05.09.17 Town Council Regular Meeting PacketPage 1 of 4
]
Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
3. Announcements of recent and upcoming events.
4. Presentations/Proclamations
• Presentation of a check to Rogers Middle School as the top participating school in the
It’s Time Texas Community Challenge. (JS)
• Presentation of Certificates of Appreciation to Anytime Fitness, PAC Fitness, Pinnacle
Performance Center, and Texas Health Neighborhood Care & Wellness for their
support and participation in the It’s Time Texas Community Challenge (JS).
• Presentation of a Plaque of Appreciation to Councilmember Mike Davis. (RB)
5. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may be
removed from the Consent Agenda by the request of Council Members or staff.)
5a. Consider and act upon minutes from the following Town Council meeting. (RB)
• Regular Meeting – April 25, 2017
5b. Receive the March 2017 Financial Report. (KN)
5c. Receive the Quarterly Investment Report. (KN)
5d. Consider and act upon repealing existing Article 8.04, “Curfew for Minors,” of
Chapter 8, “Offenses and Nuisances,” of the Code of Ordinances and replacing it
with a new Article 8.04, “Curfew for Minors.” (DK)
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.
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, May 9, 2017
6:00 p.m.
Page 2 of 4
REGULAR AGENDA:
If you wish to address the Council during the regular agenda portion of the meeting, please
fill out a “Public Meeting Appearance Card” and present it to the Town Secretary prior to
the meeting. Citizens wishing to address the Council for items listed as public hearings
will be recognized by the Mayor. Those wishing to speak on a non-public hearing related
item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town
Council.
PUBLIC HEARINGS:
7. Conduct a Public Hearing, and consider and act upon a request to amend Planned
Development-66 (PD-66), on 902.6± acres, in order to modify the residential architectural
requirements, generally located south of Prosper Trail, north of First Street, west of Dallas
Parkway and east of Legacy Drive. (Z17-0003). (AG)
8. Conduct a Public Hearing, and consider and act upon a request to amend Chapter 3,
Permitted Uses and Definitions, and Chapter 4, Development Requirements, of the Zoning
Ordinance regarding Accessory Structures, Accessory Buildings, Guest Houses and
Garage Apartments. (Z16-0014). (JW)
9. Conduct a Public Hearing, and receive comments on the proposed Subdivision Ordinance.
(JW)
10. Conduct a Public Hearing, and receive comments on the proposed Drainage Design
Standards (SG)
DEPARTMENT ITEMS:
11. Consider and take action on a resolution directing publication of notice of intention to issue
Combination Tax and Surplus Revenue Certificates of Obligation for the purpose of
funding costs of multi-purpose municipal facilities, parks, and storm drainage utility
projects in the Town. (KN)
12. Consider and act upon a request for a Variance to the Subdivision Ordinance regarding
thoroughfare screening, for Star Trail, located on the southwest corner of Prosper Trail
and Stargazer Way. (V17-0003). (AG)
13. Consider and act upon awarding Bid No. 2017-30-B to Advanced Paving Co., related to
construction services for the reconstruction of Craig Road from Preston Road to Rucker
Elementary School; and authorizing the Town Manager to execute a construction
agreement for same. (FJ)
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.
Page 3 of 4
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.
14c. Section 551.071 – Consultation with the Town Attorney regarding legal issues
associated with annexation and ETJ release agreements in Town ETJ areas,
development issues associated with areas subject to annexation agreements and
ETJ releases, and all matters incident and related thereto.
14d. Section 551.074 – To discuss appointments to the Board of
Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library
Board, Prosper Economic Development Corporation Board, and Planning &
Zoning Commission.
15. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
16. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Discussion of Irving MOU re: Water Line Easement (PN)
• Discussion of City-County Plat Approval Agreement (HJ)
• Discussion of Collin County Bond Election Resolution (HJ)
• Discussion of May 15 Election Canvass (RB)
• Discussion of Property Tax on Leased Vehicles (KN)
17. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall,
located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily accessible to
the general public at all times, and said Notice was posted by 5:00 p.m., on May 5, 2017, 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.
Page 4 of 4
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 4
]
Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
3. Announcements of recent and upcoming events.
4. Presentations/Proclamations
• Presentation of a check to Rogers Middle School as the top participating school in the
It’s Time Texas Community Challenge. (JS)
• Presentation of Certificates of Appreciation to Anytime Fitness, PAC Fitness, Pinnacle
Performance Center, and Texas Health Neighborhood Care & Wellness for their
support and participation in the It’s Time Texas Community Challenge (JS).
• Presentation of a Plaque of Appreciation to Councilmember Mike Davis. (RB)
5. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may be
removed from the Consent Agenda by the request of Council Members or staff.)
5a. Consider and act upon minutes from the following Town Council meeting. (RB)
• Regular Meeting – April 25, 2017
5b. Receive the March 2017 Financial Report. (KN)
5c. Receive the Quarterly Investment Report. (KN)
5d. Consider and act upon repealing existing Article 8.04, “Curfew for Minors,” of
Chapter 8, “Offenses and Nuisances,” of the Code of Ordinances and replacing it
with a new Article 8.04, “Curfew for Minors.” (DK)
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.
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, May 9, 2017
6:00 p.m.
Page 2 of 4
REGULAR AGENDA:
If you wish to address the Council during the regular agenda portion of the meeting, please
fill out a “Public Meeting Appearance Card” and present it to the Town Secretary prior to
the meeting. Citizens wishing to address the Council for items listed as public hearings
will be recognized by the Mayor. Those wishing to speak on a non-public hearing related
item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town
Council.
PUBLIC HEARINGS:
7. Conduct a Public Hearing, and consider and act upon a request to amend Planned
Development-66 (PD-66), on 902.6± acres, in order to modify the residential architectural
requirements, generally located south of Prosper Trail, north of First Street, west of Dallas
Parkway and east of Legacy Drive. (Z17-0003). (AG)
8. Conduct a Public Hearing, and consider and act upon a request to amend Chapter 3,
Permitted Uses and Definitions, and Chapter 4, Development Requirements, of the Zoning
Ordinance regarding Accessory Structures, Accessory Buildings, Guest Houses and
Garage Apartments. (Z16-0014). (JW)
9. Conduct a Public Hearing, and receive comments on the proposed Subdivision Ordinance.
(JW)
10. Conduct a Public Hearing, and receive comments on the proposed Drainage Design
Standards (SG)
DEPARTMENT ITEMS:
11. Consider and take action on a resolution directing publication of notice of intention to issue
Combination Tax and Surplus Revenue Certificates of Obligation for the purpose of
funding costs of multi-purpose municipal facilities, parks, and storm drainage utility
projects in the Town. (KN)
12. Consider and act upon a request for a Variance to the Subdivision Ordinance regarding
thoroughfare screening, for Star Trail, located on the southwest corner of Prosper Trail
and Stargazer Way. (V17-0003). (AG)
13. Consider and act upon awarding Bid No. 2017-30-B to Advanced Paving Co., related to
construction services for the reconstruction of Craig Road from Preston Road to Rucker
Elementary School; and authorizing the Town Manager to execute a construction
agreement for same. (FJ)
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.
Page 3 of 4
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.
14c. Section 551.071 – Consultation with the Town Attorney regarding legal issues
associated with annexation and ETJ release agreements in Town ETJ areas,
development issues associated with areas subject to annexation agreements and
ETJ releases, and all matters incident and related thereto.
14d. Section 551.074 – To discuss appointments to the Board of
Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library
Board, Prosper Economic Development Corporation Board, and Planning &
Zoning Commission.
15. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
16. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Discussion of Irving MOU re: Water Line Easement (PN)
• Discussion of City-County Plat Approval Agreement (HJ)
• Discussion of Collin County Bond Election Resolution (HJ)
• Discussion of May 15 Election Canvass (RB)
• Discussion of Property Tax on Leased Vehicles (KN)
17. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall,
located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily accessible to
the general public at all times, and said Notice was posted by 5:00 p.m., on May 5, 2017, 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.
Page 4 of 4
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 6
]
Prosper is a place where everyone matters.
1.Call to Order/Roll Call.
The meeting was called to order at 6:01 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Curry Vogelsang, Jr.
Deputy Mayor Pro-Tem Jason Dixon
Councilmember Michael Korbuly
Councilmember Kenneth Dugger
Councilmember Meigs Miller
Councilmember Mike Davis
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary/Public Information Officer
Terrence Welch, Town Attorney
Hulon Webb, Executive Director of Development and Community Services
John Webb, Development Services Director
Alex Glushko, Senior Planner
Steve Glass, Deputy Director of Engineering Services
Kelly Neal, Finance Director
Doug Kowalski, Police Chief
Bryan Ausenbaugh, Fire Marshal
2.Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Deputy Mayor Pro-Tem Dixon led the invocation. The Pledge of Allegiance and the Pledge
to the Texas flag were recited.
3. Announcements of recent and upcoming events.
Councilmember Davis read the following announcements:
The Prosper Police Department will host “Coffee with a Cop” on Thursday, April 27, from
8:00-10:00 a.m. at Honeylu’s Coffee next to the Kroger Marketplace on Preston Road.
Residents are invited to get to know their local police officers and ask questions about
local police efforts in Prosper. Children are welcome to attend.
Residents may dispose of unwanted or expired medications during the Fire Department’s
Drug Take Back Day on Saturday, April 29. Prescription and non-prescription drugs may
be dropped off from 10:00 a.m.-1:00 p.m. in the collection boxes provided in the entry
lobby of the Fire Station on First Street.
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway Street
Prosper, TX 75078
Tuesday, April 25, 2017
Item 5a
Page 2 of 6
The Prosper Police Department will hold its annual Community Safety Initiative (CSI)
event on Saturday, May 13, from 11:00 a.m.-3:00 p.m. at Frontier Park Pavilion. The CSI
event kicks off National Police Week, and will showcase various community safety
programs and services available to Prosper residents.
The Council would like to thank the Police Department, Fire Department, and Town staff
who assisted residents over the weekend as a result of the hailstorm. We would also like
to thank Waste Connections for providing extended bulk trash pickup service to residents
who were affected by the storm.
Deputy Mayor Pro-Tem Dixon announced that the Sons of the Flag raised over $200,000
for burn victims who are first responders and veterans at their fundraiser on Sunday.
4. Presentations/Proclamations
Legislative Update Presentation by Representative Pat Fallon. (RB)
Representative Fallon was unable to attend the meeting.
5. CONSENT AGENDA:
Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may
be removed from the Consent Agenda by the request of Council Members or staff.
5a. Consider and act upon minutes from the following Town Council meeting.
(RB)
Regular Meeting – April 11, 2017
5b. Consider and act upon Ordinance No. 17-34 amending a portion of Planned
Development-25 (PD-25), on 236.5± acres, in order to modify the residential
architectural requirements, located on the east side of Coit Road, 800± feet
south of First Street. (Z17-0001). (JW)
5c. 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 Dugger made a motion and Councilmember Davis seconded the motion
to approve all items on the Consent Agenda. The motion was approved by a vote of 7-0.
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.
There were no Citizen Comments.
Item 5a
Page 3 of 6
REGULAR AGENDA:
If you wish to address the Council during the regular agenda portion of the meeting,
please fill out a “Public Meeting Appearance Card” and present it to the Town
Secretary prior to the meeting. Citizens wishing to address the Council for items
listed as public hearings will be recognized by the Mayor. Those wishing to speak
on a non-public hearing related item will be recognized on a case-by-case basis, at
the discretion of the Mayor and Town Council.
PUBLIC HEARINGS:
7. Conduct a Public Hearing and receive comments on the Prosper Old Town Area
Assessment Summary Report. (JW)
Development Services Director John Webb presented this item before the Town Council.
The Town retained the professional services of Kimley Horn to assess the opportunities
and constraints of the commercial core of the Old Town Area, solicit feedback from
stakeholders, facilitate a public workshop, develop a shared vision, and create a list of
implementation strategies. The Kimley Horn team included the Ricker Cunningham Group
for market assessment services, Strategic Solutions for public outreach, and Prologue
Planning for implementation.
In October 2016, Karen Walz with Strategic Solutions, interviewed the Mayor, Council
Members, and appointed board members. In December 2016, Anne Ricker with the
Ricker Cunningham Group, interviewed local builders and developers, and the team
facilitated a public workshop where 40 residents provided input on their vision for the future
of the area.
The findings of the study have been compiled into a draft report. Mr. Webb summarized
the team’s work and the major findings of the study, which includes the following:
Vision Statement
Guiding Principles
Development Framework Plan
Market analysis
Possible strategies for implementation
Mr. Webb discussed implementation strategies and reviewed the possible next steps in
the process. Mark Bowers of Kimley Horn addressed the Council, noting that the general
feedback from the stakeholders was that the development of Old Town needs to be
authentic to Prosper’s character, and focus on redevelopment as well as infill
development. He also stated that there was a desire for more community events
downtown. Ann Ricker of the Ricker Cunningham Group stated that Old Town already
has many positive elements. The Town’s challenge will be to preserve the character of
Old Town by maintaining the vision identified by stakeholders. She also encouraged the
Town to take advantage of opportunities for public/private partnerships in the development
of Old Town.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
Item 5a
Page 4 of 6
Responding to a question from Council, Mr. Webb stated that the existing Neighborhood
Empowerment Zones have not necessarily been the right tool for the redevelopment of
downtown. Assembling the various parcels of land in the Old Town area will be a
challenge, and property owners in the area must cooperate in the shared vision in order
for the redevelopment of Old Town to be successful. The Council emphasized that any
proposal for Old Town must be economically viable. Development standards must be
articulated properly in the Zoning requirements. Town staff should ensure that there is
appropriate roadway access to downtown, and consider the viability of an MMD or TIRZ
district in the area.
Mr. Webb recommended the Town Council consider adding the final Old Town Area
Assessment document as an Appendix to the Comprehensive Plan. The final document
will be brought forward for Council consideration at a future meeting. No further action
was taken.
DEPARTMENT ITEMS:
8. Discussion on the location of the Lower Pressure Plane Ground Storage Tank and
Pump Station. (HW)
Councilmember Korbuly left the meeting at 6:40 p.m.
Hulon Webb, Executive Director of Development and Community Services, presented this
item before the Town Council. In late 2015, the Town Council discussed locating the
proposed Lower Pressure Plane Ground Storage Tank and Pump Station along Richland
Boulevard west of Prosper Commons Boulevard. During recent discussions about
acquiring the land needed to facilitate the project, concerns were conveyed about the
screening and aesthetics of the tanks being located at the proposed location. Mr. Webb
provided renderings of the tank site from various perspectives if buried to a depth of 15
feet and 30 feet, respectively.
The Council discussed the cost estimate versus the benefits of burying the tank at different
depths. Burying the tank to a depth of 30 feet would increase the project cost, and
increase the cost of pumping over time, but would require less screening. Burying the
tank to a depth of 15 would cost less for construction and less for pumping costs, but the
tank would be more visible and would require more screening.
Responding to a question from Council, Mr. Webb stated that the water supply line that
will supply the elevated storage tank that will be constructed on Fishtrap Road will run east
to Coit Road, directly in front of the proposed site. The Council also discussed existing
and future connections to the North Texas Municipal Water District water supply. Town
staff was directed to return with additional site renderings and cost estimates for the site
located at Richland Boulevard east of Coit Road, which was Option 3 from the original
presentation from 2015. No further action was taken.
9. Consider and act upon awarding Bid No. 2017-23-B to GRod Construction, LLC,
related to construction services for the Third Street, Parvin Street and Sixth Street
project; and authorizing the Town Manager to execute a construction agreement for
same. (FJ)
Item 5a
Page 5 of 6
Steve Glass, Deputy Director of Engineering, presented this item before the Town Council.
This contract will provide for the replacement of the existing asphalt pavement on Third
Street, Parvin Street and Sixth Street with six-inch concrete pavement. The bid also
includes supplementary repair work on selected driveways and drainage culverts. An 8-
inch water line will be installed along the east side of Parvin Street from Church Street to
North Fifth Street, including a new fire hydrant. These additions will provide the Fire
Department with more options and accessibility if an emergency situation occurs. The
contract specifies 150 calendar days for substantial completion with an additional 30
calendar days for final completion.
After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember Dugger
seconded the motion to award Bid No. 2017-23-B to GRod Construction, LLC., related to
construction services for the Third Street, Parvin Street and Sixth Street project; and
authorize the Town Manager to execute a construction agreement for same. The motion
was approved by a vote of 6-0.
10. 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:
10a. Section 551.087 – To discuss and consider economic development
incentives.
10b. 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.
10c. Section 551.071 – Consultation with the Town Attorney regarding legal
issues associated with annexation and ETJ release agreements in Town ETJ
areas, development issues associated with areas subject to annexation
agreements and ETJ releases, and all matters incident and related thereto.
10d. Section 551.071 – Consultation with Town Attorney regarding legal issues
related to Section 3.05 (I) of the Town’s Personnel Policies and Procedures
Manual, as amended, and Ordinance No. 17-17, and all matters incident and
related thereto.
10e. Section 551.074 – To discuss appointments to the Board of
Adjustment/Construction Board of Appeals, Parks & Recreation Board,
Library Board, Prosper Economic Development Corporation Board, and
Planning & Zoning Commission.
The Town Council recessed into Executive Session at 7:26 p.m.
Deputy Mayor Pro-Tem Dixon left the meeting at 7:27 p.m.
11. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 8:43 p.m.
Item 5a
Page 6 of 6
Councilmember Davis made a motion and Councilmember Dugger seconded the motion
to authorize the Mayor to execute covenants and restrictions documentation for property
located in the Denton County Freshwater Supply District No. 10. The motion was
approved by a vote of 5-0.
12. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Town Hall Update
Bryan Ausenbaugh, Fire Marshall and Project Manager for the Town Hall Project,
reviewed brick and mortar selections with the Council. Town staff was directed to move
forward with Panel C, Catalina Tudor Brick with mortar similar to that used at 110 Main
Street.
13. Adjourn.
The meeting was adjourned at 8:45 p.m., on Tuesday, April 25, 2017.
These minutes approved on the 9th day of May, 2017.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Item 5a
Prosper is a place where everyone matters.
MONTHLY FINANCIAL REPORT
as of March 31, 2017
Budgetary Basis
Prepared by
Finance Department
May 9, 2017
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
MARCH 2017
Table of Contents
Dashboard Charts 1 - 3
General Fund 4
Water-Sewer Fund 5
Debt Service Fund 6
Internal Service Fund 7
Vehicle and Equipment Replacement Fund 8
Storm Drainage Utility Fund 9
Park Dedication and Improvement Fund 10
TIRZ #1 - Blue Star Fund 11
TIRZ #2 - Matthews Southwest 12
Water Impact Fees Fund 13
Wastewater Impact Fees Fund 14
Thoroughfare Impact Fees Fund 15
Special Revenue Fund 16
Capital Projects Fund-General 17
Capital Projects Fund-Water/Sewer 18
Detail All Funds 19
Item 5b
1
$- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000
Total Budget
YTD Budget
YTD Actual
Building Permit Revenues
0
100,000
200,000
300,000
400,000
500,000
600,000
Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept
Town of Prosper, Texas
Sales Tax Revenue by Month
FY 14/15 FY15/16 FY 16/17
Item 5b
2
$22.261
$11.130
$9.767
$21.609
$10.805
$15.687
$- $5 $10 $15 $20 $25
Total Budget
YTD Budget
YTD Actual
In Millions
General Fund Revenues and Expenditures
Revenues Expenditures
$14.820
$7.410
$7.007
$14.252
$7.126
$6.072
$- $2 $4 $6 $8 $10 $12 $14 $16
Total Budget
YTD Budget
YTD Actual
In Millions
Water -Sewer Fund Revenues and Expenditures
Revenues Expenditures
Item 5b
3
Prosper is a place where everyone matters.
GENERAL FUND AT A GLANCE
%% Year
Passed
Resources 50.00%
Revenues 72.60%
Other Resources-Beginning Fund Balance 100.00%
Uses 50.00%
Expenditures 43.88%
Ending Fund Balance 100.00%
Resources Over (Under) Uses
UTILITY FUNDS AT A GLANCE
%% Year
Passed
Resources 50.00%
Revenues 42.80%
Other Resources-Beginning Fund Balance 100.00%
Uses 50.00%
Expenditures 47.67%
Ending Fund Balance 100.00%
Resources Over (Under) Uses
OTHER MAJOR IMPACT FEE FUNDS AT A GLANCE
%% Year
Passed
Resources 50.00%
Revenues 42.28%
Other Resources-Beginning Fund Balance 100.00%
Uses 50.00%
Expenditures 26.75%
Ending Fund Balance 100.00%
Resources Over (Under) Uses
Category Budget YTD Actual
$21,609,381
$7,059,254
$15,687,475
$7,059,254
$0
Category Budget YTD Actual
$6,407,819$6,407,819
$9,767,458$22,260,816
$6,571,452
$14,597,852 $6,248,280
$6,183,598 $6,183,598
$15,220,792 $7,256,330
$5,560,658 $5,560,658
$0 -$385,110
Category Budget YTD Actual
$9,293,730 $3,929,696
$13,203,014 $13,203,014
$0 $6,607,829
$16,344,784 $4,372,922
$6,151,960 $6,151,960
Town of Prosper
Monthly Financial Report FY 2016/2017
Through the Month Ended March 2017
Unaudited -Intended for Management Purposes Only
The following is a summary of the Town's financial results for operating funds. This information is
summarized from financial statements for the monthly period that ended March 2017.
Item 5b
4
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
March 31, 2017
Expected Year to Date Percent 50%
GENERAL FUND
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actuals Encumbrances Budget Balance YTD Percent Note YTD Actuals Prior Year
REVENUES
Property Taxes 10,003,217$ (490,682)$ 10,493,899$ 10,220,136$ -$ 10,220,136$ 97%1 8,160,531$ 25%
Sales Taxes 4,230,600 (402,591) 4,633,191 2,395,447 - 2,395,447 52%1,940,429 23%
Franchise Fees 739,400 - 739,400 198,475 - 198,475 27%2 188,945 5%
Building Permits 2,656,400 (84,904) 2,741,304 1,259,209 - 1,259,209 46%3 1,411,610 -11%
Fines 385,000 - 385,000 204,273 - 204,273 53%195,197 5%
Other 2,571,587 2,001,354 2,616,587 1,409,936 - 1,409,936 54%1,453,363 -3%
Total Revenues 20,586,204$ 1,023,177$ 21,609,381$ 15,687,475$ -$ 15,687,475$ 73%13,350,075$ 18%
EXPENDITURES
Administration 3,712,721$ 7,720$ 3,720,441$ 1,905,167$ 232,375$ 1,582,899$ 57%4 1,421,336$ 34%
Police 3,836,484 217,193 4,053,677 1,758,726 180,798 2,114,154 48%1,227,801 43%
Fire/EMS 4,733,929 303,622 5,037,551 2,127,347 56,731 2,853,472 43%1,487,002 43%
Public Works 3,470,908 52,345 3,523,253 1,416,633 110,290 1,996,329 43%738,467 92%
Community Services 2,728,045 66,872 2,794,917 1,053,713 258,317 1,482,887 47%850,670 24%
Development Services 2,218,078 74,067 2,292,145 1,115,133 178,702 998,310 56%5 817,683 36%
Engineering 829,967 8,865 838,832 390,739 - 448,093 47%303,159 29%
Total Expenses 21,530,132$ 730,684$ 22,260,816$ 9,767,458$ 1,017,214$ 11,476,144$ 48%6,846,118$ 43%
REVENUE OVER (UNDER) EXPENDITURES (943,928)$ 292,493$ (651,435)$ 5,920,017$ 6,503,957$
Beginning Fund Balance October 1-Unassigned/Unrestricted 7,059,254$ 7,059,254$ 5,284,611$
Ending Fund Balance 6,407,819$ 12,979,271$ 11,788,568$
Notes
1 Property taxes are billed in October and the majority of collections occur December through February.
2 Franchise use fees are collected quarterly and annually. The first quarter payment(s) was received in January. Next quarterly payment will be received and recorded in April.
3
4 YTD expenditures are in line with budget. Encumbrances are for professional/contract services for the remainder of the year.
5 YTD expenditures are in line with budget. Encumbrances are for professional/contract services for the remainder of the year.
Building permits reflects a decline due to 30 building permits issued for Adara Windsong Ranch Apartments last year.
Item 5b
5
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
March 31, 2017
Expected Year to Date Percent 50%
WATER-SEWER FUND
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Public Works Revenues 11,722,007$ (989,054)$ 12,711,061$ 5,427,511$ -$ 7,283,550$ 43%1 4,856,208$ 12%
Administration Revenues 1,616,729 (75,563) 1,541,166 644,080 - 897,086 42%2 625,801 3%
Total Revenues 13,338,736$ (1,064,617)$ 14,252,227$ 6,071,591$ -$ 8,180,636$ 43%5,482,009$ 11%
EXPENDITURES
Public Works 5,156,269$ 174,906$ 5,331,175$ 2,594,228$ 61,815$ 2,675,133$ 50%1,780,575$ 46%
Water Purchases 2,748,305 953,054 3,701,359 1,699,996 - 2,001,363 46%900,125 89%
Administration 5,880,578 (92,639) 5,787,939 2,713,257 1,580,971 1,493,711 74%3 2,285,500 19%
Total Expenses 13,785,152$ 1,035,322$ 14,820,474$ 7,007,481$ 1,642,786$ 6,170,207$ 58%4,966,200$ 41%
REVENUE OVER (UNDER) EXPENDITURES (446,416)$ (2,099,939)$ (568,247)$ (935,889)$ 515,809$
Beginning Working Capital October 1 5,373,271 5,373,271 4,856,972
Ending Working Capital 4,805,024$ 4,437,382$ 5,372,781$
Notes
1 Public Works budgeted revenue reflects a recent budget amendment that will be collected in revenue during the peak months of summer.
2 Administration revenues are slightly lower than projected monthly budgeted revenue for Solid Waste charges due to commercial customers are now billed directly by the provider.
3 Administration expenditures and encumbrances reflect the principal and interest payments for bonds.
Average Monthly
Average
Cumulative
October 9.6%9.6%
Mar-17 Mar-16 Growth % November 7.6%17.2%
WATER SEWER WATER SEWER Change December 5.3%22.5%
# of Accts Residential 6,338 5,682 5,273 4,620 21.50%January 4.1%26.6%
#of Accts Commercial 247 165 210 140 17.71%February 4.3%30.9%
Consumption-Residential 43,729,360 39,306,678 40,687,990 31,136,148 15.61%March 4.6%35.5%
Consumption-Commercial 6,878,030 2,788,410 7,911,630 2,573,230 -7.81%April 5.9%41.4%
Average Residential Water Consumption 6,900 7,716 -10.58%May 7.1%48.5%
Billed ($) Residential 281,267.32$ 255,960.39$ June 8.5%57.0%
Billed ($) Commercial 54,194.52$ 59,440.17$ July 12.1%69.1%
Total Billed ($) 335,461.84$ 284,015.43$ 315,400.56$ 229,625.92$ 13.66%August 14.5%83.6%
September 16.4%100.0%
Item 5b
6
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
March 31, 2017
Expected Year to Date Percent 50%
DEBT SERVICE FUND
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Property Taxes-Delinquent 73,828$ -$ 73,828$ 273,708$ -$ (199,880)$ 371%2 42,117$ 550%
Property Taxes-Current 4,086,721 - 4,086,721 4,026,007 - 60,714 99%1 3,545,370 14%
Taxes-Penalties 21,439 - 21,439 58,200 - (36,761) 271%13,494 331%
Interest Income 18,000 - 18,000 14,209 - 3,791 79%10,268 38%
Total Revenues 4,199,988$ -$ 4,199,988$ 4,372,124$ -$ (172,136)$ 104%3,611,248$ 21%
EXPENDITURES
Professional Services -$ -$ -$ -$ 3,400$ (3,400)$ 4 -$
2008 CO Bond Payment 572,175 (41,175) 531,000 531,000 - - 100%3 594,203 -11%
2010 Tax Note Payment 368,376 (3,376) 365,000 365,000 - - 100%366,256 0%
2011 Refunding Bond Payment 118,541 (3,491) 115,050 115,050 - - 100%144,125 -20%
2012 GO Bond Payment 282,263 (107,263) 175,000 175,000 - - 100%-
2013 GO Refunding Bond 286,200 (131,200) 155,000 - 155,000 - 100%67,100 -100%
Bond Administrative Fees 21,000 - 21,000 2,000 - 19,000 10%1,200 67%
2014 GO Bond Payment 372,750 (117,750) 255,000 - 255,000 - 100%61,218 -100%
2015 GO Bond Payment 659,374 (614,374) 45,000 45,000 - - 100%303,510 -85%
2015 CO Bond Payment 374,800 (314,800) 60,000 60,000 - - 100%155,072 -61%
2016 GO Debt Payment 598,848 (191,948) 406,900 406,900 - - 100%-
2016 CO Debt Payment 528,483 (273,483) 255,000 255,000 - - 100%-
Bond Interest Expense - 1,798,860 1,798,860 911,183 887,677 - 100%-
Total Expenditures 4,182,810$ -$ 4,182,810$ 2,866,133$ 1,301,077$ 15,600$ 100%1,692,682$ 59%
REVENUE OVER (UNDER) EXPENDITURES 17,178$ -$ 17,178$ 1,505,991$ 1,918,566$
Beginning Fund Balance October 1 1,841,724 1,841,724 1,470,008
Ending Fund Balance Current Month 1,858,902$ 3,347,715$ 3,388,574$
Notes
1
2 Prosper received a significant AG delinquent tax payment in January.
3 Debt Service payments are made in the months of February and August. The 2017 financial report breaks out the principle and interest seperately.
Principle payments are paid completely in February except 2013 GO and 2014 GO bonds.
Property taxes are billed in October and the majority of collections occur December through February.
Item 5b
7
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
March 31, 2017
Expected Year to Date Percent 50%
INTERNAL SERVICE FUND-MEDICAL EXPENSE REIMBURSEMENT PROGRAM
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Charges for Services 20,000$ -$ 20,000$ 6,030$ -$ 13,970$ 30%10,080$ -40%
Interest Income 700 - 700 404 - 296 58%430 -6%
Transfers In 2,400 - 2,400 600 - 1,800 25%1,200 -50%
Total Revenue 23,100$ -$ 23,100$ 7,034$ -$ 16,066$ 30%11,710$ -40%
EXPENDITURES
MERP H & D Expense 40,000$ -$ 40,000$ 20,623$ -$ 19,377$ 52%6,826$
Total Expenditures 40,000$ -$ 40,000$ 20,623$ -$ 19,377$ 52%6,826$
REVENUE OVER (UNDER) EXPENDITURES (16,900)$ -$ (16,900)$ (13,590)$ 4,884$
Beginning Fund Balance October 1 116,207 116,207 117,609
Ending Fund Balance Current Month 99,307$ 102,617$ 122,493$
Note
Finance is budgeting the fund balance to be moved into the Health Insurance Fund for the first of next fiscal year.
This fund will show minimal activity for the remainder of th year.
Employees are able to make claims on their accounts through March 15, 2017. The Town is still reconciling those claims.
MERP will continue to pay for Compass and other projected services coming online this fiscal year.
Item 5b
8
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
March 31, 2017
Expected Year to Date Percent 50%
VEHICLE AND EQUIPMENT REPLACEMENT FUND
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Charges for Services 500,781$ -$ 500,781$ 250,390$ -$ 250,391$ 50%250,390$ 0%
Other Reimbursements 18,000 - 18,000 1,664 - 16,336 9%1 81,867
Interest Income - - - 7,407 - (7,407) -
Transfers In - - - - - - -
Total Revenue 518,781$ -$ 518,781$ 259,461$ -$ 259,320$ 50%332,258$ -22%
EXPENDITURES
Vehicle Replacement 204,560$ 94,818$ 320,498$ 105,528$ 178,850$ 36,120$ 89%2 424,204$
Equipment Replacement - - - - - - 0%9,995
IT Replacement 30,350 - 30,350 2,400 25,400 2,550 92%3 2,574
Total Expenditures 234,910$ 94,818$ 350,848$ 107,928$ 204,250$ 38,670$ 89%436,773$
REVENUE OVER (UNDER) EXPENDITURES 283,871$ (94,818)$ 167,933$ 151,533$ (104,516)$
Beginning Fund Balance October 1 1,383,662 1,383,662 1,762,267
Ending Fund Balance Current Month 1,551,595$ 1,535,195$ 1,657,751$
Notes
1 Auction revenues and insurance reimbursements are placed in the Other Reimbursements account
as they occur.
2
3
Budgeted vehicle replacements are paid or fully encumbered for the year.
Budgeted IT replacements are paid or fully encumbered for the year.
Item 5b
9
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
March 31, 2017
Expected Year to Date Percent 50%
STORM DRAINAGE UTILITY FUND
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
45-4 Storm Drainage Utility Fee 344,725$ -$ 344,725$ 170,102$ -$ 174,623$ 49%1 151,307$ 12%
45-4 Interest Income 900 - 900 6,588 - (5,688) 732%442 1392%
Other Revenue - - - - - - -
Total Revenue 345,625$ -$ 345,625$ 176,689$ -$ 168,936$ 51%151,748$ 16%
EXPENDITURES
Personnel Services 149,963$ 2,706$ 152,669$ 65,378$ -$ 87,291$ 43%30,229$ 116%
45-7 Operating Expenditures 215,249 32,400 247,649 183,471 35,610 28,568 88%2 41,141 346%
Total Expenses 365,212$ 35,106$ 400,318$ 248,850$ 35,610$ 115,859$ 71%71,371$ 249%
REVENUE OVER (UNDER) EXPENDITURES (19,587)$ (35,106)$ (54,693)$ (72,160)$ 80,378$
Beginning Working Capital October 1 810,327 810,327 261,398
Ending Working Capital Current Month 755,634$ 738,167$ 341,776$
Note
1 YTD revenue is in line with budget and reflects a 12% increase from this time last year.
2 YTD operating expenditures reflect the entire budget for bond payment and transfer out to capital projects fund.
Item 5b
10
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
March 31, 2017
Expected Year to Date Percent 50%
PARK DEDICATION AND IMPROVEMENT FUNDS
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
60-4 Park Dedication-Fees 100,000$ -$ 100,000$ 364,179$ -$ (264,179)$ 364%423,631$ -14%
60-4 Park Improvements 100,000 - 100,000 201,727 - (101,727) 202%-
Contributions - - - - - - -
60-4 Interest-Park Dedication 7,000 - 7,000 4,848 - 2,152 69%3,586 35%
60-4 Interest-Park Improvements 3,800 - 3,800 4,081 - (281) 107%2,516 62%
Total Revenue 210,800$ -$ 210,800$ 574,835$ -$ (364,035)$ 273%429,733$ 34%
EXPENDITURES
60-5 Miscellaneous Expense -$ -$ -$ -$ -$ -$ -$
Professional Services-Park Ded - - - - - - -
60-5 Professional Services-Park Imp - - - - - - -
Developer Reimbursement-Park Imp - - - - - -
60-6 Capital Exp-Park Imp 90,000 914,260 1,004,260 186,906 809,181 8,173 99%1 -
60- Capital Exp-Park Ded - 534,590 534,590 - 428,335 106,255 80%2 -
Transfers Out - - - - - - -
Total Expenses 90,000$ 1,448,850$ 1,538,850$ 186,906$ 1,237,516$ 114,428$ 93%-$
REVENUE OVER (UNDER) EXPENDITURES 120,800$ (1,448,850)$ (1,328,050)$ 387,929$ 429,733$
Beginning Fund Balance October 1 2,148,564 2,148,564 2,296,791
Ending Fund Balance Current Month 820,514$ 2,536,493$ 2,726,524$
Notes
1 Frontier Park North Field Improvements - design and CMAR services and encumbrance for contract.
2 Frontier Park North Field Improvements - CMAR services and encumbrance for contract.
Item 5b
11
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
March 31, 2017
Expected Year to Date Percent 50%
TIRZ #1 - BLUE STAR
Original Budget Amended Current Year Prior Year Change from
Budget Adjustment Budget YTD Actual YTD Percent Note YTD Actual Prior Year
REVENUES
Impact Fee Revenue:
Water Impact Fees -$ -$ -$ 81,027$ -$
Wastewater Impact Fees - - - 63,816 -
East Thoroughfare Impact Fees - - - 656,379 -
Property Taxes - Current - - - 102,457 -
Other Revenue 646
Transfers In - - - - -
Total Revenue -$ -$ -$ 904,324$ -$
EXPENDITURES
Professional Services -$ -$ -$ -$ -$
Transfers Out - - - - -
Total Expenses -$ -$ -$ -$ -$
REVENUE OVER (UNDER) EXPENDITURES -$ 904,324$ -$
Beginning Fund Balance October 1 (7,500) (7,500) 1 (7,500)
Ending Fund Balance Current Month (7,500)$ 896,824$ (7,500)$
Note
1 Revenues reported as of September 30, 2016, to the TIRZ board is not reflected in the audited financial report.
This has been reported in the FY ending September 30, 2017, financial report in the amount of $576,311.
Item 5b
12
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
March 31, 2017
Expected Year to Date Percent 50%
TIRZ #2 - MATTHEWS SOUTHWEST
Original Budget Amended Current Year Prior Year Change from
Budget Adjustment Budget YTD Actual YTD Percent Note YTD Actual Prior Year
REVENUES
Impact Fee Revenue:
West Thoroughfare Impact Fees -$ -$ -$ 178,629$
Property Taxes - - - - -
Other Revenue - - - 255 -
Transfers In - - - - -
Total Revenue -$ -$ -$ 178,883$ -$
EXPENDITURES
Professional Services -$ -$ -$ -$ -$
Transfers Out - - - - -
Total Expenditures -$ -$ -$ -$ -$
REVENUE OVER (UNDER) EXPENDITURES -$ 178,883$ 1 -$
Beginning Fund Balance October 1 - - -
Ending Fund Balance Current Month -$ 178,883$ -$
Note
1 Revenues reported as of September 30, 2016, to the TIRZ board is not reflected in the audited financial report.
This has been reported in the FY ending September 30, 2017, financial report in the amount of $178,628.50.
Item 5b
13
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
March 31, 2017
Expected Year to Date Percent 50%
WATER IMPACT FEES FUND
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget STATUS OF
Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT
REVENUES
Impact Fees Water 3,200,000$ -$ 3,200,000$ 1,685,228$
Interest - Water 29,700 - 29,700 14,781
Total Revenues 3,229,700$ -$ 3,229,700$ 1,700,009$
EXPENDITURES
Developer Reimbursements
TVG Westside Utility Developer Reimb 975,000$ 975,000$ -$ 975,000$ 856,758$ -$ 118,242$ -$ 118,242$
Prosper Partners Developer Reimb 195,000 195,000 - 195,000 - - 195,000 - 195,000
Preserve Doe Creek Developer Reimb 532,586 532,586 180,874 713,460 - - 713,460 - 532,586
Prosper Lakes Developer Reimb 251,000 - 251,000 251,000 50,700 - 200,300 - 200,300
Total Developer Reimbursements 1,953,586$ 1,702,586$ 431,874$ 2,134,460$ 907,458$ -$ 1,227,002$ -$ 1,046,128$
Capital Expenditures
Impact Fee Study 67,473$ -$ 13,457$ 13,457$ 13,080$ 376$ 0$ 44,379$ 9,637$
Prosper Trail EST 4,403,300 - 818,669 818,669 579,405 239,264 (0) 2,540,459 1,044,171 Construction 82% complete
Lower Pressure Plane Pump Station Design 1,853,081 1,726,000 (1,726,000) - 11,335 - (11,335) 31,022 1,810,724 Construction 25% complete
County Line Elevated Storage 337,500 337,500 228,200 565,700 - - 565,700 - 337,500 Design contract schedule 4/11/17
Kroger Reimb Prosper Trail 130,000 - - - - - - 130,000 - Project completed
24" WL Connector County Line EST 70,775 70,775 759,075 829,850 - - 829,850 - 70,775 Design contract schedule 4/11/17
Traffic Signal at First and DNT 25,000 - - - - - - 25,000 - Funds transferred to Thoroughfare Fund
42" Lovers Lane Transmission Line 925,590 - 925,590 925,590 452,049 445,269 28,272 - 28,272
Total Projects 7,812,719$ 2,134,275$ 1,018,991$ 3,153,266$ 1,055,869$ 684,909$ 1,412,487$ 2,770,860$ 3,301,080$
Total Expenditures 9,766,305$ 3,836,861$ 1,450,865$ 5,287,726$ 1,963,328$ 684,909$ 2,639,489$ 2,770,860$ 4,347,207$
REVENUE OVER (UNDER) EXPENDITURES (2,058,026)$ (263,319)$
Beginning Fund Balance October 1 3,958,384 3,958,384
Ending Fund Balance Current Month 1,900,358$ 3,695,065$
Item 5b
14
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
March 31, 2017
Expected Year to Date Percent 50%
WASTEWATER IMPACT FEES FUND
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget STATUS OF
Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT
REVENUES
Impact Fees Wastewater 600,000$ -$ 600,000$ 207,670$
Interest - Wastewater 7,800 - 7,800 5,640
Upper Trinity Equity Fee - - - 27,500
Total Revenues 607,800$ -$ 607,800$ 240,809$
EXPENDITURES
Developer Reimbursements
Impact Fee Reimbursement LaCima 5,000$ 5,000$ -$ 5,000$ -$ -$ 5,000$ -$ 5,000$
TVG Westside Utility Developer Reimb 170,750 170,750 - 170,750 105,225 - 65,525 - 65,525
Prosper Partners Utility Developer Reimb 34,150 34,150 - 34,150 - - 34,150 - 34,150
Frontier Estates Developer Reimb 71,300 71,300 - 71,300 7,172 - 64,129 - 64,129
Brookhollow Developer Reimb - - - - 1,366 (1,366) - (1,366)
Total Developer Reimbursements 281,200$ 281,200$ -$ 281,200$ 113,763$ -$ 167,437$ -$ 167,437$
Capital Expenditures
Impact Fee Study 112,993$ -$ 22,541$ 22,541$ 21,903$ 638$ (0)$ 90,452$ 0$
Public Works Interceptor 800,000 - 1,070,124 1,070,124 15,423 25,124 1,029,577 - 759,453 Bid awarded 2/28/17
LaCima #2 Interceptor 465,000 465,000 (245,000) 220,000 - - 220,000 - 220,000 Development agreement for approval 3/14/17
Total Projects 1,377,993$ 465,000$ 847,665$ 1,312,665$ 37,327$ 25,762$ 1,249,577$ 90,452$ 979,453$
Total Expenditures 1,659,193$ 746,200$ 847,665$ 1,593,865$ 151,089$ 25,762$ 1,417,014$ 90,452$ 1,146,890$
REVENUE OVER (UNDER) EXPENDITURES (986,065)$ 89,720$
Beginning Fund Balance October 1 1,319,054 1,319,054
Ending Fund Balance Current Month 332,989$ 1,408,774$
Item 5b
15
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
March 31, 2017
Expected Year to Date Percent 50%
THOROUGHFARE IMPACT FEES FUND
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget STATUS OF
Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT
REVENUES
East Thoroughfare Impact Fees 4,000,000$ -$ 4,000,000$ (978,079)$ The negative revenue reflects prior period adjustment to report TIRZ impact fees in the correct fund.
West Thoroughfare Impact Fees 1,200,000 - 1,200,000 2,370,666 Increased collections in West Thoroughfare Impact fees is used for developer reimbursement
Interest-East Thoroughfare Impact Fees 32,560 - 32,560 19,563
Interest-West Thoroughfare Impact Fees 12,870 - 12,870 1,894
Total Revenues 5,245,430$ -$ 5,245,430$ 1,414,044$
EXPENDITURES
East
Impact Fee Study 17,322$ -$ 3,461$ 3,461$ 3,357$ 104$ 0$ 11,388$ 2,473$
Impact Fee Reimbursement Lakes of LaCima 300,000 300,000 - 300,000 - - 300,000 199,029 100,971
Frontier Pkwy BNSF Overpass 2,340,000 2,340,000 - 2,340,000 - - 2,340,000 - 2,340,000 Planning stage
Prosper Trail (Kroger - Coit)3,305,000 3,000,000 2,969,221 86,202 - 2,883,020 169,770 3,049,029 Design 90% complete
Prosper Trail (Coit - Custer)610,000 540,000 70,000 610,000 - 610,000 - - - Design contract approved 2/28/17
Kroger Reimbursement - Prosper Tr 960,000 - - - - - - 954,933 5,067 Project completed
Coit Road (First - Frontier)770,000 770,000 (70,000) 700,000 80,425 609,475 10,100 - 80,100 Design stage
Custer Turn Lane - Prosper Tr 100,000 100,000 - 100,000 - - 100,000 - 100,000 TxDOT on hold
First St. DNT-Coleman-EAST 195,000 - - - - - - 195,000 - Design 70% complete
Total East 8,402,322$ 7,050,000$ 3,461$ 7,022,682$ 169,983$ 1,219,579$ 5,633,120$ 1,530,120$ 5,677,640$
West
Impact Fee Study 17,322 -$ 3,461$ 3,461$ 3,357$ 104$ 0$ 11,388$ 2,473$
TVG Developer Reimb 500,000 500,000 - 500,000 1,561,240 - (1,061,240) - (1,061,240) See increased impact fee collections
Parks at Legacy Developer Reimb 100,000 100,000 - 100,000 163,988 - (63,988) - (63,988)
200,000 200,000 - 200,000 - - 200,000 - 200,000 Design contract anticipated to Council 5/2017
Traffic Signal at First and DNT 440,672 - 98,200 98,200 173,032 -$ (74,832) 152,130$ 115,511 Design 70% complete
Teel Parkway-DCFWSD#10 300,000 - - - - - - - 300,000 Anticipate payment to developer early summer 2017
Total West 1,557,994$ 800,000$ 101,661$ 901,661$ 1,901,616$ 104$ (1,000,059)$ 163,518$ (507,244)$
Total Expenditures 9,960,316$ 7,850,000$ 105,122$ 7,924,343$ 2,071,599$ 1,219,683$ 4,633,061$ 1,693,638$ 5,170,396$
REVENUE OVER (UNDER) EXPENDITURES (2,678,913)$ (657,555)$
Beginning Fund Balance October 1 5,777,012 5,777,012
Ending Fund Balance Current Month 3,098,099$ 5,119,457$
Cook Lane (First - End)
Item 5b
16
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
March 31, 2017
Expected Year to Date Percent 50%
SPECIAL REVENUE FUNDS
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Obligated Prior Year
REVENUES
Police Donation Revenue 12,000$ -$ 12,000$ 8,659$ -$ 3,341$ 72%8,154$ 6%
Police Grant - - - - - - -
Fire Donation Revenue 8,400 - 8,400 6,819 - 1,581 81%5,821 17%
Child Safety Revenue 8,000 - 8,000 3,133 - 4,867 39%3,379
Court Security Revenue 7,000 - 7,000 3,702 - 3,298 53%-
Court Technology Revenue 9,000 - 9,000 4,936 - 4,064 55%-
LEOSE Revenue - - - 2,398 - (2,398) 1,769
Library Grant - - - - - - -
Interest Income 8,000 - 8,000 241 - 7,759 3%7,081 -97%
Prosper Christmas Donations 12,000 - 12,000 13,706 - (1,706) 114%-
Tree Mitigation Revenue - - - - - - -
Cash Seizure/Forfeiture - - - 200 - (200) 650
Donations - ITTCC - - - 500 - (500) -
Transfer In - - - 1,119 - (1,119) -
Total Revenue 64,400$ -$ 64,400$ 45,415$ -$ 18,985$ 71%26,854$ 69%
LEOSE Expenditure -$ -$ -$ -$ -$ -$ 500$
Prosper Christmas Expense 40,000 - 40,000 29,813 5,350 4,837 88%-
Court Technology Expense 18,000 - 18,000 41 - 17,959 0%-
Court Security Expense 8,179 10,649 18,828 10,309 - 8,519 55%-
Police Donation Expense 10,000 - 10,000 5,836 - 4,164 58%4,000
Fire Donation Expense - - - 1,197 - (1,197) 2,638 -55%
Child Safety Expense 10,000 - 10,000 - - 10,000 0%-
Tree Mitigation Expense 14,000 - 14,000 - - 14,000 0%-
Library Grant Expense - - - - - - -
Police Seizure Expense 5,000 - 5,000 92 - 4,908 2%200 -54%
Transfer Out - - - 882,729 - (882,729)
Total Expenses 105,179$ 10,649$ 115,828$ 930,018$ 5,350$ (819,540)$ 803%7,338$ 12574%
REVENUE OVER (UNDER) EXPENDITURES (40,779)$ (10,649)$ (51,428)$ (884,603)$ 19,516$
Beginning Fund Balance October 1 1,143,867$ 1,143,867$ 857,283$
Ending Fund Balance Current Month 1,092,439$ 259,264$ 876,799$
Item 5b
17
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
March 31, 2017
CAPITAL PROJECTS FUND-GENERAL
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget STATUS OF
Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT
REVENUES
Grants -$ -$ -$ -$
Contributions/Interlocal Revenue - - - 3,000,000
Bond Proceeds 12,792,496 - 12,792,496 -
Interest - - - 7,005
Interest-2004 Bond 2,000 - 2,000 1,002
Interest-2006 Bond 600 - 600 1,416
Interest-2008 Bond 7,500 - 7,500 303
Interest-2012 GO Bond 12,000 - 12,000 443
Interest-2015 Bond - - - 9,679
Interest-2016 Bond - - - 39,086
Transfers In 1,665,000 2,274,268 3,939,268 5,883,333
Total Revenues 14,479,596$ 2,274,268$ 16,753,864$ 8,942,266$
EXPENDITURES
Coleman-Prosper Tr to Prosper HS 4,400,000$ -$ 46,162$ 46,162$ 20,892$ 31,459$ (6,189)$ 4,321,893$ 25,756$ Project complete
Downtown Enhancements 1,850,000 1,850,000 - 1,850,000 49,300 47,000 1,753,700 51,300 1,702,400 Design 30% complete
Seventh Street (Coleman-PSID)990,000 - 200 200 200 - - 985,288 4,512 Project complete
West Prosper Roads 12,781,000 - 6,691,786 6,691,786 378,588 6,313,198 0 6,089,214 - Phase 1-Construction 99% complete
- - Phase 2-design stage
Prosper Trail (Kroger to Coit)975,000 - 1,059,610 1,059,610 40,446 44,164 975,001 200,549 689,842 Design 90% complete
First Street (DNT to Coleman)660,672 - 174,412 174,412 33,675 148,149 (7,412) 395,224 83,624 Design 70% complete
Old Town Streets 2015 (Broadway,Fifth, McKinley)1,000,000 1,000,000 - 1,000,000 - - 1,000,000 - 1,000,000 Project moved to 2020-2025
Fishtrap Rd (Artesia to Dallas Parkway) & 2,037,676 - 1,262,277 1,262,277 32,668 - 1,229,609 2,005,005 3 Project complete
First St (Coit to Custer Rd)- -
Prosper Road Improvements 1,415,906 - - - - - - 1,415,906 (0) Project complete
Main Street (First - Broadway)625,000 625,000 - 625,000 1,000 597,342 26,658 - 24 Construction 7% complete
Eighth Street (Church-PISD)260,000 260,000 - 260,000 - - 260,000 - 260,000 Project moved to 2020-2025
Church Street (First-PISD)750,000 - 595,060 595,060 595,060 - - 89,300 65,640 Project complete
Field Street (First-Broadway)250,000 250,000 - 250,000 - - 250,000 - 250,000 Project moved to 2020-2025
Parvin Road (Good Hope-FM1385)270,000 270,000 - 270,000 - - 270,000 - 270,000 Project moved to 2020-2025
Pasewark (Preston-Hickory)400,000 400,000 - 400,000 - - 400,000 - 400,000 Project moved to 2020-2025
Parvin (Broadway-Eighth)515,000 515,000 - 515,000 - - 515,000 - 515,000 Anticipate bid award to Council 5/2017
Sixth Street (Coleman-Church)430,000 430,000 - 430,000 - - 430,000 - 430,000 Anticipate bid award to Council 5/2017
Third Street (Church-Lane)320,000 320,000 - 320,000 - - 320,000 - 320,000 Anticipate bid award to Council 5/2017
Town Hall Infrastructure Improvements 1,307,400 1,275,000 32,800 1,307,800 122,050 1,194,505 (8,755) 24,500 (33,655) Construction 10% complete
Total Street Projects 31,237,654$ 7,195,000$ 9,862,307$ 17,057,307$ 1,273,878$ 8,375,818$ 7,407,610$ 15,578,178$ 5,983,146$
SH289 Median Lighting 1,000,000$ -$ 6,590$ 6,590$ -$ 6,590$ (0)$ 953,203$ 40,206$ Project complete
Decorative Monument Street Signs 150,020 - - - 61 - (61) 109,943 40,077 Construction 95% complete
Coit Rd (US 380 - First) Median Lighting 450,000 - - - - - - - - Design stage
Total Traffic Projects 1,600,020$ -$ 6,590$ 6,590$ 61$ 6,590$ (61)$ 1,063,146$ 80,284$
Frontier Park - North Field Improvements 10,060,815$ 9,526,225$ -$ 9,526,225$ 2,166,296$ 7,399,429$ (39,500)$ -$ 495,090$ Construction 1% complete
Total Park Projects 10,060,815$ 9,526,225$ -$ 9,526,225$ 2,166,296$ 7,399,429$ (39,500)$ -$ 495,090$
Windsong Ranch Fire Station 7,500,000$ -$ 187,225$ 187,225$ 232,224$ 66,889$ 7,097,167$ 170,609$
Town Hall Professional Services 2,040,695 1,450,000 245,313 1,695,313 323,877 324,675 1,555,683 161,135
Town Hall Multipurpose Facility 19,989,691 10,000,000 1,176,691 11,176,691 2,027,407 17,570,284 - 392,000 Construction 7% complete
Town Hall - FF&E 1,362,000 - - - - - - -
Windsong Ranch Fire - Apparatus 815,000 - 77,002 77,002 83,183 - - 731,817
Total Facility Projects 31,707,386$ 11,450,000$ 1,686,231$ 13,136,231$ 2,666,691$ 17,961,848$ -$ 8,652,850$ 1,455,561$
Total Expenditures 74,605,875$ 28,171,225$ 11,555,128$ 39,726,353$ 6,106,926$ 33,743,685$ 7,368,049$ 25,294,175$ 8,014,080$
REVENUE OVER (UNDER) EXPENDITURES (22,972,489)$ 2,835,340$
Beginning Fund Balance October 1 12,955,728 12,955,728
Ending Fund Balance Current Month (10,016,761)$ 15,791,068$
Item 5b
18
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
March 31, 2017
CAPITAL PROJECTS FUND-WATER/SEWER
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Year Budget STATUS OF
Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT
REVENUES
Interest Income 37,200$ -$ 37,200$ 9,680$
Bond Proceeds 11,138,450 - 11,138,450 -
Transfers In - - - 90,975 Transfer from Water Impact Fund for Lower Pressure Plane Pump Station Design & 2016 CO Bonds for Old Town Drainage projects
Total Revenues 11,175,650$ -$ 11,175,650$ 100,655$
EXPENDITURES
PRV's at BNSF Railroad 582,000$ -$ 115,096$ 115,096$ 3,090$ 112,006$ (0)$ 28,788$ 438,116$ Pre-Construction
Lower Pressure Plane Pump Station Design 22,960,919 22,960,919 - 22,960,919 7,398 39,286 22,914,235 102,199 22,812,036 Construction 25% complete for Lovers Lane
Prosper Trail EST Construction 517,300 - 34,930 34,930 25,280 9,650 (0) 456,389 25,981 Construction 82% complete
Total Water Projects 24,060,219$ 22,960,919$ 150,026$ 23,110,945$ 35,768$ 160,943$ 22,914,235$ 587,375$ 23,276,133$
Downtown Drainage-Hawk Ridge 165,000$ -$ -$ -$ -$ -$ -$ -$ 165,000$ Waiting on developer's request for reimb-Drainage fund funding source
Old Town Drainage 500,000 500,000 - 500,000 - 31,480 468,520 19,720 448,800 Design 30% complete
Coleman Rd Drainage 300,000 282,500 - 282,500 - 3,350 279,150 17,500 279,150 Ongoing - second phase to Council Summer 2017
Old Town Land Drainage Land Acq 750,000 750,000 - 750,000 4,088 580 745,332 59,920 685,412 Phase I Summer 2017; Phase II early 2018
Old Town Drainage Broadway Design & Construction 750,000 750,000 - 750,000 - - 750,000 - 750,000 Phase I design Summer 2017; Phase II 2018
Old Town Drainage Trunk Main 600,000 600,000 - 600,000 149,004 450,996 - - - Construction 7% complete
Old Town Drainage-First and Main 800,000 800,000 - 800,000 - - 800,000 - 800,000 2017
Amberwood Farms Drainage 32,000 32,000 - 32,000 - - 32,000 - 32,000 Project on hold
Total Drainage Projects 3,897,000$ 3,714,500$ -$ 3,714,500$ 153,092$ 486,406$ 3,075,002$ 97,140$ 3,160,362$
Total Expenses 27,957,219$ 26,675,419$ 150,026$ 26,825,445$ 188,859$ 647,349$ 25,989,237$ 684,515$ 26,436,496$
(15,649,795)$ (88,205)$
Beginning Working Capital October 1 5,664,920 5,664,920
Ending Working Capital Current Month (9,984,875)$ 5,576,715$
Item 5b
19
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
100-4035-10-00 3% Construction Fee - 363,000.00 - 363,000.00 - 157,945.98 - 61,464.36 43.51 - 205,054.02
100-4061-10-00 Notary Fees - 200.00 - 200.00 - 132.00 - 30.00 66.00 - 68.00
100-4105-10-00 Property Taxes -Delinquent - 113,138.00 - 113,138.00 - 511,543.56 - 77,983.04 452.14 398,405.56
100-4110-10-00 Property Taxes -Current - 9,848,328.00 - 490,682.00 - 10,339,010.00 - 9,600,913.01 - 137,069.86 92.86 - 738,096.99
100-4115-10-00 Taxes -Penalties - 41,751.00 - 41,751.00 - 107,679.27 - 26,644.59 257.91 65,928.27
100-4120-10-00 Sales Taxes - 4,230,600.00 - 402,591.00 - 4,633,191.00 - 2,395,447.09 - 378,444.65 51.70 - 2,237,743.91
100-4130-10-00 Sales Tax-Mixed Beverage - 19,000.00 - 19,000.00 - 4,230.79 22.27 - 14,769.21
100-4140-10-00 Franchise Taxes - Electric - 420,000.00 - 420,000.00 - 40,713.25 9.69 - 379,286.75
100-4150-10-00 Franchise Taxes - Telephone - 190,000.00 - 190,000.00 - 48,579.13 25.57 - 141,420.87
100-4160-10-00 Franchise Taxes - Gas - 92,000.00 - 92,000.00 - 91,194.67 99.13 - 805.33
100-4170-10-00 Franchise Taxes - Road Usage - 9,350.00 - 9,350.00 - 9,135.15 - 66.71 97.70 - 214.85
100-4190-10-00 Franchise Fee-Cable - 28,050.00 - 28,050.00 - 8,852.43 31.56 - 19,197.57
100-4200-10-00 T-Mobile Fees - 34,608.00 - 34,608.00 - 17,302.50 - 2,883.75 50.00 - 17,305.50
100-4201-10-00 Tierone Converged Network - 18,000.00 - 18,000.00 - 9,000.00 - 1,500.00 50.00 - 9,000.00
100-4202-10-00 NTTA Tag Sales - 150.00 - 150.00 - 70.00 46.67 - 80.00
100-4205-10-00 Blue Wireless Fees (Panaband)- 23,808.00 - 23,808.00 - 12,200.06 - 2,281.31 51.24 - 11,607.94
100-4206-10-00 Verizon Antenna Lease - 28,000.00 - 28,000.00 - 28,000.00
100-4218-10-00 Administrative Fees-EDC - 7,500.00 - 7,500.00 - 7,500.00 - 1,250.00 100.00
100-4230-10-00 Other Permits - 870.00 - 870.00 2,070.00 - 237.93 - 2,940.00
100-4610-10-00 Interest Income - 36,000.00 - 36,000.00 - 50,646.15 - 10,207.35 140.68 14,646.15
100-4910-10-00 Other Revenue - 25,000.00 - 25,000.00 - 11,893.52 - 64.73 47.57 - 13,106.48
100-4995-10-00 Transfer In/Out - 1,091,166.00 - 1,091,166.00 - 545,583.00 - 90,930.50 50.00 - 545,583.00
100-4410-10-07 Court Fines - 385,000.00 - 385,000.00 - 204,273.08 - 40,507.00 53.06 - 180,726.92
100-4610-10-07 Interest Income - 3,600.00 - 3,600.00 - 1,232.51 - 39.54 34.24 - 2,367.49
100-4930-10-99 Insurance Proceeds - 1,600.00 - 1,600.00 1,600.00
100-4230-20-01 Other Permits - 660.00 - 660.00 - 200.00 - 25.00 30.30 - 460.00
100-4440-20-01 Accident Reports - 880.00 - 880.00 - 515.00 - 100.00 58.52 - 365.00
100-4450-20-01 Alarm Fee - 40,700.00 - 40,700.00 - 23,758.00 - 3,839.00 58.37 - 16,942.00
100-4910-20-01 Other Revenue - 500.00 - 500.00 - 2,625.00 - 715.00 525.00 2,125.00
100-4310-30-01 Charges for Services - 220,000.00 - 220,000.00 - 122,751.76 - 27,223.21 55.80 - 97,248.24
100-4411-30-01 CC Fire Assoc - 249.81 249.81
100-4315-30-05 Fire Review/Inspect Fees - 40,000.00 - 40,000.00 - 52,150.00 - 13,650.00 130.38 12,150.00
100-4012-40-01 Saturday Inspection Fee - 100.00 100.00
100-4017-40-01 Contractor Registration Fee - 68,985.00 - 68,985.00 - 50,900.00 - 8,900.00 73.78 - 18,085.00
100-4060-40-01 NSF Fees - 30.00 30.00
100-4210-40-01 Building Permits - 2,656,400.00 - 84,904.00 - 2,741,304.00 - 1,259,208.98 - 258,786.01 45.94 - 1,482,095.02
100-4230-40-01 Other Permits - 200,000.00 - 200,000.00 - 133,622.50 - 25,055.00 66.81 - 66,377.50
100-4240-40-01 Plumb/Elect/Mech Permits - 45,000.00 - 45,000.00 - 24,306.10 - 4,822.10 54.01 - 20,693.90
100-4242-40-01 Re-inspection Fees - 35,000.00 - 35,000.00 - 34,600.00 - 7,875.00 98.86 - 400.00
100-4910-40-01 Other Revenue - 10,000.00 - 10,000.00 - 16,438.14 - 5,984.50 164.38 6,438.14
100-4245-40-02 Health Inspections - 19,340.00 - 19,340.00 - 11,355.00 5,656.20 58.71 - 7,985.00
100-4910-40-02 Other Revenue - 875.00 - 875.00 - 9,081.20 - 9,081.20 1,037.85 8,206.20
100-4220-40-03 Zoning Application Fees - 20,000.00 - 20,000.00 - 13,814.94 - 1,110.00 69.08 - 6,185.06
Item 5b
20
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
100-4225-40-03 Development Application Fees - 100,000.00 - 100,000.00 - 26,020.00 - 7,845.00 26.02 - 73,980.00
100-4910-40-03 Other Revenue - 3,000.00 - 3,000.00 - 4,930.00 - 600.00 164.33 1,930.00
100-4910-50-01 Other Revenue - 15,000.00 - 15,000.00 - 7,740.00 - 1,800.00 51.60 - 7,260.00
100-4995-50-01 Transfer In - 45,000.00 - 45,000.00 - 45,000.00
100-4056-60-00 Field Rental Fees - 49,500.00 - 49,500.00 - 36,465.00 - 135.00 73.67 - 13,035.00
100-4057-60-00 Pavilion User Fees - 3,500.00 - 3,500.00 - 2,225.00 - 620.00 63.57 - 1,275.00
100-4058-60-00 Park Program Fees - 44,000.00 - 44,000.00 - 10,968.59 - 7,067.00 24.93 - 33,031.41
100-4063-60-05 Lost Fees - 275.00 - 275.00 - 38.93 14.16 - 236.07
100-4064-60-05 Printing/Copying Fees - 60.00 - 60.00 - 34.10 - 14.30 56.83 - 25.90
100-4065-60-05 Book Fines - 660.00 - 660.00 - 593.79 - 119.60 89.97 - 66.21
100-4510-60-05 Grants - 2,500.00 - 2,500.00 - 7,154.16 286.17 4,654.16
100-4910-60-05 Other Revenue - 250.00 - 250.00 - 2.06 - 1.95 0.82 - 247.94
100-5110-10-01 Salaries & Wages 68,097.00 18,610.95 86,707.95 33,733.51 7,999.78 38.91 52,974.44
100-5140-10-01 Salaries - Longevity Pay 215.00 215.00 215.00 100.00
100-5145-10-01 Social Security Expense 4,235.00 4,235.00 2,088.05 493.17 49.31 2,146.95
100-5150-10-01 Medicare Expense 991.00 991.00 488.33 115.34 49.28 502.67
100-5155-10-01 SUTA Expense 171.00 171.00 171.00 100.00
100-5160-10-01 Health/Dental Insurance 6,100.00 6,100.00 3,427.44 468.84 56.19 2,672.56
100-5165-10-01 Dental Insurance 433.00 433.00 195.84 32.82 45.23 237.16
100-5170-10-01 Life Insurance 92.00 92.00 50.28 9.38 54.65 41.72
100-5175-10-01 Liability (TML)/Workers' Comp 139.00 139.00 34.15 8.03 24.57 104.85
100-5180-10-01 TMRS Expense 9,174.00 9,174.00 4,431.17 1,082.04 48.30 4,742.83
100-5185-10-01 Long/Short Term Disability 126.00 126.00 58.96 10.06 46.79 67.04
100-5186-10-01 WELLE-Wellness Prog Reimb Empl 600.00 600.00 234.96 39.16 39.16 365.04
100-5190-10-01 Contract Labor 100.00 100.00 45.00 45.00 55.00
100-5210-10-01 Supplies 1,200.00 - 233.00 967.00 549.89 56.87 417.11
100-5212-10-01 Building Supplies 1,000.00 1,000.00 390.49 14.00 39.05 609.51
100-5230-10-01 Dues,Fees,& Subscriptions 2,550.00 233.00 2,783.00 2,782.94 100.00 0.06
100-5240-10-01 Postage and Delivery 100.00 100.00 2.98 2.98 97.02
100-5250-10-01 Publications 400.00 400.00 400.00
100-5280-10-01 Printing and Reproduction 150.00 150.00 150.00
100-5330-10-01 Copier Expense 250.00 250.00 128.89 21.22 51.56 121.11
100-5340-10-01 Building Repairs 500.00 500.00 125.37 25.07 374.63
100-5410-10-01 Professional Services 272,110.00 272,110.00 124,924.37 23,528.49 143,052.37 45.91 4,133.26
100-5430-10-01 Legal Fees 72,450.00 72,450.00 50,045.09 21,308.20 69.08 22,404.91
100-5480-10-01 Contracted Services 9,755.00 9,755.00 5,532.94 1,028.05 56.72 4,222.06
100-5524-10-01 Gas 500.00 500.00 311.87 44.03 62.37 188.13
100-5525-10-01 Electricity 7,250.00 7,250.00 2,228.74 424.32 30.74 5,021.26
100-5526-10-01 Data Network 1,000.00 1,000.00 227.94 37.99 22.79 772.06
100-5530-10-01 Travel 250.00 250.00 250.00
100-5533-10-01 Mileage Expense 200.00 200.00 200.00
100-5536-10-01 Training/Seminars 200.00 200.00 200.00
100-5110-10-02 Salaries & Wages 128,561.00 9,908.74 138,469.74 61,823.35 15,548.99 44.65 76,646.39
Item 5b
21
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
100-5140-10-02 Salaries - Longevity Pay 210.00 210.00 210.00 100.00
100-5143-10-02 Cell Phone Allowance 1,080.00 1,080.00 540.00 90.00 50.00 540.00
100-5145-10-02 Social Security Expense 8,054.00 8,054.00 3,881.84 970.01 48.20 4,172.16
100-5150-10-02 Medicare Expense 1,884.00 1,884.00 907.84 226.85 48.19 976.16
100-5155-10-02 SUTA Expense 513.00 513.00 374.86 28.02 73.07 138.14
100-5170-10-02 Life Insurance 195.00 195.00 110.88 18.48 56.86 84.12
100-5175-10-02 Liability (TML)/Workers' Comp 265.00 265.00 62.58 15.63 23.62 202.42
100-5180-10-02 TMRS Expense 12,701.00 12,701.00 6,253.30 1,529.84 49.24 6,447.70
100-5185-10-02 Long/Short Term Disability 172.00 172.00 82.99 14.18 48.25 89.01
100-5193-10-02 Records Retention 2,470.00 2,470.00 221.50 8.97 2,248.50
100-5210-10-02 Supplies 1,200.00 1,200.00 725.97 12.19 60.50 474.03
100-5212-10-02 Building Supplies 376.45 - 376.45
100-5220-10-02 Office Equipment 500.00 500.00 105.12 21.02 394.88
100-5230-10-02 Dues,Fees,& Subscriptions 1,860.00 1,860.00 452.50 24.33 1,407.50
100-5240-10-02 Postage and Delivery 200.00 200.00 44.46 1.19 22.23 155.54
100-5280-10-02 Printing and Reproduction 1,135.00 1,135.00 1,135.00
100-5290-10-02 Other Charges and Services 51.98 26.78 - 51.98
100-5310-10-02 Rental Expense 5,800.00 5,800.00 2,364.68 249.00 40.77 3,435.32
100-5330-10-02 Copier Expense 1,500.00 1,500.00 872.56 165.20 58.17 627.44
100-5340-10-02 Building Repairs 1,000.00 1,000.00 1,000.00
100-5430-10-02 Legal Fees 21,600.00 21,600.00 9,131.93 3,420.00 42.28 12,468.07
100-5435-10-02 Legal Notices/Filings 5,100.00 5,100.00 4,718.70 741.80 92.52 381.30
100-5460-10-02 Election Expense 14,650.00 14,650.00 482.26 3.29 14,167.74
100-5480-10-02 Contracted Services 14,905.00 15,413.00 30,318.00 7,975.00 15,412.50 26.31 6,930.50
100-5520-10-02 Telephones 600.00 600.00 411.71 34.99 68.62 188.29
100-5526-10-02 Data Network 460.00 460.00 227.94 37.99 49.55 232.06
100-5530-10-02 Travel 4,600.00 4,600.00 1,578.27 212.07 34.31 3,021.73
100-5533-10-02 Mileage Expense 800.00 800.00 327.74 258.94 40.97 472.26
100-5536-10-02 Training/Seminars 2,690.00 2,690.00 395.00 14.68 2,295.00
100-5538-10-02 Council/Public Official Expnse 21,000.00 21,000.00 12,298.85 3,914.71 58.57 8,701.15
100-5600-10-02 Special Events 2,881.00 2,881.00 5,593.91 194.17 - 2,712.91
100-5110-10-03 Salaries & Wages 426,332.00 15,435.11 441,767.11 203,095.28 45,466.59 45.97 238,671.83
100-5115-10-03 Salaries - Overtime 1,808.00 1,808.00 221.65 12.26 1,586.35
100-5126-10-03 Salaries-Vacation Buy-Out 4,021.00 4,021.00 2,500.31 62.18 1,520.69
100-5140-10-03 Salaries - Longevity Pay 660.00 660.00 590.00 89.39 70.00
100-5143-10-03 Cell Phone Allowance 900.00 900.00 900.00
100-5145-10-03 Social Security Expense 26,896.00 26,896.00 12,535.34 2,703.99 46.61 14,360.66
100-5150-10-03 Medicare Expense 6,291.00 6,291.00 2,931.64 632.37 46.60 3,359.36
100-5155-10-03 SUTA Expense 1,026.00 1,026.00 884.80 34.14 86.24 141.20
100-5160-10-03 Health/Dental Insurance 27,762.00 27,762.00 12,536.98 2,471.34 45.16 15,225.02
100-5165-10-03 Dental Insurance 2,032.00 2,032.00 602.28 140.32 29.64 1,429.72
100-5170-10-03 Life Insurance 677.00 677.00 183.48 39.02 27.10 493.52
100-5175-10-03 Liability (TML)/Workers' Comp 884.00 884.00 206.63 45.51 23.37 677.37
Item 5b
22
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
100-5180-10-03 TMRS Expense 58,269.00 58,269.00 26,709.10 6,125.07 45.84 31,559.90
100-5185-10-03 Long/Short Term Disability 789.00 789.00 303.65 56.79 38.49 485.35
100-5186-10-03 WELLE-Wellness Prog Reimb Empl 1,650.00 1,650.00 334.96 39.16 20.30 1,315.04
100-5190-10-03 Contract Labor 11,940.91 - 11,940.91
100-5191-10-03 Hiring Cost 100.00 100.00 6,102.00 6,102.00 - 6,002.00
100-5210-10-03 Supplies 3,550.00 3,550.00 2,592.72 559.85 73.03 957.28
100-5212-10-03 Building Supplies 2,000.00 2,000.00 1,176.82 58.84 823.18
100-5220-10-03 Office Equipment 1,350.00 1,350.00 1,255.12 1,150.00 92.97 94.88
100-5230-10-03 Dues,Fees,& Subscriptions 6,090.00 6,090.00 5,311.80 2,106.90 87.22 778.20
100-5240-10-03 Postage and Delivery 1,800.00 1,800.00 858.84 176.06 47.71 941.16
100-5280-10-03 Printing and Reproduction 150.00 150.00 144.62 96.41 5.38
100-5290-10-03 Other Charges and Services 434.75 283.55 - 434.75
100-5310-10-03 Rental Expense 20,000.00 20,000.00 11,207.20 3,252.20 7,838.00 56.04 954.80
100-5330-10-03 Copier Expense 1,600.00 1,600.00 739.48 151.32 46.22 860.52
100-5340-10-03 Building Repairs 1,000.00 1,000.00 1,000.00
100-5410-10-03 Professional Services 7,200.00 7,200.00 4,727.63 1,592.03 65.66 2,472.37
100-5412-10-03 Audit Fees 35,700.00 35,700.00 34,000.00 7,990.00 95.24 - 6,290.00
100-5414-10-03 Appraisal/Tax Fees 100,000.00 100,000.00 53,234.22 1,809.48 53.23 46,765.78
100-5418-10-03 IT Fees 48,900.00 48,900.00 29,902.20 - 2,982.00 61.15 18,997.80
100-5419-10-03 IT Licenses 12,500.00 12,500.00 7,500.00 60.00 5,000.00
100-5430-10-03 Legal Fees 9,289.00 9,289.00 3,402.82 1,122.82 36.63 5,886.18
100-5435-10-03 Legal Notices/Filings 76.00 76.00 - 76.00
100-5480-10-03 Contracted Services 8,890.00 8,890.00 4,543.42 757.96 51.11 4,346.58
100-5520-10-03 Telephones 1,575.00 1,575.00 870.09 128.83 55.24 704.91
100-5525-10-03 Electricity 8,500.00 8,500.00 2,679.81 541.48 31.53 5,820.19
100-5526-10-03 Data Network 500.00 500.00 227.94 37.99 45.59 272.06
100-5530-10-03 Travel 9,100.00 9,100.00 3,264.54 758.95 35.87 5,835.46
100-5533-10-03 Mileage Expense 1,505.00 1,505.00 420.08 34.24 27.91 1,084.92
100-5536-10-03 Training/Seminars 4,835.00 4,835.00 2,955.00 695.00 61.12 1,880.00
100-5110-10-04 Salaries & Wages 139,415.00 5,089.79 144,504.79 64,008.29 12,425.44 44.30 80,496.50
100-5115-10-04 Salaries - Overtime 5,000.00 5,000.00 616.92 12.34 4,383.08
100-5126-10-04 Salaries-Vacation Buy-Out 2,603.00 2,603.00 2,641.16 101.47 - 38.16
100-5140-10-04 Salaries - Longevity Pay 290.00 290.00 285.00 98.28 5.00
100-5145-10-04 Social Security Expense 9,143.00 9,143.00 3,872.92 720.66 42.36 5,270.08
100-5150-10-04 Medicare Expense 2,138.00 2,138.00 905.76 168.54 42.37 1,232.24
100-5155-10-04 SUTA Expense 342.00 342.00 248.37 72.62 93.63
100-5160-10-04 Health/Dental Insurance 15,590.00 15,590.00 6,901.65 872.34 44.27 8,688.35
100-5165-10-04 Dental Insurance 962.00 962.00 386.32 39.72 40.16 575.68
100-5170-10-04 Life Insurance 315.00 315.00 100.50 10.62 31.91 214.50
100-5175-10-04 Liability (TML)/Workers' Comp 290.00 290.00 374.76 12.43 129.23 - 84.76
100-5180-10-04 TMRS Expense 19,799.00 19,799.00 8,730.09 1,672.47 44.09 11,068.91
100-5185-10-04 Long/Short Term Disability 257.00 257.00 113.36 15.34 44.11 143.64
100-5186-10-04 WELLE-Wellness Prog Reimb Empl 600.00 600.00 150.00 25.00 450.00
Item 5b
23
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
100-5191-10-04 Hiring Cost 23,200.00 23,200.00 6,833.33 546.33 29.45 16,366.67
100-5210-10-04 Supplies 1,710.00 1,710.00 1,162.09 284.67 67.96 547.91
100-5212-10-04 Building Supplies 15.99 - 15.99
100-5220-10-04 Office Equipment 9,463.00 9,463.00 9,463.00
100-5230-10-04 Dues,Fees,& Subscriptions 5,530.00 5,530.00 1,038.00 518.00 18.77 4,492.00
100-5240-10-04 Postage and Delivery 382.00 382.00 124.40 32.57 257.60
100-5250-10-04 Publications 500.00 500.00 362.40 72.48 137.60
100-5280-10-04 Printing and Reproduction 500.00 500.00 1,013.94 533.94 202.79 - 513.94
100-5290-10-04 Other Charges and Services 25.20 - 25.20
100-5330-10-04 Copier Expense 1,160.00 1,160.00 785.93 157.71 67.75 374.07
100-5410-10-04 Professional Services 31,000.00 31,000.00 6,962.25 5,462.00 22.46 24,037.75
100-5419-10-04 IT Licenses 4,285.00 4,285.00 4,285.00
100-5420-10-04 Municipal Court/Judge Fees 6.47 - 6.47
100-5430-10-04 Legal Fees 10,000.00 10,000.00 4,561.67 2,300.67 45.62 5,438.33
100-5435-10-04 Legal Notices/Filings 51.00 - 51.00
100-5480-10-04 Contracted Services 2,408.00 870.75 - 2,408.00
100-5520-10-04 Telephones 1,272.00 1,272.00 308.64 51.42 24.26 963.36
100-5526-10-04 Data Network 48.84 48.84 - 48.84
100-5530-10-04 Travel 3,600.00 3,600.00 3,600.00
100-5533-10-04 Mileage Expense 1,000.00 1,000.00 1,000.00
100-5536-10-04 Training/Seminars 4,700.00 4,700.00 25.38 0.54 4,674.62
100-5600-10-04 Special Events 10,000.00 10,000.00 8,365.15 1,012.99 83.65 1,634.85
100-5110-10-05 Salaries & Wages 175,114.00 11,632.79 186,746.79 91,483.92 21,584.04 48.99 95,262.87
100-5115-10-05 Salaries - Overtime 647.49 69.01 - 647.49
100-5140-10-05 Salaries - Longevity Pay 70.00 70.00 70.00
100-5143-10-05 Cell Phone Allowance 2,760.00 2,760.00 1,380.00 230.00 50.00 1,380.00
100-5145-10-05 Social Security Expense 11,037.00 11,037.00 5,287.30 1,273.71 47.91 5,749.70
100-5150-10-05 Medicare Expense 2,581.00 2,581.00 1,236.54 297.88 47.91 1,344.46
100-5155-10-05 SUTA Expense 342.00 342.00 342.00 100.00
100-5160-10-05 Health/Dental Insurance 18,870.00 18,870.00 10,236.48 1,526.88 54.25 8,633.52
100-5165-10-05 Dental Insurance 988.00 988.00 448.74 75.42 45.42 539.26
100-5170-10-05 Life Insurance 184.00 184.00 128.64 22.44 69.91 55.36
100-5175-10-05 Liability (TML)/Workers' Comp 363.00 363.00 93.49 21.92 25.76 269.51
100-5180-10-05 TMRS Expense 23,906.00 23,906.00 12,139.04 2,952.19 50.78 11,766.96
100-5185-10-05 Long/Short Term Disability 323.00 323.00 159.99 27.12 49.53 163.01
100-5186-10-05 WELLE-Wellness Prog Reimb Empl 125.00 50.00 - 125.00
100-5210-10-05 Supplies 500.00 500.00 305.31 95.39 61.06 194.69
100-5212-10-05 Building Supplies 500.00 500.00 96.67 60.13 19.33 403.33
100-5220-10-05 Office Equipment 1,000.00 1,000.00 890.39 89.04 109.61
100-5225-10-05 Computer Hardware 30,860.00 30,860.00 17,758.35 6,611.52 979.91 57.55 12,121.74
100-5230-10-05 Dues,Fees,& Subscriptions 500.00 500.00 150.00 30.00 350.00
100-5240-10-05 Postage and Delivery 300.00 300.00 189.47 28.56 63.16 110.53
100-5280-10-05 Printing and Reproduction 200.00 200.00 81.10 81.10 40.55 118.90
Item 5b
24
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
100-5290-10-05 Other Charges and Services 103.95 53.55 - 103.95
100-5330-10-05 Copier Expense 28,730.00 28,730.00 13,819.68 2,324.81 13,842.36 48.10 1,067.96
100-5400-10-05 Uniform Expense 800.00 800.00 800.00
100-5410-10-05 Professional Services 5,000.00 5,000.00 207.00 4.14 4,793.00
100-5418-10-05 IT Fees 42,450.00 42,450.00 13,844.98 1,070.83 1,750.00 32.62 26,855.02
100-5419-10-05 IT Licenses 88,700.00 88,700.00 61,480.56 29,292.84 69.31 27,219.44
100-5430-10-05 Legal Fees 1,000.00 1,000.00 703.00 285.00 70.30 297.00
100-5480-10-05 Contracted Services 33,000.00 33,000.00 12,341.50 9,195.00 - 8,900.00 37.40 29,558.50
100-5520-10-05 Telephones 30,663.00 30,663.00 18,170.98 3,078.43 59.26 12,492.02
100-5526-10-05 Data Network 58,232.00 58,232.00 32,700.29 3,825.76 56.16 25,531.71
100-5530-10-05 Travel 3,720.00 3,720.00 415.76 415.76 11.18 3,304.24
100-5533-10-05 Mileage Expense 1,500.00 1,500.00 730.52 76.74 48.70 769.48
100-5536-10-05 Training/Seminars 7,000.00 7,000.00 1,731.00 1,126.20 24.73 5,269.00
100-5620-10-05 Tools & Equipment 1,000.00 1,000.00 347.99 34.80 652.01
100-5630-10-05 Safety Equipment 500.00 500.00 500.00
100-5110-10-07 Salaries & Wages 119,401.00 5,993.72 125,394.72 59,083.86 14,109.22 47.12 66,310.86
100-5115-10-07 Salaries - Overtime 251.00 251.00 99.18 99.18 39.51 151.82
100-5126-10-07 Salaries-Vacation Buy-Out 3,174.00 3,174.00 3,173.76 99.99 0.24
100-5128-10-07 Language Pay 2,250.00 2,250.00 950.00 150.00 42.22 1,300.00
100-5140-10-07 Salaries - Longevity Pay 235.00 235.00 190.00 80.85 45.00
100-5145-10-07 Social Security Expense 7,632.00 7,632.00 3,541.61 825.05 46.41 4,090.39
100-5150-10-07 Medicare Expense 1,785.00 1,785.00 828.29 192.96 46.40 956.71
100-5155-10-07 SUTA Expense 342.00 342.00 296.43 25.51 86.68 45.57
100-5160-10-07 Health/Dental Insurance 20,026.00 20,026.00 10,962.06 1,574.48 54.74 9,063.94
100-5165-10-07 Dental Insurance 898.00 898.00 412.02 67.42 45.88 485.98
100-5170-10-07 Life Insurance 184.00 184.00 100.56 18.76 54.65 83.44
100-5175-10-07 Liability (TML)/Workers' Comp 249.00 249.00 62.65 14.18 25.16 186.35
100-5180-10-07 TMRS Expense 16,528.00 16,528.00 8,109.18 1,912.45 49.06 8,418.82
100-5185-10-07 Long/Short Term Disability 221.00 221.00 102.91 17.47 46.57 118.09
100-5186-10-07 WELLE-Wellness Prog Reimb Empl 600.00 600.00 150.00 25.00 450.00
100-5191-10-07 Hiring Cost 400.00 - 400.00
100-5210-10-07 Supplies 1,700.00 1,700.00 965.40 8.13 56.79 734.60
100-5212-10-07 Building Supplies 3,749.00 3,749.00 1,754.07 46.79 1,994.93
100-5220-10-07 Office Equipment 200.00 200.00 200.00 100.00
100-5230-10-07 Dues,Fees,& Subscriptions 250.00 250.00 80.00 32.00 170.00
100-5240-10-07 Postage and Delivery 1,400.00 1,400.00 490.25 150.00 35.02 909.75
100-5250-10-07 Publications 100.00 100.00 40.95 40.95 59.05
100-5280-10-07 Printing and Reproduction 700.00 700.00 170.00 24.29 530.00
100-5290-10-07 Other Charges and Services 94.20 43.80 - 94.20
100-5310-10-07 Rental Expense 36,920.00 36,920.00 21,041.50 3,089.50 2,972.50 56.99 12,906.00
100-5320-10-07 Repairs & Maintenance 500.00 500.00 183.17 36.63 316.83
100-5330-10-07 Copier Expense 1,850.00 1,850.00 874.69 175.99 47.28 975.31
100-5418-10-07 IT Fees 6,610.00 6,610.00 3,918.48 59.28 2,691.52
Item 5b
25
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
100-5420-10-07 Municipal Court/Judge Fees 24,000.00 24,000.00 9,600.00 2,000.00 40.00 14,400.00
100-5425-10-07 State Fines Expense 1,200.00 1,200.00 837.48 69.79 362.52
100-5430-10-07 Legal Fees 31,200.00 31,200.00 12,476.70 4,450.08 39.99 18,723.30
100-5480-10-07 Contracted Services 4,800.00 4,800.00 2,990.00 610.00 62.29 1,810.00
100-5524-10-07 Gas 750.00 750.00 391.53 56.72 52.20 358.47
100-5525-10-07 Electricity 1,500.00 1,500.00 470.67 65.17 31.38 1,029.33
100-5530-10-07 Travel 700.00 700.00 381.55 54.51 318.45
100-5533-10-07 Mileage Expense 700.00 700.00 320.29 45.76 379.71
100-5536-10-07 Training/Seminars 700.00 700.00 400.00 250.00 57.14 300.00
100-5110-10-99 Salaries & Wages 136,864.00 - 136,864.00
100-5176-10-99 TML Prop. & Liab. Insurance 110,000.00 110,000.00 94,455.60 85.87 15,544.40
100-5305-10-99 Chapt 380 Program Grant Exp 183,600.00 183,600.00 54,930.13 1,233.02 29.92 128,669.87
100-5306-10-99 Developer Rollback Incentives 55,011.69 - 55,011.69
100-5410-10-99 Professional Services 62,500.00 62,500.00 44,230.97 10,566.73 23,437.50 70.77 - 5,168.47
100-5480-10-99 Contracted Services 48,000.00 48,000.00 18,000.00 3,000.00 18,000.00 37.50 12,000.00
100-5600-10-99 Special Events 5,000.00 5,000.00 5,000.00
100-5930-10-99 Damage Claims Expense 2,600.00 - 2,600.00
100-6125-10-99 Capital Expense Technology 84,795.00 84,795.00 42,397.50 7,066.25 50.00 42,397.50
100-6140-10-99 Capital Expenditure Equipment 77,874.00 77,874.00 38,937.00 6,489.50 50.00 38,937.00
100-6160-10-99 Capital Expenditure Vehicles 280,489.00 280,489.00 140,244.48 23,374.08 50.00 140,244.52
100-7000-10-99 Contingency 50,000.00 50,000.00 36,771.55 10,000.00 6,000.00 73.54 7,228.45
100-5110-20-01 Salaries & Wages 1,602,812.00 204,445.83 1,807,257.83 689,115.94 179,266.09 38.13 1,118,141.89
100-5115-20-01 Salaries - Overtime 75,386.00 75,386.00 40,746.13 11,031.27 54.05 34,639.87
100-5126-20-01 Salaries-Vacation Buy-Out 14,523.00 14,523.00 13,492.36 92.90 1,030.64
100-5127-20-01 Salaries-Certification Pay 23,130.00 23,130.00 12,043.44 3,251.35 52.07 11,086.56
100-5140-20-01 Salaries - Longevity Pay 5,785.00 5,785.00 5,285.00 91.36 500.00
100-5143-20-01 Cell Phone Allowance 1,980.00 1,980.00 690.00 115.00 34.85 1,290.00
100-5145-20-01 Social Security Expense 106,841.00 106,841.00 44,434.07 11,775.35 41.59 62,406.93
100-5150-20-01 Medicare Expense 24,987.00 24,987.00 10,693.66 2,753.95 42.80 14,293.34
100-5155-20-01 SUTA Expense 4,617.00 4,617.00 3,725.15 141.99 80.68 891.85
100-5160-20-01 Health/Dental Insurance 171,917.00 171,917.00 72,528.52 10,842.32 42.19 99,388.48
100-5165-20-01 Dental Insurance 10,181.00 10,181.00 3,725.67 609.60 36.59 6,455.33
100-5170-20-01 Life Insurance 7,114.00 7,114.00 3,374.85 631.08 47.44 3,739.15
100-5175-20-01 Liability (TML)/Workers' Comp 30,330.00 30,330.00 26,208.50 6,654.21 86.41 4,121.50
100-5180-20-01 TMRS Expense 231,450.00 231,450.00 98,870.48 26,084.41 42.72 132,579.52
100-5185-20-01 Long/Short Term Disability 3,009.00 3,009.00 1,131.84 194.01 37.62 1,877.16
100-5186-20-01 WELLE-Wellness Prog Reimb Empl 5,550.00 5,550.00 652.44 128.32 11.76 4,897.56
100-5191-20-01 Hiring Cost 1,100.00 1,100.00 2,356.90 214.26 - 1,256.90
100-5192-20-01 Physical & Psychological 300.00 300.00 300.00
100-5210-20-01 Supplies 12,313.00 12,313.00 12,758.45 194.96 103.62 - 445.45
100-5212-20-01 Building Supplies 900.00 900.00 479.11 53.23 420.89
100-5214-20-01 Tactical Supplies 31,009.00 31,009.00 37,013.46 5,208.95 119.36 - 6,004.46
100-5215-20-01 Ammunition 24,204.00 24,204.00 18,153.34 4,834.54 4,519.85 75.00 1,530.81
Item 5b
26
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
100-5220-20-01 Office Equipment 4,060.00 4,060.00 2,688.10 337.98 66.21 1,033.92
100-5230-20-01 Dues,Fees,& Subscriptions 9,700.00 9,700.00 5,893.76 318.99 60.76 3,806.24
100-5240-20-01 Postage and Delivery 750.00 750.00 613.39 114.91 81.79 136.61
100-5250-20-01 Publications 400.00 400.00 400.00
100-5265-20-01 Promotional Expense 1,000.00 1,000.00 1,000.00
100-5280-20-01 Printing and Reproduction 500.00 500.00 725.72 145.14 - 225.72
100-5310-20-01 Rental Expense 4,200.00 4,200.00 2,664.10 324.90 63.43 1,535.90
100-5330-20-01 Copier Expense 2,060.00 2,060.00 898.45 139.28 43.61 1,161.55
100-5335-20-01 Radio/Video Repairs 500.00 500.00 500.00
100-5340-20-01 Building Repairs 2,000.00 2,000.00 2,000.00
100-5350-20-01 Vehicle Expense 92,000.00 92,000.00 23,064.05 2,482.91 25.07 68,935.95
100-5352-20-01 Fuel 54,000.00 54,000.00 18,971.59 471.53 35.13 35,028.41
100-5353-20-01 Oil/Grease/Inspections 3,500.00 3,500.00 50.75 16.25 1.45 3,449.25
100-5400-20-01 Uniform Expense 20,300.00 20,300.00 20,912.74 6,487.55 103.02 - 612.74
100-5410-20-01 Professional Services 91,600.00 91,600.00 - 661.00 - 0.72 92,261.00
100-5415-20-01 Tution Reimbursement 5,000.00 5,000.00 382.00 382.00 7.64 4,618.00
100-5418-20-01 IT Fees 1,000.00 1,000.00 1,000.00 100.00
100-5419-20-01 IT Licenses 1,000.00 1,000.00 1,000.00
100-5430-20-01 Legal Fees 7,550.00 7,550.00 8,142.00 3,115.00 107.84 - 592.00
100-5435-20-01 Legal Notices/Filings 69.20 - 69.20
100-5480-20-01 Contracted Services 27,824.00 27,824.00 13,038.91 1,728.04 46.86 14,785.09
100-5520-20-01 Telephones 8,310.00 8,310.00 1,893.92 434.64 22.79 6,416.08
100-5521-20-01 Cell Phone Expense 600.00 600.00 600.00
100-5524-20-01 Gas 400.00 400.00 400.00
100-5525-20-01 Electricity 10,000.00 10,000.00 4,693.76 834.66 46.94 5,306.24
100-5526-20-01 Data Network 13,760.00 13,760.00 3,516.72 701.10 25.56 10,243.28
100-5530-20-01 Travel 6,450.00 6,450.00 1,257.79 19.50 5,192.21
100-5533-20-01 Mileage Expense 500.00 500.00 62.10 12.42 437.90
100-5536-20-01 Training/Seminars 16,000.00 16,000.00 13,354.82 4,291.85 83.47 2,645.18
100-5600-20-01 Special Events 4,000.00 4,000.00 199.91 5.00 3,800.09
100-5630-20-01 Safety Equipment 23,100.00 23,100.00 12,484.31 528.11 54.05 10,615.69
100-5640-20-01 Signs & Hardware 500.00 500.00 500.00
100-6140-20-01 Capital Expense-Equipment 81,200.00 81,200.00 78,705.24 96.93 2,494.76
100-6160-20-01 Capital Expense-Vehicles 180,000.00 180,000.00 29,172.75 29,172.75 150,267.96 16.21 559.29
100-5110-20-05 Salaries & Wages 409,992.00 12,747.44 422,739.44 184,126.69 43,481.77 43.56 238,612.75
100-5115-20-05 Salaries - Overtime 10,545.00 10,545.00 5,694.21 1,591.92 54.00 4,850.79
100-5127-20-05 Salaries-Certification Pay 11,280.00 11,280.00 5,895.86 1,594.52 52.27 5,384.14
100-5140-20-05 Salaries - Longevity Pay 1,875.00 1,875.00 1,725.00 92.00 150.00
100-5145-20-05 Social Security Expense 26,840.00 26,840.00 11,705.16 2,796.16 43.61 15,134.84
100-5150-20-05 Medicare Expense 6,277.00 6,277.00 2,737.49 653.94 43.61 3,539.51
100-5155-20-05 SUTA Expense 1,539.00 1,539.00 1,344.19 196.03 87.34 194.81
100-5160-20-05 Health/Dental Insurance 40,164.00 40,164.00 22,425.18 3,473.24 55.83 17,738.82
100-5165-20-05 Dental Insurance 3,192.00 3,192.00 1,641.00 273.50 51.41 1,551.00
Item 5b
27
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
100-5170-20-05 Life Insurance 827.00 827.00 402.24 75.04 48.64 424.76
100-5175-20-05 Liability (TML)/Workers' Comp 860.00 860.00 197.23 46.46 22.93 662.77
100-5180-20-05 TMRS Expense 58,126.00 58,126.00 25,784.31 6,312.27 44.36 32,341.69
100-5185-20-05 Long/Short Term Disability 754.00 754.00 311.20 49.32 41.27 442.80
100-5186-20-05 WELLE-Wellness Prog Reimb Empl 3,000.00 3,000.00 1,436.18 228.32 47.87 1,563.82
100-5191-20-05 Hiring Cost 100.00 100.00 100.00
100-5192-20-05 Physical & Psychological 1,000.00 1,000.00 1,000.00
100-5210-20-05 Supplies 5,463.00 5,463.00 1,940.28 35.52 3,522.72
100-5212-20-05 Building Supplies 1,500.00 1,500.00 1,500.00
100-5220-20-05 Office Equipment 1,500.00 1,500.00 1,500.00
100-5230-20-05 Dues,Fees,& Subscriptions 1,000.00 1,000.00 570.04 13.99 57.00 429.96
100-5240-20-05 Postage and Delivery 100.00 100.00 31.54 31.54 68.46
100-5250-20-05 Publications 100.00 100.00 100.00
100-5280-20-05 Printing and Reproduction 100.00 100.00 100.00
100-5320-20-05 Repairs & Maintenance 35.94 - 35.94
100-5330-20-05 Copier Expense 500.00 500.00 278.02 51.13 55.60 221.98
100-5340-20-05 Building Repairs 3,000.00 3,000.00 698.50 23.28 2,301.50
100-5350-20-05 Vehicle Expense - 85.99
100-5400-20-05 Uniform Expense 1,500.00 1,500.00 1,500.00
100-5430-20-05 Legal Fees 500.00 500.00 500.00
100-5480-20-05 Contracted Services 176,849.00 176,849.00 146,548.76 24,671.92 82.87 5,628.32
100-5520-20-05 Telephones 2,499.00 2,499.00 326.69 73.33 13.07 2,172.31
100-5524-20-05 Gas 300.00 300.00 552.17 95.74 184.06 - 252.17
100-5526-20-05 Data Network 254.61 254.61 - 254.61
100-5530-20-05 Travel 1,000.00 1,000.00 1,000.00
100-5533-20-05 Mileage Expense 500.00 500.00 500.00
100-5536-20-05 Training/Seminars 350.00 - 350.00
100-5600-20-05 Special Events 500.00 500.00 500.00
100-5620-20-05 Tools & Equipment 438.81 - 438.81
100-5110-30-01 Salaries & Wages 2,549,515.00 282,311.48 2,831,826.48 1,108,583.87 272,747.57 39.15 1,723,242.61
100-5115-30-01 Salaries - Overtime 319,972.00 319,972.00 215,369.57 28,411.75 67.31 104,602.43
100-5126-30-01 Salaries-Vacation Buy-Out 6,574.00 6,574.00 4,658.00 70.86 1,916.00
100-5127-30-01 Salaries-Certification Pay 32,280.00 32,280.00 12,182.18 3,504.86 37.74 20,097.82
100-5140-30-01 Salaries - Longevity Pay 12,105.00 12,105.00 10,070.00 83.19 2,035.00
100-5143-30-01 Cell Phone Allowance 5,820.00 5,820.00 2,400.00 400.00 41.24 3,420.00
100-5145-30-01 Social Security Expense 179,454.00 179,454.00 79,379.63 18,138.27 44.23 100,074.37
100-5150-30-01 Medicare Expense 42,365.00 42,365.00 18,644.80 4,241.99 44.01 23,720.20
100-5155-30-01 SUTA Expense 7,524.00 7,524.00 6,830.12 242.31 90.78 693.88
100-5160-30-01 Health/Dental Insurance 244,033.00 244,033.00 118,103.80 18,285.16 48.40 125,929.20
100-5165-30-01 Dental Insurance 14,490.00 14,490.00 5,825.90 1,022.38 40.21 8,664.10
100-5170-30-01 Life Insurance 9,733.00 9,733.00 5,106.15 970.30 52.46 4,626.85
100-5171-30-01 Life Insurance-Supplemental 8,000.00 8,000.00 7,471.00 93.39 529.00
100-5175-30-01 Liability (TML)/Workers' Comp 38,222.00 38,222.00 40,444.74 9,303.37 105.82 - 2,222.74
Item 5b
28
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
100-5180-30-01 TMRS Expense 371,292.00 371,292.00 168,773.98 39,172.90 45.46 202,518.02
100-5185-30-01 Long/Short Term Disability 4,410.00 4,410.00 1,712.74 299.41 38.84 2,697.26
100-5186-30-01 WELLE-Wellness Prog Reimb Empl 7,050.00 7,050.00 2,043.16 306.64 28.98 5,006.84
100-5190-30-01 Contract Labor 1,440.00 1,440.00 1,440.00
100-5191-30-01 Hiring Cost 1,000.00 1,000.00 1,000.00
100-5194-30-01 FD Annual Phy & Screening 32,900.00 32,900.00 11,253.00 6,611.00 34.20 21,647.00
100-5210-30-01 Supplies 10,321.00 10,321.00 3,961.02 671.40 38.38 6,359.98
100-5212-30-01 Building Supplies 12,000.00 12,000.00 3,376.29 1,348.99 28.14 8,623.71
100-5220-30-01 Office Equipment 1,350.00 1,350.00 3,368.03 1,326.85 249.48 - 2,018.03
100-5230-30-01 Dues,Fees,& Subscriptions 6,250.00 6,250.00 4,547.65 239.00 72.76 1,702.35
100-5240-30-01 Postage and Delivery 250.00 250.00 172.73 10.55 69.09 77.27
100-5250-30-01 Publications 700.00 700.00 700.00
100-5280-30-01 Printing and Reproduction 1,900.00 1,900.00 1,900.00
100-5320-30-01 Repairs & Maintenance 18,000.00 18,000.00 5,389.15 269.54 29.94 12,610.85
100-5330-30-01 Copier Expense 3,613.00 3,613.00 1,048.17 230.28 29.01 2,564.83
100-5335-30-01 Radio/Video Equip. and Repairs 6,000.00 6,000.00 1,655.00 1,260.00 27.58 4,345.00
100-5340-30-01 Building Repairs 26,517.00 26,517.00 1,164.39 128.86 4.39 25,352.61
100-5350-30-01 Vehicle Expense 45,000.00 45,000.00 8,735.45 2,715.93 19.41 36,264.55
100-5352-30-01 Fuel 20,000.00 20,000.00 8,110.03 704.17 40.55 11,889.97
100-5353-30-01 Oil/Grease/Inspections 100.25 32.50 - 100.25
100-5400-30-01 Uniform Expense 33,500.00 33,500.00 13,422.62 12,526.81 568.29 40.07 19,509.09
100-5410-30-01 Professional Services 7,500.00 7,500.00 3,502.62 46.70 3,997.38
100-5430-30-01 Legal Fees 2,000.00 2,000.00 1,045.00 741.00 52.25 955.00
100-5440-30-01 EMS 96,407.00 96,407.00 28,242.56 4,162.49 17,093.59 29.30 51,070.85
100-5445-30-01 Emergency Management 20,000.00 20,000.00 4,720.28 - 1,500.00 23.60 15,279.72
100-5480-30-01 Contracted Services 12,730.00 12,730.00 5,084.84 292.70 39.94 7,645.16
100-5520-30-01 Telephones 1,525.00 1,525.00 747.90 124.68 49.04 777.10
100-5521-30-01 Cell Phone Expense 1,620.00 1,620.00 1,620.00
100-5524-30-01 Gas 13,000.00 13,000.00 1,893.64 174.44 14.57 11,106.36
100-5525-30-01 Electricity 50,000.00 50,000.00 12,955.31 1,964.80 25.91 37,044.69
100-5526-30-01 Data Network 9,282.00 9,282.00 3,089.16 538.75 33.28 6,192.84
100-5530-30-01 Travel 3,000.00 3,000.00 497.14 16.57 2,502.86
100-5533-30-01 Mileage Expense 1,500.00 1,500.00 254.66 16.98 1,245.34
100-5536-30-01 Training/Seminars 20,175.00 20,175.00 8,412.85 2,178.02 41.70 11,762.15
100-5610-30-01 Fire Fighting Equipment 20,000.00 20,000.00 1,876.00 9.38 18,124.00
100-5630-30-01 Safety Equipment 31,000.00 31,000.00 4,785.08 2,091.21 15.44 26,214.92
100-6140-30-01 Capital Expense-Equipment 8,800.00 8,800.00 8,876.18 8,876.18 100.87 - 76.18
100-6160-30-01 Capital Expense-Vehicles 49,626.00 49,626.00 48,692.92 48,692.92 - 28.88 98.12 961.96
100-5110-30-05 Salaries & Wages 141,865.00 21,310.17 163,175.17 74,214.59 19,174.40 45.48 88,960.58
100-5115-30-05 Salaries - Overtime 22,904.00 22,904.00 3,327.10 430.58 14.53 19,576.90
100-5126-30-05 Salaries-Vacation Buy-Out 1,772.00 1,772.00 1,772.00
100-5140-30-05 Salaries - Longevity Pay 755.00 755.00 750.00 99.34 5.00
100-5143-30-05 Cell Phone Allowance 1,740.00 1,740.00 825.00 150.00 47.41 915.00
Item 5b
29
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
100-5145-30-05 Social Security Expense 10,522.00 10,522.00 4,501.67 1,154.47 42.78 6,020.33
100-5150-30-05 Medicare Expense 2,461.00 2,461.00 1,052.78 270.00 42.78 1,408.22
100-5155-30-05 SUTA Expense 342.00 342.00 519.02 151.76 - 177.02
100-5160-30-05 Health/Dental Insurance 15,514.00 15,514.00 7,085.78 1,300.36 45.67 8,428.22
100-5165-30-05 Dental Insurance 925.00 925.00 402.42 72.54 43.51 522.58
100-5170-30-05 Life Insurance 464.00 464.00 312.81 63.66 67.42 151.19
100-5175-30-05 Liability (TML)/Workers' Comp 2,138.00 2,138.00 1,667.12 401.02 77.98 470.88
100-5180-30-05 TMRS Expense 22,797.00 22,797.00 10,317.61 2,665.76 45.26 12,479.39
100-5185-30-05 Long/Short Term Disability 301.00 301.00 127.55 23.06 42.38 173.45
100-5186-30-05 WELLE-Wellness Prog Reimb Empl 1,200.00 1,200.00 300.00 50.00 25.00 900.00
100-5191-30-05 Hiring Cost 100.00 100.00 100.00
100-5193-30-05 Records Retention 250.00 250.00 250.00
100-5194-30-05 FD Annual Phy & Screening 1,614.00 1,614.00 1,614.00
100-5210-30-05 Supplies 250.00 250.00 246.18 0.14 98.47 3.82
100-5215-30-05 Ammunition 1,250.00 1,250.00 1,134.17 778.99 90.73 115.83
100-5220-30-05 Office Equipment 4,355.00 4,355.00 1,985.52 9.78 45.59 2,369.48
100-5230-30-05 Dues,Fees,& Subscriptions 350.00 350.00 215.00 20.00 61.43 135.00
100-5240-30-05 Postage and Delivery 60.00 60.00 60.00
100-5250-30-05 Publications 1,300.00 1,300.00 71.02 71.02 5.46 1,228.98
100-5260-30-05 Advertising 3,000.00 3,000.00 3,000.00
100-5280-30-05 Printing and Reproduction 500.00 500.00 251.56 146.26 50.31 248.44
100-5335-30-05 Radio/Video Equip. and Repairs 4,500.00 4,500.00 4,680.00 104.00 - 180.00
100-5350-30-05 Vehicle Expense 800.00 800.00 461.04 415.50 57.63 338.96
100-5352-30-05 Fuel 4,000.00 4,000.00 322.92 34.40 8.07 3,677.08
100-5353-30-05 Oil/Grease/Inspections 750.00 750.00 750.00
100-5400-30-05 Uniform Expense 2,690.00 2,690.00 349.07 263.57 12.98 2,340.93
100-5418-30-05 IT Fees 360.00 360.00 360.00
100-5419-30-05 IT Licenses 150.00 150.00 150.00
100-5430-30-05 Legal Fees 2,500.00 2,500.00 2,500.00
100-5480-30-05 Contracted Services 2,000.00 2,000.00 2,000.00
100-5520-30-05 Telephones 765.00 765.00 765.00
100-5521-30-05 Cell Phone Expense 250.00 250.00 250.00
100-5526-30-05 Data Network 1,440.00 1,440.00 627.28 110.97 43.56 812.72
100-5530-30-05 Travel 1,000.00 1,000.00 1,000.00
100-5533-30-05 Mileage Expense 750.00 750.00 584.77 11.24 77.97 165.23
100-5536-30-05 Training/Seminars 4,700.00 4,700.00 307.31 6.54 4,392.69
100-5620-30-05 Tools & Equipment 450.00 450.00 450.00
100-5630-30-05 Safety Equipment 4,100.00 4,100.00 2,128.37 51.91 1,971.63
100-5640-30-05 Signs & Hardware 1,250.00 1,250.00 1,250.00
100-6160-30-05 Capital Expense-Vehicles 41,000.00 41,000.00 39,098.27 1,901.73
100-5110-40-01 Salaries & Wages 741,065.00 9,643.14 750,708.14 373,015.19 87,939.10 49.69 377,692.95
100-5115-40-01 Salaries - Overtime 42,831.00 42,831.00 2,148.44 5.02 40,682.56
100-5126-40-01 Salaries-Vacation Buy-Out 3,640.00 3,640.00 3,640.00
Item 5b
30
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
100-5140-40-01 Salaries - Longevity Pay 2,180.00 2,180.00 1,960.00 89.91 220.00
100-5143-40-01 Cell Phone Allowance 3,120.00 3,120.00 1,560.00 260.00 50.00 1,560.00
100-5145-40-01 Social Security Expense 49,245.00 49,245.00 21,630.80 5,154.69 43.93 27,614.20
100-5150-40-01 Medicare Expense 11,517.00 11,517.00 5,058.84 1,205.55 43.93 6,458.16
100-5155-40-01 SUTA Expense 2,223.00 2,223.00 2,170.60 126.04 97.64 52.40
100-5160-40-01 Health/Dental Insurance 69,428.00 69,428.00 41,091.60 6,758.18 59.19 28,336.40
100-5165-40-01 Dental Insurance 4,692.00 4,692.00 2,352.48 392.26 50.14 2,339.52
100-5170-40-01 Life Insurance 1,195.00 1,195.00 653.64 121.94 54.70 541.36
100-5175-40-01 Liability (TML)/Workers' Comp 3,003.00 3,003.00 84.43 19.61 2.81 2,918.57
100-5180-40-01 TMRS Expense 106,638.00 106,638.00 49,060.16 11,871.61 46.01 57,577.84
100-5185-40-01 Long/Short Term Disability 1,367.00 1,367.00 644.79 109.15 47.17 722.21
100-5210-40-01 Supplies 7,800.00 7,800.00 1,200.01 15.39 6,599.99
100-5212-40-01 Building Supplies 2,200.00 2,200.00 1,398.20 176.11 63.56 801.80
100-5220-40-01 Office Equipment 9,100.00 9,100.00 1,045.98 100.84 11.49 8,054.02
100-5230-40-01 Dues,Fees,& Subscriptions 64,721.00 64,721.00 64,025.50 98.93 695.50
100-5240-40-01 Postage and Delivery 50.00 50.00 15.60 31.20 34.40
100-5250-40-01 Publications 2,000.00 2,000.00 2,000.00
100-5280-40-01 Printing and Reproduction 1,000.00 1,000.00 227.27 81.01 22.73 772.73
100-5310-40-01 Rental Expense 3,372.00 3,372.00 1,966.30 280.90 1,404.50 58.31 1.20
100-5330-40-01 Copier Expense 3,485.00 3,485.00 832.91 122.96 23.90 2,652.09
100-5340-40-01 Building Repairs 12,000.00 12,000.00 1,242.75 10.36 10,757.25
100-5350-40-01 Vehicle Expense 3,500.00 3,500.00 268.41 7.67 3,231.59
100-5352-40-01 Fuel 9,000.00 9,000.00 2,296.48 421.53 25.52 6,703.52
100-5353-40-01 Oil/Grease/Inspections 938.00 938.00 152.81 42.38 16.29 785.19
100-5400-40-01 Uniform Expense 3,250.00 3,250.00 3,250.00
100-5410-40-01 Professional Services 250,000.00 250,000.00 163,403.90 87,496.10 65.36 - 900.00
100-5418-40-01 IT Fees 1,000.00 1,000.00 1,000.00
100-5430-40-01 Legal Fees 500.00 500.00 342.00 285.00 68.40 158.00
100-5465-40-01 Public Relations 500.00 500.00 500.00
100-5475-40-01 Credit Card Fees 10,000.00 10,000.00 7,823.42 708.06 78.23 2,176.58
100-5480-40-01 Contracted Services 4,400.00 4,400.00 1,400.00 260.00 31.82 3,000.00
100-5520-40-01 Telephones 3,100.00 3,100.00 308.64 51.42 9.96 2,791.36
100-5525-40-01 Electricity 9,600.00 9,600.00 516.61 86.54 5.38 9,083.39
100-5526-40-01 Data Network 3,648.00 3,648.00 1,823.52 303.92 49.99 1,824.48
100-5530-40-01 Travel 5,000.00 5,000.00 1,189.94 1,152.28 23.80 3,810.06
100-5533-40-01 Mileage Expense 2,400.00 2,400.00 29.21 1.22 2,370.79
100-5536-40-01 Training/Seminars 12,860.00 12,860.00 2,126.04 820.00 16.53 10,733.96
100-5620-40-01 Tools & Equipment 1,000.00 1,000.00 555.17 55.52 444.83
100-5630-40-01 Safety Equipment 1,500.00 1,500.00 1,193.04 987.04 79.54 306.96
100-5640-40-01 Signs & Hardware 4,561.00 4,561.00 2,078.98 45.58 2,482.02
100-5110-40-02 Salaries & Wages 51,995.00 4,994.81 56,989.81 25,764.01 6,057.60 45.21 31,225.80
100-5115-40-02 Salaries - Overtime 828.00 828.00 50.00 50.00 6.04 778.00
100-5126-40-02 Salaries-Vacation Buy-Out 1,942.00 1,942.00 1,942.00
Item 5b
31
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
100-5140-40-02 Salaries - Longevity Pay 390.00 390.00 385.00 98.72 5.00
100-5145-40-02 Social Security Expense 3,421.00 3,421.00 1,424.61 345.38 41.64 1,996.39
100-5150-40-02 Medicare Expense 801.00 801.00 333.18 80.78 41.60 467.82
100-5155-40-02 SUTA Expense 171.00 171.00 171.00 19.53 100.00
100-5160-40-02 Health/Dental Insurance 4,944.00 4,944.00 4,184.88 728.46 84.65 759.12
100-5165-40-02 Dental Insurance 433.00 433.00 206.64 34.44 47.72 226.36
100-5170-40-02 Life Insurance 92.00 92.00 50.28 9.38 54.65 41.72
100-5175-40-02 Liability (TML)/Workers' Comp 248.00 248.00 248.00
100-5180-40-02 TMRS Expense 7,412.00 7,412.00 3,394.17 822.09 45.79 4,017.83
100-5185-40-02 Long/Short Term Disability 96.00 96.00 45.07 7.60 46.95 50.93
100-5210-40-02 Supplies 500.00 500.00 135.78 27.16 364.22
100-5230-40-02 Dues,Fees,& Subscriptions 370.00 370.00 160.00 43.24 210.00
100-5240-40-02 Postage and Delivery 375.00 375.00 166.08 61.93 44.29 208.92
100-5280-40-02 Printing and Reproduction 700.00 700.00 700.00
100-5350-40-02 Vehicle Expense 1,500.00 1,500.00 678.57 678.57 45.24 821.43
100-5352-40-02 Fuel 700.00 700.00 358.21 51.17 341.79
100-5353-40-02 Oil/Grease/Inspections 100.00 100.00 26.36 26.36 73.64
100-5400-40-02 Uniform Expense 200.00 200.00 200.00
100-5430-40-02 Legal Fees 500.00 500.00 1,255.03 92.03 251.01 - 755.03
100-5435-40-02 Legal Notices/Filings 400.00 400.00 400.00
100-5480-40-02 Contracted Services 116,340.00 116,340.00 36,933.50 1,575.00 66,343.50 31.75 13,063.00
100-5520-40-02 Telephones 255.00 255.00 92.60 15.58 36.31 162.40
100-5526-40-02 Data Network 456.00 456.00 227.94 37.99 49.99 228.06
100-5533-40-02 Mileage Expense 250.00 250.00 105.07 42.03 144.93
100-5536-40-02 Training/Seminars 390.00 390.00 757.24 313.95 194.16 - 367.24
100-5600-40-02 Special Events 250.00 250.00 227.14 90.86 22.86
100-5620-40-02 Tools & Equipment 200.00 200.00 200.00
100-5640-40-02 Signs & Hardware 1,600.00 1,600.00 1,084.62 67.79 515.38
100-5110-40-03 Salaries & Wages 285,036.00 34,428.70 319,464.70 145,869.10 36,432.94 45.66 173,595.60
100-5115-40-03 Salaries - Overtime 1,219.00 1,219.00 1,272.27 347.16 104.37 - 53.27
100-5126-40-03 Salaries-Vacation Buy-Out 6,502.00 6,502.00 1,165.13 17.92 5,336.87
100-5140-40-03 Salaries - Longevity Pay 995.00 995.00 995.00 100.00
100-5143-40-03 Cell Phone Allowance 2,520.00 2,520.00 1,230.00 180.00 48.81 1,290.00
100-5145-40-03 Social Security Expense 18,379.00 18,379.00 8,780.18 2,196.79 47.77 9,598.82
100-5150-40-03 Medicare Expense 4,298.00 4,298.00 2,053.44 513.77 47.78 2,244.56
100-5155-40-03 SUTA Expense 684.00 684.00 684.00 34.07 100.00
100-5160-40-03 Health/Dental Insurance 36,214.00 36,214.00 19,511.64 2,381.62 53.88 16,702.36
100-5165-40-03 Dental Insurance 1,878.00 1,878.00 813.30 108.50 43.31 1,064.70
100-5170-40-03 Life Insurance 510.00 510.00 209.65 30.75 41.11 300.35
100-5175-40-03 Liability (TML)/Workers' Comp 889.00 889.00 86.31 16.06 9.71 802.69
100-5180-40-03 TMRS Expense 39,805.00 39,805.00 19,614.46 4,988.29 49.28 20,190.54
100-5185-40-03 Long/Short Term Disability 526.00 526.00 242.40 34.42 46.08 283.60
100-5186-40-03 WELLE-Wellness Prog Reimb Empl 1,800.00 1,800.00 770.80 100.00 42.82 1,029.20
Item 5b
32
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
100-5210-40-03 Supplies 4,000.00 4,000.00 639.80 82.28 16.00 3,360.20
100-5212-40-03 Building Supplies 1,000.00 1,000.00 574.23 88.06 57.42 425.77
100-5220-40-03 Office Equipment 3,600.00 3,600.00 2,123.12 58.98 1,476.88
100-5230-40-03 Dues,Fees,& Subscriptions 2,435.00 2,435.00 1,595.34 1,080.00 65.52 839.66
100-5240-40-03 Postage and Delivery 500.00 500.00 185.37 14.72 37.07 314.63
100-5280-40-03 Printing and Reproduction 300.00 300.00 445.37 148.46 - 145.37
100-5290-40-03 Other Charges and Services 22.98 - 22.98
100-5330-40-03 Copier Expense 900.00 900.00 924.24 188.10 102.69 - 24.24
100-5340-40-03 Building Repairs 500.00 500.00 500.00
100-5352-40-03 Fuel 200.00 200.00 40.74 16.12 20.37 159.26
100-5400-40-03 Uniform Expense 300.00 300.00 300.00
100-5410-40-03 Professional Services 80,710.00 25,000.00 105,710.00 56,723.74 13,795.50 23,458.26 53.66 25,528.00
100-5415-40-03 Tution Reimbursement 294.29 - 294.29
100-5418-40-03 IT Fees 2,000.00 2,000.00 1,200.00 60.00 800.00
100-5430-40-03 Legal Fees 32,000.00 32,000.00 5,510.00 3,781.00 17.22 26,490.00
100-5435-40-03 Legal Notices/Filings 250.00 250.00 - 46.04 - 46.04 - 18.42 296.04
100-5480-40-03 Contracted Services 4,100.00 4,100.00 1,040.00 200.00 25.37 3,060.00
100-5526-40-03 Data Network 1,800.00 1,800.00 679.45 135.89 37.75 1,120.55
100-5530-40-03 Travel 3,860.00 3,860.00 1,246.67 148.34 32.30 2,613.33
100-5533-40-03 Mileage Expense 2,280.00 2,280.00 503.17 22.07 1,776.83
100-5536-40-03 Training/Seminars 3,600.00 3,600.00 1,021.93 35.00 28.39 2,578.07
100-5110-50-01 Salaries & Wages 156,768.00 7,345.02 164,113.02 70,324.04 19,477.21 42.85 93,788.98
100-5115-50-01 Salaries - Overtime 4,920.00 4,920.00 1,475.19 797.24 29.98 3,444.81
100-5140-50-01 Salaries - Longevity Pay 1,555.00 1,555.00 1,555.00 100.00
100-5145-50-01 Social Security Expense 10,133.00 10,133.00 4,275.17 1,185.00 42.19 5,857.83
100-5150-50-01 Medicare Expense 2,370.00 2,370.00 999.85 277.15 42.19 1,370.15
100-5155-50-01 SUTA Expense 513.00 513.00 374.09 51.82 72.92 138.91
100-5160-50-01 Health/Dental Insurance 26,890.00 26,890.00 10,216.25 2,229.02 37.99 16,673.75
100-5165-50-01 Dental Insurance 1,362.00 1,362.00 498.06 107.50 36.57 863.94
100-5170-50-01 Life Insurance 275.00 275.00 121.76 28.14 44.28 153.24
100-5175-50-01 Liability (TML)/Workers' Comp 7,519.00 7,519.00 6,980.97 1,698.96 92.84 538.03
100-5180-50-01 TMRS Expense 21,944.00 21,944.00 9,525.93 2,735.67 43.41 12,418.07
100-5185-50-01 Long/Short Term Disability 289.00 289.00 117.40 23.40 40.62 171.60
100-5186-50-01 WELLE-Wellness Prog Reimb Empl 150.00 50.00 - 150.00
100-5210-50-01 Supplies 300.00 300.00 300.00
100-5220-50-01 Office Equipment 1,500.00 1,500.00 1,500.00
100-5230-50-01 Dues,Fees,& Subscriptions 500.00 500.00 500.00
100-5250-50-01 Publications 50.00 50.00 50.00
100-5310-50-01 Rental Expense 13,000.00 13,000.00 11,761.98 2,999.00 90.48 1,238.02
100-5320-50-01 Repairs & Maintenance 4,000.00 4,000.00 4,080.06 4,045.00 102.00 - 80.06
100-5321-50-01 Signal Light Repairs 16,400.00 16,400.00 160.00 0.98 16,240.00
100-5340-50-01 Building Repairs 2,500.00 2,500.00 288.72 11.55 2,211.28
100-5350-50-01 Vehicle Expense 6,500.00 6,500.00 10,875.46 984.73 167.32 - 4,375.46
Item 5b
33
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
100-5352-50-01 Fuel 3,600.00 3,600.00 2,113.92 365.37 58.72 1,486.08
100-5353-50-01 Oil/Grease/Inspections 200.00 200.00 119.22 93.51 59.61 80.78
100-5400-50-01 Uniform Expense 3,600.00 3,600.00 666.36 184.94 18.51 2,933.64
100-5430-50-01 Legal Fees 4,000.00 4,000.00 2,745.79 1,463.00 68.65 1,254.21
100-5480-50-01 Contracted Services 212,652.00 45,000.00 257,652.00 19,740.19 144.86 51,758.38 7.66 186,153.43
100-5520-50-01 Telephones 1,780.00 1,780.00 485.39 129.46 27.27 1,294.61
100-5525-50-01 Electricity 177,388.00 177,388.00 85,081.97 16,465.59 47.96 92,306.03
100-5526-50-01 Data Network 100.00 100.00 43.91 7.00 43.91 56.09
100-5530-50-01 Travel 800.00 800.00 800.00
100-5536-50-01 Training/Seminars 1,400.00 1,400.00 871.29 62.24 528.71
100-5620-50-01 Tools & Equipment 3,000.00 3,000.00 1,099.98 36.67 1,900.02
100-5630-50-01 Safety Equipment 3,100.00 3,100.00 496.45 129.99 16.02 2,603.55
100-5640-50-01 Signs & Hardware 25,000.00 25,000.00 9,768.08 39.07 15,231.92
100-5650-50-01 Maintenance Materials 65,000.00 65,000.00 39,620.98 10,123.32 23,232.05 60.96 2,146.97
100-6110-50-01 Capital Expenditure 1,425,000.00 - 975,000.00 450,000.00 35,300.00 414,700.00
100-7100-50-01 Operating Transfer Out 1,265,000.00 975,000.00 2,240,000.00 1,120,000.02 186,666.67 50.00 1,119,999.98
100-5110-60-01 Salaries & Wages 246,641.00 7,580.24 254,221.24 119,338.79 33,385.46 46.94 134,882.45
100-5115-60-01 Salaries - Overtime 4,250.00 4,250.00 799.08 520.49 18.80 3,450.92
100-5126-60-01 Salaries-Vacation Buy-Out 3,059.00 3,059.00 3,059.00
100-5140-60-01 Salaries - Longevity Pay 550.00 550.00 280.00 50.91 270.00
100-5143-60-01 Cell Phone Allowance 360.00 360.00 705.00 155.00 195.83 - 345.00
100-5145-60-01 Social Security Expense 15,810.00 15,810.00 7,192.13 2,033.94 45.49 8,617.87
100-5150-60-01 Medicare Expense 3,698.00 3,698.00 1,682.03 475.68 45.49 2,015.97
100-5155-60-01 SUTA Expense 684.00 684.00 770.47 60.34 112.64 - 86.47
100-5160-60-01 Health/Dental Insurance 29,571.00 29,571.00 13,692.78 2,269.84 46.31 15,878.22
100-5165-60-01 Dental Insurance 1,860.00 1,860.00 718.44 139.60 38.63 1,141.56
100-5170-60-01 Life Insurance 368.00 368.00 181.42 37.52 49.30 186.58
100-5175-60-01 Liability (TML)/Workers' Comp 511.00 511.00 1,432.96 525.49 280.42 - 921.96
100-5180-60-01 TMRS Expense 34,242.00 34,242.00 15,908.55 4,596.60 46.46 18,333.45
100-5185-60-01 Long/Short Term Disability 455.00 455.00 204.58 41.92 44.96 250.42
100-5186-60-01 WELLE-Wellness Prog Reimb Empl 1,800.00 1,800.00 534.96 89.16 29.72 1,265.04
100-5191-60-01 Hiring Cost 79.38 - 79.38
100-5210-60-01 Supplies 3,005.00 3,005.00 528.51 17.59 2,476.49
100-5212-60-01 Building Supplies 650.00 650.00 76.67 11.80 573.33
100-5220-60-01 Office Equipment 4,910.00 4,910.00 407.67 8.30 4,502.33
100-5230-60-01 Dues,Fees,& Subscriptions 2,944.00 2,944.00 107.62 3.66 2,836.38
100-5240-60-01 Postage and Delivery 2.55 - 2.55
100-5330-60-01 Copier Expense 2,060.00 2,060.00 1,076.83 240.96 52.27 983.17
100-5340-60-01 Building Repairs 71.75 - 71.75
100-5400-60-01 Uniform Expense 400.00 400.00 400.00
100-5410-60-01 Professional Services 68,760.00 68,760.00 1,500.00 275.00 52,400.00 2.18 14,860.00
100-5418-60-01 IT Fees 1,780.00 1,780.00 1,780.00
100-5430-60-01 Legal Fees 5,000.00 5,000.00 6,460.00 323.00 129.20 - 1,460.00
Item 5b
34
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
100-5435-60-01 Legal Notices/Filings 233.60 - 233.60
100-5480-60-01 Contracted Services 1,600.00 1,600.00 780.00 150.00 48.75 820.00
100-5520-60-01 Telephones 2,693.00 2,693.00 163.63 34.99 6.08 2,529.37
100-5530-60-01 Travel 4,400.00 4,400.00 757.27 17.21 3,642.73
100-5533-60-01 Mileage Expense 2,400.00 2,400.00 481.63 103.05 20.07 1,918.37
100-5536-60-01 Training/Seminars 8,860.00 8,860.00 1,517.27 16.00 17.13 7,342.73
100-5110-60-02 Salaries & Wages 573,696.00 41,162.24 614,858.24 271,539.97 72,302.87 44.16 343,318.27
100-5115-60-02 Salaries - Overtime 14,708.00 14,708.00 4,148.69 1,039.14 28.21 10,559.31
100-5126-60-02 Salaries-Vacation Buy-Out 6,000.00 6,000.00 3,160.52 52.68 2,839.48
100-5140-60-02 Salaries - Longevity Pay 2,880.00 2,880.00 2,615.00 90.80 265.00
100-5143-60-02 Cell Phone Allowance 2,520.00 2,520.00 990.00 185.00 39.29 1,530.00
100-5145-60-02 Social Security Expense 36,840.00 36,840.00 16,165.35 4,323.38 43.88 20,674.65
100-5150-60-02 Medicare Expense 8,615.00 8,615.00 3,780.62 1,011.13 43.88 4,834.38
100-5155-60-02 SUTA Expense 2,565.00 2,565.00 1,909.38 362.30 74.44 655.62
100-5160-60-02 Health/Dental Insurance 127,280.00 127,280.00 64,914.57 10,982.02 51.00 62,365.43
100-5165-60-02 Dental Insurance 5,769.00 5,769.00 2,327.47 458.46 40.34 3,441.53
100-5170-60-02 Life Insurance 1,267.00 1,267.00 656.77 140.70 51.84 610.23
100-5175-60-02 Liability (TML)/Workers' Comp 10,648.00 10,648.00 11,113.08 2,842.87 104.37 - 465.08
100-5180-60-02 TMRS Expense 79,804.00 79,804.00 36,925.15 9,954.38 46.27 42,878.85
100-5185-60-02 Long/Short Term Disability 1,061.00 1,061.00 469.51 89.60 44.25 591.49
100-5186-60-02 WELLE-Wellness Prog Reimb Empl 5,700.00 5,700.00 2,138.28 428.32 37.51 3,561.72
100-5191-60-02 Hiring Cost 200.00 200.00 200.00
100-5210-60-02 Supplies 478.99 - 478.99
100-5212-60-02 Building Supplies 1,500.00 1,500.00 750.03 50.00 749.97
100-5220-60-02 Office Equipment 1,650.00 1,650.00 24.77 1.50 1,625.23
100-5230-60-02 Dues,Fees,& Subscriptions 2,536.00 2,536.00 716.00 - 329.00 28.23 1,820.00
100-5310-60-02 Rental Expense 27,000.00 27,000.00 13,140.00 13,200.00 48.67 660.00
100-5320-60-02 Repairs & Maintenance 292,745.00 - 101,030.00 191,715.00 71,269.07 21,496.57 37.17 120,445.93
100-5322-60-02 Irrigation Repairs 12,200.00 12,200.00 13,095.34 129.02 107.34 - 895.34
100-5323-60-02 Field Maintenance 50,150.00 50,150.00 24,012.05 3,840.46 22,972.50 47.88 3,165.45
100-5330-60-02 Copier Expense 237.00 237.00 96.91 21.11 40.89 140.09
100-5350-60-02 Vehicle Expense 4,500.00 4,500.00 2,218.05 1,515.23 49.29 2,281.95
100-5352-60-02 Fuel 13,920.00 13,920.00 3,844.66 928.74 27.62 10,075.34
100-5353-60-02 Oil/Grease/Inspections 1,290.00 1,290.00 846.73 109.08 65.64 443.27
100-5355-60-02 Chemicals/Fertilizer 38,680.00 38,680.00 30,474.68 4,769.00 78.79 8,205.32
100-5400-60-02 Uniform Expense 8,940.00 8,940.00 5,877.83 2,967.91 65.75 3,062.17
100-5418-60-02 IT Fees 3,195.00 3,195.00 3,195.00
100-5480-60-02 Contracted Services 358,052.00 358,052.00 60,077.20 3,418.45 113,845.70 16.78 184,129.10
100-5520-60-02 Telephones 4,165.00 4,165.00 1,708.40 287.85 41.02 2,456.60
100-5525-60-02 Electricity 160,000.00 160,000.00 45,878.36 8,406.88 28.67 114,121.64
100-5526-60-02 Data Network 227.94 37.99 - 227.94
100-5530-60-02 Travel 2,305.00 2,305.00 14.51 0.63 2,290.49
100-5533-60-02 Mileage Expense 105.00 105.00 114.27 108.83 - 9.27
Item 5b
35
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
100-5536-60-02 Training/Seminars 1,650.00 1,650.00 2,014.45 122.09 - 364.45
100-5620-60-02 Tools & Equipment 1,850.00 1,850.00 2,468.87 179.94 133.45 - 618.87
100-5630-60-02 Safety Equipment 1,190.00 1,190.00 417.52 35.09 772.48
100-5640-60-02 Signs & Hardware 6,200.00 6,200.00 6,200.00
100-6120-60-02 Capital Expense-Park Impr 120,900.00 120,900.00 10,576.00 8.75 110,324.00
100-6140-60-02 Capital Expense-Equipment 15,200.00 15,200.00 11,544.31 75.95 3,655.69
100-6160-60-02 Capital Expense-Vehicles 38,500.00 38,500.00 1,905.00 1,905.00 49,360.00 4.95 - 12,765.00
100-5110-60-03 Salaries & Wages 45,895.00 4,545.00 50,440.00 23,191.78 5,588.34 45.98 27,248.22
100-5140-60-03 Salaries - Longevity Pay 170.00 170.00 170.00 100.00
100-5145-60-03 Social Security Expense 2,856.00 2,856.00 1,275.26 321.23 44.65 1,580.74
100-5150-60-03 Medicare Expense 668.00 668.00 298.25 75.13 44.65 369.75
100-5155-60-03 SUTA Expense 171.00 171.00 170.19 34.25 99.53 0.81
100-5170-60-03 Life Insurance 92.00 92.00 50.28 9.38 54.65 41.72
100-5175-60-03 Liability (TML)/Workers' Comp 94.00 94.00 23.37 5.59 24.86 70.63
100-5180-60-03 TMRS Expense 6,186.00 6,186.00 3,028.69 752.19 48.96 3,157.31
100-5185-60-03 Long/Short Term Disability 84.00 84.00 40.28 6.84 47.95 43.72
100-5210-60-03 Supplies 66.04 - 66.04
100-5230-60-03 Dues,Fees,& Subscriptions 15.00 - 15.00
100-5240-60-03 Postage and Delivery 1,800.00 1,800.00 286.01 15.89 1,513.99
100-5260-60-03 Advertising 2,000.00 2,000.00 2,000.00
100-5280-60-03 Printing and Reproduction 2,000.00 2,000.00 686.00 34.30 1,314.00
100-5475-60-03 Credit Card Fees 1,500.00 1,500.00 703.48 96.32 46.90 796.52
100-5536-60-03 Training/Seminars 36.10 - 36.10
100-5600-60-03 Special Events 28,725.00 28,725.00 14,328.53 326.20 49.88 14,396.47
100-5995-60-03 Recreation Activities 28,000.00 28,000.00 4,660.15 317.95 16.64 23,339.85
100-5110-60-05 Salaries & Wages 126,783.00 13,584.29 140,367.29 60,621.05 14,513.54 43.19 79,746.24
100-5140-60-05 Salaries - Longevity Pay 150.00 150.00 145.00 96.67 5.00
100-5145-60-05 Social Security Expense 7,870.00 7,870.00 3,769.59 900.20 47.90 4,100.41
100-5150-60-05 Medicare Expense 1,841.00 1,841.00 881.60 210.53 47.89 959.40
100-5155-60-05 SUTA Expense 684.00 684.00 312.35 17.03 45.67 371.65
100-5160-60-05 Health/Dental Insurance 2.37 - 2.37
100-5165-60-05 Dental Insurance 0.19 - 0.19
100-5170-60-05 Life Insurance 92.00 92.00 50.33 9.38 54.71 41.67
100-5175-60-05 Liability (TML)/Workers' Comp 268.00 268.00 61.33 14.51 22.88 206.67
100-5180-60-05 TMRS Expense 13,843.00 13,843.00 6,218.78 1,559.00 44.92 7,624.22
100-5185-60-05 Long/Short Term Disability 172.00 172.00 82.99 14.18 48.25 89.01
100-5210-60-05 Supplies 4,500.00 4,500.00 1,220.76 241.29 27.13 3,279.24
100-5212-60-05 Building Supplies 100.00 100.00 100.00
100-5220-60-05 Office Equipment 3,200.00 3,200.00 3,823.36 129.99 119.48 - 623.36
100-5230-60-05 Dues,Fees,& Subscriptions 3,000.00 3,000.00 721.77 54.39 24.06 2,278.23
100-5240-60-05 Postage and Delivery 400.00 400.00 47.18 13.25 11.80 352.82
100-5260-60-05 Advertising 600.00 600.00 600.00
100-5280-60-05 Printing and Reproduction 100.00 100.00 100.00
Item 5b
36
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
100-5281-60-05 Book Purchases 24,517.00 24,517.00 13,238.91 3,767.88 6,538.55 54.00 4,739.54
100-5282-60-05 DVD Purchases 1,000.00 1,000.00 652.37 237.80 65.24 347.63
100-5283-60-05 Audiobook Purchases 800.00 800.00 158.17 41.97 19.77 641.83
100-5284-60-05 Other Collect. Item Purchases 500.00 500.00 2,073.28 414.66 - 1,573.28
100-5330-60-05 Copier Expense 900.00 900.00 260.23 66.79 28.91 639.77
100-5400-60-05 Uniform Expense 300.00 300.00 236.90 83.47 78.97 63.10
100-5430-60-05 Legal Fees 200.00 200.00 152.00 114.00 76.00 48.00
100-5480-60-05 Contracted Services 6,500.00 6,500.00 1,200.00 1,200.00 18.46 5,300.00
100-5520-60-05 Telephones 1,980.00 1,980.00 798.17 146.99 40.31 1,181.83
100-5526-60-05 Data Network 79.66 37.99 - 79.66
100-5530-60-05 Travel 3,000.00 3,000.00 1,835.68 331.90 61.19 1,164.32
100-5533-60-05 Mileage Expense 1,000.00 1,000.00 251.84 25.18 748.16
100-5536-60-05 Training/Seminars 2,000.00 2,000.00 1,032.84 145.00 51.64 967.16
100-5600-60-05 Special Events 1,000.00 1,000.00 422.74 42.27 577.26
100-5110-98-01 Salaries & Wages 552,801.00 8,865.10 561,666.10 275,367.82 66,078.55 49.03 286,298.28
100-5115-98-01 Salaries - Overtime 1,200.00 1,200.00 566.77 91.48 47.23 633.23
100-5126-98-01 Salaries-Vacation Buy-Out 12,007.00 12,007.00 6,148.58 51.21 5,858.42
100-5140-98-01 Salaries - Longevity Pay 1,350.00 1,350.00 1,260.00 93.33 90.00
100-5143-98-01 Cell Phone Allowance 900.00 900.00 900.00
100-5145-98-01 Social Security Expense 35,238.00 35,238.00 14,813.20 3,872.76 42.04 20,424.80
100-5150-98-01 Medicare Expense 8,241.00 8,241.00 3,815.92 905.72 46.30 4,425.08
100-5155-98-01 SUTA Expense 1,026.00 1,026.00 1,167.67 41.60 113.81 - 141.67
100-5160-98-01 Health/Dental Insurance 63,097.00 63,097.00 30,580.58 4,444.24 48.47 32,516.42
100-5165-98-01 Dental Insurance 2,918.00 2,918.00 1,163.40 216.56 39.87 1,754.60
100-5170-98-01 Life Insurance 733.00 733.00 333.64 61.92 45.52 399.36
100-5175-98-01 Liability (TML)/Workers' Comp 1,497.00 1,497.00 355.91 85.59 23.78 1,141.09
100-5180-98-01 TMRS Expense 76,324.00 76,324.00 36,798.80 8,919.96 48.21 39,525.20
100-5185-98-01 Long/Short Term Disability 1,020.00 1,020.00 470.97 83.14 46.17 549.03
100-5186-98-01 WELLE-Wellness Prog Reimb Empl 1,800.00 1,800.00 600.00 100.00 33.33 1,200.00
100-5210-98-01 Supplies 1,950.00 1,950.00 1,350.62 154.94 69.26 599.38
100-5212-98-01 Building Supplies 350.00 350.00 276.84 8.99 79.10 73.16
100-5220-98-01 Office Equipment 2,602.00 2,602.00 22.57 0.87 2,579.43
100-5230-98-01 Dues,Fees,& Subscriptions 1,560.00 1,560.00 10.00 0.64 1,550.00
100-5240-98-01 Postage and Delivery 260.00 260.00 100.86 14.06 38.79 159.14
100-5280-98-01 Printing and Reproduction 59.88 - 59.88
100-5320-98-01 Repairs & Maintenance 8.98 - 8.98
100-5330-98-01 Copier Expense 880.00 880.00 419.20 65.14 47.64 460.80
100-5340-98-01 Building Repairs 71.75 - 71.75
100-5350-98-01 Vehicle Expense 275.00 275.00 40.00 14.55 235.00
100-5352-98-01 Fuel 1,000.00 1,000.00 490.06 71.53 49.01 509.94
100-5353-98-01 Oil/Grease/Inspections 128.49 - 128.49
100-5400-98-01 Uniform Expense 500.00 500.00 131.92 26.38 368.08
100-5410-98-01 Professional Services 35,000.00 35,000.00 - 3,080.24 - 6,013.16 - 8.80 38,080.24
Item 5b
37
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
100-5419-98-01 IT Licenses 950.00 950.00 950.00
100-5430-98-01 Legal Fees 7,700.00 7,700.00 7,327.74 2,199.61 95.17 372.26
100-5435-98-01 Legal Notices/Filings 2,000.00 2,000.00 1,496.13 297.20 74.81 503.87
100-5480-98-01 Contracted Services 3,208.80 150.00 - 3,208.80
100-5520-98-01 Telephones 3,308.00 3,308.00 1,279.26 199.25 38.67 2,028.74
100-5524-98-01 Gas 1,000.00 1,000.00 353.55 49.52 35.36 646.45
100-5526-98-01 Data Network 227.94 37.99 - 227.94
100-5530-98-01 Travel 4,200.00 - 1,000.00 3,200.00 1,136.48 35.52 2,063.52
100-5533-98-01 Mileage Expense 1,400.00 1,400.00 586.24 123.09 41.87 813.76
100-5536-98-01 Training/Seminars 4,880.00 4,880.00 667.22 13.67 4,212.78
100-5620-98-01 Tools & Equipment 1,000.00 1,000.00 945.75 17.97 94.58 54.25
100-5630-98-01 Safety Equipment 35.95 - 35.95
150-4015-10-00 Water Impact Fees - 81,027.00 81,027.00
150-4020-10-00 Wastewater Impact Fees - 63,816.00 63,816.00
150-4040-10-00 East Thoroughfare Impact Fees - 656,378.55 656,378.55
150-4110-10-00 Property Taxes - Current - 102,457.00 102,457.00
150-4610-10-00 Interest Income - 645.90 - 645.90 645.90
160-4041-10-00 West Thoroughfare Impact Fees - 357,257.00 357,257.00
160-4610-10-00 Interest Income - 254.84 - 254.84 254.84
200-4000-10-08 W/S Service Initiation - 69,870.00 - 69,870.00 - 30,570.00 - 5,490.00 43.75 - 39,300.00
200-4007-10-08 Sanitation - 1,376,796.00 - 1,376,796.00 - 564,238.50 - 76,582.44 40.98 - 812,557.50
200-4009-10-08 Late Fee-W/S - 94,500.00 - 94,500.00 - 49,271.80 - 6,352.07 52.14 - 45,228.20
200-4995-10-99 Transfer In/Out - 75,563.00 75,563.00
200-4005-50-02 Water Revenue - 7,090,107.00 - 756,512.00 - 7,846,619.00 - 2,926,463.80 - 379,091.91 37.30 - 4,920,155.20
200-4010-50-02 Connection Tap & Construction - 880,000.00 - 880,000.00 - 393,997.00 - 73,338.00 44.77 - 486,003.00
200-4012-50-02 Saturday Inspection Fee - 11,000.00 - 11,000.00 - 6,900.00 - 600.00 62.73 - 4,100.00
200-4018-50-02 Internet Cr. Card Fees - 31,460.00 - 31,460.00 - 21,586.29 - 3,391.53 68.62 - 9,873.71
200-4019-50-02 Cr. Card Pmt Fees - 7,535.00 - 7,535.00 - 5,361.51 - 745.29 71.16 - 2,173.49
200-4060-50-02 NSF Fees - 1,575.00 - 1,575.00 - 725.00 - 100.00 46.03 - 850.00
200-4242-50-02 Re-Inspection Fees - 3,630.00 - 3,630.00 - 3,630.00
200-4243-50-02 Backflow Prevention Inspection - 18,700.00 - 18,700.00 - 15,200.00 - 3,925.00 81.28 - 3,500.00
200-4610-50-02 Interest Income - 29,500.00 - 29,500.00 - 32,751.76 - 4,814.16 111.02 3,251.76
200-4910-50-02 Other Revenue - 104,500.00 - 104,500.00 - 57,053.89 - 4,451.91 54.60 - 47,446.11
200-4006-50-03 Sewer - 3,236,000.00 - 232,542.00 - 3,468,542.00 - 1,810,071.58 - 311,445.43 52.19 - 1,658,470.42
200-4010-50-03 Connection Tap & Construction - 308,000.00 - 308,000.00 - 157,400.00 - 29,000.00 51.10 - 150,600.00
200-5110-10-08 Salaries & Wages 138,778.00 7,842.49 146,620.49 70,249.28 16,635.87 47.91 76,371.21
200-5115-10-08 Salaries - Overtime 3,528.00 3,528.00 479.22 288.29 13.58 3,048.78
200-5140-10-08 Salaries - Longevity Pay 850.00 850.00 930.00 109.41 - 80.00
200-5145-10-08 Social Security Expense 8,884.00 8,884.00 4,241.85 1,015.20 47.75 4,642.15
200-5150-10-08 Medicare Expense 2,078.00 2,078.00 992.04 237.43 47.74 1,085.96
200-5155-10-08 SUTA Expense 513.00 513.00 457.18 57.08 89.12 55.82
200-5160-10-08 Health/Dental Insurance 17,875.00 17,875.00 9,474.48 1,496.78 53.00 8,400.52
200-5165-10-08 Dental Insurance 1,356.00 1,356.00 622.68 103.78 45.92 733.32
Item 5b
38
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
200-5170-10-08 Life Insurance 276.00 276.00 150.84 28.14 54.65 125.16
200-5175-10-08 Liability (TML)/Workers' Comp 285.00 285.00 72.02 16.92 25.27 212.98
200-5180-10-08 TMRS Expense 19,240.00 19,240.00 9,365.47 2,291.44 48.68 9,874.53
200-5185-10-08 Long/Short Term Disability 256.00 256.00 122.71 20.86 47.93 133.29
200-5186-10-08 WELLE-Wellness Prog Reimb-Empl 1,200.00 1,200.00 600.00 100.00 50.00 600.00
200-5210-10-08 Supplies 2,000.00 2,000.00 781.87 12.19 39.09 1,218.13
200-5212-10-08 Building Supplies 1,250.00 1,250.00 376.46 30.12 873.54
200-5220-10-08 Office Equipment 1,000.00 1,000.00 101.98 10.20 898.02
200-5240-10-08 Postage and Delivery 43,000.00 43,000.00 15,968.33 2,776.10 37.14 27,031.67
200-5280-10-08 Printing and Reproduction 3,420.00 3,420.00 957.00 27.98 2,463.00
200-5290-10-08 Other Charges and Services 164.45 88.85 - 164.45
200-5330-10-08 Copier Expense 2,350.00 2,350.00 561.00 98.11 23.87 1,789.00
200-5340-10-08 Building Repairs 400.00 400.00 154.00 38.50 246.00
200-5400-10-08 Uniform Expense 200.00 200.00 200.00
200-5418-10-08 IT Fees 4,000.00 4,000.00 3,696.00 3,500.00 92.40 304.00
200-5419-10-08 IT Licenses 5,000.00 5,000.00 5,000.00
200-5430-10-08 Legal Fees 2,500.00 2,500.00 2,736.00 109.44 - 236.00
200-5470-10-08 Trash Collection 1,286,725.00 1,286,725.00 506,364.13 71,194.91 39.35 780,360.87
200-5479-10-08 Household Haz. Waste Disposal 12,600.00 12,600.00 1,975.00 235.00 15.68 10,625.00
200-5480-10-08 Contracted Services 16,925.00 16,925.00 4,080.73 668.79 24.11 12,844.27
200-5520-10-08 Telephones 720.00 720.00 209.94 34.99 29.16 510.06
200-5530-10-08 Travel 1,600.00 1,600.00 1,600.00
200-5533-10-08 Mileage Expense 300.00 300.00 64.83 21.61 235.17
200-5536-10-08 Training/Seminars 1,075.00 1,075.00 400.00 37.21 675.00
200-5600-10-08 Special Events 48.09 48.09 - 48.09
200-5110-10-99 Salaries & Wages 25,118.00 - 25,118.00
200-5176-10-99 TML-Prop & Liab Insurance 38,500.00 38,500.00 37,343.84 1,000.00 97.00 1,156.16
200-5410-10-99 Professional Services 13,400.00 - 13,400.00
200-5930-10-99 Damage Claims Expense 3,281.84 - 3,281.84
200-6125-10-99 Capital Expense Technology 11,026.00 11,026.00 5,512.98 918.83 50.00 5,513.02
200-6140-10-99 Capital Expenditure - Equipmen 10,126.00 10,126.00 5,062.98 843.83 50.00 5,063.02
200-6160-10-99 Capital Expenditure - Vehicles 36,471.00 36,471.00 18,235.50 3,039.25 50.00 18,235.50
200-6186-10-99 2013 Bond Payment 389,500.00 - 179,500.00 210,000.00 210,000.00
200-6192-10-99 2011 Refd Bond Pmt 185,410.00 - 5,460.00 179,950.00 179,950.00 100.00
200-6193-10-99 2012 CO Bond Payment 486,250.00 - 205,250.50 280,999.50 273,900.00 97.47 7,099.50
200-6199-10-99 08 CO Bond Payment 63,575.00 - 4,575.00 59,000.00 59,000.00 100.00
200-6201-10-99 2014 GO Bond Payment 485,850.00 - 130,850.00 355,000.00 355,000.00
200-6202-10-99 2014 CO Bond Payment 923,450.00 - 463,450.00 460,000.00 460,000.00
200-6203-10-99 2015 GO Debt payment 164,326.00 - 164,326.00
200-6205-10-99 2016 GO Bond Payment 357,992.00 - 24,892.00 333,100.00 333,100.00 100.00
200-6299-10-99 Bond Interest Expense 1,102,740.50 1,102,740.50 560,169.01 542,571.49 50.80
200-7000-10-99 Contingency 50,000.00 50,000.00 39,597.32 79.20 10,402.68
200-7144-10-99 Transfer to Capital Projects 200.00 200.00 25,306.14 25,306.14 126.5307 - 25,106.14
Item 5b
39
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
200-7147-10-99 Transfer to GF 1,072,800.00 1,072,800.00 536,400.00 89,400.00 50.00 536,400.00
200-5110-50-02 Salaries & Wages 828,991.00 50,110.57 879,101.57 410,362.79 104,007.74 46.68 468,738.78
200-5115-50-02 Salaries - Overtime 46,183.00 46,183.00 17,803.70 5,143.28 38.55 28,379.30
200-5126-50-02 Salaries-Vacation Buy-Out 2,103.00 2,103.00 1,072.80 51.01 1,030.20
200-5140-50-02 Salaries - Longevity Pay 3,550.00 3,550.00 3,445.00 97.04 105.00
200-5145-50-02 Social Security Expense 54,746.00 54,746.00 25,181.96 6,485.19 46.00 29,564.04
200-5150-50-02 Medicare Expense 12,803.00 12,803.00 5,890.93 1,516.69 46.01 6,912.07
200-5155-50-02 SUTA Expense 2,907.00 2,907.00 2,792.85 381.90 96.07 114.15
200-5160-50-02 Health/Dental Insurance 120,690.00 120,690.00 60,649.07 9,749.15 50.25 60,040.93
200-5165-50-02 Dental Insurance 7,430.00 7,430.00 3,040.92 551.47 40.93 4,389.08
200-5170-50-02 Life Insurance 1,499.00 1,499.00 837.92 168.13 55.90 661.08
200-5175-50-02 Liability (TML)/Workers' Comp 20,530.00 20,530.00 22,464.14 5,237.55 109.42 - 1,934.14
200-5180-50-02 TMRS Expense 118,586.00 118,586.00 56,497.54 14,750.83 47.64 62,088.46
200-5185-50-02 Long/Short Term Disability 1,475.00 1,475.00 705.38 129.69 47.82 769.62
200-5186-50-02 WELLE-Wellness Prog Reimb-Empl 6,300.00 6,300.00 2,537.06 439.16 40.27 3,762.94
200-5191-50-02 Hiring Cost 300.00 300.00 300.00
200-5210-50-02 Supplies 5,750.00 5,750.00 1,414.74 319.16 24.60 4,335.26
200-5212-50-02 Building Supplies 1,500.00 1,500.00 2,286.11 292.66 152.41 - 786.11
200-5220-50-02 Office Equipment 8,100.00 8,100.00 5,900.45 3,452.96 72.85 2,199.55
200-5230-50-02 Dues,Fees,& Subscriptions 7,200.00 7,200.00 1,866.89 431.00 25.93 5,333.11
200-5240-50-02 Postage and Delivery 1,000.00 1,000.00 66.10 6.61 933.90
200-5250-50-02 Publications 50.00 50.00 50.00
200-5280-50-02 Printing and Reproduction 13,000.00 13,000.00 789.28 206.32 6.07 12,210.72
200-5310-50-02 Rental Expense 3,000.00 3,000.00 3,000.00
200-5320-50-02 Repairs & Maintenance 3,600.00 3,600.00 1,006.25 102.48 27.95 2,593.75
200-5330-50-02 Copier Expense 1,400.00 1,400.00 668.90 130.50 47.78 731.10
200-5340-50-02 Building Repairs 5,000.00 5,000.00 2,198.72 1,342.36 43.97 2,801.28
200-5350-50-02 Vehicle Expense 18,000.00 18,000.00 16,442.04 1,958.35 91.35 1,557.96
200-5352-50-02 Fuel 14,450.00 14,450.00 9,190.81 1,643.83 63.60 5,259.19
200-5353-50-02 Oil/Grease/Inspections 1,000.00 1,000.00 409.45 253.28 40.95 590.55
200-5400-50-02 Uniform Expense 17,300.00 17,300.00 9,232.39 1,940.00 53.37 8,067.61
200-5415-50-02 Tuition Reimbursement 9,200.00 9,200.00 426.95 4.64 8,773.05
200-5419-50-02 IT Licenses 18,000.00 18,000.00 12,500.00 2,500.00 2,000.00 69.44 3,500.00
200-5430-50-02 Legal Fees 1,000.00 1,000.00 874.00 87.40 126.00
200-5475-50-02 Credit Card Fees 32,000.00 32,000.00 31,752.76 4,757.60 99.23 247.24
200-5480-50-02 Contracted Services 50,000.00 50,000.00 45,029.47 6,148.29 2,175.00 90.06 2,795.53
200-5520-50-02 Telephones 7,565.00 7,565.00 3,385.13 772.97 44.75 4,179.87
200-5521-50-02 Cell Phone Expense 2,550.00 2,550.00 2,550.00
200-5524-50-02 Gas 1,000.00 1,000.00 703.31 70.33 296.69
200-5525-50-02 Electricity 185,280.00 185,280.00 93,818.85 14,402.53 50.64 91,461.15
200-5526-50-02 Data Network 4,320.00 4,320.00 604.14 251.99 13.99 3,715.86
200-5530-50-02 Travel 2,300.00 2,300.00 1,945.30 84.58 354.70
200-5533-50-02 Mileage Expense 1,000.00 1,000.00 1,000.00
Item 5b
40
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
200-5536-50-02 Training/Seminars 16,200.00 16,200.00 6,994.70 500.00 43.18 9,205.30
200-5540-50-02 Water Testing 4,000.00 4,000.00 839.29 20.98 3,160.71
200-5545-50-02 Meter Purchases 445,987.00 445,987.00 125,469.45 66,175.04 8,900.00 28.13 311,617.55
200-5550-50-02 Water Purchases 2,748,305.00 953,054.00 3,701,359.00 1,699,995.66 283,333.00 45.93 2,001,363.34
200-5620-50-02 Tools & Equipment 10,000.00 10,000.00 8,073.45 162.75 80.74 1,926.55
200-5630-50-02 Safety Equipment 10,000.00 10,000.00 3,792.30 998.70 37.92 6,207.70
200-5640-50-02 Signs & Hardware 1,612.00 1,612.00 13.35 0.83 1,598.65
200-5650-50-02 Maintenance Materials 15,000.00 15,000.00 919.59 92.60 6.13 14,080.41
200-5660-50-02 Chemical Supplies 10,000.00 10,000.00 1,985.47 14.76 19.86 8,014.53
200-5670-50-02 System Improvements 78,950.00 78,950.00 79,471.95 5,115.08 100.66 - 521.95
200-6160-50-02 Capital Expense-Vehicles 77,000.00 77,000.00 22,820.00 20,360.00 49,440.00 29.64 4,740.00
200-7143-50-02 Transfer to Internal Serv. Fd 2,160.00 2,160.00 540.00 25.00 1,620.00
200-7146-50-02 Transfer to CIP 250,000.00 250,000.00 124,999.98 20,833.33 50.00 125,000.02
200-5110-50-03 Salaries & Wages 248,390.00 8,795.68 257,185.68 70,910.59 22,063.75 27.57 186,275.09
200-5115-50-03 Salaries - Overtime 11,329.00 11,329.00 7,309.33 2,320.48 64.52 4,019.67
200-5140-50-03 Salaries - Longevity Pay 1,295.00 1,295.00 985.00 76.06 310.00
200-5145-50-03 Social Security Expense 16,199.00 16,199.00 4,620.52 1,445.21 28.52 11,578.48
200-5150-50-03 Medicare Expense 3,788.00 3,788.00 1,080.59 337.98 28.53 2,707.41
200-5155-50-03 SUTA Expense 1,197.00 1,197.00 532.49 131.48 44.49 664.51
200-5160-50-03 Health/Dental Insurance 43,829.00 43,829.00 15,142.95 2,897.67 34.55 28,686.05
200-5165-50-03 Dental Insurance 2,685.00 2,685.00 666.23 138.47 24.81 2,018.77
200-5170-50-03 Life Insurance 476.00 476.00 167.49 38.23 35.19 308.51
200-5175-50-03 Liability (TML)/Workers' Comp 5,283.00 5,283.00 3,813.28 1,349.50 72.18 1,469.72
200-5180-50-03 TMRS Expense 35,107.00 35,107.00 10,367.14 3,300.84 29.53 24,739.86
200-5185-50-03 Long/Short Term Disability 471.00 471.00 114.23 25.11 24.25 356.77
200-5186-50-03 WELLE-Wellness Prog Reimb-Empl 2,550.00 2,550.00 584.96 139.16 22.94 1,965.04
200-5191-50-03 Hiring Cost 300.00 300.00 300.00
200-5210-50-03 Supplies 3,550.00 3,550.00 537.78 4.98 15.15 3,012.22
200-5212-50-03 Building Supplies 600.00 600.00 306.33 78.74 51.06 293.67
200-5220-50-03 Office Equipment 3,500.00 3,500.00 3,951.04 3,806.54 112.89 - 451.04
200-5230-50-03 Dues,Fees,& Subscriptions 1,500.00 1,500.00 15.00 1.00 1,485.00
200-5280-50-03 Printing and Reproduction 270.60 70.65 - 270.60
200-5310-50-03 Rental Expense 500.00 500.00 1,350.00 270.00 - 850.00
200-5320-50-03 Repairs & Maintenance 3,400.00 3,400.00 672.53 19.78 2,727.47
200-5335-50-03 Radio/Video Repairs 500.00 500.00 500.00
200-5340-50-03 Building Repairs 1,000.00 1,000.00 1,000.00
200-5350-50-03 Vehicle Expense 8,200.00 8,200.00 10,795.74 2,088.46 131.66 - 2,595.74
200-5352-50-03 Fuel 3,300.00 3,300.00 4,123.02 329.44 124.94 - 823.02
200-5353-50-03 Oil/Grease/Inspections 300.00 300.00 114.17 114.17 38.06 185.83
200-5400-50-03 Uniform Expense 7,300.00 7,300.00 4,029.79 1,340.00 55.20 3,270.21
200-5418-50-03 IT Fees 10,000.00 10,000.00 10,000.00
200-5419-50-03 IT Licenses 14,000.00 14,000.00 12,983.00 - 700.00 92.74 1,717.00
200-5430-50-03 Legal Fees 500.00 500.00 500.00
Item 5b
41
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
200-5480-50-03 Contracted Services 57,320.00 57,320.00 13,181.53 770.53 23.00 44,138.47
200-5520-50-03 Telephones 2,115.00 2,115.00 573.27 146.54 27.11 1,541.73
200-5521-50-03 Cell Phone Expense 1,700.00 1,700.00 1,700.00
200-5525-50-03 Electricity 50,000.00 50,000.00 20,056.93 3,806.96 40.11 29,943.07
200-5530-50-03 Travel 1,100.00 1,100.00 1,100.00
200-5533-50-03 Mileage Expense 500.00 500.00 500.00
200-5536-50-03 Training/Seminars 9,800.00 9,800.00 858.29 8.76 8,941.71
200-5560-50-03 Sewer Management Fees 1,770,668.00 116,000.00 1,886,668.00 967,122.43 171,344.18 51.26 919,545.57
200-5620-50-03 Tools & Equipment 8,200.00 8,200.00 4,100.94 158.33 50.01 4,099.06
200-5630-50-03 Safety Equipment 5,000.00 5,000.00 1,445.76 28.92 3,554.24
200-5640-50-03 Signs & Hardware 250.00 250.00 1,032.00 412.80 - 782.00
200-5650-50-03 Maintenance Materials 1,000.00 1,000.00 2,341.76 73.00 234.18 - 1,341.76
200-5660-50-03 Chemical Supplies 1,000.00 1,000.00 1,000.00
200-5670-50-03 System Improvements 12,000.00 12,000.00 21,580.89 2,140.25 179.84 - 9,580.89
200-5680-50-03 Lift Station Expense 30,000.00 30,000.00 16,281.50 54.27 13,718.50
200-6160-50-03 Capital Expense-Vehicles 61,000.00 61,000.00 83,495.00 83,495.00 136.88 - 22,495.00
200-7146-50-03 Transfer to CIP Fund 150,000.00 150,000.00 75,000.00 12,500.00 50.00 75,000.00
300-4105-10-00 Property Taxes -Delinquent - 73,828.00 - 73,828.00 - 273,707.85 - 40,354.67 370.74 199,879.85
300-4110-10-00 Property Taxes -Current - 4,086,721.00 - 4,086,721.00 - 4,026,007.38 - 56,893.03 98.51 - 60,713.62
300-4115-10-00 Taxes -Penalties - 21,439.00 - 21,439.00 - 58,199.97 - 13,186.74 271.47 36,760.97
300-4610-10-00 Interest Income - 18,000.00 - 18,000.00 - 14,209.27 - 2,464.57 78.94 - 3,790.73
300-5410-10-00 Professional Services 3,400.00 - 3,400.00
300-6186-10-00 2013 GO Ref Bond 286,200.00 - 131,200.00 155,000.00 155,000.00
300-6189-10-00 2012 GO TX Bond Payment 282,263.00 - 107,263.00 175,000.00 175,000.00 100.00
300-6191-10-00 2010 Tax Note Payment 368,376.00 - 3,376.00 365,000.00 365,000.00 100.00
300-6192-10-00 2011 Ref Bond Pmt 118,541.00 - 3,491.00 115,050.00 115,050.00 100.00
300-6199-10-00 2008 Bond Payment 572,175.00 - 41,175.00 531,000.00 531,000.00 100.00
300-6200-10-00 Bond Administrative Fees 21,000.00 21,000.00 2,000.00 9.52 19,000.00
300-6201-10-00 2014 GO Debt payment 372,750.00 - 117,750.00 255,000.00 255,000.00
300-6203-10-00 2015 GO Debt Payment 659,374.00 - 614,374.00 45,000.00 45,000.00 100.00
300-6204-10-00 2015 CO Debt Payment 374,800.00 - 314,800.00 60,000.00 60,000.00 100.00
300-6205-10-00 2016 GO Debt Payment 598,848.00 - 191,948.00 406,900.00 406,900.00 100.00
300-6206-10-00 2016 CO Debt Payment 528,483.00 - 273,483.00 255,000.00 255,000.00 100.00
300-6299-10-00 Bond Interest Expense 1,798,860.00 1,798,860.00 911,183.20 887,676.80 50.65
400-4100-10-00 Charges for Services - 20,000.00 - 20,000.00 - 6,030.00 30.15 - 13,970.00
400-4610-10-00 Interest Earned - 700.00 - 700.00 - 403.67 - 70.30 57.67 - 296.33
400-4995-10-00 Transfer In - 2,400.00 - 2,400.00 - 600.00 25.00 - 1,800.00
400-5160-10-00 MERP Expense - GF 40,000.00 40,000.00 20,623.41 615.00 51.56 19,376.59
410-4100-10-99 Charges for Services - 500,781.00 - 500,781.00 - 250,390.44 - 41,731.74 50.00 - 250,390.56
410-4610-10-99 Interest - 7,406.52 - 1,292.52 7,406.52
410-4910-10-99 Other Reimbursements - 18,000.00 - 18,000.00 - 1,663.75 9.24 - 16,336.25
410-6125-10-02 Capital-Equipment (Technology) 2,250.00 2,250.00 529.99 2,206.17 23.56 - 486.16
410-6125-10-03 Capital-Equipment (Technology) 1,400.00 1,400.00 1,262.01 137.99
Item 5b
42
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
410-6125-10-04 Capital-Equipment (Technology) 1,400.00 1,400.00 1,457.75 - 57.75
410-6125-10-05 Capital-Equipment (Technology) 5,000.00 5,000.00 1,431.41 1,431.41 337.98 28.63 3,230.61
410-6125-10-07 Capital-Equipment (Technology) 1,400.00 1,400.00 1,400.00
410-6125-20-01 Capital-Equipment (Technology) 3,950.00 3,950.00 7,754.78 - 3,804.78
410-6160-20-01 Capital-Vehicles 178,850.00 178,850.00 178,850.00
410-6125-20-05 Capital-Equipment (Technology) 1,700.00 1,700.00 749.69 950.31
410-6125-30-01 Capital-Equipment (Technology) 3,400.00 3,400.00 2,998.76 401.24
410-6160-30-01 Capital-Vehicles 94,818.00 94,818.00 79,337.82 83.67 15,480.18
410-6125-30-05 Capital-Equipment (Technology) 850.00 850.00 850.00
410-6125-40-01 Capital-Equipment (Technology) 3,100.00 3,100.00 438.48 2,957.13 14.15 - 295.61
410-6125-50-02 Capital-Equipment (Technology) 3,650.00 3,650.00 3,468.18 181.82
410-6160-50-02 Capital-Vehicles 160.00 160.00 - 160.00
410-6125-50-03 Capital-Equipment (Technology) 850.00 850.00 749.69 100.31
410-6160-50-03 Capital-Vehicles 160.00 160.00 - 160.00
410-6125-60-01 Capital-Equipment(Technology) 1,400.00 1,400.00 1,457.75 - 57.75
410-6160-60-02 Capital-vehicles 25,710.00 25,710.00 25,870.00 25,870.00 100.62 - 160.00
450-4001-98-02 Storm Drainage Utility Fee - 344,725.00 - 344,725.00 - 170,101.61 - 29,324.11 49.34 - 174,623.39
450-4610-98-02 Interest Storm Utility - 900.00 - 900.00 - 6,587.61 - 1,531.26 731.96 5,687.61
450-5110-98-02 Salaries 106,743.00 2,706.07 109,449.07 49,307.90 9,659.61 45.05 60,141.17
450-5115-98-02 Salaries-Overtime 3,004.00 3,004.00 554.89 263.67 18.47 2,449.11
450-5140-98-02 Salaries-Longevity Pay 60.00 60.00 60.00
450-5145-98-02 Social Security Expense 6,664.00 6,664.00 2,972.98 615.37 44.61 3,691.02
450-5150-98-02 Medicare Expense 1,559.00 1,559.00 695.29 143.92 44.60 863.71
450-5155-98-02 SUTA Expense 342.00 342.00 252.94 73.96 89.06
450-5160-98-02 Health Insurance 12,200.00 12,200.00 2,632.32 21.58 9,567.68
450-5165-98-02 Dental Expense 865.00 865.00 174.93 20.22 690.07
450-5170-98-02 Life Ins/AD&D 184.00 184.00 86.49 9.38 47.01 97.51
450-5175-98-02 Liability (TML) Workers Comp 3,119.00 3,119.00 2,091.07 453.42 67.04 1,027.93
450-5180-98-02 TMRS Expense 14,431.00 14,431.00 6,451.60 1,335.67 44.71 7,979.40
450-5185-98-02 Long/Short Term Disability 192.00 192.00 83.02 10.44 43.24 108.98
450-5186-98-02 WELLE-Wellness Prog Reimb Empl 600.00 600.00 75.00 12.50 525.00
450-5210-98-02 Office Supplies 400.00 400.00 41.56 10.39 358.44
450-5230-98-02 Dues, Fees, & Subscriptions 4,600.00 4,600.00 310.29 6.75 4,289.71
450-5240-98-02 Postage and Delivery 35.97 35.97 - 35.97
450-5310-98-02 Rental Expense 2,500.00 2,500.00 2,500.00
450-5320-98-02 Repairs & Maiantenance 800.00 800.00 800.00
450-5340-98-02 Building Repairs 500.00 500.00 500.00
450-5350-98-02 Vehicle Expense 1,500.00 1,500.00 1,500.00
450-5352-98-02 Fuel 2,000.00 2,000.00 20.87 1.04 1,979.13
450-5353-98-02 Oil/Grease/Inspections 100.00 100.00 31.43 31.43 68.57
450-5400-98-02 Uniforms 1,500.00 1,500.00 450.88 30.06 1,049.12
450-5410-98-02 Professional Services-Storm Dr 2,500.00 2,500.00 1,000.00 40.00 1,500.00
450-5480-98-02 Contract Services 20.00 - 20.00
Item 5b
43
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
450-5520-98-02 Telephones 852.00 852.00 500.94 95.57 58.80 351.06
450-5530-98-02 Travel/Lodging/Meals Expense 1,050.00 1,050.00 1,050.00
450-5533-98-02 Mileage Expense 78.86 - 78.86
450-5536-98-02 Training/Seminars 2,130.00 2,130.00 26.61 20.00 1.25 2,103.39
450-5620-98-02 Toosl & Equipment 2,200.00 2,200.00 2,200.00
450-5630-98-02 Safety Equipment 1,700.00 1,700.00 109.99 6.47 1,590.01
450-5640-98-02 Signs & Hardware 600.00 600.00 600.00
450-5650-98-02 Maintenance Materials 4,000.00 4,000.00 4,000.00
450-6193-98-02 2012 CO Bond Payment 49,000.50 49,000.50 56,100.00 114.49 - 7,099.50
450-6205-98-02 2016 CO Bond Payment 92,148.00 - 47,148.00 45,000.00 45,000.00 100.00
450-6299-98-02 Bond Interest Expense 73,710.50 73,710.50 38,100.83 35,609.67 51.69
450-7142-98-02 Transfer to W/S 75,563.00 - 75,563.00
450-7143-98-02 Transfer to Internal Serv. Fd 240.00 240.00 60.00 25.00 180.00
450-7144-98-02 Transfer to Capital Proj Fund 32,400.00 32,400.00 32,400.00 100.00
450-7147-98-02 Transfer to GF 18,366.00 18,366.00 9,183.00 1,530.50 50.00 9,183.00
560-4721-10-00 Prosper Christmas Donations - 12,000.00 - 12,000.00 - 13,706.16 114.22 1,706.16
560-4995-10-00 Transfer In 2,584.00 - 2,584.00
560-5202-10-00 Prosper Christmas Expense 40,000.00 40,000.00 27,229.43 5,350.00 68.07 7,420.57
570-4537-10-00 Court Technology Revenue - 9,000.00 - 9,000.00 - 4,936.23 - 882.69 54.85 - 4,063.77
570-4610-10-00 Interest - 3.62 - 2.20 3.62
570-4995-10-00 Transfer In 34.00 - 34.00
570-5203-10-00 Court Technology Expense 18,000.00 18,000.00 18,000.00
570-7144-10-00 Transfer Out 7.33 - 7.33
580-4536-10-00 Court Security Revenue - 7,000.00 - 7,000.00 - 3,702.17 - 662.01 52.89 - 3,297.83
580-4610-10-00 Interest - 41.23 - 24.43 41.23
580-5110-10-00 Salaries & Wages Payable 6,510.00 3,776.63 10,286.63 2,406.29 754.61 23.39 7,880.34
580-5145-10-00 Social Security Expense 404.00 404.00 149.20 46.79 36.93 254.80
580-5150-10-00 Medicare Expense 94.00 94.00 34.89 10.94 37.12 59.11
580-5155-10-00 SUTA expense 171.00 171.00 35.55 4.17 20.79 135.45
580-5175-10-00 Workers Comp 85.91 26.95 - 85.91
580-5204-10-00 Court Security Expense 1,000.00 6,872.00 7,872.00 7,461.28 86.39 94.78 410.72
580-7144-10-00 Transfer Out 136.00 - 136.00
590-4995-10-00 Transfer In - 885,347.39 885,347.39
590-7144-10-00 Transfer Out 45,096.55 45,096.55 46,072.56 102.16 - 976.01
610-4045-60-00 Park Dedication-Fees - 100,000.00 - 100,000.00 - 364,179.40 364.18 264,179.40
610-4610-60-00 Interest Income - 7,000.00 - 7,000.00 - 4,847.79 - 1,162.75 69.25 - 2,152.21
610-6610-60-00 Frontier North Field Imp 534,590.00 534,590.00 428,335.00 106,255.00
620-4055-60-00 Park Improvement - 100,000.00 - 100,000.00 - 201,726.74 201.73 101,726.74
620-4610-60-00 Interest Income - 3,800.00 - 3,800.00 - 4,080.79 - 881.76 107.39 280.79
620-5430-60-00 Legal Fees - TPWD Grant 475.00 - 475.00
620-6610-60-00 Frontier North Field Imprvmnts 914,260.00 914,260.00 105,079.35 809,180.72 11.49 - 0.07
620-6610-60-00 Preston Lakes Playground 90,000.00 90,000.00 81,826.60 4,248.60 90.92 8,173.40
630-4015-50-00 Impact Fees - 3,200,000.00 - 3,200,000.00 - 1,685,228.00 - 330,640.00 52.66 - 1,514,772.00
Item 5b
44
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
630-4615-50-00 Interest - 29,700.00 - 29,700.00 - 14,780.76 - 3,251.90 49.77 - 14,919.24
630-5410-50-00 Impact Fee Study 13,457.00 13,457.00 13,080.37 376.32 97.20 0.31
630-5489-50-00 Developer Agreement TVG 975,000.00 975,000.00 856,758.20 87.87 118,241.80
630-5489-50-00 Developer Agrmt Prsp Prtnrs 195,000.00 195,000.00 195,000.00
630-5489-50-00 Developer Agreement Doe Crk 532,586.00 532,586.00 532,586.00
630-5489-50-00 Dev Bloomfield (Prsper Lakes) 50,700.00 50,700.00 - 50,700.00
630-6610-50-00 Prosper Trail EST 818,669.00 818,669.00 579,405.00 112,340.00 239,264.33 70.77 - 0.33
630-6610-50-00 Lower Pressure Plane Pump Sta. 1,726,000.00 1,726,000.00 - 293,449.11 1,726,000.00
630-6610-50-00 County Line Elevated Storage 337,500.00 337,500.00 337,500.00
630-6610-50-00 24 WL Conn. Cnty Line EST/DNT 70,775.00 70,775.00 70,775.00
630-6610-50-00 42" Lovers Lane Trnsmn Line 452,049.11 452,049.11 445,268.72 - 897,317.83
630-7144-50-00 Transfer to Capital Proj Fund 11,334.98 - 11,334.98
640-4020-50-00 Impact Fees - 600,000.00 - 600,000.00 - 207,669.50 - 37,755.00 34.61 - 392,330.50
640-4620-50-00 Interest - 7,800.00 - 7,800.00 - 5,639.77 - 1,445.60 72.31 - 2,160.23
640-4905-50-00 Equity Fee - 27,500.00 - 11,000.00 27,500.00
640-5410-50-00 Impact Fee Study 22,541.00 22,541.00 21,903.45 637.58 97.17 - 0.03
640-5410-50-00 LaCima Impct Fee Reimburse 5,000.00 5,000.00 5,000.00
640-5489-50-00 Developer Agrmt TVG 170,750.00 170,750.00 105,225.12 61.63 65,524.88
640-5489-50-00 Developer Agrmt Propser Prtnrs 34,150.00 34,150.00 34,150.00
640-5489-50-00 Developer Agrmt Frontier Est. 71,300.00 71,300.00 7,171.50 10.06 64,128.50
640-5489-50-00 Brookhollow Dev Reimb 1,366.01 - 1,366.01
640-6610-50-00 Public Works Interceptor 1,070,124.00 1,070,124.00 15,423.05 25,124.24 1.44 1,029,576.71
640-6610-50-00 LaCima #2 Interceptor 465,000.00 - 245,000.00 220,000.00 220,000.00
660-4040-50-00 East Thoroughfare Impact Fees - 4,000,000.00 - 4,000,000.00 978,079.38 - 308,390.42 - 24.45 - 4,978,079.38
660-4610-50-00 Interest - 32,560.00 - 32,560.00 - 19,563.38 - 3,545.85 60.08 - 12,996.62
660-5410-50-00 Impact Fee Study 3,461.00 3,461.00 3,356.60 104.01 96.98 0.39
660-5489-50-00 Developer Agrmnt Lakes/LaCima 300,000.00 300,000.00 300,000.00
660-6610-50-00 Frontier Pkwy BNSF Overpass 2,340,000.00 2,340,000.00 2,340,000.00
660-6610-50-00 Prosper Trail (Kroger to Coit) 3,000,000.00 3,000,000.00 3,000,000.00
660-6610-50-00 Custer Turn Lane @Prosper Tr 100,000.00 100,000.00 100,000.00
660-6610-50-00 Prosper Trail (Coit - Custer) 540,000.00 70,000.00 610,000.00 610,000.00
660-6610-50-00 Coit Road (First - Frontier) 770,000.00 - 70,000.00 700,000.00 80,424.60 66,742.20 609,475.40 11.49 10,100.00
660-7144-50-00 Transfer to Capital Proj Fund 55,422.50 55,422.50 86,201.50 20,601.00 155.54 - 30,779.00
670-4530-10-00 Police Donation Inc - 12,000.00 - 12,000.00 - 8,659.00 - 1,083.00 72.16 - 3,341.00
670-4531-10-00 Fire Donations - 8,400.00 - 8,400.00 - 6,819.00 - 1,115.00 81.18 - 1,581.00
670-4535-10-00 Child Safety Inc - 8,000.00 - 8,000.00 - 3,133.10 39.16 - 4,866.90
670-4538-10-00 Donations - ITTCC - 500.00 - 500.00 500.00
670-4550-10-00 LEOSE Revenue - 2,398.43 2,398.43
670-4610-10-00 Interest Income - 8,000.00 - 8,000.00 - 196.63 - 196.63 2.46 - 7,803.37
670-4916-10-00 Cash Seizure Forfeit-PD - 200.00 - 200.00 200.00
670-4995-10-00 Transfer In - 1,119.34 1,119.34
670-5205-10-00 Police Donation Exp 10,000.00 10,000.00 5,836.25 232.25 58.36 4,163.75
670-5206-10-00 Fire Dept Donation Exp 1,196.53 - 1,196.53
Item 5b
45
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
670-5208-10-00 Child Safety Expense 10,000.00 10,000.00 10,000.00
670-5212-10-00 Tree Mitigation Expense 14,000.00 14,000.00 14,000.00
670-5292-10-00 PD Seizure Expense 5,000.00 5,000.00 91.95 1.84 4,908.05
670-7144-10-00 Transfer Out 882,729.39 - 882,729.39
680-4041-50-00 W Thoroughfare Impact Fees - 1,200,000.00 - 1,200,000.00 - 2,370,665.50 - 108,414.00 197.56 1,170,665.50
680-4610-50-00 Interest - 12,870.00 - 12,870.00 - 1,894.20 - 300.98 14.72 - 10,975.80
680-5410-50-00 Impact Fee Study 3,461.00 3,461.00 3,356.60 104.01 96.98 0.39
680-5489-50-00 Developer Agrmnt TVG 500,000.00 500,000.00 500,000.00
680-5489-50-00 Development Agrmnt Parks/Legac 100,000.00 100,000.00 163,988.00 163.99 - 63,988.00
680-5489-50-00 TVG West Propser Rds Impact Fe 1,561,240.00 - 1,561,240.00
680-6110-50-00 First Street (DNT to Coleman) 98,200.00 98,200.00 98,200.00 100.00
680-6610-50-00 Cook Lane (First - End) 200,000.00 200,000.00 200,000.00
680-7144-50-00 Transfer to Capital Proj Fund 26,737.50 26,737.50 74,831.50 19,977.50 279.88 - 48,094.00
730-4610-10-00 Interest Income - 186.90 - 168.29 186.90
750-4530-10-00 Contributions - W Prosper Rd - 3,000,000.00 3,000,000.00
750-4610-10-00 Interest Income - 5,331.02 - 5,331.02 5,331.02
750-4611-10-00 Interest-2004 Bond - 2,000.00 - 2,000.00 - 1,001.53 - 169.14 50.08 - 998.47
750-4612-10-00 Interest-2006 Bond - 600.00 - 600.00 - 1,416.01 - 129.33 236.00 816.01
750-4613-10-00 Interest 2008 Bond - 7,500.00 - 7,500.00 - 303.20 - 54.40 4.04 - 7,196.80
750-4616-10-00 Interest 2012 GO Bond - 12,000.00 - 12,000.00 - 442.50 - 77.17 3.69 - 11,557.50
750-4618-10-00 Interest TXDOT Contributions - 1,674.25 - 328.63 1,674.25
750-4995-10-00 Transfer In - 1,665,000.00 - 2,274,268.00 - 3,939,268.00 - 5,883,332.69 - 540,719.95 149.35 1,944,064.69
750-4999-10-00 Bond Proceeds - 12,792,496.00 - 12,792,496.00 - 12,792,496.00
750-5419-10-00 Windsong Ranch Fire Station 20,644.00 20,644.00 8,255.54 1,762.78 12,600.00 39.99 - 211.54
750-5419-10-00 Coleman-Prspr Trl to Prspr HS 22,662.00 22,662.00 22,662.50 - 0.50
750-5419-10-00 SH289 Median Lighting 6,590.00 6,590.00 6,590.40 - 0.40
750-5419-10-00 Seventh Street (Coleman-PISD) 200.00 200.00 200.00 100.00
750-5419-10-00 Prosper Trail (Kroger to Coit) 84,610.00 84,610.00 40,445.50 44,164.00 47.80 0.50
750-5419-10-00 First Street (DNT to Coleman) 174,412.00 174,412.00 26,262.50 148,148.99 15.06 0.51
750-5419-10-00 Town Hall Infrastructure Imprv 34,336.91 8,755.19 - 43,092.10
750-5430-10-00 Legal Fees-First St (DNT-Clmn) 7,412.62 6,937.62 - 7,412.62
750-6160-10-00 Fire Engine 77,002.00 77,002.00 83,182.94 108.03 - 6,180.94
750-6610-10-00 Windsong Ranch Fire Station 166,581.00 166,581.00 223,968.46 27,289.11 54,289.15 134.45 - 111,676.61
750-6610-10-00 Town Hall-Multipurpose Facil. 1,450,000.00 245,313.00 1,695,313.00 289,539.68 28,671.69 324,674.99 17.08 1,081,098.33
750-6610-10-00 Coleman-Prspr Trl to Prspr HS 23,500.00 23,500.00 20,892.00 8,796.99 88.90 - 6,188.99
750-6610-10-00 Decorative Monument Signs 60.94 - 60.94
750-6610-10-00 Downtown Enhancements 1,850,000.00 1,850,000.00 49,300.00 5,800.00 47,000.00 2.67 1,753,700.00
750-6610-10-00 West Prosper Rd Improvements 6,691,786.00 6,691,786.00 378,587.54 6,313,198.17 5.66 0.29
750-6610-10-00 Prosper Trail (Kroger to Coit) 975,000.00 975,000.00 975,000.00
750-6610-10-00 Old Town Streets 1,000,000.00 1,000,000.00 1,000,000.00
750-6610-10-00 Town Hall Infrastructure Imprv 1,275,000.00 32,800.00 1,307,800.00 122,050.00 122,050.00 1,185,750.00 9.33
750-6610-10-00 Town Hall Construction 10,000,000.00 1,176,691.00 11,176,691.00 2,027,407.49 913,744.79 17,570,283.51 18.14 - 8,421,000.00
750-6610-10-00 Frontier Park North 9,526,225.00 9,526,225.00 2,166,295.89 2,114,974.39 7,399,428.97 22.74 - 39,499.86
Item 5b
46
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
750-6610-10-00 Fishtrap Rd-Artesia to Custer 1,262,277.00 1,262,277.00 32,668.24 2.59 1,229,608.76
750-6610-10-00 First St-Townlake to Custer 670,000.00 - 670,000.00
750-6610-10-00 Church St-First to PISD 595,060.00 595,060.00 595,060.00 100.00
750-6610-10-00 Main Street (First-Broadway) 625,000.00 625,000.00 1,000.00 1,000.00 597,342.40 0.16 26,657.60
750-6610-10-00 Eighth Street (Church-PISD) 260,000.00 260,000.00 260,000.00
750-6610-10-00 Field Street (First-Broadway) 250,000.00 250,000.00 250,000.00
750-6610-10-00 Parvin Road (Good Hope-FM1385) 270,000.00 270,000.00 270,000.00
750-6610-10-00 Pasewark (Preston-Hickory) 400,000.00 400,000.00 400,000.00
750-6610-10-00 Parvin St (Broadway-Eighth) 515,000.00 515,000.00 515,000.00
750-6610-10-00 Sixth Street (Coleman-Church) 430,000.00 430,000.00 430,000.00
750-6610-10-00 Third Street (Church-Lane) 320,000.00 320,000.00 320,000.00
750-7147-10-00 Transfer to GF 45,000.00 45,000.00 45,000.00
760-4610-10-00 Interest Income - 37,200.00 - 37,200.00 - 9,679.67 - 1,522.28 26.02 - 27,520.33
760-4996-10-00 Transfers In - 90,974.98 90,974.98
760-4999-10-00 Bond Proceeds - 11,138,450.00 - 11,138,450.00 - 11,138,450.00
760-5419-10-00 Prosper Trail EST 34,930.00 34,930.00 25,280.16 9,650.00 72.37 - 0.16
760-5419-10-00 Lower Pressure Pln 42" Trns Ln 7,397.63 39,286.39 - 46,684.02
760-5430-10-00 Legal Fees Old Town Drainage 1,337.60 1,337.60 - 1,337.60
760-6610-10-00 Lower Pressure Pln 42" Trns Ln 22,960,919.00 22,960,919.00 22,960,919.00
760-6610-10-00 BNSF Railroad PRV's 115,096.00 115,096.00 3,090.00 112,006.25 2.69 - 0.25
760-6610-10-00 Old Town Drainage 500,000.00 500,000.00 31,480.00 468,520.00
760-6610-10-00 Coleman Rd Drainage 282,500.00 282,500.00 3,350.00 279,150.00
760-6610-10-00 Old Town Drainage Land Acq 750,000.00 750,000.00 2,750.00 580.00 0.37 746,670.00
760-6610-10-00 Old Town Drainage Trunk Main 600,000.00 600,000.00 149,004.00 149,004.00 450,996.00 24.83
760-6610-10-00 Amberwood Farms 32,000.00 32,000.00 32,000.00
760-6610-10-00 Old Town Drng-First & Main 800,000.00 800,000.00 800,000.00
760-6610-10-00 Old Town Regional Retention 750,000.00 750,000.00 750,000.00
770-4610-10-00 Interest Income - 6,007.82 - 1,016.21 6,007.82
770-7144-10-00 Transfer to Capital Projects 265,252.91 265,252.91 1,569,177.40 50,348.36 591.58 - 1,303,924.49
771-4610-10-00 Interest Income - 31,272.08 - 4,796.81 31,272.08
771-6120-10-00 Non-Bond Capital Expenditures - 7,174.23 7,174.23
771-7144-10-00 Transfer to Capital Projects 58,687.01 58,687.01 279,640.00 16,527.85 476.49 - 220,952.99
780-4610-10-00 Interest Income - 3,671.66 - 535.52 3,671.66
780-7144-10-00 Transfer to Capital Projects 12,086.59 12,086.59 712,300.43 12,086.59 5,893.31 - 700,213.84
781-4610-10-00 Interest Income - 7,813.50 - 864.74 7,813.50
781-6120-10-00 Non-Bond Capital Expenditures - 21,999.95 21,999.95
781-7144-10-00 Transfer to Capital Projects 718,774.94 718,774.94 1,818,019.17 175,872.51 252.93 - 1,099,244.23
800-4120-65-00 Sales Taxes - 1,400,000.00 - 1,400,000.00 - 798,482.35 - 126,148.22 57.03 - 601,517.65
800-4610-65-00 Interest Income - 21,000.00 - 21,000.00 - 14,104.63 - 2,916.65 67.17 - 6,895.37
800-5110-65-00 Salaries & Wages 240,000.00 - 10,000.00 230,000.00 17,928.80 4,392.80 7.80 212,071.20
800-5115-65-00 Salaries - Overtime 500.00 500.00 500.00
800-5140-65-00 Salaries - Longevity Pay 645.00 645.00 645.00
800-5142-65-00 Car Allowance 6,000.00 6,000.00 6,000.00
Item 5b
47
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendments Amended Budget Actual Actual Budget
800-5143-65-00 Cell Phone Allowance 3,300.00 3,300.00 3,300.00
800-5145-65-00 Social Security Expense 15,500.00 15,500.00 1,022.37 257.54 6.60 14,477.63
800-5150-65-00 Medicare Expense 3,600.00 3,600.00 239.11 60.24 6.64 3,360.89
800-5155-65-00 SUTA Expense 650.00 650.00 225.98 27.47 34.77 424.02
800-5160-65-00 Health/Dental Insurance 20,000.00 20,000.00 3,362.40 458.00 16.81 16,637.60
800-5165-65-00 Dental Insurance 1,300.00 1,300.00 194.76 32.46 14.98 1,105.24
800-5170-65-00 Life Insurance 500.00 500.00 50.28 9.38 10.06 449.72
800-5175-65-00 Liability (TML)/Workers' Comp 550.00 550.00 17.93 4.39 3.26 532.07
800-5180-65-00 TMRS Expense 31,000.00 31,000.00 2,328.47 591.27 7.51 28,671.53
800-5185-65-00 Long/Short Term Disability 500.00 500.00 31.23 5.48 6.25 468.77
800-5186-65-00 WELLE-Wellness Prog Reimb-Empl 1,800.00 1,800.00 1,800.00
800-5189-65-00 Administrative Fees 15,000.00 15,000.00 7,500.00 1,250.00 50.00 7,500.00
800-5210-65-00 Supplies 2,500.00 2,500.00 191.01 7.64 2,308.99
800-5212-65-00 Building Supplies 500.00 500.00 40.91 8.18 459.09
800-5220-65-00 Office Equipment 2,500.00 10,000.00 12,500.00 10,348.34 69.23 82.79 2,151.66
800-5230-65-00 Dues,Fees,& Subscriptions 7,200.00 7,200.00 21,985.58 3,834.00 305.36 - 14,785.58
Item 5b
"A PLACE WHERE EVERYONE MATTERS"
Investment Portfolio Summary
January 1, 2017 - March 31, 2017
Prepared By
Betty Pamplin
Accounting Manager
Town of Prosper
Kelly Neal
Finance Director
Town of Prosper
Item 5c
Town of Prosper, Texas
Quarterly Investment Report -Town Portfolio
January 1, 2017 -March 31, 2017
Portfolio Summary Management Report
This quarterly report is in full compliance with the investment policy and strategy as established for the Town of Prosper, Texas,
and the Public Funds Investment Act (Chapter 2256, Government Code).
1/1/2017
Beginning Book Value:
Beginning Market Value:
Beginning Par Value:
WAM at Beginning Period Date
70,266,222
70,266,222
70,266,222
2 days
Average Yield to Maturity for Quarter
3/31/2017
Ending Book Value:
Ending Market Value:
Ending Par Value:
WAM at Ending Period Date
lncrease/(Decrease) in Investment Holdings
Market Value
0.753%
70,099,298
70,099,298
70,099,298
1 day
(166,924)
Item 5c
Page 2
TOWN OF PROSPER, TEXAS
INVENTORY HOLDING REPORT
03/31/17
ALL FUND TYPES EXCEPT EDC
Maturity Break
Bank Deposit 41,793,748
Subtotal - Cash 41,793,748 59.6%
TexPool Prime 14,083,694
TexStar 14,118,116
Subtotal - Pools 28,201,810 40.2%
Agencies, Treasuries, Muni Bonds & CD's
0-3 months 103,740
3-6 months 0
6-9 months 0
9-12 months 0
Subtotal - Other < 1 year 103,740 0.1%
1-2 years 0
2-3 years 0
> 3 years 0 0.06%
Subtotal - Other 1 or > 1 year 0 0.0%
Total 70,099,298 100.0%
Asset Diversification
Bank Deposit 41,793,748 59.6%
TexPool 14,083,694 20.1%
TexStar 14,118,116 20.1%
Certificate of Deposit 103,740 0.1%
Total 70,099,298 100.0%
-
5,000,000
10,000,000
15,000,000
20,000,000
25,000,000
30,000,000
35,000,000
40,000,000
45,000,000
Town of Prosper -Maturity Break
1 Day Liquidity
0
5,000,000
10,000,000
15,000,000
20,000,000
25,000,000
30,000,000
35,000,000
40,000,000
45,000,000
Bank Deposit TexPool TexStar Certificate of
Deposit
Town of Prosper -Security Type
Item 5c
Page 3
TOWN OF PROSPER, TEXAS
CURRENT INVESTMENT PORTFOLIO AS OF
March 31, 2017
ALL FUND TYPES (EXCEPT EDC) AS DEFINED IN TOWN'S INVESTMENT POLICY
PURCHASE DAYS DAYS TO
TYPE OF SETTLEMENT MATURITY HELD MATURITY WEIGHTED AVG WEIGHTED
CUSIP SECURITY PAR DATE DATE TERM 03/31/17 03/31/17 RATE % TOTAL MATURITY AVG. YIELD
Bank Deposit Cash 41,793,748 03/31/17 04/01/17 1 0 1 0.7500%59.62%0.596 0.45%
TexPool Prime Pool 14,083,694 03/31/17 04/01/17 1 0 1 0.9415%20.09%0.201 0.19%
TexStar Pool 14,118,116 03/31/17 04/01/17 1 0 1 0.5751%20.14%0.201 0.12%
CD 3000155 CD 103,740 06/14/15 06/14/17 731 656 75 0.6000%0.15%0.111 0.00%
70,099,298 734 656 78 100.00%1.110 0.75%
Item 5c
Page 4
Average Portfolio Yield:0.67%Average Portfolio Yield:0.75%
Average Portfolio Maturity (days):2 Average Portfolio Maturity (days):1
% Maturing within 3 months:99.9%% Maturing within 3 months:100.0%
Town of Prosper, Texas
Quarterly Portfolio Change
Cash
60%
Pools
40%
CD's
0%
Total Portfolio Assets as of 3/31/17 are
$70,099,298
Cash
75%
Pools
25%
CD's
0%
Total Portfolio Assets as of
1/1/2017 are $70,266,222
Item 5c
Page 5
TOWN OF PROSPER, TEXAS
QUARTERLY POSITION CHANGE REPORT
January 1, 2017 - March 31, 2017
PURCHASE BOOK VALUE MARKET VALUE
TYPE OF CURRENT SETTLEMENT MATURITY BEGINNING ENDING BEGINNING ENDING
CUSIP SECURITY PAR RATE DATE DATE 01/01/17 03/31/17 CHANGE 01/01/17 03/31/17 CHANGE
Cash Positions: Bank Cash Investments
Bank Deposit Cash 41,793,747 0.750%03/31/17 04/01/17 52,927,549 41,793,747 (11,133,802) 52,927,549 41,793,747 (11,133,802)
Subtotal Cash Positions 41,793,747 52,927,549 41,793,747 (11,133,802) 52,927,549 41,793,747 (11,133,802)
Cash Positions: Pooled Investments
TexPool Pool - 0.597%1/1/2016 1/1/2017 2,354,829 - (2,354,829) 2,354,829 - (2,354,829)
TexPool Prime Pool 14,083,694 0.942%01/01/17 04/01/17 - 14,083,694 14,083,694 - 14,083,694 14,083,694
TexStar Pool 14,118,116 0.575%01/01/16 04/01/17 14,880,257 14,118,116 (762,141) 14,880,257 14,118,116 (762,141)
Subtotal Pool Investments 28,201,811 17,235,086 28,201,811 10,966,724 17,235,086 28,201,811 10,966,724
Certificates of Deposit
CD 3000155 CD 103,740 0.45%06/14/15 06/14/17 103,587 103,740 153 103,587 103,740 153
Subtotal CD's 103,740 103,587 103,740 153 103,587 103,740 153
Grand Total 70,099,298 70,266,222 70,099,298 (166,925)70,266,222 70,099,298 (166,925)
Approximate Net Change in Cash Position for the Quarter:
Bond Proceeds received -$
General Fund revenue receipts 5,000,000
Tax Collections M&O 2,600,000
Tax Collections I&S 1,575,000
Utility revenue receipts 3,000,000
CIP Projects expenditures (4,250,000)
Operating expenditures (3,100,000)
Developer Reimbursements (575,000)
Debt Service Payments (4,409,450)
Net Change in Cash position (159,450)$
Item 5c
Page 1 of 1
To: Mayor and Town Council
From: Doug Kowalski, Chief of Police
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 9, 2017
Agenda Item:
Consider and act upon repealing existing Article 8.04, “Curfew for Minors,” of Chapter 8, “Offenses
and Nuisances,” of the Code of Ordinances and replacing it with a new Article 8.04, “Curfew for
Minors.”
Description of Agenda Item:
This item was initially discussed and approved at the February 25, 2014, Town Council meeting.
It became effective after its publication in the Town’s official newspaper. Section 370.002 of the
Texas Local Government Code provides that a curfew ordinance expires after three years and
must either be continued after a series of public hearings or adopted after the expiration of the
previously adopted curfew ordinance.
The intent of the curfew ordinance is to decrease juvenile crimes committed by persons under the
age of 17.
•Persons under the age of 17 are particularly susceptible to participate in unlawful activities and
to be victims of older perpetrators of crime due to their lack of maturity and experience.
•Having a curfew ordinance assists the Police Department in protecting minors from each other
and older persons, enforces parental control and responsibility for children, protects the
general public and reduces the incidents of juvenile criminal activities.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and legality.
Attached Documents:
1.Redline Version
2.Proposed Ordinance
Tow n Staff Recommendation:
Staff recommends adopting this Ordinance because it will continue to provide police with a tool to
utilize in instances where juveniles are out after the curfew hours.
Proposed Motion:
I move that existing Article 8.04, “Curfew for Minors,” of Chapter 8, “Offenses and Nuisances,” of
the Code of Ordinances be repealed and replaced with a new Article 8.04, “Curfew for Minors.”
Prosper is a place where everyone matters.
POLICE
Item 5d
TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-08
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING
EXISTING ARTICLE 8.04, “CURFEW FOR MINORS,” OF CHAPTER 8,
“OFFENCES AND NUISANCES,” OF THE CODE OF ORDINANCES OF THE
TOWN OF PROSPER, TEXAS, AND ADOPTING AND IMPLEMENTING A
JUVENILE CURFEW; A NEW ARTICLE 8.04, “CURFEW FOR MINORS”;
PROVIDING FOR DEFINITIONS, OFFENSES, DEFENSES TO
PROSECUTION, ENFORCEMENT, SEVERABILITY AND
SAVINGS/REPEALING CLAUSES, AND PENALTIES; PROVIDING AN
EFFECTIVE DATE AND TERMINATION PROVISION; AND PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), has
investigated and determined that there has been an increase in juvenile violence and crime by
persons under the age of seventeen in the Town of Prosper, Texas (“Prosper’’); and
WHEREAS, the Town Council has further investigated and determined that passage of
this Ordinance will promote the general welfare and protect the general public through the
reduction of juvenile crime and violence within Prosper; and
WHEREAS, the Town Council has further investigated and determined that persons
under the age of seventeen (17) are particularly susceptible by their lack of maturity and
experience to participate in unlawful activities and to be victims of older perpetrators of crime;
and
WHEREAS, the Town Council, on behalf of Prosper and its citizens, has an obligation to
provide for the protection of minors from each other and from other persons; for the enforcement
of parental control over and responsibility for children; for the protection of the general public;
and for the reduction of incidence of juvenile criminal activities; and
WHEREAS, the Town Council has further investigated and determined that its goals in
enacting this ordinance include, but are not limited to, the following: (1) reduceing the number of
juvenile crime victims; (2) reduceing injury accidents involving juveniles; (3) allow for reduced
time for officers related to juvenile crime activities and accidents; (4) provide a tool for dealing
with gang activity; (5) reduce juvenile peer pressure to stay out late; and (6) assist parents in the
control of their children; and
WHEREAS, the Town Council has further investigated and determined that it is in the
best interests of Prosper and its citizens to establish a curfew for those under the age of
seventeen (17) years, as set forth below, which will promote public health, safety and general
welfare; help attain the foregoing objectives; and diminish the undesirable impact of such conduct
on the citizens of Prosper; and
WHEREAS, the Town’s previous juvenile curfew ordinance, codified in Article 8.04,
“Curfew for Minors,” of Chapter 8, “Offenses and Nuisances,” of the Code of Ordinances of
REDLINE VERSION Item 5d
the Town of Prosper, Texas, has expired by its terms and as a consequence, this Ordinance
is adopted due to such prior ordinance’s expiration by law.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above findings are hereby found to be true and correct and are hereby
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2
From and after the effective date of this Ordinance, existing Article 8.04, “Curfew for
Minors,” of Chapter 8, “Offenses and Nuisances,” of the Code of Ordinances of the Town of
Prosper, Texas, is hereby repealed in its entirety and replaced with amended by adding a new
Article 8.04, “Curfew for Minors,” to read as follows:
“Sec. 8.04.001 Definitions
For purposes of this article, the following terms shall apply:
Curfew hours mean 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday
until 6:00 a.m. of the following day; and 1:0112:01 a.m. until 6:00 a.m. on any Saturday or
Sunday.
Emergency means an unforeseen combination of circumstances or the resulting state that calls
for immediate action. The term shall include but not be limited to fire, natural disaster, and an
automobile accident, or any situation requiring immediate action to prevent serious bodily injury
or loss of life.
Establishment means any privately-owned place of business operated for a profit to which the
public is invited, including, but not limited to, any place of amusement or entertainment.
Guardian means any person to whom custody of a juvenile has been given by a court.
Juvenile means any person less than seventeen (17) years of age.
Operator means any individual, firm, association, partnership, or corporation operating,
managing, or conducting an establishment. The term includes the members or partners of any
association or partnership and the officers of the corporation.
Parent means a person who is the natural or adoptive parent of a person, to include a court
appointed guardian or other person eighteen (18) years or older, authorized by the parent, by a
REDLINE VERSION Item 5d
court order, or by the court, or by the court appointed guardian to have the care and custody of
a person.
Public place means any place to which the public or a substantial group of the public has access
and includes, but is not limited to, streets, highways, sidewalks, parks and the common areas of
schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
Remain means to linger, stay, walk, run, stand, drive or ride; or fail to leave premises when
requested to do so by a police officer or the owner, operator, or other person in control of the
premises.
Town means the Town of Prosper, Texas.
REDLINE VERSION Item 5d
Sec. 8.04.002 Offenses
(a)A juvenile commits an offense if the juvenile remains in any public place or on the
premises of an establishment within the town during curfew hours.
(b)A parent or guardian of a juvenile commits an offense if such person knowingly permits,
or by insufficient control allows, the juvenile to purposefully remain, walk, run, stand, drive, or
ride about in or upon any public place or on the premises of any establishment within the town
during curfew hours.
(c)The owner, operator, or any employee of an establishment within the town commits an
offense if such person knowingly allows a juvenile to remain upon the premises of the
establishment during curfew hours.
Sec. 8.04.003 Defenses to prosecution
(a)It is a defense to prosecution under section 8.04.002(a) that the juvenile was:
(1)Accompanied by the juvenile’s parent or guardian;
(2)On an errand at the direction of the juvenile’s parent or guardian, without any
detour or stop;
(3)In a motor vehicle involved in interstate travel;
(4)Engaged in an employment activity, or going to or returning home from an
employment activity, without any detour or stop;
(5)Involved in an emergency;
(6)On the sidewalk abutting the juvenile’s residence or abutting the residence of a
next-door neighbor if the neighbor did not complain to the police department
about the juvenile’s presence;
(7)Attending an official school, religious, or other recreational activity supervised by
adults and sponsored by the town; a civic organization, or another similar entity
that takes responsibility for the juvenile, or going to or returning home from,
without detour or stop, an official school, religious, or other recreational activity
REDLINE VERSION Item 5d
supervised by adults and sponsored by the town, a civic organization, or another
similar entity that takes responsibility for the juvenile;
(8)Exercising First Amendment rights protected by the United States Constitution; or
(9)Married or had been married or had disabilities of minority removed in accordance
with V.C.T.A., Family Code chapter 31, as amended.
(b)It is a defense to prosecution under section 8.04.002(c) that the owner, operator, or
employee of an establishment promptly notified the police department that a juvenile was present
on the premises of the establishment during curfew hours and refused to leave.
Sec. 8.04.004 Enforcement
Before taking any enforcement action under this article, a police officer shall ask the apparent
offender’s age and reason for being in the public place. The officer shall not issue a citation or
make an arrest under this article unless the officer reasonably believes that an offense has
occurred and that based on any response and other circumstances, no defense in section
8.04.003 is present.
Sec. 8.04.005 Penalties
(a)A person who violates a provision of this article is guilty of a separate offense for each
day or part of a day during which the violation is committed, continued, or permitted. Each
offense, upon conviction, is punishable by a fine not to exceed five hundred dollars ($500.00).
(b)When required by V.T.C.A., Family Code section 51.08, as amended, the municipal
court shall waive original jurisdiction over a juvenile who violates section 8.04.002(a) of this
article and shall refer the juvenile to juvenile court.”
SECTION 3
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
Council 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 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation
of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced
REDLINE VERSION Item 5d
for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 5
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of Five Hundred Dollars ($500.00), and each and every day such violation shall continue
shall constitute a separate offense.
SECTION 6
This Ordinance shall become effective from and after its passage and publication and will
expire three years from its effective date, unless sooner terminated or extended by ordinance.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 25TH DAY OF FEBRUARY, 2014.
___________________________________
Ray Smith, Mayor
ATTEST:
____________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Terrence S. Welch, Town Attorney
REDLINE VERSION Item 5d
TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, REPEALING EXISTING ARTICLE 8.04, “CURFEW
FOR MINORS,” OF CHAPTER 8, “OFFENSES AND NUISANCES,” OF THE
CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, AND
ADOPTING A NEW ARTICLE 8.04, “CURFEW FOR MINORS”; PROVIDING
FOR DEFINITIONS, OFFENSES, DEFENSES TO PROSECUTION,
ENFORCEMENT, SEVERABILITY AND SAVINGS/REPEALING
CLAUSES, AND PENALTIES; PROVIDING AN EFFECTIVE DATE AND
TERMINATION PROVISION; AND PROVIDING FOR THE PUBLICATION
OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), has
investigated and determined that there has been an increase in juvenile violence and crime by
persons under the age of seventeen (17) in the Town of Prosper, Texas (“Prosper’’); and
WHEREAS, the Town Council has further investigated and determined that passage of
this Ordinance will promote the general welfare and protect the general public through the
reduction of juvenile crime and violence within Prosper; and
WHEREAS, the Town Council has further investigated and determined that persons
under the age of seventeen (17) are particularly susceptible by their lack of maturity and
experience to participate in unlawful activities and to be victims of older perpetrators of crime;
and
WHEREAS, the Town Council, on behalf of Prosper and its citizens, has an obligation
to provide for the protection of minors from each other and from other persons; for the
enforcement of parental control over and responsibility for children; for the protection of the
general public; and for the reduction of incidence of juvenile criminal activities; and
WHEREAS, the Town Council has further investigated and determined that its goals in
enacting this ordinance include, but are not limited to, the following: (1) reducing the number of
juvenile crime victims; (2) reducing injury accidents involving juveniles; (3) allow for reduced
time for officers related to juvenile crime activities and accidents; (4) provide a tool for dealing
with gang activity; (5) reduce juvenile peer pressure to stay out late; and (6) assist parents in
the control of their children; and
WHEREAS, the Town Council has further investigated and determined that it is in the
best interests of Prosper and its citizens to establish a curfew for those under the age of
seventeen (17) years, as set forth below, which will promote public health, safety and general
welfare; help attain the foregoing objectives; and diminish the undesirable impact of such
conduct on the citizens of Prosper; and
WHEREAS, the Town’s previous juvenile curfew ordinance, codified in Article 8.04,
“Curfew for Minors,” of Chapter 8, “Offenses and Nuisances,” of the Code of Ordinances of
the Town of Prosper, Texas, has expired by its terms and as a consequence, this
Ordinance is adopted due to such prior ordinance’s expiration by law.
Item 5d
Ordinance No. 17-__, Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above findings are hereby found to be true and correct and are hereby
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2
From and after the effective date of this Ordinance, existing Article 8.04, “Curfew for
Minors,” of Chapter 8, “Offenses and Nuisances,” of the Code of Ordinances of the Town of
Prosper, Texas, is hereby repealed in its entirety and replaced with a new Article 8.04,
“Curfew for Minors,” to read as follows:
“ARTICLE 8.04 CURFEW FOR MINORS
Sec. 8.04.001 Definitions
For purposes of this article, the following terms shall apply:
Curfew hours mean 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday
until 6:00 a.m. of the following day; and 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.
Emergency means an unforeseen combination of circumstances or the resulting state that calls
for immediate action. The term shall include but not limited to fire, natural disaster, and an
automobile accident, or any situation requiring immediate action to prevent serious bodily injury
or loss of life.
Establishment means any privately-owned place of business operated for a profit to which the
public is invited, including but not limited to any place of amusement or entertainment.
Guardian means any person to whom custody of a juvenile has been given by a court.
Juvenile means any person less than seventeen (17) years of age.
Operator means any individual, firm, association, partnership, or corporation operating,
managing, or conducting an establishment. The term includes the members or partners of any
association or partnership and the officers of the corporation.
Parent means a person who is the natural or adoptive parent of a person, to include a court
appointed guardian or other person eighteen (18) years or older, authorized by the parent, by a
court order, or by the court, or by the court appointed guardian to have the care and custody of
a person.
Public place means any place to which the public or a substantial group of the public has
access and includes, but is not limited to, streets, highways, sidewalks, parks and the common
areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
Item 5d
Ordinance No. 17-__, Page 3
Remain means to linger, stay, walk, run, stand, drive or ride; or fail to leave premises when
requested to do so by a police officer or the owner, operator, or other person in control of the
premises.
Town means the Town of Prosper, Texas.
Sec. 8.04.002 Offenses
A juvenile commits an offense if the juvenile remains in any public place or on the premises of
an establishment within the town during curfew hours.
(a)A parent or guardian of a juvenile commits an offense if such person knowingly permits,
or by insufficient control allows, the juvenile to purposefully remain, walk, run, stand, drive, or
ride about in or upon any public place or on the premises of any establishment within the town
during curfew hours.
(b)The owner, operator, or any employee of an establishment within the town commits an
offense if such person knowingly allows a juvenile to remain upon the premises of the
establishment during curfew hours.
Sec. 8.04.003 Defenses to prosecution
(a)It is a defense to prosecution under section 8.04.002(a) that the juvenile was:
(1)Accompanied by the juvenile’s parent or guardian;
(2)On an errand at the direction of the juvenile’s parent or guardian, without any
detour or stop;
(3)In a motor vehicle involved in interstate travel;
(4)Engaged in an employment activity, or going to or returning home from an
employment activity, without any detour or stop;
(5)Involved in an emergency;
(6)On the sidewalk abutting the juvenile’s residence or abutting the residence of a
next-door neighbor if the neighbor did not complain to the police department
about the juvenile’s presence;
(7)Attending an official school, religious, or other recreational activity supervised by
adults and sponsored by the town; a civic organization, or another similar entity
that takes responsibility for the juvenile, or going to or returning home from,
without detour or stop, an official school, religious, or other recreational activity
supervised by adults and sponsored by the town, a civic organization, or another
similar entity that takes responsibility for the juvenile;
(8)Exercising First Amendment rights protected by the United States Constitution; or
Item 5d
Ordinance No. 17-__, Page 4
(9)Married or had been married or had disabilities of minority removed in
accordance with V.C.T.A., Family Code chapter 31, as amended.
(b)It is a defense to prosecution under section 8.04.002(c) that the owner, operator, or
employee of an establishment promptly notified the police department that a juvenile was
present on the premises of the establishment during curfew hours and refused to leave.
Sec. 8.04.004 Enforcement
Before taking any enforcement action under this article, a police officer shall ask the apparent
offender’s age and reason for being in the public place. The officer shall not issue a citation or
make an arrest under this article unless the officer reasonably believes that an offense has
occurred and that based on any response and other circumstances, no defense in section
8.04.003 is present.
Sec. 8.04.005 Penalties
(a)A person who violates a provision of this article is guilty of a separate offense for each
day or part of a day during which the violation is committed, continued, or permitted. Each
offense, upon conviction, is punishable by a fine not to exceed five hundred dollars
($500.00).
(b)When required by V.T.C.A., Family Code section 51.08, as amended, the municipal
court shall waive original jurisdiction over a juvenile who violates section 8.04.002(a) of this
article and shall refer the juvenile to juvenile court.”
SECTION 3
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 Council 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 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to
the extent they are in conflict; but such repeal shall not abate any pending prosecution for
violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being
commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining
portions of said ordinances shall remain in full force and effect.
SECTION 5
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of Five Hundred Dollars ($500.00), and each and every day such violation shall continue
shall constitute a separate offense.
Item 5d
Ordinance No. 17-__, Page 5
SECTION 6
This Ordinance shall become effective from and after its passage and publication and
will expire three (3) years from its effective date, unless sooner terminated or extended by
ordinance.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 9TH DAY OF MAY, 2017.
___________________________________
Ray Smith, Mayor
ATTEST:
____________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Terrence S. Welch, Town Attorney
Item 5d
Page 1 of 5
To: Mayor and Town Council
From: Alex Glushko, AICP, Senior Planner
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 9, 2017
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to amend Planned
Development-66 (PD-66), on 902.6± acres, in order to modify the residential architectural
requirements, generally located south of Prosper Trail, north of First Street, west of Dallas
Parkway and east of Legacy Drive. (Z17-0003).
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-66-
Residential and Retail
Undeveloped and
Residential Under
Construction (Star
Trail)
Low Density Residential,
Medium Density
Residential, Retail &
Neighborhood Services,
Tollway District
North
Unincorporated, Agricultural,
Planned Development-60-
Residential, Planned
Development-75-Office and
Retail, and Commercial
Corridor
Undeveloped,
Residential, Daystar
Landscaping
Low Density Residential,
Medium Density
Residential, Tollway
District
East Agricultural, and Planned
Development-33-Office Undeveloped Tollway District
South
Planned Development-14-
Residential and Retail, Retail,
Agricultural, Planned
Development-41-Mixed Use,
and Commercial Corridor
Undeveloped
Medium Density
Residential, Tollway
District
Prosper is a place where everyone matters.
PLANNING
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Page 2 of 5
West
Single Family-12.5,
Unincorporated, and
Agricultural
Undeveloped,
Unincorporated
(Artesia)
High Density Residential,
Medium Density
Residential
The purpose of the proposed PD amendment is to modify the architectural requirements for the
Star Trail subdivision, specifically regarding roof pitch, garage, and fence requirements.
For reference, Star Trail currently includes four lot types, as follows:
• Type A Lot: Minimum 6,875 square feet
• Type B Lot: Minimum 8,125 square feet
• Type C Lot: Minimum 10,260 square feet
• Type D Lot: Minimum 11, 610 square feet
The proposed redlined standards are attached for reference. The general requested
modifications are outlined in the following table:
Regarding Current PD Standards Proposed PD Standards
Setbacks
“Minimum 15 feet”
For Type A lots
For consistency with the wording for the other
lot types in the rest of the PD:
“Minimum 15 feet for the side adjoining a street”
Roof Pitch
No standard for Type A & B lots
– defaults to Town standards: -
Min. 65% of roof at 8:12 pitch,
and min. 75% of roof at 3:12
pitch for clay, cement, slate or
metal roofs
For Type C & D lots: Min. 10:12
roof pitch
Minimum main roof pitch of 8:12 for
composition and slate roofs
Minimum 3:12 roof pitch for clay tile or
cement/concrete tile roofs
Gutters required
Garages
Requires three of the following
four elements:
1) Single garage doors
2) Cedar clad garage doors
3) Cedar trim garage doors
4) Carriage style garage doors
with ornamental hardware
Prohibits traditional steel garage doors and
requires material giving the appearance of a
real wood (see attached examples of proposed
doors)
Permits single or double doors.
Requires two of the following elements:
1) For single doors, must be separated by a
masonry column.
2) Garage doors may be “carriage style door”
designs giving the appearance of a classic
swing-open design with the flexibility of an
overhead door operation.
3) Doors may incorporate decorative hardware.
4) Doors may incorporate windows.
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Page 3 of 5
Fencing
Lots backing or siding open
space or park shall have
minimum 4’ decorative metal
fencing
Corner lots adjacent to a street
require 18” masonry columns at
21 feet on center
Other fencing shall be cedar
Lots backing or siding land designated by plat
as public park or public hike and bike trail shall
have minimum 4’ decorative metal fencing.
Other fencing shall be masonry, decorative
metal, or cedar. Masonry fencing shall only be
permitted adjacent to HOA lots
Side yard fencing for corner lots adjacent to a
street shall be either decorative metal or cedar
board-on-board with masonry columns 21’ OC
Staff’s responses to the proposed amendments are as follows:
1. Roofs – The PD currently requires 10:12 minimum roof pitches for Type C and D lots only, while
Type A and B lots default back to the Town’s standard 8:12 minimum standard. The applicant is
proposing to allow for a minimum 8:12 roof pitch, as well as to allow for 3:12 minimum roof
pitches for clay tile roof, for all lot types. The proposed standards are consistent with the updated
residential design standards that were adopted by the Town in 2015, and will allow the builders
greater flexibility with regard to architectural design and style of the homes.
2. Garages – The PD currently requires three of four criteria are met, which result in primarily single
cedar clad garages. The applicant has expressed concern with the current options and is
proposing to revise the standards to prohibit the use of standard metal doors, to require doors to
look like wood, and to revise the optional criteria. The proposed options would allow for a
diversity of garage types and designs that will continue to result in the appearance of wooden
doors. The applicant has provided examples of the proposed garages styles, which have been
attached for reference.
3. Fencing – The PD currently requires any fencing on a lot siding or backing to a HOA lot to be
constructed of wrought iron. Because the developer has voluntarily provided an oversized
parkway (area between the private lot and travel lanes) on several roadways, many private
narrow HOA common area lots have resulted, which side or back to single family lots and require
open fencing. Without the voluntary parkway and resulting common area adjacent to the
residential lots, wood, masonry, or wrought iron fencing would be permitted. The applicant is
proposing to only require wrought iron for areas adjacent to public areas (parks and hike and bike
trails), and is requiring the other fencing to be either masonry, wrought iron, or cedar.
The following exhibits are for informational purposes only, in order to illustrate what would be
permitted should the rezoning request be approved. These exhibits are illustrative only and are
not proposed to be included with the PD request:
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Staff believes the nature of this request is reasonable, that the proposed development
standards are in keeping with the Town’s minimum requirements, and recommends approval of
the amendment as submitted.
Future Land Use Plan – The Future Land Use Plan recommends Low Density Residential,
Medium Density Residential, Retail & Neighborhood Services, and Tollway District for the
property; the proposed amendment conforms to the Future Land Use Plan.
Thoroughfare Plan – The property has direct access to existing Prosper Trail, an ultimate four-
lane divided thoroughfare, Legacy Drive, an ultimate six-lane divided thoroughfare, First Street,
ultimate four-lane divided thoroughfare, and Dallas Parkway, a major thoroughfare. The zoning
exhibit complies with the Thoroughfare Plan.
Water and Sanitary Sewer Services – Water and sanitary sewer services have been extended
to the property.
Access – The property currently has access from Prosper Trail and Dallas Parkway. Adequate
access is provided to the property.
Schools – This property is served by the Prosper Independent School District. A school site has
tentatively been identified on the subject property.
Parks – Town park land has been identified on the subject property.
Environmental Considerations – Floodplain currently exists on this site.
Legal Obligations and Review:
Notification was provided to neighboring property owners, as required by state law. Town staff
has received two Public Hearing Notice Reply Forms; neither in opposition to the request.
Attached Documents:
1. Location and Zoning Maps
2. Proposed Exhibit C, Excerpt of PD-66
3. Request Letter
4. Proposed Style of Garage Doors
5. Public Hearing Notice Reply Forms
Planning & Zoning Commission Recommendation:
At their April 18, 2017, meeting, the Planning & Zoning Commission recommended the Town
Council approve the request, by a vote of 6-0.
Town Staff Recommendation:
Town staff recommends the Town Council approve the request to amend Planned
Development-66 (PD-66), on 902.6± acres, in order to modify the residential architectural
requirements, generally located south of Prosper Trail, north of First Street, west of Dallas
Parkway and east of Legacy Drive.
Proposed Motion:
I move to approve the request to amend Planned Development-66 (PD-66), on 902.6± acres, in
order to modify the residential architectural requirements, generally located south of Prosper
Trail, north of First Street, west of Dallas Parkway and east of Legacy Drive.
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Item 7
Excerpt of PD-66
EXHIBIT “C”
Development Standards for StarTrail, Town of Prosper, Texas
Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as
otherwise set forth in these Development Standards, the regulations of the Town’s Zoning
Ordinance (as it currently exists or may be amended) and Subdivision Ordinance (as it
currently exists or may be amended) shall apply.
I. Amenity Program
A. General. As a master planned community, Star Trail will have a programmed and
qualitatively controlled system of amenities throughout. These amenities combine to
create an overall sense of place that would be difficult to achieve when considered as
independent elements within smaller developments. The community amenities that
are addressed within these Development Standards are:
• Primary Community Entries
• Secondary Community Entries
• Neighborhood Entries
• Thoroughfare Landscape Buffers
• Community Amenity Center
• Floodplain / Greenway Parks
• Neighborhood Parks
• Pocket Parks
• Hike and Bike Trails
B. Primary Community Entries
1. Major points of entry into StarTrail (including at least one entry along Prosper Trail,
one along Legacy Drive and one off the DNT service road) will be defined with a
combination of monument signage, landscape and lighting to create a sense of
arrival commensurate in scale and character with a 800+ acre master planned
community (see representative examples below). These entries will include:
Community name / logo incorporated into monument signage element, to be
constructed of masonry or similar material;
Enhanced landscape, including seasonal color, shrubs, groundcover,
perennials and unique combinations of both canopy and ornamental trees;
Enhanced lighting on the monument / signage and the unique aspects of the
landscape;
Water will be considered as an accent feature if land and topography permit,
and if compatible with the overall physical design theme for the community.
2. Primary entries will be developed to incorporate both sides of the entry roadway
when both are contained within Star Trail, and will also include enhancements to
the median in the immediate area (where / if applicable). Landscape easements
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will be provided to ensure adequate space to provide for visibility triangle(s) and
adequate development of entry design.
C. Secondary Entries
1. Secondary Community Entries will be similar to primary community entries in
their use of compatible building and landscape materials, but will be smaller in
scale and land area. They will occur at the outside edges of Star Trail, at the
entries for either arterials or collectors into the community. It is anticipated that a
minimum of three secondary entries will be provided for the community, primarily
along Legacy Drive (see representative examples below). Secondary community
entries will include the following elements, scaled slightly smaller than the primary
entries:
• Community name / logo incorporated into monument signage element, to be
constructed of masonry or similar material;
• Enhanced landscape, including seasonal color, shrubs, groundcover,
perennials and unique combinations of both canopy and ornamental trees;
• Enhanced lighting on the monument / signage and the unique aspects of the
landscape;
• Center median to allow for more landscape density and also provide alternative
location for neighborhood identification and way-finding graphics;
• Landscape easements where required to accommodate enhanced landscape
and monument construction.
2. Neighborhood Village Entries. Internal to Star Trail and along both arterials and
collectors, points of intersection will be enhanced to denote entries into individual
‘villages’ or neighborhoods. These entries will resemble primary and secondary
entries in their use of materials and landscape, but will also incorporate village or
neighborhood names and will contribute to a unique, community-wide system of
visual “way finding.”
D. Thoroughfare Landscape Buffers (Arterial and Collector Roads) Thoroughfares
will provide a continuity of design from primary and secondary points of community
entry throughout the entirety of Star Trail. These thoroughfares and the adjacent
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landscape buffers will be designed and constructed to meet the standards outlined in
the Town of Prosper Subdivision Ordinance.
E. Community Amenity Program
1. Villages of StarTrail Community Centers
A minimum of one Community Amenity Center shall be developed within the
Villages of Star Trail, on the property east of Legacy Drive, providing a range of
more active, family oriented activities in a ‘resort’ style environment (see
representative examples below). This facility will be private, designated for the
use of property owners and their guests. Maintenance of the Center will be
provided by a Homeowner’s Association (HOA). This facility will be centrally
located along the main neighborhood road with linkage to the community’s trail
system. This primary Community Amenity Center will be completed along with the
initial phase of residential development east of Legacy Drive and provide the
“centerpiece” recreational amenity for the entire community.
One additional Neighborhood Amenity Center will be constructed when the villages
west of Legacy Drive are developed.
The intended Community Amenity Program shall include elements from the
following list:
• Active adult and children’s pools;
• Paved and turf chaise areas;
• Community building, with interior and exterior spaces programmed for
resident and HOA uses, including possible inclusion of a kitchen, community
room, meeting room(s), fitness room, and storage area(s);
• Restrooms (in the community building and possibly additionally at the pool
area(s);
• Covered picnic pavilion with grilling equipment;
• Convenience parking (quantity to be determined based upon code
compliance);
• Children’s playground facility(s);
• Sport court(s);
• Trailhead linkages to the floodplain / greenway parks.
2. Open Space and Trails
Star Trail shall include a minimum of 70 acres of open, flood plain corridors through
the property. These areas will be enhanced with landscaping and could potentially
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include additional water features, such as ponds and fountains that contribute to
the overall storm drainage system and provide enhanced value to the community.
All of these corridors shall be interconnected with a series of paths and trails, with
an overall hike / bike trail system throughout. Following are the key components
of this system of open space through the community:
Master hike / bike trail – minimum 8’ in width – concrete or other material
approved by the Town – linking all neighborhoods, schools and amenities;
Secondary paths and trails – minimum 6’ in width – concrete or ‘soft’ surface
(decomposed granite, crushed fines) is permitted for HOA maintained trails–
providing secondary linkages and ‘spur’ connections to the hike / bike trail
system;
Native preservation areas in locations of most desirable existing vegetation;
Trailhead locations at community amenity sites.
Ponds and water features in open areas where impacts to existing vegetation
will not be an issue and storm drainage requirements can be enhanced.
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3. Public Community Park and Neighborhood Parks
The Villages of Star Trail will include a minimum of 53.4 acres to be dedicated for
public use as a community park and neighborhood parks.
a. One approximately 30.9 acre site shall be dedicated to the Town for a
Community Park. This park will allow for the construction of lighted sports
fields at the discretion and expense of the Town of Prosper Parks Department.
This site shall be in the location as indicated on Exhibit D, east of Legacy, south
of the creek, on the north side of Fishtrap Road.
b. Three additional neighborhood parks, approximately 7.5 acres each, shall be
dedicated to the Town of Prosper as a complementary component of the Star
Trail amenities program, including consideration of alternative uses, and the
use of compatible materials (hardscape, landscape and, if included, lighting).
These parks are to be integrated within the open space system as well as the
neighborhoods that they serve. One neighborhood park will be located west
of Legacy and two will be located east of Legacy.
Neighborhood parks may include features and elements from the following list
of amenities;
• Open play fields (non-lit);
• Sport courts;
• Covered pavilion or shade structure;
• Children’s playgrounds;
4. Private Open Space
Additional components of the StarTrail amenities program are “small, private open
spaces” throughout the development. These areas will be HOA maintained and
allow for:
• The provision of valuable open space in adjacency to homes;
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• The insurance of one-quarter mile resident walks to a component of the open
space system;
• The creation of additional passive and moderately active recreational
opportunities, including:
open play areas;
neighborhood playgrounds;
small neighborhood gathering spaces.
II. Single-Family Residential Tracts
A. General Description: This property may develop, under the standards for SF-10 as
contained in the Town’s Zoning Ordinance as it exists or may be amended, as front
entry lot product subject to the specific provisions contained herein below. There will
be no alley-served lots within the property.
B. Density: The maximum number of single family detached dwelling units for this PD is
1,870. This equates to an overall gross density of 2.47 units per acre.
C. Lot Types: The single family detached lots developed within the Properties shall be
in accordance with the following Lot Types:
Type A Lots: Minimum 6875 square foot lots
Type B Lots: Minimum 8125 square foot lots
Type C Lots: Minimum 10260 square foot lots
Type D Lots: Minimum 11610 square foot lots
D. Area and building regulations:
1. Type A Lots: The area and building standards for Type A Lots are as
follows and as set forth in Table 1:
(a) Minimum Lot Size. The minimum lot size for Type A Lots shall be six
thousand eight hundred seventy-five (6875) square feet. A typical lot
will be 55’ x 125’, but may vary as long as the requirements in Table 1
are accommodated.
(b) Minimum Lot Width. The minimum lot width for Type A Lots shall be
fifty-five (55) feet, as measured at the front setback, except for lots
located at the terminus of a cul-de-sac, curve or eyebrow which may
have a minimum width of forty-five (45) feet at the front setback
provided all other requirements of this section are met.
(c) Minimum Yard Setbacks.
(1) Minimum Frontyard Setback: The minimum frontyard setback for
Type A Lots shall be twenty-five (25) feet.
(2) Minimum Sideyard Setback: The minimum sideyard setback for
Type A Lots shall be seven (7) feet. For corner lots adjoining a
street, the minimum sideyard setback shall be fifteen (15) feet on
the side adjacent the street.
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(3) For corner lots, the minimum sideyard setback shall be fifteen (15)
feet.
(4) Minimum Rearyard Setback: The minimum rearyard setback
shall be twenty-five (25) feet.
(5) Permitted Encroachment. Architectural features and porches
may encroach into required front and rear yards up to five (5) feet.
Swing-in garages may encroach into required front yards up to ten
(10) feet. Front facing garages are permitted to extend to the front
façade of the main structure, but may not encroach into the required
front yard.
(d) Minimum Floor Space. Each one story dwelling constructed on a Type
A Lot shall contain a minimum of one thousand, eight hundred (1800)
square feet of floor space; two story dwellings shall be a minimum of
two thousand (2000) square feet. Floor space shall include air-
conditioned floor areas, exclusive of porches, garages, patios, terraces
or breezeways attached to the main dwelling
(e) Height. The maximum height for structures on Type A Lots shall be
forty (40) feet.
(f) Driveways. Driveways fronting on a street on Type A Lots shall be
constructed of any of the following materials: colored concrete, brick
pavers, stone, interlocking pavers, stamped concrete, salt finish
concrete, concrete with stone or brick border OR any other treatment
as approved by the Director of Development Services.
No broom finish concrete driveways will be allowed.
(g) Exterior Surfaces. The exterior facades of a main building or
structure, excluding glass windows and doors, shall be constructed of
one hundred (100) percent masonry. Cementatious fiber board is
considered masonry, but may only constitute thirty (30) percent of the
area for stories other than the first story. However, cementatious fiber
board may not be used as a façade cladding material for portions of
upper stories that are in the same vertical plane as the first story.
Cementatious fiber board may also be used for architectural features,
including window box-outs, bay windows, roof dormers, garage door
headers, columns, chimneys not part of an exterior wall, or other
architectural features approved by the Building Official.
No cementatious fiber board or any other siding material will be allowed
on any front elevation nor on any side/rear elevation which is visible
from an adjacent community street, common area, open space, park or
perimeter.
(h) Windows. All window framing shall be bronzed, cream, sand or white
anodized aluminum, vinyl or wood.
Item 7
(i) Roofing. Structures constructed on the Type A Lots shall have a
composition, slate, clay tile or cement/concrete tile roof.
The color of any composition roof must appear to be weathered wood
shingles, black or slate.
Composition roof shingles must be laminated and have a minimum
warranty of 30 years.
The main roof pitch of any structure shall have a minimum slope of 8”
in 12” except for clay tile and cement/concrete tile roofs which shall
have a minimum slope of 3” in 12”. Pitch ends shall be 100% guttered.
(j) Garages.
(1) Homes shall have a minimum of two (2) car garages but no more
than three (3). No carports shall be permitted.
(2) Homes with three (3) garages shall not have more than two (2)
garage doors facing the street.
(3) No standard, traditional steel garage doors, painted or stained, will
be allowed on any lot in Star Trail.
(4) Doors must be constructed of a material that gives the appearance
of a real wood door when viewed from any community street.
Materials may consist of paint or stain grade wood (Cedar, Ash,
Hemlock, etc.) or other material, including fiberglass or steel, that
when stained or painted gives the appearance of a real wood door.
(5) Doors may be single or double wide doors.
(6) Additionally, two of the following upgrades must be incorporated:
(a) If single doors, doors must be separated by a masonry column.
(b) Garage doors may be “carriage style door” designs giving the
appearance of a classic swing-open design with the flexibility of
an overhead door operation.
(c) Doors may incorporate decorative hardware.
(d) Doors may incorporate windows.
(7) All garage doors shall incorporate three (3) of the following details:
(a) Single garage doors separated by column (in place of one
double garage door)
(b) Cedar clad garage doors
(c) Cedar trim garage doors
Item 7
(d) Carriage style doors with ornamental hardware
(k) Plate Height. Each structure on a Type A Lot shall have a minimum
principal plate height of 9’ on the first floor.
(l) Fencing. Fences, walls and/or hedges on Type A Lots shall be
constructed to meet the following guidelines.
(1) All Type A Lots backing or siding to land designated by plat as
public park or public hike and bike trail shall have a decorative metal
fence, minimum 4 foot in height, abutting said public area. All Type
A Lots backing or siding to Open Space or park land shall have a
decorative metal fence, minimum 4 foot in height, abutting said
Open Space or park land.
(2) All other Type A lot fencing shall be constructed of masonry,
decorative metal or cedar. All cedar fencing will be built with a top
rail and shall be supported with galvanized steel posts, 8 foot OC.
A common fence stain color as well as fence detail shall be
established for the community by the developer.
(3) Solid masonry fencing shall only be allowed on lots adjacent to or
abutting HOA-owned common area lots. Corner lots adjacent to a
street require 18” masonry columns be placed at 21 feet OC.
(4) Type A corner lots adjacent to a street shall be constructed of either
decorative metal or cedar board-on-board along the sideyard
adjoining the street with masonry columns, per developer
guidelines, placed at 21 feet OC.
(5) No fencing shall extend beyond a point ten feet (10’) behind the
front wall plane of the structure into the front yard.
(m) Landscaping.
(1) Corner lots adjacent to a street require additional trees be planted
in the side yard @ 30 feet OC.
(2) The front, side and rear yard must be fully sodded with grass and
irrigated by an ET irrigation system.
(n) Accessory Structures. Accessory structures used as a garage, a
garage apartment, or guest house, will not be allowed.
2. Type B Lots: The area and building standards for Type B Lots are as follows
and as set forth in Table 1:
(a) Minimum Lot Size. The minimum lot size for Type B Lots shall be
eight thousand one hundred twenty five (8125) square feet. A typical
lot will be 65’ x 125’, but may vary as long as the requirements in Table
1 are accommodated.
Item 7
(b) Minimum Lot Width. The minimum lot width for Type B Lots shall be
sixty-five (65) feet as measured at the front setback, except for lots
located at the terminus of a cul-de-sac, curve or eyebrow which may
have a minimum width of fifty-five (55) feet at the front setback provided
all other requirements of this section are met.
(c) Minimum Yard Setbacks.
(1) Minimum Frontyard Setback: The minimum frontyard setback for
Type B Lots shall be twenty-five (25) feet.
(2) Minimum Sideyard Setback: The minimum sideyard setback for
Type B Lots shall be seven (7) feet. For corner lots adjoining a
street, the minimum sideyard setback shall be fifteen (15) feet on
the side adjacent the street.
(3) Minimum Rearyard Setback: The minimum rearyard setback
shall be twenty-five (25) feet.
(4) Permitted Encroachment. Architectural features and porches
may encroach into required front and rear yards up to five (5) feet.
Swing-in garages may encroach into required front yards up to ten
(10) feet. Front facing garages are permitted to extend to the front
façade of the main structure, but may not encroach into the required
front yard.
(d) Minimum Floor Space. Each single story dwelling constructed on a
Type B Lot shall contain a minimum of two thousand three hundred
(2300) square feet of floor space; two story dwellings shall contain a
minimum of two thousand six hundred fifty (2650) square feet of floor
space. Floor space shall include air-conditioned floor areas, exclusive
of porches, garages, patios, terraces or breezeways attached to the
main dwelling.
(e) Height. The maximum height for structures on Type B Lots shall be
forty (40) feet.
(f) Driveways. Driveways fronting on a street on Type B Lots shall be
constructed of any of the following materials: colored concrete, brick
pavers, stone, interlocking pavers, stamped concrete, salt finish
concrete, concrete with stone or brick border OR any other treatment
as approved by the Director of Development Services
No broom finish concrete driveways will be allowed.
(g) Exterior Surfaces. The exterior facades of a main building or
structure, excluding glass windows and doors, shall be constructed of
one hundred (100) percent masonry. Cementatious fiber board is
considered masonry, but may only constitute thirty (30) percent of the
area for stories other than the first story. However, cementatious fiber
board may not be used as a façade cladding material for portions of
Item 7
upper stories that are in the same vertical plane as the first story.
Cementatious fiber board may also be used for architectural features,
including window box-outs, bay windows, roof dormers, garage door
headers, columns, chimneys not part of an exterior wall, or other
architectural features approved by the Building Official.
No cementatious fiber board or any other siding material will be allowed
on any front elevation nor on any side/rear elevation which is visible
from an adjacent community street, common area, open space, park or
perimeter.
(h) Windows. All window framing shall be bronzed, cream, sand or white
anodized aluminum, vinyl or wood.
(i) Roofing. Structures constructed on the Type B Lots shall have a
composition, slate, clay tile or cement/concrete tile roof.
The color of any composition roof must appear to be weathered wood
shingles, black or slate.
Composition roof shingles must be laminated and have a minimum
warranty of 30 years.
The main roof pitch of any structure shall have a minimum slope of 8”
in 12” except for clay tile and cement/concrete tile roofs which shall
have a minimum slope of 3” in 12”. Pitch ends shall be 100% guttered.
(j) Garages.
(1) Homes shall have a minimum of two (2) car garages but no more
than three (3). No carports shall be permitted.
(2) Homes with three (3) car garages shall not have more than two (2)
garage doors facing the street.
(3) No standard, traditional steel garage doors, painted or stained, will
be allowed on any lot in Star Trail.
(4) Doors must be constructed of a material that gives the appearance
of a real wood door when viewed from any community street.
Materials may consist of paint or stain grade wood (Cedar, Ash,
Hemlock, etc.) or other material, including fiberglass or steel, that
when stained or painted gives the appearance of a real wood door.
(5) Doors may be single or double wide doors.
(6) Additionally, two of the following upgrades must be incorporated:
a. If single doors, doors must be separated by a masonry column.
Item 7
b. Garage doors may be “carriage style door” designs giving the
appearance of a classic swing-open design with the flexibility
of an overhead door operation.
c. Doors may incorporate decorative hardware.
d. Doors may incorporate windows.
(7) All garage doors shall incorporate three (3) of the following details:
(a) Single garage doors separated by a column (in place of one
double garage door)
(b) Cedar clad garage doors
(c) Cedar trim garage doors
(d) Carriage style doors with ornamental hardware.
(k) Plate Height. Each structure on a Type B Lot shall have a minimum
principal plate height of 9’ on the first floor.
(l) Fencing. Fences, walls and/or hedges on Type B lots shall be
constructed to meet the following guidelines.
(1) All Type B Lots backing or siding to land designated by plat as a
public park or public hike and bike trail shall have a decorative metal
fence, minimum 4 foot in height, abutting said public area.
All Type B Lots backing or siding to Open Space or park land shall
have a decorative metal fence, minimum 4 foot in height, abutting
said open space or park land.
(2) All other fencing shall be constructed of masonry, decorative metal
or cedar. All cedar fencing will be built with a top rail, and shall be
supported with galvanized steel posts, 8 foot OC. A common fence
stain color as well as fence detail shall be established for the
community by the developer.
(3) Solid masonry fencing shall only be allowed on lots adjacent to or
abutting HOA-owned common area lots.
(4) Type B corner lots adjacent to a street shall be constructed of either
decorative metal or cedar board-on-board along the sideyard
adjoining the street with masonry columns, per Developer
guidelines, placed at 21 feet OC. require 18” masonry columns be
placed at 21 feet OC.
(5) No fencing shall extend beyond a point ten feet (10’) behind the
front wall plane of the structure into the front yard.
Item 7
(m) Landscaping.
(1) Corner lots adjacent to a street require additional trees be planted
in the side yard @ 30 feet OC.
(2) The front, side and rear yard must be fully sodded with grass and
irrigated by an ET irrigation system.
(n) Accessory Structures. Accessory structures used as a garage, a
garage apartment, a storage building or guest house, will not be
allowed.
3. Type C Lots: The area and building standards for Type C Lots are as follows
and as set forth in Table 1:
(a) Minimum Lot Size. The minimum lot size for Type C Lots shall be ten
thousand two hundred sixty (10260) square feet. A typical lot will be
76’ x 135’, but may vary as long as the requirements of Tables 1 and 2
are accommodated.
(b) Minimum Lot Width. The minimum lot width for Type C Lots shall be
seventy-six (76) feet, as measured at the front setback, except for lots
located at the terminus of a cul-de-sac, curve or eyebrow which may a
minimum width of sixty-six (66) feet at the front setback provided all
other requirements of this section are met.
(c) Minimum Yard Setbacks.
(1) Minimum Frontyard Setback: The minimum frontyard setback for
Type C Lots shall be thirty (30) feet.
(2) Minimum Sideyard Setback: The minimum sideyard setback for
Type C Lots shall be eight (8) feet. For corner lots adjoining a
street, the minimum sideyard setback shall be fifteen (15) feet on
the side adjacent the street.
(3) Minimum Rearyard Setback: The minimum rearyard setback
shall be twenty-five (25) feet.
(4) Permitted Encroachment. Architectural features and porches
may encroach into required front and rear yards up to five (5) feet.
Swing-in garages may encroach into required front yards up to ten
(10) feet. Front facing garages are permitted to extend to the front
façade of the main structure, but may not encroach into the required
front yard.
(d) Minimum Floor Space. Each single story dwelling constructed on a
Type C Lot shall contain a minimum of two thousand five hundred
(2500) square feet of floor space; each two story dwelling shall contain
a minimum of three thousand (3000) square feet of floor space. Floor
Item 7
space shall include air-conditioned floor areas, exclusive of porches,
garages, patios, terraces or breezeways attached to the main dwelling
(e) Height. The maximum height for structures on Type C Lots shall be
forty (40) feet.
(f) Driveways. Driveways fronting on a street on Type C Lots shall be
constructed of any of the following materials: colored concrete, brick
pavers, stone, interlocking pavers, stamped concrete, salt finish
concrete, concrete with stone or brick border OR any other treatment
as approved by the Director of Development Services.
No broom finish concrete driveways will be allowed.
(g) Exterior Surfaces. The exterior facades of a main building or
structure, excluding glass windows and doors, shall be constructed of
one hundred (100) percent masonry. Cementatious fiber board is
considered masonry, but may only constitute twenty (20) percent of the
area for stories other than the first story. However, cementatious fiber
board may not be used as a façade cladding material for portions of
upper stories that are in the same vertical plane as the first story.
Cementatious fiber board may also be used for architectural features,
including window box-outs, bay windows, roof dormers, garage door
headers, columns, chimneys not part of an exterior wall, or other
architectural features approved by the Building Official.
No cementatious fiber board or any other siding material will be allowed
on any front elevation nor on any side/rear elevation which is visible
from an adjacent community street, common area, open space, park or
perimeter.
(h) Windows. All window framing shall be bronzed, cream, sand or white
anodized aluminum, vinyl or wood.
(i) Roofing. Structures constructed on the Type C Lots shall have a
composition, slate, clay tile or cement/concrete tile roof.
The color of any composition roof must appear to be weathered wood
shingles, black or slate.
Composition roof shingles must be laminated and have a minimum
warranty of 30 years.
The main roof pitch of any structure shall have a minimum slope of 8”
in 12” except for clay tile and cement/concrete tile roofs which shall
have a minimum slope of 3” in 12”. Pitch ends shall be 100% guttered.
The main roof pitch of any structure shall have a minimum slope of 10”
in 12”.
(j) Garages.
Item 7
(1) Homes shall have a minimum of two (2) car garages but no more
than four (4). No carports shall be permitted.
(2) Homes with three (3) or four (4) garages shall not have more than
two (2) garage doors facing the street.
(3) No standard, traditional steel garage doors, painted or stained, will
be allowed on any lot in Star Trail.
(4) Doors must be constructed of a material that gives the appearance
of a real wood door when viewed from any community street.
Materials may consist of paint or stain grade wood (Cedar, Ash,
Hemlock, etc.) or other material, including fiberglass or steel, that
when stained or painted gives the appearance of a real wood door.
(5) Doors may be single or double wide doors.
(6) Additionally, two of the following upgrades must be incorporated:
a. If single doors, doors must be separated by a masonry column.
b. Garage doors may be “carriage style door” designs giving the
appearance of a classic swing-open design with the flexibility of
an overhead door operation.
c. Doors may incorporate decorative hardware.
d. Doors may incorporate windows.
(7) All garage doors shall incorporate three (3) of the following details:
(a) Single garage doors separated by a column (in pace of one
double garage door)
(b) Cedar clad garage doors
(c) Cedar trim garage doors
(d) Carriage style doors with ornamental hardware.
(k) Plate Height. Each structure on a Type C Lot shall have a minimum
principal plate height of 9’ on the first floor.
(l) Fencing. Fences, walls and/or hedges on Type C Lots shall be
constructed to meet the following guidelines.
(1) All Type C Lots backing or siding to land designated by plat as
public park or public hike and bike trail shall have a decorative metal
fence, minimum 4 foot in height abutting said public area.
Open Space or park land shall have a decorative metal fence,
minimum 4 foot in height, abutting said open space or park land.
Item 7
(2) All other Type C lot fencing shall be constructed of masonry,
decorative metal or cedar. All cedar fencing will be built board-to-
board with a top rail, and shall be supported with galvanized steel
posts, 8 foot OC. A common fence stain color as well as fence
detail shall be established for the community by the developer.
(3) Solid masonry fencing shall only be allowed on lots adjacent to or
abutting HOA-owned common area lots. Corner lots adjacent to a
street require 18” masonry columns be placed at 21 feet OC.
(4) Type C corner lots adjacent to a street shall be constructed of either
decorative metal or cedar board-on-board along the sideyard
adjoining the street with masonry columns, per developer
guidelines, placed at 21 feet OC.
(5) No fencing shall extend beyond a point fifteen feet (15’) behind the
front wall plane of the structure into the front yard.
(m) Landscaping.
(1) Corner lots adjacent to a street require additional trees be planted
in the side yard @ 30 feet OC.
(2) The front, side and rear yard must be fully sided with grass and
irrigated by an ET irrigation system.
(n) Accessory Structures. Accessory structures used as a garage, a
garage apartment, storage or a guest house will not be allowed.
4. Type D Lots: The area and building standards for Type D Lots are as follows
and as set forth in Table 1:
(a) Minimum Lot Size. The minimum lot size for Type D Lots shall be
eleven thousand six hundred ten (11610) square feet. A typical lot will
be 86’ x 135’, but may vary as long as the requirements in Table 1 are
accommodated.
(b) Minimum Lot Width. The minimum lot width for Type D Lots shall be
eighty-six (86) feet, as measured at the front setback, except for lots
located at the terminus of a cul-de-sac, curve or eyebrow which may
have a minimum width of seventy-six (76) feet at the front setback
provided all other requirements of this section are met.
(c) Minimum Yard Setbacks.
(1) Minimum Frontyard Setback: The minimum frontyard setback for
Type D Lots shall be thirty (30) feet.
(2) Minimum Sideyard Setback: The minimum sideyard setback for
Type D Lots shall be eight (8) feet. For corner lots adjoining a
Item 7
street, the minimum sideyard setback shall be fifteen (15) feet on
the side adjacent the street.
(3) Minimum Rearyard Setback: The minimum rearyard setback
shall be twenty-five (25) feet.
(4) Permitted Encroachment. Architectural features and porches
may encroach into required front and rear yards up to five (5) feet.
Swing-in garages may encroach into required front yards up to ten
(10) feet. Front facing garages are permitted to extend to the front
façade of the main structure, but may not encroach into the required
front yard.
(d) Minimum Floor Space. Each single story dwelling constructed on a
Type D Lot shall contain a minimum of three thousand (3000) square
feet of floor space; each two story dwelling constructed on a Type D
Lot shall contain a minimum of three thousand five hundred (3500)
square feet of floor space. Floor space shall include air-conditioned
floor areas, exclusive of porches, garages, patios, terraces or
breezeways attached to the main dwelling
(e) Height. The maximum height for structures on Type D Lots shall be
forty (40) feet.
(f) Driveways. Driveways fronting on a street on Type D Lots shall be
constructed of any of the following materials: colored concrete, brick
pavers, stone, interlocking pavers, stamped concrete, salt finish
concrete, concrete with stone or brick border OR any other treatment
as approved by the Director of Development Services.
No broom finish concrete driveways will be allowed.
(g) Exterior Surfaces. The exterior facades of a main building or
structure, excluding glass windows and doors, shall be constructed of
one hundred (100) percent masonry. Cementatious fiber board is
considered masonry, but may only constitute twenty (20) percent of the
area for stories other than the first story. However, cementatious fiber
board may not be used as a façade cladding material for portions of
upper stories that are in the same vertical plane as the first story.
Cementatious fiber board may also be used for architectural features,
including window box-outs, bay windows, roof dormers, garage door
headers, columns, chimneys not part of an exterior wall, or other
architectural features approved by the Building Official.
No cementatious fiber board or any other siding material will be allowed
on any front elevation nor on any side/rear elevation which is visible
from an adjacent community street, common area, open space, park or
perimeter.
(h) Windows. All window framing shall be bronzed, cream, sand or white
anodized aluminum, vinyl or wood.
Item 7
(i) Roofing. Structures constructed on the Type D lots shall have a
composition, slate, clay tile or cement/concrete tile roof.
The color of any composition roof must appear to be weathered wood
shingles, black or slate.
Composition roof shingles must be laminated and have a minimum
warranty of 30 years.
The main roof pitch of any structure shall have a minimum slope of 8”
in 12” except for clay tile and cement/concrete tile roofs which shall
have a minimum slope of 3” in 12”. Pitch ends shall be 100% guttered.
The main roof pitch of any structure shall have a minimum slope of 10”
in 12”.
(j) Garages.
(1) Homes shall have a minimum of two (2) car garages but no more
than four (4). No carports shall be permitted.
(2) Homes with three (3) or four (4) garages shall not have more than
two (2) garage doors facing the street.
(3) No standard, traditional steel garage doors, painted or stained, will
be allowed on any lot in Star Trail.
(4) Doors must be constructed of a material that gives the appearance
of a real wood door when viewed from any community street.
Materials may consist of paint or stain grade wood (Cedar, Ash,
Hemlock, etc.) or other material, including fiberglass or steel, that
when stained or painted gives the appearance of a real wood door.
(5) Doors may be single or double wide doors.
(6) Additionally, two of the following upgrades must be incorporated:
a. If single doors, doors must be separated by a masonry column.
b. Garage doors may be “carriage style door” designs giving the
appearance of a classic swing-open design with the flexibility of
an overhead door operation.
c. Doors may incorporate decorative hardware.
d. Doors may incorporate windows.
(7) All garage doors shall incorporate three (3) of the following details:
(a) Single garage doors separated by a column (in pace of one
double garage door)
Item 7
(b) Cedar clad garage doors
(c) Cedar trim garage doors
(d) Carriage style doors with ornamental hardware.
(k) Plate Height. Each structure on a Type D Lot shall have a minimum
principal plate height of 10’ on the first floor.
(l) Fencing. Fences, walls and/or hedges on Type D lots shall be
constructed to meet the following guidelines.
(1) All Type D Lots backing or siding to land designated by plat as
public park or public hike and bike trail Open Space or park land
shall have a decorative metal fence, minimum 4 foot in height,
abutting said public area open space.
(2) All other Type D lot fencing shall be constructed of masonry,
decorative metal or cedar. All cedar fencing will be built board-to-
board with a top rail, and shall be supported with galvanized steel
posts, 8 foot OC. A common fence stain color as well as fence
detail shall be established for the community by the developer.
(3) Solid masonry fencing shall only be allowed on lots adjacent to or
abutting HOA-owned common area lots.
Corner lots adjacent to a street require 18” masonry columns be
placed at 21 feet OC.
(4) Type D corner lots adjacent to a street shall be constructed of either
decorative metal or cedar board-on-board along the sideyard
adjoining the street with masonry columns, per developer
guidelines, placed at 21 feet OC.
(5) No fencing shall extend beyond a point fifteen feet (15’) behind the
front wall plane of the structure into the front yard.
(m) Landscaping.
(1) Corner lots adjacent to a street require additional trees be planted
in the side yard @ 30 feet OC.
(2) The front, side and rear yard must be fully sodded with grass and
irrigated by an ET irrigation system.
(n) Accessory Structures. Accessory structures used as a garage, a
garage apartment, storage or guest house will not be allowed.
Item 7
Letter of Intent - Villages of StarTrail, PD 66 Proposed Amendments
Type A, B, C and D Corner Lot Sideyard Setback revision was to specify the 15’ sideyard setback only
applies to the side yard adjacent to the street. Done for clarification purposes only.
Type A, B, C and D Roofing requirements revises PD 66 restrictions to reflect a consistency with the Town
of Prosper requirements. Subsequent to the filing and approval of the PD, StarTrail executed contracts
with homebuilders enjoying success with architectural designs featuring both clay and cement/concrete
tile roofs. This style roof requires a lower 3:12 pitch, consistent with Town guidelines.
In addition, Town guidelines require the main roof pitch of any residential structure have a minimum slope
of 8:12. We request a revision to make our current 10:12 restriction consistent with Prosper’s guidelines.
Type A, B, C and D Garage doors revises PD 66 restrictions to allow for future architectural designs that
may/may not include cedar only. In view of the fact that the development will take 10 years to complete,
our builder group has requested we not limit them from introducing any new designs/new
materials/upgrade options that might be introduced over the course of the development.
The proposed 2nd revision language for Garage doors is attached in a separate document.
The option of a cedar trim door was eliminated since there have been some fairly significant warranty
issues with warping as the doors age.
Type A, B, C and D Fencing requirements revises PD 66 restrictions to mandate open, wrought iron fencing
on all residential lots backing or siding to public areas only. The restriction will no longer apply to HOA-
owned Open Space areas.
Allowable fencing materials on lots adjacent to or abutting HOA-owned common areas were revised to
include masonry vs. only decorative metal or wood.
Corner lot sideyard fencing adjacent the street previously required 18” masonry columns at 21 feet OC.
We are still in discussions on the detailed design of these interior homeowner fencing columns and
request we say “masonry columns, per developer guidelines, placed at 21 feet OC.”
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Page 1 of 8
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 9, 2017
Agenda Item:
Conduct a Public Hearing and consider and act upon a request to amend Chapter 3, Permitted
Uses and Definitions, and Chapter 4, Development Requirements, of the Zoning Ordinance
regarding Accessory Structures, Accessory Buildings, Guest Houses and Garage Apartments.
(Z16-0014).
Background/Description of Agenda Item:
Recent developments of accessory structures and guest houses have warranted the need to
review the standards of these uses to ensure the structures do not have a negative impact on
adjacent residential properties. In addition, staff has received requests to reduce the required
rear yard setback on single family lots to accommodate attached accessory structures such as
patio covers.
The Town Council received briefings on this case on January 24, 2017 and April 11, 2017.
Guest Houses:
The Zoning Ordinance defines a “guest house” as,
“An accessory dwelling unit, detached from the main building on the lot, used to house
family and/or guests of the owner(s) of the main residential structure, and which is
never rented or offered for rent.”
The Zoning Ordinance permits Guest Houses by right in all residential districts and the Downtown
Retail District with the following standards contained within the section of the Zoning Ordinance
regarding “Accessory Structures and Uses.”:
”A Guest House shall be permitted in the Agricultural through the Downtown Retail Districts as an
incidental residential use of a building on the same lot or tract as the main dwelling unit and used
by the same person or persons of the immediate family and shall meet the following standards:
A.The Guest House must be constructed to the rear of the main dwelling, separate from the
main dwelling. A lot must have a minimum of one-half (½) acre for a Guest House to be
permitted.
B.The Guest House may be constructed only upon issuance of a Building Permit.
C.The Guest House may not be sold separately from sale of the entire property, including the
main dwelling unit, and shall not be sub-let.
Prosper is a place where everyone matters.
PLANNING
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D.Setback requirements shall be the same as for the main structure.”
Recommended Amendments re: Guest Houses:
1.Update the definition of a guest house in Section 2 of Chapter 3 to read,
“A second, attached or detached dwelling unit located on the same lot or tract as the primary
dwelling unit, which provides for living, sleeping, and cooking facilities and is used by family
members, guests of the family, or a domestic worker hired by the homeowner of the primary
dwelling unit. A mobile home or a HUD-Code manufactured home shall not be considered
as a guest house.”
2.Amend the Use Chart in Section 1 of Chapter 3. Since the use is designated as a “by-right” in the
Use Chart of the Zoning Ordinance, it is not readily apparent there are conditions that need to be
met. Recommend amending the use Chart to designate “Guest Houses” as a “Conditional Use”
with new standards as noted below in the Agricultural and Single Family Districts. Remove the use
from the Downtown Single Family District, due to the smaller lot size in this district.
3.Create new Conditional Use for Guest House in Section 1.4 of Chapter 3 to read,
a)The guest house, if detached, shall be located on a lot or tract containing a minimum
of one (1) acre;
b)To be classified as an attached guest house, the second living quarters shall be
integral to primary dwelling and be accessed through conditioned interior corridors. A
guest house that is connected to the primary dwelling by a covered or enclosed
walkway shall meet all conditions of a detached guest house.
c)The guest house shall be located on the same lot or tract as the existing primary
dwelling;
d)If detached, the guest house shall be located behind the primary structure at a point
no closer than ten (10) feet from the rear wall line of the primary dwelling.
e)If detached, the guest house shall meet all rear yard and side yard setbacks that are
required of the primary dwelling;
f)If detached, the height of the guest house shall not exceed the height of the primary
dwelling;
g)If detached, a guest house shall not be finaled/approved for occupancy prior to the
final/approval for occupancy of the primary dwelling;
h)No more than one (1) guest house per lot or tract shall be permitted;
i)The guest house shall not be rented or leased or offered for rent or lease,
independently of the primary dwelling;
j)The guest house shall not be sold separately from the sale of the entire property, including
the primary dwelling;
k)The guest house shall be serviced by the same electric and natural gas utility meters
as the primary dwelling;
l)The exterior building materials shall be consistent with the exterior materials of the
primary dwelling;
m)The maximum total area of a detached guest house, including garages, covered patios
and any enclosed storage areas shall not exceed fifty percent (50%) of the dwelling
area of the primary dwelling. However, in no instance, shall the maximum total area
of a detached guest house, including garages, covered patios and any enclosed
storage areas exceed 2,000 square feet; and
n)In no case shall the combined area of the primary dwelling, guest house and/or other
accessory buildings exceed the maximum percentage of lot coverage permitted for the
zoning district in which the structures are located.
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Please note that in reference to 3(i) above regarding the prohibition of renting or leasing a guest
house, there are pending bills in the current State Legislative session that would preempt a
municipal government’s authority to regulate short-term rentals.
Garage Apartments:
The Zoning Ordinance defines a “garage apartment” as,
“An accessory dwelling unit for one (1) family erected in conjunction with a garage, but with
a separate entrance than that of the primary dwelling unit on the lot, when the main structure
is an owner occupied detached dwelling unit, and which is never rented or offered for rent.”
Garage apartments are permitted by right in the Agricultural, Single Family, and Downtown Single
Family Districts without any conditions. If standards are not established for this use, the newly
established standards for guest houses could be circumvented. Unlike a guest house, it may
appropriate for the “garage apartment” to be located on a smaller lot. Since the term, “apartment”
is associated with a rental unit; staff recommends the term be amended.
Recommended Amendments re: Garage Apartments:
1. Amend the term, Garage Apartment” in the Use Chart in Section 1, Chapter 3 to read, “Residential
Garage Loft,”
2.Amend the definition of the revised term in Section 2 of Chapter 3 to read, “A small, accessory
dwelling located above a private garage which provides for living, sleeping, and cooking
facilities and is used by family members, guests of the family, or a domestic worker hired by
the homeowner of the primary dwelling unit.
3.Amend the Use Chart in Section, 1, Chapter 3 by changing the “by-right” designation to a
“Conditional Use” with new standards as noted below in the Agricultural, Single Family Districts,
and Downtown Single Family District.
4.Create new Conditional Uses in Section 1.4 of Chapter 3 to read,
a.The residential garage loft shall be located on the same lot or tract as the primary
dwelling unit,
b.The residential garage loft shall be located above the garage and the total area of
the unit shall not exceed 800 square feet;
c.The height of the residential garage loft shall not exceed the height of the primary
dwelling;
d.No more than one (1) residential garage loft per lot or tract shall be permitted;
e.The residential garage loft shall not be rented or leased or offered for rent or lease,
independently of the primary dwelling;
f.The residential garage loft shall not be sold separately from the sale of the entire property,
including the primary dwelling;
g.The residential garage loft shall be serviced by the same electric and natural gas
utility meters as the primary dwelling; and
h.The exterior building materials shall be consistent with the exterior materials of the
primary dwelling.
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Detached Accessory Structures:
The Zoning Ordinance currently has the following standards:
“DETACHED GARAGE AND ACCESSORY BUILDING CONSTRUCTION
A.The exterior facades of a detached garage or other accessory building or structure
greater than one hundred and sixty (160) square feet shall be subject to the same
exterior construction material(s) requirements as the main building or structure.
B.An accessory building that is larger than one hundred and sixty (160) square feet may
be vinyl, cementatious fiber board, or factory coated decorative metal if the wall height
of the building does not exceed fourteen (14) feet and if three (3) of the following six
(6)conditions are met:
1.A minimum three (3) foot high wainscoting is provided on all sides, excluding
windows and doors,
2.Divided light windows are provided on at least two sides of the building,
3.A minimum roof pitch of four (4) in twelve (12) is provided,
4.A cupola is provided,
5.One (1) tree, a minimum size of one (1) caliper inch, is planted every twenty (20)
feet, or portion thereof, along the longest sides of the building, or
6.A minimum twenty (20) foot side yard setback is provided.
C.Metal or wood may be used as an exterior construction material for an accessory
building or structure of one hundred and sixty (160) square feet or less in an SF or 2F
District.
D.Fiber cement board may be used to fulfill masonry requirements for structures
accessory to an existing structure constructed entirely of wood or vinyl siding.”
The development standards for structures greater than 160 square feet were added to the Zoning
Ordinance in an attempt to ensure the buildings were compatible with the residential character of
the neighborhood, while allowing larger structures.
In relation of the size of an accessory building to the primary residence, with the exception of lot
coverage, there is no limit on the size of an accessory structure. In relation of the height of the
accessory building to the height of the primary residence, a two-story accessory building can be
built on a lot with a one-story home.
Recommended Amendments re: Accessory Structures:
Amend Section 7.6 of Chapter 4 by revising certain standards and establishing new standards as
follows:
A.The exterior facades of a detached garage or other accessory building or structure
greater than one hundred and sixty (160) square feet shall be subject to the same
exterior construction material(s) requirements as the main building or structure.
B.An accessory building that is larger than one hundred and sixty 160 square feet may be
vinyl, cementatious fiber cement board (updated term), or factory coated decorative metal
if the wall height of the building does not exceed fourteen (14) feet and if three (3) of the
following six (6) conditions are met:
1.A minimum three (3) foot high wainscoting is provided on all sides, excluding
windows and doors,
2.Divided light windows are provided on at least two sides of the building,
3.A minimum roof pitch of four (4) in twelve (12) is provided,
4.A cupola is provided,
5.One (1) tree, a minimum size of one (1) two (2) caliper inch, is planted every
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twenty (20) twenty-five (25) feet, or portion thereof, along the longest two (2)
sides of the building, or
6.A minimum twenty (20) foot side yard setback is provided.
C.Metal or wood may be used as an exterior construction material for an accessory
building or structure of one hundred and sixty (160) square feet or less in an SF or 2F
District.
D.Cementatious Fiber cement board may be used to fulfill masonry requirements for
structures accessory to an existing structure constructed entirely of wood or vinyl
siding.
E.In no instance shall the height of an accessory building or detached garage exceed
the height of the primary dwelling.
F.Accessory buildings in excess of 160 square feet shall be located behind the primary
structure at a point no closer than ten (10) feet from the rear wall line of the primary
dwelling.
G.A Specific Use Permit is required for either of the following instances:
1)An accessory building that is greater in size than the primary dwelling. For the
purpose of this subsection, the size of the primary dwelling includes the attached
private garage,
2)the size of an accessory building which is greater than seven percent (7%) of the
lot area, or
3)the size of the accessory structure is greater than 4,000 square feet.
Attached Accessory Structures:
With smaller lots being developed in the Town, homes are being constructed up to or near the
required front, side and rear yard lines. As depicted in Figure 1 below, a SF-10 District lot
(minimum 10,000 square-foot lot area) requires a 25-foot front yard setback, a 25-foot rear yard
setback and an eight-foot side yard setback.
Figure 1
The attached shade structure depicted in Figure 2 meets the setback requirement for that
property, since the home was not built up to the rear yard setback. However, when a house is
constructed up to the rear yard setback, there is no opportunity to build an attached addition at
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the back of the home without encroaching into the required rear yard setback as depicted in Figure
3.Since there is no physical hardship, the Board of Adjustment cannot consider a variance.
Figure 2
Figure 3
The Zoning Ordinance permits detached accessory structures in the required rear or side yards,
if the structure is located at least three (3) feet from the property line and a minimum of ten (10)
feet from the main structure, as depicted in Figure 4. These structures are typically utilized as
storage buildings. However, homeowners want the shade structure attached to the rear of the
home.
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Figure 4
Issues to consider:
•Allowing further encroachments into the required yard areas further reduces the open space
between homes.
•Restriction of fire access at the rear of the home.
•Consequence of reduced setback for an attached structure in combination with other detached
structures in the rear yard as depicted in Figure 5.
Figure 5
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With the exception of Farmers Branch, staff is not aware of any other DFW-area community that
permits attached structures to encroach into the required rear yard area of single family lots.
Legal Obligations and Review:
Notice of the Town Council Public Hearing was provided in the newspaper as required by the
Zoning Ordinance and state law. To date, Town staff has not received any correspondence.
Planning & Zoning Commission Recommendation:
At their April 4, 2017 meeting, the Planning & Zoning Commission recommended the Town
Council approve the recommended amendments to the sections of the Zoning Ordinance
regarding 1) guest houses, 2) garage apartments, and 3) detached accessory structures, but
recommended no changes regarding attached accessory structures by a vote of 7-0.
Staff Recommendation:
Staff recommends the Town Council approve the recommended amendments to the sections of
the Zoning Ordinance regarding 1) guest houses, 2) garage apartments, and 3) detached
accessory structures, but no amendments regarding attached accessory structures.
Proposed Motion:
I move to approve the proposed amendments to Chapters 3 and 4 of the Zoning Ordinance
regarding guest houses, garage apartments and attached accessory structures.
Item 8
Page 1 of 3
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 9, 2017
Agenda Item:
Conduct a Public Hearing and receive comments on the proposed Subdivision Ordinance.
Background/Description of Agenda Item:
Goal Two of the Town Council’s Major Initiatives, “Ensure Quality Development,” includes “Update
Subdivision Ordinance.” Town staff retained the professional services of the Freese & Nichols to
prepare a comprehensive rewrite of the current Subdivision Ordinance. While there has been
several amendments to the current Subdivision Ordinance, the document, originally adopted in
2003, is outdated and is not an effective tool in ensuring the proper platting and development of
vacant land.
A detailed list of the purposes of a Subdivision Ordinance can be found in Section 1 of the draft
document, but the primary purposes of the standards are to,
1. Establish orderly policies and procedures to guide development of the Town and ETJ;
2. Provide for the establishment of minimum specifications for construction and engineering
design criteria for public infrastructure, reduce inconveniences to residents of the area, and
to reduce related unnecessary costs to the Town for correction of inadequate facilities that
are designed to serve the public;
3. Ensure that development of land and subdivisions shall be of such nature, shape and
location that utilization will not impair the general welfare;
4. Coordinate new development realistically and harmoniously with existing development;
5. Protect and conserve the value of land throughout the Town;
6. Establish reasonable standards of design and procedures for the development and
redevelopment, provide for the orderly layout and use of land;
7. Ensure public facilities with sufficient capacity to serve the proposed subdivision are
available for every building site, and to provide public facilities for future development;
8. Ensure the adequacy of drainage facilities; and encourage the wise use and management
of natural resources throughout the Town in order to preserve the integrity, stability, and
beauty of the community; and
Prosper is a place where everyone matters.
PLANNING
Item 9
Page 2 of 3
9. Ensure that new development adequately and fairly participates in the dedication and
construction of public improvements and infrastructure that are necessitated by or
attributable to the development.
The Prosper Developers Council (PDC) was invited to review and comment on the draft
document. Due to the size of the document, considerable time was required by both staff and the
PDC to address comments by each party. Initially, the PDC responded with 113 comments and
suggested changes. After staff responded, the PDC came back with seven (7) comments. Five
(5) of those comments have been addressed, but two sections, noted below warrant discussion
with the Town Council. Please see the attached email from Justin Craig, Development Manager
of Windsong Ranch regarding the process.
Specific Issues for Discussion:
1. “Section 6.11.F Private Easements
Easements needed for construction or maintenance of private improvements (including, but not limited
to, retaining walls, screening walls, private drainage systems, private streets, etc.) shall be labeled on
the Final Plat and dedicated for the specific purpose intended. Specific notes on the plat shall
designate maintenance responsibilities to a Home Owner's Association or Property Owner's
Association.”
In addition to an HOA or a POA, the Prosper Developers Council wants the ability to assign
responsibilities to private individuals (homeowners).
2. “Section 6.18 F.6.a Maintenance Requirements
The Developer shall provide financial means to maintain required screening walls, fences, and
landscaping. One of the following maintenance alternatives shall be selected and fulfilled by the
Developer, but the selection is subject to staff approval:
a. Establishment of a Homeowners’ Association to maintain required screening fences, and
landscaping. The Developer shall provide Homeowners’ Association documents to the Town
to demonstrate financial responsibility for future maintenance, repairs, and replacement of
the required improvements. Documents establishing the Homeowners’ Association or
Property Owners’ association shall be submitted to the Town for review and may be reviewed
by the Town Attorney for conformance with this and other applicable ordinances prior to final
acceptance of the subdivision. The documents shall include, among other information
required by the Town, descriptions of:
i. Operating budgets based on operating assumptions;
ii. Reserve budget based on facilities to be maintained;
iii. Subsidies budget; and
iv. Liability insurance.
The Homeowner’s Association shall be responsible for maintaining, repairing, or replacing
screening walls, fences, and landscaping required by this Ordinance, as it currently exists or may
be amended. The Developer shall remain responsible for the maintenance requirements set
forth herein, until the Developer ceases to control the Homeowner’s Association.”
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In addition to the HOA, the Prosper Developers Council wants to add “other private entities” as a
responsible party. Staff disagrees with delegating the maintenance responsibility for developer-
installed screening and landscaping to possibly homeowners.
Pending direction and input from the Town Council, staff will schedule this item for formal adoption
on the May 23, 2017 Town Council agenda.
Attached Document:
1. Email from Justin Craig, Windsong Ranch
2. Proposed Subdivision Ordinance
3. Current Subdivision Ordinance
Town Staff Recommendation:
Town staff desires to receive feedback from the public and the Town Council on the report.
Item 9
1
John Webb
From:Justin Craig <jcraig@windsongranchliving.com>
Sent:Tuesday, April 11, 2017 11:32 PM
To:John Webb
Cc:Clint Richardson (crichardson@txlandresources.com); David Blom
Subject:Subdivision Ordinance Comments
Attachments:2017-04-11 Re-Response Propser Draft Ord. Comment Tracker.xlsx
John,
I think I can speak for the group when I say we really appreciate you giving us the opportunity to provide
comments and work with you on the draft ordinance. I've worked in other jurisdictions that were less pragmatic
(putting it lightly), and this approach is much more effective and efficient for everyone involved, residents
included.
Anyway, as you'll see on the attached we've really whittled down the comments from the original 113 down to
7, which are relatively minor. If you think we need to meet to run through any of them or if there is anything
else we can help with please don't hesitate to let us know. Thanks again.
Justin Craig
Development Manager
Windsong Ranch | TVG Texas I, LLC
--------------------------------------------------------------
2242 Good Hope Road | Prosper, TX 75078
Main: 469.532.0689 | Cell: 619.851.9975
jcraig@windsongranchliving.com
www.windsongranchliving.com | www.tvgllc.com
Item 9
Subdivision Ordinance
Prepared for:
Town of Prosper, Texas
Staff Updated: May 1, 2017
Prepared by:
FREESE AND NICHOLS, INC. 2711 N. Haskell Avenue, Suite 3300 Dallas, TX 75204 214-217-2200 PRP14255
PROPOSED
PROPOSED
Town of Prosper: Subdivision Ordinance Table of Contents
DRAFT DATE: 5/1/2017 2:07 PM Page 1
Table of Contents
Section 1. General Provisions ........................................................................................................ 3
1.01. Title .......................................................................................................................................... 3
1.02. Authority .................................................................................................................................. 3
1.03. Purpose .................................................................................................................................... 3
1.04. Applicability ............................................................................................................................. 4
1.05. Documents Comprising Subdivision Rules ............................................................................... 5
1.06. Compliance Required with Town Plans and Ordinances ......................................................... 5
1.07. Public Improvements Required ............................................................................................... 6
1.08. General Plat Requirements ...................................................................................................... 6
1.09. Special Provisions, Enforcement, and Violations ..................................................................... 7
1.10. Summary of the General Subdivision Procedure ..................................................................... 8
Section 2. Development Review Bodies ...................................................................................... 11
2.01. Town Council ......................................................................................................................... 11
2.02. Planning & Zoning Commission ............................................................................................. 11
2.03. Town Manager ....................................................................................................................... 11
2.04. Director of Development Services ......................................................................................... 12
2.05. Deputy Director of Engineering Services ............................................................................... 12
2.06. Director of Public Works ........................................................................................................ 12
Section 3. Application Submittal and Processing Procedures ..................................................... 13
3.01. Pre-Application Meeting ........................................................................................................ 13
3.02. General Application Processing ............................................................................................. 14
3.03. 30-Day Time Frame for Plat Approvals .................................................................................. 15
3.04. Processing, Action, and Notification Following Subdivision Application Decision ................ 16
3.05. Public Hearings for Replat Applications ................................................................................. 16
3.06. Amendments and Expiration to Approved Subdivision Applications .................................... 17
Section 4. Platting Requirements ................................................................................................ 19
4.01. General Subdivision and Platting Procedures ........................................................................ 19
4.02. Pre-Application Meeting ........................................................................................................ 19
4.03. Sketch Plan ............................................................................................................................ 19
4.04. Preliminary Plat ..................................................................................................................... 20
4.05. Final Plat ................................................................................................................................ 24
4.06. Minor Plat .............................................................................................................................. 28
4.07. Replat ..................................................................................................................................... 30
4.08. Amending Plat ....................................................................................................................... 32
4.09. Conveyance Plat .................................................................................................................... 34
4.10. Plat Vacation .......................................................................................................................... 35
Section 5. Construction Plans & Procedures ............................................................................... 37
5.01. Construction Plans ................................................................................................................. 37
5.02. Pre-Construction Meeting ..................................................................................................... 40
5.03. Construction Release ............................................................................................................. 40
5.04. Construction of Public Improvements ................................................................................... 40
5.05. Inspection, Maintenance, and Acceptance of Public Improvements .................................... 41
5.06. Security for Completion of Public Improvements ................................................................. 44
PROPOSED
Table of Contents Town of Prosper: Subdivision Regulations
Page 2 DRAFT DATE: 5/1/2017 2:07 PM
Section 6. Subdivision Design Standards ..................................................................................... 45
6.01. General Standards ................................................................................................................. 45
6.02. Adequate Public Facilities ...................................................................................................... 46
6.03. Streets .................................................................................................................................... 46
6.04. Private Streets and Gated Subdivisions ................................................................................. 53
6.05. Alleys ...................................................................................................................................... 57
6.06. Sidewalks ............................................................................................................................... 58
6.07. Lots ........................................................................................................................................ 59
6.08. Blocks ..................................................................................................................................... 60
6.09. Survey Monuments and Lot Markers .................................................................................... 61
6.10. Access Management .............................................................................................................. 62
6.11. Easement Dedication ............................................................................................................. 63
6.12. Water Utility .......................................................................................................................... 64
6.13. Wastewater Utility ................................................................................................................. 65
6.14. Drainage and Stormwater ..................................................................................................... 66
6.15. Development Criteria Along Creeks, Drainage Ways and Floodplain .................................... 71
6.16. Residential Development Criteria Along Major Creeks ......................................................... 73
6.17. Retaining Wall Construction .................................................................................................. 74
6.18. Residential Thoroughfare Screening ...................................................................................... 75
6.19. Homeowners’ or Property Owners’ Associations .................................................................. 80
6.20. Park Land Designs, Dedications, and Fees ............................................................................. 82
6.21. Franchise Utilities .................................................................................................................. 88
Section 7. Subdivision Relief Procedures .................................................................................... 91
7.01. Petition for Subdivision Waiver ............................................................................................. 91
7.02. Subdivision Proportionality Appeal ....................................................................................... 95
7.03. Subdivision Vested Rights Petition ........................................................................................ 98
Section 8. Definitions ................................................................................................................... 99
8.01. Usage and Interpretation ...................................................................................................... 99
8.02. Words and Terms Defined ..................................................................................................... 99
PROPOSED
Town of Prosper Subdivision Ordinance Section 1: General Provisions
DRAFT DATE: 5/1/2017 2:07 PM Page 3
Section 1. General Provisions
1.01. Title
This Ordinance and subsequent regulations of the Town of Prosper, Texas, shall be known as, and may be cited and
referred to as the “Subdivision Ordinance”.
1.02. Authority
This Subdivision Ordinance and subdivision regulations are adopted pursuant to the authority granted by the U.S.
Constitution, the Texas Constitution, and the laws of the State of Texas, specifically including Chapter 212 of the Texas
Local Government Code (LGC), as amended.
1.03. Purpose
These regulations shall be administered so as to achieve the following specific purposes:
A. Specific Purposes of the Subdivision Regulations
1. Promote the health, safety and general welfare of the community within the Town’s corporate limits
and Extraterritorial Jurisdiction (ETJ);
2. Establish orderly policies and procedures to guide development of the Town and ETJ;
3. Provide for the establishment of minimum specifications for construction and engineering design
criteria for public infrastructure, reduce inconveniences to residents of the area, and to reduce related
unnecessary costs to the Town for correction of inadequate facilities that are designed to serve the
public;
4. Ensure that development of land and subdivisions shall be of such nature, shape and location that
utilization will not impair the general welfare;
5. Protect against the dangers of fires, floods, erosion, landslides, or other such menaces;
6. Coordinate new development realistically and harmoniously with existing development;
7. Protect and conserve the value of land throughout the Town;
8. Provide the most beneficial circulation of vehicle and pedestrian traffic throughout the Town, and to
provide for the proper location and width of streets;
9. Establish reasonable standards of design and procedures for the development and redevelopment,
provide for the orderly layout and use of land;
10. Ensure proper legal descriptions and documentation of subdivided land;
11. Ensure public facilities with sufficient capacity to serve the proposed subdivision are available for every
building site, and to provide public facilities for future development;
12. Ensure the adequacy of drainage facilities; and encourage the wise use and management of natural
resources throughout the Town in order to preserve the integrity, stability, and beauty of the
community;
13. Preserve natural characteristics of the Town and of the Town and ensure appropriate development with
regard to natural features such as, topography, vegetation, etc.;
14. Ensure that new development adequately and fairly participates in the dedication and construction of
Public Improvements and infrastructure that are necessitated by or attributable to the development;
and
15. Address other needs to ensure the creation and continuance of a healthy, attractive, safe and efficient
community that provides for the conservation, enhancement and protection of its citizen and natural
resources.
PROPOSED
Section 1: General Provisions Town of Prosper: Subdivision Ordinance
Page 4 DRAFT DATE: 5/1/2017 2:07 PM
1.04. Applicability
A. General
It is hereby declared to be the policy of the Town to consider the subdivision and development of land as
subject to the control of the Town in order to carry out the purpose of the Comprehensive Plan, other Town
codes, and to promote the orderly, planned, efficient and economical development of the Town.
B. Subdivision and Development of Land Policies
1. Land shall not be subdivided or developed until proper provision has been made for drainage, water,
wastewater, transportation and other facilities required by these regulations.
2. All public and private facilities and improvements shall be of at least the capacity necessary to
adequately serve the development and shall conform to and be in accordance with the Comprehensive
Plan and the Design Standards and Specifications.
3. These regulations shall supplement, and facilitate the enforcement of, provisions and standards
contained in the zoning regulations and building codes adopted by the Town where applicable.
C. Requirement to Plat
Platting is required for the following purposes:
1. To create a building site on a single lot or tract;
2. To construct or enlarge any exterior dimension of any building, structure, or improvement on land
without an existing Plat, in association with a Building Permit Application.
3. To subdivide land to divide a lot or tract into two or more parcels;
4. To combine lots or tracts;
5. To amend a Plat; or
6. To correct errors on an approved and recorded Plat.
D. Plat Required
Subdivision Plats Required under LGC 212 Subchapter A
1. In accordance with LGC Section 212.004, the owner of a tract of land located within the Town’s
corporate limits or in the Extraterritorial Jurisdiction (ETJ) who divides the tract in two (2) or more parts
to lay out a subdivision of the tract, including an addition to a municipality, to lay out suburban, building,
or other lots, or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be
dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the
streets, alleys, squares, parks, or other parts must have a Plat of the subdivision prepared.
2. A division of a tract under this subsection includes any division regardless of whether it is made by using
a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract
of sale or other executory contract to convey, or by using any other method.
3. A division of land under this subsection does not include a division of land into parts greater than five
(5) acres, where each part has access to a public road or Right-of-Way and no Public Improvement is
required.
PROPOSED
Town of Prosper Subdivision Ordinance Section 1: General Provisions
DRAFT DATE: 5/1/2017 2:07 PM Page 5
E. Extraterritorial Jurisdiction (ETJ)
1. Subdivision Regulations Extend into the ETJ
Subdivision Regulations as they now exist or may hereafter be amended, are hereby extended to all of
the area lying within the ETJ of the Town and the rules and regulations within said Subdivision
Regulations governing Plats and Subdivision of land shall be applicable to such area within said ETJ from
and after the date of final passage of this Subdivision Ordinance.
2. Subdividing
No person shall subdivide or plat any tract of land within the ETJ of the Town except in conformance
with the provisions of these Subdivision Regulations.
F. Exemptions to the Requirement to Plat
The following are exemptions to the platting requirements in 1.04.C:
1. Use of existing cemeteries complying with all State and local laws and regulations; and
2. Dedication of an easement or Right-of-Way by a separate document recordable in the County records if
approved by the Town.
1.05. Documents Comprising Subdivision Rules
The provisions of this Subdivision Ordinance, the standards governing constructed facilities applicable to Plats in other
portions of the Town’s Code of Ordinances, and the technical standards contained in the Design Standards and
Specifications constitute the subdivision rules of the Town, which apply to Applications for Plat approval.
1.06. Compliance Required with Town Plans and Ordinances
Compliance with all Town ordinances pertaining to the subdivision and development of land, and the transportation
plan of the Comprehensive Plan (where applicable), shall be required prior to approval of any Application pursuant
to this Subdivision Ordinance. All such ordinances and the Comprehensive Plan shall be construed to mean those
documents as they exist or may be amended. It is the property owner’s responsibility to be familiar with, and to
comply with, Town ordinances, the Comprehensive Plan, and the provisions of this Subdivision Ordinance.
A. Applicable Town Codes, Ordinances, and Plans
Applicable Town codes, ordinances, and plans with which all Applications must comply include, but are not
limited to, the following.
1. Comprehensive Plan (including all associated maps and plans);
2. Zoning Ordinance;
3. Parks, Recreation, and Open Space Master Plan or Ordinances;
4. Building Codes;
5. Drainage System Design Requirements;
6. International Fire Code;
7. Engineering Documents including the Design Standards and Specifications and other development-
related engineering standards;
8. Stormwater Quality and Land Disturbance Requirements;
9. Other Applicable portions of the Town’s Code of Ordinances; and
10. Federal, State, and local environmental regulations, provided however that the Town shall not be liable
for the non-enforcement of the same.
PROPOSED
Section 1: General Provisions Town of Prosper: Subdivision Ordinance
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1.07. Public Improvements Required
A. Subdivider’s Responsibility
1. The subdivider shall furnish, install and/or construct the Public Improvements (water and wastewater
systems and the street and drainage facilities) necessary for the proper development of the Subdivision.
2. All such facilities shall be designed and constructed in accordance with the Town’s Design Standards and
Specifications, and any other standards, specifications, and drawings as may be hereafter adopted,
approved by the Town Council and placed on file in the office of the Town Secretary.
B. Facilities Sizing
1. Where determined to be necessary by the Deputy Director of Engineering Services, the facilities shall be
sized in excess of that required by this Subdivision Ordinance or the Design Standards and Specifications
to provide for future growth and expansion.
2. The Town Council shall have the authority to participate in the difference between the cost of the facility
as sized and the additional cost of the upsized facility as determined by the Deputy Director of
Engineering Services and in accordance with the requirements of this Subdivision Ordinance and/or the
Design Standards and Specifications.
3. See Section 6.02.C Rough Proportionality and Fair Share Policy Statement for more details.
C. Development Agreement
1. Cases that Require a Development Agreement
a. When any of the required Public Improvements will be postponed and constructed after Final Plat
recordation, a Development Agreement is required.
b. When the Town participates in the cost of any Public Improvements, a Development Agreement is
required.
2. Development Agreements shall be based upon the requirements of this Subdivision Ordinance, and shall
provide the Town with specific authority to complete the Public Improvements required in the
Development Agreement in the event of failure by the developer, and to recover the full costs of such
measures.
3. The Development Agreement shall be a legally binding agreement between the Town and the Subdivider
and shall specify the individual and joint responsibilities of both the Town and the Subdivider.
4. For more information regarding Development Agreements, see 5.06 Security for Completion of Public
Improvements.
1.08. General Plat Requirements
A. Development Application
The Town shall have the authority to prepare standard Development Applications that outline specific
submission requirements. All submittals shall conform to the requirements within the appropriate
Development Application.
B. Application Fees
All Application fees shall be paid according to the Fee Schedule.
C. Zoning Regulations
All zoning regulations of the Town shall be adhered to for development under this Subdivision Ordinance for
property located within the Town’s corporate limits.
PROPOSED
Town of Prosper Subdivision Ordinance Section 1: General Provisions
DRAFT DATE: 5/1/2017 2:07 PM Page 7
D. Phased Development
1. If a property is to be developed in phases, then a Sketch Plan shall be submitted either at the Pre-
Application Meeting or with the Preliminary Plat Application, if no Pre-Application Meeting is held.
2. For phased development, the Sketch Plan shall cover the original property in its entirety and shall clearly
show the number of phases. Any neighboring properties under the same ownership shall also be
included on the Sketch Plan.
3. Phased developments shall coordinate with the surrounding land use plan, any Planned Development
concept plan or master plan, and existing developments.
4. Each phase shall submit a Preliminary Plat and Final Plat. However, nonresidential developments shall
be exempt from submitting a Preliminary Plat and shall submit a Preliminary Site Plan and/or Site Plan
in accordance with the Zoning Ordinance as it currently exists or may be amended.
5. If the developer elects to include multiple phases on a preliminary plat, then each phase shall only
submit a final plat as long as the preliminary plat is still valid.
E. Drainage
If provisions are necessary for drainage facilities on the unplatted future phases of the development, then
the Plat shall include separate instruments for off-site drainage needs and shall include appropriate notes
and descriptions providing the Town the appropriate permissions and approvals needed for access and for
maintaining and improving the drainage system.
1.09. Special Provisions, Enforcement, and Violations
A. Provisions
1. Plat Filing Requirement
a. A Subdivision Plat shall not be filed or recorded until it has been approved by the Town and all Public
Improvements have been inspected and preliminarily approved by the Town or otherwise provided
for by a Development Agreement, and any such actual recording shall be void unless such approval
shall be endorsed on the face of the Plat as hereinafter provided.
b. The above paragraph 1.09.A.1.a shall not apply to a Minor Plat, Conveyance Plat, or an Amending
Plat.
2. Wastewater (Sanitary Sewer) Collection System Requirement (Septic Tanks/OSSFs)
a. No new permit shall be issued by Collin or Denton County or the Town for any septic tank on any
lot within two hundred feet (200’) of an existing or proposed wastewater line without connection
to the Town’s facilities.
b. All existing septic tanks must comply with Texas Administrative Code, (Title 30, Part 1, Chapter 285),
On-Site Sewage Facilities and/or the current State of Texas rules and regulations regarding private
sewage facilities.
c. No permit shall be issued by the Collin or Denton County Health Department or by the Town for the
installation of septic tanks upon any lot in a subdivision for which a Final Plat has not been approved
and filed for record, or upon any lot in a subdivision in which the standards are contained herein,
referred to herein, or applicable under State or Federal Law have not been complied with in full.
3. Final Plat Required for Building Permits or Certificates of Occupancy
a. Residential Development: No Building Permits, except those specifically to be used as model homes,
shall be issued by the Town for any structure on a lot in a Subdivision for which a Final Plat has not
been approved and filed for record, nor for any structure on a lot within a Subdivision that the
PROPOSED
Section 1: General Provisions Town of Prosper: Subdivision Ordinance
Page 8 DRAFT DATE: 5/1/2017 2:07 PM
standards contained herein or referred to herein have not been complied with in full. Model permits
can only be issued in accordance with the Town’s Early Model Home Permit Policy.
b. Non-residential Development: No certificates of occupancy shall be issued by the Town for any
structure on a lot in a Subdivision for which a Final Plat has not been approved and filed for record.
4. Selling or Transferring Lots Prohibited Until Completion
No lot in any subdivision shall be sold or transferred until the Plat is approved and recorded, and all the
standards, specifications or requirements contained or referred to herein have been complied with in
full.
5. Services Prohibited to Subdivision Until Completion
For a residential subdivision, no person or entity including the Town itself shall sell or supply any utility
service such as water, gas, electricity, telephone, cable, communication or wastewater service within a
Subdivision for which a Plat has not been approved or filed for record, nor in which the standards
contained herein or referred to herein have not been complied with in full, unless that utility is being
provided to a model home.
6. Compliance with Standards Required
The Town shall not authorize any other person nor shall the Town itself be required to repair, maintain,
install or provide any streets or public utility services in any Subdivision for which the standards
contained herein or referred to herein have not been complied with in full.
7. Dedications
a. Refusal or denial of a Plat by the Planning & Zoning Commission shall be deemed a refusal by the
Town to accept the offered dedications shown thereon.
b. Approval of a Plat shall not impose any duty upon the Town concerning the maintenance or
improvement of any such dedicated until final acceptance by the Town.
B. Enforcement
On behalf of the Town, the Town Attorney may institute appropriate action in a court of competent
jurisdiction to enforce the provisions of this Subdivision Ordinance or the standards referred to herein with
respect to any violation thereof that occurs within any area subject to all or a part of the provisions of this
Subdivision Ordinance.
C. Violations and Fines
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who
resists the enforcement of any of the provisions of the Subdivision Ordinance shall be fined not more than
$2,000.00 for each violation. Each day that a violation is permitted to exist shall constitute a separate
offense, and any action seeking fines may allege a time span of violations and shall not be required to file a
separate cause of action for each day of the same violation.
1.10. Summary of the General Subdivision Procedure
Any owner or Developer of any lot, tract, or parcel of land located within the corporate limits of the Town or within
its Extraterritorial Jurisdiction (ETJ) who wishes to subdivide such land shall conform to the following procedure.
A. General Overview of the Platting Process
1. Pre-Application Meeting
2. Preliminary Plat Submittal and Approval (Residential Development Only)
3. Final Plat Submittal and Approval, with Construction Plans Submitted Concurrently
4. Approval of Construction Plans
PROPOSED
Town of Prosper Subdivision Ordinance Section 1: General Provisions
DRAFT DATE: 5/1/2017 2:07 PM Page 9
5. Construction of Improvements
6. Final Inspection and Submission of Final Acceptance Documents
7. Signature and Filing of the Final Plat
8. Town Acceptance of Improvements (Letter of Final Acceptance)
B. Detailed Steps
The detailed steps within each phase of the Subdivision development procedure are covered in this
subsection, Section 4, Section 5, and Section 6.
PROPOSED
Section 1: General Provisions Town of Prosper: Subdivision Ordinance
Page 10 DRAFT DATE: 5/1/2017 2:07 PM
Figure 1: General Overview of the Platting Process
Recommended Pre-Application Meeting between the
Applicant and Town Staff
Preliminary Plat Submitted (Residential Developments
Only)
Preliminary Plat Approval
(Residential Developments Only)
Final Plat Submitted along with the Submittal of
Construction Plans
Final Plat Approval
Approval of Construction Plans
Building Permits can be Issued
(Non-residential Developments Only)
Construction of Improvements (Roads, etc.)
Town Inspects Subdivision and Final Acceptance
Documents Submitted
Town Signs the Final Plat
Final Plat Filed with County
Town Issues "Letter of Final Acceptance" for
Improvements
(If improvements fail to meet Town standards, then the
Town will enforce the developer's guarantees)
Building Permits can be Issued
(Residential Developments Only)
PROPOSED
Town of Prosper Subdivision Ordinance Section 2: Development Review Bodies
DRAFT DATE: 5/1/2017 2:07 PM Page 11
Section 2. Development Review Bodies
2.01. Town Council
A. Responsibilities
Table 1 is a summary of the Town Council’s responsibilities within the Subdivision Ordinance.
Table 1: Town Council Responsibilities
4.04.J.4.b Approving/Denying an Appeal of the Commission’s Decision on a Preliminary Plat Extension
4.05.O.4.b Approving/Denying an Appeal of the Commission’s Decision on a Final Plat Extension
4.10.D Approving/Denying a Plat Vacation
7.01.J Approving/Denying an Administrative Waiver Appeal
7.01.C.2 Approving/Denying a Council Waiver
7.02.C.3 Approving/Denying a Subdivision Proportionality Appeal
2.02. Planning & Zoning Commission
A. Responsibilities
Table 2 is a summary of the Planning & Zoning Commission’s responsibilities within the Subdivision
Ordinance.
Table 2: Planning & Zoning Commission Responsibilities
4.04.F Approving/Denying a Preliminary Plat
4.04.J.4.a Approving/Denying an Appeal of the Director of Development Services’ Decision on a Preliminary Plat Extension
4.05.O.4.a Approving/Denying an Appeal of the Director of Development Services’ Decision on a Final Plat Extension
4.05.H Approving/Denying a Final Plat
4.06.H.1. Approving/Denying a Deferral to the Commission of a Minor Plat Decision
4.07.H Approving/Denying a Replat
4.09 Approving/Denying a Conveyance Plat
4.07.H.2.b.i Approving/Denying a Deferral to the Commission of a Minor Replat Decision
4.08.H.1 Approving/Denying a Deferral to the Commission of an Amending Plat Decision
7.01.J Recommending an Administrative Waiver Appeal
7.01.H.3.a Recommending a Council Waiver
2.03. Town Manager
A. Responsibilities
Table 3 is a summary of the Town Manager’s responsibilities within the Subdivision Ordinance.
Table 3: Town Manager Responsibilities
6.20.H.8 Refunds of Park Improvement Fees
PROPOSED
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2.04. Director of Development Services
A. Responsibilities
Table 4 is a summary of the Director of Development Services’ responsibilities within the Subdivision
Ordinance.
Table 4: Director of Development Services Responsibilities
4.04.E Reviewing a Preliminary Plat
4.04.J Approving/Denying a Preliminary Plat Extension
4.05.O Approving/Denying a Final Plat Extension for Approved but not Filed Plats
4.04.K.3 Approving/Denying a Determination of Minor or Major Preliminary Plat Amendments
4.05.G Reviewing a Final Plat
4.06.G Approving/Deferring a Minor Plat
4.07.H Reviewing a Replat
4.07.H.2.b Approving/Deferring a Minor Replat
4.08.G Approving/Deferring an Amending Plat
4.09 Reviewing a Conveyance Plat
4.10.C Recommending a Plat Vacation
7.01.C.1 Approving/Denying an Administrative Waiver (as applicable)
2.05. Deputy Director of Engineering Services
A. Responsibilities
Table 5 is a summary of the Deputy Director of Engineering Services’ responsibilities within the Subdivision
Ordinance.
Table 5: Deputy Director of Engineering Services Responsibilities
5.01 Approving/Denying Construction Plans
5.01 Approving/Denying an Extension of Construction Plans beyond Expiration Date
5.03 Approving a Construction Release
5.06.B.2 Approving Escrow
5.06.C Approving the Estimated Cost and Security Approval
7.01.C.1 Approving an Administrative Waiver (as applicable)
7.02.C Recommending a Subdivision Proportionality Appeal
2.06. Director of Public Works
A. Responsibilities
Table 6 is a summary of the Director of Public Works’ responsibilities within the Subdivision Ordinance.
Table 6: Director of Public Works Responsibilities
5.02 Conducting a Pre-Construction Meeting
5.05.A Approving Inspection of Public Improvements
PROPOSED
Town of Prosper Subdivision Ordinance Section 3: Application Submittal and Processing Procedures
DRAFT DATE: 5/1/2017 2:07 PM Page 13
Section 3. Application Submittal and Processing Procedures
3.01. Pre-Application Meeting
A. Purpose
1. The Pre-Application Meeting is intended to allow for the exchange of non-binding information between
the Applicant and Town Staff to ensure that the Applicant is informed of pertinent Town development
regulations and processes.
2. The Pre-Application Meeting provides an opportunity for the Applicant and Town Staff to discuss major
development considerations such as utilities, roadways, drainage concerns, Comprehensive Plan
elements, specific neighborhood characteristics, and historic information.
3. This exchange of information is intended to promote an efficient and orderly review process.
B. Pre-Application Meeting before the Submission of Plans and Applications
1. Prior to formal submittal of any required plan or Application, the Applicant is encouraged to consult with
the Director of Development Services, the Deputy Director of Engineering Services, and any other
pertinent Town Staff in order for the Applicant to become familiar with the Town’s development
regulations and the development process.
2. At the Pre-Application Meeting, the Applicant may be represented by his/her land planner, engineer,
surveyor, or other qualified professional.
3. Pre-Application Meetings are encouraged for all Plat Applications, see Sections 4.04 through 4.10.
4. Pre-Application Meetings do not vest a permit, application or other type of development approval,
pursuant to Chapter 245, LGC.
3.02. General Application Processing
A. Initiation of Application
1. Initiation by Owner or Owner’s Agent
a. Unless provided by this Subdivision Ordinance, any petition or Application may be initiated only by
the property owner, owner of interest in the land, or by the owner's designated agent.
b. If the Applicant is a designated agent, the Application shall include a written statement from the
property owner authorizing the agent to file the Application on the owner's behalf.
c. The Responsible Official may require submission of documents, such as an affidavit from the owner,
to provide evidence of ownership or agency.
2. Initiation by Town Manager
The Town Manager can initiate an Application on Town-owned property authorized under this
Subdivision Ordinance.
B. Waiver of Application Information
The Responsible Official may initially waive the submission of any information in the Application and
accompanying materials that are not necessary due to the scope and nature of the proposed activity.
PROPOSED
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C. Universal Application Contents
1. Application Forms Generally
The Town is hereby authorized to prepare Application Forms that include information requirements,
checklists, architectural or engineering drawing sizes, Applicant contact information, and any other
information necessary to show compliance with Town codes.
2. All Application Forms are available from the Director of Development Services.
D. Application Forms
1. The Director of Development Services shall create, manage, and update Application Forms for all
Development Applications authorized under 3.02.C.1.
2. The Director of Development Services may develop a “Development Manual” that is a policy document
for the public to reference.
E. Application Fees
1. Every Application shall be accompanied by the prescribed fees set forth in the adopted Fee Schedule.
2. The prescribed fee shall not be refundable.
3. The Fee Schedule may be amended from time to time by the Town Council.
F. Payment of all Indebtedness Attributable to the Subject Property
1. No Application shall be accepted or reviewed for completeness for a property on which delinquent
taxes, assessments, any fees, or is otherwise indebted to the Town for the Subject Property until the
taxes, assessments, debts, or obligations shall have been first fully discharged by payment, or until an
arrangement has been made for the payment of such debts or obligations.
2. It shall be the Applicant's responsibility to provide evidence or proof that all taxes, fees, etc. have been
paid, or that other arrangements have been made for payment of said taxes, fees, etc.
G. Modification of Applications
1. Modifications Requested by the Town
Should the Town require revisions to an Application and the Applicant makes all requested revisions and
resubmits that Application to the Town at least fourteen (14) calendar days in advance of the original
Application decision date, then the Application shall be decided on that original decision date in
accordance with this Subdivision Ordinance.
2. Modifications not Requested by the Town
In all other instances (e.g., when the Applicant chooses to submit a revised Application of his/her own
accord because of a change in development decisions), submittal of a modified Application shall be
treated as a new Application with regards to review time periods.
H. Action by Responsible Official
1. Circulate and Compile Comments
After an Application has been determined to be complete, the Responsible Official may circulate all
applicable application materials to all other administrative officials and departments whose review is
required for a decision on the Application and shall compile the comments and recommendations of the
officials.
PROPOSED
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2. Decision Rendered, If Applicable
The Responsible Official shall render a decision in the time prescribed for the Application, if the official
is the Decision-Maker for the Application.
3. Forward Application and Provide Notification
a. In cases where the Responsible Official is not the Decision-Maker, the Responsible Official shall
forward the Application for review to any advisory board/commission and the final Decision-Maker,
and shall prepare a report to such board or commission, or to the Town Council, including the
compilation of any comments and recommendations by other administrative officials.
b. The Responsible Official also shall prepare required notices and schedule the Application for
decision within the time and in the manner required by this Subdivision Ordinance and as otherwise
may be required by law.
I. Recommendation by Advisory Board
Unless otherwise prescribed within this Subdivision Ordinance, an advisory board that is required to offer a
recommendation to the Decision-Maker shall recommend one of the following:
1. Recommend approval;
2. Recommend approval with conditions; or
3. Recommend denial.
J. Action by the Decision-Maker
1. The Decision-Maker for the Application shall approve or deny the Application within the time prescribed
by this Subdivision Ordinance.
2. Unless otherwise prescribed by law or Town Charter, where the Decision-Maker is a board, commission
or the Town Council, the Application shall be decided by majority vote of a quorum of the members of
the board, commission or the Town Council.
3.03. 30-Day Time Frame for Plat Approvals
A. Right to 30-Day Action for Plat Applications Begins on the Official Submission Date
The statutory 30-day time frame for Plat approvals, established by TLGC 212, shall commence on the Official
Submission Date.
B. Waiver of Right to 30-Day Action
The Director of Development Services may approve a Waiver of Right to 30-Day Action.
1. Request
An Applicant may submit in writing a Waiver of Right to 30-Day Action at any time prior to a final decision
on an application.
2. Received
a. If the Applicant requests a Waiver of Right to 30-Day Action, the Waiver of Right to 30-Day Action
must be received by the Director of Development Services on or before the seventh (7th) calendar
day prior to the Planning & Zoning Commission meeting at which action would have to be taken
(based on the 30-day requirement in State law) on the Application.
b. Waiver requests that are not received by the time for final decision shall not be considered properly
submitted, and action shall be taken on the Application at such meeting as scheduled.
PROPOSED
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3. Requirements Maintained
a. Action pursuant to a Waiver of Right to 30-Day Action shall not be deemed in any way a waiver to
any requirement within this Subdivision Ordinance.
b. A waiver from requirements herein is a separate and distinct process (see 7.01 Petition for
Subdivision Waiver).
3.04. Processing, Action, and Notification Following Subdivision Application Decision
A. Action by the Responsible Official
1. The Responsible Official for an Application shall initiate internal (i.e., Town) review and assessment of
the Application.
2. The Responsible Official shall also, to the extent possible, work with the Applicant by advising on and
communicating revisions that may be necessary to bring the Application into compliance with Town
regulations in preparation for consideration by the appropriate Decision-Maker.
B. Decision
The Decision-Maker for the Application shall approve or deny the Application within the time period
prescribed by these Subdivision Regulations.
C. Notification of Decision
If requested, the Town shall provide notice following the date of a decision on an Application. The use of
electronic mail (email) shall be proper notice.
D. Notification of Appeal
If requested, the Town shall provide notice of appeal proceedings to the Applicant. The use of electronic
mail (email) shall be proper notice.
3.05. Public Hearings for Replat Applications
A. Setting the Hearing
1. When the Responsible Official determines that an Application is complete and that a public hearing is
required by Section 4.07.C Public Hearing and Notice Requirements or by State law, the official shall
schedule the public hearing and if required by Section 4.07.C shall cause notice of such hearing to be
prepared and made in accordance with State law.
2. The time set for the public hearing shall conform to the time periods required by Section 4.07.C (Replat)
and by State law.
B. Conduct of the Hearing
1. The public hearing shall be conducted in accordance with State law.
2. Any person may appear at the public hearing and submit evidence, either individually or as a
representative of an organization.
C. Record of Proceedings
The Town shall record the hearing proceedings using standard municipal record-keeping procedures.
PROPOSED
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3.06. Amendments and Expiration to Approved Subdivision Applications
A. Amendments/Revisions to an Approved Subdivision Application
Unless another method is expressly provided by these Subdivision Regulations, any request to amend or
revise an approved Application shall be considered a new Application, which must be decided in accordance
with the procedures governing the original Application and the standards in effect at the time such new
Application is filed with the Town.
B. Expiration of an Approved Subdivision Application
1. Subdivision Application Expiration – Two (2) Years
Unless otherwise expressly provided by these Subdivision Regulations, an approved Application shall
automatically expire two (2) years following the approval date of the Application (see 5.01.F Expiration
Date for Construction Plans for expiration of Construction Plans), and shall become null and void.
2. Applications with No Time Limit
If no time limit for satisfaction of conditions is specified in the decision on the Application or in the
regulations governing, the time shall be presumed to be two (2) years following the date the Application
was approved.
3. Applications with Vested Right
Unless a different date is determined pursuant to and upon review of a vested rights petition, an
Application approved prior to the effective date of these Subdivision Regulations shall expire in
accordance with the terms of the regulations in effect at the time the Application was filed.
4. Effect of Expiration
A new Application must be submitted for consideration and approval subject to regulations in effect at
the time the new Application is filed.
PROPOSED
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(This Page Intentionally Left Blank for Double-Sided Printing)
PROPOSED
Town of Prosper Subdivision Ordinance Section 4: Platting Requirements
DRAFT DATE: 5/1/2017 2:07 PM Page 19
Section 4. Platting Requirements
4.01. General Subdivision and Platting Procedures
A. Plats Required for Land Subdivision
A Final Plat or Minor Plat shall be approved prior to any land division that is subject to these regulations and
prior to commencement of any new development.
B. Replats and Amending Plats
1. Replat
A Replat, in accordance with State law and the provisions of Section 4.07 Replat, shall be required any
time a platted, recorded lot is further divided or expanded, thereby changing the boundary and
dimensions of the property.
2. Amending Plat
In the case of minor revisions to recorded Plats or lots, an Amending Plat may also be utilized if in
accordance with Section 4.08 Amending Plat.
C. Zoning
1. Conformance with Existing Zoning
All Applications for land within the Town’s corporate limits shall be in conformance with the existing
zoning on the property.
2. Request to Rezone Prior to Platting
a. If an Applicant seeks to amend the zoning for property, the request to rezone the property shall be
submitted and approved prior to acceptance of an Application for filing of a Plat, unless otherwise
provided below.
b. The Applicant may request approval from the Director of Development Services to submit an
Application simultaneously with the zoning change request, in which case the Application for the
zoning amendment shall be acted upon first, provided that the Application is accompanied by a
properly executed Waiver of Right to 30-Day Action (due to the additional time frame necessary to
advertise and process zoning Applications).
3. Zoning Ordinance Site Plan Approval
Where Site Plan approval is required by the Zoning Ordinance, as it currently exists or may be amended,
prior to development, no Final Plat shall be approved until a Site Plan has been approved for the land
subject to the proposed Plat.
4.02. Pre-Application Meeting
See Section 3.01 Pre-Application Meeting.
4.03. Sketch Plan
A. Purpose
The purpose of a Sketch Plan shall be to serve as a non-binding visual aid to the Applicant and to the Town
during the Pre-Application Meeting (Section 3.01). The Sketch Plan shall be used to identify major
development considerations such as utilities, roadways, drainage concerns, Comprehensive Plan elements,
specific neighborhood characteristics, and historic information.
PROPOSED
Section 4: Platting Requirements Town of Prosper: Subdivision Ordinance
Page 20 DRAFT DATE: 5/1/2017 2:07 PM
B. Sketch Plan for the Pre-Application Meeting
1. A Sketch Plan shall be prepared by the Applicant. The Applicant shall provide a Sketch Plan a minimum
of 48 hours prior to a scheduled Pre-Application Meeting.
2. The Sketch Plan shall show the entire property ownership and any approved Planned Development (PD)
zoning district’s concept plan.
C. Sketch Plan Standards
The Sketch Plan shall be a freehand pencil sketch or computer drawn sketch to approximate scale and shall
show the following elements:
1. Street layouts and/or common access driveways,
2. Lots,
3. The boundaries of the original property in its entirety,
4. Proposed improvements,
5. Proposed/permanent stormwater Best Management Practices (BMP) detention and/or retention
locations as applicable, and
6. Other significant features, as requested by the Town.
4.04. Preliminary Plat
A. Purpose
The purpose of a Preliminary Plat shall be to determine the general layout of the subdivision, the adequacy
of public facilities needed to serve the intended development, and the overall compliance of the land division
with applicable requirements of these Subdivision Regulations.
B. Applicability
Unless listed below as an exception (4.04.C), no subdivision of land shall be allowed without proper
submittal, approval, and adoption of a Preliminary Plat.
C. Exceptions
1. An approved Preliminary Plat is not required when a Minor Plat is submitted (refer to 4.06 Minor Plat).
2. An approved Preliminary Plat is not required for nonresidential development.
D. Accompanying Applications
1. Preliminary and Other Types of Plans
An Application for a Preliminary Plat shall be accompanied by the following, in accordance with the
Town’s Development Manual:
a. A Preliminary Plat Application Form, which can be obtained in the Development Manual;
b. Preliminary Drainage Plan (Section 6.14.J);
c. Preliminary Utility Plan (Section 6.12.C); and
d. Other plans, if deemed necessary, for thorough review by the Director of Development Services or
the Deputy Director of Engineering Services, such as a Planned Development Master Plan.
Approval of each plan shall be separate and in accordance with this 4.04 Preliminary Plat.
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2. Proof of Ownership Required
The Applicant shall furnish one of the following with the Application to the Town:
a. A current title commitment issued by a title insurance company authorized to do business in Texas,
b. A title opinion letter from an attorney licensed to practice in Texas,
c. A tax certificate from the County in which the property is located, or
d. Some other acceptable proof of ownership, identifying all persons or entities having an ownership
interest in the property subject to the Preliminary Plat, including all lienholders.
E. Review by Director of Development Services
The Director of Development Services shall:
1. Initiate review of the plat and materials submitted as specified in the Development Manual;
2. Make available Plats and reports to the Commission for review; and
3. Upon determination that the Application is ready to be acted upon, schedule the Preliminary Plat for
consideration on the agenda of the next available meeting of the Planning & Zoning Commission.
F. Action by the Planning & Zoning Commission
The Commission shall:
1. Review the Preliminary Plat Application, the findings of the Director of Development Services, and any
other information available.
a. From all such information, the Commission shall determine whether the Preliminary Plat conforms
to these Subdivision Regulations.
2. Act within thirty (30) calendar days following the Official Submission Date, unless the Applicant submits
a Waiver of Right to 30-Day Action as outlined in 3.03.B.
a. If no decision is rendered by the Commission within the thirty (30) day period described above or
such longer period as may have been agreed upon, the Preliminary Plat, as submitted, shall be
deemed approved by the Commission.
3. Take one of the following actions:
a. Approve the Preliminary Plat;
b. Approve the Preliminary Plat with conditions; or
c. Deny the Preliminary Plat.
G. Criteria for Approval
The following criteria shall be used by the Commission to determine whether the Preliminary Plat shall be
approved or denied:
1. All Plats must be drawn to conform to the zoning regulations currently applicable to the property. If a
zoning change for the property is proposed, then the zoning change must be completed before the
approval of any Preliminary Plats/Final Plats;
2. No Plat or Replat may be approved that leaves a structure located on a remainder subdivided lot;
3. The proposed provision and configuration of Public Improvements including, but not limited to, roads,
water, wastewater, storm drainage, electric, park facilities, open spaces, habitat restoration, easements
and Right-of-Way that are adequate to serve the development, meet applicable standards of these
Subdivision Regulations, and conform to the Town’s adopted master plans for those facilities;
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4. The Preliminary Plat has been duly reviewed by applicable Town staff;
5. The Preliminary Plat conforms to design requirements and construction standards as set forth in the
Design Standards and Specifications;
6. The Preliminary Plat is consistent with the Comprehensive Plan, except where application of the Plan
may conflict with State law;
7. The proposed development represented on the Preliminary Plat does not endanger public health, safety
or welfare; and
8. The Preliminary Plat conforms to the Development Services’ subdivision Application checklists.
H. Effect of Approval
1. Approval of a Preliminary Plat shall allow the Applicant to proceed with the development and platting
process by submitting Construction Plans (5.01) and a Final Plat (4.05).
2. Approval of the Preliminary Plat shall be deemed general approval of the subdivision’s layout only, and
shall not constitute approval or acceptance of Construction Plans or a Final Plat.
I. Expiration
1. Two-Year Validity
a. The approval of a Preliminary Plat shall remain in effect for a period of two (2) years following the
date of approval, during which period the Applicant shall submit and receive approval for
Construction Plans and a Final Plat for the land area shown on the Preliminary Plat.
b. If Construction Plans and a Final Plat Application have not been approved within the two (2) year
period, the Preliminary Plat shall expire.
2. Relationship to Construction Plans
A Preliminary Plat shall remain valid for the period of time in which approved Construction Plans are
valid (5.01.F Expiration Date for Construction Plans).
3. Portion of Preliminary Plat
All portions of the Preliminary Plat that do not have an approved Final Plat prior to expiration or any
extension shall become void. A new Preliminary Plat application shall be submitted and processed.
4. Void If Not Extended
If the Preliminary Plat is not extended as provided in 4.04.J Preliminary Plat Extension, it shall expire and
shall become null and void.
J. Preliminary Plat Extension
A Preliminary Plat may be extended for a period not to exceed one (1) year beyond the Preliminary Plat’s
initial expiration date. A request for extension shall be submitted to the Director of Development Services
in writing at least thirty (30) calendar days prior to expiration of the Preliminary Plat, and shall include
reasons why the Preliminary Plat should be extended. The request shall also note the anticipated date for
submitting a Final Plat application.
1. Decision by the Director of Development Services
a. The Director of Development Services will review the extension request and shall approve or deny
the extension request within thirty (30) calendar days following the date of the request.
b. Should the Director of Development Services fail to act on an extension request within thirty (30)
calendar days, the extension shall be deemed to be approved.
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2. Considerations
In considering an extension, the Director of Development Services shall consider whether the following
conditions exist:
a. A Final Plat has been submitted and/or approved for any portion of the property shown on the
Preliminary Plat;
b. Construction Plans have been submitted and/or approved for any portion of the property shown
on the Preliminary Plat;
c. Construction, which includes the installation of public improvements, is occurring on the subject
property;
d. The Preliminary Plat complies with new ordinances that impact the health, safety and general
welfare of the community; and/or
e. If there is a need for a park, school or other public facility or improvement on the property.
3. Conditions
a. In granting an extension, the Director of Development Services may impose such conditions as are
needed to ensure that the land will be developed in a timely fashion and that the public interest is
served.
b. Any extension may be predicated upon compliance with new development regulations and/or the
modification of vested rights.
4. Appeal of the Denial of a Preliminary Plat Approval Extension
a. Appeal of the Director of Development Services’ Decision on a Preliminary Plat Extension
i. The denial of an extension by the Director of Development Services may be appealed to the
Commission.
ii. A written request for such appeal shall be received by the Director of Development Services
within fourteen (14) calendar days following the denial.
iii. The Commission shall hear and consider such an appeal within thirty (30) calendar days
following receipt of the appeal request by the Director of Development Services.
b. Appeal of the Commission’s Decision on a Preliminary Plat Extension
i. The denial of an extension by the Commission may be appealed to the Town Council.
ii. A written request for such appeal shall be received by the Director of Development Services
within fourteen (14) calendar days following the denial.
iii. The Town Council shall hear and consider such an appeal within thirty (30) calendar days
following receipt of the appeal request by the Director of Development Services.
iv. The decision of the Town Council is final.
K. Amendments to Preliminary Plats Following Approval
1. Minor Amendments to Preliminary Plats
a. Minor amendments to the design of the subdivision may be incorporated into an Application for
Final Plat approval without the necessity of filing a new Application for re-approval of a Preliminary
Plat.
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b. Minor amendments may only include minor adjustments in street or alley alignments, lengths and
paving details and minor adjustments to lot lines that:
i. Do not result in creation of additional lots or any non-conforming lots, and
ii. Are consistent with approved prior Applications.
c. Any increase to the size of a property shown on a Preliminary Plat, or increase to the density of
single-family residential lots shown on a Preliminary Plat, shall not be considered minor
amendments.
2. Major Amendments to Preliminary Plats
All other proposed changes to the design of the subdivision subject to an approved Preliminary Plat shall
be deemed major amendments that require submittal and approval of a new Application for approval
of a Preliminary Plat (including new fees, new reviews, etc.) before approval of Construction Plans
and/or a Final Plat.
3. Determination of Minor or Major Preliminary Plat Amendments
The Director of Development Services shall make a determination of whether proposed amendments
are deemed to be minor or major, thereby requiring new submittal of a Preliminary Plat.
4.05. Final Plat
A. Purpose
The purpose of a Final Plat is to ensure that:
1. The proposed Subdivision and development of the land is consistent with all standards of these
Subdivision Regulations pertaining to the adequacy of public facilities,
2. Public Improvements to serve the Subdivision or development have been installed and accepted by the
Town, or that provision for such installation has been made, and
3. All other Town requirements and conditions have been satisfied or provided for to allow the Final Plat
to be recorded.
B. Applicability
Unless listed below as an exception (4.05.C), no subdivision of land shall be allowed without proper
submittal, approval, and adoption of a Final Plat.
C. Exceptions
A Final Plat is not required when a Minor Plat is submitted (refer to 4.06 Minor Plat).
D. Proof of Ownership Required
1. The Applicant shall furnish with the Application to the Town either a current title commitment issued
by a title insurance company authorized to do business in Texas, a title opinion letter from an attorney
licensed to practice in Texas, or some other acceptable proof of ownership, identifying all persons having
an ownership interest in the property subject to the Final Plat.
2. The Final Plat shall be signed by each owner, or by the representative of the owners authorized to sign
legal documents for the owners and lienholder, effectively denoting that they are consenting to the
platting of the property and to the dedications and covenants that may be contained in the Final Plat.
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E. Accompanying Applications
1. A Final Plat Application Form, which can be obtained from the Director of Development Services.
2. For nonresidential development, a Preliminary Site Plan for the entire development and a Site Plan for
each lot shall be required with the Final Plat Application.
3. An Application for a Final Plat shall be accompanied by Construction Plans.
4. Approval of the Final Plat and Construction Plans shall be separate and in accordance with this Section
4.05 Final Plat and with Section 5.01 Construction Plans.
F. Prior Approved Preliminary Plat
1. The Final Plat and all accompanying data shall conform to the approved Preliminary Plat, or as the
Preliminary Plat may have been amended per Section 4.04.K Amendments to Preliminary Plats Following
Approval, if applicable, incorporating all conditions imposed or required, if applicable.
2. Final Plats for nonresidential developments are exempt from having an approved Preliminary Plat.
G. Review by Director of Development Services
The Director of Development Services shall:
1. Initiate review of the plat and materials submitted,
2. Make available Plats and reports to the Commission for review, and
3. Upon determination that the Application is ready to be acted upon, schedule the Final Plat for
consideration on the agenda of the next available meeting of the Commission.
H. Action by Planning & Zoning Commission
The Commission shall:
1. Review the Final Plat Application, the findings of the Director of Development Services, and any other
information available.
a. From all such information, the Commission shall determine whether the Final Plat conforms to
these Subdivision Regulations.
2. Act within thirty (30) calendar days following the Official Submission Date, unless the Applicant submits
a Waiver of Right to 30-Day Action as outlined in 3.03.B.
a. If no decision is rendered by the Commission within the thirty (30) day period described above or
such longer period as may have been agreed upon, the Final Plat, as submitted, shall be deemed to
be approved by the Commission.
3. Take one of the following actions:
a. Approve the Final Plat;
b. Approve the Final Plat with conditions; or
c. Deny the Final Plat.
4. A motion to approve a Final Plat shall be subject to the following conditions, whether or not stated in
the motion to approve:
a. All required fees shall be paid.
b. All covenants required by ordinances have been reviewed and approved by the Town.
c. Any and all easements and Right-of-Way as determined by Engineering Services shall be dedicated
and filed of record and properly described and noted on the proposed plat.
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d. All required abandonments of public Right-of-Way must be approved by the Town Council and the
abandonment recording information shown on the plat.
e. Original tax certificates have been presented from each taxing unit with jurisdiction of the real
property showing the current taxes are paid.
I. Final Plat Criteria for Approval
The following criteria shall be used by the Commission to determine whether the Final Plat shall be approved
or denied.
1. The Final Plat conforms to the approved Preliminary Plat except for minor amendments that are
authorized under Section 4.04.K Amendments to Preliminary Plats Following Approval and that may be
approved without the necessity of revising the approved Preliminary Plat;
2. All conditions imposed at the time of approval of the Preliminary Plat, as applicable, have been satisfied;
3. The final layout of the Subdivision or development meets all standards for adequacy of public facilities
contained in this Subdivision Ordinance;
4. The Plat conforms to design requirements and construction standards as set forth in the Design
Standards and Specifications; and
5. The plat conforms to Director of Development Services’ subdivision Application checklists and
Subdivision Ordinance regulations.
J. Procedures for Final Plat Recordation after Approval and Conditional Acceptance of Improvements
or Financial Guarantee of Improvements
1. Number of Copies of the Final Plat and Applicant Signatures
Contained within the Final Plat Application, the Applicant shall provide the required number of signed
and executed copies of the Final Plat for filing with the County (in the County’s required format).
2. Town Signatures
After approval of the Final Plat by the Commission, the Director of Development Services shall procure
the appropriate Town signatures.
K. Effect of Recordation
The recordation of a Final Plat:
1. Supersedes any prior approved Preliminary Plat for the same land.
2. Authorizes the Applicant to seek issuance of a Building Permit and sell or transfer lots.
L. Revisions Following Recording/Recordation
Revisions may only be processed and approved as a Replat, Minor Replat, or Amending Plat, as applicable.
M. Signature Blocks
The Director of Development Services shall develop and maintain wording for Final Plat signature blocks.
This wording shall be made available to the general public via the Town’s development manual or similar
type document.
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N. Expiration of Approved but not Filed Plat
1. Two-Year Validity
a. The approval of a Final Plat shall remain in effect for a period of two (2) years following the date of
approval, during which period the Applicant shall submit and receive approval for Construction
Plans for the land area shown on the Final Plat.
b. If Construction Plans have not been approved within the two (2) year period, the Final Plat shall
expire.
2. Relationship to Construction Plans
A Final Plat shall remain valid for the period of time in which approved Construction Plans are valid
(5.01.F Expiration Date for Construction Plans).
3. Void If Not Extended
If the Final Plat is not extended as provided in 4.05.O Final Plat Extension for Approved but not Filed
Plats, it shall expire and shall become null and void.
4. Approved Final Plats that have been Filed (Recorded with the County)
shall not expire.
O. Final Plat Extension for Approved but not Filed Plats
A Final Plat may be extended for a period not to exceed one (1) year beyond the Final Plat’s initial expiration
date. A request for extension shall be submitted to the Director of Development Services in writing at least
thirty (30) calendar days prior to expiration of the Final Plat, and shall include reasons why the Final Plat
should be extended.
1. Decision by the Director of Development Services
a. The Director of Development Services will review the extension request and shall approve or deny
the extension request within thirty (30) calendar days following the date of the request.
b. Should the Director of Development Services fail to act on an extension request within thirty (30)
calendar days, the extension shall be deemed to be approved.
2. Considerations
In considering an extension, the Director of Development Services shall consider whether the following
conditions exist:
a. Construction Plans have been submitted and/or approved for any portion of the property shown
on the Final Plat;
b. Construction, including the installation of public improvements, is occurring on the property;
c. The Final Plat complies with new ordinances that impact the health, safety and general welfare of
the community; and/or
d. If there is a need for a park, school or other public facility or improvement on the property.
3. Conditions
a. In granting an extension, the Director of Development Services may impose such conditions as are
needed to ensure that the land will be developed in a timely fashion and that the public interest is
served.
b. Any extension may be predicated upon compliance with new development regulations and/or the
Applicant waiving any vested rights.
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4. Appeal of the Denial of a Final Plat Approval Extension
a. Appeal of the Director of Development Services’ Decision on a Final Plat Extension
i. The denial of an extension by the Director of Development Services may be appealed to the
Commission.
ii. A written request for such appeal shall be received by the Director of Development Services
within fourteen (14) calendar days following the denial.
iii. The Commission shall hear and consider such an appeal within thirty (30) calendar days
following receipt of the appeal request by the Director of Development Services.
b. Appeal of the Commission’s Decision on a Final Plat Extension
i. The denial of an extension by the Commission may be appealed to the Town Council.
ii. A written request for such appeal shall be received by the Director of Development Services
within fourteen (14) calendar days following the denial.
iii. The Town Council shall hear and consider such an appeal within thirty (30) calendar days
following receipt of the appeal request by the Director of Development Services.
iv. The decision of the Town Council is final.
4.06. Minor Plat
A. Purpose
The purpose of a Minor Plat is to simplify divisions of land under certain circumstances as outlined in Texas
Local Government Code Section 212.0065.
B. Applicability
An Application for approval of a Minor Plat may be filed only in accordance with State law, when all of the
following circumstances apply:
1. The proposed division results in four (4) or fewer lots;
2. All lots in the proposed Subdivision front onto an existing public street and the construction or extension
of a street or alley is not required to meet the requirements of these Subdivision Regulations; and
3. Except for Right-of-Way widening and easements, the plat does not require the extension of any
municipal facilities to serve any lot within the Subdivision.
C. Application Requirements
The requirements for the submittal of a Minor Plat shall be determined by the Director of Development
Services on the Application Form.
D. Additional Requirements
To be considered a Minor Plat, the following requirements must also be met:
1. The proposed Plat shall be for the Subdivision of one (1) tract into four (4) or fewer lots.
2. The person, firm or corporation presenting the proposed Plat shall dedicate all easements and Right-of-
Way as required elsewhere in these regulations.
3. Private wells and private wastewater treatment facilities (septic tanks) that meet the current TCEQ
health standards shall be considered adequate when existing public water and wastewater lines are not
within two hundred (200) feet of the proposed Plat.
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E. Minor Plat Criteria for Approval
The following criteria shall be used to determine whether the Application for a Minor Plat shall be approved
or denied:
1. The Minor Plat is consistent with all zoning requirements for the property (unless a Right-of-Way
dedication causes lot to become nonconforming), any approved Development Agreement (if applicable),
and all other requirements of these Subdivision Regulations that apply to the Plat;
2. All lots to be created by the plat already are adequately served by improved public street access and by
all required Town utilities and services and by alleys, if applicable;
3. The ownership, maintenance, and allowed uses of all designated easements have been stated on the
Minor Plat; and
4. Except for Right-of-Way widening and easements, the plat does not require the extension of any
municipal facilities to serve any lot within the subdivision.
F. Review by Director of Development Services
The Director of Development Services shall initiate review of the plat and materials submitted.
G. Action by Director of Development Services
Authority to approve a Minor Plat is delegated to the Director of Development Services. The Director of
Development Services shall:
1. Determine whether the Minor Plat meets the Subdivision Regulations.
2. Act within thirty (30) calendar days following the Official Submission Date, unless the Applicant submits
a Waiver of Right to 30-Day Action as outlined in 3.03.B.
a. If no decision is rendered by the Director of Development Services, or if the Director of Development
Services has not deferred the Application to the Commission for decision, within the thirty (30) day
period described above or such longer period as may have been agreed upon, the Minor Plat, as
submitted, shall be deemed to be approved.
3. Take one of the following actions:
a. Approve the Minor Plat; or
b. Defer, for any reason, the Minor Plat to the Commission for consideration prior to expiration of the
required 30-day approval period unless a Waiver of Right to 30-Day Action is submitted in
accordance with 3.03.B.
c. Defer, due to lack of approval, the Minor Plat to the Commission for consideration. The Director of
Development Services cannot disapprove the Minor Plat and shall be required to refer any Minor
Plat that he or she cannot approve to the Commission within the statutory 30-day time frame for
Plat approvals.
H. Deferral of Decision of a Minor Plat Application
1. Deferral to the Commission of a Minor Plat Decision
Per Section 4.06.G.3.b or 4.06.G.3.c, if the Director of Development Services defers the Minor Plat
Application to the Commission, the Commission shall consider the Application at a regular meeting no
later than thirty (30) calendar days after the date on which the Director of Development Services
deferred the Application to the Commission. The Commission shall, upon simple majority vote, take one
of the following actions:
a. Approve the Minor Plat;
b. Approve the Minor Plat with conditions; or
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c. Deny the Minor Plat.
I. Procedures for Minor Plat Recordation Following Approval
The procedures for recordation of a Minor Plat shall be the same as the procedures for recordation of a Final
Plat, as outlined in Section 4.05.J Procedures for Final Plat Recordation after Approval.
J. Revisions Following Approval
Revisions may only be processed and approved as a Replat, Minor Replat, or Amending Plat, as applicable.
4.07. Replat
A. Purpose
The purpose of a Replat is to re-subdivide any part or all of a recorded Plat.
B. Applicability
1. A Replat of all or a portion of a recorded Plat may be approved in accordance with State law without
vacation of the recorded Plat, if the Replat:
a. Is signed and acknowledged by only the owners of the property being replatted;
b. Is approved after a public hearing; and
c. Does not propose to amend or remove any covenants or restrictions previously incorporated in the
recorded Plat.
2. A Replat shall be subject to approval by the Commission.
C. Public Hearing and Notice Requirements
1. A public hearing shall be conducted by the Commission on all Replat Applications.
2. Notice of a public hearing is only required for a residential Replat and shall be given in accordance with
3.05 Public Hearings for Replat Applications and TLGC 212.015.
a. See specific notice and hearing requirements for Certain Replats in Section 4.07.D.2 Notice and
Public Hearing Requirements for Residential Replats.
D. Additional Public Hearing and Notice Requirements for Residential Replats
1. Applicability of Residential Replats
Pursuant to Texas Local Government Code Chapter 212.015, a Replat without vacation of the preceding
Plat must conform to the requirements of this Section 4.07.D Additional Public Hearing and Notice
Requirements for Residential Replats if:
a. During the preceding five (5) years, any of the area to be replatted was limited by an interim or
permanent zoning classification to residential use for not more than two (2) residential units per
lot; or
b. Any lot in the preceding plat was limited by deed restrictions to residential use for not more than
two (2) residential units per lot.
2. Notice and Public Hearing Requirements for Residential Replats
Notice of the required public hearing shall be given before the fifteenth (15th) calendar day before the
date of the hearing by:
a. Publication in an official newspaper or a newspaper of general circulation in the applicable Town or
unincorporated area (as applicable) in which the proposed Replat property is located; and
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b. Written notice, with a copy of Section 212.015(c) of the Texas Local Government Code (as amended)
attached, forwarded by the Town to the owners of lots that are in the original Subdivision and that
are within two hundred feet (200’) of the lots to be replatted, as indicated on the most recently
published county tax roll upon which the Replat is requested. The written notice may be delivered
by depositing the notice, properly addressed with postage prepaid, in a post office or postal
depository within the boundaries of the Town.
3. Protest
a. If the Replat Application is accompanied by a waiver petition (per 7.01 Petition for Subdivision
Waiver) and is protested in accordance with this Section 4.07.D.3 Protest), approval of the Replat
shall require the affirmative vote of at least three-fourths of the voting members of the Commission
present at the meeting.
b. For a legal protest, written instruments signed by the owners of at least twenty percent (20%) of
the area of the lots or land immediately adjoining the area covered by the Replat Application and
extending two hundred feet (200’) from that area, but within the original Subdivision, must be filed
with the Commission prior to the close of the public hearing.
c. The area of streets and alleys shall be included in the area computations.
E. Application Requirements
The Application for a Replat of a Subdivision shall meet all Application requirements of a Final Plat. The
Applicant shall acknowledge that the Replat will not amend or remove any covenants or restrictions
previously incorporated in the recorded Plat.
F. Partial Replat Application
If a Replat is submitted for only a portion of a previously platted subdivision, the Replat must reference the
previous Subdivision name and recording information, and must state on the Replat the specific lots which
are being changed along with a detailed “Purpose for Replat” statement.
G. Criteria for Approval
1. The Replat of the Subdivision shall meet all review and approval criteria for a Final Plat.
2. The Replat document shall be prepared by a Texas Registered Professional Land Surveyor.
H. Replat Review and Approval
1. Replat
The review and approval processes for a Replat shall be the same as the review and approval processes
for a Final Plat (except for the special public hearing and notice requirements described in Section 4.07.C
Public Hearing and Notice Requirements).
2. Minor Replat
a. Pursuant to Texas Local Government Code 212.0065, a Replat involving four (4) or fewer lots
fronting on an existing street and not requiring the creation of any new street or the extension of
municipal facilities may be approved by the Director of Development Services in accordance with
this Section 4.07 Replat.
b. Prior to the Director of Development Services taking action on a proposed Minor Replat, the
Commission shall hold at least one public hearing thereon. Otherwise, the review and approval
process shall be the same as 4.06 Minor Plat, including:
i. Deferral to the Commission of a Minor Replat Decision.
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c. The Director of Development Services cannot disapprove the Minor Replat and shall be required to
refer any Minor Replat that the Director of Development Services refuses to approve to the
Commission within the statutory 30-day time frame for Plat approvals.
I. Effect
Upon approval of the Application, the Replat may be recorded and is controlling over the previously recorded
Plat for the portion replatted.
4.08. Amending Plat
A. Purpose
The purpose of an Amending Plat shall be to provide an expeditious means of making minor revisions to a
recorded Plat consistent with provisions of State law.
B. Applicability
The procedures for an Amending Plat shall apply only if the sole purpose of the Amending Plat is to achieve
one or more of the following Purposes:
1. Error Corrections or Administrative Adjustments
a. Correct an error in a course or distance shown on the preceding Plat.
b. Add a course or distance that was omitted on the preceding Plat.
c. Correct an error in a real property description shown on the preceding Plat.
d. Indicate monuments set after the death, disability or retirement from practice of the engineer or
surveyor responsible for setting monuments.
e. Show the location or character of a monument that has been changed in location or character or
that is shown incorrectly as to location or character on the preceding Plat.
f. Correct any other type of scrivener or clerical error or omission previously approved by the
municipal authority responsible for approving Plats, including lot numbers, acreage, street names,
lot frontage, and identification of adjacent recorded Plats.
g. Correct an error in courses and distances of lot lines between two adjacent lots if:
i. Both lot owners join in the Application for amending the Plat;
ii. Neither lot is abolished;
iii. The amendment does not attempt to remove recorded covenants or restrictions; and
iv. The amendment does not have a material adverse effect on the property rights of the other
owners in the Plat.
2. Relocate Lot Lines
a. Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement
on a lot line or easement.
b. Relocate one or more Lot Lines between one or more adjacent lots if:
i. The owners of all those lots join in the Application for amending the Plat;
ii. The amendment does not attempt to remove recorded covenants or restrictions; and
iii. The amendment does not increase the number of lots.
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3. Replatting
a. Replat one or more lots fronting on an existing street if:
i. The owners of all those lots join in the Application for amending the Plat;
ii. The amendment does not attempt to remove recorded covenants or restrictions;
iii. The amendment does not increase the number of lots; and
iv. The amendment does not create or require the creation of a new street or make necessary the
extension of municipal facilities.
C. Certificates of Correction
Certificates of Correction are prohibited.
D. Application Requirements
The requirements for the submittal of an Amending Plat shall be determined by the Director of Development
Services on the Application Form.
E. Notice Not Required
The approval and issuance of an Amending Plat shall not require notice, hearing or approval of other lot
owners.
F. Review by Director of Development Services
The Director of Development Services shall initiate review of the plat and materials submitted.
G. Action by Director of Development Services
The Director of Development Services shall:
1. Determine whether the Amending Plat meets the Subdivision Regulations.
2. Act within thirty (30) calendar days following the Official Submission Date, unless the Applicant submits
a Waiver of Right to 30-Day Action as outlined in 3.03.B.
3. Take one of the following actions:
a. Approve the Amending Plat; or
b. Defer, for any reason, the Amending Plat to the Commission for consideration prior to expiration of
the required 30-day approval period unless a Waiver of Right to 30-Day Action is submitted in
accordance with 3.03.B.
c. Defer, due to lack of approval, the Amending Plat to the Commission for consideration. The Director
of Development Services cannot disapprove the Amending Plat and shall be required to refer any
Amending Plat that he or she refuses to approve to the Commission within the statutory 30-day
time frame for Plat approvals.
H. Deferral of Decision on an Amending Plat Application
1. Deferral to the Commission of an Amending Plat Decision
Per Section 4.08.G.3.b, if the Director of Development Services defers the Amending Plat Application to
the Commission, the Commission shall consider the Application at a regular meeting no later than thirty
(30) calendar days after the date on which the Director of Development Services deferred the
Application to the Commission. The Commission shall, upon simple majority vote, take one of the
following actions:
a. Approve the Amending Plat;
b. Approve the Amending Plat with conditions; or
PROPOSED
Section 4: Platting Requirements Town of Prosper: Subdivision Ordinance
Page 34 DRAFT DATE: 5/1/2017 2:07 PM
c. Deny the Amending Plat.
4.09. Conveyance Plat
A. Purpose
1. The purpose of a Conveyance Plat is to subdivide land and to provide for recordation of same, for the
purpose of conveying (i.e., selling) the property without developing it.
2. A Conveyance Plat may be used to convey the property or interests therein; however, a Conveyance Plat
does not constitute approval for any type of development on the property.
B. Applicability
A Conveyance Plat may be used in lieu of a Final Plat to record only the subdivision of property in the
following instances:
1. Remainder Tract
a. To record the remainder of a tract that is created by a Final Plat, provided that the remainder is not
intended for immediate development, and
b. The remainder of a tract that was involved in a Final Plat must be larger than five (5) acres.
2. Inheritance or Holding Tract
To record the subdivision of property into parcels, five (5) acres or smaller in size, that are not intended
for immediate development, provided all required Public Improvements exist to the Town’s current
standards prior to approval and minimum frontage requirements are met.
a. All public Right-of-Way must be dedicated, contingent that alignments have been determined.
b. Installation of on-site improvements may be delayed if development of other tracts is not affected.
All easements shall be dedicated to allow subdivided lot within the conveyance plat access to public
infrastructure and/or drainage ways from the parent tract, if applicable.
C. Review and Consideration
Unless otherwise specified within this Section 4.09 Conveyance Plat for specific requirements for a
Conveyance Plat, a Conveyance Plat shall be processed and approved using the same timing and procedures,
including recordation, as specified for a Final Plat; refer to Section 4.05 Final Plat.
D. Concurrent or Prior Filing of a Final Plat
No Final Plat processed and approved in association with a Conveyance Plat shall be filed without the
concurrent or prior filing of the associated approved Conveyance Plat for the remainder of the subject
property.
E. Conveyance Plat Requirements
1. No building or development permits shall be issued nor permanent utility service provided for land that
has only received approval as a Conveyance Plat; a Final Plat must be filed for building and development
permits and for utility service.
2. A Conveyance Plat may be superseded by a revised Conveyance Plat or a Final Plat in total or in part
through compliance with the procedures and requirements of these regulations.
3. A Preliminary Site Plan or Sketch Plan may be required by the Town to ensure all Conveyance Plat tracts
and remainder tracts have adequate access to public utilities and infrastructure.
PROPOSED
Town of Prosper Subdivision Ordinance Section 4: Platting Requirements
DRAFT DATE: 5/1/2017 2:07 PM Page 35
F. Standards for Approval
1. Access
a. All lots created by a Conveyance Plat must have frontage and access to an existing or proposed
public street, defined in the Comprehensive Plan, or an existing standard street meeting Town
construction standards and accessing the existing Town street system.
b. All lots created by a Conveyance Plat must provide points of access as required by this Subdivision
Ordinance.
2. Dedication of Right-of-Way
Dedication of Right-of-Way shall be required in accordance with the Town requirements.
G. Effect of Approval
1. Development on the Property Prohibited
The approval of a Conveyance Plat authorizes conveyance of the lot(s) created thereon, but does not
authorize any type of development on the property.
2. Future Development Requires Compliance
The Applicant and future owner(s) of the property remain obligated to comply with all provisions in this
Subdivision Ordinance upon future development of the property including, but not limited to, all
requirements for platting, required Public Improvements, utility extensions, street improvements or
assessments, Right-of-Way and easement dedications, and all other requirements in these regulations.
4.10. Plat Vacation
A. Purpose
The purpose of a Plat Vacation is to provide an expeditious means of vacating a recorded Plat in its entirety,
consistent with provisions of State law.
B. Initiation of a Plat Vacation
1. By Property Owner
The property owner of the tract covered by a Plat may submit an Application to vacate the Plat at any
time before any lot in the Plat is sold.
2. By All Lot Owners
If lots in the Plat have been sold, an Application to vacate the plat must be submitted by all the owners
of lots in the Plat.
3. By Town Council
If the Town Council, on its own motion, determines that the Plat should be vacated in the interest of
and to protect the public’s health, safety and welfare; and:
a. No lots within the approved Plat have been sold within five (5) years following the date that the
Final Plat was approved by the Town; or
b. The property owner has breached a Development Agreement, and the Town is unable to obtain
funds with which to complete construction of Public Improvements, except that the vacation shall
apply only to lots owned by the property owner or its successor; or
c. The Plat has been of record for more than five (5) years, and the Town Council determines that the
further sale of lots within the Subdivision or addition presents a threat to public health, safety and
PROPOSED
Section 4: Platting Requirements Town of Prosper: Subdivision Ordinance
Page 36 DRAFT DATE: 5/1/2017 2:07 PM
welfare, except that the vacation shall apply only to lots owned by the property owner or its
successors.
C. Review and Recommendation by the Director of Development Services
The Director of Development Services shall:
1. Initiate review of the Plat Vacation Application and materials submitted; and
2. Recommend action on Plat Vacation to the Town Council.
D. Action by the Town Council
The Town Council shall:
1. Review the Plat Vacation Application, the findings of the Director of Development Services, and any
other information available. From all such information, the Town Council shall make a finding as to
whether or not the plat should be vacated.
2. Take one of the following actions:
a. Approve the Plat Vacation; or
b. Deny the Plat Vacation.
3. The Town Council’s decision on a Plat Vacation shall be final.
E. Procedures for Recordation Following Approval
1. If the Town Council adopts a resolution vacating a plat in whole, it shall record a copy of the resolution
in the County Clerk's Office.
2. If the Town Council adopts a resolution vacating a plat in part, it shall cause a revised Final Plat to be
recorded along with the resolution that shows the portion of the original plat that has been vacated and
the portion that has not been vacated.
F. Effect
1. On the execution and recording of the vacating instrument, the previously filed plat shall have no effect.
a. Regardless of the Town Council's action on the petition, the property owner(s) or Developer will
have no right to a refund of any monies, fees or charges paid to the Town nor to the return of any
property or consideration dedicated or delivered to the Town except as may have previously been
agreed to by the Town Council.
2. The Plat is vacated when a signed, acknowledged instrument declaring the Plat vacated is approved and
recorded in the manner prescribed for the original Plat.
3. The Town Council, at its discretion, shall have the right to retain all or specific portions of road Right-of-
Way or easements shown on the Plat being considered for vacation. However, the Town Council shall
consider Plat Vacation upon satisfactory conveyance of easements and/or Right-of-Way in a separate
legal document using forms provided by the Town Attorney’s office.
PROPOSED
Town of Prosper Subdivision Ordinance Section 5: Construction Plans & Procedures
DRAFT DATE: 5/1/2017 2:07 PM Page 37
Section 5. Construction Plans & Procedures
5.01. Construction Plans
A. Purpose
To require that Public Improvements be installed to serve a development in accordance with all Subdivision
Regulations.
B. Submitting Plans
Plans shall be submitted in accordance with Director of Development Services’ requirements, as provided in
the related Application Form. Incomplete Construction Plans shall not be accepted and such plans shall be
returned to the Applicant.
C. Responsible Official and Decision Authority for Construction Plans
1. Review and Approval Action
The Deputy Director of Engineering Services shall be the Responsible Official for review and approval of
Construction Plans.
2. Outside Review
If an outside consultant is contracted to review Construction Plans, then the Applicant shall reimburse
the Town for the review fees.
3. Decision-Maker Options
In this capacity, therefore, the Deputy Director of Engineering Services shall approve or deny the
Construction Plans.
D. Criteria for Approval
The Deputy Director of Engineering Services shall approve Construction Plans if:
1. The Construction Plans are consistent with the approved Final Plat; and
2. The Construction Plans conform to the subject property’s zoning and any planned development (PD)
standards (including zoning development standards), and to the standards for adequate public facilities,
contained in these Subdivision Regulations and all other applicable Town codes.
E. Effect
Approval of Construction Plans authorizes the Applicant to:
1. Schedule a Pre-Construction Meeting (5.02); and
2. Apply for Construction Release (5.03).
PROPOSED
Section 5: Construction Plans & Procedures Town of Prosper: Subdivision Ordinance
Page 38 DRAFT DATE: 5/1/2017 2:07 PM
Recommended Pre-Application Meeting between the Applicant and Town Staff
Preliminary Plat Submitted
•Applicant and Town Staff Revise Preliminary Plat, if needed
Preliminary Plat Approved
Recommended Pre-Application Meeting between the Applicant and Town Staff
Final Plat Submitted along with the Submittal of Construction Plans
•Applicant and Town Staff Revise Final Plat, if needed
Final Plat Approved
Town Reviews and Approves Construction Plans
•Applicant and Town Staff revise Construction Plans, if needed
Building Permits can be Issued
(Non-residential Developments Only)
Pre-Construction Meeting Held
Construction Release given by Town
Applicant (developer) Constructs Improvements
Once Constructed, the applicant (developer) submits as-builts/record plans
Town conducts preliminary inspection
Town Staff sends punch list to identify any issues and the Applicant (developer)
rectifies punch list issues (improvements may be conditionally accepted at this
time)
If applicant (developer) proposes the construction and completion of any
remaining public improvements be deferred until after the recording of the Final
Plat that are not already substantially complete and have not been conditionally
accepted, then a Development Agreement shall be submitted and approved
Applicant (developer) submits the final plat for signatures, multiple copies
submitted
Applicant (developer) submits maintenance bond, fees, and other final
acceptance material
Town signs the Final Plat for recordation
Applicant (developer) picks up signed final plats (and copies) from the Town and
files with the County
Applicant (developer) returns one copy of the recorded Final Plat (with
supporting documents) to the Town
Town conducts final inspection
Letter of Acceptance given by the Town
(If improvements fail to meet Town standards, then the Town will enforce the
developer's guarantees or have the applicant sign a development agreement)
Building permits can be issued
Figure 2: Detailed Overview of the Platting Process
Timeframe:
State mandated 30-Day
Approval Process
Timeframe: Applicant
arranges a meeting with
Town Staff
Timeframe:
The Applicant is
the primary
driving factor in
establishing this
timeframe (i.e.,
this part of the
process is
applicant-driven),
as the Town Staff
work effort is to
respond directly
to the Applicant’s
plan submittals
and actions
Timeframe:
State mandated 30-Day
Approval Process
Timeframe: Applicant
arranges a meeting with
Town Staff
PROPOSED
Town of Prosper Subdivision Ordinance Section 5: Construction Plans & Procedures
DRAFT DATE: 5/1/2017 2:07 PM Page 39
F. Expiration Date for Construction Plans
The approval of Construction Plans shall remain in effect for a period of one (1) year from the date of
approval as determined in writing from the Deputy Director of Engineering Services, or the duration in which
the Final Plat is valid, or for the duration of construction of the project, provided that progress or
development of the project continues to be demonstrated, unless the Construction Plans are extended in
accordance with Section 5.01.G Extension of Construction Plans beyond Expiration Date.
G. Extension of Construction Plans beyond Expiration Date
1. General
a. Construction Plans may be extended for a period of six (6) additional months beyond the expiration
date.
b. A request must be made in writing to the Deputy Director of Engineering Services for such extension
prior to expiration of the plans, and shall include reasons why the plans should be extended.
2. Decision by the Deputy Director of Engineering Services
a. The Deputy Director of Engineering Services will review the extension request, and shall approve or
deny the extension request within thirty (30) calendar days following the date of the extension
request.
b. Should the Deputy Director of Engineering Services fail to act on an extension request within thirty
(30) calendar days, the extension shall be deemed to be approved.
3. Consideration
The Deputy Director of Engineering Services may extend Construction Plans approval for a period of six
(6) additional months beyond the expiration date if:
a. A Final Plat has been submitted, approved or filed of record for any portion of the property shown
on the Construction Plans;
b. The Construction Plans comply with new ordinances (i.e., ordinances that have been adopted after
approval of the original Construction Plans) that impact the health, safety and general welfare of
the Town; or
c. Demonstrable forward progress has been made to proceed with construction or required
improvements.
4. Conditions
In granting an extension, the Deputy Director of Engineering Services may impose such conditions as are
needed to ensure that the land will be developed in a timely fashion and that the public interest is
served. Any extension may be predicated upon compliance with new development regulations and/or
the Applicant waiving any vested rights.
5. Total Extension
A second six (6) month extension may be requested using the same process outlined above.
PROPOSED
Section 5: Construction Plans & Procedures Town of Prosper: Subdivision Ordinance
Page 40 DRAFT DATE: 5/1/2017 2:07 PM
5.02. Pre-Construction Meeting
A. Notice
The Applicant shall receive written notice from the Deputy Director of Engineering Services that Construction
Plans have been approved and that the project is eligible for a Pre-Construction Meeting.
B. Requirement
The Applicant shall be responsible for contacting the Public Works Department requesting a Pre-
Construction meeting date and time, and notifying all participants of the meeting.
C. Purpose
1. Discussion of Procedures
The purpose of the Pre-Construction Meeting is to discuss administrative, communication, and
operating procedures for project construction prior to Construction Release or issuance of a Building
Permit.
2. Review of Criteria
A list of typical inspection items, procedures, and acceptance criteria for items in public Right-of-Way
and easements will also be furnished to the Applicant.
D. Effect
Following the Pre-Construction Meeting and upon approval of the Construction Plans and full compliance
with all pre-construction requirements, the Deputy Director of Engineering Services shall authorize a
Construction Release, allowing the Applicant to commence with construction of the project.
5.03. Construction Release
1. Requirements for a Construction Release
a. Upon approval of the Construction Plans, receipt of all required documentation, fees (if applicable),
and after the Pre-Construction Meeting with Town staff, the Deputy Director of Engineering
Services shall release the plans for construction if all Town requirements pertaining to construction
have been met.
b. The Construction Release shall remain in effect for a period of one (1) year from the date of
issuance, or for the duration of construction of the project, provided that progress or development
of the project continues to be demonstrated.
2. Construction Release Expiration and Extension
Expiration, and possible extension, of the Construction Release shall be the same as for the Construction
Plans (see Sections 5.01.F and 5.01.G).
5.04. Construction of Public Improvements
A. Phased Development
If the development is being platted and constructed in phases, improvements shall be completed as platted
areas are approved and phases are constructed.
B. Easements for Utility Providers
1. The Applicant is responsible for contacting all utility providers prior to beginning construction, and for
securing all necessary easements for same prior to Final Plat recordation.
PROPOSED
Town of Prosper Subdivision Ordinance Section 5: Construction Plans & Procedures
DRAFT DATE: 5/1/2017 2:07 PM Page 41
2. The Applicant’s engineer shall provide the Deputy Director of Engineering Services with written
certification that all necessary easements are secured for the various utility providers, and such
easements shall be shown on the Final Plat with the recording information for each.
C. Off-Site Easements
1. All necessary off-site easements required for installation of required off-site Public Improvements to
serve the development shall be acquired by the Applicant prior to the Pre-Construction Meeting (see
Section 5.02 Pre-Construction Meeting).
2. Off-site easements shall be conveyed and recorded at the County by an instrument approved by the
Town.
3. If the property on which the off-site easement is required has been platted, a separate instrument shall
be required to dedicate the easement.
4. The Applicant shall be responsible for the acquisition of all required off-site easements. If the Applicant
is unable to acquire the necessary off-site easements, the Applicant may request assistance from the
Town. The Applicant shall provide the Town with easements or Right-of-Way survey documents and
exhibits, documentation, including evidence of a reasonable offer made to the affected property owner.
Upon receiving a written request for assistance, the Town may, at its option, acquire these easements
either through negotiations, or in appropriate situations through eminent domain proceedings.
5. The Applicant shall reimburse the Town for the costs of acquiring the necessary easements including
but not limited to attorney fees and costs.
D. Timing of When Public Improvements are Constructed
1. Public Improvements Completed Prior to Final Plat Recordation
Unless developed in accordance with Section 5.04.D.2 (below), completion of all required Public
Improvements shall occur prior to Final Plat recordation (see Figure 2 for a visual depiction of the
platting process).
2. The Developer may request that Public Improvements be Completed After Final Plat Recordation, with
a Development Agreement approved by the Town
a. An Applicant may elect to construct Public Improvements after Final Plat recordation.
b. The construction of Public Improvements after Final Plat recordation shall be conditioned on the
execution of a Development Agreement and provision of security.
5.05. Inspection, Maintenance, and Acceptance of Public Improvements
A. Inspection of Public Improvements
1. Inspection, Timing, and Contact
a. The Director of Public Works shall inspect the construction of improvements while in progress, as
well as upon completion.
b. The Applicant, or Applicant’s contractor, shall maintain contact with the Director of Public Works
during construction of improvements.
c. Inspections shall be conducted during normal business hours, Monday through Friday, except as
noted below.
d. Inspection During Non-Business Hours
i. Public works inspections may be conducted at times other than normal working hours with
prior approval from the Director of Public Works in accordance with the Non-Business Hours
Inspection Policy.
PROPOSED
Section 5: Construction Plans & Procedures Town of Prosper: Subdivision Ordinance
Page 42 DRAFT DATE: 5/1/2017 2:07 PM
2. Conformance with Construction Plans
a. Construction shall be in accordance with the approved Construction Plans.
b. Any significant change in design required during construction shall be made by the Applicant's
engineer, and shall be subject to approval by the Deputy Director of Engineering Services.
c. Once construction is complete, preliminary as-built/record plans shall be submitted to the Deputy
Director of Engineering Services.
3. Corrections to Public Improvements
a. If the Director of Public Works finds, upon inspection, that any of the required Public Improvements
have not been constructed properly and in accordance with the approved Construction Plans, the
Applicant shall be responsible for completing and/or correcting the Public Improvements to bring
such into compliance.
b. The Town will provide the Applicant with a punch list of any issues the Applicant must rectify in
order for the Public Improvements to be in accordance with the approved Construction Plans and
Town standards.
4. Final Inspection
Once preliminary inspection issues have been rectified, then the Applicant may schedule a final
inspection with the Director of Public Works.
B. Public Works Inspection Fees
1. Fee Standards
a. The Developer will be charged an inspection fee for a percentage of the cost of the Public
Improvements to be dedicated to the Town. Fire lanes shall be charged at a percentage of the cost
of construction. These fees are established in the Town’s Fee Schedule.
b. The Developer may be charged an additional inspection fee to reimburse the Town the actual
inspection cost if the Town is required to have third party inspections of the public infrastructure in
each Subdivision or development.
2. Cost for Construction
a. The Developer shall submit to the Town an itemized cost for construction of the Public
Improvements to be dedicated to the Town and upon which the Maintenance Bond and inspection
fees will be based. The itemized construction breakdown shall be prepared and sealed by the design
engineer of record.
b. The cost of construction shall be reviewed and approved by the Deputy Director of Engineering
Services.
C. Maintenance during Construction
The Applicant shall maintain all required Public Improvements during construction of the development.
D. Maintenance Bond
1. Per requirements established and maintained by the Deputy Director of Engineering Services, the
Developer shall furnish, or cause their contractors to furnish, maintenance bonds to the Town for Public
Improvements for a period of two (2) years from the date of acceptance by the Town (see 5.05.G.3 Letter
of Final Acceptance for acceptance dates).
2. The maintenance bond or other surety shall be a good and sufficient bond executed by a corporate
surety approved by the Town in an amount equal to the total cost of said improvements and
guaranteeing their maintenance for two (2) years from the date of Final Plat approval or acceptance of
the related Public Improvements (if the Public Improvement is accepted after Final Plat approval).
PROPOSED
Town of Prosper Subdivision Ordinance Section 5: Construction Plans & Procedures
DRAFT DATE: 5/1/2017 2:07 PM Page 43
3. Maintenance bonds shall be in a form acceptable to the Town Attorney.
E. Submission of Record Drawings
1. The Town shall not accept the dedication of required Public Improvements until the Applicant's engineer
has certified to the Deputy Director of Engineering Services, through submission of detailed Record
Drawings of the project, that the Public Improvements have been built in accordance with the approved
Construction Plans.
a. The submission of detailed Record Drawings of the project shall be approved by the Town.
b. Recorded off-site easements shall be submitted with the Record Drawings.
i. Any off-site easements shall follow Town standard form and shall be submitted to the Deputy
Director of Engineering Services for review prior to obtaining signatures.
ii. Off-site easements shall be recorded at the appropriate County prior to filing of plat.
2. Applicable Record Drawings shall be submitted to the Town before a Plat is recorded.
3. Each record drawing sheet shall show all changes made in the Construction Plans during construction,
and on each sheet, there shall be a “record” stamp bearing the signature of the engineer and date, which
shall be maintained by the Director of Public Works.
4. Digital files of all the Record Drawings shall be submitted by the Applicant in AutoCAD and Adobe PDF
formats, as required by the Town.
F. Submission of a Development Agreement if Public Improvements are to be Competed after Final
Plat Recordation
If there are any Public Improvements that the Applicant wishes to defer constructing until after the Final Plat
recordation, then the Applicant shall submit a Development Agreement to the Town for consideration.
G. Acceptance or Rejection of Improvements by the Director of Public Works
1. Responsible Official
The Director of Public Works is responsible for accepting completed subdivision improvements intended
for dedication to the Town.
2. Final Inspection
After completion of all improvements, franchise utilities, grading, and erosion control, the Director of
Public Works and other designated representatives (as applicable) will perform a final inspection before
recommending acceptance to the Deputy Director of Engineering Services.
3. Certificate of Final Acceptance
If all improvements are completed, inspected, tested (if applicable), and determined by the Town to be
in conformance with Subdivision Ordinance and with the Town’s design standards and all inspection
fees have been paid, then the Town shall issue a Certificate of Final Acceptance to the Applicant, thereby
notifying the Applicant of the Town’s acceptance of any proposed dedications (including Right-of-Way
and Public Improvements) offered on the Final Plat.
a. Dedication and acceptance language shall be a separate document and recorded with the Final Plat.
4. Meaning of Acceptance
Acceptance of the Improvements shall mean that the Applicant has transferred all rights to all of the
Public Improvements to the Town for title, use, and maintenance. This shall not release the Developer
from the maintenance bond (see Section 5.05.D Maintenance Bond for more information).
PROPOSED
Section 5: Construction Plans & Procedures Town of Prosper: Subdivision Ordinance
Page 44 DRAFT DATE: 5/1/2017 2:07 PM
5. Rejection
The Deputy Director of Engineering Services shall reject those Improvements that fail to comply with
the Town’s standards and specifications. The Town shall enforce the guarantee provided by
agreement(s) (if applicable) and shall require the Applicant to execute a Development Agreement to
ensure the Public Improvements are built.
H. Acceptance Disclaimer
1. Approval of a Preliminary Plat or Final Plat by the Commission, or Construction Plans by the Deputy
Director of Engineering Services, shall not constitute acceptance of any of the Public Improvements
required to serve the Subdivision or development.
2. No Public Improvements shall be accepted for dedication by the Town except in accordance with this
Section.
5.06. Security for Completion of Public Improvements
A. Standard Security
1. Surety, Performance, and Payment Bonds
a. When any of the required Public Improvements will be constructed after approval and recordation
of the Final Plat, the Applicant shall guarantee proper construction of such postponed
improvements and payment of all claimants supplying labor and materials for the construction of
the improvements, in accordance with the Town’s standards and with these Subdivision
Regulations, by a bond executed by a surety company holding a license to do business in the State
of Texas, and acceptable to the Town, on the form provided by the Town.
b. The surety, performance, and payment bonds shall be approved as to form by the Town Attorney.
B. Alternative Security
1. Irrevocable Letter of Credit (ILOC)
An irrevocable letter of credit (ILOC) may be accepted and approved as to form by the Town Attorney.
2. Escrow
At the discretion of the Deputy Director of Engineering Services, escrow may be allowed as a security
for completion.
C. Estimated Cost and Security Approval
1. Security shall be issued in the amount of one hundred twenty-five percent (125%) of the cost to
construct and complete all required Public Improvements to the Town’s standards as estimated by the
Applicant’s professional engineer, and as approved by the Deputy Director of Engineering Services.
2. Security shall be subject to the review and approval of the Town Attorney.
3. The Applicant shall reimburse the Town for all related legal costs for review (this reimbursement shall
be paid in full prior to filing of the Final Plat).
PROPOSED
Town of Prosper Subdivision Ordinance Section 6: Subdivision Design Standards
DRAFT DATE: 5/1/2017 2:07 PM Page 45
Section 6. Subdivision Design Standards
6.01. General Standards
A. Conformance to Plans and Codes
Design and construction of Public Improvements must conform to the standards, criteria, and requirements
of the following, as they may from time to time be amended by those responsible for their promulgation.
1. Comprehensive Plan including all associated maps and plans;
2. Zoning Ordinance and Zoning Map;
3. The Transportation and Thoroughfare Plans;
4. Design Standards and Specifications;
5. Parks, Recreation & Open Space Master Plan;
6. Federal, State and Local Environmental Regulations;
7. The Texas Manual on Uniform Traffic Control Devices (TMUTCD);
8. Approved Standard Specifications for Construction of Public Works;
9. American Association of State Highway Transportation Officials Design Manual;
10. Texas Health Code;
11. Texas Water Code;
12. Master Drainage Plans;
13. Floodplain Ordinance;
14. Stormwater Ordinance;
15. Stormwater Management Plan;
16. All adopted Building and Fire Codes with local amendments; and
17. All other codes and ordinances of the Town.
B. Observation of Construction Work for Public Improvements
1. All construction work, such as street grading, street paving, storm sewers, sanitary sewers or water
mains performed by the owner, developer, or contractor, shall be subject to observation during
construction by the proper authorities of the Town.
2. All construction work, as mentioned above, shall be constructed in accordance with the specifications
approved by the Town Council and in accordance with the provisions of “Standard Specifications For
Public Works Construction” prepared by the North Central Texas Council of Governments, which is on
file in the Town Hall.
PROPOSED
Section 6: Subdivision Design Standards Town of Prosper: Subdivision Ordinance
Page 46 DRAFT DATE: 5/1/2017 2:07 PM
6.02. Adequate Public Facilities
A. Services Required
Land proposed for development in the Town, and in the Town’s Extraterritorial Jurisdiction (ETJ) shall be
served adequately by essential public facilities and services, including, but not limited to, water distribution
facilities, wastewater collection facilities, roadway and pedestrian facilities, and storm drainage facilities.
B. Approval Timing
Land shall not be approved for final platting or development unless and until adequate public facilities
necessary to serve the development exist or provision has been made for such facilities, whether the facilities
are to be located within the property being developed or off-site.
C. Rough Proportionality and Fair Share Policy Statement
1. The Town desires that a new development project contribute its fair and proportional share of such
costs.
2. There is a direct correlation between the increased demand on public facilities that is created by a new
development, and the Town's requirements to dedicate Right-of-Way and Easements and to construct
a fair and proportional share of Public Improvements that are necessary to offset such impacts such that
new development does not negatively affect the Town as a whole.
3. A fair and proportional share shall be determined as the level or standard of service that is required to
adequately serve a new development.
4. Standards relating to the dedication or construction requirements shall be roughly proportional (see
definition Proportionality/Proportional Share) to the nature and extent of the impacts created by the
proposed development on the Town's water, wastewater, storm drainage, parks or roadway system.
5. See 7.02 Subdivision Proportionality Appeal for proportionality approval procedures.
6.03. Streets
A. Adequate Streets
1. The property owner shall ensure that the Subdivision is served by adequate streets and shall be
responsible for the costs of Right-of-Way and street improvements, in accordance with the following
policies and standards.
2. Additional Right-of-Way may be required at some street intersections to accommodate turn lanes,
utilities, sidewalks, traffic control devices and/or sight distances.
B. General Requirements
1. Streets must be designed in coordination with the Comprehensive Plan, existing and proposed streets,
the terrain, streams, and other physical conditions.
a. The arrangement of streets must provide for the continuation of streets between adjacent
properties when the continuation is necessary for the safe and efficient movement of traffic and
for utility efficiency.
b. The arrangement, character, extent, pavement width, Right-of-Way width, grade and location of
each street shall be considered in its relationship to the Comprehensive Plan, to existing and
planned streets, topographical conditions, public safety and convenience, and its relationship to the
proposed uses of land to be served by such street.
2. Whenever a tract to be subdivided abuts any part of any street so designated on the Comprehensive
Plan, or where a street designated on the Comprehensive Plan crosses any part of the tract to be
subdivided, such part of the proposed public street shall be platted, the Right-of-Way shall be dedicated,
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consistent with the location as indicated on the Comprehensive Plan, and the requirements contained
within these regulations.
3. The reservation in private ownership of strips of land (e.g., reserve strips) at the end or adjacent to
proposed or existing streets and intended solely or primarily for the purpose of controlling access to
property not included in the Subdivision shall be prohibited.
4. Half streets shall be prohibited on residential and collector roadways.
5. Streets shall be named to provide continuity with existing streets.
6. Names of new streets shall not duplicate or cause confusion with the names of existing streets.
C. Design and Construction
Design and construction shall conform to specifications included within these Subdivision Ordinance
regulations as well as those included within the Design Standards and Specifications.
1. The arrangement and location of all proposed streets shall conform to the Comprehensive Plan.
2. Where streets are not shown within the Comprehensive Plan, the arrangements of streets in a
Subdivision shall:
a. Provide for the continuation or appropriate projection of existing principal streets in surrounding
areas;
b. Conform to a plan for the neighborhood approved or adopted by the Town to meet a particular
situation where topographical or other conditions make continuation of or conformance to an
existing street impracticable; and
c. Be laid out so that they shall intersect, as nearly as possible, at right angles.
3. Street layout shall provide for continuation of Collector Streets in areas between Thoroughfares.
4. Streets should be platted to allow two tiers of lots between streets when possible.
5. Residential streets shall be laid out so that their use by through traffic shall be discouraged.
6. All streets shall be designed to coordinate with existing streets in adjoining Subdivisions.
a. Centerline offsets, where unavoidable, shall be no closer than one hundred thirty-five (135) feet.
b. Greater centerline offsets as may be required by the Deputy Director of Engineering Services shall
be planned where necessary for traffic safety.
7. To encourage lower motor vehicle speeds through residential neighborhoods, local residential streets
shall be designed to avoid straight sections in excess of 800 feet in length and residential collector streets
shall be designed to avoid straight sections in excess of 1,200 feet in length unless upon a staff
recommendation, the Planning & Zoning Commission finds that there is no other reasonable alternative.
a. Refer to the Design Standards and Specifications for additional design features to encourage lower
vehicle speeds (traffic calming).
8. Street grades shall conform to specifications included within the Design Standards and Specifications.
9. To ensure adequate access to each Subdivision, there should be at least two (2) points of ingress and
egress, except that cul-de-sacs shall be permitted in conformance with Section 6.03.G Cul-de-Sacs and
Dead-End Streets (below).
a. The Planning & Zoning Commission may require that more than two access points be constructed
if the configuration, number of lots, or other consideration creates the need for additional access
points.
10. Residential lots shall not front Thoroughfare or Collector streets.
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11. Residential roadways shall not directly connect to Thoroughfares. Residential roadways must connect
to or transition from a collector or a subdivision entry roadway which shall connect to Thoroughfares.
12. Driveways or alley pavement cuts to single-family or two-family uses shall not be allowed on
Thoroughfares.
13. Where single-family uses abut an existing or proposed Thoroughfare, the Plat or dedication instrument
will provide:
a. Lots to side onto the Thoroughfare with a non-access restriction on the Thoroughfare side, or
b. Reverse frontage with screening and containing a non-access restriction along the rear property
line, or
c. Lots with screened rear alleys, or
d. Other treatment as may be necessary or required for adequate protection of adjoining properties,
after taking into consideration the proposed method of off-street parking and maneuvering that
will prevent the necessity of backing into the Thoroughfare.
D. Street Right-of-Way Dedication
1. Any Subdivider laying out and constructing new streets or whose Subdivision includes any portion of or
is adjacent to an existing street shall dedicate sufficient Right-of-Way in accordance with the following
conditions:
a. New Streets
New streets shall be provided where there is not an existing street, roadway, or passage.
i. Internal Streets
Internal streets shall be designed and provided in accordance with the current Town
Ordinances and standards and be consistent with the Town’s Comprehensive Plan or
Transportation Plan.
ii. Perimeter Streets
(a) When a proposed residential or nonresidential Subdivision is developed abutting an
existing or planned Thoroughfare or Collector Street, the Developer shall dedicate
sufficient Right-of-Way within the Subdivision.
(b) If the planned thoroughfare is determined by the Deputy Director of Engineering Services
to be constructed, then the thoroughfare shall extend to the limits of the Subdivision.
(c) The Developer shall enter into a Development Agreement to outline reimbursement of the
planned thoroughfare.
b. Existing Streets
i. Cases Where Existing Right-of-Way does not Meet Minimum Town Standards
Where Subdivisions are adjacent to existing streets and the Right-of-Way widths of those
existing streets are less than the minimum Right-of-Way standards found in section 6.03.F
Street Design Criteria, the Developer is required to dedicate on the plat the Right-of-Way width
required adjacent to the land being platted to bring the existing street to the Right-of-Way
width as set out in this Subdivision Ordinance according to the following:
(a) Both Sides of an Existing Street Abut a Subdivision:
One hundred (100) percent of the Right-of-Way necessary to bring the street into
conformance with subsection 6.03.F Street Design Criteria for a local or collector street,
whichever is needed to serve the development, when the Subdivision abuts both sides of
the existing street; or
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(b) One Side of an Existing Street Abuts a Subdivision:
Up to fifty (50) percent of the Right-of-Way, after factoring in existing prescriptive Right-
of-Way and ownership limits, necessary to bring the streets into conformance with section
6.03.F Street Design Criteria for a local or collector street, whichever is needed to serve
the development, when the Subdivision abuts only one side of the existing street.
ii. Cases Where Additional Right-of-Way is Needed above the Minimum Standard
Streets may currently exist by reasons of Plat, metes and bounds description, general
description or by prescription. If the existing geometrical configuration does not address
safety, design, topography, and traffic management considerations, then the Town may require
the dedication of additional Right-of-Way to address such.
(a) Adjacent to a platted Subdivision:
(i) The Right-of-Way dedication shall be based upon the distance from the platted
Subdivision boundary.
(ii) Reasonable geometric adjustments will be made to accommodate safety, design,
topography, and traffic management considerations.
(b) Along a Right-of-Way described by a metes and bounds or a general written description:
(i) The Right-of-Way dedication shall be based upon the geometric centerline of the
Right-of-Way as described.
(ii) Reasonable geometric adjustments will be made to accommodate safety, design,
topography, and traffic management considerations.
(iii) All existing Right-of-Way dedication within the Subdivision shall be converted from
“separate instrument” to a platted Right-of-Way by being a part of the Final Plat.
(c) Along a prescriptive Right-of-Way:
(i) The Right-of-Way dedication shall be based upon the apparent centerline of the
existing pavement or of the travel way if unpaved.
(ii) Reasonable geometric adjustments will be made to accommodate safety, design,
topography, and traffic management considerations.
(iii) The Developer shall indicate on the Preliminary Plat and Final Plat property lines and
features that identify prescriptive Right-of-Way.
(iv) These features may include fences, borrow ditches, utility lines, drainage
improvements, limits of plowed or improved fields, etc.
(v) All existing prescriptive Right-of-Way dedications within the Subdivision shall be
converted from prescriptive to a platted Right-of-Way by being a part of the Final Plat
unless applicant can demonstrate that they have no legal authority to dedicate the
prescriptive Right-of-Way on the Final Plat.
2. The Director of Development Services may grant an Administrative Waiver reducing the Right-of-Way
standards found in section 6.03.F Street Design Criteria up to five (5) feet to accommodate development
in existing neighborhoods (e.g., an existing street does not meet the current standard) or if unusual
circumstances exist on the property or on adjacent property that make it difficult to comply with the
Right-of-Way standard.
E. Street Classification Descriptions
1. Thoroughfares
a. Thoroughfares carry traffic from one urban area to another and serve the major activity centers of
urbanized areas.
b. Thoroughfares are used for longer urban trips and carry a high portion of the total traffic with a
minimum of mileage.
c. Existing and proposed Thoroughfares are designated on the Transportation Plan.
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2. Collector Streets
a. Collector Streets carry traffic from Local Streets to Thoroughfares.
b. Uses served would include medium and high density residential, limited commercial facilities, some
small offices and as direct access within industrial parks.
3. Local Streets
a. Local Streets distribute traffic to and from residences.
b. Local Streets are short in length and non-continuous to discourage through traffic.
c. A Local Street is a street used primarily for access to abutting property, especially residential areas.
Local Streets also provide secondary or minor access and circulation to community facilities (school,
parks, etc.) and other traffic generators such a commercial and industrial areas.
F. Street Design Criteria
All dedicated streets shall conform to the Comprehensive Plan and Street Design Criteria as found in the
Design Standards & Specifications.
G. Cul-de-Sacs and Dead-End Streets
1. Cul-de-sacs
a. A cul-de-sac street shall not exceed six hundred (600) feet in length, unless approved by the
Planning & Zoning Commission in one of the following cases.
i. If the street is zoned or used for single-family residential development and no more than
sixteen (16) single-family lots are created along the street.
ii. If the land zoned or used for nonresidential development for specific reasons of topography,
engineering design or limited nonresidential use intensity. In no case shall a cul-de-sac longer
than 1,200 feet be allowed.
b. A cul-de-sac street shall be platted and constructed with a paved cul-de-sac at the closed end having
a turnaround with a minimum outside paving diameter of at least eighty (80) feet and a minimum
street Right-of-Way diameter of at least one hundred (100) feet.
2. Dead-End Streets
a. Dead-end streets are prohibited unless the street design meets the above cul-de-sac requirements
or unless the street is intended to be extended in the future and the dead-end design is only
temporary in nature.
b. If a temporary dead-end street is permitted, turnaround pavement meeting the dimensions listed
for cul-de-sacs in Paragraph 6.03.G.1 Cul-de-sacs (above) and a temporary turnaround easement
meeting the dimensions listed for the Right-of-Way in Paragraph 6.03.G.1 shall be provided on the
Plat.
i. The portion of the temporary turnaround easement lying outside of the street Right-of-Way
shall be designated on the Final Plat that shall denote a temporary easement.
In the event that the temporary dead-end street (as approved and shown on the Final Plat) is
extended in the future, the portions of the temporary turnaround easement shall revert back to the
lot(s) abutting the temporary turnaround easement.
3. Drainage Improvements
Provisions shall be made for adequate storm drainage at the ends of dead-end streets.
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4. Barricades
a. Barricades and other traffic controls shall be installed by the Developer at dead-ends in accordance
with Town specifications.
b. Barricades and other traffic control signs and markings shall be maintained by the Developer or
Homeowners’ or Property Owners’ Association.
H. Construction Responsibilities
1. Local Street and Alley Construction
The Developer shall, at the Developer’s cost and expense, pay for constructing all local streets and alleys
within the Developer’s Subdivision.
2. Collector Street Construction
The Developer shall, at the Developer’s cost and expense, pay for constructing all Collector Streets
within the Developer’s Subdivision.
I. Street and Alley Requirements
1. General Requirements
a. As a minimum, a street must be designated to safely provide two-way traffic for passenger, delivery,
emergency, utility, and maintenance vehicles.
b. If the Town determines that streets greater than the minimum standard are required, the Town will
conduct investigations, studies, and calculations to determine the infrastructure requirements.
i. If the Developer proposes to construct no greater than the minimum standard of infrastructure,
it will be the responsibility of the Applicant to submit to the Town engineering investigations,
studies, and calculations in support of constructing the minimum standard.
2. Local Streets, Collector Streets, and Alleys
a. Local street paving shall be in conformance with the Comprehensive Plan and Street Design Criteria
as found in the Design Standards & Specifications.
b. Collector Street paving shall be in conformance with the Comprehensive Plan and Street Design
Criteria as found in the Design Standards & Specifications.
c. Alley paving shall be in conformance with 6.05 Alleys.
J. Street Name and Traffic Control Signs
1. Street name and all required traffic control signs shall be furnished and installed by the Developer for
all areas, intersections within or abutting the Subdivision.
2. Street name signs shall be of a type approved by the Town and include the block number.
3. Street name signs and traffic control signs shall be installed in accordance with the prescribed type
currently in use by the Texas Manual on Uniform Traffic Control Devices.
K. Curbs: Barrier Curbs and Mountable Curbs
1. Barrier Curbs, as shown in the Design Standards and Specifications, shall be required for all
developments, except for the following cases:
a. For single-family, duplex, or multifamily, Mountable Curbs developments are permitted.
b. Mountable Curbs may be permitted along Private Streets within an approved Private Street
Development.
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2. All curbs shall conform to the Design Standards and Specifications governing the placement and
construction for curbs.
L. Street Openings to Adjoining Properties
1. Residential subdivision plat design shall provide for a reasonable number and location of street openings
to adjoining properties. Such openings shall occur at least every nine hundred (900) feet or in alignment
with abutting subdivision streets along each boundary of the subdivision.
2. The Deputy Director of Engineering Services may approve an Administrative Waiver if one the following
conditions are met:
a. If the adjacent area is already developed and does not have street connections;
b. If the adjacent area is zoned as a nonresidential or multifamily district; or
c. If the adjacent area has significant constraints to development, such as drainage ways, railroads,
highways, etc.
M. Street Lighting
1. Lighting Plan Required
Street light plans will be reviewed as part of the submittal of the Construction Plans.
2. Design
a. The following standards shall apply to all Thoroughfares:
i. Streetlights shall be placed in the medians, with spacing not to exceed three hundred (300) feet
and no closer than one hundred fifty (150) feet depending on median breaks and intersections.
ii. Luminaries shall be Town approved standard.
b. The following standards shall apply to all Commercial Collector Streets:
i. Luminaries shall be approved Town standard.
ii. Collector lighting shall be installed prior to final acceptance by the Town. Where property lines
bisect collectors longitudinally, each Developer is equally responsible for their fair share of the
cost of fully developed lighting. If the Commercial Collector Street is shown on the
Comprehensive Plan the Developer can receive reimbursement through a Development
Agreement.
c. The following standards shall apply to all Residential Streets:
i. Luminaries shall be approved Town standard unless upgraded options are approved by staff.
ii. Light locations shall typically be at intersections and at mid-block if the block length is greater
than six hundred (600) feet. Cul-de-sacs, six hundred (600) feet, measured from centerline of
street to center point of cul-de-sac, shall have a light installed at the street intersection and at
the beginning of the bulb or at the top of the bulb. Other locations may be required as deemed
necessary by the Deputy Director of Engineering Services. Lights shall not be closer than one
hundred fifty (150) feet.
iii. Subdivisions bounded by arterials shall have common type of luminaries. Streetlights shall be
installed prior to final acceptance by the Town.
3. Cost
i. Cost of installation of street lighting shall be borne by the Developer.
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ii. The initial cost of installation, operation, and maintenance for the first year shall be paid by the
Developer to the Town. Maintenance and operation after this period shall be provided by the
Town, unless the lights are on private streets.
4. Exemptions
The following are exempt:
i. Temporary lighting approved in writing by the Deputy Director of Engineering Services.
ii. Where existing or phased subdivisions were under construction prior to the effective date of
this Ordinance, the continued use of currently approved lighting will be permitted. When
divided by collector sized streets the lighting standards contained in this Ordinance will be
required.
iii. Lighting luminaries in existence on the effective date of this Ordinance shall be exempt from
these standards and shall be considered legally non-conforming. Such fixtures may be repaired,
maintained and/or replaced.
6.04. Private Streets and Gated Subdivisions
A. Applicability
1. Within the Town’s corporate Limits
Within the Town’s corporate limits, Private Streets and gated subdivisions for new development shall
be developed in accordance with the Zoning Ordinance as it exists or may be amended.
2. Within the Extraterritorial Jurisdiction (ETJ)
Private Streets are allowed in the ETJ subject to the formation of a Homeowners’ or Property Owners’
Association.
B. General
1. Requirements
Subdivisions with Private Streets and gated communities shall meet the following requirements:
a. The general provisions of this Subdivision Ordinance and other Town Codes as they relate to
development, streets, and utilities will apply.
b. A vehicular turn around shall be provided at entry gates to allow vehicles that have been denied
entry the ability to exit without having to back up.
c. All plans concerning private subdivisions are subject to review and approval by the local fire
department.
d. The definition of a “subdivision” and “street”, as contained in this Subdivision Ordinance, will apply
to all subdivisions or streets, whether public or private.
2. Authority Maintained by Town
a. All streets, gates, and other fire protection features, signage, and equipment are subject to periodic
inspection by the Town and must be repaired immediately if found to be in a condition of disrepair
or inadequate for public access.
b. The Town shall have the right to enter the subdivision and disable, open, or remove any gate, device,
or other feature that impedes or controls vehicle access at the sole expense of the developer or
Homeowners’ or Property Owners’ Association.
c. Access shall be provided for sanitation trucks.
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3. Owner’s Responsibility
The person or corporation in control of the property is responsible for, and liable for, any violations of
this private road requirement. This includes, but is not limited to, the developer, property owner, the
Homeowners’ or Property Owners’ Association and its officers, if applicable, or others who may own or
exercise control over the property.
4. Private Street Lot
Each Private Street and alley must be constructed within a separate lot owned by the Homeowners’ or
Property Owners’ Association.
a. Each lot must conform to the Town’s standards for design of a public street and alley right-of-way.
An easement covering the street lot shall be granted to the Town providing unrestricted use of the
property for utilities and the maintenance of the same. This right shall extend to all utility providers
including telecommunication, telephone and cable companies, operating within the Town.
b. The easement shall also provide the Town with the right of access for any purpose related to the
exercise of a governmental service or function, including but not limited to fire and police
protection, inspection, and code enforcement. The easement shall permit the Town to remove any
vehicle or obstacle within the street lot that impairs emergency access.
5. Construction and Maintenance Costs
The Town shall not pay for any portion of the cost of constructing or maintaining a Private Street.
6. Plans and Inspections
An applicant for a proposed subdivision with Private Streets must submit to the Town the same plans
and engineering information required to construct public streets and utilities. Requirements pertaining
to inspection and approval of improvements prior to Final Plat approval shall apply. Fees charged for
these services shall also apply. The Town may periodically inspect private streets and require repairs
necessary to ensure emergency access.
7. Waiver of Services
The Final Plat, property deeds and Homeowners’ or Property Owners’ Association documents shall note
that certain Town services shall not be provided on private streets. Among the services that will not be
provided are the following:
a. Routine police patrols.
b. Enforcement of traffic and parking ordinances and preparation of accident reports.
c. Depending on the characteristics of the proposed development, other services may not be
provided.
8. Signs
All private traffic regulatory signs shall conform to the Texas Manual of Uniform Traffic Control Devices.
9. Indemnification Language for the Final Plat
The Final Plat shall contain the following language:
a. Whereby the Homeowners’ or Property Owners’ Association, as owner of the Private Streets and
appurtenances, agrees to release, indemnify, defend and hold harmless the Town, any
governmental entity and public utility:
i. For damages to the private street occasioned by the reasonable use of the private street by the
Town, governmental entity of public utility;
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ii. For damages and injury (including death) arising from the condition of said Private Street;
iii. For damages and injury (including death) arising out of the use by the Town, governmental
entity or public utility of any restricted access gate or entrance; and
iv. For damages and injury (including death) arising out of any use of the subdivision by the Town,
governmental entity or public utility. Further, such language shall provide that all lot owners
shall release the Town, governmental entities and public utilities for such damages and injuries.
b. THE INDEMNIFICATIONS CONTAINED IN THE ABOVE LANGUAGE APPLY REGARDLESS OF WHETHER
OR NOT SUCH DAMAGES AND INJURY (INCLUDING DEATH) ARE CAUSED BY THE NEGLIGENT ACT OR
OMISSION OF THE TOWN, GOVERNMENTAL ENTITY OR PUBLIC UTILITY, OR THEIR REPRESENTATIVE
OFFICERS, EMPLOYEES OR AGENTS.
C. Gates
1. Each gate installation in a gated community must conform to the following provisions:
a. Fire Department Approval Required
i. Each gate installation must be approved by the Fire Department that serves the proposed
subdivision prior to installation.
ii. The installation must be completed and tested prior to the Town’s acceptance of the
subdivision.
b. Gate Openings and Clearances
i. Gate design may incorporate one or two gate sections to meet the required minimum gate
width of twenty-four (24) feet.
c. If a gate design incorporates any overhead obstruction, the obstruction must be a minimum of
fourteen (14) feet above the finished road surface.
2. Setback Required
Approach and departure areas on both sides of a gated entrance must provide adequate setbacks and
proper alignment to allow free and unimpeded passage of emergency vehicles through the entrance
area.
3. Gates to be Constructed in Agreement with Fire Department Guidelines
An automatic gate installation must conform to the design and performance guidelines established by
the Fire Department.
4. Good Working Order Required
a. All components of the gate system must be maintained in an approved operating condition, with
all components serviced and maintained on a regular basis as needed to ensure proper gate
operation.
b. A proper power supply shall be maintained to all electrical and electronic components at all times.
5. Failure to Meet Requirements
a. Each gate is subject to a performance test on a regular basis as determined by the Fire Department.
b. Upon failure of a performance test, the gate system shall be disabled and maintained in the open
position until repaired, and shall not be placed back in service until tested and authorized by the
Fire Department.
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D. Homeowners’ or Property Owners’ Association Required
1. Homeowners’ or Property Owners’ Association Required
Subdivisions developed with private streets and alleys must have a mandatory Homeowners’ or
Property Owners’ Association that includes all property to be served by Private Streets. The association
shall own and be responsible for the maintenance of private streets and appurtenances.
2. The Homeowners’ or Property Owners’ Association documents must establish a reserve fund for the
maintenance of streets and other improvements. The association documents shall be reviewed and
approved by the Town’s attorney to ensure that they conform to this and other applicable Town
ordinances. The documents shall be filed and recorded prior to the approval of the Final Plat. Lot deeds
must convey membership in the association and provide for the payment of dues and assessments
required by the association. The association may not be dissolved without the prior written consent of
the Town. No portion of the association documents pertaining to the maintenance of the private streets
and alleys and assessment therefore may be amended without the written consent of the Town.
E. Construction and Utilities
Water, sewer, drainage facilities, street lights and signs placed within the private street and alley lot shall be
installed to Town standards prior to approval of the Final Plat. All Town regulations relating to infrastructure
financing and developer cost participation shall apply to subdivisions with private streets.
F. Access Restrictions
1. General Requirements
The entrances to all Private Streets shall be marked with a sign stating that it is a private street. All
restricted access entrances shall be staffed 24 hours every day, or an alternative means shall be provided
of ensuring access to the subdivision by the Town and other utility service providers with appropriate
identification. If the association fails to maintain reliable access as required to provide Town services,
the Town shall have the right to enter the subdivision and remove any gate or device that is a barrier to
access at the sole expense of the association.
2. Restricted Access
Private streets that have access controlled by a gate, cross arm, or other access control device shall
conform to the following requirements:
a. The street must have a minimum uninterrupted pavement width of twenty-four (24) feet at the
location of the access control device.
b. The design of all gates, cross arms and access control devices, including automatic opening systems
and manual backup systems, shall be approved by the local Fire Department before installation.
c. The gates, cross arms, and access control devices shall be tested and accepted by the Fire
Department before being put into operation.
d. If the entrance incorporates a median, guard booth, or similar structure that necessitates a divided
gate arrangement, the gate and street pavement widths may be reduced if approved by the Fire
Department. This approval shall be contingent upon the subdivision with private streets having a
second approved means of access, but in no case shall any single gate or street pavement have a
clear opening of less than fifteen (15) feet.
3. Visitor Entrance Design Standards
a. At least one entrance to a subdivision with Private Streets shall be equipped for visitor access.
b. In addition to meeting the above design standards, the visitor entrance shall be equipped with a call
or code box located at least fifty (50) feet from the boundary of the subdivision to provide for
visitors calling in and automobile queuing.
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c. A turn-around space with a minimum outside radius of thirty (30) feet shall be located between any
call or code box and the access control device to allow vehicles denied access to safely exit onto
public streets in a “headout” position.
d. A sign shall be erected next to the edge or such turn around space to prohibit vehicle parking in
such space.
e. A resident entrance used in combination with a visitor entrance shall comply with the requirements
of this Subsection.
4. Resident-Only Entrance Design Standards
a. In addition to meeting the above design standards, an access control device that requires residents
to use a key, card, code, or other method to gain access shall be set back internally a minimum of
fifty (50) feet from the boundary of the subdivision to provide for automobile queuing; except that
resident entrances equipped with an electronic opener that allows residents to remotely open the
access control device and enter the subdivision without having to stop are exempted from this
requirement.
b. A sign shall be erected next to any resident entrance that does not meet the fifty (50) foot setback
requirement and does not provide a turn-around space with a minimum outside radius of thirty (30)
feet to indicate that it is for resident use only and not for visitors.
G. Converting Private Streets to Public Streets
The Homeowners’ or Property Owners’ Association documents shall allow the association to request the
Town to accept private streets and alleys and the associated property as public streets and right-of-way upon
written notice to all association members and to convey the same to the Town upon the consent by written
signatures of the owners of 75% of the affected lots on the street. However, in no event shall the Town be
obligated to accept said Private Streets and alleys as public.
1. Town’s Acceptance of Streets and Alleys
Should the Town elect to accept the streets and alleys as public, the Town may inspect the private streets
and assess the Homeowners’ or Property Owners’ Association or lot owners for the expense of needed
repairs concurrent with the Town’s acceptance of the streets and alleys. The Town will be the sole judge
of whether repairs are needed.
2. Town’s Requirements
The Town may also require, at the Homeowners’ or Property Owners’ Association’s expense, the
removal of guard booths, access control devices, landscaping or other aesthetic amenities located within
the street. The association documents shall provide for the Town’s right to such assessment. Those
portions of the association documents pertaining to the subject matter contained in this paragraph shall
not be amended without the written consent of the Town.
6.05. Alleys
A. Alleys are Optional Improvements
At the time of an application for a Preliminary Plat, the Developer shall identify the location of all proposed
alleys. The Commission shall have the authority to approve or deny all requests for alleys. If alleys are
constructed at the discretion of the Developer, then the alleys shall meet the standards of this Section 6.05.
B. Alley/Street Intersection – Prohibition
Alleys shall not intersect streets that are designated in the Comprehensive Plan as a Collector Street or a
Thoroughfare.
PROPOSED
Section 6: Subdivision Design Standards Town of Prosper: Subdivision Ordinance
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C. Alley Design
Alleys shall be designed in accordance with the Design Standards and Specifications.
6.06. Sidewalks
A. Intent
Sidewalks are required to achieve the following:
1. Promote the mobility, health, safety, and welfare of residents, property owners, and visitors to the Town
and to implement objectives and strategies of the Comprehensive Plan,
2. Improve the safety of walking by providing separation from motorized transportation and improving
travel surfaces for pedestrians,
3. Improve public welfare by providing an alternate means of access to transportation and social
interaction, especially for children, other citizens without personal vehicles, or those with disabilities,
and
4. Facilitate walking as a means of physical activity.
B. Location Requirements
1. Sidewalks shall be constructed on both sides of all new roadways.
2. The Deputy Director of Engineering Services may waive the requirement for sidewalks in subdivisions
consisting of bar ditch drainage conveyance (no curb and gutter).
3. Sidewalks shall be constructed generally within the Right-of-Way.
a. Where public sidewalks veer out of the Right-of-Way, a sidewalk easement shall be dedicated for
all portions outside of the Right-of-Way.
4. Routing to clear poles, trees or other obstacles shall be subject to Deputy Director of Engineering
Services approval.
5. Construction Plans shall show the location of all proposed sidewalks and shall state at what stage of the
project they will be constructed.
6. All sidewalks shall conform to Federal Americans with Disabilities Act (ADA) requirements and barrier-
free ramps shall be provided for access to the street.
C. General Construction
1. Sidewalks shall have a minimum width of five feet (5’) along residential streets and Collector Streets and
six feet (6’) along Thoroughfares. The width of the sidewalk shall be increased if designated as a hike
and bike trail in accordance with the Parks, Recreation & Open Space Master Plan.
2. Sidewalks located along Thoroughfares and Collector Streets shall be constructed to meander with a
radius between 100’ to 500', unless the Deputy Director of Engineering Services determines the required
radius cannot be met due to existing physical conditions or site constraints.
3. Sidewalks may be located in the required landscape buffer upon approval of the Town’s Landscape
Architect and shall be placed in an access easement to be dedicated at the time of Final Plat.
4. Sidewalk construction may be delayed until the development of lots, but in locations adjacent to open
space lots, common area lots and across bridges and culverts, the sidewalk shall be constructed with the
other improvements to the Subdivision.
5. The Commission may require pedestrian access to schools, parks, playgrounds, or other nearby streets
with perpetual, unobstructed easements at least 15 feet in width. Easements shall be indicated on the
plat.
PROPOSED
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D. Hike and Bike Trails
1. Trails shall be constructed by the Developer in locations shown on the Parks, Recreation, & Open Space
Master Plan unless otherwise approved by the Commission upon the recommendation of the Parks and
Recreation Board.
2. Where a hike and bike trail is shown to be required through a residential development not adjacent to
a creek, a 50-foot access easement shall be required within an HOA/open space lot. The width of the
access easement may be reduced to a minimum of 25 feet at an entry or exit point of the trail.
3. Hike and bike trails adjacent to a street shall be located within a minimum 15-foot access easement
within an HOA/open space lot.
4. Hike and bike trails shall not cross the driveways of residential homes unless recommended by the
Director of Parks and Recreation and approved by the Planning & Zoning Commission.
5. Hike and bike trails shall be required at the time of development. Hike and bike trails shall comply fully
with the Texas Accessibility Standards of the Architectural Barriers Act, administered by the Texas
Department of Licensing and Regulation.
E. Access Easements
1. Access Easements shall be required for all sidewalks and hike & bike trails or portions thereof that fall
outside of public right-of-way.
2. Easement width and size shall be sufficient enough to incorporate all of the public pedestrian facilities
plus two (2) and one-half (1/2) feet on either side.
6.07. Lots
A. Lot Design
Lot design shall provide adequate width, depth, and shape to provide open area, to eliminate overcrowding,
and to be appropriate for the location of the Subdivision for the type of development and use contemplated,
and shall meet all requirements of the Town.
B. Lot Frontage Requirement
1. Except as noted below, every lot shall have frontage on and access to a public street.
2. It is recognized that certain nonresidential developments may contain lots that cannot achieve access
to a public street. The Council may grant a waiver if adequate access including required fire lanes are
provided through dedicated public access easements from a public street.
C. Lot Frontage Prohibition for Single-Family Lots on Thoroughfares
Lots zoned for single-family use shall not front upon a Collector Street or Thoroughfare.
D. Right Angles for Side Lot Lines
All side lines of lots shall be as close to right angles as possible to straight street lines and radial to curved
street lines except where a variation to this rule will provide a better street and lot layout. The Director of
Development Services may grant an Administrative Waiver, if unusual circumstances exist on the subject
property or on adjacent property that make it difficult to comply with this requirement.
E. Flag Lots
Except as provided in 6.07.B.2 above, every lot shall have at least 50 feet of frontage along a street.
F. Key Lots
To the greatest extent possible, the creation of key lots shall be avoided.
PROPOSED
Section 6: Subdivision Design Standards Town of Prosper: Subdivision Ordinance
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G. Scenarios where Additional Lot Depth is Required
Where a lot in a residential area backs up to a high-pressure oil or gas line, electric transmission line (60kv
or higher), an industrial, commercial, or other land use that has a significant change in use from the
residential use of the property, and where no street or alley is provided at the rear of such lot, additional lot
depth may be required.
H. Double Frontage and Reverse Frontage Lots
Double frontage lots (also called through lots) and reverse frontage lots shall be prohibited except where
essential to provide separation of residential development from traffic arteries or to overcome specific
disadvantages of topography and orientation or exist prior to the adoption of this Subdivision Ordinance. (A
reverse frontage lot is a lot that is at right angles, or approximately right angles, to the general pattern in the
area involved.)
I. Waiver to the Minimum Lot Size
The minimum lot size requirement of the Zoning Ordinance as it currently exists or may be amended, may
be waived by the Director of Development Services as an Administrative Waiver if an existing tract of land
was created prior to the adoption of this Subdivision Ordinance. This waiver is designed to allow an existing
tract (which is often a remnant tract from a larger tract) that is surrounded by development to be platted,
which will then allow the owner to apply for Town permits.
J. Land Subject to a 100-Year Floodplain
1. Any land that, in its natural state, is subject to a 100-year flood or that cannot be properly drained shall
not be subdivided, re-subdivided, or developed until receipt of evidence that the construction of specific
improvements proposed by the Developer can be expected to yield a usable building site (i.e. Flood
Study and FEMA CLOMR [Conditional Letter of Map Revision]).
2. Building construction upon such land shall be prohibited until the specific drainage improvements have
been planned, constructed, and an approved CLOMR or an approved LOMR (Letter of Map Revision) has
been received from FEMA.
3. If a CLOMR has been approved as per 6.07.J.2, a LOMR must be received from FEMA prior to issuance
of certificates of occupancies.
K. Prohibition of Reserve Strips
No subdivision or addition showing reserve strips of landing controlling the access to public ways or adjoining
properties will be approved either in whole or in part.
6.08. Blocks
A. Block Length Measurement
The length of a block shall be considered to be the distance from property corner to property corner
measured along the property line of the Block Face:
1. Of greatest dimension, or
2. On which the greatest number of lots face.
B. Block Width Measurements
The width of a block shall be considered to be the distance from property corner to property corner
measured along the property line of the block face:
1. Of least dimension, or
2. On which the fewest number of lots face.
PROPOSED
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C. Block Measurement Factors
The length, width and shapes of blocks shall be determined with due regard to:
1. Provision of adequate building sites suitable to the special needs of the type of use contemplated;
2. Zoning requirements as to lot sizes and dimensions;
3. Needs for convenient access, circulation, control and safety of street traffic;
4. Limitations of topography; and
5. Compatibility with efficient development of public facilities as established by surrounding
developments.
D. Block Design
1. Intersecting streets shall be provided at such intervals as to serve traffic adequately and to meet existing
streets.
2. Where no existing subdivision controls, block lengths shall not exceed 1,000 feet. A “T” intersection
break on one side to provide traffic outlet will conform to the 1,000 feet break.
E. Waiver to the Minimum Block Size
For the following scenario, the Director of Development Services may approve an Administrative Waiver for
blocks lengths greater than the minimum established above.
1. For blocks in which all lots are 22,000 square feet in size or greater, the maximum block length may be
increased up to 1,440’ long or up to 24 lots per block, whichever is greater. Under no circumstances,
shall the maximum block length exceed 2,000 feet.
2. For blocks to be eligible for increased block length, the block must be located in a residential zoning
district.
6.09. Survey Monuments and Lot Markers
A. Permanent Survey Reference Monuments
1. Metal monuments three and one quarter inches (3.25”) in diameter long shall be placed by the surveyor
shall be placed on at least one block corner, boundary corner or angle points for each plat or each phase
of a multi-platted area or subdivision.
a. A twelve inch (12”) long steel rod, 5/8 inch in diameter and embedded at least twelve inches (12”)
into the monument, shall be placed at the boundary intersection point on each monument.
b. These monuments shall be set at elevations so that they will not be disturbed during construction.
c. The tops of the monuments shall be three and one quarter inch (3.25”) metal markers set at finished
grade.
d. All survey monuments installed with the development shall be shown on the Final Plat with
longitude, latitude, and elevation.
2. Submission of the Final Plat prepared by the licensed surveyor shall be considered evidence that the
monuments, guard stakes and flagging have been set.
3. The Deputy Director of Engineering Services may approve alternative survey methods.
B. Lot Markers
Lot markers shall be iron pins no less than twelve inches (12”) long nor less than one-half inch in diameter
set flush with the ground at every corner, at all angle points, and at all points of curves not otherwise
designated under the subparagraphs above or industry adopted survey benchmark documents, as approved
by the Director of Development Services.
PROPOSED
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6.10. Access Management
A. Intent of Access Management
It is the intent of this section to:
1. Fulfill the access requirements contained in the Zoning Ordinance as it exists or may be amended; and
2. Fulfill the standards of the Town’s Thoroughfare Design Requirements.
B. Access Requirement
Every lot shall have frontage on, and access to, a public street or other approved public access easement in
accordance with Section 6.07.B.
C. Common Access
1. Lots with sufficient frontage to safely meet the design requirements may be permitted their own
driveways. For lots without sufficient frontage (i.e., do not meet the driveway spacing standards), then
a Common Access Easement may be required between adjacent lots.
2. Common Access Easement
a. The use of common driveways shall require the dedication of a joint-use private access easement
on each affected property.
b. Said dedication shall be provided on the Final Plat of the subject properties, or be filed by separate
instrument approved by the Town Attorney with the County with a copy forwarded to the Town.
c. The Plat shall state that the easement shall be maintained by the property owner.
d. The Common Access Easement shall encompass the entire width of the planned driveway plus an
additional width of one foot on both sides of the drive.
Figure 3: Example of Common Driveway (For
Illustrative Purposes Only)
PROPOSED
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6.11. Easement Dedication
A. Easement Dedication
1. Easements and dedications of property needed for the construction of streets, alleys, sidewalks, trails,
storm drainage facilities, floodways, water mains, wastewater mains and other utilities, and any other
property necessary to serve the platted area and to implement the requirements of the Subdivision
Ordinance shall be labeled on the Final Plat and dedicated for the specific purpose intended (e.g., “Water
Easement”, “Drainage Easement”, “Street Easement”).
2. The type, size and location of easements shall be determined in accordance with the Town of Prosper
Design Standards and Specifications.
B. Off-site Easements
1. Off-site easements may be required to fulfill the requirements of the Subdivision Ordinance.
2. Off-site easements shall be dedicated to the Town by separate instrument and shall be approved by the
Town.
3. Off-site easements requiring dedication by different land owner than the developer of the subject
property shall be executed and received by the Town prior to release of construction plans.
4. All off-site easements shall be recorded at the appropriate county prior to acceptance of required public
infrastructure.
5. Type, size and location of off-site easements shall be determined in accordance with the Design
Standards and Specifications.
C. Restrictions
1. No portion of a structure (including, but not limited to, walls, foundations, porches/patios and
porch/patio covers, canopies, roof extensions/overhangs, chimneys, fire flues, pools, etc.) shall
encroach over or into any public easement, except that wall-attached window awnings, “bay” style
windows, and roof eaves shall be allowed to encroach into an easement a maximum of twenty-four
inches (24”) upon approval of the Deputy Director of Engineering Services.
2. Retaining walls, screening walls, fences, gates or similar structures shall be allowed to cross public
easements perpendicular to the intended use, and shall not be allowed to run longitudinally within said
easement.
D. Maintenance of Easements
1. The Town shall have the right to remove and keep removed all or part of any buildings, fences, trees,
shrubs, or other improvements or growths that in any way endanger or interfere with the construction,
maintenance, or efficiency of Town systems.
2. The Town shall at all times have the right of ingress and egress to and from and upon the said easements
for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or
removing all or part of its respective systems without the necessity at any time or procuring the
permission of anyone.
3. The property owner shall be responsible for maintaining the easement property.
E. Fire Lane Easements
1. Fire Lane Easements for emergency access shall be provided in locations as directed by the current
adopted Fire Code and as required by the Town.
2. Fire Lane Easements shall be shown and dedicated by Plat or by separate instrument and shall be of
minimum width as determined by the most current adopted Fire Code and any amendments as well as
Design Standards and specifications.
PROPOSED
Section 6: Subdivision Design Standards Town of Prosper: Subdivision Ordinance
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3. The property owner shall be responsible for maintaining the easement property.
F. Private Easements
Easements needed for construction or maintenance of private improvements (including, but not limited to,
retaining walls, screening walls, private drainage systems, private streets, etc.) shall be labeled on the Final
Plat and dedicated for the specific purpose intended. Specific notes on the plat shall designate maintenance
responsibilities to a Home Owner's Association or Property Owner's Association.
G. Utility Easements
1. Easements for private franchise utilities shall be located adjacent to the street right-of-way along the
fronts of lots or tracts.
2. Utility Easements dedicated to the Town shall be non-exclusive and provide construction, service and
maintenance rights for all public utilities and private franchise utility providers.
H. Needs/Benefits Determination
1. No dedication otherwise required by this ordinance may be imposed upon a property owner unless the
Town determines that the dedication is related to the impact of the proposed development; is roughly
proportional to the needs created by the proposed development; and provides a benefit to the
development.
2. An Applicant may appeal a staff recommendation that a dedication be required in accordance with the
provisions of Section 7 Subdivision Relief Procedures.
6.12. Water Utility
A. General
1. Approved Water Distribution System Required
All Subdivisions shall provide an approved water distribution system connected to the existing Town
water system in conformance with all applicable Town master plans and regulations. The Deputy
Director of Engineering Services may recommend approval to the Town Council for a connection to
another entity’s water system when necessary to accommodate the efficient growth of the Town’s
infrastructure.
2. System Design
In the absence of specific standards, all water supply, distribution, pumping, and storage improvements
shall be designed in accordance with the most current standards of the American Water Works
Association and the most current criteria included in the Texas Administrative Code, Chapter 290. The
Town shall make the final determination of the adequacy of any proposed system.
B. Basic Requirements
1. Water Main Construction
a. All water mains shall be constructed within the street Right-of-Way or easements dedicated to the
Town per design standards and specifications.
b. All public water facilities shall conform to Water Design Criteria as found in the Design Standards &
Specifications and the requirements of Texas Administrative Code, Chapter 290, subchapter D,
Rules and Regulations for Public Water Systems.
2. Water Main Cost of Construction
PROPOSED
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a. The Developer shall, at the Developer's cost and expense, pay for the installation of all water
distribution system improvements within the Developer's Subdivision in addition to any off-site
improvements to bring the water system to Developer's Subdivision.
b. Mains shown on the Capital Improvements Projects Master Plan and not planned to be extended in
time to serve a proposed development may be installed by the Developer at the Developer's
expense, but shall be impact fee reimbursed by an approved Development Agreement.
3. Water Easements
The minimum easement width for water mains shall be fifteen (15) feet, or as determined by the Deputy
Director of Engineering Services.
C. Preliminary Utility Plan
1. General
a. The Preliminary Utility Plan shall show compliance with Sections 6.12 Water Utility and 6.13
Wastewater Utility, and shall be in agreement with all other Town plans and standards.
2. Illustrate the Location and Size of Water Utility and Wastewater Utility Mains
a. Concurrent with the submission of a Preliminary Plat or Replat, the Developer shall submit a map
or plan showing the location and size of Water Utility and Wastewater Utility mains, which will be
required to provide adequate service and fire protection to the lots specified in the proposed plat.
b. Preliminary Utility Plans shall also show all fire hydrant locations, existing and proposed, required
to provide adequate fire protection per Design Standards and Specifications and Fire Code.
c. The Town may require the development to submit modeling for the proposed utility mains to verify
level of service.
3. Plan Document
The plan shall be prepared as noted in the Town’s Application Forms.
6.13. Wastewater Utility
A. General
1. Approved Means of Wastewater Collection and Treatment Required
a. All lots, tracts or parcels on which development is proposed shall be served by an approved means
of wastewater collection and treatment.
b. A lot may be served by On-Site Sewage Facilities (OSSFs) if the lot is at least one acre in size.
Additionally, the size of the lot shall be sufficiently large to accommodate adequate drainage fields
and to meet the standards set forth by the State of Texas, the County or any other governmental
unit having appropriate jurisdiction.
c. All lots, regardless of size, shall connect to the Town’s facilities if the lot is within 200’ of an existing
or proposed wastewater line.
2. Possible Phasing of Development Required
a. The Deputy Director of Engineering Services may require the phasing of development and/or
improvements in order to maintain adequate wastewater capacity.
b. Subdivisions either in the ETJ or that have been annexed and are not served by the Town shall meet
the same requirements but be subject to approval by the Director of Development Services.
PROPOSED
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B. Basic Requirements
1. Wastewater Collection System Required
a. All Subdivisions shall provide an approved wastewater collection system conforming to the Town’s
engineering Design Standards and Specifications and all applicable Town plans and regulations and
the requirements of Texas Administrative Code, Chapter 217, Design Criteria for Domestic
Wastewater Systems.
b. The Town shall make the final determination of the adequacy of the proposed system.
c. All wastewater collection systems shall be constructed within the street Right-of-Way or easements
dedicated to the Town per design standards and specifications.
2. Cost of Construction
a. The Developer shall, at the Developer's cost and expense, pay for the installation of all wastewater
collection system improvements within the Developer's Subdivision in addition to any off-site
improvements to bring wastewater system to Developer's Subdivision.
b. Wastewater mains as shown on the Capital Improvements Projects Master Plan not planned to be
extended in time to serve a proposed new development may be installed by Developer at the
Developer's expense, but shall be impact fee reimbursement through an approved Development
Agreement.
3. Wastewater (Sanitary Sewer) Easements
The minimum easement width for wastewater mains shall be fifteen (15) feet, or as determined by the
Deputy Director of Engineering Services.
C. Preliminary Utility Plan
When required by the Subdivision Ordinance, a Preliminary Utility Plan for Wastewater Utility requirements
shall be prepared in accordance with 6.12.C Preliminary Utility Plan.
6.14. Drainage and Stormwater
A. General
1. Components of the Drainage System
Drainage systems, including all conveyances, inlets, conduits, structures, basins, or outlets used to drain
Stormwater, must be designed and constructed to promote the health, safety, and welfare of the
property owner and the public, and to promote water quality standards. All drainage systems shall be
designed so that there will be no negative impact to upstream and downstream property owners.
2. Management of Stormwater Runoff
Adequate provision must be made for the acceptance, collection, conveyance, detention, and discharge
of Stormwater runoff onto, through and originating within the Subdivision.
3. Discharge of Stormwater Runoff
Stormwater must be discharged in an acceptable form and at a controlled rate so as not to endanger
human life or public or private property or violate water quality standards.
4. Drainage Facilities
Drainage facilities shall be provided and constructed by the Developer in accordance with the
requirements within the design standards and specifications.
PROPOSED
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B. Planning and Construction
1. The Developer shall incur the cost of all drainage improvements connected with development of the
Subdivision and acceptance of current upstream flows necessary to safely and adequately drain the
Subdivision, including any necessary off-site channels or storm sewers and acquisition of any required
easements.
2. Any necessary off-site channel or storm sewers that are required to be within easements must have a
separate instrument easement filed in the County Real Property Records.
C. Residential Grading and Drainage
1. Lot-to-Lot Drainage Standards
a. Surface runoff from residential lots shall be directed towards side lot swales located at a common
property line and shall not cross fully onto an adjacent lot before being directed toward the street
or a dedicated drainage easement or public Right-of-Way.
b. Surface runoff from residential lots that fully cross property lines and onto adjacent lots are referred
to as lot-to-lot drainage and shall not be allowed unless approved by the Deputy Director of
Engineering Services.
2. Detailed Standards
See the Design Standards and Specifications for requirements for detailed standards and policies.
D. Nonresidential Grading and Drainage
1. Lot-to-Lot Grading and Drainage Standards
a. Surface runoff from nonresidential lots that fully cross property lines and onto adjacent
nonresidential lots are referred to as lot-to-lot drainage and shall not be allowed without a
dedicated public drainage easement. At no point shall a developed nonresidential lot be allowed
to surface drain onto a residential lot regardless of easements.
b. Surface runoff or enclosed systems from developed nonresidential lots that cross a property line
are considered public drainage and must be contained within a dedicated drainage easement.
c. Concentrations of stormwater from areas exceeding a quarter (1/4) acre unless otherwise approved
by the Deputy Director of Engineering Services shall not be discharged to Town streets through
driveways or flumes but shall be collected into an enclosed system, either private or public, prior to
reaching the curb line of the roadway.
i. Surface runoff from landscape buffers and mostly impermeable areas shall be permitted to
surface drain directly towards Town streets if the street system was designed to handle
associated flows.
2. Detailed Standards
See the Design Standards and Specifications for detailed standards and policies.
E. Design Criteria
1. The design of the swales and enclosed systems located within a dedicated drainage easement shall
utilize the Town’s adopted drainage design criteria for channel and pipe systems.
2. Side yard swales shall have a minimum slope of one (1) percent to ensure adequacy of flow during and
after a rain event.
3. See the Design Standards and Specifications for requirements for detailed standards and policies.
PROPOSED
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F. Materials
1. Swales on Residential Lots
Swales on residential lots shall be fully vegetated.
2. Swales on Nonresidential Lots
Swales on nonresidential lots may be constructed in a natural state fully vegetated in cases where the
surrounding area has been vegetated and velocities and depth of flow can be contained within the
proposed swale without erosive damage.
a. Swales or inverts within parking and private driving lanes of nonresidential properties shall be
constructed of materials similar to those of the parking and driving lanes.
3. Systems on Nonresidential Lots
Enclosed systems on nonresidential lots that will be dedicated to the Town shall be designed in
accordance with the Design Standards and Specifications.
G. Floodplain
1. Floodplain delineation and dedication. If any portion of the property contains a drainage course, lies
within 100’ from the top of a high bank, or contains Federal Emergency Management Agency (FEMA)
floodplain, then the drainage basin area shall be determined. If that area is 160 acres or more, then the
100-year floodplain shall be established. All floodplain calculations shall be approved by the floodplain
administrator. The floodplain shall be delineated on the plat and shall be dedicated to the Town, at the
Town's option.
2. Floodplain easements shall be provided along natural drainage ways and lakes or reservoirs.
3. Floodplain easement locations shall be shown on the Final Plat.
4. Floodplain easements shall be provided in accordance with the recommendation of the Deputy Deputy
Director of Engineering Services and the Director of Development Services to accommodate the 100
year storm drainage flows or the flow of the flood of record, whichever is greater.
5. Floodplain easements shall encompass all areas beneath the water surface elevation of the Base Flood,
plus such additional width as may be required to provide ingress and egress to allow maintenance of
the banks and for the protection of adjacent property, as determined by the Deputy Deputy Director of
Engineering Services.
6. The following full statement of structures shall be placed in the dedication instrument of the Plat:
100 Year Floodplain Easement Restriction:
Construction within the floodplain may not occur until approved by the Town. (A request for construction
within the floodplain easement must be accompanied with detailed engineering plans and studies
indicating that no flooding will result, that no obstruction to the natural flow of water will result; and
subject to all owners or the property affected by such construction becoming a party to the request.)
Where construction is approved, all finished floor elevations shall be a minimum of one (1) foot above
the 100-year flood elevation as determined by analyzing the ultimate build-out conditions of the entire
drainage basin.
Existing creeks, lakes, reservoirs, or drainage channels traversing along or across portions of this
addition, will remain as an open channel at all times and will be maintained by the individual owners of
the lot or lots that are traversed by the drainage courses along or across said lots. The Town will not be
responsible for the maintenance and operation of said drainage ways or for the control of erosion. Each
property owner shall keep the natural drainage channels traversing his/her property clean and free of
debris, silt, or any substance that would result in unsanitary conditions. The Town shall have the right of
PROPOSED
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ingress and egress for the purpose of inspection and supervision of maintenance work by the property
owner to alleviate any undesirable conditions, which may occur. The Town is not obligated to maintain
or assistance with maintenance of the area.
The natural drainage channel, as in the case of all natural drainage channels, are subject to storm water
overflow and natural bank erosion. The Town shall not be liable for damages of any nature resulting
from the occurrence of these natural phenomena, nor resulting from a failure of any structure(s) within
the natural drainage channels. The natural drainage channel crossing each lot is shown by the Floodway
easement line as shown on the plat. If a Subivision alters the horizontal or vertical floodplain, a FEMA
Floodway map revision may be required.
H. Drainage Easements
1. Easements for storm drainage facilities shall be provided at locations containing proposed or existing
drainage ways.
2. Storm drainage easements, fifteen (15) feet minimum width, or as determined by the Deputy Director
of Engineering Services, shall be provided for existing and proposed enclosed drainage systems.
a. Easements shall be centered over the systems.
b. Larger easements, where necessary, shall be provided as directed by the Deputy Director of
Engineering Services.
3. Storm drainage easements shall be provided for emergency overflow drainage ways of sufficient width
to contain within the easement Stormwater resulting from a 100-year frequency storm less the amount
of stormwater carried in an enclosed system of a capacity required by the Town.
4. Where a Subdivision is bounded by a water-course, drainage way, channel, or stream, there shall be
provided a drainage easement conforming substantially to the lines of such water course, and of such
width to provide for increased drainage from anticipated future upstream developments, plus a
minimum of ten (10) feet on each side.
5. Drainage easements shall include provisions for access ingress and egress by crews and equipment for
maintenance purposes.
I. Maintenance
1. Mowing and maintenance shall be the responsibility of the property owner or Homeowners’ or Property
Owners’ Association.
2. Periodic cleaning of enclosed systems located within dedicated drainage easements shall be the
responsibility of the Town.
J. Preliminary Drainage Plan
1. General
a. The Preliminary Drainage Plan shall be submitted with the submittal of a Preliminary Plat or Replat
for review and acceptance in accordance with the Development Manual.
b. A Preliminary Drainage Plan shall be prepared for all developments in accordance with the
requirements set forth in the Town’s Application Forms.
c. The review of the Preliminary Drainage Plan does not constitute final drainage plan approval or
authorize a waiver to the Subdivision Regulations.
d. For property with a previously accepted Preliminary Drainage Plan, the accepted Preliminary
Drainage Plan may be submitted and enforced unless a revised Preliminary Drainage Plan is required
by the Town due to lot reconfiguration or other conditions created by the new Plat.
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e. The Deputy Director of Engineering Services may waive the requirement for a Preliminary Drainage
Plan if the submitted plat is not anticipated to cause any significant change in runoff characteristics
from a previously accepted drainage study or for single residential properties where no drainage
problems are anticipated.
f. If the applicant requests a waiver in writing, a copy of any previous drainage plan prepared for the
property shall be provided.
2. Illustrate the Drainage of the Site
a. For any property involved in the development process, a Preliminary Drainage Plan shall be
provided, at the Developer's expense, for the area proposed for development.
b. The Preliminary Drainage Plan shall show the watershed affecting the development and how the
runoff from the fully-developed watershed will be conveyed to, through, and from the
development.
i. The Preliminary Drainage Plan must comply with the standards outlined in this Subdivision
Ordinance, Design Standards and Specifications, and the Code of Ordinances.
c. The Preliminary Drainage Plan is a guide for later detailed drainage design.
3. Plan Document
a. The plan shall be prepared as noted in the Town’s Application Forms.
K. Detention and Retention Pond Overview
1. Storage of stormwater runoff within a stormwater management system is essential to providing the
extended detention of stormwater flows for water quality protection and downstream stream bank
erosion protection, as well as for peak flow attenuation of larger flows for flood protection.
2. Runoff storage can be provided within an on-site system through the use of structural stormwater
controls and/or nonstructural features and landscaped areas.
3. All detention and retention ponds shall have trees surrounding the pond. Retention ponds with a
constant water level shall have a fountain(s) or other method of circulating water.
4. Figure 4 illustrates various storage facilities that can be considered for a development site.
5. Detention Ponds are designed to drain a runoff volume over a specified period of time, typically 24
hours, and provide for stream bank protection.
6. Detention Ponds are designed to completely drain after a storm has passed. Likewise, Retention Ponds
also serve to drain runoff, but have the added feature of a permanent pool.
7. Retentions ponds shall be designed per Design Standards and Specifications.
Figure 4: Detention and Retention Pond Examples
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6.15. Development Criteria Along Creeks, Drainage Ways and Floodplain
A. Platting Along Creeks, Drainage Ways and Floodplain
1. No property shall be subdivided through final platting or "phasing" in a manner that is intended to avoid
or circumvent the Developer's obligation to construct required improvements and/or dedicate required
easements including, but not limited to, rights-of-ways, erosion hazard setbacks, and creek stabilization.
2. For single-family residential lots, dedication of the creek or drainage way to an approved Homeowners’
Association (HOA) shall be required.
a. No portion of a "drainage and floodway easement" for floodplain purposes shall be contained in a
single-family residential lot.
b. The limits of a drainage and floodway easement for floodplain shall be dedicated by Final Plat as a
single lot to an HOA, or to the Town at the Town’s sole discretion.
3. Creeks and drainage ways may be retained as a part of a nonresidential lot, and it shall be the property
owner's responsibility to maintain this area, except as otherwise provided.
a. Property located within any floodplain designation (subsequent to any reclamation) or which is
subject to, or required to be designated as, an erosion hazard setback easement or another similarly
related easement (hereinafter collectively referred to in this section as "no-build areas") shall be
designated in a Preliminary Plat where applicable and Final Plat as a common area.
b. Floodplain and/or erosion hazard setback easements may be included in and platted in conjunction
with a nonresidential lot with buildable area.
c. "Buildable area" shall mean a lot of a size, shape, characteristics and topography which allows for
the reasonable construction of improvements and structures allowed in the zoning classification in
which it is located.
4. Structures built on lots adjacent to floodplains shall be constructed so that the finished floor elevation
is a minimum twenty-four inches (24”) above the 100 year fully developed floodplain.
B. Maintenance Responsibilities
1. A Homeowners’ Association for residential development shall be responsible for maintaining the
common area for which a drainage and floodway easement is required.
a. A drainage and floodway easement for maintenance purposes shall be granted to the Town and
shall grant the right but not the obligation to maintain and construct drainage facilities if the creek
or drainage way is not being properly maintained.
b. A lien may be filed against the property in favor of the Town to secure payment of any expenses
incurred by the Town for maintenance.
2. A drainage and floodway easement for nonresidential lots for maintenance purposes shall be granted
to the Town. The Town shall have the right but not the obligation to maintain and construct drainage
facilities if the creek or drainage way is not being properly maintained. Consequently, a lien may be filed
against the nonresidential property in favor of the Town to secure payment of any expenses incurred by
the Town for maintenance
3. Nonresidential properties may create an entity or Property Owner's Association (POA) to maintain
creeks or drainage ways, provided the maintenance area is set forth by easement and the entity's by-
laws, filed of record, and provide for on-going maintenance.
a. Such easements shall authorize a lien against the POA in favor of the Town to secure payment for
any expenses incurred if the maintenance entity is not properly maintaining the creek or drainage
way.
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b. Adequate easements shall be required that give the Town the right but not the obligation to
maintain and construct drainage facilities if, in the Town's sole opinion, the maintenance entity is
not properly maintaining the creek or drainage way.
C. Erosion Hazard Setbacks
1. Erosion hazard setbacks will be utilized to provide creek bank protection for all creeks and drainage ways
within the Town.
2. In all cases, a buffer shall be created and protected by easement (See 6.15.D Drainage and Floodway
Easements) for the determined setbacks.
3. The setback limits may be altered through mechanical creek bank protection if such mechanical
stabilization is approved by the Deputy Director of Engineering Services and final platted consistent with
the protected bank area.
4. Where easements for erosion hazard setbacks are established, no building, fence, wall, deck, swimming
pool, or other structure shall be located, constructed, or maintained within the area encompassing the
setback.
5. The setback requirement for each creek or drainage way shall be determined as described in the Design
Standards and Specifications of the Town.
D. Drainage and Floodway Easements
All creeks, drainage ways and floodplain shall be dedicated in Drainage and Floodway Easements of such
width as to encompass the 100-year storm event plus a minimum ten (10) feet for maintenance purposes or
as determined by the Deputy Director of Engineering Services.
1. All erosion hazard setbacks shall be dedicated within the same drainage and floodway easement for
floodplains of such width as determined by Design Standards and Specification.
2. The outer limits of a Drainage and Floodway Easement shall be such that it encompasses both 100-year
floodplain and the erosion hazard setback plus the additional width for maintenance purposes as
outlined in the Design Standards and Specifications.
E. Studies to be Provided when Requested
At the request of the Town, the Property Owner shall submit the following documents with the Final Plat
that includes property along Creeks, Drainage Ways and Floodplains in addition to studies required for
development along Major Creeks:
1. Floodplain studies;
2. Reclamation studies; and
3. Creek stabilization.
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6.16. Residential Development Criteria Along Major Creeks
A. Subdivision Design for 60% of Creek Frontage
1. A minimum of sixty percent (60%) of the linear frontage of the Base Flood (100-Year) Plain in each
Preliminary Plat shall be adjacent to it one (1) or more of the following types of streets, unless otherwise
approved by the Planning and Zoning Commission:
a. Parallel streets,
b. Loop streets (see Figure 6 for an illustration of this street type), or
c. Cul-de-sac street (see Figure 6 for an illustration of this street type), with no more than two
consecutive cul-de-sacs without separation by a looped street or parallel street being permitted.
2. Any lot that sides to the Base Floodplain and/or Access Dedication shall have a minimum side yard
setback of fifteen (15) feet.
B. Subdivision Design for 40% of Creek Frontage
A maximum of forty percent (40%) of the linear frontage of the Base Floodplain and/or Access Dedication in
each Preliminary Plat may have lots backing to a Major Creek, unless otherwise approved by the Planning
and Zoning Commission. When a lot backs to a Major Creek, the following is required:
1. Any lot shall have a minimum rear yard setback of twenty-five (25) feet;
2. Alternating cul-de-sacs and looped streets shall be provided at intervals not to exceed 1,200’ for access
to the Base Floodplain and/or Access Dedication; and
3. The Base Floodplain and/or Access Dedication shall be available to public access from the end of a cul-
de-sac in the manner required in Section 6.20.
C. Exemptions
Subsection 6.16.A (above) does not apply to properties which have an approved concept plan that is part of
a planned development ordinance adopted prior to the effective date of this Ordinance; provided, however,
said properties are subject to the following conditions:
1. Any lot that backs to the Base Floodplain and/or Access Dedication shall have a minimum rear yard
setback of twenty-five (25) feet;
2. Any lot that sides to the Base Floodplain and/or Access Dedication shall have a minimum side yard
setback of fifteen (15) feet.
3. Alternating cul-de-sacs and looped streets shall be provided at intervals not to exceed 1,200’ for access
to the Base Floodplain and/or Access Dedication; and
4. The Base Floodplain and/or Access Dedication shall be available to public access from the end of a cul-
de-sac in the manner required in Section 6.20.
D. Ornamental Fence Requirement
Residential lots that are allowed to back or side to the Base Floodplain, Access Dedication and/or open space
lot shall have an ornamental metal fence along the rear and side of the lots subject to Town review and
approval. The lot owner is responsible for the maintenance of the fence.
E. Studies to be Provided when Requested
At the request of the Town, the Property Owner shall submit the following documents with the Preliminary
Plat that includes property along a Major Creek:
1. Wetland Delineation Study;
2. Habitat Study; and
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3. Vegetative Study.
6.17. Retaining Wall Construction
A. Location
1. Retaining walls on residential lots shall be located and constructed on private property and outside of
public right-of-way.
2. If a retaining wall is designed to traverse three or more lots within a Subdivision or on the perimeter of
a residential development, the wall shall be located within a wall maintenance easement dedicated on
the Final Plat
B. Design by a Professional Engineer Required
All retaining walls shall be designed by a professional engineer and plans submitted to the Town for review
must be signed and sealed by the design engineer.
C. Building Permit Required
1. Any earth terracing method that supports a structure or vehicle load, or that is over four (4) feet in
height (as measured from the bottom of footing to top of wall), shall require a Building Permit and shall
meet the requirements of this section.
2. No Building Permit, other than for a retaining wall, shall be issued for any lot within a Subdivision until
all retaining walls are constructed in accordance with a grading plan for the Subdivision.
3. A retaining wall shall be constructed in accordance with the grading plan and shall comply with the
requirements of the applicable building code and this ordinance.
4. Any change from the approved grading plan or design for a retaining wall within a Subdivision shall not
be permitted unless the Applicant has submitted plans for the entire Subdivision showing the proposed
changing in grading and the Deputy Director of Engineering Services has approved the proposed
change(s).
D. Retaining Wall Easements
1. If in the opinion of the Deputy Director of Engineering Services, the grading plans submitted with the
Application for approval of a Final Plat indicate a need for the construction of one or more retaining
walls, a wall maintenance easement shall be dedicated on the Final Plat.
2. The width of the wall maintenance easement shall be the width of the retaining wall plus the width a
the no-building zone, as established by the Applicant's licensed engineer and approved by the Deputy
Director of Engineering Services.
a. A no-building zone shall be the area adjacent to a retaining wall in which the wall design did not
account for any additional loads by the design engineer.
b. No structure (other than the retaining wall), swimming pool, landscaping, or any other feature that
adds load to the retaining wall, shall be constructed within the wall maintenance easement
3. Any wall maintenance easement shall include provisions for access ingress and egress by crews and
equipment for maintenance purposes.
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6.18. Residential Thoroughfare Screening
A. Purpose Statement
The image of the Town and its related influence on property values and the types of development that occur
directly affect the public welfare of the Town. With streets being the largest public land use, the image
people experience when traveling Town streets can have a substantial impact on the overall image of the
Town. This section is designed to create a positive visual image from Town streets by providing quality
screening. In addition to improving the Town’s image, these landscape screening options are intended to
buffer residential uses from roadway noise to minimize sound and visual nuisances of roadway adjacency.
B. Screening Requirements
Screening is required for all Single-Family, Two-Family, and Townhome lots and subdivisions as follows:
1. The rear of all lots that back to a thoroughfare or collector;
2. The side of all lots that side to a thoroughfare or collector, unless a lot sides to a median divided entry
street to a subdivision; and
3. Between any street and an adjoining parallel alley or street.
C. Prohibited Lot Layout
1. Lots are prohibited from backing to a street with a right-of-way of less than sixty feet (60').
2. All required screening shall be installed in accordance with this Ordinance, as it currently exists or may
be amended.
D. Screening Plans
1. A screening plan, including entry features, showing elevations and materials shall be submitted with the
Final Plat and approved by the Director of Development Services prior to the filing of the Final Plat at
the County.
2. Screening walls and fences shall be designed in accordance with the Town's design standards.
3. All required screening shall be installed prior to Town issuance of a final acceptance certificate unless
the following:
a. The Developer may delay the installation of screening by providing surety to guarantee the
installation of the required screening.
b. Surety shall be defined as a bond, escrow, letter of credit, or letter of financial guarantee from a
financial institution and be in an amount and format that is approved by the Director of
Development Services.
4. Required screening shall be installed within three (3) months from the date of Town issuance of a final
acceptance certificate and/or prior to Town conducting a building final inspection for occupancy for a
home in the subdivision, excluding model homes.
E. Landscape Plans
1. Landscape plans for landscaping required by this Ordinance, as it currently exists or may be amended,
shall be submitted with the Final Plat and approved by the Director of Parks and Recreation prior to the
filing of the Final Plat.
2. Landscape plans shall be approved by the Town for all proposed landscaping prior to planting.
3. Landscape materials shall be in accordance with the Approved Plant List and installation shall be in
accordance with the Zoning Ordinance, as it currently exists or may be amended, or other applicable
ordinances.
4. Other species may be utilized with approval by the Town’s Landscape Architect.
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5. Upon installation of the required landscaping, the developer shall contact the Parks Department to
request final inspection of landscaping elements.
6. All required landscaping shall be installed prior to Town issuance of a final acceptance certificate.
a. The Developer may delay the installation of landscaping by providing surety to guarantee the
installation of the required landscaping.
b. Surety shall be defined as a bond, letter of credit, or letter of financial guarantee from a financial
institution and be in an amount and format that is approved by the Director of Development
Services.
c. Required landscaping shall be installed within six (6) months from the date of Town issuance of a
final acceptance certificate and prior to Town conducting a building final inspection for occupancy
for a home in the subdivision, excluding model homes.
F. Required Screening and Landscaping
Screening required by Section 6.18.B shall be installed by the Developer in accordance with the approved
Screening Plans and Landscape Plans. The design of such screening shall conform to the standards below
and as generally shown in Figure 5.
1. A landscape buffer meeting the screening requirements of 6.18.B, minimum of twenty-five (25’) feet in
width, shall be installed by the developer of the subdivision within a landscape easement. This
requirement shall be increased to thirty (30’) feet along Preston Road, University Drive, and Dallas
Parkway.
2. Landscape Easement Requirement
a. A landscape easement, being the minimum width of the required landscape buffer, shall be
provided for required screening and shall be located within a private "non-buildable" lot that is
dedicated to, owned by, and maintained by the subdivision's Homeowners' Association (HOA).
b. Required landscape easements shall be exclusive of all required streets and right-turn rights-of-way,
drainage easements, and utility easements, unless otherwise approved by the Town Council.
Perpendicular crossings at a maximum width of fifteen (15) feet are allowed unless otherwise
approved by the Director of Development Services.
3. Landscaping Requirements
a. All trees and other required landscape materials shall be from the Approved Plant List as maintained
by the Town.
b. Landscaping shall be provided as follows:
i. A living screen of evergreen shrubs shall be planted within the required landscape easement as
generally shown in Figure 5.
(a) The living screen shall alternate with shrubs that shall be a minimum of seven (7) gallons
at time of planting and reach a minimum height of six feet (6') within two (2) growing
seasons and shrubs that shall be a minimum of three (3) gallons at the time of planting and
reach a minimum height of three feet (3') within two (2) growing seasons.
ii. A mix of large and ornamental trees shall be planted within the required landscape buffer, as
generally shown in Figure 5.
(a) The total number of caliper inches of the trees shall equal or exceed two (2) caliper inches
per ten (10) linear feet of landscape easement frontage.
(b) Large trees shall consist of a minimum of thirty-three percent (33%) of all tree plantings.
(c) Large trees shall be a minimum of four (4) caliper inches at time of planting.
(d) The ornamental trees shall be a minimum of two (2) caliper inches at time of planting.
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(e) A single species of tree shall not exceed forty-five percent (45%) of the plantings.
(f) Large trees shall be spaced a minimum of twenty-five (25) feet from each other.
(g) Ornamental trees shall be spaced a minimum of twelve and a half feet (12.5') from each
other unless approved by Town Landscape Architect.
iii. Berms shall be constructed within the landscape easement as generally shown in Figure 5.
(a) The berms may encroach up to three feet (3') into the right-of-way and shall not exceed a
3:1 slope.
(b) Adequate information shall be provided on the landscape plan to indicate drainage
patterns.
iv. Ground cover shall be planted throughout the landscape easement. Ground cover includes,
but is not limited to: grasses, shrubs, mulched planter beds, and hardscape.
4. Screening Fencing Requirements
Screening fences shall be provided as follows:
a. A continuous ornamental metal fence with a minimum height of six feet (6') and a maximum height
of eight feet (8'), with masonry columns spaced between 75' and 100', shall be constructed along
the shared property line between the landscape buffer and the abutting lots.
i. The maximum height of the columns, including capstones, shall be nine feet (9').
ii. The minimum height of required walls and fences shall be measured from the nearest alley
edge, the property line (where no alley exists) or sidewalk grade, whichever is higher, and shall
be constructed in accordance with Town design standards.
iii. The ornamental metal fence shall be constructed of solid-stock materials and tubular steel with
a minimum of sixteen (16) gauge pickets and eleven (11) gauge posts.
b. The requirement to construct a continuous ornamental fence may be waived by the Director of
Development Services where residential lots do not directly back or side to the required landscape
buffer.
c. A minimum five-foot (5') wall maintenance easement, dedicated to the HOA, shall be provided on
the plat on all lots abutting the screening wall or fence. The screening wall shall be owned and
maintained by the HOA.
d. Masonry walls, wood fences, solid metal fences, or any other type of solid fencing shall not be
constructed parallel to the required ornamental metal fence within the landscape buffer or on an
adjacent lot, within a distance of twenty-five feet (25') from the ornamental metal fence.
5. Irrigation Requirements
An automatic, underground irrigation system shall provide one hundred percent (100%) coverage for all
living screens and plantings, and shall conform to the following:
a. Irrigation lines shall be placed a minimum of two and one-half feet from the sidewalk.
i. Reduction of this requirement is subject to review and approval by the Deputy Director of
Engineering Services.
ii. The main irrigation lines, section lines and zone valves for irrigation systems shall be placed
outside of required right-of-way corner clips.
b. Trees and shrubs shall be irrigated by bubbler irrigation lines only. Other landscaping may be
irrigated by spray irrigation. Separate valves shall be provided to turn off the spray irrigation line
during periods of drought or water conservation.
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c. The main irrigation line, section lines and water valve for irrigation shall be placed in accordance
with the Engineering Design Standards.
d. The Developer is responsible for installing the water meter and back flow equipment in accordance
with the Engineering Design Standards.
6. Maintenance Requirements
The Developer shall provide financial means to maintain required screening walls, fences, and
landscaping. One of the following maintenance alternatives shall be selected and fulfilled by the
Developer, but the selection is subject to staff approval:
a. Establishment of a Homeowners’ Association to maintain required screening fences, and
landscaping. The Developer shall provide Homeowners’ Association documents to the Town to
demonstrate financial responsibility for future maintenance, repairs, and replacement of the
required improvements. Documents establishing the Homeowners’ Association or Property
Owners’ association shall be submitted to the Town for review and may be reviewed by the Town
Attorney for conformance with this and other applicable ordinances prior to final acceptance of the
subdivision. The documents shall include, among other information required by the Town,
descriptions of:
i. Operating budgets based on operating assumptions;
ii. Reserve budget based on facilities to be maintained;
iii. Subsidies budget; and
iv. Liability insurance.
The Homeowner’s Association shall be responsible for maintaining, repairing, or replacing screening
walls, fences, and landscaping required by this Ordinance, as it currently exists or may be amended.
The Developer shall remain responsible for the maintenance requirements set forth herein, until
the Developer ceases to control the Homeowner’s Association.
b. Subject to the discretion and approval of the Town Attorney and Town Council, a Public
Improvement District (PID) may also be utilized to maintain landscaping improvements.
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(Exhibit to be Updated)
Figure 5: Thoroughfare Screening and Landscape Buffer Design
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6.19. Homeowners’ or Property Owners’ Associations
A. Applicability
When a Subdivision contains common areas, common property, Usable Open Space or other improvements
not intended to be conveyed to the Town (e.g., drainage areas or amenities), a Homeowners’ or Property
Owners’ Association shall be created, and the duties and responsibilities shall be established in a declaration
consistent with State laws.
B. Dedication
The common areas shall be shown on the Final Plat or record Plat along with an adequate form for dedication
thereof. This dedication form shall:
1. Save the title to common area properties for the benefit of the Homeowners’ or Property Owners’
Association; and
2. Express a definite undertaking by the subdivider to convey the common properties to the Homeowners’
or Property Owners’ Association.
C. Membership
A Homeowners’ or Property Owners’ Association shall be an incorporated organization operating under
recorded land declarations through which:
1. Each lot owner in a described land area is automatically a member; and
2. Each lot is automatically subject to a charge for a proportionate share of the expenses for the
Homeowners’ or Property Owners’ Association's activities, such as maintenance of common areas,
common open spaces or the provision and upkeep of Usable Open Space and common recreational
facilities.
D. Legal Requirements
To ensure the establishment of a permanent Homeowners’ or Property Owners’ Association, including its
financing and the rights and responsibilities of the homeowners in relation to the use, management and
ownership of common areas or common property, the Subdivision plat, dedication documents, covenants,
and other recorded legal agreements must:
1. Legally create an automatic membership, Homeowners’ or Property Owners’ Association;
2. Place title to the common property in the Homeowners’ or Property Owners’ Association or give definite
assurance that it automatically will be so placed within a reasonable, definite time;
3. Place responsibility for operation and maintenance of the common property in with the Homeowners’
or Property Owners’ Association;
4. Provide for or place an association charge or assessment on each lot in a manner that will ensure
sufficient association funds to maintain the common property or improvements;
5. Identify the land area within the association's jurisdiction including, but not limited to, the following:
a. The property to be transferred to public agencies;
b. The individual residential lots;
c. The common properties to be transferred by the Developer to the Homeowners’ or Property
Owners’ Association; and
d. Other parcels.
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E. Contents of Agreements.
At a minimum, the agreements, covenants and restrictions establishing and creating a mandatory
homeowners’ association required in this Section shall contain and/or provide for the following:
1. Definitions of terms contained therein;
2. Provisions acceptable to the Town for the establishment and organization of the mandatory
homeowners’ association and the adoption of bylaws for such association, including provisions requiring
that the owner of any lot within the applicable subdivision and any successive buyer shall automatically
and mandatorily become a member of the association;
3. The initial term of the agreements, covenants and restrictions establishing and creating the association
shall be for a 25-year period and shall automatically renew for successive ten-year periods, and the
association may not be dissolved without the prior written consent of the City;
4. Provisions acceptable to the Town to ensure the continuous and perpetual use, operation, maintenance,
and/or supervision of all facilities, structures, improvements, systems, areas or grounds that are the
responsibility of the association and to establish a reserve fund for such purposes;
5. Provisions prohibiting the amendment or repeal of any portion of the association’s agreements,
covenants or restrictions pertaining to the use, operation, maintenance and/or supervision of any
facilities, structures, improvements, systems, areas or grounds that are the responsibility of the
association without the prior written consent of the Town;
6. The right and ability of the Town or its lawful agents, after due notice to the association, to remove any
landscape systems, features or elements that cease to be maintained by the association; to perform the
responsibilities of the association if the association fails to do so in compliance with any provisions of
the agreements, covenants or restrictions of the association or of any applicable City codes or
regulations; to assess the association for all costs incurred by the City in performing such responsibilities
if the association fails to do so; and/or to avail itself of any other enforcement actions available to the
City pursuant to state law or City codes or regulations; and
7. Provisions indemnifying and holding the Town harmless from any and all costs, expenses, suits,
demands, liabilities or damages, including attorney’s fees and costs of suit, incurred or resulting from
the Town’s removal of any landscape systems, features or elements that cease to be maintained by the
association or from the Town’s performance of the operation, maintenance or supervision
responsibilities of the association due to the association's failure to perform such responsibilities.”
F. Procedure
Prior to recording the Plat with the appropriate County, the Subdivider shall:
1. Draft the articles of incorporation of the Homeowners’ or Property Owners’ Association, its bylaws, and
the restrictive covenants;
2. Submit draft articles, bylaws, and covenants to the Director of Development Services for approval;
3. Create the appropriate legal entity following approval;
4. Record approved covenants, at the County Clerk’s office, which automatically make every lot owner a
member of the association, give him/her the right to use the common property, and establish his/her
voting rights and his/her obligations to pay assessments; and
5. Provide evidence of the recorded articles, bylaws, and the restrictive covenants prior to Final Plat
approval.
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G. Maintenance, Repair or Capital Improvement
1. Any maintenance, repair or capital improvement made to the property or facilities of the Homeowners’
or Property Owners’ Association by the Town pursuant to its ordinances and as a result of non-
performance or negligence on the part of the Association, shall be assessed to the Association and paid
by the Association within 30 days of the date of notification.
2. If the Association fails to pay within 30 days, then the cost will be divided between the various
Association members in proportion to the taxable value of their properties, as shown by the current
year valuations of the Collin or Denton County Appraisal District.
6.20. Park Land Designs, Dedications, and Fees
A. Purpose
This Section is intended to meet the goals and objectives of the Parks, Recreation, and Open Space Master
Plan to meet the additional needs created by new residential development.
B. Scope
The provisions of this Section shall apply to all new residential development within the Town for which a
Final Plat or Preliminary Plat is required to be submitted to the Town for approval.
C. Exemptions
The provisions of this Section shall not apply to the following:
1. Senior living facilities and senior care facilities, including assisted living facilities, senior congregate care
facilities, memory care facilities and nursing homes. However, independent living and retirement
communities or age-restricted housing developments shall be subject to the provisions of this Section.
D. Park Design Requirements: Neighborhood and Linear Parks and Connections to Park
1. This subsection 6.20.D shall not apply to Major Creeks as set forth in Section 6.15 unless otherwise
noted.
2. Parks must be easy to access and open to public view to benefit area development, enhance the visual
character of the Town, protect public safety and minimize conflict with adjacent land uses.
3. The following standards shall be used in designing parks and adjacent development:
a. Where physically feasible, parks shall be bounded by streets, or by other public uses (e.g. a school,
library, recreation center).
b. Where residential lots directly abut a park, lots must be oriented to side and not back to the park.
In this instance, cul-de-sac and looped streets must be used to access the lots and park.
Figure 6: Park Design
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c. Residential lots may back to a park only when the site's physical character (e.g., shape, topography,
drainage) does not reasonably permit an alternative design or the layout of the subdivision
complements the use of the park (e.g., lots backing to a golf course). Lots backing to a park shall
only be allowed upon a recommendation from the Director of Parks and Recreation and approval
by the Commission.
d. A proposed subdivision adjacent to a park may not be designed to restrict reasonable access to the
park from other area subdivisions.
e. Street connections to existing or future adjoining subdivisions may be required to provide
reasonable access to parks.
f. Alleys shall not abut a park.
g. Public access to a park shall not be less than fifty (50) feet at the curb and in width to the Base
Floodplain and/or Maintenance and/or Access Dedication and shall not be part of a residential lot.
The Developer shall install a hike and bike trail connection from the street to the hike and bike
trail/park prior to final acceptance of the subdivision. This trail must be blocked from motor vehicle
traffic. However, the Developer may request to escrow funds for the contracted amount prior to
final acceptance of the subdivision with Town approval. The escrow amount will remain in place
until the trail has been completed and accepted by the Town.
h. A twenty (20) foot level surface shall be provided for all public hike and bike trails. The twenty (20)
foot wide level surface can be provided within and/or outside of the Base Floodplain and/or Access
Dedication. The parkway for the public street may count towards the twenty (20) foot wide level
surface.
i. All proposed hike and bike trails shall be shown on the Preliminary Plat. The Parks and Recreation
Department shall make the final determination of the placement of the public hike and bike trail at
the time of the Final Plat.
j. No development shall interrupt future trail routes or otherwise hinder efficient public access to or
from an existing or future planned trail. Gated and other limited access developments shall be
designed such that they facilitate, and do not impede, through public access, emergency ingress
and egress, usage and enjoyment of public trails.
k. Streets abutting a park shall be built in accordance with the Thoroughfare Plan, the standards of
this Ordinance and all other applicable construction standards and/or ordinances, as they exist or
may be amended; however, the Town may require any residential street built adjacent to a park to
be constructed to collector street width to ensure access and prevent traffic congestion.
i. When park land is acquired, the Town shall reserve sufficient land to provide the additional
right-of-way required for an abutting collector size street, sixty (60) feet of right-of-way, unless
otherwise approved by the Town.
ii. The proposed street alignment fronting on Town parks is subject to Town approval. Land
owners shall also provide street access to all Major Creeks and/or Access Dedications.
E. Dedication Requirements (Land, Payment, or Combination)
1. Land Conveyance or Payment in Lieu of Land
The owner of any property to be developed for residential purposes shall convey for park purposes land
or make a payment of money in lieu of land, or a combination of both, to the Town at the time of
rezoning or subdivision to provide for the recreational needs created by such development, in
accordance with the provisions of this chapter.
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2. Proposed Number of Dwelling Units
All plats, lots of record, replats, site plans or proposed improvements of land for new residential
development shall indicate the number of proposed dwelling units to be constructed or placed within
the development on such plat, lot of record, replat or site plan.
3. Determination Authority
In reviewing any lot of record, plat, site plan or proposed improvements of land for a new residential
development, the Director of Parks and Recreation shall make a determination of whether a conveyance
of land, payment of money in lieu of land or a combination of both shall be made to meet the
requirements of this Section.
4. Factors Considered
In making a determination of which type of dedication, or combination thereof, shall be made, the
Director of Parks and Recreation shall evaluate what would be in the best interest of the Town, based
upon relevant factors that may include, but not be limited to, the following:
a. Whether the proposed land to be conveyed for park purposes would be suitable as a neighborhood,
linear, community, or Town park.
b. The Parks, Recreation, and Open Space Master Plan for the area in which the development is
located.
c. Whether the proposed land to be conveyed for park purposes is adjacent to an existing or proposed
school site.
d. Whether there is sufficient existing public or private park land in the area of the proposed
development.
e. Whether the park needs of the area where the proposed development is located would be best
served by expanding or upgrading existing parks.
f. Land located adjacent to a greenbelt park.
F. Dedications: Conveyance of Land Requirements
Where the Director of Parks and Recreation determines that a conveyance of land shall be required, in whole
or in part, the Parks and Recreation Board shall make final recommendation to the Town Council.
Conveyance of land shall meet the requirements of this Section and the following provisions shall apply:
1. Amount
The required conveyance of land shall be one (1) acre of land per thirty-five (35) residential units, or an
amount proportionally equal to five percent (5%) of the total tract acreage, whichever is greater.
2. Manner and Method
Plats required to be submitted to the Town for approval shall show thereon a fee simple conveyance to
the Town of the land required by this Section for park purposes as a condition to approval of such plat
by the Commission, and the Town may further require the conveyance of the park property by general
warranty deed. As a condition to acceptance of the plat or deed by the Town, the Subdivider shall
provide the Town with an owner's title policy of insurance in an amount equal to the value of the land
conveyed, which amount shall be determined by the Town.
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3. Credit for Private Recreation Facilities
Where private recreation facilities are built for the residents for the subdivision or development, a credit
may be granted with a recommendation from the Town Parks and Recreation Board and approval by
the Town Council. The value of these private recreation facilities shall be determined by the Town
Council, but shall not exceed one hundred percent (100%) credit of conveyance.
4. Suitability of Land for Neighborhood Parks, Community Parks, or Linear Parks
A proposed conveyance of land shall not be considered suitable for Neighborhood Parks, Community
Parks, or Open Space purposes if it has one or more of the following characteristics:
a. Located within the 100-year floodplain, as shown on the latest flood insurance rate map or
floodplain Ordinance adopted by the Town on which the Federal Emergency Management Agency
has delineated both the areas of special flood hazard and the risk premium zones applicable to the
community. The Town may take more than the 20 percent floodplain land if it is determined in the
best interest of the Town.
b. The proposed dedication is less than seven and a half (7.5) acres for a neighborhood park or less
than twenty (20) acres for a community park, unless the proposed dedication is located in such a
manner in which it could be combined with other dedications to create a park of adequate size.
c. It has unusual topography or slope or has utility easements that renders it unsuitable for organized
recreational activities or passive park needs, depending on the Town’s intended use for the
property.
d. It does not or would not front an improved public street or would not be readily accessible, in whole
or in part, to the public.
G. Dedications: Payment in Lieu of Land Provisions
Where the Director of Parks and Recreation determines that a payment of money in lieu of land shall be
made, the following provisions shall apply:
1. Determining the Amount of Payment
a. Any payment of money required to be paid shall be in an amount equal to the average per-acre
value of the whole property included within the residential development, the amount set forth in
the Fee Schedule Ordinance as it currently exists or may be amended, whichever is greater.
b. In determining the average per-acre value of the total land included within the proposed residential
development, the Director of Parks and Recreation may base its determination on one or more of
the following:
i. The most recent appraisal of all or part of the property made by the central appraisal district;
or
ii. Confirmed sale prices of all or part of the property to be developed, or comparable property in
close proximity thereof, which have occurred within two years immediately preceding the date
of determination; or
iii. Where, in the judgment of the Director of Parks and Recreation, Section 6.20.G.1.b.i or
6.20.G.1.b.ii above would not, because of changed conditions, be a reliable indication of the
then-current value of the land being developed, an independent appraisal of the whole
property obtained by the Town and paid for by the Developer; or
iv. The amount set forth in the Fee Schedule Ordinance as it currently exists or may be amended.
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2. Time of Payment
Any payment of money required herein shall be paid as a condition to the approval of any Final Plat or
replat. Payment shall be made prior to the filing of the plat unless otherwise stated in an agreement
approved by the Town Council.
3. Parkland Dedication Fund
All cash payments paid to the Town in accordance with this Section 6.20 shall be deposited in a separate
parkland dedication fund. The Town shall account for all such payment with reference to each
development for which the payment is made.
4. Use of Funds
Any payments made to the park development fund must be used for the acquisition and development
of parks, hike and bike trails or public open space located within the Town.
5. Compliance
a. Requirements to be Satisfied Prior to Development
It shall be unlawful for any person who is required to convey land, or make a payment in lieu of
land, to begin, or allow any other person or contractor to begin, any construction or improvements
on any land within any development until the required conveyance of land, or payment of money
in lieu of land, is made to the Town in accordance with this Section 6.20.
b. Permits and Services to be Withheld
No building permits shall be issued for, and no permanent utility services shall be provided to, any
land within any development until the required conveyance of land, or payment of money in lieu of
land, is made to the Town in accordance with this Section 6.20.
H. Park Improvement Fee
1. Purpose
a. A park improvement fee ("park fee") is hereby imposed on residential development for the purpose
of ensuring that Town, community, neighborhood and linear park facilities are available and
adequate to meet the needs created by such residential development.
b. The park fee is imposed in conjunction with and in addition to requirements for the dedication of
neighborhood and linear park land and the construction of neighborhood and linear park
improvements for which contributions the Property Owner may be reimbursed from proceeds of
park fees imposed, as provided in Section 6.20.H.6 (Use of Park Improvement Fee).
2. Applicability of Park Fee
a. In all cases in which parkland is dedicated or cash is paid in lieu of parkland dedication, the
Subdivider shall also pay to the Town a sum of money, as set forth by Section 6.20.H.4 (Amount of
Park Improvement Fee). This subsection does not apply to activities involving the replacement,
reconstruction, remodeling, rehabilitation or other improvements to an existing residential
structure, or to the rebuilding of a damaged structure or to permits required for accessory uses,
unless such activity results in a change in the type or increase in the number of dwelling units.
3. Imposition of Park Fee
a. Payment of the park fee shall be made prior to the acceptance of public improvements by the Town.
If no public improvements are required, such payment shall be made prior to filing the record plat.
b. Imposition of the park fee does not alter, negate, supersede or otherwise affect any other
requirements of Town, county, state or federal legislation or regulations that may be applicable to
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a residential development, including Town zoning and/or subdivision regulations that may impose
open space and park requirements and standards.
4. Amount of Park Improvement Fee
There is hereby established a park fee for single-family dwelling units in the amount of one thousand
five hundred dollars ($1,500.00) per unit, and a park fee for multifamily dwelling units in the amount of
two thousand dollars ($2,000.00) per unit.
5. Processing and Collection of Park Improvement Fee
a. Upon acceptance of a Final Plat, the Town shall calculate the amount of the applicable park fee due.
The park fee rate in effect at the time of acceptance of the Final Plat shall be used to calculate the
park fee.
b. The applicable park fee shall be collected prior to the signing of the plat unless otherwise stated in
an agreement approved by the Parks and Recreation Board.
6. Use of Park Improvement Fee
a. Park fees must be used for the following purposes:
i. To acquire and develop Park Facilities.
ii. To repay Developers for the reasonable costs of any park improvements constructed and
accepted by the Town.
7. Accounting Procedures for Park Improvement Fees
a. All park improvement fee payments shall be segregated in a separate fund to be spent only for the
improvement of Park Facilities within the Town that will meet the needs of the residents of the
development or subdivision in respect of which such payment was made.
b. The Town shall maintain and keep financial records for park improvement fees, which shall show
the source and disbursement of all fees collected.
8. Additional Voluntary Park Improvements
A developer may request permission to construct, at his or her own expense, additional park
improvements. The Town may accept or reject voluntary dedications of park land and/or additional
park improvements. Such voluntary dedications and/or improvements shall be considered for approval
by the Parks & Recreation Board. All improvements in public parks and open spaces shall be consistent
with the design criteria and objectives of the Parks, Recreation & Open Space Master Plan, and shall,
upon installation, become the property of the Town. Prior to constructing such additional park
improvements, the developer shall enter into a Development Agreement with the Town that defines,
among other things, the work to be performed, construction schedules, improvement costs,
performance surety, the amount to be reimbursed by the Town (if any), and the timing of such
reimbursement (if any).
9. Appeals and Variances
a. The Developer may appeal the following decisions of the Town Manager to the Town Council:
i. The applicability of the park fee;
ii. The amount of the fee due; or
iii. The amount of refund due, if any.
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b. The burden of proof is on the appellant to demonstrate that the amount of the fee, the amount of
the credit or reimbursement was not calculated according to the applicable schedule of fees or the
guidelines established for determining such amounts. The appellant must file a notice of appeal
with the Town Council within thirty (30) days following the determination by the Town Manager. If
the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the Town
Attorney in an amount equal to the park fee due as calculated by the Town Manager, the
development application shall be processed. The filing of an appeal shall not stay the collection of
the fee due, unless a bond or other sufficient surety has been filed.
c. The Town Council may grant variances from any requirements of this Section, upon written request
by a Property Owner subject to this Section, following a public hearing, and only upon a finding that
a strict application of such requirement would result in a substantial hardship that is not common
to similarly situated Property Owners.
10. Park Fee as Additional and Supplemental Requirement
The park fee is additional and supplemental to and not in substitution of any other requirements
imposed by the Town on the residential development of the land.
6.21. Franchise Utilities
A. Prohibition of Above Ground Utility Support Structures (Poles)
All utility service lines for residential distribution for electricity, telephone, gas, cable television, data, and
any other such service shall be underground with the exception of electric major transmission (three-
phase lines) or feeder lines. These lines shall be located on the perimeter of a subdivision whenever
possible.
B. Service Connections
Utility service to non-residential properties shall be placed underground from the right-of-way or the
easement adjacent to the right-of-way to the point of service. For all service connections from the right-
of-way to the point of service for all nonresidential properties, ground mounted equipment shall not be
placed in visibility, access and maintenance easements.
C. Requirements
1. The electric utility company shall be responsible for developing administrative policies and cost
reimbursement procedures for the installation and extension of underground electric service. These
policies shall permit the electric company to recover the cost differential between extending and
installing overhead and underground service.
2. The developer shall furnish all easements and right-of-way necessary for construction of electric, gas,
street lighting, telephone and cable television service to the subdivision.
3. The installation of these utilities shall conform to commonly accepted construction standards and shall
be subject to review by the Deputy Director of Engineering Services.
4. All Plats for residential and multifamily developments shall require all telecommunication lines, electric
lines, and utility lateral and services lines and wires to be placed underground except as otherwise herein
provided.
a. In special or unique circumstances or to avoid undue hardships, a Council Waiver may be approved
to permit the construction and maintenance of overhead electric utility lateral or services lines and
of overhead telecommunication lines and may approve any Plat or Site Plan with such approved
variances or exceptions.
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b. All electrical and telecommunication equipment (transformers, amplifiers, switching devices, etc.)
necessary for underground installations in Subdivisions shall be pad mounted or placed
underground.
i. All above ground support equipment shall be placed in manner to not block drainage on side
yard swale of residential lots.
c. Unless specifically stated otherwise, temporary construction service may be provided by overhead
utility lines and facilities without obtaining a waiver.
d. "Electric Utility Service Lines" shall mean those electric lines through which a transformer connects
a lateral line to a customer's service entrance.
5. All installations regulated by the provisions set forth herein shall be in conformance with the intent of
this ordinance and shall conform to any regulations and/or specifications that the various public utility
companies may have in force from time to time.
6. Nothing in this ordinance shall be construed to require any existing facilities to be placed underground
when no development is proposed.
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Section 7. Subdivision Relief Procedures
7.01. Petition for Subdivision Waiver
A. Purpose
The purpose of a petition for a Subdivision Waiver of a particular standard or requirement of this Subdivision
Ordinance, as such are applicable to Plats or Construction Plans, is to determine whether such particular
standard or requirement should be applied to an Application or modified.
B. Definitions
Subdivision Waivers shall be classified as an Administrative Waiver or Council Waiver. Administrative
Waivers are defined as a minor change to the standards, but not the intent, of these Subdivision Regulations
and are listed in Table 7. A Council Waiver is a significant change to both the standards and intent of the
Subdivision Regulations, which involves Planning & Zoning Commission and Town Council approval and is
not listed in Table 7.
C. Decision-Maker
1. Administrative Waiver
The Development Services Department shall act upon any Administrative Waiver listed in Table 7.
2. Council Waiver
After review and recommendation from the Commission, the Town Council shall decide a Council
Waiver.
D. Subdivision Waiver Applicability
1. Waiver of Standard or Requirement
a. An Applicant may request a Subdivision Waiver of a particular standard or requirement applicable
to a Preliminary Plat, to Construction Plans, or where no Preliminary Plat Application has been
submitted for approval, to a Final Plat or a Replat.
b. A Subdivision Waiver petition shall be specific in nature, and shall only involve relief consideration
for one particular standard or requirement.
c. An Applicant may submit more than one Subdivision Waiver petition if there are several standards
or requirements at issue.
Table 7: Administrative Waiver
Section Standard
6.07.D Right Angles for Side Lot Lines
6.07.I Waiver to the Minimum Lot Size
6.08.E Waiver to the Minimum Block Size
6.03.D.2 Street Right-of-Way Dedication
6.03.L Street Openings to Adjoining Properties
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d. For processing a Subdivision Waiver concurrently with a Plat Application, an Applicant shall submit
a Waiver of Right to 30-Day Action in accordance with 3.03.B Waiver of Right to 30-Day Action.
2. Waiver Petition Acceptance
a. A petition for a Subdivision Waiver may not be filed in lieu of:
i. A Subdivision Proportionality Appeal (7.02) or
ii. A Subdivision Vested Rights Petition (7.03).
b. If there is a question as to whether a Subdivision Proportionality Appeal or Subdivision Vested Rights
Petition is required instead of a Subdivision Waiver petition, such determination shall be made by
the Director of Development Services.
E. Subdivision Waiver Submission Procedures
1. Written Waiver Request with Application
a. A request for a Subdivision Waiver shall be submitted in writing by the Applicant with the filing of a
Preliminary Plat, Construction Plans, Final Plat or Replat, as applicable.
b. No Subdivision Waiver may be considered or granted unless the Applicant has made such written
request.
2. Grounds for Waiver
a. The Applicant’s request shall state the grounds for the Subdivision Waiver request, based upon the
Subdivision Waiver Criteria (7.01.F), and all of the facts relied upon by the Applicant.
b. Failure to do so will result in denial of the Application unless the Applicant submits a Waiver of Right
to 30-Day Action in accordance with 3.03.B Waiver of Right to 30-Day Action.
F. Subdivision Waiver Criteria
1. Undue Hardship Present
A Subdivision Waiver to regulations within this Subdivision Ordinance may be approved only when, in
the Decision-Maker’s opinion, undue hardship will result from strict compliance to the regulations.
2. Consideration Factors
The Decision-Maker shall take into account the following factors:
a. The nature of the proposed land use involved and existing uses of the land in the vicinity;
b. The number of persons who will reside or work in the proposed development; and
c. The effect such Subdivision Waiver might have upon traffic conditions and upon the public health,
safety, convenience and welfare in the vicinity.
3. Findings
No Subdivision Waiver shall be granted unless the Decision-Maker finds:
a. That there are special circumstances or conditions affecting the land involved or other physical
conditions of the property such that the strict application of the provisions of this Subdivision
Ordinance would deprive the Applicant of the reasonable use of his or her land; and
b. That the Subdivision Waiver is necessary for the preservation and enjoyment of a substantial
property right of the Applicant, and that the granting of the Subdivision Waiver will not be
detrimental to the public health, safety or welfare or injurious to other property in the area; and
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c. That the granting of the Subdivision Waiver will not have the effect of preventing the orderly
subdivision of other lands in the area in accordance with the provisions of this Subdivision
Ordinance.
4. Intent of Subdivision Regulations
a. A Subdivision Waiver may be granted only when waiving the requirement requested is in harmony
with the general purpose and intent of the Subdivision Regulations so that the public health, safety
and welfare may be secured and substantial justice done.
b. Financial hardship alone to the Applicant shall not constitute undue hardship.
5. Minimum Degree of Variation
No Subdivision Waiver shall be granted unless it represents the minimum degree of variation of
requirements necessary to meet the objective of the Applicant in requesting the waiver.
6. Violations and Conflicts
The Decision-Maker shall not authorize a Subdivision Waiver that would constitute a violation of, or
conflict with, any other valid ordinance, code, regulation, master plan or Comprehensive Plan of the
Town.
7. Falsification of Information
a. Any falsification of information by the Applicant shall be cause for the Subdivision Waiver request
to be denied.
b. If the Subdivision Waiver request is approved based upon false information, whether intentional or
not, discovery of such false information shall nullify prior approval of the Subdivision Waiver, and
shall be grounds for reconsideration of the Subdivision Waiver request.
G. Burden of Proof
The Applicant bears the burden of proof to demonstrate that the requirement for which a Subdivision Waiver
is requested imposes an undue hardship on the Applicant. The Applicant shall submit the proof with the
Application.
H. Subdivision Waiver Decision
1. The Decision-Maker shall consider the Subdivision Waiver petition and, based upon the criteria set forth
in 7.01.F Subdivision Waiver Criteria, shall take one of the following actions:
a. Deny the petition, and impose the standard or requirement as it is stated in these Subdivision
Regulations; or
b. Grant the petition and waive, in whole or in part, or modify the standard or requirement as it is
stated in this Subdivision Ordinance.
2. Processing of an Administrative Waiver Petition
The Decision-Maker shall deny or grant a petition for an Administrative Waiver (see Table 7 for a list of
Administrative Waivers) concurrently with the decision of a Preliminary Plat, Construction Plans, Final
Plat or Replat, as applicable.
3. Processing of a Council Waiver Petition
a. Recommendation of the Planning & Zoning Commission
i. The Commission shall consider the Council Waiver petition at a public meeting no later than
thirty (30) calendar days after the date on which the notice of Council Waiver is submitted to
the Director of Development Services.
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ii. The Commission shall recommend to the Town Council to approve, approve with conditions,
or deny a request for a Council Waiver by majority vote of all members.
b. Decision by Town Council
i. After the recommendation from the Commission has been made, the Town Council shall
consider the Council Waiver request at a public meeting no later than thirty (30) calendar days
after the date on which the Commission’s recommendation was made.
ii. The Town Council can approve, approve with conditions, or deny a request for a Council Waiver
by a majority vote of all members.
iii. The decision of the Town Council is final.
I. Notification of Decision on Petition – 14 Days
The Applicant shall be notified of the decision on the Subdivision Waiver by the applicable Decision-Maker
(e.g., the Director of Development Services, Deputy Director of Engineering Services, Commission or Town
Council, as applicable), within fourteen (14) calendar days following the decision.
J. Administrative Waiver Appeal
1. Initiation of an Appeal
a. The Applicant may appeal an Administrative Waiver decision.
b. The written request to appeal shall be submitted to the Director of Development Services within
thirty (30) calendar days following the denial decision.
2. Recommendation of the Planning & Zoning Commission
a. The Commission shall consider the appeal at a public meeting no later than thirty (30) calendar days
after the date on which the notice of appeal is submitted to the Director of Development Services.
b. At this meeting, new information may be presented and considered, if available, that might alter
the previous decision to deny the Administrative Waiver.
c. The Commission shall recommend to the Town Council to affirm, modify or reverse the previous
decision by simple majority vote.
3. Appeal to Town Council
a. After the recommendation from the Commission has been made, the Town Council shall consider
the appeal at a public meeting no later than thirty (30) calendar days after the date on which the
Commission’s recommendation was made.
b. The Town Council may affirm, modify or reverse the decision by majority vote of all members.
c. The decision of the Town Council is final.
K. Effect of Approval
1. Submission and Processing
Following the granting of a Subdivision Waiver, the Applicant may submit or continue the processing of
a Plat or Construction Plans, as applicable.
2. Expirations
The Subdivision Waiver granted shall remain in effect for the period the Plat or Construction Plans are
in effect, and shall expire upon expiration of either or both of those Applications.
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3. Extensions
Extension of the Plat or Construction Plans Applications shall also result in extension of the Subdivision
Waiver.
7.02. Subdivision Proportionality Appeal
A. Purpose and Applicability
1. Purpose
The purpose of a petition for relief from a dedication, construction requirement, or a requirement to
pay a fee, other than an impact fee authorized by Chapter 395 of the Texas Local Government Code is
to ensure that the imposition of a dedication, construction, or fee standards to a proposed development
does not result in an unconstitutionally disproportionate burden on the property owner.
2. Applicability
a. An Applicant may file a petition for relief under this 7.02 Subdivision Proportionality Appeal to
contest a requirement to dedicate land, to construct Public Improvements, or pay a fee as required
by this Subdivision Ordinance, other ordinance, or that are attached as a condition to approval of
the Application.
b. A petition under this 7.02 Subdivision Proportionality Appeal shall not be used to waive standards
on grounds applicable to any Subdivision Waiver Application, as outlined in 7.01 Petition for
Subdivision Waiver.
c. An appeal hereunder is a prerequisite to the filing of any court action or challenge to
proportionality. Exhaustion of administrative remedies shall not be accomplished unless appeals
provided for in this section are complete.
B. Petition Requirements
1. Form of Petition
The petition for relief from a dedication, construction, or fee requirement shall allege that there is not
a rational nexus or rough proportionality between the standards and the impact of the proposed
development in public facilities.
2. Study Required
The Applicant shall provide a study in support of the petition along with petition for relief that includes
the following information applicable to the standard in question:
a. Capacity Utilized
i. Total capacity of the Town’s water, wastewater, storm drainage, parks or roadway system to
be utilized by the proposed development, employing standard measures of capacity and
equivalency tables relating the type of development proposed to the quantity of system
capacity to be consumed by the development.
ii. If the proposed development is to be developed in phases, such information shall also be
provided for the entire development proposed, including any phases already developed.
b. Capacity Supplied
i. Total capacity to be supplied to the Town’s water, wastewater, storm drainage, parks or
roadway system by the proposed dedication of an interest in land or construction of Public
Improvements.
PROPOSED
Section 7: Subdivision Relief Procedures Town of Prosper: Subdivision Ordinance
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ii. If the Application is part of a phased development, the information shall include any capacity
supplied by prior dedications or construction of Public Improvements.
c. Capacity Comparison
i. Comparison of the capacity of the Town's public facilities system(s) to be consumed by the
proposed development with the capacity to be supplied to such system(s) by the proposed
dedication of an interest in land, construction of Public Improvements, or payment of a fee.
ii. In making this comparison, the impacts on the Town's public facilities system(s) from the entire
development shall be considered.
d. Oversizing
The effect of any Town participation in the costs of oversizing the Public Improvement to be
constructed in accordance with the Town's requirements.
e. Other Information
Any other information that shows the alleged disproportionality between the impacts created by
the proposed development and the dedication or construction requirement imposed by the Town.
3. Time for Filing Petition and Study
a. A petition for relief from a dedication, construction, or fee requirement shall be filed with the
Deputy Director of Engineering Services within fourteen (14) calendar days following the decision
on the related Application.
b. The study in support of the petition shall be filed within sixty (60) calendar days following the initial
decision, unless the Applicant (petitioner for relief) seeks an extension in writing within such sixty
(60) calendar day period.
c. The Deputy Director of Engineering Services may extend the time for submitting the study for a
period not to exceed an additional thirty (30) calendar days.
4. Land in the Extraterritorial Jurisdiction (ETJ)
Where land or facilities to be dedicated are located in the ETJ of the Town and are to be dedicated to
the County, a petition for relief or study in support of the petition shall be accepted as complete for
review by the Deputy Director of Engineering Services only when such petition or study is accompanied
by verification that a copy has been delivered to and accepted by the County, as applicable.
C. Processing of Subdivision Proportionality Appeal Petitions and Decision
1. Responsible Official
The Deputy Director of Engineering Services shall be the Responsible Official for processing a petition
for relief from a dedication, construction, or fee requirement.
2. Review and Recommendation
a. The Deputy Director of Engineering Services shall review the petition and supporting study and shall
make a recommendation to the Town Council.
b. In response to a petition for relief from a dedication or construction requirement pursuant to 7.02
Subdivision Proportionality Appeal and to achieve proportionality between the demands created
by a proposed development on public facilities and the obligation to provide adequate public
facilities, the Town may participate in the costs of Public Improvements, credit or offset the
obligations against payment of impact fees, or relieve the property owner any of the obligations.
PROPOSED
Town of Prosper Subdivision Ordinance Section 7: Subdivision Relief Procedures
DRAFT DATE: 5/1/2017 2:07 PM Page 97
3. Decision-Maker
The Town Council shall decide the Subdivision Proportionality Appeal petition, after receiving a
recommendation from the Deputy Director of Engineering Services.
4. Public Hearing Held within 60 Days after Receipt of Study
The Town Council shall conduct a public hearing within sixty (60) calendar days after the study
supporting the petition (refer to Section 7.02.B) is filed with the Deputy Director of Engineering Services.
5. Burden of Proof
The Applicant bears the burden of proof to demonstrate that the Application of a dedication,
construction, or fee requirement that is in question imposes a disproportionate burden on the Applicant.
6. Decision
The Town Council shall consider the petition for relief from a dedication, construction, or fee
requirement based upon the following criteria:
a. The Town Council shall determine whether the Application of the standard or condition is roughly
proportional to the nature and extent of the impacts created by the proposed development on
public facilities and whether the Application of the standard or condition reasonably benefits the
development.
b. In making such determination, the Town Council shall consider the evidence submitted by the
Applicant, the report and recommendation of the Deputy Director of Engineering Services and,
where the property is located within the Town's ETJ, any recommendations from the County, as
applicable.
7. Action
Based on the criteria in 7.02.C.6, the Town Council shall take one of the following actions:
a. Deny the petition for relief, and impose the dedication, construction, or fee requirement as required
by this Ordinance; or
b. Grant the petition for relief, and waive any dedication, construction, or fee requirement to the
extent necessary to achieve proportionality; or
c. Grant the petition for relief, and direct that the Town to waive the fee or participate in the costs of
acquiring land for or constructing the Public Improvement and establish the extent of such
participation.
8. Notification of Decision on Petition
The Deputy Director of Engineering Services shall notify the Applicant of the decision on the petition for
relief within fourteen (14) calendar days following the Town Council’s decision.
D. Expiration or Failure to File Application
Where an Application was denied based upon the imposition of the standard requiring dedication of land or
construction of a required Public Improvement and the Town Council’s decision is to grant some level of
relief, the Applicant shall resubmit the Application within sixty (60) calendar days following the date the
petition for relief is granted, in whole or in part, showing conformance with the Town Council’s decision on
the petition.
1. If the Application is not resubmitted within the sixty (60) day period, the relief granted by the Town
Council on the petition shall expire.
2. If the re-submittal of the Application is modified in any other way, a new petition for relief may be
required by the Deputy Director of Engineering Services.
PROPOSED
Section 7: Subdivision Relief Procedures Town of Prosper: Subdivision Ordinance
Page 98 DRAFT DATE: 5/1/2017 2:07 PM
3. If the Application for which relief was granted is denied on other grounds, a new petition for relief may
be required by the Deputy Director of Engineering Services.
E. Effect of Relief
1. The Deputy Director of Engineering Services may require the Applicant to submit a modified Application
or supporting materials consistent with the relief granted by the Town Council on the petition.
2. The relief granted on the petition shall remain in effect for the period the Application is in effect, and
shall expire upon expiration or approval of the Application.
7.03. Subdivision Vested Rights Petition
Petitions (requests) to develop under previous regulations will be processed according to Town’s adopted vesting
policy and pursuant to Texas Local Government Code, Chapter 245 or successor statute.
PROPOSED
Town of Prosper Subdivision Ordinance Section 8: Definitions
DRAFT DATE: 5/1/2017 2:07 PM Page 99
Section 8. Definitions
8.01. Usage and Interpretation
A. Usage and Interpretation Rules
For the purpose of this Subdivision Ordinance, certain terms or words herein shall be interpreted or defined
as follows:
1. Words used in the present tense include the future tense;
2. The singular includes the plural;
3. The word "person" includes a corporation as well as an individual;
4. The term "shall" is always mandatory; and
5. The term "may" is discretionary.
B. Words and Terms Not Expressly Defined
Words and terms not expressly defined herein are to be construed according to the normally accepted
meaning of such words or terms or, where no definition appears, then according to their customary usage
in the practice of municipal planning and engineering.
8.02. Words and Terms Defined
For the purpose of this Subdivision Ordinance, certain terms and words are herewith defined and shall have the
meaning here applied; any word not defined herein shall be determined by the Town Council.
1. Abutting
Adjacent, adjoining and contiguous to. It may also mean having a lot line in common with a right-of-way or easement,
or with a physical improvement such as a street, waterline, park, or open space.
2. Access
A means of approaching or entering a property, or the ability to traverse a property (such as in the use of the phrase
“pedestrian access easement”).
3. Administrative Waiver
See Waiver, Administrative.
4. Alley
A public Right-of-Way, not intended to provide the primary means of access to abutting lots, which is used primarily for
vehicular service access to the back or sides of properties otherwise abutting on a street.
5. Amending Plat
An Amending Plat applies minor revisions to a recorded plat consistent with provisions of State law, see Section 4.08
Amending Plat.
6. Applicant
The person or entity responsible for the submission of an Application. The Applicant must be the actual owner of the
property for which an Application is submitted, or shall be a duly authorized representative of the property owner. Also
see Developer.
PROPOSED
Section 8: Definitions Town of Prosper: Subdivision Ordinance
Page 100 DRAFT DATE: 5/1/2017 2:07 PM
7. Application
The package of materials, including but not limited to an Application Form, Plat, completed checklist, tax certificate,
Construction Plans, special drawings or studies, and other informational materials, that is required by the Town to initiate
Town review and approval of a development project.
8. Application Form
The written form (as provided by and as may be amended by the Director of Development Services) that is filled out and
executed by the Applicant and submitted to the Town along with other required materials as a part of an Application.
9. Approval
a. Approval constitutes a determination by the official, board, commission or Town Council responsible for such
determination that the Application is in compliance with the minimum provisions of this Subdivision Ordinance.
b. Such approval does not constitute approval of the engineering or surveying contained in the plans, as the design
engineer or surveyor that sealed the plans is responsible for the adequacy of such plans.
10. Barrier Curbs
Barrier curbs are designed to prevent vehicles from leaving the roadway or pavement.
11. Base Flood
The flood having a one (1) percent chance of being equaled or exceeded in any given year, determined based upon FEMA
(Federal Emergency Management Agency) guidelines and as shown in the current effective Flood Insurance Study.
12. Block
A tract or parcel of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad Right-
of-Way, highway, stream, or corporate boundary lines.
13. Block Face
The portion of a Block that abuts a street.
14. Block Length
The length of the Block Face between two intersections.
15. Building
Any structure built for support, shelter or enclosure of persons, animals, personal property, records or other movable
property and when separated in a manner sufficient to prevent fire, each portion of such building shall be deemed a
separate building.
16. Building Official
The Building Official of the Town or his or her designee.
17. Building Permit
A permit issued by the Town before a building or structure is started, improved, enlarged or altered as proof that such
action is in compliance with the Town code.
18. Building Setback Line
The line within a property defining the minimum horizontal distance between a building or other structure and the
adjacent street Right-of-Way/property line.
PROPOSED
Town of Prosper Subdivision Ordinance Section 8: Definitions
DRAFT DATE: 5/1/2017 2:07 PM Page 101
19. Certificate of Occupancy
An official certificate issued by the Town through the enforcement official that indicates conformance with the Town’s
rules and regulations and that authorizes legal use of the premises.
20. Collector Street
A street designed or used to carry traffic from Local Streets to Thoroughfares. (See the Comprehensive Plan and Street
Design Criteria as found in the Design Standards & Specifications for detailed standards.)
21. Commission
The Planning & Zoning Commission of the Town.
22. Comprehensive Plan
a. The plan, including all revisions thereto, adopted by the Town Council as the official policy regarding the guidance
and coordination of the development of land in the Town.
b. The plan indicates the general location recommended for various land uses, transportation routes, public and
private buildings, streets, utilities, parks, other public and private developments and improvements, and population
projections.
c. The plan may consist of, but is not limited to, the following plan elements: Future Land Use Plan, Transportation
Plan, and thoroughfare plan map.
23. Construction Plans
A set of drawings and/or specifications, including paving, water, wastewater, drainage, or other required plans,
submitted to the Town for review in conjunction with a subdivision or a development.
24. Conveyance Plat
An interim step in the subdivision and development of land, a Conveyance Plat is a plat designed to subdivide land and
to provide for recordation for the purpose of conveying (i.e., selling) the property without developing it. A Conveyance
Plat does not constitute approval for any type of development on the property.
25. Council
See Town Council.
26. Council Waiver
See Waiver, Council.
27. County
Collin or Denton County.
28. Court
An open, unoccupied space other than a yard, on the same lot with a building which is bounded on three (3) or more
sides by the building.
29. Crosswalk Way
A public Right-of-Way, four (4) feet or more in width between property lines, which provides pedestrian circulation.
30. Cul-de-Sac
A short, residential street having only one vehicular access to another street, and terminated on the opposite end with
a vehicular turnaround.
PROPOSED
Section 8: Definitions Town of Prosper: Subdivision Ordinance
Page 102 DRAFT DATE: 5/1/2017 2:07 PM
31. Curb Level
a. The level of the established curb in front of the building measured at the center of such front.
b. Where no curb has been established, the Deputy Director of Engineering Services shall establish such curb or its
equivalent for the purpose of this Subdivision Ordinance.
32. Date of Adoption
The date of adoption of this Subdivision Ordinance shall be the date this ordinance becomes effective.
33. Dead-End Street
A street, other than a cul-de-sac, with only one outlet.
34. Decision-Maker
The Town official or group, such as the Director of Development Services, Town Council, or Planning & Zoning
Commission, responsible for deciding an Application authorized by this Subdivision Ordinance.
35. Design Standards and Specifications
A stand-alone document, or a compilation of documents, not included within this Subdivision Ordinance that details
specific engineering requirements for the construction of Public Improvements.
36. Developer
a. A person or entity, limited to the property owner or duly authorized representative thereof, who proposes to
undertake or undertakes the division, developments, or improvement of land and other activities covered by this
Subdivision Ordinance.
b. The word Developer is intended to include the terms Subdivider, property owner, and, when submitting platting
documents, Applicant.
37. Development
Any manmade change to improved or unimproved real estate, including but not limited to, buildings and/or other
structures, paving, drainage, utilities, storage, and agricultural activities.
38. Development Agreement
Agreement between the Town and a Subdivider or Developer, which includes provisions for construction of Public
Improvements, Town participation, pro rata agreements, escrow deposits, and other provisions for the development of
land.
39. Development Application
An Application, developed and updated by the Director of Development Services, for any type of plan, permit, plat or
Construction Plans/drawings authorized or addressed by this Subdivision Ordinance.
40. Development Manual
A collection of Application Forms created, updated, and managed by the Director of Development Services. The
Development Manual also contains checklists, additional information, fees, and forms and is a policy document for the
public to reference.
PROPOSED
Town of Prosper Subdivision Ordinance Section 8: Definitions
DRAFT DATE: 5/1/2017 2:07 PM Page 103
41. Director of Development Services
The person(s) so designated by the Town Manager to provide oversight for and have responsibility of the Town’s
Development Services Department. This term shall also include any designee of the Director of Development Services.
Also, this term shall be inclusive of any future variations of the term, as deemed appropriate by the Town Manager, such
as “Development Services Director” or “Planning Director.”
42. Deputy Director of Engineering Services
The person(s) so designated by the Town Manager to provide oversight for and have responsibility of the Town’s
Engineering Services Department. This term shall also include any designee of the Deputy Director of Engineering
Services. Also, this term shall be inclusive of any future variations of the term, as deemed appropriate by the Town
Manager.
43. Director of Public Works
The person(s) so designated by the Town Manager to provide oversight for and have responsibility of the Town’s Public
Works Department. This term shall also include any designee of the Director of Public Works. Also, this term shall be
inclusive of any future variations of the term, as deemed appropriate by the Town Manager.
44. Dwelling Unit
One or more rooms, which are arranged, designed, used, or intended to be used for occupancy by a single-family or
group of persons living together as a family or by a single person.
45. Easement
a. Authorization by a property owner for another to use any designated part of the owner's property for a specified
purpose or use and evidenced by an instrument or plat filed with the County Clerk. Among other things, easements
may be used to install and maintain utility lines, drainage ditches or channels, or for other Town or public services.
b. An area established for public purposes on private property upon which the Town shall have the right to remove
and keep removed all or part of any buildings, fences, trees, shrubs, or other improvements or growths which in
any way endanger or interfere with the construction, maintenance, or efficiency of Town systems.
c. The Town shall at all times have the right of ingress and egress to and from and upon the said easements for the
purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all or part of
its respective systems without the necessity at any time or procuring the permission of anyone.
46. Easement, Common Access
An easement to provide shared access to and from retail, commercial, and industrial properties. The easement is
maintained by the owners of the property or as otherwise provided by deed restrictions or the terms of the easement
instrument.
47. Engineer
A person duly authorized under the provisions of the Texas Engineering Practice Act, as heretofore or hereafter
amended, to practice the profession of engineering and who is specifically qualified to design and prepare Construction
Plans and specifications for public works improvements.
48. Engineering Plans
See Construction Plans.
49. ETJ
See Extraterritorial Jurisdiction (ETJ).
50. Extraterritorial Jurisdiction (ETJ)
The unincorporated area, not a part of any other municipality, which is contiguous to the corporate limits of the Town,
the outer limits of which are measured from the extremities of the corporate limits of the Town outward for the distance
PROPOSED
Section 8: Definitions Town of Prosper: Subdivision Ordinance
Page 104 DRAFT DATE: 5/1/2017 2:07 PM
as stipulated in Chapter 42 of the Texas Local Government Code, according to the inhabitants of the Town, and in which
area the Town may regulate subdivisions and enjoin violation of provisions of this Subdivision Ordinance.
51. Fee Schedule
A listing of fees for various Town Applications, which is prepared by the Town Manager and approved by Town Council
and may be amended periodically. The Fee Schedule is approved separately from this Subdivision Ordinance.
52. Filing Plat
See Final Plat.
53. Final Acceptance
The acceptance by the Town of all infrastructure improvements constructed by the Developer in conjunction with the
development of land.
54. Final Plat
a. The one official and authentic map of any given subdivision of land prepared from actual field measurement and
staking of all identifiable points by a Surveyor or Engineer with the subdivision location referenced to a survey
corner and all boundaries, corners and curves of the land division sufficiently described so that they can be
reproduced without additional references.
b. The Final Plat of any lot, tract, or parcel of land shall be recorded in the Deed Records of Collin or Denton County,
Texas.
c. A Final Plat may also be referenced as a Record Plat or Filing Plat.
55. Floodplain
The area subject to be inundated by water from the Base Flood.
56. Floodway
A natural drainage area that accommodates the Base Flood for existing creeks and open drainage ways.
57. Frontage
All the property abutting on one (1) side of the street, or between two (2) intersecting streets, measured along the street
line.
58. Homeowners’ or Property Owners’ Association
a. A formal organization operating under recorded land agreements through which:
i. Each lot and/or property owner in a specific area is automatically a member; and
ii. Each lot or property interest is automatically subject to a charge for a proportionate share of the expense
for the organization's activities, such as the maintenance of common property; and
iii. The charge, if unpaid, becomes a lien against the nonpaying member's property.
59. Improvement
Any man-made fixed item that becomes part of or placed upon real property, see also Public Improvement.
60. Infrastructure
All streets, alleys, sidewalks, storm drainage, water, and wastewater facilities, utilities, lighting, transportation, and other
facilities as required by the Town.
PROPOSED
Town of Prosper Subdivision Ordinance Section 8: Definitions
DRAFT DATE: 5/1/2017 2:07 PM Page 105
61. Land Planner
A person(s), other than a surveyor or engineer, who also possesses and can demonstrate a valid proficiency in the
planning of residential, commercial, industrial and other related developments; such proficiency often having been
acquired by education in the field of urban planning, landscape architecture or other specialized planning curriculum
and/or by actual experience and practice in the field of land planning.
62. Letter of Final Acceptance
Notification to an Applicant from the Deputy Director of Engineering Services that all improvements are completed,
inspected, tested (if applicable), and determined by the Town to be in conformance with this Subdivision Ordinance and
with the Town’s design/engineering standards and all improvements are accepted by the Town or will be accepted
contingent to the approval of a Final Plat.
63. Local Street
A Local Street is a street used primarily for access to abutting property especially residential areas. Local streets also
provide secondary or minor access and circulation to community facilities (school, parks, etc.) and other traffic
generators such as commercial and industrial areas.
64. Lot
Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required
under this Subdivision Ordinance, and having its principal frontage upon a street or officially approved place.
65. Lot, Corner
a. A lot situated at the junction of two or more streets.
b. A corner lot shall be deemed to front on the street on which it has its smallest dimensions, or as otherwise
designated by the Planning & Zoning Commission.
66. Lot, Depth
The mean distance from the front street line to the rear line.
67. Lot, Interior
A lot, the side line of which does not abut on any street.
68. Lot, Key
A corner lot that is designed such that the lots located directly behind it face the side street of the corner lot and are not
separated by an alley.
69. Lot, Through
An interior lot having frontage on two streets.
70. Lot Lines
The lines bounding a lot as defined herein.
71. Lot of Record
A lot that is part of a subdivision, a map of which has been recorded in the office of the County Clerk.
72. Lot Width
The mean distance between side lines measured at right angles to the depth.
PROPOSED
Section 8: Definitions Town of Prosper: Subdivision Ordinance
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73. Major Creek
The Major Creeks are commonly known as Button Branch, Doe Branch, Gentle Creek, Rutherford Branch and Wilson
Creek. Each Major Creek begins at its headwater (as determined by the Federal Emergency Management Agency (FEMA)
and/or the U.S. Army Corps of Engineers) as is generally depicted on Flood Insurance Rate Maps that can be obtained
from FEMA.
74. Manual on Uniform Traffic Control Devices
The Manual on Uniform Traffic Control Devices, or MUTCD defines the standards used by road managers nationwide to
install and maintain traffic control devices on all public streets, highways, bikeways, and private roads open to public
traffic. The MUTCD is published by the Federal Highway Administration (FHWA) under 23 Code of Federal Regulations
(CFR), Part 655, Subpart F.
75. Marginal Access Street
A street parallel to and adjacent to an arterial street, and primarily provides access to abutting properties and protection
from through traffic.
76. Minor Plat
A plat dividing land into no more than four (4) lots that meets the submission and approval requirements of Section 4.06
Minor Plat. Such a plat is also considered a Final Plat.
77. Minor Replat
Pursuant to Texas Local Government Code 212.0065, a Minor Replat is a Replat involving four (4) or fewer lots fronting
on an existing street and not requiring the creation of any new street or the extension of municipal facilities. See Section
4.07.H.2 Minor Replat for details.
78. Mountable Curbs
Mountable curbs (also commonly known as sloping or roll-over curbs) have sloping faces that allow vehicles to encroach
upon the curb without discomfort or damaging the vehicle.
79. Official Submission Date
a. The date identified on the Development Services’ “Development and Zoning Schedule” as an official submission
date.
b. The Development and Zoning Schedule contains the official submission dates for subdivision related Applications
requiring Town review and approval pursuant to Texas Local Government Code Chapter 212.
c. The Director of Development Services publishes Development and Zoning Schedule.
d. All Applications shall be delivered to the Town on the identified submittal date.
80. Park, Playground, or Community Center, Public
An open recreational facility or park owned and operated by a public agency such as the Town or the school district, and
available to the general public.
81. Park Service Zone
All property within the Town and its Extraterritorial Jurisdiction (ETJ) is within a park service zone as shown on the map
on file with the Director of Development Services, as the same may be amended from time to time by the Town Council.
82. Parking Space
Open space or garage space reserved exclusively for the parking of a vehicle.
83. Pavement Width
The portion of a street available for vehicular traffic. Where curbs are laid, it is the portion between the face of the curbs.
PROPOSED
Town of Prosper Subdivision Ordinance Section 8: Definitions
DRAFT DATE: 5/1/2017 2:07 PM Page 107
84. Perimeter Street
A street that abuts a parcel of land to be subdivided on one side.
85. Person
Person means an individual, firm, association, organization, partnership, trust, foundation, company or corporation.
86. Planning & Zoning Commission
The Planning & Zoning Commission of the Town. Also referred to as the “Commission.”
87. Plat
a. A map or chart of the subdivision, lot or tract of land showing all essential dimensions and other information
required to comply with this Subdivision Ordinance as it exists or may be amended.
b. It shall include the term plan, plat or re-plat, in both singular and plural.
88. Plat, Amending
See Amending Plat.
89. Plat, Final
See Final Plat.
90. Plat, Minor
See Minor Plat.
91. Plat, Preliminary
See Preliminary Plat.
92. Preliminary Drainage Plan
This plan shows the watershed affecting the development and how the runoff from the fully-developed watershed will
be conveyed to, though, and from the development see 6.14.J Preliminary Drainage Plan for details.
93. Preliminary Plat
a. The graphic expression of the proposed overall plan for subdividing, improving and developing a tract shown by
superimposing a scale drawing of the proposed land division on a topographic map and showing in plan view existing
and proposed drainage features and facilities, street layout and direction of curb flow, and other pertinent features
with notations sufficient to substantially identify the general scope and detail of the proposed development.
b. The Preliminary Plat shall serve as a means for the Town to review and study the proposed division of land and/or
improvements.
c. See Section 4.04 Preliminary Plat.
94. Preliminary Stormwater Management Plan
A plan identifying permanent water quality feature opportunities for Subdivision development.
95. Preliminary SWMP
Preliminary SWMP is an abbreviation for Preliminary Stormwater Management Plan.
96. Preliminary Utility Plan
A plan detailing both Water Utility and Wastewater Utility requirements, see Section 6.12.C Preliminary Utility Plan for
details.
PROPOSED
Section 8: Definitions Town of Prosper: Subdivision Ordinance
Page 108 DRAFT DATE: 5/1/2017 2:07 PM
97. Private Street
See Street, Private.
98. Proportionality/Proportional Share
The Developer’s portion of the costs of an exaction or Public Improvement.
99. Public Improvement
Any Improvement, facility or service together with its associated public site, Right-of-Way or easement necessary to
provide transportation, storm drainage, public or private utilities, parks or recreational, energy or similar essential public
services and facilities, for which the Town ultimately assumes the responsibility, upon a Letter of Final Acceptance being
issued, for maintenance, operation and/or ownership.
100. Record Drawings
A group of drawings or plans that depicts the final configuration of the installed or constructed improvements of a
development, improvements that have been verified by the contractor as their installation or construction occurs during
development. The Record Drawings shall reflect the Construction Plans (or working drawings) used, corrected, and/or
clarified in the field.
101. Record Plat
See Final Plat.
102. Replat
The re-subdivision of any or part or all of any block or blocks of a previously platted subdivision, addition, lot or tract,
that is beyond the definition of an Amending Plat and which does not require the vacation of the entire preceding plat.
Such plat also conforms to Section 4.07 Replat of this Subdivision Ordinance. A Replat can function as a Final Plat for a
property.
103. Residential Street
A street that is intended primarily to serve traffic within a neighborhood or Residential Zoning District and which is used
primarily for access to abutting properties.
104. Residential Use
Residential use means use of a structure as a residence.
105. Residential Zoning District
Residential district means a single-family, patio home, duplex, townhouse, multifamily or manufactured home zoning
district.
106. Responsible Official
The Town staff person who has been designated by the Town Manager to accept a type of development Application for
filing, to review and make recommendations concerning such Applications, and where authorized, to initially decide such
Applications, to initiate enforcement actions, and to take all other actions necessary for administration of the provisions
of development Applications. Also includes any designee of the designated Town staff person.
107. Retaining Wall
A non-building, structural wall supporting soil loads and live and dead surcharge loads to the soil, such as additional soil,
structures and vehicles.
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108. Right-of-Way
a. A parcel of land occupied or intended to be occupied by a street or alley.
b. A Right-of-Way may be used for other facilities and utilities, such as sidewalks, railroad crossings, electrical
communication, oil or gas, water or sanitary or storm sewer facilities, or for any other use.
c. The use of Right-of-Way shall also include parkways and medians outside of pavement.
d. For platting purposes, the term “Right-of-Way” shall mean that every Right-of-Way shown on a Final Plat is to be
separate and distinct from the lots or parcels adjoining such Right-of-Way and not included within the dimensions
or areas of such lots or parcels.
109. Security
The financial guarantee provided by an Applicant that secures the construction of Public Improvements and any other
contractual obligations stated within a Development Agreement.
110. Setback Line
A line within a lot, parallel to and measured from a corresponding lot line, establishing the minimum required yard and
governing the placement of structures and uses on the lot.
111. Site Plan
A detailed, scaled drawing of all surface improvements, structures, and utilities proposed for development and is
associated with the Zoning Ordinance as it currently exists or may be amended.
112. Sketch Plan
A sketch or informal plan prepared prior to the preparation of the Conveyance Plat and/or Preliminary Plat describing
the proposed design of the subdivision to be reviewed during the pre-application review process.
113. Street
A public Right-of-Way that provides vehicular traffic access to adjacent lands.
114. Street, Private
A privately owned street within a Subdivision for which the private owners assume full responsibility for maintenance
and controls and that has not been dedicated to the use of the public. This term is inclusive of related alleys. Private
streets are Local Streets allowed in gated planned unit developments (PUDs) with homeowners' associations that
maintain them.
115. Street Right-of-Way Width
The shortest distance between the property or easement lines that delineates the Right-of-Way of a street.
116. Structure
Anything constructed or erected that requires location on the ground, or attached to something having a location on the
ground, including, but not limited to advertising signs, billboards and poster panels, but exclusive of customary fences
or boundary of retaining walls, sidewalks and curbs.
117. Subdivider
a. Any person or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision.
b. In any event, the term “subdivider” shall be restricted to include only the owner, equitable owner or authorized
agent of such owner or equitable owner, of land to be subdivided.
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118. Subdivision
a. The division of a tract or parcel of land into two or more parts or lots for the purpose, whether immediate or future,
of sale or building development or transfer of ownership with the exception of transfer to heirs of an estate, and
shall include re-subdivision.
b. Any other subdivision or re-subdivision of land contemplated by the provisions of Chapter 212, Local Government
Code.
119. Subdivision Ordinance
The adopted Subdivision Ordinance of the Town, as may be amended in the future, and may be referred as “this
Ordinance.”
120. Subdivision Plat
A Plat (i.e., Preliminary Plat, Final Plat, Minor Plat, Replat, Amending Plat or Conveyance Plat) established in LGC 212,
Subchapter A involving the subdividing of land in two (2) or more parts or the amending of a recorded Plat.
121. Subdivision Regulations
Any regulations and standards contained within the Subdivision Ordinance.
122. Subdivision Waiver
Either an Administrative Waiver or Council Waiver; see Section 7.01 Petition for Subdivision Waiver.
123. Surveyor
A licensed State Land Surveyor or a Registered Public Land Surveyor, as authorized by the State to practice the profession
of surveying.
124. Thoroughfare
a. A street designated as a Thoroughfare within the Comprehensive Plan.
b. A principal traffic-way more or less continuous across the Town or areas adjacent thereto and shall act as a principal
connecting street with highways as indicated in the Comprehensive Plan.
c. See the Comprehensive Plan and Street Design Criteria as found in the Design Standards & Specifications for detailed
standards.
125. Town
The Town of Prosper, Texas, together with all its governing and operating bodies.
126. Town Attorney
The person(s) so designated by the Town Council to provide oversight for and have legal responsibility for the Town. This
term shall also include any licensed attorney designated by the Town Attorney.
127. Town Council
The duly elected governing body of the Town of Prosper, Texas.
128. Town Manager
The officially appointed and authorized Town Manager of the Town of Prosper, Texas, or the Town Manager's duly
authorized representative.
129. Town Secretary
The person(s) so designated by the Town Manager to provide clerical and official services for the Town Council. This
term shall also include any designee of the Town Secretary.
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130. Transportation Plan
The plan that guides the development of adequate circulation within the Town, and connects the Town street system to
regional traffic carriers. Also, referred to as the Thoroughfare Plan or Master Thoroughfare Plan.
131. Usable Open Space
An area or recreational facility that is designed and intended to be used for outdoor living and/or recreation. Usable
Open Space may include recreational facilities, water features, required perimeter landscape areas, floodplain areas,
and decorative objects such as art work or fountains. Usable Open Space shall not include the following:
a. Rooftops;
b. Buildings, except those portions or any building designed specifically for recreation purposes;
c. Landscaped parking requirements;
d. Driveways;
e. Turnarounds; or
f. Right-of-Way or easements for streets and alleys.
132. Utility Easement
See Easement.
133. Vested Right
A right of an Applicant requiring the Town to review and decide the Application under standards in effect prior to the
effective date of the standards of this Subdivision Ordinance and/or of any subsequent amendments.
134. Vested Rights Petition
a. A request for relief from any standard or requirement of the Subdivision Regulations based on an assertion that the
Applicant (petitioner for relief) has acquired a Vested Right.
b. Such petition is regulated under Section 7.03 Subdivision Vested Rights Petition.
135. Waiver, Council
a. A Council Waiver is a significant change to both the standards and intent of the Subdivision Regulations, which
involves Planning & Zoning Commission and Town Council approval.
b. See Section 7.01 Petition for Subdivision Waiver for details.
136. Waiver, Administrative
a. An Administrative Waiver is a waiver listed in Table 7 and is a minor change to the standards, but not the intent, of
these Subdivision Regulations.
b. An Administrative Waiver is approved by either the Director of Development Services or Deputy Director of
Engineering Services (as applicable).
c. See Section 7.01 Petition for Subdivision Waiver for details.
137. Yard
a. An open space other than a court, on the same lot with a building, unoccupied and unobstructed from the ground
upward, except as otherwise provided herein.
b. In measuring to determine the width of a side yard, the depth of a front yard or the depth of a rear yard, the least
horizontal distance between the lot line and the main building shall be used.
PROPOSED
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138. Yard, Front
A yard across the full width of a lot extending from the front line of the main building to the front street line of the lot.
139. Yard, Rear
A yard across the full width of the lot extending from the rear line of the main building to the rear line of the lot.
140. Yard, Side
A yard between the building and the side line of the lot and extending from the front yard to the required minimum rear
yard.
PROPOSED
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Subdivision Ordinance - Town of Prosper, TX
TOWN OF PROSPER
SUBDIVISION ORDINANCE
TABLE OF CONTENTS
PAGE NUMBER
1. Authority .................................................................................................................. 1
2. Purpose ................................................................................................................... 4
3. Definitions ............................................................................................................... 4
4. Special Provisions ................................................................................................... 8
5. Variances ................................................................................................................ 9
6. Preliminary Conference ........................................................................................... 10
7.Preliminary Plat and Accompanying Data ............................................................... 10
8. Final Plat ................................................................................................................. 13
9.Guarantee of Performance ..................................................................................... 15
10.Design Standards and Specifications ..................................................................... 17
11.Responsibility for Payment of Installation Costs ..................................................... 41
12.Flood Hazard Areas ................................................................................................ 42
13.Parks and Other Public Uses .................................................................................. 46
14. Major Creeks ........................................................................................................... 56
15.Where Subdivision is Unit of Larger Tract ............................................................... 59
16.Authority of the Planning and Zoning Commission ................................................ 60
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Subdivision Ordinance - Town of Prosper, TX
1. AUTHORITY
These regulations shall be known and may be cited as the "Subdivision Ordinance" of the
Town of Prosper, Texas.
1.1. General
These regulations shall govern every person, firm, association or corporation owning any
tract of land within the Town Limits of the Town of Prosper and the Extraterritorial
Jurisdiction (“ETJ”) who may hereafter divide the same into two or more parts for the
purpose of laying out any subdivision of any tract of land or any addition to said Town, or for
laying out suburban lots or building lots, or any lots, streets, alleys, parks or other portions
intended for public use, or the use of purchasers or owners of lots fronting thereon or
adjacent thereto.
1.2. Authority
These regulations are adopted under the authority granted by the laws of the State of
Texas, including V.T.C.A., Local Government Code § 212.001 et seq., Regulation of
Subdivisions, and V.T.C.A., Local Government Code § 42.001 et seq., Extraterritorial
Jurisdiction of Municipalities.
1.3. Jurisdiction
Any owner of land located inside the Corporate Limits of the Town of Prosper or within its
Extraterritorial Jurisdiction wishing to subdivide such land shall submit to the Town Council,
or its designee, a plan of the subdivision which shall conform to the minimum requirements
set forth in these regulations. A division of land which includes the subdivision of tracts into
parts greater than five (5) acres, where each part has access and no Public Improvement is
being dedicated, shall be exempt from these requirements.
Any owner subdividing land outside the Corporate Limits of the Town of Prosper, but within
its Extraterritorial Jurisdiction shall submit a plan of subdivision to the Planning and Zoning
Commission which shall conform to all applicable state statutes, including but not limited to
Chapters 42, 43, 212, and 242 of the Texas Local Government Code and the minimum
requirements set forth in these regulations, and which is subject to the approval of both.
1.4. Intent
The intent of these regulations are, among others:
1.4.1. To ensure that development of land and subdivisions shall be orderly and of such
nature, shape and location that utilization will not impair the general welfare and to
ensure against the dangers of fires, floods, erosion or other such menaces;
1.4.2. To provide proper utilities and services for adequate drainage, water supply, and
disposal of sanitary and industrial waste and to preserve creeks;
1.4.3. To provide streets that ensure safe, convenient and functional systems for vehicular
and pedestrian circulation;
1.4.4. To ensure adequate fire protection and adequate access and egress for fire, police
and other emergency services;
1.4.5. To ensure access to adequate amounts of light and air;
1.4.6. To furnish adequate sites convenient to schools, parks, playgrounds and other
community services, respecting topography and other existing conditions of the land
and that adequate parks and open spaces as a result of the development are
provided; and
1.4.7. To ensure that all subdivisions created and land developments are in keeping with
the overall general welfare of the community.
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1.5. Annexation
If the property is not within the Town limits of Prosper and the owner desires that it be
annexed so as to be qualified to receive Town services, when available, and be afforded
zoning protection, the owner must petition the Town for annexation through lawful
annexation proceedings.
1.6. Zoning Required
Inside Town Limits, no plat application shall be accepted for filing or scheduled for
processing unless the application is consistent with the zoning district regulations in which
the property is located, or unless a complete application for consistent zoning is made
simultaneously therewith.
1.7. Certificates
1.7.1. Certification by a registered public surveyor, registered in the State of Texas, to the
effect that the plat represents a survey made by him or under his direct supervision
and that all the monuments shown thereon actually exist, and that their location, size
and material are correctly shown.
1.7.2. A certificate of ownership and dedication, of a form approved by the Town Attorney,
of all streets, alleys, parks, open spaces and public ways to public use forever,
signed and acknowledge before a notary public by the owner and any and all lien
holders of the land, and a complete and accurate description of the land subdivided
and dedications made.
1.7.3. A certificate, signed by the Town tax assessor, stating that all taxes and
assessments then due and payable on the land contained within the subdivision
have been paid.
1.8. Approval Required
Unless and until any plat, plan or replat shall have been first approved in the manner
provided by law, it shall be unlawful for any person, firm, corporation, or organization to
construct or cause to be constructed any streets, utilities, buildings or other improvements
to any tract of land; and it shall be unlawful for any official of said Town to issue any permit
of such improvements or to serve or connect said land, or any part thereof, or for the use of
the owners or purchasers of said land, or any part thereof, with any public utilities such as
water, sewers, lights, gas, etc., which may be owned, controlled, distributed, franchised, or
supplied by such Town. No building permits will be issued for the construction of any
building on any unplatted land within the Town of Prosper, however, minor repair permits
may be issued. When additions, alterations, or repairs within any twelve-month period
exceed fifty (50) percent of the value of an existing building or structure on previously
unplatted property, the land upon which the building or structure is located shall be platted
in accordance with the provisions of this Ordinance.
1.9. Complete Application
No application for approval or amendment of a subdivision plat, including without limitation
an application for approval or amendment of a Preliminary Plat, Final Plat, replat, amending
plat, plat vacation or conveyance plat or other approval authorized by these subdivision
regulations, shall be accepted for filing nor shall such application be scheduled for
consideration by the Town or otherwise processed unless the completed application is
accompanied by all documents and fees required by and prepared in accordance with the
requirements of the Town’s Zoning Ordinance and this Subdivision Ordinance. The
acceptance or processing by any Town official of an application to approve or amend a
subdivision plat prior to the time a complete application is submitted hereby is deemed to be
null and void and, upon discovery, shall be grounds for denial or revocation of such plat
application. A typographical error shall not constitute an incomplete application. The
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Subdivision Ordinance - Town of Prosper, TX
applicant will be notified of, and the reasons for, such denial or revocation within fifteen (15)
business days of the official application date.
1.10. Compliance
No person shall create a subdivision of land within the corporate limits of the Town or within
the extraterritorial jurisdiction thereof without complying with the provisions of these
regulations. All plats and subdivisions of any such land shall conform to the rules and
regulations set forth herein. No plat shall be filed or recorded, and no lot in a subdivision
inside the corporate limits of the Town of Prosper or within its extraterritorial jurisdiction shall
be improved or sold, until the plat has been approved by the Town of Prosper.
2. PURPOSE
The purpose of these controls is to provide for the orderly, safe and healthful development
of the area within the Town and within the area surrounding the Town and to promote the
health, safety, morals and general welfare of the community by securing adequate
provisions for transportation, traffic, light, air, recreation, preserving natural features,
drainage, water, sewage and other facilities.
3. DEFINITIONS
3.1 Abutting: Adjacent, joining at a boundary.
3.2 Administrator: That Town employee specifically appointed by the Town Council and
charged with administering the regulations and provisions of this Ordinance.
3.3 Alley: A minor public right-of-way, not intended to provide the primary means of access to
abutting lots, which is used primarily for vehicular service access to the back or sides of
properties otherwise abutting on a street.
3.4 Applicant: The Property Owner or duly designated agent of the Property Owner of land for
which approval of a Final Plat has been requested for residential development.
3.5 Base Flood Plain: The flood having a one percent (1%) chance of being equaled or
exceeded in any given year, based upon a fully developed watershed and the Town’s
criteria to accommodate a 100-year storm in a Major Creek.
3.6 Building: Any enclosed residential structure designed or intended for the support,
enclosure, shelter or protection of persons.
3.7 Building Setback Line: The line within a property defining the minimum horizontal distance
between a building and the adjacent street line.
3.8 Commission: The Planning and Zoning Commission of the Town. If there be no
Commission appointed, the Town Council shall have full authority to perform any tasks
designated herein to be performed by the Commission.
3.9 Crosswalk Way: A public right-of-way, six feet or more in width between property lines,
which provides pedestrian circulation.
3.10 Cul-de-sac: A street having but one outlet to another street, and terminated on one
opposite end by a vehicular turn-around.
3.11 Dead-End Street: A street, other than a cul-de-sac, with only one outlet.
3.12 Dwelling: Any building, or portion thereof, designed exclusively for residential occupancy
and containing one (1) or more dwelling units.
3.13 Dwelling Unit: One (1) or more rooms arranged, designed or used as separate living
quarters for an individual family, which contains kitchen facilities (only one (1) per dwelling
unit permitted), including at least a stove or cooking device and permanently installed sink,
plus bathroom facilities.
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3.14 Easement: Easement shall mean a right granted for the purpose of limited public or semi-
public use across, over or under private land.
3.15 Extraterritorial Jurisdiction: Extraterritorial Jurisdiction shall mean that area of land lying
outside and adjacent to the Corporate Limits of the Town of Prosper over which the Town of
Prosper has legal control as set forth in Chapter 42 of Local Government Code or otherwise.
3.16 Final Plat: Final Plat or Plat is a complete and exact subdivision plan submitted to the Town
for consideration for final approval and which, if approved (approved plat or file plat), will be
submitted to the County Clerk of Collin or Denton County for recording.
3.17 Flood: A temporary rise in stream level that results in inundation of areas not ordinarily
covered by water.
3.18 Floodway: The channel of a watercourse and portions of the adjoining flood plain that are
reasonably required to carry and discharge the regulatory flood.
3.19 Habitat Study: A study in which the main purpose is the identification and protection of
declared, critical habitat for threatened or endangered species and habitat used for nesting
by birds listed in the Migratory Bird Treaty Act (MBTA).
3.20 Key Lot: Key lot shall mean a corner lot that is designed such that the lots located directly
behind it faces the side street of the corner lot and are not separated by an alley.
3.21 Lot: An undivided tract or parcel of land having frontage on a public street and which is, or
in the future may be offered for sale, conveyance, transfer or improvement; which is
designated as a district and separate tract, and which is identified by a tract or lot number or
symbol in a duly approved subdivision plat which has been properly filed for record.
3.22 Major Creek: The Major Creeks are commonly known as Button Branch, Doe Branch,
Gentle Creek, Rutherford Branch and Wilson Creek. Each Major Creek begins at its
headwater (as determined by the Federal Emergency Management Agency (FEMA) and/or
the U.S. Army Corps of Engineers) as is generally depicted on Flood Insurance Rate Maps
that can be obtained from FEMA.
3.23 Park Board: The park and recreation planning board or its successor as appointed by the
Town Council.
3.24 Park Facilities: Land and/or facilities used or to be used as a community, neighborhood or
linear park, regardless of location, including both the acquisition of such land, the
construction of improvements thereon and the expenditure of funds incidental thereto,
including but not necessarily limited to planning, engineering and design of the park and
improvements, utility relocation, provision of improvements, utility relocation, provision of
pedestrian and vehicular access thereto and purchase of equipment, the need for which are
attributable to new residential development.
3.24.1. Community Park shall mean a park of approximately thirty (30) acres, serving an
area two to three miles in diameter. Community parks may typically contain lighted
athletic facilities for more active play purposes, such as ball fields for football,
softball, baseball and soccer, and a recreation center or swimming pool. These
parks may be located adjacent to existing or proposed greenbelt areas and
proposed school sites.
3.24.2. Linear Park shall mean a park or trail to be used primarily for passive recreation
and connecting residential neighborhoods and Park Facilities to one another and
to public facilities and services.
3.24.3. Neighborhood Park shall mean a park of approximately seven and one half (7.5)
to ten (10) acres, serving an area one to two miles in diameter. Neighborhood
parks should be designed to service a specific neighborhood area and may
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Subdivision Ordinance - Town of Prosper, TX
include playground apparatus and other space for active recreational purposes,
along with some areas for passive use. Whenever possible, neighborhood parks
should be located adjacent to existing or proposed greenbelt areas and proposed
school sites.
3.24.4 Town Park shall mean a park of no less than forty (40) acres, serving all residents
of the Town. Town parks will typically serve both passive and active use. Active
use may include lighted athletic facilities for play purposes, such as ball fields for
football, softball, baseball and soccer, and a recreation center or swimming pool.
Passive areas may contain trails, wildflower areas, wetlands, picnic pavilions, and
an amphitheatre. These parks may be located adjacent to existing or proposed
greenbelt areas.
3.25 Park Improvement Program: The adopted plan, as may be amended from time to time,
which identifies those Park Facilities and their costs, for a period of at least five (5) years,
which are to be financed in whole or in part through the imposition of park fees pursuant to
this Ordinance. The plan shall contain only those facilities which are anticipated to be
acquired or developed within the period covered by the plan.
3.26 Parkway: That portion of right-of-way that is between the curb and the right-of-way line.
3.27 Pavement Width: The portion of a street available for vehicle traffic where curbs are laid.
“Pavement width” is the portion between the back of curbs.
3.28 Person: Any individual, association, firm, corporation, governmental agency, or political
subdivision.
3.29 Planned Development: A development provided for by the Zoning Ordinance of Prosper
wherein certain yards, areas and related standards may be varied and a variety of land uses
associated on a tract, the plan of which is subject to approval by the Planning and Zoning
Commission and the Town Council.
3.30 Preliminary Plat: Preliminary Plat shall be any plat of any lot, tract or parcel of land that is
not to be recorded of record, but is only a proposed division of land for review and study by
the Town and used by the Subdivider in development of Final Plat and construction plans
for the property.
3.31 Property: A legally described parcel of land capable of development.
3.32 Property Owner(s): Any person, group of persons, firm or firms, corporation or corporations,
or any other entity have a proprietary interest in the land on which a Final Plat for residential
development has been requested.
3.33 Public Improvement: Any street, alley, park, public area, dedication, locations for utilities,
easements, right-of-way, fire lanes or other emergency access area intended for public use
or benefit.
3.34 Regulatory Flood: A flood which is representative of large floods known to have occurred
generally in the area and reasonably characteristic of what can be expected to occur on a
particular stream. The regulatory flood generally has flood frequency of approximately 100
years as determined from an analysis of frequency of floods on a particular stream and
other streams in the same general region.
3.35 Regulatory Flood Protection Evaluation: The evaluation of the regulatory flood plus 24
inches of freeboard to provide a safety factor.
3.36 Replatting: Replatting is the alteration of any part or all of the boundaries of any lot, block or
tract of a previously platted subdivision.
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3.37 Residential or Residential Development: The development of any property for a dwelling or
dwellings, other than motels, hotels, shelter used temporarily for transients and other similar
uses, as indicated by an application for a building permit.
3.38 Shall, May: The word “shall” is always mandatory. The word “may” is merely directory.
3.39 Street: A public right-of-way, however designated, which provides vehicular access to
adjacent land.
3.42.1 Arterial Street primarily provides vehicular circulation to various sections of the
Town.
3.42.2 Collector Street primarily provides circulation within neighborhoods, to carry traffic
from minor streets to arterial streets, or to carry traffic through or adjacent to
commercial or industrial areas.
3.42.3 Marginal Access Street is parallel to and adjacent to an arterial street, and primarily
provides access to abutting properties and protection from through traffic.
3.42.4 Minor Street is one used primarily for access to abutting residential property.
3.40 Street, Standard Width: That distance from back of curb to back of curb.
3.41 Subdivider or Developer: Any person or any agent thereof, dividing or proposing to divide
land so as to constitute a subdivision as that term is defined herein. In any event, the term
“Subdivider” shall be restricted to include only the owner, equitable owner or authorized
agent of such owner or equitable owner, of land sought to be subdivided.
3.42 Subdivision: A division of any tract of land situated within the corporate limits, or within one
mile of such limits, in two or more parts for the purpose of laying out any subdivision of any
tract of land or any addition of any town or city, or for laying out suburban lots or building
lots, or any lots, and streets, alleys or parts or other portions intended for public use or the
use of purchasers or owners of lots fronting thereon or adjacent thereto. “Subdivision”
includes re-subdivision, but it does not include the division of land for agricultural purposes
in parcels or tracts of five acres or more and not involving any new street, alley or easement
of access.
3.43 Surveyor: A licensed State Land Surveyor or a Registered Public Surveyor, as authorized
by State statute to practice the profession of surveying.
3.44 Town: The Town of Prosper, Texas.
3.45 Town Council: Town Council of the Town of Prosper.
3.46 Town Engineer: A person duly authorized under the provisions of the Texas Engineering
Registration Act, as heretofore or hereafter amended, to practice the profession of
engineering and specifically appointed by the Town Council to such position.
3.47 Utility Easement: An interest in land granted to the Town, to the public generally, to a
private utility corporation or to any one or more of the foregoing for installing or maintaining
utilities across, over or under private land, together with the right to enter thereon with
machinery and vehicles necessary for the maintenance of said utilities.
3.48 Vegetative Study: A study in which the main purpose is identification and consideration of
unique vegetative communities that are important for conserving biotic diversity and are rare
due to conversion to other land uses.
3.49 Wetland Study: A study in which the main purposes are to determine jurisdictional wetlands
and to ensure compliance with Section 404 of the Clean Water Act and other applicable
regulations of the U.S. Army Corps of Engineers.
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3.50 Any office referred to in this Ordinance by title, means the person employed or appointed by
the Town in that position, or the duly authorized representative of that person.
3.51 Definitions not expressly prescribed herein are to be construed in accordance with
customary usage in municipal planning and engineering practices.
4. SPECIAL PROVISIONS
4.1 Septic Tanks
4.1.1 No permit shall be issued by the Collin or Denton County Health Department or by
the Town for the installation of septic tanks upon any lot in a subdivision for which a
Final Plat has not been approved and filed for record, or upon any lot in a
subdivision in which the standards are contained herein, referred to herein, or
applicable under State or Federal Law have been complied with in full.
4.1.2 No permit shall be issued by the Collin or Denton County Health Department or by
the Town for the installation of a septic tank(s) if adequate sewer service is or will be
feasibly available within 200 feet of the property line of the lot to be sewered.
4.2 Other Permits
No building, repair, plumbing or electrical permit shall be issued by the Town for any
structure on a lot in a subdivision for which a Final Plat has not been approved and filed for
record, nor for any structure on a lot within a subdivision in which the standards contained
herein have not been complied with in full.
4.3 Streets and Public Utility Services
The Town shall not repair, maintain, install or provide any streets or public utility services in
any subdivision for which a Final Plat has not been approved and filed for record, nor in
which the standards contained herein or referred to herein have not been complied with in
full.
4.4 Public Utilities
The Town shall not sell or supply any water, gas, electricity, or sewage service within a
subdivision for which a Final Plat has not been approved or filed for record, nor in which the
standards contained herein or referred to herein have not been complied with in full.
4.5 Enforcement Initiation
On behalf of the Town, the Town Attorney or his/her designee shall, when directed by the
Town Council of the Town of Prosper, institute appropriate action in a court of competent
jurisdiction to enforce the provisions of this Ordinance or the standards referred to herein
with respect to any violation thereof which occurs within the Town, within the extraterritorial
jurisdiction of the Town as such jurisdiction as determined under the Municipal Annexation
Act, or within any area subject to all or a part of the provisions of this Ordinance.
4.6 Existing Subdivisions Without a Recorded Plat
4.6.1 If any subdivision exists for which a Final Plat has not been approved, or in which
the standards contained or referred to herein have not been complied with in full, the
Town Council of the Town may pass a resolution, pertaining to any such
subdivisions, reciting the fact of such noncompliance or failure to secure Final Plat
approval, and reciting the fact that the provisions of the paragraphs in Section 4.1 to
4.4 will apply to the subdivision and the lots herein. Then, in that event, the Town
Secretary shall cause a certified copy of such resolution to be filed in the deed
records of the county or counties in which subdivision or part thereof lies. If full
compliance and Final Plat approval are secured after the filing or such resolution,
the Town Secretary shall file an instrument in the deed records of such county or
counties stating that Section 4.1 to 4.4 no longer apply.
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4.6.2 Provided, however, that the provisions of this Ordinance shall not be construed to
prohibit:
4.6.2.1 The issuance of permits for any lots upon which residence building exists
and was in existence prior to passage of this Ordinance.
4.6.2.2 The repair, maintenance, or installation of any street or public utility services
for, to, or abutting any lot, the last recorded conveyance of which was prior
to passage of this Ordinance and was by metes and bounds, and/or any
subdivision, or lot therein, recorded or unrecorded, which subdivision was in
existence prior to the passage of this Ordinance.
4.7 Replatting or Amending Plats
The replatting or amending plat of any existing subdivision, or any part thereof, shall meet
the requirements provided herein for a new subdivision. A certificate of correction may not
be used to change or amend any plat.
4.8 Avigation Release
The Commission may require the execution of an avigation easement and/or release as a
condition precedent to approval of a subdivision plat or building permit.
4.9 Acceptance & Maintenance of Streets (Ord. No. 07-022)
Final approval of a plat shall not be deemed an acceptance of the proposed dedication and
shall not impose any duty upon the Town concerning the maintenance or improvement of
any dedicated parts until the proper authorities of the Town shall have made actual
appropriation of the same by entry, use, or improvement.
5.0 VARIANCES
It is the expressed intent of this Ordinance that all sections and parts shall be complied with
except ONLY when the provisions of this Section are applicable. It is further the intent of
this Ordinance that the granting of a variance shall not be a substitute for the amending of
this Ordinance. No waiver of requirements is to be permitted unless specifically written in
this Ordinance or its amendments. The Commission may recommend to the Town Council
that a variance from these regulations be granted when, in its opinion, undue hardship,
which is not self-imposed, will result from requiring strict compliance. In considering,
recommending and granting a variance, either the Commission or the Town Council shall
prescribe such conditions that it deems necessary or both bodies shall take into account, at
least, the nature of the proposed use of the land involved, existing uses of land in the
vicinity, the number of persons who will reside or work in the proposed subdivision, and the
probable effect of such variance upon traffic conditions and upon the public health, safety,
convenience and welfare in the vicinity.
5.1 No variance shall be granted unless the Commission finds and recommends, and the Town
Council concurs:
5.1.1 That there are special circumstances or conditions affecting the land involved such
that the strict application of the provisions of this Ordinance would deprive the
applicant of the reasonable use of his land; and
5.1.2 That the variance is necessary for the preservation and enjoyment of a substantial
property right of the applicant; and
5.1.3 That the granting of the variance will not be detrimental to the public health, safety
or welfare, or injuries to other property in the area; and
5.1.4 That the granting of the variance will not have the effect of preventing the orderly
subdivision of other land in the areas in accordance with the provisions of this
Ordinance.
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Subdivision Ordinance - Town of Prosper, TX
Such findings of the Commission and Town Council, together with the specific facts upon
which such findings are based, shall be incorporated into the official minutes of the meetings
at which such variance is recommended and granted. Variances may be granted only when
in harmony with the general purpose and intent of this Ordinance so that the public health,
safety and welfare may be secured and substantial justice served.
6.0 PRELIMINARY CONFERENCE
Prior to the official filing of a Preliminary Plat, the Subdivider should consult with and present
a proposed plan of subdivision to the Town staff for comments and advice on the
procedures, specifications, and standards required by the Town for the subdivision of land.
7.0 PRELIMINARY PLAT AND ACCOMPANYING DATA
7.1 General
The Subdivider shall cause to be prepared a Preliminary Plat by a surveyor or engineer in
accordance with this Ordinance.
7.2 Time for Filing and Copies Required
The Subdivider shall file twelve (12) blue or black line copies of the plat together with the
original with the Commission at least thirty (30) days prior to the date at which formal
application for the Preliminary Plat approval is made to the Commission.
7.3 Filing Fees
Filing fees shall be as set forth in Town Ordinance No. 02-33, as it exists or may be
amended, establishing a comprehensive fee schedule. No action by the Commission shall
be valid until filing fee has been paid. This fee shall not be refunded should the Subdivider
fail to make formal application for Preliminary Plat approval or should the plat be
disapproved.
7.4 Formal Application
Formal application for Preliminary Plat approval shall be made by the Subdivider in writing
to the Town staff.
7.5 Form and Content of Application
The plat shall be drawn on sheets 24 inches wide and 36 inches long, and shall be drawn to
a scale of 100 feet to one (1) inch. When more than one sheet is necessary to
accommodate the entire area, an index sheet showing the entire subdivision at an
appropriate scale shall be attached to the plat. A Phasing Plan shall be attached to the plat.
The plat shall show the following:
7.5.1 Names and addresses of the Subdivider, record owner, engineer and/or surveyor.
7.5.2 Proposed name of the subdivision, which shall not have the same spelling as or be
pronounced similarly to the name of any other subdivision located within the Town
or within two miles of the Town.
7.5.3 Names of abutting subdivisions and the owners of abutting parcels of unsubdivided
land, whether or not abutting properties are platted and the listing of surrounding
land uses.
7.5.4 Description, by metes and bounds, of the subdivisions.
7.5.5 Primary control points or descriptions, and ties to such control points to which all
dimensions, angles, bearings, block numbers and similar data shall be referred.
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7.5.6 Subdivision boundary lines, indicated by heavy lines, and the computed acreage of
the subdivision.
7.5.7 Existing sites as follows:
7.5.7.1 The exact location, dimensions, name and description of all existing or
recorded streets, alleys, reservations, easements or other public rights-of-
way within the subdivision, intersection or abutting with its boundaries or
forming such boundaries.
7.5.7.2 The exact location, dimensions, description and name of all existing or
recorded residential lots, parks, public areas, permanent structures and
other sites within or abutting with the new subdivision.
7.5.7.3 The exact location, dimensions, description, and flow line of existing water
courses and drainage structures within the subdivision or on abutting tracts.
7.5.7.4 Regulatory flood elevations and boundaries of flood prone areas, including
floodways, if known.
7.5.7.5 Approximate location of natural features, vegetation, water bodies and
drainage ways.
7.5.8 The exact location, dimensions, description and name of all proposed streets, alleys,
parks, other public areas, dedications, easements or other rights-of-way, blocks, lots
and other sites within the subdivision.
7.5.9 A preliminary plan for water utilities, which may include onsite sewage disposal
systems, or a central sewer system, including disposal sites for lands subject to
flooding or sanitary sewers with grade, pipe size, and points of discharge.
7.5.10 A preliminary plan of the drainage system with grade, pipe size, and location of
outlet.
7.5.11 A preliminary plan for proposed fills or other structure-elevation techniques, levees,
channel modifications, and other methods to overcome flood or erosion-related
hazards.
7.5.12 Date of preparation, scale of plat and north arrow.
7.5.13 Topographical information at two foot contours.
7.5.14 A number or letter to identify each lot or site and each block.
7.5.15 Front building setback lines on all lots and sites; side yard building setback lines at
street intersections and crosswalk ways.
7.5.16 Location of Town limits line, the outer border of the Town’s extraterritorial
jurisdiction, and zoning district boundaries, if they traverse the subdivision, form part
of the boundary of the subdivision, or are abutting to such boundary. This shall
include the identity of a county line or school district line on the subject property.
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7.5.17 Vicinity sketch or map at a scale of not more than 500 feet to an inch which shall
show existing subdivisions, streets, easements, rights-of-way, parks and public
facilities in the vicinity, the general drainage plan and ultimate destination of water,
and possible storm sewer, water, gas, electric and sanitary sewer connections by
arrows.
7.6 Processing and Preliminary Plat
7.6.1 The Town staff shall check the Preliminary Plat as to its conformity with the master
plan, major street plan, land use plan, transportation plan, zoning districts and the
standards and specifications set forth herein or referred to herein, or other
applicable policies and regulations.
7.6.2 Pertinent copies of the Preliminary Plat data shall be submitted to the Town
Engineer, and he/she shall check the same for conformity with the standards and
specifications contained or referred to herein. These reviews will be performed at
the Developer’s expense.
7.6.3 The Town Engineer and Town staff shall return the Preliminary Plat data to the
Commission with suggestions as to modifications, additions or alterations of such
plat data.
7.6.4 Within thirty (30) days after the Preliminary Plat is formally filed, the Commission
shall conditionally accept or reject such plat or conditionally accept it with
modifications.
7.6.5 Conditional acceptance of a Preliminary Plat by the Commission shall be deemed
an expression of acceptance of the layout submitted on the Preliminary Plat as a
guide to the installation of streets, water, sewer and other required improvements
and utilities and to the preparation of the Final Plat. Conditional acceptance of a
Preliminary Plat shall not constitute nor require acceptance of the Final Plat.
7.6.6 Conditional acceptance of a Preliminary Plat shall be effective for two years unless
reviewed by the Commission in the light of new or significant information which
would necessitate a revision of the Preliminary Plat. If the Commission should
deem changes in a Preliminary Plat to be necessary, it shall so inform the
Subdivider in writing.
7.6.7 If no development has occurred, any Preliminary Plat accepted by the Commission
shall expire and become null and void two (2) years following the conditional
acceptance, unless an extension of time is applied for prior to expiration and granted
by the Commission. The Commission may, upon the application of the Subdivider,
extend the conditional acceptance of the Preliminary Plat up to six (6) months.
8. FINAL PLAT
8.1 Form and Content of Application
8.1.1 The Final Plat and accompanying data shall conform to the Preliminary Plat as
conditionally approved by the Commission, incorporating any and all changes,
modifications, alterations, corrections and conditions imposed by the Commission.
If significant changes have been made, a new Preliminary Plat shall be submitted.
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Subdivision Ordinance - Town of Prosper, TX
8.1.2 The Final Plat shall be in digital format accompanied by a hard copy plotted on
standard bond. Where more than one sheet is necessary to accommodate the
entire area, an index sheet showing the entire subdivision at an appropriate scale
shall be attached to the plat. Two additional mylars shall be submitted on sheets to
specifically meet the requirements of Collin and/or Denton County for Final Plat
recording.
8.1.3 The Final Plat shall be submitted in such number as is required by the Commission,
and shall contain all of the features required for Preliminary Plats in Section 7
above, and it shall be accompanied by site improvement data bearing the seal of an
engineer and detailed cost estimates.
8.1.4 The Final Plat and the accompanying site improvement data and detailed cost
estimates shall be approved by the Town Engineer.
8.1.5 In addition to the various requirements for the Preliminary Plat, the Final Plat shall
also include the following:
8.1.5.1 The exact location, dimensions, name and description of all existing or
recorded streets, alleys, reservations, easements, or other public rights-of-
way within the subdivision, intersection or abutting with its boundary or
forming such boundary, with accurate dimensions, bearing or deflecting
angles and radii, area, and central angle, degree of curvature, tangent
distance and length of all curve where appropriate.
8.1.5.2 The exact location, dimensions, description and name of all proposed
streets, alleys, drainage structures, parks, other public areas, reservations,
easements or other rights-of-way, blocks, lots, and other sites within the
subdivision with accurate dimensions, bearing or deflecting angles with radii,
area, and central angles, degree of curvature, tangent distance and length of
all curves where appropriate.
8.1.5.3 A Landscape Plan and a Lighting Plan.
8.1.6 When filed, the Final Plat shall be accompanied by the following site improvement
data, and all plans and engineering calculations shall bear the seal and signature of
an engineer.
8.1.6.1 Streets, Alleys, Sidewalks, Crosswalk Ways & Monuments.
8.1.6.1a Five copies of plans and profiles of all streets, alleys, sidewalks, crosswalk
ways, and monuments.
8.1.6.2 Sanitary Sewers
8.1.6.2a Five copies of the proposed plat, showing two foot contours and the
proposed location and dimensions of existing sanitary sewer lines.
8.1.6.2b Five copies of plans and profiles of proposed sanitary, sewer lines,
indicating depths and grades of lines.
8.1.6.2c When a separate sewer system or treatment plant is proposed, five copies
of proposed plans and specifications with proof of submittal to TEQC.
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Subdivision Ordinance - Town of Prosper, TX
8.1.6.3 Water Lines
8.1.6.3a Five copies of the proposed plat showing two foot contours and the
location and size of existing water lines and fire hydrants.
8.1.6.3b Five copies of plans and profiles of all proposed water lines and fire
hydrants, showing depths and grades of the lines.
8.1.6.3c When a separate water system is planned, or when connection is
proposed to a water system other than to the Town water system, five
copies of the plans, including fire hydrants, of the proposed system.
8.1.6.4 Storm Drainage
8.1.6.4a Five copies of the proposed plat, indicating two foot contours. All street
widths and grades shall be indicated on the plat, and runoff figures shall be
indicated on the outlet and inlet side of all drainage ditches and storm
sewers, and at all points in the street at changes of grade or where the
water enters another street or storm sewer or drainage ditch. Drainage
easements shall be indicated on the plat.
8.1.6.4b A general location map of the subdivision showing the entire watershed.
8.1.6.4c Calculations showing the anticipated storm water flow, including water
shed area, percent runoff, and time of concentration. When a drainage
ditch or storm sewer is proposed, calculations shall be submitted showing
basis for design.
8.1.6.4d When a drainage channel or storm sewer is proposed, complete plans,
profiles, and specifications shall be submitted, showing complete
construction details.
8.1.6.4e When conditions upstream or downstream from a proposed channel or
storm sewer do not permit maximum design flow, high water marks based
on a one hundred year frequency, shall be indicated based on existing
conditions.
8.1.7 The Final Plat shall also include the following:
8.1.7.1 Owner’s acknowledgment of the dedication to public use of all Public
Improvements, including streets, alleys, parks, and other public places
shown on such Final Plat;
8.1.7.2 The certification of the Commission that the Final Plat conforms to all
requirements of the subdivision regulations of the Town of Prosper;
8.1.7.3 A statement from the Commission that the Final Plat has been approved by
such Commission.
8.1.7.4 The certification of the surveyor responsible for surveying the subdivision
area, attesting to its accuracy;
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Subdivision Ordinance - Town of Prosper, TX
8.1.7.5 A certification by the surveyor responsible for the preparation of the Final
Plat and the engineer for supporting data, attesting to its accuracy.
8.2 Processing of Final Plat (Ord. No. 07-022)
8.2.1 As soon as practical after the Subdivider is notified of the acceptance of the
Preliminary Plat, his engineer shall submit to the Commission application for the
Final Plat of the subdivision or portion thereof.
8.2.2 No Final Plat will be considered unless a Preliminary Plat has been submitted.
However, if an accepted plat has been duly recorded and the Subdivider wishes to
increase the size of the lots by combining two or more lots or by combining one lot
with a portion of the adjacent lot in such manner that no portion of a lot remains
smaller than the original lots, no Preliminary Plat will be necessary.
8.2.3 When the Final Plat is submitted to the Town for acceptance, it shall be
accompanied by the fees set forth in Town Ordinance No. 02-33, as it exists or may
be amended, establishing a comprehensive fee schedule, and the following:
8.2.3.1 A construction fee equal to 3.0% of the cost of the construction (as
determined by the Town Engineer) including water, sewer, paving and
drainage facilities shall be paid to the Town prior to the construction of any
facilities.
8.2.3.2 Proof that all outstanding review fees have been paid.
8.2.3.3 All materials listed in the Town’s Annexation, Zoning, and Development
Manual, including but not limited to copies of recorded plans, maintenance
bond, affidavit of construction costs, and escrows for required
improvements.
8.2.4 Within thirty (30) days after the Final Plat is formally filed, the Commission and Town
Council shall accept or reject such plat.
8.2.5 After the Final Plat has been accepted and the Subdivider has constructed all the
required improvements and such improvements have been accepted, and a
maintenance bond filed as hereinafter provides, or after the Final Plat has been
accepted and the Subdivider has filed the security and maintenance bond
hereinafter provided, the Subdivider shall cause the Final Plat to be recorded with
the County Clerk or clerks in the county or counties in which the subdivision lies.
9.0 GUARANTEE OF PERFORMANCE
9.1 Construction Prior to Final Plat Acceptance (Ord. No. 07-022)
If under Section 8 of this Ordinance the Subdivider chooses to construct the required
improvements prior to recordation of the Final Plat, all such construction shall be inspected
while in progress by the appropriate Town department(s), and must be approved upon
completion by the Town.
9.2 Construction After Final Plat Acceptance (Ord. No. 07-022)
If pursuant to this Ordinance the Subdivider chooses to file security and maintenance bond
in lieu of completing construction prior to Final Plat approval, he may utilize either of the
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Subdivision Ordinance - Town of Prosper, TX
following methods of posting security. If the Subdivider chooses to file security, the plat
shall not be approved unless the Subdivider has done one of the following:
9.2.1 Has filed with the Town a bond executed by a surety company holding a license to
do business in the State of Texas, and acceptable to the Town, in an amount equal
to the cost of the improvements required by this Ordinance as estimated by the
Town Engineer, conditioned that the Subdivider will complete such improvement
within two years after approval of such plat, such bond to be approved as to form
and legality by the Town Attorney; or
9.2.2 Has placed on deposit in a bank or trust company selected by the Subdivider and
approved by the Commission, in a trust account a sum of money equal to the
estimated cost of all site improvements required by this Ordinance. The estimated
cost of such improvement shall be the cost as estimated by the Town Engineer.
Selection of the trustee shall be subject to approval by the Commission, and the
trust agreement shall be approved as to form and legality by the Town Attorney.
9.3 Maintenance Bond (Ord. No. 07-022)
Each request for final acceptance shall be accompanied by a bond executed by a surety
company holding a license to do business in the State of Texas, and acceptable to the
Commission, in an amount equal to ten percent (10%) of the cost of the public
improvements required as approved by the Town, conditioned that the Subdivider will
maintain such improvements in good condition for a period of two (2) years after final
acceptance of the completed construction by the Town, as provided in Section 9.4 of this
Section. Such bond shall be approved as to form and legality by the Town Attorney.
9.4 Construction Acceptance (Ord. No. 07-022)
The appropriate Town department(s) shall observe the construction of the improvements
while in progress, shall inspect such improvements upon completion of construction. After
final inspection, the Town shall notify the Subdivider in writing as to his acceptance or
rejection of the construction. The Town shall reject such construction only if it fails to
comply with the standards and specifications contained herein or otherwise existing. If the
Town rejects such construction, the Town Attorney shall, on direction of the Town, proceed
to enforce the guarantees provided in this Ordinance. If the Town accepts the construction,
the final acceptance certificate stating that the requirement standards for the Town of
Prosper have been met and that the public improvements and dedications have been
approved, shall be given to the Subdivider.
9.5 Extension
Where good cause exists, the Commission may extend the period of time for completion
under this Section 9 for an additional period of time not to exceed one year if the Subdivider
has not completed the required site improvements or completed such improvements in
compliance with this Ordinance.
No such extension shall be granted unless security as provided in this Section 9 has been
provided by the Subdivider covering the extended period of time.
10.0 GENERAL REQUIREMENTS AND DESIGN STANDARDS
10.1 Relations To Land Use
No Preliminary or Final Plat shall be approved by the Commission or ratified subsequently
by the Town Council and no completed improvements shall be accepted by the Town unless
they conform to the following standards and specifications:
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Subdivision Ordinance - Town of Prosper, TX
10.1.1 Conformity with Comprehensive Plan
The subdivision shall be consistent with the adopted Comprehensive Plan and all
applicable zoning regulations of the Town of Prosper and the parts thereof as
amended from time to time. No subdivision design shall be approved that requires a
change in zoning until a rezoning application that would allow such alteration is
approved.
10.1.2 Re-Subdivisions
For any re-subdivision which requires a zoning change, the zoning change must be
approved before the re-subdivision is considered.
10.1.3 Prohibition of Reserve Strips
No subdivision or addition showing reserve strips of landing controlling the access to
public ways or adjoining properties will be approved either in whole or in part.
10.1.4 Observation of Construction Work
All construction work, such as street grading, street paving, storm sewers, curb
and/or gutter, sanitary sewers or water mains performed by the owner, Developer,
or contractor, shall be subject to observation during construction by the proper
authorities of the Town and shall be constructed in accordance with the
specifications approved by the Town Council and in accordance with the provisions
of “Standard Specifications For Public Works Construction” prepared by the North
Central Texas Council of Governments, which is on file in the Town Hall.
10.1.5 Town Standard Construction Details for Subdivisions
All subdivision construction shall comply with the latest edition of the International
Residential Code for one and two dwelling residences and for Multi-Family the latest
edition of the Uniform Building Code adopted by the Town Council.
After the proper Town authorities determine that completed improvements conform
to the foregoing standards and specifications, said determination shall be submitted
to the Town Council for review. The Town Council shall pass a resolution either
accepting or rejecting said improvements. The Town Council may accept or reject
any portion of all of said improvements and may impose any reasonable
requirements or conditions in acceptance part or all of said improvements.
10.1.6 Conformance with Engineering Design Standards Ordinance (Ord. No. 06-34)
All street, water utility, and sanitary sewer utility construction shall be subject to and
comply with the regulations contained within Engineering Design Standards
Ordinance No. 06-27, as it exists or may be amended. In the event that the
regulations contained within Ordinance No. 06-27 conflict with the regulations
contained within this Ordinance, the regulations of Ordinance No. 06-27 shall
prevail.
10.2 Streets
10.2.1 Street Layout
Adequate public streets shall be provided by the Subdivider and the arrangement,
character, extent, width, grade, and location of each shall conform to the
Comprehensive Plan and the Thoroughfare Plan of the Town. Streets shall be
considered in their relation to existing and planned streets, to topographical
conditions, to public safety and convenience, and in their appropriate relationship to
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Subdivision Ordinance - Town of Prosper, TX
the proposed uses of land to be served by such streets. The street layout shall be
devised for the most advantageous development of the entire neighborhood and
shall be designed so as to discourage high-speed or through traffic.
10.2.2 Relation to Adjoining Street System
Where necessary to the neighborhood pattern, existing streets in adjoining areas
shall be continued, and shall be at least as wide as such existing streets and in
alignment therewith.
10.2.3 Projection of Streets
Where adjoining areas are not subdivided the arrangement of streets in the
subdivision shall make provision for the proper projection or streets into such
unsubdivided areas.
10.2.4 Street Jogs
Whenever possible, street jogs with center line offsets of less than 180 feet will not
be approved.
10.2.5 Horizontal Alignment
10.2.5.1 Curvilinear streets shall be allowed and shall meet the following
standards:
Operating Speed of Street Minimum Curve Radius
20 MPH or less 200 feet
30 MPH 375 feet
35 MPH 550 feet
40 MPH 725 feet
50 MPH or more 1190 feet
10.2.5.2 The Town Council may approve local residential streets with a smaller
radii than required above in special circumstances (consistent with the
use of the street). In the case of such an approval the Developer shall
pay the additional cost of installing water and sewer lines caused by
smaller radii.
10.2.6 Vertical Alignment
Profile grades of streets and alleys shall be connected by vertical curves of a
minimum length expressed as a multiple of the algebraic difference between the
rates of grades, expressed in feet per hundred feet and the values shown as
follows:
Multiple of Design Speed
Algebraic difference 20 25 30 40 50 60
Crest vertical curve 10 15 28 50 80 150
Sag vertical curve 15 20 35 50 70 100
10.2.7 Half Streets or Adjacent Streets
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In the case of collector, minor, or marginal access streets, no new half-streets
shall be platted.
10.2.8 Street Intersections
Street intersections shall be as nearly at right angles as practicable, giving due
regard to terrain and topography.
10.2.9 Dead-End Streets
Dead-end streets shall be prohibited except as short stubs to permit future
expansion.
10.2.10 Cul-De-Sacs
In general, cul-de-sacs shall not exceed 600 feet in length, and shall have a
turnaround of not less than 80 feet in diameter and 100 feet ROW in residential
areas, and a turnaround of not less than 100 feet in diameter and 120 feet ROW in
commercial and industrial areas. (Ord. No. 07-032)
10.2.11 Marginal Access Streets
Where a subdivision has frontage on an arterial street, there shall be provided a
marginal access street on both sides or on the subdivision side of the arterial
street, if the arterial street borders the subdivision, unless the adjacent lots back
up the arterial street, or unless the Commission determines that such marginal
access streets are not desirable under the facts of a particular case for adequate
protection of the lots and separation of through and local traffic. These streets
shall not be alleys.
10.2.12 Streets on Comprehensive Plan
Where a subdivision embraces a street as shown on the Comprehensive Plan of
the Town or Thoroughfare Plan of the County, such street shall be platted in the
location and of the width indicated by the Comprehensive Plan or Thoroughfare
Plan.
10.2.13 Minor Streets
Minor streets shall be laid out so as to discourage their use by through traffic.
10.2.14 Pavement Widths and Rights-Of-Way
10.2.14.1 Arterial streets shall have right-of-way width of at least 80 feet, with a
pavement width of at least 48 feet.
10.2.14.2 Collector streets shall have a right-of-way of at least 60 feet and a
pavement width of at least 37 feet.
10.2.14.3 Minor streets shall have a right-of-way of at least 50 feet and a
pavement width of at least 31 feet.
10.2.14.4 Major thoroughfares shall have a right-of-way of at least 160 feet and a
pavement width of at least 60 feet.
10.2.14.5 Residential and non-residential marginal access streets shall have a
right-of-way width of at least 50 feet and pavement width of at least 31
feet. Estate lots shall have a right-of-way width of at least 60 feet with
31 feet pavement and bar-ditch type drainage.
10.2.15 Typical Street Section(s) - See Exhibits on the following pages.
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EXHIBIT A
1. 6 inch Mountable Integral Curb
2. 3500 psi concrete at 28 days
3. 6 inch thick reinforced concrete pavement laid on a 6 lime (7%) stabilized
subbase. Cement content of not less than 5 sacks per cubic yard
4. No. 3 Bars on 24inch centers. Both ways.
RESIDENTIAL SUBDIVISION
(LESS THAN 0.5 ACRE LOTS)
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EXHIBIT B
1. 3500 psi concrete @ 28 days
2. No. 3 Bars on 24 inch centers. Both Ways
3. 6 inch thick reinforced concrete pavement laid on a 6 inch lime (7%) stabilized
subbase. Cement content of not less than 5 sacks per cubic yard.
4. In areas where the street paving does not have curb sections, and bar ditch
drainage will exist, the right-of-way shall be 60 feet in width.
ESTATE SUBDIVISION
(BETWEEN 0.5 - 1.0 ACRES/LOTS)
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EXHIBIT C
1. The surface course shall be constructed of either of the following options:
(1) Two course asphalt treatment, 31 feet wide.
(b) Two (2) inches of hot mix asphaltic concrete 31 feet wide.
2. The base shall be constructed from one of the following options:
(2) Ten (10) inches native Collin and Denton County white rock compacted
to 95% Standard Proctor density.
(b) Eight (8) inches native Collin and Denton County white rock with
2% hydrated lime compacted to 95% Standard Proctor density.
(c) Six (6) inches of flexible base (SDHPT specifications)
compacted to 95% Standard Proctor density.
3. 7% lime stabilized subgrade of a pi less than 15.
4. Compacted 95% Modified Proctor density
ESTATE SUBDIVISION
(BETWEEN 1.0 - 100 ACRES/LOTS)
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Subdivision Ordinance - Town of Prosper, TX
10.2.16 Street Grades
10.2.16.1 Local streets may have a maximum grade to meet ADA compliance.
10.2.16.2 All streets must have a minimum grade of at least five-tenths of one
(0.5) percent.
10.2.16.3 Centerline grade changes with an algebraic difference of more than
tow (2) percent shall be connected with vertical curves of sufficient
length to provide a minimum of six hundred (600) feet sight distance
on major streets; four hundred (400) feet sight distance on minor
streets and local residential streets.
10.2.16.4 Vertical curve shall be required to fit engineering standards.
10.2.16.5 Wherever a cross slope is necessary or desirable from one curb to the
opposite curb, such cross slopes shall be ADA compliant.
10.2.17 Street Construction
10.2.17.1 Pavement and Right-of-Way Width
All streets shall be paved with reinforced concrete paving with
mountable integral curb and gutter, and shall conform in width and
section to the thoroughfare plan of the Town. Right-of-way width shall
be measured between front lot lines and pavement width shall be
measured from back of curb. Except as provided hereinafter, no street
right-of-way shall be less than fifty (50) feet and no street pavement
shall be less than thirty-one (31) feet.
10.2.17.2 Additional R-O-W Requirements
Additional right-of-way shall be defined as right-of-way greater than
that required by this Ordinance, as it currently exists or may be
amended. Additional right-of-way shall be provided as follows and
shall be shown on the plat as “right-of-way dedicated for landscaping
and screening purposes only” to exclude franchise utilities from this
area.
10.2.17.2a An average of ten feet (10') of additional right-of-way shall
be dedicated for lots that back or side to a street with a
right-of-way width greater than eighty feet (80').
10.2.17.2b An average of fifteen feet (15') of additional right-of-way
shall be dedicated for lots backing to a street with a right-
of-way width of sixty feet (60') to eighty feet (80').
10.2.17.3 Residential Estate Subdivision
For estate subdivision as herein defined, the Town Council may allow
variance to these regulations to provide for a lesser pavement and
right-of-way width, and for the elimination of the requirement for curb
and gutter as long as emergency access is achievable.
10.2.17.4 Laboratory and Field Testing
The Town shall approve the services of a reputable commercial testing
laboratory or will perform the necessary tests on subgrade soils and
flexible base material to verify that specifications are being met. These
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laboratory tests will be made at the Developer’s expense and may
include the following:
10.2.17.4a Proctor Density Curves to establish the optimum density
moisture relationship for the subgrade soil and the
proposed flexible base material.
10.2.17.4b Gradation and soil constants (Atterberg Limits) tests to
determine the suitability of the proposed flexible base
material.
10.2.17.4c Tests during the construction phase to determine if
subgrade and flexible base material have been placed as
specified.
10.2.17.4d The proper tests to determine if the asphaltic concrete
surfacing meets the requirements of the specifications.
10.2.18 Driveway Cuts
Driveway cuts or entrances to single-family or two-family uses shall not be allowed
along thoroughfares, unless a siding street, or an alley with natural screening
device, is provided outside the pavement of the thoroughfare. Driveway cuts shall
be located so as to provide a spacing between curb radius return of at least five
(5) feet for a single-family and two-family uses and at least twenty (20) feet for all
other uses.
10.2.19 Street Openings to Adjoining Properties
Subdivision plat design shall provide for a reasonable number and locations of
street openings to adjoining properties. Such an opening shall occur at least
every nine hundred (900) feet or in alignment with abutting subdivision streets
along each boundary of the subdivisions. In areas where drainage, railroads,
highways, etc. exist, this 900 feet spacing may be waived, upon recommendation
by the Town Engineer and approval by Town Council.
10.2.20 Boundary Streets
Where a plat is presented for approval which adjoins unplatted property, the owner
and/or Developer of the proposed subdivision shall provide his pro rata part of the
boundary streets, curbs, gutter and storm drainage.
10.2.21 Pavement widths and rights-of-way of streets forming part of the subdivision
(adjacent) shall be as follows:
10.2.21.1 The Subdivider shall dedicate a right-of-way of 50 feet in width for new
adjacent arterial streets, and 31 feet of such right-of-way shall be
paved.
10.2.21.2 New adjacent collector, minor or marginal access streets shall conform
to this Ordinance.
10.2.21.3 Where the proposed subdivision abuts upon an existing street or half-
street that does not conform to this Ordinance, the Subdivider shall
dedicate right-of-way sufficient to make the full right-of-way width
conforming, and there shall be paved so much of such right-of-way as
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to make the full pavement width comply. Before any pavement is laid
to widen existing pavement, the existing pavement shall be cut back
tow feet to assure an adequate sub-base and pavement joint.
10.2.22 Curbs
Curbs shall be installed by the Subdivider on both sides of all interior streets, and
on the subdivision side of all streets forming part of the boundary of the
subdivision.
10.2.23 Street Names
Names of new streets shall not duplicate, sound similar, or cause confusion with
the names of existing streets, unless the new streets are a continuation of or in
alignment with existing streets, in which case names of existing streets shall be
used.
10.2.24 Street Lights
A Lighting Plan shall be submitted reflecting lighting in accordance with Town
character.
10.2.24.1 The following standards shall apply to all Major and Minor Arterials:
10.2.24.1a Streetlights shall be placed in the medians, with spacing
not to exceed three hundred (300) feet and no closer
than one hundred fifty (150) feet depending on median
breaks and intersections.
10.2.24.1b Luminaries shall be designed to function as Full Cutoff
Type of Luminary(s).
10.2.24.1c Die cast aluminum or extruded aluminum with
segmented internal reflector, 250-watt Metal Halide
single or double head with davit arm black in color or
approved equal by the Town Engineer shall be used.
10.2.24.1d Arterial lighting shall be installed prior to final acceptance
by the Town Administrator or his/her designee. When
partial arterials are constructed the Town Engineer may
escrow funds in lieu of installing required lighting. Where
arterials bisect property lines, each Developer is equally
responsible for the complete cost of fully developed
arterial lighting.
10.2.24.1e Poles are to be round tapered with a maximum height of
thirty (30) feet.
10.2.24.2 The following standards shall apply to all Commercial Collectors:
10.2.24.2a Lights shall be placed in the parkway between the curb
and the sidewalk, with spacing not to exceed three
hundred (300) feet and no closer than one hundred fifty
(150) feet.
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10.2.24.2b Luminaries shall be designed to function as Full Cutoff
Type of Luminary(s).
10.2.24.2c Die cast aluminum or extruded aluminum with segmented
internal reflector, 250-watt Metal Halide single head with
davit arm black in color or approved equal by the Town
Engineer shall be used.
10.2.24.2d Collector lighting shall be installed prior to final
acceptance by the Town Administrator or his/her
designee. Where collectors bisect property lines, each
Developer is equally responsible for the complete cost of
fully developed lighting.
10.2.24.2e Poles are to be round tapered with a maximum height of
twenty (20) feet.
10.2.24.3 The following standards shall apply to all Residential Streets:
10.2.24.3a Poles are to be round tapered, American style with
Barrington base, black in color, or another style if
approved by the Town Council. Maximum height not to
exceed twelve (12) feet for residential streets and
fourteen (14) feet for collectors.
10.2.24.3b Lamp wattages shall be 100 watts Metal Halide.
10.2.24.3c Luminaries shall be Acorn with refractive globes, metal
cap and finial.
10.2.24.3d The Developer may install additional banding and/or
medallions with prior written approval from the Town
Engineer. The cost for maintenance and/or replacement
of the banding and/or medallions shall be the
responsibility of the Developer or Homeowners
Association.
10.2.24.3e Residential lights shall be installed without multiple
luminaries.
10.2.24.3f Light locations shall typically be at intersections and at
mid-block if the block length is greater than six hundred
(600) feet. Cul-de-sacs, six hundred (600) feet, measured
from centerline of street to center point of cul-de-sac,
shall have a light installed at the street intersection and at
the beginning of the bulb. Other locations may be
required as deemed necessary by the Town Engineer.
Lights shall not be closer than one hundred fifty (150)
feet. (Ord. No. 07-032)
10.2.24.3g Subdivisions bounded by arterials shall have common
type of luminaries. Streetlights shall be installed prior to
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final acceptance by the Town Administrator or his/her
designee.
10.2.24.4 A Lighting Plan shall be required anytime lighting is proposed, or
modified. The lighting plan shall be submitted to the Town Engineer
for review. A certified engineer, architect, landscape architect, lighting
engineer or designer shall prepare the plan. The plan shall also
contain a certification by the Property Owner or agent and the preparer
of the plan that the street lighting depicted on the plan complies with
the requirements of this Ordinance. The submission shall contain but
shall not necessarily be limited to the following:
10.2.24.4a Plans indicating the location of the lighting, and the type
of illuminating devices, fixtures, lamps, supports,
reflectors, and other devices;
10.2.24.4b Description of the illuminating devices, fixtures, lamps,
supports, reflectors, and other devices and the
description may include, but is not limited to, catalog cuts
by manufacturers and drawings (including sections where
required) and height of the luminaries;
10.2.24.4c Photometric plan and data sheets, such as that furnished
by manufacturers, or similar to that furnished by
manufacturers, showing the angle of cut off or light
emissions;
10.2.24.4d Water and sewer locations along with any other existing
utilities lightly shaded on plans showing any possible
location conflicts with proposed lighting.
10.2.24.5 The following are exempt by this Ordinance:
10.2.24.5a Temporary lighting approved in writing by the Town
Engineer.
10.2.24.5b Where existing or phased subdivisions were under
construction prior to the effective date of this Ordinance,
the continued use of currently approved lighting will be
permitted. When divided by collector sized streets the
lighting standards contained in this Ordinance will be
required.
10.2.24.5c Lighting luminaries in existence on the effective date of
this Ordinance shall be exempt from these standards and
shall be considered legally non-conforming. Such
fixtures may be repaired, maintained and/or replaced.
10.2.24.5e The Town Engineer, or his/her designee, is hereby
empowered and directed to administer and enforce the
provisions of this Ordinance.
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10.2.24.6 The initial cost of installation, operation, and maintenance for the first
year shall be paid by the Developer to the Town. Maintenance and
operation after this period shall be provided by the Town, unless the
lights are on private streets.
10.2.25 Street Signs
Street signs shall be installed by the Subdivider at all intersections within or
abutting the subdivision. Such signs shall be of a type approved by the Town, and
shall be installed in accordance with standards of the Town.
10.3 Alleys
10.3.1 Width and Paving
Alleys of not less than twenty (20) feet in right-of-way width and pavement width
shall be installed by the Subdivider in all business and industrial areas. In
residential areas, alleys not less than fifty (15) feet in right-of-way width, with a
paved surface of not less than twelve (12) feet in width, shall be optional. All alley
paving shall be done in accordance with Town standards. Alleys shall be
approximately parallel to the frontage of the street.
10.3.2 Intersecting Alleys and Utility Easements
Where two alleys or utility easements intersect or turn at a right angle, a cutoff of
not less than ten (10) feet from the normal intersection of the property or
easement line shall be provided along each property or easement line.
10.3.3 Dead-End Alleys
Dead-end alleys shall not be permitted.
10.3.4 Over-Hang Easements
In all alleys, over-hang easements for electric and telephone lines of at least ten
(10) feet on each side of the alley strip at a height at or above eighteen (18) feet
shall be provided.
10.3.5 Alleys which do not connect on a straight course
If alleys are not themselves straight within each block, or if the same do not
connect on a straight course with the alleys of adjoining blocks, then an easement
shall be provided for the plating of guy wires on lot division lines in order to
support poles set on curving or deviating rights-of-way of alleys.
10.4 Utility Lines and Easements
10.4.1 All services for utilities shall be made available to each lot in such a manner so as
to eliminate the necessity of disturbing the street and alley pavement, curb, gutter,
sidewalks, and drainage structures when connections are made.
10.4.2 For electrical distribution lines with sixty thousand (60,000) volts or less, no new
above ground utility support structures (poles) may be installed. When existing
pole space is not available, all new electrical and communication utilities including
but not limited to, transformers, amplifiers, and switching devices shall be placed
underground or be pad mounted at ground level.
10.4.3 For all service connections from the right-of-way to the point of service for all non-
residential properties:
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10.4.3.1 Ground mounted equipment shall not be placed in visibility, access
and maintenance easements.
10.4.3.2 All ground-mounted equipment in the right-of-way shall be screened
from the adjacent street by minimum five (5) gallon shrubs on three (3)
foot centers. Planting materials selected shall be materials that can be
expected to grow to the height of the equipment height within two (2)
growing seasons from the date planted. The planting material must be
selected from the list of materials set forth in the Prosper’s Town
Ordinance No. 99-24, as it exists or may be amended. The proposed
planting shall be included on the landscape plan as approved by the
Town Administrator or his/her designee.
10.4.4 All support equipment (transformers, amplifiers, switching devices, etc.) necessary
for underground installations shall be pad mounted or placed underground.
10.4.5 The electric utility company shall be responsible for developing administrative
policies and cost reimbursement procedures for the installation and extension of
underground electric service. These policies shall permit the electric company to
recover the cost differential between extending and installing overhead and
underground service.
10.4.6 The Developer shall furnish all easements and right-of-way necessary for
construction of electric, gas, street lighting, telephone and cable television service
to the subdivision.
10.4.7 Overhead services will not be permitted to cross public right-of-ways.
10.4.8 All utility lines that pass under a street or alley shall be installed before the street
or alley is paved. When it is necessary that utility lines pass under the street or
alley pavement, they shall be installed to a point at least three feet beyond the
edge of the pavement.
10.5 Sidewalks
Sidewalks shall be located as follows:
10.5.1 On the subdivision side of all arterial streets adjacent to the subdivision and not
parallel by a marginal access street;
10.5.2 On the subdivision side of all collector streets adjacent to the subdivision if no
adequate sidewalk exists on the opposite side of the street;
10.5.3 On the residence side of all marginal access streets whether adjacent to the
subdivision or internal;
10.5.4 On both sides of all internal arterial streets not paralleled by a marginal access
street;
10.5.5 On the north or east side of all internal collector streets;
10.5.6 As deemed necessary by the Commission in commercial, industrial, public, multi-
family areas;
10.5.7 Such additional sidewalks as the Subdivider may desire; and
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10.5.8 Shall be constructed of 3000 psi concrete having a minimum width of five feet (5’)
along residential streets and collector streets and six feet (6’) along thoroughfares
and a minimum thickness of four inches (4”), with number 3 bars at 18 inch
centers, both ways. (Ord. No. 07-032)
10.6 Water Installation
10.6.1 All subdivisions shall be provided with an approved water system. In the
corporate limits of the Town of Prosper all subdivisions shall be connected to the
Town’s water distribution system.
10.6.2 Water lines shall be laid in streets and alleys, or, with approval of the Town
Engineer, may be laid in easements.
10.6.3 Where water lines are to be installed on private property, the Developer shall
secure the necessary easements in the name of the Town of Prosper.
10.6.4 Water mains shall be a minimum of 6” nominal internal diameter.
10.6.5 Water services for each lot shall be a minimum of ¾” type K copper. Each service
shall be provided with two in-line nylon ball cutoff valves contained inside the
meter box. The meter shall have 5/8” diameter yoke and shall be purchased from
the Town. Service to each lot shall have a maximum cover of 18 inches. Services
shall be 1” type K copper for houses with more than 2 baths, or with swimming
pools and/or yard sprinkler systems.
10.6.6 Valves shall be located such that the distance between valves is a maximum of
600 feet on 12” and smaller lines, on larger lines, spacing subject to approval of
Town Engineer. Valves shall be furnished with extensions, such that the working
nut is a maximum of 48” below grade.
10.6.7 All fire hydrants shall be painted by the Developer in accordance with the size of
the line constructed:
10.6.7.1 6 inch line – Red
10.6.7.2 8 inch line – Blue
10.6.7.3 12 inch line – Yellow
10.6.8 Reflective fire hydrant spotters shall be installed in all streets at a point adjacent to
fire hydrants.
10.6.9 Should the subdivision or addition abut and use a water main of the Town, the
Developer shall pay the Town’s impact fee charge as necessary.
10.6.10 When PVC pipe is used, 12 gauge single strand wire or tracer tape, blue in color,
shall be installed in the backfill material 24 inches above the top of the pipe in
accordance with the manufacturer’s recommendations.
10.6.11 Water lines shall be installed with a minimum cover over the top of the pipe of 42
inches.
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10.6.12 Water lines shall be pressure tested and disinfected in accordance with AWWA
C601.
10.6.13 PVC pipe shall have a 6” sand bedding, 6” of sand on each side, and 12” of sand
over top of pipe.
10.6.14 Engineering Design
The Engineering design shall conform to the latest criteria set forth in the AWWA
Standards, as published by the American Water Works Association.
10.6.15 Technical Specifications
The specification for materials and workmanship shall conform to the latest edition
of the “Standard Specifications for Public Works Construction” as published by
North Central Texas Council of Governments, or as may be specified on the
approved construction plans and specifications of the Town.
10.7 Water Sewers
10.7.1 All subdivisions shall be provided with an approved sewage disposal system and
where the subdivision is inside the Town limits of the Town of Prosper shall be
connected to the Town’s sanitary sewer system.
10.7.2 The Developer shall furnish and install the complete sewage system, including the
mains, manholes, cleanouts, Y-branches, service laterals for all lots, lift stations
and appurtenances.
10.7.3 Should the subdivision or addition abut and use a sewer main of the Town, the
Developer shall pay the Town’s impact fee charge as necessary.
10.7.4 Sewer pipe shall have a minimum internal diameter of 8 inches.
10.7.5 Should a lift station, either temporary or permanent, be necessary to provide
sanitary sewer service to the subdivision, the Developer shall construct the station
and all appurtenances, at his own expense. If and when the lift station is no
longer needed, the installation will, unless other provisions are made, remain the
property of the Town of Prosper for reuse or disposal.
10.7.6 Sewer service for each lot shall have a minimum, internal diameter of 4 inches.
Minimum cover at the property line shall be 4 feet. Need red tracer tape to
indicate location of sewer stub out.
10.7.7 Sewers shall be extended across the property being subdivided.
10.7.8 Offsite sewer utilities shall be constructed by Developers at no expense to the
Town.
10.7.9 Sewer lines may be constructed using the following materials or approve equal:
10.7.9.1 Ductile Iron.
10.7.9.2 Polyvinyl Chloride Pipe with integral bell.
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10.7.10 Pipe bedding specifications shall be subject to approval by the Town Engineer.
Six (6) inches of sand around PVC sewers with 12” sand over top of pipe.
10.7.11 Prior to acceptance, the sanitary shall be subjected to an air test and/or leakage
test.
10.7.12 All force mains, stream crossings, railroad crossings and road bores shall be
ductile iron pipe.
10.7.13 All railroad crossings and road bores shall be encased in a steel carrier pipe.
10.7.14 Manhole spacing shall not be greater than 500 feet.
10.7.15 Horizontal and vertical curves in sewer lines are not encouraged and are subject
to approval of the Town Engineer on a case-by-case basis.
10.7.16 The Town Engineer may require the Developer (Contractor) to provide a TV
examination of the sewer prior to acceptance if the sewer line is in question. Cost
to be borne by Contractor.
10.7.17 Engineering Design
The engineering design shall conform to the criteria set forth in “WPCF Manual of
Practice No. 9”, latest edition as published by the American Society of Civic
Engineers and the Water Pollution Control Federal and/or “Design Criteria for
Sewage Systems”, published by the Texas Department of Health and the Texas
Department of Water Resources. Exceptions are as noted below under “Technical
Specifications.”
10.7.18 Technical Specifications
The specification for materials and workmanship shall conform to the latest
addition of the “Standard Specifications or Public Works Construction,” published
by the North Central Texas Council of Governments, or as may be developed by
the Town and approved on the construction plans.
10.8 Monuments
10.8.1 Monuments shall be located at the intersection of a line three feet north from
parallel to the north line of each block with a line three feet from and parallel to the
east line of the block, unless such point of intersection occurs within the limits of
street paving. In such a case, alternate monument locations shall be approved by
the Town Engineer. The permanent control markers shall be set as required and
identified with standard coordinate points.
10.8.2 Where, due to topographic conditions, permanent structures, or other conditions,
the view is obstructed between any two adjacent monuments, intermediate
monuments shall be so set as to assure a clear view between adjacent
monuments.
10.9 Drainage
10.9.1 An adequate storm sewer system consisting of inlet, pipes and/or excavated
channels or natural creeks and other underground drainage structures with
approved outlets shall be constructed where runoff of storm water and the
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prevention of erosion cannot be accomplished satisfactorily by surface drainage
facilities. Areas subject to flood conditions as established by the Town will not be
considered for development until adequate drainage has been provided.
10.9.2 In general, underground drainage shall be constructed in streets and alleys. If
accepted by the Town Engineer, the Developer may provide at his own expense a
right-of-way easement of sufficient width to permit excavation and maintenance of
an open channel of satisfactory depth and width. The Developer shall complete all
necessary excavation on the channel and shall sod or seed the channel to prevent
erosion. Unless the excavated channel bottom is in Austin Chalk, Limestone, or
other similar acceptable rock, a reinforced concrete pilot channel or concrete
channel lining may be required by the Town to prevent erosion or for access
purposes. Location, type of construction of open channels shall be approved by
the Town Engineer.
10.9.3 Creeks shall be governed by Section 14 of this Ordinance. In the event of any
conflict between this Section 10.9 and Section 14, Section 14 shall control.
10.9.4 When a creek or excavated channel is to remain open, or in its natural condition, it
shall meet one of the following requirements:
10.9.4.1 Creeks or excavated channels with side slops of 4:1 or flatter from
bottom of channel to top of bank may be platted as part of individual
lots. Adequate access and floodway easements shall be provided to
insure protection of these areas for maintenance purposes.
10.9.4.2 Creeks or drainage ways with banks which have slopes steeper than
4:1 must be maintained by a maintenance entity other than individual
lot owners. In such cases, the creek or excavated channel shall meet
one of the following two requirements.
10.9.4.2a The area of the floodway shall be provided as a park or
floodway management area. Prior to acceptance of any
drainage way as a floodway management area by the
Town, the drainage way shall be cleared of all debris,
trash and all objectionable underbrush and weeds. All
provisions of Section 10.9.2 and Section 10.9.3 above
must be met.
10.9.4.2b Creeks or drainage ways in any areas which have private
maintenance provisions other than individual lot owners,
shall not be required as floodway management areas.
However, the requirements of Section 10.9.3 above shall
apply. The creeks or drainage ways in these areas shall
not be maintained by the Town. Adequate utility access
and floodway easements shall be provided to insure
protection of utility areas for maintenance purposes.
10.9.4.3 Lakes, detention ponds, and retention ponds may be constructed in all
areas provided they are approved by the Town Engineer. The Town
may assume maintenance responsibilities for this type of facility, if
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approved by the Town Council, however, easements shall be provided
to assure protection of these areas for maintenance purposes.
10.9.4.4 Other innovative drainage concepts will be considered if approved by
the Town Engineer.
10.9.4.5 Brick or Masonry Headwalls. Headwalls constructed in Public Road
right-of-way are shall have brick or stone facing. Safety grates shall be
provided on all storm sewers.
10.9.4.6 Storm sewers may be constructed across the front and sides of all
developments other than residential.
10.9.4.7 Engineering Design
The Engineering design for storm water facilities shall conform to the
criteria set by the Town Engineer.
10.9.4.8 Technical Specifications
The specification for materials and workmanship shall conform to the
latest edition of the “Standard Specifications for Public Works
Construction,” published by North Central Texas Council of
Governments, or as approved on the construction plans for the specific
project.
10.10 Blocks
Block lengths shall not exceed 1000 feet. A “T” intersection break on one side to provide
traffic outlet will conform to the 1000 feet break.
10.11 Crosswalk Ways
Crosswalk ways six feet in width shall be dedicated where deemed necessary by the
Commission to provide circulation or access to schools, playgrounds, shopping centers,
transportation and other community facilities, or to provide pedestrian circulation within the
subdivision. Crosswalk ways shall be provided with a concrete sidewalk six feet wide.
10.12 Lots
10.12.1 Lot area, width, setback lines, side yards, and rear yards requirements shall be as
required in the Town’s Zoning Ordinance.
10.12.2 Front
Each lot shall front upon a public street.
10.12.3 Side Lot Lines
Side lot lines shall be substantially at right angles to straight street lines and radial
to curved street lines.
10.12.4 Extra Depth and Width in Certain Cases
Where a lot in a residential area backs up to a railroad right-of-way, a high
pressure gasoline, oil and gas line, an arterial street, and industrial area, or other
land use which has a depreciating effect on the residential use of property, and
where no marginal access street or other street is provided at the rear of such lot,
additional depth may be required by the commission. In no case shall a
residential lot depth in excess of one hundred seventy-five (175) feet be required.
Where a residential lot sides to any of the above, additional width shall be required
by the Commission, but in no event shall a width in excess of one hundred (100)
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feet be required.
10.12.5 Traffic
Lots for residential use shall not be fronted on arterial streets, major thoroughfares
and expressways. Lot arrangement in case of non-residential uses are subject to
the review and approval of the Town Council so that traffic congestion and
movement problems are prevented whenever possible.
10.13 Thoroughfare Screening
10.13.1 Screening Requirements - Screening is required for all Single-Family, Two-Family,
and other residential lots and subdivisions as follows:
10.13.1a The rear of all lots that back to a street with right-of-way of sixty feet
(60') or greater;
10.13.1b The side of all lots that side to a street with right-of-way greater than
sixty feet (60'), unless a lot sides to a median divided entry street to a
subdivision;
10.13.1c Between any street and an adjoining parallel alley or street; and
10.13.1d The rear and/or side of all lots adjacent to a lot containing required
screening along the adjoining rear and/or side yard.
10.13.2 Lots are prohibited from backing to a street with a right-of-way of less than sixty
feet (60'). All required screening shall be installed in accordance with this
Ordinance, as it currently exists or may be amended.
10.13.3 Screening Plans - A conceptual screening detail shall be submitted for review and
approval with the Preliminary Plat. A screening plan, including entry features,
showing elevations and materials is recommended to be submitted with the Final
Plat and shall be submitted and approved prior to the filing of the Final Plat at the
county. Screening walls and fences shall be designed in accordance with the
Town's design standards. Structural elements shall be sealed by a licensed
professional engineer and approved by the Town. All required screening shall be
installed prior to Town issuance of Certificates of Occupancy for homes, excluding
model homes. The Developer may delay the installation of screening by providing
surety to guarantee the installation of the required screening. Surety shall be
defined as a bond, letter of credit, or letter of financial guarantee from a financial
institution. Required screening shall be installed within three (3) months from the
date of Town acceptance of public improvements. The Town Engineer may
increase the time to make the required screening installation, but the time shall not
exceed one (1) year from the date of Town acceptance of public improvements.
10.13.4 Landscape Plans - A landscape plan for landscaping required by this Ordinance,
as it currently exists or may be amended, is recommended to be submitted with
the Final Plat and shall be submitted and approved prior to the filing of the Final
Plat at the county. A landscape plan must be approved by the Town for all
proposed landscaping prior to planting. Landscape materials and installation shall
be in accordance with the Zoning Ordinance, as it currently exists or may be
amended, or other applicable ordinances. All required landscaping shall be
installed prior to Town issuance of Certificates of Occupancy for homes, excluding
model homes. The Developer may delay the installation of landscaping by
providing surety to guarantee the installation of the required landscaping. Surety
shall be defined as a bond, letter of credit, or letter of financial guarantee from a
financial institution. Required landscaping shall be installed within three (3)
months from the date of Town acceptance of public improvements. The Town
Engineer may increase the time to make the required screening installation, but
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the time shall not exceed one (1) year from the date of Town acceptance of public
improvements.
10.13.5 Any one or combination of the following may be used to screen thoroughfares:
10.13.5a Living Screen - This screening option shall be designed as follows:
(i) Additional R-O-W Requirements. Additional right-of-way shall be
defined as right-of-way greater than that required by this Ordinance, as
it currently exists or may be amended. Additional right-of-way shall be
provided as follows and shall be shown on the plat as “right-of-way
dedicated for landscaping and screening purposes only” to exclude
franchise utilities from this area.
(a) An average of ten feet (10') of additional right-of-way shall be
dedicated for lots that back or side to a street with a right-of-way width
greater than eighty feet (80'). [See Exhibits #1, #2, and #3 attached
hereto and incorporated herein for all purposes]
(b) An average of fifteen feet (15') of additional right-of-way shall
be dedicated for lots backing to a street with a right-of-way width of
sixty feet (60') to eighty feet (80'). [See Exhibits #1, #2, and #3
attached hereto and incorporated herein for all purposes]
(ii) Landscaping Requirements. Landscaping shall be provided as
follows:
(a) A solid screen of shrubs shall be planted within the additional
right-of-way dedicated for landscaping purposes. Shrubs shall be
spaced so as to provide a solid screen and to reach a minimum height
of six feet (6') within two (2) growing seasons.
(b) Trees shall be planted within the additional right-of-way
dedicated for landscaping. The total number of caliper inches of the
trees shall equal or exceed one (1) caliper inch per ten (10) linear feet
of frontage of the additional right-of-way. Minimum tree size shall be
three (3) caliper inches. A single species of tree shall not exceed forty-
five percent (45%) of the plantings. Trees shall be planted a minimum
of four feet (4') from easements as determined by the Town, curbs,
utility lines, screening walls, fences, sidewalks, and alleys.
(c) Berms may be used subject to approval by the Town
Engineer. The berms shall be placed outside of the required parkway,
not to exceed a 3:1 slope, and designed so as not to hinder
maintenance by the Town. Adequate information shall be provided on
the landscape plan to indicate drainage patterns.
(iii) Screening Wall and Fencing Requirements. Screening walls and
fencing shall be provided as follows:
(a) A continuous ornamental metal fence with a minimum height
of four feet (4') and a maximum height of eight feet (8'), as measured
from the nearest alley edge or sidewalk grade, shall be constructed in
accordance with Town design standards within the additional right-of-
way dedicated for landscaping purposes. The ornamental metal fence
shall be constructed of solid-stock materials and tubular steel with a
minimum of sixteen (16) gauge pickets and eleven (11) gauge posts.
(b) Where lots directly back or side to street right-of-way or
additional right-of-way for landscaping purposes, the screening shall
be a minimum of six feet (6') and a maximum of eight feet (8') in height
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as measured from the nearest alley edge or sidewalk grade, whichever
is higher. The maximum height of columns, including capstones, is
nine feet (9').
(c) A five-foot (5') wall maintenance easement shall be provided
on the plat for the residential lots adjacent to the screening wall.
(iv) Irrigation Requirements. Irrigation shall be provided as follows:
(a). Irrigation lines shall be placed a minimum of two and one-half
feet (2 ½') from the sidewalk. Reduction of this requirement is subject
to review and approval by the Town Engineer.
(b) Trees and shrubs shall be irrigated by bubblier irrigation lines
only. Other landscaping may be irrigated by spray irrigation. Separate
valves shall be provided to turn off the spray irrigation line during
periods of drought or water conservation.
(c) The main irrigation line, section lines and water valve for
irrigation shall be placed a minimum of thirteen feet (13') from the back
of the curb at major intersections to accommodate right turn lanes.
(d) The Developer is responsible for installing the water meter
and back flow equipment. The Town Engineer shall approve the water
meter size and placement. The water meter shall be accessible from
the street. Rain stat controllers shall be included on each sprinkler
system.
(v) Maintenance Requirements. The Developer shall provide financial
means to maintain required screening walls, fences, and landscaping.
One of the following maintenance alternatives shall be selected and
fulfilled by the Developer, but the selection is subject to staff approval:
(a) Establishment of a homeowners association to maintain
required screening walls, fences, and landscaping. The Developer
shall provide homeowners association documents to the Town to
demonstrate financial responsibility for future maintenance, repairs,
and replacement of the required improvements. Documents
establishing the homeowners association or Property Owners
association shall be submitted to the Town for review and may be
reviewed by the Town Attorney for conformance with this and other
applicable ordinances prior to final acceptance of the subdivision. The
documents shall include, among other information required by the
Town, descriptions of:
1. operating budgets based on operating assumptions;
2. reserve budget based on facilities to be maintained;
3. subsidies budget; and
4. liability insurance.
The homeowner association shall be responsible for maintaining,
repairing, or replacing screening walls, fences, and landscaping
required by this Ordinance, as it currently exists or may be amended.
The Developer shall remain responsible for the maintenance
requirements set forth herein, until the Developer ceases to control the
homeowner’s association.
(b) Subject to the discretion and approval of the Town Attorney
and Town Council, a Public Improvement District (PID) may also be
utilized to maintain landscaping improvements.
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10.13.5b Berming and Landscaping - This screening option shall be designed
as follows:
(i) Additional R-O-W Requirements. Additional right-of-way shall be
defined as right-of-way greater than that required by other provisions
of this Ordinance, as it currently exists or may be amended, or other
applicable ordinances. Additional right-of-way shall be provided as
follows and shall be shown on the plat as “right-of-way dedicated for
landscaping purposes only” to exclude franchise utilities from this area.
Twenty-five feet (25') of additional right-of-way shall be dedicated for
lots that back or side to a street with a right-of-way width of sixty feet
(60') or greater.
(ii) Landscaping Requirements. Landscaping shall be provided as
follows:
(a) A minimum of ten (10) shrubs per forty (40) linear feet shall
be planted within the additional right-of-way dedicated for landscaping
purposes. Shrubs shall be a minimum size of five (5) gallons. The
shrubs shall generally be placed between berms to provide additional
separation between the thoroughfare and the adjacent homes or
alleys.
(b) Trees shall be planted within the additional right-of-way
dedicated for landscaping. The total number of caliper inches of the
trees shall equal or exceed one (1) caliper inch per ten (10) linear feet
of frontage of the additional right-of-way. Minimum tree size shall be
three (3) caliper inches. A single species of tree shall not exceed forty-
five percent (45%) of the plantings. Trees shall be planted a minimum
of four feet (4') from easements as determined by the Town, curbs,
utility lines, screening walls, fences, sidewalks, and alleys.
(c) Berms with a 3:1 slope shall be constructed within the
additional right-of-way for landscaping and screening purposes.
Adequate information shall be provided on the landscape plan to
indicate drainage patterns.
(iii) Screening Wall and Fencing Requirements. No screening walls or
fences are required with this screening option.
(iv) Irrigation Requirements. Irrigation shall be provided as follows:
(a) Irrigation lines shall be placed a minimum of two and one-half
feet (2 ½') from the sidewalk. Reduction of this requirement is subject
to review and approval by the Town Engineer.
(b) Trees and shrubs shall be irrigated by bubblier irrigation lines
only. Other landscaping may be irrigated by spray irrigation. Separate
valves shall be provided to turn off the spray irrigation line during
periods of drought or water conservation.
(c) The main irrigation line, section lines and water valve for
irrigation shall be placed a minimum of thirteen feet (13') from the back
of the curb at major intersections to accommodate right turn lanes.
(d) The Developer is responsible for installing the water meter
and back flow equipment. The Town Engineer shall approve the water
meter size and placement. The water meter shall be accessible from
the street. Rain stat controllers shall be included on each sprinkler
system.
(v) Maintenance Requirements. The Developer shall provide financial
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Subdivision Ordinance - Town of Prosper, TX
means to maintain required screening walls, fences, and landscaping.
One of the following maintenance alternatives shall be selected and
fulfilled by the Developer, but the selection is subject to staff approval:
(a) Establishment of a homeowners association to maintain
required screening walls, fences, and landscaping. The Developer
shall provide homeowners association documents to the Town to
demonstrate financial responsibility for future maintenance, repairs,
and replacement of the required improvements. Documents
establishing the homeowners association or Property Owners
association shall be submitted to the Town for review and may be
reviewed by the Town Attorney for conformance with this and other
applicable ordinances prior to final acceptance of the subdivision. The
documents shall include, among other information required by the
Town, descriptions of: 1) operating budgets based on operating
assumptions; 2) reserve budget based on facilities to be maintained; 3)
subsidies budget; and 4) liability insurance. The homeowner
association shall be responsible for maintaining, repairing, or replacing
screening walls, fences, and landscaping required by this Ordinance,
as it currently exists or may be amended. The Developer shall remain
responsible for the maintenance requirements set forth herein, until the
Developer ceases to control the homeowner’s association.
10.13.6 Walls Between Houses
Walls between houses shall include a side yard gate for each house. Side yard
gates may be constructed of wood or steel and conform to the wood or steel fence
standards contained herein. Masonry materials shall match house materials of the
primary structure on that lot. Where two masonry materials come together
between houses and are of a differing brick (color, blend, size, and/ or texture), the
change between bricks shall be submitted to the Town Administrator for approval.
10.13.7 Location of Fences and Walls
All fences and walls must be set back six (6) feet from the front building line. No
fence or wall may be located in front of the front building plane closest to the yard
space in which the fence is located.
10.14 Provision of Amenities
For the purpose of this Section, an amenity shall be defined as an entry feature, walls,
private access gates and the associated structures, open space, recreational facilities,
parks, pond, water fountain, water feature, or other commonly owned facilities.
10.4.1 Where amenities are proposed as a part of or in conjunction with a subdivision or
addition, the following items must be provided to the Town and will require Town
review and approval prior to final acceptance of the subdivision improvements:
10.14.1.1 Plans and illustrations of the proposed amenities. It is required that a
conceptual plan for amenities be submitted for review and approval
with the Preliminary Plat.
10.14.1.2 Plans for amenities shall be incorporated into the landscape and
screening plans and are recommended to be submitted with the Final
Plat and shall be submitted and approved prior to the filing of the Final
Plat at the county.
10.14.1.3 Structural elements shall be sealed by a licensed professional
engineer and approved by the Town.
10.14.1.4 Site plan approval is required for private recreational facilities and
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parks.
10.4.2 Association Documents, Deed Restrictions, Contracts and Agreements Pertaining
to the Amenities.
A homeowners association or Property Owners association shall be required to
maintain all amenities. Documents establishing the homeowners association or
Property Owners association shall be submitted to the Town for review. The
Town, in its sole discretion, may submit the documents to the Town Attorney to
review for conformance with this and other applicable Ordinances prior to final
acceptance of the subdivision. The documents shall specify:
14.4.2.1 Membership in the association is mandatory for all owners of property
within the subdivision;
14.4.2.2 All association responsibilities and property interests;
14.4.2.3 By-laws related to the governance of the association;
14.4.2.4 Covenants for maintenance assessments, which run with the land;
14.4.2.5 Responsibility for liability insurance and local taxes; and
14.4.2.6 Authority for the association to secure funds from its members
sufficient to meet its responsibilities. This authority shall include the
ability to:
10.14.2.6a collect dues;
10.14.2.6b to increase dues;
10.14.2.6c charge special assessments; and
10.14.2.6d place liens against property for failing to pay dues and
assessments.
10.4.3 Dues
Dues shall be calculated based on:
10.4.3.1 Build out of the subdivision; and
10.4.3.2 Other Town requirements as applicable; and
10.4.3.3 Written release of liability for maintenance to benefit the Town; and
10.4.3.4 Written indemnification of the Town for any damages, injuries
(including death), and/or liability resulting from the amenity; and
10.4.3.5 Funds based on an accredited cost projection analysis in escrow to the
Town or within a specific reserve account of the homeowners
association or Property Owners association for the maintenance and
removal of entry features, water features, or other amenities as
determined by the Town.
10.4.4 Design
The design of amenities shall conform to the following:
10.4.4.1 An entry feature may be constructed on public right-of-way, but may
not be constructed to suspend over a public right-of-way.
10.4.4.2 An entry feature may be placed within a median within a right-of-way
upon Town Council approval.
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10.4.4.3 An entry feature consisting of a water pond, fountain, or other water
feature shall be permitted subject to approval by the Town Engineer.
10.4.4.4 No entry feature, other than screening walls or extensions of screening
walls, may be constructed on a lot which contains or will contain a
single-family home.
10.4.4.5 Entry features shall not encroach into visibility easements or otherwise
impair pedestrian or vehicular visibility.
All amenities placed on land dedicated to the Town or within a public right-of-way,
or involving the potential use of public funds for maintenance and operation shall
require Town Council approval. The Town Council may deny any such amenity at
its sole discretion.
10.4.5 Notice to Purchasers
Builders are required to post notice in a prominent place in all model homes and
sales offices stating that a property association has been established and
membership is mandatory for all Property Owners. The notice shall state at a
minimum that the builder shall provide any person upon their request the
association documents and a five-year projection of dues income and association
expenses.
10.4.6 Maintenance Reserve Fund
Prior to the transfer of the association to the lot owners, the Developer must
provide an adequate reserve fund to the association for maintenance purposes. A
reserve study must be conducted by the Developer and reviewed by the Town to
insure that adequate funds are provided to the association.
10.4.7 Property Association Activation
Concurrent with the transfer of the association, the Developer must transfer to the
association control over all utilities related to common property and amenities to
be owned by the association. The Developer must also disclose to the association
the total cost to date related to the operation and maintenance of common
property and amenities.
11. RESPONSIBILITY FOR PAYMENT OF INSTALLATION COSTS
11.1 Water and Sewer Systems
11.1.1 Where extensions of water and sewer mains are required to serve property which
has been subdivided or platted for development and resale and the Final Plat has
been approved by the Town Council, the Town shall construct or cause to have
constructed such mains upon deposit of the total cost of such extensions, including
the cost of approach mains fronting property not owned by the Developer, but
necessary to connect the area for which application is made with the Town water
and sewer systems.
The Developer will bear the total cost of construction of off-site or approaching
mains required to interconnect property to be developed with existing mains, the
sizes to be determined by the Town in accordance with the Water Master Plan, and
with the only refunds to be the impact fee as collected by the Town. Any refund to
the Developer shall not exceed the total of the impact fee charges, or the total cost
of the actual construction, whichever is the lesser amount.
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There shall be a maximum of ten years as the period of eligibility wherein the original
depositor may request a refund of impact fee payments under this Section. In the
event the abutting property is not developed during the said ten (10) year period,
then no refund shall be made under this Section. The period of eligibility shall begin
as of the date of final inspection and acceptance of the extensions by the Town.
The Town will return all refunds due from other Developers when and as they are
received.
11.1.2 Should the subdivision abut and use a sewer or water main of the Town, the
Developer shall pay to the Town an impact fee charge as prescribed herein for use
of the same.
11.1.3 Impact fee charges shall be that portion of the total cost of the existing water or
sewer main necessary to serve the need directly generated by the subdivision being
developed, as determined by the Town Engineer.
11.2 Street Construction
11.2.1 The Developer shall be responsible for all costs for the installation of streets in a
subdivision, including those streets and related drainage structures that are deemed
by the Commission and Town Council to be required because of any or all of the
following:
11.2.1.1 A substantial amount of traffic will be generated from to or through the
subdivision because of existing and/or future conditions; or
11.2.1.2 The Town’s Comprehensive Plan indicates a need for certain major streets
through or adjacent to the subdivision.
11.2.2 In the case where a subdivision lies wholly within the extraterritorial jurisdiction (ETJ)
of the Town and the subdivision shall be adjacent to or adjoin proposed major street,
the Developer shall pay Thoroughfare Impact Fees as set forth in Town Ordinance
No. 02-33, as it exists or may be amended, establishing a comprehensive fee
schedule.
11.3 Drainage
The Developer shall be responsible for all costs for the installation of the drainage system
required to accommodate the needs of the subdivision being developed to include the
carrying of existing water entering the subdivision.
11.4 Other Improvements
The Developer shall be responsible for all costs and for the installation of improvements as
set forth in this Ordinance.
12. FLOOD HAZARD AREAS
12.1 General
The flood hazard areas of the Town of Prosper are subject to periodic inundation which
results the loss of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base all of which adversely affect the public health, safety and general
welfare. These flood losses are caused by:
12.1.1 The cumulative effect of obstructions in flood plains causing increases in flood
heights and velocities, and
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12.1.2 The occupancy of flood hazard areas by uses vulnerable to floods, or hazardous
to other lands, which are inadequately elevated or otherwise protected from flood
damages. The developer or his engineer shall design all drainage facilities to
provide for the discharge resulting from development conditions up stream of the
project site.
This Section is based upon a reasonable method of analyzing flood hazards, to wit: Flood
Hazard Maps provided by the Federal Emergency Management Agency (FEMA).
12.2 Purpose
It is the purpose of this Section to promote the public health, safety and welfare, and to
minimize the losses described in Section 12.1 by provisions designed to:
12.2.1 Restrict or prohibit subdivision of lands for uses which are dangerous to health,
safety or property in times of flood or which, with reasonably anticipated
improvements, will cause excessive increases in flood heights or velocities.
12.2.2 Require that each subdivision lot in an area vulnerable to floods be provided with a
safe building site with adequate access and that public facilities which serve such
uses be installed with protection against flood damage at the time of initial
construction.
12.2.3 Protect individuals from buying lands which are unsuited for intended purposes
because of flood hazards by prohibiting the subdivision of unprotected flood
hazard lands, requiring that flood hazards area be delineated on the Final Plat,
and reserving through deed restrictions areas not suitable for development.
12.3 Application
This Section shall apply to all lands within the jurisdiction of the Town of Prosper and its
extraterritorial jurisdiction delineated as flood hazard areas on the FEMA maps.
12.4 Warning and Disclaimer of Liability
The degree of flood protection required under this Section is considered reasonable for
regulatory purposes and is based on engineering and scientific methods of study. Larger
floods may occur on rare occasions. Flood heights may be increased by man-made or
natural causes, such as trash jams and bridge openings restricted by debris. This
Ordinance does not imply that areas outside the delineated flood hazard areas or land uses
permitted within such areas will be free from flooding or flood damages. This Ordinance
shall not create liability on the part of the Town of Prosper or any officer or employee thereof
for any flood damages that result from reliance on this Ordinance or any administrative
decision lawfully made thereunder.
12.5 Land Suitability
No land shall be subdivided which is held unsuitable for its intended use by the Commission
for reasons of flooding, inadequate drainage, soil and rock formations with severe limitations
for development, susceptibility to mudslides or earth slides, severe erosion potential,
unfavorable topography, inadequate water supply or sewage disposal capabilities, or any
other feature harmful to the health, safety or welfare of the future residents or Property
Owners of the proposed subdivision or the community at large. However, the Commission
may approve Preliminary and Final Plats if Subdividers improve lands consistent with the
standards of this and other applicable Ordinances to make subdivision areas, in the opinion
of the Commission, suitable for their intended uses. The Commission may also approve the
Preliminary and Final Plats if Subdividers agree to make suitable improvements and place a
sum in escrow pursuant to this Ordinance to guarantee performance. In determining the
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appropriateness of land subdivision at a site, the Commission shall consider the objectives
of this Section, and
12.5.1 The danger to life and property due to the increased flood heights or velocities
caused by subdivision fill, roads, and intended uses.
12.5.2 The danger that intended uses may be swept on to other lands or downstream to
the injury of others.
12.5.3 The adequacy of proposed water supply and sanitation systems and the ability of
these systems to prevent disease, contamination and unsanitary conditions under
flood conditions.
12.5.4 The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owners.
12.5.5 The important of the services provided by the proposed facility to the community.
12.5.6 The requirements of the subdivision for a waterfront location.
12.5.7 The availability of alternative locations not subject to flooding for the proposed
subdivision and land uses.
12.5.8 The compatibility of alternative locations not subject to flooding for the proposed
subdivision and land uses.
12.5.9 The relationship of the proposed subdivision to the Comprehensive Plan and flood
Plain Management Program for the area.
12.5.10 The safety of access to the property for emergency vehicles in times of flood.
12.5.11 The expected heights, velocity, duration, rate of rise and sediment transport of the
flood waters expected at the site.
12.5.12 The costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical and water systems, and streets and bridges.
12.6 Building Site Improvements
12.6.1 No subdivision or part thereof shall be approved if proposed subdivision levees,
fills, structures or other features will individually or collectively significantly
increase flood flows, heights, or damages.
12.6.2 Building sites for residences, motels, resorts or other dwelling or accommodation
uses shall not be permitted in floodway areas. Sites for these uses may be
permitted outside the floodway if the sites are elevated or filled to a height at least
1.5 feet above the elevation of the regulatory flood or if other provisions are made
for elevating or adapting structures to achieve the same result. Required fill areas
must extend 10 feet beyond the limits of intended structures and, if the subdivision
is not to be sewered, must include areas for onsite waste disposal.
12.6.3 Building sites for structures not included in Section 12.6.2 shall similarly not be
permitted in floodway areas. Such sites located outside floodway shall ordinarily
be protected as herein provided. However, the Commission may allow subdivision
of areas for commercial and industrial use at a lower elevation if the Subdivider
protects the areas to a height of 1.5 feet above the regulatory flood elevation by
levees, channel modifications, or other protective techniques; or if the Subdivider
assures that uses will be protected through structural flood-proofing, flood warning
system or other techniques specified in Section 12.
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12.6.4 If the Commission determines that only part of a proposed plat can be safely
developed, it shall limit development to that part and shall require that
development proceed consistent with this determination.
12.6.5 When the Subdivider does not intend to develop the plat himself and the
Commission determines that additional use controls are required to insure safe
development, it may require the Subdivider to impose appropriate deed
restrictions on the land. Such deed restrictions shall be inserted in every deed
and noted on the face of the final recorded plat.
12.7 Drainage Facilities
Storm drainage facilities shall be designed to store and convey the flow of surface waters
from a 100 year frequency storm without damage to persons or property. The system shall
insure drainage at all points along streets, and provide position drainage away from
buildings and onsite waste disposal sites. Plans shall be subject to approval by the
Planning Commission. The Commission may require a primarily underground system to
accommodate frequent floods and a secondary surface system to accommodate less
frequent floods. Drainage plans shall be consistent with local and regional drainage plans.
The Town may adopt separate drainage design criteria which shall provide specific
conditions for development.
12.8 Roads
The finished elevation of proposed streets shall be no more than 1.0 feet below the
regulatory flood protection elevation. The Commission may require, where necessary,
profiles and elevations of streets to determine compliance with this requirement. Drainage
openings shall be sufficient to discharge flood flows without unduly increasing flood heights.
12.9 Sanitary Sewer Facilities
12.9.1 The Commission may prohibit installation of sewage disposal facilities requiring
soil absorption systems where such systems will not function due to high ground
water, flooding, or unsuitable soil characteristics. The Commission may require
that the Subdivider note on the face of the plat and in any deed of conveyance
that soil absorption fields are prohibited in designed areas.
12.9.2 The Commission may prescribe adequate methods for waste disposal. If a
sanitary sewer system is located on or near the proposed subdivision, the
Commission shall require the Subdivider to provide sewage facilities to connect to
this system where practical, and shall prescribe the procedures to be followed by
the Subdivider in connecting to the system.
12.10 Water Facilities
All water systems including individual wells located in flood prone areas, whether public or
private, shall be flood-proofed to a point at or above the flood protection elevation. If there
is an existing public water supply system on or near the subdivision, the Commission may
require the Subdivider to convert to this system.
12.11 Erosion and Sediment Control Measures
The Commission may require the Subdivider to utilize grading techniques, subdivision
design, landscaping, sedimentation basins, special vegetation cover, and other measures to
reduce erosion and sediment.
12.12 Flood-Proofing
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The Commission may, as a condition of approving any plat for an area subject to flooding,
require flood-proofing of intended uses. Flood-proofing plans must be individually approved
by the Commission before such uses are constructed. Flood proofing may include:
12.12.1 Anchorage to resist flotation and lateral movement.
12.12.2 Installation of watertight doors, bulkheads, and shutters, or similar methods of
closure.
12.12.3 Reinforcement of walls to resist water pressures.
12.12.4 Use of paints, membranes, or mortars to reduce seepage of water through walls.
12.12.5 Addition of mass or weight to structures to resist flotation.
12.12.6 Installation of pumps to lower water levels in structures.
12.12.7 Construction of water supply and waste treatment systems so as to prevent the
entrance of flood waters.
12.12.8 Installation of pumps or comparable facilities for subsurface drainage systems to
relieve external foundation wall and basement flood pressures.
12.12.9 Building design and construction to resist rupture or collapse caused by water
pressure or floating debris.
12.12.10 Installation of valves or controls on sanitary and storm drains which permit the
drains to be closed to prevent back-up of sewage and storm waters into buildings
or structures.
12.12.11 Location and installation of all electrical equipment, circuits and electrical
appliances so that they are protected from inundation by the regulatory flood.
12.12.12 Location of storage facilities for chemicals, explosives, buoyant materials,
flammable liquids or other toxic materials which could be hazardous to public
health, safety and welfare at elevation above the height associated with the
regulatory protection elevation; or design of such facilities to prevent flotation of
storage containers, or damage to storage containers which could result in the
escape of toxic materials into flood waters.
13. PARKS AND OTHER PUBLIC USES
Preliminary Plats shall designate sites for schools, parks or other public areas as indicated
in the Town’s Comprehensive Plan or in accordance with Town policy. The responsible
public authority shall acquire such property within eighteen (18) months of the approval of
the Preliminary Plat by the Town Council. Should the responsible public authority not
acquire such property within eighteen (18) months of the approval of the Preliminary Plat by
the Town Council, the Subdivider may proceed with development of the subdivision as
though such area were non-existent.
13.1 Conveyance of Land for Recreational Areas and Facilities
13.1.1 Purpose.
This Section 13 is adopted to ensure that adequate recreational areas in the form
of neighborhood and community parks are provided to meet the additional needs
created by new residential development.
13.1.2 Scope.
The provisions of this Section shall apply to all new residential development within
the Town and all residential subdivisions within its extraterritorial jurisdiction after
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the effective date of this Ordinance for which a Final Plat or Preliminary Plat is
required to be submitted to the Town for approval
13.1.3 Exemptions.
The provisions of this Section shall not apply to the following:
13.1.3.1 Residential development for property to be located on a lot of record,
Final Plat or replat which was approved prior to the effective date of
this Ordinance.
13.1.3.2 Residential development constructed or to be constructed in
accordance with a building permit issued prior to the effective date of
this Ordinance.
13.2 Neighborhood and Linear Parks and Connections to Park
This Section 13.2 shall not apply to Major Creeks as set forth in Section 14 unless otherwise
noted.
Parks must be easy to access and open to public view so as to benefit area development,
enhance the visual character of the Town, protect public safety and minimize conflict with
adjacent land uses. The following guidelines must be used in designing parks and adjacent
development:
13.2.1 Where physically feasible, parks must be bounded by streets or by other public
uses (e.g. school, library, recreation center).
13.2.2 Where residential lots must directly abut a park, lots must be oriented so as to side
and not back to the park. In this instance, cul-de-sac and looped streets must be
used to access the lots and park (see illustration: Park Access).
13.2.3 Residential lots may back to a park only when the site's physical character (e.g.
shape, topography, drainage) does not reasonably permit an alternative design or
the layout of the subdivision complements the use of the park (e.g. lots backing to
a golf course).
13.2.4 A proposed subdivision adjacent to a park may not be designed to restrict
reasonable access to the park from other area subdivisions. Street connections to
existing or future adjoining subdivisions may be required to provide reasonable
access to parks.
13.2.5 Where a non-residential use must directly abut a park, the use must be separated
by a screening wall or fence and landscaping approved by the Town. Access
points to the park may be permitted by the Town if a public benefit is established.
13.2.6 Alleys may abut a park provided that the alley does not exceed the residential lot
depth by the width of the alley. Alleys should not be designed to encourage their
use as a means of vehicular, bike or pedestrian travel to the park.
13.2.7 Public access to a park shall not be less than twenty (20) feet at the curb and
widened to fifty (50) feet in width to the Base Flood Plain and/or Maintenance
and/or Access Dedication and shall not be part of a residential lot. The Property
Owner shall install a ten (10) foot wide concrete trail from the street to the hike and
bike trail/park prior to final acceptance of the subdivision. This trail must be
blocked from motor vehicle traffic. However, the Property Owner may request to
escrow funds for the contracted amount prior to final acceptance of the subdivision
with Town approval. The escrow amount will remain in place until the trail has
been completed and accepted by the Town.
CURRENT
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13.2.8 A twenty-five (25) foot level surface shall be provided for a twelve (12) foot wide
public hike and bike trail when required. The twenty-five (25) foot wide level
surface can be provided within and/or outside of the Base Flood Plain and/or
Access Dedication. The parkway for the public street may count towards the
twenty-five (25) foot wide level surface. The proposed hike and bike trail shall be
shown on the Preliminary Plat. The Town Engineer or his/her designee shall
make the final determination of the placement of the public hike and bike trail at
the time of the Final Plat. Low water crossings for the hike and bike trail may be
permitted with approval from the Town Engineer or his/her designee. The hike
and bike trail shall be designed so as to minimize visibility blind spots from public
streets for public safety purposes.
13.2.9 Streets abutting a park shall be built in accordance with the thoroughfare plan, the
standards of this Ordinance and all other applicable construction standards and/or
ordinances, as they exist or may be amended; however, the Town may require
any residential street built adjacent to a park to be constructed to collector street
width to ensure access and prevent traffic congestion.
13.2.9.1 When park land is acquired, the Town shall reserve sufficient land to
provide the additional right-of-way required for an abutting collector
size street, sixty (60) feet of right-of-way, unless otherwise approved
by the Town.
13.2.9.2 The proposed street alignment fronting on Town parks is subject to
Town approval. Land owners shall also provide street access to all
Major Creeks and/or Access Dedications.
13.2.10 Dedication Requirements
13.2.10.1 Conveyance or Money in Lieu of Land
The owner of any property to be developed for residential purposes
shall convey for park purposes land or make a payment of money in
lieu of land, or a combination of both, to the Town at the time of
rezoning or subdivision to provide for the recreational needs created
by such development, in accordance with the provisions of this
chapter.
13.2.10.2 Proposed Number of Dwelling Units
All plats, lots of record, replats, site plans or proposed improvements
of land for new residential development, required to be submitted to
the Commission, park board, and/or Town Council, shall indicate the
number of proposed dwelling units to be constructed or placed within
the development on such plat, lot of record, replat or site plan.
13.2.10.3 Determination of Requirements
In reviewing any lot of record, plat, site plan or proposed improvements
of land for a new residential development, the Town Council and park
board shall, except where a payment of money in lieu of land is
automatically required to be made under this Section 13, make a
determination of whether a conveyance of land, payment of money in
lieu of land or a combination of both shall be made to meet the
requirements of this Section.
13.2.10.4 Factors Considered
In making a determination of which type of dedication, or combination
thereof, shall be made, the Commission shall recommend what would
CURRENT
be in the best interest of the Town, based upon relevant factors which
may include, but not be limited to, the following:
13.2.10.4a Whether the proposed land to be conveyed for park
purposes would be suitable as a neighborhood, linear,
community, or Town park.
13.2.10.4b The parks and recreation comprehensive plan for the
area in which the development is located.
13.2.10.4c The recommendation of the park board or the
department of parks and recreation.
13.2.10.4d Whether the proposed land to be conveyed for park
purposes is adjacent to an existing or proposed school
site.
13.2.10.4e Whether there is sufficient existing public or private
park land in the area of the proposed development.
13.2.10.4f Whether the park needs of the area where the
proposed development is located would be best served
by expanding or upgrading existing parks.
13.2.10.4g Land located adjacent to a greenbelt park.
13.3 Suitability
A proposed conveyance of land shall not be considered suitable for neighborhood or
community park purposes if it has one or more of the following characteristics:
13.3.1 Located within the 100-year floodplain, as shown on the latest flood insurance rate
map or floodplain Ordinance adopted by the Town on which the Federal
Emergency Management Agency has delineated both the areas of special flood
hazard and the risk premium zones applicable to the community. The Town may
take more than the 20 percent floodplain land if it is determined in the best interest
of the Town.
13.3.2 The proposed park site dedication is less than seven and one half (7.5) acres for a
neighborhood park or twenty (20) acres for a community park, unless the
proposed dedication is located in such a manner in which it could be combined
with other dedications to create a park of adequate size.
13.3.3 It has unusual topography or slope which renders it unsuitable for organized
recreational activities or passive park needs, depending on the Town’s intended
use for the park.
13.3.4 It does not or would not front an improved public street or would not be readily
accessible, in whole or in part, to the public.
13.4 Conveyance of Land Requirements
Where the Town Council determines that a conveyance of land shall be required, in whole
or in part, to meet the requirements of this Section, the following provisions shall apply:
13.4.1 Amount (Ord. No. 10-006)
The required conveyance of land shall be one (1) acre of land per thirty-five (35)
residential units, or in an amount proportionally equal to five percent (5%) of the
total tract acreage, whichever is greater.
13.4.2 Manner and Method.
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Plats required to be submitted to the Town for approval, shall show thereon a fee
simple conveyance to the Town of the land required by this Section for park
purposes as a condition to approval of such plat by the Town Council, and the
Town may further require the conveyance of the park property by general warranty
deed. As a condition to acceptance of the plat or deed by the Town, the
Subdivider shall provide the Town with an owner's title policy of insurance in an
amount equal to the value of the land conveyed, which amount shall be
determined by the Town.
13.4.3 Credit for Prior Dedications
Where a dedication of land was made prior to the effective date of this Section 13
by the owner of land required to convey land under the provisions of this Section
13, the former dedication of land shall be credited on a per-acre basis toward the
required conveyance provided by this Section 13 when the Town Council finds
that:
13.4.3.1 The dedication was made within five (5) years of the effective date of
this Ordinance from which this Section derives;
13.4.3.2 The land dedicated was within one-half (1/2) mile of the new
development for which land is required to be conveyed;
13.4.3.3 The land dedicated is not being presently used for purposes
incompatible with park purposes and is suitable for park purposes; and
13.4.3.4 A credit may be given for on-site improvements that are compatible
with long-range development plans for the proposed park.
The credit provided for herein shall not be transferable and shall only be given to
the donor of the land who is the owner of the property being developed for which a
conveyance of land is required by this Section, unless said prior conveyances
were included as a part of an executed facilities and/or development agreement
with the Town and the Developer.
13.4.4 Credit for Private Recreation Facilities (Ord. No. 10-006)
Where private recreation facilities are built for the residents for the subdivision or
development, a credit may be granted with a recommendation from the Town
Parks and Recreation Board and approval by the Town Council. The value of
these private recreation facilities shall be determined by the Town Council, but
shall not exceed one hundred percent (100%) credit of conveyance.
13.5 Money in Lieu of Land
Where the Town Council determines that a payment of money in lieu of land shall be made,
the following provisions shall apply:
13.5.1 Any payment of money required to be paid shall be in an amount equal to the
average per-acre value of the whole property included within the residential
development, the amount set forth in the Fee Schedule Ordinance No. 02-33 as it
currently exists or may be amended, whichever is greater.
13.5.2 In determining the average per-acre value of the total land included within the
proposed residential development, the Town Council may base its determination
on one or more of the following:
13.5.2a The most recent appraisal of all or part of the property made by the
central appraisal district; or
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13.5.2b Confirmed sale prices of all or part of the property to be developed, or
comparable property in close proximity thereof, which have occurred
within two years immediately preceding the date of determination; or
13.5.2c Where, in the judgment of the Town Council, Section 13.5.2a or
13.5.2b above would not, because of changed conditions, be a reliable
indication of the then-current value of the land being developed, an
independent appraisal of the whole property obtained by the Town and
paid for by the Developer; or
13.5.2d The amount set forth in the Fee Schedule Ordinance No. 02-33 as it
currently exists or may be amended.
13.5.3 Time of payment. Any payment of money required herein shall be paid as a
condition to the approval of any Final Plat or replat. Payment shall be made prior
to the signing of the plat unless otherwise stated in a facilities agreement
approved by the Town Council.
13.5.4 Park development fund. All cash payments paid to the Town in accordance with
this Section 13 shall be deposited in a separate park development fund. The Town
shall account for all such payment with reference to each development for which
the payment is made.
13.5.5 Use of funds. Any payments made to the park development fund must be used for
the acquisition, development, expansion or upgrading of parks located within the
same park district or general area where the proposed development for which
payment was made is located.
13.5.6 Right to refund. If all or part of the payments made for a development are not
expended for the purposes authorized herein within five (5) years of the date that
95 percent of all certificates of occupancy have been issued for the completed
development of the property for which the payments were made, the person or
entity who made such payments shall be entitled to a refund on all unexpended
funds if a request for a refund in writing has been made within six (6) months of
entitlement. If no such timely request is made, the right to a refund of the
unexpended funds shall be considered waived.
13.5.7 Compliance
13.5.7.1 Requirements to be Satisfied Prior to Development. It shall be
unlawful for any person who is required to convey land, or pay money
in lieu of land, to begin, or allow any other person or contractor to
begin, any construction or improvements on any land within any
development until the required conveyance of land, or payment of
money in lieu of land, is made to the Town in accordance with this
Section 13.
13.5.7.2 Permits and Services to be Withheld. No building permits shall be
issued for, and no permanent utility services shall be provided to, any
land within any development until the required conveyance of land, or
payment of money in lieu of land, is made to the Town in accordance
with this Section 13.
13.5.8 Prosper Park Improvement Fee
13.5.8.1 Purpose
A park improvement fee ("park fee") is hereby imposed on residential
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development for the purpose of assuring that Town, community,
neighborhood and linear park facilities are available and adequate to
meet the needs created by such residential development. The park fee
is imposed in conjunction with and in addition to requirements for the
dedication of neighborhood and linear park land and the construction
of neighborhood and linear park improvements for which contributions
the Property Owner may be reimbursed from proceeds of park fees
imposed, as provided in Section 13.5.11.
13.5.8.2 Applicability of Park Fee
13.5.8.2a In all cases in which land is dedicated or cash is paid in lieu
of dedication, the Subdivider shall pay to the Town a sum
of money, as set forth by Section 13.5.9. This sub-section
does not apply to activities involving the replacement,
reconstruction, remodeling, rehabilitation or other
improvements to an existing residential structure, or to the
rebuilding of a damaged structure or to permits required for
accessory uses, unless such activity results in a change in
the type or increase in the number of dwelling units.
13.5.8.2b For purposes of this Section, property is "served by" park
facilities when funds collected for such facilities have been
spent for park facilities within ten (10) years from the date
of collection.
13.5.8.3 Imposition of Park Fee
13.5.8.3a Payment of the park fee shall be made prior to the
acceptance of public improvements by the Town. If no
public improvements are required, such payment shall be
made prior to filing the record plat.
13.5.8.3b Imposition of the park fee does not alter, negate,
supersede or otherwise affect any other requirements of
Town, county, state or federal legislation or regulations that
may be applicable to a residential development, including
Town zoning and/or subdivision regulations that may
impose open space and park requirements and standards.
13.5.8.3c The provisions of this Section 13.5.8 shall not be construed
to limit the power of the Town to utilize other methods
authorized under state law or pursuant to other Town
powers to accomplish the purposes set forth herein, either
in substitution or in conjunction with this Section.
Guidelines may be developed by resolution, Ordinance or
otherwise to implement and administer this Section 13.5.8.
13.5.9 Amount of Park Improvement Fee (Ord. No. 10-006)
13.5.9.1 There is hereby established a park fee for single-family dwelling units
in the amount of one thousand five hundred dollars ($1,500.00) per
unit, and a park fee for multifamily dwelling units in the amount of two
thousand dollars ($2,000.00) per unit.
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13.5.10 Processing and Collection of Park Improvement Fee
13.5.10.1 Upon acceptance of a Final Plat, the Town shall calculate the amount
of the applicable park fee due. The park fee rate in effect at the time of
acceptance of the Final Plat shall be used to calculate the park fee.
13.5.10.2 The applicable park fee shall be collected prior to the signing of the
plat unless otherwise stated in an agreement approved by the Town
Council.
13.5.11 Use of Park Improvement Fee
13.5.11.1 Park fees must be used for the following purposes:
13.5.11.1a To acquire and develop Park Facilities.
13.5.11.1b To repay Developers for the reasonable costs of any park
improvements constructed and accepted by the Town. For
multifamily development projects and for complete phases
of a single-family subdivision plat, the Developer may
elect to apply the entire amount to be reimbursed under
this Section as a credit against park fees due for the
residential development; provided that the application of
the credit does not result in a partial fee for any dwelling
unit, in accordance with guidelines established by the
Town. The Town shall retain sole discretion to determine
whether to accept proposed park improvements.
13.5.11.2 The amount of the reimbursement shall be based upon standards
promulgated by the Town, which may be adopted as administrative
guidelines.
13.5.11.3 A Developer shall propose the construction of park improvements in
conjunction with the subdivision platting process. The Town shall
determine the amount of reimbursement due in accordance with the
standards referenced herein. In the event that the Developer is
dissatisfied with the Town's determination of the amount of
reimbursement, he may at his own expense seek an appraisal to be
performed by a qualified appraiser acceptable to the Town. The Town
Council shall compare the appraisal with the standards established by
the Town and shall determine the amount to be reimbursed.
13.5.12 Accounting Procedures for Park Improvement Fees
13.5.12.1 All park fee payments shall be segregated in a separate fund to be
spent only for the improvement of Park Facilities within the Town that
will meet the needs of the residents of the development or subdivision
in respect of which such payment was made.
13.5.12.2 The Town shall maintain and keep financial records for park fees,
which shall show the source and disbursement of all fees collected.
13.5.13 Refunds of Park Improvement Fees
13.5.13.1 The current owner of property on which a park fee has been paid may
apply for a refund of such fee if:
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13.5.13.1a The property on which a park fee has been paid has not
been served by Park Facilities, as provided herein.
13.5.13.1b Only the current owner of property may petition for a
refund. A petition for refund may be filed within six (6)
months of the event giving rise to the right to claim a
refund.
13.5.13.1c The request for refund must be submitted to the Town
Administrator or his/her designee. The request must
contain: A certified copy of the latest recorded deed for
the subject property; current legal description; and a
statement of the reasons for which a refund is sought.
13.5.13.1d A refund shall be paid only if the Town Administrator
determines that the total park fee collected for the
residential development for which a refund is being
sought exceeds the total expenditures from the park fee
account for a period of ten (10) years from the date of
collection of the park fee ("excess amount"). The refund
amount shall be the development's pro rata share of the
excess of fees collected over expenditures. The Town
may periodically compute the difference between
expenditures and fees collected for purposes of
reviewing refund requests under this subsection. After
the expiration of at least six (6) months after refunds are
due under this Subsection, the Town Council may, after
notice by publication in the section of a local newspaper
reserved for legal notices, and after a public hearing, vote
to apply any unclaimed excess amounts to the
acquisition or construction of any Park Facilities that will
benefit the Town. When the Town Council votes to apply
the excess amounts, the right to refund of the applied
excess amounts shall be extinguished.
13.5.13.1e Within forty-five (45) days of the date of receipt of a
petition for refund, the Town Administrator must provide
the petitioner, in writing, with a decision on the refund
request. The decision must include the reasons for the
decision. If a refund is due petitioner, the Town
Administrator shall notify the Town's finance department
and request that a refund payment be made to petitioner.
13.5.14 Appeals and Variances
13.5.14.1 The Developer may appeal the following decisions of the Town
Administrator to the Town Council:
13.5.14.1a The applicability of the park fee;
13.5.14.1b The amount of the fee due; or
13.5.14.1c The amount of refund due, if any;
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The burden of proof is on the appellant to demonstrate
that the amount of the fee, the amount of the credit or
reimbursement was not calculated according to the
applicable schedule of fees or the guidelines established
for determining such amounts. The appellant must file a
notice of appeal with the Town Council within thirty (30)
days following the determination by the Town
Administrator. If the notice of appeal is accompanied by
a bond or other sufficient surety satisfactory to the Town
Attorney in an amount equal to the park fee due as
calculated by the Town Administrator, the development
application shall be processed. The filing of an appeal
shall not stay the collection of the fee due, unless a bond
or other sufficient surety has been filed.
13.5.14.2 The Town Council may grant a variance from any requirements of this
Section, upon written request by a Property Owner subject to this
Section, following a public hearing, and only upon a finding that a strict
application of such requirement would result in a substantial hardship
which is not common to similarly situated Property Owners.
13.5.15 Park fee as additional and supplemental requirement.
The park fee is additional and supplemental to and not in substitution of any other
requirements imposed by the Town on the residential development of the land.
14. MAJOR CREEKS
14.1. Base Flood Plain Restrictions - For the health, safety, and welfare of the present and future
population of the Town and for the conservation of water, drainage, and sanitary facilities,
the Town prohibits development of any portion of the property which lies within the Base
Flood Plain of any Major Creek. These Major Creeks shall be preserved from any and all
destruction or damage resulting from clearing, grading, or dumping of earth, waste or
material, or stumps, except at the discretion of the Town.
14.2. Major Creek Restrictions – The Major Creeks shall be in an open natural condition
beginning at the headwater (as determined by the Federal Emergency Management Agency
and/or the U.S. Army Corps of Engineers) of each Major Creek. Each Major Creek is
subject to the following requirements:
14.2.1 For single-family residential developments the Base Flood Plain must be
dedicated on a Final Plat to the Town as a single lot or to an approved homeowner
association (“HOA”), approved by the Town, pursuant to Subsection 14.2.2. The
Base Flood Plain shall not be contained in a single-family residential lot. The
Town Council may waive this dedication requirement for replats that were
originally platted prior to the adoption of this requirement.
14.2.2 For single-family residential developments, the Base Flood Plain and/or Access
Dedication, as defined herein, may be owned and maintained by an HOA. The
HOA's by-laws and covenants, which must be approved by the Town and filed of
record in the county land records where the property is located, shall provide: (i)
for Town access for emergency vehicles, equipment and personnel and to
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improve and/or maintain the Base Flood Plain and Access Dedication in the event
they are not being properly maintained as determined by the Town Engineer, and
(ii) provide that the HOA shall reimburse the Town for any and all costs incurred
by the Town for maintenance. The Final Plat shall contain the following: (i) a grant
allowing the Town access for emergency vehicles, equipment and personnel and
to improve and/or maintain the Base Flood Plain and/or Access Dedication in the
event they are not being properly maintained as determined by the Town
Engineer; and (ii) an obligation that the HOA shall reimburse the Town for any and
all costs incurred by the Town for maintenance.
14.2.3 For non-residential developments, the Base Flood Plain and/or Access Dedication,
as defined herein, must be dedicated on the Final Plat as a single lot to the Town
or to an approved property management entity, approved by the Town, pursuant
to Subsection 14.2.4. The Town Council, in its discretion, may waive this
dedication requirement for replats that were originally platted prior to the adoption
of this requirement.
14.2.4 For non-residential developments, the Base Flood Plain and/or Access Dedication,
as defined herein, may be owned and maintained by an property management
entity and/or the Property Owner. The Final Plat shall contain the following: (i) a
grant allowing the Town access for emergency vehicles, equipment and personnel
and to improve and/or maintain the Base Flood Plain and/or Access Dedication in
the event they are not being properly maintained as determined by the Town
Engineer; and (ii) an obligation that the property management entity and/or the
Property Owner shall reimburse the Town for any and all costs incurred by the
Town for maintenance.
14.3 Residential Development Criteria Along Major Creeks:
14.3.1 A minimum of sixty percent (60%) of the linear frontage of the Base Flood Plain
and/or Access Dedication in each Final Plat shall have adjacent to it one (1) or
more of the following types of streets:
(i) Parallel streets
(ii) Loop streets
(iii) Cul-de-sacs (more than two (2) consecutive cul-de-sacs without separation
by a looped street or parallel street is prohibited). Refer to Section 13
regarding access width to Base Flood Plain and/or Access Dedication.
(iv) Any lot that sides to the Base Flood Plain and/or Access Dedication shall
have a side yard setback of fifteen (15) feet.
14.3.2 A maximum of forty percent (40%) of the linear frontage of the Base Flood Plain
and/or Access Dedication in each Final Plat may have lots backing to a Major
Creek. When a lot backs to a Major Creek the following is required:
(i) Any lot that backs to the Base Flood Plain and/or Access Dedication shall have
a rear yard setback of twenty-five (25) feet;
(ii) Alternating cul-de-sacs and looped streets shall be provided at intervals not to
exceed twelve-hundred (1,200) feet for access to the Base Flood Plain and/or
Access Dedication; and
(iii) The Base Flood Plain and/or Access Dedication shall be available to public
access from the end of a cul-de-sac in the manner required in Section 13.
14.3.3 Section 14.3.1 does not apply to properties which have an approved concept plan
that is part of a planned development ordinance adopted prior to the effective date
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of this Ordinance; provided, however, said properties are subject to the following
conditions:
(i) Any lot that backs to the Base Flood Plain and/or Access Dedication shall have
a rear yard setback of twenty-five (25) feet;
(ii) Any lot that sides to the Base Flood Plain and/or Access Dedication shall have
a side yard setback of fifteen (15) feet.
(iii) Alternating cul-de-sacs and looped streets shall be provided at intervals not to
exceed twelve-hundred (1,200) feet for access to the Base Flood Plain and/or
Access Dedication; and
(iv) The Base Flood Plain and/or Access Dedication shall be available to public
access from the end of a cul-de-sac in the manner required in Section 13.
14.3.4 Properties adjacent to a golf course that exist or are under construction on the
date of filing a Preliminary Plat (“under construction” shall mean the Town
Engineer has issued a permit for full release and dirt work is being performed on
the site), shall be allowed to have lots backing to the Base Flood Plain and/or
Access Dedication subject to the following conditions:
(i) Any lot that backs to the Base Flood Plain and/or Access Dedication shall have
a rear yard setback of twenty-five (25) feet;
(ii) Any lot that sides to the Base Flood Plain and/or Access Dedication shall have
a side yard setback of fifteen (15) feet.
(iii) Alternating cul-de-sacs and looped streets shall be provided at intervals not to
exceed twelve-hundred (1,200) feet for access to the Base Flood Plain and/or
Access Dedication; and
(iv) The Base Flood Plain and/or Access Dedication shall be available to public
access from the end of a cul-de-sac in the manner required in Section 13.
14.3.5 The proposed street alignment fronting on Town parks is subject to Town
approval.
14.3.6 Residential lots that are allowed to back or side to the Base Flood Plain and/or
Access Dedication shall have an ornamental metal fence along the rear and side
of the lots subject to Town review and approval. The lot owner is responsible for
the maintenance of the fence.
14.3.7 A no-build and preservation easement(s) shall be provided on lots and open space
lots as shown on the Final Plat to preserve topography and vegetation (the “no-
build and preservation easement(s)”). A minimum twenty (20) foot building
setback shall be provided adjacent to the no-build and preservation easement(s).
Pools and decks shall be permitted within the twenty (20) foot setback, but not in
the no-build and preservation easement(s), within the platted lot, and shall meet
the minimum setbacks as specified in the Zoning Ordinance, and any
amendments thereto. Neither grade changes nor vegetation removal shall occur
within the no-build and preservation easement(s) without prior Town Engineer
approval.
14.3.8 At the request of the Town, the Property Owner shall submit the following
documents with the Preliminary Plat that includes property along a Major Creek:
(i) Wetland Delineation Study;
(ii) Habitat Study; and
(iii) Vegetative Study
Pg. 58
Subdivision Ordinance - Town of Prosper, TX
CURRENT
These studies shall be considered in the review of the Preliminary Plat regarding
development along a Major Creek.
14.4 Streets
The size of streets adjacent to the Base Flood Plain and/or Access Dedication shall have a
minimum right-of-way width of fifty (50) feet. The Town shall participate in fifty percent
(50%) of the paving costs when the Town determines that a collector size street, sixty (60)
feet of right-of-way width, is necessary.
14.5 Maintenance and Access Dedication
The Property Owner or Subdivider must provide sufficient access on each side of and
parallel to the Base Flood Plain of each Major Creek for Town access for emergency
vehicles, equipment and personnel and to improve and/or maintain the Base Flood Plain.
The access shall be above the Base Flood Plain elevation. Streets and alleys abutting the
Base Flood Plain may substitute for the Access Dedication subject to Town Engineer
approval. Access to the Access Dedication must also be provided at a maximum twelve
hundred (1,200) foot spacing along streets or alleys. The Town Engineer shall determine
the location and size of the Access Dedication. The minimum width of the Access
Dedication shall be twelve (12) feet. Permanent monuments, the type and location of which
will be determined by Town Engineer, shall be placed by the Property Owner along the
boundaries of the Access Dedication and private property.
14.6 Appeal from Requirements of Section 14.0 Major Creeks
14.6.1 An appeal for relief from the regulations set forth in Section 14.0 may be made to
and shall be considered by the Town Council.
14.6.2 Any appeal must be submitted in writing to the Town Council with submission of a
Preliminary Plat. The appeal, at a minimum, shall specifically identify the
regulation complained of, the relief requested, and the evidence to support the
relief requested.
14.6.3 The Subdivider has the burden of proof to establish by clear and convincing
evidence that a proposed regulation set forth in Section 14 does not meet
constitutional guarantees and/or statutory requirements.
14.6.4 If the Subdivider meets its burden of proof, the Town Council shall have the right
to grant relief from the regulations set forth in Section 14.
15. WHERE SUBDIVISION IS UNIT OF A LARGER TRACT
15.1 Where the proposed subdivision constitutes a unit of a larger tract owned by the Subdivider,
which is intended to be subsequently subdivided as additional units by the same
subdivision, the Preliminary and Final Plats shall be accompanied by a layout of the entire
area, showing the tentative proposed layout of streets, blocks, drainage, water, sewage, and
other improvements for such areas.
15.2 The overall layout, if approved by the Commission, shall be attached to and filed with a copy
of the approved subdivision plat in the permanent files of the Planning and Zoning
Commission. Thereafter, plats of subsequent units of such subdivision shall conform to
such approved overall layout, unless changed by the Commission. However, except where
the Subdivider agrees to such change, the Commission may change such approved overall
layout only when the Commission finds:
15.2.1 That adherence to the previously approved overall layout will hinder the orderly
subdivision of other land in the area in accordance with the provisions of this
Ordinance; or
Pg. 59
Subdivision Ordinance - Town of Prosper, TX
CURRENT
15.2.2 That adherence to the previously approved overall layout will be detrimental to the
public health, safety or welfare, or will be injurious to other property in the area.
16. AUTHORITY OF THE PLANNING AND ZONING COMMISSION
The Commission, if existing, is hereby authorized and directed to promulgate rules,
regulations, standards and specifications for the construction, installation, design, location
and arrangement of streets, curbs, street lights, street signs, alleys, utility layouts, utility
easements, gates for utility easements, sidewalks, water supply and water distribution
systems, fire hydrants, sewage disposal systems, septic tanks, water wells, monuments,
criteria for drainage easement requirements, drainage facilities and crosswalk ways that are
consistent with this Ordinance, and shall be subject to Town Council approval. They shall
file same with the Town Secretary at least thirty (30) days before they become effective.
They may amend the same from time to time, provided that an amendment must be filed
with the Town Secretary at least thirty (30) days before it becomes effective and shall be
subject to Town Council approval. No such rules, regulations, standards and specifications
shall conflict with this or any Ordinances of the Town of Prosper, Texas. All such
improvement shall be constructed, installed, designed, located and arranged by the
Subdivider in accordance with such rules, regulations, standards and specifications.
Pg. 60
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CURRENT
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CURRENT
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Subdivision Ordinance - Town of Prosper, TX
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Subdivision Ordinance - Town of Prosper, TX
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Subdivision Ordinance - Town of Prosper, TX
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Page 1 of 1
To: Mayor and Town Council
From: Steve Glass, P.E., Deputy Director of Engineering Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 9, 2017
Agenda Item:
Conduct a Public Hearing and receive comments on the proposed Drainage Design Standards.
Description of Agenda Item:
Goal Five of the Town Council’s Major Initiatives, “Provide Efficient and Effective Roads and
Infrastructure,” lists “Present Drainage Standards for Adoption.” Staff reviewed current policies
regarding drainage and developed a new set of Drainage Design Standards to be used in the
design and construction of infrastructure within the Town and its Extra-Territorial Jurisdiction (ETJ).
The process of developing the standards included 1) reviewing existing practices and
requirements, 2) surveying neighboring communities regarding their best available technology and
practices, and 3) ensuring the proposed requirements are consistent with standard practice for
municipalities in this area. A draft of the proposed standards was provided to the development and
engineering community via the Prosper Developers Council (PDC).
The standards generally address:
1. procedures for estimating flow,
2. determining conduit size and capacity, (pipe or open channel),
3. establishing processes in determining floodplains and floodways,
4. working with FEMA regarding floodplain modification,
5. bridge design, and
6. detention/retention pond design parameters.
Pending direction and input from the Town Council, the standards will be placed on the May 23,
2017 Town Council agenda for formal adoption.
Attached Documents:
1. Proposed Drainage Design Standards
2. Current Drainage Standards
Town Staff Recommendation:
Town staff desires to receive feedback from the public and Town Council regarding the proposed
Drainage Design Standards.
Prosper is a place where everyone matters.
ENGINEERING
Item 10
SECTION 6 – DRAINAGE DESIGNS STANDARDS
1
SECTION 6 – DRAINAGE DESIGN STANDARDS
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
2
6.01. General
The purpose of the Town of Prosper's drainage design standards is to provide for the safety and welfare of the
general public, protect and improve water quality, protect aquatic resources, and mitigate flood and erosion related
damages to private and public property including lakes and streams within the community while allowing economic
development and growth within the Town and Extraterritorial Jurisdiction.
This section provides guidelines for design of drainage facilities in the Town of Prosper. The procedures outlined
herein shall be followed for all drainage design and review of plans submitted to the Town. It is the responsibility of
the Engineer to provide all necessary calculations and designs described herein. The Engineer shall provide the
Town the data, calculations, and designs necessary to demonstrate the design does not adversely impact the
surrounding or downstream property and meet local, state, and federal rules, regulations, and requirements.
Deviation from the requirements of these standards may be granted by the Deputy Director of Engineering Services.
Additional guidelines and requirements for the design of drainage facilities in the Town of Prosper can be found
online at www.prospertx.gov or by clicking the hyperlinks below.
Town of Prosper Subdivision Ordinance No. XX-XX
Doe Branch Ordinance No. 15-51
Stormwater Management Program
Stormwater Ordinance No. 16-77
6.02. Estimating Stormwater Runoff
The selection of which method to use for calculating runoff depends upon the size of drainage basin contributing
runoff at a most downstream point of a project. Two methods are generally acceptable for use in the Town of Prosper
for design of drainage facilities: The Rational Method and the Unit Hydrograph Method. The Rational Method is
acceptable for drainage basins less than 200 acres while the Unit Hydrograph Method is required for larger drainage
basins.
Runoff computations shall be based upon fully developed watershed conditions in accordance with the Future Land
Use Plan from the Town of Prosper’s Comprehensive Plan or existing zoning, whichever is greater. The design
engineer shall size drainage facilities by disregarding the detention effects of upstream property and calculating the
runoff as if the offsite property was developed without any detention. If an approved regional detention/retention
facility is in operation, the design engineer may size downstream drainage facilities based on consideration of the
detention effects of the regional facility if approved by the Deputy Director of Engineering Services.
A. Rational Method
The Rational Method should be used to estimate stormwater runoff peak flows from small drainage basins of less
than 200 contributing acres. The Rational Method should not be used for storage design or any other application
where a more detailed routing procedure is required.
The Rational Formula estimates the peak rate of runoff at any location in a watershed as a function of the drainage
area, runoff coefficient, and the mean rainfall intensity for a duration equal to the time of concentration, TC (the
time required for water to flow from the most remote point of the basin to the location being analyzed).
The Rational Formula is expressed as follows:
Q = CIA
where:
Q = maximum rate of runoff (cfs)
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
3
C = runoff coefficient (dimensionless)
I = average rainfall intensity for a duration equal to the TC (In/hr)
A = drainage area contributing to the design location (acres)
B. All runoff calculations shall be based upon a fully developed watershed. Larger coefficients shall be used
if considered by the Deputy Director of Engineering Services to be appropriate to the project Runoff
Coefficient (C).
Runoff coefficients “C” shall be based on the Future Land Use Plan, which is included in the Town’s
Comprehensive Plan. Runoff coefficients reflecting various land uses can be found in Table 6.1
Composite runoff coefficients based on the percentage of different types of surfaces or land uses in the drainage
areas can be considered when overall developed land use does not necessarily match up with those shown in
Table 6.1. Composites can be made with the values from Table 6.1 by using percentages of the different developed
land uses. If a land use is not covered in Table 6.1, appropriate values may be considered from the latest NCTCOG
iSWM Manual. A detailed analysis with calculations shall be provided when using composite runoff coefficients.
TABLE 6.1 – Values for Runoff Coefficient
Land Use (Zoning) Runoff Coefficient
“C”
Min. Inlet Time (minutes)
“TC”
Agricultural and Undeveloped Areas 0.30 20
Estate Style Residential (> 1 acre) 0.45 15
Low-Density Residential (> 1/2 acre) 0.55 15
Medium-Density Residential (≥ 1/4 acre) 0.60 15
High-Density Residential (< 1/4 acre) 0.65 15
Town Home 0.70 10
Multiple Family 0.85 10
Non-Residential Uses 0.85 10
Neighborhood Park* 0.55 15
Community Park* 0.85 15
Open Spaces and Common Areas 0.40 15
School 0.85 10
Thoroughfares 0.90 10
*coefficients for park areas are dependent on types of improvements including but not limited to parking lots, trails,
playgrounds, and various structures.
C. Time of Concentration
Time of concentration (TC) is the time required for runoff to travel from the hydraulically most distant point in the
watershed to the outlet. The hydraulically most distant point is the point with the longest travel time to the
watershed outlet, and not necessarily the point with the longest flow distance to the outlet. The NRCS methodology
(formerly SCS method) shall be used to determine time of concentration in the Town of Prosper. This method
assumes that time of concentration is the sum of travel times for segments along the hydraulically most distant
flow path.
TC = Tt1 + Tt2 + Tt3 + ...+ Tn
where:
TC = time of concentration (min)
Ttn = travel time of a segment n (min)
n = number of segments comprising the total hydraulic length
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
4
The segments used in for this method may be of three types: sheet flow, shallow concentrated flow, and open
channel flow.
1.Sheet Flow: The maximum allowable length for sheet flow is 100 feet. The Tt in minutes for sheet flow
is determined using the following equation:
ܶ௧ ൌ 0.42ሺ݊ܮሻ.଼
ሺܲଶ ሻ.ହܵ .ସ
Tt = travel time (min)
n = Manning’s roughness coefficient (Table 6.2)
L = flow length (ft)
P2 = 2-year, 24-hour rainfall, 3.6 in
S = slope of hydraulic grade line (land slope, ft/ft)
Table 6.2 Sheet Flow ‘n’ Values
(flow depth generally ≤ 0.1 ft)
Surface Description n
Smooth surfaces (concrete, asphalt, gravel, or bare soil) 0.011
Fallow (no residue) 0.05
Cultivated Soils:
Residue cover less than 20%0.06
Residue cover greater than 20%0.17
Grass:
Short Prairie Grass 0.15
Dense grasses1 0.24
Bermuda grass 0.41
Range (natural) 0.13
Woods:
Light underbrush 0.40
Dense underbrush 0.80
1: Includes species such as weeping lovegrass, bluegrass, buffalo grass, blue grama grass, and native grass mixtures.
2.Shallow Concentrated Flow: Begins where sheet flow ends. Travel time is the ratio of flow length to flow
velocity and calculated as follows:
ܶ௧ ൌ ܮ
60ܸ
Tt = travel time (min)
L = flow length (ft)
V = average velocity (fps)
VUnpaved = 16.1345*(S)0.5,
VPaved = 20.3282*(S)0.5
Average velocities for estimating travel time for shallow concentrated flow should be estimated for
paved or unpaved areas using the above equations.
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
5
3. Open Channel Flow: Shallow concentrated flow is assumed to occur after sheet flow ends at shallow
depths of 0.1 to 0.5 feet. Beyond that channel flow is assumed to occur. Open channels are assumed
to begin where surveyed cross-sectional information has been obtained, where channels are visible
on aerial photographs, or where bluelines (indicating streams) appear on U.S. Geological Survey
(USGS) quadrangle sheets, or in some cases, closed storm sewer systems. The Tt for open channel
flow is determined using the following equations:
ܶ௧ ൌ ܮ
60ܸ
ܸൌ1.49ݎ ଶ
ଷ ܵ ଵ
ଶ
݊
L = flow length (ft)
Tt = travel time (min)
V = average velocity (ft/s)
r = hydraulic radius (ft), A/P
A = cross sectional flow (ft2)
P = wetted perimeter (ft)
S = slope of the hydraulic grade line (channel slope, ft/ft)
n = Manning’s roughness coefficient
The Engineer shall compare the calculated time to the time listed in Table 6.1. If the calculated TC differs from the value
in Table 6.1, the Engineer shall provide information to justify the TC calculations.
D. Rainfall Intensity
The rainfall intensity (I) is the average rainfall rate in in/hr for a duration equal to the time of concentration for a
selected return period. Intensity-duration frequency (IDF) relationships were developed using information
acquired from the US Geological Survey (USGS) in cooperation with Texas Department of Transportation (TxDOT)
for each county in the North Central Texas region. The information below is based on these results as found in
the NCTCOG iSWM manual.
The design of all storm drainage facilities within the Town of Prosper shall be based on rainfall information as
derived by the equation below (if the Rational Method is used). Storm durations shall be chosen based on the
appropriate time of concentration.
ܫൌ
ሺ் ାௗሻ
Where:
I = the average rainfall intensity (in/hr)
TC = time of concentration in minutes,
b,d,e = dimensionless coefficients based on the specific rainfall return period (Table 6.3 and 6.4)
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
6
TABLE 6.3 – Intensity Coefficient Table - Collin County
2-Year 5-Year 25-Year 100-year
b 50.523 64.259 76.069 86.709
d 9 11 11 11
e 0.79822 0.78901 0.75875 0.73702
TABLE 6.4 – Intensity Coefficient Table - Denton County
2-Year 5-Year 25-Year 100-year
b 50.455 65.467 78.538 95.776
d 9 11 11 12
e 0.80553 0.79891 0.76912 0.7566
E. Unit Hydrograph Method
Unit Hydrograph Methods may be used to compute storm water discharges for all watersheds, no matter the size,
and shall exclusively be used to compute storm water discharges produced by (1) watersheds where large,
regional storm water detention facilities exist or are anticipated upstream of the project, or (2) all watersheds
larger than 200 acres.
1. Two unit hydrograph methods are acceptable to use in the Town of Prosper: the NRCS (formerly SCS)
Dimensionless Unit Hydrograph Method and the Snyder’s Unit Hydrograph Method. Any other method
shall be based upon standard and accepted Engineering Principles normally used in the profession,
and subject to the approval of the Deputy Director of Engineering Services prior to use.
2. The unit hydrograph method shall be based upon fully developed watershed conditions assuming no
effects from small on-site detention facilities for maintaining peak rate of runoff. The detention effects
of large regional detention facilities can be taken into account in unit hydrograph methods.
3. Circumstances that may require the use of a unit hydrograph method include open channels, reclaiming
floodplains, creating lakes, regional detention/retention facilities or building other types of drainage
related facilities on major drainage courses. Design engineers of these types of facilities should be
aware that designing for fully developed watershed conditions shall require calculation of fully
developed flows instead of flows used from Federal Emergency Management Agency’s (FEMA) flood
insurance studies for the Town of Prosper. Use of rational method is allowed for design of storm sewer
within the project area.
F. Hydrologic Computer Programs
HEC-HMS shall be used in developing all hydrologic models. Other hydrologic models may be used upon
approval from the Deputy Director of Engineering Services. The following criteria should be used:
a. 24-hour storm duration using an SCS Type II distribution.
b. Rainfall Intensity values calculated using coefficients provided in Tables 6.3 and 6.4.
Quick Reference: Tc 10 I100 = 9.20 in/hr
Tc 15 I100 = 7.86 in/hr
Quick Reference: Tc 10 I100 = 9.24 in/hr
Tc 15 I100 = 7.91 in/hr
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
7
c. TC values shall be calculated as shown in Section 6.02C.
d. The SCS Runoff Curve Number (CN) used shall be based on fully developed watershed conditions.
CN values for urban areas are provided in Table 6.5. Reference NRCS TR-55: Urban Hydrology for
Small Watersheds for other area types.
TABLE 6.5 – Runoff Curve Numbers for Urban Areas
Cover type and hydrologic condition Average percent
impervious area 2 A B C D
Cultivated Land:
Without conservation treatment 72 81 88 91
With conservation treatment 62 71 78 81
Pasture or range land:
Poor condition 68 79 86 89
Good condition 39 61 74 80
Meadow:
Good condition 30 58 71 78
Wood or forest land:
Thin stand, poor cover 45 66 77 83
Good cover 25 55 70 77
Open space (lawns, parks, golf courses, cemeteries,
etc.)3
Poor condition (grass cover < 50%) 68 79 86 89
Fair condition (grass cover 50% to 75%) 49 69 79 84
Good condition (grass cover > 75%) 39 61 74 80
Impervious areas:
Paved; curbs and storm drains (excluding right-of-way) 98 98 98 98
Paved; open ditches (including right-of-way) 83 89 92 93
Gravel (including right-of-way) 76 85 89 91
Dirt (including right-of-way) 72 82 87 89
Urban districts:
Commercial and business 85% 89 92 94 95
Industrial 72% 81 88 91 93
Residential districts by average lot size:
1/8 acre or less (town house) 65% 77 85 90 92
1/4 acre 38% 61 75 83 87
1/3 acre 30% 57 72 81 86
1/2 acre 25% 54 70 80 85
1 acre 20% 51 68 79 84
2 acres 12% 46 65 77 82
Developing urban areas and newly graded areas
(previous areas only, no vegetation) 77 86 91 94
1 Average runoff condition, and Ia=0.2S
2 The average percent impervious area shown was used to develop the composite CNs. Other assumptions
are as follows: impervious areas are directly connected to the drainage system, impervious areas have a CN
of 98, and pervious areas are considered equivalent to open space in good hydrologic condition. If the
impervious area is not connected, the SCS method has an adjustment to reduce the effect.
3 CNs shown are equivalent to those of pasture. Composite CNs may be computed for other combinations of
open space cover type.
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
8
All studies and reports using this information shall be submitted to the Town of Prosper for review in both a hard
copy report and electronic format. Input and output shall be summarized in all reports.
6.04. Street Flow/Capacity
A. Street Flow Limitations
Street capacities shall be designed for the 100-year design storm. The depth of flow in the streets shall follow
the limitations in Table 6.6, and shall at no time exceed the top of curb. Inserting the slope (S, ft/ft) into the
equations shown on Table 6.7, based on the type of thoroughfare and paving section, provide capacity for
streets to comply with the above requirement.
TABLE 6.6 – Water Spread Limits for Roadways During 100-year Storm Event
Street Classification Limits of Water Spread
Major Thoroughfare (6LD) One 12-foot lane shall remain open (“dry lane”) in each direction
Minor Thoroughfare (4LD) One 9-foot lane shall remain open (“dry lane”) in each direction
Collector Road (3L, 2LC) To top of curb
Residential Road (2LN) To top of curb
Alley 100-yr storm contained within edge of pavement
TABLE 6.7 – Capacity of Parabolic Crown Streets
Type of
Thoroughfare
Cross Fall/
Crown Height
Paving Section
(Curb Fact to
Curb Face)
Street Capacity
(ft3/sec)
Street Capacity
to Crown
(ft3/sec)
Gutter Capacity
(ft3/sec)
2LC 6” crown 36’ Q=151.46*(S1/2) Q=151.46*(S1/2) Q=75.3*(S1/2)
2LN 5” crown 30’ Q=203.13*(S1/2) Q=93.14*(S1/2) Q=46.57*(S1/2)
Inlets shall be placed upstream of all intersections to minimize cross flow. No flow shall be allowed to cross or
bypass inlets at an intersection between two thoroughfares. Residential and collector road intersections shall be
designed for flow to not exceed two (2) inches in height across a valley gutter.
6.05. Inlet Design
A. Gutter Flow
Curb inlets shall be placed to ensure that the 100-year flow in a roadway does not exceed the water spread
limitation requirements and shall generally follow the design guidance for gutter flow hydraulics published
in HEC-22, 3rd Edition, Urban Drainage Design Manual. The following form of the Manning’s equation should
be used to evaluate gutter flow hydraulics:
ܳൌ0.56
݊ ൨ ܵݔଵ. ܵ .ହ ܶ ଶ.
Q = Flow rate (cfs)
Sx = Cross slope (ft/ft)
S = Longitudinal slope (ft/ft)
T = Width of flow (ft)
n = Manning’s roughness coefficient
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
9
Depth of flow in the gutter can be calculated using the following modified form of the equation above:
ݕ ൌܼሺܳ݊ܵ௫
ܵ ଵ ଶൗ ሻଷ ଼ൗ
yo = depth of water in the curb and gutter cross section (ft)
Z = 1.24
Water Spread or ponding width can be calculated as:
ܶൌ ݕ
ܵ
Figure 6.1 shows typical gutter cross sections.
FIGURE 6.1 – Typical Gutter Cross Sections
B. Inlet Capacity Calculations on Grade
Curb opening heights vary in dimension, however, a typical maximum height is approximately 4 to 6 inches.
The length of the curb-opening inlet required for total interception of gutter flow on a pavement section with
a uniform cross slope is expressed by the equation below:
ܮ ் ൌ 0.60ܳ
.ସଶܵ .ଷ ൬ 1
݊ܵ௫
൰
.
LT = Required length of inlet (ft)
Q = Total flow in the roadway (cfs)
S = Roadway longitudinal slope (ft/ft)
Sx = Cross slope (ft/ft)
To determine the capacity of a curb inlet on grade, first determine the ratio of the flow in the locally
depressed gutter section to the total flow in the road.
ܧ ൌ1
ە
۔
ۓ
1ܵ௪
ܵ௫
൦ቌ1
ܵ௪ ܵ௫ൗ
൫ܶ ܹൗ൯െ1ቍ
ଶ.
െ1൪
ିଵ
ۙ
ۘ
ۗ
൘
Eo = Ratio of flow in the depressed gutter to the total flow
Sw = Gutter cross slope (ft/ft)
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
10
Sx = Roadway cross slope (ft/ft)
T = Width of flow in roadway (ft)
W = Width of depressed gutter section (ft)
Then calculate the equivalent cross slope at the depressed curb inlet opening.
ܵ ൌܵ௫ ܽ
ܹ ܧ
Se = Equivalent cross slope (ft/ft)
Sx = Roadway cross slope (ft/ft)
a = Gutter Depression Depth (ft)
W = Width of depressed gutter section (ft)
Eo = Ratio of flow in the depressed gutter to the total flow
Then calculate the inlet length required to capture 100% of the gutter flow.
The efficiency of a curb inlet opening shorter than LT is:
ܧൌ1െ൬1െ ܮ
ܮ ்
൰
ଵ.଼
E = Inlet efficiency
L = Length of the curb inlet opening (ft)
LT =Required length of inlet to capture 100% of the roadway flow (ft)
The total flow captured by the curb inlet is:
ܳ ൌܧܳ
Qi = Flow capture by inlet (cfs)
E = Inlet efficiency
Q = Total flow in the roadway (cfs)
Tables 6.8 - 6.12 show the capacity of inlets on straight crown streets, parabolic crown streets and
common grate combinations for inlets on grade.
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
11
TABLE 6.8 – Capacity of Inlets for Straight Crown Streets
RECESSED AND STANDARD ON GRADE CURB INLET (1/4”
per Foot Cross Slope)
RECESSED AND STANDARD ON GRADE CURB INLET (3/8”
per Foot Cross Slope)
Inlet Length Gutter Slope Inlet Capacity Inlet Length Gutter Slope Inlet Capacity
8’ 6% 3.8 cfs 8’ 6% 4.0 cfs
8’ 3% 4.0 cfs 8’ 3% 4.3 cfs
8’ 2% 4.2 cfs 8’ 2% 4.5 cfs
8’ 1% 4.4 cfs 8’ 1% 4.8 cfs
8’ 0.6% 4.7 cfs 8’ 0.6% 5.2 cfs
10’ 6% 4.8 cfs 10’ 6% 5.2 cfs
10’ 3% 5.1 cfs 10’ 3% 5.6 cfs
10’ 2% 5.4 cfs 10’ 2% 6.0 cfs
10’ 1% 5.7 cfs 10’ 1% 6.4 cfs
10’ 0.6% 6.2 cfs 10’ 0.6% 6.9 cfs
12’ 6% 6.0 cfs 12’ 6% 6.5 cfs
12’ 3% 6.4 cfs 12’ 3% 7.0 cfs
12’ 2% 6.8 cfs 12’ 2% 7.5 cfs
12’ 1% 7.3 cfs 12’ 1% 8.2 cfs
12’ 0.6% 7.8 cfs 12’ 0.6% 8.7 cfs
Notes:
1. Sage inlets will be designed to accept no more than two (2) cfs per foot of opening.
2. Inlet capacities for other gutter slopes not listed may be interpolated.
TABLE 6.9 – Capacity of Inlets for Parabolic Crown Streets
STANDARD ON GRADE CURB INLET
(6” Parabolic Crown)
STANDARD ON GRADE CURB INLET
(5” Parabolic Crown)
STANDARD ON GRADE CURB INLET
(4” Parabolic Crown)
Inlet
Length
Gutter
Slope
Inlet
Capacity
Inlet
Length
Gutter
Slope
Inlet
Capacity
Inlet
Length
Gutter
Slope
Inlet
Capacity
8’ 6% 4.2 cfs 8’ 6% 4.2 cfs 8’ 6% 4.1 cfs
8’ 3% 4.5 cfs 8’ 3% 4.5 cfs 8’ 3% 4.4 cfs
8’ 2% 4.8 cfs 8’ 2% 4.8 cfs 8’ 2% 4.6 cfs
8’ 1% 5.2 cfs 8’ 1% 5.2 cfs 8’ 1% 5.0 cfs
8’ 0.6% 5.6 cfs 8’ 0.6% 5.6 cfs 8’ 0.6% 5.3 cfs
10’ 6% 5.6 cfs 10’ 6% 5.6 cfs 10’ 6% 5.3 cfs
10’ 3% 6.0 cfs 10’ 3% 6.0 cfs 10’ 3% 5.7 cfs
10’ 2% 6.5 cfs 10’ 2% 6.5 cfs 10’ 2% 6.1 cfs
10’ 1% 7.0 cfs 10’ 1% 7.0 cfs 10’ 1% 6.6 cfs
10’ 0.6% 7.5 cfs 10’ 0.6% 7.5 cfs 10’ 0.6% 7.1 cfs
12’ 6% 7.0 cfs 12’ 6% 7.0 cfs 12’ 6% 6.6 cfs
12’ 3% 7.5 cfs 12’ 3% 7.5 cfs 12’ 3% 7.2 cfs
12’ 2% 8.2 cfs 12’ 2% 8.2 cfs 12’ 2% 7.5 cfs
12’ 1% 9.0 cfs 12’ 1% 9.0 cfs 12’ 1% 8.4 cfs
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
12
12’ 0.6% 9.6 cfs 12’ 0.6% 9.6 cfs 12’ 0.6% 9.0 cfs
Notes:
3. Sage inlets will be designed to accept no more than two (2) cfs per foot of opening.
4. Inlet capacities for other gutter slopes not listed may be interpolated.
TABLE 6.10 – Capacity of Two Grate Combination Inlet on Grade
Flow
(Cubic
Feet per
Second)
Gutter Slope Flow
(Cubic
Feet per
Second)
Gutter Slope
0.6% 1.0% 2.0% 3.0% 6.0% 0.6% 1.0% 2.0% 3.0% 6.0%
1 10 62% 61% 61% 60% 59%
1.5 84% 83% 11 61% 61% 60% 59% 58%
2 78% 77% 12 61% 60% 59% 58% 57%
2.5 75% 74% 73% 73% 13 60% 59% 58% 57% 56%
3 73% 72% 71% 70% 70% 14 59% 58% 57% 56% 56%
3.5 72% 71% 69% 68% 68% 15 58% 58% 57% 56% 56%
4 70% 69% 68% 68% 67% 20 57% 56% 56% 55% 54%
5 68% 67% 67% 66% 65% 25 54% 54% 54% 54%
6 67% 66% 65% 64% 63% 30 54% 54% 54%
7 65% 64% 64% 63% 62% 35 54% 53%
8 64% 63% 62% 62% 61% 40 53% 53%
9 63% 63% 62% 61% 60% 45 52% 52%
Note: Capacity percentages not listed may be interpolated.
TABLE 6.11 – Capacity of Three Grate Combination Inlet on Grade
Flow
(Cubic
Feet per
Second)
A. Gutter Slope Flow
(Cubic
Feet per
Second)
B. Gutter Slope
0.6% 1.0% 2.0% 3.0% 6.0% 0.6% 1.0% 2.0% 3.0% 6.0%
1 100% 100% 10 69% 67% 66% 65% 64%
1.5 100% 100% 11 68% 67% 65% 64% 63%
2 93% 90% 87% 86% 12 67% 66% 64% 63% 62%
2.5 90% 87% 84% 81% 13 66% 65% 64% 63% 61%
3 86% 83% 79% 77% 75% 14 66% 64% 63% 62% 60%
3.5 83% 80% 76% 75% 73% 15 65% 64% 62% 61% 59%
4 81% 78% 75% 73% 71% 20 62% 61% 59% 59% 58%
5 77% 75% 73% 71% 70% 25 59% 58% 57% 57% 56%
6 75% 73% 71% 69% 68% 30 57% 57% 56% 56%
7 73% 71% 69% 68% 67% 35 56% 56% 54%
8 71% 69% 68% 67% 66% 40 55% 55% 54%
9 70% 68% 67% 66% 64% 45 54% 53%
Note: Capacity percentages not listed may be interpolated.
TABLE 6.12 – Capacity of Four Grate Inlet on Grade
Flow C. Gutter Slope Flow D. Gutter Slope
0.6% 1.0% 2.0% 3.0% 6.0% 0.6% 1.0% 2.0% 3.0% 6.0%
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
13
(Cubic
Feet per
Second)
(Cubic
Feet per
Second)
1 100% 10 75% 73% 70% 68% 67%
1.5 100% 100% 11 74% 72% 69% 68% 67%
2 100% 100% 97% 96% 12 74% 70% 67% 66% 66%
2.5 98% 97% 95% 87% 13 73% 70% 67% 66% 65%
3 96% 95% 85% 83% 80% 14 71% 69% 66% 65% 64%
3.5 95% 89% 83% 81% 78% 15 70% 68% 66% 65% 64%
4 90% 85% 81% 79% 77% 20 67% 66% 63% 62% 59%
5 84% 81% 78% 76% 75% 25 64% 61% 60% 58%
6 82% 79% 76% 74% 73% 30 62% 60% 58% 57%
7 80% 77% 74% 73% 71% 35 61% 59% 57% 56%
8 80% 76% 73% 71% 69% 40 58% 57% 56%
9 76% 74% 71% 70% 68% 45 56% 55%
Note: Capacity percentages not listed may be interpolated.
C. Inlet Capacity Calculations in Sag
The capacity of a curb inlet in sag depends on the water depth at the curb opening and the height of the
curb opening. The inlet operates as a weir to a depth equal to the curb opening height and as an orifice at
depths greater than 1.4 times the opening height. At depths between 1.0 and 1.4 times the opening
height, flow is in a transition stage and the capacity should be based on the lesser of the computed weir
and orifice capacities.
1. If the depth of flow in the gutter (d) is less than or equal to 1.4 times the inlet opening height (h),
(d≤1.4H), determine the length of inlet required considering weir control. Calculate the capacity of the
inlet when operating under weir conditions with the following equation:
ܳൌܥ௪ ሺܮ 1.8ܹ
ሻ݀ଵ.ହ
2. Rearrange the above equation to produce the following relation for curb inlet length required:
ܮൌቆ ܳ
ܥ௪ ݀ଵ.ହ ቇെ1.8ܹ
Q = total flow reaching inlet (cfs)
Cw = weir coefficient (3.0)
do = head at inlet opening (ft)
L = length of curb inlet opening (ft)
W = lateral width of depression (ft)
݀ ൌݖቆܳ݊ܵ௫
ܵ ଵ ଶൗ ቇ
ଷ ଼ൗ
do = depth of water in the curb and gutter cross section (ft)
Q = gutter flow rate (cfs)
n = Manning’s roughness coefficient
S = longitudinal slope (ft/ft)
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
14
Sx = pavement cross slope (ft/ft)
Z = 1.24
3. If the depth of flow in the gutter is greater than the inlet opening height (d>H), determine the length of
inlet required considering orifice control. The equation for interception capacity of a curb opening as
an orifice follows:
ܳൌܥ ݄ܮඥ2݃݀
Q = total flow reaching inlet (cfs)
Co = orifice coefficient = 0.70
h = depth of opening (ft) (this depth will vary slightly with the inlet detail used)
L = length of curb opening inlet (ft)
g = acceleration due to gravity = 32.2 ft/s2
de = effective head at the centroid of the orifice (ft) de=d – h/2
Rearranging the equation allows a direct solution for required length:
ܮൌ ܳ
ܥ ݄ඥ2݃݀
4. If both steps 1 and 2 were performed (i.e., h<d≤1.4h), choose the larger of the two computed lengths
as being the required length.
5. Select a standard inlet length that is greater than the required length, a minimum ten foot (10’)
opening, and shall have a minimum twenty-one inch (21”) lateral.
6. Table 6.13 shows the capacity of common grate combination sizes for inlets at a sag.
TABLE 6.13 – Capacity of Grate Combination Inlet at Sag
Grate
Combination Inlet
Size
Max.
Depth of
Flow
(Feet)
Inlet
Cap.
Grate
Combination
Inlet Size
Max.
Depth of
Flow
(Feet)
Inlet
Cap.
Grate
Combination
Inlet Size
Max.
Depth of
Flow
(Feet)
Inlet
Cap.
2 0.6 15 cfs 3 0.6 22 cfs 4 0.6 29 cfs
2 0.5 13 cfs 3 0.5 18 cfs 4 0.5 24 cfs
2 0.4 10 cfs 3 0.4 15 cfs 4 0.4 20 cfs
2 0.3 8 cfs 3 0.3 12 cfs 4 0.3 16 cfs
2 0.2 6 cfs 3 0.2 9 cfs 4 0.2 11 cfs
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
15
D. Wye Inlet Capacity Calculations (weir)
ܳ
ܲ ൌ3.1݀ଷ ଶൗ
Q = flow (cfs)
P = perimeter of opening (ft)
d = depth (ft)
Wye (drop) inlets shall be located to collect water on non-paved areas where it is not practical to use a
headwall. Table 6.14 shows the capacity for common drop inlet sizes of wye inlets.
TABLE 6.14 – Capacity of Wye Inlets
Standard
Drop Inlet
Size
Max.
Depth of
Flow
(Feet)
Inlet
Capacity
Standard
Drop Inlet
Size
Max.
Depth of
Flow
(Feet)
Inlet
Capacity
Standard
Drop Inlet
Size
Max. Depth
of Flow
(Feet)
Inlet
Capacity
2’ X 2’ 1.0 22 cfs 3’ X 3’ 1.0 33 cfs 4’ X 4’ 1.0 44 cfs
2’ X 2’ 0.9 19 cfs 3’ X 3’ 0.9 28 cfs 4’ X 4’ 0.9 37 cfs
2’ X 2’ 0.8 16 cfs 3’ X 3’ 0.8 23 cfs 4’ X 4’ 0.8 32 cfs
2’ X 2’ 0.7 14 cfs 3’ X 3’ 0.7 19 cfs 4’ X 4’ 0.7 26 cfs
2’ X 2’ 0.6 10 cfs 3’ X 3’ 0.6 15 cfs 4’ X 4’ 0.6 20 cfs
2’ X 2’ 0.5 8 cfs 3’ X 3’ 0.5 12 cfs 4’ X 4’ 0.5 16 cfs
2’ X 2’ 0.4 6 cfs 3’ X 3’ 0.4 8 cfs 4’ X 4’ 0.4 11 cfs
2’ X 2’ 0.3 4 cfs 3’ X 3’ 0.3 5 cfs 4’ X 4’ 0.3 7 cfs
2’ X 2’ 0.2 2 cfs 3’ X 3’ 0.2 3 cfs 4’ X 4’ 0.2 4 cfs
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
16
E. Curb Inlet Placement
1. Placing several curb inlets at a single location is only permitted in areas with steep grades (4% or
greater) to prevent flooding and avoid exceeding street capacity in flatter reaches downstream.
2. No more than twenty feet (20’) of inlet shall be constructed at one location along one curb line.
3. Curb inlets shall be placed upstream from street intersections.
4. An emergency overflow path shall be provided on the plans for sag locations. An emergency overflow
path is the path the storm water will take if the drainage facility becomes clogged or ceases to function
as designed. The emergency overflow path must be located within public right-of-way or within a
drainage easement on developed property and shall provide relief prior to water exceeding typical right-
of-way elevation.
a. An emergency overflow path shall include a minimum 3-foot concrete flume. See section
6.14.2 for easement and placement requirements.
b. Concrete flume can be eliminated at discretion of Deputy Director of Engineering Services if
evidence provided to assure Town that property owner would not alter grades. This can be
done with CC&R language having HOA police and enforce overflow path design or similar.
5. Inlets are required at the beginning and/or end of a superelevation to prevent flow across the roadway.
F. The Inlet Spreadsheet provided in Figure 6.2 shall be provided with the construction plans for review by the
Town. The spreadsheet provided is a minimum, more information may be provided in the Inlet Spreadsheet.
A description of each of the columns shown is provided below:
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
17
FIGURE 6.2 – Inlet Calculations
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
18
Column A: Inlet number.
Column B: Inlet station number.
Column C: Design storm.
Column D: Time of concentration (minutes).
Column E: 100-year Intensity (in/hr).
Column F: Runoff Coefficient (C).
Column G: Drainage area size (acres).
Column H: 100-year runoff, Q=CIA (cfs).
Column I: 100-year flow reaching the inlet from the upstream inlet (cfs).
Column J: 100-year total gutter flow (Column 8 + Column 9) (cfs).
Column K: Longitudinal slope of the approach gutter (ft/ft).
Column L: Street capacity based on Manning’s equation. For sag inlets calculate the street capacity for
both the lower and higher station sides of the inlet and use the greater of the two.
Column M: Total ROW capacity as a function of the cross-sectional area of the ROW at the inlet. For
sag inlets, the total ROW capacity on the lower station side of the inlet.
Column N: Street crown section type (straight crown or parabolic).
Column O: Length of the inlet (feet).
Column P: Inlet type.
Column Q: Total capacity of the inlet (cfs).
Column R: Flow from upstream (cfs).
Column S: Flow continuing to downstream inlet (cfs).
Column T: Downstream inlet number.
Column U: Important comments relating to the inlet.
6.06. Closed Conduit Systems (Storm Sewers)
A. Design flow
A storm sewer's size, shape, slope, and friction resistance controls its hydraulic capacity. All enclosed
systems shall be hydraulically designed and all required calculations shall be provided in the civil
construction plans. The hydraulic gradient shall be calculated using the design flow, appropriate pipe size,
and Manning’s equation:
ܳൌ൬1.486
݊ ൰ ܣ ቀܴଶ ଷൗ ቁቀܵ ଵ ଶൗቁ
Q = runoff rate (cfs)
A = cross sectional area of the conduit (ft2)
n = Manning’s roughness coefficient (0.013 for concrete)
R = hydraulic radius (ft) (Area of conduit divided by wetted perimeter, R=A/P)
S = Slope of the hydraulic gradient (ft/ft)
B. Hydraulic Gradient
Conduits must be sized and slopes must be set such that runoff flows smoothly down the drainage system.
To insure this smooth passage, the hydraulic gradient must be at the proper elevations. The proper starting
elevation of the hydraulic gradient shall be set according to the applicable criteria listed below:
1. When a proposed conduit is to connect to an existing storm sewer, the hydraulic gradient of the
proposed storm sewer should start at the elevation of the hydraulic gradient of the existing storm
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
19
sewer based on an evaluation of the existing storm sewer with respect to the requirements found
in this section. This criterion will be used for existing systems whether or not they are designed in
accordance with this article.
2. When a proposed conduit enters an open channel, creek or flood control sumps, the 100-year
hydraulic gradient of the proposed conduit should start at the 25-year water surface elevation of
the receiving channel or creek when the ratio of the drainage area of the receiving creek (at the
development) to the development area is 15 or greater. For ratios of less than 15, the 100-year
water surface will be used on the receiving creek. Not only is it important to use the proper starting
elevation for the hydraulic gradient, but proper hydraulic gradient elevations must be maintained
for the length of the conduit. The inside top of the conduit should be at or below the hydraulic
gradient. However, effort should be made to keep the top of the pipe as close to the hydraulic
gradient as possible so that deep excavations to lay pipe are not required.
The hydraulic gradient shall be kept one foot below the top of curb. If this cannot be obtained, the
hydraulic gradient shall be at least 1.5 V12/2g feet below the gutter line, where V1 is the velocity in
the lateral.
C. Hydraulic Design
1. The hydraulic grade line (HGL) must be calculated for all storm sewer mains and laterals using
appropriate head loss equations. In all cases, the storm sewer HGL must be at least one foot (1’) below
top of curb at each inlet.
2. In partial flow conditions, the HGL represents the actual water surface within the pipe. The velocity of
the flow should be calculated based on actual area of flow, not the full flow area of the pipe or box.
3. Unless partial flow conditions exist, the beginning hydraulic gradient shall begin at either the inside top
of the pipe or at the hydraulic gradient of the receiving stream at the coincident frequency, whichever
is higher.
D. Lateral Design
1. The HGL shall be calculated for all proposed laterals and inlets, and for the existing laterals being
connected into a proposed drainage system.
2. Laterals shall intersect the storm sewer at 60 degree angles. Connecting more than one lateral into a
storm drain at the same joint localizes head losses; however, a manhole or junction structure must be
provided. An exception to this rule may be considered when the diameter of the main line is more than
twice as great as the diameter of the largest adjoining lateral.
3. Laterals shall not connect into downstream inlets.
4. All wye inlets and curb inlets ten feet (10’) or larger shall have twenty-one inch (21”) laterals as a
minimum. All other curb inlets shall have eighteen inch (18”) laterals as a minimum. Laterals shall be
designed with future developed conditions in mind to facilitate extensions and increased flows.
E. Velocity Head Losses (HL)
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
20
1. Adjustments are made in the HGL whenever the velocity in the main changes due to conduit size
changes or discharge changes.
2. In determining the HGL for the lateral, begin with the hydraulic grade of the trunk line at the junction
plus the HL due to the velocity change. Where the lateral is in full flow, the hydraulic grade is projected
along the friction slope calculated using Manning’s Equation.
3. HL losses or gains for pipe size changes, and other velocity changes will be calculated by the following
formula:
ܪ ൌ ቈሺܸଶ ሻଶ
2݃ െ ቈሺܸଵሻଶ
2݃
HL = Head loss or gain (ft)
V1 = Upstream velocity (fps)
V2 = Downstream velocity (fps)
g = Gravity constant (32.2 ft/s2)
4. HL for pipe in full flow at manholes, bends, and inlets, where the flow quantity remains the same, shall
be calculated as follows:
ܪ ൌܭ ቈܸ ଶ
2݃
HL = Head loss or gain (ft)
V = Velocity in the lateral (fps)
g = Gravity constant (32.2 ft/s2)
Kj = Coefficient of loss per Table 6.15
5. Head losses or gains at wyes, manholes and junction boxes where there is an increase in flow quantity
shall be calculated as follows:
ܪ ൌ ቈሺܸଶ ሻଶ
2݃ െܭ ቈሺܸଵ ሻଶ
2݃
HL = Head loss or gain (ft)
V1 = Upstream velocity (fps)
V2 = Downstream velocity (fps)
g = Gravity constant (32.2 ft/s2)
Kj = Coefficient of loss per Table 6.15
Pipe size changes associated with a wye connection shall be omitted from HGL computations.
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
21
Table 6.15 Velocity Head Loss in Closed Conduits
Inlet
Schematic Kj
1.25
Manhole at Change in Pipe Direction
Schematic Angle Kj
90° 0.55
60° 0.48
45° 0.42
30° 0.30
0° 0.05
Bend in Pipe
Schematic Angle Kj
60° 0.45
45° 0.35
30° 0.20
Pipe Wyes
Schematic Angle Kj
with MH Without MH
22 ½° 0.75 0.95
45° 0.50 0.75
60° 0.35 0.60
90° 0.25 0.50
F. Storm Sewer Calculation Spreadsheet
The Engineer shall include a completed Storm Sewer Calculations Spreadsheet in the construction plans.
An example spreadsheet can be found in Figure 6.3.
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
22
FIGURE 6.3 – Storm Sewer Calculation
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
23
G. Storm Sewer
1. Alignments of proposed storm sewer systems shall use existing easements and right-of-way. If located
within an easement, the storm sewer shall be centered within the easement. If located within right-of-
way, the centerline of the storm sewer shall be located under paving seven feet (7’) from the back of
curb. No part of the storm sewer is to be designed within the lime treated subgrade of a proposed
pavement.
2. At points of change in storm sewer size, pipe crowns (soffits) shall be set at the same elevation.
3. Horizontal and vertical curve design for storm sewers shall take into account joint closure.
4. A minimum full flow velocity of two and a half feet per second (2.5 fps) and a minimum slope of one
half percent (0.3%) shall be maintained in the pipe unless otherwise approved by the Deputy Director
of Engineering Services.
5. Only standard sizes shall be used. The minimum allowable pipe size is eighteen inches (18”) for public
storm sewer. Pipe sizes shall not be decreased in the downstream direction, unless otherwise approved
by the Deputy Director of Engineering Services.
6. The minimum grades shown in Table 6.16 will be maintained in the pipe.
TABLE 6.16 – Minimum Grades for Concrete Pipes
Pipe Diameter
(Inches)
Slope
(Feet/100 Feet)
Pipe Diameter
(Inches)
Slope
(Feet/100 Feet)
18 0.180 51 0.045
21 0.150 54 0.041
24 0.120 60 0.036
27 0.110 66 0.032
30 0.090 72 0.028
33 0.080 78 0.025
36 0.070 84 0.023
39 0.062 90 0.021
42 0.056 96 0.019
45 0.052 102 0.018
48 0.048 108 0.016
7. Laterals shall be connected to trunk lines using manholes or manufactured wye connections. Special
situations may require laterals to be connected to trunk lines by a cut-in (punch-in). However, such cut-
ins must be approved by the Deputy Director of Engineering Services.
8. Vertical curves in the storm pipe will not be permitted, and horizontal curves must meet manufacturer's
requirements for offsetting of the joints.
9. The cover over the crown of circular pipe and box culverts shall be at least two feet from proposed top
of pavement, or from ground surface when no pavement is anticipated. As a general rule and being the
responsibility of the design engineer, the pipe cover should be based on the type of pipe used, the
expected loads and the supporting strength of the pipe. Direct traffic box sections or less than required
cover may be allowed in special situations with the approval of the Deputy Director of Engineering
Services.
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
24
10. Corrugated metal and plastic pipe will not be allowed beneath pavement in public drainage easements
and rights-of-way. Plastic pipe can be used in other locations only if authorized by the Deputy Director
of Engineering Services.
11. In situations where only the downstream portion of an enclosed storm sewer system is being built, stub-
outs for future connections must be included.
12. The required storm sewer and inlet capacity to meet existing and future needs, if applicable, shall be
provided.
H. Manhole Placement
The following is a list of guidelines governing the placement of storm sewer manholes to ensure adequate
accessibility of storm drainage system:
1. Storm sewer lines shall have points of access no more than five hundred feet (500’) apart. For pipes
forty-eight inches and larger access points shall be provided every one thousand feet (1,000’). A
manhole shall be provided where this condition is not met.
2. A manhole shall be required where two or more pipes connect into a main at the same joint.
3. Trunk line size changes for lines with a diameter difference greater than 24 inches.
4. Vertical alignment changes where the algebraic slope difference ≥ 5%. No vertical bends allowed.
5. Future collection points as determined by the Deputy Director of Engineering.
I. Outfall Design
The Engineer shall demonstrate the drainage from the site is conveyed to an adequate outfall. An adequate
outfall is a structure or location that is adequately designed as to not cause adverse flooding conditions,
erosion, or any other adverse impacts. An adequate outfall shall also have capacity to convey the increased
runoff.
1. All outfalls shall be designed with appropriate headwalls or outfall structures.
2. A stage-discharge curve shall be developed for the full range of flows that the structure would
experience.
3. The maximum discharge velocities of the storm pipe shall not exceed the permitted velocity of the
receiving channel or conduit at the outfall to prevent erosive conditions. The maximum outfall velocity
of a conduit in partial flow shall be computed for partial depth and shall not exceed the maximum
permissible velocity of the receiving channel unless controlled by an appropriate energy dissipater (e.g.
stilling basins, impact basins, riprap protection).
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
25
6.07. Open Channel Design
Excavated open channels may be used to convey storm waters where the construction costs and/or long-
term maintenance cost involved with a closed storm sewer system is not justified economically. Open
channels shall be designed to convey the full design discharge.
The allowable excavated channel cross section is shown in Figure 6.4. the roughness coefficients allowed
for various types of excavated channel cover are shown in Table 6.17. These maximum coefficients do not
apply for drainage facilities discharging off-site. The Engineer shall determine maximum discharge
velocities.
Figure 6.4 - Open Channels – Excavated
A. Unlined, unvegetated excavated channels are not allowed. Construction of excavated channels will not be
considered complete until the channel banks are stabilized. Vegetation selected for channel cover must
conform with allowable vegetation from the Landscaping Approved Materials List.
B. Supercritical flow shall not be allowed in channels except at drop structures and other energy dissipaters.
C. At transitions in channel characteristics maximum velocities must be analyzed. Velocities should be reduced
to prevent erosion using either energy dissipaters and/or wider less steep channel.
D. Channel armoring for erosion control shall be provided where deemed necessary by the Deputy Director of
Engineering Services.
E. Minimum channel bottom widths are recommended to be equal to twice the depth of flow of the channel.
Compound channels are encouraged (See 6.07.L) and channel bottoms of each section should reflect
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
26
corresponding storm event flows. Any permanent open channel shall have a minimum bottom width of five
feet (5’).
F. If the channel cannot be maintained from the top of the bank, a maintenance access ramp shall be provided
and included within the drainage easement.
G. All open channels require a minimum freeboard of one foot (1’) above the one-hundred (100) year water
surface elevation or below top of bank, whichever is greater.
H. The minimum slope for an excavated improved channel is one percent (1%) unless a pilot channel is
constructed, or otherwise approved by the Deputy Director of Engineering Services.
I. Earthen sides above the lined section or totally earthen channels shall be on at least a four horizontal to
one vertical (4:1) slopes and shall have approved ground cover to prevent erosion.
J. Channels can be designed with natural meanders improving both aesthetics and pollution removal through
increased contact time.
K. Grass channels generally provide better habitat than hardened channel sections, though studies have
shown that riprap interstices provide significant habitat as well. Velocities should be carefully checked at
design flows and the outer banks at bends should be specifically designed for increased shear stress and
super elevation.
L. Compound sections can be developed to carry the annual flow in the lower section and higher flows above
them. Figure 6.5 illustrates a compound section that carries the 2-year and 100-year flows within banks.
This reduces channel erosion at lower flows, and meandering, self-forming low flow channels that attack
banks. The shelf in the compound section should have a minimum 12:1 slope to ensure drainage.
FIGURE 6.5 - Compound Channel
The 2-year channel section shall mimic natural stream sinuosity meander within the full channel section.
Landscaping in accordance with landscape design section shall be allowed along the compound channel
shelf.
M. Table 6.17 provides allowable ranges for roughness coefficients of open channels.
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
27
Table 6.17 - Channel Roughness Coefficients
Channel Description Roughness Coefficient
Minimum Normal Maximum
Minor Natural Streams
Moderately Well Defined Channel
Grass and weeds, little brush 0.025 0.030 0.033
Dense wees, little brush 0.030 0.035 0.040
Weeds, light brush on banks 0.030 0.035 0.040
Weeds, heavy brush on banks 0.035 0.050 0.060
Weeds, dense willows on banks 0.040 0.060 0.080
Irregular Channel with Pools and Meanders
Grass and weeds, little brush 0.030 0.036 0.042
Dense weeds, little brush 0.036 0.042 0.048
Weeds, light brush on banks 0.036 0.042 0.048
Weeds, heavy brush on banks 0.042 0.060 0.072
Weeds, dense willows on banks 0.048 0.072 0.096
Flood Plain, Pasture
Short grass, no brush 0.025 0.030 0.035
Tall grass, no brush 0.030 0.035 0.050
Flood Plain, Cultivated
No crops 0.025 0.030 0.035
Mature crops 0.030 0.040 0.050
Flood Plain, Uncleared
Heavy weeds, light brush 0.035 0.050 0.070
Medium to dense brush 0.070 0.100 0.160
Trees with flood stage below branches 0.080 0.100 0.120
Major Natural Streams
Moderately well-defined channel 0.025 --- 0.060
Irregular channel 0.035 --- 0.100
Unlined Vegetated Channels
Mowed grass, Clay soil 0.025 0.030 0.035
Mowed grass, Sandy soil 0.025 0.030 0.035
Unlined Unvegetated Channels
Clean gravel section 0.022 0.025 0.030
Shale 0.025 0.030 0.035
Smooth rock 0.025 0.030 0.035
Lined Channels
Smooth finished concrete 0.013 0.015 0.020
Riprap (rubble) 0.300 0.400 0.500
N. Water surface elevations and flow velocities in channels are impacted by the maintenance condition in the
channel. Calculations shall be performed assuming maintained and unmaintained vegetative conditions.
Lower (maintained) Manning’s values shall be used to determine maximum velocities, while higher
(unmaintained) Manning’s values shall be used to determine water surface elevations per Table 6.17.
O. Any channel modification must meet the applicable requirements of all Local, State and Federal regulatory
agencies.
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
28
P. Erosion prevention. All channel sections must consider and account for channel stabilization in their design.
This requirement pertains to all sections whether they are left in their natural condition or are modified in
any manner. Three sets of requirements are provided depending upon the relationship of the existing
channel to the limits of the developer/owner's property boundaries. The Deputy Director of Engineering
Services shall have the discretion to require the implementation of the portion of these requirements as
deemed necessary, depending on the specifics of the property being developed or improved or to allow the
escrow of funds sufficient to provide for the construction of a proportionate amount of channel improvements
in lieu of actual construction. This discretion may be exercised when a small section of improvements is not
deemed by the Deputy Director of Engineering Services to be economically practicable.
a. In cases where the entire channel section is contained within the limits of the developer/owner property
boundaries, the developer/owner shall:
i. Provide for an improved stabilized channel cross-section which reduces all velocities to six fps
or below for vegetated channels. The channel improvements must meet all requirements of this
article.
ii. For vegetated channel sections with channel velocities ranging from six to eight fps, construct
grade control structures within the channel and overbank areas to prevent erosion. Grade
control structures shall have a minimum effective depth of three feet below existing or proposed
grades with an adequate number of structures to prevent less than one foot of degradation.
b. In cases where the property boundary follows the centerline of the channel or incorporates only a portion
of the channel cross-section, the developer/owner shall:
i. Determine the design section required to provide for an improved stabilized channel cross-
section which reduces all velocities to six fps or below for vegetated channels. The design
channel section must meet all requirements of this article.
ii. The design section may include vegetated channel sections with channel velocities ranging
from six to eight fps, provided that grade control structures are included within the channel and
overbank areas to prevent erosion. Grade control structures shall have a minimum effective
depth of three feet below existing or proposed grades with an adequate number of structures
to prevent less than one foot of degradation.
iii. The developer/owner shall construct or escrow funds for construction of the portion of the
design improvements required on their property for the ultimate channel design. The Deputy
Director of Engineering Services shall have the discretion to determine the portion of the design
improvements to be constructed/escrowed by the developer/owner. In most instances, the
developer/owner shall construct one-half of the improvements on their property.
iv. If grade control structures are incorporated into the design, the developer/owner shall
coordinate with adjacent owners in order to construct these features in their entirety at the time
of the initial portion of the channel improvements.
v. The developer/owner shall provide for a drainage easement and access/ maintenance
easement consistent with the portion of the improvements provided.
c. In cases where the developer/owner owns property adjacent to channel or floodplain areas but does not
own a portion of the channel or floodplain area, the developer/owner shall (at the discretion of the Deputy
Director of Engineering Services):
i. Determine the channel improvement configuration necessary to meet the requirements of
subsection (b)(1) above and
ii. Shall provide a dedicated easement to the Town for the portion of this future improvement
configuration, including necessary maintenance and access easement, which will include the
developer/owner property.
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
29
Q. An erosion hazard setback shall be contained within the Drainage Easement for all existing and proposed
channels. The purpose of this set back is to reduce the potential for any damage to a private lot or street right-of-
way caused by the erosion of the bank. The erosion hazard setback shall be determined as follows, and is
provided in Figure 6.6.
1. For stream banks composed of material other than rock, locate the toe of the natural stream bank. Project a
4:1 line sloping away from the toe until it intersects finished grade. From this intersection add fifteen feet (15’)
away from the bank. This shall be the limit of the erosion hazard setback.
2. Figure 6.6 is intended to illustrate various scenarios under which the erosion hazard setback can be applied
and how it interacts with the floodplain access easement. Scenario 1 shows a situation where the setback
may be located outside the 100-year floodplain and access easement boundaries. Scenarios 2 and 3 show
locations where the erosion hazard set back will be located inside the 100-year floodplain and access
easement boundaries.
3. Any modifications within the area designated as erosion hazard setback, will require a geotechnical and
geomorphological stability analysis, and a grading permit (two separate items).
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
30
Figure 6.6 - Natural Open Channels
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
31
6.08. Culvert Design
A. All culverts, headwalls, wingwalls, and aprons shall be designed in conformance with the Town Standard
Details. The Engineer is responsible for selecting the applicable detail and culvert size.
B. Culvert calculations shall be provided to the Town for review. Calculations may include, but are not limited
to, headwall, tailwater, and flowline elevations, lowest adjacent grade and structure elevations, inlet and
outlet control calculations and velocity calculations.
C. There is no minimum freeboard requirement for culvert crossings; however, an emergency overflow path
shall be identified and provided on the construction plans. An emergency overflow path is the path the storm
water will take when the drainage facilities becomes clogged or does not function in the manner as to which
it was designed. The emergency overflow path shall be limited to public right-of-way or drainage easements.
D. Culverts should always be aligned to follow the natural stream channel. The engineer shall provide sufficient
information to analyze the upstream and downstream impacts of the culvert and illustrate the interaction of
the channel and culvert alignment.
E. The hydraulic design of culverts shall be based upon design guidelines set forth by TxDOT, the U.S.
Department of Transportation, or other suitable material.
F. Headwalls and Entrance Conditions:
1. The Engineer shall be responsible for the headwall and wingwall designs. Headwalls and endwalls refer
to the entrances and exits of structures, respectively, and are usually formed of cast-in-place concrete
and located at either end of the drainage system. Wingwalls are vertical walls, which project out from
the sides of a headwall or endwall.
2. The culvert headwater depth should be determined using the nomograph shown in Figure 6.7 below.
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
32
FIGURE 6.7 – Headwater Depth for Box Culverts with Inlet Control
3. Concrete culvert headwalls and wingwalls shall use form-liner surface finish unless otherwise approved
by the Deputy Director of Engineering Services.
6.09. Detention/Retention Basin Design
A. Town of Prosper Subdivision Ordinance and as amended requires detention within the town limits and its
ETJ.
1. On September 8, 2015, Water Detention in Doe Branch Ordinance No. 15-51 was passed waiving
detention requirements in the Doe Branch basin provided that creek stabilization is addressed and “pinch
points” are analyzed. “Pinch points” include, but are not limited to culverts under BNSF railroad and
under DNT service roads.
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
33
2. Where regional detention is not provided or locations in Doe Branch basin where infrastructure or other
conditions create restrictions that would not allow release for fully developed flow, detention meeting the
requirements of this section (6.09) shall be required.
B. Detention facilities, when required, shall be designed based upon the following minimum criteria:
1. Detention shall be provided for the 2, 5, 25, and 100-year design storms. Storage and outlet structures
shall accommodate all four-frequency storm events.
2. A non-erodible pilot channel for maintenance purposes shall be provided to convey low flow runoff from
points of concentrated inflow to the pond outlet structure if the bottom slope is less than two percent
(2%). Erosion protection must be provided adjacent to the pilot channel to prevent undermining due to
scour. The pilot channel must have a minimum slope of one half percent (0.5%).
3. No portion of the detention pond required for storage shall be located within required landscape
setbacks. No portion of detention ponds are allowed in required open spaces unless pond is for
retention and designed as a water feature.
4. The Engineer shall provide a maintenance plan for the detention facility as part of the design. The
maintenance plan shall indicate the ingress and egress locations to enter and maintain the pond,
maintenance roles and responsibilities, contact information for the party responsible for the
maintenance, and a maintenance schedule.
5. Criteria established by the State of Texas for dam safety (TAC Title 30, Part 1, Chapter 299) and
impoundment of state waters (Texas Water Code Chapter 11) shall apply where required by the state,
and where, in the Engineer’s judgement, the potential hazard requires these more stringent criteria.
C. All detention/retention facilities shall demonstrate and provide an adequate outfall in accordance with Town
Requirements.
D. Detention Storage Calculations
1. Detention facilities without upstream detention areas and with drainage areas of twenty (20) acres or
less can be designed using the Modified Rational Method otherwise the Unit Hydrograph Method shall
be used.
2. If the Unit Hydrograph Method is used, the model shall extend through the downstream point where
the proposed development creates no adverse impacts. Include existing detention facilities within the
influenced watershed.
3. No required parking space or fire lane may be located within a surface drainage pond. A maximum
depth of six inches (6”) of ponded water is allowed in the parking lot.
E. Pond and Spillway Geometry
1. Detention structures shall have a minimum of one foot (1’) of freeboard above the 100-year water
surface elevation. If one foot (1’) of freeboard increases the capacity of the pond by a factor greater
than 125% required for the 100-year water surface elevation, then the pond shall be designed to have
a freeboard up to the 125% capacity.
2. The steepest side slope permitted for a vegetated embankment is 4:1.
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
34
3. Earth embankments used to temporarily or permanently impound surface water must be constructed
according to specifications a required based on geotechnical investigations of the site and all regulatory
requirements.
4. Detention facilities shall be designed with an emergency spillway in case the primary outfall ceases to
function as designed. The spillway shall be designed to pass a minimum of the 100-year flood event.
5. It shall be the engineer of record’s responsibility to determine if a stability analysis is necessary based
on global overturning and rapid drawdown. The stability analysis shall be performed by a licensed
geotechnical engineer. Global overturning shall be based on full hydrostatic loading (at 100-year flood
stage). The stability analysis from rapid drawdown conditions shall consider saturated soil conditions
without the hydrostatic loading. A minimum factor of safety of 1.25 shall be required.
6. The detention facility bottom must be designed to provide positive drainage.
7. Access shall be provided to the banks and bottom of a detention facility for maintenance.
a. Engineer shall provide an operations and maintenance plan that will detail access.
b. Facilities with permanent pools shall address dewatering procedures.
8. It is the responsibility of the Engineer to consider pedestrian and vehicular safety in the design of
detention facilities Perimeter rails or fencing may be required.
9. Underground detention facilities shall be designed with reinforced concrete if located under fire lane.
6.10. Bridge Design Hydraulics
A. The Town requires that head losses and depth of flow through bridges to be determined with a HEC-RAS
program or other approved program. The following guidelines pertain to the hydraulic design of bridges:
1. All bridge and culvert designs shall contain the peak flow of the 100-year frequency storm based on fully
developed watershed conditions within the right-of-way or drainage easement limits.
2. Fully developed 100-year water surface must not be increased upstream of bridges and culverts based
on comparison to revised effective model, unless otherwise approved by Deputy Director of
Engineering Services.
3. Excavation of the natural pilot channel is not allowed as compensation for loss of conveyance.
4. Channelization upstream or downstream of the proposed bridge will normally only be permitted when
necessary to realign the flow to a more efficient angle of approach.
5. Side swales may be used to provide additional conveyance downstream of and through bridges.
6. Bridges are to be designed with the lowest point (low beam) low chord at least two feet (2’) above the
water surface elevation of the design storm.
B. A scour analysis shall be submitted with bridge design plans.
1. Projected changes in channel stability upstream and downstream of the structure shall be evaluated
when establishing the structure type, channel grades and crossing geometry. Appropriate stabilization
measures are required.
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
35
6.11. Energy Dissipators
A. The Engineer shall be responsible for all energy dissipation designs.
B. Rock rip-rap or gabion baskets or mattresses are required for energy dissipation. Other designs may be
considered.
C. All energy dissipation designs shall include supporting calculations showing the design is adequate. The
Town may require the Engineer to provide a hydraulic model as supporting documentation.
D. All energy dissipators should be designed to facilitate future maintenance. The design of outlet structures
in or near parks or residential areas shall give special consideration to appearance and shall be approved
by the Deputy Director of Engineering Services.
6.12. Floodplain Development Criteria
A. No new construction is allowed in floodplain areas, but construction is allowed in those areas that have
been reclaimed from the floodplain. No new construction will be allowed in floodways.
B. Floodplain alteration shall be allowed only if all the following criteria are met:
1. Flood studies shall include flows generated for existing conditions and fully-developed conditions for
the 2, 5, 10, 25, and 100-year storm events.
2. Alterations of the floodplain shall not increase the water surface elevation of the design flood of the
creek on other properties.
3. Alterations shall be in compliance with FEMA guidelines.
4. Alterations shall result in no loss of valley storage for a Major Creek, as defined by the Subdivision
Ordinance, and a fifteen percent (15%) maximum loss of valley storage for any other tributary for any
reach, except at bridge and culvert crossings where it can be proven that there are no detrimental
effects downstream.
5. Any alteration of floodplain areas shall not cause any additional expense in any current or projected
public improvements, including maintenance.
a. Alterations are prohibited if done in manner to restrict ability to build safe, efficient hike and bike
trail system as determined by the Town (for areas indicated on master hike and bike trail master
plan) or where it substantially increases the cost of such trail construction.
6. The floodplain shall be altered only to the extent permitted by equal conveyance on both sides of the
natural channel, as defined by the United States Army Corps of Engineers (USACE) in a HEC-RAS
analysis. The right of equal conveyance applies to all owners and uses. Including greenbelt, park areas,
and recreational areas. Owners may relinquish their right to equal conveyance by providing a written
agreement to the Deputy Director of Engineering Services.
7. A grading permit shall be required to perform any grading activities on site.
8. The toe of any fill shall parallel the natural direction of flow.
9. Grading activities in the floodplain shall incorporate and consider other Town planning documents and
ordinances.
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
36
C. The above criteria shall be met before any floodplain alteration may occur. Typical projects requiring a
floodplain alteration including placing fill (whether or not it actually raises the property out of the floodplain)
constructing a dam, straightening channel sections, making improvements (substantial or otherwise), to
existing structures in a floodplain in which the existing outside dimensions of the structure are increased,
and temporary storage of fill materials, supplies equipment.
D. In general, the information needed for the application shall be performing by running a backwater model,
such as HEC-2 or HEC-RAS, and a flood routing model, such as TR-20, HEC-1, or HEC-HMS. Unless a
pre-existing model is in place, HEC-HMS and HEC-RAS shall be used. The back-water information shall be
used to determine that upstream water surface elevations and erosive velocities have not increased. Flood
routing information shall be used to ensure that the cumulative effects of the reduction in floodplain storage
of floodwater will not cause downstream increases in water surface elevations and erosive velocities.
E. The Engineer is responsible for providing documentation of the relevant USACE approved permits prior to
beginning modification to the floodplain, or for providing a signed and sealed statement detailing why such
permits are unnecessary.
F. Verification of Floodplain Alterations:
1. Prior to final acceptance by the Town for a certified statement shall be prepared by a Licensed
Professional Engineer showing that all lot elevations, as developed within the subject project, meet the
required minimum finished floor elevations shown on the construction plans. This certification shall be
filed with the Deputy Director of Engineering Services.
2. In addition, at any time in the future when a building permit is desired for existing platted property which
is subject to flooding or carries a specified or recorded minimum finished floor elevation, a Registered
Professional Land Surveyor shall survey the property prior to obtaining a building permit if not previously
certified as required per 6.12.F.1. The certified survey data showing the property to be at or above the
specified elevation shall be furnished to the Deputy Director of Engineering Services for approval.
Certification of compliance with the provisions of this ordinance pertaining to specified finished floor
elevations shall be required.
3. The owner/developer shall furnish, at his expense, to the Deputy Director of Engineering Services
sufficient engineering information to confirm that the minimum finished floor elevations proposed are
as required by this ordinance. Construction permits will not be issued until a Conditional Letter of Map
Revision (CLOMR) or amendment has been accepted by the Deputy Director of Engineering Services
for submittal to FEMA. Letters of Map Revision (LOMR) shall be submitted to the Deputy Director of
Engineering Services for submittal to FEMA prior to final acceptance of the project. The contractor shall
supply to the Deputy Director of Engineering Services all necessary documentation and fees to be
forwarded to FEMA for application for a Letter of Map Amendment (LOMA) if the LOMR has not yet
become effective.
4. All submittals to FEMA shall be routed through the Engineering Department for review prior to FEMA
submittal. Upon approval, the owner/developer will provide the Town with a copy of the CLOMR or
LOMR submittal for Town records.
5. All response to FEMA comments shall be submitted to the Town prior to submittal to FEMA. The Town
will review the response to comments in a timely manner.
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
37
6.13. Erosion and Sedimentation Control
See Chapter X for requirements for Stormwater Best Management Practices and Stormwater Management
Plan.
6.14. Drainage Easements
A. The following minimum width exclusive drainage easements are required when facilities are not located
within public right-of-way or easements:
1. Storm sewers are to be located within the center of a fifteen-foot (15’) drainage easement or one and
a half (1.5) times the depth plus the width of the structure rounded up to the nearest five feet (5’),
whichever is greater.
a. Drainage easements shall not be split longitudinally by property lines and shall fall entirely on one
lot in residential developments.
b. Drainage easements shall not be split longitudinally by property lines and shall fall entirely on one
lot in non-residential developments unless under pavement and incorporated into a “Fire lane,
Access, Drainage, and Utility Easement”.
2. Flumes for overflow paths are to be located with the edge being a minimum of one foot (1’) off the
property line within a minimum ten-foot (10’) drainage easement entirely located on one lot.
a. Overflow flumes may be located in same drainage easement for underground storm pipe where
applicable.
b. Where upstream basin requiring overflow flume is less than X acres, drainage easement may be
centered down property line of two residential lots. Fences shall be allowed to be anchored in
center of flume but done in manner to not restrict overall flow.
B. Storm sewer lines are considered public if they cross property lines and collect runoff from adjacent
properties. Drainage easements shall be dedicated to the Town when a drainage system crosses a property
line. For single-family residential developments, storm sewer lines shall not cross residential lots unless
approved by the Deputy Director of Engineering Services.
C. Drainage Easements shall be dedicated for all floodplains and shall include an erosion hazard setback to
reduce the potential for damage due to erosion of the bank.
D. Drainage Easements shall be dedicated for all detention facilities.
6.15. Miscellaneous Drainage Requirements
A. Lot-to-Lot Drainage
Residential lot-to-lot surface drainage is strictly prohibited. Exceptions include areas needed for positive
overflow located within drainage easements and as approved by the Deputy Director of Engineering
Services. Figure 6.8 is provided below for reference when performing lot grading designs. Lot grading type
and finished floor elevations shall be shown on the construction plans. Type B and Type C Lot Grading must
back to alleys, open space, or a drainage easement. Type C Lot Grading may only be used with approval
from the Deputy Director of Engineering Services. Refer to the International Residential Building Code (IRC)
Section 401.3 for additional requirements.
PROPOSED
SECTION 6 – DRAINAGE DESIGNS STANDARDS
38
Commercial lot to lot surface drainage is prohibited unless easements have been put in place and is
approved by the Deputy Director of Engineering Services.
FIGURE 6.8 Typical Lot Grading Patterns
B. The minimum finished floor elevation for any lot adjacent to a drainage feature shall be two feet (2’) above
the adjacent 100-year fully developed water surface elevation and shall be shown on the final plat.
C. Should mitigation be required under Section 404 of the Clean Water Act, the areas shall be identified on the
engineering construction plans.
PROPOSED
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Page 1 of 1
To: Mayor and Town Council
From: Kelly Neal, Finance Director
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 9, 2017
Agenda Item:
Consider and take action on a resolution directing publication of notice of intention to issue
Combination Tax and Surplus Revenue Certificates of Obligation for the purpose of funding costs
of multi-purpose municipal facilities, parks, and storm drainage utility projects in the Town.
Description of Agenda Item:
The attached resolution initiates the process of issuing certificates of obligation for the projects
specified. The timeline, included as an attachment, outlines the bond issue process.
Budget Impact:
The principal amount of the bonds issued are not to exceed $12,800,000 as stated in the attached
resolution and notice of intent.
Legal Obligations and Review:
Dan Culver of McCall, Parkhurst and Horton, the Town’s bond counsel, prepared the attached
Resolution.
Attached Documents:
1. Resolution
2.Timeline
Town Staff Recommendation:
Town staff recommends approval of the resolution providing for publication of notice of intent to
issue certificates of obligation to finance the obligations associated with the aforementioned
projects.
Recommended Motion:
I move to approve the resolution providing for publication of notice of intent to issue certificates of
obligation to finance the obligations associated with the aforementioned projects.
Prosper is a place where everyone matters.
FINANCE
Item 11
CERTIFICATE REGARDING ADOPTION OF RESOLUTION
THE STATE OF TEXAS §
COUNTY OF COLLIN §
TOWN OF PROSPER §
We, the undersigned officers of the Town of Prosper, Texas (the "Town"), hereby certify
as follows:
1. The Town Council of the Town (the "Council") convened in REGULAR MEETING ON
THE 9TH DAY OF MAY, 2017, at the Town Hall, and the roll was called of the duly constituted
officers and members of the Council, to-wit:
Ray Smith, Mayor
Curry Vogelsang, Jr., Mayor Pro-Tem
Jason Dixon, Deputy Mayor Pro-Tem
Michael Korbuly
Kenneth Dugger
Meigs Miller
Mike Davis
Robyn Battle, Town Secretary
and all of said persons were present except ___________________________, thus constituting
a quorum. Whereupon, among other business, the following was transacted at said meeting: a
written
RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE
COMBINATION TAX AND SURPLUS REVENUE CERTIFICATES OF OBLIGATION
was duly introduced for the consideration of the Council. It was then duly moved and seconded
that said Resolution be adopted and, after due discussion, said motion, carrying with it the
adoption of said Resolution, prevailed and carried by the following vote:
AYES: All members of the Council shown present above voted "Aye," except as
shown below:
NOES: ABSTAIN:
2. A true, full and correct copy of the aforesaid Resolution adopted at the meeting
described above is attached to and follows this Certificate; that said Resolution has been duly
recorded in the Council's minutes of said meeting; that the above and foregoing paragraph is a
true, full and correct excerpt from the Council's minutes of said meeting pertaining to the
adoption of said Resolution; that the persons named in the above and foregoing paragraph are
the duly chosen, qualified and acting officers and members of the Council as indicated therein;
that each of the officers and members of the Council was duly and sufficiently notified officially
and personally, in advance, of the time, place and purpose of the aforesaid meeting, and that
said Resolution would be introduced and considered for adoption at said meeting, and each of
said officers and members consented, in advance, to the holding of said meeting for such
purpose, and that said meeting was open to the public and public notice of the time, place and
purpose of said meeting was given, all as required by Chapter 551, Texas Government Code.
Item 11
3. The Council has approved and hereby approves the aforesaid Resolution and the
Mayor and the Town Secretary of the Town have duly signed said Resolution; and the Mayor
and the Town Secretary of the Town hereby declare that their signing of this Certificate shall
constitute the signing of the attached and following copy of said Resolution for all purposes.
SIGNED this, the 9th day of May, 2017.
_________________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
(Town Seal)
Item 11
TOWN OF PROSPER, TEXAS RESOLUTION NO. 17-__
RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE
COMBINATION TAX AND SURPLUS REVENUE CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS §
COUNTY OF COLLIN §
TOWN OF PROSPER §
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town"), deems
it advisable to give notice of intention to issue certificates of obligation of the Town, as
hereinafter provided; and
WHEREAS, it is hereby officially found and determined that the meeting at which
this Resolution was passed was open to the public and public notice of the time, place and
purpose of said meeting was given, all as required by Chapter 551, Texas Government Code;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER THAT:
1. Attached hereto as Exhibit A is a form of the Notice of Intention to issue
Certificates of Obligation (the "Notice"), the form and substance of which is hereby adopted and
approved.
2.The Town Secretary shall cause the Notice to be published in substantially the
form attached hereto, in a newspaper of general circulation in the Town, and published in the
Town, on the same day in each of two consecutive weeks, the date of the first publication
thereof to be at least 31 days prior to the time set for the adoption of the ordinance authorizing
the issuance of such certificates of obligation as shown in the Notice.
3. This Resolution shall become effective immediately upon adoption.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 9TH DAY OF MAY, 2017.
ATTEST:
Robyn Battle, Town Secretary
__________________________
__________________________
Ray Smith, Mayor
Item 11
Exhibit A
TOWN OF PROSPER, TEXAS
NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND SURPLUS REVENUE
CERTIFICATES OF OBLIGATION
The Town of Prosper (the "Town") does hereby give notice of its intention to issue one or more
series of combination tax and surplus revenue certificates of obligation (the "Certificates"), in the
maximum principal amount not to exceed $12,800,000 for paying all or a portion of the Town's
contractual obligations incurred in connection with (i) the construction and equipment of a multi-
purpose municipal facility to serve as Town Hall and for other municipal services,
(ii) constructing, improving, extending, expanding, upgrading and developing parks and
recreation facilities including fields, trails, utility relocation, landscaping, sidewalks and
operational improvements, installation of lighting, the purchase of any necessary rights-of-way,
drainage and other related costs, (iii) constructing, improving, extending, expanding, upgrading
and developing storm drainage utility projects, including utility relocation, landscaping,
sidewalks, traffic safety and operation improvements, the purchase of any necessary
easements, and the related costs, and (iv) paying legal, fiscal, engineering and architectural
fees in connection with these projects. The Town proposes to adopt an ordinance that will
provide for the Certificates to be secured by a pledge of funds received from the levy and
collection of ad valorem taxes in the Town, as provided by law, and from a pledge of the surplus
net revenues of the Town's water and sewer system (the "System") that remain after payment of
all operation and maintenance expenses thereof, and after all debt service, reserve, and other
requirements in connection with all revenue bonds or other obligations (now or hereafter
outstanding) of the Town have been met, to the extent that such obligations are payable from all
or any part of the net revenues of the System. The Town Council intends to consider for
passage at a meeting to be held at 6:00 P.M. on June 27, 2017, at the Prosper Municipal
Chambers, 108 W. Broadway, Prosper, Texas, an ordinance authorizing the issuance of
Combination Tax and Surplus Revenue Certificates of Obligation. The Certificates are to be
issued, and this notice is given, under and pursuant to the provisions of Texas Local
Government Code, Chapter 271, Subchapter C.
TOWN OF PROSPER, TEXAS
By: /s/ Ray Smith, Mayor
Item 11
S M T W T F S S M T W T F S S M T W T F S
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7 8 9 10 11 12 13 4 5 6 7 8 9 10 2 3 4 5 6 7 8
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21 22 23 24 25 26 27 18 19 20 21 22 23 24 16 17 18 19 20 21 22
28 29 30 31 25 26 27 28 29 30 23 24 25 26 27 28 29
30 31
Complete
By Day Event
1-May-17 Monday First Southwest requests information for preparation of the Official Statement
8-May-17 Monday First Southwest receives requested information.
First Southwest begins preparation of the Official Statement
9-May-17 Tuesday Town Council approves publication of Notice of Intent for the
Certificates. Publication will occur in the Town's paper of record.
10-May-17 Wednesday Draft Official Statement distributed to the Town and
Bond Counsel
17-May-17 Wednesday 1st publication of Notice of Intent for Certificates
18-May-17 Thursday First Southwest receives comments on Official Statement
24-May-17 Wednesday 2nd publication of Notice of Intent for Certificates
22-May-17 Monday Distribute POS to Rating Agency
Rating Agency Conference Calls/Meetings
15-Jun-17 Thursday Receive Ratings
16-Jun-17 Friday Electronically mail Official Statement to Potential Purchasers
27-Jun-17 Tuesday Pricing
27-Jun-17 Tuesday Town Council passes Ordinance authorizing issuance
of the Bonds and Certificates
27-Jul-17 Thursday Closing and Delivery of Funds to the Town
Week of May 30th - June 2nd
May-17 Jun-17 Jul-17
Town of Prosper, TX
Series 2017 Issuance
4/27/2017
Acct TBD
Preliminary Schedule of Events
Item 11
Page 1 of 2
To: Mayor and Town Council
From: Alex Glushko, AICP, Senior Planner
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 9, 2017
Agenda Item:
Consider and act upon a request for a Variance to the Subdivision Ordinance regarding
thoroughfare screening, for Star Trail, located on the southwest corner of Prosper Trail and
Stargazer Way. (V17-0003).
Description of Agenda Item:
The applicant is seeking a variance regarding the Subdivision Ordinance requirements for
Thoroughfare Screening. A letter from the applicant detailing the basis for the request is
attached for reference. In 2011, the Thoroughfare Screening section of the Subdivision
Ordinance was amended in order to provide thoroughfare screening adjacent to all single family
attached and detached residential developments siding and backing to rights-of-way of 60 feet
or greater. Thoroughfare Screening is required to consist of ornamental metal fencing with
masonry columns, meandering sidewalks, berming, and landscaping, within a minimum 25-foot
landscape buffer/common area to be owned and maintained by a Homeowner’s Association
(HOA). The minimum 25-foot landscape buffer is required to be exclusive of all required streets,
right-turn rights-of-way, drainage easements, and utility easements, unless otherwise approved
by the Town Council.
The applicant is requesting a variance to allow a proposed 10-foot electric utility easement to
encroach within the required 25-foot landscape buffer. The Variance would allow an existing
overhead power line, located within the Prosper Trail right-of-way to be buried in the Star Trail
HOA lot, as CoServ has indicated that they will not bury the power line within the Town’s right-
of-way. All required landscaping will be provided in accordance with Town standards; however,
the small trees and portions of the sidewalk will be located within the 10-foot electric utility
easement, which is permitted by the easement holder. Details of the location, extent, and the
profile of the landscape buffer are depicted on the attached exhibit and described in the request
letter.
Attached Documents:
1.Location Map
2.Exhibit
3.Request Letter
Prosper is a place where everyone matters.
PLANNING
Item 12
Page 2 of 2
Planning & Zoning Commission Recommendation:
At their April 18, 2017, meeting, the Planning & Zoning Commission recommended the Town
Council approve the request, by a vote of 6-0.
Town Staff Recommendation:
Town staff recommends the Town Council approve the request for a Variance to the Subdivision
Ordinance regarding thoroughfare screening, for Star Trail, located on the southwest corner of
Prosper Trail and Stargazer Way.
Proposed Motion:
I move to approve a request for a Variance to the Subdivision Ordinance regarding thoroughfare
screening, for Star Trail, located on the southwest corner of Prosper Trail and Stargazer Way.
Item 12
V17-0003
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Item 12
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To: Mayor and Town Council
From: Frank E. Jaromin, P.E., Director of Public Works
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 9, 2017
Agenda Item:
Consider and act upon awarding Bid No. 2017-30-B to Advanced Paving Co., related to
construction services for the Craig Road Reconstruction from Preston Road to Rucker Elementary
School; and authorizing the Town Manager to execute a construction agreement for same.
Description of Agenda Item:
On April 12, 2017, at 2:00 PM, five bids were opened for the Town of Prosper Bid No. 2017-30-B
Craig Road Reconstruction – Preston Road to Rucker Elementary. The verified bid totals from the
bidders ranged between $74,972.20 and $259,230.16, with Advanced Paving Co., being the low
bidder.
The bid was $25,011.20 over the Engineer’s Estimate and $24,620.20 over current funding.
This scope of the contract will replace the existing asphalt pavement on Craig Road with a six-inch
cement treated base and install 3” of Type B and 2” of Type D Asphalt pavement. The bid also
includes supplementary repair work on selected driveways and pavement markings.
The contract specifies 60 calendar days for substantial completion, with an additional 30 calendar
days for final completion. During construction, traffic along Craig Road will be restricted to a
northbound, a one-way circulation pattern, allowing the contractor to work on one-half of the road
at a time. Staff will coordinate closely with residents, Prosper ISD, Post Office, and public safety
personnel, and provide updates of the construction activity.
Budget Impact:
The project will be funded by the FY17 Discretionary Package number 70 and $24,620.20 from
cost savings on FY 17 Discretionary Package 71 DNT Thermoplastic, which has $32,823.00
surplus. This project will be funded from 100-5670-50-01 Contract Services.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement
as to form and legality.
Prosper is a place where everyone matters.
PUBLIC WORKS
Item 13
Attached Documents:
1. Location Map
2. Bid Tabulation Summary
3. Construction Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council award Bid No. 2017-30-B to Advanced Paving Co.,
related to construction services for the Craig Road Reconstruction from Preston Road to Rucker
Elementary School; and authorizing the Town Manager to execute a construction agreement for
same.
Proposed Motion:
I move to award Bid No. 2017-30-B to Advanced Paving Co., related to construction services for
the Craig Road Reconstruction from Preston Road to Rucker Elementary School; and authorizing
the Town Manager to execute a construction agreement for same.
Item 13
http://gismaps.collinuntytx.gov/1/2
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Item 13
TOWN OF PROSPER
BID TABULATION SUMMARY
Bid No. 2017-30-B Craig Street Reconstruction - Preston Road to PISD
Bid Opening: 4/12/2017 at 2:00 PM
Grand Total
Advanced Paving Co. $ 74,972.20
Oldcastle Materials Texas, Inc. dba TexasBit $ 77,783.55
GRod Construction, LLC $ 95,903.00
Pavecon Public Works, LP $ 110,176.00
SPI Asphalt, LLC $ 259,230.16
Certified By: January M. Cook, CPPO, CPPB Date: 4/12/2017
Purchasing Agent
Town of Prosper, Texas
**All bids/proposals submitted for the designated project are reflected on this tabulation sheet. However, the
listing of the bid/proposal on this tabulation sheet shall not be construed as a comment on the responsiveness
of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive. The
agency will make a determination as to the responsiveness of the vendor responses submitted based upon
compliance with all applicable laws, purchasing guidelines and project documents, including but not limited to
the project specifications and contract documents. The agency will notify the successful vendor upon award of
the contract and, as according to the law, all bid/proposal responses received will be available for inspection at
that time.
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CRAIG STREET RECONSTRUCTION
PRESTON ROAD TO PISD
BID NO. 2017-30-B
PAGE 12
OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW
Texas Government Code §2252.002 provides that, in order to be awarded a contract as
low bidder, a non-resident bidder (out-of-state contractor whose corporate office or
principal place of business is outside the State of Texas) bid projects in Texas at an
amount lower than the lowest Texas resident bidder by the same amount that a Texas
resident bidder would be required to underbid a non-resident bidder in order to obtain a
comparable contract in the state in which the non-resident's principal place of business
is located. The appropriate blanks in the following statement must be filled out by all
out-of-state or non-resident bidders in order for those bids to meet specifications. (This
information may be obtained from the Texas Register.) The failure of out-of-state or
non-resident contractors to do so will automatically disqualify that bidder.
Non-resident contractor in ___________________ (give state), our principal place of
business, is required to be _________ percent lower than resident bidders by State Law.
The exact language of the statute is set out below.
Non-resident contractor in ___________________ (give state), our principal place of
business, is not required to underbid resident bidders.
BIDDER
By
Company (Please Print)
Address Signature
City State Zip Title (Please Print)
“Tex. Gov’t Code Sec. 2252.002. AWARD OF CONTRACT TO
NONRESIDENT BIDDER. A governmental entity may not award a
governmental contract to a nonresident bidder unless the
nonresident underbids the lowest bid submitted by a responsible
resident bidder by an amount that is not less than the amount by
which a resident bidder would be required to underbid the
nonresident bidder to obtain a comparable contract in the state in
which the nonresident's principal place of business is located.”
Item 13
CRAIG STREET RECONSTRUCTION
PRESTON ROAD TO PISD
BID NO. 2017-30-B
PAGE 13
CONSTRUCTION AGREEMENT
THE STATE OF TEXAS )
) KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN )
This Construction Agreement (the "Agreement") is made by and between Advanced
Paving Co., a Texas corporation, (the "Contractor") and the Town of Prosper, Texas, a municipal
corporation (the "Owner"). For and in consideration of the payment, agreements and
conditions hereinafter mentioned, and under the conditions expressed in the bonds
herein, Contractor hereby agrees to complete the construction of improvements
described as follows:
CRAIG STREET RECONSTRUCTION
PRESTON ROAD TO PISD
BID NO. 2017-30-B
in the Town of Prosper, Texas, and all extra work in connection therewith, under the terms
as stated in the terms of this Contract, including all Contract Documents incorporated
herein; and at his, her or their own proper cost and expense to furnish all
superintendence, labor, insurance, equipment, tools and other accessories and services
necessary to complete the said construction in accordance with all the Contract
Documents, incorporated herein as if written word for word, and in accordance with the
Plans, which include all maps, plats, blueprints, and other drawings and printed or written
explanatory manner therefore, and the Specifications as prepared by Town of Prosper or
its consultant hereinafter called Engineer, who has been identified by the endorsement
of the Contractor's written proposal, the General Conditions of this Contract, the Special
Conditions of this Contract, the payment, performance, and maintenance bonds hereto
attached; all of which are made a part hereof and collectively evidence and constitute
the entire Contract.
A. Contract Documents and Order of Precedence
The Contract Documents shall consist of the following documents:
1. this Construction Agreement;
2. properly authorized change orders;
3. the Special Conditions of this Contract;
4. the General Conditions of this Contract;
5. the Technical Specifications & Construction Drawings of this Contract;
6. the OWNER's Standard Construction Details;
7. the OWNER's Standard Construction Specifications;
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CRAIG STREET RECONSTRUCTION
PRESTON ROAD TO PISD
BID NO. 2017-30-B
PAGE 14
8. the OWNER’s written notice to proceed to the CONTRACTOR;
9. the Contractor’s Bid Proposal;
10. any listed and numbered addenda;
11. the Performance, Payment, and Maintenance Bonds; and,
12. any other bid materials distributed by the Owner that relate to the Project.
These Contract Documents are incorporated by reference into this Construction
Agreement as if set out here in their entirety. The Contract Documents are intended to be
complementary; what is called for by one document shall be as binding as if called for by all
Contract Documents. It is specifically provided, however, that in the event of any inconsistency
in the Contract Documents, the inconsistency shall be resolved by giving precedence to the
Contract Documents in the order in which they are listed herein above. If, however, there exists
a conflict or inconsistency between the Technical Specifications and the Construction Drawings
it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions
control before undertaking any work on that component of the project. Should the Contractor fail
or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior
to any work on that component of the project, the Contractor shall be solely responsible for the
costs and expenses - including additional time - necessary to cure, repair and/or correct that
component of the project.
B. Total of Payments Due Contractor
For performance of the Work in accordance with the Contract Documents, the Owner shall
pay the Contractor in current funds an amount not to exceed Seventy-Four Thousand Nine
Hundred Seventy-Two Dollars and Twenty Cents ($74,972.20). This amount is subject to
adjustment by change order in accordance with the Contract Documents.
C. Dates to Start and Complete Work
Contractor shall begin work within ten (10) calendar days after receiving a written Notice
to Proceed or written Work Order from the Owner. All Work required under the Contract
Documents shall be substantially completed within 60 calendar days after the date of the Notice
to Proceed for the base bid. Within 30 additional calendar days after Substantial Completion, all
outstanding issues shall be addressed and ready for final payment.
Under this Construction Agreement, all references to “day” are to be considered “calendar
days” unless noted otherwise.
D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS
CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,
INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER)
TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS,
OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE
Item 13
CRAIG STREET RECONSTRUCTION
PRESTON ROAD TO PISD
BID NO. 2017-30-B
PAGE 15
CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS,
DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES,
PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES
OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY
ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF,
DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION,
OR NEGLIGENT ACT OF CONTRACTOR, ITS SUBCONTRACTORS, ANY OFFICERS,
AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY SUBCONTRACTORS, INVITEES, AND
ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR WHICH CONTRACTOR IS
LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING
FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND
CONTRACTOR WILL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT
TOWN OF PROSPER (OWNER) FROM ANY AND ALL SUCH CLAIMS AND DEMANDS.
CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,
INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER
WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS,
AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS,
DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES,
PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES
OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS FEES FOR
INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE
OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF
THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS, CLAIMS,
COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES,
PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE
NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS MAYOR AND TOWN COUNCIL,
OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE
PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS
INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT TOWN OF PROSPER
(OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S) OWN
NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF
THE INJURY, DEATH OR DAMAGE.
IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY
EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY OR
INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM
MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL NOT BE
LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES,
COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR ANY SUB-
CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER EMPLOYEE BENEFIT
ACTS.
INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT
COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY
EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN
INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY.
In its sole discretion, the Owner shall have the right to approve counsel to be retained by
Contractor in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain
approved counsel for the Owner within seven (7) business days after receiving written notice from
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CRAIG STREET RECONSTRUCTION
PRESTON ROAD TO PISD
BID NO. 2017-30-B
PAGE 16
the Owner that it is invoking its right to indemnification under this Construction Agreement. If
Contractor does not retain counsel for the Owner within the required time, then the Owner shall
have the right to retain counsel and the Contractor shall pay these attorneys' fees and expenses.
The Owner retains the right to provide and pay for any or all costs of defending indemnified
items, but it shall not be required to do so. To the extent that Owner elects to provide and pay for
any such costs, Contractor shall indemnify and reimburse Owner for such costs.
(Please note that this “broad-form” indemnification clause is not prohibited by Chapter 151 of
the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105
of the Texas Insurance Code.)
E. Insurance Requirements
1. Before commencing work, the Contractor shall, at its own expense, procure, pay
for and maintain the following insurance coverage written by companies approved
by the State of Texas and acceptable to the Town of Prosper. The Contractor shall
furnish to the Town of Prosper Purchasing Agent certificates of insurance executed
by the insurer or its authorized agent stating the type of coverages, limits of each
such coverage, expiration dates and compliance with all applicable required
provisions. Certificates shall reference the project/contract number and be
addressed as follows:
CRAIG STREET RECONSTRUCTION
PRESTON ROAD TO PISD
BID NO. 2017-30-B
Town of Prosper
Attn: Purchasing Agent
121 W. Broadway
P.O. Box 307
Prosper, Texas 75078
(a) Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed
Operations, Independent Contractors and Contractual Liability, with
minimum combined single limits of $1,000,000 per-occurrence, $1,000,000
Products/Completed Operations Aggregate and $2,000,000 general
aggregate. If high risk or dangerous activities are included in the Work,
explosion, collapse and underground (XCU) coverage is also required.
Coverage must be written on an occurrence form. The General Aggregate
shall apply on a per project basis.
(b) Workers’ Compensation insurance with statutory limits; and Employers’
Liability coverage with minimum limits for bodily injury: a) by accident,
$100,000 each accident, b) by disease, $100,000 per employee with a per
policy aggregate of $500,000.
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CRAIG STREET RECONSTRUCTION
PRESTON ROAD TO PISD
BID NO. 2017-30-B
PAGE 17
(c) Umbrella or Excess Liability insurance with minimum limits of $2,000,000
each occurrence and annual aggregate for bodily injury and property
damage, that follows form and applies in excess of the above indicated
primary coverage in subparagraphs a and b. The total limits required may
be satisfied by any combination of primary, excess or umbrella liability
insurance provided all policies comply with all requirements. The
Contractor may maintain reasonable deductibles, subject to approval by
the Owner.
2. With reference to the foregoing required insurance, the Contractor shall endorse
applicable insurance policies as follows:
(a) A waiver of subrogation in favor of Town of Prosper, its officials,
employees, and officers shall be contained in the Workers’ Compensation
insurance policy.
(b) The Town of Prosper, its officials, employees and officers shall be named
as additional insureds on the Commercial General Liability policy, by using
endorsement CG2026 or broader. (Please note that this “additional
insured” coverage requirement is not prohibited by Chapter 151 of the
Texas Insurance Code as it falls within one of the exclusions contained in
Section 151.105 of the Texas Insurance Code.)
(c) All insurance policies shall be endorsed to the effect that Town of Prosper
will receive at least thirty (30) days’ notice prior to cancellation, non-
renewal, termination, or material change of the policies.
3. All insurance shall be purchased from an insurance company that meets a financial
rating of “A” or better as assigned by the A.M. BEST Company or equivalent.
4. With respect to Workers’ Compensation insurance, the Contractor agrees to
comply with all applicable provisions of 28 Tex. Admin Code
§ 110.110, “Reporting Requirements for Building or Construction Projects for
Governmental Entities,” as such provision may be amended, and as set forth in
Paragraph F following.
F. Workers' Compensation Insurance Coverage
1. Definitions:
Certificate of coverage ("certificate")- A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
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PRESTON ROAD TO PISD
BID NO. 2017-30-B
PAGE 18
Duration of the project - includes the time from the beginning of the work on the
project until the Contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes
all persons or entities performing all or part of the services the Contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the Contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable toilets.
2. The Contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets
the statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of the Contractor providing services on the project, for the duration of
the project.
3. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage
ends during the duration of the project, the Contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
5. The Contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project,
so the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(b) no later than seven days after receipt by the Contractor, a new certificate
of coverage showing extension of coverage, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project.
6. The Contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the Contractor knew or should have known,
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of any change that materially affects the provision of coverage of any person
providing services on the project.
8. The Contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all
persons providing services on the project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
(a) provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
(b) provide to the Contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided
for all employees of the person providing services on the project, for the
duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work
on the project; and
(2) a new certificate of coverage showing extension of coverage, prior
to the end of the coverage period, if the coverage period shown on
the current certificate of coverage ends during the duration of the
project;
(e) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of
any change that materially affects the provision of coverage of any person
providing services on the project; and
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(g) contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of
coverage, the Contractor is representing to the governmental entity that all
employees of the Contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project, that
the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the commission's Division
of Self-Insurance Regulation. Providing false or misleading information may
subject the Contractor to administrative penalties, criminal penalties, civil penalties,
or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of
contract by the Contractor which entitles the governmental entity to declare the
contract void if the Contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
G. Performance, Payment and Maintenance Bonds
The Contractor shall procure and pay for performance and payment bonds applicable to
the work in the amount of the total bid price. The Contractor shall also procure and pay for a
maintenance bond applicable to the work in the amount of ten percent (10%) of the total bid price.
The period of the Maintenance Bond shall be two years from the date of acceptance of
all work done under the contract, to cover the guarantee as set forth in this Construction
Agreement. The performance, payment and maintenance bonds shall be issued in the form
attached to this Construction Agreement as Exhibits B, C and D. Other performance, payment
and maintenance bond forms shall not be accepted. Among other things, these bonds shall apply
to any work performed during the two-year warranty period after acceptance as described in this
Construction Agreement.
The performance, payment and maintenance bonds shall be issued by a corporate surety,
acceptable to and approved by the Town, authorized to do business in the State of Texas,
pursuant to Chapter 2253 of the Texas Government Code. Further, the Contractor shall supply
capital and surplus information concerning the surety and reinsurance information concerning the
performance, payment and maintenance bonds upon Town request. In addition to the foregoing
requirements, if the amount of the bond exceeds One Hundred Thousand Dollars ($100,000) the
bond must be issued by a surety that is qualified as a surety on obligations permitted or required
under federal law as indicated by publication of the surety’s name in the current U.S. Treasury
Department Circular 570. In the alternative, an otherwise acceptable surety company (not
qualified on federal obligations) that is authorized and admitted to write surety bonds in Texas
must obtain reinsurance on any amounts in excess of One Hundred Thousand Dollars ($100,000)
from a reinsurer that is authorized and admitted as a reinsurer in Texas who also qualifies as a
surety or reinsurer on federal obligations as indicated by publication of the surety’s or reinsurer’s
name in the current U.S. Treasury Department Circular 570.
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H. Progress Payments and Retainage
As it completes portions of the Work, the Contractor may request progress payments from
the Owner. Progress payments shall be made by the Owner based on the Owner's estimate of
the value of the Work properly completed by the Contractor since the time the last progress
payment was made. The "estimate of the value of the work properly completed" shall include the
net invoice value of acceptable, non-perishable materials actually delivered to and currently at
the job site only if the Contractor provides to the Owner satisfactory evidence that material
suppliers have been paid for these materials.
No progress payment shall be due to the Contractor until the Contractor furnishes to the
Owner:
1. copies of documents reasonably necessary to aid the Owner in preparing an
estimate of the value of Work properly completed;
2. full or partial releases of liens, including releases from subcontractors providing
materials or delivery services relating to the Work, in a form acceptable to the
Owner releasing all liens or claims relating to goods and services provided up to
the date of the most recent previous progress payment;
3. an updated and current schedule clearly detailing the project’s critical path
elements; and
4. any other documents required under the Contract Documents.
Progress payments shall not be made more frequently than once every thirty (30) calendar
days unless the Owner determines that more frequent payments are appropriate. Further,
progress payments are to be based on estimates and these estimates are subject to correction
through the adjustment of subsequent progress payments and the final payment to Contractor. If
the Owner determines after final payment that it has overpaid the Contractor, then Contractor
agrees to pay to the Owner the overpayment amount specified by the Owner within thirty (30)
calendar days after it receives written demand from the Owner.
The fact that the Owner makes a progress payment shall not be deemed to be an
admission by the Owner concerning the quantity, quality or sufficiency of the Contractor's work.
Progress payments shall not be deemed to be acceptance of the Work nor shall a progress
payment release the Contractor from any of its responsibilities under the Contract Documents.
After determining the amount of a progress payment to be made to the Contractor, the
Owner shall withhold a percentage of the progress payment as retainage. The amount of
retainage withheld from each progress payment shall be set at five percent (5%). Retainage shall
be withheld and may be paid to:
a. ensure proper completion of the Work. The Owner may use retained funds to pay
replacement or substitute contractors to complete unfinished or defective work;
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b. ensure timely completion of the Work. The Owner may use retained funds to pay
liquidated damages; and
c. provide an additional source of funds to pay claims for which the Owner is entitled
to indemnification from Contractor under the Contract Documents.
Retained funds shall be held by the Owner in accounts that shall not bear interest.
Retainage not otherwise withheld in accordance with the Contract Documents shall be returned
to the Contractor as part of the final payment.
I. Withholding Payments to Contractor
The Owner may withhold payment of some or all of any progress or final payment that
would otherwise be due if the Owner determines, in its discretion, that the Work has not been
performed in accordance with the Contract Documents. The Owner may use these funds to pay
replacement or substitute contractors to complete unfinished or defective Work.
The Owner may withhold payment of some or all of any progress or final payment that
would otherwise be due if the Owner determines, in its discretion, that it is necessary and proper
to provide an additional source of funds to pay claims for which the Owner is entitled to
indemnification from Contractor under the Contract Documents.
Amounts withheld under this section shall be in addition to any retainage.
J. Acceptance of the Work
When the Work is completed, the Contractor shall request that the Owner perform a final
inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been
completed in accordance with the Contract Documents, it shall issue a written notice of
acceptance of the Work. If the Owner determines that the Work has not been completed in
accordance with the Contract Documents, then it shall provide the Contractor with a verbal or
written list of items to be completed before another final inspection shall be scheduled.
It is specifically provided that Work shall be deemed accepted on the date specified in the
Owner's written notice of acceptance of the Work. The Work shall not be deemed to be accepted
based on "substantial completion" of the Work, use or occupancy of the Work, or for any reason
other than the Owner's written Notice of Acceptance. Further, the issuance of a certificate of
occupancy for all or any part of the Work shall not constitute a Notice of Acceptance for that Work.
In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of
the Work. In this event, the notice shall state specifically what portion of the Work is accepted.
K. Acceptance of Erosion Control Measures
When the erosion control measures have been completed, the Contractor shall request
that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner
determines that the Work has been completed in accordance with the Contract Documents and
per TPDES General Construction Permit, it shall issue a written Notice of Acceptance of the Work.
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If the Owner determines that the Work has not been completed in accordance with the Contract
Documents or TPDES General Construction Permit, then it shall provide the Contractor with a
verbal or written list of items to be completed before another final inspection shall be scheduled.
L. Final Payment
After all Work required under the Contract Documents has been completed, inspected,
and accepted, the Town shall calculate the final payment amount promptly after necessary
measurements and computations are made. The final payment amount shall be calculated to:
1. include the estimate of the value of Work properly completed since the date of the
most recent previous progress payment;
2. correct prior progress payments; and
3. include retainage or other amounts previously withheld that are to be returned to
Contractor, if any.
Final payment to the Contractor shall not be due until the Contractor provides original full
releases of liens from the Contractor and its subcontractors, or other evidence satisfactory to the
Owner to show that all sums due for labor, services, and materials furnished for or used in
connection with the Work have been paid or shall be paid with the final payment. To ensure this
result, Contractor consents to the issuance of the final payment in the form of joint checks made
payable to Contractor and others. The Owner may, but is not obligated to issue final payment
using joint checks.
Final payment to the Contractor shall not be due until the Contractor has supplied to the
Owner original copies of all documents that the Owner determines are reasonably necessary to
ensure both that the final payment amount is properly calculated and that the Owner has satisfied
its obligation to administer the Construction Agreement in accordance with applicable law. The
following documents shall, at a minimum, be required to be submitted prior to final payment being
due: redline as-built construction plans; consent of surety to final payment; public infrastructure
inventory; affidavit of value for public infrastructure; and, final change order(s). “Redline as-built
construction plans” shall include, but are not limited to markups for change orders, field revisions,
and quantity overruns as applicable. The list of documents contained in this provision is not an
exhaustive and exclusive list for every project performed pursuant to these Contract Documents
and Contractor shall provide such other and further documents as may be requested and required
by the Owner to close out a particular project.
Subject to the requirements of the Contract Documents, the Owner shall pay the Final
Payment within thirty (30) calendar days after the date specified in the Notice of Acceptance. This
provision shall apply only after all Work called for by the Contract Documents has been accepted.
M. Contractor’s Warranty
For a two-year period after the date specified in a written notice of acceptance of Work,
Contractor shall provide and pay for all labor and materials that the Owner determines are
necessary to correct all defects in the Work arising because of defective materials or workmanship
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supplied or provided by Contractor or any subcontractor. This shall also include areas of
vegetation that did meet TPDES General Construction Permit during final close out but have since
become noncompliant.
Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period,
the Owner may make a warranty inspection of the Work. The Owner shall notify the Contractor
of the date and time of this inspection so that a Contractor representative may be present. After
the warranty inspection, and before the end of the two-year warranty period, the Owner shall mail
to the Contractor a written notice that specifies the defects in the Work that are to be corrected.
The Contractor shall begin the remedial work within ten (10) calendar days after receiving
the written notice from the Town. If the Contractor does not begin the remedial work timely or
prosecute it diligently, then the Owner may pay for necessary labor and materials to effect repairs
and these expenses shall be paid by the Contractor, the performance bond surety, or both.
If the Owner determines that a hazard exists because of defective materials and
workmanship, then the Owner may take steps to alleviate the hazard, including making repairs.
These steps may be taken without prior notice either to the Contractor or its surety. Expenses
incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance
bond surety, or both.
Any Work performed by or for the Contractor to fulfill its warranty obligations shall be
performed in accordance with the Contract Documents. By way of example only, this is to ensure
that Work performed during the warranty period is performed with required insurance and the
performance and payment bonds still in effect.
Work performed during the two-year warranty period shall itself be subject to a one-year
warranty. This warranty shall be the same as described in this section.
The Owner may make as many warranty inspections as it deems appropriate.
N. Compliance with Laws
The Contractor shall be responsible for ensuring that it and any subcontractors performing
any portion of the Work required under the Contract Documents comply with all applicable federal,
state, county, and municipal laws, regulations, and rules that relate in any way to the performance
and completion of the Work. This provision applies whether or not a legal requirement is
described or referred to in the Contract Documents.
Ancillary/Integral Professional Services: In selecting an architect, engineer, land surveyor,
or other professional to provide professional services, if any, that are required by the Contract
Documents, Contractor shall not do so on the basis of competitive bids but shall make such
selection on the basis of demonstrated competence and qualifications to perform the services in
the manner provided by Section 2254.004 of the Texas Government Code and shall so certify to
the Town the Contractor's agreement to comply with this provision with Contractor's bid.
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O. Other Items
The Contractor shall sign the Construction Agreement, and deliver signed performance,
payment and maintenance bonds and proper insurance policy endorsements (and/or other
evidence of coverage) within ten (10) calendar days after the Owner makes available to the
Contractor copies of the Contract Documents for signature. Six (6) copies of the Contract
Documents shall be signed by an authorized representative of the Contractor and returned to the
Town.
The Construction Agreement "effective date" shall be the date on which the Town Council
acts to approve the award of the Contract for the Work to Contractor. It is expressly provided,
however, that the Town Council delegates the authority to the Town Manager or his designee to
rescind the Contract award to Contractor at any time before the Owner delivers to the Contractor
a copy of this Construction Agreement that bears the signature of the Town Manager and Town
Secretary or their authorized designees. The purpose of this provision is to ensure:
1. that Contractor timely delivers to the Owner all bonds and insurance documents;
and
2. that the Owner retains the discretion not to proceed if the Town Manager or his
designee determines that information indicates that the Contractor was not the
lowest responsible bidder or that the Contractor cannot perform all of its obligations
under the Contract Documents.
THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF
ACTION OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF
CONTRACT, NOR SHALL THE OWNER BE REQUIRED TO PERFORM UNDER THE
CONTRACT DOCUMENTS, UNTIL THE DATE THE OWNER DELIVERS TO THE
CONTRACTOR A COPY OF THE CONSTRUCTION AGREEMENT BEARING THE
SIGNATURES JUST SPECIFIED.
The Contract Documents shall be construed and interpreted by applying Texas law.
Exclusive venue for any litigation concerning the Contract Documents shall be Collin County,
Texas.
Although the Construction Agreement has been drafted by the Owner, should any portion
of the Construction Agreement be disputed, the Owner and Contractor agree that it shall not be
construed more favorably for either party.
The Contract Documents are binding upon the Owner and Contractor and shall insure to
their benefit and as well as that of their respective successors and assigns.
If Town Council approval is not required for the Construction Agreement under applicable
law, then the Construction Agreement "effective date" shall be the date on which the Town
Manager and Town Secretary or their designees have signed the Construction Agreement. If the
Town Manager and Town Secretary sign on different dates, then the later date shall be the
effective date.
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ADVANCED PAVING CO.
TOWN OF PROSPER, TEXAS
By: By: HARLAN JEFFERSON
Title: Title: TOWN MANAGER
Date: Date:
Address: 2311 Joe Field Rd.
Dallas, Texas 75229-3326
Phone: (972) 245-0000
Fax: (972) 247-2011
Address: 121 W. Broadway
Prosper, Texas 75078
Phone: (972) 346 - 2640
Fax: (972) 569 - 9335
ATTEST:
ROBYN BATTLE
Town Secretary
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PERFORMANCE BOND
STATE OF TEXAS )
)
COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address
is __________________________________________________________________________,
hereinafter called Principal, and
__________________________________________________________, a corporation
organized and existing under the laws of the State of ______________________________, and
fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto
the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the
laws of the State of Texas, hereinafter called “Beneficiary”, in the penal sum of
__________________ Dollars ($____________) plus fifteen percent (15%) of the stated penal
sum as an additional sum of money representing additional court expenses, attorneys’ fees, and
liquidated damages arising out of or connected with the below identified Contract in lawful money
of the United States, to be paid in Collin County, Texas, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly
and severally, firmly by these presents. The penal sum of this Bond shall automatically be
increased by the amount of any Change Order or Supplemental Agreement, which increases the
Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces
the Contract price, decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract with the Town of Prosper, the Beneficiary, dated on or about the
_________ day of ___________________, A.D. 20____, a copy of which is attached hereto and
made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories
necessary for the construction of:
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in the Town of Prosper, Texas, as more particularly described and designated in the
above-referenced contract such contract being incorporated herein and made a part
hereof as fully and to the same extent as if written herein word for word.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of
the undertakings, covenants, terms, conditions and agreements of said Contract in accordance
with the Plans, Specifications and Contract Documents during the original term thereof and any
extension thereof which may be granted by the Beneficiary, with or without notice to the Surety,
and during the life of any guaranty or warranty required under this Contract, and shall also well
and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of
any and all duly authorized modifications of said Contract that may hereafter be made, notice of
which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or
replace all defects due to faulty materials and workmanship that appear within a period of one (1)
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year from the date of final completion and final acceptance of the Work by Owner; and, if the
Principal shall fully indemnify and save harmless the Beneficiary from and against all costs and
damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully
reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in
making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain
in full force and effect.
PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive Venue
shall lie in Collin County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract
or to the Work to be performed thereunder or the Plans, Specifications and Drawings, etc.,
accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work or to the Specifications.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered
and on whom service of process may be had in matters arising out of such suretyship, as provided
by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in three copies, each one of which
shall be deemed an original, this, the ________ day of ________________, 20____.
ATTEST: PRINCIPAL:
___________________________________
Company Name
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Typed/Printed Name Typed/Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
[Signatures continued on following page.]
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ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice
and service of the process is:
NAME:
STREET ADDRESS:
CITY, STATE, ZIP:
NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page
2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation,
give a person’s name.
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PAYMENT BOND
STATE OF TEXAS )
)
COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is
____________________________________________________________________________,
hereinafter called Principal,
and__________________________________________________________, a corporation
organized and existing under the laws of the State of ______________________________, and
fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto
the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the
laws of the State of Texas, hereinafter called “Owner”, and unto all persons, firms, and
corporations who may furnish materials for, or perform labor upon the building or improvements
hereinafter referred to in the penal sum of ___________________________________ DOLLARS
($_______________) in lawful money of the United States, to be paid in Collin County, Texas, for
the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators and successors, jointly and severally, firmly by these presents. The penal sum of
this Bond shall automatically be increased by the amount of any Change Order or Supplemental
Agreement, which increases the Contract price, but in no event shall a Change Order or
Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this
Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into
a certain Contract with the Town of Prosper, the Owner, dated on or about the __________ day
of _________________, A.D. 20___, a copy of which is attached hereto and made a part
hereof, to furnish all materials, equipment, labor, supervision, and other accessories
necessary for the construction of:
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NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties and
make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying
labor and/or material in the prosecution of the Work provided for in the above-referenced Contract
and any and all duly authorized modifications of said Contract that may hereafter be made, notice
of which modification to the Surety is hereby expressly waived, then this obligation shall be void;
otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive venue
shall lie in Collin County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract,
or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying
the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of
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any such change, extension of time, alteration or addition to the terms of the Contract, or to the
Work to be performed thereunder.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered
and on whom service of process may be had in matters arising out of such suretyship, as provided
by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in three copies, each one of which shall be
deemed an original, this, the _______ day of _________________, 20___.
ATTEST: PRINCIPAL:
___________________________________
Company Name
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Typed/Printed Name Typed/Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
[Signatures continued on following page.]
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ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice
and service of the process is:
NAME:
STREET ADDRESS:
CITY, STATE, ZIP:
NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page
2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation,
give a person’s name.
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MAINTENANCE BOND
STATE OF TEXAS )
)
COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS: That _______________________________
whose address is________________________________________________, hereinafter
referred to as “Principal,” and ___________________________________, a corporate
surety/sureties organized under the laws of the State of ____________ and fully licensed to
transact business in the State of Texas, as Surety, hereinafter referred to as “Surety” (whether
one or more), are held and firmly bound unto the TOWN OF PROSPER, a Texas municipal
corporation, hereinafter referred to as “Owner,” in the penal sum of
___________________________________ DOLLARS ($_______________) (ten percent (10%)
of the total bid price), in lawful money of the United States to be paid to Owner, its successors
and assigns, for the payment of which sum well and truly to be made, we bind ourselves, our
successors, heirs, executors, administrators and successors and assigns, jointly and severally;
and firmly by these presents, the condition of this obligation is such that:
WHEREAS, Principal entered into a certain written Contract with the Town of Prosper,
dated on or about the _____ day of ________________________, 20____, to furnish all permits,
licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other
accessories necessary for the construction of:
CRAIG STREET RECONSTRUCTION
PRESTON ROAD TO PISD
BID NO. 2017-30-B
in the Town of Prosper, Texas, as more particularly described and designated in the above-
referenced contract, such contract being incorporated herein and made a part hereof as fully and
to the same extent as if written herein word for word:
WHEREAS, in said Contract, the Principal binds itself to use first class materials and
workmanship and of such kind and quality that for a period of two (2) years from the completion
and final acceptance of the improvements by Owner the said improvements shall require no
repairs, the necessity for which shall be occasioned by defects in workmanship or materials and
during the period of two (2) years following the date of final acceptance of the Work by Owner,
Principal binds itself to repair or reconstruct said improvements in whole or in part at any time
within said period of time from the date of such notice as the Town Manager or his designee shall
determine to be necessary for the preservation of the public health, safety or welfare. If Principal
does not repair or reconstruct the improvements within the time period designated, Owner shall
be entitled to have said repairs made and charge Principal and/or Surety the cost of same under
the terms of this Maintenance Bond.
NOW, THEREFORE, if Principal will maintain and keep in good repair the Work herein
contracted to be done and performed for a period of two (2) years from the date of final acceptance
and do and perform all necessary work and repair any defective condition (it being understood
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that the purpose of this section is to cover all defective conditions arising by reason of defective
materials, work or labor performed by Principal) then this obligation shall be void; otherwise it
shall remain in full force and effect and Owner shall have and recover from Principal and its Surety
damages in the premises as provided in the Plans and Specifications and Contract.
PROVIDED, however, that Principal hereby holds harmless and indemnifies Owner
from and against any claim or liability for personal injury or property damage caused by
and occurring during the performance of said maintenance and repair operation.
PROVIDED, further, that if any legal action be filed on this Bond, exclusive venue shall lie
in Collin County, Texas.
AND PROVIDED FURTHER, Surety, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or addition to the terms of the Contract or to the Work
performed thereunder, or the Plans, Specifications, Drawings, etc. accompanying same shall in
any way affect its obligation on this Bond; and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract or to the Work to be performed
thereunder.
The undersigned and designated agent is hereby designated by Surety as the resident
agent in either Collin or Dallas Counties to whom all requisite notice may be delivered and on
whom service of process may be had in matters arising out of this suretyship.
IN WITNESS WHEREOF, this instrument is executed in three copies, each one of which shall be
deemed an original, on this the _____ day of ____________, 20____.
ATTEST: PRINCIPAL:
___________________________________
Company Name
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Typed/Printed Name Typed/Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
[Signatures continued on following page.]
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ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
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GENERAL CONDITIONS
GC.01 PURPOSE: The General Conditions contained herein set forth conditions or
requirements common to this Contract and all other construction contracts issued by
the Town of Prosper.
GC.02 DEFINITIONS: The following words and expressions, or pronouns used in their place,
shall wherever they appear in this Contract, be construed as follows, unless a different
meaning is clear from the context:
CALENDAR DAY: Any days of the week or month, no days being excepted.
CONTRACT DOCUMENTS: All of the written, printed, typed, and drawn
instruments that comprise and govern the performance of the contract as defined
by the Construction Agreement.
ENGINEER: The ENGINEER of the OWNER or his designee.
EXTRA WORK: Work required by the OWNER other than that which is expressly
or impliedly required by the Contract Documents at the time of execution of the
Contract.
HOLIDAYS: The ten official holidays observed are New Year's Day, Martin Luther
King Day, Good Friday, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Day After Thanksgiving Day, Christmas Eve, and Christmas
Day. If a holiday falls on a Saturday, it shall be observed on the preceding Friday.
If a holiday falls on a Sunday, it shall be observed on the following Monday.
OWNER: The Town of Prosper, Texas, acting through the Town Manager under
authority granted by the Town Council.
OWNER'S REPRESENTATIVE: The Executive Director of Development and
Community Services of the Town of Prosper or his designee.
SUB-CONTRACTOR: Any persons, firm or corporation, other than employees of
the CONTRACTOR, who or which contracts with the CONTRACTOR to furnish, or
who actually furnishes, labor and/or materials and equipment at or about the site.
SUBSTANTIALLY COMPLETE: The condition upon which the Work has been
made suitable for use and may serve its intended purpose but may still require
minor miscellaneous work and adjustment.
WORK: All work to be performed by the CONTRACTOR under the terms of the
Contract, including the furnishing of all materials, supplies, machinery, equipment,
tools, superintendence, labor, submittals, services, insurance, permits, certificates,
licenses, and all water, light, power, fuel, transportation, facilities, and other
incidentals.
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WRITTEN NOTICE: Notice required by the Contract shall be served concurrently
to the OWNER'S REPRESENTATIVE, ENGINEER, and/or CONTRACTOR.
Notice delivered by mail shall be effective on the postmark date, notice delivered
by hand shall be effective the date of delivery, and notice delivered by facsimile or
e-mail shall be effective the date of transmission, provided that any notice served
after 5 PM or on a weekend or holiday shall be effective the following business
day.
GC.03 GENERAL RESPONSIBILITIES AND UNDERSTANDINGS:
(a) Intent of Contract Documents: The intent of the Contract Documents is to prescribe
a complete work or improvement, which the CONTRACTOR undertakes to do in
full compliance with the plans, specifications, special provisions, proposal and
contract. The CONTRACTOR shall do all work as provided in the plans,
specifications, special provisions, proposal and contract, and shall do such
additional extra work as may be considered necessary to complete the work in
satisfactory and acceptable manner. The CONTRACTOR shall furnish all labor,
tools, materials, machinery, equipment and incidentals necessary to the
satisfactory prosecution and completion of the work.
(b) No Waiver of Legal Right: Inspection by the OWNER or ENGINEER, any order,
measurement, or certificate by OWNER or ENGINEER, any order by the OWNER
for payment of money, any payment for or acceptance of any work, or any
extension of time, or any possession taken by the OWNER, shall not operate as a
waiver of any provisions of the Contract Documents or any power therein reserved
to the OWNER of any rights or damages therein provided. Any waiver of any
breach of contract shall not be held to be a waiver of any other subsequent breach.
The OWNER deserves the right to correct any error that may be discovered in any
estimate that may have been paid and to adjust the same to meet the requirements
of the contract and specifications. The OWNER reserves the right to claim and
recover by process of law sums as may be sufficient to correct any error or make
good any deficiency in the work resulting from such error, dishonesty or collusion,
upon the conclusive proof of collusion or dishonesty by the CONTRACTOR or his
agents and the ENGINEER or his assistants, discovered in the work after the final
payment has been made.
(c) Changes and Alterations: The CONTRACTOR further agrees that the OWNER or
ENGINEER may make such changes and alterations as the OWNER may see fit,
in the line, grade, form, dimensions, plans or materials for the work herein
contemplated, or any part thereof, either before or after the beginning of the
construction, without affecting the validity of this contract and the accompany
Performance and Payment Bonds.
If such changes or alterations diminish the quantity of the work to be done, they
shall not constitute the basis for a claim for damages for anticipated profits on the
work that may be dispensed with. If the amount of work is increased, such
additional work shall be paid for as provided under Extra Work. In case the
OWNER shall make such changes or alterations as shall make useless any work
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already done or material already furnished or used in said work, then the OWNER
shall recompense the CONTRACTOR for any material or labor so used, and for
any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
(d) Discrepancies and Omissions: It is further agreed that it is the intent of this contract
that all work must be done and all material must be furnished in accordance with
the generally accepted practice, and in the event of any discrepancies between
the separate contract documents, the priority of interpretation defined by the
Construction Agreement shall govern. In the event that there is still any doubt as
to the meaning and intent of any portion of the contract, specifications or drawings,
the ENGINEER shall define which is intended to apply to the work.
(e) Plans and Specifications: The OWNER shall furnish the CONTRACTOR with an
adequate and reasonable number of copies of all plans and specifications without
expense to him, and the CONTRACTOR shall keep one copy of the same
constantly accessible on the work, with the latest revisions noted thereon.
(f) Ownership of Drawings: All drawings, specifications and copies thereof furnished
by the OWNER shall not be reused on other work, and, with the exception of the
signed contract sets, are to be returned to him on request, at the completion of the
work. All models are the property of the OWNER.
(g) Adequacy of Design: It is understood that the OWNER believes it has employed
competent engineers and designers. It is, therefore, agreed that, as to the
CONTRACTOR only, the OWNER shall be responsible for the adequacy of the
design, sufficiency of the Contract Documents, and the practicability of the
operations of the completed project; provided the CONTRACTOR has complied
with the requirements of the said Contract Documents, all approved modifications
thereof, and additions and alterations thereto approved in writing by the OWNER.
The burden of proof of such compliance shall be upon the CONTRACTOR to show
that he has complied with the said requirements of the Contract Documents,
approved modifications thereof and all approved additions and alterations thereto.
(h) Line and Grade: The ENGINEER will furnish control benchmarks for the
construction of the Work. The CONTRACTOR shall use the control benchmarks
and data shown on the drawings. No construction staking will be provided by the
ENGINEER or owner for this project. Any restaking, and all construction staking,
required shall be at the sole cost of the CONTRACTOR.
(i) Right of Way and Easements: The OWNER will obtain all necessary right of ways
and easements required for the completion of the Work. No work shall be
undertaken on nor shall men, tools, equipment, or other supplies occupy any
ground outside right of ways and easements. If Contractor wants to work outside
right of ways and easements and is able to make an agreement with the Property
Owner, then the agreement should be documented and signed by the Property
Owner and CONTRACTOR with a copy submitted to the OWNER before work off
the easement commences.
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The OWNER will obtain permits and/or license agreements necessary for work to
be performed on right of ways or easements owned by other agencies including,
but not limited to, the Texas Departments of Transportation, North Texas Tollway
Authority, BNSF Railway, and utility companies. The CONTRACTOR shall comply
with the conditions of these permits and/or license agreements as if they were a
part of the Contract Documents.
(j) Existing Utilities and Structures: The location of existing utilities shown on the plans
are based on the interpretation of the best available information and are not
warranted by the OWNER or ENGINEER. It shall be the responsibility of the
CONTRACTOR to verify and/or locate the various locations of pertinent utilities
prior to or during construction. If any utility or irrigation system is broken by the
Contractor, it shall be the responsibility of the CONTRACTOR to repair, at his own
expense, the damaged line and restore it to its functional use.
(k) Right of Entry: The OWNER reserves the right to enter the property or location on
which the works herein contracted for are to be constructed or installed, by such
agent or agents as he may elect, for the purpose of inspecting the work, or for the
purpose of constructing or installing such collateral work as said OWNER may
desire. The CONTRACTOR shall conduct his work so as not to impede
unnecessarily any work being done by others on or adjacent to the site.
(l) Collateral Contracts: The OWNER agrees to provide by separate contract or
otherwise, all labor and material essential to the completion of the work specifically
excluded from this contract, in such manner as not to delay the progress of the
work or damage said CONTRACTOR, except where such delays are specifically
mentioned elsewhere in the Contract Documents.
(m) Objections and Determinations: The ENGINEER shall determine all claims
disputes and other matters in question between the CONTRACTOR and the
OWNER relating to the execution or progress of the work or the interpretation of
the Contract Documents. The ENGINEER'S decision shall be rendered in writing
within a reasonable time and shall be binding.
(n) Owner-Engineer Relationship: The duties, responsibilities and limitations of
authority of the ENGINEER during construction are as set forth in the Contract
Documents and shall not be extended or limited without written consent of the
OWNER and ENGINEER. The ENGINEER will advise and consult with the
OWNER, and OWNER'S instructions to the CONTRACTOR may be issued
through the ENGINEER as if they were issued by the OWNER directly.
GC.04 CONTRACTOR RESPONSIBILITIES:
(a) Contractor Independence: The CONTRACTOR is and at all times shall remain an
independent contractor, solely responsible for the manner and method of
completing his work under this contract, with full power and authority to select the
means, method and manner of performing such work, so long as such methods do
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not adversely affect the completed improvements, the OWNER and ENGINEER
being interested only in the result obtained and conformity of such completed
improvements to the Contract Documents.
(b) Assignment and Subletting: The CONTRACTOR agrees that he will retain
personal control and will give his personal attention to the fulfillment of this contract
and that he will not assign by Power of Attorney, or otherwise, or sublet said
contract without the written consent of the OWNER or ENGINEER, and that no
part or feature of the work will be sublet to anyone objectionable to the ENGINEER
or the OWNER. The CONTRACTOR further agrees that the subletting of any
portion or feature of the work, or materials required in the performance of this
contract, shall not relieve the CONTRACTOR from his full obligations to the
OWNER, as provided by this Agreement.
(c) Contractor’s Understanding: It is understood and agreed that the CONTRACTOR
has, by careful examination, satisfied himself as to the nature and location of the
work, the conformation of the ground, the character, quality and quantity of the
materials to be encountered, the character of equipment and facilities needed
preliminary to and during the prosecution of the work, the general and local
conditions, and all other matters which can in any way affect the work under this
contract. No verbal agreement or conversation with any officer, agent or employee
of the OWNER or ENGINEER, either before or after the execution of this contact,
shall affect or modify any of the terms or obligations herein contained.
(d) Duty of Contractor: The CONTRACTOR shall be solely responsible for the safety
of himself, his employees and other persons, as well as for the protection of the
safety of the improvements being erected and the property of himself or any other
person, as a result of his operations hereunder. CONTRACTOR shall be fully and
completely liable, at his own expense, for design, construction, installation and
use, or non-use, of all items and methods incident to performance of the contract,
and for all loss, damage or injury incident thereto, either to person or property,
including, without limitation, the adequacy of all temporary supports, shoring,
bracing, scaffolding, machinery or equipment, safety precautions or devices, and
similar items or devices used by him during construction
(e) Supervision by Contractor: The CONTRACTOR shall give adequate attention to
the faithful prosecution and completion of this contract and shall keep on the work,
during its progress, a competent superintendent and any necessary assistants.
The superintendent shall represent the CONTRACTOR in his absence and all
directions given to him shall be as binding as if given to the CONTRACTOR.
(f) Character of Workmen: The CONTRACTOR agrees to employ only orderly and
competent men, skillful in the performance of the type of work required under this
contract, to do the work; and agrees that whenever the OWNER or ENGINEER
shall inform him in writing that any man or men on the work are, in his opinion,
incompetent, unfaithful or disorderly, such man or men shall be discharged from
the work and shall not again be employed on the work without the OWNER’S or
ENGINEER'S written consent.
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(g) Contractor’s Buildings: The building of structures or the erection of tents or other
forms of protection will be permitted only for use as temporary office space or for
storage of materials, equipment, and supplies and only at such places as the
OWNER or ENGINEER shall direct, and the sanitary conditions of the grounds in
or about such structures shall at all times be maintained in a manner satisfactory
to the OWNER or ENGINEER. At no time shall employees or agents of the
CONTRACTOR occupy such facilities except in conjunction with performance of
the Work.
(h) Protection of Site: The Contractor shall protect all structures, walks, pipe lines,
trees, shrubbery, lawns and other improvements during the progress of his work
and shall remove from the site all debris and unused materials.
(i) Sanitation: Necessary sanitary conveniences for the use of laborers on the work,
properly secluded from public observation, shall be constructed and maintained by
the CONTRACTOR in such manner and at such points as shall be approved by
the OWNER or ENGINEER, and their use shall be strictly enforced.
(j) Equipment, Materials, and Construction Plant: The CONTRACTOR shall be
responsible for the care, preservation, conservation, protection and replacement
of all materials, supplies, machinery, equipment, tools, apparatus, accessories,
facilities, all means of construction, and any and all parts of the work, whether the
CONTRACTOR has been paid, partially paid, or not paid for such work, or whether
OWNER has taken possession of completed portions of such work, until the entire
work is completed and accepted.
(k) Losses from Natural Causes: Unless otherwise specified, all loss or damage to the
CONTRACTOR arising out of the nature of the work to be done, or from the action
of the elements, or from any unforeseen circumstance in the prosecution of the
same, or from unusual obstructions or difficulties which may be encountered in the
prosecution of the work, shall be sustained and borne by the CONTRACTOR at
his own cost and expense.
GC.05 PROTECTION OF PERSONS AND PROPERTY:
(a) Protection Against Claims: If any person files a claim against the OWNER,
OWNER’s Agent or CONTRACTOR for personal injury or property damage
resulting from, arising out of, or caused by, the operations of the CONTRACTOR,
or any Work within the limits of the Project, the CONTRACTOR must either submit
to the OWNER a duly executed full release within thirty (30) calendar days from
the date of written claim, or immediately report the claim to his liability insurance
carrier for their action in adjusting the claim. If the CONTRACTOR fails to comply
with this provision within the stipulated time limit, it will be automatically deemed
that the CONTRACTOR has appointed the OWNER as its irrevocable Attorney In
Fact authorizing the OWNER to report the claim directly with the CONTRACTOR’s
liability insurance carrier. This provision is in and of itself a Power of Attorney from
the CONTRACTOR to the OWNER, which authorizes the OWNER to take said
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action on behalf of the CONTRACTOR without the necessity of the execution of
any other document. If the CONTRACTOR fails to comply with the provisions of
this item, the OWNER, at its own discretion, may terminate this contract or take
any other actions it deems appropriate. Any payment or portion thereof due the
CONTRACTOR, whether it is a final payment, progress payment, payment out of
retainage or refund payment may be withheld by the OWNER. Bankruptcy,
insolvency or denial of liability by the CONTRACTOR’s insurance carrier shall not
exonerate the CONTRACTOR from liability.
As a result of the additional work created to OWNER due to non-response of claims
for damages by CONTRACTOR to third parties, CONTRACTOR shall incur
penalties for failure to abide by this Special Condition.
The CONTRACTOR shall respond to the claimant in writing regarding the status
of the claim, including whether CONTRACTOR disputes the claim, wishes to settle,
or will notify its liability insurance carrier regarding the claim. CONTRACTOR will
be assessed a penalty by OWNER of $75.00 per claim, for its failure to respond to
the claimant as described above within thirty (30) calendar days of its written notice
of claim by the City.
To ensure CONTRACTOR compliance, the OWNER shall be notified, by copied
correspondence of responses or settlement by CONTRACTOR.
(b) Protection Against Accidents to Employees and the Public: The CONTRACTOR
shall at all times exercise reasonable precautions for the safety of employees and
others on or near the work and shall comply with all applicable provisions of
Federal, State, and Municipal safety laws and building and construction codes. All
machinery and equipment and other physical hazards shall be guarded in
accordance with the "Manual of Accident Prevention in Construction" of the
Associated General contractors of America except where incompatible with
Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide
such machinery guards, safe walkways, ladders, bridges, gangplanks, and other
safety devices. The safety precautions actually taken and their adequacy shall be
the sole responsibility of the CONTRACTOR, acting at his discretion as an
independent contractor.
(c) Protection of Adjoining Property: The CONTRACTOR shall take proper means to
communicate with the adjacent or adjoining property owners and protect the
adjacent or adjoining property or properties in any way encountered, which might
be injured or seriously affected by any process of construction to be undertaken
under this Agreement, from any damage or injury by reason of said process of
construction; and he shall be liable for any and all claims for such damage on
account of his failure to fully protect all adjoining property.
(d) Protection Against Royalties or Patented Invention: The CONTRACTOR shall pay
all royalties and license fees, and shall provide for the use of any design, device,
material or process covered by letters patent or copyright by suitable legal
agreement with the patentee or owner.
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(e) Threats to Persons or Property: The CONTRACTOR shall respond promptly to any
imminent threat to persons or property arising from or in relation to performance of
the Work. Failure to promptly correct any threat to persons or property may result
in a temporary suspension of work until such time as the threat is resolved.
GC.06 PROSECUTION AND PROGRESS:
(a) Time and Order of Completion: It is the meaning and intent of this contract, unless
otherwise herein specifically provided, that the CONTRACTOR shall be allowed to
prosecute his work in such manner as shall be most conducive to economy of
construction; provided however, that the order and the time of prosecution shall be
such that the work shall be Substantially Completed as a whole and in part in
accordance with this contract, the plans and specifications, and within the time of
completion designated in the Proposal; provided, also, that when the OWNER is
having other work done, either by contract or by his own force, the ENGINEER
may direct the time and manner of constructing the work done under this contract,
so that conflict will be avoided and the construction of the various works being
done for the OWNER shall be harmonized.
The CONTRACTOR shall submit prior to beginning work, with each pay estimate,
and at other such times as may reasonably be requested by the OWNER or
ENGINEER, schedules which shall show the order in which the CONTRACTOR
proposes to carry on the work, with dates at which the CONTRACTOR will start
the several parts of the work, and estimated dates of completion of the several
parts.
(b) Working Hours: Permissible working hours are 7:00 AM to 7:00 PM Monday
through Saturday, excluding holidays. Working hours are enforced by the Town
of Prosper Police Department. Any variance to these working hours must be
requested by the CONTRACTOR in writing at least two weeks in advance and will
require approval from the OWNER upon positive recommendation of the
ENGINEER.
(c) Extension of Time: Should the CONTRACTOR be delayed in the completion of the
work by any act or neglect of the OWNER or ENGINEER, or of any employee of
either, or by other contractors employed by the OWNER, or by changes ordered
in the work, or by strikes, lockouts, fires, and unusual delays by common carriers,
or uncontrollable cause or causes beyond the CONTRACTOR'S control, and the
OWNER and ENGINEER decides such cause justifies the delay, then an extension
of time sufficient to compensate for the delay as determined by the OWNER or
ENGINEER shall be allowed for completing the work; provided, however, that the
CONTRACTOR shall give the OWNER or ENGINEER prompt notice in writing of
the cause of such delay.
(d) Hindrances and Delays: No claims shall be made by the CONTRACTOR for
damages resulting from hindrances or delays from any cause (except where the
work is stopped by order of the OWNER) during the progress of any portion of the
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work embraced in this contract. In case said work shall be stopped by the act of
the OWNER, then such expense as in the judgment of the ENGINEER is caused
by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR.
(e) Liquidated Damages: The time of completion is of the essence for this Contract.
For each day that any work shall remain uncompleted after the time specified in
the Contract or in an executed Change Order, including milestone completion
dates, substantial completion, and final completion, the OWNER may deduct the
following sum from monies due to the CONTRACTOR for each day the work
remains uncompleted:
(f)
GC.07
Amount of Contract Amount of Liquidated Damages
Less than $50,000 $100 per day
$50,000 to $100,000 $150 per day
$100,000 to $500,000 $200 per day
$500,000 to $1,000,000 $250 per day
$1,000,000 to $5,000,000 $500 per day
Greater than $5,000,000 $750 per day
GC.08 CONTROL OF WORK AND MATERIAL:
(a) Shop Drawings and Submittals: The CONTRACTOR shall submit to the OWNER
or ENGINEER, with such promptness as to cause no delay in his own work or in
that of any other contractor, four (4) checked copies, unless otherwise specified,
of all shop and/or setting drawings and schedules required for the work of the
various trades, and the OWNER or ENGINEER shall pass upon them with
reasonable promptness, noting desired corrections. The CONTRACTOR shall
make any corrections required by the OWNER or ENGINEER, file with him two
corrected copies and furnish such other copies as may be needed. The OWNER’S
or ENGINEER'S approval of such drawings or schedules shall not relieve the
CONTRACTOR from responsibility for deviations from drawings or specifications,
unless he has in writing called the OWNER’S or ENGINEER'S attention to such
deviations at the time of submission, nor shall it relieve him from responsibility for
errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR'S
responsibility to fully and completely review all shop drawings to ascertain their
effect on his ability to perform the required contract work in accordance with the
plans and specifications and within the contract time.
Such review by the OWNER or ENGINEER shall be for the sole purpose of
determining the sufficiency of said drawings or schedules to result in finished
improvements in conformity with the plans and specifications, and shall not relieve
the CONTRACTOR of his duty as an independent contractor as previously set
forth, it being expressly understood and agreed that the OWNER or ENGINEER
does not assume any duty to pass upon the propriety or adequacy of such
drawings or schedules, or any means or methods reflected thereby, in relation to
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the safety of either person or property during CONTRACTOR'S performance
hereunder.
(b) Temporary Traffic Control: Where the Work is carried on, in or adjacent to any
road, alley, sidewalk, trail, or other public space, the CONTRACTOR shall at his
own cost and expense furnish, erect and maintain temporary traffic control devices
and shall take such other precautionary measures for the protection of persons or
property and of the Work as are necessary. A sufficient number and arrangement
of temporary traffic control devices shall be erected to keep vehicles and persons
from entering on or into any work under construction. The CONTRACTOR's
responsibility for the maintenance of barricades, signs and lights, and for providing
watchmen, shall not cease until the project has been accepted by the Owner.
All temporary traffic control devices shall be clearly visible at all times of day and
night. Signs and barricades shall constructed of retro-reflective sheeting, and
cones and other channelizing devices shall have retro-reflective banding. All
temporary traffic control devices shall comply with and have the meanings
prescribed by the Texas Manual of Uniform Traffic Control Devices.
The Contractor shall at all times coordinate the closing of any section of road, alley,
sidewalk, trail, or other public space with the OWNER or ENGINEER. When such
a closing is anticipated to have a duration longer than one (1) hour, the
CONTRACTOR shall submit a traffic control plan at least 72 hours in advance to
the OWNER or ENGINEER for review and approval.
The CONTRACTOR shall be held responsible for all damage to the Work due to
failure of barricades, signs, to protect it, and whenever evidence is found of such
damage, the OWNER or ENGINEER may order the damaged portion immediately
removed and replaced by the CONTRACTOR at his cost and expense.
(c) Public Convenience: Materials stored about the Work shall be so placed, and the
Work shall at all times to be so conducted, as to cause no greater obstruction to
the traveling public than is considered necessary by the OWNER. The
CONTRACTOR shall make provisions at all roads, alleys, sidewalks, trails, and
private driveways for the free passage of pedestrians and vehicles provided that
where free passage is impractical or unnecessary in the opinion of the OWNER,
the CONTRACTOR may make arrangements satisfactory to the OWNER for the
diversion of traffic and shall, at his own expense, provide all material and perform
all work necessary for the construction and maintenance of such diversions. The
materials excavated, and the construction materials or plant used in the
construction of the Work, shall be placed so as not to endanger the Work or prevent
free access to all public and private utilities and related appurtenances.
The OWNER reserves the right to remedy any neglect on the part of the
CONTRACTOR as regards to the public convenience and safety which may come
to its attention after twenty-four (24) hours’ notice in writing the CONTRACTOR,
save in cases of emergency, when it shall have the right to remedy any neglect
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without notice; and in either case, the cost of such work done by the OWNER shall
be deducted from monies due or to become due to the Contractor.
(d) Testing of Materials: Testing and inspection of materials required by the
specifications shall be performed by a commercial testing laboratory selected by
the CONTRACTOR and approved by the OWNER. Except as otherwise noted,
the costs of laboratory tests will be paid by the CONTRACTOR, including any
materials or specimens for testing. Any testing of material or workmanship
required due to failure will be paid for by the CONTRACTOR. This payment will
be made direct to the testing laboratory by the CONTRACTOR.
The CONTRACTOR shall furnish at his own expense, suitable evidence that the
materials he proposes to incorporate into the work are in accordance with the
specifications. Mill tests for reinforcing steel and cement will be acceptable if it is
definite that the test sheets apply to the material being furnished. Manufacturer's
or supplier's test results will be acceptable for such items as pipe, valves, hydrants
when it is definite that the material being furnished is in accordance with the
manufacturer's or supplier's specifications to which the test results apply.
Supplier's evidence of quality and gradation of asphaltic material will be acceptable
as long as the material is secured from the sources to which the evidence applies.
Should the CONTRACTOR fail to provide the above information, or should the
validity of the above information be called into question, the OWNER shall have
the right to require tests to be made by the OWNER's laboratory to obtain this
information and the cost therefore shall be borne by the CONTRACTOR or
deducted from monies owed by the OWNER to the CONTRACTOR.
(e) Trench Excavation Protection: It is the sole duty, responsibility, and prerogative of
the CONTRACTOR, not the OWNER or ENGINEER, to determine the specific
applicability of a trench safety system to each field condition encountered on the
project as required by Part 1926, Sub-part P-Excavations, Trenching, and Shoring
of the Occupational Safety and Health Administration's Standards and
Interpretations. It will be the Contractor's responsibility to identify the soil type and
to accurately adjust his trench safety methods according to the OSHA
requirements.
(f) Explosives: The use of explosives shall not be permitted.
GC.09 INSPECTION AND ACCEPTANCE:
(a) Inspection of Work: Inspection will be performed by representatives of the
OWNER, ENGINEER, other reviewing agencies, and their designees. It is the
intent of the OWNER to inspect all work on this project. The CONTRACTOR is
responsible for verifying with the OWNER, ENGINEER, or other reviewing
agencies when an inspector is and is not required. The CONTRACTOR shall
furnish the OWNER, ENGINEER, other reviewing agencies, and their designees
reasonable access and facilities for inspecting the Work and determining whether
or not the Work is in accordance with the Contract Documents
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The CONTRACTOR shall be responsible for all costs associated with verifying the
acceptability of work completed without proper inspection, as directed by the
OWNER, ENGINEER, or other reviewing agency. If deemed to be unacceptable,
the work may be ordered removed at the CONTRACTOR's expense.
(b) Inspection Overtime: The OWNER and ENGINEER will provide inspection staff on
weekdays between 8:00 AM and 5:00 PM. Inspection performed outside these
hours or on weekends or holidays may be subject to an inspection overtime fee
determined by the OWNER and ENGINEER. The CONTRACTOR is responsible
for determining inspection overtime rules of other reviewing agencies.
(c) Use of Completed Portions: The OWNER shall have the right to take possession
of and use any completed or partially completed portions of the work,
notwithstanding the time for completing the entire work or such portions may not
have expired. Such taking possession and use shall not be deemed an
acceptance of any work not completed in accordance with the Contract
Documents, nor shall the risk of loss change from CONTRACTOR to OWNER. If
such prior use increases the cost of or delays the work, the CONTRACTOR shall
be entitled to such extra compensation, or extension of time, or both, as the
OWNER or ENGINEER may determine.
(d) Defects and their Remedies: If the Work or any portion thereof, or any material
brought on the site of the Work for use in the Work or selected for the same, shall
be deemed by the OWNER or ENGINEER as unsuitable or not in conformity with
the specifications, the CONTRACTOR shall, after receipt of written notice thereof
from the OWNER or ENGINEER, forthwith remove such material and rebuild or
otherwise remedy such work so that it shall be in full accordance with this contract.
(e) Preliminary Final Inspection: Upon substantial completion of the Work, the
CONTRACTOR shall request a preliminary final inspection of the Work by
representatives of the OWNER, ENGINEER, and other reviewing agencies. The
OWNER or ENGINEER will provide written notice of any defects to the
CONTRACTOR and the CONTRACTOR shall promptly remedy such defects in
accordance with the Contract Documents.
(f) Final Inspection: Upon completion of all items identified on the punch list, the
CONTRACTOR shall request a final inspection of the Work by representatives of
the OWNER, ENGINEER, and other reviewing agencies. If additional defects are
noted, the CONTRACTOR shall promptly remedy such defects and repeat this
process. If the Work is found to be acceptable, the OWNER or ENGINEER will
provide written notice of Completion of the Work to the CONTRACTOR.
(g) Acceptance: Upon Completion, the CONTRACTOR shall submit to the OWNER or
ENGINEER such documentation as is necessary to insure that the work has been
completed, subcontractors and suppliers have been paid, any claims received
have been settled, and other documentation as required by the OWNER or
ENGINEER. If the documentation is found to be acceptable, the OWNER or
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ENGINEER will issue a written notice of Acceptance of the Work to the
CONTRACTOR.
GC.10 MEASUREMENT AND PAYMENT:
(a) Estimated Quantities: The quantities of each item on the bid proposal blank
represent the approximate amount of work to be done. Final quantities actually
built will be determined and paid for by actual measurements on the ground of the
final work completed. Bidders are especially notified that no incidental items of
work will be paid for unless there appears an item in the proposal blank for such
work. It must be strictly understood that the prices bid are for complete and
acceptable work.
(b) Measurement: Quantities of individual items of work shall be based on the final, in-
place quantity of the item of work, measured or computed using the units specified
in the Proposal. Where a discrepancy in measured or computed quantities occurs
among the OWNER, ENGINEER, and CONTRACTOR, the parties attempt to
reconcile the discrepancy. If no reconciliation is possible, the determination of the
ENGINEER shall be used.
(c) Progress Payments: As close as practical to the end of each month in which work
has been performed, the CONTRACTOR shall prepare and submit to the OWNER
an application for payment showing as completely as practicable the total value of
the work done by the CONTRACTOR up to and including the last day immediately
preceding the date of such application and the value of all sound materials
delivered on the site of the work that are to be fabricated into the work.
The OWNER'S REPRESENTATIVE and/or ENGINEER shall promptly review
CONTRACTOR'S application for payment, shall either approve or modify the total
value of the work done by CONTRACTOR and the value of materials delivered on
the site, and shall submit to OWNER such application for payment as approved or
modified with OWNER’S REPRESENTATIVE'S and/or ENGINEER'S
recommendation affixed thereto within ten (10) business days following the receipt
of the application from CONTRACTOR.
The OWNER shall pay the CONTRACTOR within thirty (30) days following receipt
of the application from CONTRACTOR, less any amount held for retainage or
outstanding claims or defective work.
(d) Payment Withheld: The OWNER may withhold any payment otherwise due to the
CONTRACTOR. The amount of any withheld payment shall be as necessary to
protect the OWNER's interest in the following circumstances:
(i) unsatisfactory progress of the Work within the CONTRACTOR's control;
(ii) reasonable doubt that the Work can be completed for the unpaid balance;
(iii) failure of the CONTRACTOR to carry out orders of the OWNER;
(iv) defective work not remedied;
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(v) the filing of a claim against the CONTRACTOR or reasonable evidence that
a claim will be filled against the CONTRACTOR;
(vi) failure of the CONTRACTOR to make payment to subcontractors or
suppliers for material and labor used in performance of the Work;
(vii) unsafe working conditions or threats to persons or property allowed to
persist by the CONTRACTOR;
(viii) failure of the CONTRACTOR to provide work schedules, invoices, or other
records requested by the OWNER;
(ix) use of subcontractors without the consent of the ENGINEER or OWNER;
(x) or, failure of the CONTRACTOR to keep current redline as-built drawings
at the job site or to turn redline as-built drawings over to the OWNER.
GC.11 EXTRA WORK AND CLAIMS:
(a) Change Orders: Without invalidating this Agreement, the OWNER may, at any time
or from time to time, order additions, deletions or revisions to the work; such
changes will be authorized by written Change Order prepared by the OWNER for
execution by the CONTRACTOR. The Change Order shall set forth the basis for
any change in contract price, as hereinafter set forth for Extra Work, and any
change in contract time which may result from the change.
In the event the CONTRACTOR shall refuse to execute a Change Order which
has been prepared by the OWNER, the OWNER may in writing instruct the
CONTRACTOR to proceed with the work as set forth in the Change Order and the
CONTRACTOR may make claim against the OWNER for Extra Work involved
therein, as hereinafter provided.
(b) Minor Changes: The OWNER or ENGINEER may authorize minor changes in the
work not inconsistent with the overall intent of the Contract Documents and not
involving an increase in Contract Price. If the CONTRACTOR believes that any
minor change or alteration authorized by the OWNER or ENGINEER involves
Extra Work and entitles him to an increase in the Contract Price, the
CONTRACTOR shall make written request to the OWNER or ENGINEER for a
written Field Order.
Any request by the CONTRACTOR for a change in Contract Price shall be made
in writing in accordance with the provisions of this section prior to beginning the
work covered by the proposed change.
(c) Extra Work: It is agreed that the basis of compensation to the CONTRACTOR for
work either added or deleted by a Change Order or for which a claim for Extra
Work is made shall be determined by one or more of the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) nor Method (B) be agreed upon before
the Extra Work is commenced, then the CONTRACTOR shall be paid the
"actual field cost" of the work, plus fifteen (15) percent.
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In the event said Extra Work be performed and paid for under Method (C), then
the provisions of this paragraph shall apply and the "actual field cost" is hereby
defined to include the cost to the CONTRACTOR of all workmen, such as foreman,
timekeepers, mechanics and laborers, and materials, supplies, teams, trucks,
rentals on machinery and equipment, for the time actually employed or used on
such Extra Work, plus actual transportation charges necessarily incurred, together
with all power, fuel, lubricants, water and similar operating expenses, also all
necessary incidental expenses incurred directly on account of such Extra Work,
including Social Security Old Age Benefits and other payroll taxes, and, a rateable
proportion of premiums on Performance and Payment Bonds and Maintenance
Bonds, Public Liability and Property Damage and Workmen's Compensation, and
all other insurance as may be required by any law or ordinance, or directed by the
OWNER, or by them agreed to. The OWNER or ENGINEER may direct the form
in which accounts of the "actual field cost" shall be kept and the records of these
accounts shall be made available to the OWNER or ENGINEER. The OWNER or
ENGINEER may also specify in writing, before the work commences, the method
of doing the work and the type and kind of machinery and equipment to be used;
otherwise these matters shall be determined by the CONTRACTOR. Unless
otherwise agreed upon, the prices for the use of machinery and equipment shall
be determined by using 100 percent, unless otherwise specified, of the latest
schedule of Equipment Ownership Expense adopted by the Associated General
Contractors of America. Where practicable the terms and prices for the use of
machinery and equipment shall be incorporated in the written Change Order. The
fifteen percent (15%) of the "actual field cost" to be paid the CONTRACTOR shall
cover and compensate him for his profit, overhead, general superintendence and
field office expense, and all other elements of cost and expense not embraced
within the "actual field cost" as herein defined; save that where the
CONTRACTOR'S Camp or Field Office must be maintained primarily on account
of such Extra Work, then the cost to maintain and operate the same shall be
included in the "actual field cost."
No claim for Extra Work of any kind will be allowed unless ordered in writing by the
OWNER or ENGINEER. In case any orders or instructions, either oral or written,
appear to the CONTRACTOR to involve Extra Work for which he should receive
compensation or an adjustment in the construction time, he shall make written
request to the OWNER or ENGINEER for written order authorizing such Extra
Work. Should a difference of opinion arise as to what does or does not constitute
Extra Work, or as to the payment therefore, and the OWNER or ENGINEER insists
upon its performance, the CONTRACTOR shall proceed with the work after
making written request for written order and shall keep an accurate account of the
"actual field cost" thereof, as provided under Method (C). The CONTRACTOR will
thereby preserve the right to submit the matter of payment to a court of general
jurisdiction to decide the matter, otherwise the CONTRACTOR shall waive all
claims for payment for Extra Work.
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GC.12 CONTRACT TERMINATION
(a) Abandonment by CONTRACTOR: In case the CONTRACTOR should abandon
and fail or refuse to resume work within ten (10) days after written notification from
the OWNER or ENGINEER, or if the CONTRACTOR fails to comply with the orders
of the OWNER or ENGINEER, when such orders are consistent with the Contract
Documents, then, and in that case, where performance and payment bonds exist,
the Sureties on these bonds shall be notified in writing and directed to complete
the work, and a copy of said notice shall be delivered to the CONTRACTOR.
After receiving said notice of abandonment, the CONTRACTOR shall not remove
from the work any machinery, equipment, tools, materials or supplies then on the
job, but the same, together with any materials and equipment under contract for
the work, may be held for use on the work by the OWNER or the Surety on the
performance bond, or another contractor in completion of the work; and the
CONTRACTOR shall not receive any rental or credit therefore (except when used
in connection with Extra Work, where credit shall be allowed as provided for under
Section 6, Extra Work and Claims), it being understood that the use of such
equipment and materials will ultimately reduce the cost to complete the work and
be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for
completion hereinbefore provided for, within ten (10) days after service of such
notice, then the OWNER may provide for completion of the work in either of the
following elective manners:
The OWNER may employ such force of men and use such machinery, equipment,
tools, materials and supplies as said OWNER may deem necessary to complete
the work and charge the expense of such labor, machinery, equipment, tools,
materials and supplies to said CONTRACTOR, and expense so charged shall be
deducted and paid by the OWNER out of such moneys as may be due, or that may
thereafter at any time become due to the CONTRACTOR under and by virtue of
this Agreement. In case such expense is less than the sum which would have
been payable under this contract, if the same had been completed by the
CONTRACTOR, then said CONTRACTOR shall receive the difference. In case
such expense is greater than the sum which would have been payable under this
contract, if the same had been completed by said CONTRACTOR, then the
CONTRACTOR and/or his Surety shall pay the amount of such excess to the
OWNER; or
The OWNER under sealed bids, after five (5) days’ notice published one or more
times in a newspaper having general circulation in the county of the location of the
work, may let the contract for the completion of the work under substantially the
same terms and conditions which are provided in this contract. In the case of any
increase in cost to the OWNER under the new contract as compared to what would
have been the cost under this contract, such increase shall be charged to the
CONTRACTOR and the Surety shall be and remain bound therefore. However,
should the cost to complete any such new contract prove to be less than what
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would have been the cost to complete under this contract, the CONTRACTOR
and/his Surety shall be credited therewith.
When the work shall have been substantially completed the CONTRACTOR and
his Surety shall be so notified and Certificates of Completion and Acceptance shall
be issued. A complete itemized statement of the contract accounts, certified to by
the OWNER or ENGINEER as being correct, shall then be prepared and delivered
to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/or his
Surety, or the OWNER as the case may be, shall pay the balance due as reflected
by said statement, within fifteen (15) days after the date of such Certificate of
Completion.
After final completion of the work and in the event the statement of accounts shows
that the cost to complete the work is less than that which would have been the cost
to the OWNER had the work been completed by the CONTRACTOR under the
terms of this contract; or when the CONTRACTOR and/or his Surety shall pay the
balance shown to be due by them to the OWNER, then all machinery, equipment,
tools, materials or supplies left on the site of the work shall be turned over the
CONTRACTOR and/or his Surety. Should the cost to complete the work exceed
the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount
due the OWNER within the time designated hereinabove, and there remains any
machinery, equipment, tools, materials or supplies on the site of the work, notice
thereof, together with an itemized list of such equipment and materials, shall be
mailed to the CONTRACTOR and his Surety at the respective addresses
designated in this contract; provided, however, that actual written notice given in
any manner will satisfy this condition. After mailing, or other giving of such notice,
such property shall be held at the risk of the CONTRACTOR and his Surety subject
only to the duty of the OWNER to exercise ordinary care to protect such property.
After fifteen (15) days from the date of said notice the OWNER may sell such
machinery, equipment, tools, materials or supplies and apply the net sum derived
from such sale to the credit of the CONTRACTOR and his Surety. Such sale may
be made at either public or private sale, with or without notice, as the OWNER may
elect. The OWNER shall release any machinery, equipment, tools, materials, or
supplies, which remain on the work, and belong to persons other than the
CONTRACTOR or his Surety, to their proper owners.
(b) Abandonment by OWNER: In case the OWNER shall fail to comply with the terms
of this contract within ten (10) days after written notification by the CONTRACTOR,
then the CONTRACTOR may suspend or wholly abandon the work, and may
remove therefrom all machinery, tools and equipment, and all materials on the site
of work that have not been included in payments to the CONTRACTOR and have
not been wrought into the work. Thereupon the ENGINEER shall make an
estimate of the total amount earned by the CONTRACTOR, which estimate shall
include the value of all work actually completed by said CONTRACTOR, the value
of all partially completed work at a fair and equitable price, and the amount of all
Extra Work performed at the prices agreed upon, or provided for by the items of
this contract, and a reasonable sum to cover the cost of any provisions made by
the CONTRACTOR to carry the whole work to completion and which cannot be
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utilized. The ENGINEER shall then make a final statement of the balance due the
CONTRACTOR by deducting from the above estimate all previous payments by
the OWNER and all other sums that may be retained by the OWNER under the
terms of this Agreement and shall certify same to the OWNER who shall pay to the
CONTRACTOR on or before thirty (30) days after the date of delivery to OWNER
of such certified final statement.
(c) Termination of Contract in Case of National Emergency: Whenever, because of a
national emergency, so declared by the President of the United States or other
lawful authority, it becomes impossible for the Contractor to obtain all of the
necessary labor, material and equipment for the prosecution of the work with
reasonable continuity for a period of two (2) months, the Contractor shall within
seven (7) days notify the Owner in writing, giving a detailed statement of the efforts
which have been made and listing all necessary items of labor, material and
equipment not obtainable. If, after investigation, the Owner finds that such
conditions exist and that the inability of the Contractor to proceed is not attributable
in whole or in part to the fault or neglect of the Contract, then if the Owner cannot
after reasonable effort assist the Contractor in procuring and making available the
necessary labor, materials, and equipment within thirty (30) days, the Contractor
may request the Owner to terminate the contract and the Owner shall within thirty
(30) days comply with the request, and the termination shall be based on a final
settlement, which shall include, but not be limited to, the payment for all work
executed.
SPECIAL CONDITIONS
SC.01 PURPOSE: The Special Conditions contained herein set forth conditions or
requirements particular to this Contract:
CRAIG STREET RECONSTRUCTION
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The Special Conditions supplement the General Conditions and the Standard
Specifications and take precedence over any conditions or requirements of the
General Conditions and the Standard Specifications with which they are in conflict.
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SC.02 DEFINITIONS: The following words and expressions, or pronouns used in their place,
shall wherever they appear in this Contract, be construed as follows, unless a different
meaning is clear from the context:
ENGINEER: The Engineer of Record as shown on the Construction Drawings:
Frank E. Jaromin P.E, Town of Prosper, Texas, or his designee.
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TECHNICAL SPECIFICATIONS
Technical Specifications:
Section SW3P
Details
Special Instructions
Hot Mix Asphaltic Concrete
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SW3P-1
SECTION SW3P
STORM WATER POLLUTION PREVENTION PLAN
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SW3P-2
SECTION SW3P
STORM WATER POLLUTION PREVENTION PLAN
1. The Contractor will be required to provide a separate Storm Water Pollution Prevention
Plan. The Erosion Control Plans included in the construction plans will not be
considered a Storm Water Pollution Prevention Plan.
2. The Contractor will be required to submit a Storm Water Pollution Prevention Plan
(SW3P) to the Town of Prosper for this project before the Notice to Proceed will be
granted. The SW3P shall comply with the regulations established by the Texas
Commission on Environmental Quality (TCEQ).
3. The Contractor will be required to submit all appropriate forms, including the NOI and
NOT, as well as being responsible for producing and submitting all inspection reports
throughout the duration of the project to the TCEQ and the Town of Prosper. The
Contractor will be responsible for submitting the NOI and NOT on behalf of the Town of
Prosper, including all fees associated with these forms. The Contractor shall submit two
(2) copies of all NOIs and proof of payment of NOIs to the Town of Prosper before the
Notice to Proceed will be granted.
Payment:
Payment for this work shall be considered subsidiary to the pay items.
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Special Instructions 1
PROSPER ROAD IMPROVEMENT PROJECT 2017
CRAIG STREET – PRESTON ROAD TO PISD
BID NO. BID NUMBER 2017-30-B
SPECIAL INSTRUCTIONS
1.00 GENERAL
1.01 WORK INCLUDED
Furnish labor, materials, equipment, testing and incidentals necessary to perform
operations in connection with the construction of 5” asphalt paving. Re-grade ditches
after completion of work. Roadways will remain open to one way traffic during
construction.
ANTICPATED PROCEEDURE
A. Grind, mix and compact 6” of existing road base in two phases and remove as
necessary.
B. Install new paving to replace existing widths.
C. Access must be provided to all entrances.
D. Grade and compact roadway to near existing profile and configuration less thickness of
pavement. Subgrade may require additional excavation or fill for proper transition to
existing driveways and street connections. Some areas will require additional fill, all work
is subsidiary to Mix and Compact Roadway.
E. Pave with 2” Type D asphalt and 3” Type B asphalt in two layers as shown on drawings.
F. Pave drive three feet by width 2” Type D and 2” Type B as determined by inspector.
G. Pull shoulders with top soil (no rocks or asphalt) and grade ditches to drain.
H. Prior to the start of construction the Contactor shall submit a traffic control plan for
approval by the Town.
I. Craig Street road work will not start prior to June 5, 2017.
J. All Asphalt work shall conform to TxDOT Standards.
K. Cores to be at 300 lf, right center and left configuration.
L. Craig Street will be one way north bound from Preston Road though construction site.
M. Town Staff will seed after construction.
1.02 TRAFFIC CONTROL SIGNAGE
The contractor shall install and maintain all required signage and shall comply with
Texas Department of Transportation (TXDOT) Standards. The Contractor shall supply
the Town with a Traffic Control plan prior to work.
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Special Instructions 2
1.03 RESIDENTS MEETING
There could be as many as two evening meeting to discuss this work with the residents.
The Contractors Superintendent will be required to be present at this meeting to discuss
process and what to expect.
1.04 ACCESS TO THE PROJECT
The contractor will be expected to help the residents with trash pick up. When access is
not availably the contractor will notify the residents prior to restricting access. Access will
be maintained to all areas. During in raining weather the contractor shall provide
manpower, materials, and equipment to maintain driveways and intersections.
END OF SECTION
Item 13
Hot Mix Asphaltic Concrete 1
HOT MIX ASPHALTIC CONCRETE
1.00 GENERAL
1.01 WORK INCLUDED
Furnish labor, materials, equipment and incidentals necessary to perform operations in
connection with the construction of hot mix asphaltic concrete (HMAC) base course, leveling-up
course and surface course or any other combination of these courses. Construct the pavement
on the previously completed and approved subgrade, base,or existing pavement.
1.02 QUALITY ASSURANCE
A. DESIGN CRITERIA
Use the services of an independent testing laboratory to prepare a mix design to comply with
Texas Department of Transportation, Standard Specification Item 340 or may use a
previously prepared mix design meeting the specification requirements with satisfactory
substantiation of experience with the mix.
1.03 SUBMITTALS
Submittals shall be in accordance with Section 01300, SUBMITTALS and shall include:
A. A mix design
B. [List as necessary]
1.04 STANDARDS
Hot mix asphaltic concrete (HMAC) pavement shall conform to the requirements of the current
Texas Department of Transportation (TXDOT), Standard Specification for "Hot Mix Asphaltic
Concrete Pavement", Item 340.
Asphaltic material shall comply with Texas Department of Transportation (TXDOT) Standard
Specification Item 300.
1.05 DELIVERY AND STORAGE
Haul the asphaltic mixture to the job site in tight vehicles previously cleaned of foreign materials.
Arrange the dispatching of vehicles so that all material delivered shall be placed and all rolling
shall be completed during daylight hours. In cool weather, or for long hauls, canvas covers may
be required. The inside of the truck body may be given a light coating of oil, if necessary, to
prevent the asphaltic mixture from adhering to the body.
1.06 JOB CONDITIONS
A. Do not apply prime coat when the air temperature is below 50 degrees Fahrenheit and falling,
but may be applied when the air temperature is above 40 degrees Fahrenheit and rising, the
air temperature being taken in the shade and away from artificial heat. Do not place
asphaltic material when general weather conditions, in the opinion of the Owner’s
Representative are not suitable.
B. The asphaltic mixture shall be at a temperature between 225 and 350 degrees Fahrenheit
when dumped from the mixer. The Owner’s Representative shall determine the temperature,
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Hot Mix Asphaltic Concrete 2
within the above limitations. The mixture when dumped from the mixer shall not vary from
the selected temperature more than 30 degrees Fahrenheit.
1.07 OPTIONS [NOT USED]
1.08 GUARANTEES [NOT USED]
2.00 PRODUCTS
2.01 MATERIALS
A. AGGREGATE: Conform to TXDOT Standard Specification Item 340. The Type "B" mixtures
and at least three bins when producing Type "D" mixture. These bins shall contain the
following sizes of aggregate, in percentages by weight or by volume, as applicable.
Gradation for base course or leveling-up course shall comply with Type B listed as follows:
Type "B" (Fine Graded Base Course):
Sieve Size % passing by weight or volume
1” 100
7/8” 95-100
5/8” 75-95
3/8” 60-80
No.4 40-60
No. 10 27-40
No. 40 10-25
No. 80 3-13
No. 200 1-6
VMA % minimum 11
The asphaltic material shall form from 3.5 to 7 percent of the mixture by weight unless
specified otherwise on the plans.
Gradation for surface course shall comply with Type D listed as follows:
Type "D" (Fine-Graded Surface Course):
Sieve Size % passing by weight or volume
1/2” 100
3/8” 85-100
No. 4 50-70
No.10 32-42
No. 40 11-26
No. 80 4-14
No. 200 1-6
VMA % Minimum 14
The asphaltic material shall form 4 to 8 percent of the mixture by weight.
B. ASPHALTIC MATERIALS: Comply with TXDOT Standard Specification Item 300. In
general, the grade of asphalt shall be AC-20. Other grades of asphalt shall be considered if
weather conditions or mix design appear to warrant a change. Prime coat shall comply with
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Hot Mix Asphaltic Concrete 3
TXDOT Standard Specification Item 300, Grade MC-30. Tack coat shall meet the
requirements of cutback asphalt RC-2 and ASTM D-2027.
2.02 MIXES [NOT USED]
2.03 FABRICATIONS [NOT USED]
2.04 MANUFACTURED PRODUCTS [NOT USED]
2.05 EQUIPMENT
The equipment necessary for the construction of the hot mix asphaltic concrete pavement shall
be on the project site and shall be approved by the Owner’s Representative as to condition
before the Contractor shall be permitted to begin construction operations on which the equipment
is to be used. Equipment shall be maintained in good repair and operating condition.
A. SPREADING AND FINISHING MACHINES
The spreading and finishing machine shall be of a type approved by the Owner’s
Representative and capable of producing a surface that shall meet the requirements of the
typical cross section and surface test.
B. ROLLERS
1. PNEUMATIC TIRE ROLLER
The roller shall consist of not less than seven (7) pneumatic tire wheels, running on axles
in such a manner that the rear group of tires shall cover the entire gap between adjacent
tires of forward group; mounted in a rigid frame; and provided with a loading platform or
body suitable for ballast loading. The front axle shall be attached to the frame in such a
manner that the roller may be turned within a minimum circle. The tire shall afford
surface contact pressures up to 90 pounds per square inch or more. The roller shall be
so constructed as to operate in both forward and a reverse direction with suitable
provisions for moistening the surface of the tires while operating; and shall be approved
by the Owner’s Representative.
2. TWO AXLE TANDEM ROLLER
The roller shall be an acceptable power-driven, steel-wheel tandem roller weighing not
less than eight (8) tons. The roller must operate in forward and reverse directions;
contain provisions for moistening the surface of the wheels while in motion; and shall be
approved by the Owner’s Representative.
3. THREE WHEEL ROLLER
The roller shall be an acceptable power-driven, all steel three (3) wheel roller weighing
not less than ten (10) tons. The roller must operate in forward and reverse directions;
contain provisions for moistening the surface of the wheels while in motion; and shall be
approved by the Owner’s Representative.
4. VIBRATORY STEEL WHEEL ROLLER
If approved for use by the Owner’s Representative, this roller shall have a minimum
weight of six (6) tons. The compactor shall be equipped with amplitude and frequency
controls and shall be specifically designed to compact the material on which it is used.
The roller shall be operated in accordance with the Manufacturer's recommendations.
C. STRAIGHTEDGES
The Contractor shall provide acceptable straightedges for the surface testing. Satisfactory
templates shall be provided as required by the Owner’s Representative.
3.00 EXECUTION
3.01 PREPARATION
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Hot Mix Asphaltic Concrete 4
A. PRIME COAT
Apply a uniform coat of prime coat asphaltic material to the surface of the prepared
subgrade, sub-base, or base, applied at a rate of not less than 0.30 gallon per square yard of
surface. Apply a thin uniform coat of the prime coat material to contact surfaces of gutters,
manholes, and other structures.
B. TACK COAT
Thoroughly clean the surface of the asphalt base course and apply a uniform coat of tack material meeting the requirements for cutback asphalt RC-250.Apply a tack coat when the surface to be paved is portland cement concrete, brick, or asphaltic pavement. Apply the tack coat using sprayer at a rate not exceeding 0..05 gallon per square yard surface. Paint contact surfaces of curbs, gutters, vertical faces, and other structures in actual contact with asphaltic mixes with asphaltic material to provide a closely bonded, water-tight joint.
C. COMPACTED THICKNESS OF ASPHALTIC CONCRETE SURFACE COURSES AND
BASE COURSES
1. SURFACE COURSE
The compacted thickness or depth of the asphaltic concrete surface shall be as indicated
on the plans. Where the plans indicate a depth or thickness of the surface course
greater than 2" compacted depth, same shall be placed in multiple courses of equal
depth, each which shall not exceed 2" compacted depth. A tack coat is required between
any of the multiple courses, and applied at the rate specified.
2. BASE COURSE
The compacted thickness or depth of each base shall be as indicated. Where the plans
indicate a depth or thickness of the course greater than 4", same shall be accomplished
by constructing multiple lifts of approximately equal depth, each of which shall not exceed
these maximum compacted depths. An additional tack coat is required between any of
the multiple lifts, and applied at a rate specified.
3.02 PLACEMENT
A. Place the asphaltic mixture on an approved base course with the previously specified
spreading and finishing machine in such a manner that, when properly compacted, the
finished course shall comply with the maximum thickness requirements, shall be smooth, of
uniform density and meet the requirements of the typical cross sections and the surface test.
During the placing and spreading of the asphaltic material, take care to prevent the spilling of
the material onto adjacent pavement, gutters, or structures.
B. In small areas, which are inaccessible to the spreading and finishing machine, hand
spreading may be authorized by the Owner’s Representative, provided an acceptable surface
can be obtained.
3.03 COMPACTION
A. Rolling with the 3-wheel and tandem rollers shall start longitudinally at the sides and proceed
toward the center of the surface course, overlapping on successive trips by at least half the
width of the rear wheels. Alternate trips of the roller shall be slightly different in length.
Rolling with the pneumatic tire roller shall be done as directed by the Owner’s
Representative. Rolling shall continue until no further compression can be obtained and all
roller marks are eliminated. The motion of the rollers shall be slow enough at all times to
avoid displacement of the asphaltic surface material. If displacement should occur, correct
the situation at once by the use of rakes and fresh asphaltic mixtures. The roller shall not be
allowed to stand on the surface course when it has not been fully compacted and allowed to
cool. To prevent adhesion of the surface to the roller, the wheels shall be kept thoroughly
moistened with water, but an excess of water shall not be permitted. Rollers must be in good
mechanical condition. Take the necessary precautions to prevent the dripping of gasoline,
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Hot Mix Asphaltic Concrete 5
oil, grease, or other foreign matter on the surface course while the rollers are in motion or
when standing. In areas where surface course cannot be compacted with the roller, hand
tamps, lightly oiled, shall be used to secure the required compaction.
B. With approval by the Owner’s Representative, the vibratory steel wheel roller may be
substituted for the 3-wheel roller and tandem roller. Each course, after final compaction,
shall contain from 5 to 9 percent air voids determined by TXDOT Test Method TEX207-F.
3.04 FIELD QUALITY CONTROL
A. SURFACE TESTS
The finished surface of the pavement after compression shall be smooth and true to the
established line, grade, and cross section. When tested with a 16' straightedge placed
parallel to the centerline of the roadway, the finished surface shall have no deviation in
excess of 1/16" per foot from the nearest point of contact. The maximum ordinate measured
from the face of the straightedge shall not exceed 1/4" at any point. Any point in the
pavement surface not meeting these requirements shall be immediately corrected.
B. PAVEMENT THICKNESS TEST
Upon completion of the work and before final acceptance and final payment shall be made,
pavement thickness test shall be made by the Owner or his authorized representative unless
otherwise specified in the special provisions or in the plans. The number and location of
tests shall be at the discretion of the Owner’s Representative. The cost for the initial
pavement thickness test shall be at the expense of the Owner. In the event a deficiency in
the thickness of the pavement is revealed during normal testing operations, subsequent tests
necessary to isolate the deficiency shall be at the Contractor's expense. The cost for the
additional coring test shall be at the same rate charged by commercial laboratories.
3.05 CLEAN AND ADJUST [NOT USED]
3.06 SCHEDULES [NOT USED]
END OF SECTION
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