10-093 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 10-093
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ADOPTING GREEN
BUILT TEXAS MULTIFAMILY PROTOCOL VERSION 1.0 WITH TOWN OF
PROSPER ADDENDUM NO. 1, CREATING THE TOWN OF PROSPER
MULTIFAMILY GREEN BUILDING PROGRAM FOR REGULATING SITE
PLANNING, MANAGEMENT AND WASTE REDUCTION, WATER
EFFICIENCY, INDOOR AIR QUALITY, ENERGY EFFICIENCY, AND
MATERIALS OF ALL MULTIFAMILY BUILDINGS AND STRUCTURES IN
THE TOWN OF PROSPER; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER,TEXAS:
WHEREAS,the Town Council of the Town of Prosper, Texas ("Town Council")has investigated
and determined that it would be advantageous and beneficial to the citizens of the Town of Prosper, Texas
("Prosper") to adopt the Green Built Texas Multifamily Protocol Version 1.0 with Town of Prosper
Addendum No. 1, creating the Town of Prosper Multifamily Green Building Program.
WHEREAS, the Town Council finds the regulations adopted herein will advance the Town's
interest in water and energy conservation,pollution reductions and affordable utilities for citizens.
SECTION 1: Pindin s IncoMorated/Applicabifill ofOrdinance. The findings set forth above
are incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2: Green Built Texas Multifamily Protocol Version 1.0. Green Built Texas
Multifamily Protocol Version 1.0 sets the minimum standards for site planning, management and waste
reduction, water efficiency, indoor air quality, energy efficiency, and materials for all Multifamily
buildings and structures. The Minimum Standards required for all Multifamily buildings and structures,
for which an application for a building permit is filed after the effective date of this ordinance, shall be
those standards included in Green Built Texas Multifamily Protocol Version 1.0 as set forth in Exhibit A,
which is attached hereto and incorporated as if fully set forth herein.
SECTION 3: Town of Prosper Addendum No. 1. In addition to complying with the minimum
standards set forth in Green Built Texas Multifamily Protocol version 1.0, all Multifamily buildings and
structures for which an application for a building permit is filed shall:
* Use roofing materials with a minimum 30-year warranty.
Town of Prosper Multifamily Green Building Program Page 1 of 3
• Install gutters with downspout extensions or concrete splashguards and positive drainage away
from building(s)or into storm sewer.
• The Site Planning and Selection subsection is not mandatory. All Multifamily sites consisting of
three or more dwelling units per acre shall comply with all other minimum standards in the Green
Built Texas Multifamily Protocol Version 1.0.
• Install an irrigation system with a weather forecast based (ET) irrigation controller. The option to
use no irrigation system under Water Efficiency Strategy 43 of Green Built Texas Multifamily
Protocol Version 1.0 is not permitted.
• Install ENERGY STAR programmable thermostats in all dwelling units.
• Minimum R-38 Attic Insulation.
SECTION 4: Penafty Provision. Any person, firm, corporation or business entity violating this
Ordinance, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
fined a sum not exceeding Five Hundred Dollars ($500.00). 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.
SECTION 5: Sqving§/Repealing Clause. 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 ordinance shall remain in full force and effect.
SEcriON 6: Sever•abilit3% 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: a11'ective Date, The caption of this Ordinance shall be published in accordance
with the Town Charter, and shall become effective immediately upon its passage and such publication.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, on this 12`"day of October, 2010.
Town of Prosper Multifamily Green Building Program Page 2 of 3
APPROVED AS TO FORM:
�Iz
Ray Smit Mayor
ATTESTED TO AND
C 101 R KRE C YR 'CO DEI
C
..................................................................
thew b. Denton,TRMC
own Secretary
DATE OF PUBLICATION.- , Dallas Morning News
Town of Prosper Multifamily Green Building Program Page 3 of 3