05.23.17 Town Council Regular Meeting PacketPage 1 of 3
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
3. Presentations/Proclamations
• Administer Oaths of Office and Present Certificates of Election to Curry Vogelsang,
Jr., Place 3, and Jeff Hodges, Place 5, of the Prosper Town Council. (RB)
• Presentation of Certificates of Appreciation to members of the 2016 Charter Review
Commission. (RB)
4. Announcements of recent and upcoming events.
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 – May 9, 2017
• Special Meeting to Canvass Election – May 15, 2017
5b. Consider and act upon an ordinance approving negotiated settlement between the
Atmos Cities Steering Committee and Atmos Energy Corporation regarding the
Company’s 2017 rates set by the settlement and terminating the RRM process for
pending renegotiation of RRM terms and conditions. (KN)
5c. Consider and act upon an ordinance amending 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
Parkwa y and east of Legacy Drive. (Z17-0003). (JW)
5d. Consider and act upon an ordinance amending Article 10.03, “Subdivision
Ordinance,” of Chapter 10, “Subdivision Regulations,” of the Code of Ordinances
by enacting a new Subdivision Ordinance. (JW)
5e. Consider and act upon approval of the Memorandum of Understanding between
the City of Irving and the Town of Prosper relative to the construction of
improvements and/or use of an existing City of Irving 75-foot water line easement
generally located adjacent to and north of US 380 in the Town of Prosper. (PN)
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, May 23, 2017
6:00 p.m.
Page 2 of 3
5f. Consider and act upon whether to direct staff to submit a written notice of appeal
on behalf of the Town Council to the Development Services Department, pursuant
to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance,
regarding action taken by the Planning & Zoning Commission on any Site Plan or
Preliminary Site Plan. (AG)
6. CITIZEN COMMENTS:
The public is invited to address the Council on any topic. However, the Council is unable
to discuss or take action on any topic not listed on this agenda. Please complete a “Public
Meeting Appearance Card” and present it to the Town Secretary prior to the meeting.
REGULAR AGENDA:
If you wish to address the Council during the regular agenda portion of the meeting, please
fill out a “Public Meeting Appearance Card” and present it to the Town Secretary prior to
the meeting. Citizens wishing to address the Council for items listed as public hearings
will be recognized by the Mayor. Those wishing to speak on a non-public hearing related
item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town
Council.
PUBLIC HEARING:
7. Presentation of service plan and first Public Hearing to consider the voluntary annexation
of 5.7± acres located on the west side of Custer Road, 1,300± feet south of Frontier
Parkway. (A17-0001). (JW)
DEPARTMENT ITEM:
8. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between CADG Prosper 28, LLC, and the Town of Prosper, Texas, related to
the park fees for The Montclair development. (HW)
9. 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:
9a. Section 551.087 – To discuss and consider economic development incentives.
9b. 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.
9c. 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.
9d. Section 551.071 – Consultation with the Town Attorney regarding the Zoning
Ordinance.
Page 3 of 3
9e. Section 551.074 – To discuss and consider election of Mayor Pro-Tem and
Deputy Mayor Pro-Tem.
10. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
11. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Mobile App Update (LJ)
• Discussion of City-County Plat Approval Agreement (HJ)
• Discussion of Collin County Bond Election Resolution (HJ)
• Discussion of Property Tax on Leased Vehicles (KN)
• Discussion on Sign Regulations for Big Box Retail (JW)
12. 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 19, 2017, and remained
so posted at least 72 hours before said meeting was convened.
_______________________________ _________________________
Carol Myers, Deputy Town Secretary Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited
to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with
approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair
accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569-
1011 at least 48 hours prior to the meeting time.
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Prosper is a place where everyone matters.
1.Call to Order/Roll Call.
The meeting was called to order at 6:00 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Curry Vogelsang, Jr.
Deputy Mayor Pro-Tem Jason Dixon
Councilmember Michael Korbuly
Councilmember Meigs Miller
Councilmember Mike Davis
Council Members Absent:
Councilmember Kenneth Dugger
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary/Public Information Officer
Terrence Welch, Town Attorney
John Webb, Development Services Director
Alex Glushko, Senior Planner
Steve Glass, Deputy Director of Engineering Services
Dan Heischman, Senior Engineer
Paul Naughton, Landscape Architect
Kelly Neal, Finance Director
Ronnie Tucker, Fire Chief
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor John Fowler of First Presbyterian Church of Prosper led the invocation.
A local boy scout joined Mayor Smith in leading the Pledge of Allegiance and the Pledge
to the Texas flag.
3. Announcements of recent and upcoming events.
Mayor Pro-Tem Vogelsang read the following announcements:
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. The CSI event
kicks off National Police Week, and will showcase various community safety programs
and services available to Prosper residents. Police and Fire equipment, vehicles, and
apparatus will be on display, and music, games and giveaways are part of this free event.
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway Street
Prosper, TX 75078
Tuesday, May 9, 2017
Item 5a
Page 2 of 9
This year’s CSI event will include a graduation ceremony for the latest Citizens Police
Academy class. The Town Council would like to congratulate all of the participants.
The Fire Department’s Fill the Boot Campaign will take place May 24-26 to raise money
for the Muscular Dystrophy Association. Firefighters will be at various intersections
around town seeking donations from motorists who are completely stopped at
intersections.
The Prosper Community Library is gearing up for a Summer of Science. The Summer
Kick-Off Event will take place on June 10 from 11:00 a.m.-1:00 p.m. The Library will host
a variety of programs all summer long for kids of all ages. Summer hours for the Library
begin on June 10.
Registration is now open for Parks & Recreation summer programs. Tennis, soccer, and
archery camps are available as well as several Bricks4Kids and Engineering camps. Sign
up at www.prosperparksandrec.org.
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)
Mayor Smith presented a check for $1,800 to Todd Shirley, Principal of Rogers Middle
School.
• 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).
Representatives from Texas Health Neighborhood Care and Wellness, and PAC
Fitness were present to receive Certificates of Appreciation.
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 Ordinance No. 17-35 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)
Item 5a
Page 3 of 9
Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Korbuly
seconded the motion to approve all items on the Consent Agenda. The motion
was approved by a vote of 6-0.
6. CITIZEN COMMENTS:
The public is invited to address the Council on any topic. However, the Council is
unable to discuss or take action on any topic not listed on this agenda. Please
complete a “Public Meeting Appearance Card” and present it to the Town Secretary
prior to the meeting.
Angela Loertcher, 791 Twin Buttes Drive, Prosper, spoke regarding speed limits and
crosswalks near Rogers Elementary. She questioned the process for designating
crossing guards near the campus.
Sandra Aldridge, 631 Lost Creek Drive, Prosper, spoke regarding speed limits near
Rogers Elementary. Her son was recently struck by a motorist outside the school zone
near the school. She asked the Council to extend the school zone north of Rogers, and
install an additional crosswalk near the apartment complex.
Michael Poitevint, 720 Livingston Drive, Prosper, spoke about the recent increases to the
speed limits in Town. He encouraged the Town to consider lowering the speed limit to 35
mph on La Cima, and conducting a speed study, given the amenities in the neighborhood
that are geared toward children and families.
Jennifer Chapman, 821 Arrowhead Drive, Prosper, spoke in support of Sandra Aldridge’s
comments, noting that her son would attend Rogers next year. She requested the Town
consider lowering the speed limit on La Cima to 35 mph.
Heidi Cushing, 1121 Monticello Drive, Prosper, spoke in favor of lowering the speed limit
on La Cima to 35 mph.
George Dupont, 1400 Harvest Ridge Drive Prosper, addressed the Council about the
recent election, noting that voter turnout was around 6.5% town-wide. He expressed his
thanks to the Council for their service.
Gina Hema, 2101 Nocona, Prosper, spoke in favor of lowering the speed limit on La Cima
to 35 mph.
Jenni Peterson, 760 Coleto Creek, Prosper, supported the comments of the other
speakers regarding speed limits.
John Aldridge, 631 Lost Creek Drive, Prosper, encouraged the Council to consider
extending the school zone at Rogers Elementary 300 yards north.
Councilmember Korbuly addressed the audience, stating that he appreciated everyone
who spoke, and encouraged everyone to work together to find solutions.
Mayor Smith expressed his appreciation to the residents in attendance, and stated that
the Council would discuss the issue further during Item 16 of the agenda.
Item 5a
Page 4 of 9
Town Manager Harlan Jefferson addressed the Council and the audience, stating that
after conversations with several Councilmembers, he will direct Town staff to take several
initiatives to improve safety on Coit road and La Cima Boulevard. Lee Engineering has
been hired to evaluate the Rogers Middle School school zone. Town staff will remove the
gate near the lake, and also install the missing section of sidewalk on the west side of
Coit. Additional crosswalk striping will be added at the entrance to the apartment complex.
The speed limit on La Cima will also be evaluated, including a possible speed study, and
the Town will consider extending the time of the speed zone on La Cima.
Deputy Mayor Pro-Tem Dixon encouraged the residents to express their concerns to the
School Board at their next meeting.
REGULAR AGENDA:
If you wish to address the Council during the regular agenda portion of the meeting,
please fill out a “Public Meeting Appearance Card” and present it to the Town
Secretary prior to the meeting. Citizens wishing to address the Council for items
listed as public hearings will be recognized by the Mayor. Those wishing to speak
on a non-public hearing related item will be recognized on a case-by-case basis, at
the discretion of the Mayor and Town Council.
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)
Alex Glushko, Senior Planner, presented this item before the Town Council. 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. Mr.
Glushko reviewed the details of the request.
Mayor Smith opened the Public Hearing.
Dena Devoto of Blue Star Land provided additional details about the request, noting that
the request will clarify specific details of the PD to be in accordance with the original intent
of the development.
Scott Shipp of Blue Star Land also stated that the request regarding fencing requirements
will clarify unanticipated elements that have been encountered in the PD.
Mayor Smith closed the Public Hearing.
Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Miller seconded the
motion 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.
The motion was approved by a vote of 6-0.
Item 5a
Page 5 of 9
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)
Development Services Director John Webb presented this item before the Town Council.
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. Mr. Webb reviewed the details of the
proposed ordinance. The Council specifically discussed the requirements for attached
and structures, which are currently allowed as long as they do not encroach on the 25-
foot rear setback.
Mayor Smith opened the Public Hearing.
George Dupont, 1400 Harvest Ridge Drive, Prosper, spoke in favor of the proposed
ordinance.
Mayor Smith closed the Public Hearing.
After discussion, Mayor Pro-Tem Vogelsang made a motion and Deputy Mayor Pro-Tem
Dixon seconded the motion to approve the proposed amendments to Chapters 3 and 4 of
the Zoning Ordinance regarding guest houses, garage apartments and attached
accessory structures. The motion was approved by a vote of 5-1, with Councilmember
Korbuly casting the opposing vote.
9. Conduct a Public Hearing, and receive comments on the proposed Subdivision
Ordinance. (JW)
Development Services Director John Webb presented this item before the Town Council.
Town staff retained the professional services of 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. Town staff solicited input from the Prosper Developers
Council to develop the proposed standards. Mr. Webb reviewed the details of the
proposed ordinance, especially as is related to retaining walls. He recommended that if
maintenance of retaining walls was to continue to be the responsibility of individual
homeowners, the Town should improve standards to better prevent the walls from failing
in the future.
Mayor Smith opened the Public Hearing.
David Blom, 2242 Good Hope Road, Prosper, spoke on behalf of Terra Verde Group, and
the Prosper Developers Council. He praised the Town staff for leading the group through
a very constructive, positive process in developing the new ordinance.
Item 5a
Page 6 of 9
George Dupont, 1400 Harvest Ridge Lane, Prosper, confirmed that many elements of the
proposed ordinance are in conformance with the Visioning Committee.
Mayor Smith closed the Public Hearing.
Responding to a question from Council, Mr. Webb stated that developers will typically
assign maintenance responsibility to HOAs after a certain percentage of lots have been
sold. He added that quality plans, a good plan review process, and thorough inspections
are important to ensure the long-term viability of retaining walls. Town staff will bring back
a proposed ordinance for Council to consider at a future meeting. No further action was
taken.
10. Conduct a Public Hearing, and receive comments on the proposed Drainage Design
Standards (SG)
Steve Glass, Deputy Director of Engineering, introduced Senior Engineer Dan Heischman,
who presented this item before the Town Council. Town staff has reviewed current
policies regarding drainage, and has 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 reviewing existing practices and
requirements, surveying neighboring communities regarding their best available
technology and practices, and 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. Mr. Heischman reviewed major amendments and additions to the proposed
standards.
Mayor Smith opened the Public Hearing.
George Dupont, 1400 Harvest Ridge Drive, Prosper, spoke in support of the proposed
standards.
Mayor Smith closed the Public Hearing.
No further action was taken.
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)
Finance Director Kelly Neal introduced Jason Hughes of First Southwest, the Town’s
Financial Advisor, who presented this item before the Town Council. The proposed
resolution initiates the process of issuing Certificates of Obligation. The principal amount
of the bonds issued are not to exceed $12,800,000 as stated in the proposed resolution
Item 5a
Page 7 of 9
and notice of intent. Mr. Hughes confirmed the issuance of the Certificates of Obligation
will not affect the Town’s bond rating.
Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Korbuly seconded the
motion to approve Resolution No. 17-36 providing for publication of notice of intent to issue
certificates of obligation to finance the obligations associated with the aforementioned
projects. The motion was approved by a vote of 6-0.
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)
Senior Planner Alex Glushko presented this item before 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. 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.
Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Korbuly seconded the
motion 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. The motion was approved by a vote of 6-0.
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)
Steve Glass, Deputy Director of Engineering, presented this item before the Town Council.
The scope of the contract will replace the existing asphalt pavement on Craig Road with
a 6” 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.
After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember Miller
seconded the motion 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. The motion was approved by a vote of 6-0
4. Presentations/Proclamations
• Presentation of a Plaque of Appreciation to Councilmember Mike Davis. (RB)
Mayor Smith presented a Plaque of Appreciation to outgoing Councilmember Mike Davis.
Item 5a
Page 8 of 9
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.
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.
The Town Council recessed into Executive Session at 8:22 p.m.
15. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 9:26 p.m.
Councilmember Korbuly made a motion and Councilmember Miller seconded the motion
authorizing the Mayor to execute a License Agreement for the Veterans Memorial. The
motion was approved by a vote of 6-0.
16. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Discussion of Irving MOU re: Water Line Easement (PN)
Landscape Architect Paul Naughton reviewed the terms of a proposed Memorandum
of Understanding with the City of Irving related to landscaping on an existing water line
easement.
• Discussion of City-County Plat Approval Agreement (HJ)
Town Manager Harlan Jefferson and Town Attorney Terry Welch updated the Council
on a request from Collin County to amend an existing agreement related to plat
approvals and related permitting in the Town’s ETJ. The Council requested to discuss
this item again at a future meeting.
Item 5a
Page 9 of 9
•Discussion of Collin County Bond Election Resolution (HJ)
Town Manager Harlan Jefferson updated the Council on a proposed resolution in
support of Collin County’s bond election in November. The Council requested to
discuss this item again at a future meeting.
•Discussion of May 15 Election Canvass (RB)
Robyn Battle, Town Secretary/PIO, reminded the Council of the Special Meeting to
Canvass the May 6, 2017, election results on May 15, 2017.
•Discussion of Property Tax on Leased Vehicles (KN)
Finance Director Kelly Neal updated the Council on the revenue the Town received for
property tax on leased vehicles. The Council requested to discuss this item again at
a future meeting.
The Town Council directed staff to evaluate the following:
•Speed limit on La Cima Boulevard
•Extending the school zone on Coit Road
•Evaluate the timing of the school zone on La Cima Boulevard
17. Adjourn.
The meeting was adjourned at 9:59 p.m., on Tuesday, May 9, 2017.
These minutes approved on the 23rd day of May, 2017.
APPROVED:
Ray Smith, Mayor
AT TEST:
Robyn Battle, Town Secretary
Item 5a
Page 1 of 2
]
Prosper is a place where everyone matters.
1.Call to Order/Roll Call.
The meeting was called to order at 6:00 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Curry Vogelsang, Jr.
Councilmember Kenneth Dugger
Councilmember Meigs Miller
Councilmember Mike Davis
Council Members Absent:
Deputy Mayor Pro-Tem Dixon
Councilmember Michael Korbuly
Staff Members Present:
Harlan Jefferson, Town Manager
2.Consider and act upon an ordinance canvassing the returns and declaring the
results of the May 6, 2017, General Election.
Councilmember Kenneth Dugger made a motion and Councilmember Meigs Miller
seconded the motion to approve Ordinance No. 17-37 canvassing the returns and
declaring the results of the May 6, 2017, General Election. The motion was approved by
a vote of 5-0.
3.Consider and act upon an ordinance canvassing the returns and declaring the
results of the May 6, 2017, Special Election.
Councilmember Meigs Miller made a motion and Councilmember Kenneth Dugger
seconded the motion to approve Ordinance No. 17-38 canvassing the returns and
declaring the results of the May 6, 2017, Special Election. The motion was approved by
a vote of 5-0.
4.Discuss Town Council subcommittee membership.
The Town Council discussed membership on the various Council subcommittees. No
further action was taken.
MINUTES
Meeting of the Prosper Town Council
SPECIAL CALLED MEETING
TO CANVASS ELECTION
Prosper Municipal Chambers
108 W. Broadway Street
Prosper, TX 75078
Item 5a
Page 2 of 2
5. Adjourn.
The meeting was adjourned at 6:03 p.m., on Monday, May 15, 2017.
These minutes approved on the 23rd day of May, 2017.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Item 5a
Page 1 of 2
To: Mayor and Town Council
From: Kelly Neal, Finance Director
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 23, 2017
Agenda Item:
Consider and action upon an ordinance approving negotiated settlement between the Atmos
Cities Steering Committee and Atmos Energy Corporation regarding the Company’s 2017 rates
set by the settlement and terminating the RRM process for pending renegotiation of RRM terms
and conditions.
Description of Agenda Item:
The Town of Prosper, along with other similarly situated cities served by Atmos Energy Corp.,
Mid-Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering
Committee (“ACSC”). The RRM Tariff was originally adopted by ACSC member cities in 2007 as
an alternative to the Gas Reliability Infrastructure Program (“GRIP”), the statutory provision that
allows Atmos to bypass the City’s rate regulatory authority to increase its rates annually to recover
capital investments. The RRM Tariff has been modified several times, most recently in 2013.
The 2017 RRM filing is the fifth RRM filing under the renewed RRM Tariff. On March 1, 2017,
Atmos made a filing requesting $57.4 million additional revenues on a system-wide basis.
Because the City of Dallas has a separate rate review process, exclusion of Dallas results in the
Company requesting $46.4 million from other municipalities.
Environs customers (ratepayers outside municipal limits) remain under the Railroad
Commission’s exclusive original jurisdiction and have their rates set through the GRIP process. If
the Company had used the GRIP process rather than the RRM process it would receive a $52.4
million increase, or about $4.4 million more than will be approved by the Ordinance. ACSC and
the Company have reached an agreement, reflected in the Ordinance, to reduce the Company’s
request by $9.4 million, such that the Ordinance approving new rates reflects an increase of $48
million on a system-wide basis, or $38.8 million for Mid-Tex Cities, exclusive of the City of Dallas.
The tariffs attached to the Ordinance approve rates that will increase the Company’s revenues by
$38.8 million for the Mid-Tex Rate Division, effective for bills rendered on or after June 1, 2017.
The monthly residential customer charge will be $19.60. The consumption charge will be $0.14
per Ccf. The monthly bill impact for the typical residential customer consuming 46.8 Ccf will be an
increase of $2.04, or about 3.87%. The typical commercial customer will see an increase of $6.27,
or 2.37%. Attached is an average Bill Comparison of Bates Rates summarizing the impact of new
rates of all customer classes.
Prosper is a place where everyone matters.
FINANCE
Item 5b
Page 2 of 2
The ACSC Executive Committee and its designated legal counsel and consultants recommend
that all Cities adopt the Ordinance with its attachments approving the negotiated rate settlement
resolving the 2017 RRM filing, and implementing the rate change.
Legal Obligations and Review:
Geoffrey M. Gay, ACSC ‘s general council prepared the attached Ordinance.
Attached Documents:
1. Ordinance
2. Atmos Average Bill Comparison – Base Rates
Town Staff Recommendation:
Town staff recommends approval of the ordinance negotiating settlement between the Atmos
Cities Steering Committee and Atmos Energy Corporation regarding the Company’s 2017 rates
set by the settlement and terminating the RRM process for pending renegotiation of RRM terms
and conditions.
Recommended Motion:
I move to approve the ordinance negotiating settlement between the Atmos Cities Steering
Committee and Atmos Energy Corporation regarding the Company’s 2017 rates set by the
settlement and terminating the RRM process for pending renegotiation of RRM terms and
conditions.
Item 5b
TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES
STEERING COMMITTEE (“ACSC ”) AND ATMOS ENERGY CORP., MID-TEX DIVISION
REGARDING THE COMPANY’S 2017 RATE REVIEW MECHANISM FILINGS;
DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT
REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED
SETTLEMENT; FINDING THE RATES TO BE SET BY THE SETTLEMENT TARIFFS TO
BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; REQUIRING
RECONCILIATION AND RATE ADJUSTMENTS IF FEDERAL INCOME TAX RATES
CHANGE; TERMINATING THE RRM PROCESS FOR 2018 PENDING RENEGOTIATION
OF RRM TERMS AND CONDITIONS; REQUIRING THE COMPANY TO REIMBURSE
ACSC’S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS
ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE
TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN
EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE
COMPANY AND THE ACSC’S LEGAL COUNSEL.
WHEREAS, the Town of Prosper, Texas (“Town”) is a gas utility customer of Atmos
Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority with
an interest in the rates and charges of Atmos Mid-Tex; and
WHEREAS, the Town is a member of the Atmos Cities Steering Committee (“ACSC”), a
coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”) that have joined
together to facilitate the review of, and response to, natural gas issues affecting rates charged in
the Atmos Mid-Tex service area; and
WHEREAS, ACSC and the Company worked collaboratively to develop a new Rate
Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC Cities
as a substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by the
Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of
serving the Atmos Mid-Tex Division; and
WHEREAS, on March 1, 2017, Atmos Mid-Tex filed its 2017 RRM rate request with ACSC
Cities; and
WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2017 RRM filing through
its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues
identified in the Company’s RRM filing; and
WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants,
recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $48 million
on a system-wide basis; and
WHEREAS, the attached tariffs implementing new rates are consistent with the
recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just,
reasonable, and in the public interest;
Item 5b
Ordinance No. 17-__, Page 2
WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable
expenses associated with RRM applications;
WHEREAS, the Company and ACSC have agreed that rates should be adjusted if any
change in federal income tax rates is implemented during the period that rates approved herein
remain in place; and
WHEREAS, because ACSC believes that certain provisions of the current terms and
conditions of the RRM tariff are inconsistent with market conditions, the Town expects
renegotiation of the current RRM tariff in the Summer of 2017.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth in this Ordinance are hereby in all things approved.
SECTION 2
The Town Council finds that the settled amount of an increase in revenues of $48 million
on a system-wide basis represents a comprehensive settlement of gas utility rate issues affecting
the rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising
from Atmos Mid-Tex’s 2017 RRM filing, is in the public interest, and is consistent with the Town’s
authority under Section 103.001 of the Texas Utilities Code.
SECTION 3
The existing rates for natural gas service provided by Atmos Mid -Tex are unreasonable.
The new tariffs attached hereto and incorporated herein as Attachment A, are just and
reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $48
million in revenue over the amount allowed under currently approved rates, as shown in the Proof
of Revenues attached hereto and incorporated herein as Attachment B; such tariffs are hereby
adopted.
SECTION 4
The ratemaking treatment for pensions and other post-employment benefits in Atmos Mid-
Tex’s next RRM filing shall be as set forth in Attachment C, attached hereto and incorporated
herein.
SECTION 5
Consistent with Texas Utilities Code Section 104.055(c), Atmos Energy’s recovery of
federal income tax expense through the Rider RRM has been computed using the statutory
income tax rate. In the event that a change in the statutory income tax rate is implemented during
the Rider RRM Rate Effective Date, Atmos Energy shall reconcile the difference between the
amount of federal income tax expense included in the Rider RRM calculation for the Rate Effective
Date with the amount of federal income tax expense authorized under the new statutory income
tax rate. The reconciliation period shall be from the date on which any new statutory income tax
rate is implemented through the Rate Effective Date. An interest component calculated at the
Item 5b
Ordinance No. 17-__, Page 3
customer deposit interest rate then in effect as approved by the Railroad Commission of Texas
shall be applied to the federal income tax expense reconciliation. Further, any required
reconciliation of federal income tax expense shall be included as part of Atmos Mid-Tex’s next
annual RRM filing and shall be returned to or recovered from customers as a one-time credit or
surcharge to the customer’s bill.
SECTION 6
The Town requires renegotiation of RRM tariff terms and conditions during the Summer
of 2017. If an agreed renegotiated RRM tariff cannot be achieved, the Town will terminate the
RRM process and consider initiation of a traditional rate case to reduce the Company’s authorized
return on equity.
SECTION 7
Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC in
processing the Company’s 2017 RRM filing.
SECTION 8
To the extent any resolution or ordinance previously adopted by the Council is inconsistent
with this Ordinance, it is hereby repealed.
SECTION 9
The meeting at which this Ordinance was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
SECTION 10
If any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional
or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this
Ordinance, and the remaining provisions of the Ordinance shall be interpreted as if the offending
section or clause never existed.
SECTION 11
Consistent with the Town Ordinance that established the RRM process, this Ordinance
shall become effective from and after its passage with rates authorized by attached tariffs to be
effective for bills rendered on or after June 1, 2017.
SECTION 12
A copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice
President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LJB
Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at
Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas
78701.
Item 5b
Ordinance No. 17-__, Page 4
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS THE 23rd DAY OF MAY, 2017.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
APPROVED AS TO FORM:
Terrence S. Welch, Town Attorney
Item 5b
Item 5b
Item 5b
Item 5b
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Item 5b
Item 5b
Item 5b
File Date: March 1, 2017
ATMOS ENERGY CORP., MID-TEX DIVISION
PROPOSED TARIFF STRUCTURE (BEFORE RATE CASE EXPENSE RECOVERY)
TEST YEAR ENDING DECEMBER 31, 2016
(a)(b)(c) (d) (e) (f)(g)(h)(i)(j)(k)
1 Proposed Change In Rates:48,000,000$ Schedule A
2 Proposed Change In Rates without Revenue Related Taxes:44,800,457$ Ln 1 divided by factor on WP_F-5.1
3
4
5
6 Revenue Requirements Allocations
7 Residential 338,431,486$ 77.95% Per GUD 10170 Final Order
8 Commercial 84,223,622 19.40% Per GUD 10170 Final Order
9 Industrial and Transportation 11,490,316 2.65% Per GUD 10170 Final Order
10 Net Revenue Requirements GUD No. 10170 434,145,424$
11
12
13
14
15
16 With Proportional Increase all classes but Residential and a 40% residential base charge increase:In accordance with RRM tariff:
17
18 Current Prospective Revenues Proposed Change
Proposed
Change In
Revenues
Proposed
Rates Proposed Revenues
19
20 Residential Base Charge 19.08$ 0.77$ 13,969,407$ Residential Base Charge 0.52$ 9,385,859$ 19.60$ 353,851,897$
21 Residential Consumption Charge 0.11378$ 0.02502$ 20,954,111 Residential Consumption Charge 0.03049$ 25,534,444 0.14427$ 120,821,718
22 Commercial Base Charge 41.70$ 2.96$ 4,345,614 Commercial Base Charge 3.00$ 4,409,676 44.70$ 65,707,365
23 Commercial Consumption Charge 0.08494$ 0.00797$ 4,345,614 Commercial Consumption Charge 0.00785$ 4,280,326 0.09279$ 50,595,093
24 I&T Base Charge 737.00$ 62.70$ 592,856 I&T Base Charge 62.75$ 593,364 799.75$ 7,562,427
25 I&T Consumption Charge Tier 1 MMBTU 0.3096$ 0.0278$ 279,522 I&T Consumption Charge Tier 1 MMBTU 0.0278$ 279,726 0.3374$ 3,394,949
26 I&T Consumption Charge Tier 2 MMBTU 0.2267$ 0.0203$ 225,635 I&T Consumption Charge Tier 2 MMBTU 0.0203$ 225,178 0.2470$ 2,739,848
27 I&T Consumption Charge Tier 3 MMBTU 0.0486$ 0.0044$ 87,699 I&T Consumption Charge Tier 3 MMBTU 0.0044$ 88,488 0.0530$ 1,065,879
28 44,800,457$ 44,797,060$ 605,739,177$
29
WP_J-5
Page 1 of 1
Attachment BItem 5b
Line
No.Description
Pension
Account Plan
("PAP")
Post-Retirement
Medical Plan
("FAS 106")
Pension
Account Plan
("PAP")
Supplemental
Executive Benefit
Plan ("SERP")
Post-Retirement
Medical Plan
("FAS 106")
Adjustment
Total
(a)(b)(c)(d)(e)(f)(g)
1 Fiscal Year 2017 Willis Towers Watson Report as adjusted (1), (3)5,004,862$ 2,864,121$ 8,234,627$ 194,941$ 4,375,142$
2 Allocation to Mid-Tex 45.03% 45.03% 71.23% 100.00% 71.23%
3
Fiscal Year 2017 Actuarially Determined O&M Benefits (Ln 1 x Ln 2)
2,253,477$ 1,289,592$ 5,865,537$ 194,941$ 3,116,420$
4 O&M and Capital Allocation Factor 100.00% 100.00% 100.00% 100.00% 100.00%
5
Fiscal Year 17 Willis Towers Watson Benefit Costs To Approve
(excluding Removed Cost Centers) (Ln 3 x Ln 4)2,253,477$ 1,289,592$ 5,865,537$ 194,941$ 3,116,420$ 12,719,968$
6
7
8 Summary of Costs to Approve:
9
10 Total Pension Account Plan ("PAP")2,253,477$ 5,865,537$ 8,119,015$
11 Total Post-Retirement Medical Plan ("FAS 106")1,289,592$ 3,116,420$ 4,406,012
12 Total Supplemental Executive Retirement Plan ("SERP")194,941$ 194,941
13 Total (Ln 10 + Ln 11 + Ln 12)2,253,477$ 1,289,592$ 5,865,537$ 194,941$ 3,116,420$ 12,719,968$
14
15
16 O&M Expense Factor 74.05% 74.05% 37.75%20.00% 37.75%
17
18 Expense Portion (Ln 13 x Ln 16)1,668,700$ 954,943$ 2,214,432$ 38,988$ 1,176,551$ 6,053,614$
19
20 Capital Factor 25.95% 25.95% 62.25%80.00% 62.25%
21
22 Capital Portion (Ln 13 x Ln 20)584,777$ 334,649$ 3,651,105$ 155,953$ 1,939,870$ 6,666,354$
23
24 Total (Ln 18 + Ln 22)2,253,477$ 1,289,592$ 5,865,537$ 194,941$ 3,116,420$ 12,719,968$
ATMOS ENERGY CORP., MID-TEX DIVISION
PENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVAL
TEST YEAR ENDING DECEMBER 31, 2016
Shared Services Mid-Tex Direct
Attachment CItem 5b
Line June 1, 2016
1 Rate R @ 46.3 Ccf CURRENT PROPOSED CHANGE
2 Customer charge 19.10$
3 Consumption charge 46.3 CCF X 0.11378$ =5.27
4 Rider GCR Part A 46.3 CCF X 0.28325$ =13.11
5 Rider GCR Part B 46.3 CCF X 0.25447$ =11.78
6 Subtotal 49.26$
7 Rider FF & Rider TAX 49.26$ X 0.07142 =3.52
8 Total 52.78$
9
10 Customer charge 19.60$
11 Consumption charge 46.3 CCF X 0.14427$ =6.68
12 Rider GCR Part A 46.3 CCF X 0.28325$ =13.11
13 Rider GCR Part B 46.3 CCF X 0.25447$ =11.78
14 Subtotal 51.17$
15 Rider FF & Rider TAX 51.17$ X 0.07142 =3.65
16 Total 54.82$ $2.04
17 3.87%
18
19 Rate C @ 371 Ccf CURRENT PROPOSED CHANGE
20 Customer charge 41.75$
21 Consumption charge 371.0 CCF X 0.08494$ =31.51
22 Rider GCR Part A 371.0 CCF X 0.28325$ =105.07
23 Rider GCR Part B 371.0 CCF X 0.18646$ =69.17
24 Subtotal 247.50$
25 Rider FF & Rider TAX 247.50$ X 0.07142 =17.68
26 Total 265.18$
27
28 Customer charge 44.70$
29 Consumption charge 371.0 CCF X 0.09279$ =34.42
30 Rider GCR Part A 371.0 CCF X 0.28325$ =105.07
31 Rider GCR Part B 371.0 CCF X 0.18646$ =69.17
32 Subtotal 253.36$
33 Rider FF & Rider TAX 253.36$ X 0.07142 =18.09
34 Total 271.45$ $6.27
35 2.37%
ATMOS ENERGY CORP., MID-TEX DIVISION
AVERAGE BILL COMPARISON - BASE RATES
TEST YEAR ENDING DECEMBER 31, 2016
Item 5b
36 Rate I @ 4364 MMBTU CURRENT PROPOSED CHANGE
37 Customer charge 738.00$
38 Consumption charge 1,500 MMBTU X 0.3096$ = 464.40
39 Consumption charge 2,864 MMBTU X 0.2267$ = 649.26
40 Consumption charge 0 MMBTU X 0.0486$ =-
41 Rider GCR Part A 4,364 MMBTU X 0.2900$ = 1,265.76
42 Rider GCR Part B 4,364 MMBTU X 0.4373$ = 1,908.41
43 Subtotal 5,025.83$
44 Rider FF & Rider TAX 5,025.83$ X 0.07142 = 358.93
45 Total 5,384.76$
46
47 Customer charge 799.75$
48 Consumption charge 1,500 MMBTU X 0.3374$ =506.10
49 Consumption charge 2,864 MMBTU X 0.2470$ =707.40
50 Consumption charge 0 MMBTU X 0.0530$ =-
51 Rider GCR Part A 4,364 MMBTU X 0.2900$ =1,265.76
52 Rider GCR Part B 4,364 MMBTU X 0.4373$ =1,908.41
53 Subtotal 5,187.42$
54 Rider FF & Rider TAX 5,187.42$ X 0.07142 =370.47
55 Total 5,557.89$ $173.13
56 3.22%
57 Rate T @ 4364 MMBTU CURRENT PROPOSED CHANGE
58 Customer charge 738.00$
59 Consumption charge 1,500 MMBTU X 0.3096$ = 464.40
60 Consumption charge 2,864 MMBTU X 0.2267$ = 649.26
61 Consumption charge 0 MMBTU X 0.0486$ =-
62 Rider GCR Part B 4,364 MMBTU X 0.4373$ = 1,908.41
63 Subtotal 3,760.07$
64 Rider FF & Rider TAX 3,760.07$ X 0.07142 = 268.54
65 Total 4,028.61$
66
67 Customer charge 799.75$
68 Consumption charge 1,500 MMBTU X 0.3374$ =506.10
69 Consumption charge 2,864 MMBTU X 0.2470$ =707.40
70 Consumption charge 0 MMBTU X 0.0530$ =-
71 Rider GCR Part B 4,364 MMBTU X 0.4373$ =1,908.41
72 Subtotal 3,921.66$
73 Rider FF & Rider TAX 3,921.66$ X 0.07142 =280.08
74 Total 4,201.74$ $173.13
75 4.30%
Item 5b
Page 1 of 1
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 23, 2017
Agenda Item:
Consider and act upon an ordinance amending 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:
On May 9, 2017, the Town Council held a Public Hearing and approved the rezoning request by
a vote of 6-0. An ordinance has been prepared accordingly.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard
ordinance as to form and legality.
Attached Documents:
1. Ordinance
Staff Recommendation:
Staff recommends that the Town Council approve an ordinance amending 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 an ordinance amending 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.
Prosper is a place where everyone matters.
PLANNING
Item 5c
TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-__
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE
TOWN’S ZONING ORDINANCE NO. 05-20 AND ORDINANCE NO. 14-31, BY
REZONING A TRACT OF LAND CONSISTING OF 902.565 ACRES, MORE OR
LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY,
ABSTRACT NO. 147, J. M. DURRET SURVEY, ABSTRACT NO. 350, AND
NEATHERLY SURVEY, ABSTRACT NO. 962, IN THE TOWN OF PROSPER,
COLLIN COUNTY AND DENTON COUNTY, TEXAS, FROM PLANNED
DEVELOPMENT-66 (PD-66) TO PLANNED DEVELOPMENT-66 (PD-66);
DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has
investigated and determined that the Town’s Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”), has received a request from Blue
Star Land, LP (“Applicant”), to rezone 902.565 acres of land, more or less, situated in the Collin
County School Land Survey, Abstract No. 147, J. M. Durret Survey, Abstract No. 350, and
Neatherly Survey, Abstract No. 962 in the Town of Prosper, Collin County and Denton County,
Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all
other requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of
this Ordinance as if fully set forth herein.
SECTION 2
Amendments to the Town’s Zoning Ordinance No. 05-20 and Ordinance No. 14-31.
The Town’s Zoning Ordinance, adopted by Ordinance No. 05-20 and Ordinance No. 14-31 are
amended as follows: The zoning designation of the below-described property containing
902.565 acres of land, more or less, situated in the Collin County School Land Survey, Abstract
No. 147, J. M. Durret Survey, Abstract No. 350, and Neatherly Survey, Abstract No. 962 in the
Item 5c
Ordinance No. 17-__, Page 2
Town of Prosper, Collin County and Denton County, Texas, (the “Property”) and all streets,
roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned
Development-66 (PD-66). The property as a whole and the boundaries for each zoning
classification are more particularly described in Exhibit A and attached hereto and incorporated
herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned Development
District shall conform to, and comply with 1) the statement of intent and purpose, attached
hereto as Exhibit "B"; 2) the planned development standards, attached hereto as Exhibit "C"; 3)
the concept plan, attached hereto as Exhibit "D"; 4) the development schedule, attached hereto
as Exhibit "E"; and, 5) the conceptual single family elevations, attached hereto as Exhibit "F",
which are incorporated herein for all purposes as if set forth verbatim.
Except as amended by this Ordinance, the development of the Property within this Planned
Development District must comply with the requirements of all ordinances, rules, and
regulations of Prosper, as they currently exist or may be amended.
Three original, official and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original
records and shall not be changed in any matter.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation or business entity violating this Ordinance shall
be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not
exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this
Ordinance shall constitute a separate offense. The penal provisions imposed under this
Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all
legal rights and remedies available to it pursuant to local, state and federal law.
Item 5c
Ordinance No. 17-__, Page 3
SECTION 6
Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance shall remain in full force and
effect, save and except as amended by this or any other Ordinance. All provisions of any
ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;
but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,
nor shall the appeal prevent a prosecution from being commenced for any violation if occurring
prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain
in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications, as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 23RD DAY OF MAY, 2017.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 5c
Submittal Documents in Support of
(subject to name change prior to final approval)
A Planned Development District
in the
Town of Prosper, Texas
May 13, 2014
Amended May 23, 2017
Item 5c
TABLE OF CONTENTS
Page
EXHIBIT “A” - Legal Descriptions 3
EXHIBIT “B” - Statement of Intent and Purpose 10
EXHIBIT “C” - Development Standards
1. Amenity Program 11
2. Single-Family Residential 16
3. Commercial/Retail 30
EXHIBIT “D” - Concept Plan 31
EXHIBIT “E” - Development Schedule 32
EXHIBIT “F” - Conceptual SF Elevations 33-37
Item 5c
3
EXHIBIT “A”
Legal Descriptions for StarTrail, Town of Prosper, Texas
Item 5c
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10
EXHIBIT “B”
Statement of Intent and Purpose for StarTrail, Town of Prosper, Texas
The purpose of this PD is to allow for the creation of a unique, high-quality, primarily
residential master-planned community that meets the demands of the current real
estate market conditions while maintaining the character of the Town of Prosper. The
Villages of Star Trail will utilize a variety of lot sizes to offer multiple lifestyle
opportunities arranged around an amenity program consisting of both active and
passive open spaces catering to all ages. Existing floodplain areas will be enhanced to
create an active greenbelt with a trail system for hikers and bikers that links to the
development as well as the Town of Prosper’s master trail system. The residential lots
will be carefully arranged so that the more intense uses are located towards the
perimeter of the development serving as a buffer from the thoroughfares, commercial
uses, and existing higher density developments adjacent to the planned community.
Commercial, Retail and Office uses will be located along the major thoroughfares to
provide future employment and retail opportunities for the community. The roadway
system within Star Trail is designed to provide easy access to the network of
thoroughfares in and around the community as well as the Dallas North Tollway.
Item 5c
11
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
will be provided to ensure adequate space to provide for visibility triangle(s) and
adequate development of entry design.
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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
landscape buffers will be designed and constructed to meet the standards outlined in
the Town of Prosper Subdivision Ordinance.
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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
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
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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) 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 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.
(i) Roofing. Structures constructed on the Type A Lots shall have a
composition, slate, clay tile or cement/concrete tile roof.
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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.
(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.
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(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.
(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.
(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.
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(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
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.
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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.
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.
(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.
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(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.
(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, 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
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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
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.
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24
(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.
(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.
(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.
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25
(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.
(2) All other Type C 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.
(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.
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(2) Minimum Sideyard Setback: The minimum sideyard setback for
Type D 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 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.
Item 5c
27
(h) Windows. All window framing shall be bronzed, cream, sand or white
anodized aluminum, vinyl or wood.
(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.
(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.
(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.
Item 5c
28
(1) All Type D 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
(2) All other Type D 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.
(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 5c
29
1870 Single Family Homes*
*The maximum total number of lots allowed per this ordinance is 1870; west of
Legacy, the maximum number of lots allowed per this ordinance is 750; east
of Legacy, the maximum number of lots allowed per this ordinance is 1120.
**Any unused “number of lots” from the Type A category may be added to the
Type B category so as to increase the number of Type B lots with no increase
in the overall PD density of 1870 lots.
TABLE 1
Lot Type A Lot Type B Lot Type C Lot Type D
Min. permitted lot
sizes
6875 sq. ft. 8125 sq. ft. 10260 sq. ft. 11610 sq. ft.
Min. permitted
number of lots
No minimum. No minimum. 231 143
Max. permitted
number of lots
709** 784** No maximum. No maximum.
Min. Front Yard 25 ft. 25 ft. 30 ft. 30 ft.
Min. Side Yard
Corner Lot
7 ft.
15 ft.
7 ft.
15 ft.
8 ft.
15 ft.
8 ft.
15 ft.
Min. Rear Yard 25 ft. 25 ft. 25 ft. 25 ft.
Max. building
Height
40 ft. 40 ft. 40 ft. 40 ft.
Max. Lot Coverage 55% 50% 45% 45%
Min. Lot Width 55 ft. 65 ft. 76 ft. 86 ft.
Min. Lot Depth 100 ft. 100 ft. 110 ft. 125 ft.
Min. Dwelling Area 1800 sq. ft. single
story
2000 sq. ft. two
story
2300 sq. ft. single
story
2650 sq. ft. two
story
2500 sq. ft. single
story
3000 sq. ft. two
story
3,000 sq. ft. single
story
3500 sq. ft. two
story
Item 5c
30
III.Retail Tracts
A. General Description: The areas identified as Retail Tracts will provide the
ability to encourage and to accommodate the development of office and retail
service centers within growth corridors located along the North Dallas Tollway
extension. The property within these areas may develop under the standards for
Retail and Office districts as contained within the Town of Prosper Zoning
Ordinance as it exists or may be amended, subject to the specific provisions
contained herein below.
B. Permitted Uses: In addition to those permitted uses as allowed per the Retail
and Office districts of the Town of Prosper Zoning Ordinance, the following uses
shall be permitted in the retail areas indicated on Exhibit “D”:
1.Hotels
2.Auto Sales/Leasing and Service S
C. Max. FAR: Max. FAR for buildings taller than two (2) stories shall be 1.5:1.
D. Building Heights: The permitted height of all buildings within the retail areas of
the Planned Development District shall be as follows:
a. The allowed height for Hotels, Office buildings and Hospitals located within
the retail tracts shall be eight (8) stories, not greater than one hundred (100)
feet. All other uses shall be limited to two (2) stories, not greater than forty
(40) feet.
b.Non-residential buildings located within one hundred fifty feet (150’) of a
single-family zoned area shall be limited to a maximum height of two (2)
stories.
c.Non-residential buildings, which exceed two (2) stories in height, shall be
required to have additional setbacks from single-family zoned areas. These
additional setbacks will require one foot (1’) of setback, beyond the
aforementioned one hundred fifty feet (150’), for each additional foot of
building height above two (2) stories.
E. Lot Area: The minimum area of any lot shall be ten thousand (10,000) square
feet.
F. Lot Width: The minimum width of any lot shall be one hundred feet (100’).
G. Lot Depth: The minimum depth of any lot shall be one hundred (100’).
H. Lot Coverage: In no case shall more than fifty percent (50%) of the total lot area
be covered by the combined area of the main buildings. Parking structures and
surface parking facilities shall be excluded from the coverage computations.
Item 5c
31
Exhibit D
Concept Plan
Item 5c
Item 5c
32
Exhibit E
Development Schedule
Barring any unforeseen changes in the current market or economic conditions it is
currently anticipated that the development of StarTrail will begin immediately upon
approval and adoption of this zoning ordinance. The initial phase of residential
development would be completed within approximately twelve months following
ordinance adoption. The following phases of construction will be largely dependent
upon market demand however, it is currently anticipated that additional residential
phases will be completed at approximate twelve month intervals. Under this scenario
the residential portion of this development could be completed within twelve to fifteen
years following approval of the zoning ordinance.
The commercial portion of the project will also be dependent upon market conditions as
well as additional development throughout the area including the construction of the
Dallas North Tollway. It is expected that some initial commercial projects will be
completed within the next ten years however, full build-out of the commercial sites may
not occur for 15 years or more.
There are numerous factors that may have additional impacts upon the development
schedule that are beyond the control of the developer. Among these are housing and
commercial market conditions, economic and financial conditions, construction
materials and labor availability, acts of nature and other similar conditions.
Item 5c
33
Exhibit F -
CONCEPTUAL SINGLE FAMILY ELEVATIONS - The elevations on the following
pages are artists’ concepts, the following elevations shall be representative of the
architectural style, color, and material selections for the single family dwellings in
Star Trail.
55 Ft. Lot Product -
Item 5c
34
65 Ft. Lot Product -
Item 5c
35
76 Ft. Lot Product -
Item 5c
36
86 Ft. Lot Product -
Item 5c
37
86 Ft. Lot Product (cont’d.) -
Item 5c
Page 1 of 1
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 23, 2017
Agenda Item:
Consider and act upon an ordinance amending Article 10.03, “Subdivision Ordinance,” of Chapter
10, “Subdivision Regulations,” of the Code of Ordinances by enacting a new Subdivision
Ordinance.
Description:
On May 9, 2017, the Town Council held a Public Hearing and received input on the
comprehensive amendments to the Subdivision Ordinance. The one item that staff was instructed
to study was the minimum and maximum radii of the curvature of sidewalks and hike & bike trails
within the required landscape area adjacent to thoroughfares. The Prosper Developers Council
(PDC) requested the maximum radius be increased from 200 feet to 500 feet. Staff is
recommending the maximum radius be 300 feet in order to meet desired design.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., prepared the ordinance.
Attached Documents:
1. Enacting Ordinance
2.Subdivision Ordinance
Staff Recommendation:
Staff recommends that the Town Council approve an ordinance amending Article 10.03,
“Subdivision Ordinance,” of Chapter 10, “Subdivision Regulations,” of the Code of Ordinances by
enacting a new Subdivision Ordinance.
Proposed Motion:
I move to approve an ordinance amending Article 10.03, “Subdivision Ordinance,” of Chapter 10,
“Subdivision Regulations,” of the Code of Ordinances by enacting a new Subdivision Ordinance.
Prosper is a place where everyone matters.
PLANNING
Item 5d
Ordinance No. 17-__, Page 1
TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING ARTICLE 10.03, “SUBDIVISION ORDINANCE,” OF
CHAPTER 10, “SUBDIVISION REGULATIONS,” OF THE CODE OF
ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY REPLACING
SAID ARTICLE WITH A NEW ARTICLE 10.03, “SUBDIVISION
ORDINANCE”; EXTENDING THE TOWN’S SUBDIVISION ORDINANCE AND
REGULATIONS TO THE TOWN’S EXTRATERRITORIAL JURISDICTION;
PROVIDING FOR SEVERABILITY, SAVINGS AND REPEALING CLAUSES;
PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas (“Town”), is a home-rule municipality under the
laws of the State of Texas and is duly incorporated; and
WHEREAS, the Town possesses the full power of self-government, as authorized by the
Texas Constitution and the Town’s duly adopted Charter; and
WHEREAS, the Town Council of the Town has determined that the adoption of new
subdivision regulations is in the best interests of the citizens of the Town and will promote the
public health, safety and general welfare; and
WHEREAS, the Town Council, on behalf of Prosper and its citizens, further has
determined that the new subdivision regulations will promote the orderly, safe and efficient growth
of the Town and the Town’s extraterritorial jurisdiction.
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 10.03, “Subdivision
Ordinance,” of Chapter 10, “Subdivision Regulation,” of the Code of Ordinances of the Town
of Prosper, Texas, is hereby amended by replacing it with a new Article 10.03, “Subdivision
Ordinance,” a copy of which is attached hereto as Exhibit A, and is incorporated into this
Ordinance by reference.
SECTION 3
As authorized by Section 212.003 of the Texas Local Government Code, as amended,
and other applicable law, the Town Council of the Town of Prosper hereby extends to the
extraterritorial jurisdiction of the Town the application of the Subdivision Ordinance incorporated
and referenced herein.
Item 5d
Ordinance No. 17-__, Page 2
SECTION 4
Should any section, subsection, sentence, clause or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. The Town
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 5
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation
of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced
for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 6
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction 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 7
This Ordinance shall become effective from and after its passage and publication.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 23RD 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
Ordinance No. 17-__, Page 3
EXHIBIT A
(Subdivision Ordinance)
Item 5d
Town of Prosper
Subdivision Ordinance Prepared by:
FREESE AND NICHOLS, INC. 2711 N. Haskell Avenue, Suite 3300 Dallas, TX 75204 214-217-2200
Adopted by Ordinance No. ___________
May 23, 2017
Item 5d
Item 5d
Town of Prosper: Subdivision Ordinance Table of Contents
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
Item 5d
Table of Contents Town of Prosper: Subdivision Regulations
Page 2
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
Item 5d
Town of Prosper Subdivision Ordinance Section 1: General Provisions
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.
Item 5d
Section 1: General Provisions Town of Prosper: Subdivision Ordinance
Page 4
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.
Item 5d
Town of Prosper Subdivision Ordinance Section 1: General Provisions
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.
Item 5d
Section 1: General Provisions Town of Prosper: Subdivision Ordinance
Page 6
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.
Item 5d
Town of Prosper Subdivision Ordinance Section 1: General Provisions
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
Item 5d
Section 1: General Provisions Town of Prosper: Subdivision Ordinance
Page 8
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
Item 5d
Town of Prosper Subdivision Ordinance Section 1: General Provisions
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.
Item 5d
Section 1: General Provisions Town of Prosper: Subdivision Ordinance
Page 10
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)
Item 5d
Town of Prosper Subdivision Ordinance Section 2: Development Review Bodies
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
Item 5d
Section 2: Development Review Bodies Town of Prosper: Subdivision Ordinance
Page 12
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
Item 5d
Town of Prosper Subdivision Ordinance Section 3: Application Submittal and Processing Procedures
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.
Item 5d
Section 3: Application Submittal and Processing Procedures Town of Prosper: Subdivision Ordinance
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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.
Item 5d
Town of Prosper Subdivision Ordinance Section 3: Application Submittal and Processing Procedures
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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.
Item 5d
Section 3: Application Submittal and Processing Procedures Town of Prosper: Subdivision Ordinance
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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.
Item 5d
Town of Prosper Subdivision Ordinance Section 3: Application Submittal and Processing Procedures
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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.
Item 5d
Section 3: Application Submittal and Processing Procedures Town of Prosper: Subdivision Ordinance
Page 18
(This Page Intentionally Left Blank for Double-Sided Printing)
Item 5d
Town of Prosper Subdivision Ordinance Section 4: Platting Requirements
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.
Item 5d
Section 4: Platting Requirements Town of Prosper: Subdivision Ordinance
Page 20
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.
Item 5d
Town of Prosper Subdivision Ordinance Section 4: Platting Requirements
Page 21
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;
Item 5d
Section 4: Platting Requirements Town of Prosper: Subdivision Ordinance
Page 22
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.
4. Appeal of the Denial of a Final Plat Approval Extension
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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
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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.
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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
Item 5d
Section 4: Platting Requirements Town of Prosper: Subdivision Ordinance
Page 36
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.
Item 5d
Town of Prosper Subdivision Ordinance Section 5: Construction Plans & Procedures
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).
Item 5d
Section 5: Construction Plans & Procedures Town of Prosper: Subdivision Ordinance
Page 38
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
Item 5d
Town of Prosper Subdivision Ordinance Section 5: Construction Plans & Procedures
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.
Item 5d
Section 5: Construction Plans & Procedures Town of Prosper: Subdivision Ordinance
Page 40
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.
Item 5d
Town of Prosper Subdivision Ordinance Section 5: Construction Plans & Procedures
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.
Item 5d
Section 5: Construction Plans & Procedures Town of Prosper: Subdivision Ordinance
Page 42
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).
Item 5d
Town of Prosper Subdivision Ordinance Section 5: Construction Plans & Procedures
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).
Item 5d
Section 5: Construction Plans & Procedures Town of Prosper: Subdivision Ordinance
Page 44
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).
Item 5d
Town of Prosper Subdivision Ordinance Section 6: Subdivision Design Standards
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.
Item 5d
Section 6: Subdivision Design Standards Town of Prosper: Subdivision Ordinance
Page 46
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,
Item 5d
Town of Prosper Subdivision Ordinance Section 6: Subdivision Design Standards
Page 47
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.
Item 5d
Section 6: Subdivision Design Standards Town of Prosper: Subdivision Ordinance
Page 48
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.
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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.
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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.
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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.
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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.
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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)
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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.
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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 or owner of the property.
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.
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2. Water Main Cost of Construction
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.
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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.
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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.
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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 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 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
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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 Subdivision 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 with 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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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 Town;
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 Town codes or
regulations; to assess the association for all costs incurred by the Town in performing such
responsibilities if the association fails to do so; and/or to avail itself of any other enforcement actions
available to the Town pursuant to state law or Town 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.
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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.
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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.
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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.
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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.
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.
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”).
Administrative Waiver
See Waiver, Administrative.
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.
Amending Plat
An Amending Plat applies minor revisions to a recorded plat consistent with provisions of State law, see Section 4.08
Amending Plat.
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.
Item 5d
Section 8: Definitions Town of Prosper: Subdivision Ordinance
Page 100
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.
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.
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.
Barrier Curbs
Barrier curbs are designed to prevent vehicles from leaving the roadway or pavement.
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.
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.
Block Face
The portion of a Block that abuts a street.
Block Length
The length of the Block Face between two intersections.
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.
Building Official
The Building Official of the Town or his or her designee.
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.
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.
Item 5d
Town of Prosper Subdivision Ordinance Section 8: Definitions
Page 101
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.
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.)
Commission
The Planning & Zoning Commission of the Town.
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.
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.
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.
Council
See Town Council.
Council Waiver
See Waiver, Council.
County
Collin or Denton County.
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.
Crosswalk Way
A public Right-of-Way, four (4) feet or more in width between property lines, which provides pedestrian circulation.
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.
Item 5d
Section 8: Definitions Town of Prosper: Subdivision Ordinance
Page 102
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.
Date of Adoption
The date of adoption of this Subdivision Ordinance shall be the date this ordinance becomes effective.
Dead-End Street
A street, other than a cul-de-sac, with only one outlet.
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.
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.
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.
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.
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.
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.
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.
Item 5d
Town of Prosper Subdivision Ordinance Section 8: Definitions
Page 103
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.”
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.
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.
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.
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.
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.
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.
Engineering Plans
See Construction Plans.
ETJ
See Extraterritorial Jurisdiction (ETJ).
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
Item 5d
Section 8: Definitions Town of Prosper: Subdivision Ordinance
Page 104
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.
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.
Filing Plat
See Final Plat.
Final Acceptance
The acceptance by the Town of all infrastructure improvements constructed by the Developer in conjunction with the
development of land.
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.
Floodplain
The area subject to be inundated by water from the Base Flood.
Floodway
A natural drainage area that accommodates the Base Flood for existing creeks and open drainage ways.
Frontage
All the property abutting on one (1) side of the street, or between two (2) intersecting streets, measured along the street
line.
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.
Improvement
Any man-made fixed item that becomes part of or placed upon real property, see also Public Improvement.
Infrastructure
All streets, alleys, sidewalks, storm drainage, water, and wastewater facilities, utilities, lighting, transportation, and other
facilities as required by the Town.
Item 5d
Town of Prosper Subdivision Ordinance Section 8: Definitions
Page 105
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.
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.
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.
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.
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.
Lot, Depth
The mean distance from the front street line to the rear line.
Lot, Interior
A lot, the side line of which does not abut on any street.
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.
Lot, Through
An interior lot having frontage on two streets.
Lot Lines
The lines bounding a lot as defined herein.
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.
Lot Width
The mean distance between side lines measured at right angles to the depth.
Item 5d
Section 8: Definitions Town of Prosper: Subdivision Ordinance
Page 106
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.
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.
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.
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.
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.
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.
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.
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.
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.
Parking Space
Open space or garage space reserved exclusively for the parking of a vehicle.
Item 5d
Town of Prosper Subdivision Ordinance Section 8: Definitions
Page 107
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.
Perimeter Street
A street that abuts a parcel of land to be subdivided on one side.
Person
Person means an individual, firm, association, organization, partnership, trust, foundation, company or corporation.
Planning & Zoning Commission
The Planning & Zoning Commission of the Town. Also referred to as the “Commission.”
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.
Plat, Amending
See Amending Plat.
Plat, Final
See Final Plat.
Plat, Minor
See Minor Plat.
Plat, Preliminary
See Preliminary Plat.
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.
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.
Preliminary Stormwater Management Plan
A plan identifying permanent water quality feature opportunities for Subdivision development.
Preliminary SWMP
Preliminary SWMP is an abbreviation for Preliminary Stormwater Management Plan.
Item 5d
Section 8: Definitions Town of Prosper: Subdivision Ordinance
Page 108
Preliminary Utility Plan
A plan detailing both Water Utility and Wastewater Utility requirements, see Section 6.12.C Preliminary Utility Plan for
details.
Private Street
See Street, Private.
Proportionality/Proportional Share
The Developer’s portion of the costs of an exaction or Public Improvement.
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.
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.
Record Plat
See Final Plat.
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.
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.
Residential Use
Residential use means use of a structure as a residence.
Residential Zoning District
Residential district means a single-family, patio home, duplex, townhouse, multifamily or manufactured home zoning
district.
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.
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.
Item 5d
Town of Prosper Subdivision Ordinance Section 8: Definitions
Page 109
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.
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.
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.
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.
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.
Street
A public Right-of-Way that provides vehicular traffic access to adjacent lands.
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.
Street Right-of-Way Width
The shortest distance between the property or easement lines that delineates the Right-of-Way of a street.
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.
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.
Item 5d
Section 8: Definitions Town of Prosper: Subdivision Ordinance
Page 110
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.
Subdivision Ordinance
The adopted Subdivision Ordinance of the Town, as may be amended in the future, and may be referred as “this
Ordinance.”
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.
Subdivision Regulations
Any regulations and standards contained within the Subdivision Ordinance.
Subdivision Waiver
Either an Administrative Waiver or Council Waiver; see Section 7.01 Petition for Subdivision Waiver.
Surveyor
A licensed State Land Surveyor or a Registered Public Land Surveyor, as authorized by the State to practice the profession
of surveying.
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.
Town
The Town of Prosper, Texas, together with all its governing and operating bodies.
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.
Town Council
The duly elected governing body of the Town of Prosper, Texas.
Town Manager
The officially appointed and authorized Town Manager of the Town of Prosper, Texas, or the Town Manager's duly
authorized representative.
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.
Item 5d
Town of Prosper Subdivision Ordinance Section 8: Definitions
Page 111
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.
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.
Utility Easement
See Easement.
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.
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.
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.
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.
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.
Item 5d
Section 8: Definitions Town of Prosper: Subdivision Ordinance
Page 112
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.
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.
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.
Item 5d
Page 1 of 2
To: Mayor and Town Council
From: Paul Naughton, RLA., Landscape Architect
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 23, 2017
Agenda Item:
Consider and act upon approval of the Memorandum of Understanding between the City of Irving
and the Town of Prosper relative to the construction of improvements and/or use of an existing City
of Irving 75-foot water line easement generally located north of US 380 in the Town of Prosper.
Description of Agenda Item:
The purpose of the Memorandum of Understanding (MOU) is to provide guidance on the allowable
improvements within the City of Irving’s existing 75’ Water Line Easement along US 380 in the Town
of Prosper. The current deal points include the following:
•List of large canopy trees
•List of small canopy trees
•List of shrubs
•List of ornamental grasses
•Grading
•Sidewalks
•Signage
•Access
•Inspection of improvements
The MOU details the list of agreed upon plant material, as well as exhibits showing the acceptable
manner of placement of the above elements. Prosper also agrees to require any property owner(s)
to secure a written agreement from Irving that holds the property owner(s) responsible for restoration
of the tree(s) and/or signs and any land existing within or adjacent to the Easement that is damaged
by Irving’s enforcement of the Easement deed restrictions, or in the event said tree(s) and/or signs
must be removed for maintenance, repair, or construction, as applicable, of existing or future
infrastructure, raw water main, or other utilities in the Easement.
Budget Impact:
There is no budgetary impact.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Memorandum of Understanding as
to form and legality.
Prosper is a place where everyone matters.
PARKS AND
RECREATION
Item 5e
Page 2 of 2
Attached Documents:
1. Memorandum of Understanding
Town Staff Recommendation:
Town staff recommends that the Town Council approve the Memorandum of Understanding between
the City of Irving and the Town of Prosper relative to the construction of improvements and/or use of
an existing City of Irving 75-foot water line easement generally located north of US 380 in the Town
of Prosper.
Proposed Motion:
I move to approve the Memorandum of Understanding between the City of Irving and the Town of
Prosper relative to the construction of improvements and/or use of an existing City of Irving 75-foot
water line easement generally located north of US 380 in the Town of Prosper.
Item 5e
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF IRVING AND
THE TOWN OF PROSPER
THIS MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF IRVING
AND THE TOWN OF PROSPER (hereinafter referred to as “MOU”), entered into in the
interest of the general public, is made this ___ day of _______________, 2017, by and
between the CITY OF IRVING, a Texas home-rule municipal corporation (hereinafter
referred to as “Irving”), and the TOWN OF PROSPER, also a Texas home-rule municipal
corporation (hereinafter referred to as “Prosper”), relative to the construction of
improvements and/or use of an existing Irving 75-foot water line easement (“Easement”)
generally located north of US Highway 380 in the Town of Prosper, Texas.
WHEREAS, Irving obtained and recorded permanent underground pipeline
easements throughout the Easement at considerable cost to Irving and reserved the right
of Irving to remove and keep removed any trees, buildings, signs, or other permanent
structures or portions thereof in the Easement for the purpose of protecting the Lake
Chapman Pipeline, which provides up to 75 million gallons of water per day to Irving and
Irving’s customer, the Upper Trinity Regional Water District; and
WHEREAS, Prosper’s local ordinances and regulations require landowners and
developers to comply with certain landscaping requirements that may include the
encroachment of trees and other objects in the Easement; and
WHEREAS, for several years Irving and Prosper have met and discussed potential
uses of and improvements in the Easement with the common goal of beautifying Prosper
and protecting the Lake Chapman Pipeline; and
WHEREAS, this MOU identifies acceptable plantings, improvements, and
activities in the Easement, without waiving Irving’s rights under the recorded permanent
underground pipeline easements.
NOW, THEREFORE, Irving and Prosper have arrived at the following
understanding(s):
1. Easement Description. A depiction of the Easement is attached hereto as
Exhibit A and is incorporated by reference. It is understood by the parties that this MOU
addresses only that portion of the Easement located within the corporate limits of Prosper.
Exhibits B, C, D and E are illustrative examples of acceptable improvements within the
Easement as outlined in this MOU and are also incorporated by reference.
2. Plantings. Without waiving Irving’s rights under the terms and conditions
of the permanent underground pipeline easements, the following lists of plantings are
acceptable plantings in the Easement, subject to the terms and conditions herein:
Item 5e
a. Large Canopy Trees. From US Highway 380 Right-of-Way to Five Feet
(5’) north inside the Easement, these trees are permitted to be planted:
Afghan Pine Cedar Elm Lacy Oak
Bald Cypress Chinese Pistache Shantung Maple
Bigelow Oak Chinquapin Oak Western Soapberry
b. Small Canopy Trees. From US Highway 380 Right-of-Way to Ten Feet
(10’) north inside the Easement, these trees are permitted to be planted because they are
anticipated not to exceed a mature height of Fifteen Feet (15’) and spread of Fifteen Feet
(15’). Small Canopy Trees listed with an asterisk sign (*) may also be planted within
parking islands outside the area Thirty Feet (30’) north of US Highway 380 Right-of-Way,
but no closer than Eight Feet (8’) to the existing or future raw water main:
Blue Point Juniper* Mexican Buckeye Vitex
Carolina Buckhorn Possumhaw Holly Wax Myrtle*
Cherry Laurel* Roughleaf Dogwood Wichita Juniper*
Crepe Myrtle* Texas Persimmon Yaupon
Eve’s Necklace Texas Redbud
c. Shrubs. From US Highway 380 Right-of-Way to Ten Feet (10’) north inside
the Easement, within parking islands outside the area north of US Highway 380 Right-of-
Way. Shrubs listed with an asterisk sign (*) may also be planted in front of any parking
spaces facing US Highway 380. Shrubs listed with a caret sign (^) may only be planted in
the first Ten Feet (10’) north of the Right-of-Way adjacent to US Highway 380:
American Beautyberry Dwarf Glossy Abelia* Italian Jasmine
Argarita Dwarf Indian Hawthorn* Leatherleaf Mahonia
Aromatic Sumac Dwarf Pomegranate Miniature Crepe Myrtle
Barberry* Dwarf Spirea* Nellie R. Steven Holly^
Bridal Wreath Spirea Dwarf Texas Sage* Oakleaf Hydrangea
Burford Holly Dwarf Wax Myrtle* Purpleleaf Japanese
Chinese Photinia^ Dwarf Yaupon* Red Yucca
Clevera^ Elaeagnus^ Rose of Sharon (Althea)
Compact Nandina Flowering Quince Semi-Dwarf Crepe Myrtle
Coral Berry* Forsythia Smooth Sumac
Crimson Pygmy Barberry* Foster Holly^ Spirea
Dwarf Burford Holly* Glossy Abelia Standard Nandina
Dwarf Burning Bush Harbor Dwarf Nandina Texas Sage
Dwarf Chinese Holly* Hypericum*
Dwarf Crepe Myrtle Indian Hawthorn
2
Item 5e
d. Groundcovers/Ornamental Grass. From US Highway 380 Right-of-Way
to Ten Feet (10’) north inside the Easement, these groundcovers/ornamental grasses are
permitted to be planted. They also may be planted within parking islands outside the area
Thirty Feet (30’) north of US Highway 380 Right-of-Way and within Two Feet (2’) in front
of any parking spaces facing US Highway 380:
Groundcover:
Asiatic Jasmine
Avens, White
Frog Fruit
Ground Ivy
Hardy Plumbago
Horseherb
Liriope or Lily Turf
Mondo or Monkey Grass
Pigeonberry
Purpleleaf Euonymus
Santolina
Snake Herb
Wood Violet
Ornamental Grasses:
Autumn Blush Muhly Eastern Gamma Grass Ravenna Grass Turf
Big Bluestem Feather Reed Grass Sideoats Grama
Black Fountain Grass Hamelin’s Fountain Grass Silver Bluestem
Blue Grama Indiangrass Splitbeard Bluestem
Broomsedge Inland Sea-Oats Standard Fountain Grass
Bushy Bluestem Lindheimer’s Muhly Switchgrass
Canada Wildrye Little Bluestem Variegated Japanese
Dwarf Maiden Grass Maiden Grass Silver Grass
Dwarf Pampas Grass Morning Light Maiden Zebra Grass
e. Easements Prohibiting Trees. In order to allow Large Canopy Trees on
the Easement, Prosper agrees to require any property owner(s) to secure a written
agreement from Irving that holds the property owner(s) responsible for restoration of the
tree(s) and any land existing within or adjacent to the Easement that is damaged by
Irving’s enforcement of the Easement deed restrictions, or in the event said tree(s) must
be removed for maintenance, repair, or construction, as applicable, of existing or future
infrastructure, raw water main, or other utilities in the Easement. Except for cases of
emergency, public calamity, protection of the public health and safety, to preserve the
property of Irving, or in order to avoid an interruption of services, all of which may be made
in Irving’s sole determination, Irving will make a good faith effort to give said property
owner(s) at least thirty (30) days’ written notice prior to any planned maintenance, repair,
or construction within the Easement to allow said property owner(s) the option of
removing any tree(s) prior to Irving’s removal.
3
Item 5e
3. Grading in the Easement. All grading plans will be reviewed by Irving to
ensure adequate cover on both the raw water main and fiber optic line. The fiber optic
line is estimated to be located Seventeen Feet (17’) north inside the Easement. The fiber
optic line needs to maintain a minimum Forty-Two Inches (42”) of cover and all
appurtenances must be adjusted accordingly.
4. Sidewalks. From US Highway 380 Right-of-Way to Sixteen Feet (16’) north
inside the Easement, sidewalk connection from adjoining development to the Six Foot (6’)
sidewalk will be allowed to cross the Easement. Sidewalks and hike and bike trails shall be
constructed in accordance with Prosper regulations, Six Inches (6”) thick, 3600 psi concrete
with #3 bars on Eighteen Inch (18”) centers. The fiber optic line is estimated to be Seventeen
Feet (17’) north inside the Easement and there should be a minimum of 1 Foot (1’) horizontal
clearance with the sidewalk. Additionally, the location of all sidewalks must not conflict with
any existing pull boxes/hand holds for the fiber optic line. For the hike and bike trail shown
on the Town of Prosper Trail Plan, the City of Irving will review for adequate coverage and
clearance.
5. Easements Prohibiting Signs. On land where the Easement prohibits
signs from US Highway 380 Right-of-Way to Ten Feet (10’) north inside the Easement,
Prosper agrees to require the property owner(s) to secure a separate written agreement
from Irving that holds the property owner(s) responsible for restoration of the sign(s) and
any land existing within or adjacent to the Easement that is damaged by Irving’s
enforcement of the Easement deed restrictions, or in the event said sign(s) must be
removed for maintenance, repair, or construction, as applicable, of existing or future
infrastructure, raw water main, or other utilities in the Easement. Except for cases of
emergency, public calamity, protection of the public health and safety, to preserve the
property of Irving, or in order to avoid an interruption of services, all of which may be made
in Irving’s sole determination, Irving will make a good faith effort to give said property
owner(s) at least thirty (30) days’ written notice prior to any planned maintenance, repair,
or construction within the Easement to allow said property owner(s) the option of
removing any sign(s) prior to Irving’s removal.
6. Access to the Easement. Property owners must maintain adequate
clearance to allow Irving to drive maintenance trucks through the Easement. In areas
where parking is located within the Easement adjacent to the Thirty Foot (30’) landscape
setback, Prosper will instruct the property owner(s) of the requested access needed to
operate and maintain any appurtenances on the raw water main that include, but are not
limited to combination air vacuum and/or air release valves, cathodic protection test
stations, blow-off valves, and fiber boxes for the fiber optic line. These access areas will
be a minimum of Twenty Feet (20’) wide and shall be constructed in a manner so as not
to restrict Irving’s access to the Easement. Exhibits B, C, D and E show approximately
Twelve Feet (12’) to Fourteen Feet (14’) of open area between the proposed sidewalk
and proposed fire lane or parking. With limited space to drive through the Easement, this
area should be free of irrigation heads and valves. Additionally, tree limbs must be
maintained, by the Property Owner, at a spread of Sixteen Feet (16’) north inside the
Easement, and landscaping shall not encroach into the Maintenance Zone, to maintain
Item 5e
clearance and avoid damage to Irving’s maintenance trucks. Irving reserves the right to
summarily abate, without notice, any tree or tree limb, object, material, or other item or
improvement not maintained in accordance with this section.
7. Authority to Execute MOU. The parties represent and warrant that the
individuals executing this MOU on their behalf have full authority to execute the same.
8. Deed Records. This MOU shall not be filed in the deed records of Collin
County, Texas, or Denton County, Texas, or any other county where the Easement exists.
9. Amendment to MOU. Any amendment, modification, or alteration of the
terms hereof shall be made in writing, dated subsequent to the date hereof, and duly
executed by the parties hereto and their duly authorized representatives.
10. Immunities. This MOU is not intended to create privity of contract between
the parties and merely reflects a mutual understanding in order to better effectuate the
exercise of the parties’ governmental functions for the benefit of the general public. It is
expressly understood that, in the execution of this MOU, no party waives, nor shall be
deemed hereby to have waived, any immunity or defense that would otherwise be available
to it against claims by third parties arising in the exercise of governmental powers and
functions. By executing this MOU, the parties do not create any binding contractual
obligations, express or implied, and this MOU shall not create any rights in parties not
signatories hereto.
[Remainder of Page Intentionally Left Blank]
4
Item 5e
IN WITNESS WHEREOF, the parties hereto have executed this MOU on the ___
day of _______________, 2017.
APPROVED:
CITY OF IRVING, TEXAS
________________________________
Richard H. Stopfer, Mayor
TOWN OF PROSPER, TEXAS
________________________________
Ray Smith, Mayor
ATTEST:
________________________________
Robyn Battle, Town Secretary
ATTEST:
________________________________
Shanae Jennings, City Secretary
Item 5e
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PROSPER TRL
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72-inch raw water main within 75' Pipeline Easement
North of US 380 Right-of-Way
.Exhibit A
City of Irving
72-inch Raw Water Main
Disclaimer/Limitation of Liability:
All data, specifically including the geographic data herein are provided "as is"
without warranty of any kind, either expressed or implied, or statutory, including,
but not limited to, the implied warranties of merchantability and fitness for a
particular purpose. The user assumes the entire risk as to the quality and
performance of the data. P:\skelly\projects\lakechapman\lakechapmanWatermainExhibit.mxd
Date 09/26/2016
Legend
Irving 72-inch Raw Water Main
Item 5e
Item 5e
Item 5e
Item 5e
Item 5e
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Senior Planner
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 23, 2017
Agenda Item:
Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of
the Town Council to the Development Services Department, pursuant to Chapter 4, Section
1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning
& Zoning Commission on any Site Plan or Preliminary Site Plan.
Description of Agenda Item:
Attached are the Site Plans that were acted on by the Planning & Zoning Commission at their
May 16, 2017, meeting. Per the Town’s Zoning Ordinance, the Town Council has the ability to
direct staff to submit a written notice of appeal on behalf of the Town Council to the
Development Services Department for any Preliminary Site Plan or Site Plan acted on by the
Planning & Zoning Commission.
Attached Documents:
1.Site Plan for the Davidson Office Building
2.Site Plan for Temporary Buildings at Reynolds Middle School
Attachment Summary:
Project
Name Type Location
Building
Size
Existing/
Proposed
Uses
Known
Tenant
Davidson
Office
Site
Plan
West side of Main
Street, 100± south of
Broadway Street
1,907
square feet
Professional
Office
Financial
Innovations
Reynolds
Middle
School
Site
Plan
East side of Coleman
Street, 2,000± south
of Prosper Trail
1,536
square feet
per building
19 Temporary
Buildings
PISD
Town Staff Recommendation:
Town staff recommends that the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
Item 5f
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D17-0026
SITE PLAN
REYNOLDS MIDDLE SCHOOL
TEMPORARY BUILDINGS
344
Site Plan Notes
Any revision to this plan will require town approval and will require revisions to any corresponding plans to avoid conflicts
between plans.
1) Dumpsters and trash compactors shall be screened in accordance with the Zoning Ordinance.
2) Open storage, where permitted, shall be screened in accordance with the Zoning Ordinance.
3) Outdoor lighting shall comply with the lighting and glare standards contained within the Zoning Ordinance and
Subdivision Ordinance.
4) Landscaping shall conform to landscape plans approved by the Town.
5) All elevations shall comply with the standards contained within the Zoning Ordinance.
6) Buildings of 5,000 square feet or greater shall be 100% fire sprinkled. Alternative fire protection measures may be
approved by the Fire Department.
7) Fire lanes shall be designed and constructed per town standards or as directed by the Fire Department.
8) Two points of access shall be maintained for the property at all times.
9) Speed bumps/humps are not permitted within a fire lane.
10) Handicapped parking areas and building accessibility shall conform to the Americans with Disabilities Act (ADA) and
with the requirements of the current, adopted Building Code.
11) All signage is subject to Building Official approval.
12) All fences and retaining walls shall be shown on the site plan and are subject to Building Official approval.
13) All exterior building materials are subject to Building Official approval and shall conform to the approved façade plan.
14) Sidewalks of not less than six (6') feet in width along thoroughfares and collectors and five (5') in width along
residential streets, and barrier free ramps at all curb crossings shall be provided per Town standards.
15) Approval of the site plan is not final until all engineering plans are approved by the Engineering Department.
16) Site plan approval is required prior to grading release.
17) All new electrical lines shall be installed and/or relocated underground.
18) All mechanical equipment shall be screened from public view in accordance with the Zoning Ordinance.
19) Temporary buildings will meet all the requirements of the Building Code.
20) Temporary buildings will meet all the requirements of the Fire Code.
21) Temporary buildings will be added to the existing fire alarm system and include one pull station and smoke alarm.
22) Temporary buildings will have a minimum 10' building separation.
23) Temporary buildings are approximately 24' x 64', and 1,536 sq ft.
24) Temporary buildings connecting to plumbing of existing buildings shall submit for all necessary building permits, while
temporary buildings requiring connections to public infrastructure shall require engineering plans to be submitted and
approved at the time of building permit.
25) "Approved Panic Hardware" shall be required on all associated enclosures / fences, subject to Fire Department
approval.
3
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19
Existing (1-5)
Proposed (6-19)
Item 5f
Page 1 of 1
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 23, 2017
Agenda Item:
Presentation of service plan and first Public Hearing to consider the voluntary annexation of
5.7± acres generally located on the west side of Custer Road, 1,300± feet south of Frontier
Parkway. (A17-0001).
Description of Agenda Item:
In 2014, the Town extended the five-year Annexation Agreement with the subject property
owner. The Annexation Agreement allows for development of the property, in accordance with
the Agricultural District of the Town’s Zoning Ordinance. The property owner, Rheas Mill Baptist
Church, has submitted a petition to be annexed by the Town, indicating an intent to expand
development onto the subject property in the future.
The schedule for annexation calls for two Public Hearings. This is the first Public Hearing; the
second Public Hearing is scheduled for June 13, 2017.
Legal Obligations and Review:
The notice for the first Public Hearing has been published in the newspaper and placed on the
Town’s website per state law and the annexation schedule.
Attached Documents:
1.Annexation Exhibit
2. Annexation Map
3. Annexation Service Plan
Town Staff Recommendation:
Town staff recommends the Town Council conduct the first Public Hearing to consider the
voluntary annexation of 5.7± acres generally located on the west side of Custer Road, 1,300±
feet south of Frontier Parkway, and receive comments from the public.
Proposed Motion:
Once the public hearing has been held, no further action is required for this item.
Prosper is a place where everyone matters.
PLANNING
Item 7
Item 7
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A17-0001
^_Source: Town of Prosper, PlanningDate: May 8, 2017
Proposed AnnexationsDISCLAIMER. The Town of Prosper has prepared this mapor information for internal use only. It is made available
under the Public Information Act. Any reliance on this mapor information is AT YOUR OWN RISK. Prosper assumes noliability for any errors, omissions, or inaccuracies in the map
or information regardless of the cause of such or for anydecision made, action taken, or action not taken in relianceupon any maps or information provided herein. Prosper
makes no warranty, representation, or guarantee of any kindregarding any maps or information provided herein or thesources of such maps or information and DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESSED ANDIMPLIED, including the implied warranties of merchantabilityand fitness for a particular purpose.
Legend
Town Limits
Railroad
Major Roads
Minor Roads
Parcels
Town
ETJ
A17-0001
(5.734 Acres Total)0 0.250.125
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Item 7
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO. _______________
DATE OF ANNEXATION ORDINANCE: _____________, 2017
Municipal Services to the area of land depicted in Exhibit A shall be furnished by
or on behalf of the Town of Prosper, Texas ("Town") at the following levels and in
accordance with the following schedule:
A. POLICE PROTECTION:
Police personnel and equipment from the Prosper Police Department shall be
provided to the area annexed, at a level consistent with current methods and
procedures presently provided to similar areas of the Town, on the effective date
of this Ordinance.
B. FIRE PROTECTION / EMERGENCY MEDICAL SERVICES:
Fire protection and Emergency Medical Services (EMS) from the Town shall be
provided to the area annexed, at a level consistent with current methods and
procedures presently provided to similar areas of the Town, on the effective date
of this Ordinance.
C. FIRE PREVENTION / INVESTIGATION:
The services of the Town of Prosper Fire Department shall be provided to the
area on the effective date of this Ordinance. The non-emergency services of fire
prevention and fire investigation will be added to the list of services provided by
the Prosper Fire Department.
D. SOLID WASTE COLLECTION:
Solid waste collection shall be provided to the area annexed upon request on the
effective date of this Ordinance up to the second anniversary of the annexation.
After that time, residents will be required to use the Town’s solid waste collection
company. The collection of refuse from individual properties shall be made in
accordance with the Town’s usual solid waste collection scheduling.
E. WATER SERVICE:
1. This area is currently serviced by the Town’s water distribution system.
Future expansion and extensions of the Town’s Water Distribution System will
provide better flow rates and line pressures, and is in accordance with
applicable Town codes and policies.
2. Maintenance of private lines will be the responsibility of the owner or
occupant.
Item 7
F. SANITARY SEWER SERVICE:
1. The annexed area will be provided sanitary sewer service in accordance with
applicable codes and departmental policy. When development occurs in
adjacent areas, sanitary sewer service shall be provided in accordance with
applicable Town codes and policies, including extensions of service.
2. Operation and maintenance of private wastewater facilities in the annexed
area will be the responsibility of the owner.
G. ROADS AND STREETS / STREET LIGHTING:
1. Operation and maintenance of private streets in the annexed area will be the
responsibility of the owner.
2. Operation and maintenance of public streets in the annexed area will be
provided by the Town on the effective date of this Ordinance.
3. The Town will coordinate any request for improved street lighting with the
local electric provider in accordance with Town policy.
H. PARKS AND RECREATION:
Residents within the area annexed may utilize all existing Town park and
recreation facilities, on the effective date of this Ordinance. Fees for such usage
shall be in accordance with current fees established by Town ordinance.
I. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES:
1. Enforcement of current environmental health ordinances and regulations,
including, but not limited to, weed and brush ordinances, junked and
abandoned vehicles ordinances and animal control ordinances, shall begin
within this area on the effective date of the annexation.
2. Inspection services, including, but not limited to, the review of building plans,
the issuance of permits and the inspection of all buildings, plumbing,
mechanical, and electrical work to ensure compliance with Town codes and
ordinances will be provided on the effective date of the annexation.
J. MISCELLANEOUS:
Any publicly owned facility, building, or service located within the annexed area
shall be maintained by the Town on the effective date of the annexation
ordinance. All other applicable municipal services shall be provided to the
annexation area in accordance with the Town’s established policies governing
extension of municipal services to newly annexed areas.
Item 7
Page 1 of 1
To: Mayor and Town Council
From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community
Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 23, 2017
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Development Agreement
between CADG Prosper 28, LLC, and the Town of Prosper, Texas, related to the park fees for The
Montclair development.
Description of Agenda Item:
The final plat for The Montclair development includes an existing residence and an existing pond.
Since these improvements were constructed many years ago, the developer has requested they
be removed from the calculations for park dedication fees and park improvement fees. Staff is
supportive of the request and the attached Development Agreement outlines the obligations of the
developer for payment of park dedication fees and park improvement fees for The Montclair
development.
Budget Impact:
Per the terms of the Development Agreement, The Montclair development will pay to the Town of
Prosper park dedication fees in lieu of park land dedication in the amount of $59,640, and $37,500,
in park improvement fees.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the Development Agreement as to
form and legality.
Attached Documents:
1.Development Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a
Development Agreement between CADG Prosper 28, LLC, and the Town of Prosper, Texas,
related to the park fees for The Montclair development.
Proposed Motion:
I move to authorize the Town Manager to execute a Development Agreement between CADG
Prosper 28, LLC, and the Town of Prosper, Texas, related to the park fees for The Montclair
development.
Prosper is a place where everyone matters.
PARKS AND
RECREATION
Item 8
The Montclair Development Agreement Page 1
TOWN OF PROSPER AND CADG PROSPER 28, LLC,
DEVELOPMENT AGREEMENT
THIS TOWN OF PROSPER AND CADG PROSPER 28, LLC, DEVELOPMENT
AGREEMENT (“Agreement”) is made and entered into this 23rd day of May, 2017, by and
between the Town of Prosper, Texas (hereinafter referred to as the “Town”), and CADG Prosper
28, LLC (hereinafter referred to as “Owner”).
W I T N E S S E T H:
WHEREAS, Owner is developing a residential subdivision in the Town known as The
Montclair, generally located east of Preston Road north of Prosper Trail, which contains 29.54
gross acres, more or less (the “Property”), as more particularly described in the Final Plat,
attached hereto as Exhibit A and incorporated by reference; and
WHEREAS, there have been discussions between Owner and the Town whether an
existing residence on the Property and an existing pond on the Property shall be subject to the
payment of the Town’s park fees in lieu of dedication and park improvement fees since such
structures/improvement previously have been constructed; and
WHEREAS, Owner and the Town agree and acknowledge that the existing residence
(located on Lot 18, Block B of the Property) and the existing pond (located on Lot 2X, Block B of
the Property), together consisting of 15.54 acres, more or less, shall not be included in the
calculation of required park fees in lieu of dedication or park improvement fees for the
subdivision; and
WHEREAS, the Town is agreeable to the issuance of building permits for the
subdivision, subject to the terms and conditions contained herein.
NOW, THEREFORE, in consideration of the foregoing premises and for other good and
valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Town
and Owner covenant and agree as follows:
1. Required Park Fees in Lieu of Dedication and Park Improvement Fees:
Developer Obligations.
A. Upon execution of this Agreement by the Town and Owner, the Town and
Owner agree and acknowledge that Lot 18 of Block B and Lot 2X of Block B, together
consisting of 15.54 acres, more or less, shall not be included in the calculation of park
fees in lieu of dedication, and the total amount of said fees in lieu of dedication for the
Property shall be $59,640.00.
B. Upon execution of this Agreement by the Town and Owner, the Town and
Owner agree and acknowledge that Lot 18 of Block B and Lot 2X of Block B, together
consisting of 15.54 acres, more or less, shall not be included in the calculation of park
improvement fees, and the total amount of said park improvement fees for the Property
shall be $37,500.00.
C. OWNER AND ITS HEIRS, SUCCESSORS, ASSIGNS, VENDORS,
GRANTEES, AND/OR TRUSTEES DO HEREBY AGREE TO WAIVE ALL CLAIMS,
RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN FROM ANY AND ALL
Item 8
The Montclair Development Agreement Page 2
CLAIMS, SUITS, JUDGMENTS, AND DEMANDS, INCLUDING ITS COSTS AND
REASONABLE ATTORNEY’S FEES, BROUGHT PURSUANT TO OR ARISING OUT
OF THE PERFORMANCE OF THIS AGREEMENT.
2. Other Obligations of Owner. Nothing herein shall relieve the Owner from
responsibilities for the construction of other public improvements and/or the payment of other
fees under applicable development ordinances of the Town.
3. Applicable Laws and Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Texas, and all obligations of the parties
created hereunder are performable in Collin County, Texas. Venue for any action arising under
this Agreement shall lie in Collin County, Texas.
4. Notices. Any notices required or permitted to be given hereunder shall be given
by certified or registered mail, return receipt requested, to the addresses set forth below or to
such other single address as either party hereto shall notify the other:
If to the Town: Town of Prosper, Texas
P.O. Box 307
Prosper, Texas 75078
Att’n: Town Manager’s Office
If to the Owner: CADG Prosper 28, LLC
1800 Valley View Lane, Suite 300
Farmers Branch, Texas 75234
Att’n: Mr. Mehrdad Moayedi
5. Prevailing Party. In the event any person initiates or defends any legal action or
proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any
such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees
(including its reasonable costs and attorney’s fees on any appeal). Nothing herein shall
constitute a waiver of any claim or defense that could be asserted in any litigation related to this
Agreement, and this Agreement is not subject to Section 271.152 of the Texas Local
Government Code, as amended.
6. Entire Agreement. This Agreement contains the entire agreement between the
parties hereto and supersedes all prior agreements, oral or written, with respect to the subject
matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly
for or against any party.
7. Facsimiles. A telecopied facsimile of a duly executed counterpart of this
Agreement shall be sufficient to evidence the binding agreement of each party to the terms
herein.
8. Town Manager Authorized to Execute Agreement. The Town Council hereby
authorizes the Town Manager of the Town of Prosper to execute this Agreement on behalf of
the Town.
9. Severability. In the event any provision of this Agreement shall be determined
by any court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the
Item 8
The Montclair Development Agreement Page 3
extent reasonably possible, remain in force as to the balance of its provisions as if such invalid
provision were not a part hereof.
10. Signatory Authority. The Town warrants and represents that the individual
executing this Agreement on behalf of the Town has full authority to execute this Agreement
and bind the Town to the same. Owner warrants and represents that the individual executing
this Agreement on its behalf has full authority to execute this Agreement and bind Owner to
same.
11. Binding Obligation. This Agreement is and shall be binding upon Owner, its
successors, heirs, assigns, grantees, vendors, trustees, representatives, and all others holding
any interest now or in the future.
12. Non-binding Mediation. In the event of any disagreement or conflict concerning
the interpretation of this Agreement, and such disagreement cannot be resolved by the
signatories hereto, the signatories agree to submit such disagreement to non-binding mediation.
13. Attorney’s Fees. Owner agrees to pay, or cause to be paid, to Prosper any
attorney’s fees charged to Prosper by Prosper’s legal counsel for, among other things,
preparation of, legal review of and any revisions to this Agreement and all further agreements,
ordinances or resolutions contemplated by this Agreement, and the provision of advice to
applicable Prosper Town Staff and the Prosper Town Council, in an amount not to exceed
$2,000.00 within ten (10) days upon receipt of an invoice of same from Prosper.
14. Sovereign Immunity. The parties agree that the Town has not waived its
sovereign or governmental immunity by entering into and performing its obligations under this
Agreement; however, for purposes of enforcement of this Agreement, Town agrees that it has
waived its sovereign immunity, and to that extent only.
15. Effect of Recitals. The recitals contained in this Agreement: (a) are true and
correct as of the effective date; (b) form the basis upon which the parties negotiated and
entered into this Agreement; (c) are legislative findings of the Town Council; and (d) reflect the
final intent of the parties with regard to the subject matter of this Agreement. In the event it
becomes necessary to interpret any provision of this Agreement, the intent of the parties, as
evidenced by the recitals, shall be taken into consideration and, to the maximum extent
possible, given full effect. The parties have relied upon the recitals as part of the consideration
for entering into this Agreement and, but for the intent of the parties reflected by the recitals,
would not have entered into this Agreement.
16. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
17. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile signature
will also be deemed to constitute an original if properly executed.
18. Application of Town Ordinances. The signatories hereto shall be subject to all
applicable ordinances of the Town, whether now existing or in the future arising. This
Agreement shall confer no vested rights on the Property unless specifically enumerated herein.
Item 8
The Montclair Development Agreement Page 4
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed
as of the date first above written.
THE TOWN OF PROSPER, TEXAS
By: ________________________________________
Name: Harlan Jefferson
Title: Town Manager, Town of Prosper
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of May, 2017, by Harlan
Jefferson, Town Manager of the Town of Prosper, Texas, on behalf of the Town of Prosper,
Texas.
________________________________
Notary Public, State of Texas
My Commission Expires:
___________________________
Item 8
The Montclair Development Agreement Page 5
OWNER:
CADG Prosper 28, LLC,
a Texas limited liability company
By: CADG Holdings, LLC,
a Texas limited liability company
Its Sole Member
By: MMM Ventures, LLC,
a Texas limited liability company
Its Manager
By: 2M Ventures, LLC,
a Delaware limited liability company
Its Manager
By:
________________________________
Name: Mehrdad Moayedi
Its: Manager
STATE OF TEXAS )
)
COUNTY OF DALLAS )
This instrument was acknowledged before me on the ____ day of May, 2017, by
Mehrdad Moayedi, Manager of 2M Ventures, LLC, as Manager of MMM Ventures, LLC, as
Manager of CADG Holdings, LLC, as Sole Member of CADG Prosper 28, LLC, a Texas limited
liability company on behalf of said company.
________________________________
Notary Public, State of Texas
My Commission Expires:
___________________________
Item 8
The Montclair Development Agreement Page 6
EXHIBIT A
Final Plat of The Montclair
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