Harry Bizios v. Town of Lakewood Village, Texas

2nd Court of Appeals Docket Sheet Case Number: 02-14-00143-CV Date Filed: 05/07/2014 9:14AM Style: Appellant Harry Bizios v.Appellee Town of Lakewood Village, Texas Case Priority: Accelerated Original Proceeding: No Case Description: Injunction Trial Court Information County Court Name Case # Judge Court Reporter Denton 431st District Court 14-01991-431 Hon. Jonathan M. 431st District Court, Court Bailey Reporter, Parties and Attorneys Party Party Name Remarks Counsel Code Person Name Date On Date Off Appellant Bizios, Harry Retained attorney Arthur J. Anderson 05/08/2014 Retained attorney David F. Johnson 08/08/2014 Appellee Town of Lakewood Retained attorney William Andrew Messer 05/08/2014 Village, Texas Interested Entities Entity Name Interested Notice Date On Date Off Entity Type 431st District RPT No 05/08/2014 Court, Court 9:16AM Reporter, Anderson, Arthur RE ATTY Yes 05/08/2014 J. 9:17AM Bailey, Jonathan TC JDG No 05/08/2014 M. 9:16AM Denton County, DT CLK No 05/08/2014 Civil District 9:16AM Clerk, Evans, David L. ADMJUD No 05/08/2014 9:16AM Johnson, David RE ATTY No 08/08/2014 F. 8:58AM Messer, , William RE ATTY Yes 05/08/2014 Andrew 9:17AM Events and Opinions Event Date Stage Event Event Disposition Grouping Order Submis Description Type sion 06/24/2015 SUP CT BRIEF FLD NO 02/26/2015 SUP CT PET REVIEW FLD 02/06/2015 SUP CT MT EXT PET GRANT REV DISP 02/06/2015 SUP CT MT EXT PET REV FLD 12/31/2014 FILING OPINION ISSD REVREM Opinion Type Author Original Hon. Bob McCoy Memorandum Opinion Type Author Original Justice Bob Memorandum McCoy 12/30/2014 FILING LTR RECD ANT 9:53AM Report Prepared By: RStewart, on 9/9/2015 11:27:25 AM 1 of 4 2nd Court of Appeals Docket Sheet Case Number: 02-14-00143-CV Date Filed: 05/07/2014 9:14AM Style: Appellant Harry Bizios v.Appellee Town of Lakewood Village, Texas Events and Opinions Event Date Stage Event Event Disposition Grouping Order Submis Description Type sion 09/30/2014 FILING SUBMITTED Oral 09/26/2014 FILING AMICUS AMICUS 2:30PM BRIEF RECD 09/26/2014 FILING AMICUS AMICUS 11:49AM BRIEF RECD 09/19/2014 FILING SUBMISSION/ Oral OA 09/11/2014 FILING SUBMISSION/ Oral OA 08/28/2014 FILING REPLY BRIEF ANT 3:46PM FLD 08/26/2014 FILING SUBMISSION/ Oral OA 08/20/2014 FILING ORDER COURT ENTERED 08/18/2014 FILING RESP FLD RPT 4:55PM 08/14/2014 FILING MT SUPP APE GRANT 04 RECORD DISP 08/11/2014 FILING MT SUPP APE 04 11:18AM RECORD FLD 08/08/2014 FILING BRIEF FLD APE 8:56PM YES 08/08/2014 FILING AT ISSUE 08/01/2014 FILING MT EXT BRIEF APE GRANT 03 DISP 07/31/2014 FILING MT EXT BRIEF APE 03 1:48PM FLD 07/03/2014 FILING MT EXT BRIEF APE GRANT 02 4:02PM DISP 07/03/2014 FILING MT EXT BRIEF APE 02 4:02PM FLD 07/01/2014 FILING LTR RECD ANT 4:18PM 06/25/2014 FILING BRIEF FLD ANT 4:09PM YES 06/19/2014 FILING MT EXT BRIEF ANT GRANT 01 DISP 06/18/2014 FILING MT EXT BRIEF ANT 01 1:54PM FLD 06/06/2014 FILING LTR RECD ANT 3:38PM 06/02/2014 FILING ERPT RPT 2:41PM RECORD FLD 05/20/2014 FILING RPT RECORD RPT 3:15PM NOTICE 05/13/2014 FILING ECLK 10:07AM RECORD FLD 05/09/2014 FILING ADDTL COPY ANT 10:03AM RECD 05/07/2014 FILING NOA FLD/COA 8:39AM 05/07/2014 FILING DS FLD Report Prepared By: RStewart, on 9/9/2015 11:27:25 AM 2 of 4 2nd Court of Appeals Docket Sheet Case Number: 02-14-00143-CV Date Filed: 05/07/2014 9:14AM Style: Appellant Harry Bizios v.Appellee Town of Lakewood Village, Texas Document Summary Stage Location File Date Event File Description Index Volume Page FILING Event 12/31/2014 OPINION ISSD judgment Y 80 285 REVREM FILING Opinion 12/31/2014 OPINION ISSD opinion Y 80 285 REVREM FILING Event 12/30/2014 LTR RECD vacation ltr 9:53AM ANT FILING Event 09/26/2014 AMICUS BRIEF brief 11:49AM RECD AMICUS FILING Event 09/26/2014 AMICUS BRIEF brief 2:30PM RECD AMICUS FILING Event 08/28/2014 REPLY BRIEF brief 3:46PM FLD ANT FILING Event 08/18/2014 RESP FLD Response to Order 4:55PM RPT FILING Event 08/11/2014 MT SUPP Appellee's Motion to Supplement Record 11:18AM RECORD FLD APE FILING Event 08/08/2014 BRIEF FLD YES Appellee's Brief 8:56PM APE FILING Event 07/31/2014 MT EXT BRIEF motion 1:48PM FLD APE FILING Event 07/03/2014 MT EXT BRIEF motion 4:02PM FLD APE FILING Event 07/01/2014 LTR RECD ant Vacation Letter 4:18PM ANT FILING Event 06/25/2014 BRIEF FLD YES ANT Brief 4:09PM ANT FILING Event 06/18/2014 MT EXT BRIEF motion 1:54PM FLD ANT FILING Event 06/06/2014 LTR RECD 021400143CV.VacationLetterToCourt 3:38PM ANT FILING Event 06/02/2014 ERPT RECORD Vol. 1 2:41PM FLD RPT FILING Event 06/02/2014 ERPT RECORD Vol. 2 2:41PM FLD RPT FILING Event 06/02/2014 ERPT RECORD Vol. 3 2:41PM FLD RPT FILING Event 06/02/2014 ERPT RECORD Vol. 4 2:41PM FLD RPT FILING Event 05/20/2014 RPT RECORD Court Reporter Status 3:15PM NOTICE RPT FILING Event 05/13/2014 ECLK RECORD Clerk's Record 10:07AM FLD FILING Event 05/09/2014 ADDTL COPY Notice Of Appeal 10:03AM RECD ANT FILING Event 05/07/2014 NOA FLD/COA Notice of Appeal 8:39AM FILING Event 05/07/2014 NOA FLD/COA Order Granting Temporary Injunction 8:39AM Report Prepared By: RStewart, on 9/9/2015 11:27:25 AM 3 of 4 2nd Court of Appeals Docket Sheet Case Number: 02-14-00143-CV Date Filed: 05/07/2014 9:14AM Style: Appellant Harry Bizios v.Appellee Town of Lakewood Village, Texas Document Summary Stage Location File Date Event File Description Index Volume Page FILING Event 05/07/2014 DS FLD DocketingStatement.BiziosVs.LakewoodV lg Calendars Stage Set Date Calendar Name Reason Set SUP CT 02/06/2015 APPL CT REVIEW Fees Fee Date Fee Type Amount Payment Noticed Date Payment Type Party Type Received From Check Number Status 08/11/2014 MT FEE $10.00 E-PAID Credit Card APE Kaira Cabranes 07/31/2014 MT FEE $10.00 E-PAID Credit Card APE Kaira Cabranes 07/03/2014 MT FEE $10.00 E-PAID Credit Card APE Kaira Cabranes 06/18/2014 MT FEE $10.00 E-PAID Credit Card ANT Art Anderson 06/02/2014 RPT RECORD $2863.00 PAID RPT Art Anderson 05/13/2014 CLK RECORD $665.00 PAID CLK Art Anderson 05/09/2014 INDIGENT $25.00 E-PAID Credit Card ANT Art Anderson 05/09/2014 CHAPTER 51 $50.00 E-PAID Credit Card ANT Art Anderson 05/09/2014 FILING $100.00 E-PAID Credit Card ANT Art Anderson 05/09/2014 STATEWIDE $20.00 E-PAID Credit Card ANT Art Anderson EFILING Report Prepared By: RStewart, on 9/9/2015 11:27:25 AM 4 of 4  CLERK’S RECORD VOLUME 1 of 1 FILED IN Trial Court Cause No. 14-01991-431 2nd COURT OF APPEALS FORT WORTH, TEXAS In the 431st District Court 5/13/2014 10:07:07 AM of Denton County, Texas DEBRA SPISAK Clerk Honorable, Jonathan Bailey, Judge Presiding Town of Lakewood Village FILED IN VS 2nd COURT OF APPEALS FORT WORTH, TEXAS Harry Bizios 5/13/2014 10:07:07 AM DEBRA SPISAK Clerk Appealed to the Court of Appeals for the Second District of Texas, at Fort Worth, Texas Attorney for Appellant(s): Name: Arthur J. Anderson Address: 500 Winstead Building 2728 N. Harwood St. Dallas, TX 75201 Phone No.: 214-745-5745 Fax No.: 214-745-5390 E-Mail Address: Unknown SBOT No.: 01165957 Attorney for: Harry Bizios, Appellant(s) Delivered to the Court of Appeals for the 2nd Supreme COURT OF APPEALS Judicial District of Texas at Fort Worth, Texas Cause No. ____________________________ th on the 13 day of May, 2014 Filed in the Court of Appeals for the 2nd Supreme SHERRI ADELSTEIN, DISTRICT CLERK Judicial District of Texas, at Fort Worth, Texas, this DENTON COUNTY, DENTON, TEXAS _______day of ____________________, 2014 /s/ JoAnna Price , JoAnna Price _________________________________________ Deputy Clerk By: ________________________________, Deputy 1  INDEX 14-01991-431 Front Cover Page 1 Index 2 Caption 3 Plaintiff's Original Petition, Verified Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure (filed 03/20/14) 4 Temporary Restraining Order and Order Setting Hearing for Temporary Injunction (filed 03/20/14) 85 Citation issued to Harry Bizios (filed 03/20/14) 87 Temporary Restraining Order issued to Harry Bizios (filed 03/20/14) 88 Bizios' Motion to Dissolve Temporary Restraining Order (filed 03/24/14) 89 Letter Regarding Hearing from Adam L. Plumbley (filed 03/25/14) 94 Defendant's Trial Brief (filed 04/02/14) 95 Stipulated Facts and Admissiability of Exhibits (filed 04/04/14) 109 Agreed Order Extending and Modifying Temporary Restraining Order and Order Setting Hearing for Temporary Injunction (filed 04/08/14) 500 Town of Lakewood Village's Brief Supporting Injunctive Relief (filed 04/14/14) 503 Order Granting Temporary Injunction (filed 04/17/14) 651 Notice of Appeal (filed 05/06/14) 656 Defendant's Request for Reporter's Record (filed 05/06/14) 658 Request for Preparation of Clerk's Record (filed 05/06/14) 660 Docket Sheet 662 Bill of Costs 663 Clerk’s Certificate 664 Back Cover Page 665 2  CAPTION THE STATE OF TEXAS * COUNTY OF DENTON * In the 431st Judicial District Court of Denton County, Texas the Honorable Jonathan Bailey, judge presiding in Cause Number 14-01991-431, the following proceedings were held and the following instruments and other papers were filed in this cause, to-wit: Trial Court Cause No. 14-01991-431 TOWN OF LAKEWOOD VILLAGE * IN THE DISTRICT COURT OF VS * DENTON COUNTY, TEXAS HARRY BIZIOS * 431ST JUDICIAL DISTRICT 3  FILED: 3/20/2014 9:42:11 AM SHERRI ADELSTEIN Denton County District Clerk By: Joanna Price, Deputy Cause No. 14-01991-431 ---- TOWN OF LAKEWOOD VILLAGE, § IN THE DISTRICT COURT Plaintiff, § § § v. § § DENTON COUNTY, TEXAS HARRY BIZIOS, § Defendant. § JUDICIAL DISTRICT PLAINTIFF'S ORIGINAL PETITION, VERIFIED REQUEST FOR TEMPORARY RESTRAINING ORDER, REQUEST FOR TEMPORARY AND PERMANENT INJUNCTION, AND REQUEST FOR DISCLOSURE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, The Town of Lakewood Village, Plaintiff, and files this Original Petition, Verified Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure, and would respectfully show unto the Court the following: I. DISCOVERY CONTROL PLAN AND REQUEST FOR DISCLOSURE 1. Discovery is intended to be conducted under Level 2 of Rule 190 of the Texas Rules of Civil Procedure. 2. Defendant is requested to disclose, within fifty (50) days of service of this request, the information or material described in Rule 194.2 of the Texas Rules of Civil Procedure. II. STATEMENT REGARDING DAMAGES 3. Pursuant to Rule 47 of the Texas Rules of Civil Procedure, the Town of Lakewood Village seeks monetary relief of $100,000 or less and non-monetary relief. Plaintiffs Original Petition, Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure Page 1 Town of Lakewood Village v. Harry Bizios 4  III. PARTIES 4. The Town of Lakewood Village ("Town" or "Lakewood Village") is a municipality situated in Denton County, Texas, incorporated in and operating under the laws of the State of Texas. 5. Harry Bizios is an individual owning real property in Denton County, Texas. Service of process may be made upon Defendant Bizios at 6107 Sweeney Trail, Frisco, Texas 74034. IV. VENUE AND JURISDICTION 6. The Town brings this cause of action to obtain a temporary restraining order and temporary and permanent injunctive relief and recover civil penalties against Defendant pursuant to Subchapter B of Chapter 54 and Section 212.003 of the Texas Local Government Code. 7. Venue is proper and this Court has jurisdiction pursuant to Section 54.013 and Section 212.003 of the Texas Local Government Code. V. FACTS 8. Defendant Bizios owns the property described as LOT 84, BLOCK 1 OF SUNRISE BAY AT LAKE LEWISVILLE, AN ADDITION TO THE CITY OF LITTLE ELM, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET L, PAGE 224, PLAT RECORDS, DENTON COUNTY, TEXAS, also sometimes known as 3950 or 3960 Spinnaker Run Point, Denton County, Texas (the "Property"). 9. The Property is located in the Extraterritorial Jurisdiction ("ETJ") of Lakewood Village. A copy of the Lakewood Village map is attached as Exhibit A, and a depiction that the Plaintiffs Original Petition, Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure Page 2 Town of Lakewood Village v. Harry Bizios 5 Property is located in the Lakewood Village ETJ is attached as Exhibit B. Pursuant to Chapter 212 of the Texas Local Government Code, Lakewood Village has extended its subdivision regulations to its ETJ. See Lakewood Village Ordinance No. 13-07, attached as Exhibit C, which extends the subdivision regulations to the ETJ . 10. Lakewood Village Ordinance No. 11-16, which adopts the 2006 International Residential Code, requires that before beginning new construction of a residential structure, mechanical, electrical, plumbing, and building permits (collectively "Permits") must be obtained. Excerpts of Ordinance No. 11-16 are attached as Exhibit D. This Ordinance, adopting the International Residential Code, relates to: [E]stablish[ing] minimum requirements to safeguard the public safety, health, and general welfare through affordability, structural strength, means of egress facilities, stability, sanitation, light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. See IRC 101.3. 11. Upon information and belief, Defendant Bizios hired a construction company, Allan Hoffmann, LLC ("Contractor"). The Defendant's Contractor is currently engaged in constructing a residential structure on the Property. 12. Defendant has failed and/or refused to request and obtain Permits for construction of the residential structure on the Property, in violation of the Lakewood Village Ordinances. 13. The purpose of obtaining Permits and complying with the building criteria contained in the Lakewood Village Ordinances in part is to provide minimum standards to protect the health, safety and welfare of persons and/or property by regulating and controlling the design, construction, quality of materials, and maintenance of structures. Plaintiff's Original Petition, Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure Page 3 Town of Lakewood Village v. Harry Bizios 6  14. The Contractor, on behalf of Defendant, submitted site plans to the Town for the construction work on or about January 27, 2014. The site plans were reviewed by the Town and comments and changes were made to the site plans. The comments and changes were to be discussed with the Contractor at a required pre-construction meeting. The Contractor cancelled the pre-construction meeting on February 19, 2014, and never rescheduled. The Contractor is currently building the residential structure on plans without the Town's comments and changes. Part of the residential structure is being constructed within the 100 year flood plain. The finished floor surface of the structure must be built at or above the 540 msl. The current plans do not contain the level on which the residential structure is being built, and on information and belief, it appears the foundation will be below the required standard. To date, Defendant has not applied for or obtained the required Permits, in violation of the Town's Ordinances. 15. On Monday, March 10, 2014, Lakewood Village learned that construction work for the residential structure was being conducted on the Property. On that day, the Town Secretary drove to the site and observed construction work had been performed on the Property. A picture of the work is depicted in Exhibit E. On Thursday, March 13, 2014, construction work continued at the Property, in violation of the Town's Ordinances. Pictures of the construction on that date are attached in Exhibit F. The Building Official for Lakewood Village therefore placed a stop work order ("First Stop Work Order") on the Property for performing work without the required Permits. A copy of the First Stop Work Order (unsigned) is attached as Exhibit G, and pictures of posting of the First Stop Work Order are attached as Exhibit H. Workers for the Contractor were told about the First Stop Work Order. 16. On Friday, March 14, 2014, the posted First Stop Work Order had been removed. See Exhibit I. Construction work continued on the Property that date, in violation of the Town's Plaintiffs Original Petition, Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure Page 4 Town of Lakewood Village v. Harry Bizios 7 Ordinances, so a stop work order ("Second Stop Work Order") was posted on the Property. A copy of the Second Stop Work Order (unsigned) is attached as Exhibit J, and a picture of the posted Second Stop Work Order is attached as Exhibit K. The Second Stop Work Order was discussed with the Owner and the Contractor. Nevertheless, construction continued on the Property, in violation of the Town's Ordinances. See Exhibit L. On Tuesday, March 18, the Second Stop Work Order had been removed from the Property, see Exhibit M, workers were observed leaving the site with construction equipment on that date, see Exhibit N, and construction continued on the Property on Wednesday, March 19, 2014, all in violation of the Town's Ordinances. 17. Upon information and belief, Defendant has begun pier construction work for the foundation of the Property. To date, Defendant has failed to submit an engineer's certification that the pier construction being performed on the Property was done in accordance with an engineer's plan as required by the Town's Ordinances. 18. To date, and despite ongoing construction of the residential structure on the Property, Defendant has not applied for nor obtained the Permits for the Property. 19. To date, Defendant has failed to permit the Building Official to inspect the construction work being done on the Property in violation of Ordinance 11-16, which incorporates R109.1 - R109.3 of the International Residential Code. 20. To date, Defendant has failed to abide by the stop work orders posted on the Property, and discussed with the Owner and Contractor. Failing to abide by a stop work order is proscribed by Ordinance 11-16, which incorporates Chapter R 114.2 of the International Residential Code. Plaintiff's Original Petition, Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure Page 5 Town of Lakewood Village v. Harry Bizios 8  VI. CAUSE OF ACTION 21. Subchapter B of Chapter 54 and Section 212.003 of the Texas Local Government Code apply to the Lakewood Village Ordinances. 22. Pursuant to Sections 54.016 and/or Section 212.003(c) of the Texas Local Government Code, Plaintiff requests that the Court issue a temporary restraining order, ordering Defendant to immediately cease any construction on the Property (1) without obtaining necessary permits; (2) without obtaining necessary engineering inspection certificates; (3) without permitting inspections by the Building Official or designee; and (4) in violation of stop work orders from the Building Inspector. 23. Pursuant to Sections 54.012, 54.016, and Section 212.003 of the Texas Local Government Code, Plaintiff requests upon notice and hearing, the issuance of a temporary injunction and a permanent injunction, ordering Defendant to comply with Lakewood Village Ordinances. 24. Section 212.003 of the Local Government Code provides: "The municipality is entitled to appropriate injunctive relief in district court to enjoin a violation of municipal ordinances or codes applicable in the extraterritorial jurisdiction." TEX. Loe. Gov'T CODE ANN. § 212.003(c) (emphasis added). In seeking injunctive relief, it is not necessary for the municipality to prove that another adequate remedy or penalty for a violation does not exist or to show that prosecution in a criminal action has occurred or has been attempted. TEX. Loe. Gov'T CODE§ 54.016(b). 25. Pursuant to Section 54.017 of the Texas Local Government Code, Plaintiff requests civil penalties not to exceed one thousand dollars ($1,000) per day for each violation of Lakewood Village Ordinances. Plaintiff's Original Petition, Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure Page 6 Town of Lakewood Village v. Harry Bizios 9  26. As a matter of law, Lakewood Village, as a municipality, is not required to post a bond to obtain injunctive relief requiring the Defendant to comply with the Lakewood Village Ordinances. VII. PRAYER WHEREFORE, Plaintiff the Town of Lakewood Village prays for the following relief: 1) Plaintiff be granted a temporary restraining order, ordering Defendant, his agents, contractors, and employees and the Defendant's representative(s) with control over the Property to allow inspections by the Town's Building Official or designee on the Property, and immediately cease and desist any construction on the Property until such time as they have (1) applied for and obtained approval from the Town of Lakewood Village of necessary permits and inspections; (2) submitted engineering inspection certificates to the Town of Lakewood Village; and (3) complied with the Town's Ordinances. 2) Plaintiff be granted temporary and permanent injunctive relief as provided herein; 3) Plaintiff be awarded judgment against Defendant for a civil penalty not to exceed one thousand dollars ($1,000) per day for each violation of the Code of Ordinances, Town of Lakewood Village, Texas on the Property; 4) Plaintiff be granted judgment against Defendant for all costs of court; 5) Plaintiff be granted judgment against Defendant for post-judgment interest at the highest legal rate; and 6) Plaintiff be granted such other and further relief, both general or special, at law or in equity, to which it may show itself to be justly entitled. Respectfully submitted, WM. ANDREW MESSER STATE BAR No. 13472230 andy@txmunicipallaw.com BRENDA McDONALD STATE BARNo. 14993300 brenda@txmunicipallaw.com BRETT GARDNER STATE BAR No. 24078539 Plaintiff's Original Petition, Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure Page 7 Town of Lakewood Village v. Harry Bizios 10  brett@txmunicipallaw.com MESSER ROCKEFELLER & FORT, PLLC 6351 PRESTON ROAD, SUITE 350 FRISCO, TEXAS 75034 972.668.6400 - TELEPHONE 972.668.6414 - FACSIMILE ATTORNEYS FOR PLAINTIFF TOWN OF LAKEWOOD VILLAGE Plaintiffs Original Petition, Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure Page 8 Town of Lakewood Village v. Harry Bizios 11  VERIFICATION STATE OF TEXAS COUNTY OF DENTON I, Steve Freeman, the Building Official for the Town of Lakewood Village, after being duly sworn, hereby certify that I am qualified and authorized to make this affidavit, and that I have read each and every factual allegation in paragraphs 8-20 of the foregoing pleading and that said factual allegations are within my personal knowledge and are true and correct. I ) ') A11~' fgr/£/fL/' 'UM_ _./ Steve Freeman: Building Official Subscribed and sworn to before me this ~day of March 2014. W1Yil \N °1\l1 ?1J\S6 Notary Public IWRA WILLIAMS My Cemmlllion Expires February 25. 2018 Plaintiffs Original Petition, Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure Page 9 Town of Lakewood Village v. Harry Bizios 12  VERIFICATION STATE OF TEXAS COUNTY OF DENTON I, Linda Asbell, Town Secretary for the Town of Lakewood Village, after being duly sworn, hereby certify that I am qualified and authorized to make this affidavit, and that I have read each and every factual allegation in paragraphs 8-20 of the foregoing pleading and that said factual allegations are within my personal knowledge and are true and correct. ~cl[/y~k:uiz Lmda Asbell, Town Secretary l Subscribed and sworn to before me this qfuday of March 2014. 4tLW~ ~'J1\llCAA~ Notary Public KAIRA WILLIAMS My Comnilllon Expires February 25. 2018 Plaintiffs Original Petition, Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure Page 10 Town of Lakewood Village v. Harry Bizios 13  LOCAL RULE 2.1 CERTIFICATE I certify that to the best of my knowledge the party against whom relief is sought ex parte is not represented by counsel in the matter made the basis of the relief sought. Certified to this 20th day of March, 2014. Wm. Andrew Messer Plaintiff's Original Petition, Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure Page 11 Town of Lakewood Village v. Harry Bizios 14 Exhibit A 15 Resolution 12-01 Exhibit A TOWN OF LAI(EWOOD VILLAGE OFFICIAL MAP O\CK~;OM l.N I ~~UNfW;r ClAY Pl Oak Point llttleElm City Umlts:o<.11.1it N Oak Point City limits ETJ le D Ill ?!'.· .. J Lil Ct'. n x (I) ttle Elm . ETJ ~ ·_, ,'' ·, ' .,,,,,,., Resolution 12-01 Official Map Page 2 of2 16 Exhibit B 17  Resolution 12-0 I Exhibit A TOWN OF LAKEWOOD VILLAGE OFFICIAL MAP Oak Point LlttleElm City Umlts. _'·' , u Oak Point City limits ( ETJ ·, Lakewod Village Town Limits Resolution 12-01 Oflicinl Mup Page 2 of2 18 19 Exhibit C 20 STATE OF TEXAS CERTIFICATE TO COPY OF PUBLIC RECORD COU~TY OF DENTON I hereby certify. in the performance of the functions of my onice. that the attached instrument is a fulL true and correct copy or the Town of Lake\vood Village Ordinance 13-07. The same appear of record in my office and said documents arc the official records from the public onice or the Town Secretary or the Town of Lakewood Village. Denton County. Texas. and arc kept in said office. I fu11hcr certiJ~· that I am the Tmvn Secretary of the Town or Lakewood Village. that have legal custody of said records. and that I am a lawful pnssessor and keeper of' the ri.::cords in said office. In witness whereof I have hereunto set my hand and affixed the onicial seal of The To1,,vn of Lakewood Village this 19th day of March, 2014. <~fl.a ~bgJ2Q l'.i~ib'~\sbdl. TRJ'v!C Town Secretary Town of Lakewood Village Denton County State of Texas 21  TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 13-07 AN ORDINANCE OP THE TOWN OF LAKEWOOD VILLAGE, TEXAS, REGULATING SUBDIVISIONS AND OTHER PROPERTY DEVELOPMENTS, PROVIDING FOR PRELIMINARY PLATS, FINAL PLATS, MINOR PLATS, VACATION OF PLATS, REPLATS AND AMENDMENT OF PLATS; PROVIDING FOR DEVELOPMENT PROCESS; PROVIDING FOR ST AND ARDS AND REQUIREMENTS; PROVIDING FOR STREETS AND DRAINAGE, WATER AND SEWER INFRASTRUCTURE; EXTENDING REGULATIONS TO THE TOWN'S EXTRATERRITORIAL JURISDICTION; PROVIDING SEVERABILITY CLAUSE; PROVIDING SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council ('"Town Council'') desires to amend Ordinance 08-06 and all other ordinances regarding the Town's rules and regulations for subdivisions and property development as authorized by Chapter 212, Texas Local Government Code, as amended; and WHEREAS, the Town Council ('"TO\vn Council") desires to review for approval or disapproval plan, plats, and replats filed with the Town as authorized by Chapter 212, Tex. Loe. Gov. Code (Vernon), as amended; and WHEREAS, the Town Council finds that there is a public necessity requiring adoption of this Ordinance, said public necessity being the need to establish rules and regulations for subdivisions and property development and extend such rules and regulations to the extraterritorial jurisdiction of the Town (''ETJ") to protect the public health, welfare and safety of the citizens of the Town and the ETJ; and WHEREAS, the Town Council is authorized and empowered to or require the developer to (i) design, install or improve streets, roads. water and a sanitary sewer systems within the Town by constructing, extending, or enlarging sucb system, and is further authorized to adopt any rules and regulations appropriate to the exercise of such powers, and to (ii) protect the public health, welfare and safety of the citizens of the Town: and WHEREAS, the Town Council has conducted a public hearing on the application of the Town's regulations for subdivisions and property development to its ET.l, and the Town Council finds and determines that all required notices and hearings in this regard have been given and that the meeting at which the public hearing has been held and at which this ordinance is being adopted were open to the public and conducted according to applicable law~ and Ordinance 13-07 Subdivision Regulations Page 1 of24 22  WHEREAS, the Town Council is authorized and empm,vered to apply the Town's regulations for subdivisions and property development to its ETJ pursuant to Section 212.003 of the Texas Local Government Code; and WHEREAS, the Town Council hereby finds that the adoption of this Ordinance is in the best interests of the health, safety and \Velfare of the citizens of the Town. NO\\', THEREFORE, BE 1T ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS : ARTICLE I. IN GENERAL Sec. 1. Findings Incorporated. The findings set forth above are incorporated into the body of this ordinance as if fully set forth herein. Sec. 2. Short title. The following regulations are hereby adopted and shall be known and may be cited as ''Town of Lakewood Village Subdivision and Property Development Regulations." Sec. 3. Definitions. The following words, terms, anc.l phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning. Words not specifically delined shall have the meanings given in Webster's Ninth New Collegiate Dictionary. as revised. Accessory structure or /mi/ding shall mean a subordinate structure or building customarily incident to and located on the same lot occupied by the main structure or building. Applicant shall mean the owner(s) of the property to be developed. Bond shall mean any form of security, including a cash deposit, surety bond, or instrument of credit in an amount and form approved by the TO\vn. Building shall mean any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattel or property of any kind. To11•11 means Town of Lakewood Village. Town Council means Town Coum:il ol' the Town of Lakewood Village. Town standards shall mean those standards and spcci fications. together \Vi th all tables. Ordinance 13-07 Subdivision Regulations Page 2 of 24 23 charts, graphs, drawings and other attachments hereinafter approved and adopted by the Town Council, which may be amended from time to time, and are administered by the Town staff for the construction and installation of streets, sidewalks, drainage facilities, water and sanitary sewer mains and any other public facilities. All such facilities which are to become the property of the Town upon completion must he constructed in conformance with these standards. Construction plans shall mean the maps. drawings and technical specifications. including bid documents and contract conditions, where applicable, which provide a graphic and written description of the character and scope or the work to be performed prepared for approval by the Town for construction. Cross drainage shall mean a defined waterway course, approximately perpendicular to the proposed roadway, which requires the construction or a bridge, pipes or box culvert, or other structure to conduct drainage under the roadway. Developer shall mean any person, corporation, governmental or other legal entity engaged in the development of property by improving a tract or parcel of land for any use. The term "developer'' is intended to include the term ··subdivider." Development shall mean the construction of one (I) or more new buildings or structures, or the structural alteration, relocation or enlargement or one (1) or more new buildings or structures of an existing building or structure on one (I) or more building lots or sites. or the installation of site improvements. Easement shall mean a grant by a property O\vner to the public. a corporation, or persons for a general or specific use of a defined strip or parcel or land, for such purpose as the installation, construction, maintenance and/or repair of utility lines, drainage ditches or channels, or other public services, the ownership or title to the land encompassed by the casement being retained by the O\vner of the property. Engineer shall mean any person duly authorized under the Texas Engineering Practice Act (V .A.C.S. art. 3271 a). ns amended, to practice the profession or engineering. Engineering plans shall mean the maps and drawings required for plat approval. Lot shall mean an uncli vided tract or parcel of land having access to a street, which is designated as a separate and distinct tract or lot number or symbol on a duly approved plat filed of record. The terms ''lot" and "tract" shall be used interchangeably. O.fl-site shall mean any premises not located \vithin the property to be developed, regardless of ownership. OH·'ner shall mean any persons, firm or corporation having leg.al title to the property. Plat shall mean a map representing a tract of ·land showing the boundaries of individual prope1iies and streets or a map. drawing. chart. or plan showing the layout of a proposed Ordinance 13-07 Subdivision Regulations Page 3 of24 24 subdivision into lots, blocks, streets, parks, school sites. commercial or industrial sites, drainage ways, easements, alleys, which an applicant submits for approval and a copy of which he intends to record with the County Clerk of Denton County. Plat, final, shall mean the map or plan or a proposed development submitted for approval by the Town Council. where required, prepared in accordance \Vith the provisions of this chapter and requested to be filed with the Countv. Clerk of Denton Countv. . Plat, prelimina1:v, shall mean the initial map or plan or a proposed development showing the general layout of streets. blocks and lots, utility systems. and drainage systems. Righl-<~Fway shall mean a strip of land acquired by dedication, prescription or condemnation and intended to be occupied by a road, sidewalk, railroad, electric transmission facility, water mains, sewer mains, storm drainage or other similar facility. Rights-of-way intended for streets, sidewalks. water mains, sewer mains, or any other use involving maintenance by a public agency shall be dedicated to the public use by the plat applicant either by easement or in fee simple title. Streets and alleys shall mean a way for vehicular traffic, whether designated as a street highvvay, thoroughfare, parkway, througlnvay. road, avenue, boulevard, lane, alley, place or however otherwise designated. Town streets shall conform to the following classifications: (1) Arterial streets and highways are those which arc used primarily for higher speed and higher volume traffic. Routes for such streets shall provide for cross-to\vn circulation and through-town movements. (2) Collector streets arc those which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance, circulation streets of a residential development and streets for circulations within such a development of a residential subdivision. (3) Minor streets arc those. which are used primarily for access to abutting properties. (4) Marginal access streets are minor streets located parallel to and adjacent to arterial streets and high\lv'ays, providing access to abutting properties and protection from the traffic of the thoroughfares. (5) Alleys are minor \:Vays used primarily for access to abutting properties for vehicle service usually to the back or side of a property. Structural alterations shall mean the installation or assembly of any new structural components, or any change to existing structural components, in a system, building or structure. Structure shall mean anything constructed or erected, which requires location on the ground. or attached to something having a location on the ground, including, but not limited to, buildings of all types and ground signs, but exclusive of customary fences or boundary or retaining walls. Subdivision shall mean dividing a tract in two (2) or more pm1s for the purpose of creating Ordinance 13-07 Subdivision Regulations Page 4 of24 25 lots, including an addition to the Town, 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 the 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. "Subdivision" refers to any division irrespective of whether the actual division is made by metes and bounds description in a deed of conveyance or a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. A subdivision does not include a division of land into parts greater than five (5) acres, where each part has access and no public improvement is being dedicated. Sec. 4. Purpose. The purpose of this ordinance is to set forth the procedures and standards for development of property, layout and design of subdivisions or real property within the corporate limits of the TO\vn which are intended to promote the health. safety and general welfare of the Town and the safe, orderly, and healthful development of the Town. Sec. 5. Compliance required. (a) Any owner of land who proposes the development of a lot or tract of land located within the corporate limits of the Town or ET.I or the subdivision of a lot or tract located in the corporate limits of the To\vn or ET.I shall have a plat of the lot or tract of land or subdivision prepared and approved in accordance with all Ordinances of the Town and recorded with the County Clerk of Denton County. (b) Notwithstanding paragraph (a) above, a plat shall not be required where the development of the lot or tract of land is for the sole purpose of perfom1ing alteration(s) or improvements to an existing single-family residence or the auxiliary uses thereto. All such alterations or improvements must be permitted in compliance with all applicable codes and ordinances of the Town (c) No Final Plat shall be approved within the Town of Lakewood Village or its extraterritorial jurisdiction until the applicant has made adequate provision for thoroughfares as shown on the Thoroughfare Plan (map) as approved by the Town. The Thoroughfare Plan is a guide for the roadway connections and types that will be needed in the future. Subject to Town Council. or designee approval. as long as the connection is made, whether or not it is close to the exact alignment shown on the Thoroughfare Plan, no Thoroughfare Plan amendment should be necessary. The design and construction of the proposed thoroughfare shall be in conformance with the Town's master plans for thoroughfares and with any adopted Developmell/ Standardsfbr Construction (DSC). and shall be subject to approval by the Tov·:n Council. or designee. If a different roadway type is found to be adequate or if the connection is not proposed to be made. then the plat may not be approved unless the thoroughfare plan is amended. A Traffic Impact Analysis may be required prior to approval of the proposed amendment. Sec. 6. Extension of Subdivision Rules and Regulations, Building Standards and Construction Permits and Fees, and Uniform Codes to the Extraterritorial .Jurisdiction. Ordinance 13-07 Subdivision Regulations Page 5 of24 26  This ordinance is hereby adopted under the authority of the Constitution and laws of the State of Texas. including Texas Local Government Code Chapter 212, and is being adopted after conducting a public hearing on the matter. The Town Council hereby amends Ordinance 08-06, the Town of Lakewood Village Subdivision and Property Regulations by extending the application of the Town of Lakewood Village Subdivision and Property Regulations to the cxtratcITitorial jurisdiction of the Town, as that area may exist from time to time. This ordinance shall be applicable to the filing of plats, the subdivision of land, and development of property within the corporate limits of the Town and its extraterritorial jurisdiction as they may exist from time to time adjusted. All ordinances of the Town, including Ordinance 10-0L which by such ordinance(s) the Town Council has adopted and made applicable to the TO\·Vn the uniform codes, including but not limited to those concerning and applicable to building, plumbing, mechanical. energy, fuel and gas, property maintenance, electrical, fire and all appendices thereto, and all ordinance(s) concerning and related to permits and permit foes for building and construction, shall be and are hereby amended to apply and extend all such ordinances and their provisions to the "ET.I" of the Town to the full extent as permitted by law. The Town shall have all remedies and rights provided by Texas Local Government Code, Chapter 212, with regard to the control and approval of subdivisions and plats and property development both within the TO\vn and within its ETJ to the full extent as permitted by law. ARTICLE: II. PLATS DIVISION 1. GENERALLY Sec. 7. Fees. The applicant for approval of a preliminary plat, final plat, replat amended plat, minor plat or modified final plat shall, upon submission of the plat application and all required documentation, pay a nonreturnable fee, as established by the Town Council, for the review and processing of the plat application. Upon approval of the final plat, replat, amended plat or final minor plat. the applicant shall pay an additional recording fee established by the county for recording the plat \.Vith the county clerk. Preliminary, Replat and final Plat Review Fees. A preliminary plat, replat, and final plat review fee shall be paid to the Tovm upon the filing of the preliminary and final plat in accordance with the follmving schedule: $700 per plat plus $20.00 per lot. Sec. 8. Process for approval. (a) The plat shall be scheduled for consideration at the next regular meeting of the Town Ordinance 13-07 Subdivision Regulations Page 6 of24 27 Council. (b) If the plat is disapproved by the Town Council, the applicant may correct the items of concern and resubmit the plat for approval one (1) time within six (6) months by paying one-half (1/2) of the original fee. If the plat is disapproved a second time or if a second request is not received within six (6) months of the first disapproval, the applicant will be required to repeat the plat application process from the beginning and pay all standard application fees. (c) An applicant may withdraw his plat application from consideration at any time during the application process by filing a \Witten notice of withdrawal with the Town. Upon filing the notice to withdraw, the Town shall discontinue processing the plat application. The applicant must file a wTitten request to proceed with further consideration of the plat within six (6) months of withdrawal and the Town shall continue the application process. If the request to proceed with tUrther consideration of the plat is filed more than six (6) months after filing the notice of withdrawal, the applicant shall be required to repeat the plat application process from the beginning and pay the standard application fees. Sec. 9. Requirements for approval of application by Town Council. (a) Within thirty (30) days of the date that the application is deemed administratively complete, the Town Council shall approve a plat if it complies with the requirements of this chapter, the applicant is not in arrears in the payment of any debts owed the Town required by this chapter on a previous plat, it contemns to the general plan of the Town and its current and future streets, alleys, parks, playgrounds, and public utility facilities plans, and it conforms to the Town's general plan for the extension of roads, streets, and public highways, taking into account access to and extension of sewer and water mains and instrumentalities of public utilities. (b) A plat is considered approved by the Town Council unless it is disapproved within such thirty-day period. Sec. 10. Recordation. (a) Preliminary plats are not recorded with the county clerk. (b) Applicant shall record all plats with the county clerk upon the Town Council's approval of the plat and the applicant's submission of the required recording fee to the County. (c) Applicant shall record all other plats with the county clerk upon the Town Council's approval of the plat and the applicant's submission of the required recording fee to the County. (d) A final plat shall become null and void six (6) months after its approval by the Town Council, unless the final plat is filed and recorded in Denton County Clerk Real Property Records. Ordinance 13-07 Subdivision Regulations Page 7 of24 28  (e) A general development plan shall become null and void six (6) months after its approval by the City Council, unless the general development plan is filed and recorded in Denton County Clerk Real Property Records. Sec. 11. Approval of preliminary plats. Approval of a preliminary plat shall be deemed to be an expression of approval to the layout submitted as a guide to the preparation of the final plat and shall not constitute approval of a final plat. DIVISION 2. PRELil'vlINARY PLATS Sec. 12. Form, contents and required documentation. (a) Preliminary plats shall be filed with the town secretary. The town secretary shall stamp the following notice on the face of each preliminmy plat: "Preliminary plat for inspection purposes only and in no way official or approved for record purposes and not approved for construction. (b) When filing a preliminary plat application, it shall be accompanied by the following minimum documentation: (1) Completed preliminary plat application; (2) Eight (8) copies of the plat: (3) Eight (8) copies of engineering plans; (4) Deed showing current ownership of the platted property: (5) Tax certificates showing property owner is not in arrears in payment of taxes; and (6) Nonrefundable application fee, as established by the Town Council. (c) Preliminary plats must meet the following criteria and contain the following information: (1) Scaled drawing no smaller than l" = 200' on a sheet size no greater than twenty-four (24) inches by thirty-six (36) inches (multiple sheets may be submitted; however, each sheet must be registered and match lines to allow assembly of the multiple sheets); (2) Boundary of the subject tract: (3) All existing and/or proposed streets and alleys with street names, widths and relation to surrounding existing street patterns; Ordinance 13-07 Subdivision Regulations Page 8 of24 29  ( 4) Approximate width and depth of all proposed lots; (5) Layout, in dotted lines, of all adjacent lots to the property being platted shO\ving lot size, lot and block numbers, name of existing subdivision or prope11y owner if undeveloped property; (6) FEMA designated 100-year floodplain boundary; (7) Date, scale, north point, and small scale location map: (8) Name and address of all property owners of the property being platted; (9) Name and address of engineer and surveyor; and ( 10) Signed statement of the engineer and/or surveyor who prepared the preliminary plat indicating the records or survey from \vhich the property description of the boundary of the proposed plat was developed. (d) The engineering plans shall be in compliance with the current adopted construction standards of the Town and shall consist of the following: (1) Layout of all needed off-site utilities; (2) Water system layout. including size of line and fire hydrant location; (3) Sewer system layout, including size of line, location of manholes and cleanouts; (4) Drainage plan prepared in accordance with standard 100 year flood frequencies rainfalls which shows the overall analysis of the change of existing condition to fully developed condition and identify approximate location where water will exit the subdivision. Drainage plan shall show all contours for proposed development; and (5) As-built drawings of existing structures, if applicable. DIVISION 3. FINAL PLATS Sec. 13. Form, contents and required documentation. (a) Final plats are mandatory. (b) In cases where a preliminary plat was previously approved, the final plat shall confom1 to the approved preliminary plat. (c) Final plats shall be filed with the City Secretary and shall be accompanied by the following minimum documentation: Ordinance 13-07 Subdivision Regulations Page 9 of24 30  (I) Completed final plat application; (2) Eight (8) copies of the plat: (3) Eight (8) copies of engineering plans: (4) Deed showing cmTent O\Vnership of the platted property; (5) Tax certificates showing property owner is not in arrears in payment of taxes; (6) A statement on the plat application showing that all fees owed the Town on any prior projects has been paid in full at the time the application was filed: and (7) Nonrefundable application fee, as established by the TO\vn Council. (d) Final plats must meet the following criteria and contain the following information: ( 1) Scaled drawing no smaller than 1" = l 00' on a sheet size no greater than twenty-four (24) inches by thirty-six (36) inches (multiple sheets may be submitted; however, each sheet must be registered and match lines to allow assembly of the multiple sheets and an index sheet shall be dra\vn on a sheet twenty-four (24) inches by thirty- six (36) inches shov./ing the entire property being platted); (2) The shape and the exterior boundaries of the property being platted shall be indicated by the use of a distinctive and individual symbol; (3) The length of all straight lines. deflection angles, radii, arcs, and central angles of all curves shall be given along the property lines of each street or tabulated on the same sheet showing all curve data with its symbol. All dimensions along the lines of each lot with the angles of intersections \Yhich they make with each other shall be indicated; (4) The names of all adjoining subdivisions, the side lines of abutting lots, lot and block numbers, all in dotted lines, and where possible, accurate reference tics to at least hvo (2) adjacent recognized land corners shall be clearly indicated; (5) The description and location of all survey monuments placed on the property being platted shall be indicated: (6) A title shall be indicated, including the name of the property being platted, the name of the applicant and scale and location of the property being platted with reference to original surveys and a norlh point which may be magnetic or true north, with notation stating which. (7) FEMA designated 100-ycar floodplain boundary, including finish floor elevation established a minimum of three feet above the calculated 100 year flood. A Ordinance 13-07 Subdivision Regulations Page 10 of24 31  surveyor's certificate shall be placed on the final plat as follows: KNOW ALL MEN BY THESE PRESENTS: That I, • do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the comer monuments shown thereon were properly placed under my personal supervision, in accordance \Vith the Subdivision and Prope1ty Development Regulations of the Town of Lakewood Village, Texas. Signature Texas Reg. No. (9)A certificate of O\Vnership and of dedication of all streets. alleys. easements and lands to public use forever, signed and acknowledged before a notary public by the owner of the land, shall appear on the face of the map, containing complete and accurate description of the property being platted and the streets dedicated; (10) The applicant will furnish the Town a copy of the dedication at the same time the final plat is submitted for approval: and (11) The following certificate of approval by the Town Council shall be placed on the plat: Approved this day of _ _ _ _ , 20 _ _ _ _ , by the Town Council of the Town of Lakewood Village, Texas. Mayor Town Secretary (e) The engineering plans shall be in compliance with the current adopted construction standards of the Town and shall consist of the following: (1) Street layout and grades: (2) Water system layout, including size of line and fire hydrant location; (3) Sewer system layout, including size and grade of lines. location of manholes and cleanouts. and Ii ft station design; (4) All drainage structure designs, analysis of as-is and full development for where the water exits the subdivision, analysis of all streets to determine if they meet drainage criteria, FEMA floodplain and Ooodway boundaries (if applicable), and letter(s) of Ordinance 13-07 Subdivision Regulations Page 11 of24 32  release from property owners affected by diversion of water (except for watercourse(s) designated on current Town topography maps); and (5) As-built drawings of existing structures, if applicable. DIVISION 4. VACATION OF PLATS, REPLATS AND AMENDMENT OF PLATS' Sec. 15. Vacation of plats. (a) Any plat, replat or amended plat previously recorded with the county clerk may be vacated by the property owner(s) at any time prior to the sale of any lot therein by filing a written signed and acknowledged instrument declaring the same to be vacated and recorded with the county clerk. (b) If the one (1) or more lots have been sold, the plat, rep lat or amended plat may be vacated by the property ovmers by filing a written signed and acknowledged instrument with the town secretary. The vacating instrument must be approved by the Town Council in the same manner as the original plat, replat or amended plat. The Town Council shall disapprove the vacating instrument which abridges or destroys public rights in any of its public uses, improvements, streets, or alleys. Upon approval by the Town Council, the vacating instrument may be recorded with the county clerk and the vacated plat, replat or amended plat shall have no effect. State law reference(s)--Vacating plats, V.T.C.A., Local Government Code§ 212.013. Sec. 16. Replats without vacating preceding plat. A replat may be recorded and controls over a previously recorded plat without vacation of that plat if the replat is signed and acknowledged by the mvners of the property being platted, does not attempt to amend or remove any covenants or restrictions, and is approved, after a public hearing on the matter, by the Town Council. Sec. 17. Plat amendments or corrections. (a) The Town Council may approve and issue an amended plat, which may be recorded with the county clerk and controls over the preceding plat without vacation of the plat, if the amended plat is signed by the applicant(s) and is solely for one (l) or more of the following purposes: (1) To correct an error in a course or distance shown on the preceding plat; (2) To add a course or distance that was omitted on the preceding plat; (3) To cotTect an error in the description of the real propetiy shown on the preceding plat; ·state law reference-Vacating plats, amending plats, etc., V.T.C.A. Local Government Code § 212.013 et seq. Ordinance 13-07 Subdivision Regulations Page 12 of24 33  (4) To indicate monuments set forth after death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments; (5) To show the proper location or character of any monument which has been changed in location or character or which originally was shown incorrectly as to location or character on the preceding plat; (6) To correct any other type of scrivener's or clerical error or omission previously approved by the planning and zoning commission and/or Town Council, including lot numbers, acreage, street names, and identification of adjacent recorded plats; (7) To correct an error in courses and distances of lot lines between two (2) adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished; provided, that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat: (8) To relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement; (9) To relocate one (1) or more lot lines between one (1) or more adjacent lots where the owner(s) of all such lots join in the application for the plat amendment; provided, that such amendment does not attempt to remove recorded covenants or restrictions and does not increase the number of lots; or (10) To make necessary changes to the preceding plat to create six (6) or fewer lots in the plat if the changes do not affect applicable zoning and other regulations of the Town, and the changes do not attempt to amend or remove any covenants or restrictions and the area covered by the changes is located in an area that the Town Council has approved, after a public hearing, as a residential improvement area. (11) To replat one or more lots fronting on an existing street if the owners of all those lots join in the application for the amendment; the amendment does not attempt to remove recorded covenants or restrictions or increase the number of lots; and, the amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities. (b) Notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amended plat. ARTICLE III. DEVELOPMENT PROCESS Sec. 18. Construction of infrastructure. (a) Following approval of the final plat, the plat applicant shall submit full construction plans for all proposed infrastructure to be constructed for the platted prope1iy. Construction plans Ordinance 13-07 Subdivision Regulations Page 13 of24 34 submitted shall be in conformance with the approved plat. The Town engineer shall review the submitted plans for compliance with the construction standards adopted by the Town. (b) Upon approval of construction plans by Town Council, the plat applicant and/or the plat applicant's contractor will provide written notification to the Town engineer of the intent to commence construction of the required infrastructure. No work may be performed unless written notification has been provided to the Tov"·n engineer. The written notification shall contain the following information: (I) Name of the plat or subdivision; (2) Plat applicant's name; (3) Contractor's name, address and phone number; (4) Type of construction to be performed; and (5) Estimated value of construction contract. (c) The Town engineer shall issue an acknowledgment of receipt of notification to the developer and/or his contractor. Sec. 19. Acceptance of infrastructure. (a) Upon completion of all required infrastructure, prior to the acceptance of the subdivision by the Town for maintenance, the applicant shall post, or cause to be posted, a maintenance bond executed by a corporate surety or corporate sureties duly authorized to do business in this state, payable to the Town and approved by the Town as to form, to guarantee the maintenance of the construction for a period of one ( 1) year after its completion and acceptance by the Town. In lieu of a maintenance bond, the applicant may submit either an irrevocable letter of credit payable to the Town and approved by the Town as to form or a cash bond payable to the Town and approved by the Town as to form. The actual value of the maintenance bond or letter of credit or cash bond shall be ten ( 10) percent of the full cost of the water and sewer system and fifteen (15) percent of the full cost of the cost of street and drainage construction, as detem1ined by the estimate of construction costs. (b) Upon receipt of the approved maintenance bond, irrevocable letter of credit or cash bond. the Town engineer shall issue a written letter of acceptance of the infrastructure and notify the building and development department that the subdivision has been accepted by the Town. Sec. 20. Building permits issued prior to completion of infrastructure. (a) In the event an applicant \vishcs to obtain building permits prior to acceptance of the subdivision by the Town, the applicant shall post with the Town a completion bond executed by a corporate surety or corporate sureties duly authorized to do business in this state, payable to the Town and approved by the Town us to form for all construction included in the approved Ordinance 13-07 Subdivision Regulations Page 14 of24 35 construction plans that has not been completed. In lieu of a completion bond, the applicant may submit either an irrevocable letter of credit payable to the Town and approved by the Town as to form or a cash bond payable to the Town and approved by the To"vn as to form. (b) Under no circumstances shall building above the foundation be permitted until adequate fire protection is available. Adequate lire protection means: (I) Town utilities are installed; (2) Fire hydrants providing protection arc operational: and (3) Streets are open and drivable, street subgrades worked to proper compaction and base course installed, graded and leveled, to facilitate vehicle movement. (c) After the plat has been recorded and the completion bond, irrevocable letter of credit or cash bond has been received and approved by the Town, the Town engineer shall notify the building and development department. by lot and block numbers, that building permits may be issued. Sec. 21. Agreements with the Town. (a) All agreements entered into between the Town and the developer and/or applicant, as a condition of plat approval. shall be recorded along with the final plat. (b) The executed agreement shall be submitted to the To\vn Council in conjunction with the original drawings required for filing and recordation. ARTICLE IV. STANDARDS AND REQUIREMENTS DIVISION 1. GENERALLY Sec. 22. Lots and blocks. (a) All lots of the plat shall front on a dedicated street. (b) In general, lots shall conform in width, depth. and area to the pattern already established in the adjacent areas, having due regard to the character of the neighborhood, its particular suitability for residential purposes, and also taking into consideration the natural topography of the ground, drainage, sanitary sewage facilities, and the proposed layout of the streets. (c) Lots shall have the size. \vie.Ith measurements, front, rear, and side yard requirements required by the cuffent Town Zoning Ordinance .. (d) The area of the lots shall be computed by taking the average width of the lot times the average depth of the lot measured from the street line to the rear lot line. Ordinance 13-07 Subdivision Regulations Page J 5 of24 36  (e) All sidelines oflots shall be at right angles to straight street lines or radial to curved street lines, unless a variation from this rule would, in the opinion of the Town Council, produce a better lot plan and better utilize the proposed development. Sec. 23. Park sites. The Town Council shall consider offers of land for parks or playgrounds which conform to the current master plan adopted by the Town, provided such plan exists. Sec. 24. Use of Town condemnation authority. (a) Water and sewer mains, force mains and lift stations, streets and drainage ways shall be located in easements or rights-of-way secured and paid for by the applicant. Such easements shall be properly assigned to the Town before service is extended to the subdivision. (b) In cases where easements cannot be secured by the applicant, the applicant may file a written petition with the Town engineer, accompanying the plat application, requesting that the Town Council utilize its condemnation authority. The written petition must satisfy all of the following criteria: (1) The applicant must establish that clear evidence of public need exists; (2) The applicant must establish that the proposed extension is in accordance with the current adopted master utility plan(s). if such plan(s) exists; (3) The applicant must establish that the proposed extension will be able to serve other development areas; (4) The applicant must agree to pay all costs of the condemnation; and (5) The applicant must present written evidence that every practical attempt to secure the needed easements and/or right-of-way has been made by submitting the following: a. A condemnation appraisal by an independent appraiser as to the current market value and damages, if any, of acquiring the easement and/or right-of-way; and b. Documentation that a written offer has been made to purchase the easement and/or right-of-way for the appraised value and the offer was rejected. (c) The petition shall be forwarded to the Town for review and recommendation and scheduled for consideration by the Town Council. DIVISION 2. STREETS AND DRAINAGE Sec. 25. Streets. Ordinance 13-07 Subdivision Regulations Page 16 of24 37  (a) Street widths in subdivisions shall conform to: Designation Right-of-Way (feet) Paving (feet) A+ major arterial 110 86 A major arterial 110 90 B +minor arterial 90 66 B minor arterial 80 56 C major collector 70 44 D minor collector 60 38 E minor local 50 31 (b) Existing streets shall be continued where practical, as determined by the Town Council. Continuations of existing streets shall have the same or greater right-of:-\vay, pavement \vidths, and composition as the existing streets being connected. Street names shall be continuous. (c) All necessary street rights-of-way shall be dedicated as part of the platting process and shall be dedicated to the To'Wn without cost. (d) Dead-end streets may be platted \Vhere the land adjoining the plat has not been platted. In the event that such dead-end street exceeds one hundred fifty ( 150) feet in length or one (1) lot width, from the nearest street intersection, the street will be provided with a cul-de-sac, either permanent or temporary, having a minimum right-of-\vay radius of fifty (50) feet. (e) Where dead-end streets are dictated by lot designs, such dead-end streets shall be provided with a permanent .cul-de-sac having a minimum right-of-way radius of fifty (50) feet. (f) No street intersection shall be designed having an inside angle of less than thirty (30) degrees between the two (2) intersecting street lines, nor more than one hundred fifty ( 150) degrees. (g) Block lengths between intersecting cross streets or to the end of a cul-de-sac shall be no more than one thousand two hundred (1.200) feet. (h) Streets, where practical, shall be designed and platted with appropriate regard to topographical features, i.e., creeks and drainage ways, \vooded areas, etc., with the aim of creating desirable and attractive treatments of significant existing features. (Ord. No. 95-38, § I, 4-25-95). Private Streets shall not be allowed. (i) Driveways; Any drive\vay or other common access to more than two residences which is not defined in Section 23(a), shall he considered a minor local road and shall conform to defined standards. (j) Streets shall be concrete with a minimum thickness of 5'' and shall meet current Town design standards as determined by the Tovvn engineer. Ordinance 13-07 Subdivision Regulations Page 17 of24 38 Sec. 26. Alleys, reserve strips. (a) Alleys and/or easements shall be laid in the rear of lots fronting on adjoining streets \:vhere practicable. In residential subdivisions. the minimum width of right-of-way of an alley shall not be less than twenty (20) feet. All alleys shall be paved for the entire width of the right- of-way to the same specifications as minor residential streets. The rear or side line easement, where alleys are not provided, shall be a minimum of twenty (20) feet wide, arranged such that each lot shall have an equal ten-foot easement. (b) No plat shovving reserve strips of land controlling access to public ways or adjoining properties \viii be approved. Sec. 27. Drainage in special flood hazard areas. Drainage structures in areas of special llood hazard m the Town shall comply with the provisions of the Tovm Ordinances. Sec. 28. Drainage not in special flood hazard areas. (a) Design of all improved open drainage courses and enclosed drainage structures shall be by a registered professional engineer in accordance with the current drainage design standards approved by the Tov.n Council. A revie\v of the downstream drainage system capacity to a point of discharge into the lake area shall be made. The rate of storm water discharge from the proposed development shall not exceed !low capacity of any existing structure or drainage system. This may require stom1 water detention or retention on site of the project. (b) The design and construction of all improved open drainage courses and enclosed drainage structures shall provide for adequate access for the performance of necessary maintenance by the Town. (c) All improved drainage courses and enclosed drainage structures shall be dedicated to the Town and accepted for maintenance by the Town upon approval of the construction by the Town engineer. (d) The Town shall maintain all improved drainage courses. provided that the original design and construction has been approved by the Town engineer and accepted by the Town for maintenance. (e) Improved open drainage courses shall conform as follows: (I) Open drainage courses which carries runoff from a street, between two (2) lots, to a drainage course running behind lots shall be a concrete-lined flume. (2) Open drainage courses running behind lots may be of earthen channel or concrete- lined channel, provided the type of channel used satisfies the design criteria (velocity, type of soil, etc.) in accordance with the current drainage design standards approved by the Town Council. Ordinance 13-07 Subdivision Regulations Page 18 of24 39  (3) Where the open drainage course is a concrete-lined flume, the width of the easement shall be equal to the \.vidth of the flume. All other open drainage courses require the width of the easement to be equal to the width from top-of-bank to top-of-bank plus maintenance way needs as given in the drainage design standards. (f) Enclosed drainage courses shall conform as follows: (I) Cross drainage for right-of-\vay needs shall be designed to meet the same requirements as its channel, (2) Permanent structures and improvements may be constructed upon and across improved enclosed drainage courses in business zoning districts and manufacturing zoning districts. Design shall be to accommodate the 100-year frequency flood. (3) The width to the easement shall be equal lo the width of the structure plus a width on each side of the structure lo allow maintenance and/or repairs. Sec. 29. Street name signs. Street name signs and markers and traffic control signs. in accordance with standards adopted by the Town, will be required at each intersection. The developer will provide street signs and posts for the markers and make the installations when the subdivision is accepted by the Town for maintenance. DIVISION 3. WATER AND SEWER INFRASTRUCTURE Sec. 30. General Provisions. (a) The intent and purpose of this division is lo provide equitable charges for water and sewer connections as a proportionate distribution of the cost of the water and sewer main extensions to serve property within the Town. If the existing Town utility facilities are not within or adjacent to a subdivision, the developer shall construct the necessary extension of water and sewer mains, force mains, force mains, and lift stations, including all valves, manholes, and piping necessary to serve any future development of abutting property as specified in this chapter. The developer's engineer shall prepare a proposed plan of service for the subdivision and property along the extension which shall be reviewed by the Town engineer. These facilities shall be constructed in accordance with both the master plan and the Technical and Administrative Manual for Water and Sewer System Development (''Manual"). (b) It is the general policy of the Town that: (1) Water and sev..·er mains should be large enough to serve all the lots platted and, should the Tovvn determine oversizing is necessary, the Town may participate in those lines greater than 8" for water and greater than 1O" for sewer. Ordinance 13-07 Subdivision Regulations Page 19 of24 40  (2) All utilities shall be required to extend across the full width of the last lot platted on each street proposed within the subdivision, in such an alignment that it can be extended to the next property in accordance with the master se\~er and water plans for the Town, provided such plan(s) exist. Properties already served by water and sewer shall not be required to install additional facilities unless: (I) The current lines arc not of adequate capacity to serve the proposed development; in which case the applicant will be required to install adequate facilities. (c) Every lot of the plat shall have direct access to the \Valer and sewer system. Utility service shall be from a water/sewer main located in an abutting right-of-way or through easements from the Jot to a water/sewer main. (e) (I) The terms of this division shall be cumulative of all other ordinances regulating subdivisions, and such other ordinances arc not repealed by this division, except to the extent that such other provisions conflict with the tenns of this chapter, in which event this chapter shall prevail. (2) The status of any previously designated line extension, lift station, or main shall be unaffected by this ordinance, save and except the Clear Creek pro rata line, designated in CCM #95-121 R. The Clear Creek pro rata line designation is hereby rescinded. (f) In addition to any other remedy provided by lmv. the Town and its officers shall have the right to enjoin any violation of this chapter by injunction issued by a court of competent jurisdiction. Sec. 31. \\'ater. (a) No water main shall be extended unless the diameter of any such extended main is a minimum of six (6) inches inside the subdivision. Larger mains may be required per the water master plan, provided such plan exists. (b) Water system layout shall be looped \Vhenevcr possible. Dead-end mains shall not exceed one thousand eight hundred (1,800) feet or include three (3) fire hydrants. Single feeds may be permitted at the discretion of the Town engineer; however, any such denial may be appealed to the Tovn1 Council. Single feeds should include provisions for looping in futme development. (c) The location of fire hydrant(s) shall comply with and be approved by the Town Engineer and/or Fire Marshall and insurance requirements. (d) Long water service taps shall be installed while the subdivision is being developed. Short water service taps shall be installed when needed for development. Long water service taps locations shall be clearly marked \Vith a plastic valve box directly above the tap. A Yi inch x 2 foot steel rod shall be driven vertically 6" inches below the ground surface for the location of Ordinance 13-07 Subdivision Regulations Page 20 of24 41 each water tap. No water service taps smaller than six (6) inches in diameter shall be allowed on water mains larger than twelve ( 12) inches in diameter. Sec. 32. Sewer. (a) No se\ver main shall be extended unless the diameter of any such extended main is a minimum of six (6) inches inside the subdivision. Larger mains may be required per the sewer master plan, provided such plan exists. (b) Manholes are required any time the alignment slope, or diameter of the sewer mam changes, or when two or more sewer mains intersect. In no case will the maximum spacmg between manholes, or from a manhole to cleanout, exceed 500 feet. (c) Sewer services for sewer mains located in roadways shall be installed while the subdivision is being developed. Sewer services with direct access to the sewer main without encroaching on a roadway may be installed when needed for development. Sewer tap locations shall be clearly marked with a plastic valve box directly above the tap. A 1lz inch x 2 foot steel rod shall be driven vertically 6" inches below the ground surface for the location of each water tap. Sewer services six (6) inches and larger require a manhole where they intersect the sewer main. The sewer service shall extend a minimum of ten feet ( 1O') into the lot area. (d) Minimum lift station capacity shall be one hundred (I 00) gallons per minute and shall have at least two (2) pumps, each of \vhich shall be capable or pumping the design capacity of the lift station. The minimum size of the wet w·ell shall be such that with any combination of inflow and pumping. the cycle of operation for each pump shall not be less than five (5) minutes and the maximum retention time in the wet well shall not average more than thirty (30) minutes. (e) Septic system holding tanks or any other sewage rctainage facilities for the storage or removal of sewage are prohibited. Sec. 33. Costs of Extensions. a. Developer initiated. All costs or all water and sewer main extensions, force mains, and lift stations initiated by a developer in order to provide required service for their development area, shall be paid for by the developer. Such costs may include; but is not necessarily limited to, right-of-way acquisition, pipes, motors. pumps, engineering. construction costs, inspection fees, and all weather access. In no event shall the Town pay for any costs associated with water and/or sewer improvements. Sec. 34. Use of Water and Sewer Tap fices and Rate Revenues. Tap fees and rate revenues shall be set in an amount sufficient to maintain and operate the system, with due regard for anticipated needs to improve, update, construct, and maintain the Ordinance 13-07 Subdivision Regulations Page 21 of24 42 system. Sec. 35. Use of Town Condemnation Authority. a. Water and sewer mains, force mains, and litl stations shall be located in easements, secured and paid for by the developer. and assigned to the Town before service is extended to the subdivision. For the Town to consider to using condemnation authority to assist a developer in extension of the system, the applicant musl show clear evidence that every practical attempt to secure the easement has failed and there is a public need and interest for condemnation. Specific criteria and procedures shall be as stated in the manual. b. Upon compliance with all procedures by the developer, the Town, at least l 0 days prior to the hearing shall notify all property owners within the proposed easement and 200 feet therefrom. A hearing of facts by the Town Council is required. Determination of the Town Council shall be final. Sec. 36. Property Owners & Homeowner Associations Property Owners Associations or Homeowner Associations which require mandatory membership and who require mandatory fees, dues, levies, or monetary assessments are prohibited. Sec. 37. Severability. It is hereby declared to be the intention of the Town Council that if any of the sections, paragraphs, sentences, clauses, and phrases of this Ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not effect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance of unconstitutional or invalid phrases, clauses, sentences paragraphs or sections. Sec. 38. Savings. This Ordinance shall be cumulative of all other ordinances of the Town and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; provided, however, that Ordinance No. 08-06 of the Town is hereby repealed, but provided that any complaint, action, cause of action, or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to Ordinance No. 08-06 shall continue to be governed by the provisions of that Ordinance and for that purpose Ordinance No. 08-06 shall be deemed to remain and shall continue in full force and effect. Sec. 39. Repealer. Ordinance 02-05A, Ordinance 00-09, Ordinance 08-06, and Ordinance 11-11 are hereby Ordinance 13-07 Subdivision Regulations Page 22 of24 43  repealed. Sec. 40. Penalty. Any person who should violate any prov1s10n of this Ordinance or should fail to comply herewith shall for each and every violation or noncompliance be deemed guilty of a misdemeanor and shall be fined not more than $2,000.00 (two thousand dollars) and each day such violation shall be permitted to exist shall be construed a separate offense. Sec. 41. Effective Date. This Ordinance shall become effective from and after its date of passage and publication as provided by lav,r. PASSED AND APPROVED the 13 111 day of .June, 2013 ATTEST: Mi~tker, Mayor ~,d}vbeR(2 Liif;SbelL Town Secretary Ordinance 13-07 Subdivision Regulations Page 23 of24 44  ~Thoroughfare Types -TJ1>0U40 - TypoC2U Eml:n9 llllllllL Typo C2U Pltll>OS"..t 0 L.Ml;llWW /iiWi':\ Cid Lllco Oalo1 Oarw o~"""' .. - Pt.llklSem>Pvblr.: 1-. -i LolieL.,,.,;..;ne 100Y• Roodjleo . . . EUUUIVl:.lllll r..cgun111u11:. 'I 45 Exhibit D 46 STATE OF TEXAS ) ) CEl~TIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the Town of Lakewood Village Ordinance I 1-16. The same appear of record in my office and said documents are the otlicial records from the public office of the Tmvn Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I forther certify that I mn the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the otlicial seal of The Town of Lakewood Village this I 6th day of l'vlarch, 2014. ~r-'o..-'--f'JDbg 0 Q m,Lbcll, TRMC, Town Secretary Town of Lakewood Village ....:::!o:SS:SS:s:i:-....._ Denton County State of Texas 47  TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 11-16 AN ORDINANCE TO ADOPT THE 2006 INTERNATIONAL RESIDENTIAL CODE, WITHIN THE TOWN OF LAKEWOOD VILLAGE AND THE TOWN OF LAKEWOOD VILLAGE EXTRATERRITORTIAL JURISDICTION; PROVIDING A SAVINGS/REPEALING CLAUSE, PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Lakewood Village, Texas ("Town Council") has investigated and detennined that it would be advantageous and beneficial to the citizens of the Town of Lakewood Village, Texas and the citizens inside the Town of Lakewood Village Extraterritorial Jurisdiction (collectively ..Lakewood Village") to adopt the 2006 Edition of the International Residential Code, save and except the deletions and amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS: SECTION l: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Adoption of the 2006 International Residential Code. The International Residential Code, 2006 Edition, copyrighted by the International Code Council, Inc., including Appendix G, J, and K, save and except the deletions and amendments set forth in Exhibit "A'\ attached hereto and incorporated herein for all purposes, is hereby adopted as the Residential code for Lakewood Village, regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with a separate means of egress and related accessory structures in Lakewood Village (the "2006 International Residential Code"). The 2006 International Residential Code is made a part of this Ordinance as if fully set forth herein. SECTION 3: Savings/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 portion of conflicting ordinances shall remain in full force and effect. 48  Exhibit "A,, Town of Lakewood Village Amendments 2006 International Residential Code The Following additions, deletions and amendments to the 2006 International Residential Code adopted herein are herby approved and adopted. Section 1. Chapter 1. Administration of the 2006 International Residential Code is amended as follows: Section R102 Applicability of the 2006 International Residential Code is amended as follows: RI 02.4 Referenced codes and standards. The codes, when specifically adopted by the Town of Lakewood Village, and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. Any reference made to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. Where requirements in this code conflict with any requirements of other adopted codes by the Town of Lakewood Village the most stringent requirements shall apply. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer's instructions shall apply. Section RIOS Permits of the 2006 International Residential Code is amended as follows: RlOS.2 Work exempt from permit. Pennits shall not be required for the following. Exemption from pennit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 250 square feet. 2. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 3. Water tanks suppo1ted directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to I. Ordinance 11-16 2006 International Residential Code Page 3 of23 49 E. All remodels, repairs, alterations, must have two (2) copies of the plot plans turned into the Town showing the actual dimensions and shape of the lot to be built upon or altered, the exact sizes and locations on the lot of any already existing buildings, and the location and dimensions of the proposed building or alteration. F. Two copies of the existing house plans prior to any alterations, remodels or repair must be turned in prior to approval of the permit. Section lC. SECTION 106, BUILDING PLAN PACKET SUBMISSION Along with the pennit application forms set forth above, the following docwnents are required prior to any approval being granted in the quantity and detail as specified: A. Two (2) plot plans containing lot dimensions, plan footprint, set-backs (front, rear and sides) complete address, lot and block, subdivision and phase, uti1ity and easement locations, engineers and contractors names, finish pad elevations, finish floor elevations, topographical elevations, driveways, sidewalks, fence locations, lot area, slab area, and covemge percent. All drawings provided must be to scale. B. Two (2) foundation designs (11" x 17" drawing and engineer letters) one of which must have an original signature and stamp. C. Three (3) complete bound sets of construction drawings. Town Copy must be 11" x 17" or application will be automatically rejected without further action or notification by any Town Official. Plans must include elevations, framing details, including soffit overhang details, masonry percentage calculations, square foot calculations, electrical load calculations, electrical panel size, electrical panel location, mechanical specifications, foundation design letter must be address specific. All plans must be drawn by a state licensed architect and must be drawn to scale. D. Two (2) sets of drainage plans must be provided. Town copy must be 11" x 17" drawn to scale, showing the actual dimensions and shape of the lot to be built upon. The drainage plans must show sea level elevations and all flatwork drawn to scale. E. Floor plans, elevations, framing, roof plan, electrical and "to be built options" must be clearly shown and detailed. Single sheet submittals are not acceptable. HV AC and Plumbing design drawings are also required. Options reflecting additional buildable space must be identified by the actual square footage area and included in the permit values for total air-conditioned area and or construction area under roof. Ordinance 11-16 2006 International Residential Code Page? of23 50 CONCRETE REGISTRANT: 1. Contractor registration application filled out completely. 2. A valid State of Texas driver's license or photo I.D. card. 3. Proof of insurance as set forth in Section 8 (B) above. FENCE I SCREENING WALL REGISTRANT: 1. Contractor registration application filled out completely. 2. A valid State of Texas driver's license or photo I.D. card. 3. Proof of insurance as set forth in Section 8 (B) above. D. Any registered Contractor that fails to maintain compliance with any provisions of this section shall cease all work being performed at the time the Contractor is no longer in compliance. Section 109 Inspections A. Request for Inspections B. Building permits will include inspections performed during the following construction stages: 1. T-Pole 2. Plumbing Rough, includes water and sewer tap (form board surveys due at this time on site) 3. Pier and Beam - shall be inspected by the engineer and an approval letter shall be provided to the building official. 4.Foundation 5. Frame 6. Mechanical Rough 7. Electrical Rough 8. Rough Gas 9. Plumbing Top Out 10. 4 foot brick tie inspection and/or Stucco inspection 11. Drywall Ordinance 11-16 2006 International Residential Code Page 12 of23 51 12. Electrical/Gas Meter Release 13. Flatwork 14. 100% Final · All Third party insulation inspections reports are due prior to the electrical/gas meter release. · At the time of the scheduled pour, and prior to driving to the location of the pour, the Contractor will be responsible for turning in all weight tickets to the Town. · Termite letter, Customer Service Inspection letter, and the Final Grade survey is due on site at the 100% Final Inspection. ·Piers must be inspected by an independent contractor. A copy of the inspection must be supplied to the Town prior to calling in the next inspection. E. All Sprinkler Contractors must have the Backflow Prevention Form filed with the Town of Lakewood Village prior to hooking the system up to the water supply. F. All inspections must be performed during daylight hours Section lF. A. Upon completion of construction, no one may occupy or move any objects into or onto the property of new construction until a Certificate of Occupancy (100 % Final) inspection has been performed and passed by an official of the Town. Violation of this requirement will result in all utilities being disconnected until such time as a Certificate of Occupancy has been issued after all the proper inspections have been performed. B. Secondary structures will be permitted as new construction with minimum square footage requirements waived as long as secondary structure is contained within the property lines of the primary residence lot(s) and required set backs are met. Any secondary structure built on any adjacent lot must conform ·to the minimum square footage requirements of that section as stated in the current zoning ordinance as amended or revised unless both lots are re-platted as a single lot and said plat is filed on record with Denton County, Texas. Proper proof of filing with Denton County, Texas must be provided to the Town at the time the building permit is sought. C. All new building construction will have a garage with the following requirements: 1. There shall be no front-facing garages on any new construction. Where the configuration of the ground is such that conformity with this provision of this ordinance would work a hardship, the Town Council may permit a variance. 2. There shall be a garage size requirement on all new construction of a minimum of 25 feet in width and 22 feet in depth. Where the configuration of the ground is such that conformity with Ordinance 11-16 2006 International Residential Code Page 13 of23 52 Exhibit E 53 54 Exhibit F 55 56 57 58 •..\ p, . \ ,, I 59 60 61 62 63 Exhibit G 64 65 Exhibit H 66 67 68 69 Exhibit I 70 71 Exhibit J 72 73 Exhibit K 74 75 Exhibit L 76 77 78 Exhibit M 79 80 81 ..• 82 Exhibit N 83 84  CauseNo. 14 0/C[C,I 43) TOWN OF LAKEWOOD VILLAGE, § Plaintiff, § § § v. § § HARRY BIZIOS, § § § Dejendant § TEMPORARY RESTRAINING ORDER AND ORDER SETTING HEARING FOR TEMPORARY INJUNCTION On this 19th day of March, 2014, the Court considered Plaintiff Town of Lakewood Village's application for Temporary Restraining Order. Wm. Andrew Messer, attorney for the Plaintiff, appeared in person. Defendant Harry Bizios Mdid not appear. After reviewing the verified pleadings and arguments of counsel, the Court finds that good cause exists to grant Plaintiffs application for Temporary Restraining Order as Defendant is violating the Town's ordinances. IT IS THEREFORE ORDERED that Defendant Harry Bizios, his agents, contractors, and employees and the Defendant's representative(s) with control over the Property (hereafter defined) shall allow inspections by the Town's Building Official or designee on the Property, and shall immediately cease and desist any construction on the Property described as LOT 84, BLOCK 1 OF SUNRISE BAY AT LAKE LEWISVILLE, AN ADDITION TO THE CITY OF LITTLE ELM, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET L, PAGE 224, PLAT RECORDS, DENTON, COUNTY, TEXAS (the "Property") until such time as they have (1) applied for and obtained approval from the Temporary Restraining Order -- Page 1 Town ofLakewood Village v. Harry Bizios, Alan Hoffmann, and Alan Hoffmann, LLC 85  c Town of Lakewood Village of necessary permits; (2) submitted engmeenng inspection certificates to the Town of Lakewood Village; and (3) complied with the Town's Ordinances. This Temporary Restraining Order is issued with notice to Defendant and is ordered because construction without obtaining permits, construction in contravention of a stop work order, and construction without submitting engineering certification on pier work will continue to occur in its absence. ,__J.__ Plaintiffs Application for Temporary Injunction is set for the 2 day of -J---+;Jp~&~J__ , 2014, at I: 3o ~/p.m. The purpose of this hearing shall be to determine whether this Temporary Restraining Order should be made a Temporary Injunction pending a full trial on the merits and whether the Court should enter a Temporary Injunction regarding the violation(s) alleged and the relief requested in Plaintiffs pleadings. Because Plaintiff is a municipality in the State of Texas, no bond is required. This Temporary Restraining Order expires fourteen (14) days from the date of issuance, unless otherwise extended. Signed on--1-/}1_,___~-----=2o _ _ , 2014, at~· Temporary Restraining Order -- Page 2 Town ofLakewood Village v. Harry Bizios, Alan Hoffmann, and Alan Hoffmann, LLC 86 STATE OF TEXAS COUNTY OF DENTON CITATION CAUSE NO. 14-01991-431 To: Harry Bizios, 6107 Sweeney Trail, Frisco, TX 75034, (or wherever he or she may be found) Notice to Defendant/Respondent: You have been sued. You may employ an attorney. If you, or your attorney, do not file a written answer with the clerk who issued this citation by 10:00 a.m. on the first Monday following the expiration of twenty days after you were served this citation and petition, a default judgment may be taken against you. 431st Judicial District Court Court: 1450 E. McKinney, 2nd Floor, Denton, TX 76209 Cause No. 14-01991-431 Date of Filing: 03/20/2014 Plaintiffs Original Petition, Verified Request for Temporary Restraining Order, Request for Document: Temoorarv and Permanent lniunction, and Reauest for Disclosure Parties in Suit: The Town of Lakewood Village; Harry Bizios Sherri Adelstein, District Clerk Clerk: 1450 E. McKinney, Suite 1200, Denton, TX 76209 Party or Wm. Andrew Messer Party's Attorney: 6351 Preston Road, Suite 350, Frisco, Texas 75034 Issued under my hand and seal of Court at office in Denton, Denton County, Texas o~fi~~ March, 2014. By: __-f~~-'-~~___;~~---­ OFFICER'S RETURN Came to hand on the day of , 20 at M. and executed on the day of , 20__ at M., by delivering to the within named in person a true copy of this citation and Plaintiff's Original Petition, Verified Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure; Temporary Restraining Order and Order Setting Hearing for Temporary Injunction at Service Fees: $- - - - - - -------------------- Sheriff/Constable Service ID No. ----------- - - - - - - - - - - - C o u n t y , Texas By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Deputy/Authorized Person VERIFICATION On this day personally appeared known to me to be the person whose name is subscribed on the foregoing instrument and who has stated: upon penalty of perjury, I attest that the foregoing instrument has been executed by me in this cause pursuant to the Texas Rules of Civil Procedure. I am over the age of eighteen years and I am not a party to or interested in the outcome of this suit, and have been authorized by the Denton County Courts to serve process. Subscribed and sworn to before me on this the _ _ _ day of ___________________, 20_ _ _ _ _ _ _ _ _ _ _ Notary Public 87 STATE OF TEXAS COUNTY OF DENTON TEMPORARY RESTRAINING ORDER CAUSE NO. 14-01991-431 To: Harry Bizios, 6107 Sweeney Trail, Frisco, TX 75034, (or wherever he or she may be found.) Greetings: Whereas, The Town of Lakewood Village, filed a(n) Plaintiff's Original Petition, Verified Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure in the 431st Judicial District Court of Denton County, Texas on 03/20/2014 in suit number 14-01991-431 on the docket of said Court and styled Town of Lakewood Village v. Harry Bizios and appeared as per attached copy of Plaintiff's Original Petition, Verified Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure. And upon presentation of said Pleading and consideration thereof, the Honorable Jonathan Bailey Judge of said Court, made the following order thereon: the requirement for a bond having been posted or waived, you are therefore commanded to desist and refrain from: as per attached copy of Temporary Restraining Order and Order Setting Hearing for Temporary Injunction until and pending the hearing of such Temporary Restraining Order and Order Setting Hearing for Temporary Injunction before the Judge of said Court at 1:30 p.m. on the 2nd day of April, 2014 in the 431st Judicial District Court Courtroom, located at 1450 E. McKinney, 2nd Floor of the Courts Building of Denton County, in the City of Denton, Texas, when and where you will appear to show cause why injunction should not be granted upon such Petition/Application effective until Final Order/Decree in suit. Issued under my hand and seal of Court at office in Denton, Denton County, Texas on this the 20th day of March, 2014. Sherri Adelstein, District Clerk 1450 E. Mc · · e 1200 Denton, Dento 6209 " ~ i ..~ By: __--f'"~---~----~~~~~--­ Ri n«:il'ti:u: OFFICER'S RETURN Came to hand on the day of , 20 at M. and executed on the day of , 20 at M., by delivering to the within named in person a true copy of this Plaintiff's Original Petition, Verified Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure and Temporary Restraining Order and Order Setting Hearing for Temporary Injunction at Service Fees: $________ ---------Sheriff/Constable Service ID No. _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ County, Texas By: _ _ _ _ _ _ _ _ _ _ _ _ ___ Deputy/Authorized Person VERIFICATION On this day personally appeared known to me to be the person whose name is subscribed on the foregoing instrument and who has stated: upon penalty of perjury, I attest that the foregoing instrument has been executed by me in this cause pursuant to the Texas Rules of Civil Procedure. I am over the age of eighteen years and I am not a party to or interested in the outcome of this suit, and have been authorized by the Denton County Courts to serve process. Subscribed and sworn to before me on this the day of , 20_ _ _ _ _ _ _ _ _ _Notary Public 88  FILED: 3/24/2014 11:14:32 AM SHERRI ADELSTEIN Denton County District Clerk By: Amanda Gonzalez, Deputy CAUSE NO. 14-01991-431 TOWN OF LAKEWOOD VILLAGE, § IN THE DISTRICT COURT OF TEXAS, § § Plaintiff, § § v. § DENTON COUNTY, TEXAS § HARRY BIZIOS, § § Defendant. § 431st JUDICIAL DISTRICT BIZIOS’ MOTION TO DISSOLVE TEMPORARY RESTRAINING ORDER Harry Bizios (“Bizios”) moves to dissolve the Temporary Restraining Order (“TRO”) by the Town of Lakewood Village, Texas (“Town”) entered on or about March 20, 2014. SUMMARY The TRO at issue is void and must be dissolved because:  It dramatically affects Bizios’ rights, but was entered without notice to Bizios in violation of Texas Rules of Civil Procedure 39 and 680;  It fails to state the reason for its issuance by defining the injury and describing why it is irreparable; and  The Town’s actions are illegal. BACKGROUND Bizios owns a lot (“Lot”) in the Sunrise Bay at Lake Lewisville Addition (“Subdivision”) which received plat approval from Denton County in 1995. The Subdivision is located in the extraterritorial jurisdiction (“ETJ”), not corporate, limits of the Town. As a general law town, Lakewood Village’s authority is limited to specific 89 grants by the Texas Constitution or statute. Because the Subdivision plat has been recorded, the Town has no subdivision authority under Chapter 212, Tex. Loc. Gov’t Code allowing it to enforce its building code in the ETJ. Further, because the Town’s ordinances were adopted after the Subdivision plat was approved, Bizios has grandfathered rights under Chapter 245, Tex. Loc. Gov’t Code. ARGUMENT AND AUTHORITIES A. The Agreed Injunction is void because it was entered without notice to Bizios, without a hearing, and without evidence. First and foremost, the TRO is void because it was entered without notice to Bizios. The Texas Rules of Civil Procedure expressly provide that no TRO shall be issued without notice to the adverse party. See Tex. R. Civ. P. 680. Bizios’ rights are dramatically affected by the TRO, procured without notice to or the involvement of Bizios. Thus, Bizios was not afforded any opportunity to be heard. Moreover, the TRO itself states that it was entered without a hearing. Because no hearing occurred to support the entry of the TRO, no argument was introduced as to Plaintiff’s probable right to recovery and probable injury. B. The TRO is illegal and changes the status quo. Lakewood Village is a general law town that lacks the necessary legal authority to extend its building ordinance to its ETJ. In Texas, provision is made for the governance of two types of municipalities, general law cities and home rule cities. See generally, Commentary on the History, Status and Function of Title 28, Cities, Towns and Villages, pages XIII to XXXVIII of Volume 2A, V.T.C.S. General law cities are governed by 90 articles 961 et seq. See Woolridge v. Folsom, 564 S.W.2d 471 (Tex. Civ. App.—Dallas 1978, no writ). They are creatures of statute and have no powers except those expressly or impliedly granted by the statute creating them. City of Uvalde v. Uvalde Electric & Ice Co., 250 S.W. 140 (Tex. 1923). Lakewood Village is unable to cite to legal statutory authority to enforce its building standards in its ETJ including fees, inspection requirements and contractor registration regulations. The Town’s reliance on Subchapter A, Chapter 212 of the Texas Local Government Code is misplaced because Subchapter A relates to a city’s subdivision and platting powers. The property in question was already platted in Denton County in 1995. Consequently, Subchapter B of Chapter 212 might apply because it defines development as “new construction.” Subchapter B, however, does not authorize a city to apply its building standards in the ETJ. In 2009, the Texas Legislature granted counties the option to exercise building code authority in unincorporated areas of the state. Denton County exercises this option in the Town’s ETJ, which is an unincorporated area of the county. As such, the Town’s efforts to regulate building codes run directly counter to the intent of the Legislature and are duplicative of the approvals already obtained. Furthermore, Lakewood Village is prohibited from applying the recently enacted Ordinance to a previously approved subdivision pursuant to Chapter 245, Tex. Loc. Gov’t Code. This issue was squarely addressed in Hartsell v. Town of Talty, 130 S.W.3d 325 (Tex. App.—Dallas 2004, pet. den.). The Town has no authority to enforce its building code in the ETJ, and the Town’s attempt to do so is illegal. 91  WHEREFORE, PREMISES CONSIDERED, Bizios respectfully requests that the Court dissolve the TRO and grant Bizios such other and further relief to which he may be justly entitled. Respectfully submitted, WINSTEAD PC By: /s/ Arthur J. Anderson Arthur J. Anderson State Bar No. 01165957 500 Winstead Building 2728 N. Harwood Street Dallas, Texas 75201 Phone: 214.745.5745 Fax: 214.745.5390 aanderson@winstead.com Adam L. Plumbley State Bar No. 24056146 777 Main Street, Suite 1100 Fort Worth, Texas 76102 Phone: 817.420.8200 Fax: 817.420.8201 aplumbley@winstead.com ATTORNEYS FOR DEFENDANT HARRY BIZIOS 92  CERTIFICATE OF SERVICE I hereby certify that on March 24, 2014, I served a true and correct copy of the foregoing upon the following counsel of record: William Andrew Messer Messer, Rockefeller & Fort, P.L.L.C. 6351 Preston Road Suite 350 Frisco, TX 75034 /s/ Arthur J. Anderson One of Counsel 93  FILED: 3/25/2014 4:07:32 PM SHERRI ADELSTEIN Denton County District Clerk WINSTEAD Austin Charlotte Dallas Fort Worth Houston San A ntonio The Woodlands Washi ngton, D.C. By: Rina Shelton, Deputy 1100 Carter Burgess Plaza 817.420.8200 OFFICE 777 Main Street 817.420.8201 FAX Fort Worth, Texas 76102 winstead.com March 25, 2014 ADAM L. PLUMBLEY direct dial: (817)420-8234 apiumbiey@winstead.com Fax and Email andy@txmunicipallaw.com William Andrew Messer, Esq. Lakewood Village Town Attorney c/o Messer, Rockefeller & Fort, PLLC 6351 Preston Road, Suite 350 Frisco, TX 75034 Re: Cause No. 14-01991-431; Town of Lakewood Village, Texas v. Harry Bizios, in the District Court of Denton County, Texas, 431st Judicial District Dear Mr. Messer: Please be advised that Bizios' Motion to Dissolve Temporary Restraining Order has been set for hearing on April 2, 2014, at 1:30 p.m., the same time as the Town of Lakewood Village's hearing on its Application for Temporary Injunction. If you have any questions regarding this matter, please do not hesitate to contact me. 94 WINSTEAD PC ATTORNEYS  FILED: 4/2/2014 10:21:37 AM SHERRI ADELSTEIN Denton County District Clerk By: Shelley Mccutcheon, Deputy CAUSE NO. 14-01991-431 TOWN OF LAKEWOOD VILLAGE, § IN THE DISTRICT COURT OF TEXAS, § § Plaintiff, § § v. § DENTON COUNTY, TEXAS § HARRY BIZIOS, § § , st Defendant. § 431 JUDICIAL DISTRICT DEFENDANT'S TRIAL BRIEF Defendant Harry Bizios ("Bizios"), files this trial brief against Plaintiff Town of Lakewood Village, Texas ("Town") and states as follows: I. FACTUAL BACKGROUND Lakewood Village is a small general law town with a population o f around 620. It is unlikely it will ever reach the 5,000 population level needed to hold a home rule charter election. As a result it will never be able to annex Bizios' land. Lakewood Village has no involvement in the platting and development o f the Sunrise Bay Addition ("Addition") where Bizios' Lot 84 ("Lot") is located. Over 15 years after the Addition was developed, the Town extended its building code (with its requirement to pay an excessive permit fee) to its extraterritorial jurisdiction ("ETJ"). DEFENDANT'S TRIAL BRIE F - Page 1 95  II. ARGUMENT AND AUTHORITIES A. Because Lakewood Village is a general law town and extending its building code to the ETJ exceeds statutory authority, the Town is prohibited from extending its building code to the ETJ 1. General law town ordinance-making authority is extremely limited. The two predominant classifications o f cities in Texas are general law towns (like Lakewood Village) and home rule cities. As a general law town, Lakewood Village (like a county) can only exercise those governmental powers expressly delegated to it by the Texas Legislature. David Brooks, Municipal Law and Practice, Texas Practice . Vol. 22, p. 89. The 1912 amendment to the Texas Constitution authorized cities on a local basis to adopt a charter, thus creating home rule cities as mini-legislatures unto themselves. Home rule cities have significantly broader governmental powers than general law towns such as Lakewood Village. Forwood v. City o f Taylor, 214 S.W.2d 282 (Tex. 1948). In more than one instance, the Texas Supreme Court has recognized that the home rule amendment granted to home rule cities the '"full power o f local self-government.'" City o f Houston v. State ex rel City o f West University Place, 142 Tex. 190, 176 S.W.2d 928, 929 (1943). General law towns, on the other hand, derive their power from the Legislature and are restricted by the express language o f state statute. Tex. AG Op. JM-169. 2. No Texas statute expressly authorizes Lakewood Village to apply its building code to its ETJ. The Town claims that its authority to require building permits in the ETJ is implied under the state platting statute, Chapter 212, TEX. LOC. GOV'T CODE. A plat is DEFENDANT'S TRIAL BRIE F - Page 2 96 only required to be submitted and approved under § 212.004 when a tract o f land is subdivided. No such subdivision is involved here, and there is no indication that the Legislature intended to address building permits in the platting statute. "Legislative intent remains the polestar o f statutory construction." City o f LaPorte v. Barfield, 898 S.W.2d 288, 292 (Tex. 1995). It is cardinal law in Texas that a court construes a statute, "first, by looking to the plain and common meaning o f the statute's words." Liberty Mut. Ins. Co. v. Garrison Contractors, 966 S.W.2d 482, 484 (Tex. 1998). Ordinary citizens should be able to rely on the plain language o f a statute to mean what it says. See Addison v. Holly Hill Fruit Prods., Inc., 322 U.S. 607, 618, 64 S.Ct. 1215, 88 L.Ed. 2d. 1488 (1944). Typically, courts will concentrate on the literal text o f a statute in order to ascertain its meaning. Bridgestone/Firestone, Inc. v. Glyn-Jones, 878 S.W.2d 132, 133 (Tex. 1996). The Town cites Local Government Code sections 212.002 and 212.003 as authority for its assertion o f the power to require builders to obtain building permits in the Town's ETJ. These statutes, however, are directed at the regulation o f plats and subdivisions, not building and development. In fact, Subchapter A o f Chapter 212 is entitled "Regulation o f Subdivisions." This subchapter says nothing about building in general or permits in specific. Subchapter B, in contrast, is titled "Regulation o f Property Development," with "development" defined as "the new construction or the enlargement o f any exterior dimension o f any building, structure, or improvement." TEX. LOC. GOV'T CODE § 212.043(1). This subchapter, moreover, expressly provides that "[t]his subchapter does DEFENDANT'S TRIAL BRIE F - Page 3 97 not authorize the municipality to require municipal building permits or otherwise enforce the municipality's building code in its extraterritorial jurisdiction." TEX. LOC. GOV'T CODE § 212.049. The Town attempts to evade this clear prohibition by contending that its power to require building permits in the ETJ arises by implication. Adding verbiage to statutes by implication was expressly forbidden by the Texas Supreme Court in M. Fitzgerald v. Advanced Spine Fixation, 996 S.W.2d 865 (Tex. 1999). In this case, neither the subdivision statute for municipalities (Chapter 212, TEX. LOC. GOVT. CODE) nor any other statute expressly authorizes general law towns to extend their building codes to their ETJs. There are no "truly extraordinary circumstances" justifying the court from enforcing Chapter 212 as written. 996 S.W.2d at 867. In short, the Town has not demonstrated that it has authority, and in fact does not have authority, to require Bizios to obtain building permits for development in the ETJ. Accordingly, Bizios is entitled to judgment declaring that he may continue construction without obtaining building permits from, undergoing inspection by paying fees, or complying with the building code o f the City. 3. The trial court's ruling violates Texas Supreme Court precedent. The Texas Supreme Court held in City o f San Antonio v. City o f Boerne, 111 S.W.3d 22 (Tex. 2003), that the authority o f a county (similar to the authority o f general law towns) would not extend beyond the express grant o f the statute. In Boerne, two county commissioner courts consented to the annexation o f county roads to assist in a Boerne annexation. The Supreme Court held that a commissioners court can only exercise those powers "expressly given by either the Texas Constitution or the DEFENDANT'S TRIAL BRIE F - Page 4 98 Legislature (italics added)." Id. at 28. I f the Constitution or Legislature imposes an obligation, then the commissioners court has an implied authority to exercise the powers needed to fulfill the obligation. In Boerne, the statute authorizing "general control" of roads to counties did not authorize them to petition for annexation. Unless a commissioner court's action was restricted to providing for safer roads for public travel, its action would be deemed void as exceeding legislative authority. Id. at 29. Similarly, in this case, the Town does not have express authority to require that building permits be obtained in the ETJ. The Town places sole reliance on the holding in City o f Lucas v. North Texas Municipal Water District that the platting statute implies that buildings codes can be extended to the ETJ. 724 S.W.2d 811 (Tex. App.—Dallas, 1986, writ ref. n.r.e.). In 1986 (the date o f the Lucas opinion), state statutes did not expressly address the adoption and implementation o f building codes by municipalities. The Lucas court based its holding on City o f Weslaco v. Carpenter, 644 S.W. 2d 601, 603 (Tex. App.—Corpus Christi 1985, writ refd n.r.e.). Weslaco involved the partitioning o f land into 128 mobile home rental spaces. The developer was attempting to avoid the applicability o f the subdivision statute by renting, rather than selling, spaces. The Lucas court cites Weslaco's holding on subdivisions that the "use o f the term is not restricted to the division itself but also encompasses development o f the divided tracts." 724 S.W. 2d at 823. The development o f the tracts in Weslaco referred to subdivision development only because there would be no construction o f mobile homes as there would be with site-built housing. While the Corpus Christi Court of Appeals held that the City's subdivision rules and regulations must be followed, there was no discussion in DEFENDANT'S TRIAL BRIE F - Page 5 99 Weslaco that the city would be authorized to extend its building codes into its ETJ. The Lucas holding that a general law town has authority under Chapter 212 to extend its building codes to its ETJ has been effectively overruled by the Supreme Court's Boerne decision. The Lucas supplemental opinion cites another Corpus Christi opinion in support. City o f Corpus Christi v. Unitarian Church, 436 S.W. 923 (Tex. App.—Corpus Christi 1985, writ refd n.r.e.). However, this case concerned the withholding o f a building permit within the municipality because Corpus Christi did not receive a requested right-of-way dedication by plat. While the court held that a city could require platting prior to building permit issuance within its corporate limits, there is not even a hint in the opinion that the court intended to authorize a general law town to extend its building code to its ETJ. Therefore, there is no precedent case law prior to Lucas supporting the proposition that Chapter 212 authorizes general law towns to extend their building codes to their ETJ. The Town o f Lakewood Village can provide no city services to the future residents in the subdivisions at issue in this appeal, and the Town cannot unilaterally annex these county residents. Town o f Fairview v. Stover, No. 05-01-01318-CV, 2002 WL 1981371 *2 (Tex. App.-Dallas 2002, no pet.) (not designated for publication). These houses and their residents will be served by the County, not the Town. The Town has no authority to apply its zoning or house maintenance requirements in its ETJ. Because Lakewood Village will have no authority over these houses and their residents (and DEFENDANT'S TRIAL BRIE F - Page 6 100 provide no benefits) after construction is completed, the Town should be estopped from applying the Ordinance to these subdivisions. 4. More recent changes in State law limit the application o f municipal building codes only to buildings within corporate limits. Since the date o f Lucas, the Legislature has adopted a state-wide building code requirement that limits its applicability within corporate limits. At the time o f the Lucas opinion, there were no statutes directly addressing municipal building codes. In 2001, however, the Legislature required all Texas cities pursuant to Senate Bill 365 to adopt the International Residential Code ("IRC") in § 214.212, TEX. LOC. GOVT. CODE ("IRC"): "(a) To protect the public health, safety, and welfare, the International Residential Code, as it existed on May 1, 2001, is adopted as a municipal residential building code in this state. (b) The International Residential Code applies to all construction, alteration, remodeling, enlargement and repair o f residential structures in a municipality." TEX. LOC. GOVT. CODE ANN. § 214.212(a)-(b) (Vernon Supp. 2002). Significantly, § 214.212 requires municipalities to adopt the IRC. It imposes a mandatory uniform residential building code, as opposed to merely providing an optional code that cities may, but are not required to, adopt. The statute expressly authorizes a municipality such as Lakewood Village to apply its building code to construction only "in a municipality," e.g., within its corporate boundaries. To imply that the Legislature intended to allow general towns to also apply their building codes in the ETJ would violate the holdings in M. Fitzgerald and Boerne. DEFENDANT'S TRIAL BRIE F - Page 7 101  Another indicia o f legislative intent was the introduction, but lack o f passage, of HB 609 (by Rep. Smith o f Tarrant County) in 2007. This bill would have expressly authorized cities to extend by ordinance their building codes to the ETJ. I f the Legislature's interpretation of state statutes was that cities already had the power to require building permits in the ETJ, then HB 609 would have been unnecessary. Further, it is significant that the Legislature has expressly stated its intent in other statutes as to when a municipality can extend its land use regulations to its ETJ. For example, § 216.003, TEX. LOC. GOVT. CODE authorizes a municipality to regulate "any sign within its corporate limits or extraterritorial jurisdiction." Similarly, § 216.902 authorizes a city to "extend the provisions o f its outdoor sign regulatory ordinance and enforce the ordinance within its extraterritorial jurisdiction." A home rule city may define and prohibit a nuisance "within the limits o f the municipality and within 5,000 feet outside the limits." § 217.042, TEX. LOC. GOVT. CODE. The Legislature has also enacted § 212.041, et. seq., TEX. LOC. GOVT. CODE which applies to development plats. I f a city adopts an ordinance under these sections, then any person who proposes development in the ETJ must obtain approval o f a development plat. § 212.045, TEX. LOC. GOVT. CODE. However, even under this statute, a municipality is not authorized to require building permits in its ETJ. § 212.049, TEX. Loc. GOVT. CODE. Extending building codes to the ETJ is excluded from this list of statutes. The Latin maxim: "expressio unius est exclusio alterius" means "expression o f one thing is the exclusion o f another." Cameron v. Terrell & Garrett, Inc., 628 S.W.2d 535 (Tex. DEFENDANT'S TRIAL BRIE F - Page 8 102 1981) I f the Legislature intended to allow general law towns to apply the IRC in a municipality and its ETJ, it could have done so. Because extending the building code to the ETJ is not expressly addressed by the Legislature, it is clear that the Legislature did not intend for general law towns to extend their building codes to the ETJ. B. Lakewood Village has no platting authority over the Sunrise Bay Addition, and its subdivision/platting ordinance therefore does not apply. Lakewood Village's sole argument that it can extend its building code to the Sunrise Addition and the Lot is based on the platting statute found in Chapter 212, TEX. LOC. GOV'T CODE. The Town, however, does not have, and never had, platting authority over the Sunrise Addition and the Lot. The final plat was approved in 1995 by Little Elm and Denton County. With this approval, Lakewood Village lost its subdivision regulatory power over the Lot. C. The statutory project is protected from the application of new city building permit regulations in accordance with the vested rights statute. The concept o f vested rights refers to those circumstances where the law prevents governmental interference with a landowner's partially completed development. David Hartman, Risky Business: Vested Real Property Development Rights - The Texas Experience and Proposals f o r the Texas Legislature to Improve Certainty in the Law, 30 Tex. Tech L. Rev. 297, 299 (1999). In passing the Texas vested rights statute, the Texas Legislature clearly intended to protect development rights similar to Appellants' rights in the present case at the expense o f municipalities such as Lakewood Village. The Texas vested rights statute became effective on May 11, 1999, when it was signed by Governor DEFENDANT'S TRIAL BRIE F - Page 9 103 Bush as an emergency measure, and was subsequently codified as Chapter 245 o f the Texas Local Government Code ("Chapter 245"). The purpose o f Chapter 245 was to reenact the vested rights statute previously contained in Chapter 481 o f the Government Code, which was inadvertently repealed by the 75th Legislature. When Chapter 245 was added to the Local Government Code by the 76th Legislature in 1999, the Legislature made several findings. Among those findings listed in the Sessions Laws enacting Chapter 245 is: Section 1. FINDINGS; INTENT . . . (b) The legislature finds that the repeal o f former Subchapter 1, Chapter 481, Government Code, which became effective September 1, 1997, resulted in the reestablishment o f administrative and legislative practices that often result in unnecessary governmental regulatory uncertainty that inhibits the economic development o f the state and increases the cost of housing and other forms o f land development and often resulted in the repeal o f previously approved permits causing decreased property and related values, bankruptcies, and failed projects . . (emphasis added) Lakewood Village's position that it can apply subsequently enacted regulations to previously permitted projects inhibits economic development and increases the cost of housing in violation o f the Legislature's statutory intent. A project that requires a series o f permits or approvals in order to reach completion is to be governed by the rules in effect at the time that the first application in that series is made to the appropriate regulatory authority: Each regulatory agency shall consider the approval, disapproval, or conditional approval o f an application for a permit solely on the basis o f any orders, regulations, ordinances, rules, expiration dates, or other properly adopted DEFENDANT'S TRIAL BRIE F - Page 10 104  requirements in effect at the time the original application for the permit is filed. TEX. Loc. GOVT. CODE, § 245.002. A permit is defined as a "license, certificate, approval... or other form of authorization required by law that a person must have to initiate, continue or complete a project." Id. at § 245.001(1). The statute expressly provides that "Preliminary plans and related subdivision plats, site plans, and all other development permits for land covered by the preliminary plans or subdivision plats are considered collectively to be one series o f permits for a project." Id. at § 245.002. In this case, the protected project is the subdivision where Bizios is building his house. The plat (initial permit) for the Subdivision was approved prior to the enactment o f the City's subdivision ordinance. It is undisputed that the City started requiring building permits after the initial permits for the subdivision were approved. As a result, the new regulations cannot be applied pursuant to § 245.002. The facts in this case are very similar to those in Hartsell v. Town ofTalty, 130 S.W.3d 325 (Tex. App.—Dallas 2004, pet. denied.). Talty, like Lakewood Village, is a general law town. After plats were approved, lots were sold and houses were under construction, Talty started applying its building code to the previously platted subdivision. It is undisputed in this case that Lakewood Village is attempting to apply its building code after the plat for the subdivision was approved, lots were sold and houses were under construction. The trial court ruled in favor o f the Town ofTalty. DEFENDANT'S TRIAL BRIE F - Page 11 105  The Dallas Court o f Appeals reversed and rendered in favor o f the homebuilder on his Chapter 245 claim. Id. at 326. In addition, the Dallas Court o f Appeals reversed the trial court's award o f attorney's fees to Talty and remanded the issue to the trial court for its reconsideration. Id. Subsequently, attorneys' fees were awarded to the homebuilder. The Dallas Court o f Appeals did not reach the issue o f whether a general law town could apply its building code in its ETJ. Id. at 329. Instead, the court held that the subdivision in that case was a protected project which prohibited Talty from subsequently applying its building code to new housing construction in the ETJ. Id. at 328. Just as in the Hartsell case, the Town o f Lakewood Village is attempting to apply new ordinances to previously platted projects in its ETJ in violation o f Chapter 245, TEX. LOC. GOVT. CODE. D. Lakewood Village's building permit fees are an unconstitutional tax. Whether the building permit fees imposed by the City constitute an occupation tax or a license fee depends upon the primary purpose o f the fee when considering the ordinance as a whole. Hurt v. Cooper, 130 Tex. 433, 110 S.W.2d 896, 899 (1937); City o f Houston v. Harris County Outdoor Adver. Ass'n, 879 S.W.2d 322, 326 (Tex. App— Houston [14th Dist.] 1994, writ denied). I f the primary purpose o f the exaction is for regulation, then it is a license fee; if, however, the primary purpose is to raise revenue, then the exaction is an unconstitutional occupation tax regardless o f the name by which it is designated. Hurt, 110 S.W.2d at 899; Harris County Outdoor Adver. Ass'n, 879 S.W.2d at 326. Lakewood Village's building permit revenues far exceed its costs to run its building inspection program, thus making this cost an unconstitutional tax. DEFENDANT'S TRIAL BRIE F - Page 12 106  III. PRAYER Bizios respectfully requests that this Court deny the Town's Application for Temporary Injunction and grant such other and further relief, both at law and equity, to which Defendant may be justly entitled. Respectfully submitted, WINSTEAD PC 500 Winstead Building 2728 N. Harwood Street Dallas, TX 75201 (214) 745-5745 - Phone (214) 745-5390-Fax By: /s/Arthur J. Anderso n Arthur J. Anderson State Bar No. 01165957 ATTORNEYS FOR DEFENDANT HARRY BIZIOS DEFENDANT'S TRIAL BRIE F - Page 13 107  CERTIFICATE OF SERVICE I hereby certify that on this nd2 day o f April, 2014, a true and correct copy o f the foregoing document was sent via electronic filing to the following counsel o f record: William Andrew Messer Messer, Rockefeller & Fort, P.L.L.C. 6351 Preston Road Suite 350 Frisco, TX 75034 /s/ Arthur J. Anderson ONE OF COUNSEL DALLAS_l/6263723v.l 56756-1 03/31/2014 DEFENDANT'S TRIAL BRIE F - Page 14 108  FILED: 4/4/2014 3:47:22 PM SHERRI ADELSTEIN Denton County District Clerk By: Joanna Price, Deputy Cause No. 14-01991-431 TOWN OF LAKEWOOD VILLAGE, § IN THE DISTRICT COURT Plaintiff, § § § v. § DENTON COUNTY, TEXAS § HARRY BIZIOS, § Defendant. § 431" WDICIAL DISTRICT STIPULATED FACTS AND ADMISSIABILITY OF EXHIBITS 1. Harry Bizios owns and controls the property located at Lot 84, Block 1 of Sunrise Bay at Lake Lewisville, an addition to the town of Little Elm, Denton County, Texas, otherwise known as 3950 or 3960 Spinnaker Run Point (the "Property"). 2. Mr. Bizios ("Owner") has owned and controlled the Property since June 7, 2013 pursuant to warranty deed no. 2013-69513 when he purchased the Property. 3. The Property is located in the Extraterritorial Jurisdiction ("ETJ") of the general law Town of Lakewood Village, Texas ("Town" or "Lakewood Village") and at all times material has been located in the ETJ of the Town. 4. The Property is located in the Sunrise Bay subdivision. This subdivision is partly located in the Lakewood Village ETJ and partly located in the town of Little Elm and its ETJ. 5. A plat was filed for the Sunrise Bay subdivision with Denton County on August 2, 1995. The plat was approved by Denton County and Little Elm. The plat has not been approved by the Town. 6. The Sunrise Bay subdivision plat was filed by Marcus Smith of "Properties of the Southwest." Bizios currently owns Lot 84. 7. Construction for a residential structure and a retaining wall on the Prope11y is being performed by Allan Hoffmann, LLC, as contractor and agent for the Owner. 8. Construction for the residential structure on the Property began around March 10, 2014 and is currently at the plumbing rough in stage. The Town has not approved a building permit for the Property. 9. Site plans were filed by the Owner and Contractor with the Town on Januaiy 27, 2014. 10. The Contractor filed a registration application with the Town on January 27, 2014. 11. The Contractor and the Owner did not pay a permit fee to the Town. 12. The 100 year flood plain is at the 537 msl elevation. 13. The Owner has not provided the Town the finished floor elevation at which the residential structure on the Property is being constructed. 14. The Army Corp of Engineers flowage easement on the Property is 537 ms!. 15. The federal goverrunent owns Lewisville Lake, which abuts the Property. 16. At all times material, the Owner and Contractor do not have a permit from the Town. 17. At all times material, the Owner and Contractor have not paid permitting fees to the Town. 109 The following is a list of admissible exhibits: Exhibit No. Description I General Warranty Deed 2013-69513 dated 06/07/13 2 Town Limits and ETJ Official Map 3 Denton County Map of Town and ETJ 4 Denton County ETJ Map of subdivision 5 Denton County Map of Contours 6 Denton County Appraisal District Records of Property 7 Plat of Sunrise Bay Subdivision 8 Site plans and Building plans and elevations of 3960 Spinnaker Run Point 9 Stop Work Order dated 03/13/14 10 Stop Work Order dated 03/14/14 11 Photographs dated 03/10114 12 Photographs dated 03/13/14 13 Photographs dated 03/14/14 14 Photographs dated 03/18/14 15 Builder's Registration Application dated 01/27/14 16 Flowage Easement 17 Denton County Commissioners Court Order No. I 0-0045 dated 01/26/10 18 Denton County Notice to Home Builders and Home Buyers 19 Town of Lakewood Village Ordinance No. 08-06 20 Town of Lakewood Village Ordinance No. 08-09 21 Town of Lakewood Village Ordinance No. 10-01 22 Town of Lakewood Village Ordinance No. 11-04 23 Town of Lakewood Village Ordinance No. 11-08 24 Town of Lakewood Village Ordinance No. 11-09 25 Town of Lakewood Village Ordinance No. 11-11 26 Town of Lakewood Village Ordinance No. 11-13 27 Town of Lakewood Village Ordinance No. 11-16 28 Town of Lakewood Village Ordinance No. 13-07 29 2006 International Residential Building Code, Ch. I and excerpts 30 2005 National Electric Code excerpts 31 Email between Linda Asbell and Alan Hoffmann dated 03/12/14 32 Copy of a map showing Little Elm and Lakewood Village limits. 33 US Army Corp of Engineer Consent No. DACW63-9-14-0533 34 Declaration of Covenants, Conditions and Restrictions Sunrise Bay at Lake Lewisville Section One 35 Application for Development Permit approved by Denton County 36 Elevation Certificate 37 Form Board Survey Respectfully submitted, 110 WM. ANDREW MESSER STATE BAR No. 13472230 ancly@tx mun ic ipaI law.com J ENNIFER W. DECURTIS STATE BAR NO. 24045767 jcnni fer@txmun icipa Ilaw.com BRETT GARDNER STATE BAR NO. 24078539 brctt@tx municipal law.com MESSER ROCKEFELLER & FORT, PLLC 6351 PRESTON ROAD, SUITE 350 FR ISCO, TEXAS 75034 972.668.6400 - TELEPHONE 972.668.6414 - FACSIM ILE ATTORNEYS FOR PLAINTIFF TOWN OF LAKEWOOD VILLAGE A~s~ State Bar No. 01165957 500 Winstead Bui lding 2728 N. Harwood Street Dallas, Texas 75201 Phone: 214-745-5745 Facsimile: 214-745-5390 aanderson@\vinstead.com Adam L. Plumbley State Bar No. 24056146 777 Main Street, Suite 1100 Fort Worth, Texas 76102 Phone: 817-420-8200 Facsimile: 817-420-8201 aplumbley@,vinstead.com Attorneys for Defendant Harry Bizios 111 Exhibit 1 112 J9513 **** Electronically Filed Document **** Denton County Cynthia Mitchell County Clerk Document Number: 2013-69513 Recorded As : ERX-WARRANTY DEED Recorded On: June 07, 2013 Recorded At: 01 :42:11 pm Number of Pages: 3 Recording Fee: $24.00 Parties: Direct~ LANGLEY KELLY 8 Indirect- Receipt Number: 1050348 Processed By: Jane Kline **********"**THIS PAG E IS PART OF TH E INSTRUMENT 00 ******** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. Ttl E. SrATE Uf TEXAS) COUNTV OF DENTON) I ~ucby ct.rlilJ' U.at tli.is lnatru..CJ\t wu r-ILED In t.h< Fllc tfva\u r u .qucncc- \In t.ht Jttcl•i•c 91r ~1c.1I •e1on, -.11d wu d1.1Jy RECOROEO V. tliie Olfici• I R•cou\r o r 0 1 nlon Cowity, Tu u . County Cl u k · (hniao Coa11ty, "Tu:u 113 Doc-69513 \soa L~ !3s+t2-- 1 NUTCCE Of! CONFIDENTfA LlTY RIGHTS: u· YOU Allli A NATUHAL l'JmSON, YOU MAYRli:l\iOVE ORSTlUKEANV OR ALL OlfTHR FOLLOWTNG lNli'OllMATION FROM At'iY INST RUMENT Tl:IAT TnANSFERS Al~ TNTEREST IN HEAL PROPERTY BF,)s or implied, has Grnntcd, Sold and Conveyed, nud by lhesc prc.sc11ts ITIONTOTHR CITY OF LITTLE ELi\I, DE NTON COUNTY, TEXAS, ACCORDING TO nm PLAT THEREOF RECOIWEO IN C;\JlJNET L, PAGE 22•1, PLAT m~corms , DENTON COUNTY, TRXAS. together with <111 improvcmcnls thereon, ifany, and all rights, privi leges, tenements, hcrcdilamcnts, righls of way, casements, nppendngcs nnd np[lllrlt.manees, in nuyWl\Y appertaining thereto, and all right, title and interest ofGrantor in nnd lo 1111y streets, ways, alleys, strips or gores of land adjoining thti nbovc·doscrlbed properly or uny pntt thereof (hcrcinallcr, the "Property"). This deed is c.xecutc1l and delivered subject lo all easements, t'CSl'rvnlions, conditions, covennnts ttnd restrictive covcnnnts ns the same appear ofrccord In tlle otlicc ofthe Co\lnty Clerk of the eo1111ty In which the Propei·ty is located. Page l 114  I -p- -·. ·-- .. ---.---- ·--, Doc-69513 TO HAVE AND TO HOLD the above described Property, together with all and singular the rights and appurtenances thereto in anywise belonging ltnto the said Grantee, his, her or its successors, heirs and assigns, as the case may be, forever; and Gran tor does hereby bind Granter and Grantor's successors, heirs, executors and administrators, as the case may be, to \Varrant and Forever Defend all and singular the said Prope1ty unto the said Grantee and Grantee's suc.:c.:essors, heirs and assigns, as the case may be, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Executed th;s !he _t day of ~-·(!..MA.- _ _ _ __ , 20~ 'R-Q ACKNOWLEDGMENT STATE OF TE~As § COUNTY OF j)(JJ}Jv.J § Before me, the undersigned authority, on this day personally appeare~LY B. LANGLEY Al"'ID KATHL ~. ~ N LANGLEY [check one] _ known to me or _ proved to me through ~~~~~-,.,,...,..._....~~~~ (description of identity card) to be the person whose name is subscribed tot ie foregoing instrument, and acknowledged to me that said person executed the same for the purposes and consideration therei n expressed. Given under my hand and seal of office this 1 day of ~L( , 2o_B After Recording Return To: HARRY .T. IHZIOS ~~y,5~ Page 2 CERTIFIED ATRlJE AND OOR.RttO'r OF THE RECCRo ON FILE IN ~om'o'l CYNTHIA MITCHEU. " ~ ~-~ )EN'l'O . #'tqL- NlYClERi{ _ __ DepUt.Y 115Cloitc Exhibit 2 116 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the Town of Lakewood Village Resolution 12~01. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 16th day of March, 2014. ~clo_~~ Li ili(Asbell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas 117  THE TOWN OF LAKEWOOD VILLAGl 1: , TEXAS 1u;:soL UTION NO. 12-0 I A Rl~SOLUTION OF TJ-m TOWN COUNCIL OF THE TOWN OF LAKJi:WOOD VILLAGF., DENTON COUNTY, TEXAS, ADOPTING AN OFFI CIAL TOW N MAP OF THf.: COJ1POl~AT E UOUNDARIF.S AND Tl-IE EXTRA Tl~ RRITORIA L BOUNDARIES OF TH E TOWN OF LAK EWOOD VILLACE, TEXAS. NOW, TllEREFOIU~ . Lm IT IH:SOLVEI> BY Tim TOWN COUNCIL Of Tl--m TOWN OF LAKEWOOD VILLAGE, TEXAS: I. That the map or lhc boumlariL'S or Lhl.! lO Wll limits and Extra Territorial Jurisdi ction Limits or the Town nr Lakewood Vill ngc presc ntl'd to the Town Council al thi.: Town Council meeting held on April 12. 201 2 is hereby adoptcd and approved as the oflkiul map or the Town or Lakewood Village, Tex•1s and mncnd s nnd replaces any previous offici al map of the Town or I.a kc wood \Ii IIage, Te:-.; as. 2. That the ori gin al or this map, attached as ex hihil J\, shall be maintained in th..: office: ol' the Town Secretary. 3. That the Town Secretary is hereby directed lo file with Lhc County Clerk ol' Dentnn County a ct.:l'li lied copy o f thi s Resolution and nmp. PASSED AND APPROVED by the Town Coum;il ol' the Town 111 or Lakewood Village. Texas this 12 day of April 2001 2. /\Tll~S T: 118 Resolution 12-UI Exhibit J\ TOWN OF L/\KR~IOOD VILLAGE OFFICIAL MAP ' '\ , Oak Point Little Elm City Limits Oak Point City Limits ETJ ) Little Elm I ETJ -+ La kew~o d Village ETJ ~ _. ,• ·· ' ,. , , / Lakewod Village ( Town Limits l \ .-1;; R ~so lutio11 I 2-0 I Pnge 2of2 119 Exhibit 3 120 DEP.ARTMENTOFTEcHNolOGY 5ERvlCEs 940-349-4500 701 KIMBERLY DR., SUITEA285 Fax: 940-349-4501 DENTON, TX 76208-6301 www .dentoncou nty.com March 27, 2014 Dear Sir/Madam, I hereby certify, in the pe1formance of the functions of my office, that the attached instruments are full, true and correct copies of the maps maintained by the Geographic Information Systems. The same appear of record in my office and said documents are the official records from the public office of the GIS Depa11ment of Denton County, Texas, and are kept in said office. I further ce11ify that I am the Manager of GJS Depaitment of Denton County, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of Denton County this 27th day of March, 2014. Rachel Crowe GIS Manager, Department of Technology Services Denton County 701 Kimberly Dr. Suite A285 Denton TX 76208-6301 940-349-4590 Rachcl .Crowc@dcnloncounly.com 121 Lakewood Village Mary Hom- County Judge Hugh Coleman- Commissioner Precinct 1 Ron Marchant- Commissioner Precinct 2 Bobbie J. Mitchell- Commissioner Precinct 3 Andy Ead&- Commissioner Precinct 4 • INTERSTATE --E}-- U.S. HIGHWAY -(!!}-- STATE HIGHWAY ~ FARMTOMARKET MAJOR THOROUGHFARES MINOR ROADS ttt CEMETERY RAILROADS t • ....., AIRPORTS --...--- STREAMS lAKES & PONDS City Population Denton> 100,000 Lewisrille 40,000- 100,000 Corintbl~ 39,91)9 -·- ~~9,999 N A NAO 1983 StatePlane (Zone 5351) Texas North Central Lambert Confonnal Conic N W ~ ~;z~~ E s 1 inch = 0.1 miles March 25, 2014 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Denton County does not guarantee the correctness or accuracy of any features on this product and assumes no responsibility in connection therewith. This product may be revised at any time without notification to any user. CONTACT INFORMATION LAHOllARKllAP GlS: gis.dentoncounty.com E-MAIL:: gis@dentoncounty.com DEPARTMENT OF TECHNOLOGY SERVICES DENTON COUNTY 122 Exhibit 4 123 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby ce1tify, in the performance of the functions of my office, that the attached instnunents are full, true and correct copies of Extra Territorial Jurisdiction Map showing the Sunrise Bay area. The same appear of record in my office and said documents are the official records from the p ublic office of the Town Secretru·y of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further ce11ify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a Lawful possessor and keeper of the cecords in said office. In witness whereof I have hereunto set my hand and affixed the official sea] of The Town of Lakewood Village this 26th day of March, 2014. 124  TRm~~JII ~.,,~.-. 1[ -.T::: - ' IHACRID CORRECT COPY OF TIE RECORDS OF "iME DENTON CENTRAL APPRAISAL illSTRICt TAX AGENT: PHONE: GROSSSQFT: NET SOFT: LINKED ACCTS: RECONCILED VALUE: RUDY DURHAM. CHIEF APPRAISER sv'Rd--c~ Ill SAL£·'t)'{7' ;,'SAl:J:::f-'tYP1f?iAAt'10\':;m·co :;:Flff /· "t,A$Q'Fl'\' s,--_-_•.::i,-_-_.__-•-,,·o _ ___ ___ ·,·:; : ..•_, -_FT,.-.____,.-_,:._,__- _-__-__ST_-),'.llP---------·_-_.___ .-____.__--._·,;·_,_.:;_:.-_·-,•_.:,-_•,:'.·_,·'._-,_-_._,___.·~- .- :--_..... _____;1_ _._- _ _ _._--""-- - -__,_-: ._-.~,_-_,_-_·_:_-_:_·_-_· -- 7''0RANT0i:t\CL' :\/C<'.} ''''•'''CO'NSIO\<;: OEe:o'· \'"l)Ea)•'1NFCf' "'.'i'/'- ·-:"\'---::-: ;; :~-J:,,;,;;;J;.~ "·""· .:-_-_- L!'!:i:tl:CE.:.: :·:-:,,'.::,';-.~~co;~~::.·;;;;;,;,~i:cS'.~t~M ·-·~ '"' -- .- • ~- ~ ~- ~ __ &., _ ;-:I;;~;:::~c~:.::&;;-::22-:::.~::;;::.::>!~L ~-;-;-;~_:,:;;;; -----\ :c~---:~::: ":~';,:,;,_L--<:;;·;•;:': !:~·;;:2;:L(~' 06/07/2013 650,000 CL I CONV 0 YR 0 0.00 LANGLEY, KEUY GN 2013-69513 • 06/26/2006 LI, XU WO 2006-77041 02/03/2005 BONNER, DAVID WO 05-13294 L!". )>t:_S_CFJIPT_l~~ .. .., ___ • -TYPE, ;--so1c.:: ;·Cl..S TABLE _ .. _.sc . Hs· - ::'!:)tu_~IONs ;'-"'NIT:~C;E, ~J-; M_~s'~J- VAL.SAC-, MKT,VAL- l.11 _AOJTy~E. '>,.oo_Af81'.'.>::~-_%::, AG AGUSE ;AG_T~L.E. AGUNIT'f'RC -AGVALUE 1. RESIDENT LOT a ""L.:SNo10'c5 N 2.5000 AC 1.35 5.50 1.00 A 474 430 1. LVIEW 550.00 N 0.00 ___o 474,430 0 131 Page 1 of 1 Effective Date of Appraisal: January 1 Date Printed: 03/26/2014 02:32:27PM by rogerh True Automation, Inc. Exhibit 7 132  OWNERS CERTIFICAT,!.ON NOW THEREFORE KNOW ALL MEN BY THESE ~RESENTS• STATE OF TEXAS COUNTY OF DENTON THAT, PROPERTIES· OF THE SOUTHWEST INC, OWNER, ACTING BY AND THROUGH ITS VICE PRESIDENT, MAR.GUS SMHH. tlUL Y AUTHORIZED TO SO ACT, ODES HEREBY·l'fDOPT THIS PLAT DESIGNAl!NG TRE HEREINABDVE PROPERTY AS ' SUNRISE BAY A'f LAKE LEWISVILLE', AN ADDITION TO DENTON.CD.UNT't, TEXAS, AND DOES HEREBY D.EDICATE. TO THE PUBLIC USE FOREVER THE STREETS ANO EASEMENTS SHOWN ON THlS PLAT FOR TflE MUTUAL USE ANO J'lLL THAT CERTAIN TRACT DR PARCEL OF LAND BEING SITUIHED 1N. DENTON COUNTY, TEXAS,. BEING A PORT10"1 THENCE SOUTH 04' 25' 32' EAST, 157. B5 FEET TO A GOVERNMENT MONUMENT FOUND•· ACCOMODATIQN OF ALL PUBLIC UTrLIT!ES DESIRING TO USE OR USING SAME. ANY PUBLIC UTILITY SHALL HAVE THE RIGHT rO REMOVE AND KEEP OF THE OR. W. BREASHEARS SURVEY, ABSTRACT NO. 1634; .ANO THE J. KING SURVEY, ABSTRACT NO. 718. REMOVED ALL DR PAIJ,J OF ANY BUILDINGS, FENCES, TREES, SHRUBS OR OTHER IMPRO.VEMENTS OR GROWTHS WHICH IN ANY WAY ENDANGER. OR INTERFERE AND THE WM. H. PEA SURVEY, ABSTRACT ND. 11'44, AND THE DAVID M•. CU~E SURVEY, .ABSTRACT NO. · THENCE SOUTH 51'4G'08' WEST,_ 149°.83 FEET TD A GOVERNMENT MONUMENT FOUND1 WITH THE CONSIBUCTION, MA.INTENANCE DR EFFIC!.ENCY OF IlS RESPECTIVE SYSTEMS ON ANY OF 1f1ESE EASEMENT STRIPS AND ANY !'UBL!G UTIL,ITY 226, BEING A PORTION OF THAT CALLEO 315. 6. ACRE TRACT AS DESCRIBED. IN VOLUME 383, PAGE· 69 OF DEED SHALL, AT ALL TIMES, HAVE THE RIGHT OF INGRESS AND EGRESS TO-AND FROM ANO· UPON THE SAID STRIPS FOR THE PURPOSE OF CONSTRUCTING,. RECORDS OF DENTON COUNTY, TEXAS, AND BEING. A PORTION OF THAT CALLED 30.363 ACRE TRACT AS THENCE SOUTH 21'55'56' EAST, 243.71 FEET TO A GOVERNMENT MONUMENT FOUND• DESCRIBED IN VOLUME 614, PAGE 399.0F THE DEED RECORDS OF DENTON COUNTY, TEXAS, BEING FURTHER RECONSTRUCTION, INSPECTING, PATROLLING, MAINTAINING ANO ADDING TO.OR REMOVING ALL OR PART OF ITS RESPECTIVE SYSTEMS WITHOUT THE DIOSCRIBED BY METES AND BOUNDS AS· FOLLOWS• . THENCE SOUTH 0'4" 53' 49' WEST., 369.66 FEET TO A GOVERNMENT MONUMENT FOUNDt NECESSITY AT ANY TIME OF PROCURING HIE PERMISSION OF ANYONE. BEGINNING l'>T 5/B' IRON ROD WITH CAP SE"F IN THE SOUTH LINE OF lHE DAVID M. CULE SURVEY, THENCE.NORTH 38"21'36' WEST, 491. 89 FEET TO A GOVERNMENT MONUMENT FOUND• ABSTRACT NO. 226. l\T THE NORTHWEST CORNER OF THE WM. H. PEA SIJRVEY, ABSTRACT NO. 1044, SAME BEING THE NORTHWEST CORNER. OF SAID CALLED 315,6 l'>CRE TRACTt . . THENCE SOUTH 19"02'58' WEST, 28Z.ll9 FEET TO A GOVERNMENT MONUMENT FOUND1 THENCE SOUTH B5"18'5:1'. EAST ALONG· THE COMMON LINE OF SAID CULE AND PEA SURVEYS. 1935,13 THENCE SOUTH 53' 13'24" WEST, 367.65 FEET TO A GOVERNMEN·T MONUMENT FOUND1 FEET. TO AN 1/2' IRON ROD FOUND• . WITNESS·MY HAND. THIS , 1SISl5. THENCE SOUTH 54"14'25' EAST, 330'.49 FEET TO A GOVERNMENT MONUMENT FOUND1 THE-~)__/ ___ DAY OF;~/ THENCE NORTH 02'42'00' EAST, 34.57 FEET TO AN 1/2' IRON ROD FOUND• WEST IN THENCE SOUTH 18'31'1~' WEST, 198.45. FEET TO A GOVERNMENT MONUMENT FOUND• THENCE SOUTH B4' 30'1!.0'' EAST, 421.17 FEET TO AN 1/2' IRON PIPE FOUND• THENCE SOUTH B0'27'10'' WEST, 162.24 FEET TO A GOVERNMENT MONUMENT FDUND1 THENCIO NORTH 99· 24' 0!if'. EAST, 22:1. 12 FEET TD AN l/ : 95-R00457'34 DALLAS, TEXAS 75240, (214) 458·2173 THENCE SOUTH 85'02'31' WEST. 217.40 FEET To· A GOVERNMENT MONUMENT FOUN01 VICINITY MAP Doc/T)'pe : PLA UTILITY PROVIDERS• N. T.S. Record1n![: '38.00 TELEPHONE• SOUTHWESTERN BELL T.C. ~ B. JOB NO. 45-94008-203 Doc/Mgmt : 6.00 307 NORTH KENTUCKY STREET Receipt II: 21161 MCKINNEY, TX- 75069 Deputy - CASSY ELECTRIC• D.C.E.C. 3!5lil1 F.M. 2181 SHE.ET 1 OF 4 : ,..~- CORINTH, TX. 76.21!5 0:..J ...::--,c-. .::-~::- :=. -:-::-,-=-=-.:=.=============::;:::::;_=.:;;:;;::::._.=_;:=_=.==::::==_::::.=.=.=:_::::.=::;:::::::===.=..:;._;:;_..:;:=...:=... ===;;:;:::::;:::;::::;========::::::===========;::::===:::;:::;::::;;:=::;:::::::::;:;::;::=======;;;;;;;;;;;;;;;.;;:;::;;:::::l'"""u 133 -it===::=.=._=.-= ...===:;:================-~-- - '"-· ~ -~- -- -  " ----------- I l 1--- Il S 84-30-00 E 421. 17 173 ' 172 1.03 AC ~;' !.lo AC 171 iii !.24 AC 135 z [§] [§] !. Hl AC w"' 2011l 411ll1l 51irn 611l0 1-1 141 SCALE 1" =200' 1... 1 1.14 AC 142 137 1.0S AC 11 !. l'l AC • gi 1... 1 1.22 AC 140 163 1.53 AC .. 144 1.31 AC4' 1~30 AC _. 2 1-1 .• 1... 1 !.03 AC I N248 . "·--·1·~ -·· (;() 7 1.47 AC 1. 0;3 AC 8 1. !! AC 179 215._se 1.0S_ AC-7 13 1.24 AC J-1 215.Be. 14 l.3e AC [§] 119 1.02 AC 22 !.35 AC 19 !.2! AC 7' ( J) - ID 18 15 . (\[ 120 1.25 AC 1.52 AC w ·1.01 AC •• 1-1 - j ; ,< ;•Al $ 1-21 l.01 AC 151.' •'!)$. 1. 04 AC . " 122 153 I "" I 1.0'1 AC' 1.ss AC [§] 155! 154 1.$1 AG ., !.Sq AC [!!] f I,,. I 123 1.01 AC - . " c;; •• ~·- 124 1.02 AC 42 • 1.04 AC GENERAL NOTES• 125 1.03.AC- i !. ) TH~RAOIUS ON ALL BLOCK CORNERS rs 20.00 FEET UNLESS OTHERWISE NOTED, 39 NMG: I 2. l ALL EASEMENTS ON LOT LiNES ARE CENTERED UNLESS· OTHERWISE NDTEO• 1.10 AC 3. l A 20 FOOT UTILITY I SLOPE EASEMENT AOJDiNING ALL RIGHT OF' YAYS IS HEREBY ~ ( ·~·~· . .r~ /lfAff4J'f£11/JUVtlT OF Db4114'~1Jr-'ts 11,..,P fa.c= OEO!CATEO. A 10 FOOT SIDELOT U.E. / D.E. IS HEREBY DED.!CATEO. ' 43 . 4. l ELE.VAT!ONS REFEfiENCED TO N.G.S. DATUM SITE B.M. • eRASS DISK l!ONUl'IENT ' 126 l.15 AC '.;13 1.03 AC !.B7 AC ()lfi.t1•ill"t:.F /JltPUlfif~eAff"S WfT1fi/1" 111£ /J/1Afl'f~£ .STAMPED F q47 1q4S N 540426.228 E 2161833.063 EUSVATIDN 576.40.· · [§] 5.l U. INDICATES UTILITY EASEHENT• W.L.E. INDI~Tt'S WATER .·ff NO /Oil tfflUO/ E"M'1146AJfS 9#1f"AJ ON 11115 LINE EASEMENT! O.E. INDICATES DRAINAGE EASEMENT! 8.L. INDICATES BUILDING LINE S.E.. INDICATES SLOPE EASEMENT. If ""'" P""'f' /lerr 11/L us"1Alsr&ll.d'I rlf.£ IAIQtfflDVllL tf 6.) THAT PROPERTY SHOWN HEREON WHICH rs SITUATED 'BETllEEN THE 537 FOOT GONTOUR- 44 CMEAN' SEA LEVEL> ANO THE BOUNDARY OF LAKE LEWISVILLE RESERVOIR, .~/. 127 l.50' AC IS SITUATED IN FLOOD ZONE Al5 (100 YR. FLOOD) PER FEMA MAPS NO. 490774 0150C, ~ 1. 03 AC DATED [!/;;'3/qJ, AND ND. 480774 0225C, llATE;D q/14;q0, ·._,-.t H ""·) _.,. I \;, ;> PttoPeutl fJIV'VUS AN° 1 ~ f.YM71.V &ovl'Vr'/. THIS PROPERTY IS ALSO S!JllJECT TO .AN EASEMENT RESERVED IN-A QU11CLAl:M DEED REC'D -47"1. 71 r-~'< I '--·r<·E''"·-~ ·-, ·': ~ JN VOL. 483.PG.444 o.R.tl.C.T.- JN THIS DEED THE u.s;A~ RETAH!S THE ·PERPETUAL RJGHT TO ~t: 1l!f i j) ·J l LL~ FLOOD THAT PORTION OF THE PROPERTY stLOli THE ELEVATION OF 537 FEET (HEAN SEA LEVEL. l !'""'> r ,,-_ _._,,. (·~· "''~ 7.l THE OEVEl.OPHENT OF INOIVl.DUAL OliNERS SHALL NOT Bt.OCK ANY TRIBUTARY 'RlmFF. ''.L,~·.....,.-: 45 e.l LANO USE OESIGNATEO AS SINGLE FfiHILY RESIDENTIAL. 12$ !;85 AC q, l A.O.E. IS HERE!lY DEOICATED FROM 2" FEET DN ElTHgR SIDE DF THE CENTERLINE OF 1.134 AC · ANY. ANO ALL CREEKS, GULLIES, RAVINES, DRAWS• SLOUGHS, DR OTHER NATURAL DRAINAGE COURSES LOCATED IN SAID PLAT ARE HEREaY DEDICATED TO.JHE PUBLIC As EASEMEN'TS POR DRAINAGE PURPOSES. ALL COMMON GREENS ARE ALSO HEREBY DED!CATEO AS DRAINAGE EASEHENTS FOR PRAINAGE PURPOSES. MATCH LINE 10. l THE AVERAGE PERCOLATION RATE VARIED WITH DISTANC.E HAVING A RANGE OF 40 TO 120 MINUTES/INCH, ' 1~55 AC1q 1-1 80 Ill 200 400 500 S00 ' . 1. 71 AC ~I~~I --1 1...---1 51 SCALE 1"=200' ;, . 1.50 AC c; •' :'',,: I• I ><. ('} :..;J . .,,, '40'0.£:. N28'l ~ 5.5 74 s2l 1.41 AC ~ 1.41 AC 1.37 AC 71 ~• 2.18 AC 58 1.32 AC COHMDN GREEN NO. 5- I 85 3.4'3 of:IC> 1.40 AC a> 1... 1 "'• I ;(' T _., j "-. ..L t8 I l\l I 86 1.41 AC "' I 1-1 ;x; I 60 8'l *"'"'i- 1.06 AC 1.14 AC z ,--'I"" '·,./ 61 'l4 ("'1''\ l.ll3 AC 1. 14 AC ., ' c·r~_; 'l3 1.30 AC '· ' w LEGEND Filed fo~ Reco~d in: DENTON COUNTY, TX \/I L_,L HONORABLE Til'I HODGES/COUNTY CL'ERK CD BLOCK DESIGNATION FINAL PLAT 011 Aug 02 1995 llt 9:04am SURVEY LINE~ Doc/Mum ' 95-R0045794 SUNRISE BAY 1 538 I M!N. FINISH FLOOR ELEVATION Doc/Type : PLA AT LAKE LEWISVILLE Rec-i58·1'£ 12 12..ee. t-Z?-46 "t7ilrU: 111 61.<12 'Sl3-IJ2:·04V ,. 1 is~::m 23-23-17 ~:- ~-~3$ t~:: l3 S.11-M·34V 172 311,.43 s 0-!5<4-34-W 11 138.67 26-28-~ 300."'1!:. N:'{S:53-f1E 137 ."43 14 47.U '"""' - 17.'11 '!it - f ')'"liH 21i1.00 116 32:. t:l Jf.St-t7-00~ 10 32.'1.M 37·4°6-il5" -sw.Blil sn-12~23E. 323.1.!:S 3!..42: 90-02!-00 .ze.oo !77 l;il.,41 S-£!·54--3-fli 34-~2:<; av.210 SE>a-a1--eaE ~.76 l• 14 17-111 51:-{<;-e+ ,. ... !711· 6'11.'31 S11-t:3'-"l:4]:.: •• 17 ...... 31-1116"-lli:I ..-.a,- -OOG- t5>-53E: 321, 1513 ,. 2'1.75 85-13-11 2-'1:.90 179 f7lf'A1 a Ji!-E+-34W 18 2-43.J;>') """·"" .,,........ 299.a.r s12-.m-s1£ Z?S·eq >! 32.1-3 ~.f--27-YE'., is• 126. 71 S3'3-~6'4W !~ '412. 11 118·iD-4a. ,...... N73·-1'4--4BE a:-42.qf) 11• .q1 ~l-1'3-0'4 2:i:J. i:Ji:J_ 1"1 101.31 S li!l..:lllil-i0E 21! '4-7.12 qjii-00-il!J 38~1i1Q 544-05-261.:'r 42.43 r 23 "' .f3.2'!1 41~15-11 s1-1<3.:a.,.. sa.-es 20~.gs- "32 16<)~02 S'Z3-10-- l0E S41!1-15-2'lE 2! 31.'4.2 t1.2.. 1s 9'.'1-llM-ueJ 12•07•3'11 Zl!l.-W- 530.9'! P14!5-64-3-4E l't2S-5S~1 IJE ..... 111.'J& ~ • 1' a-< 17.<131· ,.. 0.73 32.,13 N51·27-00W 5.7~ Ji.14~·45·2.'N ""23 51.5riJ 6::::16-3'1 471J.9'! ~C!-53-+46 51.-47 •• 11.~ ·t"'-85·42- 52-8.-"li!I 185 "" 159.82 H29-18·1'1V 2< 1<13.1~ 5+·59-"8 Zil. ll!IB - N2el•#•lir.5V 19.46 I ~· 2' 32:.BS- ooq-ae,..zew j .. ... N.71 ·25•17E .,. ~.at 282·26-3'1 SilaOO- 5"16,..512·22£ 2tll.<4'l 3' 17-':ll 5-1-i--15-eaE oo.1_i; s4s~10--9211 e< appticable Standards or 2.)All joists and rafte- Reviewing Authorities and Agencies. Unre$tricted access shall s 11. be provided lo them during normal wor1ttn oompleled and accepted. and roof deck attac:IYM:nts have been com~1ed and all / AS LEFT/ RIGHT ELEVATIONS permanent bracing has been inslaned. A6 ROOF/ PLAT PLAN 8.)lf atrt unforeseen problems or conflicts are encournered in GENERAL CONCRETE NOTES • A? CROSS SECTIONS the course of cpnstruction, for which an immediate solution Is Sl FOUNDATION / PLUMBING 1.)Do not use f.oundatlon outline plan for actual construction.. S2 ROOF FRAMING not apparent. the Engineer and OWner shall be notilied. Foundation documents musl be drawn & sealed by a registered 53 DOOR/WINDOW SCHEDULES engineer. Peskuski Home Oes.ign assumes no responsibility for Dl CONSTRUCTION DETAILS 9.)The Contractor shall be responsible for removing any existing S1rvc!Ure$. fences, debri$, or trees that are located within the slab strength or integrity. I El E2 FIRST FLOOR ELECTRICAL SECOND FLOOR ELECTRICAL boundaries or this l'fOiect. unless otherw;se noted on the plans. 2.)Concrete shall have a minimum compressive strength of i 3000 psi al 28 days. Reinlofcing steel shall Ila ASTM A615 ' ~4-ais lo match end lap ~I)> Installation. horizontal reinlofce1t.1 """' 1:4;t1-a•;.:W!i):x\·"1 ,.,·x;.u,, ,.,,,\.,, OU ~ILLNIOcl NOH 'H~DIVNi'ilcIS 096~ ~ '::::! I0 6 :<: r.urnu 1>1sm1s:•1<1 ~ ~ ~ m8:i1<1 i-< z e;i ~ fil:)NctlUlSfilU SOJ'.llll ~ i-< 2:'- ,..... Q OHd AN VdJ!\10~) NNVJ!\1!IJIOH NV'IV (/) w .J Ci w• ...J -Q'. ~~ p ' ) ~b~ z2 >- (g UJO -> ~o WUJ ...Jw WQ'. "- o• ~ .,., ,..... "1 Jfe _gj§ ~~ ~~ ~ ~,e.!i (fl <{ l : / ... x #/ ./ / ...J <>' 0 .,<> .,-.·•" \ r ; rn 0 / .: :: II I I. 140  Pr~INNO. 7134 11,-05/13 NOTES: 0 I a. ... ...._ "'°"1r>J11............~40J.,.. """""'.. "' FIRST FLOOR .. -·----- AREAS LIVING ~\ FIRST FLOOR A/C / 553& j SECOND FLOOR A/C ( 1 3&! { LOFT I 229 TOTAL LIVING ~ ' GARAGES 2 CARS &lB 2 CARS 61B SHOP 221 PORCHES ENTRY • GATE 1 75 ENTRY· FRONT DOOR 1 23 PRIVATE 82 BACK SNGLE VOLUME 471 BACK DBL VOLUME 505 I GARAGES/PORCHES 2813 ;;:!;,;;~R:F;?. }7iF,==::;::=:~';=:'!i"fiit.__,.;IL_ _ _J___llAlllns1at/arfons TOTAL UNDER ROOF ~ TOF/oiatn .Su • 1...____.....i) , mS?ect~""fJANNO. NOTES: I. COMPLY \.'m'HM.L $TAT!,~. Alf/Jt.OCA.l 7134 9UllDING COOES, OftOOW.ICESAHJ REGUlAT10NS PERTMllHO TO CONSTRUCTION. 2. CONNICTWAT!R. GAS.N«J B.l:CTRIC ll'ES TO EXIS'nNG UTUT"IE$ ~ ACOOACW«:f' Y«TM LOCAL aTY ISl.ll..D9NG OOOES. IF NU0m. DA'fl~ 3. MMUUM ANISlitO 'lOOR n.IVA'ftOH:WU.11 AT lfAST 2' MIOY£ MN1M1..1M FEW!. 100 'l'£AR R.000 El.EVA.TION,ORMNOTEOONSITE. •.AU '°°n.tGS TO!XTENO mowGIW>E llt05/l3 .,...MUUAS P£R lOCAl 000E AT KAAIHG WM.LS. INT9t'OR 8EARWG FOOTINGS 6"' INTO NA.1\JAM.~ UNt£$$ OTtERWISfZ NOTED. S. l!Xtt.RIOlt WALL$ r xr sTUOnw.ttNG v~ ~SA&stu:CTm. l.IH'lli:RIORWM.1.$ 2'"X4"\"oU00$1\JO\'YITH SMttt'ROCKFACE, EXCEPT WH£Ftlt 5HO'Mf A$&"' WAl.L FOft P\.UUSING $UPP\.Y MOVEHT'$ z i 1. \.'IHf ALL PlUMlHG STAOCS TOREAR:Olf HOUR 9 ~ ~ • t. HENXR HOGHTS SHCWIN AltE TOP OF 'WIHOOll ~ 1 r ( HEIGHT$ ~ I ,tl ~~~1~~~ 0 - ..P. :gd ,'fl' ~....,,..ICINSANOSCAl.EON<.YJoCQMATf.F ~,. ~ v PlOTTEDON2..-X:WPA.GE. ~r 11,~Hf.ADER IClGHT$ TO MATQ4 ElOWSUNt.£$$NOT£0QTHERWI~ I :6 ~i tZ. OIMEUSIONS S.HO\"M MEASt.IRE TO STUl WALL• - :: g Tl4ClMPl.Y 'MTH ALL $TA1', OOUH1Y. NC> l<>CA&. I BUIL.OINGCOOES, ~NfO A!GU.ATK»IS 7134 P£RTAJNIHO TO OOf\ISTRUCTlON. ---------»-r - --=J- - -1r..--- 2. ~ECTWATER. GAS. AHi) fL.ECTRIC L.KSTO ~nNC:UftmJ:~l'./A~'MTM lnt"J.l """ ·d Cl1'Y BUIU)ING 000£$. 1F NEEDa). 3. M£MIMUMFINISIEOfl00REUVAnoNWU.8i,1.1 11.\'l'F. ~I LEA$T 2"' MOYE ...._........ ~ tOO'i'EAR Fl.000 ELEVATION, ORAS NOTED ON SCTE. ---- ~i- ri §.... 4M.I. FOOnNGS TO £X1'ENO 8a.OWGAADE UA>5113 M1HM.M ASPER LOCAL CODE ATBEAAING WAU.$, M'EFllOR BU.RING FOOTINGS 6"' INTO • iii 1,I HAT\IV.L GRACE. l.N..E$$ onlfRWISI! NOTED.. 5. EXTCRIOR WALLS 2'" X r ST\.IO FRAMING Wln1 \ OININI \ltNe£FtS AS SEt..Ec:rm• - CU.tfOCM • t..ltC.f. EXCUT WHERE! SHOWN AS&'" •4'·~·-~ =- ::c••• "{. 1\ WALL FO't PU#.181NG SUP9lY ~VWTS -...:.~ .... .....~-· -.... I 1, V!NT AU.P\.UM61No'.l$TAOCSTO REM OF HOUSE ,-. ' "\._ a. HEAOEft HEIGHT'S SHOWN AA£ TOP Ofl WN>OW . -~Jr t. PERSECT'Kltf907..2.11. tECSMQKE """""' DIT(.CTO't t.OCATIOHS SHO'Mf CN Q.CCTJUC.Al. 0 .I -;tl"'~l PW<. 10, OIMENSfOKSl\NOSCALEONl.YACCUAAl'i:F '._ =~:;:,:..-- PLOTI'ED ON 2C"X3V PAGE. .r .'t ~-"'·"' 11, WHb<1W H!M>Ut HIEtGHtS TO MATCH .,,~ . ,.....,.\.Wl,..D £X1$11NO WINDOWS UNL£$S HOTto QlHEAWtSE. I I' . I ~.1 :-:.~ 12. DIMENSIONS SttOY<1'I MEASUR£ TO STUD WALL· ~ MVEHUltS.F0011HG$. SHU'1"RIOCI<. . _Jl ·"------"=~ nc. HOT..0.1.CED. Q. + . WA,J 1 rrpca fi!6:--YS?? = = I I :nuceo.,• 'S*'8TIJOY ...' " I .~ --;:::a::;;· ~-·4 I I~ FIRST FLOOR - K..-- PLAN S<'AT;li~3/1Cl"- 1' ------------r---------------~-------- --- ~..- ------ A-2B __., . --'.---__L_~ 143  l'f,,\N NO. NOTES: 1, COMPl..V wtTH ALL STATE. COUH'TV, ANO LOCAL. 8l.&OINO COOES. ORDttW«:UANO Rf.OlAATlONS PERTAINING lO CONSTAUCnON. 7134 :l.C:ONNECTWATU\. OAS, N'40 o.ECTRIC t.N$ TO EXISTING UTIJTIES: ~ ACOORDAHCE WITH LOCAL CtrV BUii.DiNG C00ES. IF Wl!EDED. 3. ~ FNSHm FLOOR ELEVATION WU &e Al l.EASl r MIOVEJrMHIMW F(Jr.IA 100 'l'ENl A.000 Tlil'l'fll llSVAnDH. ORAS NO'l'E>OH stnL l .AU. FOOTINQS TOEXTDI) IB.OW GAA0E .-NJMAS PERt.OCALCOCJI! ATMAA:IHG llt05/l3 WAL.LS. 1NlliRIOA BEAA:lNO F{)OTlHGS C" INTO H4TURAl CRAOE UN..£$$ OTH9lY«$£ NOTED. S.. txT!RlOR WAIJ.$ TX r STUD '7tMUNG wmt VEHEERS AS sa.Ec:rr!>. I, INltRIOR WAU..S 2" X. o1· W000 S1U) W'lfii SHEETROCK F~ EXC£PTWHElt£ SHC'J'Mril A.St>"' WAU. FOO PUJ~G SIJfPlV AMOYOillS z 1. vafT AU.PLUM81HaSTACKS TO ~Of' HOUSE. I. HEADER HEIGKTS SHOWN AR! TOPOI WHX1N 9 ..~ ~ """""' t. PER SECTION IQ7.2.11. t llC SMOk£ ~ "~ OETEc:TOR LOCATIONS SHOWN ON 6.ECTRICA.l 0 ....... 10. ~AHOSCAL!OMLYACCUR.A.T!_. ~~ ~ PLOTTED ON 1oi"X3e" PAGE. ::; 11. WINDOW HEADER teGHTS TO MATQ4 .-, ,.ii!~ ~ .,, exJS'nNG WINOOWS !JNt.n;S HOTtD O~SIL ~ 3 :t 12. ~SHOWN MEASURE TO $1\IOWAU. • TMCICNESS OF VENURS, FOOT\NGS. $ttEE'TFtOC!<. I ITC. NOT NCLUOlD. ::; H ~ ~ ~ Q. ::i..... ~ WAIL nee:; :.r. ,;ry<; ..? ;;c....,.. -~' "' ~ s;&;XN;i! a1uoa.c I ~ II I' l ' ! -t ~ISCN --=~ow ~ i ~.' . ~ ~ < ~~~ oE-< oz~ ,. --. ~ 0 ooP ~s~ BQOR P\,AN Dl§CU.IMEB ntr:Gelll!"°C.COMT~Ob'latW.4~»0 .,.,,..,TMl~O#.-UM . . . . . . . . ,....o~ ~i OIF n«-.OOQll.e.TSllH0.9W.L ~fl(_1KUtoQ rlOW! OOIQIOIFNtf~NCl.Oll~IWOllTO 'IM.$TNITO/FCONJTIIUC'nDJC.l'QICUPQ~OltlC*MJ.M .,,_ t;i ~ l.i.NDAM.MOr , ll'f.a"lfQ. fl«QfNEJW. co llO'l'lf:IOl'IATM,) ......... ... ____. 1#"1Jlf&w.l.lilt1111MM --- ,M.ICl.\'t..AAOM'f'*M.M.1 TOOCJHT1'0l.T'ISOIJ/IUt'f °'=:.=r~.., _....... ...... ..... ~s~ ........... n:tYOI 1#1-0WIWCV _. ~CQ ~ ~...-JIOSAOCOOU Mlt lM'llLP'OfrCllllUTOFnEGOCN&.~'tTO PlllO'lm.Nfr~ICCEUM'l'TOT'9tifAllUNOll' Ml~O'!Mtll!llOJICT.l'tilCu!llOKlr.11!000. Cl:> -------------·-i r/ OCDfllOTHllCA.TlflO(:...,_V,,,,,OV.CT~ ~ ~ ~ -- -----------·-------.···~ ..... _____ ,;··" -· SECOND FLOOR SHENJ' PLAN SCALE: ~116" - I' ...-. A-3 144  1'1,,\NNO. 7134 ll.\TIJ 11,-05/13 .--·······-· m "-· -·~~§ FRONT/NORTH ELEVATION ELEVATIONS 1 SCATiF~ 3116""': J' A-4 145  PT~WNO. --~~ ... 7134 OATI~ 11;()4113 LEFT/EAST ELEVATION ICll ICll ICll ICll ICllICll All fnStaflalJans Subj To Flo1d ,,,._,_ llCl ~r ' . . -,-. .,. SHEIDT 1 RIGHT/WEST ELEVA'J. ION A-5 146  = PT,.~NNO. = 3 :1 z 7134 ' °'1'12 .... 1r l>ATF. 11,-04/13 j' ... • : 12 0 .~-·~~~~ I 0 .:.:12 .....~~····~·~ I D J J ROOF PLAN SC'A.L F"J: 118" _ I' LAKE LEWISVILLE RESOVDIR ' " .c11 . e 9 • PLAT PLAN SCALF..: I"_ :30• A-6 147  l'lu\NNO. 7134 11 _-j 11 l r>ATI» I 10130113 I J L ,, - 7: ~ :r. ~ - ". 0 - ".,,e ~ ~ FIRST FLOOR I ~ s - .,,. - i (f. 0... :::: ;;;;, ~ ~ !: ~ >- z ....- -::::,..., ""' ~~ ;;;J ~v =- z oz /"'"'\ ~~ 9 zO z ztij :;:) ,.,.. <~ - ~~ :.::: :::J ;.;:;;.. 00 ::i ~ o < ~ o~ ::r:: I.: CJ) z~ -°"' 0 L~ < C; ~ ~ < ' ; SECOND FLOOR i SITENI' t .....-..-···-·: ..../ DOOR/WINDOW SCHEDULES S-3 i.................... SCATiE: IS' - I' ····--·--···" 148  Pl "\~l\I). 7134 11.\'r1<: 1H l5/13 ,: I , t z ·~ ~ ~'.-- '? ... ~ ••~;-J..:" ::: "~ :'• 0 ~ ?: ~ ;;::; )! .. o ~ I :fl ~~ ~ ~ £ ;; ~ o_ :5:n :==: ~ ;{.\ £ ::" ~ z~ ST~ OV ~ ~~ L ~ o ~z~ c.,., ~ 0 c ~ Q..; =! y = Z~ z ~ ~ (/) ~....... • e...o•C'I' ~~ ~~ EL£CTRICAL Sl"1'T'lM 0R0UH0 TO 8E ""O'V-.>EO PM Nee. ART, 250-f1 o~~ COHVl'.NENCe OUT\.E'TS IM GATHAOOM!., tcm::HEN OQl.Hl'eRTOPS V•TTHIN $1X FttT OF THE~ SH(, OUTDOORS. J.N> IN GNU.GU .AHO aA.SEMENT'8 ~~ ~ (OTHIER nwf FOR l.AUNDftY OR; SIMI.AA tOUIPMEHT) S1w.t. N Gf-Q MOTliCTm, IEC, ART. 2 1o.t, Tl1E nECmlCA&. Pl>H(Sl INCWOED tH TWESE DOa.IMENTS ls.wt! W'l'DOXO A$AGl.a.OHl.Y, T11E.~CC>tlTAAC10R81.11lJJERSHMJ..~AU El.lCTRICAL SER'Ya. _,,STM.LATIOH.AHO nEl.OCATIOHOF M..c SWITCHES. Cf> Fll('1\llH, E l ...······- ····---------------.... . ~ g ~· ::r:. E .~i::. T ~ .L ·-----·---·-·-·-·-···-t ,...., - - - - - - - - · · · -· · · ~r ___-'·C~ ~ -::::::: ~o ~~~ r -· ~ oz 0 - ~ r.nb isz ~::i:: ~~ r.n~ 00~ ~s~ L~ r~~ Cl ~ ELECTRICAL 2 SHEE'l' SCA [,Ii]: 3116" - l' E-2 150  Ct:> llGO'fl!i,(j:"!.l):X\'11 U'.Mt~('tM)~IMll 11I nu ITTJ,N:roa Nnu u~n:rv~rra s 096~ ~ ~ s I :o'\'X;U.,.\'"l' l\'11 .,.-( z co ~ l\ !) l ~'':tl11rn11 I ~1!41 l>l!·;'.llcl ~f:)N~I (JTS~H 80JZHT ~ < < .,.-( ;::.: ~ i c- ..... ~ OHd ANv~u~OJ NN\~i\ill&OH NV'IV m [ Dl DJ\ [I] DJ ~----.-iltn CD D D 151  SO!Z!8 f""l)d SOXOl ' WIJ •ill!1 UM!j JO~OUU!dS 096£ ·o ..... s , .,,... . . . . . ~SON• l :111,t9 tQ :.01 ---JI.-~ aNV•.L• a:>UOP!SO~ G}OA!Jd ~WI UUOWJJOM UOfV ® • l I ill· c: r!ft~I 'lo 0 ~ l"I a. g~ ,, s !'.t '\' " ~~ c- ~J ~i&: 0. t ~! ~1:. ..... ·1 .... ~~ i .... Ii ~ ~L_ ~ ,I .1 ~1'?. ~ i ; " ~r "'i ~I .r I ~ ;ftti ~... ~,, I --- - ~--r $~~~i;~l:; ~H ~~ 1;1;1;~ ~~ ~~~ :;i;,nssnn~" ~ '~ e; l - - - - - - - \, h ~l!~ ~ ~ mi ! "n" ....... . - - - - - - - - - = 1'! i ' ----.. -~ -... -.. ---.----.-......-... --... -,. -• ipl• W N " "" - • • • • • • • 1J ti H~ ..."". ".-.t>.ie.:..:.iaaiii:tat ~ ~ Q •• II ~ f ~ =~ a a ; :It g • Q x s ~ • ~~~~~ ~~~ • ' s a l! ;; g f1 ·~ lj lJ at •'1- a ~ o\lat\Jiia""illl}Ji.;.ii.13iQ;Ji~fl r.. 2 ! @ \.SJ Column Footing ""' ~- 13_1_'40 _7_9--I ~ @Memote Perimeter Grode Beam 153 Al·•~• ~"'-'IW_U.,. _ _ _ _ 1_... .,....,....~..,,. ! ......- - . -~...,~1-J ___._._.,._ --- SO!l~S 1"'1 ,.t SD••1 'WIJ •mn - ;;~ " ' ~ ~ t.l!J 0 tV"~·J. ) ''~ ill.II'~~ i.. ~. ~ ~· ~ ---- UO!j JO~OUU!dS 096£ ,,, , "'. , l ·1" ta:101 <-- -····-···-- ti!~UapJSO>~ a}Ofl!Jd -., t r ;ii, )lt) \JUOWJJOH UOf9' / T' 154  i I I 1, o . . _ .. M1J.._J9:;~.......,- I ...,.,......, __.....,_..,., .,.._..,....... _ Ott>U ........ ~ ,,_ 1:1Jt.11C).c.... - - · ........ · - ........_ - ______ ----·r.-KL .. . . . . ,._.,.. ......___ __ .... ..,._I.Oil,. ........,,,.._ _____ .. _,. _..,.,r.,, ..,. ,r .... ,. ..,.......,,_,....., ......... 11 ,.... _ _ i.. ..... . .,, . . . . . ...,.. -.-_ II I ! i t ="i'i!~=:.::::.--=.: l' ! --~"'°-......,. ,~_.._ ...... ............. ., .. . ..._ ____ ......._.._ . .... .. . ~ ,,_.J # '" l,illill......_...._ t·i• •.--r •_.. ~('lt­ _ ,_ I i' ,,v..,.... ... - .,, .. _.....,. Q_... _ _ .. J,. ........ \IO, I II J i. ::1-:.i; :-u::....-:::~·-== _,. ,v~ .... .....,._,.,, .. .. .. ~ - ._~~-"I). c . - - .............. "" _......,...., I II .. ..-i.•....t • k fl~ ~......-. , .,. .,_._...,.,_ ... . ~; __.... ....___......_ _.......____.,,.,_. I I '' I .. · - · ..... 111 ... ...... _."""vt :-::::..=::::.::::""".. - · ~ I II i ~ :..-;:.~:;: ::::o.. - .. - 1 • ._,......, .. ,,c..i..Mf"'tlr•- - r- ' ! i; . •s •o ~ >. IHI~=- : ~e ,,, ? ; ~·1 •i .. I" ~ i ~· .· II \l'tf JI -' D1 p lzt, ;~ ~ .' I~/~ ~t .I f.~ II I! ii j ' I! jih ll.J_--3~ 1· i.il! t ·h!~ i ~ !£ lri . Ir --~ ' ii M1n:ipoot""'3 c I! St'lftl~.,.1U1 ~ ~---er { 200!llRCRoq_ , &f"l(IClpl:t1dOcd1ri,V'OC"' e ~:~~ 5~ go! 'i .§~ .~ E 8 : ~ tt ~w :E ~ All lnsl:!ilotlons Subject - 11'- Ql ~ To Aeld lnlpectlOno 111<1 a.~~~3 g: lrlspoctor ~ffl ~~ ,..,::; ~ - '.'.? \ I ;.,, • '~· 3£'. . ~ ·,.~ x1.:rj: 0 ~ ::]1~ I(:-; ~I . • ~* i ~1 h e• " / t FR ,. : / /' 2 [ / . ,I :j,' 1314079 ' 155  SO!Z!0 t ~ t\C1 .1 11• .~I • . ~ l .,, •' $Ox&j 'Wl3 •lllll V°:V\~ tt' tll, "'"="',..• 1~1 Un!J ;•~OUU!dS 096l: l "'1•J \rQ ., , ,)~U~P!Sa.ij a1D/\!Jd uUOWJIOH \.10"1' 156  Isl floor Told liolo 0..ris ~ , . . . . , . . . . . . . - - . .... MIJti.t; .... ...... W . . . . . . . . '"' Gct094 ..... •"' ~ ar..... si.. . . . (CCill) v 114.., *'4nl ~......, ~ ..... ._~. 0.1l~tS' ....... ,,,,.,.._.~ ..... :.- ........ 8'.0.CUAA•..._ f'et ...... ,,.......... ,..... .. 12'ti- Q.t U..'4 ~ _,,. ... . . . . . , . , . . . . , . . . tc ...... Olll..W•~• .. __ i ·~sa,,... .......... ,,,.....,.,,11'..,.., ................... ' fl ....... UJlQ. .,... .ncd - .... ~~'f/JMdlfttf1t_ . . .., . . . . . ·--~-- . . -W'l. "* ...... Wf'IW\••~~ ... .... ~ ... ~ ........... ,........__,,,, ~ ............ ........ .... ............ ,. .. ~.., ..... . . ., ... eca....,.n ....... _...._., , , l. ~""'-1-L . 0 0 a I I l1J :,OJ -~-;== .... 6' .... S~.ar Woll Ott~n Cclcu'°UoM • t.toifl Hous~ .. ....... ••-<'4 ._ ~ tirrilc• ..... (llJ ~1'1) ....) 00 <""'->M ,.,...... -*-Wtocoltd.,tMol,tifOC'tlllli.UHO. IJ'lllwf-'lc.,i 1.ikwtlnq~~' ol~t'ldci!Mlt«'-oll~lltlll(IO \l"l""'olwnims._'lfOf-.ltndbotl. ~ I J I 2 ~:to ... ~ ~,. ~ cg_, ~~~~~~~~~~--"CIJ ! 7=· _,.. ft-; -/ -- 7·~ r4-'~ ~c .--i 0 -1 ~~~~~~~~~--~~~~~~~----'CC I 4'..t'f •<>r I .,, ..... 14-.•1.eoc I <-oC I ~T :-'"« l'I -- ._._ I - I ,.... I '.. .... µ-·· ,., 11.:-. ,...... :• « llll lnslali0\10ns Subjact TaFllld~onootld l(lo' .. _,. ,, "" rn lnSl)OClor l\pplollOl .., ··- I I•;.,._ I ..... I 10.1r- I II~ ., , . . . . . t< QC H I ,5,.,. ........ , . _ . . 2..- oc I ··- I """' I "" 17.0ot lu~e:ro: ...._I -~ I I S•C ,,....,,. •M ... ..... SW// ' / '2 ! 2nd Floor Pion - Shear Woll Pion :.;.· 1314079 158 Exhibit 9 159 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the Town of Lakewood Village Stop Work Order dated March 14, 2014. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that 1am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March , 2014. 160 161 Exhibit 10 162 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) [ hereby certify, in the performance of the functions of my office, that the attached instruments are full , true and correct copies of the Town of Lakewood Village Stop Work Order dated March 13, 2014. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. [n witness whereof I have hereunto set my hand and affixed the officfal seal of The Town of Lakewood ViJlage this 26th day of March, 20 J 4. 163 164 Exhibit 11 165 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the photograph taken of 3960 Spinnaker Run Pt. dated March 10, 2014. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014. L~ell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas 166 167 Exhibit 12 168 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) 1 hereby ce1tify, in the performance of the functions of my office, that the attached instruments are fuJJ, true and correct copies of the photographs taken of 3960 Spinnaker Run Pt. dated March 13, 2014. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014. Linda As'beU, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas 169 170 171 172 173 174 • • - • ·ii 175 ~ ..' ,, ' 176 177 178 179 180 Exhibit 13 181 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the ftmctions of my office, that the attached instruments are full, true and conect copies of the photographs taken of 3960 Spinnaker Run Pt. dated March 14, 2014. The same appear of rec01"d in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. T further certify that T am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014. 182 183 184 185 186 Exhibit 14 187 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby ce1iify, in the performance of the functions of my office, that the attached insh·uments are full, true and correct copies of the photographs taken of 3960 Spinnaker Run Pt. dated March 18, 2014. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. Jn witness whereof! have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014. LilldaASbell, TRMC, Town ~ecretary Town of Lakewood Village Denton County State of Texas 188 189 190 191 192 Exhibit 15 193 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instrnments are full, trne and correct copies of the Town of Lakewood Village Builder Registration for "3960 Spinnaker Run Pointe". The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that 1 am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014. ~ol DYdr-J,.9 o_Q ~ell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas 194  BUILDER REGISTRATION APPLICATION /\ ! ;/ BlJll.D EH INFOliMATJOO :~:~:-:::::t:-Ad_ iM~ I 1-1-E~_J__A~c...~~ ;~~/*:y:fr _ . _~ _ vlAt- r~ !LJv. ) llllll,UEl ~LJ-/J ~UUJ~-,4,t;-foc_....,_ , - ------ l'llONEll ~:f~~~)~~ti_MEMBERSllll'll. -~:; . -AS!aL!ifrJ-;;J ~ 6-1/J~IL?.--~- - - l'llONE/I 1Pd~~b-df?--ME1v1n1msH11'11 _ _ Z/~-y_~~- - - PROPERTY OWNF,J!SJNFOHJ\·IAI10N PROPERTY OWNEI~ /-IAAJ OWNERS 1\DDnESS & TEl.El'HONE/I ADDIU:SS OF llOME TO IJlt: BUILT ELEVATION GIHJUND Fl.OOll LEVEL TOTAL SQUARE FOOTAGE Page 4 195 Exhibit 16 196  DR VOL OO_±?~PAGE 144 J l ______JJ_O L STATE OF TEXAS ) ) COUNTY OF TARRANT ) ·~- :, ....... { QUITCLAIM DEED _.,""- 526 . 'KNOW ALL MEN BY THESE PRESENTS: That the UNITED STATES OF AMERICA, acting by and through the Secreta:r;y of the Apny, under and pursuant to the powers and authority contained in Public Law 85-500, approved 3 July 1958, party of the first part, for and in consideration of THIRTEEN THOUSAND FOUR IIDNDRED TWENTY EIGHT AND 17/100 DOLLARS ($13,428.17), to it in hand paid by Joe A. Reeves and wife, Ruth Gossett Reeves, party of the second part, the receipt of which is hereby acknowledged, does by these presents bargain, sell, remise, release and forever quitclaim, without warranty, express or implied, unto the party of the second part, their heirs, representatives and assigns, all that right, title and interest which the party of the first part has or may have had in or to the following described property situate, lying and being in the County of Denton, State of Texas, to-wit: A Portion of Tract E-424 A tract of land situated in the County of Denton, State of Texas, being part of the Wm. M. Pea Survey (A-1044) and the John King Survey (A-718), and being part of a 161 acre tract of land acquired by the United States of America from Joe A. Reeves and wife, Ruth Gossett Reeves, by deed dated 13 August 1953, and recorded in Volume 390 at Page 493 of the Deed Records of Denton County, Texas, said 161 acre tract being designated as Tract No. E-424 for Garza-Little Elm Reservoir., Texas, and being more particularly described as follows; From the northwest corner of said Wm. M. Pea Survey, south 60°40 1 east, 540 feet to the point of beginning, said point being the most northerly northwest corner of said Tract E-424; Thence south 81°25 1 east, 917.8 feet to a point; Thence south 66°25 1 east, 530.3 feet to a point; Thence south 80°13 1 east, 138.5 feet to a point; Thence south 23°11 1 east, 478.1 feet to a point; Thence south 79°59 1 east, 190.1 feet to a point; Thence south 11°17 1 east, 604.8 feet to a point; Thence north 43°45 1 east, 140 feet to a point in the east boundary line of said Tract E-424; Thence along the common line between said Tract E-424 and the tract of land acquired by the United States of America from J. C. Olsen and designated as Tract No. E-429-1, south 00°50 1 west, 265.8 feet to a point;· Thence severing said Tract E-424 as follows: south 86°50 1 west, 139.0 feet t,o a 1 11 .:±rm pin; north 51°24 1 west, 100.3 feet to a 1 11 iron pin; north 22°23 1 west, 445.0 feet to a 1 11 iron pin; north 28°05 1 west, 342.0 feet to a 1 11 _._iron pin; north 34°22 1 west, 278. 7 feet to a 1 11 iron pin; north 55°45 1 west, 323.0 · feet to a 1 11 iron pin; south 83°57 1 west, 294.6 feet to a 1 11 iron pin; south 41°00 1 east, 422.4 feet to a 1 11 iron pin; south 20°44 1 east, 268.0 feet to a 1 11 iron pin; south 13°48' west, 160.8 feet to a 1 11 iron pin; south 73°49 1 west, 347.4 feet to a 1 11 iron pin; south 25°01 1 east, 426.5 feet to a 1 11 iron pin; south 18°06 1 east, 534.6 feet to a 1 11 iron pin; south 38~33 1 west, 514.3 feet to a 1 11 iron pin; north 62°38 1 west, 557.4 feet to a 1 11 iron pin; south 88°23 1 west, 114.6 feet to a 1 11 iron pin; south 04°07 1 west, 90.0 feet to a 1 11 iron pin; south 71°271 east, 130.6 feet to a 1 11 iron pin; south 29°22 1 east, 349.8 feet to a 1 11 iron pin; south 30°29 1 east, -.393.6 feet to a l" iron pin; south 26°17 1 west, 300.8 feet to a 1 11 iron pin; south 32°53 1 east, 93.0 feet to a 1 11 iron pin; north 32°38 1 ·: east, 182.5 feet to a 1 11 iron pin; north 53°49 1• east, 331.5 feet to al" iron pin; north 80°35 1 east, 653.3 feet to a 1 11 iron pin; south 82°051 east, 226.5 i'eet to a 1 11 iron.pin; north 22°21 1 west, 163.3 feet to a 1 1' iron pin; north 53°57 1 east, 432.6 feet to a 1 11 iron pin; south 24°05 1 east, 275.4 feet to a 1 11 iron pin; south 80°03 1 east, 212.0 feet to a 1 11 iron pin; south 13°19 1 east, 182.8 feet to a 1 11 iron pin; south 13°41 1 west, 209.0 feet to a 1 11 iron pin; south 85°04 1 west, 217.4 feet to al" iron pin; south 04°49 1 east, 158.0 feet to a 1 11 iron pin; south 51°20 1 west, 149.4 feet to a 1 11 iron pin; south 21°51 r ·east, 243. 6 feet to a 1 11 iron pin; south 04°301 west, 369.0 feet to a 1 11 iron pin; north 38°29 1 west, 492.3 feet to a 1 11 iron pin; south 19°03 1 west, 281.8 feet to a 1 11 iron pin; south 52°55 1 'west, 368.0 feet to a 1 11 iron pin; south 54°15 1 east, 330.0 feet to a 1 11 'iron pin;. 197 I '  DR VOL 00463 PAGE 445 " VOL 463 PAGt445 south.18°28 1 west, 198.0 feet to a 1 11 iron pin; south 80°431 west, 'J.60.0 feet to a i 11 iron pin; north 59°221 west, .326.8 feet to a 1 11 iron pin; south 15°41 1 east, 425.2 feet to a 1 11 iron pin; south 60°37 1. west, 166.6 feet to a 1 11 iron pin; north 80°08' east, 180.0 feet to a 1 11 iron pin; south 43°40 1 east, 1.3-1.0 feet to a 1 11 iron pin; south 25°00 1 east, 100 feet to a point in the co~on line between said Tract E-424 and the tract-of land acquired by the United States of .America from T. H. Purnell and designated as Tract No. E-415-3; Thence departing from said severance line, along said common line, west, 255.0 feet to the northwest corner of said Tract E-415-3; Thence along the common line betweeµ said Tract E-424 and the T. H. Purnell property, south 82°00 1 west, 120 feet to a point; Thence north 21°36 1 west, 157.6 feet to a point; Thence north 65°32' east, 469.9 feet to a point; Thence north 43°11 1 west, 529 .. 1 feet to a point; Thence north 81°57 1 east, 488.4 feet to a point; Thence north 39°07 1 east, 1508.1 feet to a point; The~ce south 78°41 1 west, 482.4 feet to a point; Thence south 60°40 1 west, 388.9 feet to a point; Thence south 42°01 1 west, 504.6 feet_to a point; Thence north 26°47 1 west, 422.2 feet to a point; Thence south 53°06 1 west, 977.5 feet to a point; Thence south 06°53 1 west, 396.2 feet to a point; Thence north 46°44 1 west, 237.3 feet to a point; Thence north 21°11 1 east, 1081.8 feet to a point; Thence north .35~52 1 east, 492.7 feet to a point; Thence north 68°49 1 west, 682.1 feet to a point; Thence north .30°10 1 east, 623.1 feet to a point; Thence south 57°41 1 east, 848.4 feet to a point; Thence north 06°20 1 east, 619.4 feet to a point; Thence north 51°25 1 west, 592.3 feet to a point; Thence north 53°40 1 east, 628.5 feet to a point; Thence north 50°35 1 west, 1346.1 feet to the point of beginning, containing 108.25 acres, more or less. Subject to the following: · (l)· There shall be reserved to-the Government the perpetual right and easement to occasionally overflow, flood, and submerge the herein described lands below an elevation of 537 feet, mean sea level, there being 59.70 acres, more or less, lying below said elevation. (2) In connection with the above reserved easement, no structure for human habitation shall be constructed or maintained on the herein described lands below an elevation of 5.37 feet, mean sea level. . (J) With respect to said land and in connection with.the above reserved rights and easements, the written consent of the representative of the United States in charge shall be obtained for the type and location of any structure and/or appurtenances thereto now existing or to be erected or constructed · below an elevation of 537 feet, mean sea level. (4) ·There shall be reserved to the.Government the perpetual right to maintain mosquito control and to enter upon the said land for this purpose below an elevation of 537 feet, _mean sea level. (5) Existing easements for public roads, highways, public utilities and pipelines. TO HAVE .AND TO HOLD the foregoing described premises, together with all and singular the rights, privileges and appurtenances thereto in anywise belonging, unto the party of the second part, their heirs, representatives · . and assigns forever, subject, however, to the restrictions, reservations and conditions hereinbefore set out and any existing encumbrances. IN WITNESS WHEREOF the party of the first part has caused these WilberV. Bruck&r presents to be executed in its name by ~ Sec.r£>1!R.i:>v ~:[ the Army this.2o~~y of' 19~b. ( ' UNITED STATES OF .AMERICA . -~uR&~.e~ Wilber M. Brucker . . Secretary of the .Army . - B'l'A'l'E Oli~ ViRGINIA ) ) SS COUNTY OF .ARLINGTON ) BEFORE ME, a Notary Public in and fo~ the State of Virginia, CountY. of :~ .Arl~ngton, persbnally appeared ~~:)u~ , to me . and officer whose name is subscribed:ter the known . to be . the identical person . . foregoing instrumen~ .. and acknowledged to me.that he executed the said instrument for the purpose and consideration.iherein . . expressed and in th; 198  DR VOL 00463 PAGE 446 i- VOL capacity therein stated and as the act and deed of the United States of .America. GIVEN UNDER MY HAND AND SEAL "OF OFFICE this _ _-.,,c.)..:::d;...;:~~.;__-- day of ~.J/4- 19£!. NOT.ARY PUBLIC IN AND FOR COUNTY OF .ARLINGTON, STATE OF VIRGINIA State of Virginia M.yC~mmissi~n EXi)ires J.7 -Sept .. lQG~. _ FILED FOR RECORD: 19' day of~:~ A•D.1961 atL(j :/O o'clock RECORDED: By: p?S-day of:/, ~ -(?~ ~'A.J. Barnett,Clerk County ---..:. • .M. A.D .1961 at7".· t> o o'clock C1 M ~~~--~=::::='.:::::::::::::::::::'.:'.'.".::::::::::::::::=·=:::::::::::=D~e~put "= Court, Denton Coun!y. Texas 111 199 Exhibit 17 200  10-A Denton County Commissioners Court __J~_n_26, 2()10__ Date \Q rC045 Court Order Number The Order: Mary Horn Abstain No Absent Commissioner Pct No 1 Yes 'ji_ Commissioner Pct No 2 Yes )( Hugh Coleman Abstain Ron Marchant Abstain No No Absent Absent c_oJJJmlssioner Pct No. 3 Yes 'h_ Cgmo:dssJQ11er_PclN_o .4 Yes ~ Bobbie J_ Mitchell Abstain Andy Eads Abstain No No Absent Absent Motion Carried 5 -Q - 0 Other Action: Pulled from Consent No Action __ Postponed __ BY ORDER OF THE COMMISSIONERS COURT: ATTEST: Assistant District Attorney /' .- ') ~ ., Oerilun County_-.· -', , _, p. 165 or 220 ----------------~-----'----·---· 201  RESOLUTION APPLYJNG SUBCHAPTER F. CHAPTER 233, TEXAS LOCAL GOVERNMENT CODE, TO CERTAIN RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREAS OF DENTON COUNTY - BEGUN AFTER FEBRUARY I, 2010 WHEREAS, the Texas Legislature passed HB 2833 during the 81" Regular Session, codified in Sections 233.151through233.157 of the Texas Local Government Code, to provide for the health, safety and general welfare of all Texans through home construction standards in the unincorporated areas of counties, and WHEREAS, the citizens of Denton County desire the construction of quality housing and wholesome living environments for its citizens living in unincorporated areas. NOW, THEREFORE, BE IT RESOLVED, that we, the Commissioners Court of Denton County, in accordance with Section 233.153, Texas Local Government Code, order that construction of a new single-family house or duplex on a vacant lot begun after February !, 2010, in the unincorporated areas of Denton County must conform to either the version of the International Residential Code published as of May 1, 2008 or the version of the International Residential Code that is applicable in the City of Denton, Texas; and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.153, Texas Local Government Code, any construction of an addition to an existing single-family house or duplex, if the addition will increase the square footage or value of the existing residential building by more than 50 percent, begun after February I, 2010, in the unincorporated areas of Denton County must conform to either the version of the International Residential Code published as of May. 1, 2008 or the version of the International Residential Code that is applicable in the City of Denton, Texas; and FURTHERMORE, BE IT RESOLVED, that notwithstanding the above language and in accordance with Section 233. 153(c), if the above described construction occurs in the extraterritorial jurisdiction of a municipality that has adopted a building code for the municipality's extraterritorial jurisdiction, the building code adopted by the municipality controls and building code standards under Subcbapter F of Section 233.153 of the Texas Local Government Code have no effect in that municipality's extraterritorial jurisdiction. FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.154(a), Texas Local Government Code, a minimum of three inspections must be performed to ensure substantial building code compliance in the construction of a new single-family house or duplex or the construction of an addition to an existing single-family house or duplex begun after February l, 2010, in the unincorporated areas of Denton County. The three required inspections during the construction project, as applicable must be performed at (l) the foundation stage, before the placement of concrete; (2) lhe framing and mechanical systems stage, before covering with drywall or other interior wall covering; and (3) completion of construction of the residence. For remodeling construction to an existing residence in which the structure's square footage or value will increase by more than 50 percent, the iµspection requirements must be performed as ,'.,'·;!.' Resolution -Certain Residential Construction in Unincorporai~ Areas of Denton County· Chapter 233 Tex. L-OC. Gov't Code ·Page I of3 __________________....... ~::~_',..~·~ . ------------------ 202  -· -·,--~~--·---------------------~ necessary based on the scope of work of the construction project. The builder is responsible for contracting to perfollll the required inspections with (I) licensed engineer; (2) a registered architect; (3) a professional inspector licensed by the Texas Real Estate Commission; (4) a plumbing inspector employed by a municipality and licensed by the Texas State Board of Plumbing Inspectors; (5) a building inspector employed by a political subdivision; or (6) an individual certified as a residential combination inspector by the International Code Council. A builder may use the same inspector for all the required inspections or a different inspector for each required inspection; and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.154(b), Texas Local Government Code, a builder perfolllling construction of a new single-family house or duplex or the construction of an addition to an existing single-family house or duplex begun after February I, 2010, in the unincorporated areas of Denton County must, prior to beginning the construction project, provide notice to the Director of Public Works/Engineering. The Denton County Commissioners Court prescribes the Notice of Residential Construction in Unincorporated Areas attached to this Resolution as the required Notice. The notice must include (I) the location of the new residential construction; (2) the approximate date by which the new residential construction will be commenced; and (3) the version of the International Residential Code that will be used by the builder to construct the new residential construction, and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.!54(c), Texas Local Government Code, not later than the I 0th day after the date of a final inspection, a builder perfolllling construction of a new single-family house or duplex of the construction of an addition to an existing single-family house or duplex begun after February I, 2010, in the unincorporated areas of Denton County must submit notice to (I) the Director of Public Works/Engineering and (2) the person for whom the new residential construction is being built, if different from the builder, stating whether or not the inspection showed compliance with the building code standards applicable to that phase of construction. The Denton County Commissioners Court prescribes the Notice of Residential Construction Inspection Compliance in Unincorporated Areas attached to this Resolution as the required Notice. HUGH COLEMAN, COMMISSIONER PRECINCT I Resolution-Certain Residential Construction in Unincorporated Areas of Denton County· Chapter 233 Te.. Loo. Cl<>v't Code - Page2of3 ---~ ... --....,.,--------------------- 203  OMMISSIONER AITEST: Resolution-Certain Residential Construction in Unincorporated Areas of Denton County- Chapter 233 Tex. Loe. Gov't Code • Page3 of3 204 ---·-···············--------------------------- DENTON COUNTY NOTICE OF RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREA BUILDER/ CONTRACTOR INFORMATION BUSINESS ADDRESS: MAILING ADDRESS (IF DIFFEREITT): PHONE NUMBER: FAXNUMBER: _ _ _ _ _ _ _ _ _ _ CONTACTPERSON: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ PROJECI !NFORMAJION TYPE OF CONSTRUCTION: (CHECK ONE) C ] New Residential Consfruction on Vacant Lot [ J Addition to an Existing Residential Unit LOCATION ADDRESS (INCLUDINO ZIP CODE}: OR LOT AND BLOCK# _ _ _ _ _ _ _ _ _ __ SUBDIVISION: _ _ _~--------- SURVEY: - - - - - - - - - - - - - - TRACT: - - - - - - - - - - - - - - PLANNED DATE TO BEGIN CONSTRUCTION: - - - - - - - - - - - - - - - - - - - - - - - RESIDENTIAL CODE TO BE USED IN CONSTRUCTION: (CHECK ONE} [ JINTERNATIONAL RESIDENTIAL CODE ·published May I, 2008 [ ] INTERNATIONAL RESIDENTIAL CODE- applicable lo Denton AUfHORIZBD REPRESENTATIVE SIGNATURB PRINTED NAME DATE 205  DENTON COUNTY NOTICE OF RESIDENTIAL CONSTRUCTION INSPECTION COMPLIANCE Received IN UNINCORPORATED AREA Permit# !NSPECTQR INFORMATION BUSINESS ADDRESS: MAILING ADDRESS (IF DIFFERBNn PHONBNUMBER: - - - - - - - - EMAJLADDRESS: - - - - - - - - - - - - - - - - FAX NUMBER: ----~---- PROPESSJONALltEOJSTRATION (TYPEAND#j _ _ _ _ _ _ _ __ PBOJECT INFORMATION DATEOFINSPECTION: - - - - - TYPEOFCONSTBUCTION: (CHECK ONE) LOCATION [ ] New Residential Construction on Vacant Lot ADDRESS: - - - - - - - - - [ ] Addition to an Existing Residential Unlt RESIDEIIT!AL CODEUSED JN CONSTRUCfION: (CHECK ONE) [ ] INTERNATIONAL RESIDENTIAL CODE-published May I, 2008 OR LOT AND BLOCK# - - - - [ ] INTERNATIONAL RESIDENTIAL CODE- applicable in Denton SUBDMSION: - - - - - - - - CONSTRUCTION PHASE: (CHECK ONE) SURVEY: _ _ _ _ _ _ _ _ __ [ ] FOUNDATION STAGE (before placement of concrete) [ ] FRAMING AND MECHANICAL SYSTEMS STATE (before covering TRACf: _ _ _ _ _ _ _ _ _ ~ with dcywall or othor interior wall covering) [ ) COMPLETION INSPECTION CONCLUSION At the indicated stage ofconstruction, theproJectindicate.d above is: (check one) [ ] IN COMPLIANCE [ ] NOT IN COMPLIANCE with the residential code used in construction. COMMENTS: SIONATIJRE OF INSPECTOR PRINTED NAME DATE 206 ·---- ·~--~,~·' ___... ___________________________ .., ~.~----· 10-A AGENDA PLACEMENT MEMO DATE: Jan 22, 2010 · TO: Commissioners Court FROM: Bennett Howell SUBJECT: Resolution - Residential Construction in Unincorporated Areas of Denton County REQUESTED ACTION/RECOMMENDAI!QN Approval of a resolution applying Subchapter F, Chapter 233, Texas Local Government Code, to certain residential construction in unincorporated areas of Denton County - begun after February 1, 2010, and any appropriate action. The Texas State Legislature enacted HB 1038 during the 80th Regular Session, effective September 1, 2007, that provided criteria for the inspection of homes which heretofore were not subject to the inspection codes of a municipality. The requirements of this bill was supposed to result in homes that were in greater compliance with the accepted residential building standards, safer and with fewer construction defects. The Legislature also created the Texas Residential Construction Commission (TRCC) to oversee this new law. The TRCC was also supposed to license builders, monitor compliance and store the Inspection records. The Legislature during the 81st Regular Session passed HB 2833 which essentially eliminated the TRCC and placed the responsibility on the county government to ensure residential home builders were complying with HB 1038. However, HB 2833 did provide counties with the authority to enact building codes, inspect the structures or require the builders to provide inspection documentation, it specially stated that counties cannot charge a fee for this service. This proposed Resolution provides that the County will be the depository for the home inspection documentation for homes constructed after February 1, 2010. Home builders will be required to notify the County when construction is going to begin and submit documentation that the inspections were made in accordance with HB 2833. OPERATIONS AND M,<\!NTENANC:E. Denton County Planning Depart111ent will provide the forms to the builders and file the inspection records as part of the curr!)nt Development Permit Application. This Resolution will not place any further burdens on the builders since these inspections Jan 22, 2010 8:20 AM Denion County p. 166of 220 207 --------------·--~-·---->~-·~---+,'-'---~·---·----------------- ---- .............. - were supposed to be occurring prior to 2007. l.E~[>._LJNEORMATION The Legal Department has worked closely with the Public Works Department on this Resolution. E!/llANclAl..JMl'AcT This Resolution will not have any financial impact on the County or the home builder. The Resolution has an effective date of February 1, 2010. PRECEDJN~_CQIJRT ACI1QN None Jan 22, 2010 8:20 AM Denloh Counfy" p. 167 or 220 208  10-A Denton County Commissioners Court Request For Agenda Placement Submitted By: Bennett Holvell Requested Agenda Date: Jan 26, 2010 Department: Pu bile Works/Engineering Grouping: PUBLIC WORKS Specific Agenda Wording: Approval of a resolution applying Subchaptcr F, Chapter 233, Texas Local Government Code, to certain residential construction In unincorporated areas of Denton County begun after February 1, 2010, and e any appropriate action. APPROVAL FLOW 10 - A - Resolution - Residential Construction in Unincorporated Areas of Denton County . Jan 22, 2010 8:20 AM Den.tori ~Ouilt~·- p. 164 or 220 -·~~----·~'"'-· ~~j~~~.:...· ....~·>' .1l' ---~ 209 Cl~H fl FIED COPY CERTIFJC/\TE STATE OF TEX/\S, COUNTY OF DENTON I, CYNTHIA MITCHELL, County Cleric o f Donlon County, ·1exas clo hereby certify that this Is a true & correct cor y as same appears of re ord In my olfice. Wilnr.ss my hn of office on Cynthia Mitchell Denton County Clerkt j 210 By Deputy \~ I \ Exhibit 18 211 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) l hereby certify, in the performance of the function s o f my office, that the attached instruments are full , true and correct cop ies of Denton County Noti ce lo Home Builders and Home Buyers. The same appear of record in my office and said docume nts are the o ffici al records from the publ ic office of the Public Works Department of Denton County, Texas, and arc kept in said o ffice. [ fu11her certify that I am the Director of Public Works for Dento n County, Texas, that I have lega l custody of sa id records, and that I am a lawful possessor and keeper of the records in sa id office. ln w itness whereof I have here unto set my hand this I st day of Apri l, 20 14. Bennett C. Howel l TIT, P E, C F Denton County State o f T exas 212 { Denton Count~ Ucparhncnt of Public Works ~ - . ..... Enginccrin~ Division . / 1505 East McKinney Street, Suite 175 - Denton, Texas 76209 ... . ~ ~ 9.. 0.349.3250 phone - 940.3-49.299 l fax \VWW .dcntoncounty .com ..'8 -tl> . ... ~- NOTICE Ho1ne Builders and Home Buyers On Januar) 26. 20 I 0. Denton Count) Commissioners Court apprm cr\: t.:uvering wi th drywall or other interior vvall covering: anl.!0 0 11 the scope or work or the projt:ct Who performs these inspections'? • Licensed Engineer: • Registered Architect: • Profess ional lnspl'Ctor liccn::.ed b) the Texas Real Estate Comm issio n: • Plumbing Inspector employed by a municipulity and licensed by Lhe Texa<; State 11oard or Plumbers: • Building Inspector employed b~ a po litical subdi vision: nr • Individua l certi licd a<> a residential combination inspcCtl)r hy the Internal Code Counci l. • The builder rnuy use the s;,.1111e inspector ror all th\.! n.:quired inspec tio ns or a different inspector for each required inspection. Who receives the documentation~> • lh.: builder shall provide the inspection informati on to the home buyer and Denton Coumy Public Works. • The rcquireJ fbrm s me attacht.:d to this Notice. o The builder uses tht: lirst form Lo nntil) the County spcc ilieall~·: • Location of the new residential co nstruction • /\pproximutc Jatc b~ \\hich lhi.! construction ''il l he commenced • The \'crsion or the International Res identia l Code used to construct the hl)J1le o The bui lder uses the second form lo tloc wnent the inspections. 214  RESOLUTION APPL YING SUBCHAPTER F. CHAPTER 233, TEXAS LOCAL GOVERNMENT CODE, TO CERTAIN RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREAS OF DENTON COUNTY - BEGUN AFTER FEBRUARY 1, 2010 WHEREAS, lhe Texas Legislature passed HB 2833 during the 81sl Regular Session, codified in Sections 233. 15 1 through 233.157 of the Texas Local Government Code, to provide for the health, safety and general welfare of all Texans through home construction standards in the unincorporated areas of counties, and WHEREAS, the citizens· of Denton County desire the construction of quality housing and wholesome living environments for its citizens living in unincorporated areas. NOW, THEREFORE, BE IT RESOLVED, that we, the Commissioners Court of Denton County, in accordance with Section 233. J 53, Texas Local Government Code, order that construction of a new single-family house or duplex on a vacant lot begun after February I, 20 I 0, in the unincorporated areas of Denton County must conform to either the version of the lnlemational Residential Code published as of May 1, 2008 or the version of the International Residential Code that is applicable in the City of Denton, Texas; and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.153, Texas Local Government Code, any construction of an addition to an existing single-family house or duplex, if the addition will increase the square footage or value of the existing residential building by more than 50 percent, begun aft.er February I , 2010, in the unincorporated areas of Denton County must conform to either the version of the International Residential Code published as of May . 1, 2008 or the version of the Lntemational Residential Code that is applicable in the City of Denton, Texas; and FURTHERMORE, BE IT RESOLVED, that notwithstanding the above language and in accordance with Section 233. 153(c), if the above described construction occurs in the extraterritorial jurisdiction o f a municipality that has adopted a building code for the municipal ity's extraterritorial jurisdiction, the building code adopted by the municipality controls and building code standards under Subchaptcr F of Section 233 .153 of the Texas Local Govenunent Code have no effect in that municipality's extratenitorial jurisdiction. FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.154(a), Texas Local Government Code, a minimum of three inspections must be performed to ensure substantial building code compliance in the construction of a new single-family house of duplex or the construction of an addition to an existing single-family house or duplex begun after February I, 20 I 0, in the unincorporated areas of Denton County. The three required inspections during th e constructi on project, as applicable must be performed at (I) the foundation stage, before the placement of concrete; (2) the framing and mechanical systems stage, before covering with drywall or other interior wall covering; and (3) completion of construction of the residence. For remodeling construction to an existing residence in which the structure's square footage or value will increase by more tJ1an 50 percent. the inspection requirements must be perform~d as Resolution - Certa in R~iden tial Constniction in Unincorporated An.'llS of Denton County · Chapa..,. 233 Te.\. Loe. Gov·t Code · Page l of 3 215  necessary based on the scope of work of the construction project. The builder is responsible for contracting to perform the required inspections with (I) licensed engineer; (2) a registered architect; (3) a professional inspector licensed by the Texas Real Estate Commission; (4) a plumbing inspector employed by a municipality and licensed by the Texas State Board of Plumbing Inspectors; (5) a building inspector employed by a political subdivision; or (6) an individual ce1tified as a residential combination insp~tor by the International Code Council. A builder may use the same inspector for all the required inspections or a different inspector for each required inspection; and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233. I 54(b), Texas Local Government Code,~ builder perfonning construction of a new single-family house or duplex or the construction of an addition to an existing single-fami ly house or duplex begun after February I , 20 10, in the unincorporated areas of Denton County must, prior lo beginning the construction project, provide notice to the Director of Public Works/Engineering. The Denton County Commissioners Court prescribes the Notice of Residential Construction in Unincorporated Areas attached to this Resolution as the required Notice. The notice must include (1) the location of the new residential construction; (2) the approximate date by which the new residential construction will be commenced; and (3) the version of the International Residential Code that will be used by the builder to construct the new residential construction, and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233 . 154(c), 111 Texas Local Government Code, not later than the I 0 day after th e date of a final inspection, a builder performing construction of a new single- fami ly house or duplex of the construction of an addition to an existing single-family house or duplex begun after February 1, 2010, in the unincorporated areas of Denton County must submit notice to (1) the Director of Public Works/Engineering and (2) the person for whom the new residentiaJ construction is being bui lt, if different from the builder, s tating whether or not the inspection showed compliance with the building code standards applicable to that phase of construction. The Denton County Commissioners Court prescribes the Notice of Residential Construction Inspection Comp liance in Unincorporated Areas a ttached lo this Resolution as the required Notice. IN WITNESS THEREOF, we have hereunto set our hands and caused the great seal of DcntonCountytobeaffixedthis ,-XL dayof J.,,,,, ,_, ,2010. ADOPTED fN OPEN COURT the _j!::._ day of January, 2010 upon Motion made by )Ji/itc I;/~;/ //i and seconded by 4',, /, cr-1->~ , and J members of the court being [ 'and voti0 /1 , MARY HOn..-•~'-J H GH COLEMAN. COMMISSIONER PRECINCT I Rc:solution - Ct:nain Residential Construction in Unincol'J'Or.itcd Areas of Denton County - Chapter 233 Tt:x. Loe. Gov't Code · Pugc 2 of 3 216  MMISSJONER AITEST: CYNTH IA MITCHELL, County Clerk and Ex-Officio Clerk oft mmissioners Court of Denton ~oµ1'1..9' , ("_ - ....... - ~r....'• '\ ·.... Rcsoluoon - Certain Residential Construction in Unincorporated Are~ ofDcnion County· Chapter 233 Tex . Loe Gov't Code ·Page 3 of3 217  DENTON COUNTY Received NOTICE OF RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREA Permit # BUILDER I CONTSACTOR INFORMATION BUSINESS ADDRESS: MAILING ADDRESS (IF DIFFERENT): PHONE NUMBER: FAX NUMBER: _ _ _ __ _ _ __ _ CONTACT PERSON: _ _ _ _ _ _ __ _ __ __ __ _ __ PROJECT JNFORMA TJON lYPE OF CONSTRUCTION: (CHECK ONE) [ ] New Residential Construction on Vacant Lot [ ) Addition to an Existing Residential Unit LOCATION ADDRESS (INCLUDING ZIP CODE): OR LOTANDBLOCK# _ _ _ _ _ __ _ __ __ SUBDIVISION: _ _ __ _ _ _ _ _ _ _ __ SURVEY: -------------~ TRACT: - - - - -- - - - - - -- -- PLANNED DATE TO BEGIN CONS'ffiUCTION : RESIDENTIAL CODE TO BE USED IN CONSTRUCTION: (Cl:fECK ONE) ( J!NTERNATl ONAL RESIDENTIAL CODE -published Moy I, 2008 [ ] INTERNATIONAL RESIDENTIAL CODE - applicable in Denton AtrrHORJZED REPRESENTATJVE SIGNATURE PRINTED NAME DATE 218  DENTON COUNTY NOTICE OF RESIDENTIAL CONSTRUCTION INSPECTION COMPLIANCE Received IN UNINCORPORATED AREA Permit# INSPECTOR INFQRMATIQN BUSINESS ADDRESS: MAILING ADDRESS (IF DlfFERENT): FAX NUMBER: ----------PROFESSIONAL REGISTRATION (TYPE AND#) _ _ _ _ _ _ _ _ __ PROJECT JNFQRMATION DATE OF INSPECTION: - - - - - TYPEOFCONSTRUCTION: (CHECK ONE) LOCATION [ JNew Residential Construction on Vacant Lot ADDRESS: - - - -- - - -- [ ) Addition to an Existing Residential Unit RESIDENTlAL CODEUSED IN CONSTRUCTION: (CHECK ONE) [ ) INTERNATIONAL RESIDENTIAL CODE- published May 1, 2008 OR LOT AND BLOCK# _ _ __ ( ) INTERNATIONAL RESIDENTIAL CODE - applicable in Denton SUBDIVISION:-- - - - - - - CONSTRUCTION PHASE: (CHECK ONE) SURVEY: _ _ _ _ __ _ __ _ [ ) FOUNDATION STAGE (before placement of concrete) [ ) FRAMING AND MECHANICAL SYSTEMS STATE (before covering TRACT: with drywall or other interior wall covering) - - - - - -- - -- [ ) COMPLETION INSPECTION CONCLUSION At the indicated stage of construction, the project indicated 11bove is: (check one) ( J lN COMPLIANCE [ ) NOT IN COMPLIANCE with the residential code used in construction. COMMENTS: SIGNATURE OF INSPECTOR PRINTED NAME DATE 219 Exhibit 19 220 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instrnments are full, trne and correct copies of the Town of Lakewood Village Ordinance 08-06. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that 1 am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto sel my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014. 221  TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 08·06 AN ORDINANCE OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, REGULATING SUBDIVISIONS AND OTHER PROPERTY DEVELOPMENTS, PROVIDING FOR PRELIMINARY PLATS, FINAL PLATS, MINOR PLATS, VACATION OF PLATS, REPLATS AND AMENDMENT OF PLATS; PROVIDING FOR DEVELOPMENT PROCESS; PROVIDING FOR STANDARDS AND REQUIREMENTS; PROVIDING FOR STREETS AND DRAINAGE, WATER AND SEWER INFRASTRUCTURE; PROVIDING SEVERABILITY CLAUSE; PROVIDING SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council ("Town Council") desires to review for approval or disapproval plan, plats, and replats filed with the Town as authorized by Chapter 212, Tex. Loe. Gov. Code (Vernon), as amended; and WHEREAS, the Town Council finds that there is a public necessity requiring adoption of this Ordinance, said public necessity being the need to establish rules and regulations for subdivisions and property development; and WHEREAS, the Town Council is authorized and empowered to or require the developer to (i) design, install or improve streets, roads, water and a sanitary sewer systems within the Town by constructing, extending, or enlarging such system, and is further authorized to adopt any rules and regulations appropriate to the exercise of such powers, and to (ii) protect the public health, welfare and safety of the citizens of the Town; and WHEREAS, the Town Council hereby finds that the adoption of this Ordinance is in the best interests of the health, safety and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS : ARTICLE I. IN GENERAL Sec. 1. Short title. The following regulations are hereby adopted and shall be known and may be cited as "Town of Lakewood Village Subdivision and Property Development Regulations." 222 Sec. 2. Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning. Words not specifically defined shall have the meanings given in Webster's Ninth New Collegiate Dictionary, as revised. Accessory structure or building shall mean a subordinate structure or building customarily incident to and located on the same lot occupied by the main structure or building. Applicant shall mean the owner(s) of the property to be developed. Bond shall mean any form of security, including a cash deposit, surety bond, or instrument of credit in an amount and form approved by the Town. Building shall mean any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattel or property of any kind. Town means Town of Lakewood Village. Town Council means Town Council of the Town of Lakewood Village. Town standards shall mean those standards and specifications, together with all tables, charts, graphs, drawings and other attachments hereinafter approved and adopted by the Town Council, which may be amended from time to time, and are administered by the Town staff for the construction and installation of streets, sidewalks, drainage facilities, water and sanitary sewer mains and any other public facilities. All such facilities which are to become the property of the Town upon completion must be constructed in conformance with these standards. Construction plans shall mean the maps, drawings and technical specifications, including bid documents and contract conditions, where applicable, which provide a graphic and written description of the character and scope of the work to be performed prepared for approval by the Town for construction. Cross drainage shall mean a defined waterway course, approximately perpendicular to the proposed roadway, which requires the construction of a bridge, pipes or box culvert, or other structure to conduct drainage under the roadway. Developer shall mean any person, corporation, governmental or other legal entity engaged in the development of property by improving a tract or parcel of land for any use. The term "developer" is intended to include the term "subdivider." Development shall mean the construction of one (1) or more new buildings or structures, or the structural alteration, relocation or enlargement of one (1) or more new buildings or structures of an existing building or structure on one (l) or more building lots or sites, or the installation of site improvements. Ordinance 08-06 /Subdivision Page2 of23 223  Easement shall mean a grant by a property owner to the public, a corporation, or persons for a general or specific use of a defined strip or parcel of land, for such purpose as the installation, construction, maintenance and/or repair of utility lines, drainage ditches or channels, or other public services, the ownership or title to the land encompassed by the easement being retained by the owner of the property. Engineer shall mean any person duly authorized under the Texas Engineering Practice Act (V.A.C.S. art. 3271a), as amended, to practice the profession of engineering. Engineering plans shall mean the maps and drawings required for plat approval. Lot shall mean an undivided tract or parcel of land having access to a street, which is designated as a separate and distinct tract or lot number or symbol on a duly approved plat filed of record. The terms "lot" and "tract" shall be used interchangeably. Off-site shall mean any premises not located within the property to be developed, regardless of ownership. Owner shall mean any persons, firm or corporation having legal title to the property. Plat shall mean a map representing a tract of land showing the boundaries of individual properties and streets or a map, drawing, chart, or plan showing the layout of a proposed subdivision into lots, blocks, streets, parks, school sites, commercial or industrial sites, drainageways, easements, alleys, which an applicant submits for approval and a copy of which he intends to record with the County Clerk of Denton County. Plat, final, shall mean the map or plan of a proposed development submitted for approval by the Town Council, where required, prepared in accordance with the provisions of this chapter and requested to be filed with the County Clerk of Denton County. Plat, preliminary, shall mean the initial map or plan of a proposed development showing the general layout of streets, blocks and lots, utility systems, and drainage systems. Right-of-way shall mean a strip of land acquired by dedication, prescription or condemnation and intended to be occupied by a road, sidewalk, railroad, electric transmission facility, water mains, sewer mains, storm drainage or other similar facility. Rights-of-way intended for streets, sidewalks, water mains, sewer mains, or any other use involving maintenance by a public agency shall be dedicated to the public use by the plat applicant either by easement or in fee simple title. Streets and alleys shall mean a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, alley, place or however otherwise designated. Town streets shall conform to the following classifications: (1) Arterial streets and highways are those which are used primarily for higher speed and higher volume traffic. Routes for such streets shall provide for cross-town circulation and through-town movements. Ordinance 08-06 /Subdivision Page 3 of23 224  (2) Collector streets are those which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance, circulation streets of a residential development and streets for circulations within such a development of a residential subdivision. (3) Minor streets are those, which are used primarily for access to abutting properties. (4) Marginal access streets are minor streets located parallel to and adjacent to arterial streets and highways, providing access to abutting properties and protection from the traffic of the thoroughfares. (5) Alleys are minor ways used primarily for access to abutting properties for vehicle service usually to the back or side of a property. Structural alterations shall mean the installation or assembly of any new structural components, or any change to existing structural components, in a system, building or structure. Structure shall mean anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, including, but not limited to, buildings of all types and ground signs, but exclusive of customary fences or boundary or retaining walls. Subdivision shall mean dividing a tract in two (2) or more parts for the purpose of creating lots, including an addition to the Town, 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 the 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. "Subdivision" refers to any division irrespective of whether the actual division is made by metes and bounds description in a deed of conveyance or a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. A subdivision does not include a division of land into parts greater than five (5) acres, where each part has access and no public improvement is being dedicated. Sec. 3. Purpose. The purpose of this ordinance is to set forth the procedures and standards for development of property, layout and design of subdivisions or real property within the corporate limits of the Town which are intended to promote the health, safety and general welfare of the Town and the safe, orderly, and healthful development of the Town. Sec. 4. Compliance required. (a) Any owner of land who proposes the development of a lot or tract of land located within the corporate limits of the Town or the subdivision of a lot or tract located in the corporate limits of the Town shall have a plat of the lot or tract of land or subdivision prepared and approved in accordance with all Ordinances of the Town and recorded with the County Clerk of Denton County. Ordinance 08-06 /Subdivision Page4 of23 225  (b) Notwithstanding paragraph (a) above, a plat shall not be required where the development of the lot or tract of land is for the sole purpose of performing alteration(s) or improvements to an existing single-family residence or the auxiliary uses thereto. All such alterations or improvements must be permitted in compliance with all applicable codes and ordinances of the Town (c) No Final Plat shall be approved within the Town of Lakewood Village or its extraterritorial jurisdiction until the applicant has made adequate provision for thoroughfares as shown on the Thoroughfare Plan (map) as approved by the Town. The Thoroughfare Plan is a guide for the roadway connections and types that will be needed in the future. Subject to Town Council, or designee approval, as long as the connection is made, whether or not it is close to the exact alignment shown on the Thoroughfare Plan, no Thoroughfare Plan amendment should be necessary. The design and construction of the proposed thoroughfare shall be in conformance with the Town's master plans for thoroughfares and with any adopted Development Standards for Construction (DSC), and shall be subject to approval by the Town Council, or designee. If a different roadway type is found to be adequate or if the connection is not proposed to be made, then the plat may not be approved unless the thoroughfare plan is amended. A Traffic Impact Analysis may be required prior to approval of the proposed amendment . ARTICLE II. PLATS DIVISION 1. GENERALLY Sec. 5. Fees. The applicant for approval of a preliminary plat, final plat, replat, amended plat, minor plat or modified final plat shall, upon submission of the plat application and all required documentation, pay a nonreturnable fee, as established by the Town Council, for the review and processing of the plat application. Upon approval of the final plat, replat, amended plat or final minor plat, the applicant shall pay an additional recording fee established by the county for recording the plat with the county clerk. Preliminary, Replat and Final Plat Review Fees. A preliminary plat review fee and final plat review fee shall be paid to the Town upon the filing of the preliminary and final plat in accordance with the following schedule: (a) Plats that are platted by the acre: (1) $500 per plat plus $10.00 per acre when there are less than three (3) acres; or (2) $600 per plat plus $20.00 per acre when there are three (3) or more acres. (b) For purposes of this section, the term "lot" shall mean any tract of land which is one (1) acre. Ordinance 08,06 /Subdivision Pages of23 226 Sec. 6. Process for approval. (a) The plat shall be scheduled for consideration at the next regular meeting of the Town Council. (b) If the plat is disapproved by the Town Council, the applicant may correct the items of concern and resubmit the plat for approval one (1) time within six (6) months by paying one-half (1/2) of the original fee. If the plat is disapproved a second time or if a second request is not received within six (6) months of the first disapproval, the applicant will be required to repeat the plat application process from the beginning and pay all standard application fees. (c) An applicant may withdraw his plat application from consideration at any time during the application process by filing a written notice of withdrawal with the Town. Upon filing the notice to withdraw, the Town shall discontinue processing the plat application. The applicant must file a written request to proceed with further consideration of the plat within six (6) months of withdrawal and the Town shall continue the application process. If the request to proceed with further consideration of the plat is filed more than six (6) months after filing the notice of withdrawal, the applicant shall be required to repeat the plat application process from the beginning and pay the standard application fees. Sec. 7. Requirements for approval of application by Town Council. (a) Within thirty (30) days of the date that the application is deemed administratively complete, the Town Council shall approve a plat if it complies with the requirements of this chapter, the applicant is not in arrears in the payment of any debts owed the Town required by this chapter on a previous plat, it conforms to the general plan of the Town and its current and future streets, alleys, parks, playgrounds, and public utility facilities plans, and it conforms to the Town's general plan for the extension of roads, streets, and public highways, taking into account access to and extension of sewer and water mains and instrumentalities of public utilities. (b) A plat is considered approved by the Town Council unless it is disapproved within such thirty-day period. Sec. 8. Recordation. (a) Preliminary plats are not recorded with the county clerk. (b) Applicant shall record all plats with the county clerk upon the Town Council's approval of the plat and the applicant's submission of the required recording fee to the County. (c) Applicant shall record all other plats with the county clerk upon the Town Council's approval of the plat and the applicant's submission of the required recording fee to the County. Ordinance 08-06 /Subdivision Page 6 of23 227  (d) A final plat shall become null and void six (6) months after its approval by the Town Council, unless the final plat is filed and recorded in Denton County Clerk Real Property Records. (e) A general development plan shall become null and void six (6) months after its approval by the City Council, unless the general development plan is filed and recorded in Denton County Clerk Real Prope1ty Records . Sec. 9. Approval of preliminary plats. Approval of a preliminary plat shall be deemed to be an expression of approval to the layout submitted as a guide to the preparation of the final plat and shall not constitute approval of a final plat. DIVISION 2. PRELIMINARY PLATS Sec. 10. Form, contents and required documentation. (a) Preliminary plats shall be filed with the town secretary. The town secretary shall stamp the following notice on the face of each preliminary plat: "Preliminary plat for inspection purposes only and in no way official or approved for record purposes and not approved for construction." (b) When filing a preliminary plat application, it shall be accompanied by the following minimum documentation: (1) Completed preliminary plat application; (2) Eight (8) copies of the plat; (3) Eight (8) copies of engineering plans; (4) Deed showing current ownership of the platted property; (5) Tax certificates showing property owner is not in an·ears in payment of taxes; and (6) Nonrefundable application fee, as established by the Town Council. (c) Preliminary plats must meet the following criteria and contain the following information: = (1) Scaled drawing no smaller than 1" 200' on a sheet size no greater than twenty-four (24) inches by thirty-six (36) inches (multiple sheets may be submitted; however, each sheet must be registered and match lines to allow assembly of the multiple sheets); (2) Boundary of the subject tract; Ordinance 08-06 /Subdivision Page 7 of23 228  (3) All existing and/or proposed streets and alleys with street names, widths and relation to surrounding existing street patterns; (4) Approximate width and depth of all proposed lots; (5) Layout, in dotted lines, of all adjacent lots to the property being platted showing lot size, lot and block numbers, name of existing subdivision or property owner if undeveloped property; (6) FEMA designated 100-year floodplain boundary; (7) Date, scale, north point, and small scale location map; (8) Name and address of all property owners of the property being platted; (9) Name and address of engineer and surveyor; and (10) Signed statement of the engineer and/or surveyor who prepared the preliminary plat indicating the records or survey from which the property description of the boundary of the proposed plat was developed. (d) The engineering plans shall be in compliance with the current adopted construction standards of the Town and shall consist of the following: (1) Layout of all needed off-site utilities; (2) Water system layout, including size of line and fire hydrant location; (3) Sewer system layout, including size of line, location of manholes and cleanouts; (4) Drainage plan prepared in accordance with standard 100 year flood frequencies rainfalls which shows the overall analysis of the change of existing condition to fully developed condition and identify approximate location where water will exit the subdivision. Drainage plan shall show all contours for proposed development; and (5) As-built drawings of existing structures, if applicable. DIVISION 3. FINAL PLATS Sec. 11. Form, contents and required documentation. (a) Final plats are mandatory. (b) In cases where a preliminary plat was previously approved, the final plat shall conform to the approved preliminary plat. Ordinance 08-06 /Subdivision Page 8 of23 229  (c) Final plats shall be filed with the City Secretary and shall be accompanied by the following minimum documentation: (1) Completed final plat application; (2) Eight (8) copies of the plat; (3) Eight (8) copies of engineering plans; (4) Deed showing current ownership of the platted property; (5) Tax certificates showing property owner is not in arrears in payment of taxes; (6) A statement on the plat application showing that all fees owed the Town on any prior projects has been paid in full at the time the application was filed; and (7) Nonrefundable application fee, as established by the Town Council. (d) Final plats must meet the following criteria and contain the following information: = (1) Scaled drawing no smaller than l" 100' on a sheet size no greater than twenty-four (24) inches by thirty-six (36) inches (multiple sheets may be submitted; however, each sheet must be registered and match lines to allow assembly of the multiple sheets and an index sheet shall be drawn on a sheet twenty-four (24) inches by thirty- six (36) inches showing the entire property being platted); (2) The shape and the exterior boundaries of the property being platted shall be indicated by the use of a distinctive and individual symbol; (3) The length of all straight lines, deflection angles, radii, arcs, and central angles of all curves shall be given along the property lines of each street or tabulated on the same sheet showing all curve data with its symbol. All dimensions along the lines of each lot with the angles of intersections which they make with each other shall be indicated; (4) The names of all adjoining subdivisions, the side lines of abutting lots, lot and block numbers, all in dotted lines, and where possible, accurate reference ties to at least two (2) adjacent recognized land comers shall be clearly indicated; (5) The description and location of all survey monuments placed on the property being platted shall be indicated; (6) A title shall be indicated, including the name of the property being platted, the name of the applicant and scale and location of the property being platted with reference to original surveys and a north point which may be magnetic or true north, with notation stating which. Ordinance 08-06 /Subdivision Page9 of23 230  (7) FEMA designated 100-year floodplain boundary, including finish floor elevation established a minimum of two (2) feet above the calculated 100 year flood. A surveyor's certificate shall be placed on the final plat as follows: KNOW ALL MEN BY THESE PRESENTS: That I, , do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivision and Property Development Regulations of the Town of Lakewood Village, Texas. Signature Texas Reg. No. (9)A ce1tificate of ownership and of dedication of all streets, alleys, easements and lands to public use forever, signed and acknowledged before a notary public by the owner of the land, shall appear on the face of the map, containing complete and accurate description of the property being platted and the streets dedicated; (10) The applicant will furnish the Town a copy of the dedication at the same time the final plat is submitted for approval; and (11) The following certificate of approval by the Town Council shall be placed on the plat: Approved this day of _ _ _ , 20_ _ _ , by the Town Council of the Town of Lakewood Village, Texas. Mayor Town Secretary (e) The engineering plans shall be in compliance with the current adopted construction standards of the Town and shall consist of the following: (1) Street layout and grades; (2) Water system layout, including size of line and fire hydrant location; (3) Sewer system layout, including size and grade of lines, location of manholes and cleanouts, and lift station design; Ordinance 08-06 /Subdivision Page 10 of23 231  (4) All drainage structure designs, analysis of as-is and full development for where the water exits the subdivision, analysis of all streets to determine if they meet drainage criteria, FEMA floodplain and floodway boundaries (if applicable), and letter(s) of release from property owners affected by di version of water (except for watercourse(s) designated on current Town topography maps); and (5) As-built drawings of existing structures, if applicable. DIVISION 4. VACATION OF PLATS, REPLATS AND AMENDMENT OF PLATS' Sec. 13. Vacation of plats. (a) Any plat, replat or amended plat previously recorded with the county clerk may be vacated by the property owner(s) at any time prior to the sale of any lot therein by filing a written signed and acknowledged instrument declaring the same to be vacated and recorded with the county clerk. (b) If the one (I) or more lots have been sold, the plat, replat or amended plat may be vacated by the property owners by filing a written signed and acknowledged instrument with the town secretary. The vacating instrument must be approved by the Town Council in the same manner as the original plat, replat or amended plat. The Town Council shall disapprove the vacating instrument which abridges or destroys public rights in any of its public uses, improvements, streets, or alleys. Upon approval by the Town Council, the vacating instrument may be recorded with the county clerk and the vacated plat, replat or amended plat shall have no effect. State law reference(s)··Vacating plats, V.T.C.A., Local Government Code§ 212.013. Sec. 14. Replats without vacating preceding plat. A replat may be recorded and controls over a previously recorded plat without vacation of that plat if the replat is signed and acknowledged by the owners of the property being platted, does not attempt to amend or remove any covenants or restrictions, and is approved, after a public hearing on the matter, by the Town Council. Sec. 15. Plat amendments or corrections. (a) The Town Council may approve and issue an amended plat, which may be recorded with the county clerk and controls over the preceding plat without vacation of the plat, if the amended plat is signed by the applicant(s) and is solely for one (I) or more of the following purposes: (1) To correct an error in a course or distance shown on the preceding plat; (2) To add a course or distance that was omitted on the preceding plat; (3) To correct an error in the description of the real property shown on the preceding plat; 'State law reference-Vacating plats, amending plats, etc., V.T.C.A. Local Government Code§ 212.013 et seq. Ordinance 08-06 /Subdivision Page II of23 232  (4) To indicate monuments set forth after death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments; (5) To show the proper location or character of any monument which has been changed in location or character or which originally was shown incorrectly as to location or character on the preceding plat; (6) To correct any other type of scrivener's or clerical error or omission previously approved by the planning and zoning commission and/or Town Council, including lot numbers, acreage, street names, and identification of adjacent recorded plats; (7) To correct an error in courses and distances of lot lines between two (2) adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished; provided, that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat; (8) To relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement; (9) To relocate one (1) or more lot lines between one (1) or more adjacent lots where the owner(s) of all such lots join in the application for the plat amendment; provided, that such amendment does not attempt to remove recorded covenants or restrictions and does not increase the number of lots; or (10) To make necessary changes to the preceding plat to create six (6) or fewer lots in the plat if the changes do not affect applicable zoning and other regulations of the Town, and the changes do not attempt to amend or remove any covenants or restrictions and the area covered by the changes is located in an area that the Town Council has approved, after a public hearing, as a residential improvement area. ( 11) To rep lat one or more lots fronting on an existing street if the owners of all those lots join in the application for the amendment; the amendment does not attempt to remove recorded covenants or restrictions or increase the number of lots; and, the amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities. (b) Notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amended plat. ARTICLE III. DEVELOPMENT PROCESS Sec. 16. Construction of infrastructure. (a) Following approval of the final plat, the plat applicant shall submit full construction plans Ordinance 08-06 /Subdivision Page 12 of23 233 for all proposed infrastructure to be constructed for the platted property. Construction plans submitted shall be in conformance with the approved plat. The Town engineer shall review the submitted plans for compliance with the construction standards adopted by the Town. (b) Upon approval of construction plans by Town Council, the plat applicant and/or the plat applicant's contractor will provide written notification to the Town engineer of the intent to commence construction of the required infrastructure. No work may be performed unless written notification has been provided to the Town engineer. The written notification shall contain the following information: (1) Name of the plat or subdivision; (2) Plat applicant's name; (3) Contractor's name, address and phone number; (4) Type of construction to be performed; and (5) Estimated value of construction contract. (c) The Town engineer shall issue an acknowledgment of receipt of notification to the developer and/or his contractor. Sec. 17. Acceptance of infrastructure. (a) Upon completion of all required infrastructure, prior to the acceptance of the subdivision by the Town for maintenance, the applicant shall post, or cause to be posted, a maintenance bond executed by a corporate surety or corporate sureties duly authorized to do business in this state, payable to the Town and approved by the Town as to form, to guarantee the maintenance of the construction for a period of one (1) year after its completion and acceptance by the Town. In lieu of a maintenance bond, the applicant may submit either an irrevocable Jetter of credit payable to the Town and approved by the Town as to form or a cash bond payable to the Town and approved by the Town as to form. The actual value of the maintenance bond or letter of credit or cash bond shall be ten (10) percent of the full cost of the water and sewer system and fifteen (15) percent of the full cost of the cost of street and drainage construction, as determined by the estimate of construction costs. (b) Upon receipt of the approved maintenance bond, irrevocable letter of credit or cash bond, the Town engineer shall issue a written letter of acceptance of the infrastructure and notify the building and development department that the subdivision has been accepted by the Town. Sec. 18. Building permits issued prior to completion of infrastructure. (a) In the event an applicant wishes to obtain building permits prior to acceptance of the subdivision by the Town, the applicant shall post with the Town a completion bond executed by a corporate surety or corporate sureties duly authorized to do business in this state, payable to the Ordinance 08-06 /Subdivision Page 13 of23 234 Town and approved by the Town as to fonn for all construction included in the approved construction plans that has not been completed. In lieu of a completion bond, the applicant may submit either an irrevocable letter of credit payable to the Town and approved by the Town as to fonn or a cash bond payable to the Town and approved by the Town as to fonn. (b) Under no circumstances shall building above the foundation be permitted until adequate fire protection is available. Adequate fire protection means: (1) Town utilities are installed; (2) Fire hydrants providing protection are operational; and (3) Streets are open and driveable, street subgrades worked to proper compaction and base course installed, graded and leveled, to facilitate vehicle movement. (c) After the plat has been recorded and the completion bond, irrevocable letter of credit or cash bond has been received and approved by the Town, the Town engineer shall notify the building and development department, by lot and block numbers, that building permits may be issued. Sec. 19. Agreements with the Town. (a) All agreements entered into between the Town and the developer and/or applicant, as a condition of plat approval, shall be recorded along with the final plat. (b) The executed agreement shall be submitted to the Town Council in conjunction with the original drawings required for filing and recordation. ARTICLE IV. STANDARDS AND REQUIREMENTS DIVISION I. GENERALLY Sec. 20. Lots and blocks. (a) All lots of the plat shall front on a dedicated street. (b) In general, lots shall confonn in width, depth, and area to the pattern already established in the adjacent areas, having due regard to the character of the neighborhood, its particular suitability for residential purposes, and also taking into consideration the natural topography of the ground, drainage, sanitary sewage facilities, and the proposed layout of the streets. (c) Lots shall have the width measurements, front, rear, and side yard requirements required by Town Ordinance 83-1. (d) The area of the lots shall be computed by taking the average width of the lot times the average depth of the lot measured from the street line to the rear lot line. Ordinance 08-06 /Subdivision Page 14 of23 235  (e) All sidelines of lots shall be at right angles to straight street lines or radial to curved street lines, unless a variation from this rule would, in the opinion of the Town Council, produce a better lot plan and better utilize the proposed development. Sec. 21. Park sites. The Town Council shall consider offers of land for parks or playgrounds which conform to the current master plan adopted by the Town, provided such plan exists. Sec. 22. Use of Town condemnation authority. (a) Water and sewer mains, force mains and lift stations, streets and drainageways shall be located in easements or rights-of-way secured and paid for by the applicant. Such easements shall be properly assigned to the Town before service is extended to the subdivision. (b) In cases where easements cannot be secured by the applicant, the applicant may file a written petition with the Town engineer, accompanying the plat application, requesting that the Town Council utilize its condemnation authority. The written petition must satisfy all of the following criteria: (1) The applicant must establish that clear evidence of public need exists; (2) The applicant must establish that the proposed extension is in accordance with the current adopted master utility plan(s), if such plan(s) exists; (3) The applicant must establish that the proposed extension will be able to serve other development areas; (4) The applicant must agree to pay all costs of the condemnation; and (5) The applicant must present written evidence that every practical attempt to secure the needed easements and/or right-of-way has been made by submitting the following: a. A condemnation appraisal by an independent appraiser as to the current market value and damages, if any, of acquiring the easement and/or right-of-way; and b. Documentation that a written offer has been made to purchase the easement and/or right-of-way for the appraised value and the offer was rejected. (c) The petition shall be forwarded to the Town for review and recommendation and scheduled for consideration by the Town Council. DIVISION 2. STREETS AND DRAINAGE Ordinance 08-06 /Subdivision Page 15 of23 236 Sec. 23. Streets. (a) Street widths in subdivisions shall confonn to: Designation Right-of-Way (feet) Paving (feet) A + major arterial 110 86 A major arterial 110 90 B + minor arterial 90 66 B minor arterial 80 56 C major collector 70 44 D minor collector 60 38 E minor local 50 31 (b) Existing streets shall be continued where practical, as determined by the Town Council. Continuations of existing streets shall have the same or greater tight-of-way and pavement widths as the existing streets being connected. Street names shall be continuous. (c) All necessary street rights-of-way shall be dedicated as part of the platting process and shall be dedicated to the Town without cost. (d) Dead-end streets may be platted where the land adjoining the plat has not been platted. In the event that such dead-end street exceeds one hundred fifty (150) feet in length or one (1) lot width, from the nearest street intersection, the street will be provided with a cul-de-sac, either pennanent or temporary, having a minimum right-of-way radius of fifty (50) feet. (e) Where dead-end streets are dictated by lot designs, such dead-end streets shall be provided with a permanent cul-de-sac having a minimum right-of-way radius of fifty (50) feet. (f) No street intersection shall be designed having an inside angle of less than thirty (30) degrees between the two (2) intersecting street lines, nor more than one hundred fifty (150) degrees. (g) Block lengths between intersecting cross streets or to the end of a cul-de-sac shall be no more than one thousand two hundred (1,200) feet. (h) Streets, where practical, shall be designed and platted with appropriate regard to topographical features, i.e., creeks and drainageways, wooded areas, etc., with the aim of creating desirable and attractive treatments of significant existing features. (Ord. No. 95-38, § I, 4-25-95). Private Streets shall not be allowed. (i) Driveways; Any driveway or other common access to more than two residences which is not defined in Section 23(a), shall be considered a minor local road and shall conform to defined standards. Ordinance 08-06 /Subdivision Page 16 of23 237 Sec. 24. Alleys, reserve strips. (a) Alleys and/or easements shall be laid in the rear of lots fronting on adjoining streets where practicable. In residential subdivisions, the minimum width of right-of-way of an alley shall not be less than twenty (20) feet. All alleys shall be paved for the entire width of the right- of-way to the same specifications as minor residential streets. The rear or side line easement, where alleys are not provided, shall be a minimum of twenty (20) feet wide, arranged such that each lot shall have an equal ten-foot easement. (b) No plat showing reserve strips of land controlling access to public ways or adjoining properties will be approved. Sec. 25. Drainage in special flood hazard areas. Drainage structures in areas of special flood hazard in the Town shall comply with the provisions of the Town Ordinances. Sec. 26. Drainage not in special flood hazard areas. (a) Design of all improved open drainage courses and enclosed drainage structures shall be by a registered professional engineer in accordance with the current drainage design standards approved by the Town Council. A review of the downstream drainage system capacity to a point of discharge into the lake area shall be made. The rate of storm water discharge from the proposed development shall not exceed flow capacity of any existing structure or drainage system. This may require storm water detention or retention on site of the project. (b) The design and construction of all improved open drainage courses and enclosed drainage structures shall provide for adequate access for the performance of necessary maintenance by the Town. (c) All improved drainage courses and enclosed drainage structures shall be dedicated to the Town and accepted for maintenance by the Town upon approval of the construction by the Town engineer. (d) The Town shall maintain all improved drainage courses, provided that the original design and construction has been approved by the Town engineer and accepted by the Town for maintenance. (e) Improved open drainage courses shall conform as follows: (1) Open drainage courses which carries runoff from a street, between two (2) lots, to a drainage course running behind lots shall be a concrete-lined flume. (2) Open drainage courses running behind lots may be of earthen channel or concrete- lined channel, provided the type of channel used satisfies the design criteria (velocity, type of soil, etc.) in accordance with the current drainage design standards approved by the Town Council. Ordinance 08-06 /Subdivision Page 17 of23 238  (3) Where the open drainage course is a concrete-lined flume, the width of the easement shall be equal to the width of the flume. All other open drainage courses require the width of the easement to be equal to the width from top-of-bank to top-of-bank plus maintenance way needs as given in the drainage design standards. (f) Enclosed drainage courses shall conform as follows: (1) Cross drainage for right-of-way needs shall be designed to meet the same requirements as its channel. (2) Permanent structures and improvements may be constructed upon and across improved enclosed drainage courses in business zoning districts and manufacturing zoning districts. Design shall be to accommodate the 100-year frequency flood. (3) The width to the easement shall be equal to the width of the structure plus a width on each side of the structure to allow maintenance and/or repairs. Sec. 27. Street name signs. Street name signs and markers and traffic control signs, in accordance with standards adopted by the Town, will be required at each intersection. The developer will provide street signs and posts for the markers and make the installations when the subdivision is accepted by the Town for maintenance. DIVISION 3. WATER AND SEWER INFRASTRUCTURE Sec. 28. General Provisions. (a) The intent and purpose of this division is to provide equitable charges for water and sewer connections as a propo1tionate distribution of the cost of the water and sewer main extensions to serve property within the Town. If the existing Town utility facilities are not within or adjacent to a subdivision, the developer shall construct the necessary extension of water and sewer mains, force mains, force mains, and lift stations, including all valves, manholes, and piping necessary to serve any future development of abutting property as specified in this chapter. The developer's engineer shall prepare a proposed plan of service for the subdivision and property along the extension which shall be reviewed by the Town engineer. These facilities shall be constructed in accordance with both the master plan and the Technical and Administrative Manual for Water and Sewer System Development ("Manual"). (b) It is the general policy of the Town that: (1) Water and sewer mains should be large enough to serve all the lots platted and, should the Town determine oversizing is necessary, the Town may participate in those lines greater than 8" for water and greater than 10" for sewer. Ordinance 08-06 /Subdivision Page 18 of23 239  (2) All utilities shall be required to extend across the full width of the last lot platted on each street proposed within the subdivision, in such an alignment that it can be extended to the next property in accordance with the master sewer and water plans for the Town, provided such plan(s) exist. Properties already served by water and sewer shall not be required to install additional facilities unless: (I) The current lines are not of adequate capacity to serve the proposed development; in which case the applicant will be required to install adequate facilities. (c) Every lot of the plat shall have direct access to the water and sewer system. Utility service shall be from a water/sewer main located in an abutting right-of-way or through easements from the lot to a water/sewer main. (d) Water and/or sewer service may not be extended outside the Town limits. (e) (l) The terms of this division shall be cumulative of all other ordinances regulating subdivisions, and such other ordinances are not repealed by this division, except to the extent that such other provisions conflict with the terms of this chapter, in which event this chapter shall prevail. (2) The status of any previously designated line extension, lift station, or main shall be unaffected by this ordinance, save and except the Clear Creek pro rata line, designated in CCM #95-121R. The Clear Creek pro rata line designation is hereby rescinded. (f) In addition to any other remedy provided by law, the Town and its officers shall have the right to enjoin any violation of this chapter by injunction issued by a court of competent jurisdiction. Sec. 29. Water. (a) No water main shall be extended unless the diameter of any such extended main is a minimum of six (6) inches inside the subdivision. Larger mains may be required per the water master plan, provided such plan exists. (b) Water system layout shall be looped whenever possible. Dead-end mains shall not exceed one thousand eight hundred (1,800) feet or include three (3) fire hydrants. Single feeds may be permitted at the discretion of the Town engineer; however, any such denial may be appealed to the Town Council. Single feeds should include provisions for looping in future development. (c) The location of fire hydrant(s) shall comply with and be approved by the Town Engineer and/or Fire Marshall and insurance requirements. (d) Long water service taps shall be installed while the subdivision is being developed. Short water service taps shall be installed when needed for development. Long water service taps locations shall be clearly marked with a plastic valve box directly above the tap. A Yi inch x 2 Ordinance 08-06 /Subdivision Page 19 of23 240 foot steel rod shall be driven vertically 6" inches below the ground surface for the location of each water tap. No water service taps smaller than six (6) inches in diameter shall be allowed on water mains larger than twelve (12) inches in diameter. Sec. 30. Sewer. (a) No sewer main shall be extended unless the diameter of any such extended main is a minimum of six (6) inches inside the subdivision. Larger mains may be required per the sewer master plan, provided such plan exists. (b) Manholes are required any time the alignment, slope, or diameter of the sewer main changes, or when two or more sewer mains intersect. In no case will the maximum spacing between manholes, or from a manhole to cleanout, exceed 500 feet. (c) Sewer services for sewer mains located in roadways shall be installed while the subdivision is being developed. Sewer services with direct access to the sewer main without encroaching on a roadway may be installed when needed for development. Sewer tap locations shall be clearly marked with a plastic valve box directly above the tap. A Y2 inch x 2 foot steel rod shall be driven vertically 6" inches below the ground surface for the location of each water tap. Sewer services six (6) inches and larger require a manhole where they intersect the sewer main. The sewer service shall extend a minimum of ten feet (10') into the lot area. (d) Minimum lift station capacity shall be one hundred (100) gallons per minute and shall have at least two (2) pumps, each of which shall be capable of pumping the design capacity of the lift station. The minimum size of the wetwell shall be such that with any combination of inflow and pumping, the cycle of operation for each pump shall not be less than five (5) minutes and the maximum retention time in the wetwell shall not average more than thirty (30) minutes. (e) Septic system holding tanks or any other sewage retainage facilities for the storage or removal of sewage are prohibited. Sec. 31. Costs of Extensions. a. Developer initiated. All costs of all water and sewer main extensions, force mains, and lift stations initiated by a developer in order to provide required service for their development area, shall be paid for by the developer. Such costs may include; but is not necessarily limited to, right-of-way acquisition, pipes, motors, pumps, engineering, construction costs, inspection fees, and all weather access. In no event shall the Town pay for any costs associated with water and/or sewer improvements. Sec. 32. Use of Water and Sewer Tap Fees and Rate Revenues. Tap fees and rate revenues shall be set in an amount sufficient to maintain and operate the Ordinance 08-06 /Subdivision Page20of23 241 system, with due regard for anticipated needs to improve, update, construct, and maintain the system. Sec. 33. Use of Town Condemnation Authority. a. Water and sewer mains, force mains, and lift stations shall be located in easements, secured and paid for by the developer, and assigned to the Town before service is extended to the subdivision. For the Town to consider to using condemnation authority to assist a developer in extension of the system, the applicant must show clear evidence that every practical attempt to secure the easement has failed and there is a public need and interest for condemnation. Specific criteria and procedures shall be as stated in the manual. b. Upon compliance with all procedures by the developer, the Town, at least 10 days prior to the hearing shall notify all property owners within the proposed easement and 200 feet therefrom. A hearing of facts by the Town Council is required. Determination of the Town Council shall be final. Sec. 34. Severability. It is hereby declared to be the intention of the Town Council that if any of the sections, paragraphs, sentences, clauses, and phrases of this Ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not effect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance of unconstitutional or invalid phrases, clauses, sentences paragraphs or sections. Sec. 35. Savings. This Ordinance shall be cumulative of all other ordinances of the Town and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; provided, however, that Ordinance No. 93-1 (Revised) of the Town are hereby repealed, but provided that any complaint, action, cause of action, or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to Ordinance No. 93-1 (Revised) shall continue to be governed by the provisions of that Ordinance and for that purpose Ordinance No. 93-1 (Revised) shall be deemed to remain and shall continue in full force and effect. Sec. 36. Repealer. Ordinance 02-0SA and Ordinance 00-09 are hereby repealed. Sec. 37. Penalty. Any person who should violate any provision of this Ordinance or should fail to comply herewith shall for each and every violation or noncompliance be deemed guilty of a misdemeanor and shall be fined not more than $2,000.00 (two thousand dollars) and each day such violation shall be permitted to exist shall be construed a separate offense. Ordinance 08-06 /Subdivision Page 21 of23 242 Sec. 38. Effective Date. This Ordinance shall become effective from and after its date of passage and publication as provided by law. PASSED AND APPROVED the 14th day of August, 2008 ATTEST: ~cl~PY Ordinance 08-06 /Subdivision Page 22 of23 243 Exhibit 20 244 STATE OF TEXAS ) ) CERTIFJCATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full , true and correct cop ies of Town of Lakewood Village Ordinance 08-09. The same appear of record in my office and said documents are the official records from the public office of the TO\;\,'ll Secretary of the Town of Lakewood Village, Denton County, Texas. and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that J am a lawfu l possessor and keeper of the record s in said office. ln witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Vi llage this 26th day of March, 20 14. 245  TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 08-09 AN ORDINANCE ADOPTING FLOOD DAMAGE PREVENTION GUIDELINES; PROVIDING A REPEAL CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS THAT THE TOWN HEREBY ADOPTS THE FOLLOWING: ARTICLE I: SfATUfORY AUIHORIZA110N,FINDINGSOFFACT,PURPOSEANDMEIHODS SECTION A. STATUTORY AUTHORIZATION The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the Town of Lakewood Village, Texas does ordain as follows: SECTION B. FINDINGS OF FACT (1) The flood hazard areas of Lakewood Village are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood proofed or otherwise protected from flood damage. SECTION C. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; Ordinance 08-09 Flood Damage Prevention Page I of 17 246  (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area. SECTION D. METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. ARTICLE 2 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. APEX - means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. APPURTENANT STRUCTURE- means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure Ordinance 08-09 Flood Damage Prevention Page 2of17 247 AREA OF FUTURE CONDITIONS FLOOD HAZARD - means the land area that would be inundated by the 1-percent-annual chance (100 year) flood based on future conditions hydrology. AREA OF SHALLOW FLOODING - means a designated AO, AH, ARIAO, ARIAH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate-making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, Al-30, AB, A99, AR, AR/Al-30, AR/AB, AR/AO, AR/AH, ARIA, VO, Vl- 30, VEorV. BASE FLOOD - means the flood having a 1 percent chance of being equaled or exceeded in any given year. BASE FLOOD ELEVATI ON (BFE) - The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AB, AH, Al- A30, AR, Vl-V30, or VE that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year - also called the Base Flood. BASE1\.1ENT - means any area of the building having its floor sub grade (below ground level) on all sides. BREA.KAWA Y WALL - means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOP1\.1ENT - means any man-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEV ATED BUILDING - means, for insurance purposes, a non-basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Ordinance 08-09 Flood Damage Prevention Page 3of17 248 EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters. (2) the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD ELEVATION STUDY - means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY (FIS) - see Flood Elevation Study FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. Ordinance 08-09 Flood Damage Prevention Page 4of17 249 FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOOD PROOFING - means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODW AY - see Regulatory Floodway FUNCTIONALLY DEPENDENT USE - means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. lllGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. lllSTORIC STRUCTURE - means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or (4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: (a) By an approved state program as determined by the Secretary of the Interior or; (b) Directly by the Secretary of the Interior in states without approved programs. LEVEE - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. Ordinance 08-09 Flood Damage Prevention Page 5of17 250 LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NEW CONSTRUCTION - means; for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self- propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. REGULATORY FLOODWAY - means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Ordinance 08-09 Flood Damage Prevention Page 6of17 251 RIVERINE - means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. SPECIAL FLOOD HAZARD AREA - see Area of Special Flood Hazard START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE - means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure." VARIANCE - means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) VIOLATION - means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without Ordinance 08-09 Hood Damage Prevention Page 7of17 252 the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(lO), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. ARTICLE 3 GENERAL PROVISIONS SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES The ordinance shall apply to all areas of special flood hazard within the jurisdiction of Town of Lakewood Village, Texas. SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Denton County, Texas," dated April 2, 1997, and/Map Number 48121C0415 E (Panel 415 of 750), with accompanying Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM) dated April 2, 1997. and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Floodplain Development Permit shall be required to ensure conformance with the provisions of this ordinance. SECTION D. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. SECTION E. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION F. INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be; (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed Ordinance 08-09 Flood Damage Prevention Page 8of17 253 neither to limit nor repeal any other powers granted under State statutes. SECTION G. WARNING AND DISCLAIMER OR LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. ARTICLE 4 ADMINISTRATION SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The Mayor is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) pertaining to floodplain management. SECTION B. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. (2) Review permit application to determine whether to ensure that the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding. (3) Review, approve or deny all applications for development permits required by adoption of this ordinance. (4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary Ordinance 08-09 Flood Damage Prevention Page 9of17 254 interpretation. (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Water Development Board (TWDB), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) When base flood elevation data has not been provided in accordance with Article 3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article 5. (9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones Al-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the community first completes all of the provisions required by Section 65.12. SECTION C. PERMIT PROCEDURES (1) Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (a) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; (b) Elevation in relation to mean sea level to which any nonresidential structure shall be flood proofed; (c) A certificate from a registered professional engineer or architect that the nonresidential flood proofed structure shall meet the flood proofing criteria of Article 5, Section B (2); Ordinance 08-09 Flood Damage Prevention Page IO of 17 255  (d) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; (e) Maintain a record of all such information in accordance with Article 4, Section (B)(l); (2) Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: (a) The danger to life and property due to flooding or erosion damage; (b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (c) The danger that materials may be swept onto other lands to the injury of others; (d) The compatibility of the proposed use with existing and anticipated development; (e) The safety of access to the property in times of flood for ordinary and emergency vehicles; (f) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (g) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (h) The necessity to the facility of a waterfront location, where applicable; (i) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. SECTION D. VARIANCE PROCEDURES (1) The Appeal Board, as established by the community, shall hear and render judgment on requests for variances from the requirements of this ordinance. (2) The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. Ordinance 08-09 Flood Damage Prevention Page II of 17 256  (3) Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction. (4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance. (6) Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C (2) of this Article have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Article 1, Section C). (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (10) Prerequisites for granting variances: (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (b) Variances shall only be issued upon: (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (11) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent Ordinance 08-09 Flood Damage Prevention Page 12of17 257 use provided that (i) the criteria outlined in Article 4, Section D (1)-(9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, (7) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B (8), or (iii) Article 5, Section C (3), the following provisions are required: (1) Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to two (2) feet above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as Ordinance 08-09 Flood Damage Prevention Page 13of17 258 proposed in Article 4, Section C (1) a., is satisfied. (2) Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to two (2) feet above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are flood proofed shall be maintained by the Floodplain Administrator. (3) Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (a) A minimum of two openings on separate walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (b) The bottom of all openings shall be no higher than 1 foot above grade. (c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured Homes - (a) Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. (b) Require that manufactured homes that are placed or substantially improved within Zones Al-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor Ordinance 08-09 Flood Damage Prevention Page 14of17 259 of the manufactured home is elevated to two (2) feet above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones Al-30, AH and AE on the community's FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either: (i) the lowest floor of the manufactured home is at two (2) feet above the base flood elevation, or (ii) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (5) Recreational Vehicles - Require that recreational vehicles placed on sites within Zones Al-30, AH, and AE on the community's FIRM either (i) be on the site for fewer than 180 consecutive days, or (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements of Article 4, Section C (1), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS (1) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Article 1, Sections B, C, and D of this ordinance. (2) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of this ordinance. (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B (8) of this ordinance. (4) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (5) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. Ordinance 08-09 Flood Damage Prevention Page 15of17 260 SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES) Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to or above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified), or (2) All new construction and substantial improvements of non-residential structures; (a) have the lowest floor (including basement) elevated to or above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or (b) together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO Zone, or below the Base Flood Elevation in an AH Zone, level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C are satisfied. (4) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. SECTION E. SEVERABILITY If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. SECTION F. PENALTIES FOR NON COMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this court order and other applicable regulations. Violation of the provisions of this court order by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this court order or fails to comply with Ordinance 08-09 Flood Damage Prevention Page 16of17 261 any of its requirements shall upon conviction thereof be fined not more than $500.00 for each violation, and in addition shall pay all costs and expenses involved in the case. Each day a violation continues to exist will constitute a new and separate violation. Nothing herein contained shall prevent Town of Lakewood Village, Texas from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION G. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its date of passage and publication as provided by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, on this 9th day of September 2008. APPROVED: l\liike Schnittker, Mayor ATTEST: ~cla -Ck>beRQ < Linda Asbell, City Secretary Ordinance 08-09 Flood Damage Prevention Page 17of17 262 Exhibit 21 263 ST ATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby ce1tify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the Town of Lakewood Village Ordinance 10-01. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further ce1tify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Vi llage this 26th day of March, 2014. LllldASbeiJ, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas 264  TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE 10-01 AN ORDINANCE TO ADOPT THE MOST CURRENT EDITION OF THE INTERNATIONAL RESIDENTIAL CODE, THE INTERNATIONAL BUILDING CODE, THE INTERNATIONAL PLUMBING CODE, THE INTERNATIONAL MECHANICAL CODE, THE INTERNATIONAL ENERGY CODE, THE INTERNATIONAL FUEL AND GAS CODE, THE INTERNATIONAL PROPERTY MAINTENANCE CODE, THE NATIONAL ELECTRICAL CODE, INTERNATIONAL FIRE CODE AND ALL APPENDICES THERETO, AS AMENDED BY THE TERMS OF THIS ORDINANCE; PROVIDING FOR PERMIT FEES; PROVIDING FOR THE REGISTRATION OF BUILDERS AND ALL PERSONS PERFORMING ELECTRICAL, PLUMBING, MECHANICAL, IRRIGATION, IRRIGATION TESTING BACKFLOW, THIRD PARTY INSPECTIONS, ROOFING, FENCING, FRAMING, AND CONCRETE, WORK ON ANY NEW OR EXISTING CONSTRUCTION OR STRUCTURE WITHIN THE TOWN OR THE EXTRATERRITORTIAL JURISDICTION; PROVIDING FOR A BOARD OF APPEALS; PROVIDING FOR PREMISE IDENTIFICATION; PROVIDING FOR INSPECTIONS AND TOWN BUILDING REQUIREMENTS; PROVIDING A PENALTY CLAUSE; PROVIDING A REPEAL OF ORDINANCE 06-06A; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE, WHEREAS, the Town Council of the Town of Lakewood Village, Texas desires to establish a specific requirement for all building construction; WHEREAS, the State of Texas mandates that it is necessary to establish uniform and minimum standards for the construction, erection, and maintenance of buildings and other structures in order to protect and promote the public health, safety, and welfare of the citizens of the Town and the Extraterritorial Jurisdiction of the Town, WHEREAS, the Town of Lakewood Village desires to adopt the most current set of International and minimum standard building codes; NOW, THEREFORE BE IT ORDAINED by the Town Council of the Town of Lakewood Village, Texas: SECTION 1. CODES The current versions of the International Residential Code, the International Building Code, the International Plumbing Code, the International Mechanical Code, the International Energy Code, the International Fuel and Gas Code, the International Prope1ty Maintenance Code, the National Electrical Code, the International Fire Code, and all appendices thereto, as herein after revised or amended are adopted. The said International Building Code, the International Plumbing Code, the International Mechanical Code, the International Energy Code, the International Fuel and Gas Code, the International Property Maintenance Code, the National Electrical Code are incorporated herein as if copied in their entirety. 265 SECTION 2. DEFINITIONS The Town - shall mean the Town of Lakewood Village Contractor - shall mean any person, firm, corporation, or other entity that is hired by a homeowner or landowner to perform any new construction, remodel, or repair on said homeowner or landowner's real property. Building Official - shall mean an employee of the Town of Lakewood Village who performs inspections, plan reviews, and is licensed by the State of Texas as a Building Inspector, or any properly qualified person that is employed by the Town that has been appointed to perform such work. Erosion Control - the containment of all dirt, soils, sand, fill or grass, in such a manner, to prevent said materials from encroaching onto adjacent properties, town easements, drainage culverts, or utility placements ETJ ·shall mean the Extraterritorial Jurisdiction of the Town of Lakewood Village Masonry - shall be defined as brick, concrete hollow clay tile, concrete block, natural stone, or any combination of these materials that are laid up by unit and set in mortar. Construction Site Refuse Control • the containment of and weekly or monthly removal of both construction and laborer refuse to prevent said materials from encroaching onto adjacent homeowner properties, town easements, drainage ditches and culverts, and should be in compliance with OSHA and local codes. SECTION 3. GENERAL All Building Permits shall expire 180 days from the date the permit is issued. A permit expiration may be extended if a Contractor issues a construction calendar with the submission packet and the calendar is approved by the Building Official and Mayor. If the Construction Calendar that is provided by the Contractor is not adhered to, the Building Permit shall expire without further action by the Town. SECTION 4. BUILDING FEES & REOUIREMENTS A. Fees will be outlined in Exhibit A of this ordinnace B. Water/Sewer Taps· A licensed plumber that is registered with the Town shall perform all work connecting to the Town utilities. C. All sprinkler permits are required to have a final inspection accompanied by a Backflow Prevention Report Form and a Customer Service Inspection Letter. These forms can be obtained from the office of the Town Secretary. Ordinance 10-01 Building Ordinance Page 2of19 266 D. In the construction, maintenance, or repair of any building or structure within the Town or the ETJ, for which a building permit is required by the current building codes, no person shall perform any electrical, plumbing, mechanical, fencing, backflow, concrete, third party inspections, irrigation, or roofing unless and until such time as that person is registered with the Town to perform such work. E. All contractors who are required by state law or local ordinance to be licensed must register with the Town of Lakewood Village before applying for permits or performing any work. All contractors registered with the Town, or unregistered, shall perform no work of any sort/kind without being properly licensed. The Mayor or Building Official, upon receipt of a written citizen complaint, shall place said Contractor's registration in investigation status. No inspections will be allowed or permits issued to any Contractor whose registration is in investigation status. The Mayor, in periods of absence from the Town, may designate an individual to act in his/her stead for purposes of this section. The Town shall forward the citizen's written complaint to the Contractor. In the event a Contractor wishes to contest a citizen's complaint, the contractor shall request a complaint review by the Mayor or Building Official. If a written response to the citizen's written complaint is not made by the Contractor within fourteen (14) days of the date the citizen's complaint is mailed to the Contractor, the Mayor or Building Official shall in his/her sole discretion place any condition upon the contractor's registration necessary to rectify the citizen's complaint including, but not limited to, revocation of the contractor's registration. No complaint other than one in writing may be used to revoke or otherwise place any condition upon any contractor's registration. Complaints that do not affect the citizens of the Town of Lakewood Village or residents of the ETJ will be summarily dismissed. The Mayor or Building Official shall issue his/her decision in writing to the Contractor and complaining citizen. The Contractor or citizen may appeal the Mayor or Building Official's decision to the Board of Appeals as set forth in Section 9. An appeal of the Mayor or Building Official's decision must be completed by written document within fourteen (14) days of the date of the Mayor or Building Official's decision. At any appeal to the Board of Appeals, the Contractor or citizen bear the burden to produce evidence establishing any error occun"ing in the Mayor or Building Official's decision regarding the contractor's registration. SECTION 5. PERMIT APPLICATION A. A residential permit application consist of five (5) forms, which must be completed and signed by the Contractor and his or her registered mechanical, electrical, and plumbing contractors. These forms are the mechanical permit, electrical permit, plumbing permit, concrete permit, and application for building permit forms. B. Detailed and accurate descriptions are required regarding the addresses and legal description of the subject property including Lot, Block and complete subdivision name with correct phase. Ordinance 10-01 Building Ordinance Page 3of19 267 C. All contractors are required to be registered with the town and must have such approved registration on file before any permit will be issued. SECTION 6. BUILDING PLAN PACKET SUBMISSION Along with the permit application forms set forth above, the following documents are required prior to any approval being granted in the quantity and detail as specified: A. Two (2) plot plans containing lot dimensions, plan footprint, set-backs (front, rear and sides) complete address, lot and block, subdivision and phase, utility and easement locations, engineers and contractors names, finish pad elevations, finish floor elevations, topographical elevations, driveways, sidewalks, fence locations, lot area, slab area, and coverage percent. All drawings provided must be to scale. B. Two (2) foundation designs (11" x 17'' drawing and engineer letters) one of which must have an original signature and stamp. C. Three (3) complete bound sets of construction drawings. Town Copy must be 11" x 17" or application will be automatically rejected without further action or notification by any Town Official. Plans must include elevations, framing details, including soffit overhang details, masonry percentage calculations, square foot calculations, electrical load calculations, electrical panel size, electrical panel location, mechanical specifications, foundation design letter must be address specific. All plans must be drawn by a state licensed architect and must be drawn to scale. D. Two (2) sets of drainage plans must be provided. Town copy must be 11" x 17" drawn to scale, showing the actual dimensions and shape of the lot to be built upon. The drainage plans must show sea level elevations and all flatwork drawn to scale. E. Floor plans, elevations, framing, roof plan, electrical and "to be built options" must be clearly shown and detailed. Single sheet submittals are not acceptable. HV AC and Plumbing design drawings are also required. Options reflecting additional buildable space must be identified by the actual square footage area and included in the permit values for total air-conditioned area and or construction area under roof. F. Elevation drawings must clearly state that the structure meets the exterior requirements set forth below in Section 11 by the Town of Lakewood Village, or provide masonry calculations (i.e. Front % + Right % + Left % + Rear % = total masonry %) G. All drawings must be legible and show proper square footage for air-conditioned and total building areas. H. One(!) Energy analysis (i.e.; MecCheck, ResCheck or Energy-Star) shall be provided by a certified professional. Ordinance 10-01 Building Ordinance Page 4of19 268 I. All third party rater information and documentation must be submitted if an Energy Star Home is being constructed or modified. J. Electrical Voltage Drop letter shall be provided and must be on the electrical contractors letterhead K. Mechanical Air Flow Calculations shall be provided and must be on the mechanical contractors letterhead L. A copy of the contract agreement between the contractor and the homeowner/landowner must be provided to the town, unless the homeowner/landowner is the contractor. SECTION 7. PLAN REVIEW PROCESS All plans must be submitted to the Town of Lakewood Village for review. Plans are reviewed in the order they are received. The Town's goal in plan review is a one to two week tum around time for complete and accurately prepared submittal packages. Incomplete submissions may require additional time processing the plan review for the permit. SECTION 8. LICENSING AND REGISTRATION REQUIREMENTS A. No person shall engage in the business of construction of new buildings or structures, or make any repairs, alterations, or changes to an existing building or structure, unless that person is registered as a Contractor by the Town. Provided however that (i) no license shall be required for work on any building or structure for which a building permit is not required by this code and (ii) persons who occupy and reside within any property as their home shall not be required to obtain a license or register with the Town. B. All Contractors must register with the Town of Lakewood Village before applying for permits or performing any work. A master or contractor license in the specific trade is required to register as a Contractor. All licensed Journeymen working for the Contractor shall be listed on the contractor registration form. All work shall be supervised by a licensed individual, who must be within 5 minutes of any job under their supervision. A licensed residential wireman may supervise one helper or apprentice. Any work discovered being perfo1med without the required licensed personnel shall be conspicuously identified to prevent reuse and shall be removed. In addition to a citizen complaint, multiple violations of licensure requirements may result in suspension of a Contractors' registration. Any individuals found performing work without the required registration shall be required to leave the jobsite. A Contractor is defined as set forth above in Section 2. All registrations will expire on December 301h of each year. The General Contractor must carry insurance that covers all subcontractors and the projects they are actively working on under the General Contractor. In the event there is not a General Contractor, each subcontractor is required to supply the Town with a copy of their liability insurance with a minimum $100,000.00 policy coverage for each project. It will be the responsibility of the registered individuals to ensure that this process is complete before permits will be issued and any work in the specific trade is commenced. Ordinance 10-01 Building Ordinance Page 5of19 269  The Town reserves the right to deny or revoke any contractor registration if there are justifiable reasons or violations as determined by the Town. C. The following Contractors disciplines must follow the applicable registration process. GENERAL CONTRACTORS. BUILDER REGISTRANTS: 1. Contractor registration filled out completely. 2. A valid State of Texas driver's license or photo I.D. card. 3. A valid certificate of liability insurance or bond in an amount no less than $1,000,000.00 kept in force for the duration of the project. Each project is required to have it's own policy. 4. Proof of registration with Texas Residential Construction Commission is required at the time ofregistration and for the duration of the project. ELECTRICAL REGISTRANTS: I. Contractor registration filled out completely. 2. A valid Masters license is required at the time of registration and for the duration of the project. 3. A valid State of Texas driver's license or photo I.D. card. 4. All Journeyman and or Wireman performing work must be registered and posses a current license at the time of registration and for the duration of the project. 5. A list of additional persons authorized to sign applications and pick up approved permits for your company. 6. Proof of insurance as set forth in Section 8 (B) above. PLUMBING REGISTRANT: I. Contractor registration application filled out completely. 2. A valid Masters license is required at the time of registration and for the duration of the project. 3. A valid State of Texas driver's license or photo l.D. card. 4. All journeyman, tradesman, and apprentices performing work must be registered and possess a current license at the time of registration and for the duration of the project. 5. A list of additional persons authorized to sign applications and pick up approved permits for your company. 6. Proof of insurance as set forth in Section 8 (B) above. MECHANICAL REGISTRANT: I. Contractor registration application filled out completely. 2. A valid Masters license is required at the time of registration and forthe duration of the project. 3. A valid State of Texas driver's license or photo l.D. card. 4. A list of additional persons authorized to sign and pick up approved permits for your company. 5. Proof of insurance as set forth in Section 8 (B) above. IRRIGATION REGISTRANT: Ordinance I 0-0 I Building Ordinance Page 6of19 270  1. Contractor registration application filled out completely. 2. A valid Irrigation license is required at the time of registration and for the duration of the project. 3. A valid State of Texas driver's license or photo l.D. card. 4. A list of additional persons authorized to sign applications and pick up approved permits for your company. 5. Proof of insurance as set forth in Section 8 (B) above. BACKFLOW TESTER REGISTRANTS: I. Contractor registration application filled out completely. 2. A valid Backflow Testers License is required at the time of registration at the time of registration and for the duration of the project. 3. A valid State of Texas driver's license or photo I.D. card. 4. Proof of insurance as set forth in Section 8 (B) above. SIGN CONTRACTOR REGISTRANT: I. Contractor registrant application filled out completely. 2. A valid State of Texas driver's license or photo I.D. card. 3. A list of additional persons authorized to sign applications and pick up approved permits for your company. 4. Proof of insurance as set forth in Section 8 (B) above. THIRD PARTY INSPECTOR REGISTRANT: 1. Contractor registration application form filled out completely. 2. A valid State of Texas driver's license or photo l.D. card. 3. A list of qualified persons authorized to perform inspections. 4. Proof of certification 5. Proof of insurance as set forth in Section 8 (B) above. ROOFING REGISTRANT: I. Contractor registration application filled out completely. 2. Valid State of Texas drivers license or photo l.D. card. 3. Proof of insurance as set forth in Section 8 (B) above. CONCRETE REGISTRANT: 1. Contractor registration application filled out completely. 2. A valid State of Texas driver's license or photo I.D. card. 3. Proof of insurance as set forth in Section 8 (B) above. FENCE I SCREENING WALL REGISTRANT: 1. Contractor registration application filled out completely. 2. A valid State of Texas driver's license or photo l.D. card. 3. Proof of insurance as set forth in Section 8 (B) above. Ordinance I 0-0 I Building Ordinance Page 7 of19 271 D. Any registered Contractor that fails to maintain compliance with any provisions of this section shall cease all work being performed at the time the Contractor is no longer in compliance. SECTION 9. BOARD OF APPEALS A. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of this Ordinance, there shall be and is hereby created a Board of Appeals. The Town Council of the Town of Lakewood Village, Texas shall serve as the Board of Appeals. The Building Official shall be an ex-officio member of and shall act as secretary to the Board but shall have no vote on any matter before the Board. The Board shall adopt the rules of procedure for conducting its business, and shall render all decisions and finding in writing to the appellant with a duplicate copy to the Building Official. I. The powers of the Board shall be as follows: a. To hear appeals from decisions of the Building Official b. To hear requests for the use of a material or method of construction not prescribed or authorized by this code, and to authorize the use when, in the Board's judgment, the material or method of construction is at least equivalent to that prescribed; and c. To hear complaints, after suspension of any Contractor's registration as set forth in Section 4(1), from the Building Official, or any citizen, arising against any person, firm, or business registered with the Town to perform construction work of any type and shall have the power, after a hearing, to revoke or suspend the registration for any of the following reasons: (i) Chronic violation of these codes and this ordinance: (ii) Misrepresentation of material facts in obtaining the said registration or any renewal thereof: (iii) Chronic failure to secure permits, inspections, or approvals as required by this code; (iv) Use of said registration to obtain a permit for another person, firm, or corporation; (v) Causing liens, other than the registrant's, to be improperly created on a citizen's property; (vi) Threatening any citizen in any manner; (vii) Committing any crime of violence within the Town; or (viii) Committing any single violation of these codes or this ordinance placing any citizen in imminent danger. Ordinance 10-0 I Building Ordinance Page 8of19 272  2. The Board of Appeals shall have no authority relative to interpretation of the administration provisions of this Code nor shall the Board be empowered to waive requirements of this Code. SECTION 10. PREMISE IDENTIFICATION A. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting property. Said numbers shall contrast with their background, and shall comply with the following provisions, as applicable: !. Residential occupancies shall have numbers a minimum of six (6) inches in height and be in a contrasting color to the background; 2. Duplexes shall have street and/or building numbers a minimum of eight (8) inches in height. When deemed necessary by the Town the street and/or building numbers may be required to be of a larger size for immediate and visible identification; 3. If the structure is more than two hundred (200) feet from a public street, the address shall also appear at the front or main entry to the property with numbers a minimum of six (6) inches in height. 4. When deemed necessary by the Town street or building numbers may be required on more than one side of the structure or property; 5. Building and/or street numbers shall be located in an area and lighted in a manner that will make them immediately discernible as approved by the Town. SECTION 11 NEW CONSTRUCTION REQUIREMENTS A. Temporary buildings or structures such as reviewing stand and other miscellaneous structures, sheds, canopies, or fences used for the protection of the public around and in conjunction with construction work may be erected only by special permit from the Town Building Official for a limited period of time to be designated in said permit; provided, however, that no portable or moveable trailer or similar building or structure shall be permitted during any period of construction. B. Temporary buildings or structures need not comply with the type of construction or fire resistive time periods required by this code. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in this permit with all surface area restored to its natural state. C. Portable toilets shall be provided at all construction job sites for which a building permit is required by this code. Ordinance 10-01 Building Ordinance Page 9of19 273 D. All Contractors will comply with the town's construction site refuse control program as outlined here. All residential and/or commercial construction sites shall be responsible for providing at a minimum, one 20-yard open top roll-off bulk trash container for construction debris and refuse, or a temporary refuse containment structure with minimum dimensions of 81 L x 81 W x 41 H made of 111 extel'ior plywood secured tightly on all four corners and to the ground in some manner. The container should have a hinged drop down or swing gate on one side for debris removal access. The contractor will also provide a temporary removable top cover either of exterior plywood and or a heavy tarp for either type of debris storage receptacle to prevent flying debris from possible windy or stormy conditions, etc. If a roll-off trash receptacle is used it must be obtained from the waste company that is currently under contract with the Town of Lakewood Village. Contractors are required to keep construction sites free and clear of trash at all times including no overflowing trash receptacles. The town administrative staff and designated building inspector reserve the right to perform unannounced spot inspections. If the construction site is found in violation of this ordinance then the construction site will be RED FLAGGED and an IMMEDIATE Stop Work Order will be issued with possible suspension of any registration. Once Red Flagged, the contractor will need to take corrective action to bring the work site to an acceptable condition and when compliance is obtained, the Red Flag will be lifted and construction activities may be resumed. E. Effective erosion control is required prior to any constmction activity and will include the installation of an adequate and repositionable silt fence which should run along the property lot's inside border boundary above and adjacent to the drainage ditch area and the public roadway. The silt fence will be constrncted in a practical manner with the necessary openings so as to allow easy entry and exit from the roadway to the prope1ty constrnction site for all necessary construction equipment and machinery. F. It is the responsibility of the Contractor to place the proper size culvert on the lot to gain access to the lot prior to any construction. Upon completion of construction the culve11s ends must be in concrete and the culve11 must continue the direction of the flow of drainage. All culvert sizes are obtained through the Town. G. A Contractor is prohibited from adding dirt to the lot, benching the lot, or preparation of the lot prior to obtaining permit approval. H. It is the responsibility of the Contractors to keep a copy of all approved plans on the construction site at all times. They must be placed in a water tight container. All paperwork due to the inspector for inspection purposes and in compliance with this ordinance must be placed within this container. The replacement of any lost or stolen permits will be at a cost of $10.00 per occurrence. I. Energy Conservation Code Compliance Ordinance I 0-0 l Building Ordinance Page 10of19 274  1 All residential construction shall comply with the following simplified requirements or provide other approved energy compliance documentation (i.e. MecCheck, ResCheck, or Energy Star). These are minimum requirements. 1. Attic Insulation (blown)= R38 2. Exterior Sloped Ceilings (blanket)= RI 9 3. Floor insulation (blanket)= Rl9 4. Exterior Wall Insulation= RI 3 5. Environmental Air Duct in unconditioned Spaces= R6 (supply & return) 6. Windows= U.65 SHGC = .40 7. NC system efficiency minimum of 13 SEER 2. Each window assembly (doors with 50% or more glazing) is required to display at the time of insulation a certificate rating label indicating the National Fenestration Rating Council has tested the assembly. The label shall not be removed until after insulation inspection has been completed and approved. Window assemblies, which do not bear a certification rating shall be failed and removed from the window opening. J. Energy Star Homes 1. A third party rater plan review and inspection/testing by RESNET agency certified for the State of Texas will be required. Both voluntary and mandatory compliance will require two complete copies of rater analysis with building plan submission for building permit. Raters air-conditioning must be within 1% of plan/permit area. Contractors shall employ the same rater for plan review, inspection, and testing. 2. A third party verification form must be completely filled out, indicating final "HERS" rating score prior to the builders request for final inspection and certificate of occupancy. 3. To verify compliance with Environmental Protection Agency, the Town of Lakewood Village will not issue a ce1tificate of occupancy until all required documentation has been submitted and approved. This will only apply to homes that fall under this category. K. Upon completion of construction, no one may occupy or move any objects into or onto the property of new construction until a Certificate of Occupancy inspection has been performed and passed by an official of the Town. This is a separate inspection from the Final 100% complete inspection. Violation of this requirement will result in all utilities being disconnected until such time as a Certificate of Occupancy has been issued after all the proper inspections have been performed. L. Secondary structures will be permitted as new construction with minimum square footage requirements waived as long as secondary structure is contained within the property lines of the primary residence lot(s) and required set backs are met. Any secondary structure Ordinance I 0-0 I Building Ordinance Page 11of19 275  built on any adjacent lot must conform to the minimum square footage requirements of that section as stated in Ordinance 83-0lA Section 9 as amended or revised unless both lots are re-platted as a single lot and said plat is filed on record with Denton County, Texas. Proper proof of filing with Denton County, Texas must be provided to the Town at the time the building permit is sought. M. All new building construction will have a garage with the following requirements: 1. There shall be no front-facing garages on any new construction. Where the configuration of the ground is such that conformity with this provision of this ordinance would work a hardship, the Town Council may permit a variance. 2. There shall be a garage size requirement on all new construction of a minimum of 25 feet in width and 22 feet in depth. Where the configuration of the ground is such that conformity with this provision of this ordinance would work a hardship, the Town Council may permit a variance. N. Driveways 1. All new building construction will have a driveway. The pouring requirements are as follows: a. The Contractor shall notify the Town of when they are scheduled to pour within 48-hours prior to pouring. b. No concrete will be poured before 7:00 a.m. c. At the time of the scheduled pour, and prior to driving to the location of the pour, the Contractor and concrete registrant will be responsible for turning in all weight tickets to the Town. d. As per Weight Ordinance No. 98-09 Section 3 (C) as amended or revised, the gross weight limit on Town streets for a ready-mix concrete truck shall be 58,420 lbs. e. The minimum thickness of six (6) inches and minimum compression strength shall be 3000 psi at 28 days. f. Driveways shall be a minimum of IO foot wide, in Town Section S driveways shall be a minimum of 12 foot wide. g. 3/8 inch rebar with no greater than 16 inch centers is required on all driveway construction. Re-bar placement must be inspected 48-hours prior to the pouring of concrete. h. All driveways must properly tie into the street. The Contractor is responsible for any road damage that may occur during the construction of the permitted project. All roads must be restored at least to their original condition prior to receiving their 100% final inspection. i. It shall be unlawful for any person, firm, or corporation or other legal entity to erect, construct, enlarge, alter, repair, move, improve, convert, or demolish Ordinance I 0-0 I Building Ordinance Page 12of19 276  any flatwork or driveway or cause to permit the same to be done in violation of this ordinance. j. A driveway permit that would place the water meter, water valve and meter box in the driveway shall provide, as a condition of said permit, for the removal of the water meter, water valve, and meter box out of the driveway, at the home and/or land owners expense. Replacement of the water meter, water valve, and meter box shall be in a manner were the meter can be serviced with an additional inspection on the plumbing performed by the Building Official at an additional cost of $75.00. A licensed plumber who is registered to work in the Town of Lakewood Village shall perform the replacement of the water meter, water valve, and meter box. 0. A form survey will be completed at the time that the forms are in position before the concrete is poured to ensure that the location of the slab is in compliance with all town ordinances. A copy of the form survey will be submitted to the Town. P. Height. There shall be no buildings, residential or commercial, that exceed 35 foot in height. Any exceptions are outlined in the Zoning Ordinance 83-0lA, as amended or revised. Q. The exterior facades of a main building or structure, excluding glass windows and doors shall be constructed of eighty (80) percent masonry requirement on all new construction for anything over 200 square feet or greater. Cementatious fiber board shall not be considered masonry; cementatious fiber board may be used to replace existing siding on existing structures, with pre-approval of the Building Official. Cementatious fiber board may also be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, or other architectural features approved by the Building Official. R. Wood roof shingles are prohibited. S. The use of Stucco, various types of stucco and installation procedures must have prior approval from the Building Official. If approved, the builder must provide the installer's certification and certificate for the Town's files. Only true three coat stuccoing will be considered. Additional inspections are required at, hath, scratch coat, and brown coat. T. Exterior Insulation Finish System (EIFS) shall not be permitted on any construction. U. Construction work times shall begin no earlier than 7:00 a.m. and shall end no later than 7:00 p.m. V. All roof pitches shall have a minimum of four (4) inches over twelve (12) inches. W. The Town will grant approval to initiate electrical service for permanent or temporary use. Ordinance 10-01 Building Ordinance Page 13of19 277 X. All new construction shall have gutters installed in accordance to the submitted drainage plan with the minimum of the entire front of house, all exits, and above all air- conditioning units. Y. It is also the responsibility of the Contractor to ensure the grading of the ditches or easements continue the flow of drainage prior to receiving the 100% Final Inspection. Lot to lot drainage is not allowed. Z. All property comers must be permanently identifiable. SECTION 12 INSPECTION REQUIREMENTS A. Request for Inspections FAXED REQUESTS: Faxed requests will be accepted until 8:00 a.m. for inspection within 48 hours. Official time will be accounted for based on time noted on the received fax. Receipt of any faxed request without a date and time set forth in a proper header will not be processed. Missing the cut off time will require the inspection to be made on the following business day. Fax number is provided in the Contractor Guidelines TELEPHONE REQUESTS: Telephone requests will be accepted until 11 :00 AM for inspection within 48 hours. Official time will be accounted for based on the time call is received or by voice mail time stamp. Missing the cut off time will require the inspection to be made on the following business day. All phone numbers are provided in the Contractors Guideline. Inspector will leave the inspection tag on site in a designated water-tight box that is provided by the Contractor. B. Building permits will include inspections performed during the following construction stages: I. T-Pole 2. Plumbing Rough, form board surveys are due at this time on site 3. WaterTap 4. SewerTap 5. Pier and Beam 6. Foundation 7. Pre-frame, prior to any roof decking, soffit, or fascia 8. Frame 9. Mechanical 10. Electrical 11. Plumbing Top Out 12. 4 foot brick tie inspection 13. Electrical/Gas Meter Release Ordinance I 0-0 I Building Ordinance Page 14 of19 278  14. Flatwork 15. 100% Final 16. Certificate of Occupancy • All Third party insulation inspections reports are due prior to the electrical/gas meter release. • At the time of the scheduled pour, and prior to driving to the location of the pour, the Contractor will be responsible for turning in all weight tickets to the Town. • Inspectors will not provide more than ten (10) items of which need corrected. Once ten (10) items have been noted for corrections the inspection will be stopped and failed until all items have been corrected. • Termite letter, Customer Service Inspection letter, and the Final Grade survey is due on site at the 100% Final Inspection. • Piers must be inspected by an independent contractor. A copy of the inspection must be supplied to the Town prior to calling in the next inspection. C. Mandatory re-inspections. All Contractors shall have one ( 1) week to fix all items from the prior inspection. The Building Official will immediately fail and discontinue the re- inspection upon finding a prior failed item that was listed on the prior inspection tag. All items must be inspected prior to cover up, i.e. concrete and sheet rock. Mandatory re- inspections shall continue weekly until such time as the inspection is passed, and subject to the re-inspection fees below. D. Re-inspection fees. The Town shall charge up to $100.00 for the first re-inspection. With each subsequent re-inspection the Town shall increase the re-inspection fee, for the failed inspection only, by $100.00 each time it fails, up to a maximum of $1,000.00 per inspection. E. Local amendments to the International Plumbing Code for new construction will meet the following: 1. No air admittance valve shall be permitted 2. All underground domestic water supply shall be copper, 1 inch copper type L service line with a one inch meter. 3. Termite shield wire mesh is required on all plumbing into the house. F. Local amendments to the National Electric Code for new construction will meet the following: 1. Minimum size wire shall be # 12. G. It is the responsibility of the Contractor to provide what the inspector may need to perform the inspections, i.e. a ladder, temporary lighting, etc. Temporary lighting is required for all House Seconds and Rough Inspections to be installed prior to request for Ordinance 10-01 Building Ordinance Page 15of19 279  inspections. Should temporary lighting not be in place, the inspection will be failed and subject to 12 (C) above. H. All Sprinkler Contractors must have the Backflow Prevention Form filed with the Town of Lakewood Village prior to hooking the system up to the water supply. I. All inspections must be performed during daylight hours. SECTION 13. EXISTING CONSTRUCTION I REPAIRS I REMODELING REQUIREMENTS A. All remodels and repairs for buildings over 200 square feet, inspections are required only as they apply to the permitted improvements, applicable building codes and Town ordinances. B. All new construction foundation plans are to be drawn and sealed by an Engineer licensed by the State of Texas. C. An application for flatwork must be submitted to the Town for approval. Flatwork must follow all other flatwork requirements within this ordinance. D. Erosion control is required prior to any construction and must be maintained throughout construction completion. E. All remodels, repairs, alterations, must have two (2) copies of the plot plans turned into the Town showing the actual dimensions and shape of the lot to be built upon or altered, the exact sizes and locations on the lot of any already existing buildings, and the location and dimensions of the proposed building or alteration. F. Two copies of the existing house plans prior to any alterations, remodels or repair must be turned in prior to approval of the permit. SECTION 14. AUTHORITY OF THE BUILDING OFFICIAL The Town's Building Official shall have the authority and power to enforce all provisions of all ordinances passed and approved by the Town of Lakewood Village, Texas and all codes contained within this ordinance and all amendments. SECTION 15. PENALTY It shall be unlawful for any person to violate any provision of this ordinance. Any person violating or failing to comply with any provisions hereof shall be fined, upon conviction, in an amount not more than two thousand dollars ($ 2,000.00). Each day during or on which a violation occurs or continues shall be a separate offense. Ordinance 10-01 Building Ordinance Page 16of19 280  SECTION 16. REPEALER Previous Building Code ordinance 06-06/\ and all of its amenclmenls and revisions are hereby repealed in lhei r enti rely. SECTION 17. SEVERABILITY The provisions of this ord inance are severable and if any scclion, article, paragraph, sentence, clause, phrase, or word in this ordinance or appl icalion thereof to any person or circumstance is held invalid or unconstitutional by a Courl or compelent jurisdiclion such holding shall not affect the validity of the remaining porlions or!his ord inance despi te such invalidity, which remaining porlions shall remain in full force and effect. SECTION 18. EFFECTIVE DATE This ordinance shall become effective rrom and arter its date of adoption and publication as requ ired by law. PASSED and APPROVED by the Town Counci l or the Town of Lakewood Village. Texas !his !he 14t h clay of January, 20 I 0. ATTEST: ,~',.l1 · l.·. Jl J:NV(I 1 Linda Asbell, Town Secretary Town of Lakewood Village, Texas Ordinance I 0-0 1 Building Ordinance Page 17of 19 281 EXHIBIT A FEES: A. Building Permit Fees inside the Town- the building permit fee shall be $1,500.00 for the minimum square footage, plus $1.25 for each square foot of the building or structure which exceeds the minimum square footage requirement of the particular zoning district in which the building is located. B. Building Permit Fees inside the ETJ - The building permit fee shall be $1.25 for each square foot of the building C. Water/Sewer Taps -The charges for tapping water mains and conveying the water to the property line shall be a minimum of $900.00 plus any other expenses the town incurs. All costs and expenses for labor and materials incurred by the Contractor which costs include, but are not limited to, meter boxes, couplings, tubing, and necessary excavation work are the responsibility of the Contractor. It is the responsibility of the Contractor to ensure all meters, water shut off valves, and fire hydrants are brought up to grade by use of risers prior to receiving the water tap inspections. Meter boxes cannot be made of plastic. D. Flatwork Permit Fees -$250.00 for any flatwork, other than foundations, which includes, but is not limited to, flatwork greater than 200 square foot or greater, sidewalks, driveways and patios for the first two inspections, each subsequent inspection shall be $75.00 per inspection after the second inspection. E. Driveway Permits -$200.00. A driveway permit that would place the water meter, water valve and meter box in the driveway shall have a condition of said driveway permit for the removal of the water meter, water valve, and meter box out of the driveway, at the home and/or land owners expense. Replacement of the water meter, water valve, and meter box shall be in a manner were the meter can be serviced with an additional inspection on the plumbing performed by the Building Official at the cost of $75.00 F. Plan Review Fees - When documents are submitted a plan review fee shall be paid at the time of submittal. The plan review fee shall be 65% of the building permit fee. The plan review fee is a separate fee from all other fees and is in addition to the permit fee. G. Registration Fees -- General Contractor $500, sub-contractors and others $100 per person/per year H. Fence Permit -- $150.00 I. Sprinkler Permit -- $150.00. J. Electrical Permit -- $150.00 K. Plumbing Permit -- $150.00 Ordinance I 0-0 I Building Ordinance Page 18of19 282 EXHIBIT A PAGE TWO FEES (continued): L. Miscellaneous Permits -- $150.00 if not more than two inspections are required. For each inspection required over two an additional fee of $75 will be applicable. L. Pool Permits -- $500.00. Ordinance 98-06A is incorporated herein as revised or amended. Soil reports are required for all pool construction prior to permitting. M. Spa Permits -- $250.00. Ordinance 98-06A is incorporated herein as revised or amended. N. The Board of Appeals fee for structures up to 500 square feet - $100.00, 501 square feet up to 5,000 square feet - $250.00, structures over 5001 square feet - $500.00. 0. Stucco Exterior Finish -- $250, in addition to any necessary building permits, requires 3 additional inspections. Ordinance 10-01 Building Ordinance Page 19of19 283 Exhibit 22 284 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD CO UNTY OF DENTON ) I hereby certify. in the performance or the functions of my office. that th e attached instruments are full. true and correct copies of Town of Lakewood Vill age Ord inance 11 -04. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Vi llage. Denton County . Texas, and are kept in said office . I fu11her certify that r am the Town Secretary of the Town of Lakewood Village. that 1 have legal cust0dy of said records, and that I am a lawfu l possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand nnd affixed the o ffi cial seal of The Town o f Lakewood Village th is 26th day o f March. 20 14. 285  TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 11-04 AN ORDINANCE TO ADOPT THE 2006 INTERNATIONAL MECHANICAL CODE, WITHIN THE TOWN OF LAKEWOOD VILLAGE AND THE TOWN OF LAKEWOOD VILLAGE EXTRATERRITORTIAL JURISDICTION; PROVIDING A SAVINGS/REPEALING CLAUSE, PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE WHEREAS, the Town Council of the Town of Lakewood Village, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Lakewood Village, Texas and the citizens inside the Town of Lakewood Village Extraterritorial Jurisdiction (collectively "Lakewood Village") to adopt the 2006 Edition of the International Mechanical Code, save and except the deletions and amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, 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: Adoption of the 2006 International Mechanical Code. The International Mechanical Code, 2006 Edition, copyrighted by the International Code Council, Inc., save and except the deletions and amendments set forth in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby adopted as the mechanical code for Lakewood Village, regulating the design, installation, maintenance, addition, alteration, and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within Lakewood Village (The "2006 International Mechanical Code"). The 2006 International Mechanical Code is made a part of this Ordinance as if fully set forth herein SECTION 3: Savings/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 286 the ordinance. Any remaini11g 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 therefore, shall be fined a sum not exceeding Two Thousand DoJlars ($2,000.00), and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. Lakewood Village 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. Lakewood Village hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, i1Tespective 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 upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF LAKE\.VOOD VILLAGE, TEXAS, on thjs 12th day of MAY, 2011. t1c~ own of Lakewood Viilage ATTEST ~ohb&e lL Linda Asbell, Town Secretary Town of Lakewood Village Ordinance 11-04 2006 International Mechanical Code Page 2of5 287  Exhibit "A" Town of Lakewood Village 2006 International Mechanical Code The following additions, deletions, and amendments to the 2006 International Mechanical Code adopted herein are hereby approved and adopted. Chapter 1. Administration of the 2006 International Mechanical Code is amended as follows: Section 102 Applicability of the 2006 International Mechanical Code is amended as follows: 102.8 Referenced codes and standards. The codes and standards referenced herein shall be those that are listed in Chapter 15 and such codes, when specifically adopted, and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFP A 70 or the ICC Electrical Code shall mean the Electrical Code as adopted by the Town of Lakewood Village as it currently exist or may be amended. Where requirements in this code conflict with any requirements of other adopted codes by the Town of Lakewood Village the most stringent requirements shall apply. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and the manufacturer's installation instructions shall apply. Section 106 Permits of the 2006 International Mechanical Code is amended as follows: 106.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 90 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 106.4.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work recommences, a new permit shall be first obtained and the fee, therefore, shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents Ordinance 11-04 2006 International Mechanical Code Page 3 of5 288  for such work, and provided further that such suspension or abandonment has not exceeded one year. 106.5.2 Fee schedule. The fees for mechanical work shall be as indicated in the Town of Lakewood Village Building Inspections Fee Schedule 106.5.3 Fee refunds. The code official shall authorize the refunding of fees as follows. 1. The full amount of any fee paid hereunder which was erroneously paid or collected. 2. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. Chapter 3 Regulations of the 2006 International Mechanical Code is amended as follows: Section 304 Installation of the 2006 International Mechanical Code is amended as follows: 304.9 Clearances from grade. Equipment and appliances installed at grade level shall be supported on a level concrete slab extending above adjoining grade a minimum of3 inches (76 mm) or shall be suspended a minimwn of 6 inches (152 mm) above adjoining grade. Section 306 Access and service space of the 2006 International Mechanical Code is amended as follows: 306.3 Appliances in attics. Attics containing appliances requiring access shall be provided with an opening and unobstructed passageway large enough to allow removal of the largest appliance. The passageway shall not be less than 30 inches (762 mm) high and 22 inches (559 mm) wide and not more than 20 feet (6096 mm) in length measured along the center line of the passageway from the opening to the appliance. The passageway shall have continuous unobstructed solid flooring not less than 24 inches (610 mm) wide. A level service space not less than 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present at the front or service side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), where such Ordinance 11-04 2006 International Mechanical Code Page 4of5 289  dimensions are large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one of the following: 1. Permanent stairs or ladder fastened to the building. 2. A pull down stair with a minimum 300 lb. rating. 3. An access door from an upper floor. Exceptions: 1. The passageway and level service space are not required where the appliance can be serviced and removed through the required opening. 2. Where the passageway is unobstructed and not less than 6 feet (1829 mm) high and 22 inches (559 mm) wide for its entire length, the passageway shall be not more than 50 feet (15 250 mm) long. Chapter 5 Exhaust Systems of the 2006 International Mechanical Code is amended as follows: Section 504 Clothes dryer exhaust of the 2006 International Mechanical Code is amended as follows: 504.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the outlet terminal. The maximum length of the duct shall be reduced 21/2 feet (762 mm) for each 45 degree (0.79 rad) bend and 5 feet (1524 mm) for each 90 degree (1.6 rad) bend. The maximum length of the exhaust duct does not include the transition duct. Exception: Where the make and model of the clothes dryer to be installed is known and the manufacturer's installation instructions for such dryer are provided to the code official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer's installation instructions, and provided that a 4 inch by six inch sign red in color with white letters is permanently affixed to the structure stating the following: Warning: Dryer must be approved for vent length not to exceed 40 feet total developed length (TDL). Duct Size: (Insert Number) Total Developed Length: (Insert Number) Chapter 6 Duct systems of the 2006 International Mechanical Code is amended as follows: Section 603 Duct construction and installation of the 2006 International Mechanical Code is amended as follows: 603.6.1.1 Duct length. For other than residential construction, flexible ducts shall be limited to 5 foot connections at end of duct runs. End of Exhibit "A" Ordinance 11-04 2006 International Mechanical Code Page 5 of5 290 Exhibit 23 291 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DE:NTON ) l hereby certify, in the performance of the fun ctions of my office, th at the attached instruments are full , true and correct copies of Town of Lakewood Vi llage Ord inance 11-08. The same appear o f record in my office and said documents are the offic ia l records from the public office of the Town Secreta ry of the Town of Lakewood V illage. Denton County, Texas. and are kept in said office. I further certify that l am the Town Secretary o r Lhc Town of Lakewood V illage, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. fn witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Vi llage this 26th day of March, 20 14. ~cLc~~&o2. ~bell.TRMC, Town Secretary Tovvn of Lakewood Vi llage Denton Co unty State of Texas 292  TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE N0.11-08 AN ORDINANCE TO ADOPT THE 2005 NATIONAL ELECTRICAL CODE, WITHIN THE TOWN OF LAKEWOOD VILLAGE AND THE TOWN OF LAKEWOOD VILLAGE EXTRA TERRITORTIAL JURISDICTION; PROVIDING A SAVINGS/REPEALING CLAUSE, PROVIDING A PENAL TY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Lakewood Village, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Lakewood Village, Texas and the citizens inside the Town of Lakewood Village Extraterritorial Jurisdiction (collectively "Lakewood Village") to adopt the 2005 Edition of the National Electrical Code, save and except the deletions and amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, 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: Adoption of the 2005 National Electrical Code. The National Electrical Code, 2005 Edition, copyrighted by the National Fire Protection Association including Annex G, save and except the deletions and amendments set forth in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby adopted as the Electrical code for Lakewood Village, regulating the construction, alteration, removal, use, and/or maintenance of any electrical wiring, apparatus, device, or system within Lakewood Village (The "2005 National Electrical Code"). The 2005 National Electrical Code including Annex G is made a part of this Ordinance as if fully set forth herein. SECTION 3: Savings/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 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 therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be considered a separate offense; provided, 293 however, that such penal provision shall not preclude a suit to enjoin such violation. Lakewood Village 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 p01tions of this Ordinance. Lakewood Village hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, i1Tespective 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 upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, on th.is 12th day of MAY, 2011. $.s~ayor Town of Lakewood Village ATTEST Linda Asbell, Town Secretary Town of Lakewood Village Ordinance 11-08 2005 National Electrical Code Page 2of6 294  Exhibit "A" Town of Lakewood Village 2005 National Electrical Code The following additions, deletions, and amendments to the 2005 National Electrical Code adopted herein are hereby approved and adopted. Chapter 3 Wiring Methods and Material of the 2005 National Electrical Code is amended as follows: Article 300 Wiring Methods of the 2005 National Electrical Code is amended as follows: 300.1 Scope (A) All Wiring Installations This article covers wiring methods for all wiring installations unless modified by other articles. Article 310 Conductors for General Wiring of the 2005 National Electrical Code is amended as follows: 310.2 Conductors (B) Conductor Material Conductors in this article shall be of copper unless otherwise specified. Use of aluminum 1/0 and larger is allowed for multifamily and commercial use only. All grounding and bonding conductors shall be of copper. All electrical conductors for commercial, office, or industrial installation shall be installed in approved conduits or raceways regardless of type of construction. 310.5 Minimum Size of Conductors The minimum size of conductors shall be as shown in Table 310.5, except for low voltage control circuits. Table 310.5 Minimum Size of Conductors Conductor Minimum Conductor Size (A WG) Voltage Rating (Volts) Aluminum or Copper-Clad Aluminum Copper Aluminum (only feeders allowed) 0-2000 12 1/0 2001-8000 8 1/0 8001-15,000 2 1/0 15,001-28,000 1 1/0 28,001-35,000 1/0 1/0 310.14 Aluminum Conductor Material Ordinance 11-08 2005 National Electrical Code Page 3of6 295  Solid aluminum conductors 8, 10, and 12 AWG shall be made of an AA-8000 series electrical grade aluminum alloy conductor material. For multifamily and commercial use only. Stranded aluminum conductors 8 A WG 1/0 through 1000 kcmil marked as Type RHH, RHW, XHHW, THW, THHW, THWN, THHN, service-entrance Type SE Style U and SE Style R shall be made of an AA-8000 series electrical grade aluminum alloy conductor material. Documentation of all installations shall be provided for torque and terminations as required by article 110. ARTICLE 334 Nonmetallic-Sheathed Cable: Types NM, NMC, and NMS of the 2005 National Electrical Code is amended as follows: 334.12 Uses Not Permitted (A) Types NM, NMC, and NMS Types NM, NMC, and NMS cables shall not be permitted as follows: (1) In any dwelling or structure not specifically permitted in 334.10(1), (2), and (3) (2) Exposed in dropped or suspended ceilings in other than one- and two-family and multifamily dwellings (3) As service-entrance cable (4) In commercial garages having hazardous (classified) locations as defined in 511.3 (5) In theaters and similar locations, except where permitted in 518.4(B) (6) In motion picture studios (7) In storage battery rooms (8) In hoistways or on elevators or escalators (9) Embedded in poured cement, concrete, or aggregate (10) In hazardous (classified) locations, except where permitted by the following: a. 501.10(B)(3) b. 502.10(B)(3) c. 504.20 (11) In building where it would be required to pass through either factory or field punched, cut, or drilled slots or holes in metal members. Chapter 6 Special Equipment of the 2005 National Electrical Code is amended as follows: ARTICLE 680 Swimming Pools, Fountains, and Similar Installations of the 2005 National Electrical Code is amended as follows: 680. 71 Protection Hydromassage bathtubs and their associated electrical components shall be protected by a dedicated_ground-fault circuit interrupter. All 125-volt, single- Ordinance 11-08 2005 National Electrical Code Page 4of6 296  phase receptacles not exceeding 30 amperes and located within 1.5 m (5 ft) measured horizontally of the inside walls of a hydromassage tub shall be protected by a ground-fault circuit interrupter(s). Annex G Administration and Enforcement of the 2005 National Electrical Code is amended as follows: 80.15 Electrical Board. This Section deleted in its entirety. 80.23 Notice of Violations, Penalties. Notice of violations and penalties shall conform to 80.23(A) and (B). (B) Penalties. (1) Any person who fails to comply with the provisions of this Code or who fails to carry out an order made pursuant to this Code or violates any condition attached to a permit, approval, or certificate shall be subject to the penalties established by this jurisdiction. (2) Failure to comply with the time limits of an abatement notice or other corrective notice issued by the authority having jurisdiction shall result in each day that such violation continues being regarded as a new and separate offense. (3) Any person who commences any work on an electrical system before obtaining the necessary permits shall be subject to a Penalty of 100% of the usual permit fee in addition to the required permit fees. 80.25 Connection to Electricity Supply. Connections to the electric supply shall conform to 80.25(A) through (E). 80.27 Inspector's Qualifications. (A) Certificate. All electrical inspectors shall be certified by a nationally recognized inspector certification program. The certification program shall specifically qualify the inspector in electrical inspections. No person shall be employed as an Electrical Inspector unless that person is the holder of an Electrical Inspector's certificate of qualification, or can obtain the certificate of qualification within 6 months of initial hire issued by a nationally recognized inspector certification program. (B) Experience. Electrical inspector applicants shall demonstrate the following: Ordinance 11-08 2005 National Electrical Code Page 5of6 297  ( 1) Have a demonstrated knowledge of the standard materials and methods used in the installation of electric equipment (2) Be well versed in the approved methods of construction for safety to persons and property (3) Be well versed in the statutes and ordinances of The Town of Lakewood Village relating to electrical work and the National Electrical Code, as approved by the American National Standards Institute (4) Have had at least l years! experience as an Electrical Inspector or 2 years in the installation of electrical equipment. In lieu of such experience, the applicant shall be a graduate in electrical engineering or of a similar curriculum of a college or university considered by the Board as having suitable requirements for graduation and shall have had two years' practical electrical expenence. 80.29 Liability for Damages. Article 80 shall not be construed to affect the responsibility or liability of any party owning, designing, operating, controlling, or installing any electric equipment for damages to persons or property caused by a defect therein, nor shall the Town of Lakewood Village or any of its employees or agents be held as assuming any such liability by reason of the inspection, reinspection, or other examination authorized. 80.35 Effective Date. Article 80 shall take effect July 1, 2009 after its passage and publication. End of Exhibit "A" Ordinance 11-08 2005 National Electrical Code Page 6of6 298 Exhibit 24 299 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the perform ance of the functions o r my office, that the attached instruments ru·e ful l, true and correct copies of Town of Lakewood Village O rdinance 11-09. The same appear of record in my offi ce and said documents are the offici a l records from the public office o f the Town Secretary of the Town of Lakewood Village. Denton County, Texas, ru1d are kept in sa id office. I further certify that I am the Town Secretary or the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawfu l possessor and keeper of the records in said office. In witness whereof I have hereunto ser my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 20 14. ~cLo.~W . ~ell, TRMC. Town Secretary Town of Lakewood Village Denton County State of Texas 300  TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 11-09 AN ORDINANCE TO ADOPT THE 2006 INTERNATIONAL PLUMBING CODE, WITHIN THE TOWN OF LAKEWOOD VILLAGE AND THE TOWN OF LAKEWOOD VILLAGE EXTRATERRITORTIAL JURISDICTION; PROVIDING A SAVINGS/REPEALING CLAUSE, PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Lakewood Village, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Lakewood Village, Texas and the citizens inside the Town of Lakewood Village Extraterritorial Jurisdiction (collectively "Lakewood Village") to adopt the 2006 Edition of the International Plumbing Code, save and except the deletions and amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, 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: Adoption of the 2006 International Plumbing Code. The International Plumbing Code, 2006 Edition, copyrighted by the International Code Council, Inc., save and except the deletions and amendments set forth in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby adopted as the Plumbing Code for Lakewood Village, regulating the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing systems within Lakewood Village (The "2006 International Plumbing Code"). The 2006 International Plumbing Code is made a part of this Ordinance as if fully set forth herein. SECTION 3: Savings/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 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 therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and 301  every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. Lakewood Village 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. Lakewood Village hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, inespective of the fact that any one or more sections, subsections, sentences, clauses, ru1d phrases be declared unconstitutional. SECTION 6: Effective Date. This Ordinru1ce shall become effective upon its passage and publication as required by Jaw. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VJLLAGE, TEXAS, on this 12th day of MAY, 2011. Mi~ Scl1J1ittker, Mayor Town of Lakewood Village ATTEST ~JcJ9k&Q~ Linda Asbell, Town Secretary Town of Lakewood Village Ordinru1ce 11-09 2006 International Plumbing Code Page 2of4 302  Exhibit "A" Town of Lakewood Village 2006 International Plumbing Code The following additions, deletions, and amendments to the 2006 International Plumbing Code adopted herein are hereby approved and adopted. Chapter 1. Administration of the 2006 International Plumbing Code is amended as follows: Section 102 Applicability of the 2006 International Plumbing Code is amended as follows: 102.8 Referenced codes and standards. The codes and standards referenced herein shall be those that are listed in Chapter 15 and such codes, when specifically adopted, and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFP A 70 or the ICC Electrical Code shall mean the Electrical Code as adopted by the Town of Lakewood Village as it currently exist or may be amended. Where requirements in this code conflict with any requirements of other adopted codes by the Town of Lakewood Village the most stringent requirements shall apply. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and the manufacturer's installation instructions shall apply. Section 106 Permits of the 2006 International Plumbing Code is amended as follows: 106.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 90 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 106.5.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced and received a minimum of one approved inspection within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work recommences, a new Ordinance 11-09 2006 International Plumbing Code Page 3 of 4 303  permit shall be first obtained and the fee, therefore, shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year. 106.6.2 Fee schedule. The fees for Plumbing work shall be as indicated in the Town of Lakewood Village Building Inspections Fee Schedule 106.6.3 Fee refunds. The code official shall authorize the refunding of fees as follows. 1. The full amount of any fee paid hereunder which was erroneously paid or collected. 2. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. Chapter 9. Vents of the 2006 International Plumbing Code is amended as follows: Section 917 Air Admittance Valves of the 2006 International Plumbing Code is amended as follows: 917.3 Where permitted. Individual, branch and circuit vents shall be permitted to terminate with a connection to an individual or branch-type air admittance valve. Stack vents and vent stacks shall be permitted to terminate to stack-type air admittance valves. Individual and branch-type air admittance valves shall vent only fixtures that are on the same floor level and connect to a horizontal branch drain. The horizontal branch drain having individual and branch-type air admittance valves shall conform to Section 917.3.l or 917.3.2. Stack-type air admittance valves shall conform to Section 917.3.3. Air admittance valves shall only be installed with the prior written approval of the Building Official. End of Exhibit "A" Ordinance 11-09 2006 International Plumbing Code Page 4of4 304 Exhibit 25 305 ST ATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby cerli fy, in Lbe performance o f Lhe flln cLions o f my ofii ce, that Lhe attached instruments are full , true and correct copies of the Town o r Lakewood Vi ll age Ord inance 11- 11. T he same appear of record in my o ffice and said documents are the offic ial records fro m the public office of the Town Secretary of the Tovm or Lakewood Vi llage, Denton County, Texas, and are kept in said o ffi ce. l further certify th at I am the Town Secretary of the Town of Lakewood Vi llage. that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereof l have hereunto set my hand and affixed the offi cial seal of The T own of Lakewood Vi llage thi s 16th day o r March. 20 14. 306  TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 11-11 AN ORDINANCE OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, AMENDING ORDINANCE 08-06 AND ALL OTHER ORDINANCES OF THE TOWN REGULATING SUBDIVISIONS AND OTHER PROPERTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS, AMENDMENT AND REPEAL CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council ("Town Council") desires to amend Ordinance 08-06 and all other ordinances regarding the Town's rules and regulations for subdivisions and property development as authorized by Chapter 212, Texas Local Government Code, as amended; and WHEREAS, the Town Council finds that there is a public necessity requiring adoption of this ordinance, said public necessity being the need to establish rules and regulations for subdivisions and property development and extend such rules and regulations to the extraterritorial jurisdiction of the Town ("ETJ") to protect the public health, welfare and safety of the citizens of the Town and the ETJ; and WHEREAS, the Town Council is authorized and empowered to apply the Town's regulations for subdivisions and property development to its ETJ pursuant to Section 212.003 of the Texas Local Government Code; and WHEREAS, the Town Council has conducted a public hearing on the application of the Town's regulations for subdivisions and property development to its ETJ, and the Town Council finds and determines that all required notices and hearings in this regard have been given and that the meeting at which the public hearing has been held and at which this ordinance is being adopted were open to the public and conducted according to applicable law; and WHEREAS, the Town Council hereby finds and determines that the adoption of this ordinance is in the best interests of the health, safety and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS: Sec. 1. Findings Incorporated. The findings set forth above are incorporated into the body of this ordinance as if fully set forth herein. Sec. 2. Extension of Subdivision Rules and Regulations, Building Standards and Ordinance 11-11 Amendment of Subdivision Regulations Page 1 of3 307 Construction Permits and Fees, and Uniform Codes to the Extraterritorial Jurisdiction. This ordinance is hereby adopted under the authority of the Constitution and laws of the State of Texas, including Texas Local Government Code Chapter 212, and is being adopted after conducting a public hearing on the matter. The Town Council hereby amends Ordinance 08-06, the Town of Lakewood Village Subdivision and Property Regulations by extending the application of the Town of Lakewood Village Subdivision and Property Regulations to the extraterritorial jurisdiction of the Town, as that area may exist from time to time. This ordinance shall be applicable to the filing of plats, the subdivision of land, and development of property within the corporate limits of the Town and its extraterritorial jurisdiction as they may exist from time to time adjusted. All ordinances of the Town, including Ordinance 10-01, which by such ordinance( s) the Town Council has adopted and made applicable to the Town the uniform codes, including but not limited to those concerning and applicable to building, plumbing, mechanical, energy, fuel and gas, property maintenance, electrical, fire and all appendices thereto, and all ordinance(s) concerning and related to permits and permit fees for building and construction, shall be and are hereby amended to apply and extend all such ordinances and their provisions to the ETJ of the Town to the full extent as permitted by law. The Town shall have all remedies and rights provided by Texas Local Government Code, Chapter 212, with regard to the control and approval of subdivisions and plats and property development both within the Town and within its ETJ to the full extent as permitted by law. Sec. 3. Severability. It is hereby declared to be the intention of the Town Council that if any of the sections, paragraphs, sentences, clauses, and phrases of this ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not effect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance of unconstitutional or invalid phrases, clauses, sentences paragraphs or sections. Sec. 4. Savings, Amendment and Repeal. This ordinance shall be cumulative of all other ordinances of the Town and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this ordinance; provided, however, that Ordinance No. 08-06 of the Town and all other ordinance and parts of ordinance of the Town in conflict with this ordinance are hereby amended and repealed to the extent of such conflict, but provided that any complaint, action, cause of Ordinance l 1-11 Amendment of Subdivision Regulations Page 2 of3 308  action, or claim which prior to the effective date of this ordinance has been initiated or has arisen under or pursuant to Ordinance No. 08-06 shall continue to be governed by the provisjons of that ordinance and for that purpose Ordinance No. 08-06 shall be deemed to remain and shall continue in full force and effect. Sec. 5. Effective Date. This ordinance shall become effective from and after its date of passage and publication as provided by law. PASSED AND APPROVED by the Town Council of the Town of Lakewood Village 011the1 lth day of March, 2011. ~Mayor ATTEST: ~ l o'7Qobe02 ~sbell, Town Secretary APPROVED AS TO FORM: Wm. Andrew Messer, Town Attorney Ordinance 11-1 J Amendment of Subdivision Regu lations Page 3 of3 309 action, or claim which prior lo the effective date of this ordi11ance has been initiated or has arisen under or pursuanl to Ordinance No. 08-06 shall continue to be governed by the provisions of that ordinance and [or that purpose Ordinance No. 08-06 shall be deemed to remain and shall continue in 1.1.tll force and effocl. Sec, 5. Effective Date. This ol'dinance shall become etlective from und aller ils date of pnssage and publication as provided by law. PASSED AND APPROVED by the Town Council of the Town of Lakewood Village on the 11th day of March, 2011. ~,ike Schnittker. Mayor ATTEST: APPROVED AS TO FORM: Ordinance 11-11 Amendment ofSuhdivisim1 Rcgulntions Page 3 of3 310 Exhibit 26 311 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of Town of Lakewood Vi I lage Ordinance 11-13. The same appear of record in my office and said docw11ents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. 1 further certify that I am the Town Secretary of the Town of Lakewood Village, that 1 have legal custody of said records, and that I am a lawfu l possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 20 14. ~cl~b20Q ~ell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Tex as 312  TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 11-13 AN ORDINANCE TO ADOPT THE 2006 FUEL GAS CODE, WITHIN THE TOWN OF LAKEWOOD VILLAGE AND THE TOWN OF LAKEWOOD VILLAGE EXTRATERRITORTIAL JURISDICTION; PROVIDING A SAVINGS/REPEALING CLAUSE, PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Lakewood Village, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Lakewood Village, Texas and the citizens inside the Town of Lakewood Village Extraterritorial Jurisdiction (collectively "Lakewood Village") to adopt the 2006 Edition of the International Fuel Gas Code, save and except the deletions and amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, 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: Adoption of the 2006 International Fuel Gas Code. The International Fuel Gas Code, 2006 Edition, copyrighted by the International Code Council, Inc., save and except the deletions and amendments set forth in Exhibit "A'', attached hereto and incorporated herein for all purposes, is hereby adopted as the Fuel Gas code for Lakewood Village, regulating the design, installation, maintenance, addition, alteration, and inspection of Fuel Gas systems that are permanently installed and utilized to provide control of environmental conditions and related processes within Lakewood Village (The "2006 International Fuel Gas Code"). The 2006 International Fuel Gas Code is made a part of this Ordinance as if fully set forth herein. SECTION 3: Savings/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 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 therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and 313 every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. Lakewood Village retains all legal rights and remedies available to it pmsuant 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 po1tions of this Ordinance. Lakewood Village 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 upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, on this 14th day of APRIL, 2011. 01ke Schnittker, Mayor Town of Lakewood Village ATTEST ~0Cbb>P/L Linda Asbell, Town Secretary Town of Lakewood Village Ordinance 11-1 3 2006 International Fuel Gas Code Page 2of5 314 Exhibit "A" Town of Lakewood Village 2006 International Fuel Gas Code The following additions, deletions, and amendments to the 2006 International Fuel Gas Code adopted herein are hereby approved and adopted. Chapter 1. Administration of the 2006 International Fuel Gas Code is amended as follows: Section 102 Applicability of the 2006 International Fuel Gas Code is amended as follows: 102.8 Referenced codes and standards. The codes, when specifically adopted by the Town of Lakewood Village. and standards referenced in this code shall be those that are listed in Chapter 8 and such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFP A 70 or the ICC Electrical Code shall mean the Electrical Code as adopted by the Town of Lakewood Village as it currently exist or may be amended. Where requirements in this code conflict with any requirements of other adopted codes by the Town of Lakewood Village the most stringent requirements shall apply. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and the manufacturer's installation instructions shall apply. Section 106 Permits of the 2006 International Fuel Gas Code is amended as follows: 106.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 90 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 106.4.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced and received a minimum of one approved inspection within 180 days from the date of such permit, or if the work Ordinance 11-13 2006 International Fuel Gas Code Page 3 of 5 315  authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work recommences, a new permit shall be first obtained and the fee, therefore, shall be ORe half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year. 106.5.2 Fee schedule. The fees for Fuel Gas work shall be as indicated in the Town of Lakewood Village Building Inspections Fee Schedule 106.5.3 Fee refunds. The code official shall authorize the refunding of fees as follows. 1. The full amount of any fee paid hereunder which was erroneously paid or collected. 2. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. Chapter 3 General Regulations of the 2006 International Fuel Gas Code 1s amended as follows: Section 305 Installation of the 2006 International Fuel Gas Code is amended as follows: 305. 7 Clearances from grade. Equipment and appliances installed at grade level shall be supported on a level concrete slab or other approved material extending above adjoining grade a minimum of 3 inches (76 mm) or shall be suspended a minimum of 6 inches (152 mm) above adjoining grade. Section 306 Access and service space of the 2006 International Fuel Gas Code 1s amended as follows: 306.3 Appliances in attics. Attics containing appliances requiring access shall be provided with an opening and unobstructed passageway large enough to allow removal of the largest appliance. The passageway shall not be less than 30 inches (762 mm) high and 22 inches (559 mm) wide and not more than 20 feet (6096 mm) in length measured along the center line of the passageway from the opening Ordinance 11-13 2006 International Fuel Gas Code Page 4of5 316  to the appliance. The passageway shall have continuous unobstructed solid flooring not less than 24 inches (610 mm) wide. A level service space not less than 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present at the front or service side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), where such dimensions are large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one of the following: 1. Permanent stairs or ladder fastened to the building. 2. A pull down stair with a minimum 300 lb. rating. 3. An access door from an upper floor. Exceptions: 1. The passageway and level service space are not required where the appliance can be serviced and removed through the required opening. 2. Where the passageway is unobstructed and not less than 6 feet (1829 mm) high and 22 inches (559 mm) wide for its entire length, the passageway shall be not more than 50 feet (15 250 mm) long. Chapter 6 Specific Appliances of the 2006 International Fuel Gas Code is amended as follows: Section 614 Clothes dryer exhaust of the 2006 International Fuel Gas Code is amended as follows: 614.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the outlet terminal. The maximum length of the duct shall be reduced 21/2 feet (762 mm) for each 45 degree (0.79 rad) bend and 5 feet (1524 mm) for each 90 degree (1.6 rad) bend. The maximum length of the exhaust duct does not include the transition duct. Exception: Where the make and model of the clothes dryer to be installed is known and the manufacturer's installation instructions for such dryer are provided to the code official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer's installation instructions, and provided that a 4 inch by six inch sign red in color with white letters is permanently affixed to the structure stating the following: Warning: Dryer must be approved for vent length not to exceed 40 feet total developed length (TDL). Duct Size: (Insert Number) Total Developed Length: (Insert Number) End of Exhibit "A" Ordinance 11-13 2006 International Fuel Gas Code Page 5of5 317 Exhibit 27 318 ST ATE OF TEXAS ) ) CERTIFrCATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) 1 hereby certify, in the performance of the !'uncti o ns o f my office, that the attached instruments are full , true and correct copies of the Town of Lakewood Vi llage Ordinance 11-1 6. T he same appear o r record in my office and said documents are the officia l records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas. and are kept in said office. T rurther certify that l am the Town Secretary of the Town of Lakewood Vi llage, that 1 have legal custody or said records, and that I am a lawful possessor and keeper of the records in said office. In wi tness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 16th day of March. 20 14. Lillai\Sbe ll. TRMC, Town Secretary Town of Lakewood Vi llage ~>S=S:S::S:s.:r..,...._ Denton County State of Texas 319  TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE N0.11-16 AN ORDINANCE TO ADOPT THE 2006 INTERNATIONAL RESIDENTIAL CODE, WITHIN THE TOWN OF LAKEWOOD VILLAGE AND THE TOWN OF LAKEWOOD VILLAGE EXTRATERRITORTIAL JURISDICTION; PROVIDING A SAVINGS/REPEALING CLAUSE, PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Lakewood Village, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Lakewood Village, Texas and the citizens inside the Town of Lakewood Village Extraterritorial Jurisdiction (collectively "Lakewood Village") to adopt the 2006 Edition of the International Residential Code, save and except the deletions and amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, 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: Adoption of the 2006 International Residential Code. The International Residential Code, 2006 Edition, copyrighted by the International Code Council, Inc., including Appendix G, J, and K, save and except the deletions and amendments set forth in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby adopted as the Residential code for Lakewood Village, regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with a separate means of egress and related accessory structures in Lakewood Village (the "2006 International Residential Code"). The 2006 International Residential Code is made a part of this Ordinance as if fully set forth herein. SECTION 3: Savings/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 portion of conflicting ordinances shall remain in full force and effect. 320  SECTION 4: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. Lakewood Village retains all legaJ 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. Lakewood Village 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 plu·ases be declared unconstitutional. SECTION 6: Effective Date. This Ordinance shall become effective upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, on this 8th day of SEPTEMBER, 2011. M~r, Mayor Town of Lakewood Village ATTEST '- '- Linda Asbell , Town Secretary Town of Lakewood Village Ordinance 1 t -16 2006 International Residential Code Page 2 of23 321  Exhibit "A" Town of Lakewood Village Amendments 2006 International Residential Code The Following additions, deletions and amendments to the 2006 International Residential Code adopted herein are herby approved and adopted. Section 1. Chapter 1. Administration of the 2006 International Residential Code is amended as follows: Section Rl02 Applicability of the 2006 International Residential Code is amended as follows: R102.4 Referenced codes and standards. The codes, when specifically adopted by the Town of Lakewood Village, and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. Any reference made to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. Where requirements in this code conflict with any requirements of other adopted codes by the Town of Lakewood Village the most stringent requirements shall apply. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer's instructions shall apply. Section R105 Permits of the 2006 International Residential Code is amended as follows: R105.2 Work exempt from permit. Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 250 square feet. 2. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 3. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1. Ordinance 11-16 2006 International Residential Code Page 3 of23 322  4. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 5. Prefabricated swimming pools that are less than 24 inches (610 mm) deep. 6. Swings and other playground equipment. 7. Window awnings supported by an exterior wall which do not project more than 54 inches (13 72 mm) from the exterior wall and do not require additional support. Section 105, PERMIT APPLICATION A. A residential permit application consist of five (5) forms, which must be completed and signed by the Contractor and his or her registered mechanical, electrical, and plumbing contractors. These forms are the mechanical permit, electrical permit, plumbing permit, concrete permit, and application for building permit forms. B. Detailed and accurate descriptions are required regarding the addresses and legal description of the subject property including Lot, Block and complete subdivision name with correct phase. C. All contractors are required to be registered with the town and must have such approved registration on file before any permit will be issued. R105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned -l-8G 90 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. R105.5 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work recommences, a new permit shall be first obtained and the fee, therefore, shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year. Section R106 Construction Documents of the 2006 International Residential Code is amended as follows: R106.1 Submittal documents. Construction documents, special inspection and structural observation programs and other data shall be submitted in one or more Ordinance 11-16 2006 International Residential Code Page 4 of23 323  sets with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Foundation plans shall be submitted with each application and shall be sight specific. These plans shall be designed by an engineer licensed by the State of Texas and shall bear that engineers seal. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code. Section lA. NEW CONSTRUCTION REQUIREMENTS A. Temporary buildings or structures such as reviewing stand and other miscellaneous structures, sheds, canopies, or fences used for the protection of the public around and in conjunction with construction work may be erected only by special permit for a limited period of time to be designated in said permit; provided, however, that no portable or moveable trailer or similar building or structure shall be permitted during any period of construction. B. Temporary buildings or structures need not comply with the type of construction or fire resistive time periods required by this code. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in this permit with all surface area restored to its natural state. C. Portable toilets shall be provided at all construction job sites for which a building permit is required by this code. D. All Contractors will comply with the town's construction site refuse control program as outlined here. All residential and/or commercial construction sites shall be responsible for providing at a minimum, one 20-yard open top roll-off bulk trash container for construction debris and refuse, or a temporary refuse containment structure with minimum dimensions of 8' L x 8' W x 4' H made of 1" exterior plywood secured tightly on all four comers and to the ground in some manner. The container should have a hinged drop down or swing gate on one side for debris removal access. The contractor will also provide a temporary removable top cover either of exterior plywood and or a heavy tarp for either type of debris storage receptacle to prevent flying debris from possible windy or stormy conditions, etc. If a roll-off trash receptacle is used it must be obtained from the waste company that is currently under contract with the Town of Lakewood Village. Contractors are required to keep construction sites free and clear of trash at Ordinance 11-16 2006 International Residential Code Page 5 of23 324 all times including no overflowing trash receptacles. The town administrative staff and designated building inspector reserve the right to perform unannounced spot inspections. If the construction site is found in violation of this ordinance then the construction site will be RED TAGGED and an IMMEDIATE Stop Work Order will be issued with possible suspension of any registration. Once Red Tagged, the contractor will need to take corrective action to bring the work site to an acceptable condition and when compliance is obtained, the Red Tag will be lifted and construction activities may be resumed. E. Effective erosion control is required prior to any construction activity and will include the installation of an adequate and repositionable silt fence which should run along the property lot's inside border boundary above and adjacent to the drainage ditch area and the public roadway. The silt fence will be constructed in a practical manner with the necessary openings so as to allow easy entry and exit from the roadway to the property construction site for all necessary construction equipment and machinery. F. It is the responsibility of the Contractor to place the proper size culvert on the lot to gain access to the lot prior to any construction. Upon completion of construction the culverts ends must be in concrete and the culvert must continue the direction of the flow of drainage. All culvert sizes are obtained through the Town. G. A Contractor is prohibited from benching the lot, or preparation of the lot prior to obtaining permit approval. H. It is the responsibility of the Contractors to keep a copy of all approved plans on the construction site at all times. They must be placed in a water tight container. All paperwork due to the inspector for inspection purposes and in compliance with this ordinance must be placed within this container. The replacement of any lost or stolen permits will be at a cost of $10.00 per occurrence. Section lB. EXISTING CONSTRUCTION I REPAIRS I REMODELING REQUIREMENTS A. All remodels and repairs for buildings over 200 square feet, inspections are required only as they apply to the permitted improvements, applicable building codes and Town ordinances. B. All new construction foundation plans are to be drawn and sealed by an Engineer licensed by the State of Texas. C. An application for flatwork must be submitted to the Town for approval. Flatwork must follow all other flatwork requirements within this ordinance. D. Erosion control is required prior to any construction and must be maintained throughout construction completion. Ordinance 11-16 2006 International Residential Code Page 6 of23 325 E. All remodels, repairs, alterations, must have two (2) copies of the plot plans turned into the Town showing the actual dimensions and shape of the lot to be built upon or altered, the exact sizes and locations on the lot of any already existing buildings, and the location and dimensions of the proposed building or alteration. F. Two copies of the existing house plans prior to any alterations, remodels or repair must be turned in prior to approval of the permit. Section lC. SECTION 106, BUILDING PLAN PACKET SUBMISSION Along with the permit application forms set forth above, the following documents are required prior to any approval being granted in the quantity and detail as specified: A. Two (2) plot plans containing lot dimensions, plan footprint, set-backs (front, rear and sides) complete address, lot and block, subdivision and phase, utility and easement locations, engineers and contractors names, finish pad elevations, finish floor elevations, topographical elevations, driveways, sidewalks, fence locations, lot area, slab area, and coverage percent. All drawings provided must be to scale. B. Two (2) foundation designs (11" x 17" drawing and engineer letters) one of which must have an original signature and stamp. C. Three (3) complete bound sets of construction drawings. Town Copy must be 11" x 17" or application will be automatically rejected without further action or notification by any Town Official. Plans must include elevations, framing details, including soffit overhang details, masonry percentage calculations, square foot calculations, electrical load calculations, electrical panel size, electrical panel location, mechanical specifications, foundation design letter must be address specific. All plans must be drawn by a state licensed architect and must be drawn to scale. D. Two (2) sets of drainage plans must be provided. Town copy must be 11" x 17" drawn to scale, showing the actual dimensions and shape of the lot to be built upon. The drainage plans must show sea level elevations and all flatwork drawn to scale. E. Floor plans, elevations, framing, roof plan, electrical and "to be built options" must be clearly shown and detailed. Single sheet submittals are not acceptable. HV AC and Plumbing design drawings are also required. Options reflecting additional buildable space must be identified by the actual square footage area and included in the permit values for total air-conditioned area and or construction area under roof. Ordinance 11-16 2006 International Residential Code Page 7 of23 326 F. Elevation drawings must clearly state that the structure meets the exterior requirements set forth below in Section 11 by the Town of Lakewood Village, or provide masonry calculations (i.e. Front%+ Right%+ Left%+ Rear%= total masonry%) G. All drawings must be legible and show proper square footage for air-conditioned and total building areas. H. One (1) Energy analysis (i.e.; IC3, ResCheck or Energy-Star) shall be provided by a certified professional. I. All third party rater information and documentation must be submitted if an Energy Star Home is being constructed or modified. J. Mechanical Air Flow Calculations shall be provided and must be on the mechanical contractors letterhead Section RIOS Fees of the 2006 International Residential Code is amended as follows: R108.6 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a Penalty of 100% of the usual permit fee in addition to the required permit fees. Section ID. REQUIREMENTS A. Water/Sewer Taps - A licensed plumber that is registered with the Town shall perform all work connecting to the Town utilities. B. All sprinkler permits are required to have a final inspection accompanied by a Backflow Prevention Report Form and a Customer Service Inspection Letter. These forms can be obtained from the office of the Town Secretary. C. In the construction, maintenance, or repair of any building or structure within the Town or the ETJ, for which a building permit is required by the current building codes, no person shall perform any electrical, plumbing, mechanical, fencing, backflow, concrete, third party inspections, irrigation, or roofing unless and until such time as that person is registered with the Town to perform such work. Section IE. LICENSING AND REGISTRATION REQUIREMENTS Ordinance 11-16 2006 International Residential Code Page 8 of23 327 A. No person shall engage in the business of construction of new buildings or structures, or make any repairs, alterations, or changes to an existing building or structure, unless that person is registered as a Contractor by the Town. Provided however that (i) no license shall be required for work on any building or structure for which a building permit is not required by this code and (ii) persons who occupy and reside within any property as their home shall not be required to obtain a license or register with the Town when performing work on their home. B. All Contractors must register with the Town of Lakewood Village before applying for permits or performing any work. A master or contractor license in the specific trade is required to register as a Contractor. All licensed Journeymen working for the Contractor shall be listed on the contractor registration form. All work shall be supervised by a licensed individual, A licensed residential wireman may supervise one helper or apprentice. Any work discovered being performed without the required licensed personnel shall be conspicuously identified to prevent reuse and shall be removed. In addition to a citizen complaint, multiple violations of licensure requirements may result in suspension of a Contractors' registration. Any individuals found performing work without the required registration shall be required to leave the jobsite. A Contractor is defined as set forth above in Section 2. All registrations will expire on December 30th of each year. The General Contractor must carry insurance that covers all subcontractors and the projects they are actively working on under the General Contractor. In the event there is not a General Contractor, each subcontractor is required to supply the Town with a copy of their liability insurance with a minimum $100,000.00 policy coverage for each project. It will be the responsibility of the registered individuals to ensure that this process is complete before permits will be issued and any work in the specific trade is commenced. The Town reserves the right to deny or revoke any contractor registration ifthere are justifiable reasons or violations as determined by the Town. C. The following Contractors disciplines must follow the applicable registration process. GENERAL CONTRACTORS, BUILDER REGISTRANTS: 1. Contractor registration filled out completely. 2. A valid State of Texas driver's license or photo I.D. card. 3. A valid certificate of liability insurance or bond in an amount no less than $1,000,000.00 kept in force for the duration of the project. Each project is required to have its own policy. ELECTRICAL REGISTRANTS: 1. Contractor registration filled out completely. 2. A valid Masters license is required at the time of registration and for the duration of the project. Ordinance 11-16 2006 International Residential Code Page 9 of23 328 3. A valid State of Texas driver's license or photo I.D. card. 4. All Journeyman and or Wireman performing work must be registered and posses a current license at the time ofregistration and for the duration of the project. 5. A list of additional persons authorized to sign applications and pick up approved permits for your company. 6. Proof of insurance as set forth in Section 8 (B) above. PLUMBING REGISTRANT: 1. Contractor registration application filled out completely. 2. A valid Masters license is required at the time of registration and for the duration of the project. 3. A valid State of Texas driver's license or photo I.D. card. 4. All journeyman, tradesman, and apprentices performing work must be registered and possess a current license at the time of registration and for the duration of the project. 5. A list of additional persons authorized to sign applications and pick up approved permits for your company. 6. Proof of insurance as set forth in Section 8 (B) above. MECHANICAL REGISTRANT: 1. Contractor registration application filled out completely. 2. A valid Masters license is required at the time of registration and for the duration of the project. 3. A valid State of Texas driver's license or photo I.D. card. 4. A list of additional persons authorized to sign and pick up approved permits for your company. 5. Proof of insurance as set forth in Section 8 (B) above. IRRIGATION REGISTRANT: 1. Contractor registration application filled out completely. 2. A valid Irrigation license is required at the time ofregistration and for the duration of the project. Ordinance 11-16 2006 International Residential Code Page 10 of23 329 3. A valid State of Texas driver's license or photo l.D. card. 4. A list of additional persons authorized to sign applications and pick up approved permits for your company. 5. Proof of insurance as set forth in Section 8 (B) above. BACKFLOW TESTER REGISTRANTS: 1. Contractor registration application filled out completely. 2. A valid Back.flow Testers License is required at the time of registration at the time of registration and for the duration of the project. 3. A valid State of Texas driver's license or photo l.D. card. 4. Proof of insurance as set forth in Section 8 (B) above. SIGN CONTRACTOR REGISTRANT: 1. Contractor registrant application filled out completely. 2. A valid State of Texas driver's license or photo l.D. card. 3. A list of additional persons authorized to sign applications and pick up approved permits for your company. 4. Proof of insurance as set forth in Section 8 (B) above. THIRD PARTY INSPECTOR REGISTRANT: 1. Contractor registration application form filled out completely. 2. A valid State of Texas driver's license or photo l.D. card. 3. A list of qualified persons authorized to perform inspections. 4. Proof of certification 5. Proof of insurance as set forth in Section 8 (B) above. ROOFING REGISTRANT: 1. Contractor registration application filled out completely. 2. Valid State of Texas drivers license or photo l.D. card. 3. Proof of insurance as set forth in Section 8 (B) above. Ordinance 11-16 2006 International Residential Code Page 11 of23 330 CONCRETE REGISTRANT: 1. Contractor registration application filled out completely. 2. A valid State of Texas driver's license or photo I.D. card. 3. Proof of insurance as set forth in Section 8 (B) above. FENCE I SCREENING WALL REGISTRANT: 1. Contractor registration application filled out completely. 2. A valid State of Texas driver's license or photo I.D. card. 3. Proof of insurance as set forth in Section 8 (B) above. D. Any registered Contractor that fails to maintain compliance with any provisions of this section shall cease all work being performed at the time the Contractor is no longer in compliance. Section 109 Inspections A. Request for Inspections B. Building permits will include inspections performed during the following construction stages: 1. T-Pole 2. Plumbing Rough, includes water and sewer tap (form board surveys due at this time on site) 3. Pier and Beam - shall be inspected by the engineer and an approval letter shall be provided to the building official. 4. Foundation 5. Frame 6. Mechanical Rough 7. Electrical Rough 8. Rough Gas 9. Plumbing Top Out 10. 4 foot brick tie inspection and/or Stucco inspection 11. Drywall Ordinance 11-16 2006 International Residential Code Page 12 of23 331 12. Electrical/Gas Meter Release 13. Flatwork 14. 100% Final · All Third party insulation inspections reports are due prior to the electrical/gas meter release. · At the time of the scheduled pour, and prior to driving to the location of the pour, the Contractor will be responsible for turning in all weight tickets to the Town. · Termite letter, Customer Service Inspection letter, and the Final Grade survey is due on site at the 100% Final Inspection. · Piers must be inspected by an independent contractor. A copy of the inspection must be supplied to the Town prior to calling in the next inspection. E. All Sprinkler Contractors must have the Backflow Prevention Form filed with the Town of Lakewood Village prior to hooking the system up to the water supply. F. All inspections must be performed during daylight hours Section lF. A. Upon completion of construction, no one may occupy or move any objects into or onto the property of new construction until a Certificate of Occupancy (100 % Final) inspection has been performed and passed by an official of the Town. Violation of this requirement will result in all utilities being disconnected until such time as a Certificate of Occupancy has been issued after all the proper inspections have been performed. B. Secondary structures will be permitted as new construction with minimum square footage requirements waived as long as secondary structure is contained within the property lines of the primary residence lot(s) and required set backs are met. Any secondary structure built on any adjacent lot must conform to the minimum square footage requirements of that section as stated in the current zoning ordinance as amended or revised unless both lots are re-platted as a single lot and said plat is filed on record with Denton County, Texas. Proper proof of filing with Denton County, Texas must be provided to the Town at the time the building permit is sought. C. All new building construction will have a garage with the following requirements: 1. There shall be no front-facing garages on any new construction. Where the configuration of the ground is such that conformity with this provision of this ordinance would work a hardship, the Town Council may permit a variance. 2. There shall be a garage size requirement on all new construction of a minimum of 25 feet in width and 22 feet in depth. Where the configuration of the ground is such that conformity with Ordinance 11-16 2006 International Residential Code Page 13 of23 332 this provision of this ordinance would work a hardship, the Town Council may permit a variance. Section lG. A. A form survey will be completed at the time that the forms are in position before the concrete is poured to ensure that the location of the slab is in compliance with all town ordinances. A copy of the form survey will be submitted to the Town. B. Height. There shall be no buildings, residential or commercial, that exceed 2 Yi stories Any exceptions are outlined in the Zoning Ordinance 83-0lA, as amended or revised. C. The exterior facades of a main building or structure, excluding glass windows and doors shall be constructed of eighty (80) percent masonry requirement on all new construction for anything over 200 square feet or greater. Cementatious fiber board shall not be considered masonry; cementatious fiber board may be used to replace existing siding on existing structures, with pre- approval of the Building Official. Cementatious fiber board may also be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, or other architectural features approved by the Building Official. D. Wood roof shingles are prohibited. E. The use of Stucco, various types of stucco and installation procedures must have prior approval from the Building Official. If approved, the builder must provide the installer's certification and certificate for the Town's files. Only true three coat stuccoing will be considered. Additional inspections are required at, hath, scratch coat, and brown coat. F. Exterior Insulation Finish System (EIFS) shall not be permitted on any construction. G. Construction work times shall begin no earlier than 7:00 a.m. and shall end no later than 7:00 p.m. H. All roof pitches shall have a minimum of four (4) inches over twelve (12) inches. I. The Town will grant approval to initiate electrical service for permanent or temporary use. J. All new construction shall have gutters installed in accordance to the submitted drainage plan with the minimum of the entire front of house, all exits, and above all air-conditioning units. K. It is also the responsibility of the Contractor to ensure the grading of the ditches or easements continue the flow of drainage prior to receiving the 100% Final Inspection. Lot to lot drainage is not allowed. Section lH. Ordinance 11-16 2006 International Residential Code Page 14of23 333 VARIANCES and BOARD OF APPEALS A. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of this Ordinance, there shall be and is hereby created a Board of Appeals. The Town Council of the Town of Lakewood Village, Texas shall serve as the Board of Appeals. The Building Official shall be an ex-officio member of and shall act as secretary to the Board but shall have no vote on any matter before the Board. The Board shall adopt the rules of procedure for conducting its business, and shall render all decisions and finding in writing to the appellant with a duplicate copy to the Building Official. 1. The powers of the Board shall be as follows: a. To hear appeals from decisions of the Building Official b. To hear requests for the use of a material or method of construction not prescribed or authorized by this code, and to authorize the use when, in the Board's judgment, the material or method of construction is at least equivalent to that prescribed; and c. To grant or deny variance requests B. Variance Requests 1. Variances will be considered only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the building and zoning ordinances would cause an undue hardship. Financial considerations are not relevant and will not be considered in the request. 2. A variance which would have a detrimental effect on public health and/or safety will not be considered. 3. Variances for self imposed hardships will not be considered. 4. Approved variances expire 180 days following the approval. Section 2. Chapter 2. DEFINITIONS of the 2006 International Residential Code The Town-shall mean the Town of Lakewood Village Ordinance 11-16 2006 International Residential Code Page 15 of23 334 Contractor - shall mean any person, firm, corporation, or other entity that is hired by a homeowner or landowner to perform any new construction, remodel, or repair on said homeowner or landowner's real property. Erosion Control - the containment of all dirt, soils, sand, fill or grass, in such a manner, to prevent said materials from encroaching onto adjacent properties, town easements, drainage culverts, or utility placements ETJ - shall mean the Extraterritorial Jurisdiction of the Town of Lakewood Village Masonry - shall be defined as brick, concrete hollow clay tile, concrete block, natural stone, or any combination of these materials that are laid up by unit and set in mortar. Construction Site Refuse Control - the containment of and weekly or monthly removal of both construction and laborer refuse to prevent said materials from encroaching onto adjacent homeowner properties, town easements, drainage ditches and culverts, and should be in compliance with OSHA and local codes. Section 3. Chapter 3. Building Planning of the 2006 International Residential Code 1s amended as follows: Section 309 Garages and Carports of the 2006 International Residential Code 1s amended as follows: Section 309 Carports shall not be allowed in Lakewood Village. R309.1 Opening protection. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Other openings between the garage and residence shall be equipped with a self closing, tight fitting solid wood doors not less than 13/8 inches (35 mm) in thickness, solid or honeycomb core steel doors not less than 13/8 inches (35 mm) thick, or 20-minute fire-rated doors. R309.1.l Duct penetration. Ducts in the garage and ducts penetrating the walls or ceilings separating the dwelling from the garage shall be constructed of a minimum No. 26 gage (0.48 mm) sheet steel or other approved material and shall have no openings into the garage. R309.1.2 Other penetrations. Penetrations through the separation required in Section R309.2 shall be protected by filling the opening around the penetrating item with approved material to resist the free passage of flame and products of combustion. R309.1.3 Access Openings. Access openings in the separation required by R309.2 shall have a tight fitting, non-combustible and latching cover. Ordinance 11-16 2006 International Residential Code Page 16 of23 335  R309.2 Separation required. The garage shall be separated from the residence and its attic area by not less than 5/8-inch (15.9 mm) gypsum board applied to the garage side. Garages beneath habitable rooms shall be separated from all habitable rooms above by not less than 5/8-inch (15.9 mm) Type X gypsum board or equivalent. Where the separation is a floor-ceiling assembly, the structure supporting the separation shall also be protected by not less than 5/8 inch (15.9 mm) gypsum board or equivalent. Garages located less than 5 feet (1524 mm) from a dwelling unit on the same lot shall be protected with not less than 5/8-inch (15.9 mm) gypsum board applied to the interior side of exterior walls that are within this area. Openings in these walls shall be regulated by Section R309.l. This provision does not apply to garage walls that are perpendicular to the adjacent dwelling unit wall. Section 313 Smoke Alarms of the 2006 International Residential Code is added as follows: R313.4 Carbon Monoxide Detector. A carbon monoxide detector shall be installed for each 1,000 square feet (305 m2 ) of living area. Carbon monoxide detectors shall be placed adjacent to openings in enclosures for fuel burning appliances, at least one location per floor level and at garage entrances, Power source shall be same as required by section R313 .3 for smoke detectors. Section 319 Site Address of the 2006 International Residential Code is amended as follows: A. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting property. Said numbers shall contrast with their background, and shall comply with the following provisions, as applicable: 1. Residential occupancies shall have numbers a minimum of six (6) inches in height and be in a contrasting color to the background; 2. Duplexes shall have street and/or building numbers a minimum of eight (8) inches in height. When deemed necessary by the Town the street and/or building numbers may be required to be of a larger size for immediate and visible identification; 3. If the structure is more than two hundred (200) feet from a public street, the address shall alse appear at the front or main entry to the property with numbers a minimum of six (6) inches in height. Ordinance 11-16 2006 International Residential Code Page 17 of23 336 4. When deemed necessary by the Town street or building numbers may be required on more than one side of the structure or property; 5. Building and/or street numbers shall be located in an area and lighted in a manner that will make them immediately discernible as approved by the Town. Section 4. Chapter 4. Foundations of the 2006 International Residential Code is amended as follows: Section 403 Footings of the 2006 International Residential Code is amended as follows: R403.1.8 Foundations on expansive soils. Foundation and floor slabs for buildings located on expansive soils shall be designed in accordance with Section 1805.8 of the International Building Code, the American Society of Civil Engineers Texas Section Recommended Practice for the Design of Residential Foundations Version 1 as it currently exists or may be amended, or other accepted industry standards that may be acceptable to the Building Official. All foundations shall be designed by a registered Professional Engineer in the State of Texas and all drawings and documentation must be signed and sealed. Documentation shall include: 1. Design letter referencing soils report number, date of report, soils, and engineer name; specific location including lot, block, and subdivision; specific design criteria including soil bearing capacity, plasticity index, and potential vertical rise. The Engineer shall also approve a concrete mix design with performance criteria based on soils and seasonal conditions. 2. Signed and sealed drawings clearly indicating strand and reinforcement placement, pier size, depth, location, and reinforcing, beam size and location, and special details. Design calculations must be included. One ledger size copy of plans and calculations will be included in the permanent permit file for each project. 3. Design engineer must perform a pre-pour inspection and provide the Building Official with signed and sealed document stating that the foundation has been inspected and approved. This inspection must take place prior to requesting a foundation inspection from the Building Official. The engineer shall be present during placement of concrete to verify concrete mix design and seasonal conditions during placement, and verify tensioning and elongation of cables. 4. Rough grading of lot after form removal to maintain drainage away from foundation during the construction process. Ordinance 11-16 2006 International Residential Code Page 18 of23 337  5. Prior to rece1vmg a Certificate of Occupancy, a final survey indicating final grade elevations and verifying positive drainage away from the foundation, and evidence from the homeowner that they have received a copy of foundation maintenance instructions must be submitted to the Building Official. 6. The Engineer must provide to the Building Official a letter of Final Acceptance stating that the foundation has been placed in compliance with the design prior to the issuance of a Certificate of Occupancy. 7. Anchorage shall be installed before foundation is approved for pouring, per Section 403.1.6 R403.1.7.3 Foundation elevation of the 2006 International Residential Code is amended as follows: No cross lot drainage shall be allowed. Section 4A. Driveways 1. All new building construction will have a driveway. The pouring requirements are as follows: a. The Contractor shall notify the Town of when they are scheduled to pour within 48-hours prior to pouring. b. No concrete will be poured before 7:00 a.m. c. At the time of the scheduled pour, and prior to driving to the location of the pour, the Contractor and concrete registrant will be responsible for turning in all weight tickets to the Town. d. As per Weight Ordinance No. 98-09 Section 3 (C) as amended or revised, the gross weight limit on Town streets for a ready-mix concrete truck shall be58,420 lbs. e. The minimum thickness of four inches and minimum compression strength shall be 3000 psi at 28 days. f. Driveways shall be a minimum of 10 foot wide, in Town Section 5 driveways shall be a minimum of 12 foot wide. g. 3/8 inch rebar with no greater than 16 inch centers is required on all drivewayconstruction. Re-bar placement must be inspected 48-hours prior to the pouring of concrete. h. All driveways must properly tie into the street. The Contractor is responsiblefor any road damage that may occur during the construction of the permitted project. All roads must be restored at least to their original condition prior to receiving their 100% final inspection. It shall be unlawful for any person, firm, or corporation or other legal entity to erect, construct, enlarge, alter, repair, move, improve, convert, or demolish any flatwork or driveway or cause to permit the same to be done in violation of this ordinance. j. A driveway permit that would place the water meter, water valve and meter Ordinance 11-16 2006 International Residential Code Page 19 of23 338  box in the driveway shall provide, as a condition of said permit, for the removal of the water meter, water valve, and meter box out of the driveway, at the home and/or land owners expense. Replacement of the water meter, water valve, and meter box shall be in a manner were the meter can be serviced with an additional inspection on the plumbing performed by the Building Official at an additional cost of $75.00. A licensed plumber who is registered to work in the Town of Lakewood Village shall perform the replacement of the water meter, water valve, and meter box. Section 5. Chapter 13. General Mechanical System Requirements of the 2006 International Residential Code is amended as follows: Section 1305 Appliances Access of the 2006 International Residential Code is amended as follows: M1305.1.3 Appliances in attics. Attics containing appliances requiring access shall have with an opening and a clear and unobstructed passageway large enough to allow removal of the largest appliance, but not less than 30 inches (762 mm) high and 22 inches (559 mm) wide and not more than 20 feet (6096 mm) long when measured along the centerline of the passageway from the opening to the appliance. The passageway shall have continuous unobstructed solid flooring in accordance with Chapter 5 not less than 24 inches (610 mm) wide. A level service space at least 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present along all sides of the appliance where access is required. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm) by 762 mm), where such dimensions are large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one of the following: 1. A permanent stair. 2. A pull down stair with a minimum 300 lb. rating. 3. An access door from an upper floor. Exceptions: 1. The passageway and level service space are not required where the appliance can be serviced and removed through the required opening. 2. Where the passageway is unobstructed and not less than 6 feet (1829 mm) high and 22 inches (559 mm) wide for its entire length, the passageway shall be not more than 50 feet (15 250 mm) long. M1305.1.4.1 Ground clearance. Appliances supported from the ground shall be level and firmly supported on a concrete slab extending above the adjoining ground a minimum of 3 inches (76mm). Appliances suspended from the floor shall have a clearance of not less than 6 inches (152 mm) from the ground. Ordinance 11-16 2006 International Residential Code Page 20 of23 339 Section 6. Chapter 15. Exhaust Systems of the 2006 International Residential Code is amended as follows: Section 1502 Clothes Dryer Exhaust of the 2006 International Residential Code is amended as follows: M1502.3 Duct size. The diameter of the exhaust duct shall be as required by the clothes dryer's listing and the manufacturer's Installation instructions. Duct size shall be at least the diameter of the appliance outlet and shall be a minimum · nominal size of 4" (102mm) in diameter. The size duct shall not be reduced along its developed length nor at the point of termination. M1502.6 Duct length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the wall or roof termination. The maximum length of the duct shall be reduced 2.5 feet (762 mm) for each 45-degree (0.8 rad) bend and 5 feet (1524 mm) for each 90-degree (1.6 rad) bend. The maximum length of the exhaust duct does not include the transition duct. Exceptions: Where the make and model of the clothes dryer to be installed is known and the manufacturer's installation instructions for the dryer are provided to the building official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer's installation instructions, and provided that a 4 inch by 6 inch sign red in color with white letters is permanently affixed to the structure stating the following: Warning: Dryer must be approved for vent length not to exceed 40 feet total developed length (TDL.) Duct Size: (Number) Total Developed Length: (Number) Chapter 24. Fuel Gas of the 2006 International Residential Code is amended as follows: Section 2439 Clothes Dryer Exhaust of the 2006 International Residential Code is amended as follows: G2439.5.1 Maximum Length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the wall or roof termination. The maximum length of the duct shall be reduced 2.5 feet (762 mm) for each 45-degree (0.8 rad) bend and 5 feet (1524 mm) for each 90-degree (1.6 rad) bend. The maximum length of the exhaust duct does not include the transition duct. Ordinance 11-16 2006 International Residential Code Page 21 of23 340  Exceptions: Where the make and model of the clothes dryer to be installed is known and the manufacturer's installation instructions for the dryer are provided to the building official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer's installation instructions, and provided that a 4 inch by 6 inch sign red in color with white letters is permanently affixed to the structure stating the following: Warning: Dryer must be approved for vent length not to exceed 40 feet total developed length (TDL.) Duct Size: (Number) Total Developed Length: (Number) Section 7. Chapter 31. Vents of the 2006 International Residential Code is amended as follows: Section 3114 Air admittance Valves of the 2006 International Residential Code is amended as follows: P3114.3 Where permitted. Individual vents, branch vents, circuit vents, and stack vents may be permitted to terminate with a connection to an air admittance valve. Air admittance valves shall only be installed with the prior written approval of the Building Official. Section 8. Chapter 33. General Requirements of the 2006 International Residential Code is amended as follows: Section 3306 Electrical conductors and Connections of the 2006 International Residential Code is amended as follows: E3306.2 Conductor material. Conductors used to conduct current shall be of copper as provided in Chapters 33 through 42. Where the conductor material is not specified, the material and the sizes given in these chapters shall apply to copper conductors. Where other materials are used, the conductor sizes shall be changed accordingly. E3306.3 Minimum size of conductors. The minimum size of conductors for feeders and branch circuits shall be 12 AWG copper. The minimum size of service conductors shall be as specified in Chapter 35. The minimum size of class 2 remote control, signaling and power-limited circuits conductors shall be as specified in Chapter 42. Chapter 35. Services of the 2006 International Residential Code is amended as follows: Ordinance 11-16 2006 International Residential Code Page 22 of23 341  Section 3501 General Services of the 2006 International Residential Code is amended as follows: E3501.2 Number of services. One-and two-family dwellings or Property zoned single family (SF) or Two Family (2F) district(s) shall be supplied by only one service. Additional service for an accessory use(s) shall only be installed with the prior approval of the Building Official. Chapter 36. Branch Circuit Feeder Requirements of the 2006 International Residential Code is amended as follows: Section 3602 Branch Circuit Ratings of the 2006 International Residential Code is amended as follows: E3602.5 Branch circuits serving multiple loads or outlets. General-purpose branch circuits shall supply lighting outlets, appliances, equipment or receptacle outlets, and combinations of such. The rating of a fastened-in-place appliance or equipment, where used in combination on the same branch circuit with light fixtures, receptacles, and/or other appliances or equipment not fastened in place, shall not exceed 50 percent of the branch-circuit rating. Multi-outlet branch circuits serving lighting or receptacles shall be limited to a maximum branch- circuit rating of 20 amperes. The maximum number of outlets connected to general purpose branch circuits shall be ten (10) for 15-amp circuits, and thirteen (13) for 20-amp circuits. End of Exhibit "A" Ordinance 11-16 2006 International Residential Code Page 23 of23 342 Exhibit 28 343 STATE OF TEXAS ) ) CERTIFI CATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in Lhe perfo rmance or Lhc fun ctions o f my office, that the attached instru ment is a full , true and correct co py or the Town of Lakewood Village Ordinance 13-07. The same appea r or record in my orficc and said doc uments are the offi cial records from the public office o l' the Town Secretary of the Town of Lakewood Vi llage. Denton County. Texas. and arc kepi in said office. I further ce11ify that I am the Town Secretary of the Town of Lakewood Vi llage. that I have legal cuswdy of said records. and that 1 am a lawfu l possessor and keeper of the records in said offi ce. In witness whereof I have hereun to set my hand and affixed Lhe official seal of The Town of Lakewood Vi llage this 19th day of March, 20 14. ~o~bo-QQ Lin a ASbcll. TRJvlC. Town Secretary Town of Lakewood Vi ll age Denton County Sime of'Tcxas 344  TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 13-07 AN ORDINANCE OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, REGULATING SUBDIVISIONS AND OTHER PROPERTY DEVELOPMENTS, PROVIDING FOR PRELIMINARY PLATS, FINAL PLATS, MINOR PLATS, VACATION OF PLATS, REP LATS AND AMENDMENT OF PLATS; PROVIDING FOR DEVELOPMENT PROCESS; PROVIDING FOR STANDARDS AND REQUIREMENTS; PROVIDING FOR STREETS AND DRAINAGE, WATER AND SEWER INFRASTRUCTURE; EXTENDING REGULATIONS TO THE TOWN'S EXTRA TERRITORIAL JURISDICTION; PROVIDING SEVERABlLITY CLAUSE; PROVIDING SA VTNGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEP ARA TE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURJNG OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council (''Town Co uncil") desires to amend Ordinance 08-06 and all other ordinances regard ing the Town' s rules and regulations for subdivi sions and property development as authorized by C hapter 2 12, Texas Local Government Code, as amended; and WHEREAS, the Town Council (" Town Council") desires to review for approval or disapproval plan. plats, and replats filed with the Town as authori zed by Chapter 2 12, Tex. Loe. Gov. Code (Vernon), as amended; and WHEREAS, the Town Co unci l finds that there is a public necessity req uiring adoption of this Ordinance, said public necessity being the need to establ ish rules and regulations for subdivisions and property development and extend such rules and regulations to the extrate1Titorial jurisdiction of the Town (''ETJ") to protect the public health, welfare and safety of the citizens of the Town and the ETJ; and WHEREAS, the Town Council is authorized and empowered to or require the developer to (i) design, install or improve streets, roads, water and a sanitary sewer systems within the Town by constructing, extendi ng, or enlarging such system, and is further authorized to adopt any rules and regulations appropriate to the exercise of such powers, and to (ii) protect the publi c health. welfare and safety of the citizens of the Town; and WHEREAS, the Town Co uncil has conducted a publi c hearing on the application of the Town 's regulations for subdivisions and property development to its ETL and the Town Council finds and determines that a ll required notices and hearings in this regard have been given and that the meeting at which the public hearing has been held and at which this ordinance is being adopted were open to the publi c and conducted according to applicable law; and Ordinance 13-07 Subdivision Regulations Page I of24 345  WHEREAS, the Town Counci l is authorized and empowered to app ly the Town ' s regulations for subdivisions and property development to its ETJ pursuant to Section 2 12 .003 of the Texas Local Government Code; and WHEREAS, the Town Counc il hereby finds that the adoption of this O rdinance is in the best interests of the health, safety and welfare of the citizens of the Town . NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS: ARTICLE I. JN GENERAL Sec. I. Findings Incorporated. The findings set forth above are inco rporated into the body of this ord inance as if ful ly set forth herein. Sec. 2. Short title. The following regu lations are hereby adopted and shall be known a nd may be cited as "Town of Lakewood Vi llage Subdivision and Pro perty Developmen t Regula tions:· Sec. 3. Definitions. The following words, term s, and phrases, w hen used in this chapter, shall have the mean ing ascribed to them in this section, except where the contex t clearl y indicates a different meaning. Words not specifically defined shall have the meanings given in Webster's Ninth New Collegiate Dictiona ry. as revised. Access01y structure or building shall mean a subord inate structure or bui lding customari ly incident to and located on the sa me lot occupied by the ma in structure or building. Applicant shall mean the owncr(s) of the property to be developed. Bond shal I mean any fo rm o r securi ty, including a cash deposit. surely bo nd, or instrument of credi t in an amount and fo rm approved by the Town. Building shall mean any structure designed o r bui lt for the support. enclosure, shelter or protection of persons, ani ma ls, chatte l o r pro perty of any kind. To 111n means To v.rn of La kewood Vill age. Town Council means Town Counc il o f the Tov.rn of Lakewood Village. Town standards· shal l mean those standards and speci fl cations. together with al I tables, Ordinance 13-07 Subdivi sion Regulations Page 2 of 24 346 charts, graphs, drawings and other attacltmcnts hereinafter approved and adopted by the Town Council. which may be amended from time to time. and are admini stered by the Town staff fo r the construction and installation of streets. sidewalks, drainage fac ilities, water and sanjtary sewer mains and any other pub lic faci lities. All such faci lities which are to become the property of Lhe Town upon completion must be constructed in conformance with these standards. Construction plans shall mean the maps. drawings and technical specifications, including bid documents and contract conditions, where applicable, which provide a graphi c and written description of the character and scope or the work to be performed prepared for approval by the Tovm for construction. Cross drainage shall mean a defined waterway course, approximately perpendi cular to the proposed roadway. which requires the construction of a bridge. pipes or box culvert, or other structure to conduct drainage under the roadway. Developer shall mean any person. corporation, governmental or other legal entity engaged in the development of property by improvin g a tract or parcel of land fo r any use. The term "developer'' is intended to include the tenn ·'subd ivider. '" Development shall mean the construction of one (I) or more new bui ldings or structures, or the structural alteration, relocation or en largement of one (1) or more new bui Idings or structures of an ex isting building or structure on one ( 1) or more building lots or sites. or the installation of site improvements. Easement shall mean a grant by a property owner to the public. a corporation, or persons for a general or specifi c use of a defined strip or parcel of land, for such purpose as the installation, construction maintenance and/or repair of utility li nes, drainage ditches or chaimels, or other public services, the ownershi p or title to the land encompassed by the easement being retained by the owner of the property. Engineer shall mean any person du ly aut horized under the Texas Engineering Practice Act (V.A.C.S. art. 327 1a). as amended. to practice the profession of engineering. Engineering plans shall mean the maps and drawings required for plat approval. Lot shall mean an undi vided tract or parce l of lai1d having access to a street, wh.ich is designated as a separate and distinct tract or lot num ber or symbo l on a duly approved plat fi led of record . The terms "lot" and ·•tract" shall be used interchangeably. Off-site shall mean any premises not located within the property to be developed. regardless of o·wnership. Owner shall mean any persons, firm or corporation having legal title to the property. Plat shall mean a map representing a tract of land showing the boundaries of individual properties and streets or a map, drawing, chart, or plan showing the layout of a proposed Ordinance 13-07 Subdi vision Regulations Page 3 o f 24 347 subdi vision into lots, blocks, streets. parks, schoo l sites, commercia l or industrial sites, drainage ways, easements, alleys, which an applicant submits for approval and a copy o f which he intends to record with the County Clerk of Denton Coun ty. Plat, f; nal, shall mean the map or plan of a proposed develo pment submitted for approval by the Town Council , where required, prepared in accordance with the provisions of this chapter and requested to be fi led with the County C le rk of Denton County. Plat, preliminary, sha ll mean the initi al map or pJan of a proposed deve lo pment showing the general layout of streets. blocks and lots, uti li ty systems. and drainage systems. Righ1-<~f-way shall mean a strip of land acquired by dedication, prescription or condemnation and intended to be occupied by a road, sid ewalk, railroad, electric transm ission facility, water mains. sewer mains, storm drainage or other similar faci lity. Rights-of-way intended fo r streets, sidewalks. water mains, sewer mains. or any other use involving maintenance by a publ ic agency shall be dedicated to the public use by the plat applicant either by easement or in fee s imple title. Streets and alleys shaJl mean a way for vehi cular traffic, whether designated as a street highway. thoroughfare, parkway. throughway. road. avenue, boulevard. lane, alley. place or however otherwise designated. Town streets shall confonn to the fo ll owing classifications: ( I) An eri al streets and hi ghways are those which are used prima ril y for higher speed and hi gher volume traffic . Routes for such streets shall provide fo r cross-town c ircul ati on and through-town movements. (2) Coll ector streets are those which carry traffic from minor streets to the major system of ruteri al streets and higll\.vays. including the principal entrance. circulation streets of a residential development and streets for c irculations within such a development of a residential s ubdivision . (3) Mi nor streets are those. wh ich are used primaril y for access to abutting properties. (4) Marginal access streets are minor streets located parallel to and adjacent to arteria l streets and highways, providin g access to abutting properties and protection from the traffic of the thoroughfares. (5) Alleys are minor ways used primarily for access to abutting properties for vehi cle service usuall y to the back or side of a property. Srrucrural alreralions shall mean the installati on or assembly of any new structural components, or any change to ex isting structural components, in a system, bu ilding or structure. Structure shall mean anything constructed or erected, which requires location on the ground. or attached to something hav ing a locati on on the grOlmd. incl uding, bur not limi ted to, buildings of all types and ground signs, but exclusive of customary fences or boundary or retaining walls. Subdivision shall mean div iding a tract in two (2) or more parts for the purpose of creating Ordinance 13-07 Subdivision Regulati ons Page 4 o f 24 348 lots, including an addition to the Town, to lay out suburban, bui lding or other lots or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to the public use or for the use of purchasers or owners of Jots fronting on or adjacent to the streets, alleys. squares. parks or other parts. "Subdivision" refers Lo any division irrespective of whether the actual division is made by metes and bow1ds description in a deed of conveyance or a contract for a deed, by using a contract of sale or other exec utory contract to convey, or by us ing any other method . A subdivision does not include a division of land into parts greater than fi ve (5) acres, where each part has access and no public improvement is being dedicated. Sec. 4. Purpose. The purpose of this ordinance is to set forth the procedures and standards for development of prope1ty, layout and design o f subdi visions or rea l property within the corporate limits o f the Town which are intended to promote the health, sa fety and general welfare of the Town and the safe, orderly, and healthful development of the Town. Sec. 5. Compliance required. (a) Any owner of land who proposes the development of a lot or tract of land located within the corporate limits of the Town or ETJ or the subdi vision of a lot or tract located in the corporate limits of the Town or ET.I shall have a plat of the lot or tract of land or subdivision prepared and approved in accordance with a ll Ordinances of the Town and recorded with the County Clerk of Denton County. (b) Notwithstanding paragraph (a) above, a plat shall not be required where the deve lopment of the Jot or tract of land is for the sole purpose of performing a lteration(s) or improvements to an ex isting single-fam ily residence or the a uxiliary uses thereto. All such alterations or improvements must be permitted in compliance with a ll app licable codes and ordinances of the Town (c) No Final Plat shall be approved within the Town o f Lakewood Village or its extraterritorial jurisdiction until the appli cant has made adequate provision fo r thoroughfares as shown on rhe Thoroughfare Plan (map) as approved by the Town. The Thoroughfare Plan is a guide fo r the roadway co1111ections and types that will be needed in the future. Subject to Town Counc il, or designee approval as long as the c01m ection is made whether or not it is close to the exact a lignment shown on the Thoroughfare Plan. no Thoroughfare Pl an amendment should be necessary. T he design and con struction of the proposed thoroughfare shall be in conformance wi th the Town's master plans for thoroughfares and with any adopted Development Standards.for Construction (DSC), and shall be subject to approval by the Town Counci l, or des ignee. If a different roadway type is found to be adequate or if the connec tion is not proposed to be made. then the plat may not be approved un less the thoro ughfa re plan is am ended . A T raffi c Impact Analysis may be required prior to approval of the proposed amendment . Sec. 6. Extension of Subdivision Rules and Regulations, Building Standards and Construction Permits and Fees, and Uniform Codes to the Extraterritorial Jurisdiction. Ordin ance 13-07 Subdiv ision Regulat ions Page 5 of 24 349  This ordinance is hereby adopted under the authority of the Constitution and laws of the State of Texas including Texas Local Government Code Chapter 212, and is being adopted after conducting a public hearing on the matter. The Town Co uncil hereby amends Ordinance 08-06, the Town of Lakewood Village Subdivision and Property Regul ati ons by ex tending the application of the Town of Lakewood Village Subdivision and Properly Regulations to the exu·atetTitorial jurisdiction of the Town, as that area may exist from time to time. This ordinance shall be applicable to the filing of plats, the subdi vision of land, and development of property wi thin the corporate limits of the Town and its extraterritorial jurisdiction as they may exist from time to time adjusted. All ordinances of the Town. including Ordinance I0-01. which by such ordinance(s) the Town Counci l has adopted and made applicable to the Town the uniform codes, including but not limited to those concerning and applicable to building, plumbing. mechanical energy, fuel and gas, property maintenance. electrical, fi re and all appendices thereto, and all ordinance(s) concerning and related to permits and permit fees for building and construction, shall be and are hereby an1ended to apply and extend all such ordinances and their provisions to the "ETJ" of the Town to the full extent as permitted by law. The Town shall have all remedies and rights provided by Tex.as Local Government Code, Chapter 212. with regard to the control and approval of subdivisions and plats and prope1iy development both within the Town and within its ETJ to the full extent as pem1itted by law. ARTICLE II. PLATS DlVlSION 1. GENERALLY Sec. 7. Fees. The applicant for approval of a preliminary plat, final plat, replat. amended plat, minor plat or modified final plat shall, upon submi ssion of the plat application and all requi red documentation, pay a nonreturnable fee, as estab lished by the Town Council, for the review and processing of the plat application. Upon approval of the final plat, rcplat, amended plat or final minor plat. the applicant shall pay an additional recording fee established by the county for recording the plat with the county clerk. Prel iminary. Replal and Fi nal Plat Review Fees. A preliminary plat, replat. and final plat review fee shall be paid to the Town upon the filing of the preliminary and final plat in accordance with the following sched ul e: $700 per plat plus $20.00 per lot. Sec. 8. Process for approval. (a) The plat shall be scheduled for considerati on at the next regular meeting of the Town Ordinance 13-07 Subdivision Regulations Page 6 of24 350 Council. (b) If the plat is disapproved by the Town Council, the applicant may correct the items of concern and resubmit the plat for approval one ( I) time within six (6) months by paying one-half (1/2) of the original fee. 1f the plat is disapproved a second time or if a second request is not received within six (6) months of the first disapproval , the applicant wi ll be required to repeat the plat application process from the beginning and pay all standard application fees. (c) An applicant may withdraw his plat application from consideration at any time during the application process by fil ing a written notice of withdrawal with the Town. Upon fi li ng the notice to withdraw, the Town shall discontinue processing the plat application. The applicant must fil e a written request to proceed with further consideration of the plat v.rithin six (6) months of withdrawal and the Town shall continue the application process. If the request to proceed with fmther consideration of the plat is filed more than six (6) months after filing the notice of withdrawal, the applicant shall be required to repeat the plat applicati on process from the beginning and pay the standard application fees. Sec. 9. Requirements for approval of application by Town Council. (a) Within thirty (30) days of the date that the application is deemed administratively complete, the Town Cmmcil shall approve a plat if it complies with the requirements of this chapter, the applicant is not in arrears in the payment of any debts owed the Town required by this chapter on a previous plat, it conforms to the general plan of the Town and its current and future streets, alleys, parks, playgrounds, and public utility facilities plans, and it conforms to the Tow11's general plan for the extens ion of roads, streets, and public highways, taking into account access to and extension of sewer and water mains and instrumentalities of public utilities. (b) A plat is considered approved by the Town Council unless it is disapproved within such thirty-day period. Sec. 10. Recordation. (a) Preliminary plats are not recorded with the county clerk. (b) Applicant shall record all plats with the county clerk upon the Town Council's approval of the plat and the applicant' s submission of the required recording fee to the County. (c) Applicant shall record all other plats with the county clerk upon the Town Council ' s approval of the plat and the applicant' s submission of the required recording fee to the County. (d) A fiJ1al plat shall become null and void six (6) months after its approval by the Town Council, unless the final plat is filed and recorded in Denton County Clerk Real Property Records. Ordinance 13-07 Subdivision Regu lations Page 7 of24 351  (e) A general development pl an shall become null and vo id six (6) months after its approval by the City Council, unl ess the general development p lan is filed and recorded in Denton County Clerk Real Prope rty Records. Sec. 11. Approval of preliminary plats. Approval of a preliminary plat shall be deemed to be an expression of approval to the layout submjtted as a guide to the preparation of the final plat and shall not constitute approval of a final plat. DIVISION 2. PRELIMI NARY PLATS Sec. 12. Form, contents and required documentation. (a) Preliminary plats shall be fi led with the town secretary. The town secretary shall stamp the fo llowing notice on the face of each preliminary plat: "Preliminary plat for inspection purposes only and in no way official or approved for record pmposes and not approved for constructi on." (b) When fi ling a preliminary plat appl ication, it s ha ll be accompani ed by the fo llowing mirumum documentation: (1) Completed preliminary plat application; (2) Eight (8) copies of the plat; (3) Eight (8) copies of engineeri ng plans; (4) Deed showing current owne rship of the platted property; (5) Tax certificates showing property owner is not in arrears in payment of taxes; and (6) Nonrefundable application fee, as establi shed by the Town Council. (c) Preliminary plats must meet the fo llowing criteria and contain the fo llowing information: ( 1) Scaled drawing no sma ller than I" = 200' on a sheet size no greater than twenty-four (24) inches by thirty-six (36) inches (multiple sheets may be submitted; however , each sheet must be registered and match lines to allow assembly of the multiple sheets); (2) Boundary of the s ubject tract; (3) All ex isting and/or proposed streets and alleys with street names, widths and relation to surrounding existing street patterns; Ordinance 13-07 Subdivision Regulations Page 8 of24 352  (4) Approximate width and depth 1of all proposed lots; (5) Layout, in dotted lines. of all adjacent lots to the property being platted showing lot size, lot and block num bers. name of existing subdivision or prope1ty owner if undeveloped property: (6) FEMA designated 100-year floodplain boundary; (7) Date. scale, north point, and small scale location map; (8) Name and address of a ll prope1rly mvners of the property being platted: (9) Name and address of engineer and surveyor; and ( I 0) Signed statement of the enginieer and/or surveyor who prepared the preliminary plat indicating the records or s urvey from which the property description of the boundary of the proposed plat was developed. (d) The engin eering plans shall be in compliance with the current adopted construction standards of the Town and shall consist of the following: (1) Layout of all needed off-site utilities; (2) Water system layout, includinf: size o f line and fire hydrant location; (3) Sewer system layout, including size of line, location of manholes and cleanouts; (4) Drainage plan prepared in accordance with standard 100 year flood frequencies rainfalls which shows the overall analysis of the change of existing condition to fully developed condi tion and ident ify approximate location where water will exit the subdi vision. Drai nage plan sha ll show a ll contours for proposed development; and (5) As-b uilt drawings o f existing structures. if applicable. DIVISION 3. FrN AL PLATS Sec. 13. Form, contents and required documentation. (a) Final plats are mandatory. (b) In cases where a pre liminary p lat was previously approved, the final p lat shall confo1111 to the approved prelim inary plat. (c) Final plats shall be filed w ith the City Secretary and shall be accompanied by the fo llowing minimum documentation: O rdinance 13-07 Subdivision Regulations Page 9 of24 353  (I) Completed fina l plat applicalion; (2) Eight (8) copies of the plat; (3) E ight (8) copies of engineering plans; (4) Deed sho\.ving current ownershi p of the platted property; (5) Tax certificates showing property owner is nol in arrears in payment of taxes; (6) A slalement on the plat application showing that all fees owed the Town on any prior proj ects has been paid in ful l at the time the application was fi led; and (7) Nonrefundable application fee. as established by the Town Cow1cil. (d) Fi na l plats must meet the fo llowing criteria and contain the followi ng in fo rmation: ( 1) Scaled drawing no small er than l" = 100 1 on a sheet size no greater than twenty-four (24) inches by thi1ty-six (36) inches (multiple sheets may be submitted: however, each sheet must be registered and match li nes to a llow assembly of the multiple sheets and an index sheet shall be drawn on a sheet twenty-four (24) inches by thirty- six (36) inches showing the entire property being pl atted) ; (2) The shape and the exterior boundaries of the property being platted shall be indicated by the use of a distincti ve and individ ual symbol; (3) The length of all strai ght li nes. deflection angles, rad ii, arcs, and central angles of all curves sha ll be g iven along the property lines of each street or tabulated on the same sheet showing all curve data with its symbol. A ll dimensions a long the lines of each lot with the an gles of intersections which they make with each other shall be indicated; (4) The names of all adjo ining subdivisions, tJ1e side li nes of abutting lots, lot and block numbers, all in dotted lines, and where possible, accu rate reference ties to at least two (2) adjacent recogni zed land co rners shall be cl early ind icated; (5) The description and locati on of a ll survey monuments placed on the property being platted shal l be indicated; (6) A title shall be indicated, inc luding the name o f the property being platted, the name of the appli cant and scale and location of the property being p latted with reference to original surveys and a north poi nt which may be magnetic or true north, with notation stating which. (7) FEMA designated I 00-year fl oodplain boundary. including fini sh floor elevation established a minimum of three feel above the calculated I 00 year flood. A O rdinance 13-07 Subdivision Regulations Page 10 of24 354  surveyor's certificate shal l be placed on the final pl at as fo ll ows: KNOW ALL MEN BY TH ESE PRESENTS: T hat I, , do hereby ce11ify Lhat I prepared this plat from an actual and accurate survey of the land and that the com er mo numents shown thereon were properl y placed under my personal supervision, in accordance with the Subdivision and Property Develo pment Regulatio ns of the Town of Lakewood Vi llage, Texas. Signature Texas Reg. No. (9)A certificate of ownership and of dedication of all streets. alleys. easements and lands to public use forever, signed and acknowledged before a notary public by the owner of the .l and, shall appear on the face of the map, co ntainjng complete and accurate description of the property being platted and the streets dedicated; (10) The applicant w ill furni sh the Town a copy of the dedication at the sam e time the final plat is submitted for approval; and ( 11 ) The fo llowing certificate of approval by the Town Council shall be placed on the plat: Approved this day o f _ _ _ _, 20_ _ _ _, by the Town Council of tbe Town of Lakewood Vi llage, Texas. Mayor Town Secretary (e) The engineering plans shall be in compl iance with the current adopted construction standards of the Town and sha ll consist of the fo llowing: ( 1) Street layout and grades; (2) Water system layout, including size of line and fire hyd rant location; (3) Sewer system layout, incl uding size and grade of lines. locatio n of manholes and cleanouts, and lift station des ign: (4) Al l drai nage structure desig ns, ana lysis of as-is and fu ll development for where the water exits the subdivision, ana lysis of a ll streets to determine if they meet drainage criteria, FEMA fl oodplain and fl oodway boundaries (if applicable), and letter(s) of Ordinance 13-07 Subdivision Regulations Page 11 of24 355  release from property owners affected by diversion of water (except for watercourse(s) designated on current Town topography maps); and (5) As-built drawings of existing structures, if applicable. DIVISION 4. VACATION OF PLATS , REPLATS AND AMENDMENT OF PLATS ' Sec. J 5. Vacation of plats. (a) Any plat, replat or amended plat previously recorded w ith the county clerk may be vacated by the property owner(s) at any time prior to the sale of any lot therein by filing a written signed and acknowledged instrument declaring the same to be vacated and recorded with the county clerk. (b) If the one (1) or more lots have been sold, the plat, rep lat or amended plat may be vacated by the property owners by tiling a written signed and acknowledged instrument with the town secretary. The vacating instrument must be approved by the Town Council in the same manner as the original p lat, replat or amended plat. The Town Council shal l disapprove the vacating instrument wh ich abridges or desh·oys public rights in any of its public uses, improvements, streets, or alleys. Upon approval by the Town Council , the vacating instrument may be recorded with the county clerk and the vacated plat, replat or amended plat shall have no effect. State law reference(s)--Vacating plats, V.T.C.A., Local Government Code§ 212.013. Sec. 16. Replats without vacating preceding plat. A replat may be recorded and controls over a previously recorded p lat without vacation of that plat if the replat is signed and acknowledged by the owners of the property bei ng platted, does not attempt to amend or remove any covenants or restrictions, and is approved, after a public heari ng on the matter, by the Town Counci l. Sec. 17. Plat amendments or corrections. (a) The Town Council may approve and issue an amended plat, which may be recorded with the county clerk and controls over the preceding plat without vacation of the plat, if the amended p lat is signed by the applicant(s) and is solely for one (1) or more of the following purposes: (1) To co1Tect an error in a course or distance shown on the preceding plat; (2) To add a course or d istance that was om itted on the preceding plat; (3) To con-ect an e1Tor in the description of the real property shown on the preceding plat; ·state law refe1·ence-Vacating plats, amending plats, etc., V.T.C.A. Local Government Code § 2 12.0 13 et seq. Ord inance 13-07 Subdivi sion Regulations Page 12 of24 356  (4) To indicate monuments set f011h after death, disability, or retirement from practice of the engineer or s urveyor responsible for setting monuments; (5) To show the proper location or character of any monument which has been changed in location or character or which 01iginal ly was shown incorrectly as to location or character on the preceding plat; (6) To correct any 0U1er type of scrivener's or clerical error or omission previously approved by the planning and zoning commi ssion and/or Town Council, including lot numbers, acreage, street names, and identification of adjacent recorded plats; (7) To correct an error in courses and distances of lot lines between two (2) adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished; provided, that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat; (8) To relocate a lot line in order to cure an inadvertent encroachment of a buildjng or improvement on a lot line or on an easement; (9) To relocate one ( I) or mo re lot lines between one (1) or more adjacent lots where the owner(s) of all such lots join in the application for the plat amendment; provided, that such amendment does not attempt to remove recorded covenants or restrictions and does not increase the number of lots; or (10) To make necessary changes to the preceding plat to create six (6) or fewer lots in the plat if the changes do not affect applicable zoning and other regulations of the Town, and the changes do not attempt to amend or remove an y covenants or restrictions and the area covered by the changes is located in an area that the Town Council has approved, after a public hearing, as a residential improvement area. (11 ) To replat one or more lots fro nting on an existing stTeet if the owners of all those lots join in the application for the amendment; the amendment does not attempt to remove recorded covenants or restrictions or increase the number of lots; and, the amendment does not create or require the creation of a new street or make necessary the extension of murucipal facilities. (b) Notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amended pl at. ARTICLE Ill. DEVELOPMENT PROCESS Sec. 18. Construction of infrastructure. (a) Following approval of the final plat, the plat applicant shall submit full construction plans for all proposed infrastructure to be constructed for the platted property. Construction plans Ordinance 13-07 Subdivision Regulations Page 13 of 24 357 submitted shall be in conformance with the approved plat. The Town engineer shall review the submitted plans fo r compli ance with the construction standards adopted by the Town. (b) Upon approval of construction plans by Town Council, the pl at applicant and/or the plat applicant' s contractor w ill provide wri tten notification to the Town engineer of the intent to commence construction of the required infrastrucrure. No work may be perfo1med unless written notification has been provided to the T own engineer. The written noti fication shall contain the following infonnati on: (I) Name of the plat or subdivision: (2) Plat applicant's name; (3) Contractor's name, address and phone number; (4) Type of constructi on to be pe1fonncd; and (5) Estimated value o f construction contract. (c) The Town engineer sha ll issue an acknowledgment of receipt of notification to the developer and/or hi s contrac tor. Sec. 19. Acceptance of infrast r ucture. (a) Upon completion of a ll required in fras tructure, prior to the acceptance of the subdivision by the Town for maintenance, the applicant shall post, or cause to be posted, a maintenance bond executed by a corporate surety or corporate sureties duly authorized to do business in this state, payabl e to the Town and approved by the T own as to form, to guarantee the maintenance of the construction for a period of one ( 1) year after its completi on and acceptance by the T own. In lieu of a maintenance bond: the applicant may subm it either an irrevocable letter of credit payable to the Town and approved by the Town as to form or a cash bond payable to the Town and approved by the Tovm as to fo rm . The actual value of the maintenance bond or letter of credit or cash bond shall be ten ( 10) percent of the full cost of the water and sewer system and fifteen (15) percent of the full cost of the cost of street and drainage constructi on, as determined by the estimate o f construction costs . (b) Upon receipt of the approved maintenance bond, irrevocable letter of credit or cash bond. the Town engineer shall issue a wri tten letter o f acceptance of the infrastructure and noti fy the building and development department that the subdivision has been accepted by the Town. Sec. 20. Building permits issu ed prior to completion of infrastructure. (a) In the event an appl icant wishes to obtai n building permi ts prior to acceptance of the subdi vision by the Town , the applicant shall post with the Town a completion bond executed by a corporate surety or corporate sureti es duly authori zed to do business in thi s state, payable to the Town and approved by the Town as to form ro r all construction included in the approved Ordinance 13-07 Subdivision Regulations Page 14 of24 358 construction pl ans that has not been completed. In lieu of a comp letion bond, the appl icant may submit either an irrevocable letter of credit payabl e to the Town and approved by the Town as to form or a cash bond payable to the Town and approved by the Town as to form. (b) Under no circumstances shall building above the foundation be permitted until adequate fire protection is availabl e. Adequate fire pro tection means: ( I) Town utilities are insta lled; (2) Fire hydrants providing protection arc operational; and (3) Streets are open and drivable, street subgrades worked to proper compaction and base course install ed, graded and leveled. to faci litate veh icle movement. (c) After the plat has been recorded and the completion bond, irrevocable letter of credit or cash bond has been rece ived and approved by the Town, the Town engineer shall notify the building and develo pment department. by lot and block numbers, that bui lding perm its may be issued. Sec. 21. Agreements with the Town. (a) Al l agreements entered into between the Town and the deve loper and/or applicant, as a condition of plat approval, shall be recorded al ong with the final plat. (b) The executed agreement shall be submi tted to the Town Counc il in conjunction with the original drawings required for fili ng and recordati on. ARTICLE IV. ST ANDARDS ANO REQU IREM ENTS DIVISION I.GENERALLY Sec. 22. Lots and blocks. (a) All lots o f the plat shall front on a dedica ted street. (b) In general, lots sha ll conform in width, depth, and area to the pattern already established in the adjacent areas. havi ng due regard to the character of the neighborhood, its particular suitability fo r residenti al purposes, and also tak ing into consideration the natural topography of the ground, drainage, sanitary sewage facilities, and the proposed layout of the streets. (c) Lots shall have the size, wi dth measurements, front, rear, and side yard requi rements required by the current T own Zoni.ng O rdinance .. (d) The area of the lots sha ll be computed by taki ng the average wicJth of the lot times the average deptl1 of the lot measured from the sa-eet line to the rear lot line. Ordinance 13-07 Subdivision Regul ations Page 15 o f 24 359  (e) All sidel ines oflots shall be at right angles to straight street lines or radial to curved street Ji nes, unJess a variation from this rul e wou ld. in the opinion of the Town Council , produce a better lot plan and better utili ze the proposed development. Sec. 23. Park sites. The Town Council shall consider offors of land fo r parks or playgrounds which conform to the cmrent master plan adopted by the Town, provided such plan exists. Sec. 24. Use of Town condemnation authority. (a) Water and sewer mains, force ma ins and lift stations, streets and drainage ways shall be located in easements or rights-of-way secured and paid for by the applicant. Such easements shall be properly assigned to the Town before service is extended to the subdivision. (b) In cases where easements cannot be secured by the applicant, the applicant may file a written petition with the Town engineer, accompanying the plat application, requesting that the Town Council utilize its condemnati on authority. The written petit ion must sati sfy all of the fo ll owing criteria: ( l ) The applicant must establish that clear evidence of publi c need exists; (2) The applicant must establish that the proposed extension is in accordance with the cwTent adopted master utili ty ]plan(s), if such plan(s) exists; (3) The applicant must establi sh 1that the proposed extension will be able to serve other development areas; (4) The applicant must af,rree to pay al l costs of the condemnation; and (5) The appli cant must present written evidence that every practical attempt to secure the needed easements and/or right-of-way has been made by submitting the fo llowing: a. A condem11ation appraisal by an independent appraiser as to the cu1Tent market value and damages, if any, of acqu iring the easement and/or right-of-way; and b. Documentation that a written offer has been made to purchase the easement and/or right-of-way for the appraised value and the offer was rejected. (c) The petition shall be forwarded to the Town for review and recommendation and schedu led for consideration by the Town Counci l. DIVISION 2. STREETS AND DRAINAGE Sec. 25. Streets. Ordinance 13-07 Subd ivision Regulations Page 16 of24 360  (a) Street w idths in subdi visions sha ll conform to: Designati on Right-of-Way (feet) Paving (feet) A + major arterial 110 86 A major arterial 11 0 90 B + minor arterial 90 66 B minor arteri al 80 56 C major collector 70 44 D minor collector 60 38 E minor local 50 31 (b) Existing streets sha ll be co ntinued where practical, as determ ined by the Town Council. Continuations of existing streets shall have the same or greater ri ght-of-way, pavement widths, and composition as the existing streets being connected. Street names shall be continuous. (c) All necessary street ri ghts-of-way shal l be dedicated as parl of the platting process and shall be dedicated to U1e Town w ithout cost. (d) Dead-end streets may be platted where the land adjo in ing the plat has not been planed. In the event that such dead-end street exceeds one hundred fi fty ( 150) feet in length or one ( l ) lot width, from the nearest street intersection, the street will be provided with a cul-de-sac, e ither pennanent or temporary, having a mi nimum right-of-way radi us of fi fty (50) feet. (e) Where dead-end streets are dictated by lot designs, such dead-end streets sha ll be provided with a pennanent .cul-de-sac havin g a mi nimum right-of-way rad ius of fifty (50) feet. (i) No street intersection sha ll be designed havi.ng an inside angle of less than thi1ty (30) degrees between the two (2) intersecting street li nes, nor more than one hundred fi fty ( 150) degrees. (g) Block lengths between intersecti ng cross streets or to the end of a cul-de-sac sha ll be no more than one thousand two hundred (1.200) feet. (h) Streets, where practica l, shall be designed and platted with appro priate regard to topographical featmes, i.e., creeks and drainage ways. wooded areas, etc., with the aim of creating desirable and attractive treatments of s igni fican t existing features. (Ord. No . 95-38, § I, 4-25-95). Private Streets sha ll not be a llowed. (i) Driveways; Any driveway or oth er common access to more than two residences wh ich is not de fined in Section 23(a), sha ll be considered a minor local road and shall conform to defined standards. U) Streets shall be concrete w ith a mini mum lh ick.ness of 5" and shall meet current Town design standards as determi ned by the Town eng ineer. Ordinance 13-07 Subd ivision Regulations Page 17 of24 361 Sec. 26. Alleys, reserve strips. (a) Alleys and/or easements shall be laid in the rear of lots fronting on adjoining streets where practicable. In residentia l subdivisions. the minimum width of right-of-way o f an alley shall not be less than twenty (20) feet. All alleys shall be paved for the entire width of the right- of-way to the same specifications as minor residential streets. The rear or side line easement, where alleys are not provided , shall be a minimum of twenty (20) feel wide, ananged such that each lot shall have an equal ten-fool easement. (b) No plat shov.ring reserve strips of land controlling access to public ways or adjoining properties wi ll be approved. Sec. 27. Drainage in special flood hazard areas. Drainage structures in areas of specia l Aood hazard m the Town shall comply with the provisions of the Town Ordinances. Sec. 28. Drainage not in special flood hazard areas. (a) Design of all improved open drainage courses and enclosed drainage structures shall be by a registered professional engineer in accordance with the cu rrent drainage design standards approved by the Town Council. A review of the downstream drainage system capacity to a point of di scharge into the lake area shall be made. The rate of storm waler discharge from the proposed development shall not exceed fl ow capacity of any ex isting structure or drainage system. Thi s may require storm water detention or retention on site of the project. (b) The design and construction of all improved open drainage courses and enc losed drainage structures s hall provide for adequate access for the performance of necessary maintenance by the Town. (c) All improved drainage courses and enclosed drai nage structures shall be dedi cated to the Tovm and accepted for maintenance by the Town upon approval of the construction by the Town engineer. (d) The Town shall maintain all improved drainage courses. provided that the original des ign and construction has been approved by the Town engineer and accepted by the Town for maintenance. (e) Improved open drainage courses shall con form as follows: ( I) Open drainage courses which carries runoff from a street, between two (2) lots. to a drai nage course running behind lots shall be a concrete-lined flume . (2) Open drainage courses running behind lots may be of earlhen channel or concrete- 1ined channeL provided the type of channel used satisfies the design criteria (velocity, type of soil, etc.) in accordance w ith lJ1e current drai nage design standards approved by the Town Council. Ordinance 13-07 Subdivision Rcgula1ion s Page 18 of24 362  (3) Where the open drainage course is a concrete- lined fl ume, the width of the easement shall be equal to the width o f the flume. All other open drainage co urses require the width of the easement to be equal to the width from top-of-bank to top-of-bank plus maintenance way needs as given in the drainage design standards. (f) Enclosed drainage courses sha ll conform as fo llows: ( 1) Cross drainage for ri ght-o f-way needs shall be designed to meet the same requirements as its channe l. (2) Permanent structures a nd improvements may be constructed upon and across improved enclosed drainage courses in business zoning districts and manufacturing zoning districts. Design sha ll be to accommodate the 100-year frequency flood. (3) The width to the easement shall be equal to the width of the structure plus a width on each side of the structure to al low maintenance and/or repairs. Sec. 29. Street name signs. Street name signs and marke rs and Lraffic control signs, in accordance w ith standards adopted by the Town, will be required at each intersection. The developer will provide street signs and posts for the markers and make the in stallations when the subdivision is accepted by the Town for maintenance. DIVISION 3. WATER AND SEWER INFRASTRUCTURE Sec. 30. General Provisions. (a) The intent and purpose of th is division is to provide equitable charges for water and sewer connections as a proporti onate di stribution of the cost of the water and sewer main extensions to serve property withjn the Town. If the ex isting Town utility fac ilities are not within or adjacent to a subdivision, the developer shall con struct the necessary extension of water and sewer mains, force mains, force main s, and lift stations, including all valves, manholes, and piping necessary to serve any future development of abutt ing property as specified in thj s chapter. The deve loper' s engineer shall prepare a proposed plan of service fo r the subdivision and property along the extension whi ch sha ll be reviewed by the Town engineer. These facilities shall be constructed in accordance with both the master plan and the Technical and Admiill strative Manual for Water and Sewer System Development ("Manual"). (b) It is the genera l policy o f the Town that: (1) Water and sewer mains should be large enough to serve all the lots platted and, should the Town determi11e oversizing is necessary, the Town may participate m those lines greater than 8" fo r water and greater than 1O" for sewer. Ord inance 13-07 Subdi vision Regulatio ns Page 19 of24 363  (2) All utilities shall be required to extend across the fu ll width of the last lot platted on each street proposed w ithin the subdi vision, in such an a li gmnem that it can be extended to the next property in accordance with the master sewer and water plans for the Town, provided such plan(s) ex ist. Properties already served by water and sewer shall not be required to install additi onal facilities unless: (I) The current lines are not of adequate capacity to serve the proposed development; in which case the applicant will be req uired to install adequate fac ili ties. (c) Every lot of the plat shall have direct access to the water and sewer system. Utility service shall be from a water/sewer ma in located in an abutting ri ght-of-way or through easements from the lot to a water/sewer main. (e) ( 1) The terms of this division sha ll be cumu lative of all other ordinances regulating subdi visions, and such other ordinances are not repealed by this division, except to the ex tent that such other provisions conflict with the terms of this chapter, in which event this chapter shall prevai l. (2) The status of any prev iously designated line extension, lift station, or main shall be unaffected by this ordinance, save and except the Clear C reek pro rata line, designated in CCM #95-1 2 1R. The Clear Creek pro rata line designation is hereby rescinded. (t) In addition to any other remedy provided by law, the Town and its officers shall have the right to enjoin any violation of thi s chapter by injunction issued by a court of competent jurisdiction. Sec. 31. Water. (a) No water main shall be extended unless the diameter of any such extended main is a minimum of six (6) inches inside the subdivision. Larger mains may be required per the water master plan, provided such plan exists. (b) Water system layout shall be looped whenever possible. Dead-end mains shal l not exceed one thousand eight hundred ( J,800) feet or include three (3) fire hydrants. Single feeds may be permitted at the discretion of the Town engineer; however, any such denial may be appealed to the Town Council. Single feeds should include provisions for looping in future development. (c) The location of fire hydrant(s) sha ll compl y with and be approved by the Town Engineer and/or Fire Marshall and insurance requiremen ts. (d) Long water service taps shaU be installed whil e the subdivision is being developed. Short water service taps shall be installed when needed fo r development. Long water serv ice taps locations shall be clearl y marked w ith a plastic valve box directly above the tap. A Yi inch x 2 foot steel rod shall be driven verticall y 6" inches below the ground surface for the location of Ord inance 13-07 Subdivision Regularions Page 20 of24 364 each water tap. No water serv ice taps smal ler than six (6) inches in diameter shall be allowed on water mains larger than twelve ( 12) inches in diameter. Sec. 32. Sewer. (a) No sewer main shall be extended un less the diameter of any such extended main is a minimum o f six (6) inches inside the subdivision. Larger rnaj ns may be required per the sewer master plan, provided such plan exists. (b) Man.ho les are required any time th e alignment, slope, or diameter of the sewer main changes, or when two or more sewer ma ins intersect. In no case w ill the maximum spacing between manholes, or from a manhole to clcanout, exceed 500 feet. (c) Sewer services for sewer mains located in roadways shall be instal led while the subdivision is being developed. Sewer services with d irect access to the sewer ma in without encroach ing on a roadway may be installed when needed for development. Sewer tap locations shall be clearly marked with a plastic valve box directly above the tap. A Yi inch x 2 foot steel rod shall be driven ve11ically 6" inches below the ground surface for the location of each water tap. Sewer services six (6) inches and larger require a manho le where they intersect the sewer mai.n. T he sewer service sha ll extend a mi nim um of ten feet (1 O') into the lot area. (d) Minimum li ft station capacity shall be one hu ndred (I 00) gallons per minute and sha ll have at least two (2) pumps, each of wh ich shall be capable of pumping the design capacity of the lift station. The minimum size of the wet well shall be such that with any combination of inflow and pumping. the cycle of operation fo r each pump shall not be less than fi ve (5) minutes and the maximum retention time in the wet well shal l not average more than thirty (30) m inutes. (e) Septic system holding tanks or any other sewage retai nage fac iliti es for the storage or removal of sewage are prohibited. Sec. 33. Costs of Extensions. a. Developer initiated. All costs of all water and sewer main extensions, force mains, and lift stations initiated by a developer in order to provide required service fo r their development area, sha ll be paid fo r by the deve loper. S uch costs may include; but is not necessarily li mjted to, right-of-way acquisition, pipes, motors, pumps, engineering, construction costs, inspection fees, and all weather access. In no event shall the T own pay for any costs associated with water and/or sewer improvements. Sec. 34. Use of Water and Sewer Tap Fees and Rate Revenues. Tap fees and rate revenues shall be set in an amount sufficient to maintain and operate the system, with due regard for anticipated needs to improve, update, construct, and maintain the Ordinance 13-07 Subdi vision Regulati ons Page 2 1 of24 365 system. Sec. 35. Use of Town Condemnation Authority. a. Water and sewer mains, force mains, and lift stations shall be located in easements, secured and paid for by the developer. and assigned to the Town before service is extended to the subd ivision. For the Tovm to consider to using condemnation authority to assist a developer in extension of the system, the applicant must show cl ear evidence that every practical attempt to secme the easement has failed and there is a public need and interest fo r condemnation. Specific criteria and procedures shall be as stated in the manual. b. Upon compl iance w ith a ll procedures by the developer, the Tovv11 at least I 0 days prior to the hearing shall noti fy all property owners within the proposed easement and 200 feet therefrom. A hearing of facts by the Town Council is required. Determination of the Town Council shall be final. Sec. 36. Property Owners & Homeowner Associations Property Owners Associations or Homeowner Associations which require mandatory membership and who require mandatory fees, dues, levies, or monetary assessments are prohibited. Sec. 37. Severability. It is hereby declared to be the intention of the Town Council that if any of Lhe sections, paragraphs, sentences, cla uses, and plu·ases of thi s Ordinance shall be declared unconstitutional or invalid by the valid j udgment or decree o f any coutt of competent jurisdiction, such unconstitutionality or invalidity sha ll not effect any of the remaining phrases, clauses. sentences, paragraphs, or sections of this Ord inance of unconstitutional or invalid phrases, clauses, sentences paragraphs or sections. Sec. 38. Savings. This Ordinance shall be cumulative of all other ordinances of the Town and shall not repeal any of the provis ions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ord inance; provided, however, that Ordinance No. 08-06 of the Town is hereby repealed, but provided that any complaint, action, cause of action, or claim which prior to the effective date of thi s Ord inance has been initiated or has arisen under or pursuant to Ordinance No. 08-06 shall continue to be governed by the provisions of that Ordinance and ror that purpose Ord inance No. 08-06 shall be deemed to remain and shall continue in full force and effect. Sec. 39. Repealer. Ordinance 02-0SA, Ordinance 00-09, Ordinance 08-06, and Ordinance 11-11 are hereby Ordinance 13-07 Subdivision Regulations Page 22 of 24 366 repealed. Sec. 40. Penalty. Any person who should violate any provision of thi s Ordinance or shou ld fail to comply herewith shall for each and every violati on or noncompliance be deemed guilty of a misdemeanor and shall be fined not more than $2,000.00 (two thousand dollars) and each day such violation shall be permitted to exist shall be construed a separate offense. Sec. 41. Effective Date. This Ordinance shall become effective from and after its date of passage and publication as provided by law. PASSED AND APPROVED the 13 111 day of June , 20 13 Mifefc;:ttk-;;r, Mayor ATTEST: ~,~bepQ Lill;;bell, Town Secretary Ordinance 13-07 Subdivision Regulations Page 23 of24 367  ./ r I . • - 4" Denton Co111t Thorou hfare Plan Ll: l~ Vlt~ Ap1rcnr.aa t l'Z Mic E'T.JL.r.c Thoroughfare fypes RIGllTOFW/¥ llC!J Typt M40 6lt = Typo C2U Exipo< ETJ _f 0 I.hie Elm Cly Lmt. !iWAi\ Cid Lake Dai n Dom D Re:idcn1al Arc•• - l'l.tll!clSem• Pubhc LohL.,.mwle 100 Yw AoodPoin I ..,, •• I ' :. 1,. •r.:. : =:::. 'tf!A"I B, .. I~ - ~I Eldorado Parl UUUIVl ~ I Vll l\.cg u1 tt uu11 ~ 368 Exhibit 29 369 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and conect copies of the 2006 International Residential Code, Chapter 1, Part 1, R 101.1 - Rll 4.2. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further ce1tify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014. 370 Part I-Administrative CHAPTER 1 SCOPE AND ADMINISTRATION PART 1-SCOPE AND APPLICATION SECTION R101 GENERAL R101.1 Title. These provisions shall be known as the Residential Code for One- and Two-family DwefUngs of [NAME OF JURISDICTION], and shall be cited as such and will be referred to herein as ''this code." RlOl.2 Scope. The provisions of the International Residential Code for One- and Twofamily Dwellings shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures. Exceptions: 1. Live/work units complying with the requirements of Section 419 of the International BuUding Code shall be permitted to be built as one- and two-family dwellings or townhouses. Fire suppression required by Section 4195 of the International Building Code when constructed under the International Residential Code for One- and Twofamily Dwellings shall conform to Section P2904. 2. Owner-occupied lodging houses with five or fewer guestrooms shall be pennitted to be constructed in accordance with the International Residential Code for One- and Two-family Dwellings when equipped with a fire sprinkler system in accordance with Section P2904. R10L3 Intent. The purpose of this code is to establish minimum requirements to safeguard the public safety, health and general welfare through affordability, structural strength, means of egress facilities, stabi1ity> sanitation, light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built enviromnent and to provide safety to fire fighters and emergency responders during emergency operations. SECTION R102 APPLICABILlTY R102.1 General. Where there is a conflict between a general requirement and a specific requirement> the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. R102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions oflocal, state or federal law. R102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section 371 or provision of this code. R102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections Rl 02.4. l and R102.4.2. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer's instructions shall apply. R102.4.l Differences. Where differences occur between provisions of this code and referenced codes and standards~ the provisions of this code shall apply. R102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code 01· standard. R102.5 Appendices. Provisions in the appendices shall not apply unless specifically referenced in the adopting ordinance. R102.6 Partial invalidity. In the event any pmi or provision of this code fa held to be illegal or void, this shall not have the effect of making void or illegal any of the other paits or provisions. R102.7 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Property Maintenance Code 01· the International Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. R102.7.1 Additions, alterations or repairs. Additions., alterations or repairs to any structure shall conform to the requirements for a new structure without requiring the existing structure to comply with all of the requirements of this code:, unles!i otherwise slated. Additions, alferalions or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building. SCOPE AND ADMINISTRATlON 2 2012 INTERNATlONAL RESIDENTIAL CODE0 PART 2-ADMINISTRATION AND ENFORCEMENT SECTION R103 DEPARTMENT OF BUILDING SAFETY R103.1 Creation of enforcement agency. The department of building safety is hereby created and the official in charge thereof shall be known as the building official. R103.2 Appointment. The building official shall be appointed by the chief appointing authority of the jurisdiction. R103.3 Deputies. In accordance with the prescribed procedures ofthisjw·isdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shal1 have powers as delegated by the building official. 372 SECTION R104 DUTlES AND POWERS OF THE BUILD1NG OFFICIAL R104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in conformance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. R104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection and alteration of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. R104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. Rl04.4 Inspections. The building official is authorized to make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. R104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. R104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code) or where the building o;]icial has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous; the building official or designee is authorized to enter the structure or premises at reasonable times to inspect or to perfmm the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or contra] of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. R104.7 Department records. The building official shall keep official records of applications received, permits and certificates issued> fees collected, reports of inspections_, and notices and orders issued. Such records shall be retained in the official records for the period required for the retention of public records. Rl04.8 Liability. The building official, member of the board 373 of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act perfonned by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuanc~ of the provisions of this code. R104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. R104.9.1 Used materials and equipment. Used materials~ equipment and devices shall not be reused unless approved by the building official. R104.10 Modifications. Wherever there are practical difficulties involved in canying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety. R104.10.1 Flood hazard areas. The building official shall not grant modifications to any provision related to flood hazard areas as established by Table R301.2(1) without the granting of a val'iance to such provisions by the board of appeals. SCOPE AND ADMINISTRATION 2012 lNTERNATlONAL RESlDENTIAL CODE® 3 RI04.ll Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code. Compliance with the specific performance-based provisions of the International Codes in lieu of specific requirements of this code shall also be permitted as an alternate. R104.11.1 Tests. Whenever there is insufficient evidence 374 of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official sha11 have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence ofrecognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. SECTION R105 PERMITS RlOS.l Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move demolish or 1 change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of whlch is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. R105.2 Work exempt from permit. Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Building: 1. One-story detached accessOJ)' structures used as tool and storage sheds, playhouses and similar uses provided the floor area does not exceed 200 1 square feet (18.58 m2). 2. Fences not over 7 feet (2134 mm) high. 3. Retaining walls that are nol over 4 feel (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1. 5. Sidewalks and driveways. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep. 8. Swings and other playground equipment. 9. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. 10. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 tmn) above grade at any point, are not attached to a dwelling and do not serve the exit door required by 375 Section R3 l l .4. Electrical: 1. Listed cord-and-plug connected temporary decorative lighting. 2. Reinstallation of attachment plug receptacles but not the outlets therefor. 3. Replacement of branch circuit overcunent devices of the required capacity in the same location. 4. Electrical wiring~ devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. 5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Gas: 1. Portable heating, cooking or clothes drying appliances. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Mechanical: 1. Portable heating appliances. 2. P01iable ventilation appliances. 3. Portable cooling units. 4. Steam) hot- or chilled-water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 6. P011able evaporative coolers. SCOPE AND ADMINISTRATION 4 2012 INTERNATIONAL RESIDENTIAL CODE~ 7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less. 8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. R105.2.1 Emergency repairs. Where equipment replacements and repairs must be perfonned in an emergency situation, the permit application shall be submitted within the 376 next working business day to the building official. RlOS.2.2 Repah·s. Application or notice to the building official is not required for ordinary repairs to stmctures, replacement of lamps or the connection of approved pmiable electrical equipment to approved pennanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing suppmt, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinaiy repairs include addition to, alteration of, replacement or relocation of any water supply, sewer, drainage, drain leader, gas; soil, waste} vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety. R105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment that is under the ownersWp and control of public service agencies by established right Rl 05.3 Application for permit. To obtain a permit, the app1icant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work, 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section RI 06.1. 5. State the valuation of the proposed work. 6. Be signed by the applicant or the applicant's authorized agent. 7. Give such other data and information as required by the building official. RlOS.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building offtdal shall reject such application in writing stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable. R105.3.1.1 Determination of substantially improved or substantially damaged existing buildings in flood hazard areas. For applications for reconstruction, rehabilitation, addition or other improvement of existing buildings or sh-uctures located in a flood hazard area as established by Table R301.2(1 )i the building 377 official shall examine or cause to be examined the construction documents and shall prepare a finding with regard to the value of the proposed work. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its predamaged condition. If the building official finds that the value of proposed work equals or exceeds 50 percent of the market value of the building or structure before the damage has occurred or the improvement is started, the finding shall be provided to the board of appeals for a determination of substantial improvement or substantial damage. Applications determined by the board of appeals to constitute substantial improvement or substantial damage shall require aU existing portions of the entire building or strncture to meet the Iequirements of Section R322. R105.3.2 Time limitation of application. An application for a perm U for any proposed work shall be deemed to have been abandoned 180 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. RlOS.4 Validity of permit. The issuance or granting of a permit shall not be constrned to be a permit for, or an approval ot: any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Pennits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the cmTection of errors in the construction documents and other data. The building official is also authorized io prevent occupancy or use of a sh'uchire where in vioSCOPE AND ADi\iliNISTRATION 2012 INTERNATIONAL RESIDENTIAL CODE0 5 lation of this code or of any other ordinances of this jurisdiction. R105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuancej or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. R105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in enor or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code. R105.7 Placement of permit. The buildingpermit or copy thereof shall be kept on the site of the work until the completion 378 of the project. R105.8 Responsibility. It shall be the duty of every person who performs work for the installation or repafr of building, structure, electrical, gas, mechanical or plumbing systems, for which this code is applicable, to comply with this code. Rl05.9 Preliminary inspection. Before issuing a permit; the building official is authorized to examine or cause to be examined buildings> structures and sites for which an application has been filed. SECTION R106 CONSTRUCTION DOCUMENTS R106.1 Submittal documents. Submittal documents consisting of construction documents, and other data shall be submitted in two or more sets with each application for a permU. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be conshucted. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code. RI06.1.1 Information on construction documents. Construction documents shall be drawn upon suitable material. Electronic media documents are pe11nitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will confonn to the provisions of this code and relevant laws, ordinances, rules and regulations} as detennined by the building official. Where required by the building official, all braced wa11 lines, shall be identified on the construction documents and all pertinent information including, but not limited to, bracing methods, location and length of braced wall panels, foundation requirements of braced wall panels at top and bottom shall be provided. · Rl06.1.2 Manufacturer's installation instructions. Manufacturer's installation instructions, as required by this code, shall be available on the job site at the time of inspection. Rl 06.1.3 Information for construction in flood hazard areas. For buildings and structures located in whole or in part in flood hazard areas as established by Table R301.2(1)} construction documents shall include: 1. Delineation of flood hazard areas, floodway boundaries and flood zones and the design flood elevation, as appropriate; 2. The elevation of the proposed lowest floor, including basement; in areas of shallow flooding (AO Zones), the height of the proposed lowest floor, including basement, above the highest adjacent 379 grade; 3. The elevation of the bottom of the lowest horizontal structural member in coastal high hazard areas (V Zone); and 4. If design flood elevations are not included on the conununitts Flood lnsurance Rate Map (FIRM), the building official and the applicant shall obtain and reasonably utilize any design flood elevation and floodway data available from other sources. R106.2 Site plan or plot plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing the size and location of new construction and existing structures on the site and distances from lot lines. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. R106.3 Examination of documents. The building official shall examine or cause to be examined construction documents for code compliance. R106.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved in writing or by a stamp which states 'REVIEWED FOR CODE COMPLIANCE.n One 1 set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the app1icant, shall be kept at the site of work and shall be open to inspection by the building official or his or her authorized representative. R106.3.2 Previous appl'ovals. This code shall not requh'e changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the constrnction of which has been purSCOPE AND ADMINISTRATION 6 2012 INTERNATIONAL RESlDENTIAL CODE® sued in good faith within 180 days after the effective date of this code and has not been abandoned. R106.3.3 Phased a1>proval. The building official is authorized to issue a permit for the construction of foundations or any other part of a buildjng or structure before the construction documents for the whole building or structure have been submitted, provided that adequate infonnation and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. R106.4 Amended construction documents. Work sha11 be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. 380  Rl06.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period ofnot less than 180 days from date of completion of the pennitted work, or as required by state or local laws. SECTION R107 TEMPORARY STRUCTURES AND USES Rl07 .1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. R107.2 Conformance. Temporary structures and uses shall conform to the structural strength~ fire safety, means of egress} light, ventilation and sanitary requirements of this code as necessary to ensure the pub He health, safety and general welfare. R107.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in pati of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary ce11ificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70. Rl07.4 Termination of approval. The building official is authorized to te1minate such permit for a temporary stmcture or use and to order the temporary structure or use to be discontinued. SECTION R108 FEES R108.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, has been paid. R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. R108.3 Building permit valuations. Building permit valuation shall include total value of the work for which a permit is being issued, such as electrical, gas, mechanical, pJumbing equipment and other permanent systems, including materials and labor. R108.4 Related fees. The payment of the fee for the constrnction, alteration, removal or demolition for work done in connection with or concurrently with the work authorized by a building perm it shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed bylaw. · Rl08.5 Refunds. The building official is authorized to establish a .-efund policy. R108.6 Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, electrical, gas) mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority that 381 shall be in addition to the required permit fees. SECTION R109 INSPECTIONS R109.1 Types of inspections. For onsite construction, from time to time the building official, upon notification from the permit holder or his agent~ shall make or cause to be made any necessary inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his or her agent wherein the same fails to comply with this code. R109.1.1 Foundation inspection. Inspection ofthe foundation shall be made after poles or piers are set or trenches or basement areas are excavated and any required forms erected and any required reinforcing steel is in place and supported prior to the placing of concrete. The foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls> partitions, structural supports> or equipment and special requirements for wood foundations. Rl09.1.2 Plumbing, mechanical, gas and electrical systems inspection. Rough inspection of plumbing, mechankalj gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set or instaJled, and prior to framing inspection. Exception: Backfilling of ground-source heat pump loop systems tested in accordance with Section M2105 .1 prior to inspection shall be permitted. Rl09.1.3 Floodplain inspections. For construction in flood hazard areas as established by Table R30l.2(1), upon placement of the lowest floor, including basement, and prior to further vertical construction, the buildtng official shall require submission of documentation, piepared SCOPE AND ADMINISTRATION 2012 INTERNATIONAL RESIDENTIAL CODE© 7 and sealed by a registered design professional, of the elevation of the lowest floor, including basement, required in Section R322. R109.1.4 Frame and masonry inspection. Inspection of framing and masonry construction shall be made after the roof, masonry, all framing, firestopping, draftstopping and bracing are in place and after the plumbing, mechanical and electrical rough inspections are approved. R109.1.5 Other inspections. In addition to the called inspections above> the building official may make or require any other inspections to ascertain comp1iance with this code and other Jaws enforced by the building official. R109.l.5.l Fire-resistance-rated construction inspection. Where fire"resistance-rated construction is required between dwelling units or due to location on property, the building official shall require an inspection of such construction after all lathing and/or wallboard is in place, but before any plaster is applied, or before wallboard joints and fasteners are taped and finished. Rl 09.1.6 Final inspection. Final inspection shall be made after the penn itted work is complete and prior to occupancy. 382 R109.1.6.l Elevation documentation. If located in a flood hazard area, the documentation of elevations required in Section R322.1. l 0 shall be submitted to the building official prior to the final inspection. R109.2 Inspection agencies. The building official is authorized to accept reports of approved agencies, provided such agencies satisfy the requirements as to qualifications and reliability. R109.3 Inspection requests. It shall be the duty of the permit holder or their agent to notify the building official that such work is ready for inspection. It shall be the duty of the person requesting any inspections l'equired by this code to provide access to and means for inspection of such work. R109.4 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The bufl in writing, suspend or revoke a certificate of occupancy issued under the provisions of this code wherever the certificate is issued in error1 or on the basis of incorrect information supplied1 or where it is determined that the building or structure or p011ion thereof is in violation of any ordinance or regulation or any of the provisions of this code. SECTION R111 SERVICE UTILITIES Rlll.l Connection of service utilities. No person shaH make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until approved by the building official. SCOPE AND ADMINISTRATION 8 2012 INTERNATIONAL RESIDENTIAL CODE@ R111.2 Temporary connection. The building official shall have the authority to authorize and approve the tempora1y connection of the building or system to the utility, source of energy, fuel or power. Rll 1.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disc01mection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section Rl02.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility coilllection has been made without the approval required by Section Rl 11.1 or Rl 11.2. The building official shall notify the serving utility and whenever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action if not notified prior to disconnection. The owner or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter. SECTION R112 BOARD OF APPEALS R112.1 General. In order to hear and decide appeals of orders1 decisions or determinations made by the building official relative to the application and interpretation of this code~ there shall be and is hereby created a board of appeals. The building official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with 384 a duplicate copy to the building official. R112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better fonn of construction is proposed. The board shall have no authority to waive requirements of this code. R112.2.1 Determinatfon of substantial improvement in flood hazard areas. When the building qfficial provides a finding required in Section RI 05. 3.1.1, the board of appeals shall detennine whether the value of the proposed work constitutes a substantial .improvement. A substantial improvement means any repair, reconstrnction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. 1f the building or stmcture has sustained substantial damage, all repairs are considered substantial improvement regardless of the actual repair work perfonned. The te1m does not include: 1. Improvements of a building or structure required to correct existing health> sanitat)' or safety code violations identified by the building official and which are the minimum necessary to assure safe living conditions; or 2. Any alterntion of an historic building or stmctme, provided that the alterntion will not preclude the continued designation as an historic building or structure. For me purpose of this exclusion, an historic building is: 2.1. Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places; or 2.2. Determined by the Secretat)' of the U.S. Departmenl of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district; or 2.3. Designated as historic under a state or local historic preservation program that is approved by the Department of Interior. Rl 12.2.2 Criteria for issuance of a variance for flood hazard areas. A variance shall be issued only upon~ 1. A showing of good and sufficient cause that the unique characteristics of the size, configuratfon or topography of the site render the elevation standards in Section R3 22 inappropriate. 2. A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable. 3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. 385 4. A detennination that the variance is the minimum necessary to afford relief, considering the flood hazard. 5. Submission to the applicant of written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that construction below the design flood elevation increases risks to life and property. Rl12.3 Qualifications. The board ofappea1s shall consist of members who are qualified by experience and training to pass on matters pertaining to building constrnction and are not employees of the jurisdiction. RI12.4 Administration. The building official shall take immediate action in accordance with the decision of the board. SECTION R113 VIOLATIONS R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, constrnct, alter, extend, repair, move, remove, demolish or occupy any building, structure or SCOPE AND ADMINISTRATION 2012 INTERNATIONAL RESlDENTIAL CODE@9 equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. R113.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection~ constrnction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illega1 action or condition and the abatement of the violation. R113.3 Prosecution of violation. If the notice of violation is not complied with in the time prescribed by such notice, the building official is authorized to request the legal counsel of the jurisdktion to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or stmcture in violation of the provisions of this code or of the order or direction made pursuant thereto. RI 13.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirem~nts thereof or who erects, constructs, alters or repairs a building or structure in violation of the app1·oved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. SECTION R114 STOP WORK ORDER R114.1 Notice to owner. Upon i1otice from the building official 386 that work on any building or structure is being prosecuted contraty to the provisions of this code or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop work order shall be in writing and shaH be given to the owner of the property involved, or to the owner's agent or to the person doing the work and shall stat.e the conditions under which work wil1 be permitted to resume. R114.2 Unlawful continuance. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as_ that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. 387 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the runctions of my office, that the attached instruments are full. true and correct copies of Section R.308.6.5 of Chapter 3 or the 2006 International Residential Code. The same appear of record in my office and said documents are the offi cial records from the public office of the Town Secretary of the Town of Lakewood Village. Denton County. Texas. and arc kept in said office. T furrher certify that 1 am the Town Secretary of th e Town of Lakewood Village, that I have legal custody of sa id records. and that Lam a lnwfu l possessor and keeper of the reco rds in said offi ce. In witness whereof I have hereunt o set my hand and affixed the orficial sea l of The Town of Lakewood Village thi s 26th day of March. 2014. ~do....~ .~~'~QQ~~~~~~~ ~sbcll. TRMC. Town Secretary Tovvn of Lakewood Vil lage Den ton County State of Texas 388  Chapter 3 R308.6.5 Screens not required . Screens shall not be required when fully tempered glass is used as sing le glazing or the inboard pane in multiple glazing and either of the following conditions are met: 1. Glass area 16 square feet (1.49 m2) or less. Highest point of glass not more than 12 feet (3658 mm) above a walking surface or other accessible area . nominal glass thickness not more than 3/ 15 inch (4.8 mm), and (for multiple glazing only) the other pane or panes fully tempered, laminated or wired glass. 2. Glass area greater than 16 square feet (1.49 m2). Glass sloped 30 degrees (0 .52 rad) or less from vertical, and highest point of glass not more than 10 feet (3048 mm) above a walking surface or other accessible area. 389 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify , in the performanceor the functions of my office, that the attached instruments are full. true and correct co pies of Section R308.4 of C hapter 3 of the 2006 International Residential Code. The same appear of record in my o rfice and sa id documents are the o ffi cia l records from the public office of the Town Secretary of the Town of Lakewood Vi ll age, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal or custody said records, and that I am a lawful possessor and keeper o f the records in said offi ce. In witness whereofl have hereunto set my hand and affixed the official seal of The Town of Lakewood Vi ll age this 26th day of March, 20 14. r->9~~b~ OO~~~~~- ~be11, TRMC. Town Secretary Town of Lakewood V illage Denton County State of Texas 390  Chapter 3 R308 .4 Hazardous locations. The following shall be considered specific haza rdous locations for the purposes of glazing: 1. Glazing in swinging doors except jalousies. 2. Glazing in fixed and sliding panels of sliding door assemblies and panels in sliding and bifold closet door assemb lies. 3. Glazing in storm doors. 4. Glazing in all unframed swinging doors. 5. Glazing in doors and enclosures for hot tubs, whirlpools, saunas, steam rooms, bathtubs and showers. Glazing in any part of a building wall enclosing these co mpartm ents where the bottom exposed edge of the glazing is less than 60 inches (1524 mm) measured vertically above any sta nding or walking surface . 6. Glazing, in an individ ual fixed or operable panel adjacent to a door where the nearest vertical edge is within a 24-inch {610 mm) arc of the door in a closed position and whose bottom edge is less than 60 inches (1524 mm) above the floor or wa lking surface. 7. Glazing in an individual fixed or operabl e pane l, other than those loca tions described in Items 5 and 6 above, th at meets all of the following conditions: 7.1. Exposed area of an individual pan e larger t han 9 sq uare feet (0.836 m2) . 7.2. Bottom edge less than 18 inches (457 mm) above the floor. 7.3. Top edge more t han 36 inches (914 mm} above the floor. 7.4. One or more walki ng surfaces within 36 inches (914 mm) horizontally of the glazing. 8. All glazing in railings regardless of an area or height above a wa lking surface . Inclu ded are structural baluster panels and nonstructural infill panels. 9. Glazing in walls and fences enclosing indoor and outdoor swimming pools, hot tubs and spas where the bottom edge of t he glazing is less than 60 inches (1524 mm) above a wa lking surface and within 60 inches (1524 mm) horizontally of the water's edge. Th is shall apply to single glazing and all panes in multiple glazing. 10. Glazing adjacent to stairways, landings and ramps within 36 inches (914 mm) horizontally of a walking surface when the exposed surface of the glass is less than 60 inches {1524 mm) above the plane of the adjacent walking surface. 11. Glazing adjacent to stairways within 60 inches (1524 mm) horizontally of the bottom t read of a sta irway in any direction when the exposed surface of the glass is less than 60 inches (1524 mm) above the nose of the tread . Exception: The following products, materials and uses are exempt from the above ha za rdous locations: 1. Openings in doors through which a 3-inch (76 mm} sphere is unable to pass. 2. Deco rative glass in Items 1, 6 or 7. 3. Glazing in Section R308.4, Item 6, when there is an inte rvening wall or other permanent barrier between the door and t he glazing. 4. Glazing in Section R308 .4, Item 6, in wa lls perpendicular to the plane of the door in a closed position, other than the wall toward which the door swings when opened, or w here access through the door is to a closet or storage area 3 feet (914 mm} or less in depth. Glazing in t hese applications shall co mply with Section R308.4, Item 7. 5. Glazing in Section R308.4, Items 7 and 10, w hen a protective bar is insta lled on the accessible side(s} of the glazing 36 inches± 2 inches (914 mm± 51 mm) above the floor. The bar shall be ca pa ble of withstanding a horizontal load of 50 pounds per linear foot (730 N/m) without contacting the glass and be a minimum of 1~ inches (38 mm) in height. 6. Outboard panes in insulating glass units and other mu ltiple glazed panels in Section R308.4, Item 7, when th e bottom edge of the glass is 25 feet (7620 mm) or more above grade, a roof, walking surfaces, or other ho rizontal [within 45 degre es (0.79 rad) of horizonta l] surface adjacent to the gla ss exterior. 7. Louvered windows and jal ousies comp lying with the req uirements of Section R308. 2. 391 8. Mirrors and other glass panels mounted or hung on a surface that provides a continuous backing support. 9. Safety glazing in Section R308.4, Items 10 and 11, is not required where: 9.1. The side of a stairway, land ing or ramp has a guardrail or handrail, including ba lusters or in-fi ll panels, complying with the provisions of Sections 1013 and 1607.7 of th e International Building Code; and 9.2. The plane of the glass is more than 18 inches (457 mm) from t he railing; or 9.3. When a solid wal l or panel extends from the plane of the adjacent walking surface to 34 inches (863 mm) to 36 inches (914 mm) above the floor and the co nstruction at the top of that wa ll or panel is capable of withst and ing the sa me horizontal load as t he protective bar. 10. Glass block panels complying with Section REilO. 392 ST ATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) l hereby certi fy. in the perfom1ance of the Cunctions of my office. that the attached instruments are fu ll. true and correct copies of Section R33 l .5 of Chapter 3 o[ the 2006 International Residential Code. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village. Denton County. Texas. and are kept in sa id office. I furth er certify that I am the Town Secretary o r the Town of Lakewood Village, that I have legal custody of said records. and that I am a lawful possessor and keeper of the records in said offi ce. ln witness whereof I have hereunto set my hand and affixed the offic ial seal or The Town of Lakevvood Vil lage this 26th day or March, 20 14. Linda As ell. TRMC, Town Secretary Tovm or Lakewood Vi ll age Denton County State of Texas 393  Chapter 3 Section 311 .5 and all other stair requirements R311.5 Construction . R311.5.1 Attachment. Exterior landings, decks, balconies, stairs and similar facilities shall be positively anchored to the primary structure to resist both vertical and lateral forces or shall be designed to be self-supporting. Attachment shall not be accomplished by use of toenails or nails subject to withdrawal. R31 1.6 Hallways. The minimum width of a hallway shall be not less than 3 feet (914 mm). R31 1. 7 Stairways. R311 .7 .1 Width . Stairways sha ll not be less than 36 inches (9 14 mm) in clear width at all points above the permitted handrail height and below the required headroom height. Handrails shall not project more than 4.5 inches (114 mm ) on either side of the stairway and the minimum clear width of the stairway at and below the handrail height, includ ing treads and landings, shall not be less than 31 1'2 inches (787 mm) where a handrail is installed on one side and 27 inches (698 mm) where handrails are provided on both sides. Exception: The width of spiral stairways shall be in accordance with Section R31 1.7.10.1 . R311 .7.2 Headroom . The minimum headroom in all parts of the stairway shall not be less than 6 feet 8 inches (2032 mm) measured vertically from the sloped line adjoining the tread nosing or from the floor surface of the land ing or platform on that portion of the stairway. Exception : Where the nosings of treads at the side of a flight extend under the edge of a floor opening through which the stair passes, the floor opening shall be allowed to project horizontally into the required headroom a maximum of43/4inches (121 mm) . R311 .7.3 Vertical rise. A flight of stairs shall not have a vertical rise larger than 12 feet (3658 mm) between floor levels or landings. R311. 7 .4 Walkline. The wa lkline across winder treads shall be concentric to the curved direction of travel through the turn and located 12 inches (305 mm) from the side where the winders are narrower. The 12-inch (305 mm) dimension shall be measured from the widest point of the clear stair width at the walking surface of the winder. If winders are adjacent within the flight, the point of the widest clear stair width of the adjacent winders shall be used. R311.7.5 Stair treads and risers. Stair treads and risers shall meet the requirem ents of this section . For the purposes of this section all dimensions and dimens ioned surfaces sha ll be exclusive of carpets, rugs or runners. R311.7.5.1 Risers . The maximum riser height shall be 73/4inches (196 mm). The riser shall be measu red vertically between lead ing edges of the adjacent treads. The greatest riser height within any flight of stairs shall not 394 exceed the smallest by more than 3/s inch (9.5 mm). Risers shall be vertical or sloped from the underside of the nosing of the tread above at an angle not more than 30 degrees (0.51 rad) from the vertical. Open risers are permitted provided that the opening between treads does not permit the passage of a 4-inch-diameter (102 mm) sphere. Exception : The opening between adjacent treads is not limited on stairs with a total rise of 30 inches (762 mm) or less. R311 .7.5.2 Treads. The minimum tread depth shall be 10 inches (254 mm). The tread depth shall be measu red horizontally between the vertical planes of the foremost projection of adjacent treads and at a right angle to the tread's leading edge. The g reatest tread depth within any flight of stairs shall not exceed the smallest by more than 3/s inch (9.5 mm). R311.7 .5.2.1 Winder treads. Winder treads shall have a minimum tread depth of 10 inches (254 mm) measured between the vertical planes of the foremost projection of adjacent treads at the intersections with the walkline. Winder treads shall have a minimum tread depth of 6 inches ( 152 mm) at any point within the clear width of the stair. W ithin any flight of stairs. the largest winder tread depth at the walkline shall not exceed the smallest winder tread by more than 3/s inch (9.5 mm) . Consistently shaped winders at the walkline shall be allowed within the same flight of stairs as rectangular treads and do not have to be within 3/s inch (9.5 mm) of the rectangular tread depth. R311 .7.5.3 Nosings. The radius of curvature at the nosing shall be no greater than g/is inch (14 mm). A nosing not less than 3/4 inch ( 19 mm) but not more than 11/4 inches (32 mm) shall be provided on stairways with solid risers. The greatest nosing projection shall not exceed the smallest nosing projection by more than 3/s inch (9.5 mm) between two stories, including the nosing at the level of floors and landings. Beveling of nosings shall not exceed 1/2 inch ( 12.7 mm) . Exception : A nosing is not required where the tread depth is a mini mum of 11 inches (279 mm) . 395 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the fun ction s of my office, that the attached instruments are fo ll. true and correct copies of Section R403. I .6 of Chapter 4 of the 2006 International Residential Code. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Vill age, Denton County, Texas, and are kept in said office. f further certify lhat f am the Town Secretary or the Town of Lakewood Vi llage. that r have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereofJ have hereunto set my hand and affixed the official seal of The Town of Lakewood Vi ll age this 26th day of March, 20 14. LilldCASeJ0RJv1C, Town Secretary Tmvn or Lakewood Village Denton County State of Texas 396  Chapter 4 Section 403.1 .6 Anchor Bolts R403.1.6 Foundation anchorage. Sill plates and walls supported directly on continuous foundations shall be anchored to the foundation in accordance with this section. Wood sole plates at all exterior walls on monolithic slabs, wood sole plates of braced wall panels at building interiors on monolithic slabs and all wood sill plates shall be anchored to the foundation with anchor bolts spaced a maximum of 6 feet (1829 mm) on center. Bolts shall be at least 1/2 inch (12.7 mm) in diameter and shall extend a minimum of 7 inches (178 mm) into concrete or grouted cells of concrete masonry units. A nut and washer shall be tightened on each anchor bolt. There shall be a minimum of two bolts per plate section with one bolt located not more than 12 inches (305 mm) or less than seven bolt diameters from each end of the plate section. Interior bearing wall sole plates on monolithic slab foundation that are not part of a braced wall panel shall be positively anchored with approved fasteners . Sill plates and sole plates shall be protected against decay and termites where required by Sections R317 and R318 . Cold-formed steel framing systems shall be fastened to wood sill plates or anchored directly to the foundation as required in Section R505.3.1 or R603.3.1. Exceptions: 1. Foundation anchorage, spaced as required to provide equivalent anchorage to 1/2-inch-diameter (12.7 mm) anchor bolts. 2. Walls 24 inches (610 mm) total length or shorter connecting offset braced wall panels shall be anchored to the foundation with a minimum of one anchor bolt located in the center third of the plate section and shall be attached to adjacent braced wall panels at corners as shown in item 8 of Table R602 .3(1 ). 3. Connection of walls 12 inches (305 mm) total length or shorter connecting offset braced wall panels to the foundation without anchor bolts shall be permitted. The wall shall be attached to adjacent braced wall panels at corners as shown in item 8 of Table R602 .3(1) . R404.3 Wood sill plates. Wood sill plates shall be a minimum of 2-inch by 4-inch (51 mm by 102 mm) nominal lumber. 397 Sill plate anchorage shall be in accordance with Sections R403.1 .6 and R602.11. 398 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of Section R404 of Chapter 4 of the 2006 lnternational Residential Code. The same appear of record in my office and said documents are the official records from the publ ic office of the Town Secretary of the Town of Lakewood Village. Denton Co unty, Texas. and are kept in said office. I further ce rtify that I am the Town Secretary of tbe Town of Lakewood Vil lage, that I have legal custody of said records, and that I am a law ful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Vi llage thi s 26th day of March, 20 14. Lilldkbell , TRMC. Town Secretary Town of Lakewood Vi llage Denton County State orTexas 399  Chapter 4 SECTION R404 FOUNDATION AND RETAINING WALLS R404.1 Concrete and masonry foundation walls. Concrete foundation walls shall be selected and constructed in accordance with the provisions of Section R404.1.2. Masonry foundation walls shall be selected and constructed in accordance with the provisions of Section R404.1 .1. R404.4 Retaining walls. Retaining walls that are not laterally supported at the top and that retain in excess of 24 inches (610 mm) of unbalanced fill shall be designed to ensure stability against overturning , sliding, excessive foundation pressure and water uplift. Retaining walls shall be designed for a safety factor of 1.5 against lateral sliding and overturning . 400 STA TE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance o r lhe functio ns of my office. that the anached instruments are fu ll. true and coITect copies of Section R602.3.2 of Cha pter 6 of the 2006 Internati onal Residenti al Code. The same appear of reco rd in my office and sa id documen ts are the o ffi cial records from the public office of the Town Secretary o f the Town o f Lakewood V ill age. Denton County. Texas. and are kept in said office. I further certify that I am th e Town Secreta ry o f the Town of Lakewood Vil lage, that I have legal custody of said records. and that I am a law ful possesso r and keeper o f the records in said office. In witness w hereof l have hereunto set my hand and affi xed the official seal of The Town of Lakewood V illage this 26th day of March, 20 14. ~dc£hbeQ Q , 401  Chapter 6 R602.3.2 Top plate. Wood stud wa lls shall be capped wit h a double top plate installed 10 provide overlapping at corners and intersections with beari ng partitions. End joints in top plates shall be offset at least 24 inches (6 10 mm). Joints in plates need not occur over studs. Plates shall be not less than 2-inches (5 1 mm) nominal thickness and have a width at least eq ual 10 the width or the studs. 402 ST ATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) l hereby certify. in the performance of the functions o f my o ffice, that the attached instruments are full , true and correct copies of Section R602. I 0 of Chapter 6 of the 2006 Internati ona l Residential Code. The same appear of reco rd in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village. Denton Coumy. T exas. and are kept in said office. I further certify that 1 am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records. and that I am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village thi s 26th day of March, 20 14. 403 Chapter 6 R602.10 Wall bracing . All exterior walls sha ll be braced in accordance with this section. In addition, interior braced wall lines shall be provided in accordance with S1ection R602 .10.1.1. For buildings in Seismi c Design Categories Do, D, and D2, wa lls shall be constructed in accordance with the additional requirements of Sections R602.10.9, R602.10.11, and R602.11. 404 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance o r the function s of my office, that the attached instruments are full , true and correct copies o f Section R703.7.4 and Section R703.7.4. I of Chapter 7 of the 2006 International Residenti al Code. The same appear or record in my office and said documents are the official records from the public orfice of the Town Secretary of the Town of Lake\vood Village. Denton County, Texas. and are kept in said office. I furth er certify that I am the Town Secretary of the Town o r Lakewood Village, that I have legal custody of said reco rds, and that J am a la wful possesso r and keeper o f the record s in said office. In witness whereo f I have hereunto set my hand and affixed the official seal or The Town o f Lakewood Vi ll age this 26t h day of March, 2014. ~-~l o '-fcldo2ofL ~bell. TRMC, Town Secretary Town of Lakewood Vi llage Denton Coun ty State of Texas 405  Chapter 7 R703.7 .4 Anchorage. Masonry veneer shall be anchored to the supporting wall studs with corrosion-resistant metal ties embedded in mortar or grout and extending into the veneer a minimum of 11h inches (38 mm), with not less than s/a-inch (15.9 mm) mortar or grout cover to outside face. Masonry veneer shall conform to Table R703.7.4. R703.7.4.1 Size and spacing. Veneer ties, if stran d wire , shall not be less in thickness than No. 9 U.S. gage [(0 .148 inch) (4 mm)] wire and shall have a hook embedded in the mortar joint, or if sheet metal, sha ll be not less than No. 22 U.S. gage by [(0.0299 inch) (0.76 mm)] 1/a inch (22 mm) corrugated . Each tie sha ll support support not more than 2.67 square feet (0.25 m2) of wall area and shall be spaced not more than 32 inches (813 mm) on center horizontally and 24 inches (635 mm) on center vertically. 406 ST ATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in th e perfo rmance of the fu nctions of my office, that the attached instruments are full, true and con-eel copies of Section R703.7.6 of Chapter 7 ol'the 2006 International Residenti al Code. The same appear of record in my office and sa id documents are the official record s fro m the public office or the Town Secretary of the Town or Lakewood Village. Den ton County, Texas, and are kept in sai d office. 1 further ce11ify that I am the Town Secretary or the Town o f Lakewood Village. that I have legal custody of said records. and that I am a lawful possessor and keeper of the reco rds in said office. In witness whereof 1 have hereunto set my hand and affixed the official seal of The Town o r Lakewood Vi llage this 26th day of March. 2014. ~r~~~~~Secretary Town or Lakewood Village Denton County State of Texas 407  Chapter 7 R703.7.6 Weepholes. Weepholes shall be provided in the outside wythe of masonry walls at a maximum spacing of 33 inches (838 mm) on center. Weepholes shall not be less than 3/1 s inch (5 mm) in diameter. 408 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) 1 hereby certify, in the performance of the functions of my office, that the attached instruments are full , true and correct copies of Section R 1003.4 of Chapter l 0 o f the 2006 International Residential Code. The same appear of record in my o ffi ce and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County. Texas, and are kept in said office. I further certify that I am the Town Secretary of Lhe Town of Lakewood Vi llage, that l have legal custody of said records, and that I am a lawful possessor and keeper of the records in sa id office. In witness whereof I have hereunto set my hand and affi xed the official seal of The Town of Lakewood Vill age this 26th day of March, 20 14. 409  ... !:>_· , •. CHIMNEYS AND FIREPLACES • . TOP OF CHIMNEY MUST BE AT LEAST~ 2 FT HIGHER THAN PEAK OR HIGHEST PORTION OF RO~ F WITHIN · 3 FT MIN HEIGHT ABOVE ROOF 10 FT HORIZONTALLY. WHERE CHIMNEY PENETRATES. } • ... ~ :.\_ _...,. .; ;;t .?":.. ,_;.) I ·~ ( ":fl :;.~ 1 MIN. 4 JN. SOLID MASONRY • .'5 • :,'.(", : ,• :_;:j' ;f. :~ ~-· • :i; \I MIN 5/a JN. FLUE LINER _ -- -- - METAL CLEANOUT DOOR (OPTlONAL) !I a· n p -~F... ; ": ~ _] U~DISTURBED SOIL OF.LOW FROST LINE · l_j _/ '~)T;..\\\(//, \ ~ -:;-IJ ~_:_6 IN. MIN MIN 12 IN THICK CONCRETE FOUNDATION rr 6 1N. MIN - - For SJ: 1 Inch =25.4 mm, ·1·rocit =304.8 mm. Figure R1003.2 TYPICAL MASONRY CHIMNEY :-·i~ R1003.4 Seismic anchorage. Mnsonry and concrc1e chimneys •!•The prescriptive requirements in this section are lradi-·_::--!:· and foundations in .Seismic Design Category 0 0, b, or D2 shall tional for typical fireplaces and chimneys. More suQ· ; be anchored at each floor, ceiling or roof line more than 6 feet slantial anchorage may be required in areas of high: ( J 829 mm) above grade, ei.::cept where constructed completely seismiclty, for large fireplaces or wh ere the distance' withili the exterior walls. Anchoragi:: shall conform to the between floor and roof diaphragms is large. : requirements in Section Rl003.4. I. R1003.5 Corbeling. M nsonry chimneys shall not be corbel,ec determined by the larges! sum of the areas of the corresponding conductors of each sec. tor. Handing shall apply at cac.b end and to all intcrvcuing 2. Where there are no sen·1ce-enlrullce coudui:tors, the grounding elec- ferrous raceways, boxes. and enclosuri::s bc!tween the service trcxlc rnndudor size sbaU be determined by the equivalent size of the equipment and the grounding electrode. ·n1e bonding jumper largest scl'\•icc-entrnnce conductor required for the load to be !>Cl'\'ed. for a grounding electrode conductor raceway or cable armor "This table also applies to U1c dcrh·ed conductors of sepnrntely dt:· rived uc systems. sha ll be the same size HS, or lnrger lhan, the required enclosed bScc instnllutiou re~lric ti ons in :l50.6 Sent: Wednesday, March 12, 2014 5:01 PM To: 'Ala n Hoffmann' Cc: 'Harry Bizios' Subject: RE: 3950 Spi nnaker Run Pt Attachments: 2014 _03_12_16_29_29.pclf Alan, Attache d is the doc11ment we discussed. This is a letter JJrepared by the Town /\ttorney and directly relates t o your questions. /\s I sta ted In our conversation, the bu ilding permit approval process was delayed because your HVAC contractor postponed regis tration. Regist ration of all subs is a requirement of the permit re lease . The pl ans were approved on 111 February 6 • The permit is ready for release upon receipt of the build ing per mit fee and attenda nce of a ma ndatory pre- 1 construct ion meeting (origina lly scheduled for February 19 1i). /\II pre-construction meetings are sched uled for Spm . Let me know your avallablllty and I will be happy to reschedule th e mee ting with the building inspector. Please review the attached document and let me know if you have any questions. Linda Asbell, THMC Town Secretary 972-294 -5555 (direct) www.lakewoodvillagetx.us Ll~ r EWOOD · ~-VILLAGE From: Alan Hoffmann (mailto:alan@alaohoffmanocompaoy.com] Sent: Wednesday, March 12, 2014 3:47 PM To: Linda Asbell Cc: Harry Bizios Subject: Re: 3950 Spinaker Run Pt Linda, First of all. The building inspector never approved the plans. After th e lengthy wait of your permit process, I began to do some legal research with regard Lakewood Village's ability to review plans. My client and I believe you have misrepresented your authority to the ETJ residents and it is my understanding and the property owner's understanding that you have no right to review plans, collect fees, inspect or visit construction sites in your ETJ. So I will be sending a courier tomorrow to pickup all plans and engineering with respect to this project and any entrance by your ci ty's representatives, inspectors and or employees will be considered ;111 act of trespassing. 432  MESSER, CAMPBELL & BRADY I\ lJM1 If [} LrA!JH 11 '>'I 'AflflffW)l/IP ATfORNEY!::J 6351 PRESTON r~OAD. Stun~ 3fi(l FRISCO, TtrXA.S ./003'1 972.424. /:. City PLICA Tl ON fOR DEVELOPMENT PERMIT (ADP) (02/10) JAN 2 2 2014 Denton Couury Flood Damage Pre vention Ord inance Planning Department, Denton County, Texas PART A-APPLICANT INFOR~ RESIDENTIAL PERl\'llT Cl COMMERCIAL PERMIT FirstName: ~ ~ Last Name: , v~ ,. . Addrc~: "ZS~~ JC, . J.11~.-,(/ C ity. State. Zip: ~ 1 , 1,,$~ PART B - PROPERTY IN~ORMATTON OCAD·R' #; I q: d- l:,5 J Lnnd Area (Acres): Own er's First Nnmc: Owner's Address: Owner's Last Naml!: - - - - - - - - - - - - - - - Owner ·~ C'. ty, S tate , Zip: DI:" Prof>'Sc.iis~ort, of n S~dlvision: t -or- 0 P r operty is part of s n Abstrac t: Nam.: C• Sc.. lSs 'j @ ~ lt-t kc.vlsv; J f~ Number· ----------------~ Name : Phas<" - - - . - - - - - - - - - - - -- - - -- Dluc~: ==i::::~~~~~~~~~~~~~ OC AO Tra gr~atcr :1oods can and wi ll occur anti fl ood hei gh t~ may be inc1caseJ by mun-made or natunil causes. l.c:s um1~e ·)fa Developmenl l'c::nnit in :tct:ordancc w ith the !J~nto n C11umy Fiood Darnag;: Prcvcn:il)n UrJ1nitnci.' does not imply thut developmer:t outsith: the ttr::.1~ l•f ,µi;c.id fl cut! h:uard w11! b~ !rec frum tloodinJ nr llo11d damagc. ls5u.m.:t: uf a ~:m il shall not create li'.lbi lity on th~ part of Denton Count} or o1.ny o ffi ce~ or ~mp loyee u f Denton Lollnty in L1~ n nf i 111pro «~mcnt s shou!:l not be comm cnc~d a! tile ~\Jove locntion 1mt1 l the 0\\TIL!r/Applicnnl is in compliuncc with ull uppli cubl~ n:g1..l<1t!on> rt:i.wrcti ng 1:011dplain management, suhdivisior. pl ~!ll ing, au.I N<: ini,; '.br the govcmrncnl of Oeruon County. This pcrrni: docs n(J! wai ,·e tin) other r"stric:ions or r.:gulat.ou~ imFoseu pri vatdy ur tiy Jaw ,.\pplkant vcrifk ; that st:~r:i:: h3s sigm:d this apphi.::11i.i11 111 :he .:apud t; dc:sigra:.:d. i f any, amt further wesL~ that shc1'he bas rei!d th1> document. uni.I thtil the .>l;\le mcn t contained h~re in arnl a11y a1 1ach111~n ls ore tru~ . accurate unll fa crua l. Viola tion ay r esult in Applicant being pros~cutcd unu~r Tu as P~na l Cod , ' ...,, fl.. <.P "./ - -- \ ' ' 09: "'('It. ~ p· --- PllOPOSEDRESIDENCl' ', \ "' . ~.. ~ v ~ :·~i Z \c) : , 3960 Spinnaker Rua Pointe \ Lot 84 ",:.,>~, ~~ ~ ~ :::: f •••••••lfl·mO' \ Block I '-, -~ ~ 0:: lt.) I I .., ~. ~ 1 I : l09,0i2 sq. ft. -"~~ ')O·,,,. ~ 0:: ~ r' Zone "X" - _ _,' 2.50 acres ' ~' · a-a; ~ E:J ~ / (Unshaded) / - - ---- - - ? - --/ " ' \ '. 522 . < ~I I ( Zon e ftAE" p' 537 Linc u ' , Oe• ·~• Z ~t= f-' t--4=-~~~ - \- __ __ _ _ __ _ _ _ Locat~ Field _ _ - ~:,kof _ ~ Z r 1.R. Q'!!!r°:'-~----~----. :i:----------------------------- E - ' l - --N ..!.a:.~~ c.o N 38°.., J'36" w 491 89' --~ F l.R fl.. ' I ~,ltt .34°54'1 l" W 295. -77'-- - - - ' van Su ' vision k . Y.l ! 5 \ / oundvy Lake Le~~lfc·Resorvoir Lot 85 I I s I I \ Du=; 02111114 l\.SC 1\"Ct. PLOT rLAN rRO PEHTY OESCRIJ'TION· Lot 84. [)loci: 1 uf Sunrise Bay at Lake Lcwmillc. an oddiboo lO lhc Town of Little Elm. ,-""""' -.--c-..,-_-,_ --.._ ---.J-,.-_- ,_, -.., -,~ -,- ... ,,-.- _, --,,-. -,.,,.-.-....J Denton County. Tu;is. =nlmi; to lhc Pl:u thcrmfnx:onlcd ..!.. rthur Surveying Co, I , ., P - . r lA:ml _.....,,..... ~;,.~~~~~1 ~·i:=~·~~-= in U hinet L. P~gc 224, Plat Record\ nf Ucntoo Cnunty. Texas. L!WCM1U ~-m. - ~ - lfmxi f ..-1 - O<. - t~,..-j )J.UF.lirnSt.,MlM f.rwt.nillc, TX1~1 F"U)001'H)T'J• kio•"'"-"..... ""' .. '""""'"'._,._....,,,.. .. ~~ .. Ml 97?.211 ,.. u 100,-fh~l m~~--l!rltt-.....i~~AW'C'fl\ot.:S TFJ.N',IOO'll1'00 ..._._ .._, c:-,.,..~ 44J1,,0-. l 'G.--~C.:dll:Sl'A.P'\I 1 , 3 1 1. .._~.--wG.Z-. T i\.~1-.•J..r -- 470  ·; .I.' . ..:l.? ,l f" " . : ' ' .. ,. ~ I ': / ."I 1 1 , 1\• /;, .#! • ,~ I ..f ' I I : ~I i I . 0 II ·. I~ I· ., .1··.. I . ~ I~ ; ., "·: . ' •. , / I I / ) / ,_ AI11\l~ HOFF1\'1Al\1N CO!.\IPA..~Y PH D - ~ _.. .,,~ -:z - :£: ')- ~ >: :cl ;?'l -:; BfZIOS TIESIDENCE J'W'i l\UiKI Hmm l)Jo ~<; I G:-1 {'.;) ,:;.;;; ;] c.i.;i Y. Y. II\ 1.\1\.'t'l~\AI• ~ p 3!J()O s1>1NNA1illn lU.:~ POJ~'J'l~ HD ·•111>\"f':. ' """" ....._ l"'...);.•~ . i'Ntlt'lll ~ 471  DENTON COUNTY NOTICE OF RESIDENTIAL CONSTRUCTION ;t.ot y o /¢-3 IN UNINCORPORATED AREA Perinit # BUILDER/CONTRACTOR INFORMATJON. COMPANY NAME: J !M AHJJ ~.f~ Gt~ ~.Cf:Jk /µ_£-.- ·~=1~~~1S TUNG ADDRESS (IF DIFFERENT): PHONE ~ER: tfo!i.;>?f.. ootif{ ------.-----------~ SURVEY: TRACT: z PLANNED DATE TO BEGIN CONS'IRUCTION: ->t. .W .~-·~_;;J,~~....ttt--;k>-..-·-1.,,= 1 ._ ======================- RESIDENTIAL CODE TO BE USED IN CONSTRUCTION: (CHECK ONE) K lINTERNATIONAL RESIDENTIAL CODE - p ublished May I, 2008 [ 1 INTERNATIONAL RESIDENTIAL CODE - applicable in Denton A 472  \: · ·. CP1.·..,~ .;C1; '?U :. .- • • .. . ,- ,. ' •., ~ ~ .. P..£9.....2:!.!..;s N PQ 1~7~ R 0 .4t;J r. ,• ,· ; I - ~ iI =1: ; 1111 .. ,, .. , ·- . ...... ..-... . .... !; . • • iiu.,n .... , . · " - •, J I ..., ' • L u t l ,_-,, • I _J ... (,. I J I u l l ...,I .. I :: 0 .-. I """ . .. '· ( .- I n I I '.L I u • ,. -r- }_- _ -"----f(j L I} 11 ,,.. !: u ·' . ; I~ ,,~ [ fl / ,, I' I I ~ "'-._ o / I. - u .~ ;,, ffi>'.:-{, ~I I > I I ' > I :!:: '-"' AL.AN IIOFil1\'Li\_'\1N C0::\1F1L~' BIZIOS RESIDENCE PHO g> 00 t;J -;z ..,_ w "'C !,;:' :.< PES!iUSKl 1'.10'.IIE Uh.'5lGN ~ ~ f)A l.J.-\i,'I'~S ~ ~ "' p 3~)50 SPl NAKER HUN POll\1TE BD l'ffUtil?'(t lD)ClltMai P A.l.(t'f) r":f . . c.a:i 473  R1Cl956 Little El 0 Little El SPINNAKER BAY POINT This product is for infonnatlona I purposes and rre y not have be en prepa red for or be surtable for legal, engineering, or surveymg N purposes. It does not represeni an on-11111-iJrou nd 6Urvey and repreaenlS only the approximate 0 115 230 460 relatr.e location of property boundaries ~~~~iiiiiiiiiiiiiiiiiil~~~~~~Feet Oenbn County does not guarantee the correclness or a a:uracy of any features on 1his product and http ://gis. den toncou nty.com assumes no responsibility m connection lherewfltl .,,.· .--:•.;_ ; : ., '" )'..•1 j, ·~ - : This product may be revise d a t any lime without nofificstion t> any user. 474 I  OH '..il.l.NJO lr===i'l~ r=l J,l!illll:O/JIJ:,-fli ~ : c:- ::i -~,,,''; 476  ....... ""9 • ' U&l ~' _..,..0 • •1 > ~ 1 d au ~ .r.." lOcl K.l IJ U~DTV~IdS OQ6£ ;..:; ...... S~J.°'\"TlVD < - &: ~ ~ :L x 1\;0lS!IO :!H\'.OH .ffi'i.UI~ti Cfl.JNITIGISCtl:H 80IZ1U ~ ~ ~ CQI i:- = ..... OHd _\ITT'dli\TOJ ~v·l\IiW:OH NVrIV 'iii < 1llUlllll • t ·! t I ~ • It ~ ·I~ I I J --~ i I -+ •• I ' 1. I _I • I I I ~ . I I ," ~ ~ ~ I ~ I '· l _ =--n.) ~ . I ' I ,;L I . . j I I j 11, ... - .. l .. _i . ,I .. ' ' • / - .. . ~ 477  ...,, ..... tUO "-:.Al~ "(V.I ¥1$.-.0C•• • uon 1.1 ({U :•f,L\ l Od X.1U lill)J V~lcf~ O~Hf: 0 / :,: .... 'J\ T,;tJ,"YIT'llf ;:: ~ ~ ~ X O! S~U :!IJ\'.011 IYl~. J'l'>:•M '- 80l'ZJH ~;)KMH T 8~IH ~ - :::; ,....... I ~ ('- ~ ~ 0 a Hd ANVdf\10.J ~Vl\11.rldOlI NY'1Y :r. < 1IUIUIU u ~ ' . • e ... ........ I Ii,._~· ··. ......_-,~--~ .I• ----a_ I I I I ..-····· ....... l.. .-·f' ...............·. ·-··--.... "j i ....·· .' ! ••.•• _! I "l 478  l'l .\N'" 'i' 1;14 ,• 11.\TI. : :. ":. II 10081;) r - -- •I '•~---..• ~ NOTF.S (.'.;) I r;tJ\.'r'lY ~·.n,.. •\ll .:tl,..'1 ui.Al''f f , , ,l•l•l 'tt;Al ..... ( .• . ..... 1....111'' .. ;,.r:t,~ ,:-.,..,.c jUi'l,;.t :\•,.;~·It j ... , '·~ .-fpy..,,.,..., ~ ..... c~-. ..~.,\,,.:. • ._ !Sc. - .. C-""":.. ;."n'"' ,._ ., "' I 10 Ht Ll'f, ·/ 1 '"'- '!,:ftJ.U . ~{ \..'U •~~.A ..... ~ ~"c _...t::1•c""''-~ ...i: 0 .i ~ < .::rf+ Jl1"11...C~OGt:S "h!::~O:? \ Y••t·"'' ~l~l.t:.riHJ~ +l(">1;u(vA'1•)h•'\'I 1,I "! ~ ~ ~E.-~ l .'"'"-!.lot. i.; '•\I' 1.11fv> \OC· it.).~ •LC~O Lr.'• .all(t. 7'1~"'..l ;;.... CH 'l I Q ,_ . .. ,t...t f • llii 1C['J • 'Jt' ••·;,.->l",,'tli 1,•o,y.,,._.A P[ 0'?;..:.c;.;..:;.c1. ,. •3t.AAU V.- 1,,.1 ., ,~,_,... :t.M •r".,.•1,.~ I'•~ .. •'" '' •4'>r.JR.IJ 4'1.Lt : ..1' ~~ 1~· m..~· ..; ,,.,, 0. s...::2 ! - ~ ...... ..~ ...r~·.(ifl, cio1 • ,.,.., ,,...._.r.: CtT : .1tall F~l!> 3 6 ~ z /. SECOND F L OUR A I C I 3b.,, - LO f l 229 <.._;...,. ~ ~ I' ~ TOTAL LIVING 7 134 ·~ Q - - -.· ·-·..!-.. ~ ·I . __:o • G A RAGE:S ~"°' M z;::i 2 C ARS 61B Zoo "'. 2 CARS 61B p:; S H OI"' 221 j~ ~ P OR CHES ,..-; p;:j """' El.J TRY - GATE 175 FNTRY - FRONT UUOR 123 '. PRIVATF BO:> oIT( 2~ Y: GARAGES/ PORCHES 2 6 13 ~ H ~ rf) T OTAL UNDER ROOF 9947 - - ...:1 z r=a - 0 ! :':) <.... C:> -:Y::I PLAN - < OVEllVlE'V -i ll EJ•:r St:A LE: :l~l::!" I' SECO'.\l> VLOOH A- 1 479  • DENTON COUNTY CULVERT/DRIVE PERMIT APPLICATION Landowner: /J-0~ (b_,rz~ o~ Phone: Mailing Address: 7 3 ?. ~ ~ CiS ~ ...... ~ 3)9 / 95l Jx Street Cit y State Zip Contact/Installer Name: _ _ _ _ _ _ _ _ __ Phone: Road Name: _ _ _ _ _ _ _ _ _ __ R# l g;J, l.o 59' Location Description:_ _ _ _ _ __ _ _ __ _ _ _ _ _ _ _ _ _ __ Will a septic system be installed on the property? _lo'.;_ ) o_ _ __ Is there an existing septic system? 'jc ( (This will be verified by the inspector.) For Official Use Only ..., __.-- Perm it Fee: $15.00 paid by: Check# () 4 3 ':! or Cash L..!:r Receipt# 37 oo I Development Permit# _ _ _ _ _ _ _ _ _ _ _ _ _ RB West RBEast.;L_ It is understood that this is not a permit and is only an application for a permit once the following requirements and conditions have been met. This application expires after 60 days. A COPY OF THIS DOCUMENT MUST BE POSTED ON SITE ocument and the culvert process instructions. Applicant Signature: Wllol-J-J.1'JJ...-.Ji~rWH'+--:.,..L..---·Printed: Jt ~ ~~J Date: I ) J. :;l-f I Lf For Inspector Use Only Pre~insp: _ __ _ _ Staked: _ _ __ _ _ Grade insp: - - - - - - - Form insp: Final insp: Free lnsp: _ _ __ _ __ Notes: -------------------------~ 480  ..... ID ~ ($! lS) N c=::Gi( <£!!!!!!(" o. '.l.J <[ ~ u (f') 481  -7_./ / - ' ,--R 182664 / I nus product is forinfonnotionel purposes and ITIEIY not have been prepared for or be suiteb4e for legal , engineering, or survoylng N purposos. It does not represent en on-thoiJround aurvey end repmsenta only tho appro ximate 0 80 160 relative location of properly boundaries. Donbn County does not guaran111e the correctness or ocx:uracy of any features on this product and http://gis.dentoncounty.com asaumes no re"Ponsibility In ex>nnection therewith. This product may be revised a t any time without notification ti any user. 482 I  '20 1 t1- () 12 3 U.S. OEPAF<.TMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEl~ENT AGENCY ELEVATION CERTIFICATE OMS No. 1660-0008 National Flood fnsurcmcc Program Important: Read the instructions on pages 1-9. Expiration Date: July 31, 2015 SECTION A - PROPERTY INFORMATION FOR i~JSU_RANCE COMPANY USE /\ I Building Owner':; Name Policy Nurnoer: A2.. Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Ccmpany NAIC N umbe r: 3960 Spinnaker Run Point - -- City Little Elm Stale TX ZIP Code 75066 A3. Properly Description (Lot and Block Numbers, Tax Parcel Number, Legal Description, etc.) Lol 84. Block 1 of Sunrise Bay at Lake Lewisville - Tax Parcel Number 18265_9_ _ __ A4. Building Use (e.g., Residential, Non-Residential, Addition . Accessory, etc.) Residential AS. Latitude/Longitude: Lat. 33. 14809 Long. 96.96500 Horizontal Datum: 0 NAO 1927 0 NAO 1983 A6. Attach at least 2 photographs of lhe building if the Certificate Is being used lo obtain Rood insurance. A7. Building Diagram Number 1B A8. For a building with a crawlspace or enclosure(s): A9. For a building with an attached garage: a) Square footage of crawlspace or enclosure(s) n/a sq ft a) Square footage of attached garage nla sq ft b) Number of permanent flood openings In the crawlspace b) Number of pemianent flood openings In the attached garage or enclosure(s) within 1.0 foot above adjacent grade nfa within 1.0 foot above adjacent grade nfa c) T otal net area otnood openings in A8.b n/a sq in c) Total net area of flood openings in A9. b nfa sq in d) Engineered flood openings? O Yes l8l No d) Engineered nood openings? 0 Yes 181 No SECTION B- FLOOD INSURANCE RATE MAP (FIRM) INFORMATION r 81. NFIP Community Name & Community Number Denton County- 480n4 I B2. County Name Denton I ~.State 84. Map/Panel Number B5. Suffix B6. FIRM Index Date 87. FIRM Panel 88. Flood 89. Base Flood E levation(s) (Zone I 48121C0415 I G 4-1 8-2011 Effective/Revised Dale 4-1 8-2011 810. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth e ntered in Item B9. Zone(s} AE AO, use base flood depth) 537 0 FIS Profile !81 FIRM 0 Community Detemiined 0 Other/Source: _ _ B 11 . Indicate e levation datum used for BFE in Item B9: 0 NGVD 1929NAVO 1988 181 0 Other!Source: _ _ 812. Is the building located in a Coastal Banier Resources System (CBRS) area or Otherwise Protected A rea (OPA)? 0 Yes l8l No Designation Date: _ _ 0 CBRS 0 OPA SECTION C- BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) C1 . Building elevations are based on: !81 Construction Drawings• 0 Building Under Construction• 0 Finished Construction •A new Elevation Certificate will be required when construction of the building is complete. C2. Elevations - Zones A 1-A30, AE, AH, A (with BF E), VE, V1-V30, V (w ith BFE), AR, AR/A, ARJAE, ARIA 1-A30, AR/AH, AR/AO. Complete Items C2.a--h below according to the building diagram specified in Item A7. In Puerto Rico only. e nter m eters. Benchmark Utilized: Vertical Datum: Indicate elevation datum used for the elevations in items a) lhrough h) below. 0 NGVD 192& 0 NAVO 1988 D Other/Source: Datum used for building e levations must be the same as that used for the BFE. Check the measuremen t used . a) Top cf bottom floor (including basement, crawlspace, or enclosure floor) 539.00 0 feet 0 meters b) Top of the next higher floor 0 feet 0 meters c) Bottom of the lowest r.orizontal structural member 01 Zones only) 0 feet 0 meters d) Attached garage (top of slab) 0 feet 0 meters e) Lowest elevation of machinery or equipment servicing the b uilding 0 feel 0 meters (Describe type of equipment and location in Comments) f) Lowest adjacent (finished) grade next to building (LAG) Ofeet 0 meters g) Highest adjacent (finished} grade next to building (HAG) 0feet 0 m eters h) Lowest adjacent grade at lowest elevation of deck or stairs. incluaing structura l support Ofeet 0 meters SECTION D- SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor, engineer. or architect authorized by law to certify e levation information. I certify the/ the infonnation on this Certificate represents my best efforts to interpret the data available. I understand that any false statement may be punishable by fine or imprisonment under 18 U.S. Code, Section 1001. 0 Check here if comm ents are provided on back of form. Were latitude and longitude in Section A provided by a 0 Check here if attachments. licensed land surveyor? 0 Yes 181 No Certifier's Name Do uglas L. Arthur License Number 4357 Title RPLS Company Name Arthur Surveying Company State TX ZIP Code 75067 2/20/2014 Telephone 972-221-9439 See reverse side for continuatio n . Replaces a ll previous editions. 483 ELEVATION CERTIFICATE • page 2 IMPORTANT: In these spaces, copy the corresponding information from Section A. FOR INSURANCE COMPANY USE Building Street Address (including Apt, Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Policy Number. 3960 Spinnaker Run Point City Little Elm State TX ZIP Code 75068 Company NAIC Number: SECTION D - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION (CONTINUED) Copy both sides of this Elevation Certificate for (1) community official, (2} insurance agent/company, and (3) building owner. Comments Signature For Zones AO and A (without BFE), complete Items E1-ES. If the Certificate is intenoed to support a LOMA or LOMR-F request. complete Sections A, B. and c. For Items E1--E4, use natural grade, If available. Check the measurement used. In Puerto Rico only, enter meters. E1. Provide elevation information for the followlng and check the appropriate boxes to show whether the elevation is above or below the highest adjacent grade (HAG) and the lowest adjacent grade (LAG). a) Top of bottom floor (including basement. crawlspace, or enclosure) is _ _._ _ 0 feel 0 meters 0 above or 0 below the HAG. b) Top of bottom floor (Including basement. crawlspace, or enclosure) is _ _ . _ _ 0 feet D meters O above or D below the LAG. E2. For Building Diagrams 6-9 with permanent flood openings provided in Section A Items 8 and/or 9 (see pages 8-9 of Instructions), the next higher floor (elevation C2.b in the diagrams) of the building is - - · - - 0 feet 0 meters 0 above or 0 below the HAG. E3. Attached garage (top of slab) is - -·- - 0 feet 0 meters 0 above or 0 below the HAG. E4. Top of platform of machinery and/or equipment servicing the building is - - · - - O feet 0 meters 0 above or D below the HAG. ES. Zone AO only: If no nood depth number is available. is the top of the bottom floor elevated in accordance with the community's floodpla!n management ordinance? 0 Yes 0 No 0 Unkr.own. The local official must certify this Information in Section G. SECTION F- PROPERTY OWNER {OR OWNER'S REPRESENTATIVE) CERTIFICATION The property owner or owner's authorized representative who completes Sections A, B, and E for Zone A (without a FEMA-issued or comm unity-issued BFE) or Zone AO must sign here. The statements in Sections A, B, and E are correct to the best or my knowledge. Property Owner's or Owner's Authorized Representative's Name Address City State ZIP Code Signature Date Te lephone Comments SECTION G- COMMUNITY INFORMATION {OPTIONAL) c The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete Sections A, B, (or E). and G of this Elevation Certificate. Complete the applicable item(s) and sign below. Check the measurement used in Items G8-G10. !n Puerto Rico only, enter meters. G1 0 The information in Section C was taken from other documentation that has been signed and sealed by a licensed surveyor, engineer, or architect who is authorized by law to certify elevation information. (Indicate the source and date of the elevation data in the Comments area below.) G2. 0 A community official completed Section E for a building located in Zone A (without a FEMA-issued or community-issued BFE) or Zone AO. G3. D The following information (Items G4-G10) is provided for community floodplain management purposes. G4. Permit Number GS. Date Permit Issued GS. Date Certificate Of Comp!iance!Occupancy Issued G7. This permit has been issued for. 0 New Construction 0 Substantial Improvement GB. Elevation of as-built lowest floor (including basement) of the building: _ _ . __ O feet 0 meters Datum G9. BFE or (in Zone AO) depth of flooding at the building site: - - ·- - O feet D meters Datum G10. Community's design flood elevation: D feet 0 meters Datum Local Official's Neme Title Community Name Telephone Signature Date Comments FEMA Form 086-0-33 (7/12) Replaces all previous editions. 484  ELEVATION CERTIFICATE, page 3 Building Photographs See Instructions for Item A6 IMPORTANT: In these spaces, copy the corresponding lnfonnation from Section A. FOR INSURANCE COMPANY USE Building Street Address (fncludlng Apt., Unit, Suite, and/or Bldg. No.) or P.O. Roule and Box No. Polley l'·fomber. City State Z IP Code c ·ompany NAfC Number. If using the Elevation Certificate to obtain NFIP flood insurance, affix at least 2 building photographs below according to the instructions for Item A6. Identify all photographs with date taken; "Front View" and "Rear View"; and, if required, "Right Side View" and "Left Side View." When applicable, photographs must show the foundation with representative examples of the Rood openings or vents. as indicated in Section AB . If submitting more photographs than will fit on this page, use the Continuation Page. FEMA Form 086-0-33 (7/12) Replaces all previous editions. 485  20140123 nus produd is for 1nlonna11onal purposes and may not h avo be en pre pa red for or be suitable lor legal. engine enng, o r surveying purposes It does not represent an on-the-ground survey and represents only the approlllmate 0 95 190 300 relative location of propeny boundanes Techriology ~~~~iiiiiiiiiiiiiiiiiiiiiiiiil~~~~~~~ reet Denl:>n County does not gusranl!!e the correc01ess or accuracy of any features on lhls produd and -:-er v 1 c es http ://gis .dentoncounty.com assumes n o respons ibility in oonneclion lherL'With. This produd may be revised at any time wnhout notificat10n I:> any usor 486  MAP SCALE 1" =1000' 0 1000 ' I PANEL0415G + I E>N0334 FLOOD INSURANCE RATE MAP DENTON COUNTY, LANE TEXAS AND lNCORPORATED AREAS (SEE MAP INDEX FOR FIRM PANEL LAYOUT) ,I ~ fl!.!lfl. .sJlf& 0 L_ ucm c c G ...,,,.,.., ..... ,. DENTON C0 UNTY 1 '8l53'J .... 4111,., °'" 1M1S G " UNINCORPORA'FED A'REAS 480774 -~---- Ua.or. The Mmp Nc.nbet 6hown below "'Shoulel °""" toDe UOl>d Wiien pladng map orelera; 111& community Number slloWn llDClVO ahOuid be uaed on inllUll!noe app!ica!Jono fer the !IUl>ject rommunrty. MAP NUMBER 48121C0415G MAP REVISED APRIL 18, 2011 Thi• i. an clllcoal COP\! col a portion of tne ab-Uroo. Th• map don not 1oee<:t ch:>n""" ot amendrnennt -wntch may ha..o ooon m11do sucsoqucnt to tne d3re on tha tiHe t.1ock. For tho latost product lnfonna1Jon about National Flood ln&uranco P rogram eood mape c l>ock tl>o FEMA Flood Map St ore rrt www moc.tomo.gov 487 Denton Central Appraisal District - PropcrtyDe tails Pagel of 3 Propert y De tails for account 182659 Tax Information The Denton Centr al Appraisal District is not responsible for the assessment or collecti on of taxes for this or any other property . If you have a question regarding your tax bill please contact the Dent on County Ta x Assessor / Co llector. General Information Property ID 182659 GEiograliI·c;·..·:ro···-··--···. ··-····-···-··················--···········--··-···-·····---····-··-··5Noio4..i:=-ciofo oi - oO"ffa·=·oO"BT-=cio·a·o i:ega1-00-;~;i-pt·i-;;ri-· ---······-··· -··-··-···· . ····--5·ur::·i:T5·;;···-aa.y--,i;:~·r:·a·k"e--£-ei~i5-Vi:. ie····Ei:i<···"l-·L:;;-i::··-s4 ~:~€~:~~::~~~:~~:~~:::::::::::::::::::::::::::~:::::::::::::~::::::::::::::::~::::::::::::::::::::: ::::::::::}:?.:~:~::::~:P.~:~:~~:~~::~::::~:~:~:::::~~:~f~::: f~:?.§~~~:~:~~~~: Prooertv Tvne Real Ne i~h"b;;"h~~d.--··-·-· ..···---·····-····-····-···---··--··-·-··-··----····--··-·-··-·-··-·-··-··----·-···------..-oc13 o·r2'L: -·-··-·-··---·-----·-·····-----····-·-·-·--··--st:·i11:·;_··~ie sa y-···.n:"t-ra. ke· Lewisv i E e···T.lai9·t:~~;"t/s-;;t;d"i~I-;:;:·;;;;-···-·--· ......... .......- ....·-······-······-··-·-····-····--··-·-···-·- ····-············--··-..··-·····-..-·-·····-·s'N-oT0"4-:-D: ==~==~==-~-=::::=~=~::=::=:::==::~=::~:::~=::~=:~~~=:::=:-...:::::::~-:==:::=:~t;"~-;-q;ertie·5·2·n-·s~ioToliP: Vi e w P l at --····----OOO. . O_O ___...,_. . OOOOo--. 0 - 00 0 0 0 _ 0 _ 0 o 0 - 0 - 0 0 0 _ _ _0 0 0 - - 0 0 0000 - 0 0 0 - 0 0 0 o• - 0 . . 000 - 0 0 0 _ 0 _ 0 00•0 - • o0•• - Ho+. . o•oo• O O - O H - • • O H _ . ._ . ,• • • ~• •- • • •_ ,. . . _ _ _, , , , . Owner ID 621 2 97 0;;;;~~-N;;;;~-····-··-···-····----·---------·-····-···-··-···-···--·----··-··----r::;;r;g l ey I KeTi;;··9 ~~~~~n ~=?.~~~:~~§::~R~::=::::=:::~=:=~::~::::::=~~~::~::~:=:-..::::~::=-~==::=::::::::::=:-_~::=::=-.::::=::::::::~=::::::::=:::~-::::::::::~_=:-=\~o-~ ~i l~-r:!.[_~dd.~_::i..~..--···-······---··-··-······--·---··--·--···-·--··------·-----±:.~~-~-- vi ~r:.~.Y..~ l ..~.'?l ..P..E Dal las, TX 75 287-4 0 19 T.:~~:~~:~~:~~~~:~~:~~~:~~:~:~:::::::::::::::=:::::::::::::::::::::::::::::::::::::::.:::::::::::::=::::::::::::.::::::=::::::::::::::::::=~::::::::::::~9:~::::I~:~:~Y0.:6.::::~:?.:~:~:~:Y.T 5 10 (Li t t l e Elm I s d l ~~~.?..~P...t:..~.~::~----··=::::::::=:::::::::::~::=::=:::::=:===:::::::::=::::::::::::=::::==:====~.::::::::::::~:=::=~-::::~-:::==~~=::::~~=::::.~Zf ~iew M<:E...·-·-··---···········--··- -···· ..-··---··-···- ··--··-·--·····----··-·"·-····--·-"···-------· Den t o n CAD GI S 2012 Es t imated Taxes Tax Rate Per Taxable Calculated Tax Ceiling Entity Name $100 Value 1 Taxes I Amo unt Jc:iton Co un ty 0 . 2 82 8&7% $47 4 ,'130 . 00 $ 1,342 . 0 J NIA L~t tle ELM L. 54% sor, , 43 0 . oo $7 , 306 . 22 ~I I !>. Estimated Total $8,6 ~ 8 . 23 Taxe s DO NOT PA'! TAXES B.ll.SED ON THESE ES T I MATED TAXES . You 1,.;ill re cei ve an of:i:::.:..:i.:. t3x b il l f r om t'.'-1e 3;:..;pr.<..p:-iace age:icy wi.•?n tney ace prepaceri . ~ axes are co ll ecced b y t he a,e~cy sending you t he o f: ic i a l ta x b i ll . To see a l i s tin :;i o f aqencie:s t h at co_ l ec:t taxes f or you r· pro p ert y, click here 488I.+ http://www.dentoncad.com/index.php?option=com _ contenl&lask=view&id= l 00& Year=20 l 2&Propetty... l /22/20  LE_OG_C_ E-465E _DACW63-9-14-0533_012S2014 U.S. Army, Corps of Engineers ATIN: CESWF-RE-M P. 0. Box 17300 Fort Worth, TX 76102-0300 January 28, 2014 Mr. Harry Bizios 3960 Spinnaker Run Point little Elm. Texas 75068 Dear Mr. Bizios Enclosed are two fully executed copies of Consent OACW63-9-14-0533 for your records. Per condition 10 of your consent a copy must be filed at the county of record under the referenced tract number. Once recorded a copy must be provided to us so that we will know the consent is officially on record. You have 90-days to provide us with proof of recording or your consent may be terminated. If you have any questions related to your rights or responsibilities as provided for in the consent, please contact Mrs. Vicki Akers at 817-886-1114. . \ \ '"--''-" ~ -.. l-, '- I Joanme Mu rp~ _: ·' \ Realty Specialist Fort Worth District Enclosures 489  LE_OG_CN_E-465E_DACW63-9-14·0533_0 1272014 Consent No. DACW63-9-14-0S33 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FORT WORTH DISTRICT Project: Lewisville Lake, Texas Tract No. E-465E WHEREAS, the United States has acquired a perpetual flowage easement over Tract No. E-465E, Lewisville Lake, Texas, recorded in Deed Records, volume 463, pp. 444, of Denton County, Texas. WHEREAS, said easement grants to the United States the right of prior approval for any structure to be located within the easement area, which area is under the administrative contro l of the Fort Worth District, Corps of Engineers. WHEREAS, the United States has been requested to grant approval for a riprap retaining wall to be placed on the above-identified tract. NOW THEREFORE, the United States hereby gives consent to Mr. Harry Bizios to place a riprap retaining wall at the location shown on Exhibits A Jt.Dd B. PROVIDED HOWEVER, that this consent is subject to the following conditions: I. All activities conducted on the premises shall comply with all applicable Federal, state. county and municipal laws, ordinances and regulations wherein the premises arc located 2. lhe giving of this consent does not in any way subordinate the United States· prior easement rights. The United States shall in no case be liable for any damage or injury to the structures herein consented to, which may be caused by any action of the Un ited States under its easement. or that may resu lt from future operations undertaken by the United States. and no claim or right to compensation shall accrue rrom such exercise of the l ln11t:d States' elliiement rights. 3. J he United States shal l not be rcsponsiblt! for damuge!l to property l>r inJurlt:~ to pc:r!.011s '"luch may arise from nr he incident to the exen.:ist of the consented acti ... it:y ti I his 1nstrumcm is c:flccllvl' uni) msolllr ~ the ngh1 s ol the L n11eJ St3tt!> 111 the premises are concerned ; and the consenlce sha ll ohta1n -;uch pcrmissi0n us mn) be requ1rcLI on uccounl o f an~ other existing rights ll is undcr!\toud thl:it this cunsent docs not eliminate the nel:cssity for obtaining any Department of the Anny permit which ma:• he rt!quired pursuant t1• the prm i s1nns of Sc::i.:tion I 0 ut' Lhc R i vcrs and I larbtirs Act of) Man.:h I 899 (30 !->tttl I I :' l : .1' 490  LE_OG_CN_ E-465E_DACW63-9-14-0533_0 1272014 Consent, R- Rap Retaining Wall, Tract E 465 E 3960 Spinnaker Run Point , Little Elm, TX 75068 ~,·~- t ;., ~~,, ~·~~"'; ,, ',~ .-. ' '. ~· ·\~ \ . ~ I I i;' - ., . ·~;! ~~, ., •' 130 fl -- r ' 65 e ..' r 0 ., d Lewisville Lake Legend .' ., \ ' J f ,A' I l • It I•• I (' ' ~ ~.. .. .' ,· • .r' p' , . . . . . ._ - •I f:XH 8 1T i\ 491 Gary Cook From: Linda Asbell [linda@lakewoodvillagetx.us] Sent: Wednesday, February 19, 2014 4:27 PM To: Gary Cook Subject: RE: 20140 123 No issues at all. They have already started the permit process with us . Than k you. Linda Asbell, TRMC Town Secretary 972-294-5555 (direct) www. lakewoodvillagetx. us LA:-rwooo ~ \' l l.l 1\GL From: Gary Cook [ mailto:Gary.Cook@dentoncounty.com] Sent: Wednesday, February 19, 2014 4:05 PM To: finda@lakewoodvillagetx.us Subj ect: 20140123 Hey Linda - I've got a permit for a house in your ETJ. Do you have any issues with it? Thanks Gary From: PublicWorks@dentoncountv.com [ mailto :PublicWorks@dentoncou ntv.com] Sent: Wednesday, February 19, 2014 4 :06 PM To: Gary Cook Subject: Attached Image 1 492  Public Works RECEIPT Denton County 1505 E. McKinney S1, Sic 175 Ocnion, Texos 76209 (940) J.19-2990: Mom (940) J.19-29CJI: """ v.rww.dcntoncoun&y.com - 22-Jan-14 M§!i!QijM DRAWER2 M§i!.l"!.14 i ·fti§i·MM •..•.• ALAN HOFFMANN 22-Jan-14 @!.@ijl!.i 7324 GASTON AVE 6399 DALLAS, TX 75214 , USA 37001 Product Name Category Quantity Unit Price Discount Extended Price IN F.P. DEVELOPMENT PERMIT PERMIT $50.00 0% $50.00 CULVERT CULVERT $15.00 0% $15.00 •-m~mm• $65.00 •mm1·111• $65.00 111~111111• $65.00 •am~i- 2434 • :mamn• SO.DO 493 Exhibit 36 494 U.S. DEPARTMENT OF HOMELAND SECURITY ELEVATION CERTIFICATE FEDERAL EMERGENCY MANAGEMENT AGENCY OMB No. 1660-0008 National Flood Insurance Program Important: Read the instructions on pages 1-9. Expiration Date: July 31, 2015 SECTION A- PROPERTY INFORMATION FOR INSURANCE COMPANY USE A1. Building Owner's Name Policy Number: A2. Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Company NAIC Number:- 3960 Spinnaker Run Point City Little Elm state TX ZIP Code 75068 A3. Property Description (Lot and Block Numbers, Tax Parcel Number, Legal Description, etc.) Lot 84, Block 1 of Sunrise Bay at Lake Lewisville - Tax Parcel Number 182659 A4. Building Use (e.g., Residential, Non-Residential, Addition, Accessory, etc.) Residential A5. Latitude/Longitude: Lat. 33.14809 Long. 96.96500 Horizontal Datum: D NAO 1927 D NAO 1983 AS. Attach at least 2 photographs of the building if the Certificate is being used to obtain flood insurance. A7. Building Diagram Number 18 AB. For a building with a crawlspace or enclosure(s): AS. For a building with an attached garage: a) Square footage of crawlspace or enclosure(s) n/a sq ft a) Square footage of attached garage n/a sq ft b) Number of permanent flood openings in the crawlspace b) Number of permanent flood openings in the attached garage or enclosure(s) within 1.0 foot above adjacent grade n/a within 1.0 foot above adjacent grade nla · c) Total net area of flood openings in A8.b n/a sq in c) Total net area of flood openings in A9.b n/a sq in d) Engineered flood openings? D Yes 181 No d) Engineered flood openings? D Yes 181 No SECTION 8-FLOOD INSURANCE RATE MAP (FIRM) INFORMATION 81. NFIP Community Name & Community Number 82. County Name 83. State Denton County - 480774 Denton TX B4. Map/Panel Number BS. Suffix B6. FIRM Index Date B7. FIRM Panel BS. Flood B9. Base Flood Elevation(s) (Zone 48121C0415 G 4-18-2011 Effective/Revised Date Zone(s) AO, use base flood depth) 4-18-2011 AE 537 81 O. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth entered in Item B9. D FIS Profile 181 FIRM D Community Determined D Other/Source: _ _ B11. lndicateelevationdatumusedforBFEinltemB9: D NGVD1929 l8l NAVD1988 D Other/Source: _ _ B12. Is the building located in a Coastal Barrier Resources System (CBRS) area or Otherwise Protected Area (OPA)? D Yes l8l No Designation Date: _ _ 0 CBRS 0 OPA SECTION C- BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) C 1. Buildi.ng elevatior:is. are base~ on: 181 Construction Drawings* 0 Building Under Construction* 0 Finished Construction *A new Elevation Certificate will be required when construction of the building is complete. C2. Elevations - Zones A 1-A30, AE, AH, A (with BFE), VE, V1-V30, V (with BFE), AR, AR/A, AR/AE, AR/A 1- A30, AR/AH, AR/AO. Complete Items C2.a-h below according to the building diagram specified in Item A7. In Puerto Rico only, enter meters. Benchmark Utilized: Vertica l Datum: Indicate elevation datum used for the elevations in items a) through h) below. D NGVD 1929 D NAVO 1988 D Other/Source: Datum used for building elevations must be the same as that used for the BFE. Check the measurement used. a) Top of bottom floor (including basement, crawlspace, or enclosure floor) 540.04 0 feet 0 meters b) Top of the next higher floor n/a._ _ 0 feet D meters c) Bottom of the lowest horizontal structural member (V Zones only) n/a._ _ D feet D meters d) Attached garage (top of slab) n/a._ _ D feet D meters e) Lowest elevation of machinery or equipment servicing the building nla. _ _ D feet D meters (Describe type of equipment and location in Comments) f) Lowest adjacent (finished) grade next to building (LAG) 537.1Q D feet D meters g) Highest adjacent (finished) grade next to building (HAG) 539.30 D feet D meters h) Lowest adjacent grade at lowest elevation of deck or stairs, including structural support n/a._ _ 0 feet D meters SECTION D - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor, engineer, or arch itect authorized by law to certify elevation information. I certify that the information on this Certificate represents my best efforts to interpret the data available. I understand that any false statement may be punishable by fine or imprisonment under 18 U.S. Code, Section 1001. D Check here if comments are provided on back of form. Were latitude and longitude in Section A provided by a D Check here.if attachments. licensed land surveyor? D Yes ~ No Certifier's Name Douglas L Arthur License Number 4357 Title RPLS Company Name Arthur Surveying Company \ty Lewisville State TX ZIP Code 75067 Telephone 972-221-9439 495 See reverse side for continuation. ·Replaces all previous editions. ELEVATION CERTIFICATE, page 2 IMPORTANT: In these spaces, copy the corresponding information from Section A. FOR INSURANCE COMPANY USE Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Policy Number: 3960 Spinnaker Run Point City Little Elm State TX ZIP Code 75068 Company NAIC Number: SECTION D - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION (CONTINUED) Copy both sides of this Elevation Certificate for (1) community official, (2) insurance agenUcompany, and (3) building owner. Comments Signature Date SECTION E - BUILDING ELEVATION INFORMATION (SURVEY NOT REQUIRED) FOR ZONE AO AND ZONE A (WITHOUT BFE) For Zones AO and A (without BFE), complete Items E1-E5. If the Certificate is intended to support a LOMA or LOMR-F request. complete Sections A , B, and C. For Items E1-E4, use natural grade, if available. Check the measurement used. In Puerto Rico only, enter meters. E1. Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent grade (HAG) and the lowest adjacent grade (LAG). a) Top of bottom floor (including basement, crawlspace, or enclosure) is _ _._ _ D feet D meters D above or 0 below the HAG. b) Top of bottom floor (including basement, crawlspace, or enclosure) is _ _. _ _ D feet 0 meters 0 above or 0 below the LAG. E2. For Building Diagrams 6-9 with permanent flood openings provided in Section A Items 8 and/or 9 (see pages 8- 9 of Instructions), the next higher floor (elevation C2.b in the diagrams) of the building is - - · -- 0 feet 0 meters 0 above or D below the HAG. E3. Attached garage (top of slab) is _ _. __ 0 feet 0 meters 0 above or 0 below the HAG. E4. Top of platform of machinery and/or equipment servicing the building is - -·- - D feet D meters D above or D below the HAG. E5. Zone AO only: If no flood depth number is available, is the top of the bottom floor elevated in accordance with the community's floodplain management ordinance? 0 Yes 0 No 0 Unknown. The local official must certify this information in Section G . SECTION F- PROPERTY OWNER (OR OWNER'S REPRESENTATIVE) CERTIFICATION The property owner or owner's authorized representative who completes Sections A, B, and E for Zone A (without a FEMA-issued or community-issued BFE) or Zone AO must sign here. The statements in Sections A, B, and E are correct to the best of my knowledge. Property Owner's or Owner's Authorized Representative's Name Address City State ZIP Code Signature Date Telephone Comments - - - - -- - - - -- - - -- - - - - - - - -- - - - - -- - - - - - -- - - - - - - - 0 Check here if attachments. SECTION G - COMMUNITY IN FORMATION (OPTIONAL) The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete Sections A, B, C (or E), and G of this Elevation Certificate. Complete the applicable item(s) and sign below. Check the measurement used in Items G8-G10. In Puerto Rico on ly, enter meters. G1 . O The information in Section C was taken from other documentation that has been signed and sealed by a licensed surveyor, engineer, or architect who is authorized by Jaw to certify elevation information. (Indicate the source and date of the elevation data in the Comments area below.) G2. D A community official comp leted Section E for a building located in Zone A (without a FEMA-issued or community-issued BFE) or Zone AO. G3. 0 The following information (Items G4- G10) is provided for community floodplain management purposes. G4. Permit Number G5. Date Permit Issued G6. Date Certificate Of Compliance/Occupancy Issued G7. This permit has been issued for: D New Construction 0 Substantial Improvement GB. Elevation of as-built lowest floor (including basement) of the building: _ _ _ _ 0 feet 0 meters Datum G9. BFE or (in Zone AO) depth of flooding at the building site: _ _ __ 0 feet 0 meters Datum G10. Community's design flood elevation: 0 feet 0 meters Datum Local Official's Name Title Community Name Telephone Signature Date Comments - - - - - - - - - - - - - - - - - - - - - - - - - - -- - -- - - -- - - - - - - - - - 0 Check here if attachments. 496 FEMA Form 086-0-33 (7/12) Replaces all previous editions.  ELEVATION CERTIFICATE, page 3 Building Photographs See Instructions for Item A6 IMPORTANT: In these spaces, copy the corresponding infonnation from Section A. FOR INSURANCE COMPANY USE Building Street Address (including Apt. , Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Policy Number: City State ZIP Code Company NAIC Number: If using the Elevation Certificate to obtain NFIP flood insurance, affix at least 2 building photographs below according to the instructions for Item A6. Identify all photographs with date taken ; "Front VieW' and "Rear VieW'; and, if required , "Right Side VieW' and "Left Side View." When applicable, ·photographs must show the foundation with representative examples of the flood openings or vents, as indicated in Section A8. If submitting more photographs than will fit on this page, use the Continuation Page. FEMA Form 086-0-33 (7/12) 497 Replaces all previous editions. Exhibit 37 498  FORM:S SURVEY [ 3960 Spinnaker Run Pointe ] I I I I J / / LOT s2 _ _...- ,,. - _..,...- Subdivision 1 1 / I -- Boundary I "" / FJ_Rl- r__,+---_..,......,.,,. : I Lot 83 ,,, · 522· T~ I '\.. Elev line rz:I ~ I !! J I soW~N ~E \ ~~ ' E-t ~ Q,, !fl 11 5 89' ~ \__ - - - F.l.R. ' o~ °'~ r;ta/~ I s 43020'43" E 58 . - - ' F.l~-~!r- . --.., : - - -- ----~- 8~ ' ' ~ I .. I - - - ... - ... - "\ ' >;.! 1 - - ---- Top of ·' "- bank ' 0 ~ t'9 J__ - "'a~ - _ut UTIL.,5.Q6!'.9- £si"r......- - - -...---- -91.B' ~- ti. ~ 1 - - - - - - 10· unt. 1c_pR~G.JSf!1T,__ - o ·' ·'.'-.. ', -<.P ~~ ic C • - ~04.6' ·a 6-~~· •';ri ,~ - ~~ - ~o ~~{(.n g ~ Lri h ,. . ,., 33.6 \ · · ~, J'~ .u~ z '1l \Q I t'1 t I 1 FORMS "-' ._,.,. of. ~ ~ $ ~I Lot 84 24_0 • \ 39~~=., ~~~;"'"'°'), 109%7~-ft. I ', ' ) topof--'4•04' '~~~IT~~ ~ 1.3 • __ .J._... ~ , ~ u~ ~ ..... ~ -~ I: I ~) --------1----------------- ,~ s:a " ~ I 2.50 acres / /-------- ~e • AE• '11 - '-' - __:_ _ - ~------- " " Ilnc •""""' . ~... ~ i ~H · t-- I - - - ( i ...... . . . . _ ' ~, ,._. --+:----1.0.:~7!.42'!'S ~r. - \ - - - - - -- - - - - - - - - - - - - \ _~ Z F.1.R. I ;:;-- - 10· u11L a ORNG.. ESll;:- . . - - - - - ~ - - - - - ----------------------- ~-~ ~ ,: I N 34°54'11" W295.77' - i/- - '~\g:.· N 38°21'36" w 491.89' \ F-l-R- V.l i U.S.A. i / g/ Lot 85 \ Lake Lewisville Resorvoir Dllte: 03/07114 ASC No. 140375 D.rawn/Chk L.G. I DLA PROPERTY DESCRIPTION: Lot 84, Block 1 of Sunrise CIUmt fl.any Bizi-Os Bay at Lake Lewiiwille, an addition to the Town ofLittle Elm, LmEND -C.M.• Contmlling Mamimcnt; F.LR.• Foundhvn Rad; FLP.• Fmmd 1nm Pipe; Denton County, Texas, according to the Plat thereof recorded 11.C.P.= F-Comer Poll. OHB=Ovdiead Bleclric. S.LR.= Set._, llod8 Ill" m...... with in Cabinet L, Page 224, Plat Records of Denton County, Texas. ,.,ilPw "Ill' otampad 'Ai1hlr S111Y1l)'iq Campaay". All foi.md iron mcll arc 112' dimuUr 1IDlou albcrwiac nntai - K - (:fc:nccf ~ pcm) - OHE - (avm-1 powm) FLOOD NOTB: It ill my Clpinion 1batIha pmpcrty dllilllribad bmwn ia pmti1111y within 1bD 100.ycar ftoadmm: axa llCCCIRlinglD tile FcdcnlJlmi:rFDCY ~ ~ Fb>d J:naurance hie M-ii ~Pan.el No. 4811S2 04lj G, l'rNeDt Bffectiff Date ofmap Apd1 18, 2011, b:n:in property lituati:d wi1hin Zone 'X" (Ulllhaded), Zone • AE". 499  F/ Lf D 10/~ APR - CAUSE NO. 14-tH991-431 . 8 PH 3: 03 SHERR/A IN THE DISTR~f!f'~'f ~t~.~~ TE.i!-1 0 TOWN OF LAKEWOOD VILLAGE, § ~ § ' Nco .. rA tl .,. Plafutlff, § --- § DePUty v. § § DENTON COUNTY, TEXAS HARRY BIZIOS, § § Defeudaut. § 431 ST JUDICIAL DISTRICT AGREED ORDER EXTENDING AND MODIFYING TEMPORARY RESTRAiNING O'RtiER AND ORDER SETTING HEARING FOR TEMPORARY INJUNCTION On the 2"d day of April, 2014, the Court considered arguments and agreement of the pa11ies regarding Plaintiff To\\1\ of Lakewood Village's ("Town") application for Temporary Injunction. Wm. Andrew Messer, attorney for the Plaintiff, appeared in person. Art Anderson, attorney for Defendant, also appeared. After considering the agreement of the parties and the Com1's docket, the Court finds that good cause exists to grant an extension and modification of the Temporary Restraining Order issued by this Court on March 20, 2014 ("TRO") and to reset the hearing on Plaintiffs Temporary Injunction. IT IS THEREFORE ORDERED AND AGREED that the TRO shall be and is hereby extended in that Defendant Hany Bizios, his agents, contractors, and employees and the Defendant's representative(s) with control over the Property, described as Lot 84, Block 1 of Sunrise Bay at Lake Lewisville, and addition to the City of Little Elm, Denton County, Texas, according to the plat thereof recorded in Cabinet L, page 224, plat records, Denton County, Texas (the "Property"), shall allow inspections by the Town's Building Official or designee on the Prnpe1ty, until the later of such time as plaintiff's application for temporary injtmction may be heard or April 17, 2014. Extended Temporary Restraining Order-· Page 1 Town of Lakewood Village v. Hart)' Bi::los 500  IT IS FURTHER ORDERED AND AGREED that the TRO shall be and is hereby modified in that Defendant Harry Bizios, his agents, contractors, and employees and the Defendant's representative(s) with control over the Property shall immediately cease and desist any constrnction on the Property except as follows: l. Defendant shall be allowed to complete the plumbing rough-in work, including water tap and on-site sewage facility connection, on the Property in compliance with the Town's regiilntions and shall submit to, and pass. a plumbing rough-in work inspection to be perfom1ed by the Town; 2. Defendant shall submit a form board S\1rvey to the Town and said survey and all completed work shall comply with the Town's minimum finished floor elevation of 540 msl; 3. Defendant shall be allowed to complete pier installation in compliance with the TO\vn's regulations, which shall be inspected by a professional engineer and an approval letter shall be provided by Defendant to the To''m; 4. Defendant shall be allowed to complete the work necessary to pass a "pre-pour inspection" on the Property in compliance with the Town's regulations and shall submit to such inspection to be performed by the Town; and 5. L" pan completion of and inspections involving 1-4 above, Defendant shall be allowed to pour the foundation on the Property in compliance with the Town's regulations. IT IS FURTHER ORDERED AND AGREED that the Town shall not assess the fees involving the steps above until further hearing before the Court. The Town shall also perform these inspections during nonnal business hours. Defendant shall provide the Tov.11 with at least one business day notice that Defendant is ready for any inspection. IT IS FURTHER ORDERED AND AGREED that Plaintiff's Application for Temporary Injunction is set for hearing on the 151h day of April, 2014, at 9:00 a.m. The purpose of this hearing shall be to detem1ine whether this Extended and Modified Temporary Restraining Order should be made a Temporary Injunction pending a foll trial on the merits. Neither party waives its legal rights, remedies and argument by entering into this Agreed Order. Extended Temporary Restrninlng Order -- Page Z To1rn of Lakewood Village\'. Harry Bl:ios 501  Because Plaintiff is a muni.cipality in the State of Texas, no bond is required. This Extended and Modified Temporary Restraining Order expires on April 17, 2014. Signed on April !i__, 2014, at J'O: 7..) a.m.fp;m. AGREED: WM. ANDREW MESSER Plcrint(lf's Co1111sel ~ ,-- ~·~· ARTANDf RS$N / Defendant 'SCow1sel D1\LLAS l/6270655Y.2 56756-t o-110.t1201 -1 Extended Temporary Restraining Order-· Page 3 Toll'// of Lakewood Village v. Harr>' Bizlos ---- ~------ 502  FILED: 4/14/2014 2:01:15 PM SHERRI ADELSTEIN Denton County District Clerk By: Paul Montalvo, Deputy CAUSE NO. 14-01991-431 TOWN OF LAKEWOOD VILLAGE, § IN THE DISTRICT COURT TEXAS § § Plaintiff, § § v. § § DENTON COUNTY, TEXAS HARRY BIZIOS, § § Defendant. § 431ST JUDICIAL DISTRICT TOWN OF LAKEWOOD VILLAGE'S BRIEF SUPPORTING INJUNCTIVE RELIEF Plaintiff Town of Lakewood Village, Texas ("Town") files this brief supporting injunctive relief. The Town would note for the Court that the issues in this case are significant for all 1,131 municipalities in the State of Texas, and most are of first impression in this Coutt. I. BACKGROUND The Town of Lakewood Village is a Type A general law city, incorporated in 1977, and is a political subdivision of the State of Texas. Surrounding its town limits, the Town by statute has a one-half mile area designated as its extraterritorial jurisdiction ("ETJ"). TEX. Loe. Gov'T CODE § 42.021(a)(l). The Town's ETJ is depicted in the map attached as Exhibit A. The Legislature has declared, as state policy, that a municipality's ETJ is to promote and protect the general health, safety, and welfare of persons residing in and adjacent to a municipality. TEX. Loe. Gov'T CODE § 42.001. The Town, thus by statute, has a vested interest to promote and protect the general health, safety, and welfare of those in its ETJ, including specifically the defendant Harry Bizios and his property. The defendant's prope1ty is located in the subdivision of Sunrise Bay, and the defendant's property (the "Prope1ty") is undisputedly located in the 503 Town's ETJ. The Prope1ty has a steep downfall from the front to the back of the Property (approximately 21 feet) and is partially located within the 100-year floodplain. See map depicting the Property and floodplain, Exhibit B. The Town has the statutory authority to annex prope1ties in its ETJ, TEX. Loe. Gov'T CODE§ 43.051, pursuant to various means. See TEX. Loe. Gov'T CODE § 43.024 (annexation upon request of area voters); § 43.028 (annexation of areas sparsely occupied on petition of landowners). The Town's cmTent population is approximately 559, and based on development within the Town's limits, it is anticipated that the Town's residency will double in the next I 0 years. The Town would then have the statutory authority to annex an area without consent of residents when it provides water or sewer to the area. TEX. Loe. Gov'T CODE § 43.033. The Town has furthered its vested interest in its ETJ through the regulation of subdivisions, development, and building codes. The Town adopted Ordinance No. 10-01 on January 14, 2010, which extended its building codes to the Town's ETJ, and Ordinance No. 13-07 on June 13, 2013 (previously Ord. No. 11-11 adopted March 11, 2011), which extended its subdivision regulations to its ETJ. The Town's building codes include heightened standards enacted as local amendments from the national standards in order to increase the health, safety and welfare of those building in both the Town's limits and its ETJ. The same heightened standards apply equally to residences built in the Town's limits and ETJ. Since the Town extended its building codes and subdivision regulations to the ETJ, three properties in the Sunrise Bay subdivision have come to the Town and complied with its building codes and subdivision regulations. See Exhibits C, D, and E demonstrating building code compliance for properties located at 3964 Spinnaker Run Point (April 2013), 3904 Spinnaker Run Point (March 2013), and 6613 Autumn Mist Cove (January 2012, February 2012, April 2012, and June 2012). The defendant filed building plans with the Town on January 27, 2014, registered a contractor 2 504 with the Town, and scheduled a pre-construction meeting with the Town. See Exhibits F and G, The defendant subsequently cancelled the pre-construction meeting and has failed to comply with the Town's building codes and subdivision regulations, which are enacted to promote and protect the health, safety, and welfare of persons and propetty in the Sunrise Bay subdivision and other areas of the ETJ. A failure to build according to the Town's standards is a violation oflaw. II. DEFENDANT'S ISSUES Defendant appears to be making three arguments: (1) there is no statute authorizing a general law Texas municipality to extend subdivision rules for development to its ETJ; (2) defendant has vested rights under a 1995 plat filed with Denton County and town of Little Elm, but not submitted or approved by Lakewood Village; and (3) the permit fees, which are a recoupment of costs for the Town, are an unconstitutional tax. None of the defendant's issues have merit. Instead, the defendant is violating the Town's ordinances and building codes, and therefore, the Town is entitled to injunctive relief. TEX. C1v. PRAC. & REM. CODE§ 212.003(c). III. TEXAS MUNICIPALITIES HAVE THE STATUTORY AUTHORITY To EXTEND THEIR SUBDIVISION RULES FOR DEVELOPMENT To THE ETJ Texas municipalities have been granted the statuto1y authority to apply, by ordinance, their subdivision rules regarding development, including platting, building standards and permitting in their ETJ. TEX. Loe. Gov'T CODE§§ 212.003(a), 212.003, 214,212, 42.001; see also Hartsell v. Town of Talty, 130 S.W.3d 325, 328 (Tex. App. - Dallas 2004, pet. denied)("ordinances regulating development, such as those specifying design, construction and maintenance standards may be extended into a city's extraterritorial jurisdiction"); Levy v. City 3 505 of Plano, 2001WL1382520, *2 (Tex. App. - Dallas 2001, no pet.)(city subdivision regulations apply to the city's ETJ"); City of Lucas v. North Texas A1unicipal Water Dist., 724 S.W.2d 811, 823 (Tex. App. - Dallas 1986, writ refd n.r.e.)("A11icle 970a [recodified; now, § 212.003(a)] confers authority upon a city to extend its subdivision ordinances to its extraterritorial jurisdiction .... Consequently, ordinances regulating development, such as those specifying design, construction and maintenance standards, may be extended by a city into its extraterritorial jurisdiction"). 1. The Statutes The authority of Texas municipalities to apply their subdivision regulations to the ETJ is contained in the Local Government Code. Section 212.003 of the Local Government Code states in pertinent part: § 212.003 Extension of Rules to Extraterritorial Jurisdiction (a) The governing body of a municipality by ordinance may extend to the extraterritorial jurisdiction of the municipality the application of municipal ordinances adopted under Section 212.002 .... TEX. Loe. Gov'T CODE § 212.003(a)(emphasis added). Section 212.002 states in pe1tinent part that: § 212.002 Rules [T]he governing body of a municipality may adopt rules governing plats and subdivisions of land... to promote the health, safety, morals, or general welfare. TEX. Loe. Gov'T CODE § 212.002 (emphasis added). So, the Legislature by §§ 212.002 & .003 has authorized Texas municipalities to extend their subdivision rules to the ETJ. There is also statutory authority authorizing municipal permits and updated, localized building codes in the ETJ. Section 214.212 of the Local Government Code states: 4 506  § 214.212 International Residential Code (a) To protect the public health, safety, and welfare the International Residential Code, as it existed on May 1, 2001, is adopted as a municipal residential building code in this state. (b) The International Residential Code applies to all construction, alteration remodeling, enlargement, and repair of residential structures in a municipality. TEX. Loe. Gov'T CODE § 212.002. 1 "Municipality" is defined as "a general-law municipality, home-rule municipality, or special-law municipality." TEX. Loe. Gov'T CODE § 1.005(3)(emphasis added). A "municipality" (including a general law municipality, like Lakewood Village) may adopt later versions of the International Residential Code and also adopt local amendments. TEX. Loe. Gov'T CODE § 212.002(c)(d). Lakewood Village has done that. Read in conjunction with § 212.003 which authorizes Texas municipalities to extend subdivision rules "to the extraterritorial jurisdiction," § 214.904(a) authorizes Texas municipalities to extend their permitting for development to the "extraterritorial jurisdiction." Section 214.904(a) of the Local Government Code states: This section applies only to a permit required by a municipality to erect or improve a building or other structure in the municipality or its extraterritorial jurisdiction. TEX. Loe. Gov'T CODE § 212.904(a)(emphasis added). The Legislature also adopted the 2008 International Residential Code in unincorporated areas of virtually every county in the State (Tex. Loe. Gov't Code § 233.153(a)) except where a municipality has "adopted a building code in the municipality's extraterritorial jurisdiction," in which case, the building code adopted by the Section 2 I 4.2 I 2(a)-(c) requires municipalities across the state to adopt the International Residential Code ("!RC"). It imposes a mandatory uniform residential building code, as opposed to merely providing an optional code that cities may but are not required to adopt. Municipalities may adopt amendments to the !RC that are more restrictive than the standards in the !RC. Tex. Leg. Council, le!ter opinion September 19, 2003. Before enactment of section 214.212, Texas cities were not required to use any particular building code, and this fact at times required builders to understand and comply with multiple building codes. There is thus one standard for residential construction under the IRC but \Vith local 1nore stringent a1nend1nents. 5 507  municipality controls. Tex. Loe. Gov't Code § 233.153(c). Section 233.153 expressly states the Legislature's intent that municipalities have the authorization to extend application of adopted building codes into their extraterritorial jurisdiction. 2. The StatutOI)' Intent Lest there be any doubt that the Legislature has authorized Texas municipalities to extend subdivision rules regarding development to the ETJ, the Court need look no further than the expressed statutory intent contained in the foundational "Rules" statute, § 212.002. Rules that govern plats and subdivisions are made to promote: the safe, orderly, and healthy development of the municipality. TEX. Loe. Gov'T CODE § 212.002. This intent is buttressed by § 42.001. The Legislature has declared, as state policy, that a municipality's ETJ is to promote and protect the general health, safety, and welfare of persons residing in and adjacent to a municipality. TEX. Loe. Gov'T CODE § 42.001. Development of a Texas municipality occurs in the adjacent ETJ by annexation. The plain meaning of the statutory intent of§§ 212.002 and 42.001 allows the same building standards to apply in a city's limits and in its ETJ which may become part of the city. Otherwise, there would be an incongruity of building standard in a city's limit and in its ETJ. The Supreme Com1 has further noted that the purpose of platting and subdivision regulations is to "ensure that the subdivisions are safely constructed and to promote the orderly development of the community." City of Round Rock v. Smith, 687 S. W.2d 300, 302 (Tex. 1985)(emphasis added). When the purpose of legislative enactment is obvious from the language of the law itself, there is nothing left to construction. Fitgerald v. Advanced Spine 6 508 Fixation Systems, 996 S.W.2d 864, 866 (Tex. 1999). The United States Supreme Court has also stated that a court should not apply rules of construction to unambiguous language barring exceptional circumstances. See Burlington Northern R.R. Co. v. Oklahoma Tax Comm., 481 U.S. 454, 461 (1987). The statutory purpose for authorizing subdivision rules is plain; it is allowed both in city limits and the ETJ. The statutory purpose supports Lakewood Village's injunctive relief. 3. Defendant's Arguments Defendant argues that§ 212.049 of the Local Govermnent Code prevents the Town from regulating its building codes within its ETJ, but that is simply not the case. Two subchapters in Local Govermnent Code chapter 212 govern platting - subchapter A and subchapter B. See TEX. Loe. Gov'T CODE § 212.042.The Town is governed by subchapter A, including §§ 212.002 & .003. A municipality may also choose to be governed by subchapter B, the Development Plats statutes, which formerly applied only to the city ofHouston. 2 Development plats in subchapter B are different than the traditional plats in subchapter A. To be governed by subchapter B (in which § 212.049 is located), the provisions of subchapter B have to be specifically invoked and affirmatively adopted by ordinance. TEX. Loe. Gov'T CODE § 212.041. The Town has not adopted subchapter B, so its provisions simply do not apply. 3 Defendant also argues that § 214.212, by requiring adoption of the International Residential Code, somehow limit a Texas municipality's building codes' authority to its city limits only. See defendant's trial brief, p.7. This interpretation is not in the language of §214.212; however, the Legislature does state under a section titled "Time for Issuance of 2 As first enacted, this law was applicable to any "unzoned city" with a population exceeding 1.5 million. See BROOKS, TEXAS MUNICIPAL LAW AND PRACTICE §21.03 11. 78, citing Acts 1985, 69 1h Leg., p. 2187, ch. 568. 3 Development plats deal with developing and construction of prope11y that is not subdivided. Here, the Prope1fy has been subdivided by plat. So, development platting rules are not applicable to the Property, even if the Town had adopted subchapter B. 7 509  Municipal Building Permit:" This section applies only to a permit required by a municipality to erect or improve a building or other structure in the municipality or its extraterritorial jurisdiction. TEX. Loe. Gov'T CODE § 214.904(a) (emphasis added). The defendant's interpretation also runs afoul of the Legislature's express handling of adoption of residential building codes in a municipality's extraterritorial jurisdiction. TEX. Loe. Gov'T CODE § 253. l 53(a), (c ). If Texas municipalities are unable to extend building codes and subdivision rules to their ETJ, as defendant contends, then these provisions written by the Texas Legislature would be both futile and useless. The defendant's argument runs afoul of settled statutory construction and the Texas Legislature. See City of LaPorte v. Barfielcl, 898 S.W.2d 288, 292 (Tex.1995) (citing Chevron Co1p. v. Redmon, 745 S.W.2d 314, 316 (Tex.1987))(courts "will not read statutory language to be pointless if it is reasonably susceptible of another construction."). Acker v. Tex. Water Comm'n, 790 S.W.2d 299, 300 (Tex.1990); Hunter v. Fort Worth Cap. COip., 620 S.W.2d 547, 551 (Tex.1981)( "the legislature is never presumed to do a useless act."). Hunter v. Fort Worth Capital Co1p., 620 S.W.2d 547, 551 (Tex.1981) (a cardinal rule of statutory construction is that the legislature is never presumed to do a useless or meaningless act.). Sections 214.904 and 233.153(c) are specific authority that building codes applied through permitting are authorized in the ETJ. The defendant's argument is without merit. It should also be declined for a second reason - it is contrary to the established principle that the public interest to be favored over any private interest. TEX. Gov'T CODE § 311.021(5). Thus, the Town's ability to enforce its subdivision regulations and building codes, to promote and protect the health, safety, and welfare of persons in the Sunrise Bay subdivision should be, by statute, favored over any single property owner in the Sumise Bay subdivision. If defendant's argument prevailed, a single property 8 510 owner's interest would predominate over the interest of all Texas municipalities. This is not, and should not, be the law. The position advocated by the defendant runs counter to the Texas Legislature's enactment and statutory intent. 4. Other Statutes Support Lakewood Village Indeed, other statutes plainly demonstrate that Texas municipalities have the authority to regulate in their ETJ. 4 For example, § 233.153(c) of the Local Government Code allows municipalities to regulate their building codes in the extraterritorial jurisdiction, to the exclusion of counties. Denton County has recognized by unanimous court order that: [I]f ... construction occurs in the extraterritorial jurisdiction of a municipality that has adopted a building code for the municipality's extraterritorial jurisdiction, the building code adopted by the municipality controls[,] and building code standards under Subchapter F of Section 233.153 of the Texas Local Government Code [applicable to Texas counties] have no effect in that municipality's extraterritorial jurisdiction." DENTON COUNTY COMM. COURT ORDER No. 10-0045 (emphasis added). See Exhibit H. The Denton County Court Order tracks exactly the language of Local Government Code § 233.153(c): Subchapter F. Residential Building Code Standards Applicable to Unincorporated Areas of Certain Counties If a municipality located within a county to which this subchapter applies 5 has adopted a building code in the municipality's extraterritorial jurisdiction, the building code adopted by the municipality 6 controls .... 4 In contrast to subdivision regulation po,ver, and for clarification, Texas n111nicipalities do not possess the statutory authority to zone prope11y (i.e., regulate the height, number, bulk or size of buildings) in their ETJ. Tex. Loe. Gov'! Code § 212.003(a)(l)-(5). The legislative history of House Bill 3187, which amended Section 212.003, stated it "prohibits the application of zoning regulations in ETJ areas." COMMITTEE ON URBAN AFFAIRS, BILL ANALYSIS, Tex. H.B. 3187, 71st Leg., R.S. (1989). 5 Subchapter F applies to a county with a population of more than I00 or has adopted the provisions of Subchapter F. 6 It is clear that the legislature refers to a municipality in a general sense, not solely a home-rule city to the exclusion of general law cities. When a statute only applies to a home-rule city, the legislature so indicates. Compare § 217.041 ("applies only to a home-rule municipality") with § 217.021 ("applies only to a Type 9 511  TEX. Loe. Gov'T CODE §§ 233.153(c), 152. Denton County recognizes this standard. The Denton County Department of Public Works, Engineering Division, issued a Notice to "Home Builders" and "Home Buyers" stating: Building in the Extra Territorial Jurisdiction ("ETJ") If you are building in the ETJ of a municipality that has adopted a building code for the municipality's ETJ, then the builder follows the municipality's codes. See Exhibit I (emphasis added). Thus, there are multiple statutory bases for Lakewood Village to enforce its development rules and building codes in its ETJ. 5. City o(Boerne Is Inapplicable Defendant cites the case of City of San Antonio v. City ofBoeme for the premise that the authority of a county does not extend beyond the express grant of a statute regarding roadway annexation.! I! S.W.3d 22 (Tex. 2003). Beorne is distinguishable. This case has nothing to do with a county's abilities or with a county's roadway power. It is also distinguishable because the issue in Boerne was one of general control versus a specific annexation authority. The Court in Boerne noted that "petitioning a municipality to annex portions of county roads is unrelated to a commissioner's comi's specific duty to ensure safe travel." Id. at 28-29. Beorne is a red herring. This case deals with the exercise of authority to ensure safe construction by enforcement of building codes for the safe, orderly, and healthy development of the municipality in its ETJ, as authorized by TEX. Loe. Gov'T CODE § 212.002, .003, and to promote and protect the general health, safety, and welfare of persons residing in and adjacent to a municipality in the ETJ, as authorized by TEX. Loe. Gov'T CODE§ 42.001. In other words, the issues are related. The idea espoused by defendant that Boerne implicitly overrules, without B general-la\v n1unicipality 1 '). Additionally, 1nunicipality" is defined as "a general-la'v 111unicipality, hotne-rule 11 municipality, or special-law municipality." TEX. Loe. Gov'T CODE§ 1.005(3). 10 512 mentioning, City ofLucas is nonsensical. 6. City ofLucas And City of Weslaco Are Controlling The case involving the City of Lucas applying its building codes to the ETJ is directly on point. City of Lucas v. North Texas Municipal Water District, 724 S.W.2d 811 823 (Tex. App.-Dallas, 1986, writ ref. n.r.e.). Lucas, a general law town, applied its city ordinances involving subdivision rules to its ETJ. The North Texas Municipal Water District sought to construct a wastewater treatment plant on a 75 acre tract within Lucas's ETJ. The water district argued that Luca's subdivision rules did not apply to its ETJ. The Dallas Couti of Appeals disagreed. Id. at 817. It held that the former TEX. REV. Civ. STAT. ANN. art. 970a §4 confers authority upon a city to extend its subdivision ordinances into its ETJ. Id. at 817, 823. A1i. 970a §4 stated: "the governing body of any city may extend by ordinance to all of the area under its extraten-itorial jurisdiction the application of such city's ordinance establishing rules and regulations governing plats and subdivisions of land." Id. at 817. This is the same enabling language of§§ 212.002 & .003 of the Local Government Code under which the Town derives its authority. Lucas specifically holds that "ordinances regulating development, such as those specifying design, construction and maintenance standards, may be extended by a city into its extraterritorial jurisdiction." Id. at 823. Notably, the Dallas Court of Appeals stated: Were we to hold that building standards are not contemplated by article 970a, we would be left with a statute that grants authority over the laying out of streets, alleys and lot boundaries, but precludes authority over the most important paii of a subdivision. Consequently, we conclude that the power over subdivisions conferred by article 970a necessarily or fairly implies a right to issue regulations governing construction of housing, buildings, and the components thereof. Id. at 823-824. The Corpus Christi Court of Appeals came to the same conclusion in City of Weslaco v. Carpenter, 644 S.W.2d 601, 603 (Tex. App.-Corpus Christi 1985, writ refd n.r.e.). The city of Weslaco sought to permanently enjoin a landowner from constructing a mobile home park II 513 located within the ETJ. Weslaco had extended its subdivision rules to the ETJ, including for "construction," "permits," "licensing," and "inspections." Id. at 602. Art. 970s [now, §§ 212.002 & .003 of the Local Government Code] authorized rules regarding "subdivision of land" to be extended to the ETJ. Id. at 602. Because the word "subdivision" is not defined by statute, the Corpus Christi court found: "The normal, common-sense meaning of the term 'subdivision' is expressed in Black's Law Dictionary (5"' ed. 1979) as '[d]ivision into smaller patts of the same thing or subject-matter. The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions ofland for sale or development."' Id. at 603 (emphasis in original). The court noted that it had similarly found in Co1pus Christi v. Unitarian Church, 436 S.W.2d 923 (Tex. Civ. App. - Corpus Christi 1968, writ refd n.r.e.) that "subdivision of land" includes for development pwposes. Id. at 603. It was also important that the provision of subdivision rules in the ETJ comported with the legislative findings "to promote and protect the general health, safety and welfare of persons residing within and adjacent to cities of the state .... " Id. at 603. The Corpus Christi court, finding that Weslaco's subdivision rules apply to the ETJ, mandated that an injunction issue in favor of the city of Weslaco, as: The injunction sought by [Weslaco] arises not only from proper interpretation of pe1tinent statutes and ordinances but also as a valid exercise of [Weslaco's] police power, which by its very nature involves the regulation of subdivision development 'to prevent the use thereof in a manner that is detrimental to the public interest. The police power may be loosely described as the power of the sovereign to prevent persons under its jurisdiction from conducting themselves or using their property to the detriment of the 'general welfare.' Id. at 604 (citations omitted). This same reasoning, the application of the Legislature's intent, and the exercise of police power applies to this case. 7 Notably, the defendant has no contrary authority to Lucas and Weslaco on point. 12 514 7. Valid Exercise Of Police Power All property is held subject to the valid exercise of the police power. See City of College Station v. Tul'fle Rock Corp., 680 S.W.2d 802, 804 (Tex.1984); Woodson Lumber Co. v. City of College Station, 752 S.W.2d 744, 746 (Tex.App.-Houston [!st Dist.] 1988, no writ). A city may enact reasonable regulations to promote the health, safety, and general welfare of its people. Turtle Rock Corp., 680 S.W.2d at 805. The United States Supreme Court has stated, "government regulation - by definition - involves the adjustment of rights for the public good. Often this adjustment curtails some potential for the use or economic exploitation of private property." Andrus v. Allard, 444 U.S. 51, 65 (1979). As Justice Holmes stated in Pennsylvania Coal Co. v. Mahon, 260 U.S. 393, 413 (1922): "Government hardly could go on if, to some extent, values incident to property could not be diminished without paying for every such change in the general law. As long recognized, some values are enjoyed under an implied limitation, and must yield to the police power." Many Texas municipalities extend the application of their subdivision regulations to their ETJ. See City of Fate, Code of Ordinances § 38-2; City of Heath, Code of Heath§ 158.01; City of Double Oak, Code of Ordinances§ 10.101; City of Highland Village, Highland Village Subdivision Ordinance § I. I; City of Copper Canyon, Copper Canyon Subdivision Ordinance § 1.1. 8 It is entrenched in Texas Texas courts have repeatedly upheld the ETJ subdivision regulation principle in other contexts. In City of Austin v. Quick, 930 S. W.2d 678 (Tex. App. - Austin 1996), the Austin court of appeals upheld the city of Austin's application of its watershed pollution standards as regulations to the ETJ. This holding was affirmed by the Texas Supreme Court. Quick v. City of Austin, 7 S.W.3d 109 (Tex. 1998). This same principle has also been acknowledged by the federal Fifth Circuit Court of Appeals in New Orleans. FM Properties Operating Co. v. City of Austin, 93 F.3d 167, 170 '" 2 (5th Cir. l996)("Texas law allows municipalities to enact water quality standards applicable to the preservation and development of lands outside of the municipalities' corporate limits, in an area referred to as the municipalities" extraterritorial jurisdiction"). In levy v. City of Plano, 2001 WL 1382520 (Tex. App. -Dallas 2001, no pet.), the Dallas Comi of Appeals stated the city of Piano's subdivision regulations applied to the ETJ. In Milestone Potranco Dev. v. City of San Antonio, 298 S.W.3d 242, 245 (Tex. App. - San Antonio 2009, pet. denied), the San Antonio Court of Appeals upheld the city of San Antonio's tree preservation ordinance to the ETJ because it promoted the health of the municipality and healthful development of the con1n1unity. 13 515 jurisprudence that a city may, as a valid exercise of its police power, enact reasonable regulations for the purpose of promoting the health, safety, and general welfare of its people. City of Brookside Village v. Comeau, 633 S.W.2d 790, 792 (Tex.1982), cert. deniecl, 459 U.S. 1087 (1982); City of College Station v. Turtle Rock C01poration, 680 S.W.2d 802, 805 (Tex.1984); Ex parte Woodall, 154 S.W.3d 698, 702 (Tex.App.-El Paso 2004, pet. ref'd). Such police power occurred here. Lakewood Village extended its subdivision rules to the ETJ as a valid exercise of police power. The subdivision rules should be enforced. IV. DEFENDANT HAS NO VESTED RIGHTS Defendant insists that he has accrued vested rights in a plat filed with Denton County in 1995, which would allegedly exempt Defendant from the Town's building regulations. For this theory, defendant relies on Tex. Loe. Gov't Code§ 245.002(b): "A project that requires a series of permits or approvals in order to reach completion is to be governed by the rules in effect at the time of the first permit in that series .... " Tex. Loe. Gov't Code §245.002(b). The defendant's theory is misplaced for several reasons: the county does not regulate building, plumbing, mechanical, and electrical safety and would therefore leave the area subject to little regulation or oversight whatsoever; the plat was never submitted to Lakewood Village; and Lakewood Village's building codes are exempt from the vested rights statute. 1. The Town's Building Regulations Are Exempted From The Vested Rights Statute Texas has a vested rights statute in Local Government Code chapter 245. It does not apply here. Preliminary plans and related subdivision plats, site plans, and all other development permits for land covered by the preliminary plans or subdivision plats must be considered 14 516 collectively to be one series of permits for a project. TEX. Loe. Gov'T CODE§ 245.002(b); Save Our Springs Alliance v. City of Austin, 149 S.W.3d 674 (Tex. App.-Austin 2004, no pet.); Tex. Atty Gen. op. JC-0425 (2001). The term "project" is defined in chapter 245 as an "endeavor over which a regulatory agency exerts its jurisdiction and for which one or more permits are required to initiate, continue, or complete the endeavor." TEX. Loe. Gov'T CODE§ 245.001. A plat for the Sunrise Bay subdivision was filed and approved by Denton County and the town of Little Elm in 1995. The plat was never filed with, or approved by, Lakewood Village. The plat's existence was not known by the Town until this lawsuit, some 19 years later. Defendant claims that the plat is the first permit in a series of permits. See defendant's trial brief, p. 11. At least one court has determined that the subdivision or platting of land is a different project than the vertical construction on existing lots like building permits. FM Properties Operating Co. v. City of Austin, 93 F.3d 167 (5 1h Cir. 1996)(interpreting former Tex. Gov't Code Ch. 481, the predecessor to Tex. Loe. Gov't Code Ch. 245, which states the same language). The Court in City of Austin reasoned: If any action were to freeze development regulations ... a developer would not have to build in accordance with the latest building, fire, plumbing, mechanical, or electrical codes, but would be permitted to build under codes that might be years old. In addition, the developer would not be required to comply with drainage and watershed regulations. This would result in shoddy development and create an obvious public safety problem which could expose the developer, and possibly the City, to liability for personal injury. This result is contrary to the public interest in health, safety, and welfare. Id at 170. The necessity for this theory of outdated building codes was called into question by the Hartsell case on which the defendant relies. Hartsell v. Town of Talty, 130 S.W.3d 325 (Tex. 15 517 App.-Dallas 2004, reh. den.). 9 The Dallas Court of Appeals stated regarding the concern of using outdated building codes, "Chapter 245 addresses this concern in other sections .... See Tex. Local Gov't Code Allll. § 245.004-245.005(Vernon Supp.2004)(Chapter 245 does not apply to permits more than two years old for construction of building for human occupation where regulation at issue adopts only uniform building or similar code ... )." Id. at 328. Section 245.004 provides exemptions to the applicability of Chapter 245. For example, § 245.004 states: "§ 245.004 Exemptions This chapter does not apply to: ( 1) A permit that is at least two years old, is issued for the construction of a building or structure intended for human occupancy or habitation, and is issued under laws, ordinances, procedures, rules or regulations adopting only: (A) Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; or (B) Local amendments to those codes enacted solely to address imminent tlu·eats of destruction of property or injury to persons; TEX. Loe. Gov'T CODE § 245.004. Assuming, for purposes of argument, that the Town is bound by a plat it had no notice of, then the plat from 1995 is the first permit in a series of permits, as required by § 245.002(b), is well over two years old and would be subject to the Town's current building codes. The Town adopted the International Residential Code, Building Code, Plumbing Code, Mechanical Code, Energy Code, Fuel and Gas Code, Property Maintenance Code National Electrical Code, International Fire Code and applied all of these uniform codes to its extraterritorial jurisdiction via Ordinance No. 10-01. These codes are uniform codes as described in § 245.004(l)(A), which were adopted by the International Code 9 Significantly, Hartsell held that "ordinances regulating development, such as those specifying design, construction and maintenance standards may be extended into a city's extraterritorial jurisdiction''. Id at 328. 16 518 Council. Several of these codes and ordinances address imminent threats of destruction of property or injury to persons as well. For example, Ordinance 11-16 is a local amendment to the National Electric Code and provides that the conductors used to conduct current must be a minimum size of 12 AWG copper. See Ord. No. 11-16(p. 22), Sec. 8, Ch. 33, Sec. E3306.2. This is a stricter guideline than the IRC made for safety to prevent imminent destruction and personal injury. The County does not regulate this issue, so absent the Town's regulation, it would be unregulated. Likewise, Section 245.004(11) exempts "regulations to prevent the imminent destruction of property or injury to persons .... " if the regulations do not affect zoning issues. The Town's regulations have nothing to do with zoning issues and are made to promote the public health, safety, and welfare of the citizens of the Town and the extraterritorial jurisdiction of the Town. See preamble, Ordinance No. 10-01. Another exemption,§ 245.004(6) allows fees imposed in conjunction with development permits. Lakewood Village charges fees for building permits within its ETJ that are necessary to offset the costs of this regulation. All fees are exempt from the vested rights statute. 2. Defendant Cannot Claim Rights To Regulations To A Permit Never Issued By The Town, And The Town Had No Notice Of The Plat The Hartsell case, on which defendant relies, is futther distinguished because it involves a plat filed with the town of Talty and building regulations of the same town. In Hartsell, the town of Talty had an ordinance in place regulating the filing of plats. 130 S.W.3d at 326. The developer filed a plat with the Town, which the Town first approved on January 10, 2001. Id. The town subsequently enacted an ordinance extending its building codes into its ETJ effective December 1, 2002. Id. The developer then filed a lawsuit against Talty seeking declaratory relief that it was not subject to the building code ordinance, which the court agreed. This set of facts is completely different from the present case. First, in Hartsell the plat was only one year old when 17 519 the ordinance was passed so the exemption in under§ 245.004 (1) did not apply; whereas, in this case, the exemption plainly applies. Second, the plat in this case was with the County and Little Elm, not with the Town, which is a different regulatory agency under§ 245.002. Section 245.002(a) states "[e]ach regulatory agency shall consider the approval.. .. " This indicates that there is a difference for filing with each regulatory agency. In Shumaker Ente1prises, Inc. v. City of Austin, the Austin Couti of Appeals ruled that filing an application with one regulatory agency (in Shumaker it was the county, as here), does not "freeze" or "vest" the regulations as to another regulatory agency (in Shumaker it was the city, as here). 325 S.W.3d 812 (Tex. App.-Austin 2010, no pet.). 10 The court stated, "under the plain language of the statute, therefore, the City must consider the application for a city permit solely on the basis of the requirements in effect at the time the application to the city was filed." Id. at 815. Defendant filed a permit application with the Lakewood Village on January 27, 2014. Under§ 245.002(a) and Shumaker, Lakewood Village is entitled to enforce its current regulations under the vested rights statute. The Austin Court in Shumaker additionally held that the filing of the permit with a different regulatory agency does not provide fair notice to another regulatory agency as required under the vested rights statute. 325 S.W.3d at 815. Not only did the defendant's predecessor developer file the plat with a different regulatory agency, but it failed to give the Town fair notice of the plat. Under chapter 245, vested rights only accrue on the filing of an original application or plan for development or plat application that "gives the regulatory agency fair 10 The Dallas Court of Appeals rejected an owner's somewhat similar vesting argument in 2218 B1J•an St., Ltd v. City of Dallas, 175 S.W.3d 58 (Tex. App.-Dallas, pet denied). The B1J•an case involved an owner who submitted an application for demolition during a moratorium while the city of Dallas was contemplating an historic overlay district. The district was passed and Dallas denied the application. There was no vesting because the original permit application was not "accepted" and therefore not "filed" as required by Chapter 245. Id Because the 1995 plat was never filed with the Town, it did not provide an avenue for vested rights with the Town. 18 520 notice of the project and the nature of the permit sought." TEX. Loe. Gov'T CODE § 245.002(a- 1). When the plat was filed in 1995, the Town was never given any type of notice regarding the plat filing or project at Sunrise Bay. Pursuant to§ 245.002(a-1), the Town is not bound by any 1995 vested rights under the plat. Stated simply, defendant's interest to pursue claimed property rights that are 19 years old is barred as a matter of law by Chapter 245. v. THE TOWN'S BUILDING PERMIT FEES ARE A PERMISSIBLE LICENSE FEE Defendant complains that the building permit and inspection fees assessed by the Town are an unconstitutional tax. See defendant's trial brief, p. 12. The Town objects to this issue as it has no relevance to injunctive relief. TRE 402. lfthe defendant files a counterclaim assetting this claim for relief, 11 it should be heard during the course of the case (or the case could be removed to U.S. District Coutt if federal constitutional claims are made). The claim for affirmative relief currently has no place at the injunction hearing. If the Court is inclined to rule on the constitutionality of the Town's building permit fees at a temporary injunction hearing, the Town is prepared to offer evidence that its fees are constitutional. At the beginning, statutes or ordinances imposing a license fee under police power are primafacie valid, and presumed to be reasonable. City of Forth Worth v. Gulf R~fining Co., et al., 83 S.W.2d 610, 618 (1935); City of Houston v. Harris County Outdoor Adver. Ass'n, 879 S.W.2d 322, 326 (Tex. App.-Houston [141h Dist.] 1994, writ denied), and the defendant as the 11 Often, these claims are affirmatively assetted by property owners as plaintiffs. See Lowenberg v. City qf Dallas, 261 S.W.3d 54 (Tex. 2008)(owners and operators of commercial buildings sued for unconstitutional taking under federal and state constitution for fire registration fee); Hmper v. City of Wichita Falls, 105 S.W.2d 743 (Tex. Civ. App. - Fort Wmth 1937 (propetty owner sued city for enjoin enforcement of its ordinances and fees thereunder); El Paso Apt. Ass'n v. City of El Paso, 415 Fed. Appx. 574, 2011 WL 811680 (5 1h Cir. 201 l)(owners and managers of apartinent coinplexes sued for federal constitutional claiins and injunctive relief);. These claiins are also at tilnes certified by a cornt of appeals to the Supreme Court. See Hurt v. Cooper, 110 S.W.2d 896 (1937)(Dallas Court of Appeals cettified 6 questions to be answered by the Supreme Court). 19 521 party attacking the fee has the burden to offer evidence to suppo1i this affirmative claim. See City of Forth Worth v. Gulf Refining Co., et al., 83 S.W.2d at 619 (1935); El Paso Apt. Association v. City of El Paso, 415 Fed. Appx. 574, 2011 WL 811680, *581 (5"' Cir. 201 l)(it is party attacking the fee's burden to show that the exaction bears no reasonable relationship to the duties to be performed by the city and its officers). The Texas Constitution, art. VIII sec. I (f) contains no provisions specifically limiting the amount of a licensing fee which may be imposed but the charge must be sufficient that such a charge is "reasonable for purposes of regulation when tested by general constitutional guaranties." City of Fort Worth v. Gu(( Refining Co, 83 S.W.2d at 619. The Supreme Comi has acknowledged that "it is sometimes difficult to determine whether a given enactment should be classified as a regulatory measure or as a tax measure." Hurt v. Cooper, 130 Tex. 433, 110 S.W.2d 896, 899 (1937). The principle of distinction generally recognized is that, ifthe primary purpose of the fee is for regulation, then it is a permissible regulatory fee; however, if the primary purpose of the fee is to raise revenue, then it is an unconstitutional occupation tax, regardless of the name by which it is designated. Hurt v. Cooper, 110 S.W.2d at 899; City qf Forth Worth, 83 S.W.2d at 617; City qf Houston, 879 S.W.2d at 326. The critical issue is whether the fee is intended to raise revenue in excess of that reasonably needed for regulation. Tex. Boll Weevil Eradication Found., Inc. v. Lewellen, 952 S.W.2d 454, 461 (Tex. 1997); see City qf Houston, 879 S. W.2d at 326 ("Before such legislation will be declared void, the unreasonable and oppressive nature of the exaction must be clearly apparent from the record."). If the actual conferral of regulatory authority shows that the charge was intended primarily for regulation, then it will be characterized as a license fee rather than taxes. TracFone Wireless, Inc., v. Commission on State Emergency, 397 S.W.3d 173 (Tex. 2013). Here, the Town's 20 522 building permit and inspection fees are calculated based on the cost recovery for direct labor costs for these services, materials in administering the permits, and administrative overhead costs for services, computers, utilities, etc. attributable to permitting and inspections. Just considering inspections alone, over 13 separate inspections are required by the Town during the construction of an approximate 10,000 square foot residential strncture on the Property. Together, all of these costs are $2.00 per air-conditioned square foot. The Town's fees have a direct relationship between the fees charged and the services provided, and the fees are reasonably necessary to cover the costs of regulation. Therefore, there is no unlawful occupation tax under Article VIII, Sec. 1(f) of the Texas Constitution VI. PRAYER A municipality is entitled to injunctive relief in district court to enjoin the violation of municipal ordinances or codes applicable in the ETJ. Tex. Civ. Prac. & Rem. Code§ 212.003(c). The defendant is violating the Town's ordinances and building codes, and therefore, the Town is entitled to injunctive relief. The Town seeks all other legal and equitable relief to which it is entitled. Respectfully submitted, WM. ANDREW MESSER STATE BAR No. 13472230 andy@txmunicipallaw.com JENNIFER W. DECURTIS STATE BAR No. 24045767 je1mifer@txmunicipallaw.com BRENDA MCDONALD STATE BAR No. 14993300 brenda@txmunicipalla\v.com MESSER ROCKEFELLER & FORT, PLLC 6351 PRESTON ROAD, SUITE 350 21 523  FRIBCO,TEXAS75034 972.668.6400-TELEPHONE 972.668.6414 - FACSIMILE Counsel for Plaintiff Town ofLakewood Village CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing brief was served on counsel of record in this case via e-service and email on April 14, 2014. Wl\1. ANDREW MESSER 22 524 Exhibit A 525  . r>-01 Resolution - Exhibit A TOWN Of<-, I ' AK . •Fv\/000 , Mt\PVII_, LAGE 01~ FICIAL Oak Point Little Elm City Limits Onl< Point ETJ l City Limits I I ) Little Elm ETJ ~ I 1r •• R~solut101 • 1 J ?-O - I Ol'iicial ivlnp J>ngc 2 of 2 526  ""'ft1621>1 ~·-: .... ---~------~-· .-~ ~ittie Elm .-- - -- 1. \ \ \ 527 Exhibit B 528  FORMS SURVEY ([ 3%0 Spinnaker Run Pointe JJ I I I j : / tor 82 ___. ...- Subdivision jj / _.-__ . .- """ / Boundary •.t.R)._·~· r :I L ot 83 ''" !>22' T_ "-. Dev Ji"1e ,-_., ~ ;tj;I I m.t sn ...X ~ ~- ; l:J I/ 9' "io "'~ mrr ·, ~ - - ·~J.l.R. ~~ "~1 a/. it;:: .,.. §.1 I B 585.8 S 43020'43" __ - -- - - ~ ··~-- B~.. -~ , , ... J _ , 111 ~ ....... ""1 I Q ti\f I - - -- - - __ __. • - - __. - o.o· -- 20.1 ' - --->t- - ' ' - .2 . '" 0 :<: 1 .,. , - I - - ( ) '1m1.. d< DR~~...- - - - - - : - • - ,.22.6' r:kof '_ ' , <,, 0.. _ ~':: '------lfo:t~i:;,.JiB.tic.~,__ - .22.1 4' .., - 91.e' ' · ,.._ , <.Pa 're><: 6 0 ~ ~ F.l.R+- -- -- - - -304.6' b i+O' .0 . ., , 9'o <'i ._. <'.(..$' z ~ ici • ~ n -...,JJ.6 ' ·' ... ~- ~ e " ~~-- ('~ ~ ~ ~I I i1:~i Zone "X" : ,.,,orrom"•:<>11n.1· '~~~-.2~0'\, .;. ~ rv> ~: / 109,072 sq. ft. (Unshaded) ---- ------------ ) ' ' ·o:: ~~ ~I / 2.50 acres /------- - ---- '~~ ~ j ~f; : ~ / _- !,' '~"e"AE" L- "----4---· "'.:,'~;,:;.';<.:;" :%."/ ' ,~, z"'"' .._.+=--....w.:.~m.1t R1Wo,~r. - . ------ - - - r-:.. I-- - - unr _.._ - - - -·- fn" - - - - - - - - - - - , ' ~, ::: F.l.R. I -- -:.II!- ~ 11!!!!!}. fJfi!!£r. ,__ - -~-----r--- -• --------- Q... : N34°54'll"W295.77' - - N38°21'36"W491.89' P.f.R. ~, --- ~ ~,;g:· ... ------------•• •-\ '" / I ~ \ Subdiv1s1on \ v 4 \ Boundary U.S.A. / • L ot 85 / Lake Lewisville Resorvoir ~ ·, D;1tc: 03 V1 J.J ASC N o. 140J7S Drown/Cb!< L.O. I D.L.A. PROPERTY DESCRIPTION: Lot 84, Block l of Sunrise Bay at La.kc Lewisville, an addition to the Town ofLinle Elm. L.£(;"f. ND•C,M.• ConU'Ollitl$ M~i: FJ..R.• f.'o.drtonltod; , ,l.r,• Founli lmnf'ip.:; Denton County, Texas, according to lhe Plat !hereof recorded F.C.P~ Fftrec_,.~o·re-o~ EJttottk, $.LJt• Scl ito9 Rods ltr d·~ .....~ in Cabinet L, Page 224, Plat Records of Denton Co\lllty, Texas. yclk).t.· ci,Jl11~•Mbu:SUl''l'e)'i"C,~... Atl (ouudiron l\'llh MC l/l" ~..lbt Ollwl'wiwlGOll. - • - {(Ned { posl) - OHC - (vowl!Glld~) •1.000 i"'O'ff..: It Is "'1 ~ dut Ille- ptOFmy1bcn),Qd ~ is.PJfli;tllylt'iOIJ" Qe: tt»..,.ntf\ood'tOMoot0tc'C'Ol\l.nct.o1tcrdenl~M:iiu~111.~FlooJ tmllrllpClc R• e M•p eoi.tl~r.d Nci..fll ISl a.ill Q. pn:to.-.. El'f~-nl..c 0..11: oft1"1p April IS.lOl l,hcrcia~Ut11i1edwilt!in 7..oee·x:•cvrutodcd). 7.ooc"AE'"". 529  20140123 This product is ftlrinro:matlonal purposes ond mi!y not have been prepared for or be suilable for legal. tmgineering, or surveying purposes. It does not represent an on-the-ground survey and represents only tl'IC approlcimate 0 95 190 relative location of property boundanes Techriology C.enion County does not guaran!ec the ccrrectness or accuracy of any features on ihis product and ~erv1ces http://gis.dentoncounty.com <1ssumes no responsibility in connection tl1crc.>v1illl. @MMMi@ . . . . . ., This product may be revised at any time W.1Mut 530 no65cation IO any user.  This product is forinformal ionnl purposos and rray not have been prepared for or be auiteble for legal, onginoering, or surveying purposes. It does notrepresentnn on-the11round eurvey and represen1S only the approximate 0 80 160 rolalivs location of property boundaries. Osnt:ln County does not ouarantaethe correc1ness oroc:curacy of any features on this product and http://gis. dentoncou nty.com assumes no rti"..ponsibility In connection therewith. This product may be revised ot ony time without notificalion b any user. 531 Exhibit C 532 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the Plumbing Permit Application for 3964 Spinnaker Run Pointe dated April 18, 2013. The same appear ofrecord in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certify that I arn the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawfu] possessor and keeper of the records in said office. In witness whereofl have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014. 533  o___ EWooo ~VILLAGE PLUMBING PERMIT APPLICANT DATE LJ-1r--13 NAME ADDRESS PHONE DESCRIPTION & DRAWING DESCRIBE WHERE THE PLUMBING WILL BE PLACED ON YOUR PROPERTY. 5 ~+ 1{{(,·J Lt- K.l 1'!'/l OYfl U, 7J ( 1<- PLOT PLAN 534  ··Cqprevent an outdoor slab fror:1 being placed < ' j~ting customer-owned (pnvate) undergro 1 'e :·such as in the case of sidewalks and open 'r:'.forohibition on piping within a slab is app ~$!c:ibs. Exceptions 1 and 2 relate to Sec s.ee the. commentary for that section ( j~ry~ Figure 404.14.1 ). ;rP~<.._.'.''-.... 1 Figure 404.11 GAS PIPING IN CONDUIT • ·o. . 11. .~ . .,,.=. ·- . "". . contained in the manufacturer's installation instruc- is inserted in a piping material for fu~l\' tions. Gas outlets for CSST systems must be installed buildings. · i:;. with the termination fitting designed specifically for \ Figure 404.14.1 that purpose and provided by the CSST manufacturer. •!•Because of the potential hazard associat~' ~LLATION OF PLASTIC TO METALLIC PIPING '4.14 Plastic pipe. The installation of plastic pipe shall com- use of a material that has lower resistance}t r with Sections 404.14.1 through 404.14.3. damage and heat as compared to metallicp,'i nnections. Connections made outside-and unc lation of plastic pipe and tubing is limiteqtq':.: , een metallic and plastic piping shall be made c Thi~ section places restrictions on the location and op- are both outside of the building and und on fittings categorized as Category I in accorda 9rating pressur~s for plastic pipe in addition to stating Plastic pipe and tubing are widely use.d::.: 'n2sl3. nstallat1on requirements specific to plastic pipe. ground gas distribution systems because.oft of installation and inherent resistance· '<:{ to L14.1 Limitations. Plastic pipe shall be installed outside ·~,installation of plastic piping is allowed o Polyethylene (PE) pipe is the only allowatil• lerground only. Plastic pipe shall not be used within or both outside and underground, the same pipe for use with LP-gas, and the code us.erl ler any building or slab or be operated at pressures greater '",Int holds for joining plastic and metallic pipi1 to the referenced standard, NFPA 58, whiGi:l;, 1 l 00 psig (689 k:Pa) for natural gas or 30 psig (207 kPa) for i9al compression joints use an elastor:iE that PE piping materials comply with A!?~ · gas. :must be compatible not only with the ~1p The exception makes it clear that if an eqµi¥ of physical protection is installed, plasticpjp. .but also with the gas that is conveyed in 1 ~xceptions: minate above ground outside of the buildirig.: j;ffhe manufacturer's instructions normally 1. Plastic pipe shall be permitted to terminate above mon practice for gas utility companies6:t se of ah internal stiffener insert in conjuncti ~~~:'..'fi#inrt +" ... :-,.J....J!.$..:--- 1 - · · - - __ ...1. '""T"'t. ··~t- . .~ ground outside of buildings where installed in pre-manufactured riser assemblies at theirfrne premanufactured anodeless risers or service head tinrtc Qr • .--h ~:---- ..... · 535 adapter iisers that ;;u·"' 1nt:t"' 11,,;i ;~ ~~-----' - Steve Freeman From: Wayne Snell Sent: Wednesday, April 24, 2013 2:56 PM To: Steve Freeman Subject: IFGC SECTION 403 (IFGS) PIPING MATERIALS 403.1 General. Materials used for piping systems shall comply with the requirements of this chapter or shall be approved. 403.2 Used materials. Pipe, fittings, valves and other materials shall not be used again except where they are free of foreign materials and have been ascertained to be adequate for the service intended. 403.3 Other materials. Material not covered by the standards specifications listed herein shall be investigated and tested to determine that it is safe and suitable for the proposed service, and, in addition, shall be recommended for that service by the manufacturer and shall be approved by the code official. 403.4 Metallic pipe. Metallic pipe shall comply with Sections 403.4.1 through 403.4.4. 403.4.l Cast iron. Cast-iron pipe shall not be used. 403.4.2 Steel. Steel and wrought-iron pipe shall be at least of standard weight (Schedule 40) and shalI comply with one of the following standards: 1. ASME B 36.10, IOM; 2. ASTM A 53; or 3. ASTM A 106. 403.4.3 Copper and brass. Copper and brass pipe shall not be used if the gas contains more than an average of 0.3 grains of hydrogen sulfide per I 00 standard cubic feet of gas (0.7 milligrams per 100 liters). Threaded copper, brass and aluminum-alloy pipe shall not be used with gases corrosive to such materials. 403.4.4Aluminum.Aluminum-alloy pipe shall complywith ASTMB24 I (except that the use of alloy 5456 is prohibited), and shall be marked at each end of each length indicating compliance. Aluminum-alloy pipe shall be coated to protect against external corrosion where it is in contact with masomy, plaster, or insulation, or is subject to repeated wettings by such liquids aswater, detergents, or sewage. Aluminum-alloy pipe shall not be used in exterior locations or underground. 403.5 Metallic tubiitg. Seamless copper, aluminum alloy and steel tubing shall not be used with gases corrosive to such materials. 403.5.l Steel tubing. Steel tubing shall comply withASTM A 254 or ASTM A 539. 403.5.2 Copper and brass tubing. Copper tubing shall comply with Standard TypeKor L ofASTMB88 orASTM B 280. Copper and brass tubing shall not be used if the gas contains more than an average of0.3 grains of hydrogen sulfide per 100 standard cubic feet of gas (0. 7 milligrams per 100 liters). 403.5.3 Aluminum tubing. Aluminum-alloy tubing shall comply with ASTM B 210 or ASTM B 241. Aluminum- alloy tubing shall be coated to protect against external corrosion where it is in contact with masonry, plaster or insulation, or is subject to repeated wettings by such liquids 1 536 as water, detergent or sewage. Aluminum-alloy tubing shall not be used in exterior locations or underground. 403.5.4 Corrugated stainless steel tubing. Conugated stainless steel tubing shall be listed in accordance with ANSI LC 1/CSA 6.26. 403.6 Plastic pipe, tubing and fittings. Plastic pipe, tubing and fittings used to supply fuel gas shalt be used outdoors, underground, only, and shall confo1m to ASTM D 2513. Pipe shall be marked "Gas" and "ASTM D 2513." 403.6.l Anodeless risers. Plastic pipe, tubing and anodeless risers shall comply with the following: I. Factory-assembled anodeless risers shall be rcconnnended by the manufacturer for the gas used and shall be leak tested by the manufacturer in accordance with written procedures. 2. Service head adapters and field-assembled anodeless risers incorporating service head adapters shall be recommended by the manufacturer for the gas used, and shall be designed and ce1tified to meet the requirements of Category I of ASTM D 2513, and U.S. Department of Transportation, Code of Federal Regulations, Title 49, Part 192.28l(e). The manufacturer shall provide the user with qualified installation instructions as prescribed by the U.S. Depattment of Transportation, Code of Federal Regulations, Title 49, Part l 92.283(b ). 403.6.2 LP-gas systems. The use of plastic pipe, tubing and fittings in undiluted liquefied petroleum gas piping systems shall be in accordance with NFPA 58. 403.6.3 Regulator vent piping. Plastic pipe, tubing and fittings used to connect regulator vents to remote vent tenninations shall be PVC confonning to UL 651. PVC vent piping shall not be installed indoors. 403.7 Workmanship and defects. Pipe, tubing and fittings shall be clear and free from cutting burrs and defects in structure or threading, and shall be thoroughly brushed, and chip and scale blown. Defects in pipe, tubing and fittings shall not be repaired. Defective pipe, tubing and fittings shall be replaced (see Section 406.1.2). 403.8 Protective coating. Where in contact with material or atmosphere exerting a con-osive action, metallic piping and fittings coated with a con-osion-resistant material shall be used. External or internal coatings or linings used on piping or components shall not be considered as adding strength. 403.9 Metallic pipe threads. Metallic pipe and fitting threads shall be taper pipe threads and shall complywithASMEB 1.20. l. 403.9.1 Damaged threads. Pipe with threads that are stripped, chipped, con-oded or otherwise damaged shall not be used. Where a weld opens during the operation of cutting or threading, that pottion of the pipe shall not be used. 403.9.2 Number of threads. Field threading of metallic pipe shall be in accordance with Table 403.9.2. 403.9.3 Thread compounds. Thread Goint) compounds (pipe dope) shall be resistant to the action ofliquefied petroleum gas or to any other chemical constituents of the gases to be conducted through the piping. 403.10 Metallic piping joints and fittings. The type of piping joint used shall be suitable for the pressure-temperature conditions and shall be selected giving consideration to joint tightness and mechanical strength under the service conditions. The 2 537 joint shall be able to sustain the maximum end force caused by the internal pressure and any additional forces caused by temperature expansion or contraction, vibration, fatigue or the weight of the pipe and its contents. TABLE 403.9.2 SPECIFICATIONS FOR THREADING METALLIC PIPE IRON PIPE SIZE (inches) APPROXIMATE LENGTH OF THREADED PORTION (inches) APPROXIMATE NUMBER OF THREADS TO BE CUT 1h 3/4 10 3/4 3/4 10 1 1/s 10 11/4 1 11 l 1h 1 11 2 1 Il 21h J1h 12 311/z12 4 ls/s13 For SI: I inch= 25.4 mm. 403.10. I Pipe joints. Pipe joints shall be threaded, flanged, brazed or welded. Where nonfenous pipe is brazed, the brazing materials shall have a melting point in excess of I ,000°F (538°C). Brazing alloys shal1 not contain more than 0.05-percent phosphorus. 403.10.2 Tubing joints. Tubing joints shall be either made with approved gas tubing fittings or brazed with a material having a melting point in excess of l,000°F (538°C).Brazing alloys shall not containmore than 0.05-percent phosphorus. 403.10.3 Flared joints. Flared joints shall be used only in systems constructed from nonfenous pipe and tubing where experience or tests have demonstrated that the joint is suitable for the conditions and where provisions are made in the design to prevent separation of the joints. 403.10.4 Metallic fittings. Metallic fittings shall comply with the following: 1. Threaded fittings in sizes larger than 4 inches ( 102 mm) shall not be used except where approved. 2. Fittings used with steel or wrought-iron pipe shall be steel, brass, bronze, malleable iron or cast iron. 3. Fittings used with copper or brass pipe shall be copper, brass or bronze. 4. Fittings used with aluminum-alloy pipe shall be of aluminum alloy. 5. Cast-iron fittings: 5.1. Flanges shall be permitted. 5.2. Bushings shall not be used. 5 .3. Fittings shall not be used in systems containing flammable gas-air mixtures. 5.4. Fittings in sizes 4 inches (102 mm) and larger shall not be used indoors except where approved. 5.5. Fittings in sizes 6 inches (152 mm) and larger shall not be used except where approved. 6. Aluminum-alloy fittings. Threads shall not form the joint seal. 7. Zinc aluminum-alloy fittings. Fittings shall not be used in systems containing flammable gas-air mixtures. 8. Special fittings. Fittings such as couplings, proprietary- type joints, saddle tees, gland-type compression fittings, and flared, flareless or compression-type tubing fittings shall be: used within the fitting manufacturer's pressure-temperature recommendations; 3 538 used within the service conditions anticipated with respect to vibrntion, fatigue, thermal expansion or contrnction; installed or braced to prevent separation of the joint by gas pressure or external physical damage; and shall be approved. 403.1 1 Plastic pipe, joints and fittings. Plastic pipe, tubing and fillings shall be joined in accordance with the manufacturer's instructions. Such joint shall comply with the following: I. The joint shall be designed and installed so that the longitudinal p11ll-out 1·csistancc of the join! will be al le.1st cqunl to the tensile strength of the plastic piping nwlcrial. 2. l leat-fusion joints shall he made in accordance with qualified procedures that have been established and proven by test to produce gas-tight joints al least as strong as the pipe or lubing being joined. Joints shall be made with the joining method recommended by the pipe manufacturer. Heat fu sion fittings shall be marked "ASTM D 25 13." 3. Where compression-type mechanical joints are used, the gasket material in the fitting shall be compatible with the plastic piping and with the gas distributed by the system. An internal tubular rigid stiffener shall be used in conjunction with the fitting. The stiffener shall be flush with the end of the pipe or lubing and shall extend at least to the outside end of the compression fitting when installed. The sti ffener shall be free of rough or sharp edges and shall not be a force fit in the plastic. Split tubular stiffeners shall not be used. 4. Plastic piping joints and fittings for use in liquefied petroleum gas piping systems shall be in accordance with NFPA 58. 403.12 Flanges. All flanges shall comply with ASME 816.1 , ASM EB 16.20 orMSSSP-6. The pressure-temperature ratings shall equal or exceed that required by the application. 403.12.J Flange fac ings. Standard facings shall be permitted for use tmder this code. Where 150-pound {1034 kPa) pressure-rated steel flanges are bolted to Class 125 cast-iron flanges, the raised face on the steel flange shall be removed. 403.12.2 Lapped flanges. Lapped flanges shall be used only above ground or in exposed locations accessible for inspection. 403. l 3 f lange gnskets. Material for gaskets shall be capable of withstanding the design temperature and pressure of the piping system, and the chemical constituents of the gas being conducted, without change to its chemical and physical properties. The effects of fire exposure to the joint shall be considered in choosing material. Acceptable materials include metal or metal-jacketed asbestos (plain or con-ugated), asbestos, and aluminum "O" rings and spiral wound metal gaskets. When a flanged joint is opened, the gasket shall be replaced. Full-face gaskets shal l be used with all bronze and cast-iron flanges . If you have any questions or if I can be of any assistance please let me know. Thank You Wayne K. Snell Jr., C.B.O., Building Official Development Services Town of Prosper www.prospertx.gov 4 539 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of tickets for inspections perfo1med at 3964 Spinnaker Run Pointe dated April 23, 2013 through August 20, 2013. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I fu1ther certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereofI 11ave hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014. LitldaiSlien, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas 540  uu NUT REMOVE TICKET FROM INSPECTION P~CKEl Project Address 3q b 4 Sf )'I"),~ tiJ1- Builder1s Name- - - - - - - - - - - - - Comments PASS FAIL Re-lnsQection Fee R~quired Inspector Date YES NO 541  UV l~UI KtMOVE TICKET FROM INSPECTION PACKEl Project Address ,3lJ l ~ ,Sp m~ Builder's Name_ _ _ _ _ _ _ _ _ _ __ Comments FAIL Inspector Date 5 I Re-lnsP.ection Fee R~auired YES NO 542  Kl:MOVE TICKET FROM INSPECTION PACKEl e, UV NUI Project Address 2>9 b 4 &p {Yl()(ili.g,,_ e ;:;t- f1 I Bui Ider 1s Name- - - - - - - - - - - - - Comments Type of Inspection P~S FAIL ~AtW . - .r~ Re-lnsP.ection Fee R~quired Inspector Date f)- 2.().; YES NO 543 Exhibit D 544 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instmments are full, true and correct copies of the Pool Enclosure Permit Application for 3904 Spinnaker Run Pointe dated March 18, 2013. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereof! have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014. Lil1da;\;en, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas 545  1\ !)p( \l) ~21,,. I Jq lj) INSPECTIONS copy· ,, ,......----.._ " -j{µ.t:_,~r(@LrNJ '•L it)"~ ff~~==----_ JFlEl~CCE JP>EJR.IVillI'f '-_LJ\J~JEWOOD d")5 •00 ..J>..., -- . ~=------VILLAGE AJI InstaUations Subjecr j To FieJcJ Jnsoections and DATE ____ I : ____ _ ___, I inspecto( ) \PP• uvaj I PROf-'H ffV O W MER :!1H=ot~ M y\"fl!:OM l'JAME I ' - -· - - I . I '· -'·"· __.__ _ __ I , - .- - - -- I I _ I _:__ - - - - -- -- - ' I I I \ ' I. . 1! ' 1 I I l I ADDRESS _ _ .:. - -!-- - .,- !;-- r··!...r··_;_ _,-__ _ •-- ·- ' _.',_t_ - - - - - - ·- -- ' PHONE - - -- - ' t I ·- I -·- . -- ---··- -·- ~ --·- ' !- - .'- ......, ·-- - COl\l'lnAC-W R Xl\J fORMt.\TltOl\J (I F .'Ji.PPL'.CCABU'.:) (Note: Contractor must register witl1 the Town) NAME _ ,_ J.L JLi.~1 ·-· -~ ···'~--· ·'- ·7 ·- ·· - ·- - - - -·-- - - - - - AD DRESS / I I ....- \, - ·°;-l-,l-!..!.---- . .' I! - - ( --. - -- I -/- 1 -- · J. / • ' ' I ' • PHONE ~f / 1~ -- ---~._~_il/ _·- - - FENCi: IS FENCE A POOL ENCLOSURE?( Y ~ r l\J (If yes, !~150 fee applies and must meet more stringent pool enclosu re guidelines to pass inspection) , I . HEIGHT I ( LENGTH .'\ ' I/ Ii' I I ·/ / - ...:..:...,'-+•'' r- . I MATERIAL TO BE USED I/ . - - -- WATERFRONT PROPER1Y Y or N NOTE: Fence cannot impede 01· change drainage on property. DE:SCtUPHOl\J & DRl.\W!i\IG DESCRIBE Wf-? RE THE FENCE WILL ~E PLACED ON ;ouR PROPERTY. - --L.)<...JL JI - t.;l:L\J~LL. .JJl.'.-. r_.LJJ•:-:. . ,,), --·_ , !.. (9,,) JC:.$ • ~~~41J- ' I /) cl r l.l I _ _i)c...:n ·1~.:..> p .:u'J. ( I ·-!L_,,J-°f __ ,)4('-'i.d-t b _6 . __L_l) tJ? / /(,., .·""( 76•/.tl • AJJ 11 .s;..c-Cil011S Shall Comply-with · 20D6 iRC Requtrernenc - ·- ·-- - -- ·- - ··-···-- ··- - - ·- - - - ·- &A:ctoptect-efdir=taftCes - - - -- - - - -- - - -- ----- --- - - -- - ·- -- ·- -- - - - 546  t ANDOJCAPf.: Tl INSPECTIONS COPY 547  INSPECTIONS COPY APPENDIXG SWIMMING POOLS, SPAS AND HOT TUBS SECTION AG104 SECTION AG101 SPAS AND HOT TUBS GENERAL AG104.l Permanently installed spas and hot tubs. Pelma· AG 101.1 General. The provisions of this nppendix shall con- nently installed spas and hot tubs shall be designed and con- trol the design and construction of swimming pools, spas and structed in conformance with ANSI/NSPI-3 as listed in hot tubs installcd in or on the lot of none- or two-family dwell- Section AG108. ing. AG104.2 Portable spas and hot tubs. Portnble spns and hot tubs shall be designed and constructed in conformance with ANSl/NSPI-6 ns listed in Section AG108. SECTION AG102 DEFINITIONS AG102.l General. For the purposes of these requirements, the SECTION AG105 terms used shall be defined ns follows and as set forth in Chap- BARRIER RJ:QUIREMENTS ter 2. AGlOS.1 Application. The provisions of this chapter shall ABOVE-GROUND/ON-GROUND POOL. See "Swim· control the design of barriers for residential swimming pools, ming pool." spas and hot tubs. These design controls are intended to pro- vide protection against potential drownings and nenr- BARRIER. A fence, wall, building wall or combination thereof which completely surrounds the swimming pool nnd drownings by restricting nccess to swimming pools, spas and obstructs access to the swimming pool. hot tubs. HOT TUB. See "Swimming pool." AGlOS.2 Outdoor swimming pool. An outdoor swimming pool, including an in-groua.d, above-ground or on-ground IN-GROUND POOL. See "Swimming pool." pool, hot tub or spa shall be surrounded by a barrier which shall comply with the following: RESIDENTIAL. That which is siiuated on the premises of a detached one· or two-family dwelling or n one-family town- 1. The top of the barrier shall be at least 48 inches (1219 house not more than three stories in height. mm) above grade measured on lhe side of the barrier which faces away from the swimming pool. The mnxi- SPA, NONPORTABLE. See "Swlnuning pool." mum vertical clearance between grade nnd the bottom of SPA, PORTABLE. A nonpermanent structure intended for the barrier shall be 2 inches (51 mm) measured on the recreational bathing, in which all controls, water-heating and side of the barrier which fnces away from the swimming water-circulating equipment are nn integml part of the product. pool. Where the top of the pool structure is nbove grade, such as on above-ground pool, the barrier may be at SWIMMING POOL. Any structure intended for swimming ground level, such as the pool st.ructure, or mounted on or recreational bathing that contains water over 24 inches (610 top of the pool structure. Where the barrier is mounted on mm) deep. This includes in-ground, above-ground and top of the pool structure, the maximum vertical clearance on-ground swimming pools, hot tubs nnd spas. between the top of the pool structure and the bottom of SWIMMING POOL1 INDOOR. A swimming pool which is the barrier shall be 4 inches (102 mm). totally contained within a structure nnd surrounded on all four 2. Openings in the banier sbnll not allow passage of a sides by the walls of the enclosing structure. 4-inch-diameter (102 mm) sphere. SWIMMING POOL, OUTDOOR. Any swimming pool 3. Solid barriers which do not have openings, such as a which is not an indoor pool. masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. SECTION AG103 4. Where the bnrrieriscomposed of horizontal nnd verticnl SWIMMING POOLS members and the distance between the tops of the hori- AG103.1 ln·ground pools. In-ground pools shall be designed zontal members is less than 45 inches (1143 mm), the and constructed In confonnance with ANSI/NSPI-5 as listed in horizontal members shall be located on the swimming Section AG108. pool side of the fence. Spacing between vertical mem- bers shall not exceed 13/4 inches (44 mm) in width. AG103.2 Above-ground and on-ground pools. Above- Where there nredecoratlve cutouts within vertical mem· ground and on-ground pools shall be designed and constructed bers, spacing within the cutouts shall not exceed 1% in conformance with ANSI/NSPI-4 ns listed in Section AGl 08. inches (44 mm) In width. 2006 INTERNATIONAL RESIDENTIAL CODE~ 609 548 APPENDIX G INSPECTIONS COPY 5. Where the brurier is composed of horizontal and vertical is not less than the protection afforded by Item members and the distance between the tops of the hori- 9.1 or9.2 described above. zontnl members is 45 inches ( 1143 mm) or more. spacing I0. Where un above-ground pool structure is used as a bar- between vertical members shall not exceed4 inches ( 102 rier or where the barrier is mounted on top of tlle pool mm). Where there are decorative cutouts within vertical structure, and the means of access ls a ladderorsteps: members, spacing within the cutouts shall not exceed l '14 inches (44 mm) in width.. 10.1. The ladder or steps shall be capable of being secured, locked or removed to prevent access; or 6. Maximum mesh size for chain link fences shall be n 21/~-inch (57 mm) square unless the fence has slats fog,. I0.2. The ladder or steps shall be surrounded by a tened al the top or the bottom which reduce the openings bartler which meets the requirements of Sec- to not more than 1 3/ 4 inches (44 mm). tion AG 105.2, Items 1 througb 9. When the lad- der or steps are secured, locked or removed, any 7. Where the barrier is composed of diagonal members, opening created shall not allow the passage of a such as a lattice fence, the maximum opening fanned by 4-inch-diameter (l 02 mm) sphere. the diagonal members shall not be more than P/4 inches (44mm). AG105.3 Indoor swimming pool. Walls surrounding an indoor swimming pool shall comply with Section AGI05.2, 8. Access gates shall comply with the requirements of Sec- Item 9. tion AGI05.2, Items 1through7, and shall be equipped to accommodate a locking devrce. Pedestrian access AGlOS.4 Prohibited locntions. Barriers shall be located to gates shall open outward away from the pool and shall be prohibit permanent structures, equipment or similar objects self-closing and have a self-latching device. Gates other from being used to climb them. than pedestrian access gales shall have a self-latching AGlOS.5 Barrier exceptions. Spas or hot tubs with n safety device. Where the release mechanism of the self-latch- cover which complies with ASTM F l346, as listed in Section ing device is located less than 54 inches (1372 mm) from AG 107, shall be exempt from the provisions of this appendix. the bottom of the gate, the release mechanism and open- ings shall comply with the following: 8.1. The release mechanism sliall be located on the SECTION AG106 pool side of the gote at least 3 inches (76 mm) ENTRAPMENT PROTECTION FOR SWIMMING below the top of the gate; and POOL AND SPA SUCTION OUTLETS 8.2. The gate and barrier shall have no opening larger AG106.l General. Suction outlets shall be designed to pro- than 1/ 2 inch (13 nun) within 18 inches (457 mm) duce circulation throughout the pool or spa. Single-outlet sys- of the release mechanism. tems, such ns automatic vacuum cleaner systems, or multiple suction outlets, whether isolated by valves or otherwise, shall 9. Where a wall of a dwelling serves as part of the barrier, be protected against user entrapment. one of the following conditions shall be met: AG106.:2 Suction fittings. Pool and spo. suction outlets shall 9.1. The pool shall be equipped with n powered safety have a cover that conforms to ANSI/ASME Al 12. 19.8M, or an cover in compliance with ASTM F 1346; or 18 inch x 23 inch (457 mm by 584 mm) drain grate orlarger, or D 9.2. Doors with direct access to the pool through that an approved channel drain system. wall shall be equipped witl1 an alarm which pro- Exception: Surface skimmers duces an audible warning when the door and/orits I screen, if present, are opened. TI1e alarm shall be AG106.3 Atmospheric vacuum reliefsystem required. Pool listed in accordance with UL 20!7. The audible and spa single- or multiple-outlet circulation systems shall be alann shall activate within 7 seconds nnd sound equipped with atmospheric vacuum relief should grate covers continuously for a minimum of 30 seconds after located therein become missing or broken. This vacuum relief the door and/or its screen, if present, are opened system shall include et lenst one approved or engineered and be capable of being heard throughout the method of the type specified herein, as follows: house during normal household activities. The l. Safety vacuum release system confotming to ASME alarm shall automatically reset under all condi- Al 12.19.17; or tions. The alann system shall be equipped with a 2. An npproved gravity drainage system. manual means, such as touch pad or switch, to temporarily deactivate the alann for a single open- AG 106.4 Dual drain separation. Single or multiple pump cir- ing. Deactivation shall last for not more than 15 culation systems have a minimum of two suction outlets of the seconds. The deactivation switch(es) shnll be approved type. A minimum horizontal or verticnl distance of 3 located at least 54 inches (1372 mm) above the feet (914 mm) shall separate the outlets. These suction outlets threshold of tl1e door; or shall be piped so that water is drawn through them simulta- 9.3. Other means of protection, such as self-closing neously through a vacuum-relief-protected line to the pump or doors with self-liltchlng devices, which are pumps. approved by the governing body, shall be accept- AG106.S Pool cleaner fittings. Where provided, vacuum or able so long as the degree of protection afforded pressure cleaner fitting(s) shall be locnted in an nccessible posi- 610 2006 INTERNATIONAL RESIDENTIAL CODE0 549 Exhibit E 550 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify} in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the Residential Pool/Spa Permit Application for 6613 Autumn Mist Cove dated January 10, 2012. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village} Denton County, Texas. and are kept in said office. I further certify that I am the Town Sec1·etary of the Town of Lakewood Village, that I have legal custody of said records, and tbat I am a lawful possessor and keeper of the records in said office. In witness whereof! have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014. ~J o~ OQ. 551  \N~~PLCTlONS COPY RESIDENTIAL SWIMMING POOL/SPA PERMIT APPLICATION ' Projecl Address: (rlR,l3 /JUJ()Jfi/'-t'\ n\l~ ~ (PRINT LEGl13LY) Legal Descriplion: Lot .3L Block _L Subdivision ~\tt"£BA{ Phase _ _ _ Prope11y Owner: ~ ~M.. OwnerPhone:~)?tt-t-:. ~ Contraclor Name (Com 11111y) Contact Name Contact Phone Number Plumbing: registrntion with the Town nnd be in good stnnding in order for npplicntions to be accepted or proces~cd. TYPE Ofc WORI<: ~I/Spa Combinationv Pool-lnground Pool-Above Ground j Spa Only ~~ (SELECT ONE) Valuation of Work:$ \\D Ff: .- ls~t;are Footage (Total Arca): l,_,µ>~ . . .\,. .___ Henter: ~ NQ Diving nonrd:~ NO P-Trft!li YES/~ (If yes: LP Gn~--;r:> (P-Trap & 13nckwnsh line rcquh·cd on nil sanitary sewer properties) (LP Gas requires Railroad Commission paperwork be provided in permit bag prior to pool final.) Deel< encroaching into drainage casement shall not be a structural clement of the pool structure. New Fences surrounding pools, not done by pool contrnctor, require separate permits nnd arc subject to special requirements. (Refer to Appendix G, Section AGlOS, 2006 me, for Pool Barrier Req uire ments) EVERY PERMIT ISSUED SHALL BECOME rNVALID UNLESS Tiii: WORK ON THE SITE AUTHOIHZF.D BY SUCH PERMIT IS COMPLETED WITHIN 90 DAYS i\FTER ISSUANCE. ALL PERMITS REQUIRE FINAL I NSl'i':CTION. I HtREUY CERTIFY THAT I llAVE READ AND EXAMINED THIS APPLICATION ANO KNOW TllF. SAME TO OE TRUE AND CORRECT. ALL PROVISIONS OF LA \VS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL OE COMPLIED WITH WHETHER SPECIFIED OR NOT. HIE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTllORITY TO VIOLATE OR CANCEi. TllE PROVISIONS OF ANY OTHER STATE OR LOCAi. LAW REOULATING•CRST ,. ION OR Tl IE PERFOI MANCE OF CONSTRUCTION. l[ Signature of Applicant: .ill( Date: \-~-\;2-- Z!hf -~-~~S Phone: _ _ __ __ _ Permit Fee: $ Permits expire nflcr 90 dnys of issuance. Permits arc not transferable. Revised 11-14-06 552  ·TU' ir CO"Y \N1. ~\~·~.i~JL~cX!:i.ol'l, 1~·01< n~v.1J:LOJ>i\1 .•11·~ T .1:EHtv.o'r (!i.'fH' ) cn:11Ju) Denton Couuly Flood lJamugo l'revculiou Ordi 1111ncc _E.!a1111i_11g_Dcparl~~~entou County, Tcxns _ l'ART Jl · l'IWPEll'I'\' JNHOH.MA'J'JON DCAD'R ' /! : __ _j_£;it~~---- l.1111d t\r\'n (/\cre.s): - · - - :2 • t_q (I_, (_ Owner's First Nome: . V)·! -0 11 Owner's Address: -;:::J, ·- ..jj -- Owner':) Lnsl Name: .---~·__J.:17ii;"J1-:> t>ro 11 ~ny is pnr~ Nome: -~l'\1'3:L ~-_:- 2r n su11<11v1~19L: ~:J~U 6? fa.k'\':.~:-':!~~r _ ~.•u.. '°~ ,,-· own t r's Cily, S1ntc, Zip: _ _ __ IJ Properly Is 1rn1 t of nu Abs trncr: Number: _ _ _ __ l'hMc: Olock: ~. Lot ~·\ 7,iT T-~ ~--~=- _ _'.'\.1. ___ --· · - - - - - - - _ =-= Nome: - - --- DC1\ D Trocr: ___ County Tntl·t: - - -- PAll'J' C ·· DEVJrt,OPMEN'J' lNFOlUvJ,\ TION Application is for: n Homt• 0 Mttu1Lfnc111recl l11>11~·~ 0 JJ:xcnv1lllon/.l7Jll (~l"Olhcr (i f 1'0 1hcr", d:_scdbc (~ prop?scd i mprovement un. !he lhio hclow) \ l'v-. LIJ q~P~\~-f11- I£U.~f2Ct. .. _ 7 n11t1r1t11ttS.am~1;g..f.1~~ -~- ~-t _ _ ll AdclrmorJ.loadNii~ ...~J.~ 1.>/tJ 1·1tJ 1J:.Wf.·u t1eniA1ttfras5·Rw111<•s1aJ: Q 1) {}0' lQ Pm:im1 f!__L_ A l'l'LI CAN'I' MUST ATTACH A srm PLAN IJJIO\\ITNG LOCA'l'l()N 0 11 PROPOSED AND ~XJS'J'ING [j\tlJ'JWVE:MEN'l'S, TliglH l>JS1'ANCE ·ro AT 1.EAS'J' ·rwo l'lWl'RH'n' Ll NJJ:S, )) l ~TANCF. Fl\OM Tflto: J~N'J'RY JtOAD, NOllTJJ Annow snOWlNG OlUlUffATrON OF L'lWl'mU\', l'Io:Ri\l]'f ,\Pl'JCATION FHOJvr TflR 11ll'ill MARSHAL AND ANY 01'lffir:. REQUTRIU> DOCUJ\fENTA~----· - - - - · C.7 L1J-l{l'nlon C'o1111ty in tho cvwt floodini: or flood dam<11<'Jpacity cJcsif!nated, if'1111y. w1d l\1rthcr ottc~ts thnt she/he h~.~ rend 1his ilr1c11111ent, and thal the stotcn1c111 rontnincd 1i~w111 mid (•11y att11d11ncnts nro t111e, nccumte nnd foctunl. Vlol11llon or this vcrlnc11Uon nm~· resu lt In Applkllllt br.lnc 1itusccull'll 1111<1cr Tc.m s l!Mnl Code §J'/.10 (n) (J) ..., ,..- ,. Al lT ))~i:~a~~:·=~~~) 11 ~ ·t~- ' ff.Rcqut'SI Architcc1t1rnl Plans he returned upc>11 t1pproval Date: - ~llf\J~-.p-- - ----·-- /]' itot.fJ'{"f> I' ARTE - DEN'!'ON C:OUJ~ Q'_t: 'E ONLY Ct.. /!J!L.Qff,lli__ Use Q1.1l'Lf. l'c1111it Nu111lm: _).'.O.\l__J~t_ _, ..._ _ ~;~~t•licl:.-~'.)~.ili.l -·-- -~~------- FlltM l'om:I ti: ..!lt11!!.~l.Ld.2 .:// _j ·(r~_ Check fl: _ lhwicwcr: ·-----~-~..:_(_ - · ln Sri IA: .c.Yl..@) _ Zono: ---f~ __ 1:11gi11eeru111 Hcvicw: (YI (NI NOrul.:._.• -·- ----- NOl.Wl( :_- _ Fir< l\'la1shnl l\ :1111i1: II (9110) .3 119-:1,990: Mniu (l). 553 *· HA1 'tr 1"f?r t l)· qu · 554  \ , i"('')Y \ l·~1 ' ,, I 1 Jl .} ) " ~I e- 8 fl) . L I L . OJ ~~ iv 555 J"""IN<:::1C Vl""'.l./C::K ~ e;, ~ ---- . DIG TESS ~A'r!:---- 41sc;,__~~~~~~- l&"'c>Ut • ~ .OSE IN (NUMBER OF SECTIONS) ;vi=..RSE GATE (NUlllSCR OF GATES) LAY\!N ~GATE LATCH (MUM8ER OF LATCMES) )I) GATE SPi!ING (NUMBER OF GATES) ,.. !r STAI.I. BEVELEO AAn.S (UNEAA Fa:T) Alf' ':II FENCE INCLUDED JN CONTRACT lW FENCE OFF CONTRACT BY OTI-reRS 100.C I~ .osE AND CODE BY OTHERS 1234567890 llSl.ER WORK SY R!VEBBENO SANDLER POOLS MPORARY S?RllOO..ER RE-ROlSTC RIHlCl.ER R&ROl.1TE Rml.ed pool trucked to a dump site over 3 miles from the POOL srre......·---·--·······-···· I I I I ~-Ttrenleui·red equipment to excavate Buyers POOL Site win be Large ' I I t-end loader will be required to move pool soil to a remote dump true.!< I I I I I 1..~rsllt~the pool site......•............................••.....•.....•.•..•.·-··········-····-·······-·· I I day of Excavation, we will pre grade or cut down yarct_Q Feet at~ I STORA6E ROOM I I. We will remove__ilSquare Feet of Concrete. We will~ cut_ I I •*'ieetof concrete. III C..AStlNA 3'I" ~ ~ Il o STRUCTURE I I I l&>1 structure wm be built for Normal Soil conditions as stated on Contrac I I the nomial structure due to soil conditions. if any. are as follows: 1 e'74 s.r. I (o Piers: Heljg! Pjer Steel Sdledute: SuPCr Structure ·~boc:rn I I Gunite: Ngpc Chemical lnjeclion: CbeiDlcat lD : ~CONCREre I SINK I s : 5. Seller win install three (3) gunite steps per plan lhat totaULs«uare feet in th I 31"~~ ..., I the depth of lhe third step wiU vary depending on the step locations. The folio I ,, I ~~ I 0 I additional structural items are included in the pool: I t'I I #of Benches:l.....Total ~Fl ....... Sundeck #"l__Total Square =nc:rot.o I ~ I 1: of t.oveseats:.2._Pool Out of Ground:_ _ _ Expanded Pool Beam: I R I I I TILE/COPING I I 6. Seller to install~ ft. of 6" c:eramic waterl'ine 1ile and.Q._ ft. of 6" rock 1ile as l l QCl 1. Seller win use decorative masonry materials to cons1n.lct pool as specified on I · ·-.,\ q] ELECTRICAL 8. Selle1's electrical installation wm meet current National Electrical Codes and k -----------------------------------------~-----~-~--J'if\ codes and includes complete wiring of all equipmerit shown. 9. SeUer has included an brass and PVC conduit necessary for proper eledrica} I'~/\~ ~ I EQUIPMENT / 10.Filter. Jandy NL Backwash Vlv U~tion Pump: INTELLIFLO fU1v } 11. Automatic Time Clock & Freeze Sensor included for the Circulation p6mp if c not selected. / 12.Chlorine Dispenser . Rainbow 320. Optional Adn Fee Required Yes No 567 DO NOT REMOVE TICKET FROM INSPECTION PACKET . Project Address {;6 )3 AJi-Jlr\. Ao&'\~ Builder's Name fu~ PASS FAIL OK to proceed Call for re-inspeclion 568  DO NOT REMOVE TICKET FROM INSPEf TION PACKET . . Project Address f}j; 6 tJvklfiVI. M dt C0 o~ Builder's Name ills~ 6~~ :omments Type of Inspection PASS FAIL OK to proceed Call for re·inspectlon Re·inspection Fee Required YES NO 569  DO NOT RE~OVE TICKET FROM /NSPEf~ION PACKET Proiect Address f> 61},_ ~ J..Jv,gr Ctm.,, Builder's Name CJ eJ6.A 61>~ ~omments FAIL Call for re·inspection Town Permit Number Re~inspection Fee Required YES NO Town of Lakewood Village • 100 South Highridge Drive • Lakewood Village, TX 7 068 • 972-294-5555 570  DO NOT REMOVE TICKET FROM INSPECTION PACKET :~: : ;.: : :- - t.6r-+-·_. .1"'-1~"-~" "'=- ?0v. -.f-"J'~ dz'- 'oQ. ._,._.,t. _ .:'" "'"'. . _:-· -'c(}...~..._. . . _, ! - Comments Type of Inspection PASS FAIL 0 Call for re·lnspecUon Town Permit Number Realnspection Fee Required YES NO Town of Lakewood Village • 100 South Highridge Drive • Lakewood Village, TX 75068 • 972-294-5555 571  ................ ...........,, ..__ ---···-·.~ Builder's Name COMMENTS Reinspecfion Fee Required Yes No 572  00 NOT REMOVE TICKET Fj~.OM ll';ISPECTION PACKET Project Address W 3 /-lvif.opi, A!Jsc 61L Builder's Name ~(b... (t?A.J~ Comments FAIL Inspector 573 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of tickets for inspections performed at 66 13 Autumn Mist Cove dated January 16, 2012 through August 21, 2012. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. l further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. fn witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014. Linda Asbell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas 574  t... Town of DO NOT REMOVE TICKET FROM INSPECTION PACKET ~~Lakewood Village Typeoflnspection Opto ~ed callfo~~!s;ction Builder's Name COMMENTS ---------- Reinspecti tJvkt{!n Al\ d'r ( 0 ot, Builder's Name 04 J~ 6~(NU.! .........._ :omments Type of Inspection PASS FAIL OK to proceed Call for re·inspectton Re-inspection Fee Required YES NO 583  DO NOT RE~OVE TICKET FROM INSPEjC~ION PACKET Project Address t 61},_ ~ ;(Lgr-- cfuti, Builder's Name C) er)6.A 61>~ ~omments FAIL Call for re·inspection Town Permit Number Re~inspection Fee Required YES NO Town of Lakewood Village • 100 South Highridge Drive • Lakewood Village, TX 7 068 • 972-294·5555 584  ' Tor~uof DO NOT REMOVE TICKET FROM INSPECTION PACKET :~~:::;.:~:::s~~-6. ._ _ .{~j" " '":.t«,:,._· L.t-_,_ ?i.: ~: : ~: oQ~J:0: : _:-_· ~_@'b"o"~tb~-"'~_-_- ,,'f))OOd l/t> ~~. ) : .'r .. ~ _\~~;:y,:~.. s ' Comments Type of Inspection PASS FAIL 0 Call for re·lnspecUon Town Permit Number Re-Inspection Fee Required YES NO Town of Lakewood Village • 100 South Hlghridge Drive • Lakewood Village, TX 75068 • 972-294-5555 585  DO NOT REMOVE TICKET FROM IN~t"a::v • ·-· ... FAIL - Project Address Builder's Name COMMENTS Reinspectfon Fee Required Yes No 586  IJO NOT REMOVE TICKET F;~M lt';ISPECTION PACKET Project Address W 3 !lvrkJA A\Jsc 61L Builder's Name ~lb.. {eA..J~ FAIL Inspector Date 587 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) l hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and conect copies of the letter from Linda Asbell to Jason Goodman dated February 21, 2012. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary ofthe Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014. ~lo'=fcl,..,boOO ~;bell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas 588 February 21 , 2012 Mr. Jason Goodman, 6613 Autumn Mist Cove Little Elm, TX 75068 VIA: Hand Delivery & USPS Regular Delivery RE: Pool Permit Dear Mr. Goodman; The Town of Lakewood Village would like to welcome you to the area. Although you received conflicting information from Denton County about the permitting process for your property, we have resolved this issue with them. The Town of Lakewood Village is the permitting authority for any construction on properties located inside the Lakewood Village Extra Territorial Jurisdiction (ETJ). ln 2009 the Texas Legislature adopted provisions that requires counties to adopt all applicable construction (plumbing, electrical, residential etc.) in the unincorporated areas. That same legislation stated that if the unincorporated property is located in · the ETJ of a municipality and that municipality has adopted construction codes then the municipal codes prevail. In January 2010 the Town of Lakewood Village began issuing permits and performing inspections in the ETJ. We have staff available to assist you if you have any questions throughout your building process so please fee l free to contact us at any time. As your property is located in the ETJ it is required that you apply for, and receive, an approved building permit prior to beginning any construction. The builder and subcontractors will be required to register with the Town prior to beginning work on the property. Please contact me directly if you have any questions. Sincerely, Linda Asbell Town Secretary Linda Asbell, Town Secretary linda@lakewoodvillagetx.us 100 Highridge Drive, Lakewood Village, Texas 75068 972-294-5555, 972-292-0812 fax www.lalcewoodvillagetx.us 589 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instrnments are fu ll, trne and correct copies of the Cabana/Outdoor Kitchen Permit Application for 6613 Autmnn Mist Cove dated April 3, 2012. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014. Linda Asbell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas 590  /\f(''l' ilt~ I/ ?. 20I 7- .J__.,,- J-- \c)>l(,1,_:-l (QQ/rfL s ' LENGTH TYPE .....C.rl-fi~.,_'_ __ COLOR DESCRIPTION & DRJl WING DESCRIBE WHERE TH E PATIO W l l.l. BE PLACED ON YOUR PROPERTY. ,;· .. ,. . ) / ; .... /, ) ( PLOT PLAN t:. /.-c /,.,. ( . / Jr' N•" 1/I ~ . /, Is , 7 'I •/ '( flu.1)1 '"\( ) -· C' ,)(1 •\,... lviil··{ ,.... · 6~ s. %1(.,/ -· t./ 7 .r ·· ')/ s·-; Cv··c.'> f~ «'>') ~.. . / j '1°U - 'j l ':I- · '(.i.> ( ?~ 1\11 111:;1: illi liio11:· f;11hj 1-:1~t t\11 If ISfJ Ui :tlu11t .. :11.ill 1;or11ply Wllh . J(1 I .i!'Id I11 ~ iIJ ()cl ill 11 ~ ~ J \11 d ,>(HJI\ 11 11 : Iluqttl ru111u11k li lf.pUt :i< II' /\ppiLN~ll 1 /(, 1 \dnptrn J ( 11·<111111111 ,1Jt: DRAW PATIO, ALONG W ITH HOUSE LOCATION IN THI S BOX. ·- · - - - -- - - -- - - - - -----' 591  (j) ~f :l . C/1 ~ ~a ;,j I ~ \ ~ ., 0 z ·7:~ ..,;.,. !, . ~· ~ ·~ 't ~ !•t· 0 "O ..;a '"O C'J H,,:.: 0 '' 'I 11 . (/) i:- &; U'' r ;t ·. C'J 0 --. ·~ .. :~ ~~ 0 ,tTl .. 'A ;. ... ·'·· .....:) ~ I •; ~ (~ j :z 0 m ,,..,\a,,. 7- 0 r...; 1U' b ~ JASOI"'-' GOODiVIAN ____::::::;-,!]' -'-' Chlldroc!l Englnoorlntt Scrvlc•~ " 1N1...v -Jii.l.:t "l fl•J SUNntSE OAY AT LAI;l• •l ~:.!" !':~?:. .? LOT: 91 BLOCI<: 1 PLAN: POOL , ! ~ ' "" ~'' " ' . <,.., , •.,,,..., . .. Ju•' l ~.J 592 ·~~~~~~~~~  . ;..t) I ·· •· I 1 i I ,." ;i ~ - ;_ ~1 ~-- ~r"·~-- ~·-1·,~ 1 .·:,·, . ••• ' "I t' ___ . l. ·I. )• .: -_,_:_1 - ··Jlri-·1--,;:~ . ·''' _,;,. ,,,. r ' ..~ , _ .,. ~ !:·; ' I .. " I . . !' 1 I I I I I • _ ../ I I I - . .~·! .. I I I j I I) ........; - - !,...L _""·~ ''I .. '/'-- - .:- •!' •• ,. ·:'.i:· - · I I I\: I\ ·~!· ~j~- ! , - __.,) 111 II .. !tr:.: :... '\".,-; - 5· . !'I -1d- - .: ' i:-r:'· .•' "· f' ~c;.i:i -"' \ UI• 11.: I\ ,, .. ,"• . ,; rr~·; · :. 1 II ' ::... ;:. ' I ,~ " ·1~i:i.. l 11: ~ ~~ i, .,, . 1~ I I ,1;_ " 'I I~ ,,\ !.'.),...I' " "" II• I .tJ,,. •) •1 , .•". I I t t - l~ t~ · . l·..:.:.":_t__J_•·J ' I : t I \r .., ,, I 4 .:..:.t:..:_t__JJ~i ' ·'· . I I it I I l ..J'""' :.....• ~ 6613 AUTUMN MIST COVE, LITTLE ELM, TEXAS £. :·_ -·· : 'CJ r,;• :::~!:~ 11I;: LOT: 91 BLOCI<: 1 ; _ _ _ _ __,.___'_·"-"·-"'- PLAN: POOL._•._ '· - ' ·~_ _,._~_,.._,,_,._ •¥•_ · _--1 593  ..., I. \' ' ! f ., . ·,. 1, All II 1spevtlons I 'r : ~h allCon1pl9 Willl ?.CHH1 lliC Flequ~ rnments & Adopted Ordinances I 1····1 1· . ~\\\ \n~;ta\\ationn. ~1 lbjcct lo I : ic~ld lr1 f;pur,t1on~ And ~ . lnLpector Approval I I . ;: ..~~z' ,··~I • ·.',r:, • (..' ' I ,Ih I ct 2:: '1~ ': -·j1-· ,, .'I (:· ' (. ':·\ I,< ~ lII '. ' .. I ~ .."}·, .,, 1'I' I r. ..' I I I 11 • I I I 11 rL,l"J / 1;/ «{'il /cM /tvq/fv 594  ;·1·:\.. , : I I• I' ••• •.• :·:· ·;· -. : 'Iit \ . . . '. r ... 1 • '. . .. .I ' I ·. .. ' /-' . ...:·1 ........ 1'' ·. .. \ \ . .' ·. \ «) ' :::-'- ~. !·1 ... ; .. . \' \ .,_ \\ i >· l··· ··/~ ,.' . " ··-. . .. .....: i ,':_. ~ ... :. r ' •. ~ .. . ..> "'· ,... I. 1-. 595  1' I " .. I • I ' .\ ·. ~\ : . . ,. , \' i·. •."·'_) , , I .... ., 'l .. .... i . ' I':. I ; I I ; : \. . .\ =-· 596  ,• \ \ \ \ \ ·--.... ' I •' ./ -c:-.> : ::t=- ~ : :- \ l ..... · -~ - .• • J • I (I) ~I~ (.f) C.1 ") ,-;.. <.I> ' • ~' I .... (') ·- -- ::: (,) '( I I l·. ...... (..) (I) ... ; :· '"O () 'J> (D :::.1 -~ J $_1. UJ ./ ...n c;· 0 c:.n =.s ..- < <.n E"r S.\'> ..,...,,."'-'- • - -=1 - 0 . . ! ' .......... ~ i I I i i .· ./ ~ I .. .f t ·• .: : .'-:· .::, ' ,/ 1 '. / t ! ,• .' / I _·: . • I 1' .. ·' ,' ....' / I ... I I -" ! I ' ' .,I ... f . ._ ··'·· .. ., l .•... ~· ... / ... '· \ ·1 '\ ·. 598  \..> \ ) II I. .. I I 599 Aui.ur0 Gar.19e 0001~ - Over 60 yc~rs of guJgc dont nia1111r.1e1urh19 cxccllcncp:•!t:r .·: . 1'i. .. ! t l .\ f ":11••,•1 ;..!.~II .Ila ' ci1 ):U' l 1i •'111!1p:1't H• 'f· l ~ 'f•111 r.: l " I;• 1 1~\· 1111t! p.·r·•111.1Ht:· ·i! IJ :1•: aht1ui1110 1• Intl · ;.. \ .. .11 1 ., ,, ;l , iro:·:~n 1 ·:·1i;u; ... 1.1.1 l j, . ,, '!itl:"~' •i• J!'. E. ;H·,• .•: \• •Il l' .:h it· "ill1 1h1· p·~·:·1 · · ·~ 1 1~: 1 11 11 t•• \ • •d J l n •H I• . ...,_ . . . . .r,-.·-". -~· ,. Clean, simple tines and a full Wrought Iron ornamental ~..o.-J..-~ view with this contco1porilry beauty odclcd to your garage tfll .l :..-......-..- ..a.-,... _,"'. . . .,.,:a[........ .. garage door. n-Valuc: N/A Wnrranty: 5 Yrs Price:$$$$$ tloor. R·Valuci 13 Warronly: 2 Yrs Prlca: WI:$$ GARAGE ooons llERS n ACCESSORIES "OEl'On£ YOU nuv SERVICE n SUPPOnT noon DESIGUER MV FAVORITES AGOUT US DOOR l>ESIGU COllTEST C0j1•1ri9ht © 2011 · Arnarr Garapc Doors • 1·600·503-IJOOn (JG07) htt11://1wN1.am~rr.com/ roshfonti~I/ oar aoo_doors/ specialty /~II P~oc l of I 600 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, trne and correct copies of the Pool Enclosme Permit Application for 6613 Autumn Mist Cove dated June 4, 2012. The same appear ofrecord in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certify that 1 am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014. 601  f(l.(>t h,,11 <:0111µ1y With ·..; .e.JU 11lC HPqulru11lonti DATE -~-L/ - I L t.\ /\c lr 1ptHd Ord111m w11• PROPERTY OWNER INFORMATION ;J NAME J"0 5-dl'-- G ~d )'vd ..,"\ :::::ss ~{_ fLE !J(:J&t_lf/\._<}_f_-+=_0_0_l(_ ___ CONTRACTOR IN FORMATION (IF APPLICABLE) (Note: Contractor ~flt re?ister with the Town) \ ,, . NAME L 'J-.f/tlh, c. ~h l(I c \ .•.J I ~h vv-v lf ADDRESS &°t f7D . (_,~, ,d /Jt..-&vt4.='" { / V' ~W1"' (/7...,. 1f PHONE UY-· cz >:z - >1'6w FENCE rs FENCE A POOL ENCLOSURE'?\.l~or N (If yes, $150 fee applies and must meet more stringent pool enclosure guldelinds to pass inspection) \ HEIGHT Y' LENGTH ) Q MATERIAL TO BE USED ·Tr·,.,. 1---.. . WATERFRONT PROPERTY(!) or N NOTE: Fence cannot impede or change drainage on property. / l , If, 1•• , . , .( r •\, C'l r• '"J l l')j . ·' .iI'1\. t'.. '1 ,011 1" , ln ,-h; 1t wpuction~ /\t 1d ,~J J!)f JUCLOI . nppnJVCJ " I 602 DRAWING PLOT PLAN \ I .I I \ \ ~- ---------- - ------· DRAW FENCE, ALONG WITH HOUSE LOCATION IN THIS BOX. 603  .;..:...,----'--------. -.·---___;... _.:.., ____ ______________ ____ _ :,;.....;. ..;._ __;.;,;.;,..;.;_·:_·~·--~--~-~~- Surveyed By: Ordered By: .·Allegiance Titl · 33ofEJdoradc ··TerraCorp "r'o.ur Rcsourcf! For Rcsulrs! ... t\iiegr~"Q!;g ~~-,~e;2: ~ .. ~".~· ..faX:·9ii-562-0 :. . ·: . . . TerraCorp·Assodzites LLC # 1o1858-00 · ww11'cterracorpsurvey.cortj · 3960 Broadway Blvd. ·orders@terraco~psur¥ey_com . Suite236 {P) 972~SOS-4526 ~tand; TX 75043 {F} 972-805-4$27 I LOT 90. 604  \ \ ., \ .\ \ \ i· l :f . : { ... \ . . ~. . : ' .... \ ' i . 605  Property Address: TerraCorp Order No.: 661 3 Autu;nn Mist:Cove, Little Elm. TX 75068 TX11091002 Client Order Number: Completed Date: l 11 8769; A;-~K 09/06 /11 Certified To: Jason A. Gooarrian; Allegiance Title Coi:npany Legal Description: Lot 91. BloCl(l. Si:nrise Bay at Lake-LeWisvil!e, an Addition to Denton County. Texas, acco~ding to Map or Plat Thereof R~corded in Cabinet L ?age(s), 224 of the Map and/or Plat Records of Denton County. Texas. '~~~;::. ::~ -: - : . . . :::·: :· ·: · : .. _: ...: NOTES 1. Bearings shown hereon are based on NAD83(CORS96, EPOCH 2002) tied to tl . ...... Texas Coordinate System of 1983, North Central Zone (4202) using the Geoshacl ~GeoNet• RTK GPS Network. "IONUMENT ' 424-43 . ·o {CM) The convergence/mapping angle is 00°50'12" with a combined scale factor of 0.999852061. 'J'> 2. The following items are from Schedule B. Commitment for litie Insurance, Ste1 litle Gi.!aranty Company, GF No. 1~t1873~ALMK, issued August 30.-2011. 1Oc. A fifty foot 'building line along the front property line as set out on plat reco1 n Cabinet L, Page 224 of the Plat Records of Denton County. Texas. iOd. The Slope.€asement. Utility. Drainage and Flowage Easement(s) as set o recordad plat recorded in Cabinet l, Page 224 of the Plat Records of Der Count'/, Texas. 1Oe. Flowage Easement described in instrument recorded in Volume 463. Pag< 444. of the Deed Records, Denton COunty, ·Te.xa s. ' r-t..~D N'Vrt: Subject property is shown on the National Flood insurance Pr<>sram Flood lnsur..mce Rate for Denton County. Texas-and lncerporated />.Teas. Map No. 48121C041SG, ~a!ed Apn118. \. 2011. All or \hsstibject.property appears to be located in."Zone X", "Zone X{Shaded) and - ? "Zone AE" on $aid map. Relevant zone is deflfled on said tnaP as follows: "Zone X" - Are \~ •\ % . ""~ determined to,be outside ·the 0.2% annual chance 11ood. _"Zone.X (Shaded)" - Areas of o~ annual cnatice flood· areas if 1 % annual ¢'lance flood l..Vith average depths less than ~ fOOI 606 · - • ~n""'" mite: and areas protected by levees from 1% annu . ..... · ...  :~~ .. ·_.444. of the Deed Records, ·Denton Coonfy, Taxa s.. .... · . . "f .. · ,',·::::::·:··•"" I .···;~iZ~.~·~f::~~~\~:i~d~~~~p. 2011. AU oHhe'subfect-propef.fy:~ppears . ~o,:~'::~~~~J\f[~.,t1f.~~ X:; ".Zone X{Shaded}~ryd ~~~~°:1o:d:~~~~~~~~t\ll'~~~:~;:~;:o~~f~ ~ . '· :, annual chance flood;. .~~.~· .t%.ann~ri~hance•flood W!lh ave~e depths Jess than .t;foot or . , with araif'la$e are~-:~~htjaif 1 ~ar~wit~; and area~:protectEld by levees f!'.om 1%"ann1.131 . chan~:.fl.?Od· "Zq~;~~·:-:~~al::Acioo Hazard A~~ (SFHAs} subiect to inundation by the 15 annuat chance fi~·:·aase:. flOOd efevatiohs deterrmned. •, ·• j ~ > -o>.~ . . . :.~,.' ···sRF,.W/ . . . ..$UNCON'" LEGEND l hereby .certify that th~ plat repi'esents)he results of a stirvey .-CAP (CM) A/C..•.....•.. AtR CONDrnON made on the· ground the ts't day of September 2011. on. I (CM)..........CONlROL ·M~M£NT . ~ . CMP........•.. CORRAGATB) ·METAL fff. co.............Q ...EANOUT. . . .Signed Sttl° day· ofAugust 2011 SRF•...••••.•• STEEV.RCO: FOUND TEL .......... TEtEPijON£:".Ptµ)ESTAL lRANS.:...• .El:.EClRSC' ·TRANSFORMER (.).•..........?LAT/DEED'.·CAU.s· WM ............ WA1ER METER· 60 607 Exhibit F 608 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, trne and correct copies of the builder's plans for "3950 Spinaker Run Pointe Rd.". The same appear ofrecord in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014. 609  GENERAL CONTRACTORS NOTES GENERAL FRAMING NOTES BUILDER COPY 1.)Prior to any construction. the Conttacior shall tamiliallu 1.)Structure was designed in accordance to the International 7134 himseff with the Contract Documents and Specif1Catlons. Iha Building Code 2003 Eartion. Plans, lnol\Jdlng all notes. the Ci1y Standard Oe!ails and Spediealions end any olhet appieable Standards or 2.)All joists and raftetS shaft be aligned over studs below. Specifications relevam to Ille - oompletion ol tile wOO< specified. Failure on the part of the Contractor to familiarize 3.)All exterior eomen Qnside and OUI) sllaR be braced as 101.30/13 himseff with all s1andards and specifica1ions pertaini<111 to the required. Special city wind streng1h ordinances m")' apply '"'°'shall in no~ n11;.,ve the ConlraClot of responsibDi!y for pe!forming the wOO< il1 aceoical framing ~-........, ..._..._... All lnstanalions Subject >I 5.)h will be lhe responsibility of each con1ractor to Pck top lnspcctor Ai>ll'OV!ll z ,.... utitily eornpan"'5 f0< ~ne locaticns prior to the commencement of stud walls lo align fascia. of construction and shal assume fuU tiabilily 10 those cxirnpanies '~'"' f0< any damages caused to their facilities. 1O.)Wood connecfions to be Simpson ties or equivalent. ~~ ~ <._; ~ ~ I I SHEET INDEX ~ 6.)The Cot1tracl0< shall be respons.ble for ptoviding the required 11.)All structural steel shaft be A36 exeept TS shapes shaa be VICINITY MAP I z~ constrUciion stalling r1E!OOS""'Y to complete u·ie u:rnstructioo lri A500 GR. B. 8t'"'1 joists and joisl girders shall meet all .., ·0 0\:.,.) r_. accordance with the plans and specifications. specifications of Ille latest S.J.1. edition. Fy:SO KSI. All bolted I cs COVER SHEET ,.... 0.... connections shaU use a325 bolls unless noted otherwise. All A1 PL.AN OVERVIEW 7.)The Cootractor shall be responsible fo( providing and welds shaD be made usil1g E70 electrodes. Headed studs shaft / A2 FIRST FLO O R P L AN z~ z maintaining all necessary barricading and all other warning and be N&lson or better. Temporary construction bracing of the A3 SECOND FLOOR PLAN z~ ;:J safely devices to protect the public safely and hea111 until au structural steel frame shall remain in place url1ll after the floor / A4 FRONT/ REAR ELEVATIONS 00 ,,_ , wortc has been completed and accepted. and roof deck attachments have been completed and all permanent bracing has been installed. AS A6 LEFT/RIGHT ELEVATIONS R O OF/ PLAT PLAN 3 ~:: 8.)11 any unforeseen problems or eonllicts are encountered In GENERAL CONCRETE NOTES A7 CROSS SECTI ONS ~Q: ~ the course or construcrkln, for which an immediate solution is Sl FOUNDATION/PLUMBING .,;;;,,,, 00 v. 1.)0o not use foundation outline plan for actual construction. S2 ROOF FRAMING not apparen1, the Engineer and Owner shaD be nolified. Foundation documenl$ must be dr3\Wl & sealed by a ~toted ...... ~ 0 ~-... S3 DOOR/ WINDOW S C HEDULES engineer. Peskusld Home Design assumes no responsibDi!y f<>< D1 CONSTRUCTION DETAILS 9.)The Contractor shall be responsible f0< removing any existing slab strength or integrity. El FIRST FLOOR ELECTR I CAL ON~ struc:lure$, fences. debris,"' tmes that are located wi111in the E2 SECOND FLOOR ELECTRICAL boundaries ol this project, unless otherwise noted on the plans. 2.)Concrete shall have a mininum compressive strength of =>---~ 3000 psi at 28 days. Reinforcing steel shaA be ASTM A615 s0ttn resolved. Welded wire fabric and wire shaD be lapped the spacing "'the cross wire$ plus 2". cs 610  PTu\Nl\O. 7134 nxr~; 01'22114 % ~ ~ le~ ;;. ; "~ 0 * ~ ~ ..~ ~ :::::: '!f ~ \2 _/ / lVI.ASON.RY MAILBOX I 2~ i '.£; 0.. _, ! I ~ :r.: "'~ \ ;: ~ ,-.. 0 "' v 0 LAKE LEWISVILLE z ,,....,_ < r~-., <-o RESOVOIR ...,, v• • ~~ :;... - ~ ,,. ~,,._; z ORAINAIJE' oz .,_, ~ - , .... 0 - ~ ( A S INOICATE01 -- zs Zoo s ~ ·-··-~···-- · - <~ ~ ~~ 00 0 ~ ,.-, ~ -~ ~1-i -- ~ ~~ 0w ~ H '° ~ ~ < SITTi'ET SITE PLAN SCAL1•1: I" - :i()' C-1 611  Pr.ANNO. FLOQR A,AN P'SCV.IMEB 'fteOIEHOW.~'IUi.orlt StWJ..~NGVl'M'Y I_ _ _ ~- 1"I' ~t::#- ML M DIMENSIONS UW.JtRLIU.AHO TOCONTillOI. llEOWrUYY T>EREOF. AU. WOf'IC PERFORMED OH 1'IC$ P'RC).ECT 5)WJ. MEET OltOX:O:O ™ICl.WllEN'I" mn'IONOI- THl!UNFORM 8'M.OIHG 11.-05113 COOE,»IOAU.~STATE.t.NOLOCALONllfiWCES. C:OOUNC> REOU.A'nOHS. INCWDN3JHtOIEO OR HCIMlOWtG ~T'IONMSl'AICTIOHS. "8ICUSIOHCUl.OISIOHSt-WJ.ll HOT'AED llAEOIATElY CS NttDl9CREl'~wnMN THESE ~~~~~~-~-~-~- ----· NOTES: 1, COMPt.YWl'n4 AU. STATE. COUNTY. ANO LOCAL BUIU>ING CODES.. ORDINANCES ANO REGULATIONS PERTANNG TO CC>N$TRUCnOM. 2. CONNECT,)YATER."°"5~STO 0 ;iv~s.~Wm<~ " @MINMIMF1MIS>fSDFlOOREL£VAT10HWILLBSAT ._\ LEAST :r ABOVE MINIMUM FEMA~OO vrNt a..EVATlON;, OR AS NOTEO ON StTE. I FOO~ GRADE MIN~LOCAl..COOEAT~ WAUS. 1NTEJOOR llEAAINGJ'.OOTIHOS IS' INTO MA~1JNCESSO~ a.. ~~~~.~~ (_~MEE~ --~STW~ ~r· 1. VENT AU. PLWSING STACKS TO "£AA OF HOUSE ,, 8. ~ HEJGHTS SHO\YN ARE TOP OF W'fHOt:NI HEIGHTS 9. PERSECTION907.2..t8,t 18CSMOKE DETECTOR LOCATIOMS SHOWN ON ELECTRICAL PUI<. 10. ot.ENSIONS ANO SCALE CH..Y ACCURATE IF FIBSTFLOOR Pl.OtTEO ON 2'"'Xla" PAO€. AREAS TOTAL LIVING GARAGES 2 CARS 618 2 CARS 618 SHOP 221 PORCHES ENTRY· GATE 1 7S ENTRY· F"RONT DOOR 1 23 PRIVATE 82 SACK SNGLE VOLUME 471 BACK DBL VOLUME SOS GARAGES/PORCHES 2813 ll-'_ _ _ _ _ ._., it.111~ TOTAL UNDER ROOF" ~ ToFkJidi~b/ ~ ; 111SJ:>ect~A""--1Wldll-----------------ill s~ShJs•Comply -.,,..uv:v Will> !RC Scciion R311.S l ~~~~~~~~--+-· PLAN OVERVIEW SHEET srAHll: 3/.-l'l" - 1• SECOND FLOOR --·---, , __ / A-1 612  PT.AK NO. NOTES: t. eot.d"~YWl'T1'4 AU. STATE. OOUHTY. AHOU:X:.t.L 7134 SIJl.OINO COOES. OROIH4HC6/IHO REGUlATIOHS Pml.-.JNING TOOONSntUCTIOtt 2. COHNl'.CTWA'TVlOA.l. NIO rucmic U..ES TO !lCIS~VTIJTES H~WJTHlOCAL QTY llAOIHGCOOES. If HEEOm. ).. ~ FIMtSH(Df:l.OOR fUVAnoN WU. I i AT l£>,$T Z' AOC>\'E •....,,.,.. FtMA 100 ~ R.000 EL£VATION, ~-'S NOTED ON Sn1.. ' · AU. f'-OOTINQS ro E>CTSm saow GRJrO£ 11,{)5/13 ..-........ AS PER l..OCAI.. ooog Al 8ENtlNG WALLS. INT£JtlOR ~ FOQT1HGS f'" IMTO HAT\IW. GltM>i UHLES$ OTHfR'MS£ NOTED. s. EXTERIOR WIJ.J.S 2'" xr S1\.IO fRAMHG v.t1lf VEHE'.ERSAS sa.ECTED. 6. IMVtKllltWAUS T x.-mX>OSTUOWfT'H SHUTAOCK 'N1. !XCUTYM!ftl!! ~ A.S S" 'i> \'-. WAU. FOR PU,ltdl!!ING SIA'Pl.:rAHO Vtfm ~F~li=~~~-:""if!F*E!::Ei~SJ!i~~~~~~~-+--i"4tk7~ 1. VENT AU.PUIMBINOSTAOCS TO RIAAOIHOoSE ' t~ ~ HOGHTS StO'M ARf TCP Of'WIJC>OW ~fl t. PERSECTIQHf/t17,2.tl. tllCSMOk'! ,~ " ~CTORtOC...TIOHS~ONa.ECTRICAL !';- ,7 1Q. D&IDCSIOHSMOSCtilONLYACCIJRATEIF ~ A.on£00H 24'"X36" PAGE. 11. WINDOW ~HUCHTS TO MATCH EXISTlNG WINDOW$ UtC.E.SS NOTU> OT'HfRWISI. 12. OIMENSaONS SHOWN MIAStJAE TOSl\IOW..U. • TMICtOTINOS. ~OCI<. ~ J;?;;iN?I .JvV<~::J' ttC.,....,..,;z_1 l':"'r tf s f- i ··-··- ··-··-··-..- ··- ··7· - ··· .1 :d ~I ~I ~I ~I I ----1 -----------..j.l!::~ql~ ... ~~~~~ I ~{ I fm~ FIRST FLOOR SITTI!lJl' PUN SC..\_LE: 3/l(i" - 1' A-2A 613  PT.~NNO. NOTES: 1. COMPt.YWITHH.L ST4TI., C:OlMTY.NiD\.IXAL 8VtLDING C:ODU. OROINAHCES ANO A;EGUtJ,TIONS PP:T.\IHING TO CONSTRUCTION. 2. CONNECT WATER. G4$. NCO ELECTRIC UN!S TO 7134 !XISTINC UTUT'IES IN ~E wmtWCAL CITY BUl.DIMG CODES. IF NEEOED. S..M11'1MUM Fll'CSHEO FlOOR ELEV4TlON WIU. 8£ AT llATffi UAST 2' AICM! MIMIMUM r:tMA 100 WM FlOOO EUVATK>N. OR A$tfOTtD OH SfTE. 4 , AU. FOOTIHGS TO IEXTDOIEl.OWGftAOE: M~ AS PER LOCAL CClOE ATUAAINQ: 11,-05/13 WAL.I.$. ~IOR 8iAANJ FOOTINGS r INTO HATUAALGRAOEllMl..€$$~NOT!D. 5. EXTEIUOR WALLS r xr STUD ~RAASNG IM'TH \'EN«".-EA$ A.S 5a,Ec;T£D. s. ..l'EHIC;lA WAU.S r x STUOwmt •·wooo SHEETROCK 11'/2, EXCEPT'M4£R£ SHONN A$G" '-"'~~::~ WAU FOR PUIMBING SUPPl.Y A1CI VEKTS z ....:::-"..:::- ... 1. VENT AU. PWMUIG STAO ON ?4">C.Wr PAGE 11, VllNOOWHEAOERHEIGHTSTOMATCH" EXISTING WN>OWS ut«.£SS NOTED OT'1ER'WISE. I ~;~ 12. DIMC~SIONS SHOWN MEASUAS TO sruo W.W.. ll-llCJB.ECTAIC L.»ifS TO DlST1NG l.IT1UT1E'$ tM AC:ICOlllOA.NCEwmt LOCAi. C11Y 81.1UXNG OOOE$. • ME£DE0. ). UIMUl.M FIN!SHtD FUXIR B.EVA110t' !hU l!IE AT I.EAST 2' ABOVE....,...... fEMA. 100 VEAR FlOOO nATE ELEVATION.OR A.SHOT'ED OHStTc. ---'l'•W - - - - - - - - -- ' · N..L FOOTNlS TO EX1'VCJ IEl.OW GAA1JE .-I - -1----------------------------------- ......uMAS "fft LOCAL CODe:ATMARING 11A>5/13 WAU.5.. IHlCRIORl(ARJNG FOOTING$ f"' MO NA'T\.IRM. GAAOE lH..ESS OTHEJlWISEi NOTED. s. EXTERIOR WAU.S rx r STUO ~o WfTl1 ~ASsa.£..."'TED. l.tH'ffM)IRWAU.S rx•·wooosn.ovwr11 SHb!TROCKfAC!.. l>tCEPTWHGR!. Sl40YM AS C" WN..L F-OA Pl.Uf41NG SUPP\.Y NlO VENTS 7, VENT ALL PUJMeeo!Q; ST~ TO REAR OI HOOSE z a. HEAOfR HibGHTS SHOWN ARE TOP OF WWbOW 9 !.. HEIGHTS ~ I. PER SECTIOMto".2,tl.t .CSMOKI: DETECTOR ~ncNS SHOWN ON nECTRtCAL ..._.., :*!. tel O&IEHSJOHS Nd) SCAl1 or.._y ACC\JlltAT!" """'· ~ PLOTTEOON l.C'?Ofl" PNJE. 0 :;=§ "g l1. WIMDO'NHEAOERHEGHT'STOMATCK EXl$TING WINDOWS lN.ESS NOTED OTHatWl$11!.. 12.0MEN:SIOHS 9tOWN L£ASURI'. TO Stuo WALL· THICl<>ESS OF V£HEERS. FOO,...GS. StUTROCK, I :E,..., ..~ i .... i ~ ETC. HOT INCWOED. ~- f a. :J ...,. -;: waq ners ~ i& !: ~ ::: §?;?v;.vu! l ii::## ii p ! ~ q ~ ~ ""'"° •. ~~ -~ o ~ x~o~ z~~ Hz •• ••, SU:rsShal!Co."11)1y 1 ~th rACSoction illi1.s ~~ ~w~ ~~ ~00 ~ 1 ~ ----· .. : ~~~ ~I: ~ ,../ ~~;; ~ r/ ~ as ·-·-·-·-·-·-·-···-·-·--...._... ...! SECOND FLOOR ~ ........../· SRlillITT' PLAN SCALF~ atlli'' - I' A-3 615  l't.\Nl\"O. 7134 DATE 11,{)5!13 FRONT/NORTH ELEVATION t:::-...:: ELEVATIONS l 8CAL~ 3/lcrr: l' A-4 ..... " .. 616  1'T«\NNO. 7134 l],()41'.1.3 LEFT/EAST ELEVATION •·-:.-.~ ~~"'1rallons~ lns-~llrld .... ---·. ---- --· -·- .•.. .... •. -... - ·--- ------·-·· •••.Jlilpcovai .. - . RIGHT/WEST ELEVA"ITON SC'ATiFl: 3116"'"7: 1' A-5 . •' ~ .. ,,, 617  = IU\' .. -T = Kl ' \ 312 7134 G ,.,,a \ / 4:12 '"'" 1ir-··1i[ 4!: 2 11!04113 4:1z -~ --'-'. t..·- 4:\Z '"'-' 4:;: 2 ~ ~ :1 0 :r: ;;:! ~ ·-MHN~-1 ~.- ............ ... "e.., 4~ 1 2 0 J 0 ~~~ ~ r ~ f;4> :TI\~.; I :L :,, :;/; . 4:12 :....i a.. ~ ~ ~ f n ~ :r: ,, ~ ~ ~ ~ .-, ROOF PLAN :::::: SCALE: 118" - I' z< ~~ ~ i:;... .... ~~ z z ..... ,-. o~~ .._, ..... \ z~ - z --, Ztn ;::: ,..... ~~ ::::::,....... .__ LAKE LEWI S VI LL E ~w ::.::: R ESOVDI R ~ o < z O >j ,...., ~~ ~ \/) z~ 0 L~ < ~ ~ ~ SRENI' PLAT PLAN SCALF..: l " - :~' A-6 618  l'l~\N1'0. 1 -- Q/I 7134 T>ATfl I -·······- -d 10/dO/J.3 J 7. -- ! oc wOTO ll cou~ - - - -- ~ 0 ::: ~ FIRST FLOOR *8- "" •; I -- i a. ~ ';f •; - " ~ ~ ;..... z ""'I ~ < ):... ~ ~--, ~ -- ~o All lns.t1Jlst1ons Subiecf oz z To Acid Ins-., and ,.:r: IOSPl!Cfot Apllmv'11 u~ ~ "· zO zdj -z ::J ,..,- .... <~ ~ ~~ r.;... cc ~o ~ o~ ~ ~ ~H 00 z~ 0 l.':l < ~ ~ ~ I < / SlTENT' SE<:XlND FLOOR .•./ ,.· DOOR/W1NDOW SCHEDULES S-3 8('AT;r<:.: 118'' - 1' 619  Pr.~NJ\O. 7134 ll.\'I'~: llt05/13 z s;r. ~ ~ ~ !> 0 e ~ ~ ~ ~~ ~ :tl I -. .,~ i iii 0.. ~~ ~ §'~- ~ 2 ::"' A ~ ~ ~~~ 0~~ ;-; o~O O..; zsz ~WP .. ~~; • HOP ~~~ CONVlHIENCE.OIJT\ITSIN&\T'HROOMS,~CQUNTERTOPSwmtHSIX '1!E'1' <:#-THE IOTQEN SHC. OUTDOORS, NC> IN~ ANOIA$'iElAENT$ ~s~ (OlHlA Yw.N FOA t.AVlf)R'Y ~ SM&Nlf \. fl.lcmtCA.l SIJIMCE. INSTAUATION. AHO TM& lOCAT'l()N OF Al.I.: SV«TCHU. FIXT\.ll£S, E<»#MEMT. oun.ETS, fllCTRICAL PAJICEL. fTC.ACCOFIOH) TO 1 . . ~ Cr-=- J ......._ LOCAL ANO NAl10fW. EL£CTIUeH. 000(.S. UGH'nNO SHOWN IS~NCt • ATTHI otSCFlfllON Of TIC OWNflit. ~~i :... : - ' ~ SHEET ---- - .";:=.::.::.::_ _ _ .. __,,___,_~ - ELECTRICAL 1 =-· SCALE: 3116" - 1' E-1 620  "Pl.ANNO. :········································································r . t==' ,..... .................. : r I, 7134 '··..... . iI l>ATP. l .·"! lli()5/13 .· .................................................... -=-=====r- ( 'T ,'.;'.:·-~_! D .2 ·... o~ c: - ~ l ~1-1 ri ~i J~~ t, •th 1im1 -- t ul ---- .~,.,. t1 dfilir .... ~ i ~~\ tu! ~~-~ I ~~~~~~~ - - - - - - - •. \.. ....~~s ~~~s~~ ~~ ~~~ ~ 1~~s:s~~~%~Ea ~ ~ pm ! !~s b N ... " • • • • • • • .. .. - - - .............. = ~ ~7~ !I 11 - N - - - - - - •••••• - - - ... - " - • - • - •• - • N - - N •• - : li~~R~~HP~>l~~•;u:•~~ "M~·~~"~~Q~a~~~~~ M~ ~~ PF;~q~HHH~?;il•l' ~ ~~ ~ ~»"~~"~M"•"»ws~ ~~ Hj - II I? ~~ •1tj• J., ••• . • ~., ~l I,1ltl' l.i "t1 I 11•,J 1, , ; a,, .-- - b·'l - ~ 11·1 . ., 1••. . ••11 r,; r--- Jr ,tUi1·' ·r tm jtJ;l :jr' i, 1llli~ 'i , 111 .t!l·•,·! 1••• I! ,.. I ~ U!h~~!;i1!~i:lmi1;uiMfu11 ;~ 1i ~i!ul r~rri~il l·l!l!!li .11M1uh t :. '~~! ,• ~JI A Jl·of ' I 1 1• 1,l; ·' t' •••• ,. '.~ th!!~ r"i I 1 b~t ru~ •I ·1· ·r: I ·ff ~ I .·I 1 ... .; ii j! I l I f •• f l!jl·l·lt ltmm1mti:tlnillh1i;Hliil:ti,J!i' ~~ i4li J~il Jiilhl Jlir!Util iiHH!:HHMiHH 1 i-~ • • 623  CoocrWA-t----; i •~ t f f l i H-+""'""4-o!--11 t H-+-+-+--o-1 l 1--'--'---'-'-1 i ~i I .$"' .! j ..,,,, ...... ~Ota:it.dOl.ltori -..... iJ ~ l- p\>l>!lc ~@ ® •- ,§~ .1-r. I b1 0f- . +I'~ !-.. """"" ~ >i> r.. ~ Column Footing ~ 1314079 624  ~ I " ,,__,,__,. .. _..,r~-. ~ -- ...... _tcr'G _ _ ~ I ~ Ol·f~~--·-_.,,. ~ .. - .. -- ... i .-w--N......_,..._ _.._. .. --.. . ...-=-,.·--. ,.,. _______ .... , _,,,, ......, .. ~........, _rr ............ _ .. _'1" .. _.~ ..."'_......,..., ..... ,i. -----·~........_ ~~-f..:r==:-~-::.: ~ ..... .......... : ... ,..,.-........_..._, , ..... ,., ........ ._. ~ ,i ~ ~:;..'::=. ____ .. ___ - · 1· *1 .. _ _ , __ _.,...._......,.·:-::::.:::'!:"~ .,....c.._ • l ~- -""""'""'- • ....., ............. ...................... _____ _..._ -~,,...,...._.,.i. _ " ,,. .. _.......,_ _ ..... - f• l• _ J ~ .... ....... 1 ~ _...._.,.......... ...._....,..,.._a•....•I•-•..,..•-.. .. - ... I I I .... ... ,.,.. --~ . . ...._...- ___ .. ,....._•""' I l ,, .._ ____ T_a~.-- _ .. _.,vr ...,., _ ..........._.._._,_ ll l! I ' '- ---.-----"""" -----~~--- '- -.-..-~p.,_:,.t:ll'•l.f'•-UO I •. i i Ii l • ii ! fl ~ .~ x-! ~2 ~t ' ~d !::~ :'!" { •-z ·r,~ I l'.; ; :; i' ~- ·ro·~ %~ . ,~ t ! · ~~ J~' Ii Ii~· - 4-..: .. II t! ! • i1~ - ~ tJ1 ,• i~ tll t h!. l ~ 1 ~r; 1 ··1 . I I : c .. - a: " c~ ; j~ g~ g~ .§~ .Ef3 ~..!.~w~ g.~~~~ 1 ~Q. ! ..., ::i '- ~?:: ::? ~ .5 ·1 · ~ 'r"' l"'l o Cl E ~.;~£ ~ " {. ::, ,It -1 I~ ~ ~-- FR ./ / 1. ~; 13 14079 625  ~ !'/ I ' ! ~ ,-r I , Ii 'i f ~ I i I I L..l.-'-- --'---l t t All loopoc;tor.• Sl11111~"''" :1QO&IJ!CAo-lu.- ~ J\cloptfd °"*'""'""' All 1nsta1tution5 sut;ect To Flold IMpc:jlons ..... Inspector App:nv•I frgsnOng P'Ag • Stt90d Ogpc Csifno 626 --- - -- ---- __ , -~ •, 4 .. ~ ' ...... • 1 • •t ~.,._," , ~!1 J;~.. lUJt-1 Ill ""t tl":t&. tzt ..., ....~ .C,$J Jl ,.,.,, Jll/.., .......1 l4JI + ' - I ~· .,, , .. '--1 ... . ,, o " ' "- SO!Z!0 t1At11.;. soxoi ·w13 •lll!l , .......... un~ JO~OUUJds 096> ·ok.a: O!f.;w~..C..o-;..• l "'1UJ f,g 'f'\1 ->- ---- - r::-:·... -~_g..;~=!.~~- _.,u~p1sa~ G\O"!Jd UUOWJJOH uorv 627  Is! Fl0« Total ~le Oowns w n d Vo=23952 lbs. ~ :!:== 1:i=:=1 l« Gcio9e 1. Tht.,;L""°'~rf'IWllifwots~liulrwl'-'dlilr~ :i d!ieotNIC til'li[° ~Sltl:l't&oon!(OSS)«~ARoted ~~ ~~O! ~lniflo, Shtotatng le!o~ $hCI bt &I Jl:di'~n ~'t."td.A!dlw"""n«:lcn~bt~dl!I Dm)r0;Tcl' •Ill L"- ,,-QU:i,.-ti.tcfs spod'"«bo& ~pion•d~betdano~dl:rl:I . l _..20__ """ ... [,,.,... .L. . i t I i ! 1----~ - 0 0 ~1 0 ill.ne Vo=4881 IDs. . ' I \.::, 0 1 Shear Woll Oesian Cotculotions • Corage I , .. I .... I " I '·" I .... ! ""'' Sheor Well Design Cok::ulotions • Mein ~se .. , ,_ -... 16,- ""':"' Col'~ ,~ ~ sMll bcl ~ r:tii. o.e.ux.o_ "°"oo 1lob silolkptl' plQrl oH . . be i:u.~«I Md IDlec ;r l.'!CC-0!6'ict f t I I 'r I. ""~""- 2.A.•~ICF'shto'd~Yd-~{1)f•912'ttto 'l'riclllbOr~dhirl,fl/toellNl.l.M.0. ~~ t · ~trdled ~'cf ~f!'ld ol stot\!t dfl!OJ'bt !Wt: ~ltudW!tfk:ol~wolfl'ldbors. ! I ..' I f i 11 . ~ ~ i I I ~ I I I '' ! ~ i II ' ~ I l !~ ' I •o f • P.f- HG:"1 ! . Jj l ~o g ~c )J1 •, ~ I ~1 '-xl "b @~ i' .- ! ! ..... ~. .JI •$ - 1'' tl $" /~ }z~·, ~-~~ .. 111\:._ i: ,,_-- - - -- -- -CD 1l #J-L.A ~-Au't.LJ~-1f )J.~: l,i\ST OWNEllS ADl>IH:SS .~ T l1:1.1>:l'llONE// Al>DHESS or HOME TO BE BU I LT ELEVATION GIWUNJ) FLOOR LEVEi. TOT AL SQUARE FOOT1\0E Page 4 632 Exhibit H 633  10-A Denton County Commissioners Court _JaJt2..6,_2_Q1_0__ Date \Q ~CX)lj5 Court Order Number The Order: C.QYJ1Jy_Jy_gg~ Mary Horn No Absent )( Commissioner Pct No 1 Hugh Coleman Yes Abstain ~ Commissioner Pct No 2 Ron Marchant Yes Abstain -- No No Absent Absent C.ommj§~iP.r.wr. Pct N.Q. 3. Yes ~ C.o.mm.i~13jQo_E!r.. PctN_o .4 Yes ~ Bobbie J. Mitchell Abstain Andy Eads Abstain No No Absent Absent Motion Carried 5-· () --o Other Action: Pulled from Consent__ No Action __ Postponed __ BY ORDER OF THE COMMISSIONERS COURT: ATTEST: p. 165 of 220 ____...... ______ 634  RESOLUTION APPLYING SUDCHAPTER F. CHAPTER 233~ TEXAS LOCAL GOVERNMENT CODE, TO CERTAIN RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREAS OF DENTON COUNTY .. BEGUN AFrER FEBRUARY 1, 2010 WHEREAS, the Texas Legislature passed HB 2833 during the 8 I st Regular Session, codified in Sections 233.151 through 233.157 of the Texas Local Government Code, to provide for the health, safety and general welfare of all Texans through home construction standards in the unincorporated areas of counties, and WHEREAS, the citizens of Denton County desire the construction of quality housing and wholesome living environments for its citizens living in wrlncorporated areas. NOW, THEREFORE, BE IT RESOLVED, that we, the Commissioners Court of Denton County, in accordance with Section 233.153, Texas Local Government Code, order that construction of a new singJe..family house or duplex 011 a vacant lot begun after February 1, 201 Ot in the unincorporated areas of Denton County must conform to either the version of the International Residential Code published as of May 1, 2008 or the version of the International Residential Code that is applicable in the City of Denton, Texas; and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.153, Texas Local Government Code) any construction of an addition to an existing single-family house or duplex, if the addition will increase the. square footage or value of the existing residential building by more than 50 percent, begun after February 1, 2010, in the unincorporated areas of Denton County must conform to either the version of the International Residential Code published as of May. 1~ 2008 or the version of the International Residential Code that is applicable in the City of Denton, Texas; and FURTHERMORE, BE IT RESOLVED, that notwithstanding the above language and in accordance with Section 233. 153(c), if the above described construction occurs in the extraterritorial jurisdiction of a municipality that has adopted a building code for the municipality's extraterritorial jurisdiction, the building code adopted by the municipality controls .. an4 ...~l1il4itl8...C<>cl.e. .s.ttlll4~d.~ .. un4er. .. S..11b~lillP.ter. F o($ection 233.JS3 .of the . Texas Local. Government Code have no effect in that municipality's extratenitorialjurisdiction. FURTHERMORE, BE IT RESOLVEDt that in accordance with Section 233.154(a), Texas Local Government Code, a minimum of three inspections must be performed to ensure substantial building code compliance in the construction of a new single-family house or duplex or the construction of an addition to an existing single-family house or duplex begun after February 1) 2010, in the unincorporated areas of Denton County. The three required inspections during the construction project, as applicable must be performed at (1) the foundation stage, before the placement of concrete; (2) the framing and mechanical systems stage, before covering with.drywall or other interior waU covering; and (3) completion of construction of the residence. For remodeling construction to an existing residence in which the structure's square footage or value will increase by more than SO percent, ~~.JU~Jl;~t~on requirements must be perfonned as ~Page 1 of3 635  necessary based on the scope of work of the construction project. The build~ is responsible for contracting to perform the required inspections with (1) licensed engineer; (2) a registered architect; (3) a professional inspector licensed by the Texas ReaJ Estate Commission; (4) a plumbing inspector employed by a m\.Ulicipality and licensed by the Texas State Board of Plumbing Inspectors; (5) a building inspector employed by a political subdivision; or (6) an individual certified as a residential combination inspector by the International Code Council. A builder may use the same inspector for all the required inspections or a different inspector for each required inspection; and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.154(b)) Texas Local Government Code, a builder perfonning construction of a new single~family house or duplex or the construction of an addition to an existing single-family house or duplex begun after February 1, 2010, in the unincorporated areas of Denton County must, prior to beginnjng the construction project, provide notice to the Director of Public Works/Engineering. The Denton County Commissioners Court prescribes the Notice of Residential Construction in Unincorporated Areas attached to this Resolution as the required Notice. The notice must include (1) the location of the new residential construction; (2) the approximate date by which the new residential construction will be commenced; and (3) the version of the International Residential Code that will be used by the builder to construct the new residential construction, and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.154(c), Texas Local Govenunent Code, not later than the 10th day after the date of a. final inspection, a builder perfomrlng construction of a new singl~ family house or duplex of the construction of an addition to an existing single-family house or duplex begun after February 1, 2010, in the unincorporated areas of Denton County must submit notice to (1) the Director of Public Works/Engineering and (2) the person for whom the new residential construction is being built, if different from the builder, stating whether or not the inspection showed compliance with the building code standards applicable to that· phase of constructi.'unty • ·Page 3of3 \ .. 637  DENTON COUNTY NOTICE OF RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREA BUILDER. I CONTRACTOR INFOBMATIO~ BUSINESS ADDRESS: MAILING ADDRESS (IF DIFFERENT): PHONE NUMEER: FAX NUMBER! ------~---CONTACT PERSON: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ PROJECf INFOBMATION TYPB Of' CONSTRUCTION: (CHECK ONE) ( ] New Residential C-Onsuuction on Vacant Lot ( ] Addition to an Existing Residential Unit LOCATION ADDRESS (fNCLUDINO ZIP CODE}: OR LOT AND BLOCK# _ _ _ _ _ _ _ _ _ __ SUBDIVISION: _ _ _..:..-_ _ _ _ _ _ _ __ SURVEY~ ~-~~--------~~ TRACT: PLANNED DATE TO BEGIN CONSTRUCTION: - - - - - - - - - - - - - - - - - - - - - - - RESIDENTIAL CODB TO BH USED JN CONSTRUCTION: (CHECK ONB) ( ) INTERNATIONALRBSIDBNTIAL CODE ·published May I. 2008 [ ] INTERNATIONAL.RESIDENTIAL CODE- applicable in Denton AurnORIZED REPRESENTATIVE SIONATIJRB PRINTED NAME DATE 638  DENTON COUNTY NOTICE OF RESIDENTIAL CONSTRUCTION INSPECTION COMPLIANCE Received IN UNINCORPORATED AREA Permit# INSPECTQR INFQRMAJ'lQN NAME:~~~~~~~~~~~~~~~-~~~~~~~~~~~~~~~~ BUSINaSS ADDRESS: MAlLlNO ADDRESS (IF DIFFBR.ENT): PHONBNUMBER: - - - - - - - - EMAILADDRESS: ----~--~-------- FAX NUMBER: _ _ _ _....__ _ _ _ PROFESSJONAL REGISTRATION {TYPBAND#) _ _ _ _ _ _ _ __ PROJECT INFQftMATION DATEOFINSPECTION: - - - - - TYPEOFCONSTRUCflON: (CHECK ONE} LOCATION [ ] New Residential Construction on Vacant Lot ADDRESS:~~~~~~~~ [ ] Addition to an Existing Residential Unit RESIDENTIAL CODEUSED IN CONSTRUCTION: (CHECK ONE) [ ] INTERNATIONAL RESIDENTIAL CODE- published May lJ 2008 OR LOT AND BLOCK# - - - - [ ] INTBRNATlONAL RESIDENTIAL CODE- applicable in Denton SUBDMSION: - - - - - - - CONSTRUCTION PHASE: (CHECK ONE) SURVEY:~~~~~-~~~- [ ] FOUNDATION STAGE (before plae<:nient of concrete) ( ] FRAMING AND MECHANICAL SYSTEMS STATE (before covering TRACI': _ _ _ _ _ _ _ _~ with dJywall or other intaior wall covering) [ } COMPLETION JNSfECf10N CONCLUSION At the indicated stage of construction, the projeot indicated above is: (check one) [ JIN COMPLIANCE [ ] NOT IN COMPLJANCE with the residential code used in construction. COMMENTS: SIGNATIJRE OF INSPECTOR PRINTED NAME DATE 639  10-A AGENDA PLACEMENT MEMO DATE: Jan 22, 2010 TO: Commissioners Court FROM: Bennett Howell SUBJECT: Resolution - Residential Construction in Unincorporated Areas of Denton County .REQUESTED ACTION/RE_QOMMENDAilQ_N Approval of a resolution applying Subchapter F, Chapter 233, Texas Local Government Code, to certain residential construction in unincorporated areas of Denton County - begun after February 1, 2010, and any appropriate action. 6ACK~BQUNP The Texas State legislature enacted HB 1038 during the 80th Regular Session, effective September 1, 2007, that provided criteria for the inspection of homes which heretofore were not subject to the inspection codes of a municipality. The requirements of this bill was supposed to result in homes that were In greater compliance with the accepted residential building standards, safer and with fewer construction defects. The Legislature also created the Texas Residential Construction Commission (TRCC) to oversee this new law. The TRCC was also supposed to license builders, monitor compliance and store the Inspection records. The Legislature during the 81st Regular Session passed HB 2833 which essentially eliminated the TRCC and placed the responsibility on the county government to ensure residential home builders wer(rcomplyin-g·with·HB 1038. However-, HB 2833 did .. provide counties with the authority to enact building codes,. inspect the structures or require the builders to provide Inspection documentation, it specially stated that counties cannot charge a fee for this service. This proposed Resolution provides that the County will be the depository for the home inspection documentation for homes constructed after February 1, 2010. Home builders will be required to notify the County when construction is going to begin and submit documentation that the inspections were made in accordance with HB 2833. O.Pt;RAI.ION$ AN.O. .MAINJENANCE;,.~1'" :-! . :· . . ,~~g;~0;{~J.l;?'.(\:.J ::·,. . . Denton County Planning Dep:iirii\1~ohvill,.ilrovide the forms to the builders and file the inspection records as part ofltt'4Jtyrr~nf:bevelopment Permit Application. This Resolution will not place a_r)yJ~tt.M:r bu~d~n$ on-~he builders since these inspections Jan 22, 2010 820 AM :\~;~~:f~i~~:?}' p. 166 of 220 640  were supposed to be occurring prior to 2007. L.E.GALJt-JFQRM.ATIQN The Legal Department has worked closely with the Public Works Department on this Resolution . .f t~ANCJ.t'\J._JMP.A.GT This Resolution will not have any financial impact on the County or the home builder. The Resolution has an effective date of February 1, 2010. None Jan 22, 2010 6:20 AM p. 167 of 220 641  10-A Denton County Commissioners Court Request For Agenda Placement Submitted By: Bennett Howell Requested Agenda Date: Jan 26, 2010 Department: Public Works/Enginccrtug Grouping: PUBLIC WORKS Specific Agenda Wording: Approval of a resolution applying Subchapter F, Chapter 233, Texas Local Government Code, to certain residential construction In unincorporated areas of Denton County - begun after February 1, 2010, and any appropriate action. APPROVAL FLOW 10 - A .. Resolution - Residential Constrnction in Unincorporated Al'eas of Denton County ':i; Jan 22. 2010 s:20 i\~f 01mt!5{l Coun!Y, . ,\ -~ ~ i..t:, - !.\,":\. " p. 164 or 220 ) . -----~~~~~if!~!,~';' _..,. . ,. ,______________ 642 643 Exhibit I 644 STA TIE OF TIEXAS CIEIRTIFICATIE TO COPY OF PUJBUC RIECOIRD COUNTY OF DIENTON I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of Denton County Notice and Resolution - Certain Residential Construction in Unincorporated Areas of Denton County. The same appear of record in my office and said documents are the official records from the public office of the Public Works Department of Denton County, Texas, and are kept in said office. I further certify that I am the Director of Public Works for Denton County, Texas, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand this 14th day of April, 2014. Bennett C. Howell, 111, PE, CFM 645  De11ton County Departn1e11.t of Public YNorks Engineering Division 1505 East McKinney Street, Suite 175 - Denton, Texas 76209 940.349.3250 phone - 940.349.2991 fax vvww.dentoncounty.com NOTICE l1ro1ne B11ilders and IIome Buyers On January 26, 2010, Denton County Commissioners Court approved a resolution that applies to certain residential construction in the unincorporated areas of Denton County. This resolution applies to you if: c You are building a home in the unincorporated areas of Denton County after February 1, 2010; or You are remodeling an existing home in the unincorporated areas of Denton County after February 1, 2010 and the addition increases the square footage or value of the existing home by more than 50%. " This resolution applies if you are constructing a single-family house or duplex. The J1ew home constru.ctlon and remodel must conform to either: o International Residential Code published as of May I , 2008; or o The version of the International Residential Code that is applicable in the City of Denton. The State law requires the builder to use either the International Residential Code published as of May 1, 2008 or the International Residential Code adopted by the County Seat, which in Denton County is the City of Denton. Building in the Extra Territorial Jurisdiction (ETJ}: If you are building in the BTJ of a municipality that has adopted a building code for the municipality's ETJ, then the builder follows the municipality's codes. However, the builder is still required to submit the necessary paperwork to Denton County Public Works. VVhat are the builder's responsibilities? a Three required inspections during the construction project. o The foundation stage before the placement of concrete; 646  o The :framing and mechanical systems stage before covering with drywall or other interior wall covering; and o Completion of construction of the residence. o For remodeling projects that meet the definition of this resolution, the number of inspections are based on _the scope of work of the project Who performs these mspectfo:ns? • Licensed Engineer; @ Registered Architect; ., Professional Inspector licensed by the Texas Real Estate Commission; • Plumbing Inspector employed by a municipality and licensed by the Texas State Board of Plumbers; • Building Inspector employed by a political subdivision; or • Individual certified as a residential combination inspector by the International Code Council. • The builder may use the same inspector for all the required inspections or a different inspector for each required inspection. 'Who receives the d.ocume:ntaticm? ® The builder shall provide the inspection information to the home buyer and Denton County Public Works. ~ The required forms are attached to this Notice. o The builder uses the first form to notify the County specifically: 11 Location of the new residential construction Iii Approximate date by which the construction will be commenced 11: The version of the International Residential Code used to construct the home o The builder uses the second form to document the inspections. 647  RESOLUTION APPLYING SUBCHAPTER Fo CHAPTER 233, TEXAS LOCAL GOVERNMENT CODE, TO CERTAIN RESIDENTIAL CONSTRUCTION JN UNINCORPORATED AREAS OF DENTON COUNTY"' BEGUN AFTER FEBRUARY ll., 20JHJl WHEREAS, the Texas Legislature passed HB 2833 during the 81 st Regular Session, codified in Sections 233.151 through 233.157 of the Texas Local Government Code, to provide for the health, safety and general welfare of all Texans through home construction standards in the unincorporated areas of counties, and WHEREAS, the citizens of Denton County desire the construction of quality housing and wholesome living environments for its citizens living in unincmporated areas. NOW, THEREFORE, BE IT RESOLVED, that we, the Commissioners Court of Denton County, in accordance with Section 233.153, Texas Local Government Code, order that construction of a new single-family house or duplex on a vacant lot begun after February 1, 2010, in the unincorporated areas of Denton County must conform to either the version of the International Residential Code published as of May 1, 2008 or the version of the International Residential Code that is applicable in the City of Denton, Texas; and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.153, Texas Local Government Code, any construction of an addition to an existing single..family house or duplex, if the addition will increase the square footage or value of the existing residential building by more than 50 percent, begun after F ebruazy 1, 2010, in the unincorporated areas of Denton County must conform to either the version of the International Residential Code published as of May. 1, 2008 or the version of the International Residential Code that is applicable in the City of Denton,' Texas; and FURTHERMORE, BE IT RESOLVED, that notwithstanding the above language and in accordance with Section 233. 153(c), if the above described construction occurs in the extratenitorial jurisdiction of a municipality that has adopted a building code for the municipality's extraterritorial jurisdiction, the building code adopted by the municipality controls and building code standards under Subchapter F of Section 233.153 of the Texas Local Government Code have no effect in that municipality's extraterritorial jurisdiction. FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.154(a), Texas Local Government Code, a minimum of three inspections must be performed to ensure substantial building code compliance in the construction of a new single-family house or duplex or the construction of an addition to an existing single-family house or duplex begun after February 1, 2010, in the unincorporated areas of Denton County. The three required inspections during the construction project, as applicable must be performed at (1) the foundation stage, before the placement of concrete; (2) the framing and mechanical systems stage, before covering with-drywall or other interior wall covering; and (3) completion of construction of the residence. For remodeling construction to an existing residence in which the structure's square footage or value will increase by more than 50 percent, the inspection requirements must be performed as Resolution - Certain Residential Construction in Unincorporated Areas of Denton. County - Chapter 233 Tex. Loe. Gov't Code -Page 1 of3 648  necessary based on the scope of work of the construction project. The builder is responsible for contracting to perform the required inspections with (1) licensed engineer; (2) a registered architect; (3) a professional inspector licensed by the Texas Real Estate Commission; (4) a plumbing inspector employed by a municipe1ity and licensed by the Texas State Board of Plumbing Inspectors; (5) a building inspector employed by a political subdivision; or (6) an individual certified as a residential combination inspector by the International Code Council. A builder may use the same inspector for all the required inspections or a different inspector for each required inspection; and FURTHERMORE9 BE IT RESOLVED, that in accordance with Section 233.154(b), Texas Local Government Code, a builder performing construction of a new single~family house or duplex or the construction of an addition to an existing single-family house or duplex begun after February 1, 2010, in the unincorporated areas of Denton County must, prior to beginning the construction project, provide notice to the Director of Public Works/Engineering. The Denton County Commissioners Court prescribes the Notice of Residential Construction in Unincorporated Areas attached to this Resolution as the required Notice. The notice must include (1) the location of the new residential construction; (2) the approximate date by which the new residential construction will be commenced; and (3) the version of the International Residential Code that will be used by the builder to construct the new residential construction, and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.154(c), Texas Local Govenunent Code, not later than the 10th day after the date of a final inspection, a builder performing construction of a new single-family house or duplex of the construction of an addition to an existing single-family house or duplex begun after February 1, 2010, in the unincorporated areas of Denton County must submit notice to (l) the Director of Public Works/Engineering and (2) the person for whom the new residential construction is being built, if different from the builder, stating whether or not the inspection showed compliance with the building code standards applicable to that phase of construction. The Denton County Commissioners Court prescribes the Notice of Residential Construction Inspection Compliance in Unincorporated Areas attached to this Resolution as the required Notice. JlN WITNESS THEREOF, we have hereunto set our bands and caused the great seal of Denton County to be affixed this ~G day of 'Jtc1td''1'.r1C< , 2010. a ' ADOPTED Ilj OPEN COURT the r.:2~ day of Janurup 2010 upon Motion made by 1h6h/e, .!. /fftki~/I and seconded by _ J'ltJlq ~/-!PS , and 2_ members of the court being res t and voting. J GH COLEMAN, COMMISSIONER RUN HANT, COMMISSIONER PRECINCT 1 PRECINCT2 Resolution - Certain Residential Construction in Unincorporated Areas of Denton, County • Chapter 233 Tex. Loe. Gov't Code · Page2 of3 649  MMISSIONER AITEST: Resolution - Certain Residential Construction in Unincorporated Areas of Denton County - Chapter 233 Tex. Loe. Gov't Code - Page3 of3 650  Cause No. 14-01991-431 FILED ZOI~ APR 17 AH 11: I It TOWN OF LAKEWOOD VILLAGE, § IN THE IS~f=I 6&TS¥-f'1ilF Plaintiff, § JISTRICT CL[RI\ OlNTCH CO .• TA § § i1 v _cJ-""-~--'----DEPIJTY V. § DENTON COUNTY, TEXAS § HARRY BIZIOS, § Defendant. § 431 st JUDICIAL DISTRICT ORDER GRANTING TEMPORARY INJUNCTION On this day came to be considered the Plaintiff, the Town of Lakewood Village's, Request for Temporary Injunction against Defendant, Harry Bizios. The Court, having considered the Request, the evidence presented, arguments of counsel, and the pleadings on file in this case, is of the opinion that Plaintiff's Request for a Temporary Injunction should be GRANTED. IT IS THEREFORE ORDERED that Defendant Harry Bizios and his agents, servants, employees, representatives, and all persons or entities of any type whatsoever acting in concert with him or acting on his behalf, shall allow inspections by the Town of Lakewood Village's Building Official or designee on the Property, and shall immediately cease and desist any construction on the Property described as LOT 84, BLOCK 1 OF SUNRISE BAY AT LAKE LEWISVILLE, AN ADDITION TO THE CITY OF LITTLE ELM, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET L, PAGE 224, PLAT RECORDS, DENTON, COUNTY, TEXAS (the "Property") until such time as they have (1) applied for and obtained approval from the Town of Lakewood Village of necessary permits; (2) submitted engineering inspection certificates to the Town of Lakewood Village; and (3) complied with the Town's Ordinances. ORDER GRANTING TEMPORARY INJUNCTION - PAGE 1 651  The Court finds from the facts and evidence set forth in Plaintiffs Request and the evidence adduced at the hearing on this matter, that Plaintiff has suffered and will continue to suffer a probable injury inasmuch as harm is imminent from Defendant's violations of the Town of Lakewood Village's Ordinances, including by constructing a single family residence without a building permit issued by the Town and inspections and plan approval by the Town. Without injunctive relief, defendant will engage in the activities enjoined. The Court further finds that unless Defendant and his agents, servants, employees, representatives, and all persons or entities of any type whatsoever acting in concert with him or acting on his behalf are immediately enjoined as described above, Defendant will continue to violate the Town Ordinances. Injunctive relief is warranted in this cause, as the Town has suffered and will continue to suffer violations of its duly-enacted Ordinances with no recourse to prevent such violations. The Court also finds from the facts and evidence set forth in the Request and evidence adduced at the hearing on this matter that Plaintiff has a probable right to relief at final hearing and that there is a substantial likelihood that Plaintiff will prevail on the merits at trial, that a temporary injunction issued to Defendant and his agents, servants, employees, representatives, and all persons or entities of any type whatsoever acting in concert with him or acting on his behalf regarding the above-described acts is reasonable under the circumstances. The Court finds the violation is itself a finding of injury. IT IS FURTHER ORDERED that the Clerk of the Court shall forthwith issue a writ of Temporary Injunction in conformity with the law and terms of this Order. Plaintiff as a municipality is not required to give bond to secure a temporary injunction. Once effective, this Order shall remain in full force and effect until Defendant and his agents, servants, employees, representatives, and all persons or entities of any type whatsoever acting in concert with him or ORDER GRANTING TEMPORARY INJUNCTION - PAGE 2 652 acting on his behalf fully comply with the above-described actions by allowing inspections by the Town of Lakewood Village's Building Official or designee on the Property, and immediately ceasing and desisting any construction on the Property until such time as they have (1) applied for and obtained approval from the Town of Lakewood Village of necessary permits; (2) submitted engineering inspection certificates to the Town of Lakewood Village; and (3) complied with the Town's Ordinances. IT IS FURTHER ORDERED that this Temporary Injunction shall remain in effect pending entry of final judgment on the permanent injunction and final trial on the merits. It is therefore ordered that this case be set for trial on ~5 , 2016 at ~:!YD a.m.~ Rendered on April 16, 2014, at 5 :00 p.m., and Signed on April 17, 2014, at 11 :00 a.m. ORDER GRANTING TEMPORARY INJUNCTION - PAGE 3 653 Denise Spalding From: Jonathan Bailey Sent: Thursday, April 17, 2014 11 :30 AM To: Anderson, Art Cc: 'andy@txmunicipallaw.com'; 'kaira@txmunicipallaw.com'; 'Jennifer Decurtis Uennifer@txmunicipallaw.com)'; Denise Spalding; Mellony Ariail Subject: RE: re: Town of Lakewood Village v. Harry Bizios; No. 14-01991-431 Attachments: 0996_001.pdf CounscL Attached you will find the Order Granting Temporary Injunction entered and filed in this case. Should you have any questions or requests for clarification, please "reply all" to this message. Sincerely, JlJDGE PRESIDING 431 sr DISTRICT COURT 1450 E. McKinney Street Denton, Texas 76209 Phone: (940) 349-4370 Fax: (940) 349-4371 dentoncounty.com/431 Please note that use of the Court's email address in this case is authorized solely for the limited purpose indicated. Do not communicate with the Court regarding this case by email except as expressly requested or permitted herein. From: Paul, Paget [mailto:PPaul@winstead.com] On Behalf Of Anderson, Art Sent: Thursday, April 17, 2014 9:18 AM To: Anderson, Art; Jonathan Bailey Cc: 'andy@txmunicipallaw.com'; 'kaira@txmunicipallaw.com'; 'Jennifer Decurtis (jennifer@txmunicipallaw.com)'; Denise Spalding; Mellony Ariail Subject: RE: re: Town of Lakewood Village v. Harry Bizios; No. 14-01991-431 My apologies. Attached is the document in WORD (instead of the previously sent pdf). From: Paul, Paget On Behalf Of Anderson, Art Sent: Wednesday, April 16, 2014 4:53 PM To: 'Jonathan.Bailey@dentoncounty.com' Cc: andy@txmunicipallaw.com; kaira@txmunicipallaw.com; Jennifer Decurtis Uennifer@txmunicipallaw.com); Denise Spalding; Mellony Ariail; Anderson, Art Subject: re: Town of Lakewood Village v. Harry Bizios; No. 14-01991-431 1 654 Mr. Messer forwarded to us a new version of the proposed Order. Attached in WORD is our redlined version. In order to prevent expensive reconstruction, we respectfully request that the attached Order be approved by the Court. Regards, Art Anderson Winstead PC I 500 Winstead Building I 2728 N. Harwood Street I Dallas, Texas 75201 214.745.5745 direct I 214.745.5390 fax I aanderson@winstead.com I www.winstead.com WINSTEAD IRS Circular 230 Required Notice--IRS regulations require that we inform you as follows: Any U.S. federal tax advice contained in this communication (including any attachments) is not intended to be used and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter[s]. Information contained in this transmission is attorney privileged and confidential. It is intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone. 2 655  FILED: 5/6/2014 2:07:55 PM SHERRI ADELSTEIN · Denton County District Clerk By: Joanna Price, Deputy CAUSE NO. 14-01991-431 TOWN OF LAKEWOOD VILLAGE, § IN THE DISTRICT COURT OF TEXAS, § § Plaintiff, § § v. § DENTON COUNTY, TEXAS § HARRY BIZIOS, § § Defendant. § 431 st JUDICIAL DISTRICT NOTICE OF APPEAL TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Defendant Harry Bizios, pursuant to Tex. R. App. P. 25.1, and files this, his Notice of Appeal in the above numbered and styled cause indicating his desire to appeal from the Order of the trial court entered on April 17, 2014, with said appeal to be taken to the Court of Appeals for the Second District of Texas at Fort Worth. The appeal is accelerated pursuant to Tex. R. App. P. 28.l and Tex. Civ. Prac. & Rem. Code§ 51.014(a)(4). NOTICE OF APPEAL - Page 1 656  Respectfully submitted, WINSTEAD PC 500 Winstead Building 2728 N. Harwood Street Dallas, Texas 75201 (214) 745-5745 - Phone (214) 745-5390-Fax By: Isl Arthur J. Anderson Arthur J. Anderson State Bar No. 01165957 ATTORNEYS FOR DEFENDANTS CERTIFICATE OF SERVICE I hereby certify that on the _6tJJ. day of May, 2014, a true and correct copy of the foregoing was served by electronic filing to the following counsel of record: William Andrew Messer, Esq. :tvfESSER, ROCKEFELLER & FORT, P.L.L.C. 63 51 Preston Road Suite 350 Frisco, TX 75034 ls/Arthur J. Anderson ONE OF COUNSEL DALLAS I/62797l3v.l 56756-l 05/0612014 NOTICE OF APPEAL - Page 2 657  FILED: 5/6/2014 2:09:34 PM SHERRI ADELSTEIN Denton County District Clerik By: Joanna Price, Deputy CAUSE NO. 14-01991-431 TOWN OF LAKEWOOD VILLAGE, § IN THE DISTRICT COURT OF TEXAS, § § Plaintiff, § § v. § ·DENTON COUNTY, TEXAS § HARRY BIZIOS, § § Defendant. § 431st JUDICIAL DISTRICT DEFENDANT'S REQUEST FOR REPORTER'S RECORD TO THE COURT REPORTER OF SAID COURT: Harry Bizios, Defendant in the above numbered and styled cause, has filed a notice of appeal pursuant to Rule 25.1 of the Texas Rules of Appellate Procedure. He formally requests the Court Reporter of this Court to prepare and deliver the Reporter's Record to the Court of Appeals for purposes of appeal. I. Please prepare an original and one copy of the reporter's record containing all testimony from an of the witnesses, all discussions between the dudge and lawyers, all bench conferences, and all exhibits offered at. the temporary injunction hearing in this cause. II. Plaintiffs will forward payment for the cost of the Report,er's Record as soon as it is notified of the amount due. DEFENDANT'S REQUEST FOR REPORTERS' RECORD - Page 1 658  Respectfully submitted, WINSTEAD PC 500 Winstead Building 2728 N. Harwood Street Dallas, Texas 75201 (214) 745-5745 - Phone (214) 745-5390-Fax By: Isl Arthur J. Anderson Arthur J. Anderson State Bar No. 01165957 ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE I hereby certify that on the 6th day of May, 2014, a true and correct copy of the foregoing was served by electronic filing to the following counsel of record: William Andrew Messer, Esq. . 11ESSER, ROCKEFELLER & FORT, P.L.L.C. 6351 Preston Road Suite 350 Frisco, TX 75034 Isl Arthur J. Anderson ONE OF COUNSEL DEFENDANT'S REQUEST FOR REPORTERS' RECORD - Page 2 659  FILED: 5/6/2014 2:11:00 PM SHERRI ADELSTEIN Denton County District Clerk By: Joanna Price, Deputy CAUSE NO. 14-01991-431 TOWN OF LAKEWOOD VILLAGE, § IN THE DISTRICT COURT OF TEXAS, § § Plaintiff, § § v. § DENTON COUNTY, TEXAS § HARRY BIZIOS, § § st Defendant. § 431 JUDICIAL DISTRICT REQUEST FOR PREPARATION OF CLERK'S RECORD Pursuant to Texas Rule o f Appellate Procedure 35, Defendant Harry Bizios st notifies the court clerk for the 431 Judicial District Court o f Denton County that he has filed a notice o f appeal with the Fort Worth Court o f Appeals, located in Fort Worth, Texas, on May 6, 2014. Defendant requests the preparation o f the Clerk's Record on appeal. Defendant requests that the Clerk include all o f the documents in the court's file in the Clerk's Record, including but not limited to: a) Court's docket sheet; b) All materials designated in Texas Rule o f Appellate Procedure 34.5; c) All pleadings, motions, briefs and orders thereon; d) All correspondence authored by the parties or their attorneys o f record; e) All correspondence authored by Judge Jonathan Bailey; f) Defendant's Notice o f Appeal filed on May 6, 2014; g) Defendant's Request for Preparation o f the Reporter's Record filed on May 6, 2014; and REQUEST FOR PREPARATION OF CLERK'S RECOR D - Page 1 660  h) Defendant's Request for Preparation of the Clerk's Record filed May 6, 2014. Respectfully submitted, WINSTEAD PC 500 Winstead Building 2728 N. Harwood Street Dallas, Texas 75201 (214) 745-5745-Phone (214) 745-5390-Fax By: /s/Arthur J. Anderso n Arthur J. Anderson State Bar No. 01165957 ATTORNEYS FOR DEFENDANT HARRY BIZIOS CERTIFICATE OF SERVICE tV> I hereby certify that on the 6 day o f May, 2014, a true and correct copy o f the foregoing was served by electronic filing to the following counsel o f record: William Andrew Messer, Esq. MESSER, ROCKEFELLER & FORT, P.L.L.C. 6351 Preston Road Suite 350 Frisco, TX 75034 /s/ Arthur J. Anderso n ONE OF COUNSEL DALLAS_l/6279688v.l 56756-1 05/06/2014f REQUEST FOR PREPARATION OF CLERK'S RECOR D - Page 2 661  Judicial Docket Entries Cause No. 14-01991-431 ~-- - --· - -- ---- · · · - -y---- - - - - - - -- - - ------ - 1~-----·----- · · ---'--------------- 662  Sherri Adelstein PO Box 2146, Denton, Texas 76202-21 46 PH: 940-349-2200 FAX: 940-349-2201 DENTON COUNTY THE STATE OF TEXAS BILL OF COST Cause: 14-01991 -431 TOWN OF LAKEWOOD VILLAGE V. HARRY BIZIOS ,-- - --- -- ------ ------------~---- -· - - - - ----~ ~ J Init Balance l_i'_ l erk_ ' s_f3-~_~o rd Cost for Appeal (Civil) J 665.00 0.0_0_ _ _ ~ 665 . o_ o~I ____ _ o ._ oo~I I certify that the above foregoing is a true and correct statement of the Bill of Costs associated with the above numbered and entitled cause on May 13, 2014. 663  CLERK'S CERTIFICATE THE STATE OF TEXAS * COUNTY OF DENTON * I, Sherri Adelstein, Clerk of the District Courts of Denton County. Texas do hereby certif~' that the documents contained in this record to which this cc11i fication is attached arc all the documents specified by Texas Rule of Appellate Procedure 34.S(a) and all other documents timely requested by the parties to this proceeding under Texas Ruic of Appellate Procedure 34.S(b). Given under my hand and seal at my office in Denton, Denton County. Texas this 13th day of May. 2014. Sherri Adelstein District Clerk Denton County, Texas /s/ 7o)fona - (s>afc£ n^st aax4t -p^J &ejrr7e£— £.t/u?%r*A*>ter—ji^f^JiJL&L Z^C jHr_ CtJeJL W n-bdJ. anZfrrJ-. All Inspections Shall Comply with 20WIHC Requirement ^-Adopted-Grdinafrces  INSPECTIONS COPY APPENDIX G SWIMMING POOLS, SPAS AND HOT TUBS SECTION AG104 SECTION AG101 SPAS AND HOT TUBS GENERAL AGI04.1 Permanently installed spas and hot tubs. Perma AG101.1 General. The provisionsof this appendixshall con nently installed spas and hot tubs shall be designed and con trol the design and construction of swimming pools, spas and structed in conformance with ANSI/NSPI-3 as listed in hot tubs installed in or on the lot of a one- or two-family dwell Section AG 108. ing. AG104.2 Portable spas and hot tubs. Portable spas and hot tubs shall be designed and constructed in conformance with ANSI/NSPI-6 as listed in Section AGIOS. SECTION AG102 DEFINITIONS AG102.1 General. Forthe purposesof theserequirements, the SECTION AG105 terms used shall be defined as follows und as set forth in Chap BARRIER REQUIREMENTS ter 2. AG105.1 Application. The provisions of this chapter shall ABOVE-GROUND/ON-GROUND POOL. See "Swim control the design of barriers for residential swimming pools, ming pool." spas and hot tubs. These design controls are intended to pro vide protection against potential drownings and ncar- BARRIER. A fence, wall, building wall or combination drowningsby restricting access to swimming pools, spas and thereof which completely surrounds the swimming pool and hot tubs. obstructs access to the swimming pool. AG105.2 Outdoor swimming pool. An outdoor swimming HOT TUB. See "Swimming pool." pool, including an in-ground, above-ground or on-ground IN-GROUND POOL. Sec "Swimming pool." pool,hot tub or spa shall be surrounded bya barrier whichshall comply with the following: RESIDENTIAL. That which is situated on the premises of a detached one- or two-family dwelling or a one-family town- 1. The top of the barrier shall be at least 48 inches (1219 house not more than three stories in height. mm) above grade measured on the side of the barrier which faces away from the swimmingpool. The maxi SPA, NONPORTABLE. See "Swimming pool." mum vertical clearance between grade and the bottom of SPA, PORTABLE. A nonpermancnt structure intended for the barrier shall be 2 inches (51 mm) measured on the recreational bathing, in which all controls, water-heating and side of the barrier which faces away from the swimming water-circulating equipmentare an integralpartof theproduct. pool. Where the top of the pool structure is above grade, such as an above-ground pool, the barrier may be at SWIMMING POOL. Any structure intended for swimming ground level, such as the pool structure, or mounted on or recreational bathing that contains water over 24 inches (610 top of the pool structure.Wherethebarrierismountedon mm) deep. This includes in-ground, above-ground and top of the pool structure,themaximum verticalclearance on-groundswimming pools, hot tubs and spas. between the top of the pool structure and the bottom of SWIMMING POOL, INDOOR. A swimming pool which is the barrier shall be 4 inches (102 mm). totally contained within a structure andsurrounded onall four 2. Openings in the barrier shall not allow passage of a sides by the walls of the enclosing structure. 4-inch-diameter (102 mm) sphere. SWIMMING POOL, OUTDOOR. Any swimming pool 3. Solid barriers which do not have openings, such as a which is not an indoor pool. masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. SECTION AG103 4. Where the barrier is composed of horizontal and vertical SWIMMING POOLS members and the distance between the tops of the hori zontal members is less than 45 inches (1143 mm), the AG103.1 In-ground pools. In-ground pools shall bedesigned horizontal members shall be located on the swimming and constructed in conformance with ANSI/NSPI-5 as listed in pool side of the fence. Spacing between vertical mem Section AG 108. bers shall not exceed lJ/4 inches (44 mm) in width. AG103.2 Above-ground and on-ground pools. Above- Where there arc decorative cutouts within vertical mem groundand on-groundpools shall be designedand constructed bers, spacing within the cutouts shall not exceed 1V4 inconformance with ANSl/NSPI-4 as listed in Section AG108. inches (44 mm) in width. 2006 INTERNATIONAL RESIDENTIAL CODEB 609  APPENDIX G INSPECTIONS COPY 5. Wherethe barrier is composed of horizontal and vertical is not less than the protection afforded by Item members and the distance between the tops of the hori 9.1 or 9.2 described above. zontal members is45 inches (1143 mm) ormore, spacing between vertical membersshallnotexceed4 inches(102 10. Wherean above-ground pool structureis usedas a bar mm). Where there arc decorative cutouts within vertical rieror where the barrier is mounted ontopof the pool members, spacingwithin thecutouts shallnotexceed 1% structure,and the meansof accessisa ladderorsteps: inches (44 mm) in width. 10.1. The ladder or steps shall be capable of being 6. Maximum mesh size for chain link fences shall be a secured, lockedorremovedtopreventaccess;or 2'/4-inch (57 mm) square unlessthe fence has slats fas 10.2. The ladder or steps shall be surrounded by a tenedat the top or the bottomwhichreduce the openings barrier which meets the requirements of Sec to not more than IV4 inches (44 mm). tion AG105.2,Items 1through 9. Whenthe lad der orsteps aresecured, locked orremoved, any 7. Where the barrier is composed of diagonal members, opening created shall not allowthe passageof a such as a lattice fence, the maximum opening formed by 4-inch-diametcr (102 mm) sphere. thediagonal members shallnotbemore than IV,, inches (44 mm). AG105.3 Indoor swimming pool. Walls surrounding an indoor swimming pool shall comply with Section AG105.2, 8. Accessgates shall comply withtherequirements of Sec Item 9. tion AG105.2, Hems 1 through 7. and shall be equipped to accommodate a locking device. Pedestrian access AG105.4 Prohibited locations. Barriers shall be located to gatesshall open outward awayfrom the pool and shall be prohibit permanent structures, equipment or similar objects self-closing and have a self-latching device. Gates other from being used to climb them. than pedestrian access gates shall have a self-latching AG10S.5 Barrier exceptions. Spas or hot tubs with a safety device. Where the release mechanism of the self-latch cover which complies with ASTM F1346. as listed in Section ingdevice is located less than54 inches(1372 mm) from AG 107, shallbeexemptfrom theprovisions ofthisappendix. the bottom of the gate, the releasemechanismand open ings shall comply with the following: 8.1. The release mechanism shall be located on the SECTION AG106 pool side of the gate al least 3 inches (76 mm) ENTRAPMENT PROTECTION FOR SWIMMING below the top of the gate; and POOL AND SPA SUCTION OUTLETS 8.2. The gate and barricrshallhave no opening larger AG106.1 General. Suction outlets shall be designed to pro than '/2 inch (13 mm) within 18 inches (457 mm) duce circulation throughout the pool or spa.Single-outlet sys of the release mechanism. tems, such as automatic vacuum cleaner systems, or multiple suction outlets, whether isolated by valves or otherwise, shall 9. Where a wall of a dwelling serves as part of the barrier, be protectedagainst user entrapment. one of the following conditions shall be met: AG106.2Suction fittings. Pool and spa suction outlets shall 9.1. The poolshall be equipped witha poweredsafety have a cover that conforms to ANSI/ASME A112.19.8M, or an cover in compliance with ASTM F 1346; or 18inch x23inch(457mmby584mm)draingraleorlarger,or [| 9.2. Doors with direct access to the pool through that an approved channel drain system. wall shall be equipped with an alarm which pro Exception: Surface skimmers duces an audible warningwhen thedoor and/or its screen, if present, arc opened. The alarm shall be AG1063 Atmospheric vacuum reliefsystemrequired. Pool listed in accordance with UL 2017. The audible and spa single- or multiple-outletcirculationsystems shall be alarm shall activate within 7 seconds and sound equippedwith atmospheric vacuum reliefshould grate covers continuously for a minimum of 30 seconds after located therein become missing or broken. This vacuum relief the door and/or its screen, if present, arc opened system shall include at least one approved or engineered and be capable of being heard throughout the method of the type specified herein, as follows: house during normal household activities. The 1. Safety vacuum release system conforming to ASME alarm shall automatically reset under all condi Al 12.19.17; or tions. The alarm system shall be equipped with a manual means, such as touch pad or switch, to 2. An approved gravity drainage system. temporarilydeactivate thealarmfora singleopen AG106.4 Dualdrain separation. Singleormultiple pumpcir ing. Deactivation shall last for not more than 15 culation systems have a minimum of two suction outlets of the seconds. The deactivation s\vitch(es) shall be approved type. A mi nimum horizontal or vertical distance of 3 located at least 54 inches (1372 mm) above the feet(914 mm)shall separate the outlets.These suction oudels threshold of the door, or shall be piped so that water is drawn through them simulta 9.3. Other meansof protection, suchas self-closing neouslythrough a vacuum-relief-protected line to the pump or pumps. doors with self-latching devices, which are approved by the governing body, shall be accept AG106.5 Pool cleaner fittings. Where provided, vacuum or able so long as the degree of protection afforded pressurecleanerfitting(s)shall belocatedinan accessibleposi- 610 2006 INTERNATIONAL RESIDENTIALCODE" STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the Residential Pool/Spa Permit Application for 6613 Autumn Mist Cove dated January 10. 2012. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village. Denton County, Texas, and are kept in said office. 1 further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that 1 am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March. 2014. C^r^V^P^. Linda Asbell. TRMC. Town Secretary Town of Lakewood Village Denton County State of Texas PETITIONER'S EXHIBIT  INSPECTIONS COPY RESIDENTIAL SWIMMING POOL/SPA PERMIT APPLICATION © LAOWOOD ^—"VILLAGE Project Address (PRINT LEGIBLY) Legal Description: Lot Hi. Block \ Subdivision *bm&rj&- &M Phase Property Owner: _ -V^eCVl 6BP<3^YVVV_ Owner Phone: fW. )7&l--W£> Contractor Name (Company) Contact Name Contact Phone Number Pool : &\D&2£&{$> ^AC40^^ (bjmyev^ OU -U&L -33g>5 Electric:" _Qg2l2££L Kkf:fc^^^_ c^K -<&& <^&Lp[ Plum bing:T^rvC¥< F^f &C/L& ^Q^Qggg^: :3& - *ne>-•srei All contractors must holda Ida current registration with the Town and he in good standing in order for applications to be accepted or processed. TYPE OF WORK: ^-fool/Spa Combination . Pool-Inground Pool-Above Ground SpaOnlv (SELECTONE) Valuation of Work: S •Irs _^2^^^tt02pcr UP .OOP 'Square Footage (Total Area): UQQ\. Heater: /CYRANO Diving Board:<^D NO P-Trap: YES/£j©~> (Ifyes: LPGasflgalura (P-Trap & Backwash line required on all sanitary sewer properties) (LP Gas requires Railroad Commission paperwork be provided in permit bag prior to pool final.) Deck encroaching into drainage easement shall not he a structural element of the pool structure. New Fences surrounding pools, not done by pool contractor, require separate permits and are subject to special requirements. (Refer to Appendix G, Section AGIOS. 2006 IRC. for Pool Harrier Requirements) EVERY PERMIT ISSUED SHALL BECOME INVALID UNLESS THE WORK ON THE SITE AUTHORIZED BY SUCH PERMIT IS COMPLETED WITHIN 90 DAYS AFTER ISSUANCE;. ALL PERMITS REQUIRE FINAL INSPECTION. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING TIMS TYPE Ol- WORK WILL BE COMPLIED WITH WHETHER SPECIFIED OR NOT. THE GRANTING OI-' A PERMIT DOES NOT PRESUME: TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING EATING CONSTRUCTION CQNSTRacTK OR THE PI Kl (IRMANCE OF CONSTRUCTION. Signature of Appl icant: \l JffftfZSk Date: ,Jje/j 12— Contact Name: ,hfoSX&X- Z-U4 ~l%Z\rT&!Zg> Phone: (PRkNf I.F.GIBI.Y) PLANS EXAMINER USE ONLY:. Plans Approved By: £. ^ffftLBYy^ Permit Fee: S Date Approved: Special Conditions / Comments (|f?4Q*H.. 5^ ui w^ Permits expire after 90 days of issuance. Permits are not transferable. Revised 11-14-06  INSPECTIONS COPY "'^'application FOl FOR DEVELOPMENT PERMIT (ADP) (02/10) Denton County Flood Damage Prevention Ordinance Planning Department, Denton County, Texas _____ I , UT h - APPLICANT INFORMATION ^TTESIDENTIAL PERMIT IERCI/M. PERMIT First Name: nAftAgcmeg- Company 1 asi Name Phone 2J<4 - ^ i - ^ - ^ s S Address Fax City, State, Zip: Email PART B - PROPERTY' INFORMATION DCAD'R'#: lfr#frfr fc Land Area (Acres) 1A<\ Hr<- Owner's First Name: Owner's Address Owner's Last Name (jrfca »-< -» K-i Owner's City, State, Zip "Brroperry Is part of a.Subdivtslo D Property Is part of an Abstract: Name: #i>TUw£ wiiiT Cv\S€- PART C - DEVELOPMENT INFORMATION Application is for: 0 House O Manufactured House D Escavation/Flll ETTjther (if "Other", describe the proposed improvement on the Hue below) \Anppg/lD peel,-spa frrzgprr ,fTOPL^£>ppct.^p^,fazrpnr _ Busting.BgumEaame. \poy D Address or Road Name: '^tt/3 Ui^A-i/V1 ^/JT6) \J£Q'Address Requested: QQ <(N> &'Precinct* / APPLICANT MUST ATTACH A SITE PLAN SHOWING LOCATION OF PROPOSED AND EXISTING IMPROVEMENTS, THEIR DISTANCE TO AT LEAST TWO PROPERTY LINES, DISTANCE FROM THE ENTRY ROAD, NORTH ARROW SHOWING ORIENTATION OF PROPERTY, PERJVUT APPICATION FROM THE FTRE MARSHAL AND ANY OTHER REQUIRED DOCUMENTATION, £J Ufcycno &iu** £TA Acknowledgment: The Flood Insurance Rate Maps (FIRM) and other flood data used by Denton County in evaluating flood hazards to proposed developments are considered reasonable and iiccunue for regulatory purposes and are based on the best available scientific and engineering data. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. Issuance of a Development Permit in accordance with the Denton County Flood Damage Prevention Ordinance does not imply that development outside the areas of special flood hazard will be free from flooding or flood damage. Issuance of a permit shall not create liability on the part of Denton County or any officer or employee of Denton County in the event flooding or flood damage does occur. • Construction of improvements should not be commenced at the above location until the Owner/Applicant is in compliance with all applicable regulations regarding floodplain management, subdivision platting, and zoning for the government of Denton County This permitdocs not waive any other restrictions or regulations imposed privately or by law. Applicant verifies that she/he has signed this application in the capacity designated, if any. and further attests that she/Tie has read this document, and dial the statement contained herein and any attachments are true, accurate and factual. Violation of this verification may result In Applicant being prosecuted under Texas Penal Code §37.10 (a) (1) PART D - SIGNATURE equest Architectural Plans be returned upon approval Signature: Date: :• c?s PART E - DENTON COUN For Office Use Onhl Permit Number: £0\\ Fees Paid: /VWfNi Cash:_______ • FIRM Panel ft Check « Reviewer: In SFHA: Zone: y*. (Y) w Engineering Review: (Yl IN) HQBCj _tf.ORCI£Lc_ Fire Marshal Permit: £j Culvert Permit: tt m Denton County Planning Department (940) 349-2990: Main • (940) 349-2991: Fax 1505 E. McKiimcy St. Ste 175. Denton. TX 76209-4887 *? e>'*'3 i~3~7 — cr /e-^ <* -/.»«-> /I7END0M» _ i OP All Inspections Shall Comply With Pl<5 TES5 2006 IRC Requirements -J?ATE_ & Adopted Ordinances •use CE WORK BY RIVERBEND SANDLER POOLS IS" out of ground . -OSE IN (NUMBER OF SECTIONS) 1VERSEGATE (NUMBER OF GATES) USE GATELATCH (NUMBER OF LATCHES) negative 3D GATESPRING (NUMBEROF GATES) STALL BEVELEDRAILS(LINEAR FEET) W FENCE INCLUDED IN CONTRACT bosln- CE WORK BY OTHERS "O I—letro •W FENCE OFF CONTRACT BY OTHERS ICXX llghU- .OSE AND CODE BY OTHERS MC-1 *Q, -2' ret. wall 1234567890 IKLER WORK BY RIVERBEND SANDIER POOLS o /7\\\\© MPORARY SPRINKLER RE-ROUTE W RINKLER RE-ROUTE vo o RINKLER FILLLINE(IFZONE IS AVAILABLE) (AS SO" wall 'Q. boulder coping - <• NKLER WORK BY OTHERS 5< RINKLER RE-ROUTE BY OTHERS plo- RINKLER FILL BY OTHERS /cv <^A boulder. der/JpVglJ 0/ 4> 135 ST. tS/ o> ^ 161 LJ=. TJ » te> // .A&'-A' \o rocksllde footlng- *& ***••*. +. foam Jete^ grotto- '[Oil l\OQ){BF.\ h r 70, TANNING LEDGE waterfall footing - */I •*. boulder wall to hide elide" XJ> .p; boulder *v.""^-—_ "coping J ' (f I—pool beam 6'dla. x STANDARD ROCK COPING "16" tall t>pa v- textu w/ Waterline Tile 521 SF. MINI. concr -bench MAX. concrete textured concr*i» ROCK TYPF STANDARD BEAM -DtortA ntf^p .Ol  •it ovj^-jju v/r>i-.jiai.jd 1:1 (_ SVS D OlcUOHT^ffl SNVldlOOd a3AOiHdV -26'4B- -i2'0u- • t-0' zVPJSOO -^S'-*11- Drpth it mrtsurtd from niter surface GENERAL SPECIFICATIONS Unless otherwise stated in the Contract, the construction ol pool will conform to the following specifications. POOL/SPA POOL ONLY Surface Sq. Ft:_ 1.001 Surface Sq. Ft.: 156 Perimeter Pnnl Si7»- W.NlW Gallons: EXCAVATION I. Buyers POOL Site is Located inside Loop 635 which requires excavated pool trucked to a dump site over 3 miles from the POOL SITE tit Thu [required equipment to excavate Buyers POOL Site will be Large tit-end loader will be required to move pool soil to a remote dump truck I Jom the poolsite | day of Excavation, we will pre grade orcut down yard QFeet atthe STORAGE ROOM We willremove QSquare Feet of Concrete. We willsaw cut_ aet of concrete. STRUCTURE pYool structure will be built for Normal Soil conditions as statedon Contrat the normal structure due to soil conditions, if any, are as follows: •eee beam biA s r . (h Plea: [Ma] Eta Steel Schedule: Superstructure Gunite: None Chemical ln[«ninn Chemical In TEXTURED CONCRETE 1SINK 1 s 5. Seller will installthree (3) gunite steps per plan that totalL2_square feet in th EST RIVERBEND SANDLER H the depth of the third step will vary depending on the step locations. The folio •AbO 5F. O additional structural items are included in the pool: concept* W # of Bencbes:2_Total LengthJi__FL Sundeck#J TotalSquare E # of I ovesaats^ Pool Out of Ground: Expanded Pool Beam: R TILE/COPING 6. Seller to install 353 ft. of 6" ceramic wateriine tile andil ft. of 6" rock tile a; r**« @f 7. Seller will use decorative masonry materials to construct pool as specified on ELECTRICAL 8. Seller's electrical installation will meet current National Electrical Codes and V A^Jl codes and includes complete wiring of all equipment shown. 9. Seller has Included all brass and PVC conduit necessary for proper electrical EQUIPMENT m Filter- Jandy NL Backwash Vlv Upsff^faiion P„mp. 1NTELL1FLORUV / II. Automatic Time Clock & Freeze Sensor included for tho Circulation pump Ifc not selected. / 12.Chlorine Dispenser - Rainbow 320. Optional Additional Type: Aqua Pure S; *""> 13. Computer Center Jandy PDA PS8 (Pool/S»fa Side Contrnl/None 14.Additional Booster iriuwita/iin.imiou c . rAUUil•«>:!.n cjlkj:*. miro. c ^f-^l MAX m "• —^^^—^—^— vj!*rJ!si_ ROCK TYPE iSIAHDARO r—, KOILING ROCK BEAM LJ BOLDERS *. « • L7J SLAB ROCK . ) Revised 02-IB-C5 11-A| EXPANDED BEAM PROFILE RIVERBEND SANDLER'S EXCLUSIVE EXPANDED IS' SUPER STRUCTURE w / I/2" STEEL ON IC" CENTER INCLUDED IN PROPOSAL COPYRIGHT 2011: THIS PLAN MAY NOT BE USED OR REPRODUCED, OTHER THAN Buyer to wet down gunite once daily for seven davs and when plastered, to brush plaster in accordance with requirements foi RIVERBEN 4016 W. PLANO MWY.  16.Bar-B-Que Gas Line: 0 feet (Hookupand Pit installationis not Included) 17.Diving Board Size and Tvoe: SR SMITH 6 FT Dl^E BOARD WHITE 18.Cleaning System: Polaris 280 Typeot Slide: None SPA SPECIFICATIONS 19.Spa Elevation: 1S_ Inches. Spawill have Two (2) Safety Main Drains a/d F 20.# of Hydro TherapyJets:5 Air Blower Typeand Size: ' 21 Optional Spa Booster System NOTincluded / POOJ<: PLUMBING / 22. The pool will have 2 SKIMMERS, jl RETURNSand 2 SAFETY MAIN I 23. Seller will use aminimum of 2" RUCTION and 11/2" RETURN Llf^ES. 24. Seller will install an overflow outlet to drain excess water from jwol and an integr? refill line attached to the hosp'bib "*l ifaccessible. if accessible. OptionalFillip Optional Fill L<;irp Autpfill 25. Seller will install a Backwash Line to P-Trap with sight glas* and vent valve 1 6.Seller will install a Separation Tank /. 1 • uses positive lock Jandy Never-Lube valves at at squipi equipment. DECKING & POOL DRAINAGE SYSTEM 28.lf Seller instai ! decking, the thickness or the concrete willbe 4", the stee reinforcement ity/ill"fee3/8" rebar on 12" centers and the cushion sand under the cc decks will bei a a" minimum minim of 4". , of Deck: Deck - Colored Release Tc/turc . Sq.FL:3 Othe^Oeoking: \ J— . Sq. Ft.:iJ Square)4«tofTurndown Beams: j&v / Deck Steps Length:£ Expansion Joints: Expansion Joints Sjrwcul # of Deck Piers:0 30.Mas/lc will be InstaTfad between coplrfg and concrete deck. Color: Dcco Seal Tai 31.If/Seller installs coofec^tettecks, Seller will Install drains in immediate pool area us sewor/drain pipe, nnjss draimgwtes are used on deck drains. Down spouts In th 'immediate pool«ije will be connected and /or planterdrains will be Installed Inthe / area and tied filowainage system. , Deck Drams will runoutJfom poooi!— feetandwill terminate at the 18Tfl There isvymp pumpyncluded to pump excess water from pool area «i /POOL INTERIOR FINISH Type otjnuirior FinishrHiver Sand Prcm Kinish Color. Not Selected /^ /ADDITIONAL SPECIFICATIONS Buyer\ls responsible for the cost to repair any UTILITIES damaged during constru the (Wol and meeting all Nationaland City BARRIER CODE REQUIREMENTS. /CUSTOMER INFORMATION 103523 Name:, JASON GOODMAN Mapsco: 4£JiL Addros's: 6613 AUTUMN MIST COVE City; LITTLE ELM State: Texas Zip: 2i!M_ Job" Site Address: 6613 AUTUMN MIST COVE .City: LITTLE ELM State: Texas Zip: 75068 Jlome Phone: 469-247-1488 Work Phone:. /Cell Phone I: 469-247-1488 Cell Phone 2: Subdivision: SUNRISE BAY AT I 1-WlSVII.t.K LAKE Lot: 2i . Block: RESIDENTIAL COMMERCIAL • NEW HOME CONST. Submitted By: Date: (UotptMialU-l S.t..l.77T Buyer: . (Hu)erSita«ture, Date: Buyer: . (HuyrrMgnaluir) Date: Accepted By: HANK HENRY Date: flbfilit S.n.lUr I HEBBffl PIANO TV 7^001  Plaintiff’s Exhibit 8A Blown-up Duplicate of Plaintiff’s Stipulated Exhibit 8 (Not included) STIPULATED EXHIBITS Exhibit 1 J9513 **** Electronically Filed Document **** Denton County Cynthia Mitchell County Clerk Document Number: 2013-69513 Recorded As : ERX-WARRANTY DEED Recorded On: June 07, 2013 Recorded At: 01:42:11 pm Number of Pages: 3 Recording Fee: $24.00 Parties: Direct~ LANGLEY KELLY 8 Indirect- Receipt Number: 1050348 Processed By: Jane Kline **********"**THIS PAG E IS PART OF TH E INSTRUMENT uuuuuu Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. Tti (. SrATE Uf TEXAS) COUNTV O F D ENTON) I ~ucby ct.rlilJ' U.at tlt.is Lnatnt..CJ\t wu r-ILED In t.h~ Ftlc Nva\u r u .qucncc- \In t.ht \lttcl•i•c ..u~lc.tl .e,on, -.11d wu d~o~Jy RECOROEO V. tlile Olfici• l R•co' t\r o r 0 1 nlon Cow.ty, Tu u . County Cl u k · (hMao Coat~ty, "Tu:u Doc-69513 \soa L~ !3s+t2-1 NUTlCE Of! CONFIDENTfA LlTY RIGHTS: IF' YOU Allli A NATUHAL l'JmSON, YOU MAYRW\iOVE ORSTlUKEANY OR ALL OlfTHE FOLLOWTNG lNii'ORMATION FROM At'iY JNSTRUIVIRNT Tl:IAT TnANSFERS Ai~ INTEREST IN HEAL PROPERTY BR)s or implied, has Gmntcd, Sold and Conveyed, nud by these prc.SCIIIS docs l\CrcbyGrant, Soil ami Convey, uuto the said Grantee all thnt certain real property located iu Denton County, Texas and described as fo llows: LOT 114, BLOCK l OUSUNRlSI!:JIAY ATT,t\ICF. LIL\VII:IYILLE, AN A.OlllTIONTOTHF. CITY OF LITTLE ELi\1, DENTON COUNTY, TEXAS, ACCORDING TO nm PLAT THEREOF R ECOIWEO II\' C;\JlJNET L, PAGE 22•1, PLAT m~COIUIS, DENTON COUNTY, TRXAS. together with ....~""""'--- (description of identity card) to be the person whose name is subscribed tot 1e foregoing instrument, and acknowledged to me that said person executed the same for the purposes and consideration therei n expressed. Given under my hand and seal of office this 1 day of ~L( , 20_B After Recording Return To: IIARRY .T. IHZIOS ~~y_s~ Page 2 CERTIFIED ATRlJE AND OOR.RtiO'r OF THE RECCRo ON FILE IN ~om'J CYNTHIA MITCHEU. " ~ ~-~ )EN'I'O . #'tqL- NTYCUAK _ __ DepUty Ckri Exhibit 2 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the Town of Lakewood Village Resolution 12~0 1. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that 1 am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 16th day ofMarch, 2014. ~d_o_~~ Li Cia Asbell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas  THE TOWN OF LAKEWOO)) VILLAGI 1: , TEXAS RESOLUTION NO. 12-0 I A RI~SOLUTION OF TJ-m TOWN COUNCIL OF THE TOWN OF LAKJi:WOOD VILLAGF.., DENTON COUNTY, TEXAS, ADOPTING AN OFFICIAL TOWN MAP OF THF- COJ1POI~ATE UOUNDARIF.S AND Tl-IE EXTRA TI~RRITORIAL BOUNDARIES OF THE TOWN OF LAKEWOOD VILLACE, TEXAS. NOW, THEREFOIU~ . Lm IT IH:SOLVEI> BY Tim TOWN COUNCIL OF TI--m TOWN OF LAKEWOOD VILLAGE, TEXAS: I. That the map or till: boumlariL'S or thl.! town limits and Extra Territorial Jurisdiction Limits ol' the Town or l.akl.!wood Villngc prl:s~ntl'd to the Town Council at th~; Town Council meeting held on April 12. 201 2 is hereby adopted and approved as the oflkiul map or the Town or Lakewood Village, Tex•1s and amends nnd replaces any previous official map or the Town or l.a kcwood Vi II age, Te:-.;as. 2. That the original or this map, attached as exhibit /\, shall be maintained in tht.: orficL" or the Town Secretary. 3. That the Town Secretary is hereby directed to lile with the County Clerk or Dcntnn County a ccrti lied ~.:opy o f this Resolution and map. PASSED AND APPROVED by thl: Town Coum;il ol' the Town or I.ak~wood Village. Texas this 12 day or April200 12. 111 1\Til~ST: Resolution 12-U I Exhibit 1\ TOWN OF L/\KR~IOOD VILLAGE OFFICIAL MAP Oak Point Little Elm City Limits Oak Point City Limits ETJ ) Little Elm I ETJ -+ La kew~o d Village ETJ r-- _. ,.· ' ,. , / Lakewod Village ( Town Limits l \.-~;; R ~so lution I 2-0 I Pnge 2 of2 Exhibit 3 DEPARTMENT OF TEcHNolOGY 5ERvJCEs 940-349-4500 701 KIMBERLY DR., SUITEA285 Fax: 940-349-4501 DENTON, TX 76208-6301 www .dentoncou nty.com March 27,2014 Dear Sir/Madam, I hereby certify, in the petformance of the functions of my office, that the attached instruments are fitll, true and correct copies of the maps maintained by the Geographic Information Systems. The same appear of record in my office and said documents are the official records from the public office of the GIS Depa1tment of Denton County, Texas, and are kept in said office. I further cettify that I am the Manager of GIS Depmtment of Denton County, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of Denton County this 27th day of March, 2014. Rachel Crowe GIS Manager, Department of Technology Services Denton County 701 Kimberly Dr. Suite A285 Denton TX 76208-6301 940-349-4590 Rachcl .Crowc@dcnloncounty.com Lakewood Village Mary Hom- County Judge Hugh Coleman- Commissioner Precinct 1 Ron Marchant- Commissioner Precinct 2 Bobbie J. Mitchell- Commissioner Precinct 3 Andy Eads-- Commissioner Precinct 4 • INTERSTATE --E}-- U.S. HIGHWAY -(!!}-- STATE HIGHWAY ~ FARMTOMARKET MAJOR THOROUGHFARES MINOR ROADS ttt CEMETERY RAILROADS ;- ....., . AIRPORTS --..-- STREAMS lAKES & PONDS City Population Denton> 100,000 Lewisrille 40,000- 100,000 Corintbl~ 39,999 -·- s.a,u-~9,999 N A NAD 1983 StatePiane (Zone 5351) Texas North Central Lambert Confonnal Conic N W ~ ~;z~~ E s 1 inch = 0.1 miles March 25, 2014 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the--ground survey and represents only the approximate relative location of property boundaries. Denton County does not guarantee the correctness or accuracy of any features on this product and assumes no responsibility in connection therewith. This product may be revised at any time without notification to any user. CONTACT INFORMATION LAHOIIARKIIAP GIS: gis..dentoncounty.com E-MAIL:: gis8dentoncounty.com DEPARTMENT OF TECHNOLOGY SERVICES Exhibit 4 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby ce1tify, in the performance of the functions of my office, that the attached instnunents are full, true and correct copies of Extra Territorial Jurisdiction Map showing the Sunrise Bay area. The same appear of record in my office and said documents are the official records from the public office of the Town SecretaJy of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further ce11ify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a Lawful possessor and keeper of the cecords in said office. In witness whereof I have hereunto set my hand and affixed the official sea] of The Town of Lakewood Village this 26th day of March, 2014. Ltn a Asbell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas •) Exhibit 5 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of Extra Tenitorial Jurisdiction Map showing the 2-foot contours of the Bizios Property area. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town ofLakewood Village, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. ln witness whereof I have hereunto set my hand and affixed the ofticial seal of The Town of Lakewood Village this 26th day ofMarch, 2014. Lm Asbell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas Exhibit 6  DENTON CENTRAL APPRAISAL DISTRICT CERTIFICATE OF AUTHENTICITY OF OFFICIAL RECORDS STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned official on this day appeared ROGER HARRIS, who is personally known to me, and first being duly sworn according to law upon his oath deposed and said: My name is ROGER HARRIS. I am over 18 years of age. I have never been convicted of a crime, and I am fully competent to make this affidavit. I have personal knowledge of the facts stated herein, and they are all true and correct. I am custodian of records of the DENTON CENTRAL APPRAISAL DISTRICT. Attached hereto is 1 page of duplicate copies of official records from the District's Appraisal Records. These said pages of records are kept by the Denton Central Appraisal District in the regular course of business, and it was the regular course of business of the Denton Central Appraisal District for a representative of the District with knowledge of the act, event, condition, opinion, or diagnosis, recorded to make the record; and the record was made at or near the time of receipt of same or reasonable soon thereafter. The records attached hereto are exact duplicates of the originals. Y~\l.;ce:· ROGE RRIS CUSTODANOF THE RECORDS SUBSCRIDED AND SWORN TO BEFORE ME ON THE 26th day of March, 2014, to certify which witness my hand and official seal. Enclosure: NOTAR PUBLIC m and for the State of Texas Owner Records (Screen Prints) for: PID 182659  DATE--3..;;;...t-/....;Z_;;HENCE SOUTH ~4· 53' 49' WEST~, 369.66 FEET TO A GOVERNMENT MONUMENT FOUNDt NECESSITY AT ANY TIME OF PROCURING nlE PERMISSION OF ANYONE. BEGINNING I'>T 5LB' IRON ROD WlTH CAP SE"F IN THE SOUTH LINE OF lHE DAVID M. CULE SURVEY, THENCE. NORTH 38'21'36' WEST, 491.89 FEET TO A GOVERNMENT MONUMENT FOUND• ABSTRACT NO. 226. 1\T THE NORTHWEST CORNER OF THE WM. H. PEA SIJRVEY, ABSTRACT NO. 1044, SAME BEING THE NORTHWEST CORNER~ OF SAID CALLED 315,6 ACRE TRACTt ~ . THENCE SOUTH 19"02'58' WEST, 282.09 FEET TO A GOVERNMENT MONUMENT FDUNDI THENCE SOUTH B5"18' 5:1'. EAST ALONG~ THE COMMON LINE OF SAID CULE AND PEA SURVEYS. 1935,13 FEET. TO AN 1/2' IRON ROO FOUND• THENCE NORTH 02"42'00' EAST, 34.57 FEET TO AN 1/2' IRON ROD FOUND• . THENCE SOUTH 53"13'24" WEST, 367.65 FEET TO A GOVERNMEN~T MONUMENT FDUNDo THENCE SOUTH 54"14'25' EAST, 330.49 FEET TO A GOVERNMENT MONUMENT FOUNDJ WITNESS ~MY HAND. THIS THE _ __,)'--~~--- DAY OF ;~/ , 1SISI5. THENCE SOUTH 18"31'1~' WEST, 198.45~ FEET TO A GOVERNMENT MONUMENT FDUNDo WEST IN THENCE SOUTH B4" 30'1!.0' EAST, 421.17 FEET TO AN 1/2' IRON PIPE FOUNOJ THENCE SOUTH B0'27'1~' WEST, 162.24 FEET TO A GOVERNMENT MONUMENT FOUND• THENCIO NORTH 89" 24' 00' ~EAST, 22:1. 12 FEET TO AN 1/ SURVCON INC. THENCE SOUTH 13"20'29' EAST, -182.8~ FEET TO A 5/R' IRON ROD WITH CAP SET• 5710 LBJ FREEWAY. SUITE 370 5710 LBJ FREEWAY, SUITE 370 t£S001TE DALLAS. TEXAS 75240, <214) 'l60-'l651 THENCE SOUTH 13"3B'26' WEST. 208.76 FEET TO A 5/8' IRON ROD WITH CAP SET; Doe/Hum : 95-R00457'34 DALLAS, TEXAS 75240, (214) 458-2173 THENCE SOUTH 85"02'31' WEST. 217.40 FEET TO~ A GOVERNMENT MONUMENT FOUND1 VICINITY MAP Doc/T)'pe : PLA UTILITY PROVIDERS• N. T.S. Record1 \1![: '38.00 TELEPHONE• SOUTHWESTERN BELL T.C, ~ B. JOB NO. 45-94008-203 Doc/Mgmt : 6.00 3~7 NORTH KENTUCKY STREET Receipt II: 21161 MCKINNEY, TX- 75~69 Deputy - CASSY ELECTRIC• D.C.E.C. 351!1 F.M. 2181 SHE.ET 1 OF 4 - CORINTH, TX. 7621!5 -t==::::::=~==·-~===-~=~===:::;::===============~~-"- '"-· ~ -~- '' --------- I l --- -----.:.-- -- 174 173 172 1.32 A() 1.03 AC 1.1S AC 171 !.24 1¥:; 135 [§] [§] !. Hl AC 16B ·167 5 1-1 1,02 AC 3 141 SCALE 1"=200' I ... I 1.14 1. 02 AC 137 11 !.l'l AC 1..,1 1.22 AC 140 1.53 1\C 144 1.30 AC 160 !.33 AC 146 1,38 AC 1-1 ! ~<'+-~~'"-'- --= ~ i C) 22 1.35 AC ,J_ <:> i 156 ''' '' 24 ~ I.H AC· I "" I 155i 154 !.Sci AU !.Gq AC [§] f I- I 1-1 -' " CJ ~-, 42 1.04 AC GENERAL NOTES• i 1. l TH~RAOIUS ON ALL BLOCK CORNERS IS 20.00 FEET UNLESS OTHERWISE NOTED, 39 NMG: I 2. l ALL EASEMENTS ON LOT LiNES ARE CENTERED UNLES.S· OTHERWISE NDTEO• 1.10 AC ~ ..,,,..'!-· . . ~~ /lfAff4J'f£11/JUVtiT OF Db41ft/T~IJr-'t5 JJ.,.,P fo.c= 3. l A 20 FOGT UTILITY / SLOPE EASEMENT ADJOiNING ALL Rl6m OF' WAYS IS HEREBY DEO!CATED. A 10 FOOT SIDELOT U.E. / D.E. IS HEREBY DED.!CATED. . ~3 ' ()lfi.r1,ill't:.F /lltPUifif~eAff"S Wf11-t/ltl ttl£ /JIIAfl'f~£ 4. l ELEVATIONS REFEfiENCED TO IMl.S. DATUM SITE B. H. • BRASS DISK MONIJI\IENT l.B7 AC [§] .· jfiVO /Oil tffiUOf E'M~114#AJfS 9#1f'AJ ON rt.lt5 .STAMPED F q47 H48 N 540426.228 E 2161833.063 ELEVATION 576.40.· · 5.! U. INDICATES UTILITY EASEHENT• W.L.E. !NOleAT~S W~TER LINE EASEMENT! D. E. INDICATES DRAINAGE EASEMENT! B.L. INOI~ATES BUJLOINB LINE If 44 1.50' AC PlJI.'f" /lerr us,Oivsr&ll.d'l rll£ IAIQnfiDVIIL 11/L tf S.E. INDICATES SLOPE EASEMENT. 6. l THAT PROPERTY SHOWN HEBEON WHICH IS SITUATED 'BETliEEN THE 537' FOOT GONTOUR- (MEI\N SEA LEVELl AND THE BOUNDARY OF LAKE LEWISVILLE RESERVOIR, IS SITUATED IN FLOOD ZONE a15 (10~ YR. FLOOD) PER FEMA HAPS NO, 480774 3153C, PttoPeutl fJIV'VUS AND 1 ~ f.YM'~"v &Jv~Vrl/. ·._,-.t H ""·) -"" I \!, ;> DATED f!/i'3/qJ, AND NO. 480774 0225C, llATED q/14/qe, "THIS PROPERTY IS ALSO S!JilJECT TO .AN EASEMENT RESERVED IN- A QU11CJ.Al:M DEED REC'O 1 '-··r<·E'""·-~ ·-, r-~', •' '~ JN VOL. 4S3,PG.444 O.R.tl.C.T.- IN THIS DEED THE U.S; A~ RETAII>!S THE -PERPETUAL RIGHT TO ~t: 1N i j) ·J l LL~ FLOOD THAT PORTION OF THE PROPERTY stLOli THE ELEVATION OF 537 FEET I MEAN SEA LEVEL. l !"''"'> r <""'- _._,. :-~- "''~ 7. l THE DEVELOPMENT OF INDIVI.DUAL OliNERS SHALL NOT Bt.OCK ANY Tf:'',: 132 I "" ! 1. 76 AC >< ('} 1. H! AC :..;J ....-- ,... , "' ~ 76 ~~ @ 1. 15 AC "' 74 1.41 AC 71 2.18 AC 58 1.32 AC COHMDN GREEN NO. 5- 3.4<3 of\Co _, 65 1.03 AC ,-~'I"" '-~ '14 (Y'\ ., ' !. 14 AC cr~_;: '13 1.30 AC '-.); 62 '11 1.1·i58 ·1'£ ~~~3$ N:'{S:53-flE 1015'.66 Ui:!I~:I~Bl t~:: 137.<43 0-!5<4-34-W 11 138.67 26-28-~ 300.1118. l3 '"""' 41.12 S.1Ni4·34V . 17.'11 '51 -l ')'"liH :i:lii.OO !16 32:. 1:3 Jf.Sl-t7-00~ 10 3a'1.M !8 3!..42: 'liHili!-00 ze.oo 177 1 H-oc41 s-i!-54·3-l-ti •• :.U-:315>-2.<; av.S0 S&I:-,U-BSE 351:;, 76 14 17-'11 2'1.75 51:-{"3·04 85-1.3-11 2-'1:.90 1711· m Sill:-:u f7lf'•.-•41 SU-13-H'!:.: a a-s+-34W 17 18 """·"" 2-43.!'>') _...,_.. 31-1116"-lli:l ..-.oo- ,...... 2S9.ilol· -OOG-l5'-53E: S12··UH51£ 321' 15:3 Z?Q.9<} "' ••• 21 "' 23 a-< 32.1-3- 17• .q1 .43.21il 17.<31· ~.f--.2:7-SO£:. ~1·1 1Hf4 41~15-11 51-1<3.:0.,.. 2:S.IiiB- sa.-es 20~-'l~a- .. '"' 1El2 , 1•• 12-S. 71 Hn.:.u 1-s<)~SZ 0.73 S3'3-3-of-.5o4W S li!l..:li:li!H.6E $23- HJ-l0E S4i!~15-2'lE 1~ "' 21 ""23 412~11 .of-7.12 31.-4.2 n.2.. ts 118-«l-4a. qjii-00-ii!J 91i'J-IIIIH111J 12·07~31il -38~1i1Q Zl!l.;liiQ- 531!.~ N73·H·-4BE 544-05-261.:'; ,H!S-64-;).4£ l't26-5S~11JE ..... a:-42:. qe 42.43 111. 32:.00" NB"H!_5,..261f j .. N.71·25~17E ~.at 2S~·2e-31il SilaOO· SJ'I6,.512~22£ 1?._32: 27 ... 2ts.-4'l ..... 5.1-i.00 1-1~41 N B-64-3.(E ·'57 17~"ll 51·1"1-04 2!1... S77-0S_-32:E 17.32: "•• 46.3$ ?«'rl·l,.5Ill 12-1!7-W . 47S.Si:J" SB5'-~"'2l'E llll.32 m ..., S05-1¥.1-20E ...... 31 • .42: '10-.00-08 2:9.-Be_ 2•t 5ill.r walls and Specifications on-s~e at al &nes. The Contrnctor shall notify city bu;ldings officials and/ a< department 24 h0U1'5 prior to the commencement of any wonc. 1rr in heig~t or greater. 6.)Unless specifically noted otherwise. framing lumber shall be 0 ~ !i ~ X ;:: ~~ 3.)Con.struction inspection may be performed by representatives af the OWner. Engineer. City, Geotechnical Engineer and no. 2 or better soUthe- - ~ s ~ 0.. ::::: .,_; ~ Reviewing Authorities and Agencies. Unre$tricted access shall ~ be provided to them during normal wooong hour... The contractor is responsible lor unde.slanding and schedulir1g 7.)Wood roof and floor trusses~ used shal be fabricated, hondled, and erected in accon:tance with ttuss plate institulo ! ! (.)0 "~ required inspections. standards and IBC standards. Truss design drawings sealed ;& a: w by a registered professional engineer shall be provided to the 4.)AD contractors mus1 coofine their activities to the work area. owner prior to erection of the 1russes. The truss webs end E: g No encro.,chments outside of the defined wot1<' area will be bottom c::hoc'ds shatl have their individual X' thick components allowed, unless specifically noted on the plans. My damage glued together as wen as nailed pe< llle tNss pi.'lte patte Installation. horizontal reinlorceIS:•Id ~ ~ DI!{ii(J .,...-( z C'f:) C\"1 ~ ITJ::)NctlUlSill:U SOJ'.lUI ~ ,..... .,...-( 2:-- Q OHd AN VdJI\10~) NNVJt\1!IJIOH NV'IV (/) v.~· ·) Ze ~~ ~~ ~~ ~:n rn ~ J : : ~ j • !'I I : :1 : I • :/ W / / : ;'! ; .; : : z I I.  P£~\NNO. 7134 11Al5/l3 NOTES: 0 I []_ FIRST FLOOR -"_..---_ ... ...._ """~~c .. "' Ll'llcrii)JII............~4C:J.,.. AREAS LIVING ~\ FIRST FLOOR A/C / 553& j SECOND FLOOR A/C ( 1 3&!<- LOFT I 229 TOTAL LIVING ~ ' GARAGES 2 CARS &1B 2 CARS 61B SHOP 221 PORCHES ENTRY • GATE 1 75 ENTRY· FRONT DOOR 1 23 PRIVATE 82 BACK SNGLE VOLUME 471 BACK DBL VOLUME 505 I GARAGES/PORCHES 2813 ;;:!;,;;~R:_f;::~q:7if¥==:C:=:"t='';::::re!!iil-.,..,.;1L---HIA111ns!atlarfons TOTAL UNDER ROOF 1...____...-i) ~ ToFIIJidtn .Su • ' m~~~-~------------------------~~ I. PLAN OVERVIEW SHEE'l' SC'A LF::: iJI.ii!"- I' SECOND FLOOR A-1  NOTES: I.OOt.cPll'IMTH.N.L$TATI,~.Aif!Jt.OCA.l bUilDING CCXIES, OftOOW.ICE~IHJ REGUlATIONS PERTMIIHQ TO CONSTRUCTION. 7134 2. CONNICTWAT!R. GAS.NIO B.I:CTRIC ~~TO EXIS'nNG U'TUT"'E$ ~ ACOOACW«::f' ¥«TM LOCAL aTY ISI.II&.t*G OOOES.IF NU0m. 3. MMUUN ANISiitO 'lOOR (lfVA'ftOH:'H.U.II AT lfAST r AaOY£ MNIMUfol FEW~- 100 'I'£AR R.OOO \ El.£VA.TION,ORMNOTEOOHSITE. 4.AU ~n.tGS TO!XTENO mowG~W>E .,...MUUAS P£R lOCAl 000E AT KAAIHG llt05113 \ - n,.utO(N • t.IM I'HI 'T'I!IO WAU.$. INTBt'OR e.e.t.RWG FOOnNOS 6"' INTO NA.l'lJAH.~ UNt£$$ OTtERWISfZ NOTED. S.I!XTERIOit WALL$r xr sTUOnw.rtNG v~ \I'EH!EASAS:stu:CTm. s.lftlf'TERJORWAI..CS rx•·\"oUOOstuowrrH SMttt'ROC:KFACE, EXCEPT WH£Ftlt SfotO'Mf A$&"' 2; WAU. FOft P\.l.IUSING $UPP\,Y N«JVEHT'$ 1. WHf ALL Plue.eHQ STAOCS TOREAR:Oif HOUR 9 ~ ~ t. HENXR HOGHTS SHCWIN AltE TOP OF 'WIHOOII ~ HEIGHT$ t. rat~CTIOtU07.2.11.1 10CSMOICE DETECTOR I.OCAllOKS SHOWN ONELE~ 0 :gd ~,. P. e. ""'"' 10. oo.rocs.IOHSANOSCAI..f.ONi.YJ.CCUt\T'i.IF PlOTTED ON 2..-x:w PAGE. II,-.oow HEADER IClGHT$ TO MATQ4 E)(ISTI!-4G Wt«)()WS UNt.£$$ NOT£0 QTHER'M~ tZ. ONEUSION$ s.HO\".W ME.ASURE TO STUl WALL • I :6- ::~ il ~;.. Tl4CIS P£RTAJNIHO TO OClfiiSTRUI;Tl()N, 2. ~ECTWATER. GAS. AHD fL.ECTRIC L.KSTO 7134 - lfr - - - nora ..tl ~nNC:Uti.IT!J:~l'oiA~'M'n ~ MVEHUitS. F0011HG$. SHU'1"RRCK nc. HOT..ct.I.CED. Q. WA,J I rrpca = = I I 'S*'IJTIJOY ...' " I .~ --;:::a::;;· ~-·4 FIRST FLOOR PLAN sc·Au•~ 3/Hl" - ,. A-2B  l't, \ N NO. NOTES: 1, CCJUPI..V wtTH ALL STATE. COUH'TV, ANO LOCAL 8l.&OINO COOES. ORDttW«:UANO Rf.OlAATlONS PERTAINING lO CONSTAUC110N. :l.C:ONNECTWATU\. OAS, N'40 o.ECTRIC t.N$ TO 7134 EXIsnNG UTIJTIES: "" ACC:ORDAHCE WITH LOCAL CtTY IUII.DING CODES. IF WI!UIED. 3. ~FNSHEOFL.OOREL£v.tiTlOHWU&e AT LEAST r MOVEJ.IHIMW F6IA tOO '~'EAR A.OOO TlA'l'fll llSVA'nOH. ORAS NO'I'E)OH stnL l .AU. FOOllNQS TO EXTOl) IB.OW GAA0E .,_M.b.IAS P£Rt.OCALCXICI! ATMNI:IHG WAUS. 1N'lliR:IOA BEAA:lNO F{)OTlHG,S C" INTO llt05/l3 H41\IIRAl CAAOE UN..£$$ OTH9lY«$£ NOTED. S.. txT!RlOR WAIJ.$ T X r STUD nu..t.uNG wmt VEHEERS AS SELEC'Tm, I . IHl tRIOR WAU..S 2" X. ol' W000 S1U) W'lfii SHEET'ROCK F~ EXC£PTWHEit£ SHC'J'Mol A$6"' WALL FOO PUJ~G SUPPlY ANOYOITS z 1. vafT AU.PI.UM81NaSTACKS TO ~Of= HOUSE. I. HEADER HEIGKT$ SHOWN AR! TOPOl W'HX1N ~ 9 ..~ I·• 11. WINDOW HEADER teGHTS TO W.TQ4 exJS'nNG WINOOWSIJNl.l!$;$ HOTtD OTKRY'o'ISIL 12. ~SHOWN MEASURE TO ST\IOWAU. • TMCICNESS OF VEHURS, FOOT\NG$. St1EE'T'FtOCI<. I ~ ~ ::; H .,. 3 :t ETC. NOT NCl.UOlD. Q. ::i..... ~ ~ ~ ~ W AI L XXP£$ :.r. -~' "' ,;;ry$ '"?:X:X:;. ~ s;&;x;:g;i! ·., SUirs Sh!!!l Comj:Ay ~-,~rl\ lAC So!cUotl ;al l .) B QQR PUN DI§CU.IMEB ntr:Geiii!~COMT~Ob'I....U.~ »> ---.. .,.,.,., TMI~O#-'UM~.....O~ e~ n«-.OOQII.e.TSilHO.stW.L ~"'-1KUM roa OOIQIOIFNtf~NCI.QII~IWCJilTO . . ;... 1 ,_ 'I)C$TNITO/FCONmiUC'nDJC.JI'QICUPQIQ401tlQMM.J.M ,... ____. _ lUIOAM.MQr ll"ta"IEQ.fl«Qfiii[JIIAL IIO'I'If:IOI'IATM) ......... I#Gif&w.llilt1111MM ......_............. , M.ICI.\'t.. AAOM'f'*U.AU. TOOCJHTAOI.n.OIJ/IUtY 0/l=:.=r~.., .......... n:tYOIIM'raa(:JWIWCV ~...-liO&fr.OCOOU Mit r/ -· lM'~OFnEGOCN&.~'t TO -·-·-·-·-·-·-·-l ~Nfr~ICCli&M'I'TO~tifAIILINOII' MI~O'!Mtii!IIOJICT. I'UICU!IIOKiroii!Cif&CH OCDtiOTHIIC4-Tl i'O(:...,_V ,OV.Cf~ ~-- --------·----------.··.. SECOND FLOOR ..... _____ /···· PLAN SCALE: ~116" - I' ...-.. A-3  l'tu\ N NO. 7134 1>.\TIJ 11!05/13 FRONT/NORTH ELEVATION ELEVATIONS 1 SCAT.~ 3/l(l"'": 1' A-4 REARISOUTH ELEVATION  7134 ·----···---..._ 11;()4113 LEFT/EAST ELEVATION -· -·-,-. .,. All fnStaflaiJans Subj To Flo1d lllSP5/l3 ...······· ····---------------.... 1 .~~ T 1 . ... . . . . . ........ . . .B"J . . -'·1;~ ·-----·---·-·-·-·····-t ELECTRICAL 2 SHEE'l' SCA [J(l]: 3116" - l' E-2  et:> ~ z -< ~ co ~ ~-< s ~ i c- ;::.: ..... ~ OHd  •o .... s, tD,..a•---~SON­ --- .1 -~ aNv•oL• ~· ·.u .~-~r .. ifo) Ht~;;;-. -.~~ ,~--,r---;:;;: ;:-:--.1-~-r---..,..- ~· f ~---,:-:--,--c--, l',l • l I l"l a. c: 0 g~ ,s, ~~ c- r~ ~~~ ~J ~&&: 0. t ~! ., ~1:. ..... .... ~~ ~ .,. li ~L_ ~ ~ ,I ~ .1 "'i l ~~~~!;~!:; - - - - - - -,, ..... ~H ~~r! __ s'>~t' ~~ ~~- :;l;nssnn~ " ~ h e; ~ ~ ~" . ..... .. " .. " ....... ~ ~ ~ ~ ~ ~ ~ ~ " " = ,. ~l!~ ~ ~ i ' -~ -----~ -... ~ .. -.-. N N - - • - •~ ipl fJ mi &! ••• • • - ... - - ... ,. • ~~ ~" "" ~ ~ ~ ~ ~ >t f ~ =~ a a ; u ~ • a x s ~ ~ ~ ~ ~ • ~ ~ ~ • , a a l! ;; 1! ~~~~ l Jj i ~a Q 11 ~"•~~~~~.Q~i ~i~~u~~s~~~~~~~~~~~~~~~M•~•~ -- .~. • 1 i J·t • J,.1ul' 11••! h:-:- c~- cf - tG'• 1·'· •j t!~. 'hi~:Jrj ''1 i ~llil ' 1 141 il:jliJ•li~ lg~·r~llil il ~;! l: !~ i!ll1 fi~~~. ~~~~ !!iii!!! l:i~l:ii l·, •Ji:'_i!l •Jf.'z •t r • - !f' I Ut,i:·~~i!·lh .~ih~li1 ·tH~~tfllittf ·~ ii i•i i·tiUI tJ!{·,}! t'Hif'' ·~U.it!i!ilt · "'¥-~ WU!I!iil~!i~!ii~~;i!~i!!~:r ili JK Jlln Jl Jlil!!~il '! ) mlnl!d!llfimli U"'":. I  r-"- -"'--l i ~f I• • tr OL, - . ! !"' ' 3~ ~1~ liJ ®Perimeter Grode Beam at Pool AI ~" ....,., "'*""" 10 ~Mt M pd.tnl'41 ~p;JOI'ocatioosPICIIbl..,..,..to H· ..... r.... ......,.,.... ® :~~· 9 j Ji.' --- ·--(~ :::.::.r."" @Memote Perimeter Grode Beam @ . /';;'\ l- \.V Column ·~· - )fJ r.. Footing AI _ _ _ _ _ . _... ! ......- - . _ _ _._._.,._ --- · • ~ • ~ " ' - ' I W _ U . . , . . . . , . . . . ~ . . , . , . - ~ . . . , ~ 1 - J SO!l~S ,.,.,,.t ;;~ $t ~ ~ t.l!t tV"~·J.') ''~ ,,,, .......~~ 1.. ~. ~· ~ "'. , '1 SOX31 'WIJ •111n !- -····-···-- ---- UO!j JO~OUU!dS 096£ l ·1" ta :101 .., tr )«) ti!:JUapJS~~ a}OII!Jd IJUOWJJOH UOf9' /T!  -.,..._____ 1, .. .,.,......, ......... - o . . _ ..__.....,_..,., MIJ.._~~ l:llt-1\C).C..... - - • .................._ i I I I _____ .. ~.....,.. - lli:C>U........,""*" ----•rMKL ......___ ... , ,. ,..........,_._ .. IllI I -.-_..........,.. .... ,._,,.. .. _~,oil __ ..,.,r .............. ,..,....,,_,....., _,. _..,.,r., ____ . ! t .... ·--~ ...... .. ., ...... ., =";-t!~=:.::::.--=.: ............... ,~ ..._ ......._..,_. _.._ . ..... ... l' II Ii ~ I ! i' II ~ J --~\110.......,. __ ,. ,... ,__r ,. .. lfiOOllot('lt- ... -., .. _.,....,. ,_.JfollilL......,_...._ -- Q....,_ ·- __.... .... ___ ...... ,v..,.... _ . . ,,. ......... \110, i. _____ ::':~"':.~:-u::....-:::~·-== _.,,v~ -._~~---c.-- , .... .....,._,.,, ._._ ... ................. ........... .,_. _.. ....,...., .. ...-- ........,.· '"'""'~.......-. .,_."'""""""- . ~; I Ii ! I I '' ~ I .. · - · ..... ~~' ......... _."""vt :-::::..=::::.::::""".. - · ~ I Ii ~ :..-;:.~:;:::.~-- ·- 1 ............. ,,c..a.wf"'•lr•- - r- . ! ' i; • o •s IH ' ~ . ~e l :;~ ; l-" ~ \l'tf Jl - ... ~ >. ·; :- ,., ~ i ~ .· I ~ .f ,. • Cll ...: ·. : 'Z t .. ~ " t ( ~ tt I ~~ i 1 ,,,e t ~ ... ~t . I' M~n:>poot""" $rltd~.,.,U1 200!11RCRoq_ , &f"I(JCipl:t1dQcd1r..V'C(."'" Alllnsl:!ilotlons Subject To Aeld lnlpectlOno 111<1 ltlspoctor ~ftl frqmfng Plgn • Stten4 Dqgr C.jfiM "'!!W:f .. . ~ll"·•t- - .,,,,_. _ _ _ _: - ••• ... .•J ..... _ _ _ , .• ...,_.. .. • • :.~;; .. *4ft•• , ' .... ...... . ..,...,...._ ••_ .. ..,....,.a•-·•· .~ ~,... ·•--·- •!1·! -. .. .....-.~·.! SO!Z!9 t ~ f-- 1-- t\C1 .1 11• .~I ' . ~ I "~' •' $Ox&i 'WIJ amn '-1-- - V':V\~ tt' tll, _,"l'.,..• 1'!1-1 Un!J J·~OUU!dS 096l: --- -··- l .o1•J \rQ ';, -1-- ---- a~u~pJSa.ij alO/\!Jd uUOWJIOH UO"'  __ ~ 1 ...., . . . . . . . . . . . . . . MiJt..t; .......... W~ .,... .."'~ar.....s:t..c..,(Cal)vll4-.~ llli!U.....,.,.,.w._.....,..,...,_ .. ....... ......, ~ ..... ._~. 0.1l~tS' ,.,....._.~,...:.-......,•lko.tuu .....,,.,........,.... .. , ~G.tu..u . . . . . , . , . . . . , . . . tc ............... .. ..._ r.- ~_,...., ~ ....... • S!ti)fC lt114 _.,., .u.t )I f'r-i o..,..w sa ,... .... ..,....... ,.. .._ C'll' ..,. " $"'1-014 »IW....., l 1 t )I 1 • . . . . . . . . . . . . . . . . . . , . - . . . . . . UAQ._ ..... ~~r- ... ntt•-_...,,..., .,...tlllfted ...... ~ . . . . . . -W'l. ,....., ... eca....,." ....... .......,_., ,, ~ ... -~.a_ ... Gorooe a I 0 l1J I !... " " ',.:::;,,j..;.."":,.,l •· I , .. I ... -.... , :,OJ ,. I , ._. I , .. , ... - -~-;== I --- ....,, -........ .. I .. I ~ r..::::::-.,1 ~,. .,,. I I ,,.. I 6' .. S~.ar Woll Oe-\~n Colcu~UoM • t.toifl Hous~ -·-- -·........ -- ..... - ---....- ....... ...... tirrlc• ..... -·oot'4 (IIJ ~1'1) ._ ,,. ....,00 f""'-lM ~ ,.,.....,.... car.. ac): ..._ .....- ... . ...... H .,,., , . ..... '~ oc ..."'.. r J4-..1.t!'CC .- ..... I i p - · · :~ «" ·- &.tf" ~T ·~- ,... llll lnslaiiO\OOns Subjact ..- I I 11.:-. , ...... :.r « To Fllld ~ono otld 1)2 lnSI)OCior l\pploiiOl •;"("" I ..... I ICI-1 1"' I ., ., ., . .... sw// ' ~~~ , . .... 2.~ Q¢ ...._, """' I HI -~ I I 15,.,.. ,,....,,. ...... "" I•-. • 2..- oc:: ! S •C l?'.Oot ·~ •:r o: " / ~2 2nd Floor Plan - Shear Wall Plan :.;.· 1314079 Exhibit 9 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the Town of Lakewood Village Stop Work Order dated March 14, 2014. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that 1am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day ofMarch, 2014. Lmda ~sl5ell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas Exhibit 10 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full , true and correct copies of the Town of Lakewood Village Stop Work Order dated March 13, 2014. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the offidal seal of The Town of Lakewood ViJlage this 26th day of March, 2014. Lm Asbell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas Exhibit 11 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the photograph taken of 3960 Spinnaker Run Pt. dated March 10, 2014. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014. Lmda ~soell, TRMC, Town Secretary Town of Lakewood Village Denton Cotmty State ofTexas Exhibit 12 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) l hereby ceJtify, in the performance of the functions of my office, that the attached instruments are fuJI, true and correct copies ofthe photographs taken of3960 Spinnaker Run Pt. dated March 13,2014. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said ofiice. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day ofMarch, 2014. Linda As'beU, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas Exhibit 13 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the ftmctions of my office, that the attached instruments are full, true and conect copies of the photographs taken of 3960 Spinnaker Run Pt. dated March 14, 2014. The same appear of recotd in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. T further certify that T am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014. Lmd Asbell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas Exhibit 14 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby cetiify, in the performance of the functions of my office, that the attached insh·uments are full, true and correct copies of the photographs taken of3960 Spinnaker Run Pt. dated March 18,2014. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereof! have hereunto set my hand and affixed the official seal ofThe Town ofLakewood Village this 26th day of March, 2014. Linda ~sbell , TRMC, Town ~ecretary Town ofLakewood Village Denton County State of Texas Exhibit 15 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the Town of Lakewood Village Builder Registration for "3960 Spiimaker Run Pointe". The same appear of record in my office and said documents are the official records from the pubHc office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that l am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014. ~c:J oYdr-J,; 02 ~ell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas  BUILDER REGISTRATION APPLICATION /\! !/ BlJII.D EH INH)l~MATJOO :~:~:-:::::!:-Ad_ Jt,f~ I 1-1-E~_J__A~c...~~ ;~,;~J*:y:jf _~ _ vlAt-r~ !J.Jv. ) llliii.UEI ~LJ.-A ~UUJ~-,4_t;{oc_......_ , - -:------------ I'IIONE/1 ~:f~~~)~~~_MEt\.JBERSIIII'/1. 1~---;-/JT.:AVYff; 'I 2> -~:5 . -AS!aLI(n-;;J ~ 6-I/J~IL?....... ~--- I'IIONE/1 1Pd~~b-df?--~"~EMRimsHII'II _ _ Z/~Y-~ -r----_-_--=._-_-=-- PROPERTY OWNEJ!SJNFOHI\'IAI10N PROPERTY OWNEI~ /-IAAJ MIIII)I.E FlitST LAST OWNERS 1\DDn ESS & TEI.EI'I-IONE/1 AI>I>JU:SS OF IIOME TO Ill<: BUILT ELEVATION GIHJUND FI.OOI{ LEVEL TOTAL SQUARE FOOTAGE Page 4 Exhibit 16  DR VOL OO_±?~PAGE 144 J l STATE OF TEXAS ) ) COUNTY OF TARRANT ) ·~- :, ....... QUITCLAIM DEED { _.,""- 526 . 'KNOW ALL MEN BY THESE PRESENTS: That the UNITED STATES OF AMERICA, acting by and through the Secreta:r;y of the Apny, under and pursuant to the powers and authority contained in Public Law 85-500, approved 3 July 1958, party of the first part, for and in consideration of THIRTEEN THOUSAND FOUR IIDNDRED TWENTY EIGHT AND 17/100 DOLLARS ($13,428.17) , to it in hand paid by Joe A. Reeves and wife, Ruth Gossett Reeves, party of the second part, the receipt of which is hereby acknowledged, does by these presents bargain, sell, remise, release and forever quitclaim, without warranty, express or implied, unto the party of the second part, their heirs, representatives and assigns, all that right, title and interest which the party of the first part has or may have had in or to the following described property situate, lying and being in the County of Denton, State of Texas, to-wit: A Portion of Tract E-424 A tract of land situated in the County of Denton, State of Texas, being part of the Wm. M. Pea Survey (A-1044) and the John King Survey (A-718), and being part of a 161 acre tract of land acquired by the United States of America from Joe A. Reeves and wife, Ruth Gossett Reeves, by deed dated 13 August 1953, and recorded in Volume 390 at Page 493 of the Deed Records of Denton County, Texas, said 161 acre tract being designated as Tract No. E-424 for Garza-Little Elm Reservoir., Texas, and being more particularly described as follows; From the northwest corner of said Wm. M. Pea Survey, south 60°40' east, 540 feet to the point of beginning, said point being the most northerly northwest corner of said Tract E-424; Thence south 81°25' east, 917.8 feet to a point; Thence south 66°25' east, 530.3 feet to a point; Thence south 80°13 1 east, 138.5 feet to a point; Thence south 23°11 1 east, 478.1 feet to a point; Thence south 79°59 1 east, 190.1 feet to a point; Thence south 11°17 1 east, 604.8 feet to a point; Thence north 43°45' east, 140 feet to a point in the east boundary line of said Tract E-424; Thence along the common line between said Tract E-424 and the tract of land acquired by the United States of America from J. C. Olsen and designated as Tract No. E-429-1, south 00°50 1 west, 265.8 feet to a point;· Thence severing said Tract E-424 as follows: south 86°50 1 west, 139.0 feet t,o a liiJ:rm pin; north 51°24 1 west, 100.3 feet to a 1 11 iron pin; north 22°23' west, 445.0 feet to a 1 11 iron pin; north 28°05' west, 342.0 feet to a 1 11 _._iron pin; north 34°22 1 west, 278.7 feet to a 1 11 iron pin; north 55°45 1 west, 323.0 · feet to a 1 11 iron pin; south 83°57 1 west, 294.6 feet to a 1 11 iron pin; south 41°00 1 east, 422.4 feet to a 1 11 iron pin; south 20°44 1 east, 268.0 feet to a 1 11 iron pin; south 13°48' west, 160.8 feet to a 1 11 iron pin; south 73°49 1 west, 347.4 feet to a 1 11 iron pin; south 25°01 1 east, 426.5 feet to a 1 11 iron pin; south 18°06 1 east, 534.6 feet to a 1 11 iron pin; south 38~33 1 west, 514.3 feet to a 1 11 iron pin; north 62°38 1 west, 557.4 feet to a 1 11 iron pin; south 88°23' west, 114.6 feet to a 1 11 iron pin; south 04°07 1 west, 90.0 feet to a 1 11 iron pin; south 71°27 1 east, 130.6 feet to a 1 11 iron pin; south 29°22 1 east, 349.8 feet to a 1 11 iron pin; south 30°29 1 east, -393. 6 feet to a 1" iron pin; south 26°17 1 west, 300.8 feet to a 1 11 iron pin; south 32°53 1 east, 93.0 feet to a 1 11 iron pin; north 32°38 1 ·: east, 182.5 feet to a 1 11 iron pin; north 53°49'· east, 331.5 feet to a 1" iron pin; north 80°35 1 east, 653.3 feet to a 1 11 iron pin; south 82°05' east, 226.5 feet to a 1 11 iron.pin; north 22°21 1 west, 163.3 feet to a 1 1' iron pin; north 53°57 1 east, 432.6 feet to a 1 11 iron pin; south 24°05 1 east, 275.4 feet to a 1 11 iron pin; south 80°03 1 east, 212.0 feet to a 1 11 iron pin; south 13°19' east, 182.8 feet to a 1 11 iron pin; south 13°41 1 west, 209.0 feet to a 1 11 iron pin; south 85°04' west, 217.4 feet to a 1 11 iron pin; south 04°49' east, 158.0 feet to a 1 11 iron pin; south 51°20 1 west, 149.4 feet to a 1 11 iron pin; south 21°51' ·east, 243.6 feet to a 1 11 iron pin; south 04°30' west, 369.0 feet to a 1 11 iron pin; north 38°29 1 west, 492.3 feet to a 1 11 iron pin; south 19°03' west, 281.8 feet to a 1 11 iron pin; south 52°55' 'west, 368.0 feet to a 1 11 iron pin; south 54°15 1 east, 330.0 feet to a 1 11 'iron pin;. I '  DR VOL 00463 PAGE 445 ~~-------------- " ~·• VOL 463 PAGt445 south.l8°28 1 west, 198.0 feet to a 1 11 iron pin; south 80°4.3' west, '160.0 feet to a ~" iron pin; north 59°22' west, .326.8 feet to a 1 11 iron pin; south 15°41 1 east, 425.2 feet to a 1 11 iron pin; south 60°.37 1. west, 166.6 feet to a 1 11 iron pin; north 80°08' east, 180.0 feet to a 1 11 iron pin; south /i-3°40 1 east, 1.31.0 feet to a 1 11 iron pin; south 25°00 1 east, 100 feet to a point in the co~on line between said Tract E-424 and the tract-of land acquired by the United States of America from T. H. Purnell and designated as Tract No. E-415-.3; Thence departing from said severance line, along said common line, west, 255.0 feet to the northwest corner of said Tract E-415-.3; Thence along the common line betwee~ said Tract E-424 and the T. H. Purnell property, south 82°00 1 west, 120 feet to a point; Thence north 21°.36 1 west, 157.6 feet to a point; Thence north 65°.32' east, 469.9 feet to a point; Thence north 4.3°11 1 west, 529 .. 1 feet to a point; Thence north 81°57' east, 488.4 feet to a point; Thence north .39°07 1 east, 1508.1 feet to a point; The~ce south 78°41 1 west, 482.4 feet to a point; Thence south 60°40' west, .388.9 feet to a point; Thence south 42°01 1 west, 504.6 feet_to a point; Thence north 26°27 1 west, 422.2 feet to a point; Thence south 5.3°06 1 west, 977.5 feet to a point; Thence south 06°5.3 1 west, .396.2 feet to a point; Thence north 46°44 1 west, 2.37 •.3 feet to a point; Thence north 21°11 1 east, 1081.8 feet to a point; Thence north .35~52 1 east, 492.7 feet to a point; Thence north 68°49 1 west, 682.1 feet to a point; Thence north .30°10 1 east, 62.3.1 feet to a point; Thence south 57°41' east, 848.4 feet to a point; Thence north 06°20 1 east, 619.4 feet to a point; Thence north 51°25 1 west, 592 •.3 feet to a point; Thence north 5.3°40' east, 628.5 feet to a point; Thence north 50°.35' west, 1346.1 feet to the point of beginning, containing 108.25 acres, more or less. Subject to the following: · (1)· There shall be reserved to-the Government the perpetual right and easement to occasionally overflow, flood, and submerge the herein described lands below an elevation of 537 feet, mean sea level, there being 59.70 acres, more or less, lying below said elevation. (2) In connection with the above reserved easement, no structure for human habitation shall be constructed or maintained on the herein described lands below an elevation of 537 feet, mean sea level. . (J) With respect to said land and in connection with.the above reserved rights and easements, the written consent of the representative of the United States in charge shall be obtained for the type and location of any structure and/or appurtenances thereto now existing or to be erected or constructed · below an elevation of 537 feet, mean sea level. (4) ·There shall be reserved to the. Government the perpetual right to maintain mosquito control and to enter upon the said land for this purpose below an elevation of 537 feet, _mean sea level. (5) Existing easements for public roads, highways, public utilities and pipelines. TO HAVE AND TO HOLD the foregoing described premises, together with all and singular the rights, privileges and appurtenances thereto in anywise belonging, unto the party of tbe second part, their heirs, representatives · . and assigns forever, subject, however, to the restrictions, reservations and conditions hereinbefore set out and any existing encumbrances. IN WITNESS WHEREOF the party of the first part has caused these WilberV. Bruck&r presents to be executed in its name by ~ Sec.r£>"!::t"l:'v ~:[ the Army this.2o~~y of' 19~b. UNITED STATES OF AMERICA . -~uR&~.e~ Wilber M. Brucker . . Secretary of the Army . - B'l'A'l'E Oli~ ViRGINIA ) ) ss COUNTY OF ARLINGTON ) BEFORE ME, a Notary Public in and fo~ the State of Virginia, Count~ of :~ Arl~ngton, persbnally appeared ~~:)u~ , to me . and officer whose name is subscribed:tcr the known . to be . the identical person . . foregoing instrument and acknowledged to me. .. that he executed the said instrument for the purpose and consideration.~herein . . expressed and in th;  DR VOL 00463 PAGE 446 i- VOL capacity therein stated and as the act and deed of the United States of .America. GIVEN UNDER MY HAND AND SEAL "OF OFFICE this _ __,.c.)~d:....!~:::::::.::...::...:::.-- day of ~.J/4._ 19£!. NOTARY PUBLIC IN AND FOR COUNTY OF ARLINGTON, STATE OF VIRGINIA FILED FOR RECORD: 19' day or~'~ A•D.l961 atL(j :/0 o'clock .M. RECORDED: vf?t:L:day oif/: ~""'~A.D.l961 at7f:tJ o o'clock C{ M -(/~ ~'A.J. Barnett,Clerk County ---..:. • -------miE~~~~~~~~~~=====·=:=====D~e~put Court, Denton Coun!y. Texas Exhibit 17  10 -A Denton County Commissioners Court __J~_n_26, 2()10__ oate \D ~COlf5 Court Order Number The Order: Mary Horn Abstain No Absent Commissioner Pet No 1 Yes 'jL Commissioner Pet No 2 Yes )(' Hugh Coleman Abstain Ron Marchant Abstain No No Absent Absent C.OJJJJI!i§sioner Pet No. 3 Yes 'A_ CgmmJssJQow.PclN_o .4 Yes ~ Bobbie J. Mitchell Abstain Andy Eads Abstain No No Absent Absent Motion Carried 5-0 ~ 0 Other Action: Pulled from Consent No Action __ Postponed __ BY ORDER OF THE COMMISSIONERS COURT: ATTEST: Assistant District Attorney /' '- ") ~ .' Oerilun County_-.· -', , _, p. 165 or 220 --------------~---·-·--------  RESOLUTION APPLYJNG SUBCHAPTER F. CHAPTER 233, TEXAS LOCAL GOVERNMENT CODE, TO CERTAIN RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREAS OF DENTON COUNTY- BEGUN AFTER FEBRUARY I, 2010 WHEREAS, the Texas Legislature passed HB 2833 during the 81" Regular Session, codified in Sections 233.151 through 233.157 of the Texas Local Government Code, to provide for the health, safety and general welfare of all Texans through home construction standards in the unincorporated areas of counties, and WHEREAS, the citizens of Denton County desire the construction of quality housing and wholesome living environments for its citizens living in unincorporated areas. NOW, THEREFORE, BE IT RESOLVED, that we, the Commissioners Court of Denton County, in accordance with Section 233.153, Texas Local Government Code, order that construction of a new single-family house or duplex on a vacant lot begun after February !, 2010, in the unincorporated areas of Denton County must conform to either the version of the International Residential Code published as of May 1, 2008 or the version of the International Residential Code that is applicable in the City of Denton, Texas; and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.153, Texas Local Government Code, any construction of an addition to an existing single-family house or duplex, if the addition will increase the square footage or value of the existing residential building by more than 50 percent, begun after February I, 2010, in the unincorporated areas of Denton County must conform to either the version of the International Residential Code published as of May. 1, 2008 or the version of the International Residential Code that is applicable in the City of Denton, Texas; and FURTHERMORE, BE IT RESOLVED, that notwithstanding the above language and in accordance with Section 233. !53(c), if the above described construction occurs in the extrsterritorial jurisdiction of a municipality that has adopted a building code for the municipality's extrsterritorial jurisdiction, the building code adopted by the municipality controls and building code standards under Subchapter F of Section 233.153 of the Texas Local Government Code have no effect in that municipality's extraterritorial jurisdiction. FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.154(a), Texas Local Government Code, a minimum of three inspections must be performed to ensure substantial building code compliance in the construction of a new single-family house or duplex or the construction of an addition to an existing single-family house or duplex begun after February 1, 2010, in the unincorporated areas of Denton County. The three required inspections during the construction project, as applicable must be performed at (1) the foundation stage, before the placement of concrete; (2) the framing and mechanical systems stage, before covering with drywall or other interior wall covering; and (3) completion of construction of the residence. For remodeling construction to an existing residence in which the structure's square footage or value will increase by more than 50 percent, theipspection requirements must be performed as ' ~ ' ' • f ! : Resolution- Certain Residential Construction in Unincorporai~ Areas of Denton County· Chapter 233 Tex. L<>e. Gov't Code ·Page I of3 _____________.... .....;..,::._ .. ::.._... ____________  -· -·---~~--·---------------------~ necessary based on the scope of work of the construction project. The builder is responsible for contracting to perfollll the required inspections with (I) licensed engineer; (2) a registered architect; (3) a professional inspector licensed by the Texas Real Estate Commission; (4) a plumbing inspector employed by a municipality and licensed by the Texas State Board of Plumbing Inspectors; (5) a building inspector employed by a political subdivision; or (6) an individual certified as a residential combination inspector by the International Code Council. A builder may use the same inspector for all the required inspections or a different inspector for each required inspection; and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.154(b), Texas Local Government Code, a builder perfolllling construction of a new single-family house or duplex or the construction of an addition to an existing single-family house or duplex begun after February I, 2010, in the unincorporated areas of Denton County must, prior to beginning the construction project, provide notice to the Director of Public Works/Engineering. The Denton County Commissioners Court prescribes the Notice of Residential Construction in Unincorporated Areas attached to this Resolution as the required Notice. The notice must include (I) the location of the new residential construction; (2) the approximate date by which the new residential construction will be commenced; and (3) the version of the International Residential Code that will be used by the builder to construct the new residential construction, and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.!54(c), Texas Local Government Code, not later than the I Oth day after the date of a final inspection, a builder perfolllling construction of a new single-family house or duplex of the construction of an addition to an existing single-family house or duplex begun after February I, 2010, in the unincorporated areas of Denton County must submit notice to (I) the Director of Public Works/Engineering and (2) the person for whom the new residential construction is being built, if different from the builder, stating whether or not the inspection showed compliance with the building code standards applicable to that phase of construction. The Denton County Commissioners Court prescribes the Notice of Residential Construction Inspection Compliance in Unincorporated Areas attached to this Resolution as the required Notice. HUGH COLEMAN, COMMISSIONER PRECINCT I Resolution- Certain Residential Construction in Unincorporated Areas of Denton County· Chapter 233 Te•. Loo. G<>v't Code - Pago2of3 --~----~------------~  OMMISSIONER AITEST: Resolution- Certain Residential Construction in Unincorpornted Areas of Denton County- Chapter 233 Tex. Loc. Gov't Code • Page3 of3 ·-·-·-·-··------------- -----··············---------------------- DENTON COUNTY NOTICE OF RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREA BUILDER/ CONTRACTOR INFORMATION COMPANY NAME: _____________________________________________________________ BUSINESS ADDRESS: MAILING ADDRESS (IF DIFFEREl'lT): PHONE NUMBER: HMMLADDRESS: ---------------------------------- FAX NUMBER: ------------------CONTACT PERSON:------------------------------- PROJECI !NFORMAJ!ON TYPE OF CONSTRUCTION: (CHECK ONE) C ] New Residential Consfruction on Vacant Lot [ I Addition to an Existing Residential Unit LOCATION ADDRESS (INCLUDINO ZIP CODE): OR LOT AND BLOCK# __________________ SUBDIVISION:------'-~----------------- SURVEY: - - - - - - - - - - - - - - - - - - - - - - - - - ~CT: ------------------------- PLANNED DATE TO BEGIN CONSTRUCTION: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESIDENTIAL CODE TO BE USED IN CONSTRUCTION: (CHECK ONE) [ I INTERNATIONAL RESIDENTIAL CODE -published May I, 2008 [ I INTERNATIONAL RESIDENTIAL CODE- applicable in Denton AlTfHORIZBD REPRESENTATIVE SIGNA11JRB PRINTED NAME DATE  DENTON COUNTY NOTICE OF RESIDENTIAL CONSTRUCTION INSPECTION COMPLIANCE Received IN UNINCORPORATED AREA Permit# !NSPECfQR INFOBMAT!ON NAME: ______________________________________________________ BUSINESS ADDRESS: MAILING ADDRESS (IF DIFFERBNn PHONBNUMBER: -----------EMAIL A D D R E S S : - - - - - - - - - - - - - - - - FAX NUMBER: ----~---- PROPESSJONALREOJSTRATION (TYPE AND#) _ _ _ _ _ _ _ ___ PBOJECT INFORMATION DATEOFINSPECf!ON: - - - - - TYPEOFCONSTBUCTION: (CHECK ONE) LOCATION [ ] New Residential Construction on Vacant Lot ADD~S: _______________ [ ] Addition to an Existing Residential Unlt RESIDEIIT!AL CODEUSED IN CONSTRUCfiON: (CHECK ONE) [ 111ITERNATIONAL RESJDEIITIAL CODE- published May I, 2008 OR LOT AND BLOCK# - - - - - - [ 111ITERNATIONAL RESIDENTIAL CODE- applicable in Denton SUBDMSION: - - - - - - - - CONSTRUCTION PHASE: (CHECK ONE) SURVEY:------------- [ ] FOUNDATION STAGE (before placement of concrete) [ ] FRAMING AND MECHANICAL SYSTEMS STATE (before covering TRACf: - - - - - - - - - - - with dcywall or othor interior wall covering) [ 1 COMPLETION !NSPECf!QN CONCLUSION At the indicated stage ofconstruction, the proJect indicated above is: (check one) [ ] IN COMPLIANCE [ 1NOT IN COMPLIANCE with the residential code used in construction. COMMENTS: SIGNATUBE OF INSPECTOR PRINTED NAME DATE  10- A AGENDA PLACEMENT MEMO DATE: Jan 22, 2010 · TO: Commissioners Court FROM: Bennett Howell SUBJECT: Resolution -Residential Construction in Unincorporated Areas of Denton County REQUESTI;:D ACTION/RECOMMENDAI!QN Approval of a resolution applying Subchapter F, Chapter 233, Texas Local Government Code, to certain residential construction in unincorporated areas of Denton County- begun after February 1, 2010, and any appropriate action. The Texas State Legislature enacted HB 1038 during the 80th Regular Session, effective September 1, 2007, that provided criteria for the inspection of homes which heretofore were not subject to the inspection codes of a municipality. The requirements of this bill was supposed to result in homes that were in greater compliance with the accepted residential building standards, safer and with fewer construction defects. The Legislature also created the Texas Residential Construction Commission (TRCC) to oversee this new law. The TRCC was also supposed to license builders, monitor compliance and store the Inspection records. The Legislature during the 81st Regular Session passed HB 2833 which essentially eliminated the TRCC and placed the responsibility on the county government to ensure residential home builders were complying with HB 1038. However, HB 2833 did provide counties with the authority to enact building codes, inspect the structures or require the builders to provide inspection documentation, it specially stated that counties cannot charge a fee for this service. This proposed Resolution provides that the County will be the depository for the home inspection documentation for homes constructed after February 1, 2010. Home builders will be required to notify the County when construction is going to begin and submit documentation that the inspections were made in accordance with HB 2833. OPERATIONS AND MAINTENANCE. Denton County Planning Departfl1imt will provide the forms to the builders and file the inspection records as part of the curr!)nt Development Permit Application. This Resolution will not place any further burdens on the builders since these inspections Jan 22, 2010 8:20AM Denion County p. 166of 220 ----------------~--~-- .. -··+·'-------·----------------- ---- .............. - ~----------·----------·-~-- were supposed to be occurring prior to 2007. l.E~,t>._L_!~EORMATION The Legal Department has worked closely with the Public Works Department on this Resolution. E!JIIANCIAI,.JMF'ACT This Resolution will not have any financial impact on the County or the home builder. The Resolution has an effective date of February 1, 2010. PRECEDJN(LCQIJRT ACI1QN None Jan 22, 2010 8:20AM Denloh Counw p. 167 or 220 ----------------------------··~··~·-----------------------------------  10- A Denton County Commissioners Court Request For Agenda Placement Submitted By: Bennett Howell Requested Agenda Date: Jan 26, 2010 Department: Public Works/Engineering Grouping: PUBLIC WORKS Specific Agenda Wording: Approval of a resolution applying Subchapter F, Chapter 233, Texas Local Government Code, to certain residential construction In unincorporated areas of Denton County begun after February 1, 2010, and e any appropriate action. APPROVAL FLOW 10 -A - Resolution -Residential Construction in Unincorporated Areas of Denton County . Jan 22, 2010 8:20AM Den-tori ~Ouilt~'- p. 164 or 220 ,I)< -·~~----·~'"'-· ~~j..o.v~~.:...· ....~·>' ---~ CI~H riFlED COPY CERTIFICATE STATE OF TEXAS, COUNTY OF DENTON I, CYNTHIA MITCHELL, County Cleric o f Donlon County, ·l exas clo hereby certify that this Is a true & correct cor y as same appears of re ord In my olfice. Wilnr.ss my hn of olfica on Cynthia Mitchell Denton County Clerkt By Deputy \~ I 1 \ Exhibit 18 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) 1 hereby certify, in the performance of the function s o f my office, that the attached instruments are full , true and correct cop ies of Denton County Noti ce to Home Builders and Home Buyers. The same appear of record in my office and said docume nts are the o ffici al records from the publ ic office of the Public Works Department of Denton County, Texas, and arc kept in said o ffice. [ fut1her certify that I am the Director of Public Works for Dento n County, Texas, that I have lega l custody of sa id records, and that I am a lawful possessor and keeper of the records in sa id office. ln w itness whereof I have here unto set my hand this I st day of Apri l, 20 14. Bennett C. Howel l fiT , P E, C F Denton County State o fTexas { Denton Count~ Ucparhncnt of Public Worl . ... ~- NOTICE Ho1ne Builders and Home Buyers On Januar) 26. 20 I 0. Denton Count~ Commissioners Court apprm cd a resol ution that nppli~s to Cl.!rtain resich.:ntial construction in the unincorporateJ an:ns or Denton County. Th is resolution applies to you if: • Ynu are building ~~ homl.! 111 the unincorporated an;as ul· l kntLm Cuunt) after Februar~ I. ::w I 0: or • You arc remodeling i_Ul 1..''\iSLing hOilll..' in thl.! unincmporateJ areas or Denton Count~ after Fcbntar) I. ~0 I 0 and the addition incrca.s~s the square footage or val ue of the existing home h} mnn.' than 500,o. • This appl ies if you arc constructing a singk-l'amily house or Jupkx. The nc\\ home const1·uction and rcmudl'l must conform to either·: • l ntermniona l Residential Code published as or May I. 200S: or • I"IH: version uf' the fnlernational ResicJcntiall'odt.: that i!' applicable in the City of' D~:nt0n. T he State l stage b~:rorc covering wi th drywa ll or other interi or vva ll covering: anJ ur (' omplct ion 0 r construct i (lll the rcsiJent:e. 1 o For remodeling prujccb that meet the definition of this resolution, the number or inspecti ons are ba!-.1.!0 on the scope or work or the project Who performs these inspections'? • Licctht:d Engineer: • Registered Architect: • Profess ionallnspl'Ctor liccn::.cd b) the Texu~ Real bilate Comm issio n: • Plumbing Inspector employed by a municipulity and licensed by the Tcxa<; State 11oard or Plumbers: • Building Inspector employed b~ a po liti cal subdi vision: nr • Individua l certilicd a<> a residential combination inspcCtl)f hy the Internal Code Counci l. • The builder muy usc the s;,.tme inspector ror all th\.! n.:quired inspec tio ns o r a different inspcc10r li.1r each rcquircd inspection. Who receives the documentation~, • lh.: builder shall prov ide the inspection inflmnati nn to the home buyer and Denton Coumy Public Works. • T he rcquin:J fbrm s me attacht.:d to thi ~ Notice. o The builder uses tht: lirst form to nntil) the County spcc ilieall~·: • Location of the new residential co nstruction • /\pproximutc Jatc b~ \\ hi ch lhl.! constru<.:tion "ill he commenced • Tht: \'crsion or the International Res identia l Codl! used to construct the hl)l11e o The bui lder uses the s~cond form lo tloc wnent the inspections.  RESOLUTION APPLYING SUBCHAPTER F. CHAPTER 233, TEXAS LOCAL GOVERNMENT CODE, TO CERTAIN RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREAS OF DENTON COUNTY- BEGUN AFTER FEBRUARY 1, 2010 WHEREAS, lhe Texas Legislature passed HB 2833 during the 81st Regular Session, codified in Sections 233.151 through 233.157 ofthe Texas Local Government Code, to provide for the health, safety and general welfare of all Texans through home construction standards in the unincorporated areas of counties, and WHEREAS, the citizens' of Denton County desire lhe construction of quality housing and wholesome living environments for its citizens living in unincorporated areas. NOW, THEREFORE, BE IT RESOLVED, that we, the Commissioners Court of Denton County, in accordance with Section 233.153, Texas Local Government Code, order that construction of a new single-family house or duplex on a vacant lot begun after February I, 20 I 0, in the unincorporated areas of Denton County must conform to either the version of the lnlemational Residential Code published as of May 1, 2008 or the version of the International Residential Code that is applicable in the City of Denton, Texas; and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.153, Texas Local Government Code, any construction of an addition to an existing single-family house or duplex, if the addition will increase the square footage or value of the existing residential building by more than 50 percent, begun aft.er February I , 2010, in the unincorporated areas ofDenton County must conform to either the version of the International Residential Code published as of May . 1, 2008 or the version of the Lntemational Residential Code that is applicable in the City of Denton, Texas; and FURTHERMORE, BE IT RESOLVED, that notwithstanding the above language and in accordance with Section 233. 153(c), if the above described construction occurs in the extraterritorial jurisdiction of a municipality that has adopted a building code for the municipality's extraterritorial jurisdiction, the building code adopted by the municipality controls and building code standards under Subchapter F of Section 233 .153 of the Texas Local Government Code have no effect in that municipality's extratenitorial jurisdiction. FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.154(a), Texas Local Government Code, a minimum of three inspections must be performed to ensure substantial building code compliance in the construction of a new single-family house of duplex or the construction of an addition to an existing single-family house or duplex begun after February I, 20 I 0, in lhe unincorporated areas of Denton County. The three required inspections during the construction project, as applicable must be performed at (I) the foundation stage, before the placement of concrete; (2) the framing and mechanical systems stage, before covering with drywall or other interior wall covering; and (3) completion of construction of the residence. For remodeling construction to an existing residence in which the structure's square footage or value will increase by more tJ1an 50 percent. the inspection requirements must be perform~d as Resolution - Cc:na in R~iden tial Constm ction in Unincorporated An.'llS of Denton County · Chapa:r 233 Te.\. Loc. Gov't Code · Page 1 of 3  necessary based on the scope of work of the construction project. The builder is responsible for contracting to perform the requi red inspections with ( I ) licensed engineer; (2) a registered architect; (3) a professional inspector licensed by the Texas Real Estate Commission; (4) a plumbing inspector employed by a municipality and licensed by the Texas State Board of Plumbing Inspectors; (5) a building inspector employed by a politi cal s ubdivision; or (6) an indi vidual ce1tified as a residential combination inspector by the International Code Council. A builder may use the same inspecto r for a ll the required inspections or a different inspector for each req uired inspection; and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233. 154(b), Texas Local Government Code,~ builder performing construction of a new single-family house or duplex or the construction of an addition to an existing single-family house or duplex begun after February I , 20 I 0, in the unincorporated areas of Denton County must, prior to beginning the construction project, provide notice to the Director of Public Works/Engineering. The Denton County Commissioners Court prescribes the Notice of Residential Construction in Unincorporated Areas attached to this Resolution as the required Notice. The notice must include (1) the location of the new residential construction; (2) the approximate date by which the new residential construction will be commenced; and (3) the version of the International Residential Code that will be used by the builder to construct the new residential construction, and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233 . 154( c), 111 Texas Local Government Code, not later than the I 0 day after th e date of a final inspection, a builder performing constructio n of a new single-fami ly bouse or duplex of the construction of an addition to an existing single-family house or duplex begun after February I , 2010, in the unincorporated areas of Denton County must s ubmit notice to (1) the Director of Public Works/Engineering and (2) the person for whom the new residential construction is being buil t, if different from the builder, s tating whether or not the inspection showed compliance with the bui lding code standards applicable to that phase of construction. The Denton County Commissioners Court prescribes the Notice of Residential Construction Inspection Comp liance in Unincorporated Areas a ttached lo this Resolution as the required Notice. IN WITNESS THEREOF, we have hereunto set our hands and caused the great sea] of Dcnton Countyto be affixedthis ,"XL dayof ]'..,,,, ,_, ,2010. ADOPTED fN OPEN COURT the _j!::._ day of Janu!ll}.. 2010 upon Motion made by )._ k~Ac 1/i 1; /~II and seconded by 4',, /, cr-1- >~ , and J members of the court being [ 'and voti0 /1 ' MARY HO"--·~'-J H GH COLEMAl\J. COMMISSIONER PRECINCT I Ro:solution - Ct:nain Residential Construction in Unincoi'JX)ratcd Areas of Denton County - Chapter 233 Tt:x. Loc. Gov't Code · Pugc 2 of 3  MMISSJONER AITEST: CYNTH IA MITCHELL, County Clerk and Ex-Officio Clerk oft mmissioners Court of Denton ~op~ty , ("_- ......- .~r.... '• '\ ·.... Rcsoluuon- Certain Residential Construction in Unincorporated Are~ of Denton County- Chapter 233 Tex . Loc Gov't Code ·Page 3 of3  DENTON COUNTY Received NOTICE OF RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREA Permit# BUILDER I CONTSACTOR INFORMATION COMPANYNAM~ ----~--------~-------------------------------------------------- BUSINESS ADDRESS: MAILING ADDRESS (IF DIFFERENT): PHONE NUMBER: - -- -- -- -- - - -- - - - - - EMMLADD~S: - -- -- - - -- - - - - -- -- -- - - - - - - -- - - - - -- - - FAX NUMBER: - - - -- - - -- - - -- -- -- - - CONTACT PERSON:--------------- - - - - - - -- -- - - - - - - - - -- PRO,JECf JNFORMA TJON lYPE OF CONSTRUCTION: (CHECK ONE) [ 1New Residential Construction on Vacant Lot [ 1Addition to an Existing Residential Unit LOCATION ADDRESS (INCLUDIN G ZIP CODE): OR LOTANDBLOCK # _______________________ SUBDIVISION: - - - - - -- -- - - - - - - - - - - - - - - - - - SURVEY: ----------------------------- TRACT: - -- -- - - - - - - - - - - - - - - - - - - -- - - - PLANNED DATE TO BEGIN CONS'ffiUCTION : RESIDENTIAL CODE TO BE USED IN CONSTRUCTION: (CI:fECK ONE) ( J!NTERNATIONAL RESIDENTIAL CODE -published Muy I, 2008 [ ] INTERNATIONAL RESIDENTIAL CODE- applicable in Denton AUTHORJZED REPRESENTATJVE SIGN ATURE PRJNTED NAME DATE  DENTON COUNTY NOTICE OF RESIDENTIAL CONSTRUCTION INSPECTION COMPLIANCE Reccivc:d IN UNINCORPORATED AREA Permit# INSPECTOR INFQRMATION NAME: __________________________________________________________________ BUSINESS ADDRESS: MAILING ADDRESS (IF DlfFERENT): PHONENUMB~ ----------------- ~LADDRESS : __________________________________ FAX NUMBER: -------------------PROFESSIONAL REGISTRATION (TYPE AND 1/) - - - - - - - - - - - - - - - - - - PROJECT INFORMATION DATE OF INSPECTION: ---------- TYPEOFCONSTRUCTION: (CHECK ONE) LOCATION [ JNew Residential Construction on Vacant Lot ADDRESS: ----------------- - [ ) Addition to an Existing Residential Unit RESIDENTiAL CODEUSED IN CONSTRUCTION: (CHECK ONE) [ ) INTERNATIONAL RESIDENTIAL CODE- published May 1, 2008 OR LOT AND BLOCK# _ _ ___ ( ) INTERNATIONAL RESIDENTIAL CODE- applicable in Denton SUBDIVISION: - -- -- - - - - - - - - - CONSTRUCTION PHASE: (CHECK ONE) SURVEY: _ _ _ _ __ _ __ __ [ ) FOUNDATION STAGE (before placement of concrete) [ ) FRAMING AND MECHANICAL SYSTEMS STATE (before covering TRACT: _ ________ _____ with drywall or other interior wall covering) [ ) COMPLETION INSPECTION CONCLUSION At the indicated stage of construction, the project indicated obove is: (check one) ( J £N COMPLIANCE [ ) NOT IN COMPLIANCE with the residential code used in construction. COMMENTS: SIGNATURE OF INSPECTOR PRINTED NAME DATE Exhibit 19 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instmments are full, true and correct copies of the Town of Lakewood Village Ordinance 08-06. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that 1 am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014. Lmd Asbell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas  TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 08·06 AN ORDINANCE OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, REGULATING SUBDIVISIONS AND OTHER PROPERTY DEVELOPMENTS, PROVIDING FOR PRELIMINARY PLATS, FINAL PLATS, MINOR PLATS, VACATION OF PLATS, REPLATS AND AMENDMENT OF PLATS; PROVIDING FOR DEVELOPMENT PROCESS; PROVIDING FOR STANDARDS AND REQUIREMENTS; PROVIDING FOR STREETS AND DRAINAGE, WATER AND SEWER INFRASTRUCTURE; PROVIDING SEVERABILITY CLAUSE; PROVIDING SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council ("Town Council") desires to review for approval or disapproval plan, plats, and replats filed with the Town as authorized by Chapter 212, Tex. Loc. Gov. Code (Vernon), as amended; and WHEREAS, the Town Council finds that there is a public necessity requiring adoption of this Ordinance, said public necessity being the need to establish rules and regulations for subdivisions and property development; and WHEREAS, the Town Council is authorized and empowered to or require the developer to (i) design, install or improve streets, roads, water and a sanitary sewer systems within the Town by constructing, extending, or enlarging such system, and is further authorized to adopt any rules and regulations appropriate to the exercise of such powers, and to (ii) protect the public health, welfare and safety of the citizens of the Town; and WHEREAS, the Town Council hereby finds that the adoption of this Ordinance is in the best interests of the health, safety and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS : ARTICLE I. IN GENERAL Sec. 1. Short title. The following regulations are hereby adopted and shall be known and may be cited as "Town of Lakewood Village Subdivision and Property Development Regulations." Sec. 2. Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning. Words not specifically defined shall have the meanings given in Webster's Ninth New Collegiate Dictionary, as revised. Accessory structure or building shall mean a subordinate structure or building customarily incident to and located on the same lot occupied by the main structure or building. Applicant shall mean the owner(s) of the property to be developed. Bond shall mean any form of security, including a cash deposit, surety bond, or instrument of credit in an amount and form approved by the Town. Building shall mean any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattel or property of any kind. Town means Town of Lakewood Village. Town Council means Town Council of the Town of Lakewood Village. Town standards shall mean those standards and specifications, together with all tables, charts, graphs, drawings and other attachments hereinafter approved and adopted by the Town Council, which may be amended from time to time, and are administered by the Town staff for the construction and installation of streets, sidewalks, drainage facilities, water and sanitary sewer mains and any other public facilities. All such facilities which are to become the property of the Town upon completion must be constructed in conformance with these standards. Construction plans shall mean the maps, drawings and technical specifications, including bid documents and contract conditions, where applicable, which provide a graphic and written description of the character and scope of the work to be performed prepared for approval by the Town for construction. Cross drainage shall mean a defined waterway course, approximately perpendicular to the proposed roadway, which requires the construction of a bridge, pipes or box culvert, or other structure to conduct drainage under the roadway. Developer shall mean any person, corporation, governmental or other legal entity engaged in the development of property by improving a tract or parcel of land for any use. The term "developer" is intended to include the term "subdivider." Development shall mean the construction of one (1) or more new buildings or structures, or the structural alteration, relocation or enlargement of one (1) or more new buildings or structures of an existing building or structure on one (l) or more building lots or sites, or the installation of site improvements. Ordinance 08-06/ Subdivision Page2 of23  Easement shall mean a grant by a property owner to the public, a corporation, or persons for a general or specific use of a defined strip or parcel of land, for such purpose as the installation, construction, maintenance and/or repair of utility lines, drainage ditches or channels, or other public services, the ownership or title to the land encompassed by the easement being retained by the owner of the property. Engineer shall mean any person duly authorized under the Texas Engineering Practice Act (V.A.C.S. art. 3271a), as amended, to practice the profession of engineering. Engineering plans shall mean the maps and drawings required for plat approval. Lot shall mean an undivided tract or parcel of land having access to a street, which is designated as a separate and distinct tract or lot number or symbol on a duly approved plat filed of record. The terms "lot" and "tract" shall be used interchangeably. Off-site shall mean any premises not located within the property to be developed, regardless of ownership. Owner shall mean any persons, firm or corporation having legal title to the property. Plat shall mean a map representing a tract of land showing the boundaries of individual properties and streets or a map, drawing, chart, or plan showing the layout of a proposed subdivision into lots, blocks, streets, parks, school sites, commercial or industrial sites, drainageways, easements, alleys, which an applicant submits for approval and a copy of which he intends to record with the County Clerk of Denton County. Plat, final, shall mean the map or plan of a proposed development submitted for approval by the Town Council, where required, prepared in accordance with the provisions of this chapter and requested to be filed with the County Clerk of Denton County. Plat, preliminary, shall mean the initial map or plan of a proposed development showing the general layout of streets, blocks and lots, utility systems, and drainage systems. Right-of-way shall mean a strip of land acquired by dedication, prescription or condemnation and intended to be occupied by a road, sidewalk, railroad, electric transmission facility, water mains, sewer mains, storm drainage or other similar facility. Rights-of-way intended for streets, sidewalks, water mains, sewer mains, or any other use involving maintenance by a public agency shall be dedicated to the public use by the plat applicant either by easement or in fee simple title. Streets and alleys shall mean a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, alley, place or however otherwise designated. Town streets shall conform to the following classifications: (1) Arterial streets and highways are those which are used primarily for higher speed and higher volume traffic. Routes for such streets shall provide for cross-town circulation and through-town movements. Ordinance 08-06/ Subdivision Page 3 of23  (2) Collector streets are those which carry traffic from minor streets to the m[\jor system of arterial streets and highways, including the principal entrance, circulation streets of a residential development and streets for circulations within such a development of a residential subdivision. (3) Minor streets are those, which are used primarily for access to abutting properties. (4) Marginal access streets are minor streets located parallel to and adjacent to arterial streets and highways, providing access to abutting properties and protection from the traffic of the thoroughfares. (5) Alleys are minor ways used primarily for access to abutting properties for vehicle service usually to the back or side of a property. Structural alterations shall mean the installation or assembly of any new structural components, or any change to existing structural components, in a system, building or structure. Structure shall mean anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, including, but not limited to, buildings of all types and ground signs, but exclusive of customary fences or boundary or retaining walls. Subdivision shall mean dividing a tract in two (2) or more parts for the purpose of creating lots, including an addition to the Town, 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 the 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. "Subdivision" refers to any division irrespective of whether the actual division is made by metes and bounds description in a deed of conveyance or a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. A subdivision does not include a division of land into parts greater than five (5) acres, where each part has access and no public improvement is being dedicated. Sec. 3. Purpose. The purpose of this ordinance is to set forth the procedures and standards for development of property, layout and design of subdivisions or real property within the corporate limits of the Town which are intended to promote the health, safety and general welfare of the Town and the safe, orderly, and healthful development of the Town. Sec. 4. Compliance required. (a) Any owner of land who proposes the development of a lot or tract of land located within the corporate limits of the Town or the subdivision of a lot or tract located in the corporate limits of the Town shall have a plat of the lot or tract of land or subdivision prepared and approved in accordance with all Ordinances of the Town and recorded with the County Clerk of Denton County. Ordinance 08-06/ Subdivision Page4 of23  (b) Notwithstanding paragraph (a) above, a plat shall not be required where the development of the lot or tract of land is for the sole purpose of performing alteration(s) or improvements to an existing single-family residence or the auxiliary uses thereto. All such alterations or improvements must be permitted in compliance with all applicable codes and ordinances of the Town (c) No Final Plat shall be approved within the Town of Lakewood Village or its extraterritorial jurisdiction until the applicant has made adequate provision for thoroughfares as shown on the Thoroughfare Plan (map) as approved by the Town. The Thoroughfare Plan is a guide for the roadway connections and types that will be needed in the future. Subject to Town Council, or designee approval, as long as the connection is made, whether or not it is close to the exact alignment shown on the Thoroughfare Plan, no Thoroughfare Plan amendment should be necessary. The design and construction of the proposed thoroughfare shall be in conformance with the Town's master plans for thoroughfares and with any adopted Development Standards for Construction (DSC), and shall be subject to approval by the Town Council, or designee. If a different roadway type is found to be adequate or if the connection is not proposed to be made, then the plat may not be approved unless the thoroughfare plan is amended. A Traffic Impact Analysis may be required prior to approval of the proposed amendment . ARTICLE II. PLATS DIVISION 1. GENERALLY Sec. 5. Fees. The applicant for approval of a preliminary plat, final plat, replat, amended plat, minor plat or modified final plat shall, upon submission of the plat application and all required documentation, pay a nonreturnable fee, as established by the Town Council, for the review and processing of the plat application. Upon approval of the final plat, replat, amended plat or final minor plat, the applicant shall pay an additional recording fee established by the county for recording the plat with the county clerk. Preliminary, Replat and Final Plat Review Fees. A preliminary plat review fee and final plat review fee shall be paid to the Town upon the filing of the preliminary and final plat in accordance with the following schedule: (a) Plats that are platted by the acre: (1) $500 per plat plus $10.00 per acre when there are less than three (3) acres; or (2) $600 per plat plus $20.00 per acre when there are three (3) or more acres. (b) For purposes of this section, the term "lot" shall mean any tract of land which is one (1) acre. Ordinance 08,06/ Subdivision PageS of23 Sec. 6. Process for approval. (a) The plat shall be scheduled for consideration at the next regular meeting of the Town Council. (b) If the plat is disapproved by the Town Council, the applicant may correct the items of concern and resubmit the plat for approval one (I) time within six (6) months by paying one-half (1/2) of the original fee. If the plat is disapproved a second time or if a second request is not received within six (6) months of the first disapproval, the applicant will be required to repeat the plat application process from the beginning and pay all standard application fees. (c) An applicant may withdraw his plat application from consideration at any time during the application process by filing a written notice of withdrawal with the Town. Upon filing the notice to withdraw, the Town shall discontinue processing the plat application. The applicant must file a written request to proceed with further consideration of the plat within six (6) months of withdrawal and the Town shall continue the application process. If the request to proceed with further consideration of the plat is filed more than six (6) months after filing the notice of withdrawal, the applicant shall be required to repeat the plat application process from the beginning and pay the standard application fees. Sec. 7. Requirements for approval of application by Town Council. (a) Within thirty (30) days of the date that the application is deemed administratively complete, the Town Council shall approve a plat if it complies with the requirements of this chapter, the applicant is not in arrears in the payment of any debts owed the Town required by this chapter on a previous plat, it conforms to the general plan of the Town and its current and future streets, alleys, parks, playgrounds, and public utility facilities plans, and it conforms to the Town's general plan for the extension of roads, streets, and public highways, taking into account access to and extension of sewer and water mains and instrumentalities of public utilities. (b) A plat is considered approved by the Town Council unless it is disapproved within such thirty-day period. Sec. 8. Recordation. (a) Preliminary plats are not recorded with the county clerk. (b) Applicant shall record all plats with the county clerk upon the Town Council's approval of the plat and the applicant's submission of the required recording fee to the County. (c) Applicant shall record all other plats with the county clerk upon the Town Council's approval of the plat and the applicant's submission of the required recording fee to the County. Ordinance 08-06/ Subdivision Page 6 of23  (d) A final plat shall become null and void six (6) months after its approval by the Town Council, unless the final plat is filed and recorded in Denton County Clerk Real Property Records. (e) A general development plan shall become null and void six (6) months after its approval by the City Council, unless the general development plan is filed and recorded in Denton County Clerk Real Prope1ty Records . Sec. 9. Approval of preliminary plats. Approval of a preliminary plat shall be deemed to be an expression of approval to the layout submitted as a guide to the preparation of the final plat and shall not constitute approval of a final plat. DIVISION 2. PRELIMINARY PLATS Sec. 10. Form, contents and required documentation. (a) Preliminary plats shall be filed with the town secretary. The town secretary shall stamp the following notice on the face of each preliminary plat: "Preliminary plat for inspection purposes only and in no way official or approved for record purposes and not approved for construction." (b) When filing a preliminary plat application, it shall be accompanied by the following minimum documentation: (1) Completed preliminary plat application; (2) Eight (8) copies of the plat; (3) Eight (8) copies of engineering plans; (4) Deed showing current ownership of the platted property; (5) Tax certificates showing property owner is not in an·ears in payment of taxes; and (6) Nonrefundable application fee, as established by the Town Council. (c) Preliminary plats must meet the following criteria and contain the following information: = (1) Scaled drawing no smaller than 1" 200' on a sheet size no greater than twenty-four (24) inches by thirty-six (36) inches (multiple sheets may be submitted; however, each sheet must be registered and match lines to allow assembly of the multiple sheets); (2) Boundary of the subject tract; Ordinance 08-06/ Subdivision Page 7 of23  (3) All existing and/or proposed streets and alleys with street names, widths and relation to surrounding existing street patterns; (4) Approximate width and depth of all proposed lots; (5) Layout, in dotted lines, of all adjacent lots to the property being platted showing lot size, lot and block numbers, name of existing subdivision or property owner if undeveloped property; (6) FEMA designated 100-year floodplain boundary; (7) Date, scale, north point, and small scale location map; (8) Name and address of all property owners of the property being platted; (9) Name and address of engineer and surveyor; and (10) Signed statement of the engineer and/or surveyor who prepared the preliminary plat indicating the records or survey from which the property description of the boundary of the proposed plat was developed. (d) The engineering plans shall be in compliance with the current adopted construction standards of the Town and shall consist of the following: (1) Layout of all needed off-site utilities; (2) Water system layout, including size of line and fire hydrant location; (3) Sewer system layout, including size of line, location of manholes and cleanouts; (4) Drainage plan prepared in accordance with standard 100 year flood frequencies rainfalls which shows the overall analysis of the change of existing condition to fully developed condition and identify approximate location where water will exit the subdivision. Drainage plan shall show all contours for proposed development; and (5) As-built drawings of existing structures, if applicable. DIVISION 3. FINAL PLATS Sec. 11. Form, contents and required documentation. (a) Final plats are mandatory. (b) In cases where a preliminary plat was previously approved, the final plat shall conform to the approved preliminary plat. Ordinance 08-06/ Subdivision Page 8 of23  (c) Final plats shall be filed with the City Secretary and shall be accompanied by the following minimum documentation: (1) Completed final plat application; (2) Eight (8) copies of the plat; (3) Eight (8) copies of engineering plans; (4) Deed showing current ownership of the platted property; (5) Tax certificates showing property owner is not in arrears in payment of taxes; (6) A statement on the plat application showing that all fees owed the Town on any prior projects has been paid in full at the time the application was filed; and (7) Nonrefundable application fee, as established by the Town Council. (d) Final plats must meet the following criteria and contain the following information: = (1) Scaled drawing no smaller than 1" 100' on a sheet size no greater than twenty-four (24) inches by thirty-six (36) inches (multiple sheets may be submitted; however, each sheet must be registered and match lines to allow assembly of the multiple sheets and an index sheet shall be drawn on a sheet twenty-four (24) inches by thirty- six (36) inches showing the entire property being platted); (2) The shape and the exterior boundaries of the property being platted shall be indicated by the use of a distinctive and individual symbol; (3) The length of all straight lines, deflection angles, radii, arcs, and central angles of all curves shall be given along the property lines of each street or tabulated on the same sheet showing all curve data with its symbol. All dimensions along the lines of each lot with the angles of intersections which they make with each other shall be indicated; (4) The names of all adjoining subdivisions, the side lines of abutting lots, lot and block numbers, all in dotted lines, and where possible, accurate reference ties to at least two (2) adjacent recognized land comers shall be clearly indicated; (5) The description and location of all survey monuments placed on the property being platted shall be indicated; (6) A title shall be indicated, including the name of the property being platted, the name of the applicant and scale and location of the property being platted with reference to original surveys and a north point which may be magnetic or true north, with notation stating which. Ordinance 08-06/ Subdivision Page9 of23  (7) FEMA designated 100-year floodplain boundary, including finish floor elevation established a minimum of two (2) feet above the calculated 100 year flood. A surveyor's certificate shall be placed on the final plat as follows: KNOW ALL MEN BY THESE PRESENTS: That I, , do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivision and Property Development Regulations of the Town of Lakewood Village, Texas. Signature Texas Reg. No. (9)A cettificate of ownership and of dedication of all streets, alleys, easements and lands to public use forever, signed and acknowledged before a notary public by the owner of the land, shall appear on the face of the map, containing complete and accurate description of the property being platted and the streets dedicated; (10) The applicant will furnish the Town a copy of the dedication at the same time the final plat is submitted for approval; and (11) The following certificate of approval by the Town Council shall be placed on the plat: Approved this day of _ _ _ , 20_ _ _ , by the Town Council of the Town of Lakewood Village, Texas. Mayor Town Secretary (e) The engineering plans shall be in compliance with the current adopted construction standards of the Town and shall consist of the following: (1) Street layout and grades; (2) Water system layout, including size of line and fire hydrant location; (3) Sewer system layout, including size and grade of lines, location of manholes and cleanouts, and lift station design; Ordinance 08-06/ Subdivision Page 10 of23  (4) All drainage structure designs, analysis of as-is and full development for where the water exits the subdivision, analysis of all streets to determine if they meet drainage criteria, FEMA floodplain and floodway boundaries (if applicable), and letter(s) of release from property owners affected by diversion of water (except for watercourse(s) designated on current Town topography maps); and (5) As-built drawings of existing structures, if applicable. DIVISION 4. VACATION OF PLATS, REPLATS AND AMENDMENT OF PLATS' Sec. 13. Vacation of plats. (a) Any plat, replat or amended plat previously recorded with the county clerk may be vacated by the property owner(s) at any time prior to the sale of any lot therein by filing a written signed and acknowledged instrument declaring the same to be vacated and recorded with the county clerk. (b) If the one (I) or more lots have been sold, the plat, replat or amended plat may be vacated by the property owners by filing a written signed and acknowledged instrument with the town secretary. The vacating instrument must be approved by the Town Council in the same manner as the original plat, replat or amended plat. The Town Council shall disapprove the vacating instrument which abridges or destroys public rights in any of its public uses, improvements, streets, or alleys. Upon approval by the Town Council, the vacating instrument may be recorded with the county clerk and the vacated plat, replat or amended plat shall have no effect. State law reference(s)··Vacating plats, V.T.C.A., Local Government Code§ 212.013. Sec. 14. Replats without vacating preceding plat. A replat may be recorded and controls over a previously recorded plat without vacation of that plat if the replat is signed and acknowledged by the owners of the property being platted, does not attempt to amend or remove any covenants or restrictions, and is approved, after a public hearing on the matter, by the Town Council. Sec. 15. Plat amendments or corrections. (a) The Town Council may approve and issue an amended plat, which may be recorded with the county clerk and controls over the preceding plat without vacation of the plat, if the amended plat is signed by the applicant(s) and is solely for one (I) or more of the following purposes: (1) To correct an error in a course or distance shown on the preceding plat; (2) To add a course or distance that was omitted on the preceding plat; (3) To correct an error in the description of the real property shown on the preceding plat; 'State law reference-Vacating plats, amending plats, etc., V.T.C.A. Local Government Code§ 212,013 et seq. Ordinance 08-06/ Subdivision Page II of23  (4) To indicate monuments set forth after death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments; (5) To show the proper location or character of any monument which has been changed in location or character or which originally was shown incorrectly as to location or character on the preceding plat; (6) To correct any other type of scrivener's or clerical error or omission previously approved by the planning and zoning commission and/or Town Council, including lot numbers, acreage, street names, and identification of adjacent recorded plats; (7) To correct an error in courses and distances of lot lines between two (2) adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished; provided, that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat; (8) To relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement; (9) To relocate one (1) or more lot lines between one (1) or more adjacent lots where the owner(s) of all such lots join in the application for the plat amendment; provided, that such amendment does not attempt to remove recorded covenants or restrictions and does not increase the number of lots; or (10) To make necessary changes to the preceding plat to create six (6) or fewer lots in the plat if the changes do not affect applicable zoning and other regulations of the Town, and the changes do not attempt to amend or remove any covenants or restrictions and the area covered by the changes is located in an area that the Town Council has approved, after a public hearing, as a residential improvement area. ( 11) To replat one or more lots fronting on an existing street if the owners of all those lots join in the application for the amendment; the amendment does not attempt to remove recorded covenants or restrictions or increase the number of lots; and, the amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities. (b) Notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amended plat. ARTICLE III. DEVELOPMENT PROCESS Sec. 16. Construction of infrastructure. (a) Following approval of the final plat, the plat applicant shall submit full construction plans Ordinance 08-06/ Subdivision Page 12 of23 for all proposed infrastructure to be constructed for the platted property. Construction plans submitted shall be in conformance with the approved plat. The Town engineer shall review the submitted plans for compliance with the construction standards adopted by the Town. (b) Upon approval of construction plans by Town Council, the plat applicant and/or the plat applicant's contractor will provide written notification to the Town engineer of the intent to commence construction of the required infrastructure. No work may be performed unless written notification has been provided to the Town engineer. The written notification shall contain the following information: (1) Name of the plat or subdivision; (2) Plat applicant's name; (3) Contractor's name, address and phone number; (4) Type of construction to be performed; and (5) Estimated value of construction contract. (c) The Town engineer shall issue an acknowledgment of receipt of notification to the developer and/or his contractor. Sec. 17. Acceptance of infrastructure. (a) Upon completion of all required infrastructure, prior to the acceptance of the subdivision by the Town for maintenance, the applicant shall post, or cause to be posted, a maintenance bond executed by a corporate surety or corporate sureties duly authorized to do business in this state, payable to the Town and approved by the Town as to form, to guarantee the maintenance of the construction for a period of one (1) year after its completion and acceptance by the Town. In lieu of a maintenance bond, the applicant may submit either an irrevocable letter of credit payable to the Town and approved by the Town as to form or a cash bond payable to the Town and approved by the Town as to form. The actual value of the maintenance bond or letter of credit or cash bond shall be ten (10) percent of the full cost of the water and sewer system and fifteen (15) percent of the full cost of the cost of street and drainage construction, as determined by the estimate of construction costs. (b) Upon receipt of the approved maintenance bond, irrevocable Jetter of credit or cash bond, the Town engineer shall issue a written letter of acceptance of the infrastructure and notify the building and development department that the subdivision has been accepted by the Town. Sec. 18. Building permits issued prior to completion of infrastructure. (a) In the event an applicant wishes to obtain building permits prior to acceptance of the subdivision by the Town, the applicant shall post with the Town a completion bond executed by a corporate surety or corporate sureties duly authorized to do business in this state, payable to the Ordinance 08-06/ Subdivision Page 13 of23 Town and approved by the Town as to form for all construction included in the approved construction plans that has not been completed. In lieu of a completion bond, the applicant may submit either an irrevocable letter of credit payable to the Town and approved by the Town as to form or a cash bond payable to the Town and approved by the Town as to form. (b) Under no circumstances shall building above the foundation be permitted until adequate fire protection is available. Adequate fire protection means: (1) Town utilities are installed; (2) Fire hydrants providing protection are operational; and (3) Streets are open and driveable, street subgrades worked to proper compaction and base course installed, graded and leveled, to facilitate vehicle movement. (c) After the plat has been recorded and the completion bond, irrevocable letter of credit or cash bond has been received and approved by the Town, the Town engineer shall notify the building and development department, by lot and block numbers, that building permits may be issued. Sec. 19. Agreements with the Town. (a) All agreements entered into between the Town and the developer and/or applicant, as a condition of plat approval, shall be recorded along with the final plat. (b) The executed agreement shall be submitted to the Town Council in conjunction with the original drawings required for filing and recordation. ARTICLE IV. STANDARDS AND REQUIREMENTS DIVISION I. GENERALLY Sec. 20. Lots and blocks. (a) All lots of the plat shall front on a dedicated street. (b) In general, lots shall conform in width, depth, and area to the pattern already established in the adjacent areas, having due regard to the character of the neighborhood, its particular suitability for residential purposes, and also taking into consideration the natural topography of the ground, drainage, sanitary sewage facilities, and the proposed layout of the streets. (c) Lots shall have the width measurements, front, rear, and side yard requirements required by Town Ordinance 83-1. (d) The area of the lots shall be computed by taking the average width of the lot times the average depth of the lot measured from the street line to the rear lot line. Ordinance 08-06/ Subdivision Page 14 of23  (e) All sidelines of lots shall be at right angles to straight street lines or radial to curved street lines, unless a variation from this rule would, in the opinion of the Town Council, produce a better lot plan and better utilize the proposed development. Sec. 21. Park sites. The Town Council shall consider offers of land for parks or playgrounds which conform to the current master plan adopted by the Town, provided such plan exists. Sec. 22. Use of Town condemnation authority. (a) Water and sewer mains, force mains and lift stations, streets and drainageways shall be located in easements or rights-of-way secured and paid for by the applicant. Such easements shall be properly assigned to the Town before service is extended to the subdivision. (b) In cases where easements cannot be secured by the applicant, the applicant may file a written petition with the Town engineer, accompanying the plat application, requesting that the Town Council utilize its condemnation authority. The written petition must satisfy all of the following criteria: (1) The applicant must establish that clear evidence of public need exists; (2) The applicant must establish that the proposed extension is in accordance with the current adopted master utility plan(s), if such plan(s) exists; (3) The applicant must establish that the proposed extension will be able to serve other development areas; (4) The applicant must agree to pay all costs of the condemnation; and (5) The applicant must present written evidence that every practical attempt to secure the needed easements and/or right-of-way has been made by submitting the following: a. A condemnation appraisal by an independent appraiser as to the current market value and damages, if any, of acquiring the easement and/or right-of-way; and b. Documentation that a written offer has been made to purchase the easement and/or right-of-way for the appraised value and the offer was rejected. (c) The petition shall be forwarded to the Town for review and recommendation and scheduled for consideration by the Town Council. DIVISION 2. STREETS AND DRAINAGE Ordinance 08-06/ Subdivision Page 15 of23 Sec. 23. Streets. (a) Street widths in subdivisions shall confonn to: Designation Right-of-Way (feet) Paving (feet) A + major arterial 110 86 A major arterial 110 90 B + minor arterial 90 66 B minor arterial 80 56 C major collector 70 44 D minor collector 60 38 E minor local 50 31 (b) Existing streets shall be continued where practical, as detennined by the Town Council. Continuations of existing streets shall have the same or greater tight-of-way and pavement widths as the existing streets being connected. Street names shall be continuous. (c) All necessary street rights-of-way shall be dedicated as part of the platting process and shall be dedicated to the Town without cost. (d) Dead-end streets may be platted where the land adjoining the plat has not been platted. In the event that such dead-end street exceeds one hundred fifty (150) feet in length or one (1) lot width, from the nearest street intersection, the street will be provided with a cul-de-sac, either pennanent or temporary, having a minimum right-of-way radius of fifty (50) feet. (e) Where dead-end streets are dictated by lot designs, such dead-end streets shall be provided with a pennanent cul-de-sac having a minimum right-of-way radius of fifty (50) feet. (f) No street intersection shall be designed having an inside angle of less than thirty (30) degrees between the two (2) intersecting street lines, nor more than one hundred fifty (150) degrees. (g) Block lengths between intersecting cross streets or to the end of a cul-de-sac shall be no more than one thousand two hundred (1,200) feet. (h) Streets, where practical, shall be designed and platted with appropriate regard to topographical features, i.e., creeks and drainageways, wooded areas, etc., with the aim of creating desirable and attractive treatments of significant existing features. (Ord. No. 95-38, § I, 4-25-95). Private Streets shall not be allowed. (i) Driveways; Any driveway or other common access to more than two residences which is not defined in Section 23(a), shall be considered a minor local road and shall confonn to defined standards. Ordinance 08-06/ Subdivision Page 16 of23 Sec. 24. Alleys, reserve strips. (a) Alleys and/or easements shall be laid in the rear of lots fronting on adjoining streets where practicable. In residential subdivisions, the minimum width of right-of-way of an alley shall not be less than twenty (20) feet. All alleys shall be paved for the entire width of the right- of-way to the same specifications as minor residential streets. The rear or side line easement, where alleys are not provided, shall be a minimum of twenty (20) feet wide, arranged such that each lot shall have an equal ten-foot easement. (b) No plat showing reserve strips of land controlling access to public ways or adjoining properties will be approved. Sec. 25. Drainage in special flood hazard areas. Drainage structures in areas of special flood hazard in the Town shall comply with the provisions of the Town Ordinances. Sec. 26. Drainage not in special flood hazard areas. (a) Design of all improved open drainage courses and enclosed drainage structures shall be by a registered professional engineer in accordance with the current drainage design standards approved by the Town Council. A review of the downstream drainage system capacity to a point of discharge into the lake area shall be made. The rate of storm water discharge from the proposed development shall not exceed flow capacity of any existing structure or drainage system. This may require storm water detention or retention on site of the project. (b) The design and construction of all improved open drainage courses and enclosed drainage structures shall provide for adequate access for the performance of necessary maintenance by the Town. (c) All improved drainage courses and enclosed drainage structures shall be dedicated to the Town and accepted for maintenance by the Town upon approval of the construction by the Town engineer. (d) The Town shall maintain all improved drainage courses, provided that the original design and construction has been approved by the Town engineer and accepted by the Town for maintenance. (e) Improved open drainage courses shall conform as follows: (1) Open drainage courses which carries runoff from a street, between two (2) lots, to a drainage course running behind lots shall be a concrete-lined flume. (2) Open drainage courses running behind lots may be of earthen channel or concrete- lined channel, provided the type of channel used satisfies the design criteria (velocity, type of soil, etc.) in accordance with the current drainage design standards approved by the Town Council. Ordinance 08-06/ Subdivision Page 17 of23  (3) Where the open drainage course is a concrete-lined flume, the width of the easement shall be equal to the width of the flume. All other open drainage courses require the width of the easement to be equal to the width from top-of-bank to top-of-bank plus maintenance way needs as given in the drainage design standards. (f) Enclosed drainage courses shall conform as follows: (1) Cross drainage for right-of-way needs shall be designed to meet the same requirements as its channel. (2) Permanent structures and improvements may be constructed upon and across improved enclosed drainage courses in business zoning districts and manufacturing zoning districts. Design shall be to accommodate the 100-year frequency flood. (3) The width to the easement shall be equal to the width of the structure plus a width on each side of the structure to allow maintenance and/or repairs. Sec. 27. Street name signs. Street name signs and markers and traffic control signs, in accordance with standards adopted by the Town, will be required at each intersection. The developer will provide street signs and posts for the markers and make the installations when the subdivision is accepted by the Town for maintenance. DIVISION 3. WATER AND SEWER INFRASTRUCTURE Sec. 28. General Provisions. (a) The intent and purpose of this division is to provide equitable charges for water and sewer connections as a propOitionate distribution of the cost of the water and sewer main extensions to serve property within the Town. If the existing Town utility facilities are not within or adjacent to a subdivision, the developer shall construct the necessary extension of water and sewer mains, force mains, force mains, and lift stations, including all valves, manholes, and piping necessary to serve any future development of abutting property as specified in this chapter. The developer's engineer shall prepare a proposed plan of service for the subdivision and property along the extension which shall be reviewed by the Town engineer. These facilities shall be constructed in accordance with both the master plan and the Technical and Administrative Manual for Water and Sewer System Development ("Manual"). (b) It is the general policy of the Town that: (1) Water and sewer mains should be large enough to serve all the lots platted and, should the Town determine oversizing is necessary, the Town may participate in those lines greater than 8" for water and greater than 10" for sewer. Ordinance 08-06/ Subdivision Page 18 of23  (2) All utilities shall be required to extend across the full width of the last lot platted on each street proposed within the subdivision, in such an alignment that it can be extended to the next property in accordance with the master sewer and water plans for the Town, provided such plan(s) exist. Properties already served by water and sewer shall not be required to install additional facilities unless: (I) The current lines are not of adequate capacity to serve the proposed development; in which case the applicant will be required to install adequate facilities. (c) Every lot of the plat shall have direct access to the water and sewer system. Utility service shall be from a water/sewer main located in an abutting right-of-way or through easements from the lot to a water/sewer main. (d) Water and/or sewer service may not be extended outside the Town limits. (e) (l) The terms of this division shall be cumulative of all other ordinances regulating subdivisions, and such other ordinances are not repealed by this division, except to the extent that such other provisions conflict with the terms of this chapter, in which event this chapter shall prevail. (2) The status of any previously designated line extension, lift station, or main shall be unaffected by this ordinance, save and except the Clear Creek pro rata line, designated in CCM #95-121R. The Clear Creek pro rata line designation is hereby rescinded. (f) In addition to any other remedy provided by law, the Town and its officers shall have the right to enjoin any violation of this chapter by injunction issued by a court of competent jurisdiction. Sec. 29. Water. (a) No water main shall be extended unless the diameter of any such extended main is a minimum of six (6) inches inside the subdivision. Larger mains may be required per the water master plan, provided such plan exists. (b) Water system layout shall be looped whenever possible. Dead-end mains shall not exceed one thousand eight hundred (1,800) feet or include three (3) fire hydrants. Single feeds may be permitted at the discretion of the Town engineer; however, any such denial may be appealed to the Town Council. Single feeds should include provisions for looping in future development. (c) The location of fire hydrant(s) shall comply with and be approved by the Town Engineer and/or Fire Marshall and insurance requirements. (d) Long water service taps shall be installed while the subdivision is being developed. Short water service taps shall be installed when needed for development. Long water service taps locations shall be clearly marked with a plastic valve box directly above the tap. A Y2 inch x 2 Ordinance 08-06/ Subdivision Page 19 of23 foot steel rod shall be driven vertically 6" inches below the ground surface for the location of each water tap. No water service taps smaller than six (6) inches in diameter shall be allowed on water mains larger than twelve (12) inches in diameter. Sec. 30. Sewer. (a) No sewer main shall be extended unless the diameter of any such extended main is a minimum of six (6) inches inside the subdivision. Larger mains may be required per the sewer master plan, provided such plan exists. (b) Manholes are required any time the alignment, slope, or diameter of the sewer main changes, or when two or more sewer mains intersect. In no case will the maximum spacing between manholes, or from a manhole to cleanout, exceed 500 feet. (c) Sewer services for sewer mains located in roadways shall be installed while the subdivision is being developed. Sewer services with direct access to the sewer main without encroaching on a roadway may be installed when needed for development. Sewer tap locations shall be clearly marked with a plastic valve box directly above the tap. A Y2 inch x 2 foot steel rod shall be driven vertically 6" inches below the ground surface for the location of each water tap. Sewer services six (6) inches and larger require a manhole where they intersect the sewer main. The sewer service shall extend a minimum of ten feet (10') into the lot area. (d) Minimum lift station capacity shall be one hundred (100) gallons per minute and shall have at least two (2) pumps, each of which shall be capable of pumping the design capacity of the lift station. The minimum size of the wetwell shall be such that with any combination of inflow and pumping, the cycle of operation for each pump shall not be less than five (5) minutes and the maximum retention time in the wetwell shall not average more than thirty (30) minutes. (e) Septic system holding tanks or any other sewage retainage facilities for the storage or removal of sewage are prohibited. Sec. 31. Costs of Extensions. a. Developer initiated. All costs of all water and sewer main extensions, force mains, and lift stations initiated by a developer in order to provide required service for their development area, shall be paid for by the developer. Such costs may include; but is not necessarily limited to, right-of-way acquisition, pipes, motors, pumps, engineering, construction costs, inspection fees, and all weather access. In no event shall the Town pay for any costs associated with water and/or sewer improvements. Sec. 32. Use of Water and Sewer Tap Fees and Rate Revenues. Tap fees and rate revenues shall be set in an amount sufficient to maintain and operate the Ordinance 08-06/ Subdivision Page20of23 system, with due regard for anticipated needs to improve, update, construct, and maintain the system. Sec. 33. Use of Town Condemnation Authority. a. Water and sewer mains, force mains, and lift stations shall be located in easements, secured and paid for by the developer, and assigned to the Town before service is extended to the subdivision. For the Town to consider to using condemnation authority to assist a developer in extension of the system, the applicant must show clear evidence that every practical attempt to secure the easement has failed and there is a public need and interest for condemnation. Specific criteria and procedures shall be as stated in the manual. b. Upon compliance with all procedures by the developer, the Town, at least 10 days prior to the hearing shall notify all property owners within the proposed easement and 200 feet therefrom. A hearing of facts by the Town Council is required. Determination of the Town Council shall be final. Sec. 34. Severability. It is hereby declared to be the intention of the Town Council that if any of the sections, paragraphs, sentences, clauses, and phrases of this Ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not effect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance of unconstitutional or invalid phrases, clauses, sentences paragraphs or sections. Sec. 35. Savings. This Ordinance shall be cumulative of all other ordinances of the Town and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; provided, however, that Ordinance No. 93-1 (Revised) of the Town are hereby repealed, but provided that any complaint, action, cause of action, or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to Ordinance No. 93-1 (Revised) shall continue to be governed by the provisions of that Ordinance and for that purpose Ordinance No. 93-1 (Revised) shall be deemed to remain and shall continue in full force and effect. Sec. 36. Repealer. Ordinance 02-0SA and Ordinance 00-09 are hereby repealed. Sec. 37. Penalty. Any person who should violate any provision of this Ordinance or should fail to comply herewith shall for each and every violation or noncompliance be deemed guilty of a misdemeanor and shall be fined not more than $2,000.00 (two thousand dollars) and each day such violation shall be permitted to exist shall be construed a separate offense. Ordinance 08-06/ Subdivision Page 21 of23 Sec. 38. Effective Date. This Ordinance shall become effective from and after its date of passage and publication as provided by law. PASSED AND APPROVED the 141b day of August, 2008 ATTEST: ~cl~PY Ordinance 08-06/ Subdivision Page 22 of23 Exhibit 20 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full , true and correct cop ies of Town of Lakewood Village Ordinance 08-09. The same appear of record in my office and said documents are the official records from the public office of the TO\;\m Secretary of the Town of Lakewood Village, Denton County, Texas. and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that 1 am a lawfu l possessor and keeper of the record s in said office. ln witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Vi llage this 26th day of March, 2014. Lmda 1\.sbelL TRMC, Town Secretary Town ofLakewood Village Denton Co unty State of Texas  TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 08-09 AN ORDINANCE ADOPTING FLOOD DAMAGE PREVENTION GUIDELINES; PROVIDING A REPEAL CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS THAT THE TOWN HEREBY ADOPTS THE FOLLOWING: ARTICLE I: SfATUfORY AUIHORIZA110N,FINDINGSOFFACT,PURPOSEANDMEIHODS SECTION A. STATUTORY AUTHORIZATION The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the Town of Lakewood Village, Texas does ordain as follows: SECTION B. FINDINGS OF FACT (1) The flood hazard areas of Lakewood Village are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood proofed or otherwise protected from flood damage. SECTION C. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; Ordinance 08-09 Flood Damage Prevention Page I of 17  (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area. SECTION D. METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. ARTICLE 2 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. ALLUVIAL FAN FLOODING- means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. APEX - means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. APPURTENANT STRUCTURE- means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure Ordinance 08-09 Flood Damage Prevention Page 2 of 17 AREA OF FUTURE CONDITIONS FLOOD HAZARD - means the land area that would be inundated by the 1-percent-annual chance (100 year) flood based on future conditions hydrology. AREA OF SHALLOW FLOODING - means a designated AO, AH, ARIAO, ARIAH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate-making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, ARIA, VO, V1- 30, VEorV. BASE FLOOD - means the flood having a 1 percent chance of being equaled or exceeded in any given year. BASE FLOOD ELEVATION (BFE) - The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1- A30, AR, V1-V30, or VB that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year - also called the Base Flood. BASEJ.\.1ENT - means any area of the building having its floor sub grade (below ground level) on all sides. BREAKAWAY WALL - means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPJ.\.1ENT - means any man-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING - means, for insurance purposes, a non-basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Ordinance 08-09 Flood Damage Prevention Page 3 of 17 EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION- means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION- means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters. (2) the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD ELEVATION STUDY- means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. FLOOD INSURANCE RATE MAP (FIRM)- means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY (FIS) - see Flood Elevation Study FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOODPLAIN MANAGEMENT- means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. Ordinance 08-09 Flood Damage Prevention Page 4 of 17 FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOOD PROOFING - means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODW AY- see Regulatory Floodway FUNCTIONALLY DEPENDENT USE - means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. lllGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. lllSTORIC STRUCTURE - means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or (4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: (a) By an approved state program as determined by the Secretary of the Interior or; (b) Directly by the Secretary of the Interior in states without approved programs. LEVEE - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. Ordinance 08-09 Flood Damage Prevention Page 5 of 17 LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. MANUFACTURED HOME- means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". MANUFACTURED HOME PARK OR SUBDIVISION- means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NEW CONSTRUCTION- means; for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR SUBDIVISION- means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self- propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. REGULATORY FLOODWAY- means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Ordinance 08-09 Flood Damage Prevention Page 6 of 17 RIVERINE- means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. SPECIAL FLOOD HAZARD AREA- see Area of Special Flood Hazard START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE - means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure." VARIANCE - means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) VIOLATION - means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without Ordinance 08-09 Hood Damage Prevention Page 7 of 17 the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(lO), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION- means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. ARTICLE 3 GENERAL PROVISIONS SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES The ordinance shall apply to all areas of special flood hazard within the jurisdiction of Town of Lakewood Village, Texas. SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Denton County, Texas," dated April 2, 1997, ancl/Map Number 48121C0415 E (Panel 415 of 750), with accompanying Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM) dated April 2, 1997. and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Floodplain Development Permit shall be required to ensure conformance with the provisions of this ordinance. SECTION D. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. SECTION E. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION F. INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be; (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed Ordinance 08-09 Flood Damage Prevention Page 8 of 17 neither to limit nor repeal any other powers granted under State statutes. SECTION G. WARNING AND DISCLAIMER OR LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. ARTICLE 4 ADMINISTRATION SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The Mayor is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) pertaining to floodplain management. SECTION B. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. (2) Review permit application to determine whether to ensure that the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding. (3) Review, approve or deny all applications for development permits required by adoption of this ordinance. (4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary Ordinance 08-09 Flood Damage Prevention Page 9 of 17 interpretation. (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Water Development Board (TWDB), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) When base flood elevation data has not been provided in accordance with Article 3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article 5. (9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AEon the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the community first completes all of the provisions required by Section 65.12. SECTION C. PERMIT PROCEDURES (1) Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (a) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; (b) Elevation in relation to mean sea level to which any nonresidential structure shall be flood proofed; (c) A certificate from a registered professional engineer or architect that the nonresidential flood proofed structure shall meet the flood proofing criteria of Article 5, Section B (2); Ordinance 08-09 Flood Damage Prevention Page 10 of 17  (d) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; (e) Maintain a record of all such information in accordance with Article 4, Section (B)(l); (2) Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: (a) The danger to life and property due to flooding or erosion damage; (b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (c) The danger that materials may be swept onto other lands to the injury of others; (d) The compatibility of the proposed use with existing and anticipated development; (e) The safety of access to the property in times of flood for ordinary and emergency vehicles; (f) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (g) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (h) The necessity to the facility of a waterfront location, where applicable; (i) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. SECTION D. VARIANCE PROCEDURES (1) The Appeal Board, as established by the community, shall hear and render judgment on requests for variances from the requirements of this ordinance. (2) The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. Ordinance 08-09 Flood Damage Prevention Page 11 of 17  (3) Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction. (4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance. (6) Variances may be issued for new construction and substantial improvements to be erected on a lot of 112 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C (2) of this Article have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Article 1, Section C). (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (10) Prerequisites for granting variances: (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (b) Variances shall only be issued upon: (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (11) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent Ordinance 08-09 Flood Damage Prevention Page 12 of 17 use provided that (i) the criteria outlined in Article 4, Section D (1)-(9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, (7) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B (8), or (iii) Article 5, Section C (3), the following provisions are required: (1) Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to two (2) feet above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as Ordinance 08-09 Flood Damage Prevention Page 13 of 17 proposed in Article 4, Section C (1) a., is satisfied. (2) Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to two (2) feet above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are flood proofed shall be maintained by the Floodplain Administrator. (3) Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (a) A minimum of two openings on separate walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (b) The bottom of all openings shall be no higher than 1 foot above grade. (c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured Homes- (a) Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. (b) Require that manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor Ordinance 08-09 Flood Damage Prevention Page 14 of 17 of the manufactured home is elevated to two (2) feet above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1-30, AH and AE on the community's FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either: (i) the lowest floor of the manufactured home is at two (2) feet above the base flood elevation, or (ii) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (5) Recreational Vehicles - Require that recreational vehicles placed on sites within Zones A1-30, AH, and AEon the community's FIRM either (i) be on the site for fewer than 180 consecutive days, or (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements of Article 4, Section C (1), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS (1) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Article 1, Sections B, C, and D of this ordinance. (2) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of this ordinance. (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B (8) of this ordinance. (4) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (5) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. Ordinance 08-09 Flood Damage Prevention Page 15 of 17 SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES) Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to or above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified), or (2) All new construction and substantial improvements of non-residential structures; (a) have the lowest floor (including basement) elevated to or above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or (b) together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO Zone, or below the Base Flood Elevation in an AH Zone, level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C are satisfied. (4) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. SECTION E. SEVERABILITY If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. SECTION F. PENALTIES FOR NON COMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this court order and other applicable regulations. Violation of the provisions of this court order by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this court order or fails to comply with Ordinance 08-09 Flood Damage Prevention Page 16 of 17 any of its requirements shall upon conviction thereof be fined not more than $500.00 for each violation, and in addition shall pay all costs and expenses involved in the case. Each day a violation continues to exist will constitute a new and separate violation. Nothing herein contained shall prevent Town of Lakewood Village, Texas from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION G. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its date of passage and publication as provided by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, on this 9th day of September 2008. APPROVED: l\Jiike Schnittker, Mayor ATTEST: ~cia -Ck>beRQ < Linda Asbell, City Secretary Ordinance 08-09 Flood Damage Prevention Page 17 of 17 Exhibit 21 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby cettify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the Town of Lakewood Village Ordinance 10-01. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further cettify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Vi llage this 26th day of March, 2014. Lind Asbell, TRMC, Town Secretary Town ofLakewood Village Denton County State ofTexas  TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE 10-01 AN ORDINANCE TO ADOPT THE MOST CURRENT EDITION OF THE INTERNATIONAL RESIDENTIAL CODE, THE INTERNATIONAL BUILDING CODE, THE INTERNATIONAL PLUMBING CODE, THE INTERNATIONAL MECHANICAL CODE, THE INTERNATIONAL ENERGY CODE, THE INTERNATIONAL FUEL AND GAS CODE, THE INTERNATIONAL PROPERTY MAINTENANCE CODE, THE NATIONAL ELECTRICAL CODE, INTERNATIONAL FIRE CODE AND ALL APPENDICES THERETO, AS AMENDED BY THE TERMS OF THIS ORDINANCE; PROVIDING FOR PERMIT FEES; PROVIDING FOR THE REGISTRATION OF BUILDERS AND ALL PERSONS PERFORMING ELECTRICAL, PLUMBING, MECHANICAL, IRRIGATION, IRRIGATION TESTING BACKFLOW, THIRD PARTY INSPECTIONS, ROOFING, FENCING, FRAMING, AND CONCRETE, WORK ON ANY NEW OR EXISTING CONSTRUCTION OR STRUCTURE WITHIN THE TOWN OR THE EXTRATERRITORTIAL JURISDICTION; PROVIDING FOR A BOARD OF APPEALS; PROVIDING FOR PREMISE IDENTIFICATION; PROVIDING FOR INSPECTIONS AND TOWN BUILDING REQUIREMENTS; PROVIDING A PENALTY CLAUSE; PROVIDING A REPEAL OF ORDINANCE 06-06A; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE, WHEREAS, the Town Council of the Town of Lakewood Village, Texas desires to establish a specific requirement for all building construction; WHEREAS, the State of Texas mandates that it is necessary to establish uniform and minimum standards for the construction, erection, and maintenance of buildings and other structures in order to protect and promote the public health, safety, and welfare of the citizens of the Town and the Extraterritorial Jurisdiction of the Town, WHEREAS, the Town of Lakewood Village desires to adopt the most current set of International and minimum standard building codes; NOW, THEREFORE BE IT ORDAINED by the Town Council of the Town of Lakewood Village, Texas: SECTION 1. CODES The current versions of the International Residential Code, the International Building Code, the International Plumbing Code, the International Mechanical Code, the International Energy Code, the International Fuel and Gas Code, the International Propetty Maintenance Code, the National Electrical Code, the International Fire Code, and all appendices thereto, as herein after revised or amended are adopted. The said International Building Code, the International Plumbing Code, the International Mechanical Code, the International Energy Code, the International Fuel and Gas Code, the International Property Maintenance Code, the National Electrical Code are incorporated herein as if copied in their entirety. SECTION 2. DEFINITIONS The Town- shall mean the Town of Lakewood Village Contractor - shall mean any person, firm, corporation, or other entity that is hired by a homeowner or landowner to perform any new construction, remodel, or repair on said homeowner or landowner's real property. Building Official - shall mean an employee of the Town of Lakewood Village who performs inspections, plan reviews, and is licensed by the State of Texas as a Building Inspector, or any properly qualified person that is employed by the Town that has been appointed to perform such work. Erosion Control - the containment of all dirt, soils, sand, fill or grass, in such a manner, to prevent said materials from encroaching onto adjacent properties, town easements, drainage culverts, or utility placements ETJ ·shall mean the Extraterritorial Jurisdiction of the Town of Lakewood Village Masonry - shall be defined as brick, concrete hollow clay tile, concrete block, natural stone, or any combination of these materials that are laid up by unit and set in mortar. Construction Site Refuse Control • the containment of and weekly or monthly removal of both construction and laborer refuse to prevent said materials from encroaching onto adjacent homeowner properties, town easements, drainage ditches and culverts, and should be in compliance with OSHA and local codes. SECTION 3. GENERAL All Building Permits shall expire 180 days from the date the permit is issued. A permit expiration may be extended if a Contractor issues a construction calendar with the submission packet and the calendar is approved by the Building Official and Mayor. If the Construction Calendar that is provided by the Contractor is not adhered to, the Building Permit shall expire without further action by the Town. SECTION 4. BUILDING FEES & REQUIREMENTS A. Fees will be outlined in Exhibit A of this ordinnace B. Water/Sewer Taps· A licensed plumber that is registered with the Town shall perform all work connecting to the Town utilities. C. All sprinkler permits are required to have a final inspection accompanied by a Backflow Prevention Report Form and a Customer Service Inspection Letter. These forms can be obtained from the office of the Town Secretary. Ordinance I 0-01 Building Ordinance Page 2 of 19 D. In the construction, maintenance, or repair of any building or structure within the Town or the ETJ, for which a building permit is required by the current building codes, no person shall perform any electrical, plumbing, mechanical, fencing, backflow, concrete, third party inspections, irrigation, or roofing unless and until such time as that person is registered with the Town to perform such work. E. All contractors who are required by state law or local ordinance to be licensed must register with the Town of Lakewood Village before applying for permits or performing any work. All contractors registered with the Town, or unregistered, shall perform no work of any sort/kind without being properly licensed. The Mayor or Building Official, upon receipt of a written citizen complaint, shall place said Contractor's registration in investigation status. No inspections will be allowed or permits issued to any Contractor whose registration is in investigation status. The Mayor, in periods of absence from the Town, may designate an individual to act in his/her stead for purposes of this section. The Town shall forward the citizen's written complaint to the Contractor. In the event a Contractor wishes to contest a citizen's complaint, the contractor shall request a complaint review by the Mayor or Building Official. If a written response to the citizen's written complaint is not made by the Contractor within fourteen (14) days of the date the citizen's complaint is mailed to the Contractor, the Mayor or Building Official shall in his/her sole discretion place any condition upon the contractor's registration necessary to rectify the citizen's complaint including, but not limited to, revocation of the contractor's registration. No complaint other than one in writing may be used to revoke or otherwise place any condition upon any contractor's registration. Complaints that do not affect the citizens of the Town of Lakewood Village or residents of the ETJ will be summarily dismissed. The Mayor or Building Official shall issue his/her decision in writing to the Contractor and complaining citizen. The Contractor or citizen may appeal the Mayor or Building Official's decision to the Board of Appeals as set forth in Section 9. An appeal of the Mayor or Building Official's decision must be completed by written document within fourteen (14) days of the date of the Mayor or Building Official's decision. At any appeal to the Board of Appeals, the Contractor or citizen bear the burden to produce evidence establishing any error occun·ing in the Mayor or Building Official's decision regarding the contractor's registration. SECTION 5. PERMIT APPLICATION A. A residential permit application consist of five (5) forms, which must be completed and signed by the Contractor and his or her registered mechanical, electrical, and plumbing contractors. These forms are the mechanical permit, electrical permit, plumbing permit, concrete permit, and application for building permit forms. B. Detailed and accurate descriptions are required regarding the addresses and legal description of the subject property including Lot, Block and complete subdivision name with correct phase. Ordinance 10-01 Building Ordinance Page 3 of 19 C. All contractors are required to be registered with the town and must have such approved registration on file before any permit will be issued. SECTION 6. BUILDING PLAN PACKET SUBMISSION Along with the permit application forms set forth above, the following documents are required prior to any approval being granted in the quantity and detail as specified: A. Two (2) plot plans containing lot dimensions, plan footprint, set-backs (front, rear and sides) complete address, lot and block, subdivision and phase, utility and easement locations, engineers and contractors names, finish pad elevations, finish floor elevations, topographical elevations, driveways, sidewalks, fence locations, lot area, slab area, and coverage percent. All drawings provided must be to scale. B. Two (2) foundation designs (II" x 17'' drawing and engineer letters) one of which must have an original signature and stamp. C. Three (3) complete bound sets of construction drawings. Town Copy must be 11" x 17" or application will be automatically rejected without further action or notification by any Town Official. Plans must include elevations, framing details, including soffit overhang details, masonry percentage calculations, square foot calculations, electrical load calculations, electrical panel size, electrical panel location, mechanical specifications, foundation design letter must be address specific. All plans must be drawn by a state licensed architect and must be drawn to scale. D. Two (2) sets of drainage plans must be provided. Town copy must be 11" x 17" drawn to scale, showing the actual dimensions and shape of the lot to be built upon. The drainage plans must show sea level elevations and all flatwork drawn to scale. E. Floor plans, elevations, framing, roof plan, electrical and "to be built options" must be clearly shown and detailed. Single sheet submittals are not acceptable. HV AC and Plumbing design drawings are also required. Options reflecting additional buildable space must be identified by the actual square footage area and included in the permit values for total air-conditioned area and or construction area under roof. F. Elevation drawings must clearly state that the structure meets the exterior requirements set forth below in Section 11 by the Town of Lakewood Village, or provide masonry calculations (i.e. Front % + Right % + Left % + Rear % = total masonry %) G. All drawings must be legible and show proper square footage for air-conditioned and total building areas. H. One (I) Energy analysis (i.e.; MecCheck, ResCheck or Energy-Star) shall be provided by a certified professional. Ordinance 10-0 I Building Ordinance Page 4 of 19 I. All third party rater information and documentation must be submitted if an Energy Star Home is being constructed or modified. J. Electrical Voltage Drop letter shall be provided and must be on the electrical contractors letterhead K. Mechanical Air Flow Calculations shall be provided and must be on the mechanical contractors letterhead L. A copy of the contract agreement between the contractor and the homeowner/landowner must be provided to the town, unless the homeowner/landowner is the contractor. SECTION 7. PLAN REVIEW PROCESS All plans must be submitted to the Town of Lakewood Village for review. Plans are reviewed in the order they are received. The Town's goal in plan review is a one to two week tum around time for complete and accurately prepared submittal packages. Incomplete submissions may require additional time processing the plan review for the permit. SECTION 8. LICENSING AND REGISTRATION REQUIREMENTS A. No person shall engage in the business of construction of new buildings or structures, or make any repairs, alterations, or changes to an existing building or structure, unless that person is registered as a Contractor by the Town. Provided however that (i) no license shall be required for work on any building or structure for which a building permit is not required by this code and (ii) persons who occupy and reside within any property as their home shall not be required to obtain a license or register with the Town. B. All Contractors must register with the Town of Lakewood Village before applying for permits or performing any work. A master or contractor license in the specific trade is required to register as a Contractor. All licensed Journeymen working for the Contractor shall be listed on the contractor registration form. All work shall be supervised by a licensed individual, who must be within 5 minutes of any job under their supervision. A licensed residential wireman may supervise one helper or apprentice. Any work discovered being perf01med without the required licensed personnel shall be conspicuously identified to prevent reuse and shall be removed. In addition to a citizen complaint, multiple violations of licensure requirements may result in suspension of a Contractors' registration. Any individuals found performing work without the required registration shall be required to leave the jobsite. A Contractor is defined as set forth above in Section 2. All registrations will expire on December 301h of each year. The General Contractor must carry insurance that covers all subcontractors and the projects they are actively working on under the General Contractor. In the event there is not a General Contractor, each subcontractor is required to supply the Town with a copy of their liability insurance with a minimum $100,000.00 policy coverage for each project. It will be the responsibility of the registered individuals to ensure that this process is complete before permits will be issued and any work in the specific trade is commenced. Ordinance 10-0 I Building Ordinance Page 5 of 19  The Town reserves the right to deny or revoke any contractor registration if there are justifiable reasons or violations as determined by the Town. C. The following Contractors disciplines must follow the applicable registration process. GENERAL CONTRACTORS. BUILDER REGISTRANTS: I. Contractor registration filled out completely. 2. A valid State of Texas driver's license or photo I. D. card. 3. A valid certificate of liability insurance or bond in an amount no less than $! ,000,000.00 kept in force for the duration of the project. Each project is required to have it's own policy. 4. Proof of registration with Texas Residential Construction Commission is required at the time of registration and for the duration of the project. ELECTRICAL REGISTRANTS: I. Contractor registration filled out completely. 2. A valid Masters license is required at the time of registration and for the duration of the project. 3. A valid State of Texas driver's license or photo I.D. card. 4. All Journeyman and or Wireman performing work must be registered and posses a current license at the time of registration and for the duration of the project. 5. A list of additional persons authorized to sign applications and pick up approved permits for your company. 6. Proof of insurance as set forth in Section 8 (B) above. PLUMBING REGISTRANT: I. Contractor registration application filled out completely. 2. A valid Masters license is required at the time of registration and for the duration of the project. 3. A valid State of Texas driver's license or photo !.D. card. 4. All journeyman, tradesman, and apprentices performing work must be registered and possess a current license at the time of registration and for the duration of the project. 5. A list of additional persons authorized to sign applications and pick up approved permits for your company. 6. Proof of insurance as set forth in Section 8 (B) above. MECHANICAL REGISTRANT: I. Contractor registration application filled out completely. 2. A valid Masters license is required at the time of registration and for the duration of the project. 3. A valid State of Texas driver's license or photo I. D. card. 4. A list of additional persons authorized to sign and pick up approved permits for your company. 5. Proof of insurance as set forth in Section 8 (B) above. IRRIGATION REGISTRANT: Ordinance I 0-0 I Building Ordinance Page 6 of 19  I. Contractor registration application filled out completely. 2. A valid Irrigation license is required at the time of registration and for the duration of the project. 3. A valid State of Texas driver's license or photo I. D. card. 4. A list of additional persons authorized to sign applications and pick up approved permits for your company. 5. Proof of insurance as set forth in Section 8 (B) above. BACKFLOW TESTER REGISTRANTS: I. Contractor registration application filled out completely. 2. A valid Backflow Testers License is required at the time of registration at the time of registration and for the duration of the project. 3. A valid State of Texas driver's license or photo !.D. card. 4. Proof of insurance as set forth in Section 8 (B) above. SIGN CONTRACTOR REGISTRANT: I. Contractor registrant application filled out completely. 2. A valid State of Texas driver's license or photo I.D. card. 3. A list of additional persons authorized to sign applications and pick up approved permits for your company. 4. Proof of insurance as set forth in Section 8 (B) above. THIRD PARTY INSPECTOR REGISTRANT: I. Contractor registration application form filled out completely. 2. A valid State of Texas driver's license or photo !.D. card. 3. A list of qualified persons authorized to perform inspections. 4. Proof of certification 5. Proof of insurance as set forth in Section 8 (B) above. ROOFING REGISTRANT: I. Contractor registration application filled out completely. 2. Valid State of Texas drivers license or photo !.D. card. 3. Proof of insurance as set forth in Section 8 (B) above. CONCRETE REGISTRANT: I. Contractor registration application filled out completely. 2. A valid State of Texas driver's license or photo !.D. card. 3. Proof of insurance as set forth in Section 8 (B) above. FENCE I SCREENING WALL REGISTRANT: I. Contractor registration application filled out completely. 2. A valid State of Texas driver's license or photo !.D. card. 3. Proof of insurance as set forth in Section 8 (B) above. Ordinance I 0-0 I Bui !ding Ordinance Page 7 ofl9 D. Any registered Contractor that fails to maintain compliance with any provisions of this section shall cease all work being performed at the time the Contractor is no longer in compliance. SECTION 9. BOARD OF APPEALS A. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of this Ordinance, there shall be and is hereby created a Board of Appeals. The Town Council of the Town of Lakewood Village, Texas shall serve as the Board of Appeals. The Building Official shall be an ex-officio member of and shall act as secretary to the Board but shall have no vote on any matter before the Board. The Board shall adopt the rules of procedure for conducting its business, and shall render all decisions and finding in writing to the appellant with a duplicate copy to the Building Official. I. The powers of the Board shall be as follows: a. To hear appeals from decisions of the Building Official b. To hear requests for the use of a material or method of construction not prescribed or authorized by this code, and to authorize the use when, in the Board's judgment, the material or method of construction is at least equivalent to that prescribed; and c. To hear complaints, after suspension of any Contractor's registration as set forth in Section 4(1), from the Building Official, or any citizen, arising against any person, firm, or business registered with the Town to perform construction work of any type and shall have the power, after a hearing, to revoke or suspend the registration for any of the following reasons: (i) Chronic violation of these codes and this ordinance: (ii) Misrepresentation of material facts in obtaining the said registration or any renewal thereof: (iii) Chronic failure to secure permits, inspections, or approvals as required by this code; (iv) Use of said registration to obtain a permit for another person, firm, or corporation; (v) Causing liens, other than the registrant's, to be improperly created on a citizen's property; (vi) Threatening any citizen in any manner; (vii) Committing any crime of violence within the Town; or (viii) Committing any single violation of these codes or this ordinance placing any citizen in imminent danger. Ordinance 10-0 I Building Ordinance Page 8 of 19  2. The Board of Appeals shall have no authority relative to interpretation of the administration provisions of this Code nor shall the Board be empowered to waive requirements of this Code. SECTION 10. PREMISE IDENTIFICATION A. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting property. Said numbers shall contrast with their background, and shall comply with the following provisions, as applicable: 1. Residential occupancies shall have numbers a minimum of six (6) inches in height and be in a contrasting color to the background; 2. Duplexes shall have street and/or building numbers a minimum of eight (8) inches in height. When deemed necessary by the Town the street and/or building numbers may be required to be of a larger size for immediate and visible identification; 3. If the structure is more than two hundred (200) feet from a public street, the address shall also appear at the front or main entry to the property with numbers a minimum of six (6) inches in height. 4. When deemed necessary by the Town street or building numbers may be required on more than one side of the structure or property; 5. Building and/or street numbers shall be located in an area and lighted in a manner that will make them immediately discernible as approved by the Town. SECTION 11 NEW CONSTRUCTION REQUIREMENTS A. Temporary buildings or structures such as reviewing stand and other miscellaneous structures, sheds, canopies, or fences used for the protection of the public around and in conjunction with construction work may be erected only by special permit from the Town Building Official for a limited period of time to be designated in said permit; provided, however, that no portable or moveable trailer or similar building or structure shall be permitted during any period of construction. B. Temporary buildings or structures need not comply with the type of construction or fire resistive time periods required by this code. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in this permit with all surface area restored to its natural state. C. Portable toilets shall be provided at all construction job sites for which a building permit is required by this code. Ordinance 10-01 Building Ordinance Page 9 of 19 D. All Contractors will comply with the town's construction site refuse control program as outlined here. All residential and/or commercial construction sites shall be responsible for providing at a minimum, one 20-yard open top roll-off bulk trash container for construction debris and refuse, or a temporary refuse containment structure with minimum dimensions of 8' L x 8' W x 4' H made of 1" extel'ior plywood secured tightly on all four corners and to the ground in some manner. The container should have a hinged drop down or swing gate on one side for debris removal access. The contractor will also provide a temporary removable top cover either of exterior plywood and or a heavy tarp for either type of debris storage receptacle to prevent flying debris from possible windy or stormy conditions, etc. If a roll-off trash receptacle is used it must be obtained from the waste company that is currently under contract with the Town of Lakewood Village. Contractors are required to keep construction sites free and clear of trash at all times including no overflowing trash receptacles. The town administrative staff and designated building inspector reserve the right to perform unannounced spot inspections. If the construction site is found in violation of this ordinance then the construction site will be RED FLAGGED and an IMMEDIATE Stop Work Order will be issued with possible suspension of any registration. Once Red Flagged, the contractor will need to take corrective action to bring the work site to an acceptable condition and when compliance is obtained, the Red Flag will be lifted and construction activities may be resumed. E. Effective erosion control is required prior to any construction activity and will include the installation of an adequate and repositionable silt fence which should run along the property Jot's inside border boundary above and adjacent to the drainage ditch area and the public roadway. The silt fence will be constructed in a practical manner with the necessary openings so as to allow easy entry and exit from the roadway to the propetty conshuction site for all necessary construction equipment and machinery. F. It is the responsibility of the Contractor to place the proper size culvert on the lot to gain access to the lot prior to any constmction. Upon completion of construction the culvet1s ends must be in concrete and the culve11 must continue the direction of the flow of drainage. All culvert sizes are obtained through the Town. G. A Contractor is prohibited from adding dirt to the lot, benching the lot, or preparation of the lot prior to obtaining permit approval. H. It is the responsibility of the Contractors to keep a copy of all approved plans on the construction site at all times. They must be placed in a water tight container. All paperwork due to the inspector for inspection purposes and in compliance with this ordinance must be placed within this container. The replacement of any lost or stolen permits will be at a cost of $10.00 per occurrence. I. Energy Conservation Code Compliance Ordinance I 0-01 Building Ordinance Page 10 of19  1 All residential construction shall comply with the following simplified requirements or provide other approved energy compliance documentation (i.e. MecCheck, ResCheck, or Energy Star). These are minimum requirements. 1. Attic Insulation (blown)= R38 2. Exterior Sloped Ceilings (blanket)= R19 3. Floor insulation (blanket)= R19 4. Exterior Wall Insulation= Rl3 5. Environmental Air Duct in unconditioned Spaces= R6 (supply & return) 6. Windows= U.65 SHGC = .40 7. NC system efficiency minimum of 13 SEER 2. Each window assembly (doors with 50% or more glazing) is required to display at the time of insulation a certificate rating label indicating the National Fenestration Rating Council has tested the assembly. The label shall not be removed until after insulation inspection has been completed and approved. Window assemblies, which do not bear a certification rating shall be failed and removed from the window opening. J. Energy Star Homes 1. A third party rater plan review and inspection/testing by RESNET agency certified for the State of Texas will be required. Both voluntary and mandatory compliance will require two complete copies of rater analysis with building plan submission for building permit. Raters air-conditioning must be within 1% of plan/permit area. Contractors shall employ the same rater for plan review, inspection, and testing. 2. A third party verification form must be completely filled out, indicating final "HERS" rating score prior to the builders request for final inspection and certificate of occupancy. 3. To verify compliance with Environmental Protection Agency, the Town of Lakewood Village will not issue a cettificate of occupancy until all required documentation has been submitted and approved. This will only apply to homes that fall under this category. K. Upon completion of construction, no one may occupy or move any objects into or onto the property of new construction until a Certificate of Occupancy inspection has been performed and passed by an official of the Town. This is a separate inspection from the Final 100% complete inspection. Violation of this requirement will result in all utilities being disconnected until such time as a Certificate of Occupancy has been issued after all the proper inspections have been performed. L. Secondary structures will be permitted as new construction with minimum square footage requirements waived as long as secondary structure is contained within the property lines of the primary residence lot(s) and required set backs are met. Any secondary structure Ordinance I 0-0 I Building Ordinance Page II of 19  built on any adjacent lot must conform to the minimum square footage requirements of that section as stated in Ordinance 83-0IA Section 9 as amended or revised unless both lots are re-platted as a single lot and said plat is filed on record with Denton County, Texas. Proper proof of filing with Denton County, Texas must be provided to the Town at the time the building permit is sought. M. All new building construction will have a garage with the following requirements: I. There shall be no front-facing garages on any new construction. Where the configuration of the ground is such that conformity with this provision of this ordinance would work a hardship, the Town Council may permit a variance. 2. There shall be a garage size requirement on all new construction of a minimum of 25 feet in width and 22 feet in depth. Where the configuration of the ground is such that conformity with this provision of this ordinance would work a hardship, the Town Council may permit a variance. N. Driveways 1. All new building construction will have a driveway. The pouring requirements are as follows: a. The Contractor shall notify the Town of when they are scheduled to pour within 48-hours prior to pouring. b. No concrete will be poured before 7:00a.m. c. At the time of the scheduled pour, and prior to driving to the location of the pour, the Contractor and concrete registrant will be responsible for turning in all weight tickets to the Town. d. As per Weight Ordinance No. 98-09 Section 3 (C) as amended or revised, the gross weight limit on Town streets for a ready-mix concrete truck shall be 58,420 lbs. e. The minimum thickness of six (6) inches and minimum compression strength shall be 3000 psi at 28 days. f. Driveways shall be a minimum of 10 foot wide, in Town Section 5 driveways shall be a minimum of 12 foot wide. g. 3/8 inch rebar with no greater than 16 inch centers is required on all driveway construction. Re-bar placement must be inspected 48-hours prior to the pouring of concrete. h. All driveways must properly tie into the street. The Contractor is responsible for any road damage that may occur during the construction of the permitted project. All roads must be restored at least to their original condition prior to receiving their 100% final inspection. i. It shall be unlawful for any person, finn, or corporation or other legal entity to erect, construct, enlarge, alter, repair, move, improve, convert, or demolish Ordinance I 0-0 I Building Ordinance Page 12 of 19  any flatwork or driveway or cause to permit the same to be done in violation of this ordinance. j. A driveway permit that would place the water meter, water valve and meter box in the driveway shall provide, as a condition of said permit, for the removal of the water meter, water valve, and meter box out of the driveway, at the home and/or land owners expense. Replacement of the water meter, water valve, and meter box shall be in a manner were the meter can be serviced with an additional inspection on the plumbing performed by the Building Official at an additional cost of $75.00. A licensed plumber who is registered to work in the Town of Lakewood Village shall perform the replacement of the water meter, water valve, and meter box. 0. A form survey will be completed at the time that the forms are in position before the concrete is poured to ensure that the location of the slab is in compliance with all town ordinances. A copy of the form survey will be submitted to the Town. P. Height. There shall be no buildings, residential or commercial, that exceed 35 foot in height. Any exceptions are outlined in the Zoning Ordinance 83-0lA, as amended or revised. Q. The exterior facades of a main building or structure, excluding glass windows and doors shall be constructed of eighty (80) percent masonry requirement on all new construction for anything over 200 square feet or greater. Cementations fiber board shall not be considered masonry; cementations fiber board may be used to replace existing siding on existing structures, with pre-approval of the Building Official. Cementations fiber board may also be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, or other architectural features approved by the Building Official. R. Wood roof shingles are prohibited. S. The use of Stucco, various types of stucco and installation procedures must have prior approval from the Building Official. If approved, the builder must provide the installer's certification and certificate for the Town's files. Only true three coat stuccoing will be considered. Additional inspections are required at, hath, scratch coat, and brown coat. T. Exterior Insulation Finish System (EIFS) shall not be permitted on any construction. U. Construction work times shall begin no earlier than 7:00a.m. and shall end no later than 7:00p.m. V. All roof pitches shall have a minimum of four (4) inches over twelve (12) inches. W. The Town will grant approval to initiate electrical service for permanent or temporary use. Ordinance I 0-0 I Building Ordinance Page 13 of 19 X. All new construction shall have gutters installed in accordance to the submitted drainage plan with the minimum of the entire front of house, all exits, and above all air- conditioning units. Y. It is also the responsibility of the Contractor to ensure the grading of the ditches or easements continue the flow of drainage prior to receiving the I 00% Final Inspection. Lot to lot drainage is not allowed. Z. All property comers must be permanently identifiable. SECTION 12 INSPECTION REQUIREMENTS A. Request for Inspections FAXED REQUESTS: Faxed requests will be accepted until 8:00 a.m. for inspection within 48 hours. Official time will be accounted for based on time noted on the received fax. Receipt of any faxed request without a date and time set forth in a proper header will not be processed. Missing the cut off time will require the inspection to be made on the following business day. Fax number is provided in the Contractor Guidelines TELEPHONE REQUESTS: Telephone requests will be accepted until II :00 AM for inspection within 48 hours. Official time will be accounted for based on the time call is received or by voice mail time stamp. Missing the cut off time will require the inspection to be made on the following business day. All phone numbers are provided in the Contractors Guideline. Inspector will leave the inspection tag on site in a designated water-tight box that is provided by the Contractor. B. Building permits will include inspections performed during the following construction stages: !. T-Pole 2. Plumbing Rough, form board surveys are due at this time on site 3. WaterTap 4. SewerTap 5. Pier and Beam 6. Foundation 7. Pre-frame, prior to any roof decking, soffit, or fascia 8. Frame 9. Mechanical I 0. Electrical II. Plumbing Top Out 12. 4 foot brick tie inspection 13. Electrical/Gas Meter Release Ordinance I 0-0 I Building Ordinance Page 14 ofl9  14. Flatwork 15. 100% Final 16. Certificate of Occupancy • All Third party insulation inspections reports are due prior to the electrical/gas meter release. • At the time of the scheduled pour, and prior to driving to the location of the pour, the Contractor will be responsible for turning in all weight tickets to the Town. • Inspectors will not provide more than ten (10) items of which need corrected. Once ten (I 0) items have been noted for corrections the inspection will be stopped and failed until all items have been corrected. • Termite letter, Customer Service Inspection letter, and the Final Grade survey is due on site at the I 00% Final Inspection. • Piers must be inspected by an independent contractor. A copy of the inspection must be supplied to the Town prior to calling in the next inspection. C. Mandatory re-inspections. All Contractors shall have one (I) week to fix all items from the prior inspection. The Building Official will immediately fail and discontinue the re- inspection upon finding a prior failed item that was listed on the prior inspection tag. All items must be inspected prior to cover up, i.e. concrete and sheet rock. Mandatory re- inspections shall continue weekly until such time as the inspection is passed, and subject to the re-inspection fees below. D. Re-inspection fees. The Town shall charge up to $100.00 for the first re-inspection. With each subsequent re-inspection the Town shall increase the re-inspection fee, for the failed inspection only, by $100.00 each time it fails, up to a maximum of $1,000.00 per inspection. E. Local amendments to the International Plumbing Code for new construction will meet the following: I. No air admittance valve shall be permitted 2. All underground domestic water supply shall be copper, I inch copper type L service line with a one inch meter. 3. Termite shield wire mesh is required on all plumbing into the house. F. Local amendments to the National Electric Code for new construction will meet the following: I. Minimum size wire shall be # 12. G. It is the responsibility of the Contractor to provide what the inspector may need to perform the inspections, i.e. a ladder, temporary lighting, etc. Temporary lighting is required for all House Seconds and Rough Inspections to be installed prior to request for Ordinance I 0-0 I Building Ordinance Page 15 of 19  inspections. Should temporary lighting not be in place, the inspection will be failed and subject to 12 (C) above. H. All Sprinkler Contractors must have the Backflow Prevention Form filed with the Town of Lakewood Village prior to hooking the system up to the water supply. I. All inspections must be performed during daylight hours. SECTION 13. EXISTING CONSTRUCTION I REPAIRS I REMODELING REQUIREMENTS A. All remodels and repairs for buildings over 200 square feet, inspections are required only as they apply to the permitted improvements, applicable building codes and Town ordinances. B. All new construction foundation plans are to be drawn and sealed by an Engineer licensed by the State of Texas. C. An application for flatwork must be submitted to the Town for approval. Flatwork must follow all other flatwork requirements within this ordinance. D. Erosion control is required prior to any construction and must be maintained throughout construction completion. E. All remodels, repairs, alterations, must have two (2) copies of the plot plans turned into the Town showing the actual dimensions and shape of the lot to be built upon or altered, the exact sizes and locations on the lot of any already existing buildings, and the location and dimensions of the proposed building or alteration. F. Two copies of the existing house plans prior to any alterations, remodels or repair must be turned in prior to approval of the permit. SECTION 14. AUTHORITY OF THE BUILDING OFFICIAL The Town's Building Official shall have the authority and power to enforce all provisions of all ordinances passed and approved by the Town of Lakewood Village, Texas and all codes contained within this ordinance and all amendments. SECTION 15. PENALTY It shall be unlawful for any person to violate any provision of this ordinance. Any person violating or failing to comply with any provisions hereof shall be fined, upon conviction, in an amount not more than two thousand dollars ($ 2,000.00). Each day during or on which a violation occurs or continues shall be a separate offense. Ordinance 10-0 1 Building Ordinance Page 16 of 19  SECTION 16. REPEALER Previous Building Code ordinance 06-06/\ and all of its amendments and revisions are hereby repealed in their entirely. SECTION 17. SEVERABILITY The provisions of this ord inance are severable and if any section, article, paragraph, sentence, clause, phrase, or word in this ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction such holding shall not affect the validity of the remaining portions or this ord inance despi te such invalidity, which remaining portions shall remain in full Ioree and clTcct. SECTION 18. EFFECTIVE DATE This ordinance shall become eiTcctivc rrom and arter its date of adoption and publication as requ ired by law. PASSED and APPROVED by the Town Counci l of the Town of Lakewood Village. Texas thi s the 14th day of January, 20 I 0. e Schmttker, Mayor Town of Lakewood Village, Texas ATTEST: ~~',. .l, · l.·. /)J,-f:NV(I Linda Asbell, Town Secretary Town of Lakewood Village, Texas Ordinance I 0-0 1 Bu ilding Ord inance Page 17 of 19 EXHIBIT A FEES: A. Building Permit Fees inside the Town- the building permit fee shall be $1,500.00 for the minimum square footage, plus $1.25 for each square foot of the building or structure which exceeds the minimum square footage requirement of the particular zoning district in which the building is located. B. Building Permit Fees inside the ETJ - The building permit fee shall be $1.25 for each square foot of the building C. Water/Sewer Taps -The charges for tapping water mains and conveying the water to the property line shall be a minimum of $900.00 plus any other expenses the town incurs. All costs and expenses for labor and materials incurred by the Contractor which costs include, but are not limited to, meter boxes, couplings, tubing, and necessary excavation work are the responsibility of the Contractor. It is the responsibility of the Contractor to ensure all meters, water shut off valves, and fire hydrants are brought up to grade by use of risers prior to receiving the water tap inspections. Meter boxes cannot be made of plastic. D. Flatwork Permit Fees -$250.00 for any flatwork, other than foundations, which includes, but is not limited to, flatwork greater than 200 square foot or greater, sidewalks, driveways and patios for the first two inspections, each subsequent inspection shall be $75.00 per inspection after the second inspection. E. Driveway Permits -$200.00. A driveway permit that would place the water meter, water valve and meter box in the driveway shall have a condition of said driveway permit for the removal of the water meter, water valve, and meter box out of the driveway, at the home and/or land owners expense. Replacement of the water meter, water valve, and meter box shall be in a manner were the meter can be serviced with an additional inspection on the plumbing performed by the Building Official at the cost of $75.00 F. Plan Review Fees- When documents are submitted a plan review fee shall be paid at the time of submittal. The plan review fee shall be 65% of the building permit fee. The plan review fee is a separate fee from all other fees and is in addition to the permit fee. G. Registration Fees -- General Contractor $500, sub-contractors and others $100 per person/per year H. Fence Permit-- $150.00 I. Sprinkler Permit-- $150.00. J. Electrical Permit-- $150.00 K. Plumbing Permit-- $150.00 Ordinance I 0-0 I Building Ordinance Page 18 of 19 EXHIBIT A PAGE TWO FEES (continued): L. Miscellaneous Permits-- $150.00 if not more than two inspections are required. For each inspection required over two an additional fee of $75 will be applicable. L. Pool Permits -- $500.00. Ordinance 98-06A is incorporated herein as revised or amended. Soil reports are required for all pool construction prior to permitting. M. Spa Permits-- $250.00. Ordinance 98-06A is incorporated herein as revised or amended. N. The Board of Appeals fee for structures up to 500 square feet- $100.00, 501 square feet up to 5,000 square feet- $250.00, structures over 5001 square feet- $500.00. 0. Stucco Exterior Finish -- $250, in addition to any necessary building permits, requires 3 additional inspections. Ordinance 10-01 Building Ordinance Page 19 of 19 Exhibit 22 STAT E OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I here by certify. in the perform ance of the functi ons of my offi ce. that th e attached instruments are full. true and correct copies of Town of Lakewood Vill age Ord inance 11 -04. The same appear of record in my office and said documents are the offi cia l records from the public offi ce of the Town Secretary of the Town of Lakewood V illage. Den ton County. Texas, and are kept in said office. I ftmher certify that r am the Town Secretary of the Town of Lakewood Village. that 1 have legal custody of said records, and that I am a lawful possessor and keeper of the records in said offi ce. In witness whereof I have hereunto set my ha nd nnd affixed the official seal of The Town of Lakewood Village th is 26th day of March. 20 14. L m a Asbell , TRMC Town Secretary Tow11 of Lakewood Village Denton County State o f Texas  TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 11-04 AN ORDINANCE TO ADOPT THE 2006 INTERNATIONAL MECHANICAL CODE, WITHIN THE TOWN OF LAKEWOOD VILLAGE AND THE TOWN OF LAKEWOOD VILLAGE EXTRATERRITORTIAL JURISDICTION; PROVIDING A SAVINGS/REPEALING CLAUSE, PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE WHEREAS, the Town Council of the Town of Lakewood Village, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens ofthe Town of Lakewood Village, Texas and the citizens inside the Town of Lakewood Village Extraterritorial Jurisdiction (collectively "Lakewood Village") to adopt the 2006 Edition of the International Mechanical Code, save and except the deletions and amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body ofthis Ordinance as if fully set forth herein. SECTION 2: Adoption of the 2006 International Mechanical Code. The International Mechanical Code, 2006 Edition, copyrighted by the International Code Council, Inc., save and except the deletions and amendments set forth in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby adopted as the mechanical code for Lakewood Village, regulating the design, installation, maintenance, addition, alteration, and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within Lakewood Village (The "2006 International Mechanical Code"). The 2006 International Mechanical Code is made a part of this Ordinance as if fully set forth herein SECTION 3: Savings/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 remaini11g portion of conflicting ordinances shall remain in full force and effect. SECTION 4: Penalty Provision. Any person, firm, corporation or business entity violating this Ordil1ance shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and every day that such violation contil1ues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. Lakewood Village retains all legal rights and remedies available to it pmsuant 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. Lakewood Village hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, itTespective 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 upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF LAKE\VOOD VILLAGE, TEXAS, on thjs 12th day of MAY, 2011. f\1i' e Schmttker, Mayor Town of Lakewood Village ATTEST c~s;~~L-J~b& eCL Linda Asbell, Town Secretary Town of Lakewood Village Ordinance 11-04 2006 International Mechanical Code Page 2 of5  Exhibit "A" Town of Lakewood Village 2006 International Mechanical Code The following additions, deletions, and amendments to the 2006 International Mechanical Code adopted herein are hereby approved and adopted. Chapter 1. Administration of the 2006 International Mechanical Code is amended as follows: Section 102 Applicability of the 2006 International Mechanical Code is amended as follows: 102.8 Referenced codes and standards. The codes and standards referenced herein shall be those that are listed in Chapter 15 and such codes, when specifically adopted, and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFP A 70 or the ICC Electrical Code shall mean the Electrical Code as adopted by the Town of Lakewood Village as it currently exist or may be amended. Where requirements in this code conflict with any requirements of other adopted codes by the Town of Lakewood Village the most stringent requirements shall apply. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and the manufacturer's installation instructions shall apply. Section 106 Permits of the 2006 International Mechanical Code is amended as follows: 106.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 90 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 106.4.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work recommences, a new permit shall be first obtained and the fee, therefore, shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents Ordinance 11-04 2006 International Mechanical Code Page 3 of5  for such work, and provided further that such suspension or abandonment has not exceeded one year. 106.5.2 Fee schedule. The fees for mechanical work shall be as indicated in the Town of Lakewood Village Building Inspections Fee Schedule 106.5.3 Fee refunds. The code official shall authorize the refunding of fees as follows. 1. The full amount of any fee paid hereunder which was erroneously paid or collected. 2. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. Chapter 3 Regulations of the 2006 International Mechanical Code is amended as follows: Section 304 Installation of the 2006 International Mechanical Code is amended as follows: 304.9 Clearances from grade. Equipment and appliances installed at grade level shall be supported on a level concrete slab extending above adjoining grade a minimum of3 inches (76 mm) or shall be suspended a minimwn of6 inches (152 mm) above adjoining grade. Section 306 Access and service space of the 2006 International Mechanical Code is amended as follows: 306.3 Appliances in attics. Attics containing appliances requiring access shall be provided with an opening and unobstructed passageway large enough to allow removal ofthe largest appliance. The passageway shall not be less than 30 inches (762 mm) high and 22 inches (559 mm) wide and not more than 20 feet (6096 mm) in length measured along the center line of the passageway from the opening to the appliance. The passageway shall have continuous unobstructed solid flooring not less than 24 inches (610 mm) wide. A level service space not less than 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present at the front or service side of the appliance. The clear access opening dimensions shall be a minimum of20 inches by 30 inches (508 mm by 762 mm), where such Ordinance 11-04 2006 International Mechanical Code Page 4 of5  dimensions are large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one ofthe following: 1. Permanent stairs or ladder fastened to the building. 2. A pull down stair with a minimum 300 lb. rating. 3. An access door from an upper floor. Exceptions: 1. The passageway and level service space are not required where the appliance can be serviced and removed through the required opening. 2. Where the passageway is unobstructed and not less than 6 feet (1829 mm) high and 22 inches (559 mm) wide for its entire length, the passageway shall be not more than 50 feet (15 250 mm) long. Chapter 5 Exhaust Systems of the 2006 International Mechanical Code is amended as follows: Section 504 Clothes dryer exhaust of the 2006 International Mechanical Code is amended as follows: 504.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the outlet terminal. The maximum length ofthe duct shall be reduced 21/2 feet (762 mm) for each 45 degree (0.79 rad) bend and 5 feet (1524 mm) for each 90 degree (1.6 rad) bend. The maximum length of the exhaust duct does not include the transition duct. Exception: Where the make and model of the clothes dryer to be installed is known and the manufacturer's installation instructions for such dryer are provided to the code official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer's installation instructions, and provided that a 4 inch by six inch sign red in color with white letters is permanently affixed to the structure stating the following: Warning: Dryer must be approved for vent length not to exceed 40 feet total developed length (TDL). Duct Size: (Insert Number) Total Developed Length: (Insert Number) Chapter 6 Duct systems of the 2006 International Mechanical Code is amended as follows: Section 603 Duct construction and installation of the 2006 International Mechanical Code is amended as follows: 603.6.1.1 Duct length. For other than residential construction, flexible ducts shall be limited to 5 foot connections at end of duct runs. End of Exhibit "A" Ordinance 11-04 2006 International Mechanical Code Page 5 of5 Exhibit 23 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DE:NTON ) 1 hereby certify, in the performance of the fun ctions of my office, th at the attached instruments are full , true and correct copies of Town of Lakewood Vi llage Ord inance 11-08. The same appear o f record in my office and said documents are the offic ia l records from the public office of the Town Secreta ry of the Town of Lakewood V illage. Denton County, Texas. and are kept in said office. I further certify that l am the Town Secretary o r Lhc Town of Lakewood V illage, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. fn witness whereof I have hereunto set my hand and affixed the oflicial seal of The Town of Lakewood Vi llage this 26th day ofMarch, 20 14. ~cLc~~&o2. ~beii.TRMC, Town Secretary Tovvn of Lakewood Vi llage Denton Co unty State ofTexas  TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO.ll-08 AN ORDINANCE TO ADOPT THE 2005 NATIONAL ELECTRICAL CODE, WITHIN THE TOWN OF LAKEWOOD VILLAGE AND THE TOWN OF LAKEWOOD VILLAGE EXTRA TERRITORTIAL JURISDICTION; PROVIDING A SAVINGS/REPEALING CLAUSE, PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Lakewood Village, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Lakewood Village, Texas and the citizens inside the Town of Lakewood Village Extraterritorial Jurisdiction (collectively "Lakewood Village") to adopt the 2005 Edition of the National Electrical Code, save and except the deletions and amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, 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: Adoption of the 2005 National Electrical Code. The National Electrical Code, 2005 Edition, copyrighted by the National Fire Protection Association including Annex G, save and except the deletions and amendments set forth in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby adopted as the Electrical code for Lakewood Village, regulating the construction, alteration, removal, use, and/or maintenance of any electrical wiring, apparatus, device, or system within Lakewood Village (The "2005 National Electrical Code"). The 2005 National Electrical Code including Annex G is made a part of this Ordinance as if fully set forth herein. SECTION 3: Savings/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 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 therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. Lakewood Village 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. Lakewood Village hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase the reo[ iJTespective 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 upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, on th.is 12th day of MAY, 2011. $.s~ayor Town of Lakewood Village ATTEST Linda Asbell, Town Secretary Town ofLakewood Village Ordinance 11-08 2005 National Electrical Code Page 2 of6  Exhibit "A" Town of Lakewood Village 2005 National Electrical Code The following additions, deletions, and amendments to the 2005 National Electrical Code adopted herein are hereby approved and adopted. Chapter 3 Wiring Methods and Material of the 2005 National Electrical Code is amended as follows: Article 300 Wiring Methods of the 2005 National Electrical Code 1s amended as follows: 300.1 Scope (A) All Wiring Installations This article covers wiring methods for all wiring installations unless modified by other articles. Article 310 Conductors for General Wiring of the 2005 National Electrical Code is amended as follows: 310.2 Conductors (B) Conductor Material Conductors in this article shall be of copper unless otherwise specified. Use of aluminum 1/0 and larger is allowed for multifamily and commercial use only. All grounding and bonding conductors shall be of copper. All electrical conductors for commercial, office, or industrial installation shall be installed in approved conduits or raceways regardless of type of construction. 310.5 Minimum Size of Conductors The minimum size of conductors shall be as shown in Table 31 0.5, except for low voltage control circuits. Table 310.5 Minimum Size of Conductors Conductor Minimum Conductor Size (A WG) Voltage Rating (Volts) Aluminum or Copper-Clad Aluminum Copper Aluminum (only feeders allowed) 0-2000 12 1/0 2001-8000 8 1/0 8001-15,000 2 1/0 15,001-28,000 1 1/0 28,001-35,000 1/0 1/0 310.14 Aluminum Conductor Material Ordinance 11-08 2005 National Electrical Code Page 3 of6  Solid aluminum conductors 8, 10, and 12 AWG shall be made of an AA-8000 series electrical grade aluminum alloy conductor material. For multifamily and commercial use only. Stranded aluminum conductors 8 A WG 1/0 through 1000 kcmil marked as Type RHH, RHW, XHHW, THW, THHW, THWN, THHN, service-entrance Type SE Style U and SE Style R shall be made of an AA-8000 series electrical grade aluminum alloy conductor material. Documentation of all installations shall be provided for torque and terminations as required by article 110. ARTICLE 334 Nonmetallic-Sheathed Cable: Types NM, NMC, and NMS of the 2005 National Electrical Code is amended as follows: 334.12 Uses Not Permitted (A) Types NM, NMC, and NMS Types NM, NMC, and NMS cables shall not be permitted as follows: (1) In any dwelling or structure not specifically permitted in 334.10(1), (2), and (3) (2) Exposed in dropped or suspended ceilings in other than one- and two-family and multifamily dwellings (3) As service-entrance cable (4) In commercial garages having hazardous (classified) locations as defined in 511.3 (5) In theaters and similar locations, except where permitted in 518.4(B) (6) In motion picture studios (7) In storage battery rooms (8) In hoistways or on elevators or escalators (9) Embedded in poured cement, concrete, or aggregate (10) In hazardous (classified) locations, except where permitted by the following: a. 501.10(B)(3) b. 502.10(B)(3) c. 504.20 (11) In building where it would be required to pass through either factory or field punched, cut, or drilled slots or holes in metal members. Chapter 6 Special Equipment of the 2005 National Electrical Code is amended as follows: ARTICLE 680 Swimming Pools, Fountains, and Similar Installations of the 2005 National Electrical Code is amended as follows: 680.71 Protection Hydromassage bathtubs and their associated electrical components shall be protected by a dedicated_ground-fault circuit interrupter. All 125-volt, single- Ordinance 11-08 2005 National Electrical Code Page 4 of6  phase receptacles not exceeding 30 amperes and located within 1.5 m (5 ft) measured horizontally of the inside walls of a hydromassage tub shall be protected by a ground-fault circuit interrupter(s). Annex G Administration and Enforcement of the 2005 National Electrical Code is amended as follows: 80.15 Electrical Board. This Section deleted in its entirety. 80.23 Notice of Violations, Penalties. Notice of violations and penalties shall conform to 80.23(A) and (B). (B) Penalties. (1) Any person who fails to comply with the provisions of this Code or who fails to carry out an order made pursuant to this Code or violates any condition attached to a permit, approval, or certificate shall be subject to the penalties established by this jurisdiction. (2) Failure to comply with the time limits of an abatement notice or other corrective notice issued by the authority having jurisdiction shall result in each day that such violation continues being regarded as a new and separate offense. (3) Any person who commences any work on an electrical system before obtaining the necessary permits shall be subject to a Penalty of 100% of the usual permit fee in addition to the required permit fees. 80.25 Connection to Electricity Supply. Connections to the electric supply shall conform to 80.25(A) through (E). 80.27 Inspector's Qualifications. (A) Certificate. All electrical inspectors shall be certified by a nationally recognized inspector certification program. The certification program shall specifically qualify the inspector in electrical inspections. No person shall be employed as an Electrical Inspector unless that person is the holder of an Electrical Inspector's certificate of qualification, or can obtain the certificate of qualification within 6 months of initial hire issued by a nationally recognized inspector certification program. (B) Experience. Electrical inspector applicants shall demonstrate the following: Ordinance 11-08 2005 National Electrical Code Page 5 of6  ( 1) Have a demonstrated knowledge of the standard materials and methods used in the installation of electric equipment (2) Be well versed in the approved methods of construction for safety to persons and property (3) Be well versed in the statutes and ordinances of The Town of Lakewood Village relating to electrical work and the National Electrical Code, as approved by the American National Standards Institute (4) Have had at least 1 years! experience as an Electrical Inspector or 2 years in the installation of electrical equipment. In lieu of such experience, the applicant shall be a graduate in electrical engineering or of a similar curriculum of a college or university considered by the Board as having suitable requirements for graduation and shall have had two years' practical electrical expenence. 80.29 Liability for Damages. Article 80 shall not be construed to affect the responsibility or liability of any party owning, designing, operating, controlling, or installing any electric equipment for damages to persons or property caused by a defect therein, nor shall the Town of Lakewood Village or any of its employees or agents be held as assuming any such liability by reason of the inspection, reinspection, or other examination authorized. 80.35 Effective Date. Article 80 shall take effect July 1, 2009 after its passage and publication. End of Exhibit "A" Ordinance 11-08 2005 National Electrical Code Page 6 of6 Exhibit 24 STATEOFTEXAS ) ) CERTIFICATE TO CO PY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performa nce of the functions o f my offi ce, that the attached instruments ru·e ful l, true and correct copies of Town of Lakewood Vi llage O rdinance 11-09. The same appear of record in my offi ce and said documents are the officia l records from the public office o f the Town Secretary of the Town of Lakewood Village. Denton County, Texas, ru1d are kept in sa id office. I further certify that I a m the Town Secretary o r the Town of Lakewood Vi llage, that I have legal custody of said records, and that I am a law fu l possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and a ffi xed the official seal of The Town of Lakewood Village th is 26th day of March, 20 14. ~cLo.~W . ~ell, T RMC . Town Secretary Town ofLakcwoocl Vi llage Denton Coun ty State of Texas  TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 11-09 AN ORDINANCE TO ADOPT THE 2006 INTERNATIONAL PLUMBING CODE, WITHIN THE TOWN OF LAKEWOOD VILLAGE AND THE TOWN OF LAKEWOOD VILLAGE EXTRATERRITORTIAL JURISDICTION; PROVIDING A SAVINGS/REPEALING CLAUSE, PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Lakewood Village, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Lakewood Village, Texas and the citizens inside the Town of Lakewood Village Extraterritorial Jurisdiction (collectively "Lakewood Village") to adopt the 2006 Edition of the International Plumbing Code, save and except the deletions and amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, 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: Adoption of the 2006 International Plumbing Code. The International Plumbing Code, 2006 Edition, copyrighted by the International Code Council, Inc., save and except the deletions and amendments set forth in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby adopted as the Plumbing Code for Lakewood Village, regulating the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing systems within Lakewood Village (The "2006 International Plumbing Code"). The 2006 International Plumbing Code is made a part of this Ordinance as if fully set forth herein. SECTION 3: Savings/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 portion of conflicting ordinances shall remain in full force and effect. SECTION 4: Penalty Provision. Any person, finn, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and  every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. Lakewood Village 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. Lakewood Village hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, inespective of the fact that any one or more sections, subsections, sentences, clauses, ru1d phrases be declared unconstitutional. SECTION 6: Effective Date. This Ordinru1ce shall become effective upon its passage ru1d publication as required by Jaw. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VlLLAGE, TEXAS, on this 12th day ofMA Y, 2011. Mi e Schmttker, Mayor Town of Lakewood Village ATTEST ~JcJ9k&Q~ Linda Asbell, Town Secretru·y Town of Lakewood Village Ordinru1ce 11-09 2006 International Plumbing Code Page 2 of4  Exhibit "A" Town of Lakewood Village 2006 International Plumbing Code The following additions, deletions, and amendments to the 2006 International Plumbing Code adopted herein are hereby approved and adopted. Chapter 1. Administration of the 2006 International Plumbing Code is amended as follows: Section 102 Applicability of the 2006 International Plumbing Code is amended as follows: 102.8 Referenced codes and standards. The codes and standards referenced herein shall be those that are listed in Chapter 15 and such codes, when specifically adopted, and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFP A 70 or the ICC Electrical Code shall mean the Electrical Code as adopted by the Town of Lakewood Village as it currently exist or may be amended. Where requirements in this code conflict with any requirements of other adopted codes by the Town of Lakewood Village the most stringent requirements shall apply. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and the manufacturer's installation instructions shall apply. Section 106 Permits of the 2006 International Plumbing Code is amended as follows: 106.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 90 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 106.5.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced and received a minimum of one approved inspection within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work recommences, a new Ordinance 11-09 2006 International Plumbing Code Page 3 of 4  permit shall be first obtained and the fee, therefore, shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year. 106.6.2 Fee schedule. The fees for Plumbing work shall be as indicated in the Town of Lakewood Village Building Inspections Fee Schedule 106.6.3 Fee refunds. The code official shall authorize the refunding of fees as follows. 1. The full amount of any fee paid hereunder which was erroneously paid or collected. 2. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. Chapter 9. Vents of the 2006 International Plumbing Code is amended as follows: Section 917 Air Admittance Valves of the 2006 International Plumbing Code IS amended as follows: 917.3 Where permitted. Individual, branch and circuit vents shall be permitted to terminate with a connection to an individual or branch-type air admittance valve. Stack vents and vent stacks shall be permitted to terminate to stack-type air admittance valves. Individual and branch-type air admittance valves shall vent only fixtures that are on the same floor level and connect to a horizontal branch drain. The horizontal branch drain having individual and branch-type air admittance valves shall conform to Section 917.3.1 or 917.3.2. Stack-type air admittance valves shall conform to Section 917.3.3. Air admittance valves shall only be installed with the prior written approval of the Building Official. End of Exhibit "A" Ordinance 11-09 2006 International Plumbing Code Page 4 of4 Exhibit 25 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certi fy, in the performance o f the fw1ctions o f my ofli ce, that the attached instruments are full , true and correct copies of the Town o f Lakewood Vi ll age Ord inance 11- 11. T he same appear of record in my o ffice and said documents are the onicial records fro m the public office of the Town Secretary of the Tovvn or Lakewood Vi llage, Denton County, Texas, and are kept in said o ffi ce. 1 further certify th at I am the Town Secretary of the Town of Lakewood Vi llage. that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereof l have hereunto set my hand and affixed the offi cial seal of The T own of Lakewood Vi llage thi s 16th day o f March. 20 14. Lm a Asbell, TRMC . Town Secreta ry Town of Lakewood Vi llage Dento n County Sta te o fTexas  TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 11-11 AN ORDINANCE OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, AMENDING ORDINANCE 08-06 AND ALL OTHER ORDINANCES OF THE TOWN REGULATING SUBDIVISIONS AND OTHER PROPERTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS, AMENDMENT AND REPEAL CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council ("Town Council") desires to amend Ordinance 08-06 and all other ordinances regarding the Town's rules and regulations for subdivisions and property development as authorized by Chapter 212, Texas Local Government Code, as amended; and WHEREAS, the Town Council finds that there is a public necessity requiring adoption of this ordinance, said public necessity being the need to establish rules and regulations for subdivisions and property development and extend such rules and regulations to the extraterritorial jurisdiction of the Town ("ETJ") to protect the public health, welfare and safety of the citizens of the Town and the ETJ; and WHEREAS, the Town Council is authorized and empowered to apply the Town's regulations for subdivisions and property development to its ETJ pursuant to Section 212.003 of the Texas Local Government Code; and WHEREAS, the Town Council has conducted a public hearing on the application of the Town's regulations for subdivisions and property development to its ETJ, and the Town Council finds and determines that all required notices and hearings in this regard have been given and that the meeting at which the public hearing has been held and at which this ordinance is being adopted were open to the public and conducted according to applicable law; and WHEREAS, the Town Council hereby finds and determines that the adoption of this ordinance is in the best interests ofthe health, safety and welfare ofthe citizens ofthe Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS: Sec. 1. Findings Incorporated. The findings set forth above are incorporated into the body ofthis ordinance as if fully set forth herein. Sec. 2. Extension of Subdivision Rules and Regulations, Building Standards and Ordinance 11-11 Amendment of Subdivision Regulations Page I of3 Construction Permits and Fees, and Uniform Codes to the Extraterritorial Jurisdiction. This ordinance is hereby adopted under the authority of the Constitution and laws of the State of Texas, including Texas Local Government Code Chapter 212, and is being adopted after conducting a public hearing on the matter. The Town Council hereby amends Ordinance 08-06, the Town of Lakewood Village Subdivision and Property Regulations by extending the application of the Town of Lakewood Village Subdivision and Property Regulations to the extraterritorial jurisdiction of the Town, as that area may exist from time to time. This ordinance shall be applicable to the filing of plats, the subdivision of land, and development of property within the corporate limits of the Town and its extraterritorial jurisdiction as they may exist from time to time adjusted. All ordinances of the Town, including Ordinance 10-01, which by such ordinance( s) the Town Council has adopted and made applicable to the Town the uniform codes, including but not limited to those concerning and applicable to building, plumbing, mechanical, energy, fuel and gas, property maintenance, electrical, fire and all appendices thereto, and all ordinance(s) concerning and related to permits and permit fees for building and construction, shall be and are hereby amended to apply and extend all such ordinances and their provisions to the ETJ of the Town to the full extent as permitted by law. The Town shall have all remedies and rights provided by Texas Local Government Code, Chapter 212, with regard to the control and approval of subdivisions and plats and property development both within the Town and within its ETJ to the full extent as permitted by law. Sec. 3. Severability. It is hereby declared to be the intention of the Town Council that if any of the sections, paragraphs, sentences, clauses, and phrases of this ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not effect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance of unconstitutional or invalid phrases, clauses, sentences paragraphs or sections. Sec. 4. Savings, Amendment and Repeal. This ordinance shall be cumulative of all other ordinances of the Town and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this ordinance; provided, however, that Ordinance No. 08-06 of the Town and all other ordinance and parts of ordinance of the Town in conflict with this ordinance are hereby amended and repealed to the extent of such conflict, but provided that any complaint, action, cause of Ordinance 11-11 Amendment of Subdivision Regulations Page 2 of3  action, or claim which prior to the effective date of this ordinance has been initiated or has arisen under or pursuant to Ordinance No. 08-06 shall continue to be governed by the provisions of that ordinance and for that purpose Ordinance No. 08-06 shall be deemed to remain and shall continue in full force and effect. Sec. 5. Effective Date. This ordinance shall become effective from and after its date of passage and publication as provided by law. PASSED AND APPROVED by the Town Council of the Town of Lakewood Village orl. the 11th day of March, 2011. ~Mayor ATTEST: ~ l o'7Qobe02 ~sbell, Town Secretary APPROVED AS TO FORM: Wm. Andrew Messer, Town Attorney Ordinance 11-1 J Amendment of Subdivision Regulations Page 3 of3  action, or claim which prior lo the effective date of this ordi11ance has been initiated or has arisen under or pursuanl to Ordinance No. 08-06 shall continue to be governed by the provisions ofthat ordinance and for that purpose Ordinance No. 08-06 shall be deemed to remain and shall continue in fttll force and eftecl. Sec, 5. Effective Date. This ordinance shall become etlective from und aller ils date of pnssage and publication as provided by law. PASSED AND APPROVED by the Town Council of the Town of Lakewood Village on the 11th day of March, 2011. ~,ike Schnittke1·. Maym ATTEST: ~ew~w,~T~~~~~f4t-ec-·re_t_an_;_________ APPROVED AS TO FORM: Ordinance 11-11 Amendment ofSuhdivisinn Rcgulntions Page 3 of3 Exhibit 26 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of Town of Lakewood Vi II age Ordinance 11-13. The same appear of record in my office and said docw11ents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. 1 further certify that I am the Town Secretary of the Town of Lakewood Village, that 1 have legal custody of said records, and that I am a lawfu l possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day ofMarch, 20 14. ~d o~{d.-)::JR 0 Q ~ell, TRMC, Town Secretary Town of Lakewood Village Denton County State ofTex as  TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 11-13 AN ORDINANCE TO ADOPT THE 2006 FUEL GAS CODE, WITHIN THE TOWN OF LAKEWOOD VILLAGE AND THE TOWN OF LAKEWOOD VILLAGE EXTRATERRITORTIAL JURISDICTION; PROVIDING A SAVINGS/REPEALING CLAUSE, PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Lakewood Village, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Lakewood Village, Texas and the citizens inside the Town of Lakewood Village Extraterritorial Jurisdiction (collectively "Lakewood Village") to adopt the 2006 Edition of the International Fuel Gas Code, save and except the deletions and amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, 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: Adoption of the 2006 International Fuel Gas Code. The International Fuel Gas Code, 2006 Edition, copyrighted by the International Code Council, Inc., save and except the deletions and amendments set forth in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby adopted as the Fuel Gas code for Lakewood Village, regulating the design, installation, maintenance, addition, alteration, and inspection of Fuel Gas systems that are permanently installed and utilized to provide control of environmental conditions and related processes within Lakewood Village (The "2006 International Fuel Gas Code"). The 2006 International Fuel Gas Code is made a part of this Ordinance as if fully set forth herein. SECTION 3: Savings/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 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 therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and  every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. Lakewood Village retains all legal rights and remedies available to it pmsuant 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 po1tions of this Ordinance. Lakewood Village 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 upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, on this 14th day of APRIL, 2011. 0fke Schnittker, Mayor Town of Lakewood Village ATTEST ~CJ/Jc,~y>p{L Linda Asbell, Town Secretary Town of Lakewood Village Ordinance 11-1 3 2006 International Fuel Gas Code Page 2 of5 Exhibit "A" Town of Lakewood Village 2006 International Fuel Gas Code The following additions, deletions, and amendments to the 2006 International Fuel Gas Code adopted herein are hereby approved and adopted. Chapter 1. Administration of the 2006 International Fuel Gas Code is amended as follows: Section 102 Applicability of the 2006 International Fuel Gas Code is amended as follows: 102.8 Referenced codes and standards. The codes, when specifically adopted by the Town of Lakewood Village. and standards referenced in this code shall be those that are listed in Chapter 8 and such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFP A 70 or the ICC Electrical Code shall mean the Electrical Code as adopted by the Town of Lakewood Village as it currently exist or may be amended. Where requirements in this code conflict with any requirements of other adopted codes by the Town of Lakewood Village the most stringent requirements shall apply. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and the manufacturer's installation instructions shall apply. Section 106 Permits of the 2006 International Fuel Gas Code is amended as follows: 106.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 90 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 106.4.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced and received a minimum of one approved inspection within 180 days from the date of such permit, or if the work Ordinance 11-13 2006 International Fuel Gas Code Page 3 of 5  authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work recommences, a new permit shall be first obtained and the fee, therefore, shall be ORe half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year. 106.5.2 Fee schedule. The fees for Fuel Gas work shall be as indicated in the Town of Lakewood Village Building Inspections Fee Schedule 106.5.3 Fee refunds. The code official shall authorize the refunding of fees as follows. 1. The full amount of any fee paid hereunder which was erroneously paid or collected. 2. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. Chapter 3 General Regulations of the 2006 International Fuel Gas Code 1s amended as follows: Section 305 Installation ofthe 2006 International Fuel Gas Code is amended as follows: 305.7 Clearances from grade. Equipment and appliances installed at grade level shall be supported on a level concrete slab or other approved material extending above adjoining grade a minimum of 3 inches (76 mm) or shall be suspended a minimum of 6 inches (152 mm) above adjoining grade. Section 306 Access and service space of the 2006 International Fuel Gas Code 1s amended as follows: 306.3 Appliances in attics. Attics containing appliances requiring access shall be provided with an opening and unobstructed passageway large enough to allow removal of the largest appliance. The passageway shall not be less than 30 inches (762 mm) high and 22 inches (559 mm) wide and not more than 20 feet (6096 mm) in length measured along the center line of the passageway from the opening Ordinance 11-13 2006 International Fuel Gas Code Page 4 of5  to the appliance. The passageway shall have continuous unobstructed solid flooring not less than 24 inches (610 mm) wide. A level service space not less than 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present at the front or service side of the appliance. The clear access opening dimensions shall be a minimum of20 inches by 30 inches (508 mm by 762 mm), where such dimensions are large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one of the following: 1. Permanent stairs or ladder fastened to the building. 2. A pull down stair with a minimum 300 lb. rating. 3. An access door from an upper floor. Exceptions: 1. The passageway and level service space are not required where the appliance can be serviced and removed through the required opening. 2. Where the passageway is unobstructed and not less than 6 feet (1829 mm) high and 22 inches (559 mm) wide for its entire length, the passageway shall be not more than 50 feet (15 250 mm) long. Chapter 6 Specific Appliances of the 2006 International Fuel Gas Code is amended as follows: Section 614 Clothes dryer exhaust ofthe 2006 International Fuel Gas Code is amended as follows: 614.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the outlet terminal. The maximum length ofthe duct shall be reduced 21/2 feet (762 mm) for each 45 degree (0.79 rad) bend and 5 feet (1524 mm) for each 90 degree (1.6 rad) bend. The maximum length of the exhaust duct does not include the transition duct. Exception: Where the make and model of the clothes dryer to be installed is known and the manufacturer's installation instructions for such dryer are provided to the code official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer's installation instructions, and provided that a 4 inch by six inch sign red in color with white letters is permanently affixed to the structure stating the following: Warning: Dryer must be approved for vent length not to exceed 40 feet total developed length (TDL). Duct Size: (]nsert Number) Total Developed Length: (Insert Number) End of Exhibit "A" Ordinance 11-13 2006 International Fuel Gas Code Page 5 of5 Exhibit 27 STATE OF TEXAS ) ) CERTlFlCATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the perfo rmance of the functi o ns of my office, that the attached in struments are fu ll , true and correct copies of the Town o f Lake\:vood Village Ordinance 11-1 6. The same appear of record in my o ffi ce and said documents are the officia l records from the pub lic office of the Town Secretary of the Town of Lakewood Vi llage, Denton County, Texas, and are kept in sa id office. r further certify that [ am the Town Secretary of the Town of Lakewood V illage, that I have legal custody of said records, and that Tam a lawfu l possessor and keeper of the records in said office. In witness whereof I have hereun to set my hand and affixed the official seal of The Town of Lakewood Village thi s 16th day of March, 20 14.  TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO.ll-16 AN ORDINANCE TO ADOPT THE 2006 INTERNATIONAL RESIDENTIAL CODE, WITHIN THE TOWN OF LAKEWOOD VILLAGE AND THE TOWN OF LAKEWOOD VILLAGE EXTRATERRITORTIAL JURISDICTION; PROVIDING A SAVINGS/REPEALING CLAUSE, PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Lakewood Village, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Lakewood Village, Texas and the citizens inside the Town of Lakewood Village Extraterritorial Jurisdiction (collectively "Lakewood Village") to adopt the 2006 Edition of the International Residential Code, save and except the deletions and amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body ofthis Ordinance as if fully set forth herein. SECTION 2: Adoption of the 2006 International Residential Code. The International Residential Code, 2006 Edition, copyrighted by the International Code Council, Inc., including Appendix G, J, and K, save and except the deletions and amendments set forth in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby adopted as the Residential code for Lakewood Village, regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with a separate means of egress and related accessory structures in Lakewood Village (the "2006 International Residential Code"). The 2006 International Residential Code is made a part of this Ordinance as if fully set forth herein. SECTION 3: Savings/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 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 therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. Lakewood Village 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 tlus Ordinance. Lakewood Village 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 plu·ases be declared unconstitutional. SECTION 6: Effective Date. This Ordinance shall become effective upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, on tills 8th day of SEPTEMBER, 2011. M~r, Mayor Town of Lakewood Village ATTEST '- '-.. Linda Asbell , Town Secretary Town of Lakewood Village Ordinance 1 t -16 2006 International Residential Code Page 2 of23  Exhibit "A" Town of Lakewood Village Amendments 2006 International Residential Code The Following additions, deletions and amendments to the 2006 International Residential Code adopted herein are herby approved and adopted. Section 1. Chapter 1. Administration of the 2006 International Residential Code is amended as follows: Section Rl02 Applicability of the 2006 International Residential Code is amended as follows: Rl02.4 Referenced codes and standards. The codes, when specifically adopted by the Town of Lakewood Village, and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. Any reference made to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. Where requirements in this code conflict with any requirements of other adopted codes by the Town of Lakewood Village the most stringent requirements shall apply. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer's instructions shall apply. Section R105 Permits ofthe 2006lntemational Residential Code is amended as follows: R105.2 Work exempt from permit. Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 250 square feet. 2. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 3. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1. Ordinance 11-16 2006 International Residential Code Page 3 of23  4. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 5. Prefabricated swimming pools that are less than 24 inches (610 mm) deep. 6. Swings and other playground equipment. 7. Window awnings supported by an exterior wall which do not project more than 54 inches (13 72 mm) from the exterior wall and do not require additional support. Section 105, PERMIT APPLICATION A. A residential permit application consist of five (5) forms, which must be completed and signed by the Contractor and his or her registered mechanical, electrical, and plumbing contractors. These forms are the mechanical permit, electrical permit, plumbing permit, concrete permit, and application for building permit forms. B. Detailed and accurate descriptions are required regarding the addresses and legal description of the subject property including Lot, Block and complete subdivision name with correct phase. C. All contractors are required to be registered with the town and must have such approved registration on file before any permit will be issued. R105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned -l-8G 90 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. R105.5 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work recommences, a new permit shall be first obtained and the fee, therefore, shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year. Section R106 Construction Documents of the 2006 International Residential Code is amended as follows: R106.1 Submittal documents. Construction documents, special inspection and structural observation programs and other data shall be submitted in one or more Ordinance 11-16 2006 International Residential Code Page 4 of23  sets with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Foundation plans shall be submitted with each application and shall be sight specific. These plans shall be designed by an engineer licensed by the State of Texas and shall bear that engineers seal. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code. Section lA. NEW CONSTRUCTION REQUIREMENTS A. Temporary buildings or structures such as reviewing stand and other miscellaneous structures, sheds, canopies, or fences used for the protection of the public around and in conjunction with construction work may be erected only by special permit for a limited period of time to be designated in said permit; provided, however, that no portable or moveable trailer or similar building or structure shall be permitted during any period of construction. B. Temporary buildings or structures need not comply with the type of construction or fire resistive time periods required by this code. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in this permit with all surface area restored to its natural state. C. Portable toilets shall be provided at all construction job sites for which a building permit is required by this code. D. All Contractors will comply with the town's construction site refuse control program as outlined here. All residential and/or commercial construction sites shall be responsible for providing at a minimum, one 20-yard open top roll-off bulk trash container for construction debris and refuse, or a temporary refuse containment structure with minimum dimensions of 8' L x 8' W x 4' H made of 1" exterior plywood secured tightly on all four comers and to the ground in some manner. The container should have a hinged drop down or swing gate on one side for debris removal access. The contractor will also provide a temporary removable top cover either of exterior plywood and or a heavy tarp for either type of debris storage receptacle to prevent flying debris from possible windy or stormy conditions, etc. If a roll-off trash receptacle is used it must be obtained from the waste company that is currently under contract with the Town of Lakewood Village. Contractors are required to keep construction sites free and clear oftrash at Ordinance 11-16 2006 International Residential Code Page 5 of23 all times including no overflowing trash receptacles. The town administrative staff and designated building inspector reserve the right to perform unannounced spot inspections. If the construction site is found in violation of this ordinance then the construction site will be RED TAGGED and an IMMEDIATE Stop Work Order will be issued with possible suspension of any registration. Once Red Tagged, the contractor will need to take corrective action to bring the work site to an acceptable condition and when compliance is obtained, the Red Tag will be lifted and construction activities may be resumed. E. Effective erosion control is required prior to any construction activity and will include the installation of an adequate and repositionable silt fence which should run along the property lot's inside border boundary above and adjacent to the drainage ditch area and the public roadway. The silt fence will be constructed in a practical manner with the necessary openings so as to allow easy entry and exit from the roadway to the property construction site for all necessary construction equipment and machinery. F. It is the responsibility of the Contractor to place the proper size culvert on the lot to gain access to the lot prior to any construction. Upon completion of construction the culverts ends must be in concrete and the culvert must continue the direction of the flow of drainage. All culvert sizes are obtained through the Town. G. A Contractor is prohibited from benching the lot, or preparation of the lot prior to obtaining permit approval. H. It is the responsibility of the Contractors to keep a copy of all approved plans on the construction site at all times. They must be placed in a water tight container. All paperwork due to the inspector for inspection purposes and in compliance with this ordinance must be placed within this container. The replacement of any lost or stolen permits will be at a cost of $10.00 per occurrence. Section lB. EXISTING CONSTRUCTION I REPAIRS I REMODELING REQUIREMENTS A. All remodels and repairs for buildings over 200 square feet, inspections are required only as they apply to the permitted improvements, applicable building codes and Town ordinances. B. All new construction foundation plans are to be drawn and sealed by an Engineer licensed by the State of Texas. C. An application for flatwork must be submitted to the Town for approval. Flatwork must follow all other flatwork requirements within this ordinance. D. Erosion control is required prior to any construction and must be maintained throughout construction completion. Ordinance 11-16 2006 International Residential Code Page 6 of23 E. All remodels, repairs, alterations, must have two (2) copies of the plot plans turned into the Town showing the actual dimensions and shape of the lot to be built upon or altered, the exact sizes and locations on the lot of any already existing buildings, and the location and dimensions of the proposed building or alteration. F. Two copies of the existing house plans prior to any alterations, remodels or repair must be turned in prior to approval of the permit. Section lC. SECTION 106, BUILDING PLAN PACKET SUBMISSION Along with the permit application forms set forth above, the following documents are required prior to any approval being granted in the quantity and detail as specified: A. Two (2) plot plans containing lot dimensions, plan footprint, set-backs (front, rear and sides) complete address, lot and block, subdivision and phase, utility and easement locations, engineers and contractors names, finish pad elevations, finish floor elevations, topographical elevations, driveways, sidewalks, fence locations, lot area, slab area, and coverage percent. All drawings provided must be to scale. B. Two (2) foundation designs (11" x 17" drawing and engineer letters) one of which must have an original signature and stamp. C. Three (3) complete bound sets of construction drawings. Town Copy must be 11" x 17" or application will be automatically rejected without further action or notification by any Town Official. Plans must include elevations, framing details, including soffit overhang details, masonry percentage calculations, square foot calculations, electrical load calculations, electrical panel size, electrical panel location, mechanical specifications, foundation design letter must be address specific. All plans must be drawn by a state licensed architect and must be drawn to scale. D. Two (2) sets of drainage plans must be provided. Town copy must be 11" x 17" drawn to scale, showing the actual dimensions and shape of the lot to be built upon. The drainage plans must show sea level elevations and all flatwork drawn to scale. E. Floor plans, elevations, framing, roof plan, electrical and "to be built options" must be clearly shown and detailed. Single sheet submittals are not acceptable. HV AC and Plumbing design drawings are also required. Options reflecting additional buildable space must be identified by the actual square footage area and included in the permit values for total air-conditioned area and or construction area under roof. Ordinance 11-16 2006 International Residential Code Page 7 of23 F. Elevation drawings must clearly state that the structure meets the exterior requirements set forth below in Section 11 by the Town of Lakewood Village, or provide masonry calculations (i.e. Front%+ Right%+ Left%+ Rear%= total masonry%) G. All drawings must be legible and show proper square footage for air-conditioned and total building areas. H. One (1) Energy analysis (i.e.; IC3, ResCheck or Energy-Star) shall be provided by a certified professional. I. All third party rater information and documentation must be submitted if an Energy Star Home is being constructed or modified. J. Mechanical Air Flow Calculations shall be provided and must be on the mechanical contractors letterhead Section R108 Fees of the 2006 International Residential Code is amended as follows: R108.6 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a Penalty of 100% of the usual permit fee in addition to the required permit fees. Section lD. REQUIREMENTS A. Water/Sewer Taps- A licensed plumber that is registered with the Town shall perform all work connecting to the Town utilities. B. All sprinkler permits are required to have a final inspection accompanied by a Backflow Prevention Report Form and a Customer Service Inspection Letter. These forms can be obtained from the office of the Town Secretary. C. In the construction, maintenance, or repair of any building or structure within the Town or the ETJ, for which a building permit is required by the current building codes, no person shall perform any electrical, plumbing, mechanical, fencing, backflow, concrete, third party inspections, irrigation, or roofing unless and until such time as that person is registered with the Town to perform such work. Section IE. LICENSING AND REGISTRATION REQUIREMENTS Ordinance 11-16 2006 International Residential Code Page 8 of23 A. No person shall engage in the business of construction of new buildings or structures, or make any repairs, alterations, or changes to an existing building or structure, unless that person is registered as a Contractor by the Town. Provided however that (i) no license shall be required for work on any building or structure for which a building permit is not required by this code and (ii) persons who occupy and reside within any property as their home shall not be required to obtain a license or register with the Town when performing work on their home. B. All Contractors must register with the Town of Lakewood Village before applying for permits or performing any work. A master or contractor license in the specific trade is required to register as a Contractor. All licensed Journeymen working for the Contractor shall be listed on the contractor registration form. All work shall be supervised by a licensed individual, A licensed residential wireman may supervise one helper or apprentice. Any work discovered being performed without the required licensed personnel shall be conspicuously identified to prevent reuse and shall be removed. In addition to a citizen complaint, multiple violations of licensure requirements may result in suspension of a Contractors' registration. Any individuals found performing work without the required registration shall be required to leave the jobsite. A Contractor is defined as set forth above in Section 2. All registrations will expire on December 30th of each year. The General Contractor must carry insurance that covers all subcontractors and the projects they are actively working on under the General Contractor. In the event there is not a General Contractor, each subcontractor is required to supply the Town with a copy of their liability insurance with a minimum $100,000.00 policy coverage for each project. It will be the responsibility of the registered individuals to ensure that this process is complete before permits will be issued and any work in the specific trade is commenced. The Town reserves the right to deny or revoke any contractor registration if there are justifiable reasons or violations as determined by the Town. C. The following Contractors disciplines must follow the applicable registration process. GENERAL CONTRACTORS, BUILDER REGISTRANTS: 1. Contractor registration filled out completely. 2. A valid State of Texas driver's license or photo I.D. card. 3. A valid certificate of liability insurance or bond in an amount no less than $1,000,000.00 kept in force for the duration of the project. Each project is required to have its own policy. ELECTRICAL REGISTRANTS: 1. Contractor registration filled out completely. 2. A valid Masters license is required at the time of registration and for the duration of the project. Ordinance 11-16 2006 International Residential Code Page 9 of23 3. A valid State of Texas driver's license or photo I.D. card. 4. All Journeyman and or Wireman performing work must be registered and posses a current license at the time of registration and for the duration of the project. 5. A list of additional persons authorized to sign applications and pick up approved permits for your company. 6. Proof of insurance as set forth in Section 8 (B) above. PLUMBING REGISTRANT: 1. Contractor registration application filled out completely. 2. A valid Masters license is required at the time of registration and for the duration of the project. 3. A valid State of Texas driver's license or photo I.D. card. 4. All journeyman, tradesman, and apprentices performing work must be registered and possess a current license at the time of registration and for the duration of the project. 5. A list of additional persons authorized to sign applications and pick up approved permits for your company. 6. Proof of insurance as set forth in Section 8 (B) above. MECHANICAL REGISTRANT: 1. Contractor registration application filled out completely. 2. A valid Masters license is required at the time of registration and for the duration of the project. 3. A valid State of Texas driver's license or photo I.D. card. 4. A list of additional persons authorized to sign and pick up approved permits for your company. 5. Proof of insurance as set forth in Section 8 (B) above. IRRIGATION REGISTRANT: 1. Contractor registration application filled out completely. 2. A valid Irrigation license is required at the time of registration and for the duration of the project. Ordinance 11-16 2006 International Residential Code Page 10 of23 3. A valid State of Texas driver's license or photo I.D. card. 4. A list of additional persons authorized to sign applications and pick up approved permits for your company. 5. Proof of insurance as set forth in Section 8 (B) above. BACKFLOW TESTER REGISTRANTS: 1. Contractor registration application filled out completely. 2. A valid Back:flow Testers License is required at the time of registration at the time of registration and for the duration of the project. 3. A valid State of Texas driver's license or photo I.D. card. 4. Proof of insurance as set forth in Section 8 (B) above. SIGN CONTRACTOR REGISTRANT: 1. Contractor registrant application filled out completely. 2. A valid State of Texas driver's license or photo I.D. card. 3. A list of additional persons authorized to sign applications and pick up approved permits for your company. 4. Proof of insurance as set forth in Section 8 (B) above. THIRD PARTY INSPECTOR REGISTRANT: 1. Contractor registration application form filled out completely. 2. A valid State of Texas driver's license or photo I.D. card. 3. A list of qualified persons authorized to perform inspections. 4. Proof of certification 5. Proofofinsurance as set forth in Section 8 (B) above. ROOFING REGISTRANT: 1. Contractor registration application filled out completely. 2. Valid State of Texas drivers license or photo I. D. card. 3. Proof of insurance as set forth in Section 8 (B) above. Ordinance 11-16 2006 International Residential Code Page 11 of23 CONCRETE REGISTRANT: 1. Contractor registration application filled out completely. 2. A valid State of Texas driver's license or photo I.D. card. 3. Proof of insurance as set forth in Section 8 (B) above. FENCE I SCREENING WALL REGISTRANT: 1. Contractor registration application filled out completely. 2. A valid State of Texas driver's license or photo I.D. card. 3. Proof of insurance as set forth in Section 8 (B) above. D. Any registered Contractor that fails to maintain compliance with any provisions of this section shall cease all work being performed at the time the Contractor is no longer in compliance. Section 109 Inspections A. Request for Inspections B. Building permits will include inspections performed during the following construction stages: 1. T-Pole 2. Plumbing Rough, includes water and sewer tap (form board surveys due at this time on site) 3. Pier and Beam - shall be inspected by the engineer and an approval letter shall be provided to the building official. 4. Foundation 5. Frame 6. Mechanical Rough 7. Electrical Rough 8. Rough Gas 9. Plumbing Top Out 10. 4 foot brick tie inspection and/or Stucco inspection 11. Drywall Ordinance 11-16 2006 International Residential Code Page 12 of23 12. Electrical/Gas Meter Release 13. Flatwork 14. 100% Final · All Third party insulation inspections reports are due prior to the electrical/gas meter release. · At the time of the scheduled pour, and prior to driving to the location ofthe pour, the Contractor will be responsible for turning in all weight tickets to the Town. · Termite letter, Customer Service Inspection letter, and the Final Grade survey is due on site at the 100% Final Inspection. · Piers must be inspected by an independent contractor. A copy of the inspection must be supplied to the Town prior to calling in the next inspection. E. All Sprinkler Contractors must have the Backflow Prevention Form filed with the Town of Lakewood Village prior to hooking the system up to the water supply. F. All inspections must be performed during daylight hours Section lF. A. Upon completion of construction, no one may occupy or move any objects into or onto the property of new construction until a Certificate of Occupancy (1 00 % Final) inspection has been performed and passed by an official of the Town. Violation of this requirement will result in all utilities being disconnected until such time as a Certificate of Occupancy has been issued after all the proper inspections have been performed. B. Secondary structures will be permitted as new construction with minimum square footage requirements waived as long as secondary structure is contained within the property lines of the primary residence lot(s) and required set backs are met. Any secondary structure built on any adjacent lot must conform to the minimum square footage requirements of that section as stated in the current zoning ordinance as amended or revised unless both lots are re-platted as a single lot and said plat is filed on record with Denton County, Texas. Proper proof of filing with Denton County, Texas must be provided to the Town at the time the building permit is sought. C. All new building construction will have a garage with the following requirements: 1. There shall be no front-facing garages on any new construction. Where the configuration of the ground is such that conformity with this provision of this ordinance would work a hardship, the Town Council may permit a variance. 2. There shall be a garage size requirement on all new construction of a minimum of 25 feet in width and 22 feet in depth. Where the configuration of the ground is such that conformity with Ordinance 11-16 2006 International Residential Code Page 13 of23 this provision of this ordinance would work a hardship, the Town Council may permit a variance. Section lG. A. A form survey will be completed at the time that the forms are in position before the concrete is poured to ensure that the location of the slab is in compliance with all town ordinances. A copy of the form survey will be submitted to the Town. B. Height. There shall be no buildings, residential or commercial, that exceed 2 ~stories Any exceptions are outlined in the Zoning Ordinance 83-01A, as amended or revised. C. The exterior facades of a main building or structure, excluding glass windows and doors shall be constructed of eighty (80) percent masonry requirement on all new construction for anything over 200 square feet or greater. Cementatious fiber board shall not be considered masonry; cementatious fiber board may be used to replace existing siding on existing structures, with pre- approval of the Building Official. Cementatious fiber board may also be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, or other architectural features approved by the Building Official. D. Wood roof shingles are prohibited. E. The use of Stucco, various types of stucco and installation procedures must have prior approval from the Building Official. If approved, the builder must provide the installer's certification and certificate for the Town's files. Only true three coat stuccoing will be considered. Additional inspections are required at, hath, scratch coat, and brown coat. F. Exterior Insulation Finish System (EIFS) shall not be permitted on any construction. G. Construction work times shall begin no earlier than 7:00a.m. and shall end no later than 7:00 p.m. H. All roof pitches shall have a minimum of four (4) inches over twelve (12) inches. I. The Town will grant approval to initiate electrical service for permanent or temporary use. J. All new construction shall have gutters installed in accordance to the submitted drainage plan with the minimum of the entire front ofhouse, all exits, and above all air-conditioning units. K. It is also the responsibility of the Contractor to ensure the grading of the ditches or easements continue the flow of drainage prior to receiving the 100% Final Inspection. Lot to lot drainage is not allowed. Section lH. Ordinance 11-16 2006 International Residential Code Page 14 of23 VARIANCES and BOARD OF APPEALS A. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of this Ordinance, there shall be and is hereby created a Board of Appeals. The Town Council of the Town of Lakewood Village, Texas shall serve as the Board of Appeals. The Building Official shall be an ex-officio member of and shall act as secretary to the Board but shall have no vote on any matter before the Board. The Board shall adopt the rules of procedure for conducting its business, and shall render all decisions and finding in writing to the appellant with a duplicate copy to the Building Official. 1. The powers ofthe Board shall be as follows: a. To hear appeals from decisions of the Building Official b. To hear requests for the use of a material or method of construction not prescribed or authorized by this code, and to authorize the use when, in the Board's judgment, the material or method of construction is at least equivalent to that prescribed; and c. To grant or deny variance requests B. Variance Requests 1. Variances will be considered only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the building and zoning ordinances would cause an undue hardship. Financial considerations are not relevant and will not be considered in the request. 2. A variance which would have a detrimental effect on public health and/or safety will not be considered. 3. Variances for self imposed hardships will not be considered. 4. Approved variances expire 180 days following the approval. Section 2. Chapter 2. DEFINITIONS of the 2006 International Residential Code The Town- shall mean the Town of Lakewood Village Ordinance 11-16 2006 International Residential Code Page 15 of23 Contractor - shall mean any person, firm, corporation, or other entity that is hired by a homeowner or landowner to perform any new construction, remodel, or repair on said homeowner or landowner's real property. Erosion Control- the containment of all dirt, soils, sand, fill or grass, in such a manner, to prevent said materials from encroaching onto adjacent properties, town easements, drainage culverts, or utility placements ETJ- shall mean the Extraterritorial Jurisdiction ofthe Town of Lakewood Village Masonry - shall be defined as brick, concrete hollow clay tile, concrete block, natural stone, or any combination of these materials that are laid up by unit and set in mortar. Construction Site Refuse Control- the containment of and weekly or monthly removal ofboth construction and laborer refuse to prevent said materials from encroaching onto adjacent homeowner properties, town easements, drainage ditches and culverts, and should be in compliance with OSHA and local codes. Section 3. Chapter 3. Building Planning of the 2006 International Residential Code 1s amended as follows: Section 309 Garages and Carports of the 2006 International Residential Code 1s amended as follows: Section 309 Carports shall not be allowed in Lakewood Village. R309.1 Opening protection. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Other openings between the garage and residence shall be equipped with a self closing, tight fitting solid wood doors not less than 13/8 inches (35 mm) in thickness, solid or honeycomb core steel doors not less than 13/8 inches (35 mm) thick, or 20-minute fire-rated doors. R309.1.1 Duct penetration. Ducts in the garage and ducts penetrating the walls or ceilings separating the dwelling from the garage shall be constructed of a minimum No. 26 gage (0.48 mm) sheet steel or other approved material and shall have no openings into the garage. R309.1.2 Other penetrations. Penetrations through the separation required in Section R309.2 shall be protected by filling the opening around the penetrating item with approved material to resist the free passage of flame and products of combustion. R309.1.3 Access Openings. Access openings in the separation required by R309.2 shall have a tight fitting, non-combustible and latching cover. Ordinance 11-16 2006 International Residential Code Page 16 of23  R309.2 Separation required. The garage shall be separated from the residence and its attic area by not less than 5/8-inch (15.9 mm) gypsum board applied to the garage side. Garages beneath habitable rooms shall be separated from all habitable rooms above by not less than 5/8-inch (15.9 mm) Type X gypsum board or equivalent. Where the separation is a floor-ceiling assembly, the structure supporting the separation shall also be protected by not less than 5/8 inch (15.9 mm) gypsum board or equivalent. Garages located less than 5 feet (1524 mm) from a dwelling unit on the same lot shall be protected with not less than 5/8-inch (15.9 mm) gypsum board applied to the interior side of exterior walls that are within this area. Openings in these walls shall be regulated by Section R309.1. This provision does not apply to garage walls that are perpendicular to the adjacent dwelling unit wall. Section 313 Smoke Alarms of the 2006 International Residential Code is added as follows: R313.4 Carbon Monoxide Detector. A carbon monoxide detector shall be installed for each 1,000 square feet (305 m2 ) of living area. Carbon monoxide detectors shall be placed adjacent to openings in enclosures for fuel burning appliances, at least one location per floor level and at garage entrances, Power source shall be same as required by section R313 .3 for smoke detectors. Section 319 Site Address of the 2006 International Residential Code is amended as follows: A. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting property. Said numbers shall contrast with their background, and shall comply with the following provisions, as applicable: 1. Residential occupancies shall have numbers a minimum of six (6) inches in height and be in a contrasting color to the background; 2. Duplexes shall have street and/or building numbers a minimum of eight (8) inches in height. When deemed necessary by the Town the street and/or building numbers may be required to be of a larger size for immediate and visible identification; 3. If the structure is more than two hundred (200) feet from a public street, the address shall alse appear at the front or main entry to the property with numbers a minimum of six (6) inches in height. Ordinance 11-16 2006 International Residential Code Page 17 of23 4. When deemed necessary by the Town street or building numbers may be required on more than one side of the structure or property; 5. Building and/or street numbers shall be located in an area and lighted in a manner that will make them immediately discernible as approved by the Town. Section 4. Chapter 4. Foundations of the 2006 International Residential Code is amended as follows: Section 403 Footings of the 2006 International Residential Code is amended as follows: R403.1.8 Foundations on expansive soils. Foundation and floor slabs for buildings located on expansive soils shall be designed in accordance with Section 1805.8 of the International Building Code, the American Society of Civil Engineers Texas Section Recommended Practice for the Design of Residential Foundations Version 1 as it currently exists or may be amended, or other accepted industry standards that may be acceptable to the Building Official. All foundations shall be designed by a registered Professional Engineer in the State of Texas and all drawings and documentation must be signed and sealed. Documentation shall include: 1. Design letter referencing soils report number, date of report, soils, and engineer name; specific location including lot, block, and subdivision; specific design criteria including soil bearing capacity, plasticity index, and potential vertical rise. The Engineer shall also approve a concrete mix design with performance criteria based on soils and seasonal conditions. 2. Signed and sealed drawings clearly indicating strand and reinforcement placement, pier size, depth, location, and reinforcing, beam size and location, and special details. Design calculations must be included. One ledger size copy of plans and calculations will be included in the permanent permit file for each project. 3. Design engineer must perform a pre-pour inspection and provide the Building Official with signed and sealed document stating that the foundation has been inspected and approved. This inspection must take place prior to requesting a foundation inspection from the Building Official. The engineer shall be present during placement of concrete to verify concrete mix design and seasonal conditions during placement, and verify tensioning and elongation of cables. 4. Rough grading of lot after form removal to maintain drainage away from foundation during the construction process. Ordinance 11-16 2006 International Residential Code Page 18 of23  5. Prior to recetvmg a Certificate of Occupancy, a final survey indicating final grade elevations and verifying positive drainage away from the foundation, and evidence from the homeowner that they have received a copy of foundation maintenance instructions must be submitted to the Building Official. 6. The Engineer must provide to the Building Official a letter of Final Acceptance stating that the foundation has been placed in compliance with the design prior to the issuance of a Certificate of Occupancy. 7. Anchorage shall be installed before foundation is approved for pouring, per Section 403.1.6 R403.1.7.3 Foundation elevation of the 2006 International Residential Code is amended as follows: No cross lot drainage shall be allowed. Section 4A. Driveways 1. All new building construction will have a driveway. The pouring requirements are as follows: a. The Contractor shall notify the Town of when they are scheduled to pour within 48-hours prior to pouring. b. No concrete will be poured before 7:00 a.m. c. At the time of the scheduled pour, and prior to driving to the location of the pour, the Contractor and concrete registrant will be responsible for turning in all weight tickets to the Town. d. As per Weight Ordinance No. 98-09 Section 3 (C) as amended or revised, the gross weight limit on Town streets for a ready-mix concrete truck shall be58,420 lbs. e. The minimum thickness of four inches and minimum compression strength shall be 3000 psi at 28 days. f. Driveways shall be a minimum of 10 foot wide, in Town Section 5 driveways shall be a minimum of 12 foot wide. g. 3/8 inch rebar with no greater than 16 inch centers is required on all drivewayconstruction. Re-bar placement must be inspected 48-hours prior to the pouring of concrete. h. All driveways must properly tie into the street. The Contractor is responsiblefor any road damage that may occur during the construction of the permitted project. All roads must be restored at least to their original condition prior to receiving their 100% final inspection. It shall be unlawful for any person, firm, or corporation or other legal entity to erect, construct, enlarge, alter, repair, move, improve, convert, or demolish any flatwork or driveway or cause to permit the same to be done in violation of this ordinance. j. A driveway permit that would place the water meter, water valve and meter Ordinance 11-16 2006 International Residential Code Page 19 of23  box in the driveway shall provide, as a condition of said permit, for the removal of the water meter, water valve, and meter box out of the driveway, at the home and/or land owners expense. Replacement of the water meter, water valve, and meter box shall be in a manner were the meter can be serviced with an additional inspection on the plumbing performed by the Building Official at an additional cost of $75.00. A licensed plumber who is registered to work in the Town of Lakewood Village shall perform the replacement of the water meter, water valve, and meter box. Section 5. Chapter 13. General Mechanical System Requirements of the 2006 International Residential Code is amended as follows: Section 1305 Appliances Access of the 2006 International Residential Code is amended as follows: M1305.1.3 Appliances in attics. Attics containing appliances requiring access shall have with an opening and a clear and unobstructed passageway large enough to allow removal of the largest appliance, but not less than 30 inches (762 mm) high and 22 inches (559 mm) wide and not more than 20 feet (6096 mm) long when measured along the centerline of the passageway from the opening to the appliance. The passageway shall have continuous unobstructed solid flooring in accordance with Chapter 5 not less than 24 inches (610 mm) wide. A level service space at least 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present along all sides of the appliance where access is required. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm) by 762 mm), where such dimensions are large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one of the following: 1. A permanent stair. 2. A pull down stair with a minimum 300 lb. rating. 3. An access door from an upper floor. Exceptions: 1. The passageway and level service space are not required where the appliance can be serviced and removed through the required opening. 2. Where the passageway is unobstructed and not less than 6 feet (1829 mm) high and 22 inches (559 mm) wide for its entire length, the passageway shall be not more than 50 feet (15 250 mm) long. M1305.1.4.1 Ground clearance. Appliances supported from the ground shall be level and firmly supported on a concrete slab extending above the adjoining ground a minimum of 3 inches (76mm). Appliances suspended from the floor shall have a clearance of not less than 6 inches (152 mm) from the ground. Ordinance 11-16 2006 International Residential Code Page 20 of23 Section 6. Chapter 15. Exhaust Systems of the 2006 International Residential Code is amended as follows: Section 1502 Clothes Dryer Exhaust of the 2006 International Residential Code is amended as follows: M1502.3 Duct size. The diameter of the exhaust duct shall be as required by the clothes dryer's listing and the manufacturer's Installation instructions. Duct size shall be at least the diameter of the appliance outlet and shall be a minimum · nominal size of 4" (102mm) in diameter. The size duct shall not be reduced along its developed length nor at the point of termination. M1502.6 Duct length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the wall or roof termination. The maximum length of the duct shall be reduced 2.5 feet (762 mm) for each 45-degree (0.8 rad) bend and 5 feet (1524 mm) for each 90-degree (1.6 rad) bend. The maximum length of the exhaust duct does not include the transition duct. Exceptions: Where the make and model of the clothes dryer to be installed is known and the manufacturer's installation instructions for the dryer are provided to the building official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer's installation instructions, and provided that a 4 inch by 6 inch sign red in color with white letters is permanently affixed to the structure stating the following: Warning: Dryer must be approved for vent length not to exceed 40 feet total developed length (TDL.) Duct Size: (Number) Total Developed Length: (Number) Chapter 24. Fuel Gas ofthe 2006 International Residential Code is amended as follows: Section 2439 Clothes Dryer Exhaust of the 2006 International Residential Code is amended as follows: G2439.5.1 Maximum Length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the wall or roof termination. The maximum length of the duct shall be reduced 2.5 feet (762 mm) for each 45-degree (0.8 rad) bend and 5 feet (1524 mm) for each 90-degree (1.6 rad) bend. The maximum length of the exhaust duct does not include the transition duct. Ordinance 11-16 2006 International Residential Code Page 21 of23  Exceptions: Where the make and model of the clothes dryer to be installed is known and the manufacturer's installation instructions for the dryer are provided to the building official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer's installation instructions, and provided that a 4 inch by 6 inch sign red in color with white letters is permanently affixed to the structure stating the following: Warning: Dryer must be approved for vent length not to exceed 40 feet total developed length (TDL.) Duct Size: (Number) Total Developed Length: (Number) Section 7. Chapter 31. Vents of the 2006 International Residential Code is amended as follows: Section 3114 Air admittance Valves of the 2006 International Residential Code is amended as follows: P3114.3 Where permitted. Individual vents, branch vents, circuit vents, and stack vents may be permitted to terminate with a connection to an air admittance valve. Air admittance valves shall only be installed with the prior written approval of the Building Official. Section 8. Chapter 33. General Requirements of the 2006 International Residential Code is amended as follows: Section 3306 Electrical conductors and Connections of the 2006 International Residential Code is amended as follows: E3306.2 Conductor material. Conductors used to conduct current shall be of copper as provided in Chapters 33 through 42. Where the conductor material is not specified, the material and the sizes given in these chapters shall apply to copper conductors. Where other materials are used, the conductor sizes shall be changed accordingly. E3306.3 Minimum size of conductors. The minimum size of conductors for feeders and branch circuits shall be 12 AWG copper. The minimum size of service conductors shall be as specified in Chapter 35. The minimum size of class 2 remote control, signaling and power-limited circuits conductors shall be as specified in Chapter 42. Chapter 35. Services of the 2006 International Residential Code is amended as follows: Ordinance 11-16 2006 International Residential Code Page 22 of23  Section 3501 General Services of the 2006 International Residential Code is amended as follows: E3501.2 Number of services. One-and two-family dwellings or Property zoned single family (SF) or Two Family (2F) district(s) shall be supplied by only one service. Additional service for an accessory use(s) shall only be installed with the prior approval of the Building Official. Chapter 36. Branch Circuit Feeder Requirements of the 2006 International Residential Code is amended as follows: Section 3602 Branch Circuit Ratings of the 2006 International Residential Code is amended as follows: E3602.5 Branch circuits serving multiple loads or outlets. General-purpose branch circuits shall supply lighting outlets, appliances, equipment or receptacle outlets, and combinations of such. The rating of a fastened-in-place appliance or equipment, where used in combination on the same branch circuit with light fixtures, receptacles, and/or other appliances or equipment not fastened in place, shall not exceed 50 percent of the branch-circuit rating. Multi-outlet branch circuits serving lighting or receptacles shall be limited to a maximum branch- circuit rating of 20 amperes. The maximum number of outlets connected to general purpose branch circuits shall be ten (1 0) for 15-amp circuits, and thirteen (13) for 20-amp circuits. End of Exhibit "A" Ordinance 11-16 2006 International Residential Code Page 23 of23 Exhibit 28 STATE OF TEXAS ) ) CERTIFI CATE TO COI)Y OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance or the fun ctions o f my office, that the attached instru ment is a full , true and correct co py of the Town of Lakewood Village Ordinance 13-07. The same appea r of record in my orficc and said doc uments are the offi cial records from the public office o l' the Town Secretary of the Town of Lakewood Vi llage. Denton County. Texas. and arc kept in said office. I further cert ify that I am the Town Secretary of the Town of Lakewood Vi llage. that I have legal custody of said records. and that 1 am a lawfu l possessor and keeper of the records in said offi ce. In witness whereof I have hereun to set my hand and affixed the official seal of The Town of Lakewood Vi ll age this 19th day of March, 20 14. ~o~boQQ Lin a Asbe ll. TR!vlC. Town Secretary Town of Lakewood Vi ll age Denton County StaLe oi'Tcxas  TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 13-07 AN ORDINANCE OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, REGULATING SUBDIVISIONS AND OTHER PROPERTY DEVELOPMENTS, PROVIDING FOR PRELIMINARY PLATS, FINAL PLATS, MINOR PLATS, VACATION OF PLATS, REJlLATS AND AMENDMENT OF PLATS; PROVIDING FOR DEVELOPMENT PROCESS; PROVIDING FOR STANDARDS AND REQUIREMENTS; PROVIDING FOR STREETS AND DRAINAGE, WATER AND SEWER INFRASTRUCTURE; EXTENDING REGULATIONS TO THE TOWN'S EXTRA TERRITORIAL JURISDICTION; PROVIDING SEVERABILITY CLAUSE; PROVIDING SA VTNGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURJNG OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council (''Town Co uncil") desires to amend Ordinance 08-06 and all other ordinances regard ing the Town' s rules and regulations for subdivi sions and property development as authorized by C hapter 2 12, Texas Local Government Code, as amended; and WHEREAS, the Town Council (" Town Council") desires to review for approval or disapproval plan. plats, and replats filed with the Town as authori zed by Chapter 2 12, Tex. Loc. Gov. Code (Vernon), as amended; and WHEREAS, the Town Co unci l finds that there is a public necessity req uiring adoption of this Ordinance, said public necessity being the need to establ ish rules and regulations for subdivisions and property development and extend such rules and regulations to the extrateiTitorial jurisdiction of the Town (''ETJ") to protect the public health, welfare and safety of the citizens of the Town and the ETJ; and WHEREAS, the Town Council is authorized and empowered to or require the developer to (i) design, install or improve streets, roads, water and a sanitary sewer systems within the Town by constructing, extendi ng, or enlarging such system, and is further authorized to adopt any rules and regulations appropriate to the exercise of such powers, and to (ii) protect the publi c health. welfare and safety of the citizens of the Town; and WHEREAS, the Town Co uncil has conducted a publi c hearing on the application of the Town 's regulations for subdivisions and property development to its ETL and the Town Council finds and determines that a ll required notices and hearings in this regard have been given and that the meeting at which the public hearing has been held and at which this ordinance is being adopted were open to the publi c and conducted according to applicable law; and Ordinance 13-07 Subdivision Regulations Page I of24  WHEREAS, the Town Counci l is authorized and empowered to appl y the Town ' s regulations for subdivisions and property development to its ETJ pursuant to Section 2 12 .003 of the Texas Local Government Code; and WHEREAS, the Town Council hereby finds that the adoption o flhi s Ordinance is in the best interests ofthe health, safety and welfare of the citizens of the Town . NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS: ARTICLE I. IN GENERAL Sec. I . Findings Incorporated. The findings set forth above are inco rporated into the body of this ord inance as if fully set f01th herein. Sec. 2. Short title. T he following regu lations are hereby adopted and shall be known a nd may be cited as "Town of Lakewood Village Subdivision and Pro perty Developmen t Regula tions:· Sec. 3. Definitions. The followi ng words, terms, and phrases, w hen used in this chapter, shall have the mean ing ascribed to them in this section, except where the contex t clearl y indicates a different meaning. Words not specifically defined shall have the meanings given in Webster's Ninth New Collegiate Dictionary. as revised. Access01y structure or building shall mean a subordinate structure or bui lding customari ly incident to and located on the sa me lot occupied by the ma in structure or building. Applicant shall mean the owncr(s) of the property to be developed. Bond shall mean any fo rm o f security, including a cash deposit. surety bo nd, or instrument of credi t in an amount and form approved by the Town. Building shall mean any structure designed o r built for the support. enclosure, shelter or pro tection of persons, ani ma ls, chatte l o r pro perty of any kind. T01vn means To v.rn of La kewood Vill age. Town Council means Town Counc il o f the Town of Lakewood Village. Town standards· shall mean those standards and speci fications. together with all tables. Ordinance 13-07 Subdivision Regulations Page 2 of24 charts, graphs, drawings and other attacltmcnts hereinafter approved and adopted by the Town Council. which may be amended fTom time to time, and are admini stered by the Town staff for the construction and installation of streets. sidewalks, drainage fac ilities, water and sanjtary sewer mains and any other pub lic faci lities. All such faci lities which are to become the property of Lhe Town upon completion must be constructed in conformance with these standards. Construction plans shall mean the maps. drawings and technical specifications, including bid documents and contract conditions, where applicable, which provide a graphi c and written description of the character and scope or the work to be performed prepared for approval by the Tovm for construction. Cross drainage shall mean a defined waterway course, approximately perpendi cular to the proposed roadway. which requires the construction of a bridge, pipes or box culvert, or other structure to conduct drainage under the roadway. Developer shall mean any person. corporation, governmental or other legal entity engaged in the development of property by improvin g a tract or parcel of land fo r any use. The term "developer'' is intended to include the tern1 ·'subd ivider. '" Development shall mean the construction of one (I) or more new bui ldings or structures, or the structural alteration, relocation or en largement of one (1) or more new bui Idings or structures of an ex isting building or structure on one ( 1) or more building lots or sites. or the installation of site improvements. Easement shall mean a grant by a property owner to the public. a corporation, or persons for a general or specifi c use of a defined strip or parcel of land, for such purpose as the installation, construction maintenance and/or repair of utility li nes, drainage djtches or chrumels, or other public services, the ownershi p or title to the land encompassed by the easement being retained by the owner of the property. Engineer shall mean any person du ly aut horized under the Texas Engineering Practice Act (V.A.C.S. art. 327 1a). as amended. to practice the profession of engineering. Engineering pLans shall mean the maps and drawings required for plat approval. Lot shall mean an undi vided tract or parce l of lru1d having access to a street, wh.ich is designated as a separate and distinct tract or lot num ber or symbo l on a duly approved plat fi led of record . The terms ··Jot" and ·•tract'' shall be used interchangeably. Off-site shall mean any premises not located withjn the property to be developed. regardless of o·wnership. Owner shall mean any persons, firm or corporation having legal title to the property. Plat shall mean a map representing a tract of land showing the boundaries of individual properties and streets or a map, drawing, chart, or plan showing the layout of a proposed Ordinance 13-07 Subdi vision Regulations Page 3 o f 24 subdi vision into lots, blocks, streets. parks, schoo l sites, commercia l or industrial sites, drainage ways, easements, alleys, which an applicant submits for approval and a copy of which he intends to record with the County Clerk of Denton Coun ty. Plcu, f; nal, shall mean the map or plan of a proposed development submitted for approval by the Town Council , where required, prepared in accordance with the pro visions of this chapter and requested to be fi led with the County C le rk of Denton County. Plat, preliminary, shall mean the initi al map or plan of a proposed development showing the general layout of streets. blocks and lots, utility systems. and dra inage systems. RighH~f-•vay shall mean a strip of land acquired by dedication, prescription or condemnation and intended to be occupied by a road, sid ewalk, railroad, electric transmission faci lity, water mains. sewer mains, storm drainage or other similar facility. Rights-of-way intended for streets, sidewalks. water mains, sewer mains. or any other use involving maintenance by a public agency shall be dedicated to the public use by the plat applicant either by easement or in fee s imple tit le. Slreets and alleys shaH mean a way for vehi cular traffic, whether designated as a street. highway. thoroughfare, parkway. throughway. road. avenue, boulevard. lane, alley. place or however otherwise designated. Town streets shall confonn to the fo ll owing classifications: ( I ) An eri al streets and hi ghways are those which are used prima ri ly for higher speed and higher volume traffic . Routes for such streets shall provide ror cross-town c ircul ati on and through-town movements. (2) Coll ector streets are those which carry traffic from minor streets to the major system of ruteri al streets and hig)l\.vays. including the principal entrance. circulation streets of a residential development and streets for c irculations within such a development of a residential s ubdivision . (3) Mi nor streets are those. wh ich are used primaril y for access to abutting properties. (4) Marginal access streets are minor streets located parallel to and adjacent to arterial streets and highways, providin g access to abutting properties and protection from the traffic of the thoroughfares. (5) Alleys are minor ways used primarily fo r access to abutting properties for vehicle service usually to the back or side of a property. Srrucrural alreralions shall mean the installation or assembly of any new structural components, or any change to ex isting structural components, in a system, building or structure. Structure shall mean anything constructed or erected, which requires location on the ground. or attached to something hav ing a location on the grotmd. incl uding, bur not limited to, buildings of all types and ground signs, but exc lusive of customary fences or boundary or retaining walls. Subdivision shall mean dividing a tract in two (2) or more parts for the purpose of creating Ordinance 13-07 Subdivision Regulati ons Page 4 o f 24 lots, including an addition to the Town, to lay out suburban, bui lding or other lots or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to the public use or for the use of purchasers or owners of Jots fronting on or adjacent to the streets, alleys. squares. parks or other parts. ··Subdivision" refers to any division irrespective of whether the actual division is made by metes and bow1ds description in a deed of conveyance or a contract for a deed, by using a contract of sale or other exec utory contract to convey, or by us ing any other method . A subdivision does not include a division of land into parts greater than fi ve (5) acres, where each part has access and no public improvement is being dedicated. Sec. 4. Purpose. The purpose of this ordinance is to set forth the procedures and standards for development of propetty, layout and design o f subdi visions or rea l property within the corporate limits o f the Town which are intended to promote the health, sa fety and general wei fare of the Town and the safe, orderly, and healthful development ofthe Town. Sec. 5. Compliance required. (a) Any owner of land who proposes the development of a lot or tract of land located within the corporate limits of the Town or ETJ or the subdi vision of a lot or tract located in the corporate limits of the Town or ET.I shall have a plat of the Jot or tract of land or subdivision prepared and approved in accordance with a ll Ordinances of the Town and recorded with the County Clerk of Denton County. (b) Notwithstanding paragraph (a) above, a plat shall not be required where the deve lopment of the Jot or tract of land is for the sole purpose of per forming a lteration(s) or improvements to an ex isting single-fam ily residence or the a uxiliary uses thereto. All such alterations or improvements must be permitted in compliance with a ll app licable codes and ordinances ofthe Town (c) No Final Plat shall be approved within the Town o f Lakewood Village or its extraterritorial jurisdiction until the appli cant has made adequate provision fo r thoroughfares as shown on rhe Thoroughfare Plan (map) as approved by the Town. The Thoroughfare Plan is a guide fo r the roadway coru1ections and types that wi ll be needed in the future. Subject to Town Counc il, or designee approval as long as the cotmection is made whether or not it is close to the exact a lignment shown on the Thoroughfare Plan. no Thoroughfare Plan amendment should be necessary. T he design and con struction of the proposed thoroughfare shall be in conformance wi th the Town's master plans for thoroughfares and with any adopted Development Standardsfor Construction (DSC), and shall be subject to approval by the Town Counci l, or des ignee. If a di fferent roadway type is found to be adequate or if the connec tion is not pro posed to be made. then the plat may not be approved un less the thoroughfa re plan is am ended . A T raffi c Impact Analysis may be required prior to approval of the proposed amendment . Sec. 6. Extension of Subdivision Rules and Regulations, Building Standards and Construction Permits and Fees, and Uniform Codes to the Extraterritorial Jurisdiction. Ordin ance 13-07 Subdiv ision Regulat ions Page 5 of 24  This ordinance is hereby adopted under the authority of the Constitution and laws of the State of Texas including Texas Local Government Code Chapter 2 12, and is being adopted after conducting a public hearing on the matter. The Town Co uncil hereby amends Ordinance 08-06, the Town of Lakewood Village Subdivision and Property Regul ati ons by ex tending the appl ication of the Town of Lakewood Village Subdivision and Property Regulations to the exu·aterTitorial jurisdiction of the Town, as that area may exist from time to time. This ordinance shall be applicable to the filing of plats, the subdi vision of land, and development of property wi thin the corporate limits of the Town and its extraterritorial jurisdiction as they may exist from time to time adjusted. All ordinances of the Town. including Ordinance I0-01. which by such ordinance(s) the Town Counci l has adopted and made applicable to the Town the uniform codes, including but not limited to those conceming and applicable to building, plumbing. mechanical energy, fuel and gas, property maintenance. electrical, fire and all appendices thereto, and all ordinance(s) conceming and related to permits and permit fees for building and construction, shall be and are hereby an1ended to apply and extend a ll such ordinances and their provisions to the "ETJ" of the Town to the full extent as permitted by law. The Town shall have all remedies and rights provided by Texas Local Government Code, Chapter 2 12. with regard to the control and approva l of subdivisions and plats and propetiy development both within the Town and within its ETJ to the full extent as petm itted by law. ARTICLE II. PLATS DlVlSION I . GENERALLY Sec. 7. Fees. The applicant for approval of a preliminary plat, final plat, replat. amended plat, minor plat or modified final plat shall, upon subm ission of the plat application and all requi red documentation, pay a nonreturnable fee, as estab lished by the Town Council, for the review and processing of the plat application. Upon approval of the final plat, rcplat, amended plat or final minor plat. the applicant shall pay an additional recording fee established by the county for recording the plat with the county clerk. Prel iminary. Repla! and Fi nal Plat Review Fees. A preliminary plat, replat. and final plat review fee shall be paid to the Town upon the filing of the preliminary and final plat in accordance with the following sched ul e: $700 per plat plus $20.00 per lot. Sec. 8. Process for approval. (a) The plat shall be scheduled for considerati on at the next regular meeting of the Town Ordinance 13-07 Subdivision Regulations Page 6 of24 Council. (b) If the plat is disapproved by the Town Council, the applicant may correct the items of concern and resubmit the plat for approval one ( I) time within six (6) months by paying one-half (1/2) of the original fee. lf the plat is disapproved a second time or if a second request is not received within six (6) months ofthe first disapproval , the applicant wi ll be required to repeat the plat application process from the beginning and pay all standard application fees. (c) An applicant may withdraw his plat application from consideration at any time during the application process by fil ing a written notice of withdrawal with the Town. Upon fi li ng the notice to withdraw, the Town shall discontinue processing the plat application. The applicant must fil e a written request to proceed with further consideration of the plat v.rithin six (6) months of withdrawal and the Town shall continue the application process. If the request to proceed with fmther consideration of the plat is fi led more than six (6) months after filing the notice of withdrawal, the applicant shall be required to repeat the plat applicati on process from the beginning and pay the standard application fees. Sec. 9. Requirements for approval of application by Town Council. (a) Within thirty (30) days of the date that the application is deemed administratively complete, the Town Cmmci l shall approve a plat if it complies with the requirements of tills chapter, the applicant is not in arrears in the payment of any debts owed the Town required by this chapter on a previous plat, it conforms to the general plan of the Town and its current and future streets, alleys, parks, playgrounds, and public utility facilities plans, and it conforms to the Tow11's general plan for the extens ion of roads, streets, and public highways, taking into account access to and extension of sewer and water mains and instrumentalities of public utilities. (b) A plat is considered approved by the Town Council unless it is disapproved within such thirty-day period. Sec. 10. Recordation. (a) Preliminary plats are not recorded with the county clerk. (b) Applicant shall record all plats with the county clerk upon the Town Council's approval ofthe plat and the applicant' s submission of the required recording fee to the County. (c) Applicant shall record all other plats with the county clerk upon the Town Council ' s approval of the plat and the applicant' s submission of the required recording fee to the County. (d) A fi11al plat shall become null and void six (6) months after its approval by the Town Counci l, unless the final plat is filed and recorded in Denton County Clerk Real Property Records. Ordinance 13-07 Subdivision Regu lations Page 7 of24  (e) A general development pl an shall become null and vo id six (6) months after its approval by the City Council, unl ess the general development p lan is filed and recorded in Denton County Clerk Real Prope rty Records. Sec. 11. Approval of preliminary plats. Approval of a preliminary plat shall be deemed to be an expression of approval to the layout submjtted as a guide to the preparation of the final plat and shall not constitute approval of a final plat. DIVISION 2. PRELIMI NARY PLATS Sec. 12. Form, contents and required documentation. (a) Preliminary plats shall be fi led with the town secretary. The town secretary shall stamp the fo llowing notice on the face of each preliminary plat: "Preliminary plat for inspection purposes only and in no way official or approved for record pmposes and not approved for constructi on." (b) When fi ling a preliminary plat appl ication, it s ha ll be accompani ed by the fo llowing mirumum documentation: (1) Completed preliminary plat application; (2) Eight (8) copies of the plat; (3) Eight (8) copies of engineeri ng plans; (4) Deed showing current owne rship of the platted property; (5) Tax certificates showing property owner is not in arrears in payment oftaxes; and (6) Nonrefundable application fee, as establi shed by the Town Council. (c) Preliminary plats must meet the following criteria and contain the fo llowing information: ( 1) Scaled drawing no sma ller than I" = 200' on a sheet size no greater than twenty-four (24) inches by thirty-six (36) inches (multiple sheets may be submitted; however , each sheet must be registered and match lines to allow assembly of the multiple sheets); (2) Boundary of the s ubject tract; (3) All ex isting and/or proposed streets and alleys with street names, widths and relation to surrounding existing street patterns; Ordinance 13-07 Subdivision Regulations Page 8 of24  (4) Approximate width and depth 10f all proposed lots; (5) Layout, in dotted lines. of all adjacent lots to the property being platted showing lot size, lot and block num bers. name of existing subdivision or prope1ty owner if undeveloped pro perty: (6) FEMA designated 100-year floodplain boundary; (7) Date. scale, north point, and small scale location map; (8) Name and address of a ll prope1rty mvners of the property being platted: (9) Name and address of engineer and surveyor; and (I 0) Signed statement of the engin,eer and/or surveyor who prepared the preliminary plat indicating the records or s urvey from which the property description of the boundary of the proposed plat was developed. (d) The engin eering plans shall be in compliance with the current adopted construction standards of the Town and shall consist of t he following: (1) Layout of all needed off-site utilities; (2) Water system layout, includinf: size o f line and fire hydrant location; (3) Sewer system layout, including size of line, location of manholes and cleanouts; (4) Drainage plan prepared in m~co rdance with standard I 00 year flood frequencies rainfalls which shows the overall analysis of the change of existing condition to fully developed condi tion and ident ify approximate location where water will exit the subdi vision. Drainage plan sha ll show a ll contours for proposed development; and (5) As-b uilt drawings o f existing structures. if applicable. DIVISION 3. FrN AL PLATS Sec. 13. Form, contents and required documentation. (a) Final plats are mandatory. (b) In cases where a pre liminary p lat was previously approved, the final p lat shall confom1 to the approved prelim inary plat. (c) Final plats shall be filed w ith the City Secretary and shall be accompanied by the fo llowing minimum documentation: O rdinance 13-07 Subdivision Regulat ions Page 9 of24  (I) Completed fina l plat application; (2) Eight (8) copies of the plat; (3) E ight (8) copies of engineering plans; (4) Deed sho'vving current ownershi p of the platted property; (5) Tax certificates showing property owner is not in arrears in payment of taxes; (6) A statement on the plat application showing that all fees owed the Town on any prior proj ects has been paid in ful l at the time the application was fi led; and (7) Nonrefundable application fee. as established by the Town Cow1cil. (d) Fi na l plats must meet the fo llowing criteria and contain the followi ng in fo rmation: ( 1) Scaled drawing no small er than 1" = 100 1 on a sheet size no greater than twenty-four (24) inches by thi1ty-six (36) inches (multiple sheets may be submitted: however, each sheet must be registered and match li nes to a llow assembly of the multiple sheets and an index sheet shall be drawn on a sheet twenty-four (24) inches by thirty- six (36) inches showing the entire property being pl atted) ; (2) The shape and the exterior boundaries of the property being platted shall be indicated by the use of a distincti ve and individ ual symbol; (3) The length of all straight li nes. detlection angles, radii, arcs, and central angles of all curves sha ll be g iven along the property lines of each street or tabulated on the same sheet showing all curve data with its symbol. A ll dimensions a long the lines of each lot with the an gles of intersections which they make with each other shall be indicated; (4) The names of all adjo ining subdivisions, tJ1e side li nes of abutting lots, lot and block numbers, all in dotted lines, and where possible, accu rate reference ties to at least two (2) adjacent recogni zed land co rners shall be cl early ind icated; (5) The description and locati on of a ll survey monuments placed on the property being platted shal l be indicated; (6) A title shall be indicated, inc luding the name o f the property being platted, the name of the appli cant and scale and location of the property being p latted with reference to original surveys and a north poi nt which may be magnetic or true north, with notation stating which. (7) FEMA designated I 00-year fl oodplain boundary. including fini sh floor elevation established a minimum of three feet above the calculated I 00 year flood. A O rdinance 13-07 Subdivision Regulations Page 10 of24  surveyor' s certificate shal l be placed o n the final pl at as foll ows: KNOW ALL M EN BY TH ESE PRESENTS: T hat I, , do hereby cer1 ify that I prepared this plat from an actua l and accurate survey o f the land and that the corner mo numents sho wn thereon were properl y placed under my personal supervision, in accordance with the Subdivisio n and Pro perty Develo pment Regulatio ns of the Town o f Lakewood Vi llage, Texas. Signature Texas Reg. No. (9)A certificate of ownership and of dedicatio n of all streets. alleys. easements and lands to publi c use fo rever, signed and acknowl edged before a notary public by the owner of the .l and, shall appear on the face of the map, containing complete and accurate description of the property being planed and the streets dedicated; (1 0) The applicant will furni sh the Town a copy of the dedication at the same time the final plat is submitted for approval; and ( ll ) The following certificate of approval by the Town Council shall be placed on the plat: Approved this day o f _ _ _ _, 20_ _ _ _, by the Town Council of tbe Town of La kewood Village, Texas. Mayor Town Secretary (e) The engineering plans shall be in compliance with the current adopted construction standards of the Town and sha ll consist of the following: ( l ) Street layout and grades; (2) Water system layout, including size of line and fire hydrant location; (3) Sewer system layout, incl uding size and grade of lines. locatio n of manholes and cleanouts, and lift station des ign: (4) Al l drai nage structure desig ns, ana lysis o f as-i s and full development for where the water ex its the subdivision, ana lysis of a ll streets to determine if they meet drainage criteria, FEMA fl oodplain and fl oodway boundaries (if appl icable), and letter(s) of Ordinance 13-07 Subdivision Regulati ons Page II of 24  release from property owners affected by diversion of water (except for watercourse(s) designated on current Town topography maps); and (5) As-built drawings of existing structures, if applicable. DIVISION 4. VACATION OF PLATS , REPLATS AND AMENDMENT OF PLATS ' Sec. 15. Vacation of plats. (a) Any plat, replat or amended plat previously recorded w ith the county clerk may be vacated by the property owner(s) at any time prior to the sale of any lot therein by filing a written signed and acknowledged instrument declaring the same to be vacated and recorded with the county clerk. (b) If the one (1) or more lots have been sold, the plat, repl at or amended plat may be vacated by the property owners by tiling a written signed and acknowledged instrument with the town secretary. The vacating instrument must be approved by the Town Council in the same manner as the original p lat, replat or amended plat. The Town Council shal l disapprove th e vacating instrument wh ich abridges or desh·oys public rights in any of its public uses, improvements, streets, or alleys. Upon approval by the Town Counci l, the vacating instrument may be recorded with the county clerk and the vacated plat, replat or amended plat shall have no effect. State law reference(s)--Vacating plats, V.T.C.A., Local Government Code§ 212.01 3. Sec. 16. Replats without vacating preceding plat. A replat may be recorded and controls over a previously recorded p lat without vacation of that plat if the replat is signed and acknowledged by the owners of the property being p latted, does not attempt to amend or remove any covenants or restrictions, and is approved, after a public heari ng on the matter, by the Town Counci l. Sec. 17. Plat amendments or corrections. (a) The Town Council may approve and issue an amended p lat, which may be recorded with the county clerk and controls over the preceding plat without vacation of the plat, if the amended p lat is signed by the applicant(s) and is solely for one (1) or more of the following purposes: (1) To cotTect an e rror in a course or distance shown on the preceding plat; (2) To add a course or d istance that was omitted on the preceding plat; (3) To conect an eJTor in the description ofthe real property shown on the p receding plat; ·s tate law refet·ence-Vacating plats, amending plats, etc., V.T.C.A. Local Government Code § 2 12.0 13 et seq . Ordinance 13-07 Subdivi sion Regulations Page 12 of24  (4) To indicate monuments set fm1h after death, disability, or retirement from practice of the engineer or s urveyor responsible for setting monuments; (5) To show the proper location or character of any monument which has been changed in location or character or which miginal ly was shown inconectly as to location or character on the preceding plat; (6) To correct any oU1er type of scrivener's or clerical error or omiSSion previously approved by the planning and zoning comm ission and/or Town Council, including lot numbers, acreage, street names, and identification of adjacent recorded plats; (7) To correct an error in courses and distances of lot lines between two (2) adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished; provided, that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat; (8) To relocate a lot line in order to cure an inadvertent encroachment of a buildjng or improvement on a lot line or on an easement; (9) To relocate one ( I) or mo re lot lines between one (1) or more adjacent lots where the owner(s) of all such lots join in the application for the plat amendment; p rovided, that such amendment does not attempt to remove recorded covenants or restrictions and does not increase the number of lots; or (10) To make necessary changes to the precedi ng plat to create six (6) or fewer lots in the plat if the changes do not affect applicable zoning and other regulations of the Town, and the changes do not attempt to amend or remove any covenants or restrictions and the area covered by the changes is located in an area that the Town Council has approved, after a public hearing, as a residential improvement area. (11) To replat one or more lots fro nting on an existing su·eet ifthe owners of all those Jots join in the application for the amendment; the amendment does not attempt to remove recorded covenants or restrictions or increase the number of lots; and, the amendment does not create or require the creation of a new street or make necessary the extension of municipal facil ities. (b) Notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amended plat. ARTICLE Ill. DEVELOPMENT PROCESS Sec. 18. Construction of infrastructure. (a) Following approval ofthe tina! plat, the plat applicant shall submit full construction plans for all proposed infrastructure to be constructed for the platted property. Construction plans Ordinance 13-07 Subdivision Regulations Page 13 of 24 submitted shall be in conformance with the approved plat. The Town engineer shall review the submitted plans for compli ance with the construction standards adopted by the Town. (b) Upon approval of construction plans by Town Council, the pl at applicant and/or the plat applicant' s contractor w ill provide wri tten notification to the Town engineer of the intent to commence construction of the required infrastructure. No work may be perf01med unless written notification has been provided to the T own engineer. The written noti fication shall contain the following infonnati on: (I) Name of the plat or subdivision: (2) Plat applicant's name; (3) Contractor's name, address and phone number; (4) Type of constructi on to be petfonncd; and (5) Estimated value o f construction contract. (c) The Town engineer sha ll issue an acknowledgment of receipt of notification to the developer and/or hi s contractor. Sec. 19. Acceptance of infrast r ucture. (a) Upon completion of a ll required in fras tructure, prior to the acceptance of the subdivision by the Town for maintenance, the applicant shall post, or cause to be posted, a maintenance bond executed by a corporate surety or corporate sureties duly authorized to do business in this state, payabl e to the Town and approved by the T own as to form, to guarantee the maintenance of the construction for a period of one ( 1) year after its completi on and acceptance by the T own. In lieu of a maintenance bond: the applicant may subm it either an irrevocable letter of credit payable to the Town and approved by the Town as to form or a cash bond payable to the Town and approved by the Tovm as to fo rm . The actual value of the maintenance bond or letter of credit or cash bond shall be ten ( 10) percent of the full cost of the water and sewer system and fifteen (15) percent of the full cost of the cost of street and drainage constructi on, as determined by the estimate o f construction costs . (b) Upon receipt of the approved maintenance bond, irrevocable letter of credit or cash bond. the Town engineer shall issue a wri tten letter o r acceptance of the infrastructure and noti fy the building and development department that the subdivision has been accepted by the Town. Sec. 20. Building permits issu ed prior to completion of infrastructure. (a) In the event an appl icant wishes to obtai n building permi ts prior to acceptance of the subdi vision by the Town , the applicant shall post with the Town a completion bond executed by a corporate surety or corporate sureti es duly authori zed to do business in thi s state, payable to the Town and approved by the Town as to form lo r all construction included in the approved Ordinance 13-07 Subdivision Regulations Page 14 of24 construction pl ans that has not been completed. In lieu of a comp letion bond, the appl icant may submit either an irrevocable letter of credit payabl e to the Town and approved by the Town as to form or a cash bond payable to the Town and approved by the Town as to form. (b) Under no circumstances shall building above the foundation be permitted until adequate fire protection is availabl e. Adequate fire protection means: ( I) Town utilities are insta lled ; (2) Fire hydrants providing protection arc operational; and (3) Streets are open and drivable, street subgrades worked to proper compaction and base course install ed, graded and leveled. to facilitate veh icle movement. (c) After the plat has been recorded and the completion bond, irrevocable letter of credit or cash bond has been rece ived and approved by the Town, the Town engineer shall notify the building and develo pment department. by lot and block numbers, that bui lding perm its may be issued. Sec. 21. Ag reements with the Town. (a) Al l agreements entered into between the Town and the deve loper and/or applicant, as a condition of plat approval, shall be recorded al ong with the final plat. (b) The executed agreement shall be submi tted to the Town Counc il in conjunction with the original drawings required for fili ng and recordati on. ARTICLE IV. ST ANDARDS AN D REQU IREM ENTS DIVISION I. GENERALLY Sec. 22. Lots and blocks. (a) All lots o f the plat shall front on a dedica ted street. (b) In general, lots sha ll conform in width, depth, and area to the pattern already established in the adjacent areas. havi ng due regard to the character of the neighborhood. its particular suitability fo r residenti al purposes, and also tak ing into consideration the natural topography of the ground, drainage, sanitary sewage facilities, and the pro posed layout of the streets. (c) Lots shall have the size, w idth measurements, front, rear, and side yard requi rements required by the current T own Zoni.ng O rdinance .. (d) The area of the lots sha ll be computed by taking the average wic.lth of the lot times the average deptl1 of the lot measured from the street line to the rear lot line. Ordinance 13-07 Subdivision Regul ations Page 15 o f 24  (e) All sidel ines oflots sha ll be at right angles to straight street lines or radial to CW'ved street Ji nes, unJess a variation from this rul e wou ld. in the opinion of the Town Council , produce a better lot plan and better utili ze the proposed development. Sec. 23. Park sites. The Town Council sha ll consider off,ers of land fo r parks or playgrounds which conform to the cmrent master plan adopted by the Town, provided such plan exists. Sec. 24. Use of Town condemnation authority. (a) Water and sewer mains, force ma ins and lift stations, streets and drainage ways shall be located in easements or rights-of-way secured and paid for by the applicant. Such easements shall be properly assigned to the Town before service is extended to the subdivision. (b) In cases where easements cannot be secured by the applicant, the applicant may file a written petition with the Town engineer, accompanying the plat application, requesting that the Town Council utilize its condemnati on authority. The written petit ion must sati sfy all of the following criteria: ( l ) The applicant must establish that clear evidence of publi c need exists; (2) The applicant must establish that the proposed extension is in accordance with the cwTent adopted master utili ty ]plan(s), if such plan(s) exists; (3) The applicant must establi sh 1that the proposed extension will be able to serve other development areas; (4) The applicant must af,rree to pay all costs of the condemnation; and (5) The appli cant must present written evidence that every practical attempt to secW'e the needed easements and/or right-of-way has been made by submitting the fo llowing: a. A condem11ation appraisal by an independent appraiser as to the cutTent market value and damages, if any, of acqu iring the easement and/or right-of-way; and b. Documentation that a written offer has been made to purchase the easement and/or right-of-way for the appraised value and the offer was rejected. (c) The petition shall be forwarded to the Town for review and recommendation and schedu led for consideration by the Town Counci l. DIVISION 2. STREETS AND DRAINAGE Sec. 25. Streets. Ordinance 13-07 Subd ivision Regulations Page 16 of24  (a) Street w idths in subdi visions sha ll conform to: Designati on Right-of-Way (feet) Paving (feet) A + major arterial 110 86 A major arterial 11 0 90 B + minor arterial 90 66 B minor arteri al 80 56 C major collector 70 44 D minor collector 60 38 E minor local 50 31 (b) Existing streets sha ll be co ntinued where practical, as determ ined by the Town Council. Continuations of existing streets shall have the same or greater ri ght-of-way, pavement widths, and composition as the existing streets being connected. Street names shall be continuous. (c) All necessary street ri ghts-of-way shal l be dedicated as parl of the platting process and shall be dedicated to U1e Town w ithout cost. (d) Dead-end streets may be platted where the land adjo in ing the plat has not been platted. In the event that such dead-end street exceeds one hundred fi fty ( 150) feet in length or one ( l ) lot width, from the nearest street intersection, the street will be provided with a cul-de-sac, e ither pennanent or temporary, having a mi nimum right-of-way radi us of fi fty (50) feet. (e) Where dead-end streets are dictated by lot designs, such dead-end streets sha ll be provided with a pennanent .cul-de-sac havin g a mi nimum right-of-way rad ius offifty (50) feet. (i) No street intersection sha ll be designed havi.ng an inside angle of less than thi1ty (30) degrees between the two (2) intersecting street li nes, nor more than one hundred fi fty ( 150) degrees. (g) B lock lengths between intersecti ng cross streets or to U1e end of a cul-de-sac sha ll be no more than one thousand two hundred (1.200) feet. (h) Streets, where practica l, shall be designed and platted with appro priate regard to topographical featmes, i.e., creeks and drainage ways. wooded areas, etc., with the aim of creating desirable and attractive treatments of s igni fican t existing features. (Ord. No . 95-38, § I, 4-25-95). Private Streets sha ll not be a llowed. (i) Driveways; Any driveway or oth er common access to more than two residences wh ich is not de fined in Section 23(a), sha ll be considered a minor local road and shall conform to defined standards. U) Streets shall be concrete w ith a mini mum lh ick.ness of 5" and shall meet current Town design standards as determi ned by the Town eng ineer. Ordinance 13-07 Subd ivision Regulations Page 17 of24 Sec. 26. Alleys, reserve strips. (a) Alleys and/or easements shall be laid in the rear of lots fronting on adjoining streets where practicable. In residentia l subdivisions. the minimum width of right-of-way o f an alley shall not be less than twenty (20) feet. All alleys shall be paved for the entire width of the right- of-way to the same specifications as minor residential streets. The rear or side line easement, where alleys are not provided, shall be a minimum of twenty (20) feet wide, ananged such that each lot sha ll have an equal ten-foot easement. (b) No plat shov.ring reserve strips of land controlling access to public ways or adjoining properties wi ll be approved. Sec. 27. Drainage in special flood hazard areas. Drainage structures in areas of special Aood hazard 111 the Town shall comply with the provisions of the Town Ordinances. Sec. 28. Drainage not in special flood hazard areas. (a) Design of all improved open drainage courses and enclosed drainage structures shall be by a registered professional engineer in accordance with the current drainage design standards approved by the Town Council. A review of the downstream drainage system capacity to a point of di scharge into the lake area shall be made. T he rate of storm water discharge from the proposed development shall not exceed fl ow capacity of any ex isting structure or drainage system. Thi s may require storm water detention or retention on site of the project. (b) The des ign and construction of all improved open drainage co urses and enclosed drainage structures s hall provide for adequate access for the performance of necessary maintenance by the Town. (c) All improved drainage courses and enclosed drai nage structures shall be dedi cated to the Town and accepted for maintenance by the Town upon approval of the construction by the Town engmeer. (d) The Town sha ll maintai n a ll improved drainage courses. provided that the origina l des ign and constructi on has been approved by the Town engineer and accepted by the Town for maintenance. (e) Improved open drai nage courses shall conform as follows: ( I) Open drainage courses which carries runoff from a street, between two (2) lots. to a dra inage course running behind lots sha ll be a concrete- lined flume . (2) Open drainage courses running behind lots may be of earlhen channel or concrete- lined channeL provided the type of channel used satisfies the design criteria (velocity, type of soil, etc.) in accordance w ith tJ1e current drai nage design standards approved by the Town Council. Ordinance 13-07 Subdivision Rcgulalions Page 18 of24  (3) Where the open drainage course is a concrete- lined fl ume, the width of the easement shall be equal to the width o f the flume. All other open drainage co urses require the width of the easement to be equal to the width from top-of-bank to top-of-bank plus maintenance way needs as given in the drainage design standards. (f) Enclosed drainage courses sha ll conform as fo llows: ( 1) Cross drainage for ri ght-o f-way needs shall be designed to meet the same requirements as its channe l. (2) Permanent structures a nd improvements may be constructed upon and across improved enclosed drainage courses in business zoning districts and manufacturing zoning districts. Design sha ll be to accommodate the 100-year frequency flood. (3) The width to the easement shall be equal to the width of the structure plus a width on each side of the structure to all ow maintenance and/or repairs. Sec. 29. Street name signs. Street name signs and marke rs and Lraffic control signs, in accordance w ith standards adopted by the Town, will be required at each intersection. The developer will provide street signs and posts for the markers and make the in stallations when the subdivision is accepted by the Town for maintenance. DIVISION 3. WATER AND SEWER INFRASTRUCTURE Sec. 30. General Provisions. (a) The intent and purpose of th is division is to provide equitable charges for water and sewer connections as a proporti onate di stribution of the cost of the water and sewer main extensions to serve property withjn the Town. If the ex isting Town utility faciliti es are not within or adjacent to a subdivision, the developer shall con struct the necessary extension of water and sewer mains, force mains, force main s, and lift stations, including all valves, manholes, and piping necessary to serve any future development of abutt ing property as specified in thj s chapter. The deve loper' s engineer shall prepare a proposed plan of service fo r the subdivision and property along the extension whi ch sha ll be reviewed by the Town engineer. These facilities shall be constructed in accordance with both the master plan and the Technical and Admiru strative Manual for Water and Sewer System Development ("Manual"). (b) It is the genera l policy o f the Town that: (1) Water and sewer mains should be large enough to serve all the lots platted and, should the Town determi11e oversizing is necessary, the Town may participate 111 those lines greater than 8" for water and greater than 10" for sewer. Ord inance 13-07 Subdi vision Regulatio ns Page 19 of24  (2) All utilities shall be required to extend across the full width of the last lot platted on each street proposed w ithin the subdi vision, in such an a li gmnem that it can be extended to the next property in accordance with the master sewer and water plans for the Town, provided such plan(s) ex ist. Properties already served by water and sewer shall not be required to install additi onal facilities unless: (I) The current lines are not of adequate capacity to serve the proposed development; in which case the applicant will be req uired to install adequate fac ili ties. (c) Every lot of the plat shall have direct access to the water and sewer system. Utility service shall be from a water/sewer ma in located in an abutting ri ght-of-way or through easements from the lot to a water/sewer main. (e) ( I) The terms of this division sha ll be cumu lative of all other ordinances regulating subdi visions, and such other ordinances are not repealed by this division, except to the ex tent that such other provisions conflict with the terms of this chapter, in which event this chapter shall prevai l. (2) The status of any previously designated line extension, lift station, or main shall be unaffected by this ordinance, save and except the Clear C reek pro rata line, designated in CCM #95-1 2 1R. The Clear Creek pro rata line designation is hereby rescinded. (f) In addition to any other remedy provided by law, the Town and its officers shall have the right to enjoin any violation of thi s chapter by injunction issued by a court of competent jurisdiction. Sec. 31. Water. (a) No water main shall be extended unless the diameter of any such extended main is a minimum of six (6) inches inside the subdivision. Larger mains may be required per the water master plan, provided such plan exists. (b) Water system layout shall be looped whenever possible. Dead-end mains shal l not exceed one thousand eight hundred ( I ,800) feet or include three (3) fire hydrants. Single feeds may be permitted at the discretion of the Town engineer; however, any such denial may be appealed to the Town Council. Single feeds should include provisions for looping in future development. (c) The location offire hydrant(s) shall comply with and be approved by the Town Engineer and/or Fire Marshall and insurance requiremen ts. (d) Long water service taps shaU be installed whil e the subdivision is being developed. Short water service taps shall be installed when needed for development. Long water serv ice taps locations shall be clearl y marked w ith a plastic valve box directly above the tap. A Y2 inch x 2 foot steel rod shall be driven verticall y 6" inches below the gro und sur11:tce for the location of Ord inance 13-07 Subdivision Regularions Page 20 of24 each water tap. No water serv ice taps smal ler than six (6) inches in diameter shall be allowed on water mains larger than twelve ( 12) inches in diameter. Sec. 32. Sewer. (a) No sewer main shall be extended un less the diameter of any such extended main is a minimum o f six (6) inches inside the subdivision. Larger maj ns may be required per the sewer master plan, provided such plan exists. (b) Manho les are required any time th e alignment, slope, or diameter of the sewer main changes, or when two or more sewer ma ins intersect. In no case w ill the maximum spacing between manholes, or from a manhole to clcanout, exceed 500 feet. (c) Sewer services for sewer mains located in roadways shall be instal led while the subdivision is being developed. Sewer services with d irect access to the sewer main without encroach ing on a roadway may be installed when needed for development. Sewer tap locations shall be clearly marked with a plastic valve box directly above the tap. A Y2 inch x 2 foot steel rod shall be driven ve11ically 6" inches below the ground surface for the location of each water tap. Sewer services six (6) inches and larger require a manho le where they intersect the sewer mai.n. T he sewer service sha ll extend a minimum of ten feet (1 0') into the lot area. (d) Minimum lift station capacity shall be one hundred (I 00) gallons per minute and sha ll have at least two (2) pumps, each of which shall be capable of pumping the design capacity of the lift station. The minimum size of the wet well shall be such that with any combination of inflow and pumping. the cycle of operation for each pump shall not be less than fi ve (5) rrunutes and the maximum retention time in the wet well shall not average more than thirty (30) m inutes. (e) Septic system holding tanks or any other sewage retai nage fac iliti es for the storage or removal of sewage are prohibited. Sec. 33. Costs of Extensions. a. Developer initiated. All costs of all water and sewer main extensions, force mains, and lift stations initiated by a developer in order to provide required service for their development area, sha ll be paid for by the deve loper. S uch costs may include; but is not necessarily li mjted to, right-of-way acquisition, pipes, motors, pumps, engineering, construction costs, inspection fees, and all weather access. In no event shall the T own pay for any costs associated with water and/or sewer improvements. Sec. 34. Use of Water and Sewer Tap Fees and Rate Revenues. Tap fees and rate revenues shall be set in an amount sufficient to maintain and operate the system, with due regard for anticipated needs to improve, update, construct, and maintain the Ordinance 13-07 Subdi vision Regulations Page 2 1 of24 system. Sec. 35. Use of Town Condemnation Authority. a. Water and sewer mains, force mains, and lift stations shall be located in easements, secured and paid for by the developer. and assigned to the Town before service is extended to the subd ivision. For the Tovm to consider to using condemnation authority to assist a developer in extension of the system, the applicant must show cl ear evidence that every practical attempt to secme the easement has fail ed and there is a public need and interest fo r condemnation. Specific criteria and procedures shall be as stated in the manual. b. Upon compl iance w ith a ll procedures by the developer, the Tovvn at least I 0 days prior to the hearing shall noti fy all property owners within the proposed easement and 200 feet therefTom. A hearing of facts by the Town Council is required. Determination of the Town Council shall be final. Sec. 36. Property Owners & Homeowner Associations Property Owners Associations or Homeowner Associations which require mandatory membership and who require mandatory fees, dues, levies, or monetary assessments are prohibited. Sec. 37. Severability. It is hereby declared to be the intention of the Town Council that if any of Lhe sections, paragraphs, sentences, cla uses, and plu·ases of thi s Ordinance shall be declared unconstitutional or invalid by the valid j udgment or decree o f any coutt of competent jurisdiction, such unconstitutionality or invalidity sha ll not effect any of the remaining phrases, clauses. sentences, paragraphs, or sections of this Ord inance of unconstitutional or invalid phrases, clauses, sentences paragraphs or sections. Sec. 38. Savings. This Ordinance shall be cumulative of all other ordinances of the Town and shall not repeal any of the provis ions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ord inance; provided, however, that Ordinance No. 08-06 of the Town is hereby repealed, but provided that any complaint, action, cause of action, or claim which prior to the effective date of thi s Ord inance has been initiated or has arisen under or pmsuant to Ordinance No. 08-06 shall continue to be governed by the provisions of that Ordinance and ror that purpose Ord inance No. 08-06 shall be deemed to remain and shall continue in full force and effect. Sec. 39. Repealer. Ordinance 02-0SA, Ordinance 00-09, Ordinance 08-06, and Ordinance 11-1 I are hereby Ordinance 13-07 Subdivision Regulations Page 22 of 24 repealed. Sec. 40. Penalty. Any person who should violate any provision of thi s Ordinance or shou ld fail to comply herewith shall for each and every violati on or noncompliance be deemed guilty of a misdemeanor and shall be fined not more than $2,000.00 (two thousand dollars) and each day such violation shall be permitted to exist shall be construed a separate offense. Sec. 41. Effective Date. This Ordinance shall become effective from and after its date of passage and publication as provided by law. PASSED AND APPROVED the 13 111 day of June , 20 13 Mi«fc;:ttk-;;r, Mayor ATTEST: ~,~bepQ Lin a sbell, Town Secretary Ordinance 13-07 Subdivision Regulations Page 23 of24  Thoroughfare fl Tho roughfare "fYpes CIC!J Typo M40 = Typo C2U Exislwlg = Type C2U Proposed • MajOf Artenlll Entry Fealure/ RcomdobWSem• Pubhc FIGITaWII/ Cl Loh L".mw1e 120' 100 Yw Aoodpl oin :,:, .. t ' :. ' •· •r.:. : =:::. - ')'f!J,• EJdor.ldO V I U11 1i:111\.:C I ..J•V / .:> UUUI VI ~ I VII 1\.Cg UH:IliUII ~ Exhibit 29 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and conect copies of the 2006 International Residential Code, Chapter l , Part l , R l 01.1 - Rl14.2. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further ce1tify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014. Lmda sbell, TRMC, Town Secretary Town of Lakewood Village Denton County State ofTexas Part 1-Administrative CHAPTER 1 SCOPE AND ADMINISTRATION PART 1-SCOPE AND APPLICATION SECTION R1 01 GENERAL R10l.l Title. These provisions shall be known as the Residential Code for One- and Two-family Dwellings of [NAME OF JURISDICTION], and shall be cited as such and will be referred to herein as ''this code." R101.2 Scope. The provisions of the International Residential Code for One- and Twofamily Dwellings shaH apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures. Exceptions: 1. Live/work units complying with the requirements of Section 419 of the International Building Code shall be permitted to be built as one- and two-family dwellings or townhouses. Fire suppression required by Section 4195 of the International Building Code when constructed under the International Residential Code for One- and T1vojamily Dwellings shall conform to Section P2904. 2. Owner-occupied lodging houses with five or fewer guestrooms shall be pennitted to be constructed in accordance with the International Residential Code for One- and Two-family Dwellings when equipped with a fire sprinkler system in accordance with Section P2904. R10L3 Intent. The purpose of this code is to establish minimum requirements to safeguard the public safety, health and general welfare through affordability, structural strength, means of egress facilities, stability, sanitation, light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built enviromnent and to provide safety to fire fighters and emergency responders during emergency operations. SECTION R102 APPLICABILITY R102.1 General. Where there is a conflict between a general requirement and a specific requirement} the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. R102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions oflocal, state or federal law. Rl02.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. R102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections R1 02.4.1 and R102.4.2. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer's instructions shall apply. R102.4.l Differences. Where differences occur between provisions of this code and referenced codes and standards~ the provisions of this code shall apply. R102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions ofthis code, as applicable, shall take precedence over the provisions in the referenced code m· standard. R102.5 Appendices. Provisions in the appendices shall not apply unless specifically referenced in the adopting ordinance. R102.6 Partial invalidity. In the event any pmi or provision of this code js held to be illegal or void, this shall not have the effect of making void or illegal any of the other patts or provisions. R102.7 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Property ll1aintenance Code ot· the International Fire Code, or as is deemed necessary by the building official for the general safety and welfare ofthe occupants and the public. Rl02.7.1 Additions, alterations or repairs. Additions, alterations or repairs to any structure shall conform to the requirements for a new structure without requiring the existing structure to comply with all of the requirements of this code:, unles!i otherwise si.ated. Additions, alferalions or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building. SCOPE AND ADMINISTRATlON 2 20121NTERNATlONAL RESIDENTIAL CODE0 PART 2-ADMINISTRATION AND ENFORCEMENT SECTION R1 03 DEPARTMENT OF BUILDING SAFETY R103.1 Creation of enforcement agency. The department of building safety is hereby created and the official in charge thereof shall be known as the building official. R103.2 Appointment. The building official shall be appointed by the chief appointing authority of the jurisdiction. R103.3 Deputies. In accordance with the prescribed procedures ofthisjw·isdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shal1 have powers as delegated by the building official. SECTION R104 DUTlES AND POWERS OF THE BUILD1NG OFFICIAL R104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in conformance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. R104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection and alteration of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions ofthis code. R104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. Rl04.4 Inspections. The building official is authorized to make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. R104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. R104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions ofthis code) or where the building o;]icial has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous} the building official or designee is authorized to enter the structure or premises at reasonable times to inspect or to perfmm the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises be unoccupied, the building official shall ftrst make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. R104.7 Department records. The building official shall keep official records of applications received, permits and certificates issued) fees collected, reports of inspections_, and notices and orders issued. Such records shall be retained in the official records for the period required for the retention of public records. Rl04.8 Liability. The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act perfonned by that officer or employee in the lawful discharge of duties and under the provisions ofthis code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuanc~ of the provisions of this code. Rl 04.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. R104.9.1 Used materials and equipment. Used materials~ equipment and devices shaH not be reused unless approved by the building official. R104.10 Modifications. Wherever there are practical difficulties involved in canying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety. R104.10.1 Flood hazard areas. The building official shall not grant modifications to any provision related to flood hazard areas as established by Table R301.2(1) without the granting of a variance to such provisions by the board of appeals. SCOPE AND ADMINISTRATION 2012 lNTERNATlONAL RESlDENTIAL CODE® 3 RI04.1l Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official fmds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code. Compliance with the specific performance-based provisions of the International Codes in lieu of specific requirements of this code shaH also be permitted as an alternate. R104.11.1 Tests. Whenever there is insufficient evidence of compliance with the provisions ofthis code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shan have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. SECTION R105 PERMITS RlOS.l Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. R105.2 Work exempt from permit. Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Building: 1. One-story detached accessOJ)' structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet (18.58 mz). 2. Fences not over 7 feet (2134 mm) high. 3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1. 5. Sidewalks and driveways. 6. Painting) papering, tiling~ carpeting, cabinets, counter tops and similar fmish work. 7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep. 8. Swings and other playground equipment. 9. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. 10. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 tmn) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4. Electrical: 1. Listed cord-and-plug connected temporary decorative lighting. 2. Reinstallation of attachment plug receptacles but not the outlets therefor. 3. Replacement of branch circuit overcunent devices of the required capacity in the same location. 4. Electrical wiring~ devices, appliances, apparatus or equipment operating at less than25 volts and not capable of supplying more than 50 watts of energy. 5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Gas: 1. Portable heating, cooking or clothes drying appliances. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Mechanical: 1. Portable heating appliances. 2. Pmiable ventilation appliances. 3. Portable cooling units. 4. Steam) hot- or chilled-water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 6. Pmiable evaporative coolers. SCOPE AND ADMINISTRATION 4 2012 INTERNATIONAL RESIDENTIAL CODE~ 7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less. 8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. The stopping of leaks in drains, water, soil, waste or vent pipe; provided~ however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new materia], such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves~ pipes or fixtures. R105.2.1 Emergency repairs. Where equipment replacements and repairs must be perfonned in an emergency situation, the permit application shall be submitted within the next working business day to the building official. R105.2.2 Repah·s. Application or notice to the building official is not required for ordinary repairs to stmctures, replacement of lamps or the connection of approved pmiable electrical equipment to approved pennanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing suppmt, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordimuy repairs include addition to, alteration of, replacement or relocation of any water supply, sewer, drainage, drain leader) gas; soil, waste} vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety. R105.2.3 Public service agencies. A permit shaH not be required for the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment that is under the ownersWp and control of public service agencies by established right Rl 05.3 Application for permit. To obtain a permit, the app1icant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall: 1. IdentifY and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section Rl 06.1. 5. State the valuation of the proposed work. 6. Be signed by the applicant or the applicant's authorized agent. 7. Give such other data and information as required by the building official. R105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable. R105.3.1.1 Determination of substantially improved or substantially damaged existing buildings in flood hazard areas. For applications for reconstruction, rehabilitation, addition or other improvement of existing buildings or sh-uctures located in a flood hazard area as established by Table R30 1.2(1 )i the building official shall examine or cause to be examined the construction documents and shall prepare a fmding with regard to the value of the proposed work. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its predamaged condition. If the building official finds that the value of proposed work equals or exceeds 50 percent of the market value of the building or structure before the damage has occurred or the improvement is started, the finding shall be provided to the board of appeals for a determination of substantial improvement or substantial damage. Applications determined by the board of appeals to constitute substantia) improvement or substantial damage shall require aU existing portions of the entire building or stn1cture to meet the Iequirements of Section R322. R105.3.2 Time limitation of application. An application for a perm it for any proposed work shall be deemed to have been abandoned 180 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. R105.4 Validity of permit. The issuance or granting of a permit shall not be constmed to be a permit for, or an approval ot: any violation of any ofthe provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the cmTection of errors in the construction documents and other data. The building official is also authorized io prevent occupancy or use of a sh·uch1re where in vioSCOPE AND ADMiNISTRATION 2012 INTERNATIONAL RESIDENTIAL CO DEe 5 lation of this code or of any other ordinances of this jurisdiction. R105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuancej or ifthe work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. R105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in enor or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code. R105.7 Placement of permit. The building permit or copy thereof shall be kept on the site of the work until the completion of the project. R105.8 Responsibility. It shall be the duty of every person who performs work for the installation or repah· of building, structure, electrical, gas, mechanical or plumbing systems, for which this code is applicable, to comply with this code. Rl05.9 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings> structures and sites for which an application has been filed. SECTION R106 CONSTRUCTION DOCUMENTS R106.1 Submittal documents. Submittal documents consisting of construction documents, and other data shall be submitted in two or more sets with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be conshucted. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code. RI06.1.1 Information on construction documents. Construction documents shall be drawn upon suitable materiaL Electronic media documents are pennitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will confonn to the provisions of this code and relevant laws, ordinances, rules and regulations} as detennined by the building official. Where required by the building official, all braced wa111ines, shall be identified on the construction documents and all pertinent information including, but not limited to, bracing methods, location and length of braced wall panels, foundation requirements of braced wall panels at top and bottom shall be provided. · Rl06.1.2 Manufacturer's installation instructions. Manufacturer's installation instructions, as required by this code, shall be available on the job site at the time of inspection. Rl 06.1.3 Information for construction in flood hazard areas. For buildings and structures located in whole or in part in flood hazard areas as established by Table R301.2(1), construction documents shall include: 1. Delineation of flood hazard areas, floodway boundaries and flood zones and the design flood elevation, as appropriate; 2. The elevation of the proposed lowest floor, including basement; in areas of shallow flooding (AO Zones), the height of the proposed lowest floor, including basement, above the highest adjacent grade; 3. The elevation of the bottom of the lowest horizontal structural member in coastal high hazard areas (V Zone); and 4. If design flood elevations are not included on the conununitts Flood Insurance Rate Map (FIRM), the building official and the applicant shall obtain and reasonably utilize any design flood elevation and floodway data available from other sources. R106.2 Site plan or plot plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing the size and location of new construction and existing structures on the site and distances from lot lines. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. R106.3 Examination of documents. The building official shall examine or cause to be examined construction documents for code compliance. Rl06.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved in writing or by a stamp which states 'REVIEWED FOR CODE COMPLIANCE.n One 1 set of construction documents so reviewed shall be retained by the building official. The other set shall be retumed to the app1icant, shall be kept at the site of work and shall be open to inspection by the building official or his or her authorized representative. R106.3.2 Previous appl'ovals. This code shall not requh·e changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the constmction of which has been purSCOPE AND ADMINISTRATION 6 20121NTERNATIONAL RESlDENTIAL CODE® sued in good faith within 180 days after the effective date of this code and has not been abandoned. R106.3.3 Phased at>proval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate infonnation and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. R106.4 Amended construction documents. Work sha11 be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. Rl06.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the pennitted work, or as required by state or local laws. SECTION R107 TEMPORARY STRUCTURES AND USES Rl07 .1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. R107.2 Conformance. Temporary structures and uses shall conform to the structural strength~ fire safety, means of egress} light, ventilation and sanitary requirements of this code as necessary to ensure the public health, safety and general welfare. R107.3 Temporary po·wer. The building official is authorized to give permission to temporarily supply and use power in pati of an electric installation before such installation has been fully completed and the fmal certificate of completion has been issued. The part covered by the temporary ce11ificate shall comply with the requirements specified for temporary lighting, heat or pO\ver in NFPA 70. Rl07.4 Termination of approval. The building official is authorized to te1minate such permit for a temporary stmcture or use and to order the temporary structure or use to be discontinued. SECTION R108 FEES R108.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, has been paid. R108.2 Schedule of permit fees. On buildings, structures, electricalt gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. R108.3 Building permit valuations. Building permit valuation shall include total value of the work for which a permit is being issued, such as electrical, gas, mechanical, p1umbing equipment and other permanent systems, including materials and labor. R108.4 Related fees. The payment of the fee for the constmction, alteration, removal or demolition for work done in connection with or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed bylaw. · Rl08.5 Refunds. The building official is authorized to establish a Jefund policy. R108.6 Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, electrical, gas) mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority that shall be in addition to the required permit fees. SECTION R109 INSPECTIONS R109.1 Types of inspections. For onsite construction, from time to time the building official, upon notification from the permit holder or his agent~ shall make or cause to be made any necessary inspections and shaH either approve that portion of the construction as completed or shall notify the permit holder or his or her agent wherein the same fails to comply with this code. R109.1.1 Foundation inspection. Inspection ofthe foundation shall be made after poles or piers are set or trenches or basement areas are excavated and any required forms erected and any required reinforcing steel is in place and supported prior to the placing of concrete. The foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls> partitions, structural supports> or equipment and special requirements for wood foundations. Rl09.1.2 Plumbing, mechanical, gas and electrical systems inspection. Rough inspection of plumbing, mechanical, gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set or instaJled, and prior to framing inspection. Exception: Backfilling of ground-source heat pump loop systems tested in accordance with Section M21 05.1 prior to inspection shall be permitted. Rl09.1.3 Floodplain inspections. For construction in flood hazard areas as established by Table R301.2(1), upon placement of the lowest floor, including basement, and prior to further vertical construction, the buildtng official shall require submission of documentation, piepared SCOPE AND ADMINISTRATION 20121NTERNATIONAL RESIDENTIAL CODE®7 and sealed by a registered design professional, ofthe elevation of the lowest floor, including basement, required in Section R322. R109.1.4 Frame and masonry inspection. Inspection of framing and masonry construction shall be made after the roof, masonry, all framing, ftrestopping, draftstopping and bracing are in place and after the plumbing, mechanical and electrical rough inspections are approved. R109.1.5 Other inspections. In addition to the called inspections above> the building official may make or require any other inspections to ascertain comp1iance with this code and other Jaws enforced by the building official. R109.1.5.1 Fire-resistance-rated construction inspection. Where fire-resistance-rated construction is required between dwelling units or due to location on property, the building official shall require an inspection of such construction after all lathing and/or wallboard is in place, but before any plaster is applied, or before wallboard joints and fasteners are taped and finished. Rl 09.1.6 Final inspection. Final inspection shall be made after the penn itted work is complete and prior to occupancy. Rl 09.1.6.1 Elevation documentation. If located in a flood hazard area, the documentation of elevations required in Section R322.1.1 0 shall be submitted to the building official prior to the final inspection. R109.2 Inspection agencies. The building official is authorized to accept reports of approved agencies, provided such agencies satisfy the requirements as to qualifications and reliability. R109.3 Inspection requests. It shall be the duty of the permit holder or their agent to notify the building official that such work is ready for inspection. It shall be the duty of the person requesting any inspections l'equired by this code to provide access to and means for inspection of such work. R109.4 Approval required. Work shall not be done beyond the point indicated in each successive inspection without frrst obtaining the approval of the building official. The bufl in writing, suspend or revoke a certificate of occupancy issued under the provisions of this code wherever the certificate is issued in error1 or on the basis of incorrect information supplied) or where it is determined that the building or structure or pat1ion thereof is in violation of any ordinance or regulation or any of the provisions of this code. SECTION R111 SERVICE UTILITIES Rlll.l Connection of service utilities. No person shaH make connections fi·om a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until approved by the building official. SCOPE AND ADMINISTRATION 8 2012 INTERNATIONAL RESIDENTIAL CODE® R111.2 Temporary connection. The building official shall have the authority to authorize and approve the temporaty connection of the building or system to the utility, source of energy, fuel or power. Rl11.3 Authority to disconnect service utilities. The building official shall have the authority to authorize discotu1ection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section Rl02.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility cmmection has been made without the approval required by Section Rlll.l or Rlll.2. The building official shall notify the serving utility and whenever possible the owner and occupant of the building, structure or service system of the decision to discoooect prior to taking such action if not notified prior to disconnection. The owner or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter. SECTION R112 BOARD OF APPEALS R112.1 General. In order to hear and decide appeals of orders1 decisions or determinations made by the building official relative to the application and interpretation of this code~ there shall be and is hereby created a board of appeals. The building official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board of appeals shall be appointed by the goveming body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shaH render all decisions and fmdings in writing to the appellant with a duplicate copy to the building official. R112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better fonn of construction is proposed. The board shall have no authority to waive requirements of this code. R112.2.1 Determination of substantial improvement in flood hazard areas. When the building qfficial provides a finding required in Section Rl 05.3 .1.1, the board of appeals shall detennine whether the value of the proposed work constitutes a substantial .improvement. A substantial improvement means any repair, reconstmction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. 1fthe building or stmcture has sustained substantial damage, all repairs are considered substantial improvement regardless of the actual repair work perfonned. The te1m does not include: 1. Improvements of a building or structure required to correct existing health) sanitat)' or safety code violations identified by the building official and which are the minimum necessary to assure safe living conditions; or 2. Any altemtion of an historic building or stmctme, provided that the altemtion will not preclude the continued designation as an historic building or structure. For tl•e purpose ofthis exclusion, an historic building is: 2.1. Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places; or 2.2. Determined by the Secretat)' of the U.S. Departmenl of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district; or 2.3. Designated as historic under a state or local historic preservation program that is approved by the Department of Interior. R112.2.2 Criteria for issuance of a variance fot· flood hazard areas. A variance shall be issued only upon~ 1. A showing of good and sufficient cause that the unique characteristics of the size, configuratjon or topography of the site render the elevation standards in Section R3 22 inappropriate. 2. A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable. 3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. 4. A detennination that the variance is the minimum necessary to afford relief, considering the flood hazard. 5. Submission to the applicant of written notice specifYing the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that construction below the design flood elevation increases risks to life and property. Rl12.3 Qualifications. The board ofappea1s shall consist of members who are qualified by experience and training to pass on matters pertaining to building constmction and are not employees of the jurisdiction. R112.4 Administration. The building official shall take immediate action in accordance with the decision of the board. SECTION R113 VIOLATIONS R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, constmct, alter, extend, repair, move, remove, demolish or occupy any building, structure or SCOPE AND ADMINISTRATION 2012 INTERNATIONAL RESlDENTIAL CODE®9 equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. R113.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection~ consttUction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation ofthe provisions of this code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illega1 action or condition and the abatement of the violation. R113.3 Prosecution of violation. Ifthe notice of violation is not complied with in the time prescribed by such notice, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or stmcture in violation of the provisions of this code or of the order or direction made pursuant thereto. Rll3.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirem~nts thereof or who erects, constructs, alters or repairs a building or structure in violation of the app1·oved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. SECTION R114 STOP WORK ORDER R114.1 Notice to ownel'. Upon 11otice from the building official that work on any building or structure is being prosecuted contraty to the provisions of this code or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop work order shall be in writing and shaH be given to the owner of the property involved, or to the owner's agent or to the person doing the work and shall stat.e the conditions under which work wil1 be permitted to resume. R114.2 Un]a,vful continuance. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as_ that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. STATE OF TEXAS ) ) CERTIFICATE TO COJ>Y OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the run cti o n ~ of my office, that the attached instruments are fu ll. true and correct copies of Section R308.6.5 of Chapter 3 or the 2006 International Residential Code. The same appear of record in my office and said documents are the offi cial records from the public office of the Town Secretary of the Town of Lakewood Village. Denton County. Texas. and arc kept in said office. T furrher certify that 1 am the Town Secretary of th e Town of Lakewood Village, that I have legal custody of sa id records. and that Lam a lnwfu l possessor and keeper of the reco rds in said orti ce. In witness whereof I have hereunt o set my hand and affixed the o(Ticial sea l of The Town of Lakewood Village thi s 26th day of March. 2014. ~~~ .~~e~OQ~-----------­ ~sbcll. TRMC. Town Secretary Tovvn of Lakewood Vil lage Den ton County State ofTexas  Chapter 3 R308.6.5 Screens not required . Screens shall not be required when fully tempered glass is used as sing le glazing or the inboard pane in multiple glazing and either of the following conditions are met: 1. Glass area 16 square feet (1.49 m2) or less. Highest point of glass not more than 12 feet (3658 mm) above a walking surface or other accessible area . nominal glass thickness not more than J/1s inch (4.8 mm). and (for multiple glazing only) the other pane or panes fully tempered, laminated or wired glass. 2. Glass area greater than 16 square feet (1.49 m2). Glass sloped 30 degrees (0 .52 rad) or less from vertical, and highest point of glass not more than 10 feet (3048 mm) above a walking surface or other accessible area. STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify , in the performance of the functions of my office, that the attached instruments are ful l. true and correct co pies of Section R308.4 of C hapter 3 of the 2006 International Residential Code. The same appear of record in my o rfice and sa id documents are the offi cia l records from the public office of the Town Secretary of the Town of Lakewood Vi ll age, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody o f said records, and that I am a lawfu l possessor and keeper o f the records in said offi ce. In witness whereofl have hereunto set my hand and affixed the official seal of The Town of Lakewood Vi ll age this 26th day of March, 20 14. r>P~~b~ OO___________ ~bell, TRMC. Town Secretary Town of Lakewood V illage Denton County State of Texas  Chapter 3 R308 .4 Hazardous locations. The following shall be considered specific haza rd ous locations for the purposes of glazing: 1. Glazing in swinging doors except jalousies. 2. Glazing in fixed and sliding panels of sliding door assemblies and panels in sliding and bifold closet door assemb lies. 3. Glazing in storm doors. 4. Glazing in all unframed swinging doors. 5. Glazing in doors and enclosures for hot tubs, whirlpools, saunas, steam rooms, bathtubs and showers. Glazing in any part of a building wall enclosing these co mpartm ents where the bottom exposed edge of the glazing is less than 60 inches (1524 mm) measured vertica lly above any sta nding or walking surf ace . 6. Glazing, in an individ ual fixed or operable panel adjacent to a door where the nearest vertical edge is within a 24-inch (610 mm) arc of the door in a closed position and whose bottom edge is less than 60 inches (1524 mm) above the floor or wa lking surface. 7. Glazing in an individual fixed or operabl e pane l, other than those loca tions described in Items 5 and 6 above, th at meets all of the following conditions: 7.1. Exposed area of an individual pan e larger t han 9 sq uare feet (0.836 m2) . 7.2. Bottom edge less than 18 inches (457 mm) above the floor. 7.3. Top edge more t han 36 inches (914 mm) above the floor. 7.4. One or more walki ng surfaces within 36 inches (914 mm) horizontally of the glazing. 8. All glazing in railings regardless of an area or height above a wa lking surface . Inclu ded are structural baluster panels and nonstructural infill panels. 9. Glazing in walls and fences enclosing indoor and outdoor swimming pools, hot tubs and spas where the bottom edge of t he glazing is less than 60 inches (1524 mm) above a wa lking surface and within 60 inches (1524 mm) horizontally of the water's edge. Th is shall apply to single glazing and all panes in multiple glazing. 10. Glazing adjacent to stairways, landings and ramps within 36 inches (914 mm) horizontally of a walking surface when the exposed surface of the glass is less than 60 inches (1524 mm) above the plane of the adjacent walking surface. 11. Glazing adjacent to stairways within 60 inches (1524 mm) horizontally of the bottom t read of a sta irway in any direction when the exposed surface of the glass is less than 60 inches (1524 mm) above the nose of the tread . Exception: The fo llowing products, materials and uses are exempt from the above ha za rdous locations: 1. Openings in doors through which a 3-inch (76 mm) sphere is unable to pass. 2. Deco rative glass in Items 1, 6 or 7. 3. Glazing in Section R308.4, Item 6, when there is an inte rvening wall or other permanent barrier between the door and t he glazing. 4. Glazing in Section R308.4, Item 6, in wa lls perpendicular to the plane of the door in a closed position, other than the wall toward which the door swings when opened, or w here access th rough the door is to a closet or storage area 3 feet (914 mm) or less in depth. Glazing in these applications shall co mply with Section R308.4, Item 7. 5. Glazing in Section R308.4, Items 7 and 10, w hen a protective bar is insta lled on the accessible side(s) of the glazing 36 inches± 2 inches (914 mm ±51 mm) above the floor. The bar shall be ca pa ble of withstanding a horizontal load of 50 pounds per linear foot (730 N/m) without contacting th e glass and be a minimum of 1~ inches (38 mm) in height. 6. Outboard panes in insulating glass units and other mu ltiple glazed panels in Section R308.4, Item 7, when th e bottom edge of the glass is 25 feet (7620 mm) or more above grade, a roof, walking surfaces, or other ho rizontal [within 45 degre es (0.79 rad) of horizonta l] surface adjacent to the gla ss exterior. 7. Louvered windows and jal ousies comp lying with the req uirements of Section R308.2. 8. Mirrors and other glass panels mounted or hung on a surface that provides a continuous backing support. 9. Safety glazing in Section R308.4, Items 10 and 11, is not required where: 9.1. The side of a stairway, land ing or ramp has a guardrail or handrail, including ba lusters or in-fi ll panels, complying with the provisions of Sections 1013 and 1607.7 of th e International Building Code; and 9.2. The plane ofthe glass is more than 18 inches (457 mm) from t he railing; or 9.3. When a solid wall or panel extends from the plane of the adjacent walking surface to 34 inches (863 mm) to 36 inches (914 mm) above the floor and t he co nstruction at the top o f that wa ll or panel is capable of withst and ing the sa me hori zontal load as t he protective bar. 10. Glass block panels complying with Section REilO. STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) l hereby certi fy. in the perfom1ance of the Cunctions of my office. that the attached instruments are fu lL true and correct cop ies of Sectio n R33 1.5 of Cha pter 3 o[ the 2006 International Residential Code. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village. Denton County. T exas. and are kept in sa id office. I furth er certify that I am the Town Secretary o f the Town of Lakewood Village, that I have legal custody of said records. and that I am a lawful possessor and keeper of the records in said office. ln w itness whereof I have here unto set my hand and affixed the offic ial seal of The Town of Lakevvood Vil lage this 26th day of March, 20 14. Linda As elL TRMC, Town Secretary or Tovm Lakewood Vi ll age Denton County State ofTexas  Chapter 3 Section 311 .5 and all other stair requirements R311.5 Construction . R311.5.1 Attachment. Exterior landings, decks, balconies, stairs and similar facilities shall be positively anchored to the primary structure to resist both vertical and lateral forces or shall be designed to be self-supporting. Attachment shall not be accomplished by use of toenails or nails subject to withdrawal. R31 1.6 Hallways. The minimum width of a hallway shall be not less than 3 feet (914 mm). R31 1. 7 Stairways. R311 .7.1 Width . Stairways sha ll not be less than 36 inches (9 14 mm) in clear width at all points above the permitted handrail height and below the required headroom height. Handrails shall not project more than 4.5 inches (114 mm ) on either side of the stairway and the minimum clear width of the stairway at and below the handrail height, includ ing treads and landings, shall not be less than 31 1h inches (787 mm) where a handrail is installed on one side and 27 inches (698 mm) where handrails are provi ded on both sides. Exception: The width of spiral stairways shall be in accordance with Section R31 1.7.10.1 . R311 .7.2 Headroom . The minimum headroom in all parts of the stairway shall not be less than 6 feet 8 inches (2032 mm) measured vertically from the sloped line adjoining the tread nosing or from the floor surface of the land ing or platform on that portion of the stairway. Exception : Where the nosings of treads at the side of a flight extend under the edge of a floor opening through which the stair passes, the floor opening shall be allowed to project horizontally into the required headroom a maximum of43/4inches (121 mm) . R311 .7.3 Vertical rise. A flight of stairs shall not have a vertical rise larger than 12 feet (3658 mm) between floor levels or landings. R311. 7.4 Walkline. The wa lkline across winder treads shall be concentric to the curved direction of travel through the turn and located 12 inches (305 mm) from the side where the winders are narrower. The 12-inch (305 mm) dimension shall be measured from the widest point of the clear stair width at the walking surface of the winder. If winders are adjacent within the flight, the point of the widest clear stair width of the adjacent winders shall be used. R311.7.5 Stair treads and risers. Stair treads and risers shall meet the requirem ents of this section . For the purposes of this section all dimensions and dimens ioned surfaces sha ll be exclusive of carpets, rugs or runners. R311.7.5.1 Risers . The maximum riser height shall be 73/4inches (196 mm). The riser shall be measu red vertically between lead ing edges of the adjacent treads. The greatest riser height within any flight of stairs shall not exceed the smallest by more than 3/s inch (9.5 mm). Risers shall be vertical or sloped from the underside of the nosing of the tread above at an angle not more than 30 degrees (0.51 rad) from the vertical. Open risers are permitted provided that the opening between treads does not permit the passage of a 4-inch-diameter ( 102 mm) sphere. Exception : The opening between adjacent treads is not limited on stairs with a total rise of 30 inch es (762 mm) or less. R311 .7.5.2 Treads. The minimum tread depth shall be 10 inches (254 mm). The tread depth shall be measured horizontally between the vertical planes of the foremost projection of adjacent treads and at a right angle to the tread's leading edge. The greatest tread depth within any flight of stairs shall not exceed the smallest by more than J/s inch (9.5 mm). R311. 7 .5.2.1 Winder treads. Winder treads shall have a minimum tread depth of 10 inches (254 mm) measured between the vertical planes of the foremost projection of adjacent treads at the intersections with the walkline. Winder treads shall have a min1mum tread depth of 6 inches ( 152 mm) at any point within the clear width of the stair. Within any flight of stairs. the largest winder tread depth at the walkline shall not exceed the smallest winder tread by more than 316 inch (9.5 mm) . Consistently shaped winders at the walkline shall be allowed within the same flight of stairs as rectangular treads and do not have to be within 316 inch (9.5 mm) of the rectangular tread depth. R311 .7.5.3 Nosings. The radius of curvature at the nosing shall be no greater than gfls inch (14 mm). A nosing not less than J /4 inch ( 19 mm) but not more than 11/4 inches (32 mm) shall be provided on stairways with solid risers. The greatest nosing projection shall not exceed the smallest nosing projection by more than 3/s inch (9.5 mm) between two stories, including the nosing at the level of floors and landings. Beveling of nosings shall not exceed 1/2 inch ( 12.7 mm) . Exception: A nosing is not required where the tread depth is a mini mum of 11 inches (279 mm ). STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the fun ction s of my office, that the attached instruments are fu lL true and correct copies of Section R403. 1.6 of Chapter 4 of the 2006 International Residential Code. The same appear of record in my office and said documents are the offic ial records from the public office of the Town Secretary of the Town of Lakewood Vill age, Denton County, Texas, and are kept in said office. f f urther certify lhat I am the Town Secretary or the Town of Lakewood Vi llage. that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereofJ have hereunto set my hand and affixed the official seal of The Town of Lakewood Vi ll age this 26th day of March, 20 14. Lmdc As ell , TRJviC, Town Secretary Tmvn or Lakewood Village Denton County State of Texas  Chapter 4 Section 403.1 .6 Anchor Bolts R403.1.6 Foundation anchorage. Sill plates and walls supported directly on continuous foundations shall be anchored to the foundation in accordance with this section. Wood sole plates at all exterior walls on monolithic slabs, wood sole plates of braced wall panels at building interiors on monolithic slabs and all wood sill plates shall be anchored to the foundation with anchor bolts spaced a maximum of 6 feet (1829 mm) on center. Bolts shall be at least 1/2 inch (12.7 mm) in diameter and shall extend a minimum of 7 inches (178 mm) into concrete or grouted cells of concrete masonry units. A nut and washer shall be tightened on each anchor bolt. There shall be a minimum of two bolts per plate section with one bolt located not more than 12 inches (305 mm) or less than seven bolt diameters from each end of the plate section. Interior bearing wall sole plates on monolithic slab foundation that are not part of a braced wall panel shall be positively anchored with approved fasteners . Sill plates and sole plates shall be protected against decay and termites where required by Sections R317 and R318 . Cold-formed steel framing systems shall be fastened to wood sill plates or anchored directly to the foundation as required in Section R505.3.1 or R603.3.1. Exceptions: 1. Foundation anchorage, spaced as required to provide equivalent anchorage to 1/2-inch-diameter (12.7 mm) anchor bolts. 2. Walls 24 inches (610 mm) total length or shorter connecting offset braced wall panels shall be anchored to the foundation with a minimum of one anchor bolt located in the center third of the plate section and shall be attached to adjacent braced wall panels at corners as shown in item 8 of Table R602 .3(1 ). 3. Connection of walls 12 inches (305 mm) total length or shorter connecting offset braced wall panels to the foundation without anchor bolts shall be permitted. The wall shall be attached to adjacent braced wall panels at corners as shown in item 8 of Table R602 .3(1) . R404.3 Wood sill plates. Wood sill plates shall be a minimum of 2-inch by 4-inch (51 mm by 102 mm) nominal lumber. Sill plate anchorage shall be in accordance with Sections R403.1 .6 and R602.11. STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of Section R404 of Chapter 4 of the 2006 lntemational Residential Code. The same appear of record in my office and said documents are the official records from the publ ic office of the Town Secretary ofthe Town of Lakewood Village. Denton Co unty, Texas. and are kept in said office. I further ce rtify that I am the Town Secretary of tbe Town of Lakewood Vil lage, that I have legal custody of said records, and that I am a law ful possessor and keeper of the records in said oftice. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Vi llage thi s 26th day ofMarch, 20 14. Lind Asbel l, TRMC. Town Secretary Town of Lakewood Vi llage Denton County State orTexas  Chapter 4 SECTION R404 FOUNDATION AND RETAINING WALLS R404.1 Concrete and masonry foundation walls. Concrete foundation walls shall be selected and constructed in accordance with the provisions of Section R404.1.2. Masonry foundation walls shall be selected and constructed in accordance with the provisions of Section R404.1 .1. R404.4 Retaining walls. Retaining walls that are not laterally supported at the top and that retain in excess of 24 inches (61 0 mm) of unbalanced fill shall be designed to ensure stability against overturning , sliding, excessive foundation pressure and water uplift. Retaining walls shall be designed for a safety factor of 1.5 against lateral sliding and overturning . STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functio ns of my offi ce. that the anached instruments are fu ll. true and cotTect copies of Section R602.3.2 of Cha pter 6 of the 2006 Internati onal Residenti al Code. The same appear of reco rd in my office and sa id documen ts are the o ffi cia l records from the public office of the Town Secretary o f the Town o f Lakewood V ill age. Denton County. Texas. and are kept in said office. I further certify that I am th e Town Secreta ry o f the Town of Lakewood Village, that I have legal custody of said records. and that I am a law ful possessor and keeper o f the records in said office. In witness w hereof l have hereunto set my hand and affi xed the official seal of The Town of Lakewood V illage this 26th day of March, 20 14. ~dc£hbeQ Q , L111 a Asbe ll , TRM C , Town Secretary T own of Lakewood Vi llage Dento n County State of Texas  Chapter 6 R602.3.2 Top plate. Wood stud wa lls shall be ca pped wit h a double top plate install ed to provi de overlapping at corners and intersections with beari ng partiti ons. End j o ints in top plates shall be ofTset at least 24 inches (6 10 mm). Joints in plates need not occur over studs. Plates shall be not less than 2-inches (5 1 mm) nominal thickn ess and have a width at least eq ual to the width or the studs. STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PU BLIC RECORD COUNTY OF DENTON ) I hereby certify. in the performa nce of the functi ons o f m y o ffice, that the attached instruments are full , true and correct copies of Section R602. 10 of Chapter 6 of the 2006 Internati onal Residential Code. T he same appear of record in my office and said documents are the official records from the public offi ce of the Town Secretary of the Town of Lakewood Village. Denton Coumy. T exas. and are kept in said oftice. I further certi fy that 1 am the Town Secretary o f the Town of Lakewood Village, that I have legal custody of said records . and that I am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official sea l of The Town of Lakewood Village th is 26th day of March, 20 14. Ltn Asbe ll , fRMC. Town Secretary Town of Lakewood Vi llage Denton County State of Texas Chapter 6 R602.10 Wall bracing . All exterior walls sha ll be braced in accordance with this section. In addition, interior braced wall lines shall be provided in accordance with s,ection R602 .10.1.1. For buildings in Seismi c Design Categories Do, D, and D2, wa lls shall be constructed in accordance with the additional requirements of Sections R602.10.9, R602.10.11, and R602.11. STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the perfo rmance of the function s of my office, that the attached instruments are full , true and correct copies o f Section R703.7.4 and Section R703.7.4. 1 of Chapter 7 of the 2006 lntemarional Residenti al Code. The same appear of record in my office and said documents are the official records from the public orfice of the Town Secretary of the Town of Lakev,rood Village. Denton County, Texas. and are kept in said office. I furth er certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said reco rds, and that J am a la wful possesso r and keeper o f the record s in said office. In witness whereo f I have hereunto set my hand and affixed the official seal of The Town o f Lakewood Vi ll age this 26t h day ofMarch, 2014. ~-~l o Wo2ofL ~bell. TRMC, Town Secretary Town of Lakewood Vi llage Denton Coun ty State of Texas  Chapter 7 R703.7 .4 Anchorage. Masonry veneer shall be anchored to the supporting wall studs with corrosion-resistant metal ties embedded in mortar or grout and extending into the veneer a minimum of 1,12 inches (38 mm), with not less than s/a-inch (15.9 mm) mortar or grout cover to outside face. Masonry veneer shall conform to Table R703.7.4. R703.7.4.1 Size and spacing. Veneer ties, if stran d wire , shall not be less in thickness than No. 9 U.S. gage [(0. 148 inch) (4 mm)] wire and shall have a hook embedded in the mortar joint, or if sheet metal, sha ll be not less than No. 22 U.S. gage by [(0.0299 inch) (0.76 mm)] 1/a inch (22 mm) corrugated . Each tie sha ll support support not more than 2.67 square feet (0.25 m2) of wall area and shall be spaced not more than 32 inches (813 mm) on center horizontally and 24 inches (635 mm) on center vertically. STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in th e perfo rmance of the fu nctions of my office, that the attached instruments are full, true and con-eel copies of Section R703.7.6 of Chapter 7 ol'the 2006 International Residenti al Code. The same appear of record in my office and sa id documents are the official record s fro m the public on-ice or the Town Secretary of the Town or Lakewood Village. Den ton County, Texas, and are kept in sai d office. I further ce11ify that I am the Town Secretary or the Town o f Lakewood Village. that I have legal custody of said records. and that I am a lawful possessor and keeper of the reco rds in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town o r Lakewood Vi llage this 26th day of March. 2014. ~r~~~~~Secretary Town or Lakewood Village Denton County State ofTexas  Chapter 7 R703.7.6 Weepholes. Weepholes shall be provided in the outside wythe of masonry walls at a maximum spacing of 33 inches (838 mm) on center. Weepholes shall not be less than Jlts inch (5 mm) in diameter. STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the per formance of the functions of my office, that the attached instruments are full , true and correct copies of Section R 1003.4 of Chapter l 0 of the 2006 International Residential Code. The same appear of record in my offi ce and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood V ill age, Denton County. Texas, and are kept in said office. I fu rther certify that I a m the Town Secretary of Lhe Town of Lakewood Vi llage, that 1 have legal custody of said records, and t hat I am a lawful possessor and keeper of the records in sa id office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 20 14. Ltn a AsbelL TRMC, Town Secretary Town of Lakewood Village Denton County State ofTexas CHIMNEYS AN D FIREPLACES • . TOP OF CHIMNEY MUST BE AT LEAST~ 2 FT HIGHER THAN PEAK OR HIGHEST PORTION OF RO~F WITHIN · 3 FT MIN HEIGHT ABOVE ROOF 10 FT HORIZONTALLY. WHERE CHIMNEY PENETRATES . • } I ( 1 MIN. 4 IN. SOLID MASONRY • • ); \I M IN 5/8 IN. FLUE LINER _ . -- -- - METAL CLEANOUT DOOR (OPTIONAL) !I a· n p -~~.- · ; ·.; ~ _] U~DISTURBED SOIL I3F.LOW FROST LINE · l_j _/ '~)T;..\\'<1/. '\ ~ -:;-I J ~__:_6 IN. MIN MIN 12 IN THICK CONCRETE FOUNDATION rr 61N.MIN- - = For SJ: 1 Inch =25.4 mm, ·1 ·rocit 304.8 mm. Figure R1003.2 TYPICAL MASONRY CHIMNEY R1003.4 Seismic anchorage. Mnsonry and concrcle chimneys •!• The prescriptive requirements in this section are and founda tions in .Seismic Desig n Category 0 0, b , or 0 2 shall tiona! for typical fireplaces and chimneys. More be anchored at each floor, ceiHng or roof line more than 6 feet stantial anchorage may be required in areas of (J 829 mm) above grade, el':cept where constructed completely seismicity, for large firepl aces or where the "'"" " " "'" withil1 the exterior walls. Anchorag~:: shall confo rm to the between floor and roof diaphragms is large. requirements in Section Rl003.4.1. Rl003.5 Corbeling. M nsonry chimneys s haU not be more than one-half of the chimney's wall thickness •!• Fireplaces and chimneys must be connected to floor waU or foundation, nor shall a chinwcy he corbe led and roof diaphragms to prevent overturning during wall or founda tion thnt is less than 12 inches (305 mlll) earthquakes. Chimneys must be anchored at the ceil- unless it proj ects equally on each side of the wall, except ing line of roof and ceiling assemblies and at floor lev- on the second story of a two-story dwelling, corbeling els below the roof. Such anchorage is of lesser Impor- c himneys on the exterior of the enclos ing walls may tan ce where the floor assembly Is 6 feet (1829 mm) or wall thickness. T he projection of a single course less above grade. exceed onc-balf the \mil height o r one-lbird of the uni depth, whichever is less. RI003.4.1 Anchorag!!. 1\vo 3/winch by l -inch (5 mm by 25 mm) straps shall be embedded a minimum of 12 inches (305 •!• Corbeling is the projection of masonry from the· mm) into the chimney. S traps s hall be hooked nrouud the outer face of the wan or fireplace in small increm bars and cxtcncl 6 inches (l 54 mm) beyond the bend. Each strap each course of masonry. The chimney should shall he fas tened 10 a minimum of fou r floor j oists wi th two corbeled more than one-half of its wall thickne 1/ -inch (13 mm) bolts. the wall or foundation. A single course Is not 2 10·10 .I STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full , true and correct copies of Chapter 11 N 11 0 1. I - N ll 01.3 of the 2006 Internationa l Residentia l Code. The same appear of record in my office and said documents are the offi cia l record s from the public office of the Town Secretary of the Town of Lakewood V illage, Denton County, Texas, and are kept in said offi ce. I fu rther certi fy that 1 am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawfu l possessor and keeper of the records in said offi ce. In witness whereof I have hereunto set my hand and affixed the offi c ia l sea l of T he Town of Lakewood Vil lage th is 26th day of March, 20 14. ~d.a~60Q ~bell , TRMC, Tow;'Secretary Town of Lakewood V illage Denton Co unty State ofTexas  CHAPTER 11 ENERGY EFFICIENCY N11 01.1 Scope. This chapter regulates the energy efficiency for the design and construction of buildings regulated by this code. Note: The text ofthe following Sections N1101 .2 through N11 05 is extracted from the 2012 edition of the International Energy Conservation Code-Residential Provisions and has been editorially revised to conform to the scope and application of this code. The section numbers appearing in parenthesis after each section number are the section numbers of the corresponding text in the International Energy Conservation Code-Residential Provisions. N1101.2 (R101.3) Intent. This code shall regulate the design and construction of buildings for the effective use and conservation of energy over the useful life of each building . This code is intended to provide flexibility to permit the use of innovative approaches and techniques to achieve this objective. This code is not intended to abridge safety, health or environmental requirements contained in other applicable codes or ordinances. N11 01.3 (R1 01.4.3) Additions, alterations, renovations or repairs. Additions, alterations, renovations or repairs to an existing building, building system or portion thereof shall conform to the provisions of this code as they relate to new construction without requiring the unaltered portion(s) of the existing building or building system to comply with this code. Additions, alterations, renovations or repairs shall not create an unsafe or hazardous condition or overload existing building systems. An add ition shall be deemed to comply with this code if the addition alone complies or if the existing building and addition comply with this code as a single building. Exception: The following need not comply provided the energy use of the building is not increased : 1. Storm windows installed over exi sting fenestration . 2. Glass only replacements in an existing sash and frame . 3. Existing ceiling , wall or floor cavities exposed during construction provided that these cavities are filled with insulation. 4. Construction where the existing roof, wall or floor cavity is not exposed. 5. Reroofing for roofs where neither the sheathing nor the insulation is exposed. Roofs without insulation in the cavity and where the sheathing or insulation is exposed during reroofing shall be insulated either above or below the sheathing. 6. Replacement of existing doors that separate conditioned space from the exterior shall not require the installation of a vestibule or revolving door, provided , however, that an existing vestibule that separates a conditioned space from the exterior shall not be removed . 7. Alterations that replace less than 50 percent of the luminaires in a space, provided that such alterations do not increase the installed interior lighting power. 8. Alterations that replace only the bulb and ballast within the existing luminaires in a space provided that the alteration does not increase the installed interior lighting power. STATE OF TEXAS ) ) CERTIFI CATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance o f the functions of my offi ce, that the attached instruments are full , true and correct copies of C hapter 15 M 1507.4 o f the 2006 lnte rnational Residentia l Code. The same appear of record in my office and said documents are U1e offic ial records fro m the publi c office of the Town Secretary of the Town of Lakewood Vi!!age, Denton Count y, Texas. and are kept in said office. J fUJ1her certify that I am the Town Secre tary o r the Town of Lakewood Village, that 1 have legal custody of said records. and that I am a lawful possessor and keeper of the records in said office. In witness whereof 1 have hereunto set my hand and affi xed the official seal of The Town of Lakewood Vi ll age th is 26t h day ofMarch, 20 14. ~do~bp QQ ~II , TRMC, Town Secretary Tov.rn of Lakewood Village Denton County State ofTexas  Chapter 15 Exhaust Systems M1507.4 Local exhaust rates. Local exhaust systems shall be designed to have the capacity to exhaust the minimum air flow rate determined in accordance with Table M1507.4. TABLE M1507.4 MINIMUM REQUIRED LOCAL EXHAUST RATES FOR ONE- AND TWO-FAMILY DWELLINGS For Sl : 1 cubic foot per minute= 0.0004719 m3/s. AREA TO BE EXHAUSTED EXHAUST RATES Kitchens 100 cfm intermittent or 25 cfm continuous Bathrooms-Toilet Rooms Mechanical exhaust capacity of 50 cfm intermittent or 20 cfm continuous STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certif-y, in the performance of the functions of my office, that the attached instruments are full , true and correct copies of Chapter 3 1 P3 10 1.1, P3101.1 , P3112.1, and P3112.2 of the 2006 International Residential Code. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. ln wi tness whereofi have hereunto set my hand and affixed the official seal ofThe Town of Lakewood Vi llage this 26th day of March, 20 14. ~cLo~b.e()Q Lind Asoell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas  Chapter 31 VENT SYSTEMS P31 01.1 General. This chapter shall govern the selection and installation of piping , tubing and fittings for vent systems. This chapter shall control the minimum diameter of vent pipes, circuit vents, branch vents and individual vents, and the size and length of vents and various aspects of vent stacks and stack vents. Additionally, this chapter regulates vent grades and connections, height above fixtures and relief vents for stacks SECTION P3104 VENT CONNECTIONS AND GRADES P3104.1 Connection . All individual branch and circuit vents shall connect to a vent stack, stack vent or extend to the open air. Exception: Individual, branch and circuit vents shall be permitted to terminate at an air admittance valve in accordance with Section P31 14. Town Ordinance prohibits air admittance valves SECTION P3112 ISLAND FIXTURE VENTING P3112.1 Limitation. Island fixture venting shall not be permitted for fixtures other than sinks and lavatories. Kitchen sinks with a dishwasher waste connection, a food waste grinder, or both, in combination with the kitchen sink waste, shall be permitted to be vented in accordance with this section. P3112.2 Vent connection. The island fixture vent shall connect to the fixture drain as required for an individual or common vent. The vent shall rise vertically to above the drainage outlet of the fixture being vented before offsetting horizontally or vertically downward. The vent or branch vent for multiple island fixture vents shall extend not less than 6 inches (152 mm) above the highest island fixture STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of lhe fu nctions of my office, that the attached instrw11ents are full, true and correct copies of £3902.12 of the 2006 Internati ona l Residentia l Code. The same appear of record in my office and sa id documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in sa id office. I funher certify that I am the Town Secretary of the Town of Lakewood V illage, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the o fficial seal ofThe Town of Lakewood Vi llage this 26th day of March, 2014. Lin a As elL TRMC. Town Secretary Town o f' Lakewood Vi ll age Denton County State of Texas  Chapter 39 Definition- ARC-FAULT CIRCUIT INTERRUPTER. A device intended to provide protection from the effects of arc-faults by recognizing characteristics unique to arcing and by functioning to de-energize the circuit when an arc-fault is detected. E3902.12 Arc-fault circuit-interrupter protection. All branch circuits that supply 120-volt, single-phase, 15- and 20-ampere outlets installed in family rooms, dining rooms, living rooms, parlors, libraries, dens, bedrooms, sunrooms, recreations rooms, closets, hallways and similar rooms or areas shall be protected by a combination type arc-fault circuit interrupter installed to provide protection of the branch circuit. STATE OF TEXAS ) ) CERTlFJCATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certi fy. in the performance of the functions of my office, that the attached instruments are full. true and correct copies of E3907.2 of the 2006 International Residentia l Code. T he same appear of record in my office and said documents are the official records from the pub!ic office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certif-y that I am the Town Secretary of the Town of Lakewood Vil lage, that I have legal custody of said records, and that l am a lawful possessor and keeper of the records in said office. In witness whereof l have hereunto set my hand and affixed the official seal of The Town of Lakewood Vi ll age thi s 26th day of March, 2014. r--Y2cla ~bJ£. ~~IL TRMC Town Secretary Town of Lakewood Village Denton County Stale ofTexas  Chapte~r 2 and Chapter 39 Definition: WEATHERPROOF. Constructed or protected so that exposure to the weather will not interfere with successful operation . E3907.2 Damp and wet locations. In damp or wet locations, cabinets and panelboards of the surface type shall be placed or equipped so as to prevent moisture or watE;)r from entering and accumulating within the cabinet, and shall be mounted to provide an air-space not less than 1/4 inch (6.4 mm) between the enclosure and the wall or other su pportin~~ surface. Cabinets insta lled in wet locations shall be weatherproof. For enclosures in wet locations, raceways a nd cables entering above the level of uninsulated live parts shall be installed with fitting s listed for wet locations. STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby cettify. in the performance of the functions of my office, that the attached instruments are fu ll, true and correct copies of £3909.8 of the 2006 lnternational Residential Code. The same appear of record in my oftice and said documents are the official records from the public office of the Tovvn Secretary of the Town of Lakewood Village. Denton County. Texas, and are kept in said office. I further certify that I am the Town Secretary of the Tovm of Lakewood Village, that I have legal custody of said records. and that l am a lawfu l possessor and keeper of the records in said office. In wi tness whereof] have hereunto set my hand and affixed the official seal ofThe Town of Lakewood Village this 26th day of March. 2014. Lm a Asbell , TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas  Grounding SECTION E3908 E3908.8 Types of equipment grounding conductors. The equipment grounding conductor run with or enclosing the circuit conductors shall be one or more or a combination of the following: 1. A copper, aluminum or copper-clad conductor.This conductor shall be solid or stranded ; insulated , covered or bare ; and in the form of a wire or a busbar of any shape. 2. Rigid metal conduit. 3. Intermediate metal conduit. 4. Electrical metallic tubing . 5. Armor of Type AC cable in accordance with Section E3908.4 . Exhibit 30 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance o r the functions of my office, that the attached instruments are full, true and correct copies of Article 250 of the 2005 National Electrical Code. T he same appear of record in my ollice and said documents are the official records from the public office of the Town Sec retary of the Town of Lakewood Vi llage, Denton County. Texas, and are kept in said offi ce. I rurther certify that I am the Town Secretary of the Town of Lakewood Village. that I have legal custody o f said records, and that l am a lawful possessor and keeper of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 20 14. ~rln..Y'Jal]&O ~sbell , TRMC, Town Secretary T own of' Lakewood Village Denton County State of Texas  ARTICLE 250 - GROUNDLNG AND BONDING 250.52 The neutral conductor shall have an ampacity of not together to form the grounding electrode system. \VJ1cre less than the maxi mum current rnting of the grounding im- none of these grou nding electrodes exist, one or more of pedance. ln no case shall the neutral conductor be smaller the grounding electrodes specified in 2SO.S2(A)(4) through than 8 AWG copper or 6 AWG aluminum or copper-dad (A)(7) shn11 be installed and used. alumi num. Hxception: Coucrete-enc:ased electrodes of existinR build- (C) System Ncutrul Connection. Th~ systt:m neutral con- ings or stnu:tures s/Ja/1 not be required to be part of the ductor shall not be connected to ground except through the gmu11di11g electrode system whe re tft e steel reinforcillg bars grounding impedance. or rods arc not accessible f or use without diswrhing the FPN: The i m pccl~nce is normally selected to limit the cone ret e. ground-Hmh cumnt to a value slightly ga::atcr than or equal to the t:upadtive charging current of the syste111. l11is valu~: of 250.52 Gr ounding ~lectrodcs . impcduH<:c \\'ill also limit transient uvcrvoltoges to safe values. For guidance, refer to criteria for limiting transient ovcrYolt- (A) Electrodes Permitted for Grounding. agcs in ANSIIIEI.lli 142-199 1, Recommended Pmcticl! for Grou11tfing of Industrial and Commercial Power Systems. (1) l'vlctal Under grouucl Water Pipe. A metal under- (D) Neutral Conductor Routjng. 1l1e conductor connect- ground water pipe in direct contact with the earth for 3.0 m ing the neutral poi nt or lhe transformer or generator lo the (10 ft) or more (i ncluding any metal well casing effectively groundi ng impedance shall be penn itted to be install ed in a bonded to the pipe) uod electricall y continuous (or made separate raceway. It shall not be required to run this con- electricall y continuous by bonding around insulating j oints ductor wilh the ph11sc conductors to lhc first system discon- or insulating pipe) Lo the points of com1cction of the necti ng mcilns or ovcrcurrent device. grounding electrode conductor and the bonding conductors. Interior metal water piping located more than i .52 m (5 ft ) (1~) Equipment Uonding Jumper. The equipment hand- fro m the point of entmnce to the building shall not be used ing jumper (the connection between the equipment ground- as a part of the grollnding electrode system or as a conduc- ing conductors ami the grounding impedance) shall be an tor to interconnect electrodes that arc part of the groundi11g unsplicecl conductor mn from the first system disconnecting electrode system. means or overcurrem device to lhe grounded side of the grounding impedance. Erception: 111 industrial and commercial buildings or (F) Grounding Electrode Conductor Locatiun. Th ~ struclttres wlzere conditions of maintenance and supervi- g rounding elt:ctrode conductor shall be att ached nt any sioll ensure that only qua f(fied pe rsons service the installa- point from the gmunded side of tbc grounding imped:mce tion, interior metal ll'afer pipi11g locm ed more than 1.52 m ro the equipment grounding connection at the service (5 Jl) .fmm tile point of entrance to the building shalf be equipment or first system disconnecting mea ns. pen ni fled as n part of the grounding electrode system or as rt conductor to intercmmect electrodes that are part of the (G) Equipment l.londing Jwnper Size. The equipment gmundinl! efec/rocle system, providt!d thar tire enn·re lengtlr, bonding jumper shall be sized in accordance with ( I) or (2) mlrer th1111 short sections passing pe1pe11dic11lar through us fo Uows: walls, floors, or ceili11gs, of the illlerior metal ll'ater pipe (l) Where the grounding electrode conductor connection is thm is being usee/ for the coudztctor is exposed. made at the grounding impedance, the equipment hunc.l- ing j umper shall be sized in accordance with 250.66, (2) Met:1l Frame of the Duildlng or Structul'e, The metal based on the size of the service entrance conductors for fro me of th e building or structure, where any of the follow- a service or the deri ved phase conductors for a St!pa- ing methods are used to make an eat1h connection: rately derived system. ( I) 3.0 m ( I 0 ft) or more of a single structural metal mem- (2) Where the ground ing elcctrocle conductor is connected ber in direct contact with the earth or encased in con- at the first system disconnecting means ur ovl!rcu n-cot crete that is in direct contact with the earth device, the equipment bonding jumper shall be sized (2) The structural metal rrame is bonded to one or more of the smne as tht! neutral conductor in 250.36( B). the grounding d cctrodes as defined in 250.52(A)( I), (A)(3), or (A)(~) III. Gl'Ounding Electrode System ancl G rounding (3) The strucnmtl metal frame is bonded to one or more of Electrode Conductor the grounding electrodes as defined in 250.52(A)(S) or 250.50 Grounding Electrode System. All grounding elec- (A)(6) that comr ly with 250.56, or trodes us described in 250.52(A)( 1) through (A)(6) that are (~) Ot her approved means of establishing a connection to present at each building or stmctmc scn ·cd shall be bonded earl h. 2005 Edil ion NATIONAL ELECTRCCAL CODB 70- 101 2.50.53 ARTICLE 250 GROUNDING t\ND BONDING (3} Concrclc-Encuscd Electrode. An electrode encased (A) Rod, Pi11e, and Plnte Electrodes. \Vhere prncticable, by a1 least 50 rnm (2 in.) of concrete, locmed within and rod, pipe, aml pint~:: electrodes shall be embedded below per- near the bonom of a concrete foundation or footing that is manent moisture level. Rod, pipe, and plate electrodes shall be in direct contact with the enrth, consisting of at least 6.0 w free From nnnconductive coatings such llS paint or enamd . (20 fl) of one or more bare or zinc galvanized or other (R) F.Jcct•·odc S p adng. Where more than one of the clec- electrically conductive coated steel reinforci ng hars or rods lrotlcs of the type specified in 250.52(/\)(5) or (1\)(6) are of not less thn n 13 m rn ('/2 in.) in diameter, or com;istiug o[ used, each electrode of one grounding system (including at least 6.0 m (20 fl) of bare copper conductor not smaller thai used fo r air terminals) shall not be less than 1.83 m than 4 AWG. Reinforcing bars shall be permitted to be (6 ft) from any olhcr electrode of nnother grounding sys- bonded together by lhe usual steel tie wires or other elicc- tem. 1\vo or more grounding electrodes thar are efl'ectively 1iw. means. bonded together shall be considered a single grounding (4) Ground Ring. A ground ring encircling the building or ch.:etrode system. stmcture, in direct conlnct with the cnrlh, consisting of at (C) Bonding J umper. The bonding jumper(s) used to con- least 6.0 m (20 ft) of bare copper conductor not smaller nect lhe groundiJtg electrodes together to form the ground- than 2 AWG. ing electrode system shall be iustnUcd in nccordance with 250.64(A}, (B), and (E), shall be sized in accordance with (5) rtod and Pipe Electrodes. Rod and pipe e lcctrod~s 250.66, ami shnU be con.nectcd in the manner specified in shall not be less than 2.5 m (8 f!)'i.11 length and shall consist 250.70. of the followi ng matcrjals. (D) Metal l.Jndergronnd Wntc•· Pipe. Where used as a (a} Eleclrodes of pipe or t:ondu it shall not be smaller grounding electrode, metal underground water pipe shaU than mcuic designator 21 (trade size 311) and, where of iron meet the requirements of 250.53(D)(l ) c determined by the largest sum the raceway or enclosure to the grounding electrode conduc- of the areas of the corresponding conductors of each set tor. Honding shall apply at cac.b end and to all intcrvcuing 2. Where there are no servtce-enlrullce couductors, the grounding elec- ferrous raceways, boxes. and enclosures bc!tween the service lroclc rondudor size shall be determined by the equivalent size of the equipment and the grounding electrode. ·n,e bonding jumper largest scl'\•icc-entrnnce conductor required for the load to be wr.·ecJ. for 11 grounding electrode conductor raceway or cable armor "This table also applies to UlC dcrh·ecJ conductors of sepnrately dt:· rived uc systems. sha ll be the same size Hs, or larger lhan, the required enclosed bScc inswllutiou re~lric ti ons in :l50.6,1(i\). grounding electrode conductor. Where a raceway is used as pt·oteclion for a groundi ng electrode conductor, the installation shall comply with the requirements of the appropriate raceway :U1idc. (A) Connections to Rod, Pipe, or Plate Eleclrodes. Where the grounding electrode conductor is connected to rod, pipe, or (F) To Electrode(s). A grounding electrode conductor plate electrodes as pe1mitted in 250.52(A)(5) or (A)(6), that shall be permilled to be run lo any convenient grounding p011ion of the conductor that is the sole connection to the electrode available in the grounding electrode system, or to grounding electrode shall not be required to be larger than 6 one or more grounding clectrodc(s) individuaUy, or to the AWG copper wire or tl AWG nlumi.Jum1 wire. aluminum or copper busbar as permitted in 250.M(C). The (B) Connections to C oncrete-Encased Electrodes. groundi ng electrode conductor shall be sized for the largest grounding elecu·ode conductor required among aU the elec- Where the grounding electrode conductor is connected to a conc.:rcle-cncnsed electrode ns permitted in 250.52(A)(3), trodes connected to it. that portion of the conductor thnt is the sole connection to 250. li6 Size of A ltcrnntin~· C urren t Gl'Ounding Elec· the grounding electrode shnll not be requi red to be larger !rude Conductor. The sb:c of the gruunding ek ctrode con- lhan tJ AWG copper wire. ductor of a grounded or ungrounded ac system shall not be (C) Connl!ctions to Ground Rings. Where the grounding less than given in Table 250.66, except as permitted ln electrode conductor is connected to a ground ring as permitted 25U.66(A) through (C). in 250.52(A)(4), d1at portion of lhe conductor that is the sole FPN: See 250.2<1(C) for size of ac system conductor brought connection to the grounding electrode shall not be required to to servic~ equipmenl. he larger than the conductor used for the ground ring. 70-10 1 NATIONAL El.ECllUCAL CODf: 2005 Edition Exhibit 31 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instmments are full, true and correct copies of the email and attaclunent from Linda Asbell to Alan Hoffmarm dated March 12, 2014. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary ofthe Town of Lakewood Village, Denton County, Texas, and are kept in said office. I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office. In witness whereofi have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day ofMarch, 2014. linda Asbell From: Linda Asbell < linda@lakewoodvillagetx.us> Sent: Wednesday, March 12, 2014 5:01 PM To: 'Ala n Hoffmann' Cc: 'Harry Bizios' Subject: RE: 3950 Spi nnaker Run Pt Attachments: 2014 _03_12_16_29_29.pclf Alan, Attache d is the doc11ment we discussed. This is a letter JJrepared by the Town /\ttorney and directly relates t o your questions. 1\s I sta ted In our conversation, the bu ilding permit approval process was delayed because your HVAC contractor postponed regist rat ion. Regist ration of all subs is a requirement of the perm it re lease . The pl ans were approved on 111 February 6 • The permit is ready for release upon receipt of the build ing per mit fee and attenda nce of a ma ndatory pre- construct ion meeting (origina lly scheduled for February 19'h). /\II pre-construction meetings are sched uled for Spm . Let me know your availability and I will be happy to reschedule th e rnee ling wit h the building inspector. Please review t he attached document and let me know if you have any questions. Linda Asbell, THMC Town Secretary 972-294 -5555 (direct) www.lakewoodvillagetx.us Ll~ r EWOOD - ~-VILLAGE From: Alan Hoffmann (mailto:alan@alaohoffmanncompaoy.com] Sent: Wednesday, March 12, 2014 3:47PM To: Linda Asbell Cc: Harry Bizios Subject: Re: 3950 Spinaker Run Pt linda, First of all. The building inspector never approved the plans. After th e lengthy wait of your permit process, I began to do some legal research with regard Lakewood Village's ability to review plans. My client and I believe you have misrepresented your authority to the ETJ residents and it is my understanding and the property owner's understanding that you have no right to review plans, collect fees, inspect or visit construction sites in your ETJ. So 1will be sending a courier tomorrow to pickup all plans and engineering with respect to this project and any entrance by your ci ty's representatives, inspectors and or employees will be considered <111 act of trespassing.  MESSER, CAMPBELL. & BRADY 1\ lJM11f ll LrA!JH 11'>' I 'AflJNfnt>I/IP ATfORNEY!::J 6351 PRESTON r~OAD. Stun~ 3fi0 FRISCO, TtrXA.S '/00311 972.424. 1:<00· I ELEPHO/'ll: 972.424./244 ·FACSIMILE' ll'lt'll'.llt<'IJJn,,·Jirm.lll!( August 7, 2012 Via electronic mail: Wllillllllllllllll!!!!!!!lli!!!!!ili!llllllllliiiiiiiiiiiiiiD Rc: Town of Lalwwood Village's authority to enforce building regulations in its Ji:xtratcrritorial Jurisdiction Mr.--18 You recently inquired as to the Town of Lakewood Village's authority to enforce building regulations in its ExtratctTitorial Jurisdiction. This brief memorandum serves to respond to yo11r inquiry. Texas municipalities have been granted tlu.: statutory authority to apply by ordinance their subdivision regulations, including platting, building standards and pennilting, in their extraterritorial jurisdiction ("ETJ"). Texas Local Government Code Section 212.003 states that: § 212.003 Extension of Rules to l!:xtratcl'l'itorial Jurisdiction (a) The governing body of a municipality by ordinance may extend to the extraterritorial jurisdiction of the municipality the application of municipal ordinances adopted under Section 212.002 .... Scctit1n 212.002 of the Local Government Code stales that ''the governing body of a municipality may adopt rules governing plats and subdivisions of land within the municipality's jurisdiction." Other Local Government Code provisions support the right of Texas municipalities to enforce subdivision regulations in the ETJ. For instance, Section 214.904 governs the application of pern1its required by a municipality to erect or improve a building m· structure in the cmporate limits or ETJ. Similarly, Section 242.001 govems interlocal agreements by a municipality to regulate subdivision plats and pennits in the ETJ. Additionally, Section 233.153(c), which addresses county building regulations in unincorporated areas, specifically stales that "if u municipality located within (1m unincorporated area of a county] has adopted a building code in the municipality's extmtcrritorial jurisdiction, the building code tlllopltul hy the muoiclpalily con/ro/.1· and building code standards under this subchapter have no effect in the municipality's extratcn·itorial jurisdiction." (emphasis added). Therefore, the Town's regulations in its ETJ control over Denton County's regulations.  In interpreting the extent of this statutory authority that has been granted to munieipalities, courts in Texas have repeatedly upheld the ability of municipalities to regulate subdivisions and enforce ordinances in their ET.I. /lnrtse/1 v. Town ofll·t!ty, 130 S.W.3d 325, 328 (Tex. App. - Dallas 2004, pet. dcnied)("ordinances regulating development, such as those specilying design, construction and maintenance standards may be extended into a city's extraterritorial jurisdiction"); l.evy v. City 4 Plano, 2001 WL 1382520, *2 (Tex. App.- Dallas 2001, no pet.)(City could apply subdivision regulations to property in its ET.I); City of Lucas v. North Texas Municipal Wafer Dis!., 724 S.W.2d 811, 823 (Tex. App.- Dallas 1986, writ rePd n.r.e.)(city has statutory authority to extend its subdivision ordinances and ordinances regulating development, such as those specifying design, construction and maintenance standards, to its cxtratelTitorial jurisdiction). The Supreme Court has noted that the purpose of plalling aml subdivision regulations is to "ensure that the subdivisions are safely constntctcd and to promote the orderly development of the community." City poscd dc:vdop:ncnts arc considered rca;onnbl ~ and accura:e for regnluiory purposes flrld ~r~ hust:d on l h ~ b::st u vni l ~ bl e scic::ntilic and enginc:c:liiig, data. Or. rare occuoiL•ns gr~atcr noods can and wi ll occur ant! flood h.:i ght~ may be incn:aseJ by mun-made or natuntl causes. l.c:s u m t~e ·)fa Developmen I l'~nn it in act:ordancc wtth the !J ~nton C<1tlnt_:( Fiood Damag;: Prcvcn:i•)n UrJtmtncl.' does not imply thut developmer:t outsith: the Hr::.t~ l' f opt:c.id ilcut! h:uard wll! b~ !rec frum lloodinJ nr llo,,d damagt:. ls5u.m.:t: uf a ~:-mit shall not create li:tbi lity on th~ part of Denton Count} or o~.ny office~ or ~mployee vi' O~nto!l County in L1 ~ n nf impro·.~mcn t s shou!:J not b~ co m mcn c~d al tile ~\Jove location llnttl the 0 \\1U:r/Applicnnt is in comp!luncc with u\1 upp l i cub l ~ n:gt..l rt:garcting 1:o•1dp!ain nr~nag~ment. suhdivisi0r. pl~! ll ing, aud N<: int; ~br the govcmrncnl of O.:ruon County. This pcrrni: docs O(J( wai,·t> ttn) other r"stric:ions or r.:gulat.ou~ imFos.:u privatdy ur hy Jaw ,-\ppli..:ant v~riik; that st:~rn:: h3s sigm:d this a pph~:mi" n 111 :he .:apudt; dc:sigra:.:d. if any, ami further wesL~ that shc•'he bas rei!d tht> ducumcnl. und thtil the .>t;\l.:mcnt contained h~ re i n arul auy al tach ru~n ts ore t ru~ . accurate unll facrual. VIola tion ay r esult in Applicant being pros~c utcd u n d~r Tu as P~n a l Cod<--- - Cuhen l-'cm1it: # R. JS £ ((~/(;~~J~ : ~~ ~ ·?J: ~-. ~·t;: De nto n Cou nty Plan ning Depa rtment \ "'':...e-t..~-t (940) 349-2990: Main • t940) 349-299 1: Fax 1505 [ . Mc K inney S t, Stc 175 , O~ntnn, rx 7620lJ-4 81D ' -.!'...!~;!.0.:, .! , (9 71 ) 43 -l -8868: Metro • www_deotoncou n ty.co~ ~ I . .. .. ····· ··· ·"-·· ·· ·- ·' · :... - ,)  EXIIlAfT [ 3960 Spinnalccr Run Pointe_ , Du=; 02111114 1\SC 1\"Ct. PlOT rLAN A rthur Surveying Co, I Llmd--...,...,.. , . ,1 ' - . r -- J...!WaV11U )J.UF.bnSt.,MlM f.rwt.nillc, TX1~1 F"U)001'H)T'J• kio•"'"'"..... "'"' .. """""'"'._...,_.....,.. .. ~~ .. MI. 97t.l11 ,.. u trn,-fh~, --~~-.l!rltt-.....J~~Aw'c'J'\ot.:S TFJ.N',I(I()o\l10J ..._._.._,c:-r,_.~44J1,0l i 'G.S~~WC~~C.:daf'"""' 1 '3 1 1. ..,_~.--wG:az-. T i\.~'1-.•J.r  ..' . ..:l ·; .? ,l f ., ".: . ' ; / .. ,. ': ~ I ."I •' , •"i· {;, .#! • ,~ I ..f 'I I : i I • ~I . II ·. . I~,.... I· ' . I~ . .~ . 1 ; ., •. "·: , / I I / ) / ,_ AI1i\..L~ HOFFl\1:Al\TN CO!.\IPA..~Y ., PH D ~ -:z - ')- :-£: {\!) _., ~ :cl BfZI OS TIESIDENCE >: co ;] CJ,;l :.< ;?'l J'W'i i\Uil\.1 11())11': LH~<; I G:-1 Y. ..:; II\ 1.\1\.'t'l~\AI• .::,;;; ~ p 3!Jf:>O Sl>i NNAJ.illn lU.:~ POJ~'J'l~ HD .• ,, •• ,'t ' """" ....._ 1"'...);.•~ - i'Ntlt'lll ~  DENTON COUNTY NOTICE OF RESIDENTIAL CONSTRUCTION ;t-ot y o /¢.3 IN UNINCORPORATED AREA Perinit # BUILDER/CONTRACTOR INFORMATJON. COMPANY NAME: J !M AHJJ ~.f~ C.~ ~.Cf:Jk /~ ·~=~~~~1S TUNG ADDRESS (IF DIFFERENT): PHONE ~ER: tfo!i·:>?i- 00 { [ EMAIL ADDRESS: IL,JjpA.~J;;.~ ~ FAXNUMBER:M.1*b {lfy CONTACI' PERSON: _ _._A..::;;.I-A....:.::..:..vV_....:./,bg~~~ ~=Nl'I.1...L-·------- P ROJECf JNfi'ORMA TION iiyP.E OF CONSTRUCDON: (CHECK ONE) [)c}Ncw Res idential Construction on Vacani:'i .ot [ ) Adclition to an Existing Residential Unit LOCATION ADDRESS (INCLUDING ZIP CODE): OR LOT AND BLOCK #--~DC-~Y__ ' _,b=-~ -=-.;!=::::!=----' J&0o zP.tvrJJJ ~ R""' ) r/a ·#rt. WBDJ.YI;SION:5iJ/l}&~. ~ /]J }~ f.a..v?~\t1Hi, j/-J~=r 1-1; .GL -~'<';~ 72C>.f.,l{ SURVEY: - --y-- - - -- - - - --- TRACT: -T-/_______ _ PLANNED DATE TO BEGIN CONS'IRUCTION: tl 7"y7' ->t~W<. <-:.-.' -=,;),;._ _;6:r,.: t.u....=...__,;k;~ c...;;;l'------------- RESIDENTIAL CODE TO BE USED IN CONSTRUCTION: (CHECK ONE) Kl iNTERNATIONAL RESIDENTIAL CODE - p ublished May I, 2008 [ l iNTERNATIONAL RESIDENTIAL CODE - applicable in Denton A  \: · 0 0 CP,.o"'~ .;C~; I?U :. o'.. • .. . ,- ,. o •o, N ~ ~ .. P..£9.....2:!.:.!..; PQ t~T~ R 0 .4t;J r. o• ,· ; I - ~ iI i/:;~~~~ .. , ..,.·-...... ...... . .... !; . • · •uo.n, ..., -: :. I . ~ I I , ~ •, J I ...1 ' • L u t l ,_-,, • I _J 'lir,.J .. •,· (.. T :· I I . ~ i. .~ ,· ~ r-·-~ I u .. l .~· :: 0 "" .-. . .." I ( .- ;I I: L u (j II ._ !: u / I I. - u > :!: AL"'"lli IIOFil1\'Lt\_'\1N C0::\1F1L~' BIZIOS RESIDENCE PHD g> -;z ...,_ w -c i: :.< PESflUSKl 110:\IE Ul!."5lGN 00 til I)AI.l.o\t,'I"~S ~ c..a;. ~ "'p 3~)50 SPl NAKER HllN POll\11'E BD l'ffUti2"(t iD)CIItMa> PA.l. (t'f) r:f . .  Little El 0 Little El SPINNAKER BAY POINT This product is for infonnatlona I purposes and rre y not have be en prepared for or be surtable for legal, engineering, or survey111g N purposes. It does not represent an on-thll"i)rou nd survey and repreaents only the approximate I 0 115 230 relatr.e location of property boundaries Oenbn County does not guarantee the correctness or accuracy of any features on 1his product and http :1/gis. den toncou nty.com assumes no responsibility tn connection therewfltl .,.· .--:•.;_ : : ., '" )',.•1 j, ·~ - : This product may be revise d a t any time without nofificsttOn b any user.  OH :il.I.NJOd ~flH H:!P.LVNidSOr;t;f; ':!:L)NJTCifS~'IH SO I'Z lH OHd .\XVl)fV'JlcTSl O!ilit ra '-.:!" .~!Jl"'·Hf [{~flfll)l~ Jll ii:•lol ~·LJ~~~l< I I S~lH SC)lZ 1\:-[ ~ --k OHd A.N Vd ~\:"Q) t'.:NV 1·\Idil 0 I I .\: V' [ V ·n ~ < > lr===fl~ r=l ~~~~ :) I  ....... ~ • ' ~ ~i ICt'e"tiO ' •' · ~ld ;.;; ...... S~J."\"TTVD - ~ ~ ~ X ,..;;otS!IO :!H\:OH .ffi'i.1JJ:s:!Iti ~ 1 :- = ..... OHd 1IIUIIIII I. . , . ·- . . x ~ e~~~ i'1 i~ G.;~~ ~s~~-a~ ~~~~~li~ ~i:i~~ i~~·~o~~?~iQ~~~~~iAB~~~~ -~~iy'~~~,~,g la3t•l·,~r. 1.a! i§~gs~~-i8~~~e~~ f_ ~. §~ ~i~ ~~-2a~~N;dr ~ .'i' ~ v~~~~~~p~fi~~~~~~~~:~Ig!~ . ~ ..~ , ~9~6~ " -~~ ~< • -~ a.~a~ ~ ~ ~ :;.. ~- br ...J < . (..) cr.· . .:: . ! 8~ rf.). g~g'!~~~~~~E;~~~~~-~~~~~ \ f, I) •. ., -·" ~a~ · • .. li ~~e u ~ ~ " t •' .i •f ~ l s~ l I l >'I! j~ - il, o l~g>~• .,. oil? J nq" ~~~§~g~~ ~~R~!2iit~!~~~if I . ~T~· .1 .j. .~~-- --. 5 b• . 3~- - 1 . _I l rql I II I ,, I~ • I I''• .... - " I .. ~  ..., ..... tUO"-:.A I ~"(V.I ¥~-..-.o c• • • uon lol ({U :•f,L\lOd X.1U UJ"DJV~l:•M '- ~~-t; >K~H1TS~IH SOI'ZJ H ~ - :::; ,....... I ~ ~ ('- ~ 0 a Hd ANVdf\TO.J ~Vl\IJldOli NY'1Y :r. < tiUIUIUu ~ ' • ' e .·· . ...... .I• I I I I .····· .l....·f' ......······.. ...-···· ·. ·-··--.... ·.j i ....·· .' ....._! ! I .. I  1'1.\N\'u 11,\TI. ::. ":. II IOOHU r - -- •1 '•~---... NOTF.S I >;tJ\'I'LY ~·.n,.. •\ll.:tlft.'1 ui.AI''f f , ~ . lo l•l 'tt;Al ;.-; (;;) ..... .• !3c. (. """'.J;''';. ;,.r:t.~ ,:-.,.,.c jU~ot,;.r .'\•,.; ~·It,..,, '•~ ._ .-£py..,.,... , .. C'-"h't:.. ... ~ I'' Ht Ll'f, } ..... c~-..~.,\, .:.' ;,"n;. ,..;.~ A•C · , .._ ,~,.t::t•C&.t'\f~ '!,:ftJ.U . I:'{ \.,'U•~~.. A.. ol: 0 L., .::rf+ JII"I•...C~OGt:S If hl::~O:? ~~ \ Y••t·l,.' ~IIM:OriHl~ +l(;u;u(vA'!•)h"'\'1 ~E.-~l.' Lr.'• .all(t. "'"-!.lot."' '•'lol' 1.11fV.- H;('· J'i~"r..l ;;.... CH tt .. ,t...t f • llii 1C['J • 'lt' ••·;,.->l",#'tli 1t.)~ •LCot(l "' 1,1 I Q ,_ \ 0 -,\I•..... A ~ ~ • • .1 •41-r.JR.IJ P[."~;,..:.c;,;..:;.c~. .. •at.AAU ·• I~,_,... :t. Mir".,.•l,.~ """''- : ""' ~~ 1~· I'• ...... '' ..c ...~· ..; ,,.,, D. s...::2 ~ ...... -~ ...r~·.(ifl, CI07 • ,,,.., ,...._.r.: ....... t tT:.1tai:l F~1~36 SECOND F L OUR A I C 13b., 2 29 - -.· ·-·..!-..- ~ -1 LDFl TOTAL LIVING 7 134 - ~- __:o • G A RAGE:S 2 C ARS 6 I B "'. 2 CARS S H Dr 61 B 221 P OR C H ES EI~ TRV - GATE I 75 F'NTRY - FRONT UUOR I 23 '. PRIVATF BACK St•GL.C V n LUME B GARAI3E6/ PDRCHEB 2 6 13 ..a T OTAL UNDER ROOF' 9947 PLAN OVEltVlE'V St:A LE: :1~1::!" I' SEC0:\1 ) VLOOH A- 1  • DENTON COUNTY CULVERT/DRIVE PERMIT APPLICATION Landowner: fj-oJ-.; (b. .rz~ o~ Phone: Mailing Address: 7 3 ;2. ~ ~CiS -It, ...... ~ })q 1195 Jx Street Cit y State Zip Contact/Installer Name: _ _ _ _ _ _ _ _ __ Phone: Road Name: _ _ _ _ _ _ _ _ _ __ R# l g;).I.e 59 Location Description:_ _ _ _ _ __ _ _ __ _ _ _ _ _ _ _ _ _ __ Will a septic system be installed on the property? _lo.J!,_o:;___ __ Is there an existing septic system? 'jc ( (This will be verified by the inspector.) For Official Use Only ,..., __.-- Permit Fee: $15.00 paid by: Check# () 4 3 ':! or Cash 1...!:r Receipt# 37 oo I Development Permit# - - - - - - - - - - - - - RB West RBEast.;L_ It is understood that this is not a permit and is only an application for a permit once the following requirements and conditions have been met. This application expires after 60 days. A COPY OF THIS DOCUMENT MUST BE POSTED ON SITE ocument and the culvert process instructions. Applicant Signature: Wll.:.I-41'J.J...-.I,~rWH'+-:.,..L..---·Printed: Jt ~ ~~J Date: I ) J. :;LJ I Lf For Inspector Use Only Pre~insp: _ __ _ _ Staked: _ _ __ _ _ Grade insp: - - - - - - - Form insp: Final insp: Free lnsp: _ _ _ _ _ __ Nmes: - -- - - - - -- - -- - - - - - - - - - - - - - - - -  This product is forinfonnotional purposes and ITI!Iy not have been prepared for or be suitab4e for legal, engineering, or survoylng N purposos. lt does not represent an on· th&iJround aurvey and repmsanta only tho approximate I 0 80 160 320 nslatlw location of properly boundaries. ~~~iiiiiiiiiiiiiiiiiiiiiiiiiil~~~~~~ Feel Donbn County does nat guaranllla the correctness or accuracy o f any features on this produ ct and http://gis.dentoncounty.com asaumes no re>ponsibility In oonnection therewith. This product m ay be revise d a t any time withou t notification b any user. U.S. OEPAF<.TMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEI~ENT AGENCY ELEVATI ON CERTIFICATE OMS No. 1660-0008 National Flood fnsurcmcc Program Important: Read the instructions on pages 1-9. Expiration Date: July 31, 2015 SECTION A- PROPERTY INFORMATION FOR i~JSUJ~NCE COMPANY USE i\1 Building Owner':; Name Policy Nurnoer: A2. Building Street Address (including Apt., Unit, Suite, andfor Bldg. No.) or P.O. Route and Box No. CcmpanyNAIC Numbe r: 3960 Spinnaker Run Point --- City Little Elm Stale TX ZIP Code 75066 A3. Properly Description (Lot and Block Numbers, Tax Parcel Number. Legal Description, etc.) Lot84. Block 1 of Sunrise Bay at Lake Lewisville- Tax Parcel Number 182659 ----- A4. Building Use (e.g.. Residential, Non-Residential, Addition, Accessory, etc.) Residential AS. Latitude/Longitude: Lat. 33. 14809 Long. 96.96500 Horizontal Datum: 0 NAD 1927 0 NAD 1983 A6. Attach at least 2 photographs of the building if the Certificate Is being used to obtain Rood insurance. A7. Building Diagram Number 1 B A8. For a building with a crawlspace or enclosure(s): A9. For a building with an attached garage: a) Square footage of crawlspace or enclosure(s) n/a sq ft a) Square footage of attached garage nla sq ft b) Number of permanent flood openings In the crawlspace b) Number of permanent flood openings In the attached garage or enclosure(s) within 1.0 f oot above adjacent grade nfa within 1.0 foot above adjacent grade n/a c) Total net area of flood openings in A8.b n/a sq in c) Total net area of flood openings in A9.b nfa sq in d) Engineered flood openings? 0 Yes {8! No d) Engineered flood openings? 0 Yes 181 No SECTION B- FLOOD INSURANCE RATE MAP (FIRM) INFORMATION rDenton 81. NFIP Community Name County- 480n4 & Community Number I B2. County Name Denton I ~.State 84. Map/Panel Number B5. Suffix 86. FIRM Index Date B7. FIRM Panel 88. Flood 89. Base Flood Elevalion(s) (Zone I 48121C0415 I G 4-18-2011 Effective/Revised Dale 4-18-2011 810. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth entered in Item 89. Zone(s} AE AO, use base flood depth) 537 0 FIS Profile !81 FIRM 0 Community Detem1ined 0 Other/Source: _ _ B 11 . Indicate elevation datum used for BFE in Item B9: 0 NGVD 1929 181 NAVD 1988 0 Other/Source: _ _ 812. Is the building located in a Coastal Barrier Resources System (CBRS) area or Otherwise Protected Area (OPA)? 0 Yes l8l No Designation Date: _ _ 0 CBRS 0 OPA SECTION C- BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) C1 . Building elevations are based on: !81 Construction Drawings• 0 Building Under Construction• 0 Finished Construction •A new Elevation Certificate will be required vlhen construction of the building is complete. C2. Elevations- Zones A 1-A30, AE, AH, A (with BFE), VE, V1-V30, V (with BFE). AR, ARIA, ARIAE, ARIA 1-A30, ARIAH, ARIAO. Complete Items C2.a-h below according to the building diagram specified in Item A7. In Puerto Rico only, enter meters. Benchmark Utilized: Vertical Datum: Indicate elevation datum used for the elevations in items a) through h) below. 0 NGVD 192& 0 NAVD 1988 0 Other/Source: Datum used for building elevations must be the same as that used for the BFE. Check the measurement used . a) Top of bottom floor (including basement, crawlspace, or enclosure floor) 539.00 0 feet 0 meters b) Top of the next higher floor 0 feet 0 meters c) Bottom of the lowest r.orizontal structural member 01 Zones only) 0 feet 0 meters d) Attached garage (top of slab) 0 feet 0 meters e) Lowest elevation of machinery or equipment servicing the b uilding 0 feel 0 meters (Describe type of equipment and location in Comments) f) Lowest adjacent (finished) grade next to building (LAG) Ofeet 0 meters g) Highest adjacent (finished) grade next to building (HAG) 0 feet 0 meters h) Lowest adjacent grade at lowest elevation of deck or stairs, incluaing structural support Ofaet 0 meters SECTION D- SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor, engineer. or architect authorized by law to certify elevation information. I certify the/the infonnation on this Certificate represents my best efforts to interpret the data available. 1 undersrand that any false statement may be punishable by fine or imprisonment under 18 U. S. Code, Section 1001. 0 Check here if comments are provided on back of form. Were latitude and longitude in Section A provided by a 0 Check here if attachments. licensed land surveyor? 0 Yes 181 No Certifier's Name Douglas L. Arthur License Number 4357 Title RPLS Company Name Arthur Surveying Company State TX ZIP Code 75067 Telephone 972-221-9439 See reverse side fo r continuation . Replaces all previous editions.  ELEVATION CERTIFICATE • page 2 IMPORTANT: In these space s, c o py the c orresponding information from Section A. FOR INSURANCE COMPANY USE Building Street Address (including Apt, Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Policy Number. 3960 Spinnaker Run Point City Little Elm State TX ZIP Code 75068 Company NAIC Number: SECTION D- SURVEYOR, ENGI NEER, OR ARCHITECT CERTIFICATION (CONTI NUED) Copy both sides of this Elevation Certificate for (1) community official, (2} insurance agent/company, and (3) building owner. Comments Signature For Zones AO and A (without BFE), complete Items E1-E5. If the Certificate is intenaed to support a LOMA or LOMR-F request. complete Sections A, B. and c. For Items E1--E4, use natural grade, If available. Check the measurement used. In Puerto Rico only, enter meters. E1. Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent grade (HAG) and the lowest adjacent grade (LAG). a) Top of bottom floor (including basement. crawlspace, or enclosure) is _ _._ _ 0 feet 0 meters 0 above or 0 below the HAG. b) Top of bottom floor (Including basement. crawlspace, or enclosure) is _ _ . _ _ 0 feet 0 meters 0 above or D below the LAG. E2. For Building Diagrams 6-9 with permanent flood openings provided in Section A Items 8 and/or 9 (see pages 6-9 of Instructions), the next higher floor (elevation C2.b in the diagrams) of the building is - - · - - 0 feet 0 meters 0 above or 0 below the HAG. E3. Attached garage (top of slab) is - -·- - 0 feet 0 meters 0 above or 0 below the HAG. E4. Top of platform of machinery and/or equipment servicing the building is - - · - - 0 feet 0 meters 0 above or D below the HAG. ES. Zone AO only: If no nood depth number is available. is the top of the bottom floor elevated in accordance with the community's floodplain management ordinance? 0 Yes 0 No 0 Unkr:own. The local official must certify this Information in Section G. SECTION F- PROPERTY OWNER {OR OWNER'S REPRESENTATIVE) CERTIFICATION The property owner or owner's authorized representative who completes Sections A, 8, and E for Zone A (without a FEMA-issued or comm unity-issued BFE) or Zone AO must sign here. The statements in Sections A, B, and E are correct to the best or my knowledge. Property Owner's or Owner's Authorized Representative's Name Address City State ZIP Code Signature Date Te lephone Comments -------------------------------------------[] Checkhere~attachmenffi. SECTION G- COMMUNITY INFORMATION {OPTIONAL) The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete Sections A, B, (or E). and G c of this Elevation Certificate. Complete the applicable item(s) and sign below. Check the measurement used in Items G6-G1 0. In Puerto Rico only, enter meters. G1 [] The information in Section C was taken from other documentation that has been signed and sealed by a licensed surveyor, engineer, or architect who is authorized by law to certify elevation information. (Indicate the source and date of the elevation data in the Comments area below.) G2. 0 A community official completed Section E for a building located in Zone A (without a FEMA-issued or community-issued BFE) or Zone AO. G3. 0 The iollowing informatJon (Items G4-G1 0) is provided ior community floodplain management purposes. G4. Permit Number GS. Date Permit Issued G6. Date Certificate Of Compliance!Occupancy Issued G7. This permit has been issued for. 0 New Construction 0 Substantial Improvement GB. Elevation of as-built lowest floor (including basement) of the building: _ _ . __ 0 feet 0 meters Datum G9. BFE or (in Zone AO) depth of flooding at the building site: - - ·- - 0 feet 0 meters Datum G10. Community's design flood elevation: 0 feet 0 meters Datum Local Official's Neme Title Community Name Telephone Signature Date Comments - - - - -- -- - - -- -- - - - -- - -- - - -- - - - - - - -- - - - - - -- - - -0 Checkhererrattachmenffi. FEMA Form 086-0-33 (7/12) Replaces all previous editions.  ELEVATION CERTIFICATE, page 3 Building Photographs See Instructions for Item A6 IMPORTANT: In these spaces, copy the corresponding infonnation from Section A. FOR INSURANCE COMPANY USE Building Street Address (Including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Polley N'umber. City State ZIP Code c ·ompany NAfC Number. If using the Elevation Certificate to obtain NFIP flood insurance, affix at least 2 building photographs below according to the instructions for Item A6. Identify all photographs with date taken; "Front View" and "Rear View"; and, if required, "Right Side VIew" and "Left Side View." When applicable, photographs must show the foundation with representative examples of the Rood openings or vents. as indicated in Section AS . If submitting more photographs than will fit on this page, use the Continuation Page. FEMA Form 086-0-33 (7/12) Replaces all previous editions.  20140123 nus produd is for rnlonnallonal purposes and rna y not h avo be en prepared for or be SUitable lor legal. engrne enng, o r surveyrng purposes It does not represent an on-the-ground survey and represents only the apprDlamate 0 95 190 relat ive locat ron of propeny boundanes Techflology Denl:>n County does not guarantee the conec01ess -:-e r v 1 c e s http :1/gis .dentoncou nty.com or accuracy of any features on lhls prod ud a nd assumes n o respons ibility in connection lherL'With. Thrs produ d may be revised at any time wrthout notificatiOn 1:> any user  MAP SCALE 1" =1000' 0 1000 ' I I I+ PANEL0415G FLOOD INSURANCE RATE MAP DENTON COUNTY, TEXAS AND INCORPORATED AREAS (SEE MAP INDEX FOR FIRM PANEL LAYOUT) 0 ~ ...,,.,.., ......,. ucm fl!.!lfl. .sJif& c c .... G ject rommunrty. MAP NUMBER 48121C0415G MAP REVISED APRIL 18, 2011 Denton Central Appraisal Di strict- PropcrtyDe tails Page 1 of3 Propert y De tails for account 182659 Tax Inf ormation Th e De nto n Centr al Apprai sal Di s trict is n o t r espon s ible for the a s sessmen t o r c o llecti o n of taxes for t h i s o r a n y othe r property. I f you h ave a ques t ion r e garding your tax bil l please contact the Dent on County Ta x Assessor / Co l lector. General I n formation Prope rty ID 182659 Geogr a"hi·c;····:ro····-··--·······-····-···-··················--···········--··-···-·····---····-·····sNoi o4·i.-=-cioo·o o1- oO"ci"a·=·oO"BT-=cio·a·o i:ega l-oe;-;~;i-pt·i-;;n--· · --······-··· -··-··-··········--s·ur::·i:T5·;;···-aa.-y-~:~·r:·a·k"e--£-ei~i5-Vi :. :Le....Ei:i<···i"-·L:;;·c···s4 ~:~€~:~~::~~~:~~:~ ~:::::::::::::::::::::::::::~:::::::::::::~::::::::::::::::~:::::::::::::::::::::::::::::::}:?.:~:~::::~:r.~:~:~~:~~x:::~:~:~:::::~~:~:!.:~::: 2:~:?.:~:~~~:~:~~~~: Prooe rtv Tvoe Real Ne :;:~w;;;"h;~d_--··-·-·..···---·····-····-····-···---··--··-·-··-··----····-- ··-····-·-··-·-··-··--- -·-···------··-oc 1 3 o·riL: -·- ··-·-··-- -·-----·-·····-----····-·-·- ·--··--st:.ili:·rs·e sa y-···.n:"t-ra. ke· Lewisv i E e···T.lai-s·t:~~;"t7s-;;t;d"i~I-;:;:·;;;;-···-· --········ · · -·····--···-······-·· ·· ··-··-·-····-··· ·--··-·-···-·-····-············--··-····-··· ·····-·-·····-·s'N·oTo-4-:-D: ==~==~==-~-=::::=~=~::=::=:::==::~=::~:::~=::~=:~=-~=:::=:--=:::~-:==:::=:~r;-~-;-;;pertie·5·J·n-·s~ioTo4P: Vi ew P l at - -····----···...··-·----··--·····--··-·····-·-···-·-···---···--······-···- ·····- ·.. Owner ID ..·······- ·.. -···..-..-·.. .... --······ · ··-···-·-·····-·····-·~·· 621 2 97 ··~··-···- ();;;;~~-N;;;;~-····-··-···-····----·---------·-····-···-··-···-···--·----··-··----r:-;;;r;g l ey I KeTi ;;··a ~~~~~n ~=?.~~~:~~§::~R~::=::::=~=:=~::~=::=~~~::~::~:=:-..::::~=-~~=::====-~::==--==:::=:~==::=:::~-::::::=~-=-=\~0-~ ~i 1 ~-r:!.[_~dd.~-~-~----···-······---··-··-······--·---··--·--···-·--··------·----...!:.~~-~-- vi ~r:.~.Y..~ l ..~.'?l ..P..E Dal l as , TX 75 287 - 4 0 19 T.:~~:~~:~~:~~~~:~~:~~~:~~:~ :~:::::::::::::::~:::::::::::::::::::::::::::::::::::::::.:::::::::::::~::::::::::::.::::: :~::::::::::::::::::~~::::::::::::~9:~::::I~:~:~Y0.:6.::::~:?.:~:~:~:Y.T 5 10 (Li t t l e Elm I s d l ~~~.?..~P..t:..~.~::~----··=::::::::==:::=~::=::======::=::=::::::=::=::::==:====~.::::::::::::~:=::=~-=:~-:::~~~~=::::~~==··~z~ ~iew M<:E...·-·-··---···········-- ··- -······-··---··- ···- ··- -··-·--·····----··- -········--·-·····-------· Den ton CAD GIS 2012 Estimated Taxes Tax Rate Per Taxable Calcu lated Tax Ceili ng Entity Name $100 Value 1 Taxes I Amo unt Jc:-~to n Co un ty 0 . 2 828&7% $47 4 , '13 0 . 00 $ 1, 34 2 . 0 1 N/A L ~t tl e ELl'l L. 54% sor, , 43 0 . oo $7 , 306 . 22 ~I I !>. Es t ima t ed To t al $8 , 6 ~ 8 . 23 Ta x e s DO NOT PA'f TAXES B.li.SED ON THESE ES T I MATED TAXES . You •,.;ill re cei ve an t3x b il l f r om t:C.e 3;Jpr.<..p:-iace age:1cy •,:i.•?n tney ace prepaceri . of:i:::.:.:~.:. ~ axes are co l l ected b y t he a,e~cy sending you t he o f: ic i a l t a x b i ll . To see a l i s tin :J o f aqencie:s t h at co_ l ec:t taxes f or y ou r· pro p ert y, cl ic k here http://www.dentoncad.com/index.php?option=co m _ contenl&lask= view&id= 100& Year=20 12&Propetty. .. 1/22/20 1-+  LE_OG_C_ E-465E _DACW63-9-14-0533_01282014 U.S. Army, Corps of Engineers ATIN: CESWF-RE-M P. 0. Box 17300 Fort Worth, TX 76102-0300 January 28, 2014 Mr. Harry Bizios 3960 Spinnaker Run Point little Elm. Texas 75068 Dear Mr. Bizios Enclosed are two fully executed copies of Consent OACW63-9-14-0533 for your records. Per condition 10 of your consent a copy must be filed at the county of record under the referenced tract number. Once recorded a copy must be provided to us so that we will know the consent is officially on record. You have 90-days to provide us with proof of recording or your consent may be terminated. If you have any questions related to your rights or responsibilities as provided for in the consent, please contact Mrs. Vicki Akers at 817-886-1114. . \ \ '"--''-" ~ -...l-, '- I Joanme Mu rp~ _: ·' 1 Realty Specialist Fart Worth District Enclosures  LE_OG_CN_E-465E_DACW63-9-14·0533_0 1272014 Consent No. DACW63-9-14-0S33 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FORT WORTH DISTRICT Project: Lewisville Lake, Texas Tract No. E-465E WHEREAS, the United States has acquired a perpetual flowage easement over Tract No. E-465£, Lewisville Lake, Texas, recorded in Deed Records, volume 463, pp. 444, of Denton County, Texas. WHEREAS, said easement grants to the United States the right of prior approval for any structure to be located within the easement area, which area is under the administrative contro l of the Fort Worth District, Corps of Engineers. WHEREAS, the United States has been requested to grant approval for a riprap retaining wall to be placed on the above-identified tract. NOW THEREFORE, the United States hereby gives consent to Mr. Harry Bizios to place a riprap retaining wall at the location shown on Exhibits A a.nd B. PROVIDED HOWEVER, that this consent is subject to the following conditions: I. All activities conducted on the premises shall comply with all applicable Federal, state. county and municipal laws, ordinances and regulations wherein the premises arc located 2. lhe giving of this consent does not in any way subordinate the Umted States' prior easement rights. The United States shall in no case be liable for any damage ur injury to the structures herein consented to, which may be caused by any action of the United States under its easement. or that may result from future operations undertaken by the United States. and no claim or right to compensation shall accrue from such excrcise of the l ln1tt:d States' elliiement rights. 3. J he United States shall not be rcsponsiblt! for damuge!l to property ur inJurtt: ~ to pt:r!>ous '"luch may arise from nr he incident to the exen.:isc of the consented acti.,.it:y tl I h1s 1nstrumcm1s t·flccllvt" onl) m solllr ~ the nghl s ol the L n11cJ St3tt!> 111 the premises are concerned ; and the consenlce shall ohta1n ~uch pcrmissi0n us mn) be requm:LI on uccounl of an~ other existing rights It is undcr!\toud thl:it this cunsent docs not eliminate the nel:cssity for obtaining any Department of the Army permit which rna:• h~ rt!qui red pursuant t1• the prm i s1nns of St:~.:tion I 0 ut' Lhc Ri vcrs and I larbt~rs t\~.:t of) Man.:h I 899 (30 !'>t1d I I :'I : .1'  LE_OG_CN_ E-465E_DACW63-9-14-0533_01272014 Consent, R- Rap Retaining Wall, Tract E 465 E 3960 Spinnaker Run Point, Little Elm , TX 75068 •' ' ' 130 fl -- r ' 65 ... 0 ., d 130 Feet ~ l Lewisville Lake Legend r ' '' , J r' \ ..-~· ' ' It '"' I ' I! (' ' ~ r '. ~. '. II • .; rir ' ' . .,.· - • I -·' ' .I~ /\• p \' I ~ q ~~ f::XH BIT A Gary Cook From: Linda Asbell [linda@lakewoodvillagetx.us] Sent: Wednesday, February 19, 2014 4:27PM To: Gary Cook Subject: RE: 20140 123 No issues at all. They have already started the permit process with us . Than k you. Linda Asbell, TRMC Town Secretary 972-294-5555 (direct) www.Iakewoodvillagetx. us LA:-rwooo ~ \' l l.l 1\Gl From: Gary Cook [ mailto:Gary.Cook@dentoncounty.coml Sent: Wednesday, February 19, 2014 4:05 PM To: finda@lakewoodvillagetx.us Subj ect: 20140123 Hey Linda -I've got a permit for a house in your ETJ. Do you have any issues with it? Thanks Gary From: PublicWorks@dentoncountv.com [ mail to : PublicWorks@dentoncou ntv.com] Sent: Wednesday, February 19, 2014 4 :06 PM To: Gary Cook Subject: Attached Image 1  Public Works RECEIPT Denton County 1505 E. McKinney Sc, Sec 175 Den con, Texos 76209 (940) J.l?-2990: Mom (940) J.I9-29CJI: 1'11x V.I"\\'W.dentoncoun&y.com - 22-Jan-14 DRAWER2 i ·M§i·iiM •..•.• ALAN HOFFMANN 22-Jan-14 7324 GASTON AVE 6399 DALLAS. TX 75214 , USA 37001 Pro du ct Nam e Category Quantity Unit Price Discount Exten ded Price IN F.P. DEVELOPMENT PERMIT PERMIT $50.00 0% $50.00 CULVERT CULVERT $15.00 0% $15.00 •-m~mm• $65.00 •mm1·1n• $65.00 lpii@I§IIM $65.00 •amm~i- 2434 M:t116i@M so.oo Exhibit 36 U.S. DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY ELEVATION CERTIFICATE OMB No . 1660-0008 National Flood Insurance Program Important: Read the instructions on pages 1-9. Expiration Date: July 31, 2015 SECTION A- PROPERTY INFORMATION FOR INSURANCE COMPANY USE A1. Building Owner's Name Policy Number: A2. Building Street Add ress (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Company NAIC Number:- 3960 Spinnaker Run Point Ctty Ltttle Elm state TX ZIP Code 75068 A3. Property Description (Lot and Block Numbers, Tax Parcel Number, Legal Description, etc.) Lot 84, Block 1 of Sunrise Bay at Lake Lewisville- Tax Parcel Number 182659 A4. Building Use (e.g., Residential, Non-Residential, Addition, Accessory, etc.) Residential A5. Latitude/Longitude: Lat. 33.14809 Long. 96.96500 Horizontal Datum: 0 NAD 1927 0 NAD 1983 A6. Attach at least 2 photographs of the building if the Certificate is being used to obtain flood insurance. A7. Building Diagram Number 18 AS. For a building with a crawlspace or enclosure(s): AS. For a building with an attached garage : a) Square footage of crawlspace or enclosure(s) n/a sq ft a) Square footage of attached garage n/a sq ft b) Number of permanent flood openings in the crawlspace b) Number of permanent flood openings in the attached garage or enclosure(s) within 1.0 foot above adjacent grade n/a within 1.0 foot above adjacent grade nla · c) Total net area of flood openings in A8.b n/a sq in c) Total net area of flood openings in A9.b n/a sq in d) Engineered flood openings? D Yes 181 No d) Engineered flood openings? 0 Yes 181 No SECTION 8- FLOOD INSURANCE RATE MAP (FIRM) INFORMATION 8 1. NFIP Community Name & Community Number Denton County - 480774 I Denton 82. County Name I~-State B4. Map/Panel Number B5. Suffix B6. FIRM Index Date B7. FIRM Panel B8. Flood B9. Base Flood Elevation(s) (Zone 48121C0415 G 4-18-2011 Effective/Revised Date Zone(s) AO, use base flood depth) 4-18-2011 AE 537 810. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth entered in Item B9. D FIS Profile 181 FIRM D Community Determined 0 Other/Source: _ _ B11. lndicate elevationdatumusedforBFEinltemB9: D NGVD1929 181 NAVD1988 0 Other/Source: _ _ B12. Is the building located in a Coastal Barrier Resources System (CBRS) area or Otherwise Protected Area (OPA)? D Yes IXl No Designation Date: _ _ 0 CBRS 0 OPA SECTION C- BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) C 1. Buildi.ng elevatio~s. are base~ on: 181 Construction Drawings* 0 Building Under Construction* 0 Finished Construction *A new Elevation Certificate will be required when construction of the building is complete. C2. Elevations- Zones A 1-A30, A E, AH, A (with BFE), VE, V1- V30, V (with BFE), AR, ARIA, ARIAE, ARIA 1-A30, ARIAH, ARIAO. Complete Items C2.a-h below according to the building diagram specified in Item A7. In Puerto Rico only, enter meters. Benchmark Utilized: Vertica l Datum: Indicate elevation datum used for the elevations in items a) through h) below. D NGVD 1929 D NAVD 1988 D Other/Source: Datum used for building elevations must be the same as that used for the BFE. Check the measurement used. a) Top of bottom floor (including basement, crawlspace, or enclosure floor) 540.04 0 feet 0 meters b) Top of the next higher floor n/a._ _ 0 feet 0 meters c) Bottom of the lowest horizontal structural member (V Zones only) n/a._ _ D feet D meters d) Attached garage (top of slab) n/a._ _ D feet D meters e) Lowest elevation of machinery or equipment servicing the building nla. _ _ D feet D meters (Describe type of equipment and location in Comments) f) Lowest adjacent (finished) grade next to building (LAG) 537.1Q D feet D meters g) Highest adjacent (finished) grade next to building (HAG) 539.30 D feet D meters h) Lowest adjacent grade at lowest elevation of deck or stairs, including structural support n/a._ _ 0 feet D meters SECTION D- SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor, engineer, or architect authorized by law to certify elevation information. I certify that the information on this Certificate represents my best efforts to interpret the data available. I understand that any false statement may be punishable by fine or imprisonment under 18 U.S. Code, Section 1001. 0 Check here if comments are provided on back of form. Were latitude and longitude in Section A provided by a 0 Check here.ifattachments. licensed land surveyor? D Yes ~ No Certifier's Name Douglas L Arthur License Number 4357 Title RPLS Company Name Arthur Surveying Company (ty Lewisville State T X ZIP Code 75067 Telephone 972-221-9439 See reverse side for continuation. ' Replaces all previous editions. ELEVATION CERTIFICATE page 2 ' IMPORTANT: In these spaces, copy the corresponding information from Section A . FOR INSURANCE COMPANY USE Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Policy Number: 3960 Spinnaker Run Point City Little Elm State TX ZIP Code 75068 Company NAIC Number: SECTION D- S URVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION (CONTINUED) Copy both sides of this Elevation Certificate for (1) community official, (2) insurance agenUcompany, and (3) building owner. Comments Signature Date SECTION E- B UILDING ELEVATION INFORMATION (S URVEY NOT REQUIRED) FOR ZONE AO AND ZO NE A (WITHOUT BFE) For Zones AO and A (without BFE), complete Items E1-E5. If the Certificate is intended to support a LOMA or LOMR-F request. complete Sections A , B, and C. For Items E1-E4, use natural grade, if available. Check the measurement used. In Puerto Rico only, enter meters. E1. Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent grade (HAG) and the lowest adjacent grade (LAG). a) Top of bottom floor (including basement, crawlspace, or enclosure) is _ _._ _ 0 feet 0 meters 0 above or 0 below the HAG. b) Top of bottom floor (including basement, crawlspace, or enclosure) is _ _. _ _ 0 feet 0 meters 0 above or 0 below the LAG. E2. For Building Diagrams 6-9 with permanent flood openings provided in Section A Items 8 and/or 9 (see pages 8- 9 of Instructions), the next higher floor (elevation C2.b in the diagrams) of the building is - - · -- 0 feet 0 meters 0 above or 0 below the HAG. E3. Attached garage (top of slab) is _ _. __ 0 feet 0 meters 0 above or 0 below the HAG. E4. Top of platform of machinery and/or equipment servicing the building is - -·- - 0 feet 0 meters 0 above or 0 below the HAG. E5. Zone AO only: If no flood depth number is available, is the top of the bottom floor elevated in accordance with the community's floodplain management ordinance? 0 Yes 0 No 0 Unknown. The local official must certify this information in Section G. SECTIO N F- PROPERTY OWNER (OR OWNER'S REPRESENTATIVE) CERTIFICATIO N The property owner or owner's authorized representative who completes Sections A, B, and E for Zone A (without a FEMA-issued or community-issued BFE) or Zone AO must sign here. The statements in Sections A, B, and E are correct to the best of my knowledge. Property Owner's or Owner's Authorized Representative's Name Address City State ZIP Code Signature Date Telephone Comments - - - - -- - - - -- - - -- - - - - - - - -- - - - - -- - - - - - -- - - - - - - - 0 Check here if attachments. SECTION G- COMMUNITY IN FORMATION (OPTIO NAL) The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete Sections A, B, C (or E), and G of this Elevation Certificate. Complete the applicable item(s) and sign below. Check the measurement used in Items G8-G1 0. In Puerto Rico on ly, enter meters. G1 . 0 The information in Section C was taken from other documentation that has been signed and sealed by a licensed surveyor, engineer, or architect who is authorized by law to certify elevation information. (Indicate the source and date of the elevation data in the Comments area below.) G2. 0 A community official comp leted Section E for a building located in Zone A (without a FEMA-issued or community-issued BFE) or Zone AO. G3. 0 The following information (Items G4- G1 0) is provided for community floodplain management purposes. G4. Permit Number G5. Date Permit Issued G6. Date Certificate Of Compliance/Occupancy Issued G7. This permit has been issued for: 0 New Construction 0 Substantial Improvement G8. Elevation of as-built lowest floor (including basement) of the building: _ _ _ _ 0 feet 0 meters Datum G9. BFE or (in Zone AO) depth of flooding at the building site: _ _ __ 0 feet 0 meters Datum G1 0. Community's design flood elevation: 0 feet 0 meters Datum Local Official's Name Title Community Name Telephone Signature Date Comments - - - - - - - - - - - - - - - - - - - - - - - - - - -- - -- - - -- - - - - - - - - - 0 Check here if attachments. FEMA Form 086-0-33 (7/12) Replaces all previous editions.  ELEVATION CERTIFICATE, page 3 Building Photographs See Instructions for Item A6 IMPORTANT: In these spaces, copy the corresponding infonnation from Section A. FOR INSURANCE COMPANY USE Building Street Address (including Apt. , Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Policy Number: City State ZIP Code Company NAIC Number: If using the Elevation Certificate to obtain NFIP flood insurance, affix at least 2 building photographs below according to the instructions for Item A6. Identify all photographs with date taken ; "Front VieW' and "Rear VieW'; and, if required , "Right Side VieW' and "Left Side View." When applicable, ·photographs must show the foundation with representative examples of the flood openings or vents, as indicated in Section AS. If submitting more photographs than will fit on this page, use the Continuation Page. FEMA Form 086-0-33 (7/12) Replaces all previous editions. Exhibit 37  FORM:S SURVEY [ 3960 Spinnaker Run Pointe ] I I I / : / LOT 82 _.- .... - _.- Subdivision I _.... Boundary F.LRt- r : IJ------~- ~I Lot 83 "",,/ '\.. 522' ~ 1 '\.. Elev line ~ ~ TBM SE:T \ ...X '"-~ ~ ...... E-t ~ Q . 0""---. ~ 0\~/ I I f!.'! /! - !f.' fifa /:;,;:J ... II I I S 43o20'43"- 5 89' E 58-. -- - BOD INTREE ~ \-- - - ----~- - - F-'~-~!r- 8~ . '\ · ~ ' F.I.R. ' ~ I - - - ... - .. - '\ ' ~ b~ "' I £Si'r.-.. . - - - -..---· ---- - Q ~ : "' - - - - - _ 10:. UnL_,!.Q6!'.9- Top of ., '-. ~- - ~ to•u_it.e.. c~c_pR~G.~T,___ ~', ~~ bank ' tJ.. q d>' z ~~ ~c ~ 336'~ ~, ~0~~~~<9 I ....- - - • - in 91.8' . '- . - -- .304.6' I 'I . \ '"'~ :.... -~~ ; ~ ~ ~~ I 39~~==er ''~~~;<~>.,._,~ FORMS ' ' d ~~ ~ ~: J I Lot84 Block 1 109,072 sq. ft. Zone "X" (Unshaded) _________ .!.--------- --,, ~ . \ ) ', _... J.... topofforms=540.04' · , "- .·~',~~ -2cr; 0.(/. ~ f;j ~ ~ J I 2.50 acres /_...---~e•AE• ·,1 -'-' - •=--~----~- '-537'Ilnc•""""' '·~.. < ~ ~: ~ I / ""...,.......,_ Top of '- ~, :z; ~ ~1:..t---+=.--=- ro.:.!Ll!, •ws ~ - \- _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ban~ ~ :z; F.I.R.f- I - - ~ I; I N 34"54'11, w295. 77' - !/ II1IL • DRNQ. ESIIT.--~---- - - ~ '~g.:_- 10' ---- ----- ----------------------- N 38°21'36" w 491.89' \ _ >--~ \\ F-1-R- ~ , i \ u~ I 5'!/ Lot 85 \ Lake Lewisville Resorvoir 1 Dllte: 03107114 ASC No. 140375 Dra:wDICbk L.G. I DLA PROPERTY DESCRIPTION: Lot 84, Block 1 of Sunrise Clilmt HanyBizfus Bay at Lake Lewi!Wille, an addition to the Town ofLittle Elm, ~t.m - END --c-.M. ---~ ---- MIIIDIIIICIII:; --- F.LR. - -F- OUDd _hvn_Rad; _·_FLP - .-F-mDII _hvn_Pi_ pc:;--.1 Denton County, Texas, according to the Plat thereof recorded •.c.P.= ~~-Comer Poll. oBl!=Ovdleacl mecmc. s.u.= Set._ llodiJ 111• m.m.r 'lrilh in Cabinet L, Page 224, Plat Records of Denton County, Texas. ,.,llPw 011p llampad 'Al1hllr SJIIYilYia8 Campaay". All foo.md ilVIl mclo ...., 112' climum-liDlou albcrwilc DDtai - K - (:fc:nccf ~ p..t) - OHE - (avm-1 powm) FLOOD NOTB: It i1 my Clpinion 1bat tha pmporty lkliillribad bmwn ia pmti1111y within !boo I 00-ycar ftoa4 !llOIIe axa IIIICCilding111 tile Fcdcnl :Jlmi::rFncy ~ Ap¥:y Fbld JJwrance hie~ ~Panel No. 48llS2 04lj G, prNeDt Bffecti-.o Date ofmap April 18, 2011, bo:n:in property oiluatl:d 'IJ'ijhia ZoDI: 'X" (UIIIhaded), Zone • AE". DEFENDANT’S EXHIBITS Alan Hoffmann, LLC dba/Aian Hoffmann Company- Builders/Designers/Developers Alan Hoffmann is the founder of the Alan Hoffmann Company, a sustainable builder of residential and commercial properties. As a leader in the environmental building movement, Alan has a long list of firsts that he has brought to the marketplace. He was the first builder in 1995 to introduce Insulated Concrete Forms to North Texas. He was also the first homebuilder in the area to use this proven system for the outside walls of a single family home. Additionally, he built the first ICF homes in Dallas, Plano, Ft. Worth, Mansfield, Terrell, Gunner, Lake Whitney, Rockwall, Oak Point, Flower Mound, and Kerens, Texas. His company then went on to design and build the first two homes that were certified by the US Green Building LEED for Homes program and they were also the first two homes that were certified as Platinum in Dallas. Alan's homes have been featured on the Discovery Channel's "Your New Home" program for several episodes, the Veria Networks' "Backyard Boomers". They have also been featured in North Texas USGBC Tours as well as the National Homebuilders Association's International homebuilders conference. The Alan Hoffmann Company has also been voted by "D Home Magazine" as one of Dallas' Best Builders for six years running (2008, 2009, 2010, 2011 2012 and 2013). "D Magazine also featured Alan in their special issue entitled "Dallas Goes Green" and profiled him as one of the "good citizens creating a sustainable city." In 2007, Alan was asked to assist in the creation of Dallas' first Green Building Ordinance. In helping shape this ordinance, he assisted in the creation of comprehensive ordinance that addressed all new building projects in the city. With this ordinance. Dallas became one of the first cities to address all types of structures in the building environment. He has worked with the City on the implementation of the second phase of the Dallas' Green Ordinance which was enacted by the City Council in 2008. In 2009, for his efforts and the successes of his company, he received a Special Recognition by the Mayor of Dallas' Inaugural Environmental Award . In August of 2010, Alan received four ARC awards from the Dallas Builders Association for a home his company built in Dallas. The ARC awards are granted by industry peers in recognition of excellence in various building categories. Also. in 2010. the company built the ICF walls for the Plano Environmental Education Center of the City of Plano as a sub-contractor tor to Turner Construction . Inc. The building received a LEED Platinum Certification and March of 2013 won a Green Ribbon project award from the North Texas Chapter of the US Green Building Council. He is a member of the North Texas Chapter of the USGBC, and the Dallas Homebuilders Association (DBA ) on which he serves as vice-president of board's Dallas Division. He is also on the DBA Government Relations Committee. The Alan Hoffmann Company mission is a focused effort on constructing buildings and communities that are sustainable, beautiful, efficient with processes that are cost effective and sensible. For more information about Alan's company visit www.YourNewHybridHome.com. 7324 Gaston Avenue #124-341 Office: 214-324-0046 Dallas. Texas 75214 alan@alanhoffmanncompany.com ;: DEFENDANT'S I EXHIBIT i J  -· ----  ACCEPTED 02-14-00143-CV SECOND COURT OF APPEALS FORT WORTH, TEXAS 6/25/2014 4:09:58 PM DEBRA SPISAK CLERK No. 02-14-00143-CV IN THE COURT OF APPEALS FOR THE SECOND DISTRICTOF TEXAS, FILED IN 2nd COURT OF APPEALS FORT WORTH, TEXAS FORT WORTH, TEXAS 6/25/2014 4:09:58 PM DEBRA SPISAK HARRY BIZIOS, Clerk Appellant, v. TOWN OF LAKEWOOD VILLAGE, TEXAS, Appellee. BRIEF OF APPELLANT HARRY BIZIOS ON APPEAL FROM THE 431st JUDICIAL DISTRICT COURT OF DENTON COUNTY, TEXAS Trial Court Cause Number 14-01991-431 Arthur J. Anderson WINSTEAD PC 500 Winstead Building 2728 N. Harwood Street Dallas, Texas 75201 Telephone No.: (214) 745-5745 Fax No.: (214) 745-5390 aanderson@winstead.com David F. Johnson WINSTEAD PC 777 Main Street, Suite 1100 Fort Worth, Texas 76102 Telephone No.: (817) 420-8223 Fax No.: (817)420-8201 dfjohnson@winstead.com ATTORNEYS FOR APPELLANT ORAL ARGUMENT REQUESTED  IDENTITY OF PARTIES AND COUNSEL Pursuant to Texas Rule of Appellate Procedure 38.2(a)(1)(A), Appellant certifies that the following are the correct parties and counsel: PARTIES: PLAINTIFF/APPELLEE: TRIAL AND APPELLATE COUNSEL: Town of Lakewood Village, Texas William Andrew Messer, Esq. Messer, Rockefeller & Fort, P.L.L.C. 6351 Preston Road Suite 350 Frisco, TX 75034 (972) 668-6400 andy@txmunicipallaw.com DEFENDANT/APPELLANT: TRIAL AND APPELLATE COUNSEL: Harry Bizios Arthur J. Anderson WINSTEAD PC 500 Winstead Building 2728 N. Harwood Street Dallas, Texas 75201 (214) 745-5400 aanderson@winstead.com APPELLATE COUNSEL: David F. Johnson WINSTEAD PC 777 Main Street Suite 1100 Fort Worth, TX 76102 (817) 420-8200 dfiohnson@winstead.com -i-  TABLE OF CONTENTS Page No. IDENTITY OF PARTIES AND COUNSEL TABLE OF CONTENTS 11 TABLE OF AUTHORITIES V STATEMENT OF THE CASE IX STATEMENT REGARDING ORAL ARGUMENT X JURISDICTIONAL STATEMENT X ISSUES PRESENTED XI ISSUE I A general law town has no constitutional or statutory authority to apply its building codes in its ETJ. The Town's attempt to impose its expensive building permit ordinance upon homebuilders in its ETJ is unsupported under Texas law. The trial court erred in entering judgment that the Town could extend its building code to its ETJ pursuant to Chapter 212 of the Texas Local Government Code and other Texas statutes xi ISSUE II Even if the Town had general authority to extend its building codes to its ETJ under Chapter 212 of the Texas Local Government Code, that authority does not apply here because the Town is prohibited from applying its subdivision regulations to Appellant's property pursuant to section 212.007 of the Texas Local Government Code. The trial court erred in holding that the Town's building code could be extended to the Lot pursuant to its platting authority under these facts xi ISSUE III Chapter 245 of the Texas Local Government Code provides that municipalities cannot apply new ordinances or regulations to pending development projects with a few exceptions. The Town has attempted to apply its new building permit policy to Bizios' already permitted project where none of Chapter 245's exceptions apply. The Town did not introduce any evidence supporting any of Chapter 245's exemptions to this project. The trial court erred -ii-  in holding that the Town may impose its new building permit requirements on an already permitted subdivision project xii STATEMENT OF FACTS 1 SUMMARY OF ARGUMENT 4 ARGUMENT AND AUTHORITY 6 A. Standards of Review 6 B. Trial Court Abused Its Discretion In Granting Injunctive Relief As The Town Did Not Show A Probable Right of Recovery 7 i. General Law Town Ordinance-Making Authority Is Extremely Limited 8 ii. No Texas Statute Expressly Authorizes The Town To Apply Its Building Code To Its ETJ 9 iii. The Injunction Violates Texas Supreme Court Precedent 12 iv. Recent Changes Limit The Application Of Municipal Building Codes Only To Buildings Within Corporate Limits 14 v. Other State Statutes Cited By The Town Do Not Expressly Authorize The Extension Of Building Codes To The ETJ 17 vi. The Town Has No Compelling Reason That It Should Be Able To Require Building Permits In The ETJ 19 vii. The Trial Court Erred In Holding That The Town Had The Authority To Extend Its Building Code To Its ETJ When The Town Had No Platting Authority Over The Subdivision 20 -iii-  viii. The Trial Court Erred In Holding That The Subdivision Project Is Not Protected From The Application Of New Town Building Permit Regulations In Accordance With The Vested Rights Statute 21 CONCLUSION AND PRAYER 29 CERTIFICATE OF SERVICE 31 APPENDIX 32 -iv-  TABLE OF AUTHORITIES Page(s) FEDERAL AND STATE CASES Addison v. Ho lly Hill Fruit Prods., Inc., 322 U.S. 607, 64 S.Ct. 1215, 88 L.Ed. 2d. 1488(1944) 10 Bridgestone/Firestone, Inc. v. G lyn-Jones, 878 S.W.2d 132 (Tex. 1996) 10 Butnaru v. Ford Motor Co., 8 4 S.W.3d 198 (Tex. 2002) 6 Cameron v. Ter rell & Garrett, Inc., 628 S.W.2d 535 (Tex. 1981) 16 Camp v. Shannon, 162 Tex. 515, 348 S.W.2d 517 (Tex. 1961) 8 Chavira v. Sta te (Tex. Crim. App. 1958) 26 City of Houston v. Stat e ex rel City of West University Place, 142 Tex. 190, 176 S.W.2d 928 (1943) 8 City ofLaPorte v. Bar field, 898 S.W.2d 288 (Tex. 1995) 9 City ofNorthlake v. Eas t Justin JV, 873 S.W.2d 141 (Tex. App.—Fort Worth, 1994, writ den.) 9 City of San Antonio v. CityofBoerne, 111 S.W.3d 22 (Tex. 2003) 12, 13 City ofWeslaco v. Car penter, 644 S.W.2d 601 (Tex. App.—Corpus Christi 1985, writ refd n.r.e.) 14 Dodson v. B unton, 81 Tex. 655, 17 S.W. 507 (1891) 9 Forewoodv. City of Taylor, 214 S.W.2d 282 (Tex. 1948) 8 Garza v. State, No. 05-07-00176-CR, 2007 WL 3348419 (Tex. App.— Dallas Feb. 13, 2007, no pet.) 28 Goode v. Shoukfeh, 943 S.W.2d 441 (Tex. 1997) 7 Greathouse Ins. Agency v. Tropical Investments, Inc., 718 S.W.2d 821 (Tex. App.—Houston [14th Dist.] 1986, no writ) x -v- Hartsell v. Town ofTalty, 130 S.W.3d 325 (Tex. App.—Dallas 2004, pet. denied) ix, 23, 24, 28 IAC, Ltd. v. Bell Helicopter Textron, Inc., 160 S.W.3d 191 (Tex. App.—Fort Worth 2005, no pet.) 8 Liberty Mut. Ins. Co. v. Garr ison Contractors, 966 S.W.2d 482 (Tex. 1998) 9 Lucas v. No rth Texas Municipal Water District, 724 S.W.2d 811 (Tex. App.—Dallas 1986, writ refd n.r.e.) 5, 14 Milestone Potranco Dev. Ltd. v. City of San Antonio, 298 S.W.3d 242 (Tex. App.—San Antonio 2009, pet. den.) 12 N. Cypress Med. Ctr. Operating Co. v. St. Laurent, 296 S.W.3d 171 (Tex. App.— Houston [14th Dist.] 2009, no pet.) 6 Oncor Elec. Delivery Co. v. B rockriede, No. 02-13-00071-CV, 2013 WL 6564276 (Tex. App.—Fort Worth 2013, no pet.) 18 Rhino Real Estate Investments, Inc. v. C ity of Runaway Bay, No. 02-08-00340-CV, 2009 WL 219613 (Tex. App.—Fort Worth July 23, 2009, no pet.) (mem. op.) 11 Shumaker Enterprises, Inc. v. City of Austin, 325 S.W.3d 812 (Tex. App.— Austin 2010, no pet.) 25, 26 Stefanoff v. State, 78 S.W.3d 496 (Tex. App.—Austin 2002, pet. den) 29 Tom James Co. v. Mendrop, 819 S.W .2d 251 (Tex. App.—Fort Worth 1991, no writ) 7 Tri-Star Petroleum Co. v. Tipperary Corp., 101 S.W.3d 583 (Tex. App.—El Paso 2003, pet. denied) 7 Walling v. Metcalfe, 863 S.W.2d 56 (Tex. 1993) (per curiam) 6 Washington v. Sta te, 152 S.W.3d 209 (Tex. App.—Amarillo 2004, no pet.) 28 STATUTES, RULES, REGULATIONS, CONSTITUTIONAL PROVISIONS TEX. AG Op. JM-169 8 TEX. LOC. GOVT. CODE ANN. § 43.002 25 -vi- TEX. LOC. GOVT. CODE § 43.003 19 TEX. LOC. GOVT. CODE § 43.021 2 TEX. LOC. GOVT. CODE CHAP. 212 passim TEX. LOC. GOVT. CODE §§ 212.002 and 212.003 10 TEX. LOC. GOVT. CODE ANN. § 212.004 27, 9 TEX. LOC. GOVT. CODE § 212.007 x, 5, 20, 21, 29 TEX. LOC. GOVT. CODE § 214.212 14,15 TEX. LOC. GOVT. CODE § 214.904 17 TEX. LOC. GOVT. CODE 216.003 16 TEX. LOC. GOVT. CODE § 216.902 17 TEX. LOC. GOVT. CODE § 233.153(a) 17 TEX. LOC. GOVT. CODE, § 245.002 23 TEX. LOC. GOVT. CODE ANN. § 245.002(a)(i) 25 TEX. LOC. GOVT. CODE § 245.002(a)(2) 25, 26 TEX. LOC. GOVT. CODE ANN. § 245.004(1) 28 TEX. LOC. GOVT. CODE ANN. § 245.004(11) 28 TEX. LOC. GOVT. CODE CHAP. 245 passim TEX. PROP. CODE § 21.049 18 TEX. R. APP. PROC. 39 ix TEX. R. CIV. PROC. 21a 18 SECONDARY AUTHORITIES DAVID BROOKS, MUNICIPAL LAW AND PRACTICE, TEXAS PRACTICE, vol. 22 8 -vii- David Hartman, Risky Business: Vested Real Property Development Rights - The Texas Experience and Proposals for the Texas Legislature to Improve Certainty in the Law, 30 Tex. Tech L. Rev. 297, 299 (1999) 21 -viii-  STATEMENT OF THE CASE Nature of the Case: This case concerns a general law town's attempt to start applying its building code in its extraterritorial jurisdiction ("ETJ") to a homebuilder in a subdivision with previous plat approval. The Town of Lakewood Village ("Town") brought an injunction to enforce its building codes to the construction of a house by owned by Harry Bizios ("Bizios"). Course of Proceedings: The Town filed its petition in the 431st District Court of Denton County, Texas, Hon. Jonathan Bailey presiding (C.R. 4-84).1 The trial court entered an Order Granting Plaintiffs Application for Temporary Restraining Order on March 20, 2014 (C.R. 85). On April 15 and 16, 2014, a hearing was held on the Town's Application for Temporary Injunction (R.R. 1). Trial Court's Disposition: Judge Bailey signed a temporary injunction order on April 17, 2014 requiring Bizios to obtain building permits from the Town (with the payment of associated fees) (C.R. 651-3). Bizios timely filed his notice of appeal on May 6, 2014 (C.R. 656-7). 1 References in this Brief to the record on appeal are as follows: the Clerk's Record is identified as "C.R." with a corresponding page number; the Reporter's Record is identified as "R.R." with a corresponding page number, and (R)eferences to the Exhibits, a separate volume of the Reporter's Record, will be designated as "4 R.R." with the following corresponding exhibit number designations: Stipulated ExhibitsfStip. Ex."); Plaintiffs Exhibits ("PI. Ex."); and Defendant's Exhibits ("Def. Ex."). - ix -  STATEMENT REGARDING ORAL ARGUMENT This Court should grant oral argument in this appeal because the appeal deals with legal issues of importance to the State. General law towns do not have express constitutional or statutory authority to apply building codes in their ETJ. This is particularly important as to general law towns, such as Lakewood Village, who cannot annex property in their ETJ or provide those properties with any city services. Here, the Town began applying its building permit authority over land in a subdivision approved by another city without basis under Texas law. The trial court's judgment with respect to Chapter 245, Texas Local Government Code, is in contravention of the Dallas Court of Appeals holding in Hartsell v. To wn of Talty, 130 S.W.3d 325 (Tex. App.—Dallas 2004, pet. denied). Pursuant to Texas Rule of Appellate Procedure 39, oral argument will be helpful to the panel on these important issues to the homebuilding industry. JURISDICTIONAL STATEMENT This case involved the appeal of a temporary injunction order. An appeal from an interlocutory order granting or refusing a temporary injunction or granting or overruling a motion to dissolve a temporary injunction is permitted. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(4) ("A person may appeal from an order of a district court, county court at law, or county court that: ... (4) grants or refuses a temporary injunction or grants or overrules a motion to dissolve a - x- temporary injunction as provided by Chapter 65."); Greathouse Ins. Agency v. Tropical Investments, Inc., 718 S.W.2d 821, 822 (Tex. App.—Houston [14th Dist.] 1986, no writ). ISSUES PRESENTED ISSUE I A general law town has no constitutional or statutory authority to apply its building codes in its ETJ. The Town's attempt to impose its expensive building permit ordinance upon homebuilders in its ETJ is unsupported under Texas law. The trial court erred in entering judgment that the Town could extend its building code to its ETJ pursuant to Chapter 212 of the Texas Local Government Code and other Texas statutes. ISSUE II Even if the Town had general authority to extend its building codes to its ETJ under Chapter 212 of the Texas Local Government Code, that authority does not apply here because the Town is prohibited from applying its subdivision regulations to Appellant's property pursuant to section 212.007 of the Texas Local Government Code. The trial court erred in holding that the Town's building code could be extended to the Lot pursuant to its platting authority under these facts. - xi -  ISSUE III Chapter 245 of the Texas Local Government Code provides that municipalities cannot apply new ordinances or regulations to pending development projects with a few exceptions. The Town has attempted to apply its new building permit policy to Bizios' already permitted project where none of Chapter 245's exceptions apply. The Town did not introduce any evidence supporting any of Chapter 245's exemptions to this project. The trial court erred in holding that the Town may impose its new building permit requirements on an already permitted subdivision project. - xii -  STATEMENT OF FACTS Lakewood Village is a small, general-law town located in Denton County, Texas (C.R. 18). Appellant Harry Bizios ("Bizios") is trying to build a house on a lot he owns ("Lot") in the Sunrise Bay at Lake Lewisville Addition ("Subdivision") located in the Town's ETJ (C.R. 5). The final plat for the Subdivision was approved by the Town of Little Elm and Denton County in 1995 (C.R. 109). Little Elm's population exceeded the Town's population at that time (2 R.R. 85). The Subdivision is located in the ETJ of both Little Elm and Lakewood Village (C.R. 109). Houses have been built on most of the lots in the Subdivision (3 R.R. 26). Little Elm serves the Subdivision and the Lot which is within its certificate of convenience and necessity ("CCN") boundaries with water, and there is no sanitary sewer provider because the houses have septic systems (3 R.R. 14). It would cost millions of dollars for Lakewood Village to extend sanitary sewer to the Subdivision (3 R.R. 14). Denton County maintains all of the roads in the Subdivision (2 R.R. 89). The Town provides no municipal services to the Subdivision (2 R.R. 86). The Town has a current population of approximately 620 and acknowledges that its maximum population will be 2,500 (2 R.R. 54). In the foreseeable future, the Town will never become a home rule city with the power to annex land -1 - unilaterally, which requires a minimum population of 5,000 under § 43.021, Tex. Loc. Gov't Code. Bizios began construction of a 7,000 square foot house on the Lot on or about March 10, 2014 (C.R. 109). The proposed house is an energy efficient, insulated concrete form with a construction cost of approximately $1,200,000.00 (3 R.R. 8-9). It is undisputed that Bizios will construct the house to the regulatory standards of the International Residential Code (3 R.R. 24). Prior to commencing construction, Bizios obtained all legitimate and necessary development approvals. First, the architectural review committee for the Subdivision approved the design and construction standards for the house (3 R.R. 12-14). Second, all necessary applications to build the house foundation and retaining wall were approved by FEMA (3 R.R. 15, 16; 4 R.R. Exs. 36, 37). Third, Bizios also obtained all necessary permits from Denton County (4 R.R. 35). Regular inspections were being conducted of Bizios' house in accordance with Denton County regulations (3 C.R. 25). Although Bizios and his contractor Alan Hoffman had discussions in early 2014 about applying for a building permit from the Town, they elected to commence construction without a permit (C.R. 109). One of the reasons is that the Town delayed permits and required all subcontractors to register in advance of permit approval contrary to the procedures in other municipalities (3 R.R. 19). The -2- Town collected approximately $1,200.00 in subcontractor fees from Bizios (3 R.R. 19). In order to obtain a building permit, Bizios would have been required to pay a permit fee of $14,646.00 (2 R.R. 92-3). But the Town's plan review and inspection fees would total only $1,200.00, leaving the Town a net profit from Bizios of $14,646.00 (2 R.R. 144). In addition, the Town's building inspector moonlights from his regular job which means that he can only perform inspections on weeknights (2 R.R. 143). When Bizios learned that the Town's extension of the building code to its ETJ was not authorized, he decided to fight the Town's illegal action: "It's a matter of principle and I wanted to take a stand on this." (3 R.R. 56). There is no evidence in the record that Bizios' house fails to meet the requirements of the International Residential Code. The Town's part-time building inspector made advisory comments on Bizios' building plans (2 R.R. 127, 4 R.R., p. 1, Ex. 8). Except for a difference of opinion as to one type of air vent construction, both Bizios' contractor and the Town's building inspector agree as to the construction standards for the house (3 R.R. 28-31). The vent desired by Bizios's contractor is authorized by most DFW cities and the International Residential Code (3 R.R. 31). Town Ordinance No. 08-06 extended the Town's subdivision regulations to its ETJ in 2009 (C.R. 222-243). On or about March 11, 2011, the Town Council enacted Ordinance No. 11-11 that extended the Town's subdivision ordinance and -3 - building code to its ETJ (C.R. 307-10). The ordinance was allegedly "adopted under the authority" of Chapter 212 of the Texas Local Government Code (C.R. 308). Pursuant to that "authority," the Town extended its building code to its ETJ (C.R. 309). In 2013, the Town again extended its building code to the ETJ pursuant to the alleged authority granted under Chapter 212 (C.R. 349-50). All of these ordinances were adopted after the final plat for the Subdivision was approved (C.R. 109). After construction of the house started, the Town filed its petition requesting the trial court to order Bizios to obtain building permits for his Lot from the Town and pay the associated fees (C.R. 4-15). Following a temporary injunction hearing, the trial court judge entered a temporary injunction order requiring Bizios to obtain building permits from the Town (C.R. 651-3). SUMMARY OF ARGUMENT The Town is requiring Bizios to obtain building permits and pay fees to construct a house that will never be annexed by, or receive services from, the Town, a general law town. There is no dispute that this $1.2 million house will meet the requirements of the International Residential Code, and there is no evidence that Bizios' house is being poorly constructed or can be considered dangerous. -4-  The Town's motivation to extend its building code to the ETJ is not based on health or public safety—it is based on raising revenue. By extracting over $15,750.00 in permit and license fees from Bizios and paying its part-time building official only $1,200.00 for plan review and inspection fees, the Town obtains significant revenue with no future expense. The Town provides no services to the Bizios' property, and Bizios cannot vote in city elections or utilize city facilities. This harkens back to the origin of our country: taxation without representation. There is no express statutory language authorizing a general law town to extend its building code to its ETJ. The Town argues that this authority is implied under Chapter 212 of the Texas Local Government Code and the decision in Lucas v. North Texas Municipal Water District, 724 S.W.2d 811 (Tex. App.— Dallas 1986, writ refd n.r.e.). There is no express language in Chapter 212, however, authorizing a general law town to require building permits in its ETJ. Because the case law since the 1994 Lucas opinion does not support the Town's argument, the trial court erred. In any event, the Town is prohibited under Section 212.007 of the Texas Local Government Code from applying its subdivision regulations to Bizios' property. Therefore, the Town cannot extend its building codes to the Subdivision in its ETJ based on Chapter 212 or Lucas. Without platting authority, the Town lacks building code authority. -5-  Finally, it is undisputed that the Town enacted its ordinances extending its building code to the ETJ well after the 1995 plat was approved and recorded. Bizios has vested rights to develop and construct in accordance with Town's 1995 ordinances, which did not include the building code extension. The exceptions in section 245.004 of the Texas Local Government Code do not apply. The trial court's decision to grant the temporary injunction is extremely disappointing to Bizios because he simply happened to be on the wrong end of the judge's coin flip (3 R.R. 61). The judge admitted that he had "absolutely no idea what the proper and correct decision is." (3 R.R. 61). He also admitted that there was little doubt that this Court would reverse his decision (3 R.R. 61). This Court should do just that. ARGUMENT AND AUTHORITY A. Standards of Review A temporary injunction is an extraordinary remedy and does not issue as a matter of right. See Walling v. Metcalfe, 863 S.W.2d 56, 57 (Tex. 1993) (per curiam). To obta in temporary injunctive relief, an applicant must plead a cause of action against the defendant, and provide evidence to support a finding that there is a probable right to the relief sought, and a probable, imminent, and irreparable injury. See Butnaru v. Ford Motor Co., 84 S.W.3d 198, 204 (Tex. 2002). The party seeking injunctive relief has the burden to establish all of the elements for that relief. See N. Cypress Med. Ctr. Operating Co. v. St. Laurent, 296 S.W.3d 171, 175 (Tex. App.—Houston [14th Dist.] 2009, no pet.); -6- Tom James Co. v. Mendrop, 819 S.W.2d 251, 253 (Tex. App.—Fort Worth 1991, no writ). The trial court's injunction order is subject to an abuse of discretion standard. A trial court abuses its discretion if its decision is "arbitrary, unreasonable, and without reference to guiding principles." Goode v. Shoukfeh, 943 S.W .2d 441, 446 (Tex. 1997). There are two types of injunctions: prohibitive and mandatory. See Tri-Star Petroleum Co. v . Tipperary Corp ., 101 S.W.3d 583, 592 (Tex. App.—El Paso 2003, pet. denied). A "prohibitive" injunction forbids or restrains conduct, whereas a "mandatory" injunction requires it. Id. (citing Universal Health Servs., Inc. v. Thompson, 24 S.W.3d 570, 576 (Tex. App.— Austin 2000, no pet.) and LeFaucheur v. Williams, 807 S.W.2d 20, 22 (Tex. App.—Austin 1991, no writ)). The issuing of a temporary mandatory injunction is proper "only if a mandatory order is necessary to prevent irreparable inju ry or extreme hardship." Tri Star Petroleum, 101 S.W.3d at 592 (citing LeFaucheur, 807 S.W.2d at 22). While granting a mandatory injunction is within the sound discretion of the trial court, it "should be denied absent a clear and compelling presentation of extreme necessity or hardship." Id. This Court should review the trial court's grant of a mandatory temporary injunction in this case under these standards. B. Trial Court Abused Its Discretion In Granting Injunctive Relief As The Town Did Not Show A Probable Right of Recovery The trial court's injunction order is in error because the Town did not show a probable right of recovery. To show a probable right of recovery, an applicant need not establish that it will finally prevail in the litigation, but it must, at the very least, present some evidence that, under the applicable rules of law, tends to support its cause of action. -7- See Camp v. Shannon, 162 Tex. 515, 348 S.W.2d 517, 519 (Tex. 1961); IAC, Ltd. v . Bell Helicopter Textron, Inc., 160 S.W.3d 191, 197 (Tex. App.—Fort Worth 2005, no pet.). Here, the Town's only cause of action was to force Appellant to apply for building permits from the Town. Therefore, it had to prove that it had authority to require the Appellant to comply with the building code. i. General Law Town Ordinance-Making Authority Is Extremely Limited The two predominant classifications of cities in Texas are general law towns (like the Town) and home rule cities. As a general law town, the Town (like a county) can only exercise those governmental powers expressly delegated to it by the Texas Legislature. See DAVID BROOKS, MUNICIPAL LAW AND PRACTICE, TEXAS PRACTICE, V ol. 22, p. 89. The 1912 amendment to the Texas Constitution authorized cities on a local basis to adopt a charter, thus creating home rule cities as mini-legislatures unto themselves. Home rule cities have significantly broader governmental powers than general law towns. See Forewood v. City of Taylor, 214 S.W.2d 282 (Tex. 1948). In more than one instance, the Texas Supreme Court has recognized that the home rule amendment granted to home rule cities the '"fall power of local self-government.'" City of Houston v. State ex rel City of West University Place, 142 Tex. 190, 176 S.W.2d 928, 929 (1943). The Town, on the other hand, derives its power from the Legislature and is restricted by the express language of state statute. See Tex. AG Op. JM-169. This Court has held that a -8- general law town must strictly comply with the language of an applicable statute. See City ofNorthlake v. E ast Justin JV, 873 S.W.2d 141 (Tex. App.—Fort Worth, 1994, writ den.). ii. No Texas Statute Expressly Authorizes The Town To Apply Its Building Code To Its ETJ The Town claims that its authority to require building permits in the ETJ is implied under the state platting statute, Chapter 212 of the Texas Local Government Code (C.R. 506). A plat is only required to be submitted and approved under section 212.004 when a tract of land is subdivided. There is no indication that the Legislature intended to address building permits in the platting statute. "Legislative intent remains the polestar of statutory construction." City of LaPorte v. Barfield, 898 S.W.2d 288, 292 (Tex. 1995). It is cardinal law in Texas that a court construes a statute, "first, by looking to the plain and common meaning of the statute's words." Liberty Mut. Ins. Co. v. Gar rison Contractors, 966 S.W.2d 482, 484 (Tex. 1998). Further, if a statute is unambiguous, rules of construction or other extrinsic aids cannot be used to create ambiguity: When the purpose of a legislative enactment is obvious from the language of the law itself, there is nothing left to construction. In such case it is vain to ask the courts to attempt to liberate an invisible spirit, supposed to live concealed within the body of the law. Dodson v. B unton, 81 Tex. 655, 17 S.W. 507, 508 (1891). -9-  Ordinary citizens should be able to rely on the plain language of a statute to mean what it says. See Addison v. H olly Hill Fruit Prods., Inc., 322 U.S. 607, 618, 64 S.Ct. 1215, 88 L.Ed. 2d. 1488 (1944). Typically, courts will concentrate on the literal text of a statute in order to ascertain its meaning. See Bridgestone/Firestone, Inc. v. Glyn-Jones, 878 S.W.2d 132, 133 (Tex. 1996). The Town cites Local Government Code sections 212.002 and 212.003 as authority for its assertion of the power to require builders to obtain building permits in the Town's ETJ (C.R. 506). These statutes, however, are directed at the regulation of plats and subdivisions, not building of structures. In fact, Subchapter A of Chapter 212 is entitled "Regulation of Subdivisions." This subchapter says nothing about building structures in general or permits in specific. Subchapter B, in contrast, is titled "Regulation of Property Development," with "development" defined as "the new construction or the enlargement of any exterior dimension of any building, structure, or improvement." TEX. LOC. GOV'T CODE § 212.043(1). This subchapter, moreover, expressly provides that "[t]his subchapter does not authorize the municipality to require municipal building permits or otherwise enforce the municipality's building code in its extraterritorial jurisdiction." Id. at § 212.049. The only way that the trial court's injunction can be sustained is by adding terms to these statutes. But, adding verbiage to statutes by implication was -10- expressly forbidden by the Texas Supreme Court in M. Fitzgerald v. Advanced Spine Fixation,: The manufacturer's interpretation would have us judicially amend the statute to add an exception not implicitly contained in the language of the statute. We may add words into a statutory provision only when necessary to give effect to clear legislative intent. See Jones v. Liberty Mut. Ins. Co., 745 S.W.2d 901, 902 (Tex. 1988); see also Public Util Comm'n v. Cofer, 754 S.W.2d 121, 124 (Tex. 1988) ("A court may not write special exceptions into a statute so as to make it inapplicable under certain circumstances not mentioned in the statute."). Only truly extraordinary circumstances showing unmistakable legislative intent should divert us from enforcing the statute as written. No such extraordinary circumstances are present in this case, as the rest of this opinion discusses, (italics added) Id. at 867. 996 S.W.2d 865 (Tex. 1999). In this case, neither the subdivision statute for municipalities nor any other statute expressly authorizes general law towns to extend their building codes to their ETJs. There are no "truly extraordinary circumstances" justifying the court from enforcing Chapter 212 as written. In short, the Town has not demonstrated that it has authority, and in fact it does not have authority, to require Bizios to obtain building permits for development in the ETJ. This Court addressed similar issues in Rhino Real Estate Investments, Inc. v. City of Runaway Bay, No. 02-08-00340-CV, 2009 WL 219613 (Tex. App.—Fort Worth July 23, 2009, no pet.) (mem. op.). Instead of ruling on the larger issue of a general law town's authority to extend its building codes to the ETJ, this Court held that Runaway Bay's ordinance did not expressly apply itself to the ETJ. The -11 - Court discounted Runaway Bay's argument that an ordinance setting a fee for building permits in the ETJ equated to extending the entire building code to the ETJ. Id. at 3. In a footnote, the Court summarized Rhino's argument that is similar to Bizios' here that Chapter 212 of the Texas Local Government Code does not authorize a general law town to extend its building code to its ETJ. Id. at 4. The Court in Rhino cited to Milestone Potranco Dev. Ltd. v. City of San Antonio, 298 S.W.3d 242 (Tex. App.—San Antonio 2009, pet. den.) in reference to this argument. In Milestone, the court determined that San Antonio's tree ordinance was a rule governing plats and subdivisions. Id. at 244-5. The court went on to validate the tree ordinance as a rule governing plats and subdivisions in the ETJ because its enforcement was limited solely to situations involving the subdivision and platting of land. See id. "[W]e conclude the Tree Ordinance was intended to, and does, govern only plats and subdivisions of land." Id. at 247. However, in this case, the Town's application of its building code is not commensurate with the platting of Bizios' property. As a result, the trial court erred in holding that Bizios could be required to obtain building permits from the Town under Chapter 212. iii. The Injunction Violates Texas Supreme Court Precedent The Texas Supreme Court held in City of San Antonio v. Cit y of Boerne, 111 S.W.3d 22 (Tex. 2003) that the authority of a county (similar to the authority of -12- general law towns) would not extend beyond the express grant of the statute. . It must be noted that Boerne was decided after the Lucas decision, which was relied upon by the Town. In Boerne, two county commissioner courts consented to the annexation o f county roads to assist in a Boerne annexation. The Supreme Court held that a commissioners court can only exercise those powers "expressly given by either the Texas Constitution or the Legislature (italics added)." Id. at 28. If the Constitution or Legislature imposes an obligation, then the commissioners court has an implied authority to exercise the powers needed to fulfill the obligation. In Boerne, the statute authorizing "general control" of roads to counties did not authorize them to petition for annexation. Unless a commissioner court's action was restricted to providing for safer roads for public travel, its action would be deemed void as exceeding legislative authority. Id. at 29.Similarly, in this case, the Town does not have express authority to require that building permits be obtained in the ETJ. The Town argues that the platting statute implies that buildings codes can be extended to a general law town's ETJ and solely relies for support on the holding in Lucas. The discussion about building permits in Lucas was brought up at the motion for rehearing and is dicta as to the points of error brought in that case. Lucas is almost 30 years old but has never been cited in a Texas appellate opinion. In 1986 (the date of the Lucas opinion), state statutes did not expressly address the - 13 - adoption and implementation of building codes by municipalities. Lucas is no longer good law as it relates to extension of building codes to the ETJ. The Lucas court erroneously based its holding on City o f Weslaco v. Carpenter, 644 S.W.2d601, 603 (Tex. App.—Corpus Christi 1985, writ r e f d n.r.e.). Weslaco involved the partitioning of land into 128 mobile home rental spaces. The developer was attempting to avoid the applicability of the subdivision statute by renting, rather than selling, spaces. The Lucas court cites Weslaco's holding on subdivisions that the "use of the term is not restricted to the division itself but also encompasses development of the divided tracts." 724 S.W.2d at 823. The development o f the tracts in Weslaco referred to subdivision development only because there would be no construction of mobile homes as there would be with site-built housing. While the Corpus court held that the City's subdivision rules and regulations must be followed, there was no discussion in Weslaco that the city would be authorized to extend its building codes into its ETJ. The Lucas holding that a general law town has authority under Chapter 212 to extend its building codes to its ETJ has been effectively overruled by the Supreme Court's Boerne decision. iv. Recent Changes Limit The Application Of Municipal Building Codes Only To Buildings Within Corporate Limits Further, since Lucas, the Legislature has adopted a state-wide building code requirement that limits its applicability within corporate limits. See § 214.212, - 14- Tex. Loc. Gov't Code. At the time of the Lucas opinion, there were no statutes directly addressing municipal building codes. In 2001, however, the Legislature required all Texas cities pursuant to Senate Bill 365 to adopt the International Residential Code ("IRC") in § 214.212 of the Texas Local Government Code: (a) To protect the public health, safety, and welfare, the International Residential Code, as it existed on May 1, 2001, is adopted as a municipal residential building code in this state. (b) The International Residential Code applies to all construction, alteration, remodeling, enlargement and repair of residential structures in a municipality (emphasis added). TEX. LOC. GOVT. CODE ANN. § 214.212(a)-(b). Significantly, section 214.212 requires municipalities to adopt the IRC. It imposes a mandatory uniform residential building code, as opposed to merely providing an optional code that cities may, but are not required to, adopt. The statute expressly authorizes a municipality such as the Town to apply its building code to construction only "in a municipality," e.g., within its corporate boundaries. To imply that the Legislature intended to allow general towns to also apply their building codes in the ETJ would violate the holdings in M. Fitzgerald and Boerne. Another indicia of legislative intent was the introduction, but lack of passage, of HB 609 (Smith) in 2007. See Appendix, Tab G. This bill would have expressly authorized cities to extend by ordinance their building codes to the ETJ. If the Legislature's interpretation of state statutes was that cities already had the -15- power to require building permits in the ETJ, then the introduction of HB 609 would have been unnecessary. Further, it is significant that the Legislature has expressly stated its intent in other statutes as to when a municipality can extend its land use regulations to its ETJ. For example, section 216.003 of the Texas Local Government Code authorizes a municipality to regulate "any sign within its corporate limits or extraterritorial j u r i s d i c t i o n S e e TEX. LOC. GOVT. CODE 216.003. Similarly, section 216.902 authorizes a city to "extend the provisions of its outdoor sign regulatory ordinance and enforce the ordinance within its extraterritorial j u r i s d i c t i o n I d . at 216.903. A home rule city may define and prohibit a nuisance "within the limits of the municipality and within 5,000 feet outside the limits." Id. at 217.042. Extending building codes to the ETJ is excluded from this list o f statutes. The Latin maxim: "expressio unius est exclusio alterius" means "expression of one thing is the exclusion of another." Cameron v. Terrell & Garrett, Inc., 628 S.W.2d 535 (Tex. 1981). If the Legislature intended to allow general law towns to apply the IRC in a municipality and its ETJ, it could have done so. Because extending the building code to the ETJ is not expressly addressed by the Legislature, it is clear that the Legislature did not intend for general law towns to extend their building codes to the ETJ. - 16-  v. Other State Statutes Cited By The Town Do Not Expressly Authorize The Extension Of Building Codes To The ETJ At the temporary injunction hearing, the Town argued that section 214.904(a) of the Texas Local Government Code authorizes the Town to extend its building code to its ETJ because it refers to the issuance of building permits "in the municipality or its extraterritorial jurisdiction." (C.R. 510). But this statutory provision provides neither express nor implied authority for a general law town to extend its building codes to its ETJ similar to sections 216.003 and 216.902 of the Texas Local Government Code and this Court's holding in Runaway Bay. As the HB 265 bill analysis indicates, the bill was simply intended to force cities to act on development permits instead of delaying them indefinitely. See Appendix, Tab H. There is no statutory language or legislative history indicating legislative intent for Section 214.904(a) to expand a general law town's authority to allow it to extend its building code to its ETJ. The Town also cites section 233.153(a) of the Texas Local Government Code which requires homes in unincorporated areas of a county to meet International Residential Code requirements (C.R. 507). This provision states that if a city has adopted a building code in the ETJ, then the county's jurisdiction does not apply. Again, the statute does not expressly authorize general law towns to extend their building codes to the ETJ, and the Legislature could have intended the statute to apply only to home rule cities. - 17-  The Town incorrectly argues that the language of section 214.904 and the other referenced statutes would be "futile and useless" if the it was unable to extend its building code to its ETJ (C.R. 510). This Court recently addressed a similar argument in Oncor Elec. Delivery Co. v. Brockriede, No. 02-13-00071-CV, 2013 WL 6564276 (Tex. App.—Fort Worth 2013, no pet.). The issue in Oncor was whether section 21.049 o f the Texas Property Code required that notice be sent to the landowner's counsel. Although the landowner received notice, his counsel did not. As this Court noted, the Legislature could have amended the statute to reflect the notice provisions of Texas Rule of Civil Procedure 21a, which requires that counsel receive notice. Id. at 3. However, enforcing the statute as written did not lead to an absurd result. A similar analysis applies in this case. The Texas Legislature made the legislative and policy decision to not give general law towns express authority to extend their building codes to the ETJ. Home rule cities, on the other hand, have independent police powers that general law towns do not have. The Legislature could have intended that section 214.904 could apply to a home rule city that has extended its building code to the ETJ, but there is no evidence that the Legislature intended to allow general law towns like the Town the same privilege. - 18-  vi. The Town Has No Compelling Reason That It Should Be Able To Require Building Permits In The ETJ I f the Town could attain home rule status and involuntarily annex the Lot, at least it could argue that the Town wants to protect its future housing stock. In this case, however, there is no evidence that the Town can ever gain the legal status to effectuate a unilateral annexation and obtain corporate jurisdiction over the Lot. The Town is simply extracting revenue without providing city services to the Lot. City representatives admit that the Town cannot unilaterally annex the Addition (2 R.R. 82). Any annexation would require the consent of the homeowner, and there is no evidence that such consent would be given (2 R.R. 82). The Town implies that it can unilaterally annex the Lot without consent pursuant to section 43.033 of the Texas Local Government Code. A prerequisite to this type of annexation is that the town provide water or sewer to the Addition. Little Elm owns the water CCN and currently provides water to the subdivision (3 R.R. 14). There is no evidence or indication that the Town will ever serve this area with water. All of the houses have septic systems, and the Town does not have a sewer CCN for this area (3 R.R. 14). It would cost the Town millions of dollars to extend sewer lines, and none o f the Town's witnesses testified that the Town has the economic resources for such a project (3 R.R. 14). In addition, section 43.003(b) of the Texas Local Government Code provides that the residents - 19- can disannex the property after one year, and the Town must disannex. Because the Lot will never be in the Town's corporate limits, there is no policy reason to require Bizios to submit building permits to the Town. vii. The Trial Court Erred In Holding That The Town Had The Authority To Extend Its Building Code To Its ETJ When The Town Had No Platting Authority Over The Subdivision Both the holding in Lucas and Ordinance No. 13-07 state that the legal basis for extending a general law town's building code to its ETJ is based on Chapter 212 o f the Local Government Code (C.R. 302). The Town, however, has no authority under Chapter 212 over the Lot or the Subdivision. Without this nexus to the platting statute, the Town has no building code authority over the Lot. The Town has no authority under Subchapter A to regulate the Lot or the Subdivision because its population is less than Little Elm's (2 R.R. 85). Section 212.007 of the Texas Local Government Code expressly gives platting authority to only one city when a subdivision is located within two different ETJs. Because Little Elm's population has always been greater than the Town's population, it has the legislative authority to apply its subdivision regulations over the entirety of the Subdivision (C.R. 85). The Town has no platting authority over the Subdivision. In fact, Little Elm approved the final plat for the Subdivision (C.R. 109). The Legislature has foreclosed the Town's authority to extend its subdivision regulations (and consequently its building code) to the Lot. -20-  Assuming that the Town could extend its building code as an element of Chapter 212 subdivision authority, the Code cannot be extended in this case because Bizios is not platting or subdividing his property. He is building his house on a lot shown on a recorded 1995 subdivision plat (C.R. 109). As a result, the Town is prohibited from applying its building code to the Lot because it lacks any platting authority over the Lot or the Addition under section 212.007 of the Texas Local Government Code. viii. The Trial Court Erred In Holding That The Subdivision Project Is Not Protected From The Application Of New Town Building Permit Regulations In Accordance With The Vested Rights Statute a. Chapter 245 Protects The Subdivision Project From Subsequently Enacted Ordinances Historically, Texas law made it difficult for a developer or homebuilder to obtain vested rights (or grandfathering) in a previously permitted development project. The concept of vested rights refers to those circumstances where the law prevents governmental interference with a landowner's partially completed development. See David Hartman, Risky Business: Vested Real Property Development Rights — The Texas Experience and Proposals f o r the Texas Legislature to Improve Certainty in the Law, 30 Tex. Tech L. Rev. 297, 299 (1999). In passing the Texas vested rights statute, the Texas Legislature clearly -21 - intended to protect development rights similar to Appellant's rights in the present case at the expense of municipalities such as the Town. The Texas vested rights statute is in Chapter 245 of the Texas Local Government Code ("Chapter 245"), and its purpose was to reenact the vested rights statute previously contained in Chapter 481 of the Government Code which was inadvertently repealed by the 75th Legislature. When the Legislature added Chapter 245 in 1999, it made several findings: Section 1. FINDINGS; INTENT . . . (b) The legislature finds that the repeal of former Subchapter 1, Chapter 481, Government Code, which became effective September 1, 1997, resulted in the reestablishment of administrative and legislative practices that often result in unnecessary governmental regulatory uncertainty that inhibits the economic development of the state and increases the cost of housing and other forms of land development and often resulted in the repeal o f previously approved permits causing decreased property and related values, bankruptcies, and failed projects . . . Act of May 11, 1999, th76 Leg., R.S. Ch. 73, 1999 Tex. Gen. Laws 432 (emph. added). The Town's position that it can apply subsequently enacted regulations to previously permitted projects and inhibit economic development and increase the cost of housing violates of the Legislature's statutory intent. A project that requires a series of permits or approvals in order to reach completion is to be governed by the rules in effect at the time that the first application in that series is made to the appropriate regulatory authority: Each regulatory agency shall consider the approval, disapproval, or conditional approval of an application for a permit solely on the basis -22-  of any orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect at the time the original application for the permit is filed. TEX. LOC. GOVT. CODE, § 2 4 5 . 0 0 2 . A permit is defined as a "license, certificate, approval . . . or other form of authorization required by law that a person must have to initiate, continue or complete a project." Id. at § 245.001(1). The statute expressly provides that "Preliminary plans and related subdivision plats, site plans, and all other development permits for land covered by the preliminary plans or subdivision plats are considered collectively to be one series of permits for a project." Id. at § 245.002. In this case, the protected project is the Subdivision with prior plat approval. It is undisputed that the Town started requiring building permits from Bizios after the initial permits for the Subdivision were approved (3 R.R. 53, 54, 61). As a result, the new regulations cannot be applied pursuant to section 245.002. b. The Dallas Court Of Appeals' Holding In Hartsell Supports Bizios' Position The facts in this case are very similar to those in Hartsell v. Town o f Talty, 130 S.W.3d 325 (Tex. App.—Dallas 2004, pet. denied.). Talty, like the Town, is a general law town. After plats were approved, lots were sold, and houses were under construction, Talty started applying its building code to the previously platted subdivision. It is undisputed in this case that the Town is attempting to -23 - apply its building code after the plat for the Subdivision was approved, lots were sold, and houses were under construction. Similar to this case, the trial court in Hartsell ruled in favor o f the municipality. The Dallas court reversed and rendered in favor of the homebuilder on his Chapter 245 claim. Id. at 326. In addition, the court reversed the trial court's award o f attorney's fees to Talty and remanded the issue to the trial court for its reconsideration. Id. The court did not reach the issue o f whether a general law town could apply its building code in its ETJ. Id. at 329. Instead, the court held that the subdivision in that case was a protected project, which prohibited Talty from subsequently applying its building code to new housing construction in the ETJ. Id. at 328. Just as in the Hartsell case, the Town attempts to apply new ordinances to a previously platted project in its ETJ in violation of Chapter 245. c. Other Precedent Supports The Application of Vested Rights To Foreclose The Town's Attempt To Apply Its Building Codes To Appellant's Property A municipality may not, after annexing an area, prohibit a landowner from: (1) beginning to use land in the area in the manner that was planned for the land before the ninetieth day before the effective date o f the annexation if: (a) one or more licenses, certificates, permits, approvals, or other forms of authorization by a governmental authority were required by law for the planned land use; and (b) a completed application for the initial authorization was filed with the governmental -24- entity before the date the annexation proceedings were instituted. See TEX. LOC. GOVT. CODE ANN. § 43.002(a) (Vernon Supp. 2006). The Texas Legislature made it clear that a municipality, particularly a general law town like the Town, cannot change the rules after a project such as the Subdivision has commenced. The Town argues that vested rights does not apply because the final plat for the Addition was not approved by the Town (C.R. 520-1). TEX. LOC. GOVT. CODE § 245.002(a)(2) states that "each" regulatory agency will consider a permit based on the ordinances in effect at the time "a plan for development of real property or plat application is filed with a regulatory agency." TEX. LOC. GOVT. CODE ANN. § 245.002(a)(2) (emphasis added). In addition, vested rights accrue on the filing of a plat that "gives the regulatory agency fair notice of the project and the nature of the permit sought." Id. at §245.002(a-l). The Town claims that Chapter 245 does not apply because the Town did not approve the 1995 subdivision plat pursuant to the Austin Court of Appeals' opinion in Shumaker Enterprises, Inc. v. City o f Austin, 325 S.W.3d 812 (Tex. App.—Austin 2010, no pet.). Shumaker obtained a mining permit in 2005 from Travis County on property that was partially in Austin's ETJ. After Austin's annexation o f a portion of the tract, Shumaker was required to obtain a mining permit from Austin. Shumaker objected based on Chapter 245. The court of appeals focused solely on TEX. LOC. GOVT. CODE ANN. § 245.002(a)(i) and held -25 - that the original permit application "for the permit" refers to a permit "sought from the regulatory authority that is charged with determining whether to approve . . . the pending application." Id. at 815. There are no cited authorities supporting the court of appeals' opinion. Bizios submits that Shumaker was wrongly decided and is contrary to the express legislative intent in Chapter 245 to protect developers at the expense of municipalities. Furthermore, the court of appeals did not address the language o f TEX. LOC. GOVT. CODE ANN. § 245.002(a)(2), which states that a developer's rights may also vest when a plat application is "filed with a regulatory agency" (emphasis added). Under Texas case law the word "a" means "any." Chavira v. State (Tex. Crim. App. 1958). TEX. LOC. GOVT. CODE ANN. § 245.002(a)(2) can therefore be read as "Each regulatory agency shall consider . . . an application for a permit solely on the basis of any . . . ordinances . . . in effect at the time a . . . plat application is filed with any regulatory agency." Denton County and Little Elm are considered to be regulatory agencies and the 1995 plat would be considered the initial permit in the project's series o f permits. Therefore, Chapter 245 provides vested rights protection to Bizios pursuant to § 245.002(a)(2). - 26 -  d. The Town had notice o f the final plat for the project and the Addition The Town weakly argues that it did not have fair "notice" of the Subdivision project and the approved 1 9 9 5 plat (C.R. 5 1 7 - 9 ) . Documents in the City's records prove otherwise. Contrary to its arguments at the temporary injunction, the Town had both actual and constructive knowledge of the approval of the plat for the Subdivision. For example, the Town's official records include an ETJ map showing each of the lots in the Subdivision as shown on the recorded 1 9 9 5 plat ( 4 R.R., Ex. 4 ) . The Town's official documents also show the platted boundaries on Bizios' and surrounding lots on its contour map ( 4 R.R., Ex. 4 ; 3 R.R. 3 5 - 6 ) . Town's counsel introduced certified copies of the Denton Central Appraisal District records describing Bizios' lot as Sunrise Bay at Lake Lewisville, Block 1, Lot 8 4 ( 4 R.R., Ex. 6). The City's official records included earlier building permits for tracts described as lots within the Sunrise Bay Subdivision ( 4 R.R., Plaintiff Exs. 4 , 5 ) . In addition, it is obvious from a street or aerial view that the houses in the Subdivision are located on tracts less than five acres in size. As a matter o f law, a plat was required to be approved for a subdivision with lots less than five acres in size pursuant to TEX. LOC. GOVT. CODE ANN. § 2 1 2 . 0 0 4 . For Town officials to claim they did not know that Bizios' Lot was part of a previously platted subdivision is duplicitous. - 27 -  e. The Exemptions In Section 245.004 Do Not Apply Under These Facts The Town argues that Bizios lacks vested rights pursuant to TEX. LOC. GOVT. CODE ANN. § 2 4 5 . 0 0 4 ( 1 ) which exempts permits at least two years old which were "issued for the construction of a building or structure." (C.R. 5 1 8 - 9 ) . The Town confuses plat approval as a permit for the construction of a building. According to Chapter 2 1 2 of the Texas Local Government Code, a plat is an approval to subdivide land and build public infrastructure, not to construct a house by issuance of a building permit. The Dallas court addressed a similar situation in Hartsell v. Town o f Talty, 130 S.W.3d 3 2 5 (Tex. App.—Dallas 2 0 0 4 , pet. den.). The court held that Chapter 2 4 5 prohibited Talty's extension of its building code to its ETJ after plat approval. See id. Both the Town and the trial court acknowledged that §245.004(1) did not apply. Id. at 3 2 8 - 9 . The 1995 plat is not a permit "issued for the construction of a building or structure intended for human occupancy," and TEX. LOC. GOVT. CODE ANN. § 2 4 5 . 0 0 4 ( 1 ) does not apply. The Town also refers to TEX. LOC. GOVT. CODE ANN. § 2 4 5 . 0 0 4 ( 1 1 ) , which exempts "regulations to prevent the imminent destruction o f property or injury to persons." ( C . R . 5 1 9 ) . "Imminent" contemplates a split second reaction to a pending potential harm. See Garza v. State, No. 0 5 - 0 7 - 0 0 1 7 6 - C R , 2 0 0 7 W L 3348419 (Tex. App.—Dallas Feb. 13, 2 0 0 7 , no pet.) (not desig. pub.); Washington -28- v. State, 152 S.W.3d 209, 211 (Tex. App.—Amarillo 2004, no pet.); Stefanoff v. State, 78 S.W.3d 496, 500 (Tex. App.—Austin 2002, pet. den). There is no evidence in the record of any danger o f imminent destruction related to the construction of a house on Bizios' lot. None of the section 245.004's exemptions apply in this case. CONCLUSION AND PRAYER The trial court erred because the Town, as a general law town, (i) cannot extend its building codes to the construction of a house in its ETJ, (ii) is prohibited from applying its building code under TEX. LOC. GOVT. CODE ANN. § 2 1 2 . 0 0 7 , and (iii) cannot apply its new ordinances to Appellant's previously permitted project under Chapter 2 4 5 . The trial court abused its discretion in entering the temporary injunction because the Town failed to produce any evidence of a probable right of recovery. Appellant prays that the trial court's temporary injunction order be reversed and rendered in favor of Appellant, that this case be remanded for final trial on the merits, that Appellant be awarded its costs, and this Court grant to Appellant such other and further relief at law and equity to which it may show itself justly entitled. -29- Respectfully submitted, WINSTEAD PC Arthur J. Anderson State Bar No. 01165957 500 Winstead Building 2728 N. Harwood Street Dallas, Texas 75201 (214) 745-5745 - Phone (214) 745-5390-Fax David F. Johnson SB No. 24002357 WINSTEAD PC 777 Main Street, Suite 1100 Fort Worth, Texas 76102 Telephone No.: (817) 420-8223 Fax No.: (817)420-8201 By:_ /s/ Arthur J. Anderson ONE OF COUNSEL ATTORNEYS FOR APPELLANT HARRY BIZIOS -30-  CERTIFICATE OF SERVICE I hereby certify that on the th25 day of June, 2014, a true and correct copy of the foregoing was served by electronic filing to the following counsel of record: William Andrew Messer, Esq. MESSER, ROCKEFELLER & FORT, P.L.L.C. 6351 Preston Road Suite 350 Frisco, TX 75034 /s/ Arthur J. Anderso n ONE OF COUNSEL CERTIFICATE OF COMPLIANCE WITH RULE 9.4 Pursuant to Texas Rule of Appellate Procedure 9.4(i)(4), I hereby certify that the above styled document contains 7,563 words, excluding the caption, identity of parties and counsel, statement regarding oral argument, table of contents, index of authorities, statement of the case, statement o f issues presented, signature, proof of service, certification, certificate of compliance, and appendix. Counsel is relying on a word count computer program used to prepare the document. /s/ Arthur J. Anderso n ONE OF COUNSEL = 31 -  APPENDIX TAB A: Aerial of Area TAB B: Order Granting Temporary Injunction (C.R. 651-3) TAB C: TEX. LOC. GOVT. CODE Chapter 2 4 5 TAB D: TEX. LOC. GOVT. CODE §§ 2 1 4 . 2 1 1 - 2 1 4 . 2 1 6 TAB E: TEX. LOC. GOVT. CODE §§ 2 1 2 . 0 0 1 - 2 1 2 . 0 0 7 TAB F: TEX. LOC. GOV'T CODE §§ 2 1 2 . 0 4 1 - 2 1 2 . 0 4 9 TAB G: Introduced (but not enacted) H B 6 0 9 by Smith in 2 0 0 7 Regular Session TAB H: House Research Organization Bill Analysis of HB 265 by Smith dated March 22, 2005 DALLAS_l/6295044v.4 56756-1 06/25/2014 -32-  Cause No. 14-01991-431 FILED s 20IUPRI7 M A II IIt TOWN OF LAKEWOOD VILLAGE, § IN THE iS&WSltfF Plaintiff, § DISTRICT CLERK DLNTCM CO., T X § Y C\(^> § - DEPUTY v. § DENTON COUNTY, TEXAS § HARRY BIZIOS, § Defendant. § 431st JUDICIAL DISTRICT ORDER GRANTING TEMPORARY INJUNCTION On this day came to be considered the Plaintiff, the Town o f Lakewood Village's, Request for Temporary Injunction against Defendant, Harry Bizios. The Court, having considered the Request, the evidence presented, arguments o f counsel, and the pleadings on file in this case, is o f the opinion that Plaintiffs Request for a Temporary Injunction should be GRANTED. IT IS THEREFORE ORDERED that Defendant Harry Bizios and his agents, servants, employees, representatives, and all persons or entities o f any type whatsoever acting in concert with him or acting on his behalf, shall allow inspections by the Town o f Lakewood Village's Building Official or designee on the Property, and shall immediately cease and desist any construction on the Property described as LOT 84, BLOCK 1 OF SUNRISE BAY AT LAKE LEWISVILLE, AN ADDITION TO THE CITY OF LITTLE ELM, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET L, PAGE 224, PLAT RECORDS, DENTON, COUNTY, TEXAS (the "Property") until such time as they have (1) applied for and obtained approval from the Town o f Lakewood Village o f necessary permits; (2) submitted engineering inspection certificates to the Town o f Lakewood Village; and (3) complied with the Town's Ordinances. ORDER GRANTING TEMPORARY INJUNCTION - PAG E 1 651  The Court finds from the facts and evidence set forth in Plaintiffs Request and the evidence adduced at the hearing on this matter, that Plaintiff has suffered and will continue to suffer a probable injury inasmuch as harm is imminent from Defendant's violations o f the Town o f Lakewood Village's Ordinances, including by constructing a single family residence without a building permit issued by the Town and inspections and plan approval by the Town. Without injunctive relief, defendant will engage in the activities enjoined. The Court further finds that unless Defendant and his agents, servants, employees, representatives, and all persons or entities o f any type whatsoever acting in concert with him or acting on his behalf are immediately enjoined as described above, Defendant will continue to violate the Town Ordinances. Injunctive relief is warranted in this cause, as the Town has suffered and will continue to suffer violations o f its duly-enacted Ordinances with no recourse to prevent such violations. The Court also finds from the facts and evidence set forth in the Request and evidence adduced at the hearing on this matter that Plaintiff has a probable right to relief at final hearing and that there is a substantial likelihood that Plaintiff will prevail on the merits at trial, that a temporary injunction issued to Defendant and his agents, servants, employees, representatives, and all persons or entities o f any type whatsoever acting in concert with him or acting on his behalf regarding the above-described acts is reasonable under the circumstances. The Court finds the violation is itself a finding o f injury. IT IS FURTHER ORDERED that the Clerk o f the Court shall forthwith issue a writ of Temporary Injunction in conformity with the law and terms o f this Order. Plaintiff as a municipality is not required to give bond to secure a temporary injunction. Once effective, this Order shall remain in full force and effect until Defendant and his agents, servants, employees, representatives, and all persons or entities o f any type whatsoever acting in concert with him or ORDER GRANTING TEMPORARY INJUNCTION - PAGE 2 acting on his behalf fully comply with the above-described actions by allowing inspections by the Town o f Lakewood Village's Building Official or designee on the Property, and immediately ceasing and desisting any construction on the Property until such time as they have (1) applied for and obtained approval from the Town o f Lakewood Village o f necessary permits; (2) submitted engineering inspection certificates to the Town o f Lakewood Village; and (3) complied with the Town's Ordinances. IT IS FURTHER ORDERED that this Temporary Injunction shall remain in effect pending entry o f final judgment on the permanent injunction and final trial on the merits. It is therefore ordered that this case be set for trial on *5 ^ 2 0 1 ^ at - fr V a.m./psgr Rendered on April 16, 2014, at 5:00 p.m., and Signed on April 17, 2014, at 11:00 a.m. ORDER GRANTING TEMPORARY INJUNCTION - PAGE 3 LOCAL GOVERNMENT CODE CHAPTER 245. ISSUANCE OF LOCAL PERMITS Page 1 o f 7 LOCAL GOVERNMENT CODE TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES SUBTITLE C. REGULATORY AUTHORITY APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT CHAPTER 245. ISSUANCE OF LOCAL PERMITS Sec. 245.001. DEFINITIONS. In this chapter: (1) "Permit" means a license, certificate, approval, registration, consent, permit, contract or other agreement for construction related to, or provision of, service from a water or wastewater utility owned, operated, or controlled by a regulatory agency, or other form of authorization required by law, rule, regulation, order, or ordinance that a person must obtain to perform an action or initiate, continue, or complete a project for which the permit is sought. (2) "Political subdivision" means a political subdivision of the state, including a county, a school district, or a municipality. (3) "Project" means an endeavor over which a regulatory agency exerts its jurisdiction and for which one or more permits are required to initiate, continue, or complete the endeavor. (4) "Regulatory agency" means the governing body of, or a bureau, department, division, board, commission, or other agency of, a political subdivision acting in its capacity of processing, approving, or issuing a permit. Added by Acts 1999, 76th Leg., ch. 73, Sec. 2, eff. May 11, 1999. Amended by: Acts 2005, 79th Leg., Ch. 6 (S.B. 848), Sec. 1, eff. April 27, 2005. Sec. 245.002. UNIFORMITY OF REQUIREMENTS. (a) Each regulatory agency shall consider the approval, disapproval, or conditional approval of an application for a permit solelv on the basis of any http://www.statutes.legis.state.tx.us/Docs/LG/ht 6/25/2014 LOCAL GOVERNMENT CODE CHAPTER 245. ISSUANCE OF LOCAL PERMITS Page 2 of 7 orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect at the time: (1) the original application for the permit is filed for review for any purpose, including review for administrative completeness; or (2) a plan for development of real property or plat application is filed with a regulatory agency. (a-1) Rights to which a permit applicant is entitled under this chapter accrue on the filing of an original application or plan for development or plat application that gives the regulatory agency fair notice of the project and the nature of the permit sought. An application or plan is considered filed on the date the applicant delivers the application or plan to the regulatory agency or deposits the application or plan with the United States Postal Service by certified mail addressed to the regulatory agency. A certified mail receipt obtained by the applicant at the time of deposit is prima facie evidence of the date the application or plan was deposited with the United States Postal Service. (b) If a series of permits is required for a project, the orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect at the time the original application for the first permit in that series is filed shall be the sole basis for consideration of all subsequent permits required for the completion of the project. All permits required for the project are considered to be a single series of permits. Preliminary plans and related subdivision plats, site plans, and all other development permits for land covered by the preliminary plans or subdivision plats are considered collectively to be one series of permits for a proj ect. (c) After an application for a project is filed, a regulatory agency may not shorten the duration of any permit required for the proj ect. (d) Notwithstanding any provision of this chapter to the contrary, a permit holder may take advantage of recorded subdivision plat notes, recorded restrictive covenants required by a regulatory agency, or a change to the laws, rules, regulations, or ordinances of a regulatory agency that enhance or protect the project, including changes that lengthen the effective life of the permit after the date http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.245.htm 6/25/2014 LOCAL GOVERNMENT CODE CHAPTER 245. ISSUANCE OF LOCAL PERMITS Page 3 o f 7 the application for the permit was made, without forfeiting any rights under this chapter. (e) A regulatory agency may provide that a permit application expires on or after the 45th day after the date the application is filed if: (1) the applicant fails to provide documents or other information necessary to comply with the agency's technical requirements relating to the form and content of the permit application; (2) the agency provides to the applicant not later than the 10th business day after the date the application is filed written notice of the failure that specifies the necessary documents or other information and the date the application will expire if the documents or other information is not provided; and (3) the applicant fails to provide the specified documents or other information within the time provided in the notice. (f) This chapter does not prohibit a regulatory agency from requiring compliance with technical requirements delating to the form and content of an application in effect at the time the application was filed even though the application is filed after the date an applicant accrues rights under Subsection (a-1) . (g) Notwithstanding Section 245.003, the change in law made to Subsection (a) and the addition of Subsections (a-1), (e), and (f) by S.B. No. 848, Acts of the 79th Legislature, Regular Session, 2005, apply only to a project commenced on or after the effective date of that Act. Added by Acts 1999, 76th Leg., ch. 73, Sec. 2, eff. May 11, 1999. Amended by: Acts 2005, 79th Leg., Ch. 6 (S.B. 848), Sec. 2, eff. April 27, 2005. Sec. 245.003. APPLICABILITY OF CHAPTER. This chapter applies only to a project in progress on or commenced after September 1, 1997. For purposes of this chapter a project was in progress on September 1, 1997, if: (1) before September 1, 1997: http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.245.htm 6/25/2014 LOCAL GOVERNMENT CODE CHAPTER 245. ISSUANCE OF LOCAL PERMITS Page 4 of 7 (A) a regulatory agency approved or issued one or more permits for the project; or (B) an application for a permit for the project was filed with a regulatory agency; and (2) on or after September 1, 1997, a regulatory agency enacts, enforces, or otherwise imposes: (A) an order, regulation, ordinance, or rule that in effect retroactively changes the duration of a permit for the proj ect; (B) a deadline for obtaining a permit required to continue or complete the project that was not enforced or did not apply to the project before September 1, 1997; or (C) any requirement for the project that was not applicable to or enforced on the project before September 1, 1997. Added by Acts 1999, 76th Leg., ch. 73, Sec. 2, eff. May 11, 1999. Sec. 245.004. EXEMPTIONS. This chapter does not apply to: (1) a permit that is at least two years old, is issued for the construction of a building or structure intended for human occupancy or habitation, and is issued under laws, ordinances, procedures, rules, or regulations adopting only: (A) uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; (B) local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons; (2) municipal zoning regulations that do not affect landscaping or tree preservation, open space or park dedication, property classification, lot size, lot dimensions, lot coverage, or building size or that do not change development permitted by a restrictive covenant required by a municipality; (3) regulations that specifically control only the use of land in a municipality that does not have zoning and that do not affect landscaping or tree preservation, open space or park dedication, lot size, lot dimensions, lot coverage, or building size; (4) regulations for sexually oriented businesses; http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.245.htm 6/25/2014 LOCAL GOVERNMENT CODE CHAPTER 245. ISSUANCE OF LOCAL PERMITS Page 5 of 7 (5) municipal or county ordinances, rules, regulations, or other requirements affecting colonias; (6) fees imposed in conjunction with development permits; (7) regulations for annexation that do not affect landscaping or tree preservation or open space or park dedication; (8) regulations for utility connections; (9) regulations to prevent imminent destruction of property or injury to persons from flooding that are effective only within a flood plain established by a federal flood control program and enacted to prevent the flooding of buildings intended for public occupancy; (10) construction standards for public works located on public lands or easements; or (11) regulations to prevent the imminent destruction of property or injury to persons if the regulations do not: (A) affect landscaping or tree preservation, open space or park dedication, lot size, lot dimensions, lot coverage, building size, residential or commercial density, or the timing of a project; or (B) change development permitted by a restrictive covenant required by a municipality. Added by Acts 1999, 76th Leg., ch. 73, Sec. 2, eff. May 11, 1999. Amended by Acts 2003, 78th Leg., ch. 646, Sec. 1. Amended by: Acts 2005, 79th Leg., Ch. 31 (S.B. 574), Sec. 1, eff. September 1, 2005. Sec. 245.005. DORMANT PROJECTS. (a) After the first anniversary of the effective date of this chapter, a regulatory agency may enact an ordinance, rule, or regulation that places an expiration date on a permit if as of the first anniversary of the effective date of this chapter: (i) the permit does not have an expiration date; and (ii) no progress has been made towards completion of the project. Any ordinance, rule, or regulation enacted pursuant to this subsection shall place an expiration date of no earlier than the fifth anniversary of the effective date of this chapter. http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.245.htm 6/25/2014 LOCAL GOVERNMENT CODE CHAPTER 245. ISSUANCE OF LOCAL PERMITS Page 6 o f 7 (b) A regulatory agency may enact an ordinance, rule, or regulation that places an expiration date of not less than two years on an individual permit if no progress has been made towards completion of the project. Notwithstanding any other provision of this chapter, any ordinance, rule, or regulation enacted pursuant to this section shall place an expiration date on a project of no earlier than the fifth anniversary of the date the first permit application was filed for the project if no progress has been made towards completion of the project. Nothing in this subsection shall be deemed to affect the timing of a permit issued solely under the authority of Chapter 366, Health and Safety Code, by the Texas Commission on Environmental Quality or its authorized agent. (c) Progress towards completion of the project shall include any one of the following: (1) an application for a final plat or plan is submitted to a regulatory agency; (2) a good-faith attempt is made to file with a regulatory agency an application for a permit necessary to begin or continue towards completion of the project; (3) costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent of the most recent appraised market value of the real property on which the project is located; (4) fiscal security is posted with a regulatory agency to ensure performance of an obligation required by the regulatory agency; or (5) utility connection fees or impact fees for the project have been paid to a regulatory agency. Added by Acts 1999, 76th Leg., ch. 73, Sec. 2, eff. May 11, 1999. Amended by: Acts 2005, 79th Leg., Ch. 31 (S.B. 574), Sec. 1, eff. September 1, 2005. Sec. 245.006. ENFORCEMENT OF CHAPTER. (a) This chapter may be enforced only through mandamus or declaratory or injunctive relief. http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.245.htm 6/25/2014 LOCAL GOVERNMENT CODE CHAPTER 245. ISSUANCE OF LOCAL PERMITS Page 7 of 7 (b) A political subdivision's immunity from suit is waived in regard to an action under this chapter. Added by Acts 1999, 7 6th Leg., ch. 73, Sec. 2, eff. May 11, 1999. Amended by: Acts 2005, 79th Leg., Ch. 31 (S.B. 574), Sec. 1, eff. September 1, 2005. Sec. 245.007. CONSTRUCTION AND RENOVATION WORK ON COUNTY-OWNED BUILDINGS AND FACILITIES IN CERTAIN COUNTIES. (a) This section applies only to a building or facility that is owned by a county with a population of 3.3 million or more and is located within the boundaries of another political subdivision. (b) A political subdivision may not require a county to notify the political subdivision or obtain a building permit for any new construction or any renovation of a building or facility owned by the county if the construction or renovation work is supervised and inspected by an engineer or architect licensed in this state. (c) This section does not exempt a county from complying with the building standards of the political subdivision during the construction or renovation of the building or facility. Added by Acts 2005, 79th Leg., Ch. 532 (H.B. 960), Sec. 1, eff. June 17, 2005. http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.245.htm 6/25/2014 LOCAL GOVERNMENT CODE CHAPTER 214. MUNICIPAL REGULATION OF ... Page 37 of 49 (c) A municipality that adopts or proposes to adopt an ordinance under this section may notify permit holders that a permit holder may contract with a security services provider licensed by the Texas Private Security Board under Chapter 1702, Occupations Code, to respond to an alarm. The notice, if given, must include the board's telephone number and Internet website address. Added by Acts 2005, 79th Leg., Ch. 808 (S.B. 568), Sec. 6, eff. September 1, 2005. Amended by: Acts 2007, 80th Leg., R.S., Ch. 232 (H.B. 1784), Sec. 1, eff. September 1, 2007. Sec. 214.200. PRIORITY OR LEVEL OF RESPONSE NOT AFFECTED; LIABILITY OF MUNICIPALITY FOR NONRESPONSE. (a) Nothing in this subchapter: (1) affects the priority or level of response provided by a municipality to a permitted location; or (2) waives the governmental immunity provided by law for a municipality. (b) A municipality that does not respond to an alarm signal is not liable for damages that may occur relating to the cause of the alarm signal. Added by Acts 2005, 79th Leg., Ch. 808 (S.B. 568), Sec. 6, eff. September 1, 2005. SUBCHAPTER G. BUILDING AND REHABILITATION CODES Sec. 214.211. DEFINITIONS. In this subchapter: (1) "International Residential Code" means the International Residential Code for One- and Two-Family Dwellings promulgated by the International Code Council. (2) "National Electrical Code" means the electrical code published by the National Fire Protection Association. (3) "Residential" means having the character of a detached one-family or two-family dwelling or a multiple single-family dwelling that is not more than three stories high with separate means I of eqress, including the a c c e s s o r y ^ ^ r t ^ ^ ^ the dwelling, and EXHIBIT |a ~P) I 6/25/2014 LOCAL GOVERNMENT CODE CHAPTER 214. MUNICIPAL REGULATION OF ... Page 38 of 49 that does not have the character of a facility used for the accommodation of transient guests or a structure in which medical, rehabilitative, or assisted living services are provided in connection with the occupancy of the structure. (4) "International Building Code" means the International Building Code promulgated by the International Code Council. (5) "Commercial" means a building for the use or occupation of people for: (A) a public purpose or economic gain; or (B) a residence if the building is a multifamily residence that is not defined as residential by this section. Added by Acts 2001, 77th Leg., ch. 120, Sec. 1, eff. Jan. 1, 2002. Amended by: Acts 2005, 79th Leg., Ch. 389 (S.B. 1458), Sec. 1, eff. January 1, 2006. Sec. 214.212. INTERNATIONAL RESIDENTIAL CODE. (a) To protect the public health, safety, and welfare, the International Residential Code, as it existed on May 1, 2001, is adopted as a municipal residential building code in this state. (b) The International Residential Code applies to all construction, alteration, remodeling, enlargement, and repair of residential structures in a municipality. (c) A municipality may establish procedures: (1) to adopt local amendments to the International Residential Code; and (2) for the administration and enforcement of the International Residential Code. (d) A municipality may review and consider amendments made by the International Code Council to the International Residential Code after May 1, 2001. Added by Acts 2001, 77th Leg., ch. 120, Sec. 1, eff. Jan. 1, 2002. Sec. 214.213. EXCEPTIONS. (a) The International Residential Code and the International Building Code do not apply to the http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.214.htm 6/25/2014 LOCAL GOVERNMENT CODE CHAPTER 214. MUNICIPAL REGULATION OF ... Page 39 o f 49 installation and maintenance of electrical wiring and related components. (b) A municipality is not required to review and consider adoption of amendments to the International Residential Code or the International Building Code regarding electrical provisions. Added by Acts 2001, 77th Leg., ch. 120, Sec. 1, eff. Jan. 1, 2002. Amended by: Acts 2005, 79th Leg., Ch. 389 (S.B. 1458), Sec. 2, eff. January 1, 2006. Sec. 214.214. NATIONAL ELECTRICAL CODE. (a) Except as provided by Subsection (c), the National Electrical Code, as it existed on May 1, 2001, is adopted as the municipal electrical construction code in this state and applies to all residential and commercial electrical construction applications. (b) A municipality may establish procedures: (1) to adopt local amendments to the National Electrical Code; and (2) for the administration and enforcement of the National Electrical Code. (c) The National Electrical Code applies to all commercial buildings in a municipality for which construction begins on or after January 1, 2006, and to any alteration, remodeling, enlargement, or repair of those commercial buildings. Added by Acts 2001, 77th Leg., ch. 120, Sec. 1, eff. Jan. 1, 2002. Amended by: Acts 2005, 79th Leg., Ch. 389 (S.B. 1458), Sec. 3, eff. January 1, 2006. Sec. 214.215. ADOPTION OF REHABILITATION CODES OR PROVISIONS, (a) In this section, "rehabilitation" means the alteration, remodeling, enlargement, or repair of an existing structure. (b) A municipality that adopts a building code, other than the International Residential Code adopted under Section 214.212, shall adopt one of the following: http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.214.htm 6/25/2014 LOCAL GOVERNMENT CODE CHAPTER 214. MUNICIPAL REGULATION OF ... Page 40 of 49 (1) prescriptive provisions for rehabilitation as part of the municipality's building code; or (2) the rehabilitation code that accompanies the building code adopted by the municipality. (c) The rehabilitation code or prescriptive provisions do not apply to the rehabilitation of a structure to which the International Residential Code applies or to the construction of a new structure. (d) A municipality may: (1) adopt the rehabilitation code or prescriptive provisions for rehabilitation recommended by the Texas Board of Architectural Examiners; or (2) amend its rehabilitation code or prescriptive provisions for rehabilitation. (e) A municipality shall enforce the prescriptive provisions for rehabilitation or the rehabilitation code in a manner consistent with the enforcement of the municipality's building code. Added by Acts 2003, 78th Leg., ch. 331, Sec. 6.02, eff. Sept. 1, 2003 . Sec. 214.216. INTERNATIONAL BUILDING CODE. (a) To protect the public health, safety, and welfare, the International Building Code, as it existed on May 1, 2003, is adopted as a municipal commercial building code in this state. (b) The International Building Code applies to all commercial buildings in a municipality for which construction begins on or after January 1, 2006, and to any alteration, remodeling, enlargement, or repair of those commercial buildings. (c) A municipality may establish procedures: (1) to adopt local amendments to the International Building Code; and (2) for the administration and enforcement of the International Building Code. (d) A municipality may review and consider amendments made by the International Code Council to the International Building Code after May 1, 2003. http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.214.htm 6/25/2014 LOCAL GOVERNMENT CODE CHAPTER 212. MUNICIPAL REGULATION OF SU... Page 1 of 56 LOCAL GOVERNMENT CODE TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY CHAPTER 212. MUNICIPAL REGULATION OF SUBDIVISIONS AND PROPERTY DEVELOPMENT SUBCHAPTER A. REGULATION OF SUBDIVISIONS Sec. 212.001. DEFINITIONS. In this subchapter: (1) "Extraterritorial jurisdiction" means a municipality's extraterritorial jurisdiction as determined under Chapter 42, except that for a municipality that has a population of 5,000 or more and is located in a county bordering the Rio Grande River, "extraterritorial jurisdiction" means the area outside the municipal limits but within five miles of those limits. (2) "Plat" includes a replat. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 46(b), eff. Aug. 28, 1989. Sec. 212.002. RULES. After a public hearing on the matter, the governing body of a municipality may adopt rules governing plats and subdivisions of land within the municipality's jurisdiction to promote the health, safety, morals, or general welfare of the municipality and the safe, orderly, and healthful development of the municipality. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec. 212.0025. CHAPTER-WIDE PROVISION RELATING TO REGULATION OF PLATS AND SUBDIVISIONS IN EXTRATERRITORIAL JURISDICTION. The authority of a municipality under this chapter relating to the regulation of plats or subdivisions in the municipality's extraterritorial jurisdiction is subject to any applicable limitation prescribed by an agreement under Section 242.001. http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.212.htm LOCAL GOVERNMENT CODE CHAPTER 212. MUNICIPAL REGULATION OF SU... Page 2 of 56 Added by Acts 2003, 78th Leg., ch. 523, Sec. 6, eff. June 20, 2003. Sec. 212.003. EXTENSION OF RULES TO EXTRATERRITORIAL JURISDICTION. (a) The governing body of a municipality by ordinance may extend to the extraterritorial jurisdiction of the municipality the application of municipal ordinances adopted under Section 212.002 and other municipal ordinances relating to access to public roads or the pumping, extraction, and use of groundwater by persons other than retail public utilities, as defined by Section 13.002, Water Code, for the purpose of preventing the use or contact with groundwater that presents an actual or potential threat to human health. However, unless otherwise authorized by state law, in its extraterritorial jurisdiction a municipality shall not regulate: (1) the use of any building or property for business, industrial, residential, or other purposes; (2) the bulk, height, or number of buildings constructed on a particular tract of land; (3) the size of a building that can be constructed on a particular tract of land, including without limitation any restriction on the ratio of building floor space to the land square footage; (4) the number of residential units that can be built per acre of land; or (5) the size, type, or method of construction of a water or wastewater facility that can be constructed to serve a developed tract of land if: (A) the facility meets the minimum standards established for water or wastewater facilities by state and federal regulatory entities; and (B) the developed tract of land is: (i) located in a county with a population of 2.8 million or more; and (ii) served by: (a) on-site septic systems constructed before September 1, 2001, that fail to provide adequate services; or http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.212.htm 6/25/2014 LOCAL GOVERNMENT CODE CHAPTER 212. MUNICIPAL REGULATION OF SU... Page 3 of 56 (b) on-site water wells constructed before September 1, 2001, that fail to provide an adequate supply of safe drinking water. (b) A fine or criminal penalty prescribed by the ordinance does not apply to a violation in the extraterritorial jurisdiction. (c) The municipality is entitled to appropriate injunctive relief in district court to enjoin a violation of municipal ordinances or codes applicable in the extraterritorial jurisdiction. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 46(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 822, Sec. 6, eff. Sept. 1, 1989; Acts 2001, 77th Leg., ch. 68, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 731, Sec. 3, eff. Sept. 1, 2003. Sec. 212.004. PLAT REQUIRED. (a) The owner of a tract of land located within the limits or in the extraterritorial jurisdiction of a municipality who divides the tract in two 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. A division of a tract under this subsection includes a 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. A division of land under this subsection does not include a division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated. (b) To be recorded, the plat must: (1) describe the subdivision by metes and bounds; (2) locate the subdivision with respect to a corner of the survey or tract or an original corner of the original survey of which it is a part; and http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.212.htm 6/25/2014 LOCAL GOVERNMENT CODE CHAPTER 212. MUNICIPAL REGULATION OF SU... Page 4 o f 56 (3) state the dimensions of the subdivision and of each street, alley, square, park, or other part 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 street, alley, square, park, or other part. (c) The owner or proprietor of the tract or the owner's or proprietor's agent must acknowledge the plat in the manner required for the acknowledgment of deeds. (d) The plat must be filed and recorded with the county clerk of the county in which the tract is located. (e) The plat is subject to the filing and recording provisions of Section 12.002, Property Code. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 46(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 624, Sec. 3.02, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 1046, Sec. 1, eff. Aug. 30, 1993. Sec. 212.0045. EXCEPTION TO PLAT REQUIREMENT: MUNICIPAL DETERMINATION. (a) To determine whether specific divisions of land are required to be platted, a municipality may define and classify the divisions. A municipality need not require platting for every division of land otherwise within the scope of this subchapter. (b) In lieu of a plat contemplated by this subchapter, a municipality may require the filing of a development plat under Subchapter B if that subchapter applies to the municipality. Added by Acts 1989, 71st Leg., ch. 1, Sec. 46(b), eff. Aug. 28, 1989. Sec. 212.004 6. EXCEPTION TO PLAT REQUIREMENT: CERTAIN PROPERTY ABUTTING AIRCRAFT RUNWAY. An owner of a tract of land is not required to prepare a plat if the land: (1) is located wholly within a municipality with a population of 5,000 or less; (2) is divided into parts larger than 2-1/2 acres; and (3) abuts any part of an aircraft runway. Added by Acts 1989, 71st Leg., ch. 1, Sec. 46(b), eff. Aug. 28, 1989. http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.212.htm 6/25/2014 LOCAL GOVERNMENT CODE CHAPTER 212. MUNICIPAL REGULATION OF SU... Page 5 of 56 Sec. 212.005. APPROVAL BY MUNICIPALITY REQUIRED. The municipal authority responsible for approving plats must approve a plat or replat that is required to be prepared under this subchapter and that satisfies all applicable regulations. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 46(b), eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 1046, Sec. 2, eff. Aug. 30, 1993. Sec. 212.006. AUTHORITY RESPONSIBLE FOR APPROVAL GENERALLY, (a) The municipal authority responsible for approving plats under this subchapter is the municipal planning commission or, if the municipality has no planning commission, the governing body of the municipality. The governing body by ordinance may require the approval of the governing body in addition to that of the municipal planning commission. (b) In a municipality with a population of more than 1.5 million, at least two members of the municipal planning commission, but not more than 25 percent of the membership of the commission, must be residents of the area outside the limits of the municipality and in which the municipality exercises its authority to approve subdivision plats. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 46(b), eff. Aug. 28, 1989. Sec. 212.0065. DELEGATION OF APPROVAL RESPONSIBILITY. (a) The governing body of a municipality may delegate to one or more officers or employees of the municipality or of a utility owned or operated by the municipality the ability to approve: (1) amending plats described by Section 212.016; (2) minor plats or replats involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities; or (3) a replat under Section 212.0145 that does not require the creation of any new street or the extension of municipal facilities. http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.212.htm 6/25/2014 LOCAL GOVERNMENT CODE CHAPTER 212. MUNICIPAL REGULATION OF SU... Page 6 of 56 (b) The designated person or persons may, for any reason, elect to present the plat for approval to the municipal authority responsible for approving plats. (c) The person or persons shall not disapprove the plat and shall be required to refer any plat which the person or persons refuse to approve to the municipal authority responsible for approving plats within the time period specified in Section 212.009. Added by Acts 1989, 71st Leg., ch. 345, Sec. 1, eff. Aug. 28, 1989. Amended by Acts 1995, 74th Leg., ch. 92, Sec. 1, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 566, Sec. 1, eff. June 2, 1997; Acts 1999, 76th Leg., ch. 1130, Sec. 2, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 402, Sec. 13, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 316 (H.B. 2281), Sec. 1, eff. June 15, 2007. Sec. 212.007. AUTHORITY RESPONSIBLE FOR APPROVAL: TRACT IN EXTRATERRITORIAL JURISDICTION OF MORE THAN ONE MUNICIPALITY. (a) For a tract located in the extraterritorial jurisdiction of more than one municipality, the authority responsible for approving a plat under this subchapter is the authority in the municipality with the largest population that under Section 212.006 has approval responsibility. The governing body of that municipality may enter into an agreement with any other affected municipality or with any other municipality having area that, if unincorporated, would be in the extraterritorial jurisdiction of the governing body's municipality delegating to the other municipality the responsibility for plat approval within specified parts of the affected area. (b) Either party to an agreement under Subsection (a) may revoke the agreement after 20 years have elapsed after the date of the agreement unless the parties agree to a shorter period. (c) A copy of the agreement shall be filed with the county clerk. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.212.htm 6/25/2014 LOCAL GOVERNMENT CODE CHAPTER 212. MUNICIPAL REGULATION OF . Page 31 of 56 (2) recover damages from the owner of a tract of land in an amount adequate for the municipality to undertake any construction or other activity necessary to bring about compliance with a requirement regarding the tract and established by, or adopted by the governing body under, this subchapter. (b) A reference in this section to an "owner of a tract of land" does not include the owner of an individual lot in a subdivided tract of land. Added by Acts 1989, 71st Leg., ch. 1, Sec. 46(b), eff. Aug. 28, 1989. Amended by Acts 1989, 71st Leg., ch. 624, Sec. 3.01, eff. Sept. 1, 1989. SUBCHAPTER B. REGULATION OF PROPERTY DEVELOPMENT Sec. 212.041. MUNICIPALITY COVERED BY SUBCHAPTER. This subchapter applies only to a municipality whose governing body chooses by ordinance to be covered by this subchapter or chose by ordinance to be covered by the law codified by this subchapter. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 125, Sec. 1, eff. May 11, 1993; Acts 1993, 73rd Leg., ch. 1046, Sec. 4, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 10.04, eff. Sept. 1, 1995. Sec. 212.042. APPLICATION OF SUBCHAPTER A. The provisions of Subchapter A that do not conflict with this subchapter apply to development plats. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec. 212.043. DEFINITIONS. In this subchapter: (1) "Development" means the new construction or the enlargement of any exterior dimension of any building, structure, or improvement. (2) "Extraterritorial jurisdiction" means a muni cipality's extraterritorial jurisdiction as determined under Chapter 42 . Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.212.htm LOCAL GOVERNMENT CODE CHAPTER 212. MUNICIPAL REGULATION OF ... Page 32 o f 56 Sec. 212.044. PLANS, RULES, AND ORDINANCES. After a public hearing on the matter, the municipality may adopt general plans, rules, or ordinances governing development plats of land within the limits and in the extraterritorial jurisdiction of the municipality to promote the health, safety, morals, or general welfare of the municipality and the safe, orderly, and healthful development of the municipality. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec. 212.045. DEVELOPMENT PLAT REQUIRED. (a) Any person who proposes the development of a tract of land located within the limits or in the extraterritorial jurisdiction of the municipality must have a development plat of the tract prepared in accordance with this subchapter and the applicable plans, rules, or ordinances of the municipality. (b) A development plat must be prepared by a registered professional land surveyor as a boundary survey showing: (1) each existing or proposed building, structure, or improvement or proposed modification of the external configuration of the building, structure, or improvement involving a change of the building, structure, or improvement; (2) each easement and right-of-way within or abutting the boundary of the surveyed property; and (3) the dimensions of each street, sidewalk, alley, square, park, or other part of the property intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the street, sidewalk, alley, square, park, or other part. (c) New development may not begin on the property until the development plat is filed with and approved by the municipality in accordance with Section 212.047. (d) If a person is required under Subchapter A or an ordinance of the municipality to file a subdivision plat, a development plat is not required in addition to the subdivision plat. http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.212.htm 6/25/2014 LOCAL GOVERNMENT CODE CHAPTER 212. MUNICIPAL REGULATION OF Page 33 o f 56 Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1091, Sec. 28, eff. Sept. 1, 1989. Sec. 212.046. RESTRICTION ON ISSUANCE OF BUILDING AND OTHER PERMITS BY MUNICIPALITY, COUNTY, OR OFFICIAL OF OTHER GOVERNMENTAL ENTITY. The municipality, a county, or an official of another governmental entity may not issue a building permit or any other type of permit for development on lots or tracts subject to this subchapter until a development plat is filed with and approved by the municipality in accordance with Section 212.047. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec. 212.047. APPROVAL OF DEVELOPMENT PLAT. The municipality shall endorse approval on a development plat filed with it if the plat conforms to: (1) the general plans, rules, and ordinances of the municipality concerning its current and future streets, sidewalks, alleys, parks, playgrounds, and public utility facilities; (2) the general plans, rules, and ordinances for the extension of the municipality or the extension, improvement, or widening of its roads, streets, and public highways within the municipality and in its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities; and (3) any general plans, rules, or ordinances adopted under Section 212.044. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec. 212.048. EFFECT OF APPROVAL ON DEDICATION. The approval of a development plat is not considered an acceptance of any proposed dedication for public use or use by persons other than the owner of the property covered by the plat and does not impose on the municipality any duty regarding the maintenance or improvement of any purportedly dedicated parts until the municipality's governing body makes an actual appropriation of the dedicated parts by formal acceptance, entry, use, or improvement. http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.212.htm 6/25/2014 LOCAL GOVERNMENT CODE CHAPTER 212. MUNICIPAL REGULATION OF ... Page 34 of 56 Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec. 212.049. BUILDING PERMITS IN EXTRATERRITORIAL JURISDICTION. This subchapter does not authorize the municipality to require municipal building permits or otherwise enforce the municipality's building code in its extraterritorial jurisdiction. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec. 212.050. ENFORCEMENT; PENALTY. (a) If it appears that a violation or threat of a violation of this subchapter or a plan, rule, or ordinance adopted under this subchapter or consistent with this subchapter exists, the municipality is entitled to appropriate injunctive relief against the person who committed, is committing, or is threatening to commit the violation. (b) A suit for injunctive relief may be brought in the county in which the defendant resides, the county in which the violation or threat of violation occurs, or any county in which the municipality is wholly or partly located. (c) In a suit to enjoin a violation or threat of a violation of this subchapter or a plan, rule, ordinance, or other order adopted under this subchapter, the court may grant the municipality any prohibitory or mandatory injunction warranted by the facts including a temporary restraining order, temporary injunction, or permanent inj unction. (d) A person commits an offense if the person violates this subchapter or a plan, rule, or ordinance adopted under this subchapter or consistent with this subchapter within the limits of the municipality. An offense under this subsection is a Class C misdemeanor. Each day the violation continues constitutes a separate offense. (e) A suit under this section shall be given precedence over all other cases of a different nature on the docket of the trial or appellate court. (f) It is no defense to a criminal or civil suit under this section that an agency of government other than the municipality issued a license or permit authorizing the construction, repair, or alteration of any building, structure, or improvement. It also is no http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.212.htm 6/25/2014  By: Smith of Tarrant H.B. No. 609 A BILL TO BE ENTITLED 1 AN ACT 2 relating to the application and enforcement of municipal 3 construction codes. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 5 SECTION 1. Section 214.212(b), Local Government Code, is 6 amended to read as follows: 7 (b) The International Residential Code applies to all 8 construction, alteration, remodeling, enlargement, and repair of 9 residential structures in a municipality. Notwithstanding Section 10 242.001, the governing body of a municipality by ordinance may 11 extend to the extraterritorial jurisdiction of the municipality the 12 application of the International Residential Code and any 13 amendments adopted as provided by this section. 14 SECTION 2. Section 212.049, Local Government Code, is 15 repealed. 16 SECTION 3. This Act takes effect immediately if it receives 17 a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007. 80R942 PAM-F 1 RESEARCH HB 265 ORGANIZATION bill analysis 3/22/2005 W. Smith SUBJECT: Deadlines for cities to act on permit applications COMMITTEE: Land and Resource Management — favorable, without amendment VOTE: 6 ayes — Mowery, Blake, R. Cook, Leibowitz, Miller, Orr 0 nays 3 absent — Harper-Brown, Escobar, Pickett WITNESSES: For — David Mintz, Texas Apartment Association; Scott Norman, Texas Association o f Builders; (Registered but did not testify: Daniel Gonzalez, Texas Association o f Realtors) Against — None BACKGROUND: Among other provisions, Local Government Code, Title 7, authorizes local government entities to issue building permits. Permit applications and review processes vary among cities to ensure that construction and improvement plans comply with local policies and standards. DIGEST: HB 265 would set deadlines for municipalities to act on permits for constructing or improving buildings or other structures within their jurisdictions. Upon receipt o f a building permit application, a municipality would have to: • grant or deny the permit to the applicant within 45 days; • provide written notice to the applicant explaining why the municipality had not acted on the application, which would add 30 days from the date notice was received to the municipality's deadline for reaching a decision; or • reach a written agreement with the applicant establishing a deadline for reaching a decision. I f the municipality failed to act within these deadlines and/or agreements, the municipality could not collect any application fees and would have to refund to the applicant any fees collected. ( EXHIBIT  HB 265 House Research Organization page 2 The bill would take effect September 1, 2005, and would apply only to permit applications submitted after that date. SUPPORTERS HB 265 would assist developers in efficiently managing their projects by SAY: establishing clear uniform deadlines for granting or denying permit applications. It would develop notification standards that are responsive and predictable and create a clear and transparent permit process through which a municipality and a project manager could communicate effectively. The permit procedure set forth in HB 265 would allow for the timely identification and rectification o f application errors. Rather than letting projects stall over incoherent deadlines or flaws detected late in the permit process, as under the current system, the bill would help municipalities quickly identify a sound project and resolve application flaws to speed the commencement o f construction or improvements. By allowing for a more timely project initiation date, HB 265 also would assist a municipality in incorporating new property value into its tax roll. Variation among municipalities' particular permit requirements would not be affected by the bill. Written agreements between a municipality and a developer could cover any steps required to obtain a permit while clearly delineating the responsibilities o f both parties. OPPONENTS HB 265 would take away local control from regulatory permit processes. SAY: Municipalities, large and small, can better determine application deadlines than the state. By requiring written agreements between municipalities and building permit applicants in order to avoid inflexible processing deadlines and resolve application flaws, this bill would slow the permit process, not expedite it. Municipalities today manage to ensure efficient regulatory processes by communicating verbally with applicants, and additional paperwork requirements would do nothing to improve this system. By mandating additional administrative duties, the bill could require some municipalities to increase permit fees to cover the increased processing costs o f written agreements, including the possible need for additional personnel. HB 265 would create unrealistic deadlines for the processing of applications. All applications are reviewed for technical revisions including engineering, building code, and public safety compliance.  HB 265 House Research Organization page 3 Rushing the review process to meet a state-specified deadline could jeopardize technical accuracy. The bill would not place any requirements on applicants. Applicants who submitted incomplete applications or did not respond to requests from the municipality would not be held accountable for slowing the application process. Municipalities should not have to adhere to application process deadlines if applicants are not responsive. NOTES: On February 28, the House passed a related bill, HB 266 by W. Smith, which would set deadlines for counties to respond to permit applications. The Senate has not yet referred this bill to committee.  ACCEPTED 02-14-00143-CV SECOND COURT OF APPEALS FORT WORTH, TEXAS 8/8/2014 8:56:42 PM DEBRA SPISAK CLERK IN THE COURT OF APPEALS FOR THE SECOND DISTRICT OF TEXAS AT FORT WFILED ORTH IN ____________________________________________________________ 2nd COURT OF APPEALS FORT WORTH, TEXAS NO. 02-14-00143-CV 8/8/2014 8:56:42 PM ____________________________________________________________ DEBRA SPISAK Clerk HARRY BIZIOS, Appellant, vs. TOWN OF LAKEWOOD VILLAGE, TEXAS, Appellee. Appealed from the 431ST Judicial District Court Denton County, Texas ____________________________________________________________ APPELLEE’S BRIEF ____________________________________________________________ WM. ANDREW MESSER State Bar No. 13472230 andy@txmunicipallaw.com JENNIFER W. DECURTIS State Bar No. 24045767 BRENDA N. MCDONALD State Bar No. 14993300 MESSER, ROCKEFELLER & FORT, PLLC 6351 Preston Rd., Suite 350 Frisco, Texas 75034 972.668.6400 - Telephone 972.668.6414 - Telecopier COUNSEL FOR APPELLEE Oral Argument Requested  IDENTITY OF PARTIES & COUNSEL Appellee-Plaintiff Wm. Andrew Messer Town of Lakewood Village: State Bar No. 13472230 andy@txmunicipallaw.com Jennifer W. DeCurtis State Bar No. 24045767 jennifer@txmunicipallaw.com Brenda N. McDonald State Bar No. 14993300 brenda@txmunicipallaw.com Messer, Rockefeller & Fort, PLLC 6351 Preston Road, Suite 350 Frisco, Texas 75034 Telephone (972) 668-6400 Facsimile (972) 668-6414 Appellant-Defendant Harry Bizios: Arthur J. Anderson Winstead PC 500 Winstead Building 2728 N. Harwood Street Dallas, Texas 75201 214-745-5400 aanderson@winstead.com David F. Johnson Winstead PC 777 Main Street Suite 1100 Fort Worth, Texas 76102 817-420-8200 dfjohnson@winstead.com ii  TABLE OF CONTENTS IDENTITY OF PARTIES & COUNSEL .................................................................. ii INDEX OF AUTHORITIES......................................................................................v STATEMENT ON ORAL ARGUMENT .............................................................. xii ISSUES PRESENTED...............................................................................................2 STATEMENT OF FACTS ........................................................................................2 SUMMARY OF THE ARGUMENT ......................................................................11 STANDARD OF REVIEW .....................................................................................14 ARGUMENT & AUTHORITIES ...........................................................................15 I. The Town has a probable right to relief and the injunction should be affirmed .......................................................................................................15 II. The Town, and all Texas municipalities, have the statutory authority to extend their subdivision rules for development to the ETJ ....................18 A. The Statutes ....................................................................................19 B. The Legislative Intent .....................................................................22 C. Local Government Code § 212.049 does not apply to the Town...............................................................................................26 D. Local Government Code § 212.007 does not apply to the Town...............................................................................................27 E. The International Residential Code does not limit the Town's authority in the ETJ ........................................................................28 F. The Cases: City of Boerne does not apply; City of Lucas and City of Weslaco are instructive .........................30 iii  G. Regulation of subdivision rules for development in the ETJ is a valid exercise of police power .................................................36 III. Appellant has no vested rights in a 1995 plat..............................................38 A. The Town's subdivision rules are exempt from the vested rights statute ........................................................................38 B. The Town considers an application for a permit based on regulations in effect on that date ....................................................42 C. The Town had no fair notice of the plat filing ...............................44 D. The Appellant cannot assert vested rights .....................................45 CONCLUSION & PRAYER ...................................................................................45 CERTIFICATE OF SERVICE ................................................................................47 APPENDIX Maps.........................................................................................................Tab A Stop Work Orders posted at the work site ............................................... Tab B Pictures of Stop Work Orders posted at the work site ............................ Tab C Pictures of Stoop Work Order Posted with Appellant and his contractor .................................................................................................Tab D Lakewood Village subdivision ................................................................ Tab E Tex. Loc. Gov't Code § 212.002, .003(a) ................................................ Tab F Tex. Loc. Gov't Code § 42.001................................................................Tab G Tex. Loc. Gov't Code § 214.904(a) .........................................................Tab H Tex. Loc. Gov't Code § 233.153(c) .......................................................... Tab I Tex. Loc. Gov't Code § 245.002(a), (a-1), .004(1), (6), (11), .006 .......... Tab J iv  INDEX OF AUTHORITIES Cases 2218 Bryan St., Ltd. v. City of Dallas, 175 S.W.3d 58 (Tex. App.—Dallas, pet denied) ...................................................43 Acker v. Tex. Water Comm'n, 790 S.W.2d 299 (Tex.1990)...................................................................................29 Andrus v. Allard, 444 U.S. 51 (1979) .................................................................................................36 Burlington Northern R.R. Co. v. Oklahoma Tax Comm., 481 U.S. 454 (1987) ...............................................................................................24 Butnaru v. Ford Motor Co., 84 S.W. 3d 198 (Tex. 2002)............................................................................ 14, 15 Chevron Corp. v. Redmon, 745 S.W.2d 314 (Tex.1987)...................................................................................29 Caso-Bercht vs. Striker Industries, 147 S.W. 3d 460 (Tex. App.- Corpus Christi 2004, no pet) ....................................3 City of Austin v. Quick, 930 S.W.2d 678 (Tex. App. – Austin 1996) ..........................................................35 City of Brookside Village v. Comeau, 633 S.W.2d 790 (Tex. 1982)..................................................................................37 City of College Station v. Turtle Rock Corp., 680 S.W.2d 802 (Tex.1984)............................................................................ 36, 37 City of Fort Worth vs. Johnson, 388 S.W.2d 400 (Tex. 1964)........................................................................... 11, 17 City of LaPorte v. Barfield, 898 S.W.2d 288 (Tex.1995)...................................................................................29 v City of Lucas v. North Texas Municipal Water Dist., 724 S.W.2d 811, 823 (Tex. App.—Dallas 1986, writ ref’d n.r.e.) ................ passim City of Round Rock v. Smith, 687 S.W.2d 300 (Tex. 1985)........................................................................... 23, 32 City of San Antonio v. City of Boerne, 111 S.W.3d 22 (Tex. 2003)............................................................................. 30, 31 City of Weslaco v. Carpenter, 644 S.W.2d 601 (Tex. App.—Corpus Christi 1985, writ ref’d n.r.e.)........... passim Corpus Christi v. Unitarian Church, 436 S.W.2d 923 (Tex. Civ. App. – Corpus Christi 1968, writ ref’d n.r.e.) ...........35 Davis vs. Huey, 571 S.W.2d at 859 (Tex. 1978) ..............................................................................15 Entergy Gulf States, Inc. vs. Summers, 282 S.W.3d 433 (Tex. 2009)........................................................................... 25, 26 Ex parte Woodall, 154 S.W.3d 698 (Tex.App.-El Paso 2004, pet. ref'd) ..................................... 37, 38 Fitgerald v. Advanced Spine Fixation Systems, 996 S.W.2d 864 (Tex. 1999).................................................................................23 FM Properties Operating Co. v. City of Austin, 93 F.3d 167 (5th Cir. 1996).............................................................................. 35, 39 Hartsell v. Town of Talty, 130 S.W.3d 325, 328 (Tex. App. – Dallas 2004, pet. denied) ....................... passim Hollingsworth vs. City of Dallas, 931 S.W.2d 699 (Tex. App. Dallas 1996, writ denied) .........................................17 Houston Compressed Steel Corp. v. State, 456 S.W.2d 768 (Tex. Civ. App.—Houston [1st Dist.] 1970, no writ)..................14 Hunter v. Fort Worth Cap. Corp., 620 S.W.2d 547 (Tex.1981)............................................................................ 25, 29 vi In re Newton, 146 S.W. 3d 648 (Tex. 2004).................................................................................14 Ireland v. Franklin, 950 S.W.2d 155 (Tex. App.—San Antonio 1997, no writ) ...................................15 Levy v. City of Plano, 2001 WL 1382520 (Tex. App. – Dallas 2001, no pet.) .................................. 18, 36 Long v. City of Fort Worth, 333 S.W.2d 644 (Tex. Civ. App. - Fort Worth 1960, no writ) ..............................17 Loye v. Travelhost, Inc., 156 S.W.3d 615 (Tex. App.—Dallas 2004, no pet.) ...................................... 14, 15 Maloy v. City of Lewisville, 848 S.W.2d 380 (Tex. App. - Fort Worth 1993, no writ) ......................................17 Milestone Potranco Dev. Ltd. v. City of San Antonio, 298 S.W.3d 242 (Tex. App.—San Antonio 2009, pet. denied) ................ 31, 32, 36 Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922) ...............................................................................................36 Quick v. City of Austin, 7 S.W.3d 109 (Tex. 1998)......................................................................................35 Rhino Real Estate Investments, Inc. v. City of Runaway Bay, No. 02-08-00340-CV, 2009 WL 219613 (Tex. App.—Fort Worth July 23, 2009, no pet.)......................................................................................................................31 Save Our Springs Alliance v. City of Austin, 149 S.W.3d 674 (Tex. App.—Austin 2004, no pet.) .............................................39 Shumaker Enterprises, Inc. v. City of Austin, 325 S.W.3d 812 (Tex. App.—Austin 2010, no pet.) .......................... 13, 42, 43, 44 Swinney v. City of San Antonio, 483 S.W.2d 556 (Tex. App. - San Antonio 1972, no writ)............................. 11, 17 vii Walker v. Packer, 827 S.W.2d 833 (Tex. 1992)..................................................................................15 Walling v. Metcalfe, 863 S.W.2d 56, 58 (Tex. 1993)..............................................................................15 Woodson Lumber Co. v. City of College Station, 752 S.W.2d 744 (Tex.App.—Houston [1st Dist.] 1988, no writ) .........................36 Statutes TEX. GOV’T CODE § 311.021....................................................................................30 TEX. GOV’T CODE § 43.033............................................................................... 10, 11 TEX. LOC. GOV’T CODE § 1.005 ...............................................................................22 TEX. LOC. GOV’T CODE § 212.002 ................................................................... passim TEX. LOC. GOV’T CODE § 212.003 ................................................................... passim TEX. LOC. GOV’T CODE § 212.007 ...........................................................................28 TEX. LOC. GOV’T CODE § 212.041 ...........................................................................26 TEX. LOC. GOV’T CODE § 212.042 ...........................................................................26 TEX. LOC. GOV’T CODE § 212.045 .................................................................... 26, 27 TEX. LOC. GOV’T CODE § 212.049 .................................................................... 26, 27 TEX. LOC. GOV’T CODE § 212.212 .................................................................... 21, 28 TEX. LOC. GOV’T CODE § 212.214 ...........................................................................26 TEX. LOC. GOV’T CODE § 212.904 .................................................................... 20, 22 TEX. LOC. GOV’T CODE § 214.212 ........................................................ 19, 20, 28, 29 TEX. LOC. GOV’T CODE § 214.221 ...........................................................................20 viii TEX. LOC. GOV’T CODE § 214.904 ................................................................... passim TEX. LOC. GOV’T CODE § 233.153 ................................................................... passim TEX. LOC. GOV’T CODE § 245.001 ...........................................................................39 TEX. LOC. GOV’T CODE § 245.002 ................................................................... passim TEX. LOC. GOV’T CODE § 245.004 ................................................................... passim TEX. LOC. GOV’T CODE § 245.006 .................................................................... 13, 45 TEX. LOC. GOV’T CODE § 253.153 ...........................................................................29 TEX. LOC. GOV’T CODE § 42.001 ..................................................................... passim TEX. LOC. GOV’T CODE § 42.021 .............................................................................12 TEX. LOC. GOV’T CODE § 43.028 .............................................................................10 TEX. LOC. GOV’T CODE § 43.051 ...................................................................... 10, 19 TEX. LOC. GOV’T CODE § 54.016 ...................................................................... 11, 25 TEX. LOC. GOV’T CODE §§ 233.153 ...................................................... 12, 18, 20, 21 TEX. LOC. GOV’T CODE Ch. 245 ................................................................................3 TEX. LOC. GOV'T CODE § 43.024..............................................................................10 TEX. LOC. GOV'T CODE § 43.033....................................................................... 10, 11 TEX. LOCAL GOV’T CODE ANN. § 245.004-245.005(Vernon Supp.2004) ...............44 TEX. REV. CIV. STAT. ANN. art. 970a § 4 .................................................................33 Texas Local Government Code § 233.153 ...................................................... passim Texas Local Government Code § 42.021 ..................................................................2 Ordinances ix City of Copper Canyon, Copper Canyon Subdivision Ordinance § 1.1 ..................37 CITY OF DENTON, DEVELOPMENT ORDINANCE 35.16.3.............................................36 City of Double Oak, Code of Ordinances § 10.101 .................................................37 City of Fate, Code of Ordinances § 38-2 .................................................................37 City of Heath, Code of Heath § 158.01 ...................................................................37 City of Highland Village, Highland Village Subdivision Ordinance § 1.1 .............37 CITY OF LEWISVILLE, CODE OF ORDINANCES 6-23, 6-24 ..........................................37 Town of Lakewood Village, Code of Ordinances § 11.16 ........................................3 Town of Lakewood Village, Code of Ordinances § 13.07 ....................................4, 5 Other Authorities BLACK'S LAW DICTIONARY (5TH ED. 1979)................................................................34 BROOKS, TEXAS MUNICIPAL LAW AND PRACTICE § 21.03 .......................................26 COMMITTEE ON URBAN AFFAIRS, BILL ANALYSIS, TEX. H.B. 3187, 71ST LEG., R.S. (1989)....................................................................................................................42 HB 609 ........................................................................................................ 24, 25, 16 x  STATEMENT ON ORAL ARGUMENT The Town of Lakewood Village requests oral argument pursuant to TEXAS RULE OF APPELLATE PROCEDURE 39.1 because the legal issues involved are of importance to the 1142+ municipalities of Texas. Appellant seeks to have the courts divest Texas municipalities, including Lakewood Village, of authority expressly granted to them by the Legislature to extend subdivision rules to their extraterritorial jurisdictions (“ETJ”), so as to ensure the safe, orderly and healthy development of municipalities in their ETJ. The Court’s decision process would be significantly aided if oral argument is allowed. xii  IN THE COURT OF APPEALS FOR THE SECOND DISTRICT OF TEXAS AT FORTH WORTH ____________________________________________________________ NO. 02-14-00143-CV ____________________________________________________________ HARRY BIZIOS, Appellant, vs. TOWN OF LAKEWOOD VILLAGE, TEXAS, Appellee. Appealed from the 431ST Judicial District Court Denton County, Texas ____________________________________________________________ APPELLEE’S BRIEF ____________________________________________________________ TO THE HONORABLE COURT OF APPEALS: The Town of Lakewood Village submits this brief as appellee. For clarity, Appellee Town of Lakewood Village will be referred to as the Appellee or Town, and Appellant Harry Bizios will be referred to as the Appellant, Bizios, or Owner. 1  ISSUES PRESENTED Whether the trial court properly granted the Town’s request for temporary injunction when the evidence showed the Town had a probable right to relief. 1. The Town has, and all Texas municipalities have, the statutory authority to apply their subdivision rules for development to the ETJ. No statute prohibits this authority. 2. The Owner does not have vested rights to a 1995 plat filed only with Denton County. STATEMENT OF FACTS The Town of Lakewood Village is a Type A general law city, incorporated in 1977, and is a political subdivision of the State of Texas. [2 R.R. 54]. Surrounding its town limits, the Town by statute has a one-half mile area designated as its extraterritorial jurisdiction ("ETJ"), wherein the Town has been given authority to regulate. Id.; See Town Map [C.R. 118-119, 121-122], Appx. A; [2 R.R. 56]. All Texas cities, by statute, have an adjacent ETJ. Tex. Loc. Gov’t Code § 42.021. The Town, by statute, has a vested interest to promote and protect the general health, safety, and welfare of those in its ETJ, including the Appellant’s property. TEX. LOC. GOV’T CODE § 42.001. Regulation of the subdivision rules and building codes in the Town’s ETJ is important so that safe construction and materials are guaranteed to be used. [C.R. 265, preamble to Ord. 10-01]. In the 2 Town of Lakewood Village’s extraterritorial jurisdiction, there are approximately 10 subdivisions. 1 Appx. E. Appellant’s property is but one property that is regulated by the Town in its ETJ. [3 R.R. 9]. Appellant’s property is located in the subdivision of Sunrise Bay, and is undisputedly located wholly within the Town's ETJ. [C.R. 125, 132-136]; [2 R.R. 55, 58]. The Appellant's property is located at Lot 84, Block 1 of Sunrise Bay at Lake Lewisville, Denton County, and is more commonly known as 3950 or 3960 Spinnaker Run Point, Denton County, Texas (the “Property”) [C.R. 114-115, 131- 136]. The Property has a steep downfall from the front to the back of the Property (approximately 21 feet) and is partially located within the 100-year floodplain. [C.R. 127-128, 482-487]; [2 R.R. 59]; [3 R.R. 45-46]. The footprint of the residential structure on the building plans shows the structure touches the floodplain in four different places. [3 R.R. 47; see the lot in the floodplain at C.R. 159]. Town’s Building Codes The Town has furthered its vested interest and responsibility to the public in its ETJ through the regulation of subdivisions, development, and building codes. The Town adopted the 2006 International Residential Code under Ordinance 11- 1 The Court is requested to take judicial notice of the Lakewood Village map depicting the subdivisions, a certified copy of which is in Appx. D. See Caso-Bercht v. Striker Industries, 147 S.W.3d 460, 463 (Tex. App.—Corpus Christi 2004, no pet.) (appellate court may take judicial notice). 3 16, which is published by the International Code Council and serves as a uniform building code for the Town [C.R. 319-342]; [2 R.R. 63]. Likewise, the uniform mechanical, electrical, fuel gas, and plumbing codes were adopted and extended to the Town’s ETJ. [C.R. 285-291, 425-429, 313-317, 300-304]; [2 R.R. 129].The Town adopted Ordinance No. 10-01 on January 14, 2010, which extended its building codes to the Town's ETJ. [C.R. 264-283] [2 R.R. 64], and Ordinance No. 13-07 on June 13, 2013, which extended its subdivision regulations to its ETJ [C.R. 344-368](previously Ord. No. 11-11 adopted March 11, 2011 [C.R. 306- 310]). The Town's building codes also include heightened standards enacted as local amendments to the national building code standards in order to increase the health, safety and welfare of those building in both the Town's limits and its ETJ [C.R. 319-342]; [2 R.R. 118-119, 131]. Examples of the heightened local Town standards include heightened floodplain regulations. [C.R. 246][2 R.R. 141]; carbon monoxide detectors [C.R. 336]; foundations on expansive soils [C.R. 337]; dryer exhaust [C.R. 340]; studor vents/ air admittance valves [C.R. 341]; increased wire size [C.R. 341]; and plumbing regulations [C.R. 279]. The heightened standards apply equally to residences built in the Town's limits and ETJ. Id. Appellant’s Building Plans Appellant filed building plans with the Town on January 27, 2014, registered a contractor with the Town, and scheduled a pre-construction meeting with the 4 Town. [C.R. 138-158]; [2 R.R. 62-63, 67]. Registering contractors with the Town was required, and the pre-construction meeting was required before construction. [2 R.R. 62-63]. Appellant subsequently cancelled the pre-construction meeting, never obtained the required permit, and failed to comply with the Town's subdivision regulations and building codes, which are enacted to promote and protect the health, safety, and welfare of persons and property in the Sunrise Bay subdivision and other subdivisions within the ETJ. [2 R.R. 133]; [2 R.R. 63]; [3 R.R. 19, 40]. The building plans were reviewed by the Town’s building inspector, who has over 16 years of experience, is a certified building inspector, and written seven national articles on building issues. [2 R.R. 111]. He found Appellant’s plans would not comply with the 2006 International Residential Code and other building requirements adopted by the Town. [C.R. 138-158]; [2 R.R. 114-115]. For example: • The plans stated that the 2003 International Residential Code would be used as the standard to construct the residential structure. [C.R. 139]; [2 R.R. 114-115]. The correct building code is the 2006 International Residential Code, with the Town’s local amendments. [2 R.R. 115]. • Part of the Property is located in the 100 year flood plain, and the planned residence buts up against the 100 year flood plain. [2 R.R. 115][C.R. 128, 482-487]. The required finish floor elevation for Appellant’s residence by the Town is 540 msl. [2 R.R. 116-117]. The Town requires for safety purposes a finished floor elevation of 3 feet above the 100 year flood plain. [C.R. 354]. The submitted plans show the entire structure was designed to be built too low, several feet below a finished floor elevation of 540 msl as required by the 5  Lakewood Village Ordinance No. 13-07(5)(d)(7). On the first day of the hearing, Appellant agreed to modify his building plans to build to the 540 msl. [C.R. 141, 483, 495]; [2 R.R. 60, 97, 117, 125]; [3 R.R. 16]. The purpose of the elevation requirement is to keep people from building in an area where a house could be flooded [2 R.R. 116]; [3 R.R. 48, 50]. • A non-engineered foundation was submitted, in violation of the Town’s code. [2 R.R. 147]. Appellant indicated that the foundation did not have an engineering seal on it because the manufacturer had filed bankruptcy. [3 R.R. 31]. • A retaining wall was built on the Property without a Town permit, and Appellant failed to provide an engineering study to the Town, even when it was requested. [C.R. 491] [2 R.R. 67, 104] IRC R404; [2 R.R. 118]. This makes it impossible for the Town to determine the possibility of lateral movement of the retaining wall for protection of the Property, its residents, and adjacent property from flooding. [2 R.R. 118-119]. • The submitted plans failed to provide the correct kitchen island vents, in lieu of Studor vents, as required by the Town ordinances [C.R. 141]; [2 R.R. 121]; [3 R.R. 30]. Upon an initial inspection that was agreed upon the first day of the hearing, Appellant’s construction failed inspection because studor vents had actually been constructed despite notification that they were not allowed, as well as there being no required form board survey and no copper pipe installation. [2 R.R. 102-103, 122-123]. Studor vents are not approved by the Town because they pose a danger in that if moving parts fail, sewer gas can go into the living area of the residence. [2 R.R. 121-122]. • The submitted plans violated the 2006 International Residential Code due to the top of the chimney being less than 2 feet above the roofline, as measured horizontally, and 10 feet away [from what?] [C.R. 145]; [2 R.R. 127]. This standard is required because chimneys that are not high enough pose a danger. [2 R.R. 127]. • Several other Town specific standards were noted by the building official of the Town in the plans originally submitted to the Town. 6  The purpose of the plan review is to advise the Appellant of non- compliance issues. [2 R.R. 141-2]. Appellant’s refusal to obey the law The Town first learned of Appellant’s construction work on the Property on March 10, 2014. [2 R.R. 65], [C.R. 167]. No permit had been issued to Appellant from the Town to be able to do construction work. [2 R.R.62]. A permit is required by the Town. [CR 266-283] [2 R.R. 62-63, 118]. Appellant elected to commence construction without a permit. [C.R.109. Due to the ongoing work on the Property without a required building permit, the Town’s Building Official placed a stop work order on the Property on March 13, 2014. Appx B, C; [C.R. 164, 170-180] [2 R.R. 68-69, 135]. Appellant intentionally removed the stop work order on March 14, 2014, and work continued. [C.R. 44][2 R.R. 74-76]. On March 14, 2012, the Town placed a second stop work order on the Property. [C.R. 161]; [2 R.R. 72-73]; [3 R.R. 44]. The Appellant was aware of the stop work orders and refused to abate construction. [3 R.R. 44]. The Appellant and his contractor were both standing nearby when the Town posted the second stop work order on the Property. A picture of the event is attached as Appx D. The Appellant removed the second stop work order, and again continued construction. [C.R. 64-75]; [2 R.R. 74-76]. The Appellant failed to meet with the Town building inspector to review comments made to the submitted plans [2 R.R. 62], failed to obtain permits for work on the property [2 R.R. 118, 80], failed to submit engineering plans for a lake-retaining 7 wall [C.R. 491] [2 R.R. 67, 104, 118], and failed to have inspections for completed work on the property. [2 R.R. 65]. County-only regulations Appellant submitted his building plans to the Sunrise Bay architectural control review committee, and that committee advised him to discuss filing an initial building permit plan with the Town. [3 R.R. 14-18]. Denton County also has an order that requires property owners to submit their plans to the Town. [C.R. 213]. Denton County Commissioner’s Court Order 10-0045 states that if construction occurs in the extraterritorial jurisdiction of a municipality that has adopted a building code for the municipality’s extraterritorial jurisdiction, the building code adopted by the municipality controls. [C.R. 213]. Denton County also gives notices to builders and home buyers, which states: NOTICE Home Builders and Home Buyers On January 26, 2010, Denton County Commissioners Court approved a resolution that applies to certain residential construction in the unincorporated areas of Denton County. … Building in the Extra Territorial Jurisdiction (ETJ): If you are building in the ETJ of a municipality that has adopted a building code for the municipality’s ETJ, then the builder follows the municipality’s codes. However, the builder is still required to submit the necessary paperwork to Denton County Public Works. 8  [C.R. 212-218]; [2 R.R. 62]; [4 R.R. Ex. 18]. 2 The Appellant sought to develop his property according to County regulations. [See 3 R.R. 25]. But the County undisputedly requires any property owner building in an ETJ to use that municipality’s building standards. [C.R. 212- 218]. There is a significant difference in the building standards between the Town and the County — Denton County requires 3 third-party basic inspections and does not provide any other oversight [2 R.R. 64-65]; whereas, the Town requires approximately 14 different inspections. [2 R.R. 65]. If a property owner relies only on the County, then there would be no inspection, for instance, to make sure the brick adheres to the walls through the use of multiple brick ties or the like [2 R.R. 128], or to ensure that there is proper electrical safety. [2 R.R. 129-131]. The Plat The plat which includes the Property was approved in 1995. [C.R. 133-136]. It was approved only by Little Elm and Denton County. [2 R.R. 106, 139-140]. The Town had no knowledge of the plat, and has not approved the plat. [2 R.R. 60- 61]. The plat contains no signature of any Town authority indicating approval, and the Town had no actual notice of the plat. [2 R.R. 60-61, 135]. 2 The Notice is reflected in the record at C.R. 212-218; however, the Town had offered a second version that was certified as a public record by Denton County that included the language cited. Although the trial court admitted this exhibit as “Petitioner’s Exhibit 1,” it is not in the record. See R.R. 106-09. The Town is filing a motion contemporaneously with this brief to supplement the record with this document. 9  Town Authority to Annex The Town has several interests in regulating development in its ETJ, including that portions of the ETJ may become part of the Town in the future through annexation. The Town's current population is approximately 620, and based on development within the Town's limits, it is anticipated that the Town's residency will quadruple in future growth. [2 R.R. 54]. The Town would then have the statutory authority to annex an area without consent of residents when it provides water or sewer to the area. TEX. LOC. GOV'T CODE § 43.033 [2 R.R. 54]. The Town also has various means to annex properties in its ETJ, see TEX. LOC. GOV’T CODE § 43.051, such as TEX. LOC. GOV'T CODE § 43.024 (annexation upon request of area voters) and § 43.028 (annexation of areas sparsely occupied on petition of landowners). The Town currently provides building department services to subdivisions within its ETJ, including Appellant’s Property [2 R.R. 86]. This service protects neighbors from poor construction on adjacent buildings. [2 R.R. 118-19]. The Town does not provide fire or police protection as the area in an ETJ does not pay property taxes to the Town to support those services. Id. The permitting fee for construction supports the building services. The town of Little Elm does provide water for the Property, but not sewer. Id. Sewer is not currently needed because the residences within the ETJ use a septic system. [2 R.R. 101]. However, the Town has sewer infrastructure that can currently be extended to the 10 area, whereas the town of Little Elm does not. Id. Even if the town of Little Elm had a certificate of convenience and necessity issued by the State to provide sewer, it would be unable or incapable of doing so. Id. It is practicable that the Town could provide sewer services in the future to its ETJ, [2 R.R. 102], which would enable unilateral annexation of the area by the Town under TEX. GOV’T CODE § 43.033. [2 R.R. 102]. SUMMARY OF THE ARGUMENT The Town of Lakewood Village provided undisputed evidence that it had a probable right to relief in that it extended its subdivision rules and building codes by ordinance to its extraterritorial jurisdiction, that Appellant’s Property is located exclusively in the Town’s extraterritorial jurisdiction, and that Appellant violated the Town’s ordinances. The Town is therefore entitled to injunctive relief. TEX. LOC. GOV’T CODE § 212.003(c) (“The municipality is entitled to appropriate injunctive relief in district court to enjoin a violation of municipal ordinances or codes applicable to the extraterritorial jurisdiction”). The Texas Supreme Court and other courts have repeatedly upheld injunctive relief for violation of municipal ordinances. See City of Fort Worth v. Johnson, 388 S.W.2d 400, (Tex. 1964); Swinney v. City of San Antonio, 483 S.W.2d 556, 559 (Tex. App. – San Antonio 1972, no writ). 11  By statute, the Town has the authority as a Texas municipality to extend subdivision rules and building codes to its ETJ. Sections 212.002 & .003(a) of the Local Government Code explicitly allow municipalities to adopt subdivision rules regulating development in their ETJ; section 214.904(a) explicitly authorizes municipalities to require building permits in their ETJ; and section 233.153(c) explicitly authorizes municipalities to have building codes in their ETJ. The authority to have this regulatory authority in a municipality’s ETJ has been addressed by the Dallas and Corpus Christi Courts of Appeals. Both have affirmed this principle. City of Lucas v. North Texas Municipal Water Dist., 724 S.W.2d 811, 823 (Tex. App.—Dallas 1986, writ ref’d n.r.e.); City of Weslaco v. Carpenter, 644 S.W.2d 601, 603 (Tex. App.—Corpus Christi 1985, writ ref’d n.r.e.). No court has held otherwise. There is good public policy behind this authority—to promote the health, safety and welfare of persons residing adjacent to municipalities in the ETJ. TEX. LOC. GOV’T CODE §§ 212.002(a), 42.001. Appellant focuses on the services he will or will not receive from the Town. The Town focuses on its responsibility, as articulated by the Texas Legislature, to protect public health, safety and welfare. Municipal regulation in the ETJ is an important function of local government in order to meet the gaps in safety that occur when property development is unsupervised or undersupervised. There is a second public policy behind this 12 authority—to have uniform regulations in both the city limits and its contiguous ETJ. This permits homogeneity in building requirements and standards upon annexation of property in the ETJ. Moreover, the regulation of building codes within the ETJ is a valid exercise of municipal police power. Appellant’s claim of vested rights under Chapter 245 of the Texas Local Government Code also fails. It can only be brought by mandamus, declaratory or injunctive relief. TEX. LOC. GOV’T CODE § 245.006. Appellant has not made this claim. As a matter of law, vested rights cannot be addressed. Even if Appellant had properly asserted this claim, the vested rights statute does not apply. Appellee’s building regulations are exempted from the vested rights statute because they are current uniform building codes that apply to residential structures. TEX. LOC. GOV’T CODE § 245.004. The vested rights statute also does not require the Town to provide vested rights for a permit issued by another regulatory agency. TEX. LOC. GOV’T CODE §245.002(a); Shumaker Enterprises, Inc. v. City of Austin, 325 S.W.3d 812 (Tex. App.—Austin 2010, no pet.). Here, a 1995 plat was only authorized by Little Elm and Denton County. Lakewood Village cannot be bound by these other entities. Likewise, the Town had no fair notice of the plat filed in 1995, so the vested rights statute is inapplicable. TEX. LOC. GOV’T CODE § 245.002(a-1). It first learned of the plat in this lawsuit. 13  Finally, Appellant states that he chose to proceed without a permit from the Town. If Appellant wants to claim that the Town’s permit fee and process are legally flawed, public policy dictates a recourse other than ignoring the law. As the town has proved a probable right to relief with statutory authority to apply its subdivision rules and building codes to its ETJ, and the Appellant intentionally violated the Town’s rules and codes without vested rights to a decades old plat, the trial court properly granted the Town’s request for temporary injunction. Its order should be affirmed. STANDARD OF REVIEW The standard of review for an order granting or denying a temporary injunction is abuse of discretion. Butnaru v. Ford Motor Co., 84 S.W. 3d 198, 204 (Tex. 2002); Loye v. Travelhost, Inc., 156 S.W.3d 615, 618 (Tex. App.—Dallas 2004, no pet.). A temporary injunction’s purpose is to preserve the status quo of the litigation’s subject matter pending a trial on the merits. Butnaru, 84 S.W.3d at 204. A status quo can never be a condition where there is a violation of the law, as occurred here. In re Newton, 146 S.W.3d 648, 651 (Tex. 2004), citing Houston Compressed Steel Corp. v. State, 456 S.W.2d 768, 775 (Tex. Civ. App.—Houston [1st Dist.] 1970, no writ) (where the acts sought to be enjoined violate an expressed law, “the status quo to be preserved could never be a condition of affairs where the respondent would be permitted to continue the acts constituting that violation”) 14 The trial court abuses its discretion when it acts arbitrarily, unreasonably acts without reference to guiding rules or principals, or misapplies the law to the established facts of the case. Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992). “The reviewing court must not substitute its judgment for the trial court’s judgment unless the trial court’s action was so arbitrary that it exceeded the bounds of reasonable discretion.” Butnaru, 84 S.W.3d at 204; Loye, 156 S.W. 3d at 618-19. In reviewing the evidence, the Court “draw[s] all legitimate inferences from the evidence in a manner most favorable to the trial court’s judgment. See Ireland v. Franklin, 950 S.W.2d 155, 157 (Tex. App.—San Antonio 1997, no writ). In situations where “no findings of fact or conclusions of law were filed, as here, the trial court must be upheld on any legal theory supported by the record.” Davis v. Huey, 571 S.W.2d 859, 862 (Tex. 1978). ARGUMENT & AUTHORITIES I. The Town has a probable right to relief and the injunction should be affirmed The Town has a probable right to relief in this case. At the hearing on the Town’s application for temporary injunction, the Town proved that it is likely to succeed on the merits of its lawsuit. The Town was not required to show that it would ultimately prevail. Walling v. Metcalfe, 863 S.W.2d 56, 58 (Tex. 1993). At the heart of the Town’s request for injunctive relief is Appellant’s violation of the 15 Town’s building code in that he failed to obtain a permit for construction of his house [2 R.R. 62], failed to pay permitting fees [C.R. 109], failed to attend a pre- construction conference [2 R.R. 62], failed to obtain engineering certificates [2 R.R. 118, 132, 146] [C.R.8], failed to permit inspections [2 R.R. 65], and failed to stop work after issuance of a stop work order [2 R.R. 72-73][C.R. 6-8, 64-75, 85- 86, 162-164]. The Town requested injunctive relief under Section 212.003(c) of the Local Government Code. Section 212.003 provides: “The municipality is entitled to appropriate injunctive relief in district court to enjoin a violation of municipal ordinances or codes applicable in the extraterritorial jurisdiction.” TEX. LOC. GOV’T CODE § 212.003(c). Almost all of the documentary evidence, 37 exhibits, were admitted by stipulation of the parties. There were stipulated facts agreed to by the parties. The Town also called as witnesses its building official and town secretary. The Town produced uncontested evidence of its adoption of the International Residential Code and local amendments and extension of those codes and ordinances into its ETJ. [C.R. 264-283, 285-291, 300-304, 313-317, 319-342, 344-368, 425-429]. The Town showed that Appellant had actual notice of these provisions and yet intentionally refused to comply with, and abate his violations of, those provisions. [3 R.R. 44]. Appellant readily admits he was not going to comply with the Town’s regulations. [3 R.R. 44]. That he intentionally refused to comply with the Town’s 16 ordinances is clearly depicted when the stop work order was posted on his Property with the Appellant standing nearby, Appx. D, yet he took the stop work order down and allowed work to continue on the Property. [2 R.R. 74-76]. The evidence is undisputed that Appellant violated the Town’s ordinances. Chapter 212 of the Texas Local Government Code does not require the Town to show anything else. TEX. LOC. GOV’T CODE § 212.003(c). Proof of the violation of the Town’s ordinances establishes a case for injunctive relief. See City of Fort Worth v. Johnson, 388 S.W.2d 400, (Tex. 1964); Hollingsworth v. City of Dallas, 931 S.W.2d 699, 703 (Tex. App. – Dallas 1996, writ denied); Maloy v. City of Lewisville, 848 S.W.2d 380, 385 (Tex. App. – Fort Worth 1993, no writ); Long v. City of Fort Worth, 333 S.W.2d 644, 647 (Tex. Civ.App. – Fort Worth 1960, no writ)(city is entitled to injunctive relief if it proves the violation of a zoning ordinance). In Swinney v. City of San Antonio, 483 S.W.2d 556, 559 (Tex. App. – San Antonio 1972, no writ), the city of San Antonio obtained a temporary injunction restraining the defendant from extending a water supply and distribution system into a subdivision located in the city’s ETJ, enjoining the defendant from connecting the system to any residences in the subdivision, and ordering the defendant to submit plans and specifications of the system to the city. The trial court entered injunctive relief in favor of San Antonio. The defendant appealed. Id. at 557. The San Antonio Court of Appeals affirmed the injunctive relief, finding 17 “the violation of the ordinance is patent.” Id. at 558. In this case, too, the violation by Appellants of the Town’s ordinances is patent. The Town is entitled to injunctive relief. II. The Town, and all Texas Municipalities, have the statutory authority to extend their subdivision rules for development to the ETJ Texas municipalities, whether home-rule or general law like the Town of Lakewood Village, have been granted the statutory authority to apply, by ordinance, their subdivision rules regarding development, including platting, building standards and permitting in their ETJ. TEX. LOC. GOV’T CODE §§ 212.003(a), 212.002, 214.904(a), 233.153(c); see also Hartsell v. Town of Talty, 130 S.W.3d 325, 328 (Tex. App. – Dallas 2004, pet. denied) (“ordinances regulating development, such as those specifying design, construction and maintenance standards may be extended into a city’s extraterritorial jurisdiction”); Levy v. City of Plano, 2001 WL 1382520, *2 (Tex. App. – Dallas 2001, no pet.)(“city subdivision regulations apply to the city’s ETJ”); City of Lucas v. North Texas Municipal Water Dist., 724 S.W.2d 811, 823 (Tex. App. – Dallas 1986, writ ref’d n.r.e.) (“Article 970a [recodified; now, § 212..002, 003(a)] confers authority upon a city to extend its subdivision ordinances to its extraterritorial jurisdiction. … Consequently, ordinances regulating development, such as those specifying design, construction and maintenance standards, may be extended by a 18 city into its extraterritorial jurisdiction”). A. The Statutes The authority of Texas municipalities to apply their subdivision regulations to the ETJ is contained in the Local Government Code. Section 212.003 of the Local Government Code states in pertinent part: § 212.003 Extension of Rules to Extraterritorial Jurisdiction (a) The governing body of a municipality by ordinance may extend to the extraterritorial jurisdiction of the municipality the application of municipal ordinances adopted under Section 212.002 … . TEX. LOC. GOV’T CODE § 212.003(a) (emphasis added). Section 212.002 states in pertinent part that: § 212.002 Rules [T]he governing body of a municipality may adopt rules governing plats and subdivisions of land…to promote the health, safety, morals, or general welfare of the municipality and the safe, orderly, and healthful development of the municipality. TEX. LOC. GOV’T CODE § 212.002 (emphasis added). So, the Legislature by §§ 212.002 & .003 has authorized Texas municipalities to extend their subdivision rules for development to the ETJ. There is also statutory authority authorizing municipal permits and updated, localized building codes in the ETJ. Section 214.212 of the Local Government Code states: § 214.212 International Residential Code (a) To protect the public health, safety, and welfare, the International 19  Residential Code, as it existed on May 1, 2001, is adopted as a municipal residential building code in this state. (b) The International Residential Code applies to all construction, alteration remodeling, enlargement, and repair of residential structures in a municipality. TEX. LOC. GOV’T CODE § 212.002.3 “Municipality” is defined as “a general-law municipality, home-rule municipality, or special-law municipality.” TEX. LOC. GOV’T CODE § 1.005(3) (emphasis added). A “municipality” (including a general law municipality like Lakewood Village) may adopt later versions of the International Residential Code and also adopt local amendments. TEX. LOC. GOV’T CODE § 212.002(c), (d). Lakewood Village has done that. Read in conjunction with § 212.003 which authorizes Texas municipalities to extend subdivision rules for development “to the extraterritorial jurisdiction,” § 214.904(a) authorizes Texas municipalities to extend their permitting and § 214.221 authorizes Texas municipalities to extend their residential codes for development to the “extraterritorial jurisdiction.” Section 214.904(a) of the Local Government Code states: This section applies only to a permit required by a municipality to erect or improve a building or other structure in the municipality or its extraterritorial jurisdiction. Tex. Loc. Gov’t Code § 212.904(a)(emphasis added). 3 Section 214.212(a)-(c) requires municipalities across the state to adopt the International Residential Code (“IRC”). It imposes a mandatory uniform residential building code, as opposed to merely providing an optional code that cities may but are not required to adopt. Municipalities may adopt amendments to the IRC that are more restrictive than the standards in the IRC. Tex. Leg. Council, letter opinion September 19, 2003. 20  The Legislature also adopted the 2008 International Residential Code in unincorporated areas of virtually every county in the State (Tex. Loc. Gov’t Code § 233.153(a)) except where a municipality has “adopted a building code in the municipality’s extraterritorial jurisdiction,” in which case, the building code adopted by the municipality controls. Tex. Loc. Gov’t Code § 233.153(c). Section 233.153 expressly states the Legislature’s intent that municipalities have the authorization to extend application of adopted building codes into their extraterritorial jurisdiction, to the exclusion of counties. This plainly demonstrates the ability of Texas municipalities to regulate construction in their ETJ through the application and enforcement of their adopted building codes. Indeed, Denton County has recognized by unanimous court order that: [I]f … construction occurs in the extraterritorial jurisdiction of a municipality that has adopted a building code for the municipality’s extraterritorial jurisdiction, the building code adopted by the municipality controls[,] and building code standards under Subchapter F of Section 233.153 of the Texas Local Government Code [applicable to Texas counties] have no effect in that municipality’s extraterritorial jurisdiction. CR 215; DENTON COUNTY COMM. COURT ORDER NO. 10-0045 (emphasis added). The Denton County Court Order tracks exactly the language of Local Government Code § 233.153(c): Subchapter F. Residential Building Code Standards Applicable to Unincorporated Areas of Certain Counties If a municipality located within a county to which this subchapter 21  applies 4 has adopted a building code in the municipality’s extraterritorial jurisdiction, the building code adopted by the municipality 5 controls…. Tex. Loc. Gov’t Code §§ 233.153(c). Denton County recognizes this standard. The Denton County Department of Public Works, Engineering Division, issues a Notice to “Home Builders” and “Home Buyers” stating: Building in the Extra Territorial Jurisdiction (“ETJ”) If you are building in the ETJ of a municipality that has adopted a building code for the municipality’s ETJ, then the builder follows the municipality’s codes. [C.R. 213]. Thus, Texas municipalities rules, permits and codes may be extended for use in development in the ETJ pursuant to Local Government Code §§ 212.003(a), 212.904(a), and 233.153(c). B. The Legislative Intent Lest there be any doubt that the Legislature has authorized Texas municipalities to extend subdivision rules, permits and codes regarding development to the ETJ, the Court need look no further than the expressed 4 Subchapter F applies to a county with a population of more than 100 or has adopted the provisions of Subchapter F. Denton County has a population of 694,100. See http://dentoncounty.com/Departments/Budget/Statistical-Information-Section/10-Year Population-History.apx. 5 It is clear that the legislature refers to a municipality in a general sense, not solely a home-rule city to the exclusion of general law cities. When a statute only applies to a home-rule city, the legislature so indicates. Compare § 217.041 (“applies only to a home-rule municipality”) with § 217.021 (“applies only to a Type B general-law municipality”). And again, “municipality” is defined as “a general-law municipality, home-rule municipality, or special-law municipality.” TEX. LOC. GOV’T CODE § 1.005(3). 22  statutory intent contained in the foundational “Rules” statute, § 212.002. Rules that govern subdivisions are made to promote: the safe, orderly, and healthy development of the municipality. TEX. LOC. GOV’T CODE § 212.002. This intent is buttressed by § 42.001. The Legislature has declared, as state policy, that a municipality’s ETJ is used to promote and protect the general health, safety, and welfare of persons residing in and adjacent to a municipality. TEX. LOC. GOV’T CODE § 42.001. Thus, the State charges municipalities to protect the public health, safety, and welfare in their ETJ. Development of a Texas municipality occurs in the adjacent ETJ, including by annexation. The plain meaning of the statutory intent of §§ 212.002 and 42.001 allows the same building standards to apply both in a city’s limits and in its ETJ which may become part of the city. Otherwise, there would be an incongruity of building standards between a city’s limit and in its ETJ. The Supreme Court has further noted that the purpose of subdivision regulations is to “ensure that the subdivisions are safely constructed and to promote the orderly development of the community.” City of Round Rock v. Smith, 687 S.W.2d 300, 302 (Tex. 1985) (emphasis added). When the purpose of legislative enactment is obvious from the language of the law itself, there is nothing left to construction. Fitgerald v. Advanced Spine Fixation Systems, 996 S.W.2d 864, 866 (Tex. 1999). The United States Supreme Court has also stated 23 that a court should not apply rules of construction to unambiguous language barring exceptional circumstances. See Burlington Northern R.R. Co. v. Oklahoma Tax Comm., 481 U.S. 454, 461 (1987). The statutory purpose for authorizing subdivision rules for development is plain; it is allowed both in city limits and the ETJ. The statutory purpose supports Lakewood Village’s injunctive relief. Appellant points to failed HB 609 (Smith) 2007 in attempt to demonstrate that Texas cities do not have authority to extend building codes to their ETJ. See Appellant’s (“Appt.”) brief at 15. The argument lacks merit. Appellant seemingly distinguishes between the ability of home-rule cities and general law cities to extend their building codes into their ETJs. See Appt. brief at 8, 17. Under Appellant’s view, home-rule cities have this power, but general law cities do not. The language of HB 609 cuts against the Appellant’s argument. HB 609 makes no distinction between home-rule and general cities. It was written to apply to all Texas cities. See Appt. brief at appendix G. If general law cities were the only type of Texas city without express statutory authority to regulate in the ETJ, then HB 609 would have only been drafted to target solely general law cities, and not all types of cities. The language of this bill shows that all Texas cities are treated equally regarding the ETJ. Moreover, the proposed bill may not have passed the legislature because it was unnecessary. The Legislature had already enacted a statutory basis for Texas 24 cities to extend their building codes to their ETJs. See Section I, A & B supra. The Legislature would have been acting uselessly if it passed the HB 609, and the Legislature is never presumed to act uselessly. Hunter v. Fort Worth Cap. Corp., 620 S.W.2d at 551 (a cardinal rule of statutory construction is that the legislature is never presumed to do a useless or meaningless act.). Basically, the Appellant is asking this Court to interpret the rights of cities regarding the exercise of jurisdiction in their ETJ because of the failure of a bill. The Texas Supreme Court, however, has held that an appellate court cannot interpret legislative intent from the failure of a bill, reasoning: [W]e eschew guesswork, and a bill's failure to pass sheds no light because, as even casual Capitol observers know, bills fall short for countless reasons, many of them ‘wholly unrelated’ to the bill's substantive merits or ‘to the Legislature's view of what the original statute does or does not mean.’ Bills rise and fall for reasons both incalculable and inscrutable, and courts' reluctance to draw inferences from subsequent legislative inaction is deeply rooted, as explained by the United States Supreme Court a half-century ago: ‘Such non-action by Congress affords the most dubious foundation for drawing positive inferences.... Whether Congress thought the proposal unwise ... or unnecessary, we cannot tell; accordingly, no inference can properly be drawn from the failure of the Congress to act.’ We, too, reject searching for confirmation or contradiction in later sessions' unsuccessful bill drafts. As non-adoption infers nothing authoritative about an earlier statute's meaning, we do not consult failed bills to divine what a previous Legislature intended. 25  Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433, 470–71 (Tex. 2009) (footnote references omitted). This Court should decline the Appellant’s invitation to use failed HB 609. C. Local Government Code § 212.049 does not apply to the Town Appellant argues that § 212.049 of the Local Government Code prevents the Town from regulating its building codes within its ETJ, but that is simply not the case. Two subchapters in Local Government Code chapter 212 govern platting — subdivision plats subchapter A and development plats in subchapter B. See TEX. LOC. GOV’T CODE § 212.042. The Town is governed by subchapter A, including §§ 212.002 & .003. A municipality may also choose to be governed by subchapter B, the development plats statutes, which formerly applied only to the city of Houston.6 Development plats in subchapter B are different than the traditional plats in subchapter A in that development plats are not for subdividing land into multiple lots. 7 To be governed by subchapter B (in which § 212.049 is located), the provisions of subchapter B have to be specifically invoked and affirmatively adopted by ordinance. TEX. LOC. GOV’T CODE § 212.041. The 6 As first enacted, this law was applicable to any “unzoned city” with a population exceeding 1.5 million. See BROOKS, TEXAS MUNICIPAL LAW AND PRACTICE §21.03 n. 78, citing Acts 1985, 9th Leg., p. 2187, ch. 568. 7 Subchapter A is entitled “Regulation of Subdivisions” and Subchapter B is entitled “Regulation of Property Development.” An owner who has filed a subdivision plat to create lots under Subchapter A cannot also be required to file a development plat under Subchapter B. § 212.045(d). The two types of plats, and two subchapters, are conspicuously different. 26  Town has not adopted subchapter B, so its provisions simply do not apply. 8 The structure of subchapters A and B is also telling. Section 212.049, which “does not authorize [a] municipality to require municipal building permits or otherwise enforce the municipality’s building code” in the ETJ, is located in subchapter B. But the Legislature did not enact a similar provision like § 212.049 in subchapter A, which is the subchapter utilized by Lakewood Village. This omission further demonstrates that regulation of codes and permits is allowed in the ETJ, especially given that the Legislature plainly allows ETJ permits in § 214.904(a) and § 233.153(c). Further, on its face, the Sunrise Bay subdivision plat fails to meet the content requirement for development plats set forth in §212.045(b)(1) of Subchapter B which requires a development plat to show “each existing or proposed building, structure, or improvement or proposed modification of external configuration of a building, structure, or improvement involving a change of the building, structure, or improvement . . . .” Reviewing the Sunrise Bay plat, alone, demonstrates it is a Subchapter A traditional plat. D. Local Government Code § 212.007 does not apply to the Town The Appellant’s Property is a tract of land located in the Sunrise Bay subdivision. The Property is located exclusively within the Lakewood Village ETJ. 8 Development plats deal with development and construction of property that is not subdivided. Here, the Property has been subdivided by plat. So, development platting rules are not applicable to the Property, even if the Town had adopted subchapter B. 27 This is undisputed. [C.R. 125]. Appellant argues that Local Government Code § 212.007 applies to the Property. It does not. Section 212.007 only applies when a tract of land is located in two or more ETJ’s of municipalities. Here, the Property is only in the ETJ of Lakewood Village. Although the subdivision is located partly in the ETJ of Little Elm and partly in the ETJ of Lakewood Village, the “tract” of Property at issue is located only in Lakewood Village’s ETJ. Therefore, § 212.007 does not apply. Lakewood Village has authority over the Property, not Little Elm. Appellant argues that because the original Sunrise Bay plat was approved by Little Elm over 15 years ago, that the Town is prohibited from exercising authority in its undisputed ETJ today. This argument is not supported by the language of §212.007 which speaks only to plat approval and not to the application of building codes and ordinances which are addressed by other statutory provisions as discussed herein. Local Government Code § 214.904(a), § 233.153(c) and Denton County have given the Town the exclusive authority to apply its building codes and permit requirements in its ETJ. The Town is not seeking to apply platting regulations. Rather, it seeks to enforce its building codes. E. Adoption of the International Residential Code does not limit the Town’s authority in the ETJ Appellant also argues that § 214.212, by requiring municipalities to adopt the International Residential Code, somehow limits a Texas municipality’s building code authority to its city limits only. See Appt. brief at 14. There is no 28  limiting language contained in § 214.212; however, the Legislature does state under a section titled “Time for Issuance of Municipal Building Permit:” This section applies only to a permit required by a municipality to erect or improve a building or other structure in the municipality or its extraterritorial jurisdiction. TEX. LOC. GOV’T CODE § 214.904(a) (emphasis added). Appellant’s interpretation is contrary to the Legislature’s express handling of adoption of residential building codes in a municipality’s extraterritorial jurisdiction. TEX. LOC. GOV’T CODE § 253.153(c). If Texas municipalities are unable to extend subdivision rules and building codes to their ETJ, as Appellant contends, then these provisions written by the Texas Legislature, §§ 214.904(a) and 253.153(c), would be both futile and useless. The Appellant’s argument runs afoul of settled statutory construction and the Texas Legislature. See City of LaPorte v. Barfield, 898 S.W.2d 288, 292 (Tex.1995) (citing Chevron Corp. v. Redmon, 745 S.W.2d 314, 316 (Tex.1987) (courts “will not read statutory language to be pointless if it is reasonably susceptible of another construction.”); Acker v. Tex. Water Comm'n, 790 S.W.2d 299, 300 (Tex.1990); Hunter v. Fort Worth Cap. Corp., 620 S.W.2d 547, 551 (Tex.1981) (a cardinal rule of statutory construction is that the legislature is never presumed to do a useless or meaningless act). Sections 214.904(a) and 233.153(c) are specific statutory authority that building codes are authorized in the ETJ. The Appellant’s argument is without merit. 29  It should also be declined for a second reason — it is contrary to the established principle that the public interest is to be favored over any private interest. TEX. GOV’T CODE § 311.021(5). Thus, the Town’s responsibility to enforce its subdivision rules and building codes to promote and protect the health, safety, and welfare of persons in the Sunrise Bay subdivision (or other subdivisions) should be, by statute, favored over any single property owner in a subdivision. If Appellant’s argument prevailed, a single property owner’s interest would predominate over the interest of all Texas municipalities. This is not, and should not, be the law. The position advocated by the Appellant runs counter to the Texas Legislature’s enactments and statutory intent. F. The Cases: City of Boerne and City of Runaway Bay do not apply; City of Lucas and City of Weslaco are instructive Appellant cites the case of City of San Antonio v. City of Boerne for the premise that the authority of a county does not extend beyond the express grant of a statute regarding roadway annexation.111 S.W.3d 22 (Tex. 2003). Boerne is distinguishable. The issue at hand has nothing to do with a county’s abilities or with a county’s roadway power. It is also distinguishable because the issue in Boerne was one of general control versus a specific annexation authority. The Court in Boerne noted that “petitioning a municipality to annex portions of county roads is unrelated to a commissioner’s court’s specific duty to ensure safe travel.” Id. at 28-29 (emphasis added). The issue at hand deals with the exercise of 30 authority to ensure safe construction by enforcement of building codes for the safe, orderly, and healthy development of a municipality in its ETJ, as authorized by Tex. Loc. Gov’t Code § 212.002, .003, and to promote and protect the general health, safety, and welfare of persons residing in and adjacent to a municipality in the ETJ, as authorized by TEX. LOC. GOV’T CODE § 42.001. In other words, the issues are related. The idea espoused by Appellant that Boerne implicitly overrules, without mentioning, City of Lucas (discussed below) is erroneous. Appellant also cites a case from this Court in attempt to support the proposition that a general law city may not extend its building code regulations to its ETJ. Rhino Real Estate Investments, Inc. v. City of Runaway Bay, No. 02-08- 00340-CV, 2009 WL 2196131 (Tex. App.—Fort Worth July 23, 2009, no pet.). This Court made no such determination in Rhino. The Court instead determined that the city of Runaway Bay had not adopted an ordinance that extended its building codes to its ETJ. Id. at **4 & n.4. Because the ordinance did not actually extend building codes to the ETJ, the issue of whether a city had authority to extend its building codes to its ETJ was never reached. Id. But this Court did cite to Milestone Potranco Dev. Ltd. v. City of San Antonio, 298 S.W.3d 242 (Tex. App.—San Antonio 2009, pet. denied) noting that the city of San Antonio had extended application of a “Tree Ordinance” that was related to rules governing plats and subdivisions in the ETJ. Id. at n. 4. In Milestone, the 31  San Antonio Court of Appeals determined that a tree preservation ordinance properly extended to and was enforceable in the city’s ETJ. Appellant attempts to use this case to show that the codes which are extended have to be “commiserate” with the Town’s platting authority. See Appt. brief at 12, 21. This premise is exactly what the court in Milestone rejected. When faced with a similar challenge of authority as here, the San Antonio court indicated that the tree preservation ordinance was a “rule governing plats and subdivisions of land that a municipality is authorized to adopt as rules that promote health, safety, morals, or general welfare of the municipality and the safe, orderly, and healthful development of the municipality.” Milestone Potranco Dev. Ltd., 298 S.W.3d at 244. The rationale adopted by the San Antonio court for enforcing a tree preservation ordinance in the ETJ is the exact same rationale Lakewood Village urges this Court to use for enforcing subdivision rules and building codes in its ETJ. This rationale has been approved by the Supreme Court in City of Round Rock v. Smith, 687 S.W.2d 300, 302 (Tex. 1985) (determining the purpose of platting and subdivision regulations was to “ensure that subdivisions are safely constructed and to promote the orderly development of the community”). 9 9 The importance of inspections is no more evident than in the case of the city of West, Texas, a general law city. A fertilizer plant and several residential areas were located within the city’s ETJ. Despite fines by state and federal authorities on certain issues, the plant lacked true oversight by any local authority. See Fernandez, Manny (2014-04023), “Lack of Oversight and Regulations Blamed in Texas Chemical Explosion.” http://www.nytimes.com/2014/04/23/us/lack-of-oversight-and-regulations-blamed-in-texas- 32  The case involving the city of Lucas applying its building codes to the ETJ is directly on point. City of Lucas v. North Texas Municipal Water District, 724 S.W.2d 811 823 (Tex. App.—Dallas, 1986, writ ref. n.r.e.). Lucas, a general law town, applied its city ordinances involving subdivision rules to its ETJ. The North Texas Municipal Water District sought to construct a wastewater treatment plant on a 75 acre tract within Lucas’s ETJ. The water district argued that Lucas’s subdivision rules did not apply to its ETJ. The Dallas Court of Appeals disagreed. Id. at 817. It held that the former TEX. REV. CIV. STAT. ANN. art. 970a §4 [recodified at TEX. LOC. GOV’T CODE §§ 212.002, .003] confers authority upon a city to extend its subdivision ordinances into its ETJ. Id. at 817, 823. Art. 970a §4 stated: “the governing body of any city may extend by ordinance to all of the area under its extraterritorial jurisdiction the application of such city’s ordinance establishing rules and regulations governing plats and subdivisions of land.” Id. at 817. This is the same enabling language of §§ 212.002 & .003 of the Local Government Code under which the Town derives its authority. Lucas specifically chemical-explosion.html. Moreover, the houses nearby had no building oversight. The city of West had no building inspection department or adopted codes and no building code or fire code extended to its ETJ. See http://www.cityofwest.com/city-services/planning-and-zoning; http://www.texasobserver.org/report-firefighter-deaths-west-fertilizer-plant-explosion-prevented. Tragically, the fertilizer plant blew up, and hundreds of houses within the blast radius suffered much more property damage and citizens suffered much more personal injury than necessary due to faulty construction of developers that failed to comply with uniform building codes since there were no inspections during construction. See “Lessons Learned from West: How Construction Impacted Structure Damage,” Building Official Association of Texas Presentation at City of Irving Code Summit 2014. 33 holds that “ordinances regulating development, such as those specifying design, construction and maintenance standards, may be extended by a city into its extraterritorial jurisdiction.” Id. at 823. Notably, the Dallas Court of Appeals stated: Were we to hold that building standards are not contemplated by article 970a, we would be left with a statute that grants authority over the laying out of streets, alleys and lot boundaries, but precludes authority over the most important part of a subdivision. Consequently, we conclude that the power over subdivisions conferred by article 970a necessarily or fairly implies a right to issue regulations governing construction of housing, buildings, and the components thereof. Id. at 823-824. The Corpus Christi Court of Appeals came to the same conclusion in City of Weslaco v. Carpenter, 644 S.W.2d 601, 603 (Tex. App.—Corpus Christi 1985, writ ref’d n.r.e.). The city of Weslaco sought to permanently enjoin a landowner from constructing a mobile home park located within the ETJ. Weslaco had extended its subdivision rules to the ETJ, including for “construction,” “permits,” “licensing,” and “inspections.” Id. at 602. Art. 970a [now, §§ 212.002, .003] authorized rules regarding “subdivision of land” to be extended to the ETJ. Id. at 602. Because the word “subdivision” is not defined by statute, the Corpus Christi court found: “The normal, common-sense meaning of the term ‘subdivision’ is expressed in Black’s Law Dictionary (5th ed. 1979) as ‘[d]ivision into smaller parts of the same thing or subject-matter. The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or 34 development.’” Id. at 603 (emphasis in original). The court noted that it had similarly found in Corpus Christi v. Unitarian Church, 436 S.W.2d 923 (Tex. Civ. App. – Corpus Christi 1968, writ ref’d n.r.e.) that “subdivision of land” includes for development purposes. Id. at 603. It was also important that the provision of subdivision rules in the ETJ comported with the legislative findings “to promote and protect the general health, safety and welfare of persons residing within and adjacent to cities of the state… .” Id. at 603. The Corpus Christi court, finding that Weslaco’s subdivision rules apply to the ETJ, mandated that an injunction issue in favor of the city of Weslaco: The injunction sought by [Weslaco] arises not only from proper interpretation of pertinent statutes and ordinances but also as a valid exercise of [Weslaco’s] police power, which by its very nature involves the regulation of subdivision development ‘to prevent the use thereof in a manner that is detrimental to the public interest. The police power may be loosely described as the power of the sovereign to prevent persons under its jurisdiction from conducting themselves or using their property to the detriment of the ‘general welfare.’ Id. at 604 (citations omitted). 10 This same reasoning, the application of the Legislature’s intent, and the exercise of police power applies to this case. Just as 10 Texas courts have repeatedly upheld the ETJ subdivision regulation principle in other contexts. In City of Austin v. Quick, 930 S.W.2d 678, 689-90 (Tex. App. – Austin 1996), the Austin court of appeals upheld the city of Austin’s application of its watershed pollution standards as regulations to the ETJ. This holding was affirmed by the Texas Supreme Court. Quick v. City of Austin, 7 S.W.3d 109, 121 (Tex. 1998). This same principle has also been acknowledged by the federal Fifth Circuit Court of Appeals in New Orleans. FM Properties Operating Co. v. City of Austin, 93 F.3d 167, 170 n. 2 (5th Cir. 1996)(“Texas law allows municipalities to enact water quality standards applicable to the preservation and development of lands outside of the municipalities’ corporate limits, in an area referred to as the 35 Dallas and Corpus Christi courts have found that a city’s building standards apply to the ETJ, this Court too should make the same finding. And it is notable that the Appellant has no contrary authority to Lucas and Weslaco on point. G. Regulation of subdivision rules in the Town’s ETJ is a valid exercise of police power All property is held subject to the valid exercise of the police power. See City of College Station v. Turtle Rock Corp., 680 S.W.2d 802, 804 (Tex.1984) ; Woodson Lumber Co. v. City of College Station, 752 S.W.2d 744, 746 (Tex.App.—Houston [1st Dist.] 1988, no writ). A city may enact reasonable regulations to promote the health, safety, and general welfare of its people. Turtle Rock Corp., 680 S.W.2d at 805. The United States Supreme Court has stated, “government regulation — by definition — involves the adjustment of rights for the public good. Often this adjustment curtails some potential for the use or economic exploitation of private property.” Andrus v. Allard, 444 U.S. 51, 65 (1979). As Justice Holmes stated in Pennsylvania Coal Co. v. Mahon, 260 U.S. 393, 413 (1922): “Government hardly could go on if, to some extent, values incident to property could not be diminished without paying for every such change in the general law. As long recognized, some values are enjoyed under an implied municipalities ‘extraterritorial jurisdiction’”). In Levy v. City of Plano, 2001 WL 1382520 (Tex. App. – Dallas 2001, no pet.), the Dallas Court of Appeals stated the city of Plano’s subdivision regulations applied to the ETJ. In Milestone Potranco Dev. v. City of San Antonio, 298 S.W.3d at 245, the San Antonio Court of Appeals upheld San Antonio’s tree preservation ordinance in the ETJ. These holdings further solidify Lakewood Village’s position. 36 limitation, and must yield to the police power.” Many Texas municipalities extend the application of their subdivision regulations to their ETJ. See City of Fate, Code of Ordinances § 38-2; City of Heath, Code of Heath § 158.01; City of Double Oak, Code of Ordinances § 10.101; City of Highland Village, Highland Village Subdivision Ordinance § 1.1; City of Copper Canyon, Copper Canyon Subdivision Ordinance § 1.1; City of Lewisville, Code of Ordinances §§ 6-23, 6-24; City of Denton, Development Ordinance § 35.16.3 (in Denton County). 11 It is entrenched in Texas jurisprudence that a city may, as a valid exercise of its police power, enact reasonable regulations for the purpose of promoting the health, safety, and general welfare of its people. City of Brookside Village v. Comeau, 633 S.W.2d 790, 792 (Tex.1982), cert. denied, 459 U.S. 1087 (1982); City of College Station v. Turtle Rock Corporation, 680 S.W.2d 802, 805 (Tex.1984) ; Ex parte Woodall, 154 11 See also City of Keller, Unified Development Code § 2.03; City of Plano, Subdivision Ordinance § 1.5; City of Haslet, Subdivision Ordinance § 10.04.031; City of Weatherford, Code of Ordinances § 11-1-4; City of Hudson Oaks, Subdivision Ordinance § 1.02; City of Granbury, Subdivision Ordinance § 1.5; City of Waco, Subdivision Ordinance, Appendix B §§ 1.3, 1.5; City of Hillsboro, Subdivision Ordinance, § 1; City of Sherman, Code of Ordinances, Chapter 10 (Subdivision Regulations) Exhibit A (Subdivision Ordinance); City of Gainesville, Code of Ordinances, Appendix B (Subdivisions); City of Round Rock, Code of Ordinances § 36-3; City of McKinney, Development Regulations § 142-4; City of Celina, Code of Ordinances § 10.03.004; City of Abilene, Land Development Code § 1.1.1.3; City of Stephenville, Subdivision Ordinance § 1.13; City of Henderson, Subdivision Ordinance § 1; City of Whitehouse, Design Guidelines for Subdivision Improvements in Whitehouse, Texas and Extra-territorial Jurisdiction; City of Azle, Subdivision Ordinance § 1.5; City of Bee Cave, Code of Ordinances § 30.01.001; Town of Fairview, Code of Ordinances § 10.02.001; City of Pilot Point, Code of Ordinances § 10.02.003; City of Pittsburg, Code of Ordinances § 10.02.001; City of Grandview, Code of Ordinances § 48-1; City of Sugarland, Land Development Code § 5-1; City of New London, Code of Ordinances, Appendix A (Subdivisions), § 1; City of Abernathy, Code of Ordinances § 10.02.002; City of Colorado City, Code of Ordinances, Chapter 10 (Subdivision Regulations) Exhibit A; and City of Gunter, Code of Ordinances, Chapter 10 (Subdivision Regulations), Exhibit A (Subdivision Ordinance) § 1.3 (Authority). 37 S.W.3d 698, 702 (Tex. App.—El Paso 2004, pet. ref'd). Such police power occurred here. Lakewood Village extended its subdivision rules and building codes to the ETJ as a valid exercise of police power. These rules and codes should be enforced. III. Appellant has no vested rights in a 1995 plat Appellant insists that he has accrued vested rights in a plat filed in 1995, which would allegedly exempt Appellant from the Town’s building regulations. For this argument, defendant relies on TEX. LOC. GOV’T CODE § 245.002(b): “A project that requires a series of permits or approvals in order to reach completion is to be governed by the rules in effect at the time of the first permit in that series….” TEX. LOC. GOV’T CODE § 245.002(b). The Appellant’s theory is misplaced for several reasons: outdated, decades-old building codes do not apply; the county does not regulate building, plumbing, mechanical, and electrical safety and would therefore leave the area subject to little regulation or oversight whatsoever; the plat was never filed with Lakewood Village; Lakewood Village’s building codes are exempt from the vested rights statute; Lakewood Village did not have fair notice of the plat; and the Appellant has not properly pursued vested rights. A. The Town’s subdivision rules are exempt from the vested rights statute 38  Texas has a vested rights statute in Local Government Code chapter 245. It does not apply here. Preliminary plans and related subdivision plats, site plans, and all other development permits for land covered by the preliminary plans or subdivision plats must be considered collectively to be one series of permits for a “project.” TEX. LOC. GOV’T CODE § 245.002(b); Save Our Springs Alliance v. City of Austin, 149 S.W.3d 674 (Tex. App.—Austin 2004, no pet.); TEX. ATTY GEN. OP. JC-0425 (2001). The term “project” is defined in chapter 245 as an “endeavor over which a regulatory agency exerts its jurisdiction and for which one or more permits are required to initiate, continue, or complete the endeavor.” TEX. LOC. GOV’T CODE § 245.001. A plat for the Sunrise Bay subdivision was filed and approved by Denton County and the town of Little Elm in 1995. The plat was never filed with, or approved by, Lakewood Village. The plat’s existence was not known by the Town until this lawsuit, some 19 years later. [2 R.R. 60-61, 135]. Appellant claims that the plat is the first permit in a series of permits. See Appt. brief at 23. The subdivision or platting of land is a different project than the vertical construction on existing lots. FM Properties Operating Co. v. City of Austin, 93 F.3d 167 (5th Cir. 1996) (interpreting former Tex. Gov’t Code Ch. 481, the predecessor to Tex. Loc. Gov’t Code Ch. 245, which states the same language). The court in City of Austin reasoned: If any action were to freeze development regulations…a developer would not have to build in accordance with the latest building, fire, 39  plumbing, mechanical, or electrical codes, but would be permitted to build under codes that might be years old. In addition, the developer would not be required to comply with drainage and watershed regulations. This would result in shoddy development and create an obvious public safety problem which could expose the developer, and possibly the City, to liability for personal injury. This result is contrary to the public interest in health, safety, and welfare. Id. at 170. This theory of outdated building codes was called into question by the Hartsell case on which the Appellant relies. Hartsell v. Town of Talty, 130 S.W.3d 325 (Tex. App.—Dallas 2004, reh. den.). 12 The Dallas Court of Appeals addressed the concern of using outdated building codes, stating “Chapter 245 addresses this concern in other sections…. See Tex. Local Gov’t Code Ann. § 245.004- 245.005(Vernon Supp.2004)(Chapter 245 does not apply to permits more than two years old for construction of building for human occupation where regulation at issue adopts only uniform building or similar code…).” Id. at 328. Section 245.004 provides exemptions to the applicability of the vested rights state, chapter 245. For example, § 245.004 states: “§ 245.004 Exemptions This chapter does not apply to: (1) A permit that is at least two years old, is issued for the construction of a building or structure intended for human occupancy or habitation, and is issued under laws, ordinances, procedures, rules or regulations adopting only: 12 Significantly, Hartsell held that “ordinances regulating development, such as those specifying design, construction and maintenance standards may be extended into a city’s extraterritorial jurisdiction.” Id. at 328. 40  (A) Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; or (B) Local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons; TEX. LOC. GOV’T CODE § 245.004. Assuming, for purposes of argument, that the Town is bound by a plat it had no notice of, then the plat from 1995 is well over two years old and would be subject to the Town’s current building codes. The Town adopted the International Residential Code, Building Code, Plumbing Code, Mechanical Code, Energy Code, Fuel and Gas Code, Property Maintenance Code National Electrical Code, International Fire Code and applied all of these uniform codes to its extraterritorial jurisdiction via ordinance. These codes are uniform codes as described in § 245.004(1)(A), which were adopted by the International Code Council. Several of these codes and ordinances address imminent threats of destruction of property or injury to persons as well. For example, Ordinance 11-16 is a local amendment to the National Electric Code and provides that the conductors used to conduct current must be a minimum size of 12 AWG copper. [C.R. 341 (Ord. 11-16 (p. 22), Sec. 8, Ch. 33, Sec. E3306.2-.3)]. This is a stricter guideline than the IRC made for safety to prevent imminent destruction and personal injury. The County does not regulate this issue, so absent the Town’s regulation, it would be unregulated. Likewise, § 245.004(11) exempts 41 “regulations to prevent the imminent destruction of property or injury to persons….” if the regulations do not affect zoning issues. The Town’s regulations have nothing to do with zoning issues 13 and are made to promote the public health, safety, and welfare of the citizens of the Town and the extraterritorial jurisdiction of the Town. [C.R. 265(Preamble, Ordinance No. 10-01)]. Another exemption, § 245.004(6) allows fees imposed in conjunction with development permits. Lakewood Village charges fees for building permits within its ETJ that are necessary to offset the costs of this regulation. All fees are exempt from the vested rights statute. Thus, Lakewood Village’s uniform residential codes with local amendments apply to the Property; the vested rights statute utilizing almost 20 year old standards in this case does not apply. B. The Town considers an application for a permit based on regulations in effect on that date Section 245.002(a) states “[e]ach regulatory agency shall consider the approval….” TEX. LOC. GOV’T CODE § 245.002(a)(emphasis added). This section indicates that there is a difference for filing with each individual regulatory agency (i.e., each city, each county). In Shumaker Enterprises, Inc. v. City of Austin, the 13 In contrast to subdivision regulation power, and for clarification, Texas municipalities do not possess the statutory authority to zone property (i.e., regulate the height, number, bulk or size of buildings) in their ETJ. Tex. Loc. Gov’t Code § 212.003(a)(1)-(5). The legislative history of House Bill 3187, which amended Section 212.003, stated it “prohibits the application of zoning regulations in ETJ areas.” COMMITTEE ON URBAN AFFAIRS, BILL ANALYSIS, Tex. H.B. 3187, 71st Leg., R.S. (1989). 42 Austin Court of Appeals ruled that filing an application with one regulatory agency (in Shumaker it was a county, as here), does not “freeze” or “vest” the regulations as to another regulatory agency (in Shumaker it was a city, as here). 325 S.W.3d 812 (Tex. App.—Austin 2010, no pet.). 14 The court stated, “under the plain language of the statute, therefore, the city must consider the application for a city permit solely on the basis of the requirements in effect at the time the application to the city was filed.” Id. at 815. In Shumaker, the application to the city of Austin was filed July 1, 2005, and the regulations for Austin in effect on July 1, 2005, were to be applied. Id. at 814-15. Here, the Appellant filed a site plan application with Lakewood Village on January 27, 2014. [C.R. 109-111]. Under § 245.002(a) and Shumaker, Lakewood Village is entitled to enforce its regulations in effect on January 27, 2014 (its current regulations). The Hartsell case, on which Appellant relies, is distinguishable because it involves a plat filed with the town of Talty and building regulations of the same town. In Hartsell, the town of Talty had an ordinance in place regulating the filing of plats. 130 S.W.3d at 326. The developer filed a plat with the Town, which the 14 The Dallas Court of Appeals rejected an owner’s somewhat similar vesting argument in 2218 Bryan St., Ltd. v. City of Dallas, 175 S.W.3d 58 (Tex. App.—Dallas 2005, pet denied). The Bryan case involved an owner who submitted an application for demolition during a moratorium while the city of Dallas was contemplating an historic overlay district. The district was passed and Dallas denied the application. There was no vesting because the original permit application was not “accepted” and therefore not “filed” as required by Chapter 245. Id. Because the 1995 plat was never filed with the Town in this case, it did not provide an avenue for vested rights with the Town. 43 Town first approved on January 10, 2001. Id. The town subsequently enacted an ordinance extending its building codes into its ETJ effective December 1, 2002. Id. The developer then filed a suit against Talty seeking declaratory relief that it was not subject to the building code ordinance, which the court agreed. This set of facts is completely different from the present case. First, in Hartsell the plat was only one year old when the ordinance was passed, so the exemption under § 245.004 (1) did not apply; whereas, in this case, this exemption plainly applies. Second, the plat in this case was filed with Denton County and Little Elm, not with the Lakewood Village, which is a different regulatory agency than the County or Little Elm under § 245.002. Hartsell does not apply. C. The Town had no fair notice of the plat filing The Austin court in Shumaker additionally held that the filing of a permit with a different regulatory agency does not provide fair notice to another regulatory agency as required under the vested rights statute. 325 S.W.3d at 815. Not only did the Appellant’s predecessor developer file the plat with a different regulatory agency, but it failed to give the Town fair notice of the plat. Under chapter 245, vested rights only accrue on the filing of an original application or plan for development or plat application that “gives the regulatory agency fair notice of the project and the nature of the permit sought.” TEX. LOC. GOV’T CODE § 245.002(a-1). When the plat was filed in 1995, the Town was never given any 44 type of notice regarding the plat filing. [2 R.R. 60-61, 135]. By his own pleadings, Appellant elected to forego a Town permit. See Appt. brief at 2 (“Although Bizios and his contractor Alan Hoffman had discussions in early 2014 about applying for a building permit from the Town, they elected to commence construction without a permit.”). 15 The Town secretary diligently searched the Town records, agendas, and meeting minutes and found no evidence that the Town had received any type of notice regarding the plat that was filed to determine that there was no notice provided of the plat, especially prior to the adoption of the ordinance that extended the Town’s building codes into its ETJ. [2 R.R. 61]. Pursuant to § 245.002(a-1), the Town is not bound by any 1995 vested rights under the plat. D. The Appellant cannot assert vested rights Vested rights can only be asserted by mandamus, declaratory or injunctive relief. TEX. LOC. GOV’T CODE § 245.006. The Appellant has not asserted these claims. By statute, the appellant’s vested rights issues cannot be addressed. CONCLUSION & PRAYER The Town demonstrated a probable right to relief and the trial court’s grant of a temporary injunction should be affirmed. Appellee met its burden with undisputed evidence. Texas Municipalities have statutory authority to extend their 15 Appellant makes some statements about the cost of a permit from the Town. See Appt. brief at 5. The Town was prepared to present evidence demonstrating the reasonableness of its permitting costs, but trial court ruled that this evidence was inadmissible. [3 R.R. 23-24]. This ruling has not been challenged on appeal, is waived, and should therefore not be considered. 45 subdivision rules for development to the ETJ under the Local Government Code. City of Lucas and City of Weslaco also provide clear authority stating so. The authority is based on sound public policy that promotes and protects the general health, safety, and welfare of persons residing in and adjacent to a municipality. TEX. LOC. GOV’T CODE § 42.001. Regulation of subdivision rules in the Town’s ETJ is a clear and valid exercise of police power. Moreover, Appellant does not have any 1995 vested rights as a matter of law. Therefore, the temporary injunction should be affirmed. For the reasons stated, appellee Town of Lakewood Village requests this Court to affirm the trial court’s order granting the Town’ temporary injunction. The Town requests costs and all other relief to which it may be entitled. Respectfully Submitted, /s/ Wm. Andrew Messer WM. ANDREW MESSER STATE BAR NO. 13472230 andy@txmunicipallaw.com JENNIFER W. DECURTIS STATE BAR NO. 24045767 jennifer@txmunicipallaw.com BRENDA N. MCDONALD State Bar No. 14993300 brenda@txmunicipallaw.com MESSER ROCKEFELLER & FORT, PLLC 6351 PRESTON ROAD, SUITE 350 FRISCO, TEXAS 75034 972.668.6400 - TELEPHONE 972.668.6414 - FACSIMILE COUNSEL FOR APPELLEE 46  CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing instrument has been sent via electronic service to all attorneys of record, in compliance with Rule 6.3 of the TEXAS RULES OF APPELLATE PROCEDURE, on August 8, 2014. /s/ Wm. Andrew Messer WM. ANDREW MESSER CERTIFICATE OF COMPLIANCE This is to certify that this document contains 12,995 words in compliance with Texas Rule of Appellate Procedure 9.4(i)(3)., s/ Wm. Andrew Messer WM. ANDREW MESSER 47 TAB A Resolution 12-01 Exhibit A TOWN OF LAICEWOOD VILLAGE OFFICIAL MAP { . ·otCKfiOI'l Ll:l .. ·-- ... ,.. ;., 8;W .PT Oai. Z II f --------- S E 43020'43" 585.89' b., 0- "i z-.- ---r- - ' I ~I t'io f . I " ~ I. ----~~·- - \~.., 64,01 t n ~I ,._o• ~\ ~4. '-.~ • <;::, F ~ c-r:, - :..& J04.6" ... ~y_..~"t '!9.,. ~ cr! -, ...... t-J ~ 0:: ! 0:: ~ ,· IS 'Or- .... , ~I :: Lot84- Blockl 109,072 sq. ft. Zoac'"X'" (Umh2dcd) ,..c--- ~..,Of..,"' ~~ rJ ~ ~ ~ ~ 2.50acrcs I I I ,/~---~ "AE" - _.. - .. ......-. snou...-.....! - \- - z FJ.R.r-1 ~ ----- - - - N38~1 '36" F.J.R.. ~ ~I N 34°54'11" W 295. 77' j I U.sA Lake Lcwisviiie Rc.orvoir ~I Lot85 f ! ' \ DID< I CI!.'D7/l4 A.SCNo. I 1«117S ~I t..a.t D.LA. PRDPEilTY DESCRIPI10N: Lot 84, B!oclt 1 ors-isc a- , ..,._ i Bay It Lal:c Lewimlle, ... 8ddil>ca.1D 1llc y_, of'Lit!loc Elm. ~ CR • ' .... -·· ~<:.·l "· '\ .- O.b'-'-r•.v'""" . . - - - ·- -;:. fill L>-10; CR -- ,_..::,'- · ~ - -~- \ - - %" · - - ·-;:- f<-""'" ?.. -- .. .. ' .;..." ·.---· ·' ~~-- -- ··/ . ., I . .• '· _,.-- ~ Rocky _.I~:~_.: 'La k ~wood Vi 11 age ·-----... .. _ . . l ... " • Point , . .;:-' •' .,, ..._ . .,., ~ : ... - ·-·. f-:/ ~ l .,_. · ~~.:.; ~ ~ •, - ~""-- ... ~ .;:. . .... . __ ...,. ..: ~~~ <:!''-.::. -_., ~ ; ·-... ....... '- ~,. -~ /' .. ·,_ --· Lakewood Village ETJ Verified Date: 08/ 05/ 2014 TAB F § 212.002. Rules, TX LOCAL GOVT § 212.002 Vernon's Texas Statutes and Codes Annotated Local Government Code (Refs & An nos) Title 7· Regulation of Land Use, Structures, Businesses, and Related Activities Subtitle A. Municipal RegulatOLy Authority Chapter 212. Municipal Regulation of Subdivisions and Properly Development (Refs & Annos) Subchapter A. Regulation of Subdivisions (Refs & Annos) V.T.C.A., Local Govemment Code§ 212.002 § 212.002. Rules Currentness After a public hearing on the matter, the governing body of a municipality may adopt rules governing plats and subdivisions of land within the municipality's jurisdiction to promote the health, safety, morals, or general welfare of the municipality and the safe, orderly, and healthful development of the municipality. Credits Acts 1987, 70thLeg.,ch.l49,§ l,eff.Sept.l, 1987. Editors' Notes REVlSOR'S NOTE 2008 Main Volume (I) The source law refers to "111les and regulations" governing plats and subdivisions. The reference to "regulations" is omitted from the revised law because under the detinitions section of the Code Construction Act (Section 311.005, Government Code) a 111le includes a regulation. (2) The source law refers to a municipality's authority to "adopt and promulgate" rules. The reference to "promulgate" is omitted from the revised law because the authority to promulgate (officially publish or announce) is inherent in the authority to adopt rules. Notes of Decisions (6) V. T. C. A., Local Government Code§ 212.002, TX LOCAL GOVT § 212.002 Current through the end of the 20 13 Third Called Session of the 83rd Legislature End of OocunH•nt 1'• 20 14 Tho m ~n n Rcut~ rs . No rlaimt'' ot iginal U.S. Ciovcnunctll \Votks. We<;IICl•:.Next © /0 I 1\ Thomson l~cu lors. 1\Jo claim to Cll i!Jin..1:ension of Rules to E>..1:raterritorial Jurisdiction Effective: September 1, 2003 Currentness (a) The governing body of a municipality by ordinance may extend to the extraterritorial jurisdiction of the municipality the application of municipal ordinances adopted under Section212.002 and other municipal ordinances relating to access to public roads or the pumping, extraction, and use of groundwater by persons other than retail public utilities, as defined by Section 13.002, \Vater Code, for the purpose of preventing the use or contact with groundwater that presents an actual or potential threat to human health . However, unless otherwise authorized by state law, in its extraterritorial jurisdiction a municipality shall not regulate: (I) the usc of any building or property for business, industrial, residential, or other purposes; (2) the bulk, height, or number of buildings constructed on a pat1icular tract of land; (3) the size of a building that can be constmcted on a particular tract of land, including without limitation any restriction on the ratio of bui !ding floor space to the land square footage; (4) the number of residential units that can be built per acre of land; or (5) the size, type, or method of construction of a water or wastewater facility that can be constructed to serve a developed tract of land if: (A) the facility meets the minimum standards established for water or wastewater facilities by state and federal regulat01y entities; and (B) the developed tract of land is: (i) located in a county with a population of2.8 million or more; and (ii) served by: Wpc,t l<~•NNext © ?0 l tl Thomson Hc ulors. No claim to orininallJ.S. Governrnon t Works. § 212 .003. Extension of Rules to Extraterritorial Jurisdiction, TX LOCAL GOVT § 212.003 (a) on-site septic systems constructed before September 1, 2001, that fail to provide adequate services; or (b) on-site water wells constmcted before September I, 200 I, that fail to provide an adequate supply of safe drinking water. (b) A fine or criminal penalty prescribed by the ordinance docs not apply to a violation in the extraterritorial jurisdiction. (c) The municipality is entitled to appropriate injunctive relief in district court to enjoin a violation of municipal ordinances or codes applicable in the extraterritorial jurisdiction. Credits Acts 1987, 70th Leg., ch. 149, § I , eff Sept. I, 1987. Amended by Acts 1989, 7 l st Leg., ch. I,§ 46(b), eff. Aug. 28, 1989; Acts 1989, 71 st Leg., ch. 822, § 6, e tl Sept. I, 1989; Acts 200 I, 77th Leg., ch. 68, § I, et'f. Sept. 1, 200 I; Acts 2003, 78th Leg., ch. 731, § 3, eff. Sept. I, 2003. Editors' Notes REVISOR'S NOTE 20081\lain Volume (I) The source law reference to "regulations" is omitted from the revised law for the reason stated in Revisor's Note (l) to Section212.002. (2) The revised law substitutes "criminal penalty" for " misdemeanor" because the former term more accurately describes the effect and intent of the source law. (3) The somce law refers to the district court's authority to "grant any or all types of injunctive relief' in regard to a violation of an ordinance governing plats and subdivisions. The reference to the court's authority is omitted from the revised law because that authority is covered by Section 24.0 II, Government Code, and Section 65.021, Civil Practice and Remedies Code. Notes of Decisions (l 0) V. T. C. A., Local Government Code§ 212.003, TX LOCAL GOVT § 212.003 Current through the end of the 20 13 Third Called Session of the 83rd Legislature [ltd of DO CIIIlt('lll i j 20 14 Tho1nsou R ~ u t~ rs. No claim to origiual U.S. (iov~rnmenl Wo1ks. \'Veo:.l lc.ll,:~•NNext © ?O·Jtl ·rhomson l ~culcr s. No dElim to orinirwllJ .S. GovcrnnlCnl Works. § 214.904. Time for Issuance of Municipal Building Permit, TX LOCAL GOVT § 214.904 End of D oc urn ~ nt i:• 2014 Thomson RctltCIS. No claim to orig inal U.S. Govemrnent Wotks. W?c,t lC~·.vNext © ?0 '14 Thomson l'~outcrs. No clairn to original U.S. Govorr1ment Works. 2 TAB I § 133.153. Additional Filing Fees for Certain Actions and ... , TX LOCAL GOVT § ... Vernon's Texas Statutes and Codes Annotated Local Government Code (Refs & Annos) Title 4· Finances Subtitle C. Financial Provisions Applying to More Than One Type of Local Government Chapter 133. Criminal and Civil Fees Payable to the Comptroller Subchapter D. Civil Fees V.'f.C.A., Local Govemment Code§ 133.153 § 133.153. Additional Filing Fees for Certain Actions and Proceedings in Courts Other than District Comt for llasic Civil Legal Se1vices for Indigents Effective: September 1, 2009 Currentness (a) In addition to other fees authorized or required by law, the clerk of a court other than a district court, the courts of appeals, or the supreme court shall collect the following fees on the filing of any civil action or proceeding requiring a filing fee, including an appeal, and on the filing of any counterclaim, cross-action, intervention, interpleader, or thi rd-party action requiring a filing fcc: (I) S I0 for statutory and constitutional county courts; and (2) S6 for justice of the peace courts. (b) The fees shall be collected and remitted to the comptroller in the manner provided by Subchapter B. (c) The comptroller shall deposit the fees to the credit of the basic civil legal services account of the judicial fund for usc in programs approved by the supreme court that provide basic civil legal services to an indigent. Credits Added by Acts 2003, 78th Leg., ch. 209, § 62(a), cff. Jan. I , 2004. Amended by Acts 2009, 8lst Leg., ch. 1183, § 5, eff. Sept. I, 2009. V. T. C. A., Local Government Code§ 133.153, TX LOCAL GOVT § 133.153 Current through the end of the 2013 Third Called Session of the 83rd Legislature f.nd of 00CIIIIICIII '<;• 20 I ~ Thomson Rcut ~rs. No claim ''' origin;ll U.S. Go\'cnuuenl Works. 1,\lec.tl,lwNext (f.) /0 II\ Thomson l~ cu lcrs. No claim to orioinal lJ.S . Government Works. TAB J § 245.002. Uniformity of Requirements, TX LOCAL GOVT § 245.002 Vemon's Texas Statutes and Codes Annotated Local Government Code (Refs & An nos) Title 7· Regulation of Land Use, Structures, Businesses, and Related Activities Subtitle C. Regulatory Authority Applying to More Than One Type of Local Government Chapter 245 . Issuance of Local Permits (Refs & An nos) V.T.C.A., Local Govemment Code§ 245.002 § 245.002. Uniformity of Requirements Effective: April 27, 2005 Cmren tness (a) Each regulatory agency shall consider the approval, disapproval, or conditional approval of an application for a permit solely on the basis of any orders, regulations, ordinances, mles, expiration dates, or other properly adopted requirements in effect at the time: { I) the original application for the permit is filed for review for any purpose, including review for administrative completeness; or (2) a plan for development of real property or plat application is filed with a regulatory agency. (a-1) Rights to which a penn it applicant is entitled under this chapter accrue on the filing of an original application or plan for development or plat application that gives the regulat01y agency fair notice of the project and the nature of the permit sought. An application or plan is considered filed on the date the applicant delivers the application or plan to the regulatory agency or deposits the application or plan with the United States Postal Setvice by certified mail addressed to the regulat01y agency. A certified mail receipt obtained by the applicant at the time of deposit is prima facie evidence of the date the application or plan was deposited with the United States Postal Service. (b) If a series of pennits is required for a project, the orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect at the time the original application for the fu·st permit in that series is filed shall be the sole basis for consideration of all subsequent permits required for the completion of the project. All permits required for the project arc considered to be a single series ofpennits. Preliminary plans and related subdivision plats, site plans, and all other development permits for land covered by the preliminary plans or subdivision plats are considered collectively to be one series of permits for a project. (c) After an application for a project is filed, a regulatory agency may not shorten the duration of any permit required for the project. (d) Notwithstanding any provision of this chapter to the contrary, a permit holder may take advantage of recorded subdivision plat notes, recorded restrictive covenants required by a regulatory agency, or a change to the laws, rules, regulations, or ordinances of a regulatory agency that enhance or protect the project, including changes that lengthen the effective life of the penn it after the date the application for the permit was made, without forfeiting any rights under this chapter. Wrc.tlil•:tNext © ?01 4 Thor nso11 l~oulc r s. No clai111 to orioir wl U.S. Govcr nrnc11 t Works. § 245.002. Uniformity of Requirements, TX LOCAL GOVT § 245.002 (c) A rcgulat01y agency may provide that a permit application expires on or after the 45th day after the date the application is filed if: (I) the applicant fails to provide documents or other information necessmy to comply witl1the agency's teclmical requirements relating to the form and content of the permit application; (2) the agency provides to the applicant not later than the I Oth business day after the date the application is filed wri tten notice of the failure that specifies the necessary documents or other information and the date the application will expire if the documents or other information is not provided; and (3) the applicant fails to provide the specified documents or other information within the time provided in the notice. (1) This chapter does not prohibit a regulat01y agency from requiring compliance wi th technical requirements relating to tbe form and content of an application in effect at the time the application was filed even though the application is fi led after the date an applicant accmes rights under Subsection (a- 1). (g) Notwithstanding Section 245.003, the change in law made to Subsection (a) and the addition of Subsections (a- 1), (e), and (f) by S.D. No. 848, Acts of the 79th Legislature, Regular Session, 2005, apply only to a project commenced on or after the effective date of that Act. Credits Added by Acts 1999, 76th Leg., ch. 73, § 2, ef[ May II, 1999. Amended by Acts 2005, 79th Leg., ch. 6, § 2, efT. April27, 2005. Notes of Decisions (22) V. T. C. A., Local Government Code§ 245.002, TX LOCAL GOVT § 245.002 Current through the end of the 20 13 Third Called Session of the 83rd Legislature End of Uocuu1cnt r.> 20 1·1 Thomson R ~ut~rs. No claim to original U.S. Government Works. V\l::><,l [,1·.vNext © ?0 14 'i llotnson l ~ou ters. No clai111 to orininnl U.S. GovCII11 r10nl Wotl. No cla im lo olininnl U.S . Government Works. § 245.004. Exe mptions, TX LOCAL GOVT § 245.004 (9) regulations to prevent imminent destntction of property or injury to persons from flooding that arc effective only within a flood plain established by a federal flood control program and enacted to prevent the flooding of buildings intended for public occupancy; (I 0) construction standards for public works located on public lands or easements; or (II) regulations to prevent the imminent destruction of property o r injury to persons if the regulations do not: (A) affect landscaping or tree preservation, open space or park dedication, lot size, lot dimensions, lot coverage, building size, residential or commercial density, or the timing of a project; or (B) change development permitted by a restrictive covenant required by a municipality. Credits Added by Acts 1999, 76th Leg., ch. 73, § 2, elf May II , 1999. Amended by Acts 2003, 78th Leg., ch. 646, § I, cff. Sept. I, 2003; Acts 2005, 79th Leg., ch. 3 1, § I, ciT. Sept. I, 2005. Notes of Decisions (3) V. T. C. A., Local Govcmment Code§ 245.004, TX LOCA L GOVT § 245.004 Current through the end of the 2013 Third Called Session of the 83rd Legislature End of Document ~· 2014 Thomson Reuters. No claim to original U.S. Go\'cnuncnt Wotks. Wf'',tl;v:vNext © /0 '14 Thomson f~ oulcrs. 1\Jo cla irn to orig ina l U.S. Gove rnrnc nl Wotl