2020-42 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2020-42
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SUBSECTIONS 7.01(B), "DEFINITIONS," AND 7.01(C),
"DECISION -MAKER," OF SUBSECTION 7.01, "PETITION FOR
SUBDIVISION WAIVER," OF SECTION 7, "SUBDIVISION RELIEF
PROCEDURES," OF THE TOWN'S SUBDIVISION ORDINANCE, AN
EXHIBIT TO ARTICLE 10.03, "SUBDIVISION ORDINANCE," OF CHAPTER
10, "SUBDIVISION REGULATIONS," OF THE CODE OF ORDINANCES OF
THE TOWN OF PROSPER, TEXAS; 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, while certainly acknowledging that it is desirable to strictly enforce the
Town's subdivision regulations, on occasion a project may present such challenges where some
minor flexibility may be required and is desirable, while nonetheless upholding the policy purposes
underpinning the Town's subdivision regulations; and
WHEREAS, the Town previously has acknowledged the need for flexibility in the land
development process; and
WHEREAS, it is the desire of the Town Council to allow the Town Manager to possess
similar limited authority to approve waivers of certain subdivision design standards, subject to
those limitations enunciated in this Ordinance; and
WHEREAS, the Town Council, on behalf of Prosper and its citizens, further has
determined that the following amendments 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, Subsections 7.01(b), "Definitions,"
and 7.01(c), "Decision -Maker," of Subsection 7.01, "Petition for Subdivision Waiver," of Section
7, "Subdivision Relief Procedures," of the Town's Subdivision Ordinance, an exhibit to Article
10.03, "Subdivision Ordinance," of Chapter 10, "Subdivision Regulation," of the Code of
Ordinances of the Town of Prosper, Texas, is hereby amended to read as follows:
Ordinance No. 2020-42, Page 1
"7.01 Petition for Subdivision Waiver
B. Definitions
Subdivision Waivers shall be classified as an Administrative Waiver, Town
Manager 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 Town Manager Waiver is a waiver of a subdivision design
standard contained in Section 6 of the Subdivision Ordinance, as amended,
subject to the limitations in Subpart (C). 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
2. Town Manager Waiver
Other than those sections listed above in Table 7 for Administrative Waiver
by the Development Services Director, the Town Manager may waive any
subdivision design standard listed in Section 6 of the Subdivision
Ordinance, as amended; however, in no event shall the Town Manager
waive any provision of Section 6.19, "Homeowners' Property Owners'
Associations," Section 6.20, "Park Land Designs, Dedications, and Fees,"
and Section 6.21, "Franchise Utilities," all as amended. Further, the Town
Manager is not authorized to waive any fee or charge imposed by the Town.
The decision of the Town Manager not to waive a subdivision design
standard referenced herein may be considered by the Town Council as a
Council Waiver:
3. Council Waiver
SECTION 3
Should any section, subsection, sentence, clause or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. The Town
Council hereby declares that it would have passed this Ordinance, and each section, subsection,
clause or phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 4
Ordinance No. 202042, Page 2
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation
of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced
for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 5
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of Five Hundred Dollars ($500.00), and each and every day such violation shall continue
shall constitute a separate offense.
SECTION 6
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 121h DAY OF MAY, 2020.
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Ray Smith, Mayo
ATTEST:
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Melissa Lee, Tow Secretary , • ' ' • , cS �'
APPROVED AS TO FORM AND LEGALITY:
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Terrence S. Welch, Town Attorney
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Ordinance No. 2020-42, Page 3