12-01 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 12-01
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
SECTION 104.9 (APPROVED MATERIAL AND EQUIPMENT) OF EXHIBIT
"A" OF ORDINANCE NOS. 09-037 AND 09-038; 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.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has
investigated and determined that continued regulation of the construction, erection,
enlargement, alteration and maintenance of all fences with the boundaries of the Town of
Prosper, Texas ("Prosper") in order to allow for privacy and security, maintain the neighborhood
appearance and enhance the general welfare of the community, and provide for practical
safeguarding of life, health and property from hazards that may arise from the improper
construction or maintenance of fences; and
WHEREAS, the Town Council has investigated and determined that it would be
advantageous and beneficial to the citizens of Prosper to amend Section 104.9 (Approved
Materials and Equipment) of Exhibit "A" to Ordinance Nos. 09-037 and 09-038 to provide for
additional privacy and security, maintain neighborhood appearance and enhance the general
welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
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: Amending Section 104.9 (Approved Materials and Equipment) of Exhibit
"A," of Ordinance Nos. 09-037 and 09-038. Section 104.9 (Approved Materials and Equipment)
of Exhibit "A," of Ordinance Nos. 09-037 and 09-038 is hereby amended as follows:
Section 104.9 Approved materials and equipment.
Section 104.9 Materials, equipment and devices approved by the Building Official shall
be constructed and installed in accordance with such approval.
I. Fences in all zoning districts shall meet the following requirements:
1. A fence permit must be obtained from the Building Inspection Division prior to
installation. It shall be unlawful for any person to install or cause to be installed, or
to permit any person to install a fence, or to make any alterations, additions or
changes to a fence, without first having procured a permit to do so from the
Building Official. Notwithstanding the foregoing, a permit shall not be required for
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AMENDMENT TO THE 2006 INTERNATIONAL RESIDENTIAL AND BUILDING CODE
601699.1
alterations, additions or changes if repairs do not exceed sixteen (16) linear feet of
the area of the fence over a twelve month period.
2. No fence shall be constructed within any drainage easement in the corporate
limits of the Town unless the Town Engineer shall have first determined and
advised the Building Official, in writing, that he believes such fence shall, in all
probability, not interfere with or impair the natural flow of water across the drainage
easement.
3. Fences around tennis courts may exceed eight (8) feet in height, but shall not
exceed fifteen (15) feet.
4. Fence arms shall not be constructed.
5. Chainlink fences in residential districts shall have the finished edge of the
material on the top of the fence. Chainlink fences shall be vinyl coated, unless
used in conjunction with athletic fields on property owned by an Independent
School District or Town of Prosper.
6. Gate required. Every fenced enclosure constructed under the provisions of this
article shall have at least one gate in its perimeter a minimum of three (3) feet in
width.
7. Wooden Fence Standards: All wooden fences must meet the following
standards:
a. All vertical posts shall be galvanize steel minimum of sixteen (16) gauge
thickness and spaced at a maximum of eight (8) feet on center, set in a
concrete footing. Picket fences, split rail fences, ranch style or agricultural
fences, or other types of open decorative fences approved by the Building
Official or his/her designee shall be permitted to use wooden posts.
b. All pickets shall be a minimum 1/2 inch thickness.
c. Wood material shall be an insect resistant wood such as cedar or
pressure treated yellow pine. Spruce is not a permitted wood material.
d. The fence shall have its back side (the side with exposed posts or rails)
oriented away from view from the adjacent street or right of way.
e. All materials shall be securely fastened, vertical boards to horizontal
stringers, stringers to vertical posts, top rail, to ensure an ongoing attractive
appearance and safe condition, free from rot, rust, vandalism, and other
sources of decay.
f. The bottom of the fence shall be designed to prevent ground to wood
contact. This can be achieved through the use of a concrete strip poured
between the fence supports or by raising the pickets to provide a minimum
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AMENDMENT TO THE 2006 INTERNATIONAL RESIDENTIAL AND BUILDING CODE
601699.1
of three inches (3") between the bottom of the pickets and the ground. A
two inch by six inch (2" x 6") kick board may be used to cover the gap
between bottom of pickets and ground. This kick board may have ground
contact.
8. Protective treatment: All wood material shall be stained, pressure treated,
painted, or adequately sealed to prevent decay. All exterior surfaces of fences
shall be maintained in good condition. Peeling, flaking and chipped paint shall be
eliminated and surfaces repainted. All metal surfaces subject to rust or corrosion
shall be coated to inhibit such rust and corrosion and all surfaces with rust or
corrosion shall be stabilized and coated to inhibit future rust and corrosion.
Oxidation stains shall be removed from exterior surfaces. Surfaces designed for
stabilization by oxidation are exempt from this requirement.
9. Fences may not contain and/or be:
a. Continuous electrical current, although single-strand wired designed to
conduct electricity through an approved low-voltage regulator shall be
allowed along the fence's interior base line;
b. Constructed to contain barbed wire;
c. Plywood;
d. Fiberglass or fiberglass panels;
e. Corrugated steel or sheet iron;
f. Razor wire; and/or
10. Fences on parcels being used for agricultural purposed may contain barbed wire
or other agricultural fences approved by the Building Official or his/her designee.
II. Fences located in the required front yard of a lot in a residential zoning district shall have
a minimum of fifty (50) percent through vision.
SECTION 3: Savings/Repealinq 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 portion of conflicting ordinances shall remain in full force and
effect.
SECTION 4: Penalty Provision. Any person, firm, corporation or business entity violating
this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
fined a sum not exceeding Two Thousand Dollars ($2,000.00) if the violation relates to the
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AMENDMENT TO THE 2006 INTERNATIONAL RESIDENTIAL AND BUILDING CODE
601699.1
public health, sanitation or dumping of refuse, otherwise the fine shall be a sum not exceeding
Five Hundred Dollars ($500.00). The Town retains all legal rights and remedies available to it
pursuant to local, state and federal law.
SECTION 5: Severability. If any section, subsection, sentence, clause or phrase of
this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
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.
SECTION 6: Effective Date. This Ordinance shall become effective immediately upon its
passage and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, on this 14th day of February, 2012.
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47i
Ray Smith, AYOR
ATTESTED AND CO- ECTLY
REC e•'DED:
Amy Piuka a, TOWN SECRETARY
Date(s)of Publication: = _ - , The Prosper Press
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AMENDMENT TO THE 2006 INTERNATIONAL RESIDENTIAL AND BUILDING CODE
601699.1