15-51 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 15-51
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SECTION 3.13.070, "STORAGE," OF DIVISION 3,
"DRAINAGE AND FLOOD CONTROL," OF ARTICLE 3.13, "FLOODS AND
DRAINAGE," OF CHAPTER 3, "BUILDING REGULATIONS," OF THE CODE
OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY ADDING A
NEW SUBSECTION (h), ENTITLED "SPECIAL REQUIREMENTS FOR WATER
DETENTION IN THE DOE BRANCH CREEK WATERSHED"; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING A
PENALTY CLAUSE; PROVIDING FOR PUBLICATION OF THE CAPTION
HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town Council has considered and concluded that due to its unique
nature and the potential for flooding or other drainage -related issues, the Doe Branch Creek
Watershed necessitates special water storage requirements; and
WHEREAS, the Town of Little Elm, Texas, also is in the process of adopting
regulations unique to development in the Doe Branch Creek Watershed, as addressed by
Prosper and Little Elm in an interlocal agreement recently approved by both municipalities;
and
WHEREAS, the Town Council has determined that the following amendment furthers
the public health, safety and welfare of the citizens of Prosper.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER,TEXAS,THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2
From and after the effective date of this Ordinance, Section 3.13.070, "Storage," of
Division 3, "Drainage and Flood Control," of Article 3.13, "Floods and Drainage," of Chapter 3,
"Building Regulations," of the Code of Ordinances of the Town of Prosper, Texas, is amended
by adding a new subsection (h), "Special requirements for water detention in the Doe Branch
Creek Watershed," to read as follows:
"3.13.070 Storage
(h) Soecial reouirements for water detention in the Doe Branch Creek Watershed,. No water
detention for any residential or commercial property that is developed in the fully developed 100
Year Floodplain of the Doe Branch Creek Watershed, as such Watershed is reflected on Town -
approved FEMA maps, shall be required. Any application for residential or commercial
development in the Doe Branch Creek Watershed shall be accompanied by a detailed drainage
study acceptable to the Town Engineer. Any areas along the drainage ways in the Doe Branch
Creek Watershed shall require creek stabilization measures, as approved by the Town."
Ordinance No. 15-51, Page 1
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 hereby declares that it would have passed this Ordinance, and each section, subsection,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict, and any remaining portions of said ordinances shall remain in full
force and effect.
SECTION 5
Any person, firm or corporation violating any of the provisions or terms of this Ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to
exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day
such violation shall continue shall constitute a separate offense. The penal provisions imposed
under this Ordinance shall not preclude the Town from filing suit to enjoin the violation, and the
Town retains all legal rights and remedies available to it.
SECTION 6
This Ordinance shall become effective from and after its adoption and publication as
required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 8TH DAY OF SEPTEMBER, 2015.
Ray Smith, M yor
ATTES
byn j3attle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, To Attorney
Ordinance No. 15-51, Page 2