upon written request of Customer, NTMWD will provide a copy of such journal or record book, or permit it to have access to the same in the office of NTMWD during reasonable business hours. Not more than once in any six (6) month time period, NTMWD shall test its billing meter if requested in writing by Customer to do so, in the presence of a representative of Customer, and the parties shall jointly observe any adjustments that are made to the billing meter in case any adjustments shall be necessary. If upon any test, the percentage of inaccuracy of any billing meter equipment is found to be in excess of two percent (2%), registration thereof shall be corrected for a period extending back to the time when such inaccuracy began, if such time is ascertainable, and if such time is not ascertainable, then for a period extending back one-half (1/2) of the time elapsed since the last date of calibration, but in no event further back than a period of six (6) months. If for any reason any billing meters are out of repair so that the amount of water delivered cannot be ascertained or computed from the reading thereof, the water delivered through the period such billing meters are out of service or out of repair shall be estimated and agreed upon by the parties hereto upon the basis of the best data available. For such purpose, the best data available shall be deemed to be the registration of any check meter or meters if the same have been installed and are accurately registering. Otherwise, the amount of water delivered during such period may be estimated (i) by correcting the error if the percentage of the error is ascertainable by calibration tests or mathematical calculation, or (ii) estimating the quantity of delivery by deliveries during the preceding periods under similar conditions when the billing meter or meters were registering accurately. Customer may, at its option and its own expense, install and operate a check meter downstream of the Point of Delivery to check each billing meter installed by NTMWD, but the measurement of water for the purpose of this Contract shall be solely by NTMWD’s meters, except in the cases hereinabove specifically provided to the contrary. All such check meters shall be of standard make and shall be subject at all reasonable times to inspection and examination by any employee or agent of NTMWD. Section 7. UNIT OF MEASUREMENT. The unit of measurement for potable water delivered under this Contract shall be 1,000 gallons of water, U.S. Standard Liquid Measure. Section 8. PRICE AND TERMS. The service to be performed under this Contract by NTMWD consists of the readiness of NTMWD to deliver to Customer upon its demand, water in accordance with the conditions, limitations and provisions of this Contract. In return for such service, Customer agrees to compensate NTMWD by payment of certain minimum annual sums of money, for each of which said sums NTMWD agrees, if required by Customer, to deliver all, or so much thereof as Customer may desire, of a certain corresponding volume of water, as follows: (a) Customer will compensate NTMWD at the current water rate established for Customer Entities by the Board of Directors of NTMWD (“Water Rate”), as such Water Rate may be changed from time to time, for an Annual Minimum of 1,712,581,000 gallons of water (a Daily Average of 4,692,003 gallons per day), regardless of whether said quantity is actually taken by Customer, and any water delivered in excess of the amount allowed for the Annual Minimum will also be purchased at the Water Rate. The Annual Minimum Customer will be required to purchase at the above Water Rate, or such other Water Rate as may be from time to time determined by NTMWD, shall be calculated annually for each ensuing year and such minimum Item 13 6 4328248.1 amount shall not be less than the highest total amount taken by Customer during any previous year or 1,712,581,000 gallons, whichever is greater; provided however, Customer cannot take more than 2,650,000,000 gallons per year as provided in Section 2 of this Contract, and Customer shall pay the Water Rate for any water taken in excess of 2,650,000,000 gallons per year. (b) If potable water must be rationed, such rationing shall, within the limits permitted by law, be accomplished by NTMWD on an equal basis of the relative actual total amount of all potable water taken by each Customer Entity, respectively, during the last preceding Annual Payment Period in which rationing among said Customer Entities was not necessary. (c) The Annual Minimum as set forth in Section 8 hereof shall be reviewed at the end of the first Annual Payment Period, and each year thereafter, and shall be re-determined by the Board of Directors of NTMWD at that time. (d) Payment of the minimum annual service charge listed above shall be made each year by Customer to NTMWD in twelve (12) equal monthly installments, each of which shall be due and payable on or before the 10th day of the month following the service. (e) It is further agreed that, in addition to the amounts required to be paid by Customer herein, if during any Water Year Customer uses System treated water in excess of the Annual Minimum for the Annual Payment Period that commenced during such Water Year up to the Annual Maximum allowed in Section 8(a) or in excess of the Annual Maximum allowed in Section 8(a), then Customer shall pay for excess water in accordance with the provisions of Section 8(a). Excess water charges shall be billed by NTMWD to Customer as soon as practicable after the end of such Water Year and shall be paid to NTMWD as soon as practicable thereafter, and in all events prior to the beginning of the next Annual Payment Period. (f) Liability for making payments, as herein set forth, shall commence on the date of the first tender of delivery of water to Customer by NTMWD at the Point of Delivery. (g) In the event that Customer shall fail to make any such monthly payment or annual payment within the time herein in this section specified, interest on such amount shall accrue at the rate of ten percent (10%) per annum from the date such payment becomes due until paid in full with the interest as herein specified. In the event such payment is not made within thirty (30) days from the date such payment becomes due, NTMWD may at its option discontinue delivery of water to Customer until the amount due NTMWD is paid in full with interest as herein specified. (h) If Customer takes an amount of water above the authorized amount or authorized rate of delivery allowed by NTMWD’s water conservation plan and drought contingency plan, as may be amended from time to time, NTMWD may require the Customer to pay three (3) times the Water Rate for water taken in excess of the authorized amount or authorized rate of delivery under either plan. (i) Any time Customer exceeds the maximum rate of delivery of 2.2 times the Daily Average at the Point of Delivery as determined by the NTMWD, Customer shall pay three (3) times the Water Rate for such water. In the event of an Emergency Condition, as that term is defined herein, NTMWD may, in its sole discretion, waive this increased rate for exceedance of the maximum rate of delivery of 2.2 times the Daily Average for the Point of Delivery. This waiver shall apply for a 48-hour period, after which such waiver shall terminate. In its sole Item 13 7 4328248.1 discretion, NTMWD may extend the waiver for additional 48-hour periods, if NTMWD determines that an extension of the waiver is warranted. Section 9. TERM OF CONTRACT. This Contract shall commence on the Contract Date and shall continue for a term of twenty (20) years following the Contract Date. Section 10. MODIFICATION. This Contract may be changed or modified only by written agreement of the parties and only after having obtained approval from the governing bodies of both NTMWD and Customer. No change or modification shall be made to this Contract which will affect adversely the prompt payment when due of all monies required to be paid by Customer under the terms of this Contract. Section 11. FORCE MAJEURE. If by reason of force majeure any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Contract, other than the obligation of Customer to make the payments required under Section 8 of this Contract, then if such party shall give notice and full particulars of such force majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied on, the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period, and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Th e term “force majeure” as employed herein shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Texas, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, partial or entire failure of water supply, or on account of any other causes not reasonably within the control of the party claiming such inability. Section 12. INSURANCE. NTMWD agrees to carry and arrange for fire, casualty, public liability, and/or other insurance, including self-insurance for purposes and in amounts which, as determined by NTMWD, ordinarily would be carried by a privately-owned utility company owning and operating such facilities, except that NTMWD shall not be required to provide liability insurance except to insure itself against risk of loss due to claims for which it can, in the opinion of NTMWD’s legal counsel, be liable under the Texas Tort Claims Act or any similar law or judicial decision. Such insurance will provide, to the extent feasible and practicable, for the restoration of damaged or destroyed properties and equipment, to minimize the interruption of the services of such facilities. All premiums for such insurance shall constitute just and reasonable operation and maintenance expenses. The insurance coverage referenced herein does not extend to any facility owned by Customer. Section 13. REGULATORY BODIES AND LAWS. This Contract is subject to all applicable Federal and State Laws and any applicable permits, ordinances, rules, orders, and regulations of any local, state or federal governmental authority having or asserting jurisdiction, but nothing contained herein shall be construed as a waiver of any right to question or contest any such law, ordinance, order, rule, or regulation in any forum, having jurisdiction. Section 14. NOTICES. Unless otherwise provided herein, any notice, communication, request, reply, or advice (herein severally and collectively, for convenience, called “Notice”) herein provided or permitted to be given, made, or accepted by any party to any other party must be in writing and may be given or be served by depositing the same in the United States mail postpaid and registered or certified and addressed to the party to be notified, with return receipt Item 13 8 4328248.1 requested, or by delivering the same to an officer of such party, or by prepaid telegram when appropriate, addressed to the party to be notified. Notice deposited in the mail in the manner hereinabove described shall be conclusively deemed to be effective, unless otherwise stated herein, from and after the expiration of three (3) days after it is so deposited. Notice given in any other manner shall be effective only if and when received by the party to be notified. For the purposes of notice, the addresses of the parties shall, until changed as hereinafter provided, be as follows: If to NTMWD, to: Executive Director/General Manager North Texas Municipal Water District P.O. Box 2408 Wylie, Texas 75098 If to Customer, to: Town Manager Town of Prosper P.O. Box 307 Prosper, Texas 75087 The parties hereto shall have the right from time to time and at any time to change their respective addresses and each shall have the right to specify as its address any other address by at least fifteen (15) days written notice to the other parties hereto. Section 15. SEVERABILITY. The parties hereto specifically agree that in case any one or more of the sections, subsections, provisions, clauses, or words of this Contract or the application of such sections, subsections, provisions, clauses, or words to any situation or circumstance should be, or should be held to be, for any reason, invalid or unconstitutional, under the laws or constitutions of the State of Texas or the United States of America, or in contravention of any such laws or constitutions, such invalidity, unconstitutionality, or contravention shall not affect any other sections, subsections, provisions, clauses, or words of this Contract or the application of such sections, subsections, provisions, clauses, or words to any other situation or circumstance, and it is intended that this Contract shall be severable and shall be construed and applied as if any such invalid or unconstitutional section, subsection, provision, clause, or word had not been included herein, and the rights and obligations of the parties hereto shall be construed and remain in force accordingly. Section 16. VENUE. All amounts due under this Contract including, but not limited to, payments due under this Contract or damages for the breach of this Contract, shall be paid and be due in Collin County, Texas, which is the County in which the principal administrative offices of NTMWD are located. It is specifically agreed among the parties to this Contract that Collin County, Texas, is a principal place of performance of this Contract. Section 17. OPERATING CONDITIONS AND PROVISIONS. (a) Operation and Maintenance of System. NTMWD will continuously operate and maintain the System in an efficient manner and in accordance with good business and engineering practices, and at reasonable cost and expense. Item 13 9 4328248.1 (b) Title to Water; Indemnification. NTMWD shall retain title to all water supplied to Customer up to the Point of Delivery, at which point title to such water shall pass to Customer. NTMWD and Customer shall save and hold each other harmless from all claims, demands, and causes of action that may be asserted by anyone on account of the transportation and delivery of said water while title remains in such party. As between the parties, Customer shall have the first right to use all effluent produced from any wastewater treatment plant that treats the wastewater resulting from the use of the water made available under this Contract for direct reuse, but solely for its own purposes, and not for sale to, or use by, any customer of the Customer. To the extent that effluent produced by a wastewater treatment plant that treats the wastewater resulting from the use of water made available under this Contract is discharged to water courses of the State, the right of Customer to reuse such effluent produced from such wastewater treatment is terminated, and NTMWD shall have the right, as between the parties, pursuant to any necessary authorization of the State, to indirectly reuse said effluent. Customer shall ensure via any wholesale contract with a subsequent customer, to maintain NTMWD’s right to indirectly reuse treated effluent, the underlying source of which is water from NTMWD made available under this Contract. (c) Operating Expenses of Customer. Customer represents and covenants that all payments to be made by it under this Contract shall constitute reasonable and necessary “operating expenses” of its system, as defined in Section 1502.056, Texas Government Code, and that all such payments will be made from the revenues of its system. Customer represents and has determined that the potable water supply to be obtained from the System is absolutely necessary and essential to the present and future operation of its water system and is the only available and adequate source of supply of potable water. Accordingly, all payments required by this Contract to be made by Customer shall constitute reasonable and necessary operating expense of its respective system as described above, with the effect that the obligation to make such payments from revenues of such systems shall have priority over any obligation to make any payments from such revenues (whether of principal, interest, or otherwise) with respect to all bonds or other obligations heretofore or hereafter issued by Customer. (d) Customer’s Rate for Waterworks System. Customer agrees throughout the term of this Contract to continuously operate and maintain its waterworks system, and to fix and collect such rates and charges for water services to be supplied by its waterworks system as aforesaid as will produce revenues in an amount equal to at least (i) all of its payments under this Contract and (ii) all other amounts required to be paid from said revenues by the provisions of the ordinances or resolutions authorizing its revenue bonds or other obligations now or hereafter outstanding and to file appropriate financial reports related to the Customer’s system including annual audits. (e) Equity. Customer acknowledges that it will accrue no equity or any other interest in the System or any other assets of NTMWD as a result of payment or other performance pursuant to this Contract. Section 18. WATER CONSERVATION. Customer agrees to adopt, implement, and enforce any and all ordinances and policies related to water conservation and drought management as required by the Texas Water Code, rules of the TCEQ and/or as may be adopted by the Board of Directors of NTMWD. NTMWD’s obligations pursuant to this Contract shall be subject to Customer preparing and implementing a water conservation plan or water conservation measures, as well as implementing any water conservation plans and drought contingency plans Item 13 10 4328248.1 adopted by NTMWD and required or approved by the TCEQ, the Board, or any other federal, state, or local regulatory authority with power to require or approve water conservation and drought contingency plans. Upon execution of this Contract, Customer shall submit its water conservation plan or water conservation measures, and drought contingency plan, to NTMWD for review and approval, and Customer agrees to amend its water conservation plan or water conservation measures, and drought contingency plan as requested by NTMWD in order to comply with requirements of NTMWD’s water conservation plan and drought contingency plan, program and/or rules. Customer shall also submit any changes or amendments to its water conservation plan or water conservation measures, and drought contingency plan, to NTMWD for review and approval. NTMWD has adopted a water conservation plan and a drought contingency plan, and may amend both from time to time. If Customer fails to implement NTMWD’s and its own drought contingency plan when trigger conditions occur, NTMWD may implement rationing and collect the rate for water withdrawn as provided in Section 8(h) of this Contract, as well as enforce any contractual, statutory, or common law remedies available. The amount of water that is provided pursuant to this Contract when Customer is not in compliance with NTMWD’s water conservation plan and drought contingency plan will be reduced to the amount estimated as necessary to satisfy Customer’s demand if Customer was operating in compliance with both NTMWD’s and Customer’s drought contingency plans. If NTMWD authorizes Customer to resell water from the System pursuant to the conditions included herein, Customer shall require through a contract condition that any successive user(s) of water from the System must implement water conservation measures that comply with the NTMWD’s and Customer’s water conservation plans, measures, programs, and/or rules. Section 19. DEMAND ASSESSMENT. The location of the delivery point(s) and any quantity set forth in this Contract are intended to meet the water needs of Customer. The needs of Customer are independently determined by Customer, and NTMWD has conducted no independent evaluation of the Customer’s water system. Section 20. SOLE AGREEMENT. This Contract constitutes the sole and only agreement of Customer and NTMWD and supersedes any prior understanding or oral or written agreements between Customer and NTMWD with respect to the subject matter of this Contract. Section 21. NO THIRD PARTY BENEFICIARIES. This Contract shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third-party beneficiary of this Contract. Each party hereto shall be solely responsible for the fulfillment of its customer contracts or commitments, and NTMWD shall not be construed to be responsible for Customer’s contracts or commitments by virtue of this Contract or any provision contained herein. IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Contract to be duly executed in several counterparts, each of which shall constitute an original, all as of the day and year first above written, which is the Contract Date. Item 13 11 4328248.1 (Signatures on following pages) Item 13 12 4328248.1 TOWN OF PROSPER By: __________________________________ ______________________________ __________________, _______________ Date ATTEST: __________________________________ __________________, Secretary STATE OF TEXAS § § COUNTY OF __________ § This instrument was acknowledged before me on this ______ day of ____________, 2018, by _________________, _________________ of Harlan Jefferson, the Town of Prosper, a political subdivision of the State of Texas, on behalf of said political subdivision. __________________________________________ Notary Public, State of Texas Printed Name of Notary: __________________________________________ My Commission Expires: _____________________ Item 13 13 4328248.1 NORTH TEXAS MUNICIPAL WATER DISTRICT By: __________________________________ ______________________________ John Sweeden, President Date ATTEST: ___________________________________ Larry Parks, Secretary STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on this ______ day of ____________, 2018, by John Sweeden, President of the Board of Directors of North Texas Municipal Water District, a conservation and reclamation district and political subdivision of the State of Texas, on behalf of said conservation and reclamation district. __________________________________________ Notary Public, State of Texas Printed Name of Notary: __________________________________________ My Commission Expires: _____________________ Item 13 14 4328248.1 EXHIBIT A Location of Point of Delivery Item 13 I t e m 1 3 0 0.5 1 1.5 2 2.5 3 FY16 FY17 FY18 FY19 FY20 FY21 FY22 CO N S U M P T I O N ( I N M I L L I O N S ) NTMWD AMENDED/RESTATED CONTRACT Usage by Fiscal Year Proposed Amended Contract Item 13 Page 1 of 2 To: Mayor and Town Council From: Pete Anaya, P.E., Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 13, 2018 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Custer Road Pipeline and Meter Vault Relocation project. Description of Agenda Item: The Texas Department of Transportation is in the process of completing the design for the widening of Custer Road (FM 2478) through the Town of Prosper. The existing 36-inch Pipeline and Custer Road Meter Vault is located within a separate easement parallel to the existing Custer Road Right- of-Way (ROW) north of US 380. Also within the easement, the 36-inch pipeline connects to the North Texas Municipal W ater District’s (NTMWD) Frisco-McKinney 48-inch Pipeline at a 24-inch tap. The proposed ROW will encroach over both the Town of Prosper’s and NTMWD’s existing easement, pipeline and delivery flow meter vault. This project will relocate the section of Prosper’s 36-inch Pipeline and Meter Vault outside the proposed ROW on the Custer Road Pump station site to avoid conflicts with proposed utilities associated with the new roadway. The new meter vault and electrical building will be designed in accordance with NTMWD’s Meter Vault Standard. A new delivery point for the Town of Prosper will be established east of the current relocation. The project generally consists of providing TxDOT coordination, preliminary design, final design, construction contract document, bid phase assistance and certain construction phase services for the project. At the August 27, 2016, Town Council meeting, the Town Council approved a list of qualified engineering firms, which included services for engineering design. Freese and Nichols, Inc. is included on the list. Budget Impact: The cost for the design work is $290,325 and is funded from Account Number 200-6110-50-02-1902- WA. The Texas Department of Transportation has agreed to reimburse all preliminary engineering costs incurred by the Town of Prosper. Town staff will bring a TxDOT Standard Utility Agreement on this project for Council consideration once construction drawings are available. Funding for the construction of the project is estimated at $1,905,200, and will be budgeted in FY 2019-2020. W e anticipate the majority of the construction costs to be reimbursed by TxDOT. Prosper is a place where everyone matters. ENGINEERING Item 14 Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Professional Services Agreement as to form and legality. Attached Documents: 1. Professional Services Agreement 2. Location Map 3. E-Mail Documents from TxDOT regarding utility relocation reimbursements Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Custer Road Pipeline and Meter Vault Relocation project. Proposed Motion: I move to authorize the Town Manager to execute a Professional Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Custer Road Pipeline and Meter Vault Relocation project. Item 14 PROFESSIONAL SERVICES AGREEMENT PAGE 1 OF 22 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC., FOR CUSTER ROAD PIPELINE AND METER VAULT RELOCATIONS PROJECT This Agreement for Professional Services, hereinafter called “Agreement,” is entered into by the Town of Prosper, Texas, a municipal corporation, duly authorized to act by the Town Council of said Town, hereinafter called “Town,” and Freese and Nichols, Inc., a Texas corporation, acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional services to Town. Town and Consultant when mentioned collectively shall be referred to as the “Parties.” W I T N E S S E T H: WHEREAS, Town desires to obtain professional engineering services in connection with the Custer Road Pipeline and Meter Vault Relocations Project hereinafter called “Project”; For the mutual promises and benefits herein described, Town and Consultant agree as follows: 1. Term of Agreement. This Agreement shall become effective on the date of its execution by both Parties, and shall continue in effect thereafter until terminated as provided herein. 2. Services to be Performed by Consultant. The Parties agree that Consultant shall perform such services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under the same or similar circumstances by competent members of their profession in the locality. In case of conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all Parties to this Agreement. 3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner consistent with these task orders; however, the Town understands and agrees that Consultant is retained to perform a professional service and such services must be bound, first and foremost, by the principles of sound professional judgment and reasonable diligence. 4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all services included in this Agreement a total fee of Two Hundred Ninety Thousand Three Hundred Twenty-Five Dollars ($290,325) for the Project as set forth and described in Exhibit B – Compensation/Pricing Schedule and incorporated herein as if written word for word. Lump sum fees shall be billed monthly based on the percentage of completion. Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. Direct Costs for expenses such as mileage, copies, scans, sub-consultants, and similar costs are included in fees and shall be billed as completed. Item 14 PROFESSIONAL SERVICES AGREEMENT PAGE 2 OF 22 Consultant agrees to submit statements to Town for professional services no more than once per month. These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred, if any, and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall be reasonably itemized to show the amount of work performed during that period. If Town fails to pay Consultant within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written notice to Town, suspend professional services until paid. Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement. The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. 5. Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist Consultant in obtaining access to properties necessary for performance of Consultant’s work for Town, (iv) make prompt payments in response to Consultant’s statements, and (v) respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all information and services provided by Town or Town’s representatives. 6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or assembled by Consultant under this Agreement and Town may use them without Consultant's permission for any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk. Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent information for the work it performs for Town. 7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any reasonable objection to any of Consultant’s personnel, or any personnel, professionals and/or consultants retained by Consultant, Consultant shall promptly propose substitutes to whom Town has no reasonable objection, and Consultant’s compensation shall be equitably adjusted to reflect any difference in Consultant’s costs occasioned by such substitution. 8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to commencing any work for Town. 9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF LITIGATION), Item 14 PROFESSIONAL SERVICES AGREEMENT PAGE 3 OF 22 WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT. IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS. 10. Notices. Any notices to be given hereunder by either Party to the other may be affected either by personal delivery, in writing, or by registered or certified mail to the following addresses: Freese and Nichols, Inc. Jeff Payne, P.E. Vice President 5805 Main Street, Suite B Frisco, TX 75034 jp@freese.com Town of Prosper Harlan Jefferson Town Manager 121 W. Broadway PO Box 307 Prosper, TX 75078 11. Termination. The obligation to provide further services under this Agreement may be terminated by either Party in writing upon thirty (30) calendar days’ notice. In the event of termination by Town, Consultant shall be entitled to payment for services rendered through receipt of the termination notice. 12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to anyone except Town and Consultant, and contains the entire agreement between the Parties. Oral modifications to this Agreement shall have no force or effect. 13. Assignment and Delegation. Neither Town nor Consultant may assign their rights or delegate their duties without the written consent of the other Party. This Agreement is binding on Town and Consultant to the extent permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any Town officer, employee or agent. 14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties hereto and their representatives, successors and assigns. Should any provisions in this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void, and this Agreement shall be construed as if such provision had never been contained herein. 15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirements of the Town Charter and the Town’s Code of Ordinances and will abide by the same. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ, attached Item 14 PROFESSIONAL SERVICES AGREEMENT PAGE 4 OF 22 hereto as Exhibit D - Conflict of Interest Questionnaire and incorporated herein as if written word for word. 16. Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas. 17. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to non-binding mediation. 18. Prevailing Party. In the event a Party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). 19. Signatories. Town warrants and represents that the individual executing this Agreement on behalf of Town has full authority to execute this Agreement and bind Town to the same. Consultant warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Consultant to same. IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of _______________________, 2017. FREESE AND NICHOLS, INC. By: Signature Jeff Payne, PE Printed Name Vice President Title Date TOWN OF PROSPER, TEXAS By: Signature Harlan Jefferson Printed Name Town Manager Title Date Item 14 PROFESSIONAL SERVICES AGREEMENT PAGE 5 OF 22 EXHIBIT A SCOPE OF SERVICES I. PROJECT DESCRIPTION: The Texas Department of Transportation is in the process of widening Custer Road (FM 2478) through the Town of Prosper. The existing Prosper 36-inch Pipeline and Custer Road Meter Vault is located within a separate easement parallel to the existing Custer Road Right-Of-Way north of US 380. Also within the easement, the 36-inch pipeline connects to the NTMWD’s Frisco-McKinney 48-inch Pipeline at a 24-inch tap. The proposed right-of-way will encroach over both the Town of Prosper’s and NTMWD’s existing easement, pipeline and delivery flow meter vault. This project will relocate the section of Prosper’s 36-inch Pipeline and Meter Vault outside the proposed Right-Of-Way on to the Custer Road Pump Station site to avoid conflicts with proposed utilities associated with the new roadway. The new meter vault and electrical building will be designed in accordance with NTMWD’s Meter Vault Standard. No additional analysis of sizing or selection for the meter or control valve is included with this scope. A new delivery point for Prosper will be established with the relocation. The project generally consists of providing TxDOT coordination, preliminary design, final design, construction contract documents, bid phase assistance and certain construction phase services for the project. This scope of services is based upon the preparation of one set of construction contract documents (plans and specifications) for the project. II. TASK SUMMARY BASIC SERVICES A. GENERAL & PROGRAM MANAGEMENT - Consultant shall provide program management services for the project. The following services shall be provided. 1. Conduct one (1) meeting with Town to confirm the goals, schedule, and deliverables for the project. 2. Obtain and review all available data for the pipeline corridor, existing pipeline, and pump station site. 3. Coordination of the letters of permission for access to private properties for surveying and geotechnical investigations. Consultant shall mail the letters and perform follow-up phone calls as necessary to obtain the signed letters. 4. Coordinate the efforts of all involved in the project, including Consultant, the surveyor, the geotechnical engineer, the Town Staff, the Town Attorney, and the franchise utilities. Provide oversight of the schedule during the survey, land acquisition, and engineering process, to attempt to maintain the Town's desired schedule. 5. Coordination with the franchise utilities that are impacted by the proposed improvements. Provide copies of the improvements plans to each utility. Obtain schedules of proposed franchise utility clearing, and relate these schedules to the project schedule. 6. Arrange for and participate in informal meetings with Town of Prosper, NTMWD and TxDOT throughout the design phase to review progress and exchange ideas and Item 14 PROFESSIONAL SERVICES AGREEMENT PAGE 6 OF 22 information. Twelve (12) meetings are included within this scope. B. TASK 1 – PRELIMINARY DESIGN 1. Preliminary Design (Task 1) – The preliminary design shall include the following. a. Develop an alignment for the proposed pipeline and select the delivery point location at the future relocated NTMWD Frisco-McKinney 48-inch Pipeline. Route will be selected to avoid or minimize impacts to areas that may cause schedule delays or higher costs due to environmental, permitting, easement or engineering issues. b. Conduct field review, with representatives of the Town, of the project corridor to ensure avoidance or minimization of environmental, permitting, and engineering issues and determine presence of any additional constraints. c. Confirm the sizes of the control valve and meter in the meter vault based on future demand. Engineer will verify the existing valve and existing meter are acceptable based on the various head and flow conditions modeled. Engineer will then coordinate with valve manufacturers to confirm applicability of their products for the conditions expected. d. Contact various agencies and utility companies for information regarding roadway, foreign utilities and stream crossings along proposed alignment. Author correspondence to public and private utility companies with potential facilities in the area notifying them of the project and requesting information as to the location of any of their existing, proposed, or relocated facilities. e. Meet with the Town of Prosper and NTMWD to review the recommended alignment and meter location. Adjust the alignment based upon Town and NTMWD comments prior to release of surveying. Survey to be completed in accordance with the Special Services. f. Submit the Engineer’s probable cost opinion for the recommended pipeline alignment and recommendations. C. TASK 2 – CUSTER ROAD PL AND METER VAULT RELOCATIONS 1. Final Design (Task 2) – The final design shall include the following. a. FNI will prepare a 60% design submittal. The submittal will include construction drawings at a scale of 1”=20’ horizontal and 1”=5’ vertical, five (5) half size (11”x17”) construction drawings, updated schedules and updated opinion of probable construction cost. These items will be submitted to the Town at the 60% submittal date. In addition, the submittals will include electronic copies of the construction drawings in pdf format. Typical sheets used in the project will be: i. Cover Sheet ii. General Notes iii. Project layout control iv. Plan and Profile sheets Item 14 PROFESSIONAL SERVICES AGREEMENT PAGE 7 OF 22 v. Vault Plan and Section Sheets vi. Architectural Sheets vii. Mechanical Sheets viii. Electrical and Instrumentation Sheets ix. Details b. Prepare plan and profile drawings of the pipeline using available Survey, Geotechnical, SUE and Environmental data. All drawings will be produced on AutoCAD Version 2004 (or later). c. Provide civil and piping design for the proposed meter vault and electrical building in accordance with NTMWD’s Meter Vault Standard. Design will include details for the valve installation and piping. Prepare plans, sections and details for installation of the new vaults, valves, flow meter and other pertinent details. Provide structural design and plan views, sections, elevations and details of the vault foundations. Prepare general plans, architectural plans, mechanical plans, horizontal control plans and site plans. d. Provide electrical and instrumentation design for the motor operated valve(s), flow meters and vault at the delivery point. Power for equipment will originate from the electrical utility lines near the sites and will be connected to new electrical panelboards and disconnects for the valves. The signals associated with new controls and instrumentation will be routed to a new RTU cabinet with a new PLC. Existing structure and new radio communications antenna will be used where feasible. New radio towers will be shown for areas where existing structures cannot be used to support the antenna. e. Prepare required front-end and technical specifications for the project and a table of contents for anticipated technical specification sections. f. Update the opinion of probable construction costs developed during the Preliminary Design Phase based on new information obtained during the 60% Design Phase. g. Town will consolidate their submittal review comments and provide to Engineer at the Review Meeting. h. Upon receipt of the Town’s comments on the 60% submittals, one (1) review meeting will be held to discuss the review comments and recommendations based on the 60% plans. Resolve comments and address in the 90% Design Submittal or prepare a written response of disagreement. i. Prepare two (2) separate drawings to be submitted to TxDOT for their review. One set of plans will be used for reimbursement submittal to TxDOT and the other set will be color coded and be used for the utility permitting application process for TxDOT. Prepare details for pipeline connection points for the 90% submittal. j. Once the 60% comments have been received from the Town, FNI will prepare 90% documents. The submittal will include five (5) sets of half size (11”x17”) construction drawings, specifications, contract documents, bid proposal, updated schedule and updated opinion of probable construction cost. In addition, the Item 14 PROFESSIONAL SERVICES AGREEMENT PAGE 8 OF 22 submittals will include electronic copies of the construction drawings in pdf format. k. Upon receipt of the Town’s comments on the 90% submittal, one (1) review meeting will be held to discuss the review comments and recommendations based on the 90% plans. l. Once the 90% comments have been received from the Town, FNI will prepare 100% documents. The submittals will include five (5) sets of half size (11”x17”) construction drawings, specifications, contract documents, bid proposal, updated schedule and updated opinion of probable construction cost. In addition, the submittal will include electronic copies of the construction drawings in pdf format. m. Upon receipt of the Town’s comments on the 100% submittal, one (1) review meeting will be held to discuss the review comments and recommendations based on the 100% plans. n. Prepare the TxDOT initial reimbursement package including one (1) color coded set of drawings per TxDOT requirements. o. Upon receipt of TxDOT comments on the initial reimbursement package, one (1) review meeting with TxDOT will be held to discuss review comments and recommendations based on the initial reimbursement package. p. Once comments initial reimburse package comments have been received from TxDOT, prepare the TxDOT final reimbursement package including one (1) “Final” SEALED drawings for the reimbursable package submittal to TxDOT, which will be color coded per TxDOT requirements. FNI will also prepare one (1) “Final” SEALED set of documents to TxDOT that will be used for the utility authorization permit needed for construction within TxDOT right of way (different set of plans form the reimbursement package). Any additional submittals to TxDOT for the reimbursement package or the utility permit will be performed as an Additional Service. Any permit or application fees will be the responsibility of the OWNER. q. Once the 100% comments have been received from the Town, FNI will prepare “final” documents. Provide “final” plans, specifications, contract documents, and bid proposals for construction contracts to complete this project and in accordance with the Town’s bidding procedures. Five (5) sets of half size (11”x17”) construction drawings, specifications, contract documents, bid proposals and opinion of probable construction costs will be provide to the OWNER during the bidding process. In addition, the submittal will include electronic copies of the construction drawings in pdf on CDs. r. Upon completion of the design services and approval of “final” drawings and specifications by OWNER, FNI will submit these to the TCEQ for review and approval. The project may be advertised and reviewed by the TCEQ concurrently as directed by OWNER, however the project cannot start construction until TCEQ approval. D. TASK 3 - BID PHASE - Upon completion of the design services and approval of "Final" drawings and specifications by Town, Consultant will proceed with the performance of services Item 14 PROFESSIONAL SERVICES AGREEMENT PAGE 9 OF 22 in this phase as follows: 1. Assist Town in securing bids. Issue a Notice to Bidders to prospective contractors and vendors listed in Consultant's database of prospective bidders, and to selected plan rooms. Provide a copy of the notice to bidders for Town to use in notifying construction news publications and publishing appropriate legal notice. The cost for publications shall be paid by the Town. 2. Print Bid Documents and distribute to selected plan rooms, and to prospective bidders that respond to the Notice to Bidders. 3. Maintain information on entities that have been issued a set of bid documents. Distribute information on plan holders to interested contractors and vendors on request. 4. Assist Town by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents to plan holders if necessary. 5. At Town request, Consultant will assist Town in the opening, tabulating, and analyzing the bids received. Review the qualification information provided by the apparent low bidder to determine if, based on the information available, they appear to be qualified to construct the project. Recommend award of contracts or other actions as appropriate to be taken by Town. 6. Assist the Town in conducting a pre-bid conference for the construction projects and coordinate responses with Town. Response to the pre-bid conference will be in the form of addenda issued after the conference. 7. Assist Town in the preparation of Construction Contract Documents for construction contracts. Provide ten (10) sets of Construction Contract Documents for each construction contract, which include information from the apparent low bidders bid documents, legal documents, and addenda bound in the documents for execution by the Town and construction contractor. Distribute five (5) copies of these documents for each construction contract to the contractor with a notice of award that includes directions for the execution of these documents by the construction contractor. Provide Town with the remaining five (5) copies of these documents for each construction contract for use during construction. Additional sets of documents can be provided as an additional service. 8. Furnish contractor copies of the drawings and specifications for construction pursuant to the General Conditions of the Construction Contract. E. TASK 4 - CONSTRUCTION PHASE - Upon completion of the bid or negotiation phase services, Consultant will proceed with the performance of construction phase services as described below. Consultant will endeavor to protect the Town in providing these services. However, it is understood that Consultant does not guarantee the Contractor's performance, nor is Consultant responsible for supervision of the Contractor's operation and employees. Consultant shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. Consultant shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. Item 14 PROFESSIONAL SERVICES AGREEMENT PAGE 10 OF 22 The Town agrees to include provisions in the construction contract documents that will require the construction contractors to include Consultant and their subconsultants on this project to be listed as an additional insured on contractors’ insurance policies. 1. Assist Town in conducting pre-construction conference with the Contractor, review construction schedules prepared by the Contractor pursuant to the requirements of the construction contract, and prepare a proposed estimate of monthly cash requirements of the Project from information provided by the Construction Contractor. 2. Establish communication procedures with the Town and Contractor. 3. Establish and maintain a project documentation system consistent with the requirements of the construction contract documents. Monitor the processing of contractor’s submittals and provide for filing and retrieval of project documentation. Review contractor's submittals including requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract documents for the projects. 4. Based on Consultant's observations as an experienced and qualified design professional and review of the Payment Requests and supporting documentation submitted by Contractor, determine the amount that Consultant recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract. 5. Make one visit per month for 12 month construction duration to the water pipeline site to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort Consultant will endeavor to protect the Town against defects and deficiencies in the work of Contractors and will report any observed deficiencies to the Town. Visits to the site in excess of the specified number are an Additional Service. 6. Notify the contractor of non-conforming work observed on site visits. Review quality related documents provided by the contractor such as test reports, equipment installation reports or other documentation required by the Construction contract documents. 7. Interpret the drawings and specifications for the Town and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by the Town, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an Additional Service. 8. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the Town to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the Town. Documentation of field orders, where cost to Town is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the Town are an additional service. Substitutions of materials or equipment or design modifications requested by the Town are an Additional Service. Item 14 PROFESSIONAL SERVICES AGREEMENT PAGE 11 OF 22 9. Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of contractor claims and make recommendations to the Town on the merit and value of the claim on the basis of information submitted by the contractor or available in project documentation. Endeavor to negotiate a settlement value with the Contractor on behalf of the Town if appropriate. Providing these services to review or evaluate construction contractor(s) claim(s), supported by causes not within the control of Consultant are an Additional Service. 10. Upon substantial completion, work with Town to inspect the construction work and prepare a punch-list of those items to be completed or corrected before final completion of the project. Submit results of the inspection to Town and the Contractor. 11. Conduct, in company with Town's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assist the Town in obtaining legal releases, permits, warranties, spare parts, and keys from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). Visiting the site to review completed work in excess of two trips are an Additional Service. 12. Revise the construction drawings in accordance with the information furnished by construction Contractor(s) reflecting changes in the Project made during construction Two (2) sets of prints of "Record Drawings" shall be provided by Consultant to the Town. Consultant shall also provide a DWG electronic copy of the Record Drawings to the Town. Item 14 PROFESSIONAL SERVICES AGREEMENT PAGE 12 OF 22 SPECIAL SERVICES A. TASK 5 - TOPOGRAPHICAL SURVEY: - Upon written notice to proceed, Consultant shall retain (as a subconsultant) and monitor the services of a surveying firm to perform surveying services for the project. The following survey shall be provided. 1. Abstract map of the proposed pipeline alignment. This map will consist of available property line information from the Collin County Appraisal District. The abstract property information will be overlaid onto an aerial photograph of the Town of Prosper, and used to determine and display the pipeline alignment. 2. Prepare letters of permission for access to private properties for surveying and geotechnical boring activities. These letters are to be put on the Town of Prosper letterhead and sent to the appropriate landowners. 3. Perform a design topographic survey of the pipeline alignments. Survey all surface features within the survey areas, including 1-foot contours, ditches, creeks, outlines of tree-lines, telephone poles, fences, valves, vaults, manholes, roads, culverts, buildings, mailboxes, utility boxes, driveways, and all other such surface features. 4. Call DigTess to flag all existing underground franchise utilities, and survey these utilities into the design survey. Research existing Town of Prosper utility plans, and include these lines in the survey. B. TASK 6 - EASEMENT DOCUMENTS: – Upon written notice to proceed, FNI shall retain (as a subconsultant) and monitor the services of a surveying firm to perform easement document services for the project. The following shall be provided. 1. Prepare an exhibit and boundary easement description for each tract that the proposed water lines will cross. The legal descriptions and plats shall meet the criteria stated below. Easements shall be signed and sealed by a Registered Professional Land Surveyor, currently registered in the State of Texas. Each easement shall have attached to it a copy of the corresponding deed for that property and a closure computation sheet for the easement tract. The exhibit plat will include any temporary construction easement required for the project. This information will be shown on the exhibit only and not included within the legal descriptions. A draft copy of each easement shall be submitted. After review by the Town, Consultant shall incorporate comments as appropriate and submit one final copy of the easements and deeds to the Town. This proposal is based upon preparation of 2 permanent water easements, 2 temporary construction easements and 1 access easement. Easements prepared in excess of this number will be an additional service. 2. Exhibit Plats and legal descriptions must meet all the rules of the Texas Board of Professional Land Surveying and the Professional Land Surveying Practices Act. The Manual of Practice for Land Surveying in the State of Texas, as published by the Texas Society of Professional Surveyors, is the standard to which all Consultant’s survey work shall be performed. The latest revision will be used. Item 14 PROFESSIONAL SERVICES AGREEMENT PAGE 13 OF 22 3. Legal descriptions shall include sufficient information to identify the location, boundaries, monumentation, and area of the described tract, as well as its relationship to the parent tract out of which it is surveyed. Each legal description shall be accompanied by an exhibit plat which depicts the worded description. Legal descriptions and Exhibit Plats shall be reproduced on 8 1/2 x 11 size paper. All must be legible. The Exhibit Plat or Legal Description should be able to stand alone. a. The Exhibit Plat should contain the following: i. North Arrow ii. Graphic Scale iii. Legend iv. Mathematical Closure v. Abstract name and number vi. Basis of bearing vii. Controlling Monuments viii. Check bearings and distances against legal description (They should be the same) ix. Show adjoiners x. Show existing easements (with instrument recording information) xi. Exhibit plat should acknowledge existence of the Legal description xii. Line and curve tables are discouraged xiii. Curve data must contain the following: delta, radius, length, long chord bearing and long chord distance. State if curve is tangent or non-tangent. xiv. The survey plat shall bear the firm name, surveyors name, address, and phone number of the land surveyor responsible for the land survey, his/her official seal, his/her original signature, and date surveyed (663.19.5) xv. Acreage to the appropriate number of decimal places. (no square feet) b. The Legal Description shall contain the following (metes and bounds descriptions only): i. General Description 1. Name of current owner of record 2. Type of conveyance record (warranty deed, quit claim deed, etc.) 3. The conveyance instrument recording information (Deed record Volume and Page) 4. Survey Name and Abstract Number 5. County, Town, and State ii. Specific Description 1. POINT OF BEGINNING tied to a monumented corner of the parent tract 2. Check bearings and distances against Exhibit plat (They should be the same) 3. Curve data must contain the following: delta, radius, length, long chord bearing and long chord distance. State if curve is tangent or non-tangent. 4. References to adjoining properties 5. Basis of Bearing 6. Legal description should acknowledge existence of the Exhibit plat 7. Acreage to the appropriate number of decimal places. (no square feet) Item 14 PROFESSIONAL SERVICES AGREEMENT PAGE 14 OF 22 C. TASK 7 - SUBSURFACE UTILITY ENGINEERING (SUE): - Consultant will subcontract with a SUE firm to provide the following SUE services: Engineer will retain and monitor the services of a subsurface utility engineering (SUE) firm to provide the following SUE services in accordance with ASCE Publication CI/ASCE 38-02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data): 1. Provide vertical location (Locating, Quality Level A) of existing utilities for up to two work days (approximately 2 test holes) by means of non-destructive vacuum excavation methods. Vertical locating and surveying conducted in excess of this amount will be billed at the unit price per hour as stated in the compensation section of this proposal. 2. SUE firm shall provide its own survey crew to tie-in located and designated utilities to the design survey utilizing the same control points set by the topographic survey sub consultant. D. TASK 8 - ENVIRONEMENTAL SERVICES: – Consultant will render the following professional environmental services in connection with the project. The pipeline alignment will include at least one crossing of waters of the U.S., therefore, construction will likely require 404 permit authorization. This scope assumes that the pipeline can be designed and authorized under the terms and conditions of Nationwide Permit (NWP) 12, Utility Line Activities, without a pre-construction notification PCN). FNI proposes the following scope of services to address these requirements: 1. Compile Information Assemble data such as aerial photos, ROW limits, and alignments in digital format for use in a GPS data logger. Create Data Dictionary for GPS data logger for data collection. 2. Conduct site visit for water line alignment FNI environmental scientists will conduct a site visit to make observations along the proposed pipeline alignment in order to document existing conditions (environment) and assess project impacts. The presence and locations of waters of the U.S., including wetlands; potential threatened/endangered species habitat; and vegetation cover types will be identified in the proposed ROW. 3. Consult with Texas Historical Commission (THC) Projects sponsored by public entities that affect a cumulative area greater than five acres or that disturb more than 5,000 cubic yards require advance consultation with the Texas Historical Commission according to Section 191.0525 (d) of the Antiquities Code of Texas. Because the proposed project is expected to exceed these thresholds, coordination with THC will be required. FNI will prepare a letter to the Texas Historical Commission describing the project and requesting their review. In the event that the THC requires an archeological survey, with the City’s approval FNI will retain and coordinate the services of a qualified professional archeologist to obtain the required Texas Antiquities Permit, perform the survey, and prepare a survey report as an additional cost. 4. Prepare Technical Memorandum FNI will prepare a technical memorandum documenting the results of the site visit including photos, GPS information, and an opinion on the Section 404 permitting requirements. FNI will then recommend what, if any, additional studies are needed and a proposed course of Item 14 PROFESSIONAL SERVICES AGREEMENT PAGE 15 OF 22 action needed to get the project authorized under a Section 404 permit. Additional studies, including a detailed wetland delineation, are not a part of this scope of services. 5. Meet with Town of Prosper FNI environmental scientists will attend one meeting with Town/ to discuss the draft technical memorandum, the Town’s comments, and the USACE permitting process. E. TASK 9 - GEOTECHNICAL ENGINEERING SERVICES: - Consultant will render the following geotechnical engineering professional services in connection with the project consisting of field exploration, laboratory testing, engineering analysis, and reporting. 1. Select approximate locations for exploratory borings. Engineer will select and stake the specific locations after checking underground utilities, other existing construction, and accessibility. Engineer will coordinate with the Town and submit required documentation and permit prior to drilling. Ground surface elevations for the borings are to be determined by surveyor. 2. Subcontract with a drilling contractor to drill one (1) boring to a depth of 35 feet within the footprint of the meter vault and one (1) boring to a depth of 25 feet along the pipeline. The borings will be drilled with continuous flight augers. 3. Provide an engineer or geologist experienced in logging borings to direct the drilling, log the borings, handle the samples. 4. Select samples for determination of general soil classification and pertinent engineering properties, and subcontract with a geotechnical testing laboratory to perform the testing. Testing is expected to include liquid and plastic limits, percent passing a no. 200 sieve or gradation, moisture content, and unconfined compressive strength. 5. Review subsurface conditions and soil properties found by the field and laboratory work and discuss the implications for design with FNI engineers. 6. Prepare a memorandum report presenting the boring locations, boring logs, a discussion of general subsurface conditions within the footprint of the vault and along the pipeline route and their impact on design. The report will include recommendations for foundation design for the meter vault. The memorandum will also include a discussion of potential construction issues appropriate for the project. ADDITIONAL SERVICES: Additional Services to be performed by Consultant, if authorized by the Town, which are not included in the above described scope of services, are described as follows: A. The short circuit, coordination and arc flash study will be a performance specification for this project. If the Engineer is required to perform the short circuit, coordination and arc flash study for the electrical equipment specified under this contract, this shall be additional services. B. Field layouts or the furnishing of construction line and grade surveys. C. Mitigation planning required by the USACOE 404 permit. D. Providing consultation concerning the replacement of any Work damaged by fire or other cause Item 14 PROFESSIONAL SERVICES AGREEMENT PAGE 16 OF 22 during the construction, and providing services as may be required in connection with the replacement of such Work. E. Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by the Town. F. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. G. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of equipment at any site remote to the project or observing tests required as a result of equipment failing the initial test. H. Preparing Operation and Maintenance Manuals or conducting operator training. I. Assisting the Town in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). J. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications. K. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work. L. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this Agreement. M. Services required to resolve bid protests or to rebid the projects for any reason. N. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the contractor(s) to complete the work within the contract time. O. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. P. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are supported by causes not within the control of Consultant. Q. Providing value engineering studies or reviews of cost savings proposed by construction contractors after bids have been submitted. R. Provide follow-up professional services during Contractor's warranty period. S. Furnishing the services of a Resident Project Representative to act as the Town’s on-site representative during the Construction Phase. Item 14 PROFESSIONAL SERVICES AGREEMENT PAGE 17 OF 22 T. Detailed settlement studies or other engineering issues resulting from soft soil conditions or other unexpected site conditions. U. Cathodic control design and construction consisting of field evaluations, engineering analysis and construction services. V. Providing additional analysis of the hydraulic water model to determine pressure settings for existing and proposed control valves. W. Providing easement acquisition services. X. The following environmental items: Y. Preparation of a detailed wetland delineation and jurisdictional determination report. Z. Preparation of a Phase I Environmental Site Assessment (ESA). AA. Preparation of a formal written request for USACE authorization under a letter of permission procedure. BB. Preparation of a standard individual Section 404 permit application. CC. Preparation of Environmental Information Document, Environmental Assessment, or an Environmental Impact Statement. DD. Meetings or consultation with the USACE or other resource agencies, except as specifically noted in the scope of services. EE. If required by the USACE, FNI can assist the Town with holding a Public Hearing by preparing public notices, submitting notices to local newspaper(s); providing verbatim transcript services, attending the public hearing; and incorporating the hearing record into the EA. FF. Presence/absence surveys for federally listed threatened/endangered species. GG. Preparation of a mitigation plan to compensate for impacts to waters of the U.S. HH. Application for Texas Parks & Wildlife Department Sand and Gravel Permit. II. Additional field investigations or analysis required to respond to public or regulatory agency comments. JJ. Consultation with the U. S. Fish and Wildlife Service under Section 7 of the Endangered Species act. KK. Mitigation monitoring if required by permit conditions. Item 14 PROFESSIONAL SERVICES AGREEMENT PAGE 18 OF 22 LL. Monitoring for compliance with permit conditions. MM. Additional modifications to the compensatory mitigation plan. NN. Assist with the payment of an EID processing fee if levied by the USACE. OO. Cultural resource surveys required by the THC. PP. Furnishing Special Inspections required under chapter 17 of the International Building Code. These Special Inspections are often continuous, requiring an inspector dedicated to inspection of the individual work item, and they are in additional to General Representation and Resident Representation services noted elsewhere in the contract. These continuous inspection services can be provided by FNI as an Additional Service. III. DELIVERABLES Task 1 & 2 – General Items, Contract Admin, Preliminary & Final Design Provide final design plans and specifications for the 36-inch supply pipeline, meter vault, electrical building and appurtenances. Task 3 – Bid Phase Services Assist the Town in securing bids and issuing construction plans and specifications for the design of the project. Task 4 – Construction Phase Provide general construction representative services throughout the construction of the project. Task 5 – Topographical Survey AutoCAD file with horizontal and vertical control points, property lines, existing easements, existing utilities and 1- foot contours. Task 6 – Easement Documents Exhibits and legal descriptions for the proposed permanent and temporary easements for the pipeline. Task 7 – Subsurface Utility Engineering AutoCAD file with horizontal locations of Level B locations and vertical elevation of Level A locations. Task 8 – Environmental Services Documentation from field observations and permit requirements for the remaining supply pipeline. Task 9 – Geotechnical Engineering Services Documentation from field exploration and laboratory testing on geotechnical bores utilized within the PL and EST sites. Item 14 PROFESSIONAL SERVICES AGREEMENT PAGE 19 OF 22 EXHIBIT B COMPENSATION/PRICING SCHEDULE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC., FOR THE CUSTER ROAD PIPELINE AND METER VAULT RELOCATIONS I. COMPENSATION SCHEDULE Task Completion Schedule Compensation Schedule Notice-to-Proceed July 2018 Task 1 – General & Preliminary Design September 2018 $29,525 Task 2 – Final Design January 2019 $153,250 Task 3 – Bid Phase February 2019 $14,600 Task 4 – Construction Phase June 2020 $51,950 Task 5 – Topographical Survey October 2018 $8,650 Task 6 – Easement Documents January 2019 $5,300 Task 7 – Subsurface Utility Engineering November 2018 $5,050 Task 8 – Environmental Services August 2018 $9,350 Task 9 – Geotechnical Engineering October 2018 $12,650 Total Compensation $290,325 II. COMPENSATION SUMMARY Basic Services (Lump Sum) Amount Task 1 – General & Preliminary Design $29,525 Task 2 – Final Design $153,250 Task 3 – Bid Phase $14,600 Task 4 – Construction Phase $51,950 Total Basic Services: $249,325 Special Services (Hourly Not-to-Exceed) Amount Task 5 – Topographical Survey $8,650 Task 6 – Easement Documents $5,300 Task 7 – Subsurface Utility Engineering $5,050 Task 8 – Environmental Services $9,350 Task 9 – Geotechnical Engineering $12,650 Total Special Services: $41,000 Direct Expenses Amount None $0 Total Direct Expenses: $0 Item 14 PROFESSIONAL SERVICES AGREEMENT PAGE 20 OF 22 EXHIBIT C INSURANCE REQUIREMENTS PROFESSIONAL SERVICES Services performed by consultants or other professionals, including but not limited to: Accountants, Attorneys, Architects, Engineers, Surveyors, Veterinarians, Real Estate Appraisal, Optometry, Landscape Architects, Medical Doctors, and Materials Testing. Service provider shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the service provider. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only, “claims made” forms are unacceptable, except for professional liability. 2. Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. 3. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. 4. Professional Liability, also known as Errors and Omissions coverage. B. MINIMUM LIMITS OF INSURANCE Service Provider shall maintain throughout contract limits not less than: 1. Commercial General Liability: $500,000 per occurrence /$1,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: a. Premises / Operations b. Broad Form Contractual Liability c. Products and Completed Operations d. Personal Injury e. Broad Form Property Damage 2. Workers Compensation and Employer’s Liability: Workers Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000 Disease- Policy Limit, and $100,000 Disease- Each Employee. 3. Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired, and non-owned autos. 4. Professional Liability aka Errors and Omissions: $500,000 per occurrence and in the aggregate. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town. Item 14 PROFESSIONAL SERVICES AGREEMENT PAGE 21 OF 22 D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain the following provisions: 1. General Liability and Automobile Liability Coverages a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the provider, products and completed operations of the provider, premises owned, occupied or used by the provider. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. b. The provider’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the provider’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. d. The provider’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the insured’s limits of liability. 2. Workers Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the provider for the Town. 3. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. 4. Professional Liability and / or Errors and Omissions: “Claims made” policy is acceptable coverage which must be maintained during the course of the project, and up to two (2) years after completion and acceptance of the project by the Town. E. ACCEPTABILITY OF INSURERS The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. F. VERIFICATION OF COVERAGE Service Provider shall provide the Town with certificates of insurance indicating the coverages required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. Item 14 PROFESSIONAL SERVICES AGREEMENT PAGE 22 OF 22 EXHIBIT D Item 14 Project Location Item 14 Item 14 Item 14 Item 14 Item 14 Page 1 of 1 To: Mayor and Town Council From: Doug Kowalski, Chief of Police Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 13, 2018 Agenda Item: Discussion on Public Safety Complex Phase 1 (Police Station and Dispatch) Facility. Description of Agenda Item: At the August 28, 2018, Town Council meeting, BRW presented two sets of exterior architectural designs of the Public Safety Complex Phase 1 (Police Station and Dispatch) Facility to get feedback from the Council. The first design was a baseline version that was within the current construction budget of $10,765,000, and conforms to the conceptual design the Town Council reviewed on June 26, 2018. The second design included various architectural enhancements for review by the Town Council. At that time, the enhancements were expected to be somewhere around $400,000 to $500,000 more than the construction budget, but a more precise construction estimate needed to be done by the Construction Manager-At-Risk (CMAR) to verify this approximation. With the approval of a CMAR for the project at the September 11, 2018, Town Council, meeting, the CMAR has been working with the architect to provide the construction cost estimate at milestones established in their agreement. The latest milestone is the 100% schematic design of the facility. Over the past month, Town staff, the architect and the CMAR have been working through the design and construction cost estimate at the 100% schematic design milestone, to further refine the scope of the baseline architectural version and enhanced architectural version for Town Council consideration. The original estimate from the CMAR for the baseline architectural version was more than the current construction budget and required value engineering to bring it back into budget. BRW will be presenting the latest architectural renderings of the facility along with specifics on the value engineering to bring the baseline version of the facility into budget. They will also be providing the additional estimated construction cost to facilitate the enhanced architectural version for Council direction moving forward. Attached Documents: 1.Architectural exhibits with additional estimated construction cost for enhanced version. Town Staff Recommendation: Town staff recommends that the Town Council provide feedback on the Public Safety Complex Phase 1 (Police Station and Dispatch) Facility. Prosper is a place where everyone matters. POLICE DEPARTMENT Item 15 BASELINE RENDERINGS Item 15 BASELINE RENDERINGS Item 15 BASELINE RENDERINGS Item 15 BASELINE RENDERINGS Item 15 Enhanced Façades - Alternate #1: $700,000 •Scope includes •Additional North-facing Clerestory •Addition of Stone Columns and Entrance Canopy at Secondary Lobby •Addition of Stone Columns at Multi-purpose Room •Sloped East-facing Roof with Overhang at Property/ Evidence •Pre-Engineered Aluminum Canopy Near the West Staff Entry •Price includes Contractor Markup and Additional Professional Services Fee Item 15 ENHANCED RENDERINGS – ALTERNATE #1: $700,000 Item 15 ENHANCED RENDERINGS – ALTERNATE #1: $700,000 Item 15 ENHANCED RENDERINGS – ALTERNATE #1: $700,000 Item 15 ENHANCED RENDERINGS – ALTERNATE #1: $700,000 Item 15 Page 1 of 2 To: Mayor and Town Council From: Dudley Raymond, Director of Parks and Recreation Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 13, 2018 Agenda Item: Discussion on State Highway 289 Entry Monument. Description of Agenda Item: At the July 10, 2018, Town Council meeting, staff presented the bids received for the Entry Monument signage project. The Town received three responses to the solicitation. These bids were significantly above the engineer’s estimated construction cost of $270,678. The bids ranged from $583,380 to $697,161. Town Council discussed using TIRZ funds to help fund the sign, possibly having Blue Star construct it, and/or value engineering the sign to meet the budget. After further discussions, it was determined that the use of TIRZ funds was not feasible as it requires an amendment to the agreement and those funds are not readily available. In discussion with the Town Attorney and Purchasing, it was decided that there wasn’t a good mechanism that would allow the Town to enter into an agreement with Blue Star for the construction. To allow flexibility with the bids, the Town intends to bid the project as a Competitive Sealed Proposal. This is an alternative procurement method by which a governmental entity may request proposals and pricing information based on the scope of work provided, and then award the project to the contractor that offers the best value and most advantageous proposal based on a set of criteria. The criteria and approval of an alternative method will be presented to Council at a later date. Staff will be presenting the entry monument sign, showing the following information: •The cost estimate of the entry monument sign with value engineering of the design. The value engineering would not change the appearance of the project or related elements as previously presented. •Cost breakdown of major components of the Entry Monument Sign. •An option that is within budget. Budget Impact: The current budget for the construction of the sign is $230,000. Attached Documents: 1.SH 289 Entry Monument Presentation Prosper is a place where everyone matters. PARKS & RECREATION Item 16 Page 2 of 2 Town Staff Recommendation: Town staff recommends bidding the project as competitive sealed proposal, with the base bid as the front sign and column, with options to add the back wall, flag pole system with lights, cable system, and retaining wall. Once bids are received, staff will present that information to Council and a decision can be made if additional funds need to be allocated. Item 16 PROSPER, TX ENTRY SIGNAGE DESIGN CONCEPTS Item 16 CONTEXT Major and Minor Gateways Project Location Blue Circle: Minor Gateway Red Circle: Major Gateway Item 16 Town Entry Sign US 380 CONCEPT Lo v e r s L a n e Item 16 +/-32’ REBCON, INC. FORT WORTH CIVIL CONSTRUCTORS, LLC GHB EQUIPMENT COMPANY, LLC PRICE ($) 593,481.28 PRICE ($) 653,451.98 PRICE ($) 708,261.98 Design Elements •Concrete wall with stone façade •Curved concrete sign wall with stone veneer •Flag pole with in-ground lighting ENTRY MONUMENT BASE BID Item 16 MATERIALS Rough Cut Stone Smooth Cut Stone Brushed Aluminum Corten Steel Item 16 DESIGN APPROACH ALTERNATIVES Item 16 ORIGINAL DESIGN WITH VALUE ENGINEERING Over construction budget of $230K Revisions include the following: •Front sign & monument built retaining wall with CMU Core. •Reduce wall width by approximately 12”. •Redesign of piers. •Reduced front sign width. ENGINEERS OPINION OF PROBABLE COST PRICE ($) 560,000.00 POTENTIAL COST SAVINGS FROM BASE PRICE ($) 34,000.00 +/-32’ Item 16 RECOMMENDED OPTION ENGINEERS OPINION OF PROBABLE COST PRICE ($) 230,000.00 POTENTIAL COST SAVINGS FROM BASE PRICE ($) 363,500.00 Meets construction budget of $230K Revisions include the following: •Front sign & monument built with CMU. •Removal of both retaining walls & cable barrier system. •Reduction in backfill. •Removal of flag poles and associated lighting. •Removal of corten sign with associated appurtenances. •Reduce column to 30’.+/-30’ Item 16 BIDDING APPROACH COMPETITIVE SEALED PROPOSAL (CSP) •Allows to value engineer further once bids are received (working with contractor prior to bid award). •Can add criteria to the bidding to get best value. •Can add or deduct options to meet budget. BASE BID •Front wall •Column (30’ height) BID ALTERATES/OPTIONS •Flag Poles & Lighting •Back Wall with Windmill •Cable System +/-30’ Section View Item 16 QUESTIONS Item 16 Page 1 of 2 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 13, 2018 Agenda Item: Discussion on Multifamily Rental Inspection Program. Background/Description of Agenda Item: One of the Town Council’s Major Initiatives within the goal of “Ensure Quality Development,” is “Implement a Multifamily Rental Inspection Program.” In addition to 28 older apartment units in the downtown area, there are three (3) larger apartment complexes in the Town – Adara Windsong Ranch, Orion Prosper and Orion Prosper Lakes on Coit Road. These three (3) complexes have a total of 920 units. But there is a potential for an additional 3,719 apartment units entitled by current zoning, and 480 units are proposed in the WestSide Development on US 380, east of FM 1385. At build-out this will represent approximately 12% of the total population of the Town. In September 2017, the staff provided a briefing and received direction to proceed with the program. Since that time, staff began researching components of other cities’ programs and filled the new Code/Health Supervisor position, intended to develop and oversee the program. The inspection program will focus on the maintenance standards of multifamily units, would supplement the Town’s Property Maintenance Code, and address the following: •Ensure the Town has the up-to-date contact information for the management company and ownership; •Define responsibilities of the owner/manager of the complex; •Ensure all elements of the exterior and interior are maintained to provide safe living conditions, deter deterioration, rodents and other pests; •Ensure HVAC units, water heaters and related mechanical equipment and plumbing, and are in proper working condition and provide time requirements for the repair of such equipment; •Ensure vacant units are secured; •Operable electrical systems •Exterior appearance (Please refer to the attached Multifamily Rental Inspection Components) Prosper is a place where everyone matters. PLANNING Item 17 Page 2 of 2 Registration Fee: Area cities with this program charge an annual registration fee, typically based on the number of units to offset the cost of inspections and managing the program. The range of these fees is $5.00 per unit with a minimum of $200.00 to $13.80 per unit. McKinney charges $25.00 per apartment building. Staff is recommending the fee be $10.00/unit with a minimum of $200.00. Implementation: Upon direction from the Town Council, staff will provide the approved draft to the owners and managers of apartment complexes in the Town and the Apartment Association of Greater Dallas, and prepare an ordinance for adoption at the December 11, 2018, Town Council meeting. Attached Document: 1. Draft Multifamily Rental Inspection Standards 2. Draft Multifamily Rental Inspection Components Town Staff Recommendation: Town staff recommends that the Town Council provide feedback on the Multifamily Rental Inspection Program. Item 17 Draft 1 Town of Prosper Amendments to 2015 International Property Maintenance Code Multifamily Rental Inspection Program Purpose This purpose of this ordinance is to pro-actively, • Provide minimum standards and to protect the health, safety, and welfare of the occupants of multifamly dwelling complexes and the general public, • Preserve property values, and • Promote economic vitality, on-going investment, and maintenance. Definitions Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter and as defined in section 3.11. Building code shall mean the building code adopted by the Town in section 3.04. Bedroom means any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit and meeting the requirements of section 3.11. Clean means free from dirt, impurities or multiple stains; hygienic conditions and practices that serve to promote or preserve health. Common area means communal areas of the complex, including hallways, stairways, lobby areas, laundry rooms, pool facilities, green spaces, recreation rooms and parking lots Dwelling unit means a building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters of a family and includes facilities for food preparation, sleeping and sanitation. Exterior property means the open space on the premises and on adjoining property under the control of owners or operators of such premises. Hot water shall mean water supplied to plumbing fixtures at a temperature of not less than 110 degrees Fahrenheit. Landlord means the owner, operator, lessor, management company, managing agent or on-site manager of a multifamly dwelling. Multifamily dwelling means a building or buildings containing three (3) or more dwelling units. Occupant means any individual living or sleeping in a building, or having possession of a space within a building. Premises mean a lot, parcel, tract or plot of land, with the buildings and structures. Property manager means a person who, for any form of consideration, has managing control of a premises. Representative sample means any number of dwelling units at the multifamily establishment as determined by the Town manager or the Town managers designated representative. Tenant means a person, corporation, partnership or group other than the legal owner of record, occupying a building or portion thereof as a unit. Town shall mean the Town of Prosper, Texas. Item 17 Draft 2 Town staff means the staff of the Town of Prosper duly authorized to enforce the provisions of this ordinance as it exists or is amended. Registration required. 1. The landlord of a multifamily dwelling complex that is one (1) year or older with (3) or more dwelling units shall annually register the complex with the Development Services. For newly constructed multifamily dwelling complexes, the landlord shall register the complex on or before the one (1) year anniversary of the issuance of the first certificate of occupancy for the first building intended for occupancy. 2. A registration is valid for one (1) calendar year, unless the ownership of the complex changes. 3. If a change in ownership of the complex occurs during the period that a registration is otherwise valid, the landlord of the complex shall have thirty (30) days from the date the change of ownership occurred to file a new registration with the Department of Development Services. 4. Town staff shall provide notice of the requirement to submit the required initial and/or annual registration and fee as established below to the property owner as identified on the tax roll and to the landlord, if known. Notice shall be provided via the United States mail. 5. Notice of the first, initial registration shall be provided to the property owner and landlord, if known, a minimum of sixty (60) calendar days prior to the deadline to submit the completed registration and fees. 6. Notice of subsequent annual, renewal registrations shall be provided to the owner and landlord, if known, a minimum of thirty (30) calendar days prior to the deadline to submit the completed registration and fees. 7. Annual registration or renewals postmarked or received after the identified deadline date shall be assessed an additional fee increase of: a. Ten percent (10%) if received within 30 calendar days after the due date; b. Thirty percent (30%) if received within 31 to 60 calendar days after the due date; or 8. Fifty percent (50%) if received more than 61 days after the due date. 9. All fees must be current with the Town prior to the renewal of a registration certificate. 10. The registration shall be on a form prescribed by Development Services and shall at a minimum contain the following information about the complex: a. The trade name, physical address, business mailing address and total number of units; b. The names of designated employees or authorized representatives who shall be assigned to respond to emergency conditions and a telephone number where said employees can be contacted during any twenty-four (24) hour period. Emergency conditions shall include fire, natural disaster, flood, burst pipes, collapse hazard and violent crime; c. The names, addresses, and telephone numbers of the property owner, property manager, resident manager, registered agent, all federal, state, and local funding agencies; and the type of business entity which owns the complex; and d. The names, addresses and telephone numbers of any mortgage lienholders. 11. A landlord commits an offense if the landlord operates a multifamly dwelling complex which is not currently registered with the Town as prescribed. Item 17 Draft 3 12. Posting of the registration is required and is non-transferable. Fees. 1. The landlord of a multifamly dwelling complex shall annually pay the Town a fee which includes registration and inspection. 2. A fee of ten dollars ($10.00) per dwelling unit with a minimum of two hundred dollars ($200) per year shall be submitted annually with the registration form required by the Town of Prosper. 3. The landlord of a multifamly dwelling complex that fails a periodic inspection as provided for in this section shall eliminate all violations identified at the time of the periodic inspection. Follow-up inspections shall be scheduled by the director or the director's representative after a period of time determined by the director or the director's representative to be sufficient for the landlord to abate the violations. Inspection fees shall be assessed as follows: a. Initial inspection and first re-inspection — no fee b. Second re-inspection —One hundred fifty dollars ($150.00)/unit or public area c. Third and subsequent re-inspections —Three hundred dollars ($300.00)/unit or public area. Inspection. To determine compliance with minimum building and property maintenance standards in accordance with the International Property Maintenance Code and other applicable Town codes and to determine compliance with this article, Town staff shall conduct scheduled inspections of the premise. 1. Inspections required. Issuance of a rental permit shall require an inspection of the rental unit by the Town to determine compliance with applicable state and local law. a. Periodic inspections b. Follow-up inspections; c. Inspections based on indications of code violations, including complaints filed with the Town manager or Town manager’s designated representative 2. Inspections by Town staff are intended to identify and abate issues identified in the list of “Multifamily Rental Inspection Components” as maintained and periodically updated by the Town. Inspection of the premise shall include, a. All building exteriors; b. All exterior and interiors of common areas; c. Vacant dwelling units; and d. Outdoor and any unenclosed areas on the premise e. Representative sample of ten percent (10) with a minimum of five (5) occupied dwelling units upon receipt of consent by the unit’s tenant or other recourse as provided by law. 3. Town staff may inspect portions of a multifamly dwelling complex as frequently as the Town Manager, Building Official, Fire Marshal or their designated representatives deem necessary. Item 17 Draft 4 4. Town staff shall make follow-up inspections of a multifamly dwelling complex which fails a periodic inspection and to inspect all areas included in the periodic inspection until such time as the violation are abated. Offenses. A landlord commits and offense if the landlord; 1. Operates a multifamly dwelling complex which is not currently registered with the Town of Prosper as required by this article; 2. Fails to pay administrative fees as required by this article 3. Maintains a property in violation of the Town’s Property Maintenance Code 4. Commits any other violation of this article Item 17 Draft Multifamily Rental Inspection Components (Not intended to be an all-inclusive list – please contact Code Compliance at 972-346-3502 if additional information is desired) Common, Required Standards 1. Habitable rooms meet required ceiling heights 2. Habitable rooms meet required floor area and width 3. Required kitchen sinks, cooking appliances, and refrigerator 4. Required private bathroom with commode, lavatory, and bathtub or shower 5. Required natural lighting 6. Required mechanical ventilation 7. Required electric outlets and lights 8. Approved heating system 9. Approved air-conditioning system 10. Smoke Alarms Critical - Requires 72 Hour Compliance 1. Vermin infestation/mosquito or rodent harborage 2. Sewage leaks/lack of proper disposal 3. Lack of hot water 4. Broken windows (not just cracked) 5. Lack of Air Conditioning or Heating (except for earlier noted life safety requirements 6. Unsecured building 7. Lack of electricity 8. Water leaks 9. Operating without valid permit 10. Lack of proper sink, stove, refrigerator Life Safety - Requires 24 Hour Compliance* 1. Exposed wiring in a location accessible to persons 2. Stairs or stair landings capable of collapse 3. Balconies capable of collapse 4. Stair rails or balcony rails missing or capable of collapse 5. Wiring in violation of NEC capable of igniting combustible material 6. Non-functional/inadequate smoke alarms 7. Lack of safe exit facilities or blocked safe exits 8. Load-bearing structures in imminent danger of collapse 9. Lack of A/C when ambient temperatures exceed 95° F 10. Lack of water 11. Improperly vented gas-fueled appliances 12. Water heater without approved safety device 13. Drowning hazard 14. Trench/Excavation hazard ∗ The Timing of the abatement of any Fire- Related, Life Safety Issues Shall be Determined by the Fire Marshal Common Code Corrections – Requires 10 Days Compliance 1. Junk Motor Vehicles 2. High Grass/Tree Limb Encroachment 3. Illegal Storage 4. Trash/Debris 5. Parking on Unimproved Surface/Oversize Vehicles 6. Junk Motor Vehicles 7. High Grass 8. Illegal Storage 9. Trash/Debris 10. Parking on Unimproved Surface/Oversize Vehicles Non-Critical – Requires 30 Days Compliance 1. Roof in poor condition but not leaking 2. Roof of non-similar materials/colors 3. Floors in disrepair 4. Unapproved floor surface 5. Limb Encroachment 6. Unsightly conditions 7. Inconsistent paint scheme 8. Faulty weather protection or roof 9. Absorbent bathroom flooring Item 17 To: Mayor and Town Council From: Kala Smith, Human Resources Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 13, 2018 Agenda Item: Consider and act upon authorizing the Town Manager to execute an application for renewal of Stop Loss Coverage with Blue Cross Blue Shield of Texas, effective January 1, 2019. Description of Agenda Item: The Town of Prosper has Stop Loss Coverage through Blue Cross Blue Shield of Texas (BCBSTX) for calendar year 2018 with an individual claim loss maximum of $50,000. This policy reimburses the Town for any individual claims over $50,000. It also set a maximum total for total claims of the Town. For calendar year 2018 the stop loss coverage costs the Town a monthly per employee fee of $238.00. BCBSTX has offered a renewal of the stop loss coverage with a $50,000 loss maximum at a monthly per employee fee of $240.46. This is an increase of only 1.03%. The Town also received renewal quotes for stop loss coverage at individual claim loss maximums of $60,000 and $75,000. After evaluation of the Town’s claims history, proposals for Stop Loss Coverage at $50,000, $60,000, and $75,000 per covered person were presented by McGriff, Seibels, and Williams, to the Council Benefits Subcommittee. The Council Benefits Subcommittee recommended BCBSTX Stop Loss Coverage be set at $75,000 per covered person for 2019. This raising of the stop loss coverage to $75,000 will reduce the monthly per employee fee to $193.77. This recommended adjustment in stop loss coverage will reduce the cost by an estimated $83,860, while the Town will take on additional liability for the $25,000 per claim exposure. The preliminary estimates of revenues and expenses in the Town’s Health Insurance Trust Fund for FY 2017-18 projects an ending fund balance of approximately $225,000. This ending balance was a committee consideration for increasing the stop loss claim exposure. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., approved the application for renewal of services as to form and legality. Attached Documents: 1.Stop Loss Comparison 2.Blue Cross Blue Shield of Texas Stop Loss Coverage application HUMAN RESOURCES Item 18 Town Staff Recommendation: Town Staff recommends that the Town Council authorize the Town Manager to execute an application for renewal of Stop Loss Coverage with Blue Cross Blue Shield of Texas, effective January 1, 2019. Proposed Motion: I move to authorize the Town Manager to execute an application for renewal of Stop Loss Coverage with Blue Cross Blue Shield of Texas, effective January 1, 2019. Item 18 Town of Prosper Executive Summary of Projected Stop Loss Liability Effective Date: 1/1/2019 Stoploss $50,000 Stoploss $60,000 Stoploss $75,000 2018 Claimants 2 1 0 Stoploss Premium $451,248.00 $409,403.28 $367,387.92 Additional Liability (Claims) N/A $19,489.51 $30,593.74 Premium + Claims $428,892.79 $397,981.66 Difference $451,248.00 ($22,355.21)($53,266.34) Stoploss $50,000 Stoploss $60,000 Stoploss $75,000 2017 Claimants 3 2 1 Stoploss Premium $451,248.00 $409,403.28 $367,387.92 Additional Liability (Claims) N/A $28,638.35 $50,683.29 Premium + Claims $438,041.63 $418,071.21 Difference $451,248.00 ($13,206.37)($33,176.79) Stoploss $50,000 Stoploss $60,000 Stoploss $75,000 2016 Claimants 3 3 2 Stoploss Premium $451,248.00 $409,403.28 $367,387.92 Additional Liability (Claims) N/A $30,000.00 $61,422.13 Premium + Claims $439,403.28 $428,810.05 Difference $451,248.00 ($11,844.72)($22,437.95) Stoploss $50,000 Stoploss $60,000 Stoploss $75,000 2015 Claimants 5 3 3 Stoploss Premium $451,248.00 $409,403.28 $367,387.92 Additional Liability (Claims) N/A $35,481.43 $80,481.43 Premium + Claims $444,884.71 $447,869.35 Difference $451,248.00 ($6,363.29)($3,378.65) *2018 Thru September **Fully insured 2015 and 2016 Page: 1 Item 18 A Division of Health Care Service Corporation, a Mutual Legal Reserve Company an Independent Licensee of the Blue Cross and Blue Shield Association TXStopLossApp-06/17 BlueCross BlueShield of Texas APPLICATION FOR STOP LOSS COVERAGE Employer Group Name: Town of Prosper Employee Benefit Trust Employer Group Address: 200 S. Main St. City: Prosper State of Situs: TX Zip Code: 75078 Account Number: 149617 Employer Group Number(s): 195206, 195207 Current Effective Date of Policy 01/01/2019 Current Policy Period: These specifications are for the Policy Period commencing on 01/01/2019 and ending on 12/31/2019 The specifications below shall become effective on the first day of the Policy Period specified above and shall continue in full force and effect until the earliest of the following dates: (1) The last day of the Policy Period; (2) The date the Policy terminates; or (3) The date this Application is superseded in whole or in part by a later executed Application. A. Aggregate Stop Loss Coverage: Yes No If yes, complete items 1 through 9 below. 1. New Coverage Renewal of Existing Coverage 2. Stop Loss Coverage during the current Policy Period: New Coverage (Select one from below): Incurred and paid during the Policy Period: Claims incurred and paid from to Incurred with Run-Out: Claims incurred from to and Claims paid from to Run-in coverage: Claims incurred from to and Claims paid from to If coverage is for claims incurred prior to the effective date of the Policy and paid by Policyholder’s prior claim administrator, then such claims must be reported by the Policyholder to the Company (Blue Cross and Blue Shield of Texas, a Division of Health Care Service Corporation, a Mutual Legal Reserve Company) and paid by the Policyholder’s prior claim administrator by the end of the current Policy Period. Renewal of Existing Coverage: Claim Administrator’s Claims: Claims incurred on or after the original Effective Date of Policy and paid during the Policy Period. Incurred with Run-Out: Claims incurred from to and Claims paid from to Item 18 TXStopLossApp-06/17 2 3. Aggregate Stop Loss Coverage shall apply to: Medical Claims Outpatient Prescription Drug Claims with Company’s Pharmacy Benefit Manager Outpatient Prescription Drug Claims with Policyholder’s Pharmacy Benefit Manager: Dental Claims Other (please specify): 4. Average Claim Value: $842.34 (per Employee per Month) Attachment Factor: 125% of the Average Claim Value 5. Aggregate Claim Liability and Run-Off Claim Liability Factors a. Employer’s Claim Liability for each Policy Period shall be the sum of the Monthly amounts obtained by multiplying the number of Individual and Family Coverage Units for each Month by the following factors: $ for each Coverage Unit $ for each Family Coverage Unit Please use the continuous text field directly below for any other structure (leaving the fields above blank). Note: you can use the “return” key to create additional rows, if needed: $982.90 b. Employer’s Run-Off Claim Liability shall be calculated by multiplying the sum average of the total of all Coverage Units during each of the three calendar Months immediately preceding termination by the factors shown below. Settlement for the final accounting period will be described in the section of the Policy entitled SETTLEMENTS. $ for each Coverage Unit $ for each Family Coverage Unit Please use the continuous text field directly below for any other structure (leaving the fields above blank). Note: you can use the “return” key to create additional rows, if needed: $344.48 6. CAP Arrangement Yes No 7. Aggregate Stop Loss Claims a. The amount of Paid Claims during the current Policy Period, less: i. Individual (Specific) Stop Loss Claims ii. Any claims in excess of the Individual (Specific) Stop Loss Claims per Covered Person per Lifetime Maximum iii. Any claims in excess of the Individual (Specific) Stop Loss Claims maximum Point of Attachment that exceeds the Aggregate Point of Attachment. The Aggregate Point of Attachment shall equal the sum of the Employer’s Claim Liability amounts calculated Monthly as described in item A.5.a. above for the current Policy Period. b. In the event of termination at the end of a Policy Period, the Final Settlement Aggregate Point of Attachment shall equal the sum of the Employer’s Claim Liability amount for the Final Policy Period and the Employer’s Run-Off Claim Liability calculated as described in item A.5.b. above. However, for the current Policy Period the minimum Aggregate Point of Attachment shall be $1,796,711.00. Item 18 TXStopLossApp-06/17 3 8. Stop Loss Premium (Select one): Annual Premium (Due on the first day of the current Policy Period): $ . Monthly Premium shall be equal to the amounts obtained by multiplying the number of Individual and Family Coverage Units for a particular Month by: $ for each Coverage Unit $ for each Family Coverage Unit Please use the continuous text field directly below for any other structure (leaving the fields above blank). Note: you can use the “return” key to create additional rows, if needed: $30.06 9. The premium is based upon a current membership of 66 Individual Coverage Units and 92 Family Coverage Units. B. Individual (Specific) Stop Loss Coverage: Yes No If yes, complete items 1 through 6 below. 1. New Coverage Renewal of Existing Coverage 2. Stop Loss Coverage Period: New Coverage (Select one from below): Incurred and paid during the Policy Period: Claims incurred and paid from to Incurred with Run-Out: Claims incurred from to and Claims paid from to Run-in coverage: Claims incurred from to and Claims paid from to If coverage is for claims incurred prior to the effective date of the Policy and paid by Policyholder’s prior claim administrator, then such claims must be reported by the Policyholder to the Company (Blue Cross and Blue Shield of Texas, a Division of Health Care Service Corporation, a Mutual Legal Reserve Company) and paid by the Policyholder’s prior claim administrator by the end of the current Policy Period. Renewal of Existing Coverage: Claim Administrator’s Claims: Claims incurred on or after the original Effective Date of Policy and paid during the Policy Period. Incurred with Run-Out: Claims incurred from to and Claims paid from to 3. Individual (Specific) Stop Loss Coverage shall apply to: Medical Claims Outpatient Prescription Drug Claims with Company’s Pharmacy Benefit Manager Outpatient Prescription Drug Claims with Policyholder’s Pharmacy Benefit Manager: Dental Claims Vision Claims Item 18 TXStopLossApp-06/17 4 Other (please specify): 4. Individual (Specific) Stop Loss Claims a. For who is identified by the health identification (ID) number , the amount of Paid Claims during the current Policy Period in excess of the Individual Point of Attachment of $ . Such amount shall apply for the current Policy Period. b. For each other Covered Person: The amount of Paid Claims during the current Policy Period in excess of the Individual Point of Attachment of $75,000 per Covered Person but not to exceed a maximum Point of Attachment of $ UNLIMITED per Policy Period. Paid Claims in excess of the maximum point of attachment shall not be eligible to satisfy the Aggregate Point of Attachment. Such amount shall apply for the current Policy Period. c. Covered Person per Lifetime Maximum: The Individual (Specific) Stop Loss Claims shall not exceed per Covered Person per Lifetime. Paid Claims in excess of the Covered Person per Lifetime Maximum shall not be eligible to satisfy the Aggregate Point of Attachment. Point of Attachment Includes Claim Administrator’s Provider Access Fee Excludes Claim Administrator’s Provider Access Fee 5. Stop Loss Premium (select one): Annual Premium (Due on the first day of the current Policy Period): $ . Monthly Premium shall be equal to the amounts obtained by multiplying the number of Individual and Family Coverage Units for a particular Month by: $ for each Coverage Unit $ for each Family Coverage Unit Please use the continuous text field directly below for any other structure (leaving the fields above blank). Note: you can use the “return” key to create additional rows, if needed: $163.71 6. The premium is based upon a current membership of 66 Individual Coverage Units and 92 Family Coverage Units. Additional Provisions: Item 18 TXStopLossApp-06/17 5 The undersigned person represents that he/she is authorized and responsible for purchasing stop loss coverage on behalf of the Employer. It is understood that the actual terms and conditions of coverage are those contained in Application the Stop Loss Coverage Policy into which this Application shall be incorporated at the time of acceptance by Blue Cross and Blue Shield of Texas, a Division of Health Care Service Corporation, a Mutual Legal Reserve Company (“HCSC”). Upon acceptance, HCSC shall issue a Stop Loss Coverage Policy to the Employer. Upon acceptance of this Application and issuance of the Stop Loss Coverage Policy, the Employer shall be referred to as the "Policyholder." Lesley Magenheimer Sales Representative Signature of Authorized Purchaser Name of Underwriter Title of Authorized Purchaser Signature of Underwriter Date INTERNAL USE ONLY Date Application approved by Underwriting: Item 18